May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2697 REMOVAL OF NAME OF MEMBER ited by the Treaty on the territory of States has informed all other States AS COSPONSOR OF H.R. 1111 other States Parties to the Treaty Parties to the Treaty that the United Mrs. MEEK of Florida. Mr. Speaker, I without the freely expressed consent of States (A) will continue to interpret ask unanimous consent to remove the the receiving State Party; (ii) the CFE the term ‘‘temporary deployment’’, as name of the gentleman from Kansas Flank Document does not alter or used in the Treaty, to mean a deploy- abridge the right of any State Party [Mr. MORAN] as a cosponsor of my bill, ment of severely limited duration under the Treaty to utilize fully its de- H.R. 1111. measured in days or weeks or, at most, clared maximum levels for conven- The SPEAKER pro tempore. Is there several months, but not years; (B) will tional armaments and equipment lim- objection to the request of the gentle- pursue measures designed to ensure ited by the Treaty notified pursuant to woman from Florida? that any State Party seeking to utilize Article VII of the Treaty; and (iii) the the temporary deployments provision There was no objection. CFE Flank Document does not alter in f of the Treaty will be required to fur- any way the requirement for the freely nish the Joint Consultative Group es- COMMUNICATION FROM THE expressed consent of all States Parties tablished by the Treaty with a state- CLERK OF THE HOUSE concerned in the exercise of any re- ment of the purpose and intended dura- allocations envisioned under Article tion of the deployment, together with a The SPEAKER pro tempore (Mr. COL- IV, paragraph 3 of the CFE Flank Doc- LINS) laid before the House the follow- description of the object of verification ument. and the location of origin and destina- ing communication from the Clerk of In connection with Condition (6), Ap- tion of the relevant conventional arma- the House of Representatives: plication and Effectiveness of Senate ments and equipment limited by the OFFICE OF THE CLERK, Advice and Consent, in the course of Treaty; and (C) will vigorously reject U.S. HOUSE OF REPRESENTATIVES, diplomatic negotiations to secure ac- Washington, DC, May 15, 1997. cession to, or ratification of, the CFE any effort by a State Party to use the Hon. NEWT GINGRICH, Flank Document by any other State right of temporary deployment under The Speaker, U.S. House of Representatives, Party, the United States will vigor- the Treaty (i) to justify military de- Washington, DC. ployments on a permanent basis; or (ii) DEAR MR. SPEAKER: Pursuant to the per- ously reject any effort by a State Party to (i) modify, amend, or alter a to justify military deployments with- mission granted in Clause 5 of Rule III of the out the full and complete agreement of Rules of the U.S. House of Representatives, I United States right or obligation under have the honor to transmit a sealed envelope the Treaty or the CFE Flank Docu- the State Party upon whose territory received from the White House on May 14, ment, unless such modification, the armed forces or military equip- 1997 at 9:55 p.m. and said to contain a mes- amendment, or alteration is solely an ment of another State Party are to be sage from the President whereby he submits extension of the period of provisional deployed. a report on the Document Agreed Among the application of the CFE Flank Docu- WILLIAM J. CLINTON. States Parties to the Treaty on Conven- ment or a change of a minor adminis- THE WHITE HOUSE, May 14, 1997. tional Armed Forces in Europe of November f 19, 1990 (‘‘the CFE Flank Document’’). trative or technical nature; (ii) secure With warm regards, the adoption of a new United States ob- REPORT ON NATIONAL SECURITY ROBIN H. CARLE, ligation under, or in relation to, the STRATEGY OF UNITED STATES— CFE Treaty or the CFE Flank Docu- Clerk, U.S. House of MESSAGE FROM THE PRESIDENT Representatives. ment, unless such obligation is solely OF THE UNITED STATES f of a minor administrative or technical nature; or (iii) secure the provision of The SPEAKER pro tempore laid be- REPORT ON TREATY ON CONVEN- assurances, or endorsement of a course fore the House the following message TIONAL ARMED FORCES IN EU- of action or a diplomatic position, in- from the President of the United ROPE—MESSAGE FROM THE consistent with the principles and poli- States; which was read and, together PRESIDENT OF THE UNITED cies established under conditions (1), with the accompanying papers, without STATES (H. DOC. NO. 105–83) (2), and (3) of the resolution of advice objection, referred to the Committee The SPEAKER pro tempore laid be- and consent to ratification of the CFE on National Security: fore the House the following message Flank Document. To the Congress of the United States: from the President of the United In connection with Condition (7), As required by section 603 of the States; which was read and, without Modifications of the CFE Flank Zone, Goldwater-Nichols Department of De- any subsequent agreement to modify, objection, referred to the Committee fense Reorganization Act of 1986, I am revise, amend or alter the boundaries on International Relations, and or- transmitting a report on the National of the CFE flank zone, as delineated by dered to be printed: Security Strategy of the United States. the map entitled ‘‘Revised CFE Flank WILLIAM J. CLINTON. To the Congress of the United States: Zone’’ submitted to the Senate on THE WHITE HOUSE, May 15, 1997. In accordance with the resolution of April 7, 1997, shall require the submis- advice and consent to ratification on sion of such agreement to the Senate f the Document Agreed Among the for its advice and consent to ratifica- GENERAL LEAVE States Parties to the Treaty on Con- tion, if such changes are not solely of a ventional Armed Forces in Europe of minor administrative or technical na- Mr. LIVINGSTON. Mr. Speaker, I ask November 19, 1990 (‘‘the CFE Flank ture. unanimous consent that all Members Document’’), adopted by the Senate of In connection with Condition (9), may have 5 legislative days within the United States on May 14, 1997, I Senate Prerogatives on which to revise and extend their re- hereby certify that: Multilateralization of the ABM Treaty, marks on H.R. 1469, and that I may in- In connection with Condition (2), I will submit to the Senate for advice clude tabular and extraneous material. Violations of State Sovereignty, the and consent to ratification any inter- The SPEAKER pro tempore. Is there United States and the governments of national agreement (i) that would add objection to the request of the gen- Belgium, Canada, Denmark, France, one or more countries as States Parties tleman from Louisiana? Germany, Greece, Iceland, Italy, Lux- to the ABM Treaty, or otherwise con- There was no objection embourg, the Netherlands, Norway, vert the ABM Treaty from a bilateral f Portugal, Spain, Turkey and the Unit- treaty to a multilateral treaty; or (ii) 1997 EMERGENCY SUPPLEMENTAL ed Kingdom have issued a joint state- that would change the geographic APPROPRIATIONS ACT FOR RE- ment affirming that (i) the CFE Flank scope or coverage of the ABM Treaty, COVERY FROM NATURAL DISAS- Document does not give any State or otherwise modify the meaning of the TERS, AND FOR OVERSEAS Party the right to station (under Arti- term ‘‘national territory’’ as used in cle IV, paragraph 5 of the Treaty) or Article VI and Article IX of the ABM PEACEKEEPING EFFORTS, IN- temporarily deploy (under Article V, Treaty. CLUDING THOSE IN BOSNIA paragraphs 1 (B) and (C) of the Treaty) In connection with Condition (11), The SPEAKER pro tempore. Pursu- conventional arms and equipment lim- Temporary Deployments, the United ant to House Resolution 149 and rule H2698 CONGRESSIONAL RECORD — HOUSE May 15, 1997 XXIII, the Chair declares the House in emergency appropriations bill. This is colleagues would recognize the true na- the Committee of the Whole House on the first bill the Committee on Appro- tional scope of this appropriations bill, the State of the Union for the consider- priations has presented to the 105th and that finding different or substitute ation of the bill, H.R. 1469. Congress, and I look forward to a very offsets of any major scope is nearly im- productive year as we move 13 appro- possible this late in the fiscal year b 1244 priations measures forward. which began on October 1, 1996. The bill, as reported, proposes $8.4 IN THE COMMITTEE OF THE WHOLE Mr. Chairman, my objective is to get billion in new spending authority, fully Accordingly the House resolved itself the disaster recovery money to the offset, and I stress offset, by the rescis- into the Committee of the Whole House people who need it and to restore our sion of previously appropriated funds on the State of the Union for the con- national security funding to keep our and by including other offsets. Again, I sideration of the bill (H.R. 1469) mak- troops safe and secure on the ground in say this bill is fully offset in budget au- ing emergency supplemental appropria- Bosnia. Flood victims in some 35 thority. tions for recovery from natural disas- States badly need the money in this ters, and for overseas peacekeeping ef- The supplemental bill before us pro- vides the following major items: For bill. In addition, our troops in Bosnia forts, including those in Bosnia, for the and those men and women who have fiscal year ending September 30, 1997, disaster recovery we provide $5.509 bil- lion; for miscellaneous appropriations served our country in various wars are and for other purposes, with Mr. COM- we provide $113 million; and then we looking to us to pass this bill quickly BEST in the chair. offset that spending with $5.622 billion as a sign of our support for them. The Clerk read the title of the bill. of rescissions. So Mr. Chairman, the bill reported by The CHAIRMAN. Pursuant to the In peacekeeping, in Bosnia and other the committee is an excellent disaster rule, the bill is considered as having areas, we repay the Pentagon for what supplemental appropriations bill. It is been read the first time. they have already spent, $2.039 billion, one which enjoys tremendous biparti- Under the rule, the gentleman from and we offset that with rescissions of san support, and there are now several Louisiana [Mr. LIVINGSTON] and the funds previously made to the Pentagon amendments that, if adopted, could gentleman from Wisconsin [Mr. OBEY] of $2.040 billion. cause this bill to be vetoed. We are each will control 30 minutes. Mandatory appropriations are in- going to speak to them at the appro- The Chair recognizes the gentleman cluded here as well in a third category, priate time, but I hope that the Mem- from Louisiana [Mr. LIVINGSTON]. mostly for the veterans’ pension bene- bers would understand that it is impor- (Mr. LIVINGSTON asked and was fits and other benefits for a total of tant that we get this bill on the Presi- given permission to revise and extend $757 million. dent’s desk and signed into law before his remarks.) At the beginning of the 104th Con- we adjourn for the Memorial Day re- Mr. LIVINGSTON. Mr. Chairman, I gress, Republicans began a policy of cess. yield myself such time as I might paying for supplementals by rescissions consume. of previously appropriated funds. I am So I hope that we will keep the bill very proud to say that, once again, the clean and noncontroversial and that we b 1245 bill reported by the committee com- will get it passed, conferenced with the Mr. Chairman, it is a pleasure to plies with this policy and is totally off- Senate and signed into law as quickly present to the House the fiscal year set in budget authority. We have had as possible, and I urge its adoption. 1997 emergency supplemental bill, H.R. to look far and wide for offsets to pay Mr. Chairman, at this point in the 1469, and I hope that the spirit of bipar- for this disaster recovery bill, as well RECORD I would like to insert a table tisanship that has embraced the budget as our international commitments in reflecting the programs and amounts negotiations will carry forward on this Bosnia, but I would hope that all of our in this bill, as reported. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2699 H2700 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2701 H2702 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2703 H2704 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2705 H2706 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. LIVINGSTON. Mr. Chairman, I gentleman’s amendment to allow HUD Mr. LIVINGSTON. Mr. Chairman, I reserve the balance of my time. to make grants, not loans, to privately yield 3 minutes to the gentleman from Mr. OBEY. Mr. Chairman, I yield my- owned, for-profit utilities. I am actu- Virginia [Mr. WOLF], the distinguished self 4 minutes. ally unsure about what his intention is chairman of the Subcommittee on Mr. Chairman, let me simply say in that regard, and I would simply Transportation of the Committee on that I am in the happy position of make this point: It has been Govern- Appropriations. being able to say that at least as of ment policy that CDBG funds can be Mr. WOLF. Mr. Chairman, I thank this moment, unless we have amend- used to assist businesses damaged by the chairman of the Committee on Ap- ments adopted that change the situa- disasters, to the extent that such busi- propriations for yielding time to me, tion, I think we are at a point where we nesses are declined loans by the Small and I hope I can do it in 2 minutes. I can have bipartisan support for this Business Administration or because want to commend the gentleman. bill. I hope it remains that way. they need assistance above the SBA I do want to say I was very dis- I would like to simply raise one con- loan limits, and I am curious as to appointed, though, that the leadership cern I have about the Thune amend- whether or not it is the intent of the in the Committee on rules chose not to ment. I had hoped that Mr. THUNE gentleman in that amendment to protect from points of order a total of would be on the floor. I had asked him change that long-standing practice. $1.6 billion in rescissions of contract to be here. I do not see him at this mo- I hope that he can respond to those authority. These rescissions are nec- ment, but let me simply, because we questions between now and the time essary to ensure that the spending con- will not have time on the Thune that we deal with this in conference, tained in this bill is fully offset. With- amendment, let me raise some con- because everyone wants to see this out them, this emergency Supple- cerns about it now. amendment go forward, but we want to mental appropriations will add more As the Chair of the committee under- see it go forward in the right way. than $1.6 billion to the deficit, and I stands, on the Democratic side of the Mr. Chairman, I reserve the balance would have hoped, knowing that the aisle we were concerned about the com- of my time. gentleman has done such a good job mittee decision not to provide commu- Mr. LIVINGSTON. Mr. Chairman I and the committee did such a good job nity development block grant funding yield myself 11⁄2 minutes. of offsetting it, that that would have for the Dakota floods. We had urged Mr. Chairman, the Thune amendment been protected. I just thought it was a that they do so. The decision was made is an attempt to provide maximum given, because we have been committed by the majority party to withhold flexibility to the people who have suf- to making sure that all of this is offset. fered such devastation in the Dakotas judgment on whether or not there Second, and I have so much here, I and in Minnesota as a result of the ought to be any CDBG funding pro- would just submit it all for the flood. There was some concern that be- vided, and we respected that. Now I am RECORD, but I would say that I am con- cause the flooding was so extensive and happy to see that there will be an cerned that the senate has added much had been on the ground for such a long amendment offered, and I do not expect more money in to this for highway period of time, that certain businesses to object to it when it is offered today spending to donor States, far beyond and certain people who live in houses by the gentleman from South Dakota what the President or anybody else has in that flood zone either would not even suggested that should be in. We [Mr. THUNE]. come back or should not come back, I know that the gentleman from wanted a bill that was totally offset, and it has been hard to get a handle on and now they have added so much North Dakota [Mr. POMEROY] and the exactly what should be done and more. gentleman from Minnesota [Mr. PETER- whether or not the Federal Govern- Third, as the chairman of the Com- SON] and others are very concerned ment, within the confines and restric- mittee on Appropriations knows, and I that that amendment pass, but I must tions of current law affecting FEMA, would hope that we can resolve this say that there are some problems with has the flexibility to deal with those matter, they have also basically put that amendment that I believe are questions. earmarking back in. This House, on going to have to be fixed in conference. To his credit, the gentleman from both sides of the aisle, did away with First of all, as I understand it, the South Dakota [Mr. THUNE] is attempt- earmarking. Some people call them amendment attempts to fund $500 mil- ing I think to answer some of those pork projects, some people call them lion in CDBG money by reducing the questions. Others in this Chamber, highway demonstration projects, oth- $1.2 billion contained in the original both on the Republican and the Demo- ers call them whatever they want to. FEMA money to $700 million, which crat side, both the majority and minor- As an example, in the Senate bill, the leaves FEMA with a very tight budget. ity side, have had different ideas on State of Alabama would receive $21 I am concerned about the robbing how to provide that flexibility, and I million in additional highway aid funds Peter to pay Paul, the result that that think this is an ongoing process. It is in fiscal year 1997 and the State of Ala- might produce. I am also concerned an ongoing process, so that we can talk bama would be required to spend all of that that amendment would run the it out and by the time we get to con- that money on one specific project, the risk of limiting the Federal response ference, hopefully we will provide the Warrior Loop project. and delaying victims from receiving maximum amount of flexibility that The House is well aware that we have much-needed assistance through the really does help the people that need gotten rid of these things, so therefore regular FEMA account. help, but without simply throwing the the other body has put in more money, In the Senate, the $500 million was money at the problem and wasting tax- well beyond what the President want- added without reducing FEMA’s disas- payers’ dollars. ed, and at the very time both bodies ter fund account, and I had hoped that Mr. OBEY. Mr. Speaker, I yield my- are meeting, the budget committees we would be able to simply adopt that self 30 seconds. are meeting, everyone is taking credit approach. I think it would be useful if Mr. Chairman, I would simply say for reaching a balanced budget in the we could do that in conference. that I understand the gentleman’s year 2002, yet we put more money into I would also note that I am con- comments and agree with them. We do this than the President asked or any- cerned because the gentleman’s amend- want to provide whatever amount is body else asked for. So I hope as we get ment apparently seeks to make perma- necessary through the CDBG process to to conference both of these issues will nent changes in law which would force enable them to meet their problems. be resolved. the Secretary of HUD to waive the re- We do also, because of our responsibil- Lastly, this is not the place to re- quirement that HUD’s disaster assist- ity to the taxpayers and to other po- write ISTEA. The place to rewrite ance benefit only low- and moderate- tential recipients from FEMA, want to ISTEA is in the Committee on Trans- income persons. make certain that in the process we do portation and Infrastructure this year. I am also concerned about why it is not hurt FEMA’s ability to deliver aid. I again want to thank the chairman necessary to force the Secretary to We also want to make certain that we of the Committee on Appropriations waive the requirement to hold local do not unnecessarily make permanent for his outstanding job, and just hope public hearings. I am also concerned changes in law that might come back that we can make sure this money is that it appears to be the intent of the to haunt us. offset when we go back to committee. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2707 I thank the chairman of the Appropriations had contributed to the highway trust-fundÐ The House is well aware of our posi- Committee for yielding me a few minutes so that in the last year of the 6 years of ISTEA tion on the earmarking of highway that I might discuss a few of the items in the authorization, which is this year, there would demonstration projects. As a result of Transportation Subcommittee's jurisdiction. be inserted a 90-percent floor. That is, no not earmarking highway demonstra- First, the chairman of the full committee State would get back less than 90 percent of tion projects, the Appropriations Sub- needs to be congratulated for the yeoman's what it contributed to the highway fund. The committee on Transportation has been work that he has done in crafting this billÐan 90-percent standard has been the holy grail of able to increase the Federal-aid high- $8.4 billion emergency supplemental bill that is those States that have gotten less back than way program by almost $1 billion. fully offset. That was no easy task. He has they have contributed to the fund. In doing so, we have allowed the been forced to make some difficult decisions This program, the 90 percent of payments States and people at the local level to and has done a commendable job under program, was part of the common understand- determine the appropriate use of these equally difficult circumstances. ing of the Congress and the States when funds—not people here in Washington I am disappointed, however, that the leader- President Bush signed the bill in 1991. It was in their ivory towers. ship and the Rules Committee chose not to the understanding of the donee States. It is These issues are surely to be conten- protect from points of order a total of $1.6 bil- now the law of the land. tious in conference and I felt compelled lion in rescissions of contract authority. These Well, now the donee States want moreÐ to inform my colleagues at this stage rescissions are necessary to ensure that the more than what they have received in excess of the process. spending contained in this bill is fully offset. of their contributions over the last 6 years, I am afraid that a protracted debate Without them, this emergency supplemental more than what they would get under current on Federal-aid highway formulas and appropriations bill will add more than $1.6 bil- law, more that what they are entitled to under the underlying donor/donee State prob- lion to the deficit. ISTEA. The donee States would get a half a lem as well as the earmarking highway This action is disturbing and painful. billion dollars more from the other body. This demonstration projects will delay the In the area of transportation, the emergency is not fair to the donor States. necessary funding to respond to the supplemental bill includes $650 million in While the majority of the other body is rep- devastating floods that occurred this emergency highway program funds, $40 mil- resented by donee, States, the overwhelming spring. lion for the FAA to procure additional explo- majority of this House is elected from donor I thank the chairman for yielding me sive detection equipment, $22 million for the States. the time. National Transportation Safety Board, and $10 Mr. Chairman, this urgent supplemental ap- Mr. OBEY. Mr. Chairman, I yield 2 million for emergency railroad rehabilitation. propriations bill is not the placeÐnor is it the minutes to the distinguished gen- These funds are needed desperately to re- timeÐto debate the donor/donee States issue. tleman from Minnesota [Mr. PETER- spond to the devastating floods that occurred The reauthorization of ISTEA is the proper SON]. throughout our country this spring and to en- and appropriate legislation to debate this divi- (Mr. PETERSON of Minnesota asked sure safety in our skies. sive issue. and was given permission to revise and The bill also includes $318 million in addi- In addition to this item, the other body has extend his remarks.) tional fiscal year 1997 obligation authority for taken the unprecedented step of earmarking b 1300 the Federal-aid highway program. These funds seven highway demonstration projects from were requested by the President and are in- the funds provided to the States under the Mr. PETERSON of Minnesota. Mr. tended to compensate those States that were regular Federal-aid highway program. Chairman, I rise in support of H.R. 1469, given an expectation of what they would re- Rather than provide additional high- the Emergency Supplemental Appro- ceiveÐa false expectation, based on an arith- way funds to the States without priations Act, because it contains very metic error by the Treasury DepartmentÐ strings attached or to earmark funds in important money for our region for the which they then calculated into their State excess of the regular Federal-aid high- disaster that we just went through, a highway fund. way program for specific projects, as disaster like we have never seen in 500 The committee has been responsible and has been the norm, the other body di- years in Minnesota. diligent in responding to the needs of the peo- rects certain States to spend a por- In East Grand Forks, pictured here, ple in the flooded areas while being mindful of tion—and in some cases all—of their in Breckenridge, in Ada, in Warren, the desire of the American people to balance Federal-aid highway fund on specific and all the rural communities along the budget and to offset this additional spend- highway demonstration projects. the Red River, we were under water. ing. As an example, in the Senate bill, the Nobody can remember anything like I am concerned, however, that the other State of Alabama would receive $21 this. We had snowstorms, ice storms, body has gone much further than is necessary million in additional Federal-aid high- and then, last, the flood of 1997. or warranted. I want to alert my colleagues to way funds in fiscal year 1997. The State There is the city of East Grand the other body's actions on its version of the of Alabama would be required to spend Forks, a town of 9,000 people, that got supplemental billÐparticularly with respect to all of that money on one specific hit probably the hardest of any com- two troubling issues. These issues have the project, the Warrior Loop project. munity in this flood. Everyone, the en- potential to delay unnecessarily the emer- Now, under the provisions of the Sen- tire town was under water. It had to be gency funding contained in this bill. ate’s bill, the State of Alabama either evacuated because the water kept ris- The other body has provided a total of $933 uses its Federal-aid highway funds on ing. In the end it just could not be million in additional fiscal year 1997 obligation this one particular project by the end stopped. Every street, every home, authority for the Federal-aid highway program. of September, or it loses all of it. every business went under water, and Of this amount, $457 million was added to ad- The State is afforded no elasticity as the water did not go down for 2 weeks. dress the Treasury error that I alluded to ear- they have under current law. In true Minnesota style, the people of lier in my remarks. The process advocated by the other Crookston, Thief River Falls, Red Lake Moreover, the other body has provided al- body will significantly change the Falls, Bemidji, and many other com- most a half a billion dollars more in additional manner in which the Federal Highway munities opened their doors and pro- fiscal year 1997 Federal-aid highway spend- Administration manages the Federal- vided shelter and people to help us get ing. This spending was not requested by the aid highway program. It will also im- through, and to help the people driven President and is not necessary as an emer- pact each of the States’ ability to fund out by the floods. gency requirement. the projects of greatest need. And it Now, although the water has receded, This funding has nothing to do with the eliminates the flexibility afforded the the damage and desolation that is ev- arithmetic error. It has to do with providing a States and local units of government erywhere is reminiscent of a nuclear hold-harmless provision to donee States to ad- under current law to determine what blast. There are no children playing, dress what the donee States now see as a project or program is best for them. and life is now just returning to nor- problem in the highway authorization act of This process undermines the plan- mal. There is garbage and debris every 1991. ning process established by ISTEA and place you look. People’s entire lives That act, ISTEA, contained a provision for forces the States to give a higher prior- are sitting on the berms waiting to be donor StatesÐthose States that had tradition- ity on these projects than on other po- scooped up by payloaders. East Grand ally received back substantially less than they tentially more worthy projects. Forks has lost four of their six schools, H2708 CONGRESSIONAL RECORD — HOUSE May 15, 1997 their city hall, their library, and neigh- Last week, the New York Times ran a the Thune amendment are not exclu- borhood after neighborhood. Thirty- lengthy article about workers who have been sively for the area, and other areas five to forty percent of this community dislocated by NAFTA. The dateline on the that have had disasters may also ac- is going to have to be rebuilt and story was El Paso, TX, which I represent. cess these funds to augment the exist- moved to another part of the area so Mr. Chairman, during the first 21¤2 years of ing structure of disaster relief pro- we do not do this again. NAFTA, Texas had almost 8,000 certified job grams. Mr. Chairman, in all of the flood-rav- losses as a result of NAFTA. What we have seen with the Thune aged communities in the Red River More than half of those dislocated workers amendment is a bipartisan response to Valley, the challenge now is to rebuild. were in El Paso. a truly national disaster. President On behalf of all of the Minnesotans in Under current law, after these workers ex- Clinton, Speaker GINGRICH, the major- the Seventh District, I want to thank haust their unemployment compensation, they ity leader, the gentleman from Texas, the President, the Vice President, the are entitled to cash benefits for 52 weeks Mr. ARMEY, all have visited the area. Speaker, the majority leader and other while they are retraining. The gentleman from South Dakota Members who came out to look at the Many of these workers have exhausted [Mr. THUNE] and the gentleman from damage for themselves, and thank those cash benefits and they are still jobless. Minnesota [Mr. PETERSON] have worked them for all the help they have given My amendment would have appropriated an at great length putting this together. us to get to this point. additional $10 million for these workers and Please support the Thune amendment The work of FEMA and the director, extend their eligibility for benefits an additional and the bill. James Lee Witt, have been outstand- 6 months. Mr. LIVINGSTON. Mr. Chairman, I ing. I want to thank each and every My amendment would also have appro- yield 2 minutes to the gentlewoman one of the agency personnel who have priated an additional $1.6 million for the re- from Kentucky [Mrs. NORTHUP], a new been out in the Seventh District help- training programs, which would bring the ap- and valued member of the Committee ing our people and communities get propriation up to $30 million, the maximum on Appropriations. back on their feet. amount authorized. Mrs. NORTHUP. Mr. Chairman, I rise I also want to thank the National Today we're considering a supplemental ap- in support of H.R. 1469, the Disaster Re- Guard, Army Corps of Engineers, and propriations bill primarily for disaster relief. covery Act of 1997, which will get the mayors. I thank them and I encour- As far as I'm concerned, these dislocated money needed as a result of the floods age everyone to support this bill. workers need disaster relief, too. Unfortu- to Kentucky residents. I am sorry for Mr. LIVINGSTON. Mr. Chairman, I nately, under this rule, we're not going to be so many of the people that suffered in am pleased to yield 2 minutes to the able to help them. my community because of this extraor- very distinguished gentleman from Mr. Chairman, we have an obligation to dinary flood that occurred this spring. Florida [Mr. YOUNG], chairman of the these workers and I will be on this floor every We had 12 inches of rain in 1 day. We Subcommittee on National Security of chance I get to speak on their behalf. had flash flooding, and then a major the Committee on Appropriations. Mr. OBEY. Mr. Chairman, I yield 2 Mr. YOUNG of Florida. Mr. Chair- flood when the river overflowed as it minutes to the distinguished gen- man, I rise in support of the bill. I drained off and the river flooded. tleman from North Dakota [Mr. would like to urge our colleagues to do This flood was the worst since 1964. POMEROY]. everything possible to expedite this There is no amount of personal insur- Mr. POMEROY. Mr. Chairman, I bill. The money for the Department of ance, of personal precautions, that thank the gentleman for yielding time Defense that we provide in this bill is would prepare a person or a community to me. offset from the Department of Defense for this size flood. It is in this bill Mr. Chairman, I thank very, very sin- budget. There is no new money here. It where we reach out to those people who cerely the Committee on Appropria- is basically a transfer within the de- were struck so badly. tions chairman and the ranking mem- partment’s funding. But if we cannot My constituents have said this is ber of the Committee on Appropria- get this done expeditiously, the oper- when Government should become in- tions for their assistance in working up ation and maintenance accounts, the volved in citizens’ lives, when Govern- an appropriate disaster relief proposal, training accounts for all of the serv- ment is truly the last resort for assist- ices, are going to be severely affected. formed as the Thune amendment. ance. It is a bill which will help many I just urge our colleagues, however Mr. Chairman, what we have in North States and citizens, and it was devel- they intend to vote on the bill, help us Dakota is an absolute disaster, the di- oped in a teamwork approach. That is expedite the consideration of this bill mensions of which we have never expe- why I urge my colleagues to vote for so we do not have to stand down any rienced before. Grand Forks, ND, sec- this bill. flight training or stand down any ond largest town in the State, A town I hope the President will listen to the training on the part of any of the serv- of 50,000, was under water, and the con- needs of my constituents from Ken- ices, or affect any of the operations and sequences of it are absolutely devastat- tucky, Arkansas, and throughout the maintenance, because that is what will ing for the businesses and the home- Nation, and please, sign this bill. happen if we do not get this funding owners that reside there. Mr. OBEY. Mr. Chairman, I yield 2 resolution, this supplemental appro- What we are finding as we begin minutes to the distinguished gentle- priations bills, through here quickly. tackling the rebuilding component of woman from California [Ms. PELOSI]. Mr. OBEY. Mr. Chairman, I yield 30 this is the additional needs that are Ms. PELOSI. Mr. Chairman, I thank seconds to the gentleman from Texas simply not met with the existing pro- the gentleman for yielding time to me. [Mr. REYES]. grams. For example, we literally have Mr. Chairman, I commend the distin- (Mr. REYES asked and was given per- hundreds of homes in the floodway, a guished chairman of the Committee on mission to revise and extend his re- floodway that is proposed to be razed, Appropriations and our ranking mem- marks.) and a permanent dike established so we ber for their hard work to bring this Mr. REYES. Mr. Chairman, I wanted do not have this problem ever again. legislation to the floor. When natural to offer an amendment today, but it These individuals need to know right disaster strikes, the people of our coun- was ruled not germane to the bill. The now whether or not funds will be avail- try have a right to have a response amendment would have provided for able on a home buyout proposal so they from us, and a response that is quick displaced workers affected by NAFTA, might have the means to build on high- and appropriate. That is why I hope which I believe qualify for disaster re- er ground while the city’s enhanced that we can do that with this legisla- lief. I appreciate the opportunity to flood protection program moves for- tion, and why it is hard to understand enter my remarks, written remarks, ward. why anyone would want to throw up an into the RECORD. The Thune amendment allows this to obstacle to the very quickest response Mr. Chairman, I wanted to offer an amend- happen by transferring funds from to the needs of the American people. ment today but I've been told that, under the FEMA into the Community Develop- That obstacle is in the form, in this rule, my amendment is not germane so I'm ment Block Grant, to be more flexibly legislation, of having in order the not going to offer it but I would like to tell my applied to the unique needs that this Gekas amendment. President Clinton colleagues about it. situation presents. The CDBG funds in has rightfully said that if the Gekas May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2709 amendment is included in this bill, There has been some controversy sur- with the many people who received that he would veto the bill. So I urge rounding our request for these addi- them. my colleagues, when it comes time to tional funds, there is no question. How- But now, because of the sensitivity of vote on the Gekas amendment, to vote ever, if we cannot continue to serve this Congress and because of this sup- against it. these people who need our help, who plemental bill, we will hopefully, with Who wins under the Gekas amend- are experiencing temporary difficulty our amendment, be allowed to help ment? I think just the House Repub- with maintaining a healthful diet at these people. This cutoff was required licans, because this month’s balanced their most critical time of growth and by the welfare law that was enacted budget agreement includes several new development, if we cannot do this, we last year. investments in education and other are essentially cutting the program. SSI checks, as we know, they go to priorities for American families, but WIC is a well-managed program that needy people, they go to aged and frail Republicans are hoping they can ignore would put these additional dollars, I people and disabled people. They are those bipartisan commitments by ram- believe and others believe, to efficient the most vulnerable people in our soci- ming through this amendment, which use. In fact, it includes the most suc- ety. These people, most of them are would allow them to impose automatic cessful cost-containment system of any over 64 years of age, blind or disabled, $25 billion cuts in education and other Federal health-related program. We all and certainly this Congress does not priorities. know, and it has been justified, it has want to see their SSI cut off. We want to thank this Congress, Mr. Chairman, If the Gekas amendment passes been talked about, that for every dollar for this wonderful act. today, here is what could happen: 86,000 WIC spends on prenatal care, we save fewer children would be enrolled in $3.50 spent on Medicaid. b 1315 Head Start, 360,000 fewer students WIC is one Federal program that I Mr. OBEY. Mr. Chairman, I yield my- would receive Pell grants for college or believe and others do that is truly de- self 1 minute and 30 seconds. job training, 31,000 fewer students serving, and it delivers what it prom- I would simply like to congratulate would get college work study jobs. If ises to the American taxpayer. Medical the gentlewoman from Florida. The you are a veteran you should be con- evidence shows that the WIC Program history of this provision is that when cerned, because 60,000 veterans could be reduces low birthweight, infant mortal- we first marked up the supplemental in denied medical care, 66,000 people ity, and child anemia. This amendment the Committee on Appropriations, the would lose job training and job place- is proof that we can do what we want gentlewoman from Florida tried to ment. when we work from both sides of the offer an amendment which would have The list goes on and on. If you are aisle. provided for a long-term extension of concerned about the environment, the Mr. OBEY. Mr. Chairman, I yield 2 the restoration of the benefits that this cleanup of 900 toxic waste sites could minutes to the gentlewoman from amendment covers. She understood be delayed, 500,000 fewer at-risk preg- Florida [Mrs. MEEK]. fully that it was not the jurisdiction of nant women and children would get Mrs. MEEK of Florida. Mr. Chair- the Committee on Appropriations, and milk, cereal, and other foods. We will man, I thank the ranking member of she understood why the gentleman be debating that under the WIC provi- the Committee on Appropriations for from Louisiana and I had to oppose sion that our colleague, the gentle- yielding me the time, and also the that amendment. woman from Ohio [Ms. KAPTUR], is pro- chairman, the gentleman from Louisi- But she then offered this amendment posing. It is hard to understand how ana [Mr. LIVINGSTON]. in committee which would provide in the Republican majority rejected the Mr. Chairman, I stand to lend my essence for a 1-month bridge so that we WIC funding. It is hard to understand support to the bill as reported by the would not have people lose their bene- why they would allow the Gekas committee, and I want to thank them fits in August, be out of benefits for a amendment to stand in the way of the for their skill and sensitivity in bring- month, only to then have them resume quickest possible aid to people suffer- ing this before the floor. if the budget agreement passes which ing from disaster in America. On behalf of myself and my col- restores these benefits. So she agreed Mr. LIVINGSTON. Mr. Chairman, I leagues, the gentleman from Florida, to withhold offering that amendment yield 2 minutes to the gentleman from Mr. DIAZ-BALART, the gentlewoman in committee, so long as her right to New York [Mr. QUINN]. offer this amendment was protected on Mr. QUINN. Mr. Chairman, I thank from Florida, Ms. ILEANA ROS- LEHTINEN, the gentleman from Florida, the floor, as in fact now has occurred. the gentleman for yielding time to me. I simply want to say that this is the Mr. CLAY SHAW, and the gentleman Mr. Chairman, I rise to speak in sup- responsible way to approach this prob- from Rhode Island, Mr. PATRICK KEN- port of the amendment today. Our lem. It would be ludicrous for these NEDY, our amendment, which has been amendment adds $38 million to the sup- people to be bounced off the rolls for allowed as a part of this particular ex- plemental food program for nutrition- one month and then go back on. I ap- ercise here this morning, it takes ally at-risk pregnant women, infants, preciate her commitment on the issue. through the fiscal year the cutoff of and children under the age of 5. We pro- That is why this matter is before us pose to take unused dollars from a SSI income and Medicaid checks to today. NASA wind tunnel project to offset the legal immigrants, including refugees Mr. LIVINGSTON. Mr. Chairman, I cost of the additional dollars. and asylees. This delay will give Con- yield myself 1 minute and 15 seconds. Mr. Chairman, we appreciate the in- gress a chance, Mr. Chairman, to agree Mr. Chairman, I just want to say that terest from Members on both sides of on a permanent solution to help and I agree with everything that the gen- the aisle. If we do not include these assist these vulnerable people. tleman from Wisconsin has just said funds, 180,000 women, infants, and chil- Our amendment provides an offset- but would add that this amendment be- dren will be removed from the pro- ting rescission in budget authority came necessary because of a shortfall gram. Because of an increased need, that will allow us to do this, so that created in the welfare reform program. food price inflation, along with an un- when Congress takes its recess, these I want to say that I totally agree derestimated caseload for fiscal year very worthy legal immigrants will con- with, concur with and support the wel- 1997, a serious reduction of women, in- tinue to receive their benefits. Our fare reform activities that this Con- fants, and children served through the amendment, which they have been so gress entered into in the 104th Con- WIC Program this year is inescapable. helpful in letting us offer this morning, gress. But when we reduced welfare, in The WIC participation for 1996 fiscal is identical to the one that has already effect we created savings in the entitle- year exceeded the initial projection by been passed by the Senate on May 7. ment side of the equation or the man- 100,000 women, infants, and children. We all know that the Social Security datory portion of the budget, and now Innocent children are facing unique Administration has sent out over we are making up for the differential and challenging circumstances at this 800,000 letters to people letting them out of the discretionary portion of the time. We should be there to help them. know they may or may not have a cut- budget. For instance, the flooding in North Da- off of their benefits. We know they For the average person throughout kota has caused 3,000 additional case- have let them know, and this has America, they do not know the dif- loads with the WIC Program. caused quite a bit of consternation ference between mandatory spending H2710 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and discretionary spending, and they States need some time to disseminate many of my colleagues have done, I, do not care and they need not care. It information about the new program. too, have been an appropriations per- does not matter to them. But for us Even more troubling to us was the son in another life. I realize there is a who have to work with the numbers fact that USDA policies on rental rates temptation for Members on day in and day out, we know that we discouraged enrollments in the East supplementals to want to do other are making great gains in the discre- and the West coastal regions while things. But I want to remind my col- tionary portion of the budget pie, sav- USDA administrative policies also dis- leagues that the intended target of this ing the American taxpayers money, couraged Western rangeland from par- funding would be the people affected by and we are not making significant or ticipating in the program. the flooding which has devastated we made less gains on the entitlement We also wanted to ensure that ade- parts of North Dakota, South Dakota, side. quate CRP acreage was provided for Minnesota, and California. Hopefully with this budget agree- the continuous enrollment of buffer We need to help our neighbors in ment we will make significantly more strips which are perhaps the most ef- their time of need, and it is the right gains. But it just seems unfortunate fective way of controlling farm runoff. thing to do. Nearly 4 years ago my that we have to make up for the short- A final point is that tight Federal State of Iowa suffered from the great fall on the discretionary side of the dollars must buy maximum conserva- flood of 1993, a 500-year flood. I remem- budget that was created on the entitle- tion benefits. Our appropriations bill ber the assistance the Federal Govern- ment side of the budget recognizing language was fiscally responsible in ment provided us in our communities that what I just said is inside-the-Belt- that it saved, in fiscal year 1998, $31 in our time of great need. There may way jargon. million, and in 1999, $177 million. These be provisions in this massive funding Mr. Chairman, I yield 3 minutes to moneys could have been available to bill that we may find objectionable; the gentleman from New York [Mr. spend on other critical agricultural that will always be the case. But please WALSH], the very distinguished chair- programs that we will not otherwise be do not derail this because of wanting to man of the Subcommittee on Legisla- able to fund at sufficient levels in the attach to a supplemental something tive. He did an outstanding job pre- upcoming bills. that would actually delay the needed viously on the Subcommittee on the I thank the chairman for yielding me relief. District of Columbia. the time on this important issue to ex- I ask my colleagues to join me in ex- Mr. WALSH. Mr. Chairman, I would press the intent of the CRP bill lan- tending a neighborly helping hand to like to thank the chairman of the Com- guage. I look forward to continued the affected States and provide them mittee on Appropriations, the gen- work with the committee and with with the help they need to improve tleman from Louisiana [Mr. LIVING- USDA to ensure that regional inequi- their situation. Anyone who has been STON], for the terrific job that he is ties in the administration’s CRP pro- through a devastational flood can at- doing under very difficult conditions. gram are addressed. test it takes time, money, and a lot of Mr. Chairman, I rise to discuss the Mr. OBEY. Mr. Chairman, I yield my- sweat and hard work to get back to intent of the provision included in this self 1 minute. some semblance of normalcy. Let us Mr. Chairman, let me simply say bill by the Committee on Appropria- provide one part of that equation by that I appreciate the gentleman’s con- tions that would place a 14-million acre adopting this emergency funding bill. cern for his region. It is perfectly ap- limitation on the number of acres that It only makes sense. propriate. could be enrolled in the Conservation Hopefully, no amendments will be I would simply say that I think there Reserve Program in 1997. adopted that will cause a veto or delay are many in Congress who have a dif- First of all, I want to make it clear this much needed assistance. We owe it ferent view of the provision in the bill that I am a strong supporter of the to our neighbors. Let us pass this and at this point with respect to the CRP. CRP program, and I support efforts to get this help to them right away. It seems to me that on an emergency ensure a full 36-million acre enroll- Mr. LIVINGSTON. Mr. Chairman, I supplemental, we should not be making ment. However, my purpose in placing yield 2 minutes to the great gentleman this kind of change in basic law. It in- this limitation language in the bill was from the Great State of Washington sures to the detriment of a good many to ensure that only the most environ- [Mr. NETHERCUTT], a great member of farmers in the upper Midwest. I trust mentally sensitive land is enrolled in the Committee on Appropriations. the CRP. USDA maintains that they that at the time it will be properly Mr. NETHERCUTT. Mr. Chairman, I plan on enrolling acreage that provides stricken on a point of order. thank the gentleman from Louisiana Mr. WALSH. Mr. Chairman, will the the greatest environmental benefit for [Mr. LIVINGSTON], the great chairman gentleman yield? the dollar spent. Our language merely Mr. OBEY. I yield to the gentleman of the Committee on Appropriations, was giving USDA breathing room to do from New York. for his great introduction. the job right in accordance with the Mr. WALSH. Mr. Chairman, the gen- Mr. Speaker, I am here pleased to 1995 farm bill. tleman is correct. We are concerned in support the work of the chairman of Currently, over 75 percent of the the Northeast, the Southeast, the the Committee on Appropriations and acres enrolled in the CRP is con- Southwest and the far West that all of working with the ranking minority centrated in nine States. Much of this the acres will be enrolled within this member, the gentleman from Wiscon- acreage was enrolled back in the mid- year in one section of the country. This sin [Mr. OBEY], to bring to the Con- 1980’s, when the CRP program was a was meant to be a national program. gress, to the House, a wonderful effort price support program. Our bill lan- Mr. OBEY. Mr. Chairman, I would to meet the needs of the flood victims guage was meant to ensure that the say that this is a national program. it of last year. It is absolutely critical USDA did not re-enroll some of these should be allowed to proceed the way that we pass this bill today, and I to- highly productive lands when world the department and farmers expected it tally support it. stocks of grain are exceedingly low. to. If other regions of the country are I also appreciate the comments of the Idling productive acres is not what behind, I suspect over time that will be gentleman from New York [Mr. Congress intended when it passed the a self-correcting phenomenon. WALSH], my colleague who was here a farm bill last year. Taxpayer money Mr. Chairman, I yield 1 minute and 15 moment ago, speaking with regard to should not be used to re-enroll produc- seconds to the gentleman from Iowa CRP. I want my colleagues to under- tive lands in the CRP program. [Mr. BOSWELL]. stand that, as a member of the Sub- One of the problems with this new (Mr. BOSWELL asked and was given committee on Agriculture, Rural De- sign up is that this year’s bidding oc- permission to revise and extend his re- velopment, Food and Drug Administra- curred only 3 weeks after the new rules marks.) tion, and Related Agencies of the Com- were finalized by USDA. This did not Mr. BOSWELL. Mr. Chairman, I mittee on Appropriations, we really re- leave sufficient time for outreach to thank the gentleman for yielding me sisted the amendment of the gentleman farmers who had not previously par- the time. from New York [Mr. WALSH] to cap ticipated in the program. It is only rea- I rise in support of this emergency CRP, Conservation Reserve Program, sonable to assume that most of the supplemental appropriations bill. As acres at 14 million acres. We want it to May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2711 be the 19 million acres that are in- ravaged areas along the Minnesota River, and and I urge my colleagues to support Rep- tended to be enrolled in 1997. I have seen that, in the true Minnesota spirit, resentative THUNE's amendment that provides This is supported by the chairman of folks are moving on with their lives with their the inclusion of Community Development the Committee on Agriculture. It is heads held high. The passage of this bill today Block Grants [CDBG's]. This is the best way supported by people who care deeply is a long-awaited, important step toward re- for the Federal Government to quickly and effi- about agriculture across this country, covery. ciently aid flood victims and restore our dev- not the least of whom are in my own This disaster experience has summoned an astated communities to economic vitality. district, the Fifth District of the State unprecedented level of commitment from all Unfortunately, this bill came before the of Washington. CRP is a great pro- levels of government starting at the local level. House with several extraneous provisions and gram. We should not fool with it in an Mayor Jim Curtis and City Manager Jim Nor- its consideration was delayed because of sev- appropriations bill, especially an emer- man of my hometown of Montevideo, as well eral superfluous additions. I was disappointed gency supplemental appropriations as Granite Falls' Mayor Dave Smiglewski and that the bill was not brought to the floor as a bill. City Manager Bill Lavin; Dawson's Mayor Al clean, emergency appropriations bill. The ex- I happened to be pleased to join with Schacherer and City Manager David Bovee; traneous provisions took the focus away from the chairman of the Committee on Ag- Redwood Falls Mayor Sara Triplett and City providing aid to the victims of the flood. riculture today in raising a point of Manager Jeff Weldon; New Ulm's Mayor Bert I am pleased, however, that the Speaker al- order to have the cap lifted and the Schapekahm and City Manager Richard lowed my colleague, Representative RAY language that the gentleman from New Salvati; St. Peter's Mayor Jerry Hawbacker LAHOOD and I to bring forward an amendment York [Mr. WALSH] was able to insert in and Daniel Jordet; Morton's Mayor David to strike one of the extraneous provisions. The the subcommittee and full committee Mude and City Clerk Shirley Dove; Appleton's bill called for a cap on enrollment of the Con- and have that language removed from Mayor Hugo ``Bob'' Roggatz and Coordinator servation Reserve Program [C.R.P.]. The the bill, because it is bad policy on an Robert Thompson; Ortonville's Mayor David C.R.P. has enabled Minnesota to protect envi- emergency supplemental. It is also bad Ellingson and Clerk Administrator John Jen- ronmentally-sensitive land and has revitalized policy for agriculture. kins; and Beardsley's Mayor Glenn Burgess; the wildlife habitat in our region. Our amend- The Conservation Reserve Program Boyd's Mayor Gary Steinke and Clerk Karen ment would maintain C.R.P. enrollment at the helps habitat, it helps the environ- Schmitt; Clara City Mayor Todd Prekker; current level and allow farmers and land- ment, it helps agriculture, it does all of Maynard's Mayor Richard Groothuis; and owners to continue to take advantage of this those things for the good of the Nation. Odessa's Mayor Donald Teske, along with nu- popular, efficient, conservation program. The program has been fairly distrib- merous county commissioners and emergency I urge my colleagues to recognize the ur- uted. I am happy to work with the gen- management officials, are just a few of the gency of our situation in Minnesota and allow tleman from New York [Mr. WALSH] many community leaders who showed remark- the House to come to the aid of the flood vic- and anybody else to get the Depart- able courage and perseverance when their tims in the Midwest immediately. The passage ment of Agriculture to enroll acres communities were under crisis. of this bill will enable local governments to that are properly to be enrolled, highly The Federal Government worked together continue to help the people in their flood-rav- erodible acreage. with these officials as well. When our region aged communities put their lives back to- So I will offer this point of order with was devastated with drastic winter storms, gether. the gentleman from Oregon [Mr. Federal employees from the Federal Emer- Mr. LIVINGSTON. Mr. Chairman, I SMITH] today, and I urge the support of gency Management Agency [FEMA] were on reserve the balance of my time. my colleagues. hand to assess the damage of our public Mr. OBEY. Mr. Chairman, I yield my- Mr. OBEY. Mr. Chairman, I yield 11⁄2 roads, buildings, and utilities. Other employees self 30 seconds. I am in a similar posi- minutes to the gentleman from Min- worked efficiently to open roads after unprece- tion as the gentleman from Louisiana nesota [Mr. MINGE]. dented winter snowfall. During the flooding of [Mr. LIVINGSTON]. I had seven Members (Mr. MINGE asked and was given per- the Minnesota and Red Rivers, FEMA employ- who desperately wanted to speak, none mission to revise and extend his re- ees were immediately disseminating informa- of whom are now here. marks.) tion and helping flood victims get back on their Mr. Chairman, I yield 2 minutes to Mr. MINGE. Mr. Chairman, I rise to feet. I even heard from several of our local the distinguished gentleman from Ari- support the bill that is under consider- county officials that FEMA responded so zona [Mr. PASTOR]. ation and the Thune amendment. The quickly, local officials had to speed up their (Mr. PASTOR asked and was given area of Minnesota which I represent is assessment of the damage so that the Federal permission to revise and extend his re- one of the hardest hit by this spring’s employees could proceed with their response. marks.) flooding. The work, the spirit of the These are but a few examples of good gov- Mr. PASTOR. Mr. Chairman, first of local officials, the residents, the volun- ernment and cooperation we have witnessed all, I would like to congratulate the teers, State and local officers, and oth- throughout this disaster. City mayors to local chairman and the ranking member for ers have prevailed in our area’s recov- emergency teams, to county and State rep- bringing this bill to the House so we ery. This is a tribute to all of this hard resentatives, to Federal officials have dem- can help and assist the flood victims work. onstrated that government can be effective. and also provide more financial aid to I also wish to signal my support for I am pleased that the Speaker recognized the troops in Bosnia. the Smith point of order that would the extent of the damage in our area and There are two issues that I would strike the limitation on the Conserva- vowed his assistance. According to Minnesota like the House Members support. One tion Reserve Program. This is an im- Gov. Arne Carlson's office, the Speaker has issue deals with WIC. As you know, it portant program for our country. It promised Minnesota Federal reimbursement should be the objective of this House to ought to be allowed to move ahead as aid at 90 percent when that level is accorded fully fund WIC. In my former political the U.S. Department of Agriculture is to the States of North Dakota and South Da- life as a county board supervisor and implementing it. kota. This would allow the Federal Govern- being in charge of an indigent hospital, I rise today to commend the community ment to cover 90 percent of the costs while we would see that women who came in leaders, volunteers, and public servants of the State and local governments would be re- and were enrolled in the WIC Program flood ravaged communities along the Min- sponsible for 10 percent. Minnesota's counties delivered children that were healthy nesota River. The flooded communities in my who were ravaged by the unprecedented and probably the children would have a district will begin to put their lives back to- floods should not be excluded from this reim- better life of quality, where women gether with the passage of the fiscal year bursement ratio that recognizes the severity of who were not enrolled in the WIC Pro- 1997 emergency supplemental appropriations the damage, and I commend the Speaker for gram delivered a low-weight baby and bill before the House today. lending his support to Minnesota. we found the children would experience From treacherous November windstorms, to I would also like to voice my strong support problems. unprecedented January snowstorms, to the for the inclusion of Community Development b flood of the century, Minnesota weather has Block Grants [CDBG's] in the supplemental 1330 certainly tested our wills. Cleanup and recov- appropriations bill. After consultations with the So it makes good sense to support ery efforts from the floods have just begun. I FEMA and local officials in Minnesota, I agree WIC because it is humane and also it have held numerous town meetings in flood- that CDBG's will effectively serve flood victims will save costs in the future. H2712 CONGRESSIONAL RECORD — HOUSE May 15, 1997 The second issue that I would ask troops, that we pay for the devastation, This money will be available nationwide to all support for deals with the Diaz-Balart- but that we offset it within the exist- qualified applicants. The EWP provides for the Meek amendment, and this is to extend ing budget. We have done that in this restoration of creeks and rivers that were the social services that will be denied bill. clogged by downed trees and other storm de- to legal immigrants. Mr. LEWIS of California. Mr. Chair- bris. I have had many constituents contact me What is happening today, Mr. Speak- man, will the gentleman yield? by phone, letter, and in person about the need er, is that legal immigrants, people Mr. LIVINGSTON. I yield to the gen- to clear our rivers now in order to prevent who have lived in this country for tleman from California. flooding later. The greater the potential for many years, have raised their children, Mr. LEWIS of California. Mr. Chair- flooding, the more likely the Federal Govern- have paid their taxes, and because of man, I appreciate the gentleman’s ment will be called upon to assist those whose the new welfare reform legislation, will yielding. homes, businesses, and crops are damaged be denied social services. I wanted to mention for the RECORD or destroyed by flood waters. Many legal immigrants today are re- that there are a number of colleagues The Seventh District faces another threat ceiving notices that they will no longer who will have colloquies with myself H.R. 1469 seeks to address: economic disas- receive social services due to their sta- regarding some items on the emer- ter. North Carolina's economy continues to tus of not being citizens. That is caus- gency side of this bill. There are some suffer after Hurricanes Fran and Bertha. Fran ing a lot of problems, especially to the complicated difficulties we are having damaged 891 nonagricultural businesses with elderly; people who are in nursing on housing programs. I want my col- $50 million in repairs still needed. Our agricul- homes, people who need the assistance leagues to know that we are very tural and timber industries were nearly over- of food stamps because they are not aware of those circumstances and plan whelmed by $2 billion in damages. It makes making enough on their pensions, and to work with our colleagues. good sense that one of the highest priorities of also young people will be affected. In view of the fact that many were North Carolina's economic recovery plan is So I would ask the Members to sup- not able to be here at this moment, I support for the Economic Development Admin- port the Meek amendment. All it does would suggest that the gentleman has istration's efforts to assist our communities. is extend the services until the end of done fabulous work on this bill, I con- Finally, I thank the entire North Carolina the fiscal year so that the people will gratulate him for his efforts, and cer- congressional delegation for working together continue to receive services and, once tainly those people facing disasters to make sure that this bill addresses many of we pass the budget, hopefully all those across the country owe him a good deal the unmet high-priority needs in my State. In services will be restored to the legal of gratitude. the House, Congressmen, HEFNER, PRICE, and immigrants. Mr. LIVINGSTON. Well, Mr. Chair- TAYLOR along with my other colleagues Mr. OBEY. Mr. Chairman, I yield man, I thank the gentleman. I want to worked to ensure that North Carolina's unmet back the balance of my time. say this is a bipartisan bill. We have Mr. LIVINGSTON. Mr. Chairman, I needs were addressed in this legislation. I gotten this far in joint agreement be- yield myself the balance of my time. also want to thank our State's Senators, who I would just take a minute to say cause Members across this House of have been instrumental in coordinating our ef- that this is an important bill. The Representatives, working in tandem forts to support these important components. I President initially requested about $2 with the other body, have decided that urge my colleagues to support H.R. 1469. billion for disaster relief for people these items must be paid for, and yet Mr. PAUL. Mr. Chairman, I rise in opposition devastated in California and various we have also joined forces to make sure to the automatic continuing resolution amend- other States, and then the incredible that we find the budget authority with- ment to H.R. 1469, the so-called Supple- flooding of the Dakotas and Minnesota in our previously appropriated items to mental Appropriations for Fiscal Year 1997. occurred in the interim. All of these offset the increased costs. Nestled within all the rhetoric and debate people, not only in those States I have So right now there are no additional surrounding H.R. 1469, the Supplemental Ap- mentioned, but all told in some 35 costs to the U.S. taxpayer for what is propriations for Fiscal Year 1997, is an States, have suffered the ill effects of spent in this bill. I think that makes it amendment offered to fund national govern- terrible weather and the tremendous a reasonable bill, a bill that meets the ment operations throughout Fiscal Year 1998. adversity of nature. demands of the American people and a Funding that is, at 100 percent of the current Unfortunately, in recent years, the bill that should be passed with as few level of overspending. This amendment abdi- American taxpayer has become the in- amendments as absolutely possible. cates the responsibility of Congress to legis- surer of last resort. So it seems that I do hope that we can get this bill late and appropriate; that for which Congress year after year we have to come up passed without undue political wran- was elected by citizens of this country. Rather with these supplemental appropria- gling, that we can put it on the Presi- than accepting the responsibility and cor- tions bills to deal with this devasta- dent’s desk and that we can get his sig- responding accountability to constituents for tion. We are happy to do that. We want nature within the next few days, cer- voting in favor of or against particular appro- to make sure that we try to repair tainly before we leave on the Memorial priations, this amendment allows Congress, in some of the damage. There is no way Day recess. In fact, I would encourage the name of strategizing against the President on God’s green Earth we will be able to all of our Members on both sides of the and averting blame for a government shut- repair all of the damage but, at the aisle and the leadership to make sure down, to approve in an autopilot-type ap- same time, we owe the taxpayer the re- they do everything possible to assure proach, Federal spending through the end of sponsibility to make sure that the that this bill becomes law before the fiscal year 1998. money is spent wisely; that it is not Memorial Day recess. This strategy sets a dangerous precedent of wasted; that it is simply not just Mr. MCINTYRE. Mr. Chairman, I rise today bypassing the constitutional checks on govern- thrown at the problem. to announce my support for H.R. 1469, the mental powers by minimizing the separate In addition to the disaster relief, supplemental appropriations bill for fiscal year roles of the executive and legislative President Clinton, of course, has de- 1997. Included in this bill are several compo- branches. Rather than a Presidential veto on tailed troops to Bosnia and to Haiti nents, which, if enacted, would greatly assist congressional appropriationsÐthus demanding and other places throughout the world the residents of southeastern North Carolina in a new consensus between the Congress and and those expeditions have exceeded their further recovery from last year's hurri- the ExecutiveÐthe veto power of the Presi- their budget and have exceeded the cane. The night of September 6, 1996, the dent becomes merely the power to continue money previously appropriated to the district that I represent, North Carolina's Sev- funding at a level already burgeoning with Defense Department, and so we have to enth, was battered by hurricane Fran. Less spending on constitutionally suspect programs. pay for those ventures. Unless we, at than 2 days later, my entire district was de- Once again, Congress grants to the executive some point, pull our troops out of those clared a disaster area by the President. Yet, branch, powers never intended by the Con- places, that expense goes on from day we were ready to rebuild our lives and repair stitution. to day. We cannot simply tell our our environment. The amendment also introduces a dan- troops to go out and do the job, but we That is why the $150,700,000 appropriated gerous ratchet-up feature in Federal Govern- will not pay for it. in this bill for the Emergency Watershed Pro- ment spending. For should this precedent be So it is important, I think, that we gram [EWP] is so important to the fine people later followed and should Congress ever de- pass this bill, that we pay for the who live, work, and vacation in North Carolina. cide to make amends for its habit of spending May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2713 beyond its means, the Presidential veto power Mr. DAN SCHAEFER of Colorado. Mr. Mr. Chairman, I am proud of the contribution then becomes a tool by which the President Chairman, I rise today to express concern made to this bill by the Subcommittee on En- can ignore the will of Congress absent a two- about one of the provisions contained in the ergy and Water Development. The Energy and thirds majority to override the veto. Recent bill we are considering today. It is a provision Water Development chapter is narrowly tar- history suggests that Congress is rather un- that most Members probably aren't even geted to address the urgent needs created by likely to decrease its spending and this cer- aware is in this bill. That is the redirecting of devastating flooding nationwide. Earlier in the tainly would be much more unlikely in the $11 million from the Strategic Petroleum Re- year, California and the Pacific Northwest event a two-thirds majority is required. serves operations account to help pay for were ravaged by the fury of uncontrollable For these reasons and others, I oppose ab- these programs. flood waters. Then nature trained her sights dication of congressional responsibility, putting I am extremely troubled by the irresponsible on the Ohio River Valley and the States of the Federal Government appropriation process way the administration and our appropriators America's South. And the devastation has on autopilot, and, therefore, approval of the continue to use our national energy emer- continued in the Great Plains, particularly automatic continuing resolution amendment to gency stockpile. North Dakota, where dramatic images of H.R. 1469. The Strategic Petroleum Reserve was cre- abandoned cities have reminded us all of the Ms. ESHOO. Mr. Chairman, included in the ated in the 1970's in response to the severe tremendous power of natural forces. energy shortage that plagued this Nation, fiscal year 1997 supplemental appropriation Mr. Chairman, the Energy and Water Devel- harming our productivity and our economy. bill which we are considering is language that opment chapter includes $585 million for the Since 1975, the Federal Government has makes available to the State of California, Corps of Engineers and $7.4 million for the emergency relief funding for the repair or re- spent over $200 billion building and filling a Bureau of Reclamation to begin the arduous construction of highway 1 at Devil's Slide in national oil reserve so Americans would never process of rebuilding flood control works for San Mateo County. again be held hostage by foreign governments the protection of communities nationwide. For decades the residents of San Mateo because of our reliance on imported petro- Funds are provided to repair Federal projects, County have dealt with the ongoing problem of leum. Devil's Slide. The current highway runs along In the 104th Congress, the first of three rebuild levees and perform emergency dredg- the coast and is prone to damage from budget raids were made on the Strategic Pe- ing across the country. Time and again, Amer- mudslides and vulnerable to long closures. An troleum Reserve, the first initiated by the Clin- icans have demonstrated their great resilience original proposal to construct a bypass road ton administration and the second and third by in the aftermath of natural disasters. This as- further inland ran into several problems, with Congress. When the first ever oil sale for non- sistance will help them rise to their feet once opposition from local residents concerned emergency purposes was made we were told more. about its impact. However, last year the peo- it would be a one-time sale that was only oc- To partially offset these emergency supple- ple of San Mateo County voted overwhelm- curring because the Reserve itself needed re- mental appropriations, the bill includes a re- ingly to endorse the building of a tunnel by- pairs. Unfortunately, two more sales were scission of $22.5 million from the energy sup- pass. made for other, we were assured, equally ply research and development account of the The tunnel alternative has the strong sup- worthwhile purposes. My Commerce Commit- Department of Energy. This rescission, port of local officials, business owners, the en- tee colleagues and I objected to each one of amounting to less than 1 percent of the $2.7 vironmental community, and residents. After a these sales. billion account, represents unanticipated carry- long and difficult process, we are ready to The United States is now more than 50 per- over balances brought forward into fiscal year move forward to solve this problem and pro- cent dependent on foreign oil to meet its daily 1997. vide reliable access to those who visit, live, energy needs. The Strategic Petroleum Re- Mr. Chairman, as one who has witnessed and drive in San Mateo County. serve is our first line of defense in an energy firsthand the devastating effects of rising flood- I congratulate Representatives LANTOS and emergency. During the Persian Gulf crisis, waters, I appreciate the importance of deliver- PELOSI for their hard, effective work that will President Bush announced oil from the Re- ing Federal assistance on a timely basis to allow us to finally move forward. serve would be sold, immediately calming oil communities in need. Accordingly, the Sub- Mr. PORTMAN. Mr. Chairman, I rise today markets and protecting Americans from short- committee on Energy and Water has kept this in strong support of the legislation that pro- ages and the economic effects of oil price chapter largely free of riders unrelated to vides supplemental funding for emergency spikes. emergency flooding. I hope that the House will flood assistance. Much of the massive flooding Unfortunately, if we continue to sell oil from follow the example of the subcommittee and from winter storms occurred in four counties in the reserve and use the proceeds from those pass this bill quickly and without the added Ohio that I represent. I personally visited these sales as we are today, the next time there is weight of extraneous material. We must make areas many times and have seen the devasta- an energy crisis, there will be no Reserve to every effort to accelerate the delivery of this tion firsthand. The damage is simply stagger- protect us. And all Americans, including those critical assistance. ing. who will benefit from this bill today will look to One of the great strengths of this sprawling Farmland in our area was affected severely Congress to ask what happened to the $200 and diverse Nation is its capacity to unify in by the floods. The legislation we are consider- billion Reserve they paid for to protect them times of disaster. This legislation provides re- ing today provides needed funds to restore from an energy emergency. lief to those who find themselves in dire need damaged agriculture. Especially important to I feel it is important to note this obscure pro- due to circumstances beyond their control. Ac- my district are the Emergency Conservation vision in the bill we are considering today, be- cordingly, I urge all of my colleagues to sup- Program, which provides cost-sharing assist- cause I know in a few short months the Inte- port this vital measure. ance to farmers whose farmland was dam- rior Appropriations Committee will begin to aged as the result of flooding; the Conserva- work on a bill to pay for operating and main- Mr. MURTHA. Mr. Chairman, the House tion Reserve Program, which provides mean- taining the Reserve another year. And I know was wise to prohibit yesterday's recommenda- ingful benefits for watershed-based ap- that the Strategic Petroleum Reserve will tion of the Rules Committee which was to con- proaches that achieve environmental benefits again be lower on their list of priorities than it sider the Gilman amendment setting a dateÐ such as water quality, flood control, wetlands should be. I hope that no more oil sales are certain for withdrawing United States ground conservation and wildlife habitat; and the Nat- proposed, but if they are I plan on again op- troops from Bosnia. I sympathize with those ural Resources Conservation Program, for posing such a sale. There is not enough oil in who demand closer and more comprehensive emergency watershed and flood prevention the Reserve to pay for every worthwhile pro- consultation with Congress before major com- operations to repair damage to waterways and gram that comes along and if we don't stop mitments of U.S. military power are made. We watersheds resulting from flooding. these oil sales soon, there won't be enough oil are elected by the people to represent their in- Funding is also provided in this legislation in the Reserve to protect Americans from an- terests. We control the purse strings. We have for the Federal Emergency Management other energy crisis. a constitutional role in participating in such im- Agency [FEMA]; for repair of transportation Mr. MCDADE. Mr. Chairman, I rise in strong portant decisions. systems; for hazard mitigation, infrastructure support of H.R. 1469, the emergency supple- The issue of prior congressional consulta- and to rebuild levees; and to rebuild other mental appropriations bill for fiscal year 1997. tion and approval of military action has been flood control works and highways that were This legislation is necessary to deliver much of long-standing controversy between Con- damaged by floods. needed relief to victims of natural disasters gress and the President. Democratic Con- I join with my colleagues today in support of and to ensure our military preparedness gresses have had issues with Republican this needed emergency disaster assistance through the replenishment of critical defense Presidents, Democratic Congresses have had legislation. accounts. disagreements with Democratic Presidents, H2714 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and now the Republican Congress is demand- troops on the ground in completing their mis- know their mission and they have been suc- ing prior approval of military activity from a sion. And that is where I have a major prob- cessful in carrying that mission out. If in June Democratic President. lem with the gentlemen's amendment. 1998 we see that things have changed, we This issue needs a careful and thorough air- I have had hours of conversations with our may want to consider legislating a withdrawal ing. It ought to be done in the proper forum senior commanders in the field. And the one if it is necessary. But there is simply no over- with considerable thought. I would urge the thing they have told me in no uncertain terms riding need to do it now when we might have authorizing committees to proceed with such a is, ``give us the flexibility to do the job you the unintended consequence of jeopardizing process. want us to do.'' the safety of our own personnel. But having said that, we must also recog- They are experts on the law of unintended SERBIA AND CROATIA nize that we are talking about affecting an on- consequence, and I can tell you, they think going, major operation on the ground in which that legislating a date certain for withdrawal is There are many other ramifications of this over 8,500 U.S. troops and hundreds of other a big mistake that might actually affect the amendment as well. We have potentially vola- personnel are doing an important job in a very safety of our personnel. They say, set a goal tile situations in Serbia and Croatia. Leader- dangerous place. for withdrawal, but give us the flexibility and ship in both countries is aging and there are This is not just an academic, inside-the-belt- the discretion to manage it according to our serious signs of unrest in Serbia. The symbol way exercise about the role of Congress ver- best professional judgment. That is what we of abandonment that this amendment sends sus the President. The Bosnia operation is a should do. could bolster the extreme elements inside major commitment of United States prestige, Let me give you one example of how things those countries who are more interested in power, money, and most importantly, people. might go wrong under the requirements of this continued ethnic fighting than in building their It involves commitments to our most impor- amendment. One of the best means our troop countries. tant international allianceÐNATO. have of keeping the peace and deterring at- Mr. Chairman, America's effort to bring It involves the most serious outbreak of vio- tacks from rogue elements is the promise that peace and stability to Bosnia and the Balkans lence in the European theater since World has come at a high cost. But we must recog- War II. retaliation against any attackers will be swift, nize the responsibility our country has around It threatens to ignite a regional conflict pos- sudden, overwhelming, and deadly. We have sibly involving Greece and Turkey. the biggest stick and the meanest dog on the the world and we must recognize how much It has attracted dangerous elements from block. Let's say some extremist group hasn't other people around the world have come to Iran and other places seeking to exploit terror- read every caveat of this amendment. Instead depend on us. This amendment sends the ism. they miscalculate and think that since Con- wrong signal. It is a signal of abandonment, Bosnia seems like a far off place to most gress has mandated that all troops be gone rather than engagement to attain a lasting Americans. But as history shows, the Balkans from Bosnia by a certain date, they could at- peace. have been a flash point of major global events tack our personnel near this date with little Mrs. MINK of Hawaii. Mr. Chairman, I rise in for centuries. One should not forget that the chance of retaliation. Now I am sure that we strong support of the Kaptur amendment to border of Bosnia is only 105 miles from the would swiftly retaliate, but little good for the H.R. 1469, the supplemental appropriations border of Austria, 175 miles from the border of people who suffer the initial attack. Congress bill for fiscal year 1997, to add $76 million for Greece, and 102 miles from the shores of should do nothing that might encourage these the special supplemental food program for Italy. History teaches us that sticking our head kinds of actions. women, infants and children [WIC]. Failure to in the sand and letting a conflagration go There are scores of other scenarios that approve this amendment would force States to unabated this close to the heart of Europe is might develop ranging from bad weather to cut the number of those receiving WIC by playing with fire. terrorist threats to unknown political events 180,000 women, infants, and children. that might necessitate deviations to the basic And make no mistake about it, the reason The $76 million supplemental request sub- operation. I believe our military leaders de- that the fragile peace in Bosnia has been mitted by President Clinton and his administra- serve the flexibility to deal with them. achieved is due to one reason and one reason tion was cut in half by the Appropriations That is what General Shalikashvili and Sec- onlyÐthe leadership of the United States of Committee to $38 million. This drastic cut America. retary Cohen are saying as well. Here is what would have pushed 180,000 women, infants, The U.S. military in particular has imple- they say about legislating a withdrawal date in and children out of the WIC program. mented its peace enforcement mission with a May 13 letter to the House leadership: skill and courage. They came into a situation A fixed withdrawal date will constrict U.S. My State of Hawaii would suffer greatly if and controlled a situation that many thought commanders’ flexibility, encourage our oppo- these funds are not restored. It would mean hopeless. nents and undermine the important psycho- that 9,300 individuals, one-third of the case- They have shown strength. logical advantage U.S. troops enjoy. Our load, would be refused food at a time when They have shown compassion. forces must be able to proceed with a mini- good nutrition is critical for healthy babies. They have shown competence and integrity. mum of risk to U.S. personnel: legislating WIC provides essential food and nutrition to They have earned respect from all parties. their redeployment schedule would com- pletely change the dynamic on the ground our low-income prenatal, postpartum, and And once again they have demonstrated and could undercut troop safety. nursing women, infants, and children. Poor nu- clearly why they are the best in the world. trition causes low-birthweight babies and neu- You can't say it any more clearly than that. I have been to Bosnia six different times in ral and other physical underdevelopment, I think we should heed the professional advice the last 6 years. The change in this country which seriously impairs the child's later of our military leaders. over this period has been simply remarkable. growth. At the critical, early stages in a child's I have seen the country at the beginning of SOMALIA life, WIC provides nutrition that assures the war, during the period that UNPROFOR Proponents of this amendment say that we healthy physical and mental development. tried to control it, during the period that the should accept this amendment because it is The WIC program, in its support of nutrition U.S.-led IFOR force was deployed, and now patterned after the Somalia amendment we risk assessments, special vouchers and food we have the SFOR force. Americans broke passed some years ago. Somalia was a com- packages, has been shown to work. Its suc- the 4-year long cycle of violence in this coun- pletely different situation. President Bush went cesses have been lauded by medical profes- try and established a fragile peace when oth- into Somalia without a blue print. Our forces sionals, social workers, State and local gov- ers had given up. had a murky and undefined mission in Soma- ernments, and millions of mothers whom WIC Bosnia has become an important symbol of lia. There was no goal for withdrawal. There has helped. American leadership and support for peace was mission creep. There was an ill-defined around the world. What we do or don't do chain of command. In the case of Somalia, as WIC represents one of the best early invest- here will have worldwide implications. more or less a last resort, Congress set the ments toward a good future for America's poor So we can't consider this amendment in the withdrawal date for the Administration, and it children. I strongly urge my colleagues to sup- abstract. We must consider the broader impli- was justified. port this important and necessary amendment cations. The Bosnia situation is wholly different. to restore full funding to WIC. SAFETY OF THE TROOPS There is a blue print in the form of the Dayton Mr. SABO. Mr. Chairman, this supplemental Foremost in our minds must be how legislat- agreement. The President has a plan and a appropriations bill is very important to the ing a specific withdrawal date will affect our timetable that we know about. Our forces thousands of people in Minnesota and May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2715 the Dakotas who have had their lives turned only in the order printed in the report, Page 5, line 15, after the dollar amount, in- upside down by an unprecedented flood this may be offered only by a Member des- sert the following: ‘‘(increased by spring. ignated in the report, shall be consid- $38,000,000)’’. As the only member of the Appropriations ered read, shall be debatable for the Page 35, after line 25, insert the following: Committee from these three States, I have a time specified in the report equally di- INDEPENDENT AGENCIES very strong interest in moving this legislation vided and controlled by the proponent quickly. I am pleased that the Appropriations and an opponent, shall not be subject NATIONAL AERONAUTICS AND SPACE Committee responded to the region's needs to amendment and shall not be subject ADMINISTRATION to a demand for division of the ques- by adding an extra $200 million to earlier re- NATIONAL AERONAUTICAL FACILITIES quests for funding. But that action was taken tion. before we knew the full cost of this disaster. During consideration of the bill for (RESCISSION) I had the opportunity to tour the flood-rav- further amendment, the Chair may ac- Of the funds made available under this aged areas recently with Majority Leader cord priority in recognition to a Mem- heading in the Departments of Veterans Af- ARMEY, Congressman POMEROY of North Da- ber offering an amendment that he has fairs and Housing and Urban Development, kota, and several other Members, and we printed in the designated place in the and Independent Agencies Appropriations were all astounded by the devastation. Since CONGRESSIONAL RECORD. Those amend- Act, 1995 (Pub. L. 103–327), $38,000,000 is re- that time we have heard that preliminary dam- ments will be considered read. scinded. age estimates for Minnesota alone are likely to The Chairman of the Committee of The CHAIRMAN. Pursuant to House exceed $1 billion. the Whole may postpone until a time Resolution 149, the gentleman from The Senate has responded by providing during further consideration in the Wisconsin [Mr. OBEY] and a Member $500 million in CDBG funds in its flood relief Committee of the Whole a request for a opposed, the gentleman from New Mex- bill. Today, I urge my House colleagues to recorded vote on any amendment and ico [Mr. SKEEN], each will control 15 support an amendment that will provide the may reduce to not less than 5 minutes minutes. same level in the House bill. the time for voting by electronic de- The flood assistance in this bill will help vice on any postponed question that The Chair recognizes the gentleman families, individuals, businesses, and local immediately follows another vote by from Wisconsin [Mr. OBEY]. governments that have suffered losses, and electronic device without intervening Mr. OBEY. Mr. Chairman, I yield my- business provided that the time for will also pay for flood prevention and control self 21⁄2 minutes. efforts. The aidÐcombined with the persist- voting by electronic device on the first ence, creativity, and heroic spirit we have al- in any series of questions shall not be Mr. Chairman, let me simply say I ready seen from area citizensÐwill go a long less than 15 minutes. am offering this amendment on behalf way toward getting the region back on its feet. It is now in order to consider amend- of the gentlewoman from Ohio [Ms. Additionally, we have the chance today to ment No. 1 printed in the House Report KAPTUR] and I very much appreciate remedy the problems we created for legal im- 105–97. the cooperation that we have had from migrants in last year's welfare bill. Congress- Mr. OBEY. Mr. Chairman, I make the a number of people on both sides of the woman CARRIE MEEK is offering an amend- point of order that a quorum is not aisle on the amendment. ment to delay these problems until a more present. Basically the situation is this: The permanent solution can be effected. I urge my The CHAIRMAN. A quorum is not administration indicated that based on colleagues to do what's right and support our present. numbers it was receiving from the var- efforts to restore fairness for legal immigrants. The Chair announces that pursuant ious States around the country, that As you know, Mr. Chairman, the new wel- to clause 2, rule XXIII, he will vacate there would be a shortfall of approxi- fare law, will deny legal immigrants supple- proceedings under the call when a mately $100 million in the WIC pro- mental security income [SSI], food stamps, quorum of the Committee appears. gram, which would necessitate knock- and Medicaid benefits starting in August of Members will record their presence ing a large number of women and chil- this year. Many of the people affected by the by electronic device. dren off the rolls. When they were new law are elderly people who have lived in The call was taken by electronic de- asked to rescrub those numbers, they this country, worked hard, and paid taxes for vice. came back with a hard estimate that many years. many of these people came here they would need about $76 million. The b to escape political or religious persecution. 1350 committee chose to refuse to fully fund The new law is unduly harsh on these peo- QUORUM CALL VACATED the administration request. The in- ple, and the States, localities, and private The CHAIRMAN. One hundred Mem- stead provided $38 million. charities have not had nearly enough time to bers have responded. A quorum of the Since that time, a number of us have find ways to soften the blow. In my State of Committee of the Whole is present. been trying to get that number up to Minnesota alone, the new law will deny food Pursuant to clause 2, rule XXIII, fur- the number estimated by the States as stamps to 16,000 legal immigrants, supple- ther proceedings under the call shall be being necessary in order to prevent mental security income to 5,400 elderly and considered as vacated. people from being knocked off the disabled legal immigrants, and Medicaid cov- The Committee will resume its busi- rolls. That means that we are asking erage to 470 immigrants. Nationally, millions ness. today to provide an additional $38 mil- more will be hurt by these changes. The CHAIRMAN. It is now in order to lion above the amount provided by the I urge my colleagues to support the flood re- consider amendment No. 1 printed in committee. Very simply, without this lief efforts in this bill which are so important to House Report 105–97. action, unless the administration goes my State and region. I also urge that we begin AMENDMENT NO. 1 OFFERED BY MR. OBEY through elaborate actions that would to restore fairness to legal immigrants that in fact shortchange other important was unwisely taken away in last year's welfare Mr. OBEY. Mr. Chairman, I offer an programs to rural America, the fact is legislation. amendment. Mr. LIVINGSTON. Mr. Chairman, I The CHAIRMAN. The Chair would in- that some 180,000 women and children yield back the balance of my time. quire if the gentleman from Wisconsin would be knocked off the payroll. The CHAIRMAN. All time for general is the designee of the gentlewoman When we offered this amendment, we debate has expired. from Ohio [Ms. KAPTUR]. were at first told that our numbers Pursuant to the rule, an amendment Mr. OBEY. That is correct, Mr. were disingenuous and that we knew it. striking lines 8 through 17 on page 24 is Chairman. The fact is these are not our numbers. adopted. Before consideration of any The CHAIRMAN. The Clerk will des- These are the numbers which to the other amendment, it shall be in order ignate the amendment. best of our knowledge are accurate to consider the amendments printed in The text of the amendment is as fol- based upon estimates that we received House Report 105–97. Each amendment lows: from the various States around the printed in the report may be considered Amendment No. 1 offered by Mr. OBEY: country. I would point out that most of H2716 CONGRESSIONAL RECORD — HOUSE May 15, 1997 the States who would suffer the short- the Department of Agriculture, did an generations, have all had to take re- falls if this funding is not provided are audit of the Food and Consumer Serv- ductions because of our interest in as- States being run by Republican Gov- ices Agency that administers these suring healthy children. ernors. They have not handled this in a food programs in the Government. It In spite of that we must maintain a partisan fashion. I do not think we found that $13 billion, one-third out of balance of all these programs. Instead, should, either. $39 billion appropriated, could not be the ugliness of grandstanding and dem- It seems to me that the question is located. That is the inefficiency that agoguery have crept into the WIC Pro- very simple. If Members want to make exists, and I urge opposition to this gram this year. This has never hap- the early investments that are nec- amendment. pened before and my committee has essary to protect the health of preg- Mr. OBEY. Mr. Chairman, I yield 11⁄2 held hearings on WIC and deeply ana- nant mothers and their young children, minutes to the gentlewoman from Ohio lyzed the President’s WIC request. We they will support this amendment. If [Ms. KAPTUR]. find no basis for an increase except they do not, they will oppose it. I Ms. KAPTUR. Mr. Chairman, I thank malfeasance. would urge support for the amendment. the gentleman from Wisconsin for I personally believe that the States Mr. SKEEN. Mr. Chairman, I yield yielding this time to me, and I would have more than enough money to carry 21⁄2 minutes to the gentleman from say to my colleague on the committee the existing caseload for the rest of the Washington [Mr. NETHERCUTT]. that, yes, we do have questions about year, but in a very concerted political Mr. NETHERCUTT. I thank the dis- this program, the most important move to show who loves children more, tinguished chairman of the Sub- question being will we maintain the we have State WIC directors telling committee on Agriculture, Rural De- people on the program who are already misleading stories of how people will velopment, Food and Drug Administra- on it in this fiscal year? And the De- be released from the WIC rolls. I am tion, and Related Agencies for yielding partment of Agriculture has given us disappointed WIC is being used this me this time. excellent numbers; they have surveyed way. Mr. Chairman, I appreciate the re- every Governor. States like California, If there is a shortfall and people are marks of the ranking minority member without these funds, will be cutting let off the rolls, then either the USDA of the Committee on Appropriations as thousands of recipients. California personnel or State WIC directors it relates to wanting to help children. alone needs over $26 million just to should be investigated for malfeasance. Republicans want that as deeply as complete this fiscal year. The appropriations bill for WIC was Democrats do. There should be no dis- So we know what the challenge is. In passed last August containing $3.7 bil- pute about that. the amendment, the $38 million that is lion which is $1.8 billion more than However, I think we also, Democrat 1989. The Department and the States and Republican, should expect effi- provided out of this major, major emer- gency appropriations bill will merely had more than ample time to figure ciency. We should demand efficiency. out how to manage their funds for the As I hear the ranking minority mem- keep current beneficiaries on the pro- gram, pregnant women, low-birth year. If my colleagues currently be- ber of the Committee on Appropria- lieves USDA, which I do not, States weight babies and young children. That tions talk about numbers, numbers will run out of money or put people off is the purpose of this. Without the changing, the best estimate of our the WIC Program before the end of the amendment States will have to cut numbers, the best knowledge of num- year. Why? Only because of malfea- over 180,000 current beneficiaries from bers of people needing WIC is uncer- sance or incompetence on the part of the program. tain, Mr. Chairman. That is what trou- the managers of the program. So it is somewhat disingenuous to bles me about this desire of the spon- WIC is now a $3.7 billion program. Al- say that we do not believe the num- sors of this amendment to add more most $1 billion more than 25 percent money to more money that has already bers, because in fact the U.S. Depart- goes for management and overhead. been added, to more money that is car- ment of Agriculture in April, this This not about protecting children; ried over, $100 million carried over in a April, surveyed the various States. this is about protecting a large and I only have a minute and a half so I $3.7 billion annual program, in addition rapidly growing bureaucracy. to the $50 million that is available cannot yield to the gentleman, but I Every month I get a check and I through the Secretary of Agriculture wanted to clarify what the prior speak- must manage it for the month. If I do in the fund for rural America. er had said. I want to urge my col- not, I bounce checks and am held ac- My point is this: We owe our con- leagues to pass the Kaptur-Riggs-Rou- countable. WIC should operate in the stituents, all of us, efficiency. I would kema-Roemer-Quinn amendment, and I same manner, and someone should be expect, and I would expect there to be want to thank the gentlewoman from held accountable, and if the States are a commitment on the part of both the New Jersey [Mrs. ROUKEMA] very much unable to manage their funds with as Democrat leaders and Republican lead- for her leadership on this, not just this much advanced notice as they had, ers, if we do not know the numbers, if year but in prior years. I think her then we in Congress should hold them we are speculating, and I believe we commitment is clear. We know that accountable. In the real world, banks are, we ought to have a study that can this prevents sick children from being are not held responsible for their cli- be done in 2 or 3 months, signed, sealed admitted to hospital rooms across this ents’ incompetence. and delivered. Let us find out what the country. Simply put, if every private citizen numbers are. But let us not gamble Mr. SKEEN. Mr. Chairman, I yield in America must live within their with the taxpayers’ money at this time myself 2 minutes. budgets, then this program should also. when we are adding an additional $38 Mr. Chairman, as chairman of the We cannot allow incompetence to be million. Subcommittee on Agriculture, Rural rewarded with a raise, and so my col- Development, Food and Drug Adminis- b leagues have a choice. Vote for the 1400 tration, and Related Agencies, I have committee’s fact-based recommenda- Should we not feel that that is ade- always supported our numerous feeding tion or vote out of fear for an increase. quate? And the gentlewoman from Ohio programs. In fact, there are 26 different Mr. OBEY. Mr. Chairman, I yield 11⁄2 [Ms. KAPTUR], one of the sponsors of feeding programs funded by the Federal minutes to the gentlewoman from New this amendment, has testified in our Government. I sincerely believe there Jersey [Mrs. ROUKEMA]. Subcommittee on Agriculture, Rural is no need for anyone in the United (Mrs. ROUKEMA asked and was Development, Food and Drug Adminis- States to go hungry. given permission to revise and extend tration, and Related Agencies that she I can tell my colleagues that our her remarks.) has some concerns about the adequacy committee has funded the WIC Pro- Mrs. ROUKEMA. Mr. Chairman I, am and accuracy of the program and the gram as our No. 1 priority. All other certainly happy to be here with the numbers. One final point, and no, I do programs in our bill have suffered be- gentlewoman from Ohio [Ms. KAPTUR] not have time, I say to the gentle- cause of our emphasis on WIC. The Na- and the gentleman from California [Mr. woman from Ohio [Ms. KAPTUR]. tion’s research needs, low-income hous- RIGGS] because they have provided Mr. Chairman, one final point. In 1995 ing for the poor, conservation pro- wonderful leadership in helping us to and 1996, the Inspector General, with grams that protect our lands for future get this issue resolved. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2717 Mr. Chairman, I wish we did not have community, the women who are trying would be approximately 7.4 million to be here today. This should not be a to move from welfare to work, who children or people. partisan issue. This is about funding need more day care, who need more Now the question is how will that poor children who need food in their transportation moneys, and I am con- number change if we put another $36 mouths, and I must say to my col- fronted by the limitations on the million in there, run up to $76 million, league from New Mexico this is about amount of money we have. and again the USDA, which my col- taking food out of the mouths of little Please do not let us fund a program leagues keep quoting, and I respect- babies and 183,000 of those children who that already has excessive funds, that fully disagree with the numbers; I have genuinely qualify. has a backup, and turn our backs on got them right here from the USDA. Mr. Chairman, it is not about prof- the real needs and the questions that They say the participation level will ligate government spending. The WIC are put to us every week. Not one per- not increase from 7.4. Program is a program that works and son has asked me for more WIC funds, So we are not talking taking children in the longer term actually saves but thousands of people have asked me off. money. For every dollar we use in this to find the money for the programs Mr. OBEY. Mr. Chairman, I yield my- program, there are untold returns not that are truly needed every day. self 15 seconds. only in Medicaid savings but in the This is not free money. This money Mr. Chairman, the gentleman refuses productive lives and healthy lives of comes from taxpayers across this coun- to be unconfused by the facts. The fact is if we are wrong, all that happens is children, and that cannot possibly be try who wrote a check and on April 15 we can appropriate less money next measured in dollars and cents. got in their cars and drove to the post Mr. Chairman, I do not know who office and paid money out of their year. If you are wrong, 150,000 kids are was saying that we are pulling for effi- hard-earned income to fund our nec- going to get hurt. Mr. Chairman, I yield 11⁄2 minutes to ciency here. I am saying I do not know essary programs. Please do not put this the gentleman from Indiana [Mr. ROE- what they mean by efficiency, but I use money in a program where it is MER]. the old adage ‘‘Let’s not be penny-wise unneeded, where there are excessive Mr. ROEMER. Mr. Chairman, I thank and pound-foolish.’’ Every current re- funds now, where there is a reserve to the gentleman for yielding this time to search, up-to-date research, dem- draw on, and fail to address and leave me, and I want to salute the gentle- onstrates the returns to society on the ourselves the opportunity to fund the woman from Ohio [Ms. KAPTUR] and health of children when those invest- programs that are really most needed the gentlewoman from New Jersey ments are made in the early years of today. [Mrs. ROUKEMA] and all the Democrats Mr. OBEY. Mr. Chairman I yield my- life such as the WIC Program gets. and Republicans that have voted and So I must also remind my colleagues, self 10 seconds. supported this program in the past and and I am as fiscally conservative, if not Mr. Chairman, there is a very big dif- urge them to support it in the future. more so, than many of my colleagues, ference between carryover funds and This is a bipartisan program that if my before it became popular, before it be- surplus funds. There are no surplus colleagues are for families first and came popular, and I must say it is funds in the WIC Program. balancing the budget this returns $3.54 budget neutral and we should support Mr. Chairman, I yield 30 seconds to for every dollar we invest. the gentlewoman from Ohio [Ms. KAP- it. Now I am getting tired of hearing the TUR] to explain why. Mr. SKEEN. Mr. Chairman, I yield 3 arguments that we have $100 million Ms. KAPTUR. Mr. Chairman, the minutes to the gentlewoman from Ken- sitting around that is going to be wast- WIC Program is structured in such a tucky [Mrs. NORTHUP]. ed or going to be thrown around in this Mrs. NORTHUP. Mr. Chairman, I rise way to allow approximately 2 percent program that is some kind of supple- in opposition to this amendment. I of total funding to be carried over from mental or reserve fund. It is coming know personally how important the one fiscal year to the next fiscal year from people that I respect on the other WIC Program is to our community and because in the act, in the statute, WIC side, but they either do not support our State. I was part of the Southern cannot create any deficits. So those WIC or they do not understand it. Initiative for Healthy Women and Chil- dollars are dollars that pay for current dren throughout a number of years, beneficiaries. b 1415 and we used the WIC Program as a I am sure that the gentlewoman that People getting vouchers take the basis of helping to raise the level of nu- just spoke is unfamiliar with the pro- voucher from the urban center where trition and health services for those gram, being a new Member, but there is they get the food to a grocery store. most at risk, women and children. absolutely no way that WIC can over- The grocery store takes the voucher to But this argument today is not about spend its dollars, and in addition to a bank, the bank takes it eventually to healthy mothers and children. It is that, the fund for rural America is al- the State for repayment. Vouchers about demagoguery and elections. We ready over subscribed. We are going to that are then taken into the State in have today $100 million that we expect have to cut water projects, sewer August and September before the fiscal to be carried over in the WIC Program. projects all over this country, housing year October 1, are not going through Those are tax dollars that will be projects. To throw the WIC’s dollars in the system, so money has to carry unspent and carried over. there makes absolutely no sense be- over. It is one of the sound manage- When the President asked for the $78 cause there is not enough money to ment principles that WIC has to run million increase in WIC funding, it is begin with. on. There must be carryover funds. not because anybody expects the WIC Mr. SKEEN. Mr. Chairman, I yield 1 That is one of the ways that the vouch- funds to run out. We agreed to a com- minute to the gentleman from Georgia er system works. promise of half of that money in this [Mr. KINGSTON]. So food prices are going up, milk supplemental appropriations bill. Fur- Mr. KINGSTON. Mr. Chairman, as prices are going up, we froze disability thermore, we agreed to put language in my colleagues know, it is too bad that payments for children in this country the bill that would allow $47 million everything has to be reduced to rhet- for a number of months; that money is that is currently in the fund for rural oric and emotionalism here. The re- for these children and these women. America to be transferred over in the spected ranking member herself has This helps from throwing 180,000 people unlikely event that the funds in the asked a lot of questions about the WIC off this program. I encourage my col- WIC Program should begin to run numbers. We all have questions about leagues to support this amendment. short. it. It was just said, a 2-percent carry- Mr. SKEEN. Mr. Chairman, I yield 3 All estimations are there are more over is what is needed. That is $75 mil- minutes to the gentleman from Arkan- than enough funds, more than enough lion. We already have $100 million in sas [Mr. DICKEY]. funds; in fact, $100 million, more than there. We do not need the additional. Mr. DICKEY. Mr. Chairman, I think I enough funds to fund the WIC Program. However, we asked USDA on April 17, have about got this thing figured out, Every week when I go home, Mr. last month, less than a month ago, but I have not gone over it yet with the Chairman, I am confronted by the tre- what would happen if they put another sharp eye of opposition, but this is the mendous needs of the people in my $36 million in there. The participation way I see it. H2718 CONGRESSIONAL RECORD — HOUSE May 15, 1997 We have had, since the start of the cannot keep spending and spending and Nobody was fooled. The phone start- great society, this compassion in our spending on the basis that we are com- ed ringing and the mail started pouring country that we must take care of passionate and we are the only people in. The American people were out- women, infants and children, and peo- who are right, because if we do, we are raged. Now, some brave Republicans ple with disabilities and unfortunates, not going to have a program. are jumping off that sinking ship. and we started on the right track, but Mr. OBEY. Mr. Chairman, I yield 11⁄2 I would like to commend those Mem- somewhere in this deal we have gotten minutes to the gentleman from Califor- bers across the aisle for understanding into this one word called ‘‘more.’’ nia [Mr. RIGGS]. that the Republican leadership was ter- Every year we want more and we want Mr. RIGGS. Mr. Chairman, I thank ribly wrong. I would also like to make more. the gentleman from Wisconsin [Mr. it very clear that it took a steady Elected officials have been caught in OBEY], the ranking member of the drumbeat of opposition by my Demo- this, we might say this spirals upwards House Committee on Appropriations cratic colleagues to help the Repub- because they want to be reelected. The for yielding to me. licans to see the light. liberals have been in the majority, so I feel like I am in a little bit of a The Kaptur amendment will restore they go from one year to the next and quandary in this debate. I feel like I full funding for WIC and keep 180,000 say, if we do not bring more into this ought to lift this podium up and move women, infants and children from program, then we are going to fail. If it over here to the center aisle, al- being denied proper nutrition. Mr. Chairman, the American people we fail, we are going to have criticism though I am mindful of the admonition that the only thing one gets by being are much smarter than the Republican and criticism might mean that we will leadership thinks. Support the Kaptur not get reelected. the middle of the road in Washington is run over. amendment. Now, I think down in the heart of Mr. OBEY. Mr. Chairman, I yield 30 hearts of the liberals on the other side Mr. Chairman, let me, first of all, point out that this bipartisan amend- seconds to the gentlewoman from Cali- of the aisle is this relief that we are fi- ment, with the gentlewoman from Ohio fornia [Ms. MILLENDER-MCDONALD]. nally going to stop what has been so [Ms. KAPTUR] in the lead is, as the gen- Ms. MILLENDER-MCDONALD. Mr. white hot and so excessive over all of tlewoman from Ohio pointed out, fully Chairman, I rise today in support of these years and we are finally going to paid for. It is offset with $38 million this amendment to restore funding for stop it. But the unfair part of it is that out of the $365 million in unobligated the women, infants and children’s pro- as we are standing up here and saying funding from the NASA national aero- gram, WIC. I had originally introduced we are not against women and infants nautics facilities account. my own amendment, but I am going to and children. We are for them. We do Second, let me tell my colleagues withdraw it to support the Kaptur, et. not want anybody to go not being fed that I accept on good faith the admin- al. amendment. or taken care of. istration’s claim that we need at least In my State of California alone, 1.2 The liberals are taking the advantage $76 million more in this program to million low-income and nutritionally politically and saying, yes, those peo- maintain the current caseload, ensure at-risk pregnant women, infant and ple do not care, and what they will do full participation for this year, and children benefit from WIC. To suddenly is they will drag the perfectly justifi- that is as a result of the caseload being strip 180,000 of these women, infants, able cases to center stage, draw the higher than what is projected at the and children from this essential pro- spotlight to it and they will say, these beginning of this current fiscal year gram is cruel and without reason. I am proud that California operates are the folks, the conservatives are, in and, as I think the gentleman from In- the largest WIC Program in the coun- fact, against as they are trying to slow diana [Mr. ROEMER] alluded to, the in- try, as it is one of the most successful down the growth of the WIC Program. crease in food prices, primarily dairy I think that is the reason I am for programs ever established by Congress, prices. and I am proud to support this amend- this for more reasons than have been Last, let me assure my colleagues on ment. stated before, but I know this. both sides of the aisle, as the chairman Mr. Chairman, I rise today to support this Ms. KAPTUR. Mr. Chairman, will the of the authorizing subcommittee that amendment to restore funding for the women, gentleman yield? has jurisdiction of the WIC Program, infants and children program [WIC]. I had Mr. DICKEY. I yield to the gentle- we are going to look at all of these woman from Ohio. originally introduced my own amendment to management and fiscal year issues restore full funding for WIC, however, I will Ms. KAPTUR. Mr. Chairman, the later this year, probably in the fall, gentleman obviously knows, being a withdraw my amendment to support the Kap- when we take up the reauthorization of tur-Riggs-Roukema-Roemer-Quinn amend- member of the subcommittee, that the the WIC Program. We will be looking money for this is coming from an offset ment. at ways to achieve greater efficiency In my State of California alone, 1,225,800 in another account, and in fact, there and more accountability in the WIC is no committee that has taken more low-income and nutritional-at-risk pregnant Program, but the time and the place to women, infants, and children benefit from cuts than the Committee on Agri- debate those structural changes to the culture. The gentleman from the State WIC. To suddenly strip 180,000 of these WIC Program, which, again, are going women, infants, and children from this essen- of Arkansas knows that. So the gen- to require bipartisan support in the tial program is cruel and without reason. tleman obviously knows that this is Congress and support from the WIC Programs that are not only cost-effective, not new money. This is money that is community across the country is in the but produce such impressive results are pre- being shifted from other programs, be- fall when we do the reauthorization cisely the programs we need to keep, not cut. cause we all have a commitment to re- bill, not in the context of this supple- The Government saves $3.50 for each $1 duce the deficit. mental appropriations bill. spent on WIC for pregnant women in expendi- Mr. DICKEY. Mr. Chairman, I thank Mr. SKEEN. Mr. Chairman, I reserve tures for Medicaid, SSI for disabled children, the gentlewoman, but the gentlewoman the balance of my time. and other programs. More importantly, re- knows what is going to happen, and Mr. OBEY. Mr. Chairman, I yield 1 search has demonstrated how effectively WIC this is what is happening in these pro- minute to the gentlewoman from New reduces low-birthweight babies, infant mortal- grams. Everybody takes what the fig- York [Ms. VELA´ ZQUEZ]. ´ ity, and child anemia. ures are for this year. They know they Ms. VELAZQUEZ. Mr. Chairman, on I am proud that California operates the larg- have to spend them whether they are April 24, the Republicans voted to re- est WIC Program in the country as it is one of there or not. We spend to that point ject the administration request for WIC the most successful programs ever estab- and then it becomes the floor for the funding, a program that feeds poor lished by Congress. And I am proud to sup- next year. women, infants and children. port the full restoration of funding for WIC. What I am worried about is if we are When Democrats protested, the Re- Mr. OBEY. Mr. Chairman, I yield going to save these programs, if we are publicans proudly defended themselves. such time as he may consume to the going to help these people, we are One after another they marched to the gentleman from Illinois [Mr. POSHARD]. going to have to start cutting because well and said, we are not really cutting (Mr. POSHARD asked and was given the balanced budget is in fact a neces- WIC, we are not really throwing poor permission to revise and extend his re- sity security for people like this. We babies off the program. marks.) May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2719 Mr. POSHARD. Mr. Chairman, I rise 1.6 million women, 1.8 million infants and 3.7 potential and become productive, contributing in strong support of the Kaptur amend- million children who participate in our Nation's members of society. ment. Supplemental Nutrition Program for Women, Hunger is caused by poverty. Poverty and Mr. Chairman, I rise today to express my Infants, and Children [WIC] as authorized by hunger are a violence against humanity, strong support for the women, infants and chil- section 17 of the Child Nutrition Act of 1966. whether they occur in the streets of Washing- dren nutrition program. WIC is one of the most This amendment would address the pro- ton, DC, or in the far-off towns and villages of successful and important Federal programs jected shortfall in funds by the close of fiscal Bosnia or Iraq. ever undertaken, and is it crucial that it re- year 1997. Fortunately, the pain and violence of hunger ceive the funding necessary to continue serv- In the 18th Congressional District a total of can be reduced by appropriating additional ing eligible mothers and children. Last year, 109,596 women, infants and children receive money to the WIC Program. This increase the WIC program served 7.4 million pregnant WIC services each month. This means that in would provide supplemental food and nutrition women, nursing mothers, infants, and children Harris County, TX 12,917 pregnant women, education for thousands of women, infants, under age 5. These beneficiaries must dem- 5,259 breast-feeding mothers, 9,448 and children who are eligible for the WIC Pro- onstrate their eligibility based both on financial postpartum mothers, who have recently given gram. Without this additional money, these eli- need and nutritional risk, and participants are birth, and 29,934 infants, and 52,038 children gible participants will be part of the growing screened every 6 months to ensure their con- can receive the help that they need. childhood hunger epidemic that plagues us. tinuing need for enrollment in the program. One-seventh of the State of Texas' 683,000 Under the Kaptur-Riggs amendment, $38 Quite simply, WIC saves lives. The program WIC recipients reside in Harris County, TX. If million would be taken from the money that has been invaluable in helping to reduce infant the State of Texas' WIC program does not re- was appropriated in fiscal year 1995 for a new mortality and improve health by decreasing ceive additional funds it will have a $1.255-mil- National Wind Tunnel Complex [NWTC]. Only anemia, low birthweight, and prematurity. It lion shortfall by the close of fiscal year 1997. $35 million of this appropriation has been has also been linked to better cognitive devel- This would require an additional $76 million used by NASA for research into wind tunnel opment among children. WIC is not an entitle- in funding for this program for fiscal year testing. The remaining $365 million has never ment. It has also been linked to better cog- 1997. been used. This amendment would not impact nitive development among children. WIC is not This program is not as glamorous as oth- negatively on NASA. an entitlement. It is an investment in our fu- ersÐthe WIC program is formula, milk, juice, I urge my colleagues to join me in the fight ture, and one which has continued to prove it- and bread. The majority of those served are against hunger by voting for the Kaptur-Riggs self for more than a decade. infants and children. amendment. Sadly, as many as 180,000 current WIC To cut the WIC program does not materially Mr. OBEY. Mr. Chairman, I yield participants will be forced out of the program reduce the numbers of women, infants and such time as he may consume to the if it does not receive full funding for fiscal year children who are in need. This program is one gentleman from Pennsylvania [Mr. 1997. After so many assistance programs of the best run, most efficient and effective FATTAH]. were cut last year, WIC is the last remaining programs that the Federal Government has (Mr. FATTAH asked and was given source of assistance for some some of our initiated. permission to revise and extend his re- most vulnerable citizens. It would be a tragedy According to the Government Accounting marks.) to limit this strikingly effective program, leaving Office for every dollar spent on the WIC pro- Mr. FATTAH. Mr. Chairman, I rise in thousands of women and children with no as- gram the taxpayer saves $3.50. This is the support of this amendment. sistance at all. I sincerely hope that I can reason the WIC program received very strong Mr. OBEY. Mr. Chairman, I yield 1 count on my colleagues' continuing support of bipartisan support throughout its history. minute to the gentleman from Califor- WIC, and I urge that it receive funding in the I would ask that my colleagues would join in nia [Mr. MILLER]. full amount of the administration's request. support of this amendment so that we may (Mr. MILLER of California asked and Mr. OBEY. Mr. Chairman, I yield 30 meet a clear and present need in the WIC was given permission to revise and ex- seconds to the gentlewoman from program. tend his remarks.) Texas [Ms. JACKSON-LEE]. Mr. OBEY. Mr. Chairman, I yield 30 Mr. MILLER of California. Mr. Chair- (Ms. JACKSON-LEE of Texas asked seconds to the gentlewoman from man, I thank the gentleman for yield- and was given permission to revise and Maryland [Mrs. MORELLA]. ing, and I want to commend the au- extend her remarks.) Mrs. MORELLA. Mr. Chairman, I thors of this amendment. I cannot tell Ms. JACKSON-LEE of Texas. Mr. thank the gentleman for yielding, be- my colleagues how distressed I was to Chairman, I thank the gentleman from cause I think this is a terrific amend- learn that the Committee on Appro- Wisconsin [Mr. OBEY] for yielding me ment and I am very much in support of priations did not put in the request by this time. it. the administration for the full funding Let me simply say in my community Mr. Chairman, hunger is caused by of WIC. there are 109,596 women, infants, and poverty. Poverty and hunger are a vio- I have been involved in this program children in the 18th Congressional Dis- lence against humanity, whether they my entire life in the Congress of the trict on the WIC Program. Over 683,000 our in the streets of Washington, DC, United States. I have probably visited WIC recipients reside in Harris County or the villages of Iraq and Bosnia. For- more WIC clinics, more site visits, con- and will have a $1,255-million shortfall tunately, the pain and violence of hun- ducted more investigations, asked for if this amendment is not passed. ger can be reduced by appropriating ad- more studies and investigations by uni- I appreciate the bipartisan effort of ditional money to the WIC Program. versities and others of this program, the gentlewoman from New Jersey That is exactly what this amendment and the result is always the same: This [Mrs. ROUKEMA] and the gentlewoman does. I am strongly in support of it, program works. from Ohio [Ms. KAPTUR]. I withdrew and I hope this whole body will approve This program saves healthy preg- my amendment on restoring WIC funds of it. nancies. This program helps make because of the leadership of the gentle- Mr. Chairman, I want to express my support healthy babies. These pregnancies do woman from Ohio [Ms. KAPTUR], and I for the Kaptur-Riggs amendment to the sup- not know fiscal years. They do not appreciate her efforts. plemental appropriations bill that would add know carryover budgets. They do not Let us realize that we had a $300-bil- $38 million for the Special Supplemental Food know any of that. What the WIC direc- lion deficit and we are now down to Program for Women, Infants, and Children tors have done historically year in and $100 billion. Who better to spend the [WIC]. year out is provide us credible informa- money on than women, infants, and WIC is an effective prevention program that tion to run this program. They have children who only have the good sense saves on future health care costs. WIC pro- done it again this year. of this Congress to rely. I support this vides food, education, and child care to poor Mr. Chairman, we cannot interrupt amendment and the restoration of the women, infants, and children. It is estimated this funding, because if we take away $38 million for this very vital nutrition that one in five children in our country is living this program in a late-term pregnancy, program that helps feed needy families. in poverty, and five million children under the if we take away the program for a new- Mr. Chairman, I rise in support of this age of 12 go to bed hungry each month. No born, we change the manner and the amendment to H.R. 1469, the emergency sup- child in our country should go to bed hungry. ability of that child’s brain to develop. plemental appropriations bill on behalf of the Only well-nourished children reach their full We change the manner and the ability H2720 CONGRESSIONAL RECORD — HOUSE May 15, 1997 of that fetus to develop during that working so hard on this. It is an honor they are still on it. Yet, the Democrats pregnancy, and we ought to listen to to work with her. have not supported a study in the com- the WIC directors and provide for full Mr. SKEEN. Mr. Chairman, I yield 1 mittee. I would love the gentlewoman support of this amendment. minute to the gentleman from Califor- to support a study. Would the gentle- Mr. OBEY. Mr. Chairman, I yield 1 nia [Mr. CUNNINGHAM]. woman support a study? minute to the gentlewoman from Con- Mr. CUNNINGHAM. Mr. Chairman, I Mr. Chairman, I include for the necticut [Ms. DELAURO]. would like to thank the gentlewomen RECORD points against the Kaptur- Ms. DELAURO. Mr. Chairman, this is for speaking to the issue. They believe Riggs amendment. not a liberal issue. This is not a con- differently than we do, but at least TALKING POINTS AGAINST KAPTUR/RIGGS servative issue. This is an issue of val- they spoke to the issue and did not We asked USDA to give us information on ues. Who are we and what do we stand demagogue, did not do anything. impacts to the program with a $36 million for in the United States of America? We on this side feel that the money supplemental and a $76 million supple- We are talking about cereal, we are was put in, the $38 million we put in, mental. talking about milk, and we are talking and then the additional $40 million to According to USDA, participation will not about formula, and we are talking bring it to $78 million. The President change whether they get $36 million or $76 asked for $76 million, and then they million—remains at 7.4 million. about pregnant women and children. The $38 million we are providing is a sup- What the Kaptur-Roukema amend- say, what if USDA is wrong and there plemental appropriation. It is in addition to ment does is to provide necessary fund- is not enough money in there? Will we the $3.7 billion the program has already re- ing to prevent 180,000 women, infants, hurt the children? We do not think we ceived for this fiscal year. and children from being kicked out of will. They believe one way and we be- We have not reduced or cut the program. the WIC Program. These numbers are lieve the other. WIC got $3.7 billion in the fiscal year 1997 ap- not administration numbers, they are But I appreciate my colleagues on propriations bill and will get $38 million the other side. They do not stand up more in this supplemental bill. not Democratic numbers, these are Program participation fluctuates monthly. numbers that come from the States. and demagogue. They are speaking to The Dems want to keep using the October The process of seeing people thrown off the issue. We truly feel there is enough monthly participation rate of 7.47 million be- of this program has already begun in money in there to cover without in- cause it is the highest number. We should States like Arizona and Nebraska. creasing and increasing and increasing. counter with the December participation In the last several weeks, Members Mr. Chairman, I would like to thank rate of 7.28 million. have taken the case for WIC to the my colleagues on both sides of the aisle We know participation dropped from Octo- American people. We have explained for debating this without throwing in ber to December, went up in January, and dropped again in February. that WIC is a program that works, that the rhetorical information. Mr. SKEEN. Mr. Chairman, I yield 2 In a memo dated April 11, 1997 from Mary it saves the Federal Government $3 for Ann Keeffe the Acting Under Secretary for every dollar that it has invested, and minutes to the gentleman from Geor- Food and Consumer Service, she states that that it provides assistance to those in gia [Mr. KINGSTON]. her agency continues to believe that state our society that need it the most: Mr. KINGSTON. Mr. Chairman, we projections of maintaining 7.4 million par- Pregnant women and young children. I are not here to talk about the merits of ticipants is optimistic and the USDA budget thank my colleagues on the other side WIC, we are not here to talk about assumptions of 7.2 million are more realistic. of the aisle for joining. Support Kap- feeding children. Indeed, this commit- USDA plans to carryover $100 million with a $38 million supplemental. It plans to carry- tur-Roukema. Let us not gamble with tee has supported WIC to the tune of full funding last year, $3.7 billion. This over $135 million with a $76 million supple- our children’s lives. mental. committee has supported increasing b 1300 In addition, States are allowed to spend WIC $36 million. This committee has forward or carryover funds on their books. Mr. OBEY. Mr. Chairman, I yield my- supported increasing funding in the We know states spent forward over $60 mil- self 15 seconds. carryover up to $147 million. Also this lion into fiscal year 1997. Mr. Chairman, 45 years ago Franklin committee, to make sure, has asked The program needs a certain amount of Roosevelt said, ‘‘The test of our the USDA what their numbers are. I carryover because of the way the program progress is not whether we add more to have the numbers here. They are open operates. USDA has said that about a 2% the abundance of those who have much, carryover would be needed. 2% of the pro- to anybody. The number of partici- gram would be about $75 million, so there’s a it is whether we provide enough for pants at the additional $36 million is $20 to $25 million that could be used if it was those who have too little.’’ That is the 7.4 million. The number of participants really needed. simple test before us today. at the $76 million is 7.4. In this bill we give the Secretary the au- Mr. Chairman, I yield the balance of In addition, we even had an April 11, thority to use the Fund for Rural America my time to the gentlewoman from Ohio 1997, memo from Mary Ann Keeffe, the for WIC. There is a $47 million unobligated [Ms. KAPTUR]. Acting Undersecretary of Food and balance in the Fund for Rural America. The Ms. KAPTUR. Mr. Chairman, I urge Consumer Services, that states that Secretary could use these funds for WIC if my colleagues to vote for the biparti- it’s that critical. she believes the State projections of 7.4 The President’s budget submitted in Feb- san Kaptur-Roukema-Riggs-Roemer- million is optimistic, and that the ruary said carryover funds from FY96 to Quinn amendment. It provides enough USDA budget assumptions of 7.2 are FY97 would be $145 million. In a USDA table support to maintain the current par- more realistic. sent to the Committee on April 16, 1997, we ticipation level of pregnant women and In either case, Mr. Chairman, we are now find out that it was $202 million. low birthweight children around this covered without spending additional A USDA study of WIC income documenta- country. The support is paid for then dollars. My question would be, to my tion and verification policy indicates that by an offset to the NASA accounts, the friend across the aisle, would she sup- 33.3% of state agencies allow the participant to self declare income levels without docu- wind tunnel accounts, which are being port an amendment to make sure we mentation or verification. canceled. are only feeding children and not bu- Another USDA study indicates that 5.7% of Keep in mind, for a few hundred dol- reaucrats, that stipulates that none of WIC participants receive WIC benefits, but lars per participant we save, on aver- this money can be used for the bu- are not eligible. This is over $200 million age, $20,000 for children who would be reaucracy? that could be saved and used for those that admitted to hospital rooms across the Because it is time we start talking a truly need to be in the program. country with anemia, with all kinds of little bit about the WIC bureaucracy. It Ms. KAPTUR. Mr. Chairman, will the conditions, that are a direct result of is 25 percent of the overhead, which gentleman yield? poor nutrition. means they will get $15 million of this Mr. KINGSTON. I yield to the gentle- This is a wise investment for Amer- vote today, $15 million goes to bureau- woman from Ohio. ica, fully paid for, fully proven. Sup- crats, not children. It is a program Ms. KAPTUR. Mr. Chairman, would port the bipartisan Kaptur-Roukema that already 33 percent of the partici- the gentleman agree that the Governor amendment. I thank my dear col- pants are not documented or verified as of California needs the money to main- league, the gentlewoman from New being eligible, Mr. Chairman. Six per- tain current participants in this pro- Jersey, Mrs. MARGE ROUKEMA, for cent have been called ineligible, but gram? May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2721 Mr. ABERCROMBIE. Mr. Chairman, I rise WIC provides basic foods like milk, juice, joyed strong support from both sides of the today in support of the additional funding for and cereal to needy children through age 5 aisle, for the crucial role it plays in helping to the Special Supplemental Food Program for and nutrition education and supplements to ensure a healthy start in life for all kids and Women, Infants and Children [WIC] under pregnant and nursing women. The program moms. So, no one was more pleased than I H.R. 1469, the Supplemental Appropriations serves 7.4 million women and children, and was to see an arrangement worked out for this bill for FY 1997. Hawaii is among the twelve enjoys broad bipartisan support. amendment to be offered on a bipartisan states that would have to reduce current WIC As well it should: a spate of recent studies basis, providing the additional $38 million caseloads without the approval of $76 million has shown the profound significance early nu- needed to ensure that mothers and children in supplemental funds. Nearly one-third of Ha- trition has on child development. These stud- are not dropped from the WIC Program in the waii women and children who receive WIC, or ies back up twenty-two years of scientific re- coming months. We still have a great deal of 9,300 participants, would lose their access to search demonstrating that WIC is an excellent work to do, as a country, to tackle the problem nutritional assistance. Without the additional investment in our nation's future. of childhood hunger and infant mortality. Most funding, the increasing numbers of Hawaii Study after study has shown that each dol- people are surprised to learn that 19 industri- women and children who qualify for WIC may lar spent on pregnant women in the WIC pro- alized countries have lower infant death rates not receive it. gram saves up to $3.13 in Medicaid costs for than the United States. It is hard to believe Hawaii's WIC program has long served the mothers and infants in the first 60 days after that in our rich Nation proportionally more ba- low-income population of children and preg- birth and that pregnant women on Medicaid bies die before reaching their first year than in nant, postpartum, and breast-feeding women receiving WIC are less likely to deliver pre- Canada, Australia, Japan, most of Western who are at risk for nutritional deficiencies. In mature or low birth-weight babies. Volumes of Europe, and even Hong Kong and Singapore. the last year, Hawaii's WIC program has been scientific research have shown that poor child There is no reason why this should be the providing nutritious supplemental foods, quality nutrition leads to health problems and can case. We have the wherewithal and the know- nutrition education, high-risk counseling, slow learning. how to address the problem of infant mortality, breast-feeding promotion, and referrals to As the mother of four, I find these results ut- and part of the solution is a strong, effective health care and social services to 30,532 par- terly unsurprising. Simple common sense tells WIC Program. I urge my colleagues to support ticipants. This is a 13 percent increase in us that kids are our future, and they need all this amendment, and keep the WIC Program caseload over the past year. Considering the the help they can get. That's why this amend- on solid footing. slow recovery of Hawaii's economy and the ment, which provides the WIC program with Mr. SERRANO. Mr. Chairman, I rise in de- impact of welfare reform, the WIC program be- the minimum amount of funding it needs to fense of, surely, the most vulnerable sector of comes an even more valuable resource to the continue serving needy children, is so impor- our society: women, infants, and children. 50,000 women, infants and children estimated tant. In my home state of California alone, And, I rise in strong support of restoring the to be in need of the services. WIC will be unable to serve about 169,000 funding request of $76 million to the Special Earlier this month, the State of Hawaii im- moms and kids if this amendment fails. Supplemental Food Program for Women, In- plemented major cost containment strategies Mr. Chairman, the facts are clear. This fants, and Children; known as WIC. to stay within the budget provided. Current amendment is vital for our nation's children, I am deeply concerned with, and I did not WIC participants are being told to make ``best and I strongly urge my colleagues to support support, the decision of the Appropriations buys'' to do more with less money, like buying its passage. Committee to cut the funds requested for the powdered milk. These cost saving adjustments Mr. Chairman, I rise in strong support of the WIC Program in the fiscal year 1997 supple- may be difficult to implement but they are Kaptur amendment to increase funding for the mental appropriations bill. By slicing in half the much less costly than the long-term con- WIC Program by $38 million, and I commend $76 million in funding needed to avert partici- sequences of forcing 9,300 low-income my colleagues Ms. KAPTUR and Ms. ROUKEMA pation reductions of approximately 360,000 women, infants and children out of the pro- for their diligent efforts to obtain these funds. women, infants, and children, this bill will gram. WIC is a program that works. Medical re- cause 180,000 eligible participants to be Mr. BISHOP. Mr. Chairman, I would first like search has found that WIC reduces low dropped from the rolls. I ask my colleagues to to thank Ms. KAPTUR and Mrs. ROUKEMA for birthweight, infant mortality, and anemia and reconsider. their considerable hard work and persever- improves diets. WIC has also been linked to This year in New York City, for the first time ance in bringing this amendment to the floor improved cognitive development in children. At ever, the appropriation was less than the today. preceeding year. Therefore, we began the fis- I rise to express my strong support for this a time when early childhood development has cal year 1997 $6 million in the hole. According amendment which would provide a $76 million become an issue of great national attention, it to WIC Program directors in the Bronx, the im- supplemental appropriation for the Special makes no sense to withhold funding from a pact of cuts to their budgets may be devastat- Supplemental Food Program for Women, In- program that successfully addresses these de- fants and Children (WIC). The passage of this velopment issues. ing. I do not understand how a Congress that amendment will ensure that over 180,000 Both WIC participation levels and per partic- seems eager to support tens of billions of tax pregnant women, infants and children across ipant food costs have increased, yet funding cuts to many of the wealthiest individuals in the country will not be terminated from partici- for the program has not increased to meet this America through large reductions in capital pation in the WIC program. need. The $38 million supplemental will still gains taxes and taxes on the very largest es- As a member of the House Agriculture throw more than 180,000 needy women and tates cannot find $38 million to prevent poor panel which has authorizing jurisdiction over children off the program. That is 180,000 preg- children from going without the nutritional sup- nutrition, I have been a longtime supporter of nant women, malnourished infants, and vul- plements they so desperately need. I ask my the WIC program. Numerous studies, including nerable children lacking cereal, milk, formulaÐ colleagues to reconsider. one by the GAO, have reported that a dollar an astounding number of vulnerable people This bill paints a very ugly picture and the spent on WIC saves as much as $3.54. Be- forced to find other means to meet the most families of the South Bronx, New York City, cause of the preventative nature of the WIC basic nutritional needs for survival. and indeed, of our great Nation deserve more. program, these savings are primarily Medicaid At the current funding level, many States In this picture, we see families already being savings. Simply put, this supplemental appro- have had to begin cutting participants from the turned away from food pantries and soup priation amendment is just too important to the program. California WIC agencies are cur- kitchens in the Bronx. In this picture, we see continued health of far too many disadvan- rently cutting participants from the program a pregnant woman who is receiving WIC ben- taged women and the infants and children because of lack of sufficient funds to meet last efits for her unborn baby, and herself, but her they care for. year's participation levels. 2-year-old is placed on a waiting list. Of Again, I rise in support of this amendment There is nothing, nothing more important course, she will use her WIC foods to feed her and encourage my colleagues to join me in than feeding our most vulnerable, than basic 2-year-old, she is a mother, she will protect doing likewise. subsistence for the needy in our country. I her child. In this scenario, everyone suffers: Ms. HARMAN. Mr. Chairman, I rise today in urge my colleagues to support this important the mom, the 2-year-old, and the unborn baby. strong support of the bipartisan amendment amendment. This debate should not be about fiscal con- offered by my colleagues MARCY KAPTUR, Mr. HALL of Ohio. Mr. Chairman, I have al- servatism or policy differences with State offi- FRANK RIGGS, MARGE ROUKEMA, TIM ROEMER ways said that in this country no concern cials over management of the WIC Program. and JACK QUINN, which would restore full fund- should be more bipartisan than the issue of Simply, this debate should be about providing ing for the Woman, Infants and Children Pro- hungerÐespecially as it affects our children. poor women, infants, and children with milk, gram, or WIC. In that spirit, the WIC Program has long en- eggs, and juice. H2722 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Again, I ask my colleagues to reconsider McIntyre Rahall Spratt PERSONAL EXPLANATION McKinney Ramstad Stabenow and exhibit real leadership on this issue. Let McNulty Rangel Stark Mr. MICA. Mr. Chairman, on the following us renew our commitment to the families of Meehan Regula Stearns rollcall Nos., had I been present I would have this Nation by ending a strong message that Meek Reyes Stenholm voted: No. 128Ð``Yes''; No. 129Ð``Yes''; No. avoiding potential human disasters is just as Menendez Riggs Stokes 130Ð``Yes''; No. 131Ð``Yes.'' I was unavoid- Millender- Riley Strickland important as providing funding to respond to McDonald Rivers Stupak ably detained. natural disasters. Miller (CA) Rodriguez Sununu The CHAIRMAN. It is now in order to The CHAIRMAN. All time has ex- Minge Roemer Tanner consider amendment No. 2 printed in Mink Rogan Tauscher pired. Moakley Rogers Tauzin House Report 105–97. The question is on the amendment Molinari Ros-Lehtinen Taylor (MS) AMENDMENT NO. 2 OFFERED BY MR. MC KEON offered by the gentleman from Wiscon- Mollohan Rothman Thomas Mr. McKEON. Mr. Chairman, I offer Moran (KS) Roukema Thompson sin [Mr. OBEY]. Moran (VA) Roybal-Allard Thune an amendment. The question was taken; and the Morella Rush Thurman The CHAIRMAN. The Clerk will des- Chairman announced that the noes ap- Murtha Sabo Tierney ignate the amendment. Myrick Salmon Torres The text of the amendment is as fol- peared to have it. Nadler Sanchez Towns RECORDed vote Neal Sanders Traficant lows: Ney Sandlin Turner Amendment No. 2 offered by Mr. MCKEON: Mr. OBEY. Mr. Chairman, I demand a Oberstar Sawyer Upton recorded vote. Page 51, after line 23, insert the following Obey Saxton Velazquez new title: A recorded vote was ordered. Olver Schaefer, Dan Vento Ortiz Schumer Visclosky TITLE IV—COST OF HIGHER EDUCATION The vote was taken by electronic de- Owens Scott Walsh REVIEW vice, and there were—ayes 338, noes 89, Pallone Sensenbrenner Wamp SEC. 4001. SHORT TITLE; FINDINGS. not voting 6, as follows: Pappas Serrano Waters Pascrell Sessions Watt (NC) (a) SHORT TITLE.—This title may be cited [Roll No. 131] Pastor Shaw Watts (OK) as the ‘‘Cost of Higher Education Review Act AYES—338 Paul Shays Waxman of 1997’’. Payne Sherman Weldon (PA) (b) FINDINGS.—The Congress finds the fol- Abercrombie Deutsch Holden Pease Shimkus Weller Ackerman Diaz-Balart Hooley lowing: Pelosi Shuster Wexler (1) According to a report issued by the Aderholt Dicks Horn Peterson (MN) Sisisky Weygand Allen Dingell Hostettler Peterson (PA) Skaggs White General Accounting Office, tuition at 4-year Bachus Dixon Hoyer Petri Slaughter Whitfield public colleges and universities increased 234 Baesler Doggett Hulshof Pickett Smith (MI) Wise percent from school year 1980–1981 through Baldacci Dooley Hutchinson Pitts Smith (NJ) Wolf school year 1994–1995, while median house- Barcia Doyle Hyde Pomeroy Smith (TX) Woolsey hold income rose 82 percent and the cost of Barrett (NE) Duncan Jackson (IL) Porter Smith, Adam Wynn Barrett (WI) Dunn Jackson-Lee consumer goods as measured by the Portman Smith, Linda Yates Consumer Price Index rose 74 percent over Bartlett Edwards (TX) Poshard Snyder Young (AK) Bass Ehlers Jefferson Price (NC) Solomon Young (FL) the same time period. Becerra Emerson Jenkins Pryce (OH) Souder (2) A 1995 survey of college freshmen found Bentsen Engel John Quinn Spence that concern about college affordability was Bereuter English Johnson (CT) the highest it has been in the last 30 years. Berman Ensign Johnson (WI) NOES—89 (3) Paying for a college education now Berry Eshoo Johnson, E.B. Archer Dreier Nethercutt Bilbray Etheridge Jones ranks as one of the most costly investments Armey Ehrlich Neumann Bilirakis Evans Kanjorski for American families. Baker Goodlatte Northup Bishop Everett Kaptur Ballenger Goodling Norwood SEC. 4002. ESTABLISHMENT OF NATIONAL COM- Blagojevich Ewing Kasich Barr Graham Nussle MISSION ON THE COST OF HIGHER Blumenauer Farr Kelly Barton Gutknecht Oxley EDUCATION. Boehlert Fattah Kennedy (MA) Bateman Hansen Packard There is established a Commission to be Bonior Fawell Kennedy (RI) Bliley Hastings (WA) Parker known as the ‘‘National Commission on the Bono Fazio Kennelly Blunt Hefley Paxon Borski Filner Kildee Cost of Higher Education’’ (hereafter in this Boehner Herger Pickering Boswell Flake Kilpatrick title referred to as the ‘‘Commission’’). Bonilla Hilleary Pombo Boucher Foglietta Kim Brady Hoekstra Radanovich SEC. 4003. MEMBERSHIP OF COMMISSION. Boyd Foley Kind (WI) Burr Houghton Rohrabacher (a) APPOINTMENT.—The Commission shall Brown (CA) Forbes King (NY) Burton Hunter Royce be composed of 7 members as follows: Brown (FL) Ford Kleczka Buyer Inglis Ryun Brown (OH) Fowler Klink (1) Two individuals shall be appointed by Callahan Istook Sanford Bryant Fox Klug the Speaker of the House. Calvert Johnson, Sam Scarborough Bunning Frank (MA) Kolbe (2) One individual shall be appointed by the Chabot Kingston Schaffer, Bob Camp Franks (NJ) Kucinich Minority Leader of the House. Chenoweth Knollenberg Shadegg Campbell Frelinghuysen LaFalce Coble Largent Skeen (3) Two individuals shall be appointed by Canady Frost LaHood Coburn Lewis (CA) Smith (OR) the Majority Leader of the Senate. Cannon Furse Lampson Collins Linder Snowbarger (4) One individual shall be appointed by the Capps Gallegly Lantos Combest Livingston Stump Cardin Ganske Latham Minority Leader of the Senate. Cox Manzullo Talent Carson Gejdenson LaTourette (5) One individual shall be appointed by the Crane McCrery Taylor (NC) Castle Gekas Lazio Secretary of Education. Crapo McInnis Thornberry Chambliss Gephardt Leach (b) ADDITIONAL QUALIFICATIONS.—Each of Deal McIntosh Tiahrt Christensen Gibbons Levin DeLay McKeon Weldon (FL) the individuals appointed under subsection Clay Gilchrest Lewis (GA) Dickey Metcalf Wicker (a) shall be an individual with expertise and Clayton Gillmor Lewis (KY) Doolittle Miller (FL) experience in higher education finance (in- Clement Gilman Lipinski cluding the financing of State institutions of Clyburn Gonzalez LoBiondo NOT VOTING—6 Condit Goode Lofgren higher education), Federal financial aid pro- Conyers Gordon Lowey Andrews Mica Skelton grams, education economics research, public Cook Goss Lucas Hefner Schiff Watkins or private higher education administration, Cooksey Granger Luther or business executives who have managed Costello Green Maloney (CT) b successful cost reduction programs. Coyne Greenwood Maloney (NY) 1502 (c) CHAIRPERSON AND VICE CHAIRPERSON.— Cramer Gutierrez Manton Messrs. MANZULLO, PAXON, and Cubin Hall (OH) Markey The members of the Commission shall elect Cummings Hall (TX) Martinez LARGENT changed their vote from a Chairman and a Vice Chairperson. In the Cunningham Hamilton Mascara ‘‘aye’’ to ‘‘no.’’ absence of the Chairperson, the Vice Chair- Danner Harman Matsui Messrs. LEWIS of Kentucky, person will assume the duties of the Chair- Davis (FL) Hastert McCarthy (MO) CRAMER, BACHUS, RILEY, person. Davis (IL) Hastings (FL) McCarthy (NY) ADERHOLT, and EVERETT changed (d) QUORUM.—A majority of the members of Davis (VA) Hayworth McCollum the Commission shall constitute a quorum DeFazio Hill McDade their vote from ‘‘no’’ to ‘‘aye.’’ for the transaction of business. DeGette Hilliard McDermott So the amendment was agreed to. Delahunt Hinchey McGovern (e) APPOINTMENTS.—All appointments DeLauro Hinojosa McHale The result of the vote was announced under subsection (a) shall be made within 30 Dellums Hobson McHugh as above recorded. days after the date of enactment of this Act. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2723 In the event that an officer authorized to data on tuition trends and other costs of op- institutions, and individuals for the purpose make an appointment under subsection (a) erating colleges and universities. of conducting research or surveys necessary has not made such appointment within such (9) The extent to which student financial to enable the Commission to discharge the 30 days, the appointment may be made for aid programs have contributed to changes in Commission’s duties under this title. such officer as follows: tuition. (f) STAFF.—Subject to such rules and regu- (1) the Chairman of the Committee on Edu- (10) Trends in State fiscal policies that lations as may be adopted by the Commis- cation and the Workforce may act under have affected college costs. sion, and to such extent and in such amounts such subsection for the Speaker of the House (11) The adequacy of existing Federal and as are provided in appropriation Acts, the of Representatives; State financial aid programs in meeting the Chairperson of the Commission shall have (2) the Ranking Minority Member of the costs of attending colleges and universities. the power to appoint, terminate, and fix the Committee on Education and the Workforce (12) Other related topics determined to be compensation (without regard to the provi- may act under such subsection for the Mi- appropriate by the Commission. sions of title 5, United States Code, govern- nority Leader of the House of Representa- (b) FINAL REPORT.— ing appointments in the competitive service, tives; (1) IN GENERAL.—Subject to paragraph (2), and without regard to the provisions of chap- (3) the Chairman of the Committee on the Commission shall submit to the Presi- ter 51 and subchapter III of chapter 53 of such Labor and Human Resources may act under dent and to the Congress, not later than 120 title, or of any other provision, or of any such subsection for the Majority Leader of days after the date of the first meeting of other provision of law, relating to the num- the Senate; and the Commission, a report which shall con- ber, classification, and General Schedule (4) the Ranking Minority Member of the tain a detailed statement of the findings and rates) of an Executive Director, and of such Committee on Labor and Human Resources conclusions of the Commission, including additional staff as the Chairperson deems ad- may act under such subsection for the Mi- the Commission’s recommendations for ad- visable to assist the Commission, at rates nority Leader of the Senate. ministrative and legislative action that the not to exceed a rate equal to the maximum (f) VOTING.—Each member of the Commis- Commission considers advisable. rate for level IV of the Executive Schedule sion shall be entitled to one vote, which (2) MAJORITY VOTE REQUIRED FOR REC- under section 5332 of such title. shall be equal to the vote of every other OMMENDATIONS.—Any recommendation de- SEC. 4006. FUNDING OF COMMISSION. member of the Commission. scribed in paragraph (1) shall be made by the (a) APPROPRIATION.—There is appropriated, (g) VACANCIES.—Any vacancy on the Com- Commission to the President and to the Con- out of any money in the Treasury not other- mission shall not affect its powers, but shall gress only if such recommendation is adopt- wise appropriated, for fiscal year 1997 for car- be filled in the manner in which the original ed by a majority vote of the members of the rying out this title, $650,000, to remain avail- appointment was made. Commission who are present and voting. able until expended, or until one year after (h) PROHIBITION OF ADDITIONAL PAY.—Mem- (3) EVALUATION OF DIFFERENT CIR- the termination of the Commission pursuant bers of the Commission shall receive no addi- CUMSTANCES.—In making any findings under to section 4007, whichever occurs first. tional pay, allowances, or benefits by reason subsection (a) of this section, the Commis- (b) RESCISSION.—Of the funds made avail- of their service on the Commission. Members able for ‘‘DEPARTMENT OF EDUCATION— appointed from among private citizens of the sion shall take into account differences be- Federal Family Education Loan Program United States may be allowed travel ex- tween public and private colleges and univer- Account’’ in the Departments of Labor, penses, including per diem, in lieu of subsist- sities, the length of the academic program, Health and Human Services, and Education, ence, as authorized by law for persons serv- the size of the institution’s student popu- and Related Agencies Appropriations Act, ing intermittently in the government service lation, and the availability of the institu- 1997 (as contained in section 101(e) of division to the extent funds are available for such ex- tion’s resources, including the size of the in- A of Public Law 104–208), $849,000 is re- penses. stitution’s endowment. (i) INITIAL MEETING.—The initial meeting SEC. 4005. POWERS OF COMMISSION. scinded. of the Commission shall occur within 40 days (a) HEARINGS.—The Commission may, for SEC. 4007. TERMINATION OF COMMISSION. after the date of enactment of this Act. the purpose of carrying out this title, hold The Commission shall cease to exist on the SEC. 4004. FUNCTIONS OF COMMISSION. such hearings and sit and act at such times date that is 60 days after the date on which (a) SPECIFIC FINDINGS AND RECOMMENDA- and places, as the Commission may find ad- the Commission is required to submit its TIONS.—The Commission shall study and visable. final report in accordance with section make findings and specific recommendations (b) RULES AND REGULATIONS.—The Commis- 4004(b). regarding the following: sion may adopt such rules and regulations as The CHAIRMAN. Pursuant to House (1) The increase in tuition compared with may be necessary to establish the Commis- Resolution 149, the gentleman from other commodities and services. sion’s procedures and to govern the manner California [Mr. MCKEON] and a Member (2) Innovative methods of reducing or sta- of the Commission’s operations, organiza- opposed will each control 5 minutes. bilizing tuition. tion, and personnel. The Chair recognizes the gentleman (3) Trends in college and university admin- (c) ASSISTANCE FROM FEDERAL AGENCIES.— from California [Mr. MCKEON]. istrative costs, including administrative (1) INFORMATION.—The Commission may re- staffing, ratio of administrative staff to in- quest from the head of any Federal agency or Mr. MCKEON. Mr. Chairman, I yield structors, ratio of administrative staff to instrumentality such information as the myself such time as I may consume. students, remuneration of administrative Commission may require for the purpose of In today’s technology and informa- staff, and remuneration of college and uni- this title. Each such agency or instrumental- tion-based economy, getting a high versity presidents or chancellors. ity shall, to the extent permitted by law and quality postsecondary education is (4) Trends in (A) faculty workload and re- subject to the exceptions set forth in section more important than ever. For many muneration (including the use of adjunct 552 of title 5, United States Code (commonly Americans it is the key to the Amer- faculty), (B) faculty-to-student ratios, (C) referred to as the Freedom of Information ican Dream. number of hours spent in the classroom by Act), furnish such information to the Com- That is why it is truly alarming to faculty, and (D) tenure practices, and the im- mission, upon request made by the Chair- pact of such trends on tuition. person of the Commission. realize the cost of pursuing a post- (5) Trends in (A) the construction and ren- (2) FACILITIES AND SERVICES, PERSONNEL DE- secondary education has increased ovation of academic and other collegiate fa- TAIL AUTHORIZED.—Upon request of the three times as fast as family incomes cilities, and (B) the modernization of facili- Chairperson of the Commission, the head of over the last 15 years. This trend is es- ties to access and utilize new technologies, any Federal agency or instrumentality shall, pecially alarming in that it only seems and the impact of such trends on tuition. to the extent possible and subject to the dis- to apply to higher education. There are (6) The extent to which increases in insti- cretion of such head— many endeavors and many businesses tutional financial aid and tuition discount- (A) make any of the facilities and services that must keep pace with changing ing have affected tuition increases, including of such agency or instrumentality available the demographics of students receiving such to the Commission; and technologies and Federal regulations. aid, the extent to which such aid is provided (B) detail any of the personnel of such However, in order to stay affordable to to students with limited need in order to at- agency or instrumentality to the Commis- their customers and stay competitive tract such students to particular institu- sion, on a nonreimbursable basis, to assist in the market, they manage to hold tions or major fields of study, and the extent the Commission in carrying out the Commis- cost increases to a reasonable level. to which Federal financial aid, including sion’s duties under this title. The amendment I am offering today loan aid, has been used to offset such in- (d) MAILS.—The Commission may use the will establish a commission on the cost creases. United States mails in the same manner and of higher education. This commission (7) The extent to which Federal, State, and under the same conditions as other Federal will have a very short lifespan. Over a local laws, regulations, or other mandates agencies. contribute to increasing tuition, and rec- (e) CONTRACTING.—The Commission, to 4-month period, it will study the rea- ommendations on reducing those mandates. such extent and in such amounts as are pro- sons why tuitions have risen so quickly (8) The establishment of a mechanism for a vided in appropriation Acts, may enter into and dramatically, and report on what more timely and widespread distribution of contracts with State agencies, private firms, schools, the administration and the H2724 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Congress can do to stabilize or reduce First of all, with all due respect to So I have some concern about the tuitions. the gentleman and my friend from outcomes of that and I hope we can ju- Time is short. Over the coming year California, I think many of us are very, diciously look for that money that we will reauthorize the Higher Edu- very concerned about the cost of tui- does not hurt our efforts to collect on cation Act, which will provide $35 bil- tions at our colleges. I just had a bipar- debt service that is owed on the stu- lion in student financial aid this year tisan hearing back home in Indiana dent loan program. alone. We need this commission up and with the gentleman from Michigan Mr. OBEY. Mr. Chairman, I yield running now so that its recommenda- [Mr. UPTON], and we heard that parents such time as he may consume to the tions will be useful for the reauthoriza- are concerned about this. But we also gentleman from Tennessee [Mr. FORD]. tion. want to make sure that the commis- Mr. FORD. Mr. Chairman, I thank The amendment I am offering pro- sion that studies it is equitable, fairly the gentleman from California [Mr. vides $650,000 maximum for the com- balanced, and includes the administra- MCKEON], and, of course, the ranking mission to carry out its work. My tion. member on this side of the aisle, and amendment would fully pay for the Back in 1986, when a similar study thank even the gentleman from Indi- cost of the commission by using admin- was put together, with Democrats in ana [Mr. ROEMER] for his leadership. istrative funds provided for the Federal control of the House and a Republican The commission is certainly needed, Family Education Loan Program. In President, five of the appointments, but I also have some of the same res- return, we will get the answers to the Mr. Chairman, five, were given to the ervations and concerns, and I am hope- questions my colleagues and I hear all Republican President. Today, the ful that the gentleman from California, the time from parents and students: White House gets one appointment. to whom I have expressed my support ‘‘Why are college prices rising so Now, that is not balanced. That is not for this commission, and we will all be quickly and will I be able to afford to equity. That is not fairness. So I would able to work some of these differences go to college?’’ strongly oppose the composition of this out. Certainly the representational issue, This legislation was reported from commission and urge us in conference the composition of administration offi- the Committee on Education and the to change that. cials and of congressional appointees is Workforce by a unanimous-voice vote Finally, if we cannot change that, one of concern. I am hopeful, as I am and passed by the whole House in the Mr. Chairman, $650,000 for a study sure the chairman is, and I take the same way yesterday. It is bipartisan, would provide for 382 Pell grants at the liberty to speak on behalf of him be- revenue neutral, and essential if we are average Pell grant of about $1,700. So if cause I know he shares a deep concern to reauthorize the Higher Education we cannot fix this, instead of studying about the rising cost of tuition in this Act in a way that truly helps parents it, maybe what we should do is put the study money toward real people of 382 Nation, that we can begin to study and and students afford higher education. to look at ways to curb some of that so I urge my colleagues to join me in Pell grant recipients and do it the we make sure families and young peo- this effort and I urge a ‘‘yes’’ vote on right way. So, while the study and the intention ple have these opportunities as they this amendment. is probably good, the composition is move forward. Mr. Chairman, I reserve the balance bad and it is unfairly biased against So I appeal to the chairman, and I of my time. the White House. certainly say to the leadership on my The CHAIRMAN. Is the gentleman Mr. OBEY. Mr. Chairman, how much side, that I thank them for their lead- from Wisconsin [Mr. OBEY] opposed to time do I have remaining? ership and I hope we can work many of the amendment? The CHAIRMAN. The gentleman these differences out. Mr. OBEY. I am, Mr. Chairman. from Wisconsin [Mr. OBEY] has 2 min- The CHAIRMAN. The gentleman The CHAIRMAN. The Chair recog- utes remaining. from California [Mr. MCKEON] has 3 nizes the gentleman from Wisconsin Mr. OBEY. Mr. Chairman, I yield minutes remaining. [Mr. OBEY] for 5 minutes. such time as he may consume to the Mr. MCKEON. Mr. Chairman, I yield 1 Mr. OBEY. Mr. Chairman, I yield my- gentleman from Texas [Mr. GREEN]. minute to the gentleman from Penn- self such time as I may consume, and I Mr. GREEN. Mr. Chairman, I join in sylvania [Mr. GOODLING]. rise in opposition to this amendment. the comments of my colleague from In- Mr. GOODLING. Mr. Chairman, I I do not support the amendment as it diana in my concern about the makeup thank the gentleman for yielding me stands because, while I certainly have of the commission. I am glad there is this time. no objection to reviewing ways to con- an agreement to fix it. First, I want to point out that this trol the cost of tuition in college, I I do have some concern, however. In commission idea was run by the admin- think that the makeup of the commis- fact, I was one of the original request- istration. The administration did not sion as it is presently constituted in ers of the GAO report when I served on ask for any more people and did not the gentleman’s amendment, frankly, the committee that the gentleman want any more people because they is a very unbalanced one, and I think from California chairs that detailed thought it was a congressional inves- because of that the commission would the increases in higher education last tigating committee, not an administra- have virtually no credibility as it now year. tive one. stands. I have some concern with the reduc- Second, I want to point out that Nonetheless, I am willing not to tion and where the money is coming there is $46 million in the FFEL admin- press this matter to a vote at this time from, the $849,000, in the Federal fam- istrative account. All we are asking is because of understandings that we have ily education loan administrative ac- for $650,000. There is $46 million there. reached with the majority on the com- count. I am concerned it will undercut Let me say there are two things we mittee that the makeup of this com- the Department of Education’s effort hear as we travel around on the reau- mission will be addressed in conference on debt collection efforts. thorization of this program. One, the to assure that we have an acceptable The FFEL administration currently parents say that if we let them keep balance by the time we leave con- funds a major portion of the Stafford more of their money, they will take ference. Perkins Data Systems contract, which care of financing. And the college peo- I know there is substantial concern processes default claims from lenders ple say over and over again, and this on this side of the aisle about both the and guaranty agencies and supports blows my mind, that the reason the source of the funding for that commis- the defaulted loan collection program. costs have gone up 200-and-some per- sion and the makeup of that commis- So that is why I am so concerned. cent for the cost of a college education, sion. I know typically in our process, if we and inflation has only gone up 70 per- Mr. Chairman, I yield such time as he provide additional oversight, for every cent and take-home pay 80 percent, is may consume to the gentleman from $1 we provide we get back $5 in debt because they have to have a sticker Indiana [Mr. ROEMER]. collection. But if we are taking away price and then they have to have a dis- Mr. ROEMER. Mr. Chairman, I thank $849,000, I worry, are we losing a cor- count price. the gentleman for yielding me this responding amount of $5 million in not What that has to do with the cost of time. having the $849,000? increasing college education blows my May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2725 mind. They ought to get rid of their think we have to be very careful how here to others. It is simply a plea for discount price and stick to their stick- we spend our money. But the problem equity to my colleagues in the Con- er price. has been outlined, and what we have gress, that they would treat another MCKEON. Mr. Chairman, I yield 1 done is tried to keep a small efficient small county on a small item in the minute to the gentleman from Dela- number in the Commission. We have bill but a very big item to that county. ware [Mr. CASTLE], the former Gov- seven people, four appointed by the ma- I hope my colleagues will support it. ernor of that State. jority, three appointed by the minor- Mr. Chairman, I rise today to offer an Mr. CASTLE. Mr. Chairman, I rise in ity. We think that we will be able to amendment which would make available up to support of the amendment. get the work done efficiently on a cost- $300,000 to reimburse Monroe County, MI for To help put this in perspective, I ob- effective basis and come back with costs associated with the crash this past Janu- tained Consumer Price Indexes for se- some ways that we can help to solve ary of Comair flight 3272, which claimed the lected items between 1984 and 1994. In this problem. lives of 29 passengers and crew. this 10-year timeframe, the price of ce- When Comair flight 3272 fell from the sky b 1515 reals increased by 34.8 percent, the late in the afternoon January 9, an emergency price of sirloin steaks increased by 37.5 I think it is something that the peo- situation befell local officials in Monroe Coun- percent, the price of coffee increased ple of this country are really paying ty, MI which called for immediate and swift re- by 40.4 percent, the price of housing in- attention to. They have real concerns, sponse. Like some counties its size, Monroe creased by 44.8 percent, the price of those who have students in college, County had trained personnel who performed transportation increased by 34.3 per- those who are students in college, ably and admirably in the hours following the cent, the price of energy by 4.6 percent, those who have children who will be crash. The first mission was to determine how medical care increased by 111 percent, going to college, something very im- to help the victims' that mission was quickly and the price of college tuition in- portant to the people of this Nation. I surpassed by the stark reality that there were creased by 149 percent. urge all Members to support this no survivors. At that point attention was turned Clearly, the issue of rising tuition as amendment. to the grim task of victim and wreckage recov- it relates to affordable higher edu- The CHAIRMAN. The question is on ery, along with the collection of data and other cation needs serious and careful consid- the amendment offered by the gen- clues to determine the cause of the accident. eration. H.R. 914 would do this. It tleman from California [Mr. MCKEON]. For the first few hours after the tragedy, would lay out the problem for us and The amendment was agreed to. local authorities took control of the scene and the solutions, and I encourage each and The CHAIRMAN. It is now in order to attempted to secure the site. After several every one of us to support it and to consider amendment No. 3 printed in hours, Federal officials from the National help all of our young people get a col- House Report 105–97. Transportation Safety Board [NTSB] arrived in lege education. AMENDMENT OFFERED BY MR. DINGELL Monroe County and took command of recov- Mr. BARRETT of Nebraska. Mr. Chairman, Mr. DINGELL. Mr. Chairman, I offer ery and investigation efforts over the next sev- I rise in support of Mr. MCKEON's amendment an amendment. eral days. Much of their work was performed to authorize the establishment of the National The CHAIRMAN. The Clerk will des- outdoors under extremely cold and windy con- Commission on the Cost of Higher Education, ignate the amendment. ditions, necessitating special efforts to procure and provide it with $650,000 in funding. The text of the amendment is as fol- mobile morgues, heaters, and other equipment It is important to note, of course, that Mr. lows: so Federal efforts could continue. MCKEON fully offsets the funding for this new Amendment No. 3 offered by Mr. DINGELL: Just a few weeks ago, I received from Mon- Commission by rescinding $849,000 from the page 23, line 2, insert before the period the roe County a summary of the costs associated Federal Family Education Loan Program ac- following: with the crash. It is important to note that count. We should also note that the House : Provided further, That, notwithstanding any some of the outstanding costs are subject to has actually already cleared an authorization other provision of law, of the unobligated continued negotiation with the airline and its balances under this heading from amounts insurance carrier. I believe very strongly that for this Commission with passage, under sus- made available in this or any other Act for pension of the rules this past Tuesday, of H.R. fiscal year 1997 or any prior fiscal year, Federal taxpayers should not be made liable 914, the Higher Education Technical Amend- $300,000 shall be made available to Monroe for costs legitimately belonging to air carriers, ments. County, Michigan, as reimbursement for and I hope that Comair and other air carriers Normally, I'm not thrilled with the idea of costs incurred in connection with the crash do not misconstrue this amendment to mean commissions as I said last Tuesday, in this of Comair Flight 3272 relief from their financial obligations to the vic- case, the fact that the Commission has to pro- The CHAIRMAN. Pursuant to House tims and families of air disasters. I have been vide Congress with its findings within 4 Resolution 149, the gentleman from informed that underwriters have recently been months, means Congress will have an oppor- Michigan [Mr. DINGELL] and a Member prevented from meeting with the NTSB by tunity to review its recommendations during opposed will each control 5 minutes. their air carrier clients. If true, such action con- our consideration of the Higher Education Act. The Chair recognizes the gentleman tradicts the intent of Congress, which had As I indicated earlier, since 1980, the cost from Michigan [Mr. DINGELL]. hoped that air carriers would be more respon- of 4-year public colleges and universities has (Mr. DINGELL asked and was given sive, not less responsive to families. If such a increased by 234 percent, and tuition at pri- permission to revise and extend his re- move signals a lack of cooperation on the part vate 4-year institutions has risen more than 8 marks.) of air carriers, Congress may have to send a percent annually. Mr. DINGELL. Mr. Chairman, I yield strongerÐand perhaps a more stringentÐsig- Yet the causes for these increased tuition myself 2 minutes. nal to the airlines to gain the cooperation we costs, and whether Federal policies or pro- Mr. Chairman, this is a very simple anticipated last year. grams contribute to these increases, are very amendment. There are $23 million to Last year Congress approved legislation, complex and deserve study. Parents and stu- cover two major air crashes which oc- the Aviation Disaster Family Assistance Act, dents deserve to know what can be done by curred in the United States, the which required the National Transportation colleges and universities, States, and the Fed- ValuJet crash in Miami and the TWA Safety Board to coordinate more help for air eral Government, to help bring these costs crash off Long Island. This would treat disaster victims and families. I was an early under control, before the dream of going to another crash in the same fashion, and strong supporter of this act, which be- college slips away from our best and brightest. making available $300,000 for the costs came law in response to many horror stories I congratulate Subcommittee Chairman incurred by the county of Monroe, a shared with Members regarding poor treat- MCKEON, full Committee Chairman GOODLING, small county in Michigan, for their co- ment of families by airline and airport person- for working to put the Commission to work so operation in terms of assistance, res- nel, government officials and lawyers. Thank- that we may have the product of that work, cue, search and other activities includ- fully, this new law corrects some of those during the debate on reauthorizing the Higher ing cleanup. abuses. However, we instructed the NTSB to Education Act later this year. It would treat Monroe no differently take on this mission without providing the Mr. MCKEON. Mr. Chairman, I yield than it would treat the other commu- funding necessary to support the new tasks, myself the balance of my time. nities and States which were involved while failing to make more clear the respon- Normally, I am against commissions. in cleanups of this kind and it would sibilities of air carriers and their underwriters I am a strong fiscal conservative, and I afford them no benefits not available following such disasters. H2726 CONGRESSIONAL RECORD — HOUSE May 15, 1997 The crash of Comair flight 3272 was the first The amendment was agreed to. head to assist housing used as temporary real test of the new family disaster assistance The CHAIRMAN. It is now in order to housing for families affected by such flood- law, and I would agree with those colleagues consider Amendment No. 4 printed in ing and disasters, the Secretary of Housing House Report 105–97. and Urban Development shall waive (during who have concerns about the manner in which the period, and to the extent, that such hous- the liability and cost issues are being settled. AMENDMENT NO. 4 OFFERED BY MR. THUNE ing is used for such temporary housing) the I believe that the proper authorizing commit- Mr. THUNE. Mr. Chairman, I offer an requirements that the housing meet the in- tee, working with the Appropriations Commit- amendment. come targeting requirements under section tee, should review the Comair case to deter- The CHAIRMAN. The Clerk will des- 214 of such Act, the requirements that the mine how to make certain the new law works ignate the amendment. housing qualify as affordable housing under as intended. Also very important is clarification The text of the amendment is as fol- section 215 of such Act, and the requirements to determine how disaster costs will be settled lows: for documentation regarding family income and housing status and shall permit families and paid by responsible parties in a consist- Amendment No. 4 offered by Mr. THUNE: to self-certify such information: Provided fur- ent, swift, and fair manner. Page 27, after line 23, insert the following: ther, That the Secretary of Housing and The legislation before us attempts to help COMMUNITY PLANNING AND Urban Development may make a grant from remedy the problem by providing more than DEVELOPMENT the amount provided under this head to re- $23 million in emergency assistance to com- COMMUNITY DEVELOPMENT BLOCK GRANTS store electrical and natural gas service to munities which have suffered these disasters. FUND areas damaged by the flooding and natural My amendment simply tries to make certain For an additional amount for ‘‘Community disasters: Provided further, That the entire that Monroe County is dealt with in a manner development block grants fund’’ as author- amount made available under this head is that is consistent with the existing situation. ized under title I of the Housing and Commu- designated by the Congress as an emergency nity Development Act of 1974, $500,000,000, to requirement pursuant to section Mr. Chairman, when disaster struck Monroe 251(b)(2)(D)(i) of the Balanced Budget and County in January, local officials and citizens remain available until September 30, 2000, for use only for buy-outs, relocation, long-term Emergency Deficit Control Act of 1985, as responded in a selfless and heroic way to recovery, and mitigation in communities af- amended. come to the aid of those in need. This Sun- fected by the flooding in the upper Midwest Page 28, line 5, after the dollar figure in- day, a memorial service will be held in Monroe and other disasters in fiscal year 1997 and sert the following: (reduced by $500,000,000) to remember those who died, give comfort to such natural disasters designated 30 days the families, and provide a chance for those prior to the start of fiscal year 1997: Provided, The CHAIRMAN. Pursuant to House local people whose lives were touched by dis- That in administering these amounts, the Resolution 149, the gentleman from aster to reflect on a tragic experience. I be- Secretary may waive, or specify alternative South Dakota [Mr. THUNE] and a Mem- lieve that when the Federal Government plays requirements for, any provision of any stat- ber opposed will each control 5 min- ute or regulation that the Secretary admin- a role in addressing the needs and concerns utes. isters in connection with the obligation by The Chair recognizes the gentleman of aircraft accident victims' families, as called the Secretary or the use by the recipient of for in Federal law, we should not expect local from South Dakota [Mr. THUNE]. these funds, except for statutory require- Mr. THUNE. Mr. Chairman, I yield communities to pick up the tab. I would hope ments related to civil rights, fair housing myself such time as I may consume. and nondiscrimination, the environment, that Congress will show its support and soli- For those who have seen the extent darity with Monroe by making certain that Fed- and labor standards, upon a finding that such waiver is required to facilitate the use of of the damage in the Upper Midwest, in eral assistance pays for Federal requirements the States of South Dakota, Min- associated with investigating the Comair such funds, and would not be inconsistent with the overall purpose of the statute: Pro- nesota, and North Dakota, they will crash. vided further, That the Secretary of Housing understand the need for this amend- I urge my colleagues to support my amend- and Urban Development shall publish a no- ment. For many areas there they expe- ment to provide a small measure of assistance tice in the Federal Register governing the rienced a 500-year flood. to a county that responded without hesitation use of community development block grant Without question, the time to act is to the urgent requests for help from a Federal funds in conjunction with any program ad- now. $500 million may seem like a lot agency. Once that job is done, I look forward ministered by the Director of the Federal of money, but we are talking about a to sharing my views with the chairman and Emergency Management Agency for buyouts for structures in disaster areas: Provided fur- very extreme situation. We are also ranking member of the Transportation and In- talking about a people with a pioneer frastructure Committee so that disasters of the ther, That for any funds under this head used for buyouts in conjunction with any program spirit that ask only when in dire need. sort which struck Monroe County will be han- administered by the Director of the Federal They are now in dire need. dled with the utmost care, efficiency, and ac- Emergency Management Agency, each State The Federal Reserve Bank of Min- countability. or unit of general local government request- neapolis estimates the Red River Val- Mr. LIVINGSTON. Mr. Chairman, ing funds from the Secretary of Housing and ley of North Dakota and Minnesota has will the gentleman yield? Urban Development for buyouts shall submit sustained between $1.2 and $1.8 billion Mr. DINGELL. I yield to the gen- a plan to the Secretary which must be ap- in damages. Minnesota alone estimates tleman from Louisiana. proved by the Secretary as consistent with up to $375 million in damages as a re- the requirements of this program: Provided Mr. LIVINGSTON. Mr. Chairman, the sult of the flooding. gentleman is absolutely correct. Fair- further, That the Secretary of Housing and Urban Development and the Director of the In my State of South Dakota, the ness dictates that if we are going to do Federal Emergency Management Agency City of Watertown estimates damages this for the people in Florida after the shall submit quarterly reports to the House at over $60 million. Flooding there has devastating crash of ValuJet in Florida and Senate Committees on Appropriations forced 5,000 families from their homes. and if we are going to do it in New on all disbursement and use of funds for or The State of South Dakota has already York after the devastating crash of associated with buyouts: Provided further, tacked on an additional 3 cents per gal- TWA there, we ought to treat the gen- That, hereafter, for any amounts made avail- lon fuel tax to help address highway tleman’s district the same. We have no able under this head and for any amounts funding needs. objection to the gentleman’s amend- made available for any fiscal year under title The Speaker, after viewing the dam- I of the Housing and Community Develop- ment. ment Act of 1974 that are in communities af- age, asked me and other Members such Mr. OBEY. Mr. Chairman, will the fected by the flooding and disasters referred as the gentleman from North Dakota gentleman yield? to in this head for activities to address the [Mr. POMEROY], the gentleman from Mr. DINGELL. I yield to the gen- damage resulting from such flooding and dis- Minnesota [Mr. PETERSON], the gen- tleman from Wisconsin. asters, the Secretary of Housing and Urban tleman from Minnesota [Mr. RAMSTAD], Mr. OBEY. Mr. Chairman, let me say Development shall waive the requirement the gentleman from Minnesota [Mr. that on this side of the aisle we also under such title that the activities benefit GUTKNECHT], many of us who toured have no objection to the amendment persons of low- and moderate-income and the the area, to come up with a solution and are willing to accept it. requirements that grantees and units of gen- that might somehow deliver in the Mr. DINGELL. Mr. Chairman, I yield eral local government hold public hearings: Provided further, That, hereafter, for any most expeditious fashion assistance to back the balance of my time. amounts made available for any fiscal year the area that really needs it. Many The CHAIRMAN. The question is on under the HOME Investment Partnerships models were examined. the amendment offered by the gen- Act that are used in communities affected by Because of the demands of time, we tleman from Michigan [Mr. DINGELL]. the flooding and disasters referred to in this agreed that the most effective means May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2727 of delivering relief to those that need it to a vote as well, but let me simply RAMSTAD], the Speaker, the chairman would be through modifications to the suggest I do think there are some prob- and everybody else for helping on this. Community Development Block Grant lems with the gentleman’s amendment Mr. THUNE. Mr. Chairman, I yield program. The CDBG program would that are going to have to be fixed in myself such time as I may consume. allow Washington to get the tools of conference. I would also say to the gentleman recovery into the hands of State and I do not understand, for instance, from Wisconsin that we would be happy local officials to address their most im- why it was necessary to make a perma- to work with the gentleman in con- mediate and urgent needs. nent change in law, forcing the Sec- ferences to address concerns he might While the process brings important retary of HUD to waive the require- have. The objectives here is to get the streamlining provisions to disaster re- ment that HUD’s disaster assistance assistance as quickly as we can into lief, it does provide sufficient account- benefit only low and moderate income the hands of the people who need it, ability by requiring reports to be sub- persons. I am also concerned about with as much flexibility to the Gov- mitted from applicants. The amend- forcing the Secretary to waive the re- ernors and the local officials that are ment requires submission of a use and quirement to hold public hearings. I involved. recovery plan, quarterly reporting by am also concerned about what appears Mr. LEWIS of California. Mr. Chair- the Secretary of HUD and the Director to be an intent to allow HUD to make man, will the gentleman yield? Mr. THUNE. I yield to the gentleman of FEMA to House and Senate appro- grants, not loans, to privately owned from California [Mr. LEWIS], the distin- priations committees. for-profit utilities. Lastly, I am con- guished chairman of the Subcommittee CDBG provides a faster, more effi- cerned about what appears to be the in- on VA, HUD and Independent Agencies. cient approach to hazard mitigation. tent of the amendment to change the Mr. LEWIS of California. I very much The region of the country we are deal- longstanding process of assuring that appreciate my colleague yielding. ing with has an extremely short con- CDBG funds can be used to assist busi- I am rising really to compliment the struction season. The amount of work nesses damaged by disasters, to the ex- gentleman for the work that he is that must be done to rehabilitate the tent such businesses are declined loans doing, bringing the critical problem area is massive. The FEMA hazard by the SBA administration or because here to our attention the way he has. mitigation program has too much of a they need assistance above the SBA FEMA, under current law, has some time lag for people to rebuild. loan limits. difficulty in terms of providing the sort The CDBG would allow these commu- I do not want to hold up this amend- of money flows that are needed in this nities to complete their hazard mitiga- ment, so I will not object at this point, case. The gentleman has given us an tion plans. CDBG would also allow but I think that these are problems opportunity at least to solve this prob- State and local economic development that are going to have to be worked lem by way of the conference. We in- organizations to supplement aid to out, I would say to the gentleman, be- tend to review a number of the tech- small businesses, allowing them to give fore people are going to be com- nical questions that were raised by the hope to the thousands who have been fortable; in addition to the fact that I gentleman from Wisconsin. I want to out of work. think the money is taken out of what compliment the gentleman, the gen- The waivers that apply under our we would consider to be the wrong pot, tleman from North Dakota [Mr. amendment only apply to the disaster because it also means that FEMA will POMEROY] and the gentleman from relief effort outlined in this package. have less than $200 million available Minnesota [Mr. PETERSON] for their The waivers would also allow the Sec- for any pending hurricanes that occur work on this matter. retary of HUD to waive the traditional for the rest of the year which could Mr. RAMSTAD. Mr. Chairman, will reporting requirements. The waivers cause considerable problems to other the gentleman yield? would allow alternative reporting and parts of the country. Mr. THUNE. I yield to the gentleman compliance for this disaster situation Mr. Chairman, I yield 1 minute to the from Minnesota. only. gentleman from Minnesota [Mr. PETER- Mr. RAMSTAD. I thank the gen- Mr. Chairman, we have had the op- SON]. tleman for yielding. portunity to deal with the governors, Mr. PETERSON of Minnesota. Mr. Mr. Chairman, I rise in strong sup- the mayors, the officials from around Chairman, as I indicated earlier, our port of this amendment. When a group there as well as with the many people entire town of East Grand Forks has of us with the Speaker toured the dev- who have been affected. We have seen been under water. This is the residen- astated Red River Valley to see the the disaster firsthand. We need to act, tial area, where it shows the devasta- flood firsthand, the Speaker put it best and we need to act in an expeditious tion and all the belongings out on the when he said we need CDBG funding to fashion to get the money into the berm. allow these States and communities hands of those who really need it. I would also like to talk about the maximum flexibility to help home- They need flexibility. The governors business situation. One of the reasons owners and small businesspeople re- have asked for as much flexibility as we need this through an amendment is cover. He said we need CDBG funding possible in delivering this assistance so so we can have some flexibility to deal because we need to give funding to that they can fashion programs that with the problems we have in the busi- these people as boldly and rapidly and will, again, identify the highest needs. ness community. The entire business as efficiently as possible. We feel fully confident that we have community of East Grand Forks was Mr. Chairman, this means the Thune come up with a delivery mechanism under water, some of it for 2 weeks. amendment. Let us give local officials that will accomplish just that. Under the current FEMA program some more control and more resources Mr. Chairman, I reserve the balance there is really no way to deal with this to help these people recover from this of my time. situation because it is all loans, and flood of a century which literally de- The CHAIRMAN. Is there a Member these people, loans are not going to stroyed two cities. This flexibility is who rises in opposition? work for them. I can tell my colleagues absolutely necessary. Let us get help Mr. OBEY. Mr. Chairman, I must of business person after business person to them now without Washington confess some concerns about this where their inventory, their equipment strings attached. amendment. has been wiped out, they have got debt. Mr. OBEY. Mr. Chairman, I yield my- The CHAIRMAN. The gentleman There is no way, putting more debt on self 10 seconds. from Wisconsin is recognized for 5 min- top of that, that it is going to solve I would simply say that, again, we utes. their situation. support the idea of using CDBG money. Mr. OBEY. Mr. Chairman, I yield my- We need this CDBG money so we can The President requested this money self such time as I may consume. have the flexibility to rebuild these the right way. I think there are some Mr. Chairman, as I told the gen- communities. I very much encourage problems with this, but I hope we can tleman earlier, we tried in the full my colleagues to support this amend- correct it in conference. committee to provide funding for ment. I want to thank the gentleman Mr. Chairman, I yield 50 seconds to CDBG. We were asked to withhold, and from South Dakota [Mr. THUNE], the the gentleman from North Dakota [Mr. we have been. I will not press this issue gentleman from Minnesota [Mr. POMEROY]. H2728 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. POMEROY. I thank the gen- Indiana. My district was hard hit by the flood- statement made in paragraph (1) by the Con- tleman, the ranking member, for yield- ing of the Ohio River this March. President gress. (c) PROHIBITION OF CONTRACTS WITH PER- ing me this time. Clinton declared 13 river counties to be a fed- SONS FALSELY LABELING PRODUCTS AS MADE Mr. Chairman, it is impossible in 50 eral disaster area, and several communities IN AMERICA.—If it has been finally deter- seconds to describe what our area has were completely flooded out. mined by a court or Federal agency that any been hit with, but pictures tell 1,000 I have been working closely with local, state person intentionally affixed a label bearing a words. A flood. A flood of a 1,000-year and federal officials to assist homeowners and ‘‘Made in America’’ inscription, or any in- dimensions. A flood to the signposts, business owners adversely affected by the scription with the same meaning, to any causing more harm than one can pos- flooding. FEMA has already provided emer- product sold in or shipped to the United States that is not made in the United States sibly imagine. Water destroys every- gency relief for infrastructure repair in the im- the person shall be ineligible to receive any thing it touches, and so now the busi- pacted communities and has helped home- contract or subcontract made with funds nesses and the homes, virtually all of owners repair damaged housing or move to made available in this Act, pursuant to the the City of Grand Forks, 50,000 people, temporary shelter. debarment, suspension, and ineligibility pro- is devastated. I am concerned, however, about long-term cedures described in sections 9.400 through The second picture, anguish. This is a relief to communities and residents. Many con- 9.409 of title 48, Code of Federal Regulations. woman being evacuated from her home stituents have asked me about the possibility The CHAIRMAN. Pursuant to House in the dead of night. The anguish and of buyouts of their homes so that they can re- Resolution 149, the gentleman from the pain that these people have experi- locate permanently out of flood-prone areas. Ohio [Mr. TRAFICANT], and a Member enced defies description. This anguish Several hundred homes have been identified opposed, will each control 5 minutes. has given way to pain. Pain realizing for such buyouts, but federal and state relief The Chair recognizes the gentleman the permanent loss of business, perma- funds available for this purpose are inad- from Ohio [Mr. TRAFICANT]. Mr. TRAFICANT. Mr. Chairman, I nent loss of house, permanent loss of equate to address the problem. yield myself such time as I may possessions. The Thune amendment would help provide This cries out for a bipartisan re- consume. the necessary funds to complete buyouts in Mr. Chairman, there is an ad in a na- sponse. I so salute the gentleman from my district and in other districts throughout the tional magazine that said the Navy South Dakota [Mr. THUNE] for the central and upper Midwest affected by flooding Seals bring our knives on every one of work he has done. I appreciate the sup- this spring. The buyout program is an impor- their underwater missions; it is a Swiss port of the Speaker and the majority tant option to many residents in my district be- Army brand knife, and they say now leader, I appreciate the support of the cause it gives them an opportunity to start they will be carrying their sunglasses. appropriations chairman in bringing over again while limiting the government's ex- In addition to that, right out here, this matter before us. Please pass this posure in the event of future floods. the east side of the Capitol, the south amendment. Mr. Chairman, I commend the gentleman security gate, it is heated and cooled Mr. OBEY. Mr. Chairman, I yield the from South Dakota for his amendment. He has by a Mr. Slim unit made by Mitsubishi, balance of my time to the gentleman done an important service to his constituents who moved from San Diego to Mexico from North Carolina [Mr. PRICE]. and to others affected by recent flooding, in- and does not even make them in Amer- Mr. PRICE of North Carolina. Mr. cluding those in southern Indiana. I urge my ica. Chairman, I rise in support of the colleagues to support the amendment. It is a very simple little Buy Amer- Thune amendment. This transfer of The CHAIRMAN. All time has ex- ican. I am not going to take a lot of funds to the Community Development pired. time, but let me say this: Block Grant Program from FEMA will The question is on the amendment Wherever possible let us try and ex- help communities, including many in offered by the gentleman from South pand our American taxpayer dollars on North Carolina, complete the difficult Dakota [Mr. THUNE]. American goods, and, second of all, this task of cleaning up, rebuilding, and en- The amendment was agreed to. little provision says if someone tries to suring that destruction like what we The CHAIRMAN. It is now in order to sneak in an import with a fraudulent have just experienced does not happen consider amendment No. 5 printed in ‘‘made in America’’ label, they are again. the House Report 105–97. handcuffed to a chain link fence and FEMA funds are limited in their AMENDMENT NO. 5 OFFERED BY MR. TRAFICANT flogged. uses. When the Mississippi River flood- Mr. TRAFICANT. Mr. Chairman, I Mr. LIVINGSTON. Mr. Chairman, ed in 1994, CDBG funds were used to re- offer an amendment. will the gentleman yield? locate homes out of the flood plain and The CHAIRMAN. The Clerk will des- Mr. TRAFICANT. Mr. Chairman, I to allow people to start their lives ignate the amendment. yield to the distinguished gentleman again without fear of losing everything The text of the amendment is as fol- from Louisiana. again. There are still many unmet lows: Mr. LIVINGSTON. Mr. Chairman, I needs in North Carolina where CDBG thank the gentleman for his statement. Amendment No. 5 offered by Mr. TRAFI- He makes eminent sense, and we have funds can be used in conjunction with CANT: FEMA hazard mitigation funds to Page 51, after line 23, insert the following no objection to his amendment. Mr. OBEY. Mr. Chairman, will the avoid future disaster and heartbreak. new section: gentleman yield? BUY-AMERICAN REQUIREMENTS b 1530 Mr. TRAFICANT. I yield to the dis- SEC. 3003. (a) COMPLIANCE WITH BUY AMER- tinguished gentleman from Wisconsin, Mr. Chairman, I appreciate very ICAN ACT.—None of the funds made available much the gentlemen from North Da- in this Act may be expended by an entity un- the ranking member. kota and South Dakota writing this less the entity agrees that in expending the Mr. OBEY. Provided that the flog- amendment in such a way that those funds the entity will comply with the Buy ging occurs here on the floor, we have affected by Hurricane Fran can benefit American Act. (41 U.S.C. 10a–10c). no objection either, Mr. Chairman. Mr. TRAFICANT. Mr. Chairman, I from these funds, and I urge Members (b) SENSE OF CONGRESS; REQUIREMENT RE- have a picture, in closing out here, and to vote ‘‘yes’’ on this amendment. GARDING NOTICE.— (1) PURCHASE OF AMERICAN-MADE EQUIPMENT this was given to me by a page, Justin Mr. HAMILTON. Mr. Chairman, I rise in AND PRODUCTS.—In the case of any equipment Boyson, and I want to thank him. strong support of the amendment offered by or product that may be authorized to be pur- Mr. Chairman, I yield back the bal- the gentleman from South Dakota, Mr. Thune, chased with financial assistance provided ance of my time. to the Supplemental Appropriations bill. This using funds made available in this Act, it is The CHAIRMAN. If no Member rises amendment would redirect $500 million for the the sense of the Congress that entities re- in opposition, all time has expired. Community Development Block Grant (CDBG) ceiving the assistance should, in expending The question is on the amendment program to be used for buyouts, relocation, the assistance, purchase only American- made equipment and products. offered by the gentleman from Ohio long-term recovery, and mitigation in commu- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— [Mr. TRAFICANT]. nities affected by this year's devastating spring In providing financial assistance using funds The amendment was agreed to. floods and other recent disasters. made available in this Act, the head of each The CHAIRMAN. It is now in order to This funding will greatly assist with relief ef- Federal agency shall provide to each recipi- consider amendment No. 6 printed in forts in my congressional district in southern ent of the assistance a notice describing the the House Report 105–97. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2729 AMENDMENT NO. 6 OFFERED BY MR. NEUMANN the course of this bill, $5 billion will be were there under the section 8 provi- Mr. NEUMANN. Mr. Chairman, I shortfall in the checkbook; that is to sions. We need to make sure that these offer an amendment. say, $5 billion out of this bill will be senior citizens that I talked to and oth- The Clerk will designate the amend- passed on to the next generation. So ers like them all across this country ment. while we are doing something that is are not adversely affected as we go and The text of the amendment is as fol- fitting and proper, providing disaster do something good for these flood vic- lows: relief to the victims here, $5 billion of tims, as we are helping them. We can- Amendment No. 6 offered by Mr. NEUMANN: this money will be coming from future not go to one sector of our society and Page 28, line 5, after the dollar amount in- generations. If we look at the next 5- say we are going to take it away from sert the following: ‘‘(reduced by year window, the checkbook will be $2,387,677,000)’’. these seniors who need this section 8 Page 28, line 6, strike ‘‘$2,387,677,000’’ and overdrawn by $5 billion on account of money and send it over here to the all that follows through line 7. this bill, and that money will simply be flood victims. So we did restore the Page 35, strike lines 8 through 25. added on to the debt and then passed money that was taken out of section 8 Page 51, after line 23, insert the following on to our children. housing units. new section: So what this amendment does is The third thing this budget does, or FURTHER RESCISSIONS IN NONDEFENSE very, very straightforward. What this this amendment rather does, is very ACCOUNTS amendment does is it says OK to the straightforward. The balance of the SEC. 3003. (a) RESCISSION OF FUNDS.—Of the disaster relief, it is fitting and proper; money that is not paid for, we simply aggregate amount of discretionary appro- however, our generation must take on priations made available to Executive agen- say to the President go to nondefense cies in appropriation Acts for fiscal year 1997 the responsibility of paying for that discretionary funds and get the money. (other than for the defense category), flood disaster relief. If I could have that chart, please? $3,600,000,000 is rescinded. Again I would emphasize that this I would like to point out that in last (b) ALLOCATION AND REPORT.—Within 30 bill does not do anything to the flood year’s budget we had a 3.7 percent in- days after the date of enactment of this Act, disaster relief that is called for in this crease in nondefense discretionary the Director of the Office of Management bill. It provides full relief, as requested spending. The first year after the and Budget shall— by the President, including North Da- change in Congress, 1995, nondefense (1) allocate such rescission among the ap- kota, Minnesota, Kentucky, Oregon, propriate accounts in a manner that will discretionary spending went down. But achieve a total net reduction in outlays for the whole list that was provided. last year that changed all around. We fiscal years 1997 through 2002 resulting from I would also like to point out very spent a ton more money in nondefense such rescission of not less than $3,500,000,000; definitively that it does not affect any discretionary spending. and of the provisions relating to defense in So what our amendment is doing is (2) submit to the Committees on Appro- this bill. The amendment will correct simply saying, Mr. President, please go priations of the House of Representatives the bill so that our generation is pay- and the Senate a report setting forth such to that account where there were huge ing for aid to disaster victims rather sums of money spent last year and sim- allocation. than passing this expense on to our (c) DEFINITIONS.— ply take out the additional money nec- children. (1) The terms ‘‘discretionary appropria- essary so that we in our generation pay How do we do that? Well, there is a tions’’ and ‘‘defense category’’ have the re- for this disaster relief that we are as a couple of things. First thing we do is spective meanings given such terms in sec- government appropriately supplying tion 250(c) of the Balanced Budget and Emer- we do not advance fund FEMA. There for victims of floods around this Nation gency Deficit Control Act of 1985. is $2.8, $2.4 billion in this bill that lit- (2) The term ‘‘Executive agency’’ has the erally is advanced funding, money that of ours. So that is the third thing our meaning given such term in section 105 of cannot be spent between now and Sep- bill does. title 5, United States Code. tember 30 of this year no matter what All in all our bill results in our gen- The CHAIRMAN. Pursuant to House happens. So if there was another disas- eration paying for the money that is Resolution 149, the gentleman from ter tomorrow, it could not be used for being spent to provide disaster relief to Wisconsin [Mr. NEUMANN] and a Mem- that, and it cannot be used for the dis- flood victims around this country. ber opposed will each control 10 min- asters that have already occurred. The Mr. Chairman, I would just summa- utes. money cannot be obligated before Sep- rize once again that this bill does not The Chair recognizes the gentleman tember 30. This money belongs in next in any way affect the flood victims from Wisconsin [Mr. NEUMANN]. year’s appropriations bill. So the first around the Nation. The money asked Mr. NEUMANN. Mr. Chairman, I thing we do is eliminate that $2.4 bil- for in the supplemental is there. It does 1 yield myself 5 ⁄2 minutes. lion. not affect defense, but what it does do Mr. Chairman, I would like to begin I would add that when the President is it does pay for it out of the pockets by commending the chairman for put- sent the supplemental request up he of our generation as opposed to putting ting together a bill that I think is very did not request this $2.4 billion; so that this onto the debt that will be passed important and proper for the good of is the first thing we would do. on to our children. the future of this country. Certainly One might ask why would we advance Mr. LIVINGSTON. Mr. Chairman, I when we have disasters strike victims fund FEMA in this kind of a bill? Well, rise in opposition to the amendment of- in our Nation it is a proper and appro- the answer to that is pretty simple and fered by the gentleman from Wisconsin priate role of the U.S. Government to straightforward. In this bill it is classi- [Mr. NEUMANN]. help those flood victims and those dis- fied as emergency spending and does The CHAIRMAN. The gentleman aster victims throughout the country, not fall under government spending from Louisiana is recognized for 10 and I think the chairman has done a caps. So if it is funded here rather than minutes. very fine job of putting together a bill in the normal procedure through an ap- Mr. LIVINGSTON. Mr. Chairman, I that will provide disaster relief to propriation bill, it falls under the clas- yield myself 3 minutes. these disaster victims around the coun- sification of emergency and therefore Mr. Chairman, I thank the gentleman try. it does not fall under the caps that are for his presentation. I want to con- I would like to make it clear, how- applied in the future. gratulate him. He really is one of our ever, that I feel very strongly that Second thing this bill does is it re- more creative budgeteers, and he truly when this Government provides this stores the money that has been taken means it when he says he wants to get disaster relief to other people around out of section 8 HUD housing. Section this country on a paying basis. And I this Nation, people who are truly wor- 8 HUD housing is losing $3.8 billion in am reluctant to disagree with him on thy of receiving this disaster relief, budget authority under this bill, so the this one amendment, but I applaud his that I think is incumbent upon our second thing our amendment does is efforts because if we had more like generation to pay the bill for that dis- recognize that we have problems in sec- him, we would definitely be balancing aster relief, and that really is what tion 8 housing and that money is not our budget sooner rather than later. this amendment is all about. taken out. But for the RECORD, this bill is fully When we look at what happens in the I recently was in an apartment in paid for in budget authority as it cur- checkbook over the next five years in Racine, WI, and I met with people who rently is written. The Congressional H2730 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Budget Office scores the bill as fully funding for our young men and women cause keeping the power of the purse in paid for in budget authority, and that in Bosnia. Regardless of our position Congress rather than in the executive is no different from the way we have on whether we should be in Bosnia or branch is the difference between having paid for emergency spending over the not or regardless of our position on the a President and having a king. We do last 21⁄2 years, since January 3, 1994. $6.5 billion we have already spent not need any kings in this country. Everyone should know that this there, this additional money is needed Mr. NEUMANN. Mr. Chairman, I amendment strikes two-thirds of the because we are there, and both of these yield 1 minute to the gentleman from funding the bill provides for in FEMA. are very good intended. But that Florida [Mr. SCARBOROUGH], my good It simply fails to recognize that ever opened the door, and in slipped an addi- friend. increasing strains placed on the agency tional $3 billion, most of it in this ad- Mr. SCARBOROUGH. Mr. Chairman, as flood waters recede in the northern vanced funding for FEMA, something I thank the gentleman for yielding me plains States and costs associated with that should be considered later, and this time. that disaster rise daily. The amend- that alone is a good reason to vote for I do rise in support of the amendment ment eliminates roughly, if I got the the Neumann amendment. of the gentleman from Wisconsin [Mr. last figure correct, $2.7 billion or 1.6? But the real reason is that we have NEUMANN], but I feel compelled to re- Let me get the right figure. It elimi- an overshadowing reason of the $5 bil- spond to something that was said pre- nates $2.4 billion of the $3.6 billion that lion that according to the CBO is not viously. we provided in this bill for FEMA, al- paid for in offsets, and we are talking We keep hearing about how defense beit, as the gentleman has pointed out, about actually writing the checks, the spending has increased so much and in forward funding. But if we are ever outlays, versus the budget authority. how we are spending so much on de- expected to get ahead of these natural So we have this $5 billion that is hang- fense. The one statistic that we did not disasters, we must ensure FEMA has ing out there that is going to show up hear the gentleman from Wisconsin the funds available to pay for these on a bill for our children sometime in state is the fact that we are spending bills for disaster victims as well as for the future. less money as a percentage of our budg- future disasters in the very near fu- So I think we should pay as we go, I et on defense than at any time since ture. Costs are still coming in for the think that we should be frugal and we 1939, since before Pearl Harbor. I see existing disasters. They are going to be should fulfill the goals of our good in- that he is smiling, so he must have much larger in the current fiscal year tentions, but we should not do it at the read that statistic too. It is something than currently estimated. expense of our children. Therefore, I that scares me. Additionally, this amendment strikes think we should vote for the Neumann If I can also say that I think at this $3.6 billion, if I got the last change cor- amendment. time, when we are $5.4 trillion in debt, rect, in offsetting costs that the bill Mr. LIVINGSTON. Mr. Chairman, I we need to be as conservative as pos- provides and gives the President the yield 2 minutes to the gentleman from sible with the amount of money that authority to make the cuts, and I have Wisconsin [Mr. OBEY], the very distin- we spend. As CBO has scored this on to ask what we are doing here. Do we guished ranking minority member. outlays, it does cause a $5 billion in- really want President Clinton to make Mr. OBEY. Mr. Chairman, I would crease in the deficit. That is $5 billion the decisions on where to make the simply say that I think this amend- we cannot afford. Therefore, I stand cuts? Do we really want him to elimi- ment ought to be opposed because it is and I support the gentleman’s amend- nate, for example, the billion dollars or very selective in where it would save ment, and certainly hope the rest of half billion dollars local law enforce- the money. my colleagues will too. ment block grant the Republican ini- Evidently, the sponsors of the Mr. LIVINGSTON. Mr. Chairman, I tiative included in our Contract With amendment do not believe that there is yield 2 minutes to the gentleman from America? That is what he will do. He a dime’s worth of waste in the Penta- California [Mr. LEWIS], the very distin- will pick something like that. So I do gon, so they exempt that from reduc- guished chairman of the Subcommittee not think that this offer of authority tions. They allow huge spending to go on VA, HUD and Independent Agencies to the President makes sense. of the Committee on Appropriations. Our committee went to great lengths forward on the F–22. They neglect the fact that since 1989, when the Soviet Mr. LEWIS of California. Mr. Chair- to find real offsets in budget authority, man, I appreciate the chairman of the and they are listed in this bill, and I do Union fell apart, Russia has decreased its military budget by 75 percent; the Committee on Appropriations yielding not understand why anyone would sup- me this time. port an effort that does not define the United States has decreased its by at most 15 percent. They neglect the fact I would like to make two points. offset in cuts. We have no idea what First, the gentleman from Wisconsin programs or priorities would be cut that $11 billion was added last year to [Mr. NEUMANN] and I serve on the sub- under this amendment, and there are the President’s budget by the Defense Department, and they neglect the fact committee together that involves no specifics in the amendment. FEMA funding. He knows very well So I would have to reluctantly, once that if nondefense discretionary was as that within our subcommittee we take again, oppose the amendment for those high as it had been at its peak in this a back seat to nobody in terms of our reasons and again because it restricts country, it would be 50 percent higher commitment to balancing the budget the authority to do exactly what the as a percentage of gross domestic prod- whole purpose of this bill is, and that is uct than it is today. over time. Indeed, in every one of our to provide disaster relief. Let me simply say that I would urge accounts we have been very tough as Mr. Chairman, I reserve the balance opposition to this amendment. It also we go forward with attempting to re- of my time. seems to me that it is ill-advised for duce the rate of growth of government. Mr. NEUMANN. Mr. Chairman, I the Congress to turn total determina- The difficulty with this specific yield 2 minutes to the gentleman from tion as to which accounts are going to amendment, however, is that it ad- Kansas [Mr. TIAHRT], my good friend. be reduced over to a nonelected bureau- dresses one of those agencies within Mr. TIAHRT. Mr. Chairman, I thank crat in the OMB. I see no reason why our bill that frankly has done the best the gentleman for yielding the time. Mr. Raines at OMB should be given the job of reorganizing itself and attempt- In this Congress we set to do a couple authority, without any kind of con- ing to get its own budgetary house in of good things with very good inten- gressional check whatsoever, simply to order. Indeed, with the last amendment tions. First of all, we wanted to provide decide that that program is going to go that we passed, the Thune amendment, some disaster relief to those who were and that program is going to stay. if we adopted this amendment, that caught up in this year’s disasters, and would take the emergency account b this help is gravely needed, and the 1545 down to $700 million and put us in a po- compassion of this country really That to me is the ultimate abdica- sition where, at the very time when reaches out to try to help those in tion of responsibility to control the America should be coming together on need. power of the purse. The Congress was behalf of those people who are im- The second thing that we wanted to given the power of the purse in the pacted by these floods, we would be un- do is to provide some supplemental Constitution for one simple reason, be- dermining that opportunity and that May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2731 responsibility by way of this amend- and what we are really suggesting here $5.7 billion disaster assistance bill, and ment. is that the President apply a mini-line- reimbursement of Bosnia for another $2 So it is with great reluctance and a item veto to apply the appropriate off- billion. We have to deal with the real continuing commitment to moving to- sets, so that as our generation does figures if we are going to debate this wards balancing the budget, but with what is right and supplies the nec- issue properly on the floor. great reluctance, I must oppose very essary flood victim relief to the places Apart from that, the bill is paid for, strongly the Neumann amendment. around this country that truly need it, it is a good bill. I urge the defeat of Mr. NEUMANN. Mr. Chairman, I that we in our generation also accept this amendment and the passage of the yield 1 minute to the gentleman from the responsibility to pay for it. That is bill. Oklahoma [Mr. LARGENT]. really what this amendment is all The CHAIRMAN. All time has ex- Mr. LARGENT. Mr. Chairman, I about. pired. thank the gentleman for yielding me Mr. Chairman, I yield back the bal- The question is on the amendment this time. ance of my time. offered by the gentleman from Wiscon- I just want to remind all of my col- Mr. LIVINGSTON. Mr. Chairman, I sin [Mr. NEUMANN]. leagues that what we are about to vote yield myself the balance of my time. The question was taken; and the on, not the amendment that Mr. NEU- Mr. Chairman, as the gentleman has Chairman announced that the noes ap- MANN is offering, which I support, but pointed out, his well-intentioned peared to have it. the emergency supplemental bill, is amendment attempts to get the fiscal RECORDED VOTE just that. We are talking about making problems of this country under control Mr. NEUMANN. Mr. Chairman, I de- an appropriation for emergencies. by cutting the amendment that we are mand a recorded vote. Now, our President, who is not here to provide to the Federal Emer- A recorded vote was ordered. known for his fiscal restraint, has gency Management Administration, so The vote was taken by electronic de- asked for $5 billion for emergency sup- that they might not be able to ade- vice, and there were—ayes 100, noes 324, plemental spending. The Republicans quately pay the bills incurred by the not voting 9, as follows: in Congress have upped the ante. We people who have been devastated by [Roll No. 132] have raised the ante on the President’s floods and other natural disasters. request of $5 billion to $8 billion. We It seems to me that if we are going to AYES—100 are outspending the President. Why? have a disaster relief bill, if we are Armey Gekas Petri Bachus Graham Pickering Because we are adding a lot of things going to make the taxpayer the ulti- Ballenger Gutknecht Portman that are not, clearly are not, emer- mate insurer of the last resort, then we Barr Hefley Radanovich gencies. better also be prepared to pay the bills, Bartlett Hill Rohrabacher We just approved on a voice vote a and that is all this bill tries to do. It Barton Hilleary Royce Bass Hoekstra Ryun commission to study higher education. would eliminate some of the rescis- Bliley Hostettler Salmon Why is that an emergency? I do not un- sions, even though the gentleman says Brady Hulshof Sanford derstand that. that we want to pay for all of the Bryant Inglis Scarborough I want to tell my colleagues that in Burr Istook Schaefer, Dan money that we are outlaying so that Burton Johnson, Sam Schaffer, Bob Tulsa, Oklahoma, $8 billion is still a the bill is ultimately budget-neutral, Camp Jones Sensenbrenner lot of money. People have to work and I am not sure exactly how that Campbell Kasich Sessions very, very hard to send $8 billion in makes us more budgetarily responsible, Cannon Kingston Shadegg Castle Klug Shays their taxes to Washington, D.C. so I oppose the amendment on that Chabot Largent Smith (MI) I urge all of my colleagues to con- score. Christensen Lazio Snowbarger sider the fact that what we are talking Finally, he would propose a new re- Coble Leach Solomon about is an emergency supplemental scission, though, allowing the Presi- Coburn Linder Souder Collins Lipinski Stearns and support the Neumann amendment. dent to make undetermined cuts where Crane Manzullo Stump Mr. LIVINGSTON. Mr. Chairman, I he deems appropriate. Well, I thought Crapo McInnis Sununu have no requests for time, and I reserve it was the job of the U.S. Congress, the Cubin McIntosh Talent Deal Meehan Taylor (NC) the balance of my time and the right to House and the Senate working jointly, DeLay Metcalf Thornberry close. to control the budget strings of this Doolittle Miller (FL) Tiahrt Mr. NEUMANN. Mr. Chairman, I Nation. That is what it says in the Duncan Moran (KS) Upton yield myself the balance of my time. Constitution of the United States, not English Myrick Watts (OK) Ensign Neumann Weldon (FL) Mr. Chairman, while there are a lot simply to advocate a responsibility and Ewing Norwood White of issues to be addressed here, I guess turn it over to the President of the Foley Nussle Young (AK) the first and the most important is, we United States to do the job. Mr. Clin- Franks (NJ) Paul as a generation have to make a deci- ton would love to do the job, but I do Ganske Paxon sion, when we do something that is not think we should give him that au- NOES—324 right and proper, like flying flood relief thority. Abercrombie Boswell Danner to victims around this Nation, whether So I reluctantly oppose this amend- Ackerman Boucher Davis (FL) or not it is our generation’s respon- Aderholt Boyd Davis (IL) ment because this is a disaster relief Allen Brown (CA) Davis (VA) sibility to pay for it. The disagreement bill. This is a bill to provide for men Archer Brown (FL) DeFazio between myself and the committee and women and children who have been Baesler Brown (OH) DeGette Chairman is budget authority versus thrown out of their homes for whatever Baker Bunning Delahunt Baldacci Buyer DeLauro outlays, which out in America prob- reason, tornadoes, earthquakes, and Barcia Callahan Dellums ably does not make a lot of difference, devastating floods in the midsection of Barrett (NE) Calvert Deutsch but what we are really talking about this country. Barrett (WI) Canady Diaz-Balart here is looking at the checkbook. And Let us not get torn up over the fine Bateman Capps Dickey Becerra Cardin Dicks when we look at the checkbook, if this points of the budget process. This bill Bentsen Carson Dingell bill passes as written, it will be $5 bil- is paid for in budget authority. We can Bereuter Chambliss Dixon lion overdrawn at the end of 5 years get encumbered on the difference be- Berman Clay Doggett Berry Clayton Dooley and that will be passed down to our tween budget authority and outlays. Bilbray Clement Doyle children. The fact is, if we eliminate the budget Bilirakis Clyburn Dreier I would just add one more thing, and authority, that budget authority Bishop Combest Dunn that is, the precedent of asking the ceases to exist and that money will not Blagojevich Condit Edwards Blumenauer Conyers Ehlers President to go into the nondefense be expended, and therefore, this bill is Blunt Cook Ehrlich discretionary spending and find the ap- paid for. This does not add to the over- Boehlert Cooksey Emerson propriate offsets is not exactly some- all bill. Boehner Costello Engel Bonilla Coyne Eshoo thing this body has not already dealt By the way, the gentleman from Bonior Cramer Etheridge with. We have already given the Presi- Oklahoma who spoke here a little Bono Cummings Evans dent something called line-item veto, while ago had his figures wrong. It is a Borski Cunningham Everett H2732 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Farr LaHood Rangel The CHAIRMAN. It is now in order to ant to this title shall be charged to the ap- Fattah Lampson Regula consider amendment No. 7 printed in plicable appropriation, fund, or authoriza- Fawell Lantos Reyes tion whenever a regular appropriation bill or Fazio Latham Riggs the House Report 105–97. a joint resolution making continuing appro- Filner LaTourette Riley AMENDMENT NO. 7 OFFERED BY MR. GEKAS Flake Levin Rivers priations until the end of fiscal year 1998 pro- Foglietta Lewis (CA) Rodriguez Mr. GEKAS. Mr. Chairman, I offer an viding for that program, project, or activity Forbes Lewis (GA) Roemer amendment. for that period becomes law. Ford Lewis (KY) Rogan The Clerk will designate the amend- INITIATING OR RESUMING A PROGRAM, PROJECT, Fowler Livingston Rogers ment. OR ACTIVITY Fox LoBiondo Ros-Lehtinen Frank (MA) Lofgren Rothman The text of the amendment is as fol- SEC. 406. No appropriation or funds made Frelinghuysen Lowey Roukema lows: available or authority granted pursuant to Frost Lucas Roybal-Allard Amendment No. 7 offered by Mr. GEKAS: this title shall be used to initiate or resume Furse Luther Rush On page 51, after line 23, add the following any program, project, or activity for which Gallegly Maloney (CT) Sabo appropriations, funds, or other authority Gejdenson Maloney (NY) Sanchez new title: were not available during fiscal year 1997. Gephardt Manton Sanders TITLE IV—PREVENTION OF Gibbons Markey Sandlin GOVERNMENT SHUTDOWN PROTECTION OF OTHER OBLIGATIONS Gilchrest Martinez Sawyer SHORT TITLE SEC. 407. Nothing in this title shall be con- Gillmor Mascara Saxton strued to effect Government obligations Gilman Matsui Schumer SEC. 401. This title may be cited as the mandated by other law, including obliga- Gonzalez McCarthy (MO) Scott ‘‘Government Shutdown Prevention Act’’. Goode McCarthy (NY) Serrano tions with respect to Social Security, Medi- Goodlatte McCollum Shaw CONTINUING FUNDING care, Medicaid, and veterans benefits. Goodling McCrery Sherman SEC. 402. (a) If any regular appropriation DEFINITION Gordon McDade Shimkus bill for fiscal year 1998 does not become law SEC. 408. In this title, the term ‘‘regular Goss McDermott Shuster prior to the beginning of fiscal year 1998 or a Granger McGovern Sisisky appropriation bill’’ means any annual appro- joint resolution making continuing appro- Green McHale Skaggs priation bill making appropriations, other- Greenwood McHugh Skeen priations is not in effect, there is appro- wise making funds available, or granting au- Gutierrez McIntyre Slaughter priated, out of any moneys in the Treasury thority, for any of the following categories Hall (OH) McKeon Smith (NJ) not otherwise appropriated, and out of appli- of programs, projects, and activities: Hall (TX) McKinney Smith (OR) cable corporate or other revenues, receipts, Hamilton McNulty Smith (TX) (1) Agriculture, rural development, and re- and funds, such sums as may be necessary to lated agencies programs. Hansen Meek Smith, Adam continue any program, project, or activity Harman Menendez Smith, Linda (2) The Departments of Commerce, Justice, Hastert Millender- Snyder for which funds were provided in fiscal year and State, the judiciary, and related agen- Hastings (FL) McDonald Spence 1997. cies. Hastings (WA) Miller (CA) Spratt (b) Appropriations and funds made avail- (3) The Department of Defense. Hayworth Minge Stabenow able, and authority granted, for a program, (4) The government of the District of Co- Herger Mink Stark project, or activity for fiscal year 1998 pursu- lumbia and other activities chargeable in Hilliard Moakley Stenholm ant to this title shall be at 100 percent of the Hinchey Mollohan Stokes whole or in part against the revenues of the rate of operations that was provided for the District. Hinojosa Moran (VA) Strickland program, project, or activity in fiscal year Hobson Morella Stupak (5) The Departments of Labor, Health, and Holden Murtha Tanner 1997 in the corresponding regular appropria- Human Services, and Education, and related Hooley Nadler Tauscher tion Act for fiscal year 1997. agencies. Horn Neal Tauzin (c) Appropriations and funds made avail- (6) The Departments of Veterans Affairs Houghton Nethercutt Taylor (MS) able, and authority granted, for fiscal year and Housing and Urban Development, and Hoyer Ney Thomas 1998 pursuant to this title for a program, sundry independent agencies, boards, com- Hunter Northup Thompson project, or activity shall be available for the missions, corporations, and offices. Hutchinson Oberstar Thune period beginning with the first day of a lapse Hyde Obey Thurman (7) Energy and water development. Jackson (IL) Olver Tierney in appropriations and ending with the earlier (8) Foreign assistance and related pro- Jackson-Lee Ortiz Torres of— grams. (TX) Owens Towns (1) the date on which the applicable regular (9) The Department of the Interior and re- Jefferson Oxley Traficant appropriation bill for fiscal year 1998 be- lated agencies. Jenkins Packard Turner comes law (whether or not that law provides (10) Military construction. John Pallone Velazquez for that program, project, or activity) or a (11) The Department of Transportation and Johnson (CT) Pappas Vento continuing resolution making appropriations Johnson (WI) Parker Visclosky related agencies. Johnson, E. B. Pascrell Walsh becomes law, as the case may be; or (12) The Treasury Department, the U.S. Kanjorski Pastor Wamp (2) the last day of fiscal year 1998. Postal Service, the Executive Office of the Kaptur Payne Waters TERMS AND CONDITIONS President, and certain independent agencies. Kelly Pease Watt (NC) (13) The legislative branch. Kennedy (MA) Pelosi Waxman SEC. 403. (a) An appropriation of funds Kennedy (RI) Peterson (MN) Weldon (PA) made available, or authority granted, for a The CHAIRMAN. Pursuant to House Kennelly Peterson (PA) Weller program, project, or activity for fiscal year Resolution 149, the gentleman from Kildee Pickett Wexler 1998 pursuant to this title shall be made Pennsylvania [Mr. GEKAS] and a Mem- Kilpatrick Pitts Weygand available to the extent and in the manner Kim Pombo Whitfield ber opposed will each control 15 min- which would be provided by the pertinent ap- utes. Kind (WI) Pomeroy Wicker propriations Act for fiscal year 1997, includ- King (NY) Porter Wise The Chair recognizes the gentleman ing all of the terms and conditions and the Kleczka Poshard Wolf from Pennsylvania [Mr. GEKAS]. Klink Price (NC) Woolsey apportionment schedule imposed with re- Knollenberg Pryce (OH) Wynn spect to the appropriation made or funds (Mr. GEKAS asked and was given Kolbe Quinn Yates made available for fiscal year 1997 or author- permission to revise and extend his re- Kucinich Rahall Young (FL) ity granted for the program, project, or ac- marks.) LaFalce Ramstad tivity under current law. Mr. GEKAS. Mr. Chairman, I yield NOT VOTING—9 (b) Appropriations made by this title shall myself such time as I may consume. be available to the extent and in the manner Andrews Hefner Schiff Before us now is legislation that which would be provided by the pertinent ap- Chenoweth Mica Skelton would prevent a government shutdown propriations Act. Cox Molinari Watkins during the current fiscal year. It is COVERAGE really a test of our wills as to whether b 1615 SEC. 404. Appropriations and funds made or not we will be adopting this propo- Messrs. HORN, COOKSEY, and available, and authority granted, for any sition. We know what a shutdown can program, project, or activity for fiscal year MOAKLEY changed their vote from 1998 pursuant to this title shall cover all ob- do to our people. We know that a shut- ‘‘aye’’ to ‘‘no’’. ligations or expenditures incurred for that down is very costly to the taxpayers. Messrs. BURTON of Indiana, STUMP, program, project, or activity during the por- We know that a shutdown will leave McINTOSH, and CRANE changed their tion of fiscal year 1998 for which this title people in hospitals unattended. We vote from ‘‘no’’ to ‘‘aye.’’ applies to that program, project, or activity. know that a shutdown will cause late So the amendment was rejected. EXPENDITURES delivery if there is any delivery at all The result of the vote was announced SEC. 405. Expenditures made for a program, of payment of benefits to veterans. If as above recorded. project, or activity for fiscal year 1998 pursu- we do not pass this legislation, we are May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2733 risking again a 100 percent cut, a 100 Year 1998, the absence of a regularly passed It rewards lack of hard choices by the percent cut in the delivery of benefits appropriations bill or a continuing resolution. Congress. And it says that if we do not that this Congress is bound to do at Since my election to the House of Rep- make choices and do not get an appro- this or any other fiscal year. resentatives in 1982, I have witnessed eight priation bill passed, that every pro- So those who oppose the Gekas government shutdowns. The worst of which gram in that bill winds up being funded amendment on the basis that somehow, occurred when our soldiers were poised for at last year’s level. That means even if because we stay at 100 percent of the battle in the Persian Gulf. It was at this time there is a large consensus in this Con- levels of last year’s budget, that some- that I introduced my first government shut- gress that a number of programs ought how magically that is a cut, that is down prevention bill, what I referred to as an to be cut well below last year’s level in atrocious. The cut would occur if we do ``instant replay'' mechanism. At the time, I order to fund more well-deserving pro- not pass legislation and a shutdown knew I was facing an uphill battle in a long grams, it means that we are not going would occur. war. After all, the threat of a shutdown is one to be able to get it done. The fiscal realities may not be of the most effective weapons in the Congres- Let us say we had the fifth year of enough to convince Members that they sional arsenal. the budget agreement between the ought to adopt this amendment, but I However, I remained vigilant with the image White House and the Congress on the ask them, as a matter of honor, as a in my mind of our fighting men and women floor today, and let us say that we were matter of duty, as a matter of the right ready to sacrifice their lives as they stood therefore facing a $30 billion reduction thing to do, to look back at the fall of poised for Operation Desert Storm without an in domestic discretionary spending re- 1990, when at the height of the amass- operating government for which to fight. I quired by that budget. ing of our troops in Desert Shield, with pledged never to let that happen again. The fact is, if we did not pass appro- our young people literally with musket Today, I proudly stand ready to fulfill that priation bills to accomplish that, this in hand prepared to do battle in the pledge as the House prepares to approve the would require us to produce bills far forthcoming Desert Storm, our govern- Government Shutdown Prevention Act now above the spending levels that this ment shut down. What a disgrace. before us, so that we can send a clear mes- House wants to agree to in that ar- It brings shame upon the shoulders of sage to the American people that we will no rangement. I do not think that is what every American citizen to allow its longer allow them to be pawns in budget dis- we mean to do, but that is the prac- own Government to shut down. Could putes between Congress and the White tical effect of it. Benjamin Franklin and the others in House. This amendment is the single-most 1789 who established a Government for Mr. Chairman, without question, the time for significant thing the House could do to all time, they established it for all enactment of my Government Shutdown Pre- ensure dumbing down of the Federal time, to last forever, can they in their vention Act is now. We need to restore the Government and the entire budget and their memories countenance a public's faith in its leaders by showing that we process, because what it says is, if you shutdown of this institution for even 5 have learned from our mistakes. I ask for its cannot get agreement between the minutes? Our Government to shut adoption and urge all members, Republican President and the Congress on any spe- down? and Democrat, to vote for its passage, and es- cific appropriation bill, then all of the What if there is a shutdown that oc- pecially urge the President to sign this ``good programs in that bill have to be funded curs and a terrible flood or hurricane government'' reform measure. at last year’s level, period. That means Mr. Chairman, I reserve the balance should occur again like the ones we we cannot increase the ones that we of my time. have just witnessed in the Midwest? We The CHAIRMAN. Does a Member agree ought to be increased. That are caught without any Members in seek the time in opposition to the means we cannot cut the ones that their seats, without any bureaus ready amendment? ought to be cut. That, to me, simply to do action and calamities even worse Mr. OBEY. I do, Mr. Chairman. says we are just going to quit thinking, than the ones we have seen could The CHAIRMAN. The gentleman we are going to enshrine the status occur. from Wisconsin [Mr. OBEY] will control quo. It is our duty to try to prevent the 15 minutes. Now, if my colleagues think that is shutdown. I ask Members to vote in The Chair recognizes the gentleman smart, go ahead and vote for it. If they favor of this for the sake of the con- from Wisconsin [Mr. OBEY]. think it is not, then I would urge bipar- tinuance of our country’s Government. Mr. OBEY. Mr. Chairman, I yield my- tisan consideration against that propo- Mr. Chairman, today is a great day for the self 5 minutes. sition. I would also say that what this American people. Soon the House will be vot- Mr. Chairman, the Government did really does is to produce the ultimate ing to approve a measure of which all Ameri- not shut down 2 years ago because of blessing of the idea that we ought to cans can embrace and be proudÐmy ``Gov- some unhappy accident of governance. keep Washington just like it is. We are ernment Shutdown Prevention Act''. The Government was shut down be- not going to think about any of these Mr. Chairman, unfortunately, the image of cause a number of willful Members in- issues anymore. If we cannot reach the government shutdowns from the 104th dicated well ahead of time that it was agreement, then, OK, we have got a Congress remains etched in the mind of the their intention to do just that, to shut magic formula and we will just keep American citizen as shamefulÐand unneces- the Government down to make the going the way we have gone before and saryÐindicents in our nation's history. As tax- President of the United States bend to before and before. I do not think that is payers, they were incensed that the govern- their will. That is why the Government what we were sent here to do. ment would choose not to perform its essential shut down. I do not see why we ought to assure duties. As statesmen, we were all embar- If we do not want the Government that if we do not pass the Labor-HHS rassed to have forsaken our obligations to the shut down, then we simply have to be- bill and if we do not pass the energy American people. While the Republican Con- have more responsibly than the behav- bill that we ought to have to continue gress was blamed for the shutdowns, I believe ior that we saw 2 years ago. That is the every bureaucratic mess of a program we were all responsible for this disgraceful ex- way we avoid a Government shutdown. at the Department of Energy, but we hibition of failed governance: the House, the I find it amazing that in 1960, about will be precluded from doing what I Senate, Republicans, Democrats, and the 60 percent of all Government programs know the Republican chairman of the President. were discretionary. That meant you Labor-HHS subcommittee wants to do, Before us today is a message to the Amer- could think about them. Today, the which is to substantially increase fund- ican people. An affirmation, if you will, in the discretionary portion of the budget has ing for the National Institutes of form of an amendment which states that we, declined to about 30 percent. And the Health. We simply could not do that if the Congress, will not forsake the American practical effect of this amendment, if we adopt this prescription. people's trust to deliver essential government it is adopted, will be to produce a situ- This, in my view, also has one other services and allow for another shameful gov- ation in which we have zero portion of major problem. It will make it vir- ernment shutdown in this fiscal cycle. We will the Federal budget which is discre- tually impossible to deliver the disas- achieve this by voting for my amendment to tionary. What this amendment says is ter aid, which is the primary purpose of provide 100% of Fiscal Year 1997 spending that it rewards inaction by the Con- this bill, because this bill is going to be levels to continue through the end of Fiscal gress. vetoed if it contains this amendment, H2734 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and if it is vetoed, we are going to be Support the Gekas-Wynn-Solomon Mr. STEARNS. If the gentleman stuck till the cows come home before amendment. It will keep the Govern- would continue to yield, this goes back we can get another bill to the Presi- ment open and it will ensure that budg- to 1972. dent. et implementation is based on sound Mr. HOYER. Well, reclaiming my So I would simply urge my col- policy, not on the pressure of an expir- time, I do not want to analyze all those leagues, if they are interested in pro- ing clock. because I do not have the time. viding rapid emergency assistance to Mr. OBEY. Mr. Chairman, I yield 4 Senator STEVENS is well-motivated the people who need it, if they are in- minutes to the gentleman from Mary- and believes in this amendment, but I terested in retaining the ability of this land [Mr. HOYER.] fear, my friends, that there are many Congress to think about any remaining Mr. HOYER. Mr. Chairman, I rise and on this House floor who believe this is budgetary programs, they will turn I wish I knew what I should say. The the best they can get politically, freez- this amendment down. policy that the gentleman articulates ing at last year’s level with no RIF Mr. GEKAS. Mr. Chairman, I yield 1 is a good policy. My colleague from protection for Federal employees. That minute to the gentleman from Wiscon- Maryland, Mr. WYNN, has cosponsored is what I fear, and that it will give sin [Mr. KLECZKA]. this amendment. I have stood for this them the opportunity and excuse not Mr. KLECZKA. Mr. Chairman, first premise since 1981; that we ought not to pass appropriation bills and not of all, I would like to indicate that I re- to inadvertently shut down the peo- have to pay the price of following their spectfully disagree with my colleague ple’s government; that we ought not to, policy of shutting down government for from Wisconsin, [Mr. OBEY]. Never in because we could not reach political which we paid such a dear price in No- my legislative career would I have consensus, have government shut vember and January of 1995 and 1996. thought that I would hear the gen- down. And in point of fact, we never That, my friends, is my fear on be- tleman from Wisconsin [Mr. OBEY] did that until 1995. half of Federal employees, on behalf of making arguments, Republican argu- My friend and very sincere colleague, the operations of this government, on ments, against a good amendment. whose motives I question not a whit, behalf of doing our job in a responsible But, nevertheless, today we have heard he is honest in his presentation on this fashion. that happen. issue, but in 1990 we shut the govern- Neither party comes with clean Let me say, Mr. Chairman, we can ment down because George Bush was hands to this. I agree with my col- continue pointing fingers as to who angry that we did not pass, because he league from Florida, neither party was to blame for the last shutdown. did not get his own party’s support, a comes with clean hands. All have been But the fact of the matter is, as the au- deficit reduction package. So he re- willing to play chicken in the appro- thor, the gentleman from Pennsylvania fused to sign the bill and Federal em- priations process and put at risk Fed- [Mr. GEKAS], indicated, it cost the tax- ployees were on the street for 36 hours. eral employees and those who receive payers $1 billion more, so we did not That was the longest shutdown prior to services from the Federal Government. save a red cent. 1995. Mr. GEKAS. Mr. Chairman, I yield 2 We heard our constituents who were But in 1995, specifically in April, the minutes to the gentleman from Mary- part of this finger-pointing, who were Speaker of the House of Representa- land [Mr. WYNN]. part of this partisan debacle. Veterans tives, NEWT GINGRICH, said I am going Mr. WYNN. Mr. Chairman, I thank who were ready to close on their homes to put our Government at risk and let the gentleman from Pennsylvania for got denied. Constituents of mine who us see what the President does. He said yielding me this time and also for his were applying for a visa with non- further that the President clearly leadership on this issue. I rise in strong refundable flight tickets lost their cared much more than he and his col- support of the Gekas amendment. I money on those flights. So a shutdown leagues about government’s operation. joined him in this amendment because serves no good purpose. So as a policy to threaten and leverage it is the right thing to do. Let me indicate to the membership the President of the United States, this My fellow colleagues, public employ- that in Wisconsin we have a similar Government was shut down for 6 days ees do not care about our negotiating law, we have an automatic CR for the and then for 22 days. Twenty-eight leverage and our negotiating positions State of Wisconsin which precludes days. Eight times longer than it had and our personal biases. Taxpayers who cannot get into parks, who cannot get this from happening. In my legislative ever been shut down before in history. passports, who cannot get fundamental days, it kicked in once. It provided for And now we have a very well-directed services do not care about which side uniformity. amendment on the floor. I may even Mr. OBEY. Mr. Chairman, how much vote for it. But I want to tell my col- has leverage nor about which side is at time is remaining on both sides? leagues this will not be a vote in which fault. What they care about is respon- The CHAIRMAN. The gentleman employee unions will score. I tell my sible government. And responsible government is gov- from Pennsylvania [Mr. GEKAS] has 11 colleagues that. Why? minutes remaining and the gentleman Mr. STEARNS. Mr. Chairman, will ernment that is open, functioning and ready to do business, ready to do the from Wisconsin [Mr. OBEY] has 10 min- the gentleman yield? people’s business. This amendment will utes remaining. Mr. HOYER. I yield to the gentleman Mr. GEKAS. Mr. Chairman, I yield 1 from Florida. enable us to keep the government run- minute to the gentleman from Iowa Mr. STEARNS. Mr. Chairman, I ning, and that is the right thing to do, would advise the gentleman that I have regardless of which party we are in. [Mr. GANSKE]. Mr. GANSKE. Mr. Chairman, I rise in here that under the leadership of the Now, there are a lot of people run- strong support of the Gekas-Solomon- Democrats, they shut the Government ning to the well and saying if we do Wynn amendment. Regardless of down 17 times. I have the list right this we will lock in cuts to education whether the budget resolution passes here, and the gentleman is welcome to and to WIC and a lot of important pro- next week or not, we still have to pass look at it. Is that not true? grams. That is simply not true. The appropriation bills. Mr. HOYER. Mr. Chairman, reclaim- fact of the matter is, this amendment I think the budget process is going to ing my time, I do not ascribe to the maintains the status quo. We can de- be a very long and difficult process. If gentleman any disingenuousness by bate our differences. We may want to my colleagues do not think so, I have a asking the question. He knows full well increase a program, we may want to Madison County, IA, covered bridge in that the Government was never once decrease a program. While we work my district that I will sell them. shut down by Democratic policy. Not that out, let us keep the government once. There were, clearly, disagree- up and running. That is what we are b 1630 ments and the President refused to supposed to do. That is what this At the end of the year, we will need sign bills. The President was President amendment accomplishes. to make sure that we have had time to Reagan. The President was President There is not going to be any lock-in produce the best possible budget pol- Bush. of cuts or anything like that. That is icy. We should not have to make deci- I would ask the gentleman, am I cor- simply misinformation. I find it very sions at the eleventh hour under the rect those 17 times occurred in the ironic that 2 years ago on the Demo- threat of a Government shutdown. 1980’s? cratic side every single Member rushed May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2735 down to this well and said, please, we $2 billion that has been spent in not have the majority support, it is need this continuing resolution. And Bosnia, we know absolutely for a fact easy to let them slide when we do not not 100 percent. They were willing to that the President will veto this meas- have to take the vote, when we do not accept 98 percent. I say this is a much ure with the Gekas amendment in it. have to be accountable to that minor- better continuing resolution. Whether we agree or disagree with ity point of view. I compliment my colleagues on the that, the fact is if we vote for this I think this is a terrible policy. I Republican side for their willingness to amendment we are slowing down des- think it is much like us giving up our compromise. A 100 percent continuing perately needed dollars to help people responsibility to our constituents. We resolution will accomplish our ends of rebuild their lives that have been vic- were sent here by our constituents to maintaining the government while we tims of floods. If we vote for this represent them. If we vote for this negotiate our differences, and that amendment, we are slowing down the amendment, what we are really saying makes common sense. funding of the Department of Defense, is take my vote and throw it away be- I want to tell my colleagues what which today is having to put off pro- cause it will not count anything for President Clinton said in 1996, or rath- grams for this summer for training. what the people sent me to do because er let me say this. A lot of people are For those reasons, oppose the Gekas this vote will be a throw-away when it walking around today saying there will amendment. comes to the programs that make a dif- not be a shutdown. We said that Christ- Mr. GEKAS. Mr. Chairman, I yield 1 ference. mas of 1995 and there was a shutdown minute to the gentleman from New Mr. GEKAS. Mr. Chairman, I yield 1 over the Christmas holidays and Fed- York [Mr. SOLOMON], a staunch sup- minute to the gentleman from Florida eral workers were out of work. porter of the Gekas amendment. [Mr. MILLER]. The President said, ‘‘Again, let me Mr. SOLOMON. Mr. Chairman, let me Mr. MILLER of Florida. Mr. Chair- say I am convinced both sides want to correct the last speaker, whom I have man, I rise in support of this amend- balance the budget, but it is wrong, great respect for. He says this amend- ment because I think this is the proper deeply wrong, to shut the government ment would hurt veterans. I want to time to debate this issue and it is the down while we negotiate.’’ Let us heed tell my colleagues something. Over 20 proper time to pass this issue. We need to have a continuing resolu- the President’s words and keep the years I have had a reputation for being tion so we do not shut down the gov- government open. the strongest advocate for the veterans ernment. The past 2 years of the appro- Mr. OBEY. Mr. Chairman, I yield 2 of this country. If my colleagues do not priations process, as we come to a con- minutes to the gentleman from Texas, believe so, they can ask any veteran clusion in the end of September, has [Mr. EDWARDS]. organization in this country. not been a time that we should be Mr. EDWARDS. Mr. Chairman, de- If this amendment does not go proud of. As we talk about 1995, what spite the good intentions of the author through, what will happen? If reason- happened? We shut down the govern- of this amendment, I believe this able people cannot come to agree and ment. We eventually brought it back amendment should be called the Pork we do not pass the VA, HUD and Inde- together, but it cost a lot of money by Barrel Protection Act. pendent Agencies bill, then that means shutting it down. It is a wonderfully designed proposal that the hospitals, the veterans hos- Last year, as a fiscal conservative, that will protect any wasteful govern- pitals in this country, all of them, what happened was we added $8 billion ment program that has been put in would cease to be able to operate. The of more spending to keep the govern- past appropriation bills. Forget what outpatient clinics would cease to be ment from shutting down. That was the Congress has found out about that able to operate. not what we needed to do. We do not program, forget about GAO studies Ronald Reagan once told me, need to increase spending just to keep that may have shown that program is a ‘‘Jerry,’’ when he was trying to get me the programs going. terrible waste of our hard-earned tax- to vote for a particular bill, he said, This is a 1-year effort. Let us try it payers’ money. The fact is this amend- ‘‘You cannot always have it your own for 1 year. My preference would be to ment, if put into law, would protect way. There are two political parties. have a 75 percent rather than 100 per- those pork barrel projects. There are two Houses and sometimes cent ratio because we need to have I think all Members on both sides of you have to work together.’’ pressure put on us to pass appropria- the aisle who fought to come to this We are attempting to work together tions bills. That is what we should be House in order to fight pork barrel right now, and when the gentleman doing. The appropriation bills will be ought to do so today by voting against from Maryland [Mr. WYNN], and the just as difficult this September and the this amendment. gentleman from Virginia [Mr. MORAN], following year’s under the budget bill Secondly, this measure, if put into and the gentleman from Wisconsin [Mr. that will be brought to the floor next law, would enshrine the National En- KLECZKA] came to me in the Commit- week because the growth in discre- dowment of the Arts. For me, that is tee on Rules and they sincerely asked tionary spending is not going to be as fine, but too many of our colleagues for this amendment, they meant it. fast. who do not like the NEA and have said Because there are good public em- Let us give it a try because it has not on the campaign trail they will do ev- ployees in this country. They deserve a worked the other way. erything they can to kill it, they are fair break. This amendment will guar- Mr. GEKAS. Mr. Chairman, I yield 1 doing the opposite in passing this antee they get a good break, and that minute to the gentlewoman from amendment. is why we ought to pass it and we Maryland [Mrs. MORELLA]. As someone who has fought hard for ought to pass it now. veterans, this measure would literally Mr. OBEY. Mr. Chairman, I yield 1 b 1645 lock in funding that would cause tens minute to the gentleman from Rhode Mrs. MORELLA. I thank the gen- of thousands of veterans to lose health Island [Mr. KENNEDY]. tleman for yielding me this time. care that they fought for in fighting Mr. KENNEDY of Rhode Island. Mr. Mr. Chairman, I wish we had had the for this country. Chairman, this amendment, instead of Gekas amendment in the last Congress, This amendment substitutes the wis- preventing a government shutdown, ac- when we were here on the floor every dom of our Founding Fathers for the tually shuts down the democratic proc- day hoping that we would be able to expediency of the moment. Our Found- ess. Basically, what it says is the ma- avert the shutdown and bring our Fed- ing Fathers put the responsibility for jority can choose to pass those appro- eral employees back to work. I am shaping appropriation bills in our priations bills, those programs that strongly in support of it. We must hands. We should accept that respon- they want to make sure are passed and never again shut down government, sibility, not hide from it. Our govern- they can let the others wither on the causing a situation we do not want to ment was not intended to be put on vine. have repeated; an incredible waste of cruise control. The minority will not be represented resources, important work left undone, Finally, if we care about flood vic- under this process, make no mistake tremendous cost to taxpayers and what tims, if we care about the Department about it. Because those programs that it did to the morale of our civil serv- of Defense that needs desperately the do not have the constituency, that do ants. H2736 CONGRESSIONAL RECORD — HOUSE May 15, 1997 This amendment is going to provide For Federal contractors, they lose derly, military and Government em- for an automatic continuing resolution under a continuing resolution even if it ployees, and others who depend on con- at 100 percent of the fiscal year 1997 is passed, because it is only for a given tinued payment. level. Yes, we did try to get an amend- period of time. Federal agencies then I would say to the gentleman from ment in the Committee on Rules, the do not let out contracts that were won Wisconsin [Mr. OBEY] that even in the gentleman from Maryland [Mr. WYNN], on a competitive basis, and the busi- State of Wisconsin, his State has a law the gentleman from Virginia [Mr. ness of the American people does not which automatically maintains gov- DAVIS], the gentleman from Virginia continue. ernment operations in the next fiscal [Mr. MORAN], and myself, that would This is a fail-safe system, if the job year, automatically. So basically we have assured that no Federal employ- does not get done here, so that the Fed- get great ideas from the States, includ- ees would be RIF’d or furloughed. That eral Government employees and con- ing the State of Wisconsin. I’m sur- did not happen, but we are going to tractors will not be held hostage. This prised he would be against this amend- monitor it very closely to make sure is not about leverage in the budget de- ment. that they are not. bate. This is simply to say that the I would say to the gentleman from We think that this is an excellent hostages, the innocent Federal workers Wisconsin [Mr. OBEY], the ranking amendment. The argument I have who are out there doing their job every member, it is good insurance. It does heard defies logic, when somebody says day, are not going to be the hostages, not cut or increase any funds. It is just we are going to waste money, some- are not going to be punished and will insurance for the American people. It body said we are going to hold back on be treated fairly. I wish we had had does not preclude Congress from pass- money that should be spent. I just do this 2 years ago. We have a chance to ing additional resolutions. It has bipar- not quite understand the logic, because change that now. I support the Gekas tisan support. Lastly, it is supported as far as I am concerned, this is the as- amendment. by the Citizens Against Government surance that our civil servants need, a Mr. GEKAS. Mr. Chairman, I yield 1 Waste, the Federal Managers Associa- safety valve, the least we can do. minute to the gentleman from Califor- tion, the Americans for Tax Reform, Mr. GEKAS. Mr. Chairman, I yield 1 nia [Mr. ROHRABACHER]. the Chamber of Commerce, and the minute to the gentleman from Okla- Mr. ROHRABACHER. Mr. Chairman, Concord Coalition, all of these are bi- homa [Mr. ISTOOK]. the American people have car insur- partisan groups. I urge support. Mr. ISTOOK. Mr. Chairman, I rise to ance, they have home insurance, they Mr. GEKAS. Mr. Chairman, I yield support the Gekas amendment. Many have life insurance. Now what we are the balance of my time to the gen- of us are saying we do not want to use offering them in this amendment is in- tleman from Florida [Mr. WELDON]. any threat of shutting the Government surance against government shutdown, Mr. WELDON of Florida. Mr. Chair- down. Now we hear people saying, ‘‘Oh, government shutdown insurance. This man, the Gekas amendment will insure you have got to try to do it.’’ That does will prevent excessive politics from dis- the American people against a govern- not make sense. rupting the lives of the citizens of the ment shutdown in the event the Presi- Some of us, and I am one of them, United States of America. It protects dent and the Congress reach an im- want to reduce spending in the Federal our people, our retirees, every Amer- passe on the budget. The funding level Government. Some people want to in- of 100 percent of last year’s funding crease the size of Government and in- ican, when we come into disagreement crease the amount of spending. These for whatever the motive. will ensure stability until a final budg- Two years ago we were new here in are very difficult to resolve when we et is worked out. our roles. We had a majority of Repub- Last year’s government shutdown are tens of billions of dollars apart. We are saying while we try to work licans in the House and the Senate, we wasted billions of dollars. We paid things out, we would agree we would had a President who was a Democrat, thousands of Federal employees who just freeze spending while we try to we were getting used to our roles. Who did not work during the shutdown. I work in good faith. They say, ‘‘No, suffered because of that while we were say we should keep them on the job to don’t, you’ve got to shut government getting used to what we were supposed start with. The Gekas amendment is down instead.’’ How ridiculous. It cost to do? The American people when the the only way we have to guarantee taxpayers $1.5 billion the last time government was shut down for 28 days. this. There is no reason, there is no around, workers being paid for a month There is no finger pointing in that. commonsense reason for voting against that they did not do the work. The tax- If we come to some major disagree- this amendment. payers were hurt heavily in the proc- ments because of a difference in philos- Finally, some say it is not appro- ess. Federal workers were in jeopardy. ophy in the future, let us provide a way priate to add it to the CR for natural Why go through such a thing? out so our people will not be hurt while disaster relief. I think this is the most We are trying to say we do not want we make up our minds. We have the op- appropriate place. This CR will help us to have such a threat hanging over portunity to prevent disagreement avoid a man-made disaster, a govern- things. We want to work together in from hurting our people, from philo- ment shutdown on September 30 of this good will. Why in the world would sophical or political differences. I say year. some Members say ‘‘No, we don’t want let us protect our people, let us give Also, I would like to point out to my to do it?’’ Support the amendment. them Gekas insurance. colleagues from Florida and the Gulf Mr. GEKAS. Mr. Chairman, I yield 1 Mr. GEKAS. Mr. Chairman, I yield 1 Coast, September is the hurricane sea- minute to the gentleman from Virginia minute to the gentleman from Florida son. The only thing worse than a hurri- [Mr. DAVIS]. [Mr. STEARNS]. cane is a hurricane during a govern- Mr. DAVIS of Virginia. I thank the (Mr. STEARNS asked and was given ment shutdown. Let us insure our- gentleman for yielding me this time. permission to revise and extend his re- selves against a double dose of disaster. Mr. Chairman, we have had over 60 marks.) Support the Gekas amendment. continuing resolutions in this body Mr. STEARNS. Mr. Chairman, I have Mr. OBEY. Mr. Chairman, I yield since 1981, where we have had a Con- here a Congressional Research report. such time as he may consume to the gress of one party and a President of a It shows we shut the Government down gentleman from California [Mr. MIL- different party and the appropriation 17 times since 1972. Even under the LER]. bills have not occurred on time. What Carter administration in 1978 we shut (Mr. MILLER of California asked and happens with a continuing resolution? it down three times. This was when the was given permission to revise and ex- For Federal employees there is anxi- Congress was controlled by the Demo- tend his remarks.) ety. In the case of a shutdown, of which crat Party. We need this Gekas insur- Mr. MILLER of California. Mr. Chair- we have had over a dozen during that ance to prevent another Government man, I rise in opposition to this amend- period of time, Federal employees are shutdown. ment. paid for not working. As we saw last All Members should realize that this Mr. Chairman, as ranking Democrat on the time, they did not even receive their bill sunsets in 1998. What is the big Committee on Resources, I wanted to address checks at Christmastime, and the deal? We are going to try and use it as several important natural resource and envi- American taxpayers are the losers. insurance to protect veterans, the el- ronmental matters raised in this bill. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2737 At the outset, I want to commend the lead- related projects is appropriate to include in a to do to make government work is to ership of the Appropriations Committee for flood supplemental. By contrast, however, the change that mind-set. providing vital funding in addition to that re- other body has included a legislative rider con- I want to point out to you if you pass quested by the administration for flood-dam- cerning road right of ways across public land this, it will be a special interest dream. aged national parks, wildlife refuges, BLM which has absolutely no business being in this Any group that knows its program is public lands, and national forests. bill. about to get cut in an appropriation In California, the severe flood that inundated It is unfortunate that we will not have an op- bill will simply try to lobby to see to it Yosemite National Park has caused extensive portunity to debate the issue of legislating on that that bill never goes anywhere. If damage to many park facilities and resources, so-called RS 2477 roads at greater length in it does not, then comes October 1, destroying or damaging hundreds of housing the House. Unlike ESA, the House Resources bango, they are protected, they are se- units and campsites and other infrastrucure. Committee has not reported any legislation on cure. No matter how many GAO re- As a result of the extensive damage, the park RS 2477, an anachronistic 19th century stat- ports point out that the program is was closed and visitor access curtailed. ute thatÐas interpreted by a slim majority of lousy, no matter how many newspaper Yosemite is one of the crown jewels of our the other bodyÐwould allow States to build reports or television exposes point out national park system and the millions of visi- roads through national parks, and public lands that it is a waste of money, you cannot tors each year contribute significantly to the in Alaska, Utah, and other western States. stop spending it on that program under state and local economies. While the park This is the mining law of 1872 give-away for this proposal. That is not a way to save service is working to conduct the most urgent roads. money. That is a way to make the Con- repairs to roads and infrastructure using exist- Mr. Chairman, holding important legislation gress the laughingstock of the country. ing funds, the supplemental is urgently needed hostage to unrelated antienvironmental riders You do not need to do this to keep to reopen park areas in 1998. In the long run, is deja vu all over again. Didn't we learn any- government at work. This is like using with $186 million in restoration funds and $10 thing from the misguided and failed attempts a sledgehammer to kill an ant. If you million in funds to implement the Yosemite from last Congress. Whether it is in California really want to keep government work- Valley transportation plan, we have the oppor- or North Dakota or Kentucky, flood affected ers at work, what you ought to be tunity to enhance the visitor experience and citizens understandably have no tolerance for doing, for instance, is simply to look at better protect park resources in what is truly a Congress haggling over a 19th century statute ways to reverse the Civiletti ruling. national treasure. which has nothing to do with floods and every- That way you can keep the government I also am pleased with the committee's ef- thing to do with a narrow antienvironmental at work without freezing unnecessary forts to increase funding over the administra- agenda which would go nowhere under the spending into the mix for as long as tion's request for flood-related restoration on normal legislative process. There are too Congress cannot get together on a ra- tional solution. national forests. In California and other States, many vital and urgently needed provisions in I would also say that if you pass this, ill-advised logging practices and road con- this bill to get bogged down on a special inter- it will be a clear admission that you do struction have had a severe impact on water- est rider that has not been adopted by the not think that you can get your work sheds and water quality, contributing to runoff House and is likely to contribute additional done and that we cannot get the work which increases the severity of flooding down- delay in the form of a Presidential veto. of this House done on time. That is a stream. The bill provides $37 million for fish Mr. OBEY. Mr. Chairman, I yield my- lousy signal to send to the country. If and wildlife habitat restoration, soil stabiliza- self the balance of my time. you want to keep the government open, tion, road and trail maintenance and reloca- The CHAIRMAN. The gentleman keep it open. You know doggone well tion, $15 million of which is allocated to na- from Wisconsin is recognized for 3 min- that after the experience we have had utes. tional forests in California. The committee also last year, people in both parties will be Mr. OBEY. Mr. Chairman, again I provides over $32 million for road and trail and killing each other to rush to the micro- want to make the point that we did not facility reconstruction, $9.2 million of which phones to see to it that government is have government shutdowns the last 2 goes to California forests. open at that time. But if you do not Given the extensive flood-related damages years because of an unhappy accident. keep the pressure on for compromise We had it because of this kind of a to national forests in California and other and for making hard decisions now, mind-set: States, it is vital that the forest service use you assure that every potential loser One of your Members last year said, these funds in a cost-effective and environ- because we evaluate their programs as ‘‘I believe the short-term problems the mentally beneficial manner. Top priority should being ones that ought to be cut, you shutdown caused are a worthwhile be given to allocating these funds for road de- will assure they will create mounting price to pay.’’ commissioning in watersheds and unstable pressure not to pass those appropria- Another Member said, ‘‘The Presi- areas where poorly designed and maintained tion bills and the result will be more dent is at our mercy. With the looming roads have contributed to water runoff, stream waste than you have today. The re- prospect of another shutdown, people sedimentation, and mudslides. sponsible vote on this is no. might be out of work, all of whom will I would also like to comment on section 303 Mr. RAMSTAD. Mr. Chairman, I rise in op- of the bill which is intended to allow flood con- be in his programs. I think he’s going position to the Gekas amendment. I am dis- trol project repairs to go forward without con- to care more than we do.’’ appointed we are considering an amendment Another of your leaders said, ‘‘The cerns regarding consultations under the En- which would further delay much-needed relief dangered Species Act. Clearly, this is legisla- President can run parts of the govern- to the flood-ravaged Red River Valley. tive language which is subject to a point of ment that are left or he can run no I witnessed firsthand the incredible devasta- order under House rules. government. Which of the two of us do tion and the thousands of hurting people in the However, last week the House had a vigor- you think worries more about the gov- Red River Valley who are counting on Con- ous debate and reached a decisive conclusion ernment not showing up?’’ gress and the President for help. on this matter by adopting the Boehlert-Fazio Another of your leaders said, ‘‘We They need flood relief now to rebuild their substitute to H.R. 478. Substantially similar should be prepared to close down the homes, businesses, and communities. They language, acceptable to the administration, government. If we close it down, people don't need a Christmas tree bill with unrelated has also been agreed to by the other body. will listen. I don’t want to see govern- items attached to it like the Gekas amend- It is unfortunate that in this case we would ment shut down, but I’m not afraid of ment. allow procedure to obstruct the substance of it.’’ He also then went on to say, ‘‘I Under normal circumstances I would sup- legislation that is important to many members don’t see the government being shut port the automatic continuing resolution. How- of the California delegation whose districts down as a negative. I see it as a posi- ever, this legislation should be handled sepa- were affected by the flooding. It is my hope tive.’’ rately, and the Disaster Recovery Act passed that the conferees will reject the levees with- One other of your leaders said, ‘‘If we as soon as possible without an amendment out laws language contained in H.R. 478 and have to temporarily shut down the gov- which would cause a Presidential veto. instead adopt the compromise approach which ernment to get people’s attention to I respectfully urge my colleagues, on behalf is clearly supported by a majority in the show we’re going to balance the budg- of thousands of food victims in the Red River House. et, then so be it.’’ Valley who want to help themselves, to vote In my view, including legislative language That was the problem. It was not no to the Gekas amendment. Let's get help to clarifying the application of ESA to the flood- process. It was mind-set. All you have flood victims now without any further delay. H2738 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Ms. JACKSON-LEE of Texas. Mr. Chair- assumptions may be included in the explana- b 1700 man, I rise in opposition to this amendment to tory statement accompanying the budget reso- Mr. OBEY. Let me simply say, Mr. H.R. 1469, the emergency supplemental ap- lution. Chairman, if this is being rolled simply propriations bill. The 435 Members of the House who have for the purpose of the majority to whip I understand the motivation for this amend- the honor of being members of this body must because they do not have the votes, ment with the experience of the waning days and should insist on remaining accountable for then it is going to be very difficult for of the last Congress fresh in our minds with all of its actions. us to reach agreement. the budgetary process beginning for this Con- The constituents of the 18th Congressional The CHAIRMAN. The Chair will state gress. District deserve no less than my best effort to that the rule grants the Chair the dis- The need for this Congress to remain ac- participate actively and enthusiastically in all of cretion to roll votes. countable and responsive to the budget and the business of the people's House as their Mr. OBEY. It also, as you know, usu- all of the ensuring situations that might arise elected Representatives. ally is accompanied by a prior notice form disagreements with the administration is We should not give into the anxiety created critical. to the minority, and it is usually by our experience of the last Congress. We worked out on a bipartisan basis. The Congress considers the President's should work with each other during the budg- Mr. Chairman, that has not happened budget proposals and approves, modifies, or etary process through our management of this in this instance. disapproves them. This body can change House to do this job well. The CHAIRMAN. The Chair will indi- funding levels, eliminate programs, and add With over 200 years of history to support cate that the Chair was not a party to programs not requested by the President. It the way we have provided funds to operate either notification or not notification can add or eliminate taxes and other sources the United States' Government there is no and would be exercising the discretion. of receipts, or make other changes that affect precedent for making this amendment law. the amount of receipt collected. Pursuant to House Resolution 149, I would like to ask that my colleagues join All of this is accomplished under the Con- further proceedings on the amendment in opposition of this amendment. gressional Budget Act of 1974. The act re- offered by the gentleman from Penn- The CHAIRMAN. The question is on quires each standing committee of the House sylvania will be postponed. the amendment offered by the gen- and Senate to recommend budget levels and tleman from Pennsylvania [Mr. The point of no quorum is considered report legislative plans concerning matters withdrawn. GEKAS]. within the committee's jurisdiction to the Budg- It is now in order to consider amend- et Committee in each body. The Budget Com- The question was taken; and the Chairman announced that the ayes ap- ment No. 8 printed in House Report mittee then and only then should initiate the 105–97. concurrent resolution on the budget. peared to have it. AMENDMENT NO. 8 OFFERED BY MR. DIAZ- The budget resolution sets appropriate lev- Mr. OBEY. Mr. Chairman, I demand a BALART els for total receipts and for budget authority recorded vote, and pending that, I and outlays, in total and by functional cat- make the point of order that a quorum Mr. DIAZ-BALART. Mr. Chairman, I egory. It also sets appropriate levels for the is not present. offer an amendment. budget deficit and debt. PARLIAMENTARY INQUIRY The CHAIRMAN. The Clerk will des- Budget resolutions are not laws and there- Mr. OBEY. Mr. Chairman, I have a ignate the amendment. fore, do not require the President's approval. parliamentary inquiry. The text of the amendment is as fol- However, Congress does consider the admin- The CHAIRMAN. The gentleman will lows: istration's view, because legislation developed state it. Amendment No. 8 offered by Mr. DIAZ- to meet congressional budget allocations does Mr. OBEY. Is it the intention of the BALART: require the President's approval. Chair to try to roll this vote? We have Page 51, after line 23, insert the following Congress does not enact a budget as such. not had votes rolled all day. Why are new section: It provides spending authority for specified we rolling a vote without notice to this EXTENSION OF SSI REDETERMINATION purposes in several appropriations acts each side? PROVISIONS year. In making appropriations, Congress does The CHAIRMAN. Under the rule, the SEC. 3303. (a) Section 402(a)(2)(D)(i) of the not vote on the level of outlays directly, but Chair has the option to postpone re- Personal Responsibility and Work Oppor- rather on budget authority, which is the au- quests for recorded votes at his discre- tunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(D)(ii)) is amended— thority to incur legally binding obligations of tion. The Chair would indicate to the (1) in subclause (I), by striking ‘‘the date the Government that will result in immediate or gentleman that he would have post- which is 1 year after such date of enact- future outlays. poned the previous 5 votes had rollcall Last year, I joined with many of our col- ment,’’ and inserting ‘‘September 30, 1997,’’; votes been requested, but the rule and leagues to address the problems of the last makes it clear that the Chair has the Congress' budget disagreements. I attempted (2) in subclause (III), by striking ‘‘the date discretion to postpone votes on any of the redetermination with respect to such to avoid the Government shutdowns which oc- amendment. individual’’ and inserting ‘‘September 30, curred by introducing legislation to raise the Mr. OBEY. We just had a rollcall vote 1997,’’. debt ceiling limit to avoid a Federal Govern- on the Neumann amendment. (b) The amendment made by subsection (a) ment default of its financial obligations and in- The CHAIRMAN. The gentleman is shall be effective as if included in the enact- sulate critical agency. ment of section 402 of the Personal Respon- I stood with many Members on the issue of correct. That vote would have occurred sibility and Work Opportunity Reconcili- the budget crises and fought to resolve the in addition to 4 others had there been ation Act of 1996. issue. rollcall votes requested. Those amend- ments were adopted by voice vote. The CHAIRMAN. Pursuant to House I believe that this amendment would further Resolution 149, the gentleman from Mr. OBEY. Could I ask for how long complicate the budget process by attempting Florida [Mr. DIAZ-BALART] and a Mem- it is going to be rolled? to meet the Government's obligations without ber opposed will each control 10 min- obligating the Congress to do its job. The CHAIRMAN. Until later in the utes. consideration of the bill. The reconciliation directives in a budget res- The Chair recognizes the gentleman Mr. OBEY. So we are not going to olution usually require changes in permanent from Florida [Mr. DIAZ-BALART]. laws. They instruct each designated commit- know how we voted on this amendment tee to make changes in the laws under the when we consider other amendments? PARLIAMENTARY INQUIRY committee's jurisdiction that will change the The CHAIRMAN. The Chair would in- Mr. DIAZ-BALART. Mr. Chairman, I levels of receipts and spending controlled by dicate that postponing a vote on an have a parliamentary inquiry. the laws. amendment that would not technically The CHAIRMAN. The gentleman will However, the changes in receipt and outlay affect consideration of additional state his inquiry. amounts are based on certain assumptions amendments that could be offered up Mr. DIAZ-BALART. Mr. Chairman, about how laws would be changed, and these would not be out of the ordinary. has the Chair made inquiry as to May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2739 whether or not there is a Member who So I want to say to the House today ever get back in human and social serv- will rise in opposition? that we are offering this amendment ices, and yet this Congress felt there The CHAIRMAN. The Chair has not, for the good of the SSI recipients was no distinction to be made between and has given the author of the amend- throughout this country who are legal illegal aliens and legal residents. They ment the opportunity to explain the immigrants, who have been in this felt that the immigrants were such a amendment and then will request if country, who have been responsible in dirty word amongst the American pub- there is a Member in opposition. terms of their taxpaying dues, who lic that we could bash immigrants and Mr. DIAZ-BALART. Mr. Chairman, I have been responsible as good and scapegoat immigrants all the way yield myself such time as I may worthwhile legal immigrants and who through the last Congress, and that is consume. deserve in their elderly state of mind, exactly what the bill, that the welfare Mr. Chairman, this amendment, and who deserve, those who are dis- reform bill that passed last Congress, which is cosponsored by my dear col- abled and who deserve, those who are did. It made no distinction between leagues, the gentlewoman from Florida young and unable to work, they de- legal immigrants and illegal aliens. [Mrs. MEEK], as well as the gentleman serve this kind of attention from the Let me remind my colleagues that from Florida [Mr. Shaw], the gentle- Congress to say that we will extend the 24,000 legal immigrants serve in our woman from Florida [Ms. Ros- time, give them a time to get the bene- Nation’s military. Imagine them on Lehtinen], and the gentleman from fits that they so much deserve. duty in Bosnia today without us pass- Rhode Island [Mr. KENNEDY] obviously So what this amendment will do, will is a bipartisan effort which parallels ing this bill. In essence, we are going to do what the Congress wants to do, is to pass a supplemental bill to fund very exactly the companion language give us time to have our colleagues that was passed in the Senate with 89 Bosnia, but we are not going to pass a vote and act on the additional moneys bill that would allow—— votes just a few days ago, language in which has already been recommended the Senate that was submitted by Sen- Mr. SHAW. Mr. Chairman, will the to them to come before the end of the gentleman yield? ators D’AMATO and CHAFEE and DEWINE year. Mr. KENNEDY of Rhode Island. I and others, and it would restore vital We want to be sure that there is no yield to the gentleman from Florida. supplemental security income, SSI, as- cutoff of SSI and there is no cutoff of sistance to legal taxpaying immigrants Medicaid. Many people do not realize Mr. SHAW. Mr. Chairman, I would for a 6-week period to allow time for that in many of the States, SSI and like to tell the gentleman that legal details of the budget agreement to be Medicaid are linked together, and immigrants who serve in the military finalized which will lead to a more many of the people in nursing homes, were never, never excluded from any long-term solution, Mr. Chairman. their benefits would be cut off if it welfare benefits, and they were specifi- That in essence is the explanation of were not for this good bipartisan cally included. the amendment. Mr. KENNEDY of Rhode Island. Re- Mr. Chairman, I reserve the balance amendment which our colleagues are hearing now, and because of this they claiming my time, their parents, their of my time. cousins, what is the gentleman from The CHAIRMAN. Is there a Member will be able to remain there and re- Florida saying; that their aunt, and let who would rise in opposition to the ceive their benefits until Congress acts us say they are over in Bosnia, that amendment and seek the time? upon this. Mr. SABO. Mr. Chairman, I do not, Mr. Chairman, it is not going to cost their mother or father, or their uncle but I ask unanimous consent that if no but $240 million, and that has been or aunt who is back in the United one rises in opposition, then the gen- taken care of in terms of the offsets States is not going to get cut off? tlewoman from Florida [Mrs. MEEK] which the chairman and the ranking Mr. Chairman, I would like to ask might have the 10 minutes as the co- member have explained to us before. the gentleman from Florida [Mr. SHAW] author of the amendment. We are so pleased that these needy peo- to respond to that question. The CHAIRMAN. Is there objection ple, they are aged, they are frail and Mr. Chairman, the fact of the matter to the request of the gentleman from certainly disabled, that they will get a is it is absolutely a shame the gen- Minnesota? chance now to continue to get the food, tleman has asked me that question There was no objection. to be sure to get the health care, to be when he was the author of last year’s The CHAIRMAN. The gentlewoman sure and get the medical care and to be bill and yet he knows full well what we from Florida [Mrs. MEEK] will control sure to get the benefits which this are talking about here, and that bill, the 10 minutes. country has afforded them. Mr. Chairman—— Mrs. MEEK of Florida. Mr. Chair- Mr. Chairman, I say to you that what Mr. SHAW. Mr. Chairman, if the gen- man, I yield myself such time as I may we have done here today is an out- tleman will calm down, I am a cospon- consume. standing thing, and I want to thank sor with him on this particular amend- Thanks to my colleague, the gen- both parties and everyone who has ment. Now if he wants to try running tleman from Florida [Mr. DIAZ- been in on this, and I wanted to yield off votes, then that is the way to han- BALART], and I want to certainly thank some time to the other Members of the dle it, but I will explain to the gen- the Members of the Committee on Ap- House. tleman that we are packaging a deal propriations, the chairman and the First of all, Mr. Chairman, I yield 2 that is going to take care of all of ranking member who have worked so minutes and 45 seconds to the gen- those that were here on August 22. So hard, and the gentleman from Min- tleman from Rhode Island [Mr. KEN- if the gentleman would calm down. nesota [Mr. SABO] to see that we got NEDY]. there so far, and the chairman of the Mr. KENNEDY of Rhode Island. Mr. Mr. KENNEDY of Rhode Island. Mr. Committee on Rules as well. I feel Chairman, I would also like to thank Chairman, I reclaim my time. strongly about thanking all of these the gentlewoman from Florida [Mrs. The CHAIRMAN. The gentleman people because they did, Mr. Chairman, MEEK] for her leadership on this issue from Rhode Island does control the allow us to get where we are now and and my good friend and colleague, the time. to have this time divided between my gentleman from Florida [Mr. DIAZ- Mr. KENNEDY of Rhode Island. Mr, good friend [Mr. DIAZ-BALART] and my- BALART]. But, Mr. Chairman, I want us Chairman, we are so glad to have the self. I also want to recognize the fact to stop for a moment and not pat our- gentleman from Florida [Mr. SHAW] fi- that the gentleman from Rhode Island selves so much on the back because we nally acknowledging that these are [Mr. KENNEDY] and the gentlewoman are about to pass this amendment. Let legal immigrants who should not be from Florida [Ms. ROS-LEHTINEN] and us recall what created this problem in cut off assistance. We are so glad that many others have worked very dili- the first place. Let us recall that it was he has finally come around and sup- gently on this, and I certainly want to a discriminatory welfare reform bill ported this bill. thank them for the time they have put that cut $24 billion out of legal immi- Mr. Chairman, in August 3,500 of the most on it, and I appreciate their sensitivity grants’ assistance, $24 billion that the vulnerable residents of my State of Rhode Is- to this problem which we worked in a legal immigrants of this country pay land will be expelled from the Supplemental bipartisan basis to get to this far. taxes for, far in excess of what they Security Income [SSI] program. H2740 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. Chairman, these are not able bodied rate that it is growing for citizens. 800,000 people; 800,000 elderly folks who adults with no desire to workÐthese are elder- Now that is not to say that we need to will be left to their own resources to ly and severely disabled legal immigrants who pull the rug out from under people who survive. will never be able to work. In fact, most came are already here, and that message is Out of this group of 800,000 people, to the United States desiring to work hard and out there, and that message has been Mr. Chairman, is Mary Solanes, a 72- achieve the ``American dream'' like most citi- heard, and we are going to solve that year-old elderly woman who is a con- zens. problem as part of the budget negotia- stituent of my congressional district, Unfortunately however, they have gotten old tions and reconciliation that we will be who not only was a victim of Hurricane and become ill and can no longer contribute to going through in the month of June. Andrew that destroyed her home, but the economy as they once had. There is nobody in this House that also then became a victim of building Mr. Chairman, without SSI, many of these wants to see people who have abso- contractor fraud. To make her situa- elderly and disabled individuals will have no lutely no place to turn to be dumped tion even worse, Mary Solanes will means of survival. Many live in nursing homes out on the streets, and we are not have to fend for herself without the aid and will be put out once their assistance going to allow that to happen. But also of SSI benefits, even though she has ceases. Many have no family members with there is nobody in this House that I custody of her two minor grand- the financial ability to care for someone in think really wants to continue to use children after her daughter was mur- their condition. SSI as a pension system for nonciti- dered by the children’s father. These people are not getting rich off the zens. It was never designed that way, We, as Representatives of the people, systemÐthey are barely getting by. and if that is what we are going to do, should not make this poor, elderly This is precisely why the Diaz-Balart, Meek, then we should face that as a separate woman, who has endured the loss of her Shaw, Ros-Lehtinen, Kennedy amendment to pension system that we would have to home twice over, as well as the murder extend the SSI program until the beginning of take a look at. But I do not believe of her daughter, have to survive with- the 1998 fiscal year is so important. that the American people would want out any help whatsoever. The SSI An extension of the SSI cutoff date would to do that. check that Mary Solanes receives is allow Congress and the Clinton administration Mr. Chairman, this is the right solu- the only means of sustenance that she to finalize their agreement to restore some tion. We are doing the right thing, and has to support herself and her grand- benefits to legal immigrants. Many of these in- we will continue to do the right thing. children. dividuals who are facing termination will qual- We will be finetuning this legislation. I Add to the list another constituent of ify to continue receiving SSI under the budget have said all along, the gentleman my district, Mr. Jose Jimenez, a 90- agreement. from Michigan [Mr. LEVIN] who is my year-old man, who was the father of a The 2 month gap between the cutoff date ranking member on the Committee on Korean War veteran. Jose came from and the beginning of the 1998 fiscal year will Ways and Means knows that we have Cuba with an affidavit of support create enormous difficulties for the Social Se- been working for a solution even before signed by his son. Unfortunately for curity Administration, health care providers, the White House and the budgeteers him, shortly after he arrived, his son, and hundreds of thousands of new Americans came in and tried to strike their deal the Korean War veteran died, leaving who will have no means of support for 2 in putting together a bill. him alone without knowing where to months. So I think we need to keep the rhet- go and without being eligible for any An extension of the program would avert oric down, I think we need to work to- kind of support. If we were to cut this this trainwreck and maintain a decent standard gether to solve this problem. This is poor, 90-year-old man’s benefit, he will of living for thousands of deserving individuals. certainly the interim solution. I sup- surely be homeless. I urge my colleagues to vote yes on this port this amendment, and I am very Further add to the list another one of amendment and support the rights of all Amer- pleased to have my name associated my constituents, Consuelo Brito, a 92- icansÐnot just those who are native-born. with it. year-old elderly woman who is bound Mr. DIAZ-BALART. Mr. Chairman, I I would also like very much to com- to a wheelchair and blind. She has at- yield 3 minutes to the gentleman from pliment my colleagues, the gentleman tempted repeatedly to take the citizen- Florida [Mr. SHAW], someone who has from Florida [Mr. DIAZ-BALART], the ship test, but has failed all attempts. been instrumental in the area not only gentlewoman from Florida [Ms. ROS- Consuelo, again, is 92 years old, bound of welfare reform, but in precisely try- LEHTINEN], the gentlewoman from to a wheelchair and blind. Where ing to formulate a solution to the prob- Florida [Mrs. MEEK], and the gen- should a poor, elderly lady like lem that we are dealing with today and tleman from Rhode Island [Mr. KEN- Consuelo go if she loses her SSI bene- who was instrumental in making this, NEDY] for being part of the sponsorship fits? Do we honestly believe that she permitting this, amendment to come to of this most important amendment. I will be hired by someone? Obviously the floor in the consensus fashion that think it will receive the overwhelming not. it has. As I say, it is very much a part support of the House, and I would hope Finally, consider the case of Onesia of the negotiations to find a humane that it would pass and we can go on to Bueno, an 82-year-old woman, also a and definitive solution to the very, the next phase of working these prob- constituent of my district, who has no very serious problem that brings us to lems out for legal citizens, legal non- one here to look after her. Her hus- the floor at this point. citizens, excuse me, legal noncitizens band, a former political prisoner in Mr. SHAW. Mr. Chairman, I thank who find themselves in a tough spot Cuba, died in 1980, leaving her alone. the gentleman from Florida for yield- here in this country and were here on Ironically enough, her husband suffered ing me this time, and I am pleased to August 22, 1996 when this bill was at the hands of Cuba’s tyranny for his join with the gentleman from Florida, passed and signed into law by the crime of helping the United States dur- the gentlewoman from Florida [Ms. President. ing World War II. She faces homeless- ROS-LEHTINEN] and even the gentleman ness without Social Security supple- b from Rhode Island [Mr. KENNEDY] as a 1715 mental assistance. This amendment cosponsor of this amendment which I Mrs. MEEK of Florida. Mr. Chair- will at least carry her over for a few think is very much needed to bridge man, I reserve the balance of my time. more weeks. the time from August 22 when the wel- Mr. DIAZ-BALART. Mr. Chairman, I Because of these examples and hun- fare reform bill, as it applies to legal yield 3 minutes to my distinguished dreds like them, just based in my own immigrants, is going to go into effect colleague from south Florida [Ms. ROS- congressional district, we urge our col- until the first of the year to give us the LEHTINEN]. leagues to consider the amendment time to work out a reasonable solution. Ms. ROS-LEHTINEN. Mr. Chairman, that would extend the elimination of Mr. Chairman, I think a history les- the Social Security Administration has benefit cutoff dates to Mary, to Jose, son is necessary here. Right now, 51 informed recipients of SSI benefits, to Consuelo, to Onesia, and all of the percent of the moneys that we spend on that is the elderly over 64, blind and elderly. the elderly in SSI goes to noncitizens. disabled, that they will lose their bene- Folks far over the age of 64 are in des- We have found that the payment to fits in August. These legal residents, perate need of assistance. They are all indi- noncitizens is growing at 10 times the who have received this notice, total viduals who unfortunately will be left to their May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2741 own resources to survive and who are far too its tremendous cooperation at this ment. I hope we have the political old or disabled to work. We cannot as legisla- time. courage to make it permanent. tors cut aid to those who need it the most and However, some of those legal resi- Mrs. MEEK of Florida. Mr. Chair- to those who have no other option to sustain dents who have worked decades in our man, I yield such time as he may themselves because of their age or disability. country are unable to become citizens consume to the gentleman from Min- Because we cannot forsake Mary, Jose, because their disability does not allow nesota [Mr. VENTO]. them to learn English or American his- Consuelo, Onesia and many others, I implore (Mr. VENTO asked and was given tory, or even comprehend the citizen- my colleagues, therefore, to pass this amend- permission to revise and extend his re- ship oath. We must not change the ment, not only for the good of these elderly marks.) who are so desperately in need, but to fulfill rules for these folks retroactively, and the duty of our occupations, as members of only after these people are unable to Mr. VENTO. Mr. Chairman, I rise in Congress, to represent all of the people, in- support themselves. support of the amendment. cluding the elderly, the poor and the disabled. This amendment does what is nec- Mr. Chairman, I rise in support of the Diaz- This amendment could not have been pre- essary now, and before this amendment Balart/Meek amendment to postpone the cut- sented here today without the support, guid- expires, I believe this House will have off of SSI and Medicaid payments to legal im- ance and leadership of the gentleman from made a permanent change in the law to migrants. This is a commonsense amendment Florida [Mr. SHAW], the gentleman from Florida assure benefits to elderly and disabled that not only addresses the inadequacies of [Mr. DIAZ-BALART], the gentlewoman from Flor- legal residents in America currently the welfare reform law, but it gives Congress ida [Mrs. MEEK], the gentleman from Rhode Is- receiving SSI benefits. and the administration time to make good on land [Mr. KENNEDY], and many others who Mrs. MEEK of Florida. Mr. Chair- their word to restore benefits to legal immi- have worked on a bipartisan basis to help the man, I yield 1 minute to the gentleman grants. elderly, the poor, and the disabled. from Arizona [Mr. PASTOR], my col- I think many of my colleagues would agree Mrs. MEEK of Florida. Mr. Chair- league on the Committee on Appropria- that the old welfare system, as structured, man, I yield 1 minute to the gentleman tions. needed significant change and a refocus upon from Wisconsin [Mr. OBEY]. (Mr. PASTOR asked and was given the basic goals of getting families back on Mr. OBEY. Mr. Chairman, I thank permission to revise and extend his re- their feet, parents back to work, and children the gentlewoman for yielding me the marks.) back into more secure financial situations as time. I would simply say that I think Mr. PASTOR. Mr. Chairman, first of soon as possible. In finally enacting welfare this action is responsible, it is needed, all, I want to thank the sponsors of reform, tough and pragmatic choices had to it is fair, it is overdue. These people this amendment. It is very important. be made in order to transform the system to should never have been bounced in the As it has been said, it is responsible one that more effectively facilitates movement first place. and it is humane. from welfare to work. However some effects of I would also say, as the gentleman However, Mr. Chairman, the point the welfare law are just plain wrong. Legal im- from Rhode Island [Mr. KENNEDY] has has been made that as we discuss the migrants have been forced to shoulder a dis- noted, that I hope that this little patch parameters of the budget and the funds proportionate amount of the cuts, which on our consciences does not suffice to that will be needed to restore some of amounting in a crushing burden on such indi- cover up all of the other changes that these benefits, if we do not go to the viduals and families. are needed in the welfare program to $14 billion or higher, what is going to Passage of the Diaz-Balart/Meek amend- make that program in fact balanced happen is that hundreds of thousands ment, and other proposals like it, has become and fair and decent to a lot of des- of elderly legal immigrants who are crucially important given the potential impact perate human beings. not disabled will not receive services in of the welfare reform bill on legal immigrants. For instance, it still is grossly harsh the future. This amendment is a short- We must face the facts, welfare reform has a to persons who, through no fault of term solution to a problem, but as we long way to goÐit wasn't handed down to their own, lose their jobs and are, debate the budget we need to ensure Moses on Mount Sinai. Sadly, the Republican therefore, deprived of long-term food that all the legal immigrants that de- leadership is reluctant to fully recognize the stamp benefits until they can obtain serve these services will be reinstated. repercussions of the welfare reform legislation another job. So while we need to do Mrs. MEEK of Florida. Mr. Chair- and shows no clear inclination to act in a time- this today, I hope that this is not the man, I yield 1 minute to the gentleman ly fashion on the limited changes much less full measure of the conscience of the from Wisconsin [Mr. SABO], who is a the broad problems with the legal immigrants. Congress, because we would indeed be member of the Committee on Appro- found wanting. priations. In my home district of St. Paul, Minnesota, Mr. DIAZ-BALART. Mr. Chairman, I Mr. SABO. Mr. Chairman, I thank I represent a large population of Hmong from yield 2 minutes to the gentlewoman the gentlewoman for yielding me this Laos, many of whom risked their lives fighting from Connecticut [Mrs. JOHNSON], a time. alongside U.S. soldiers in the Vietnam War. distinguished member of the Commit- I rise in strong support of this Because of the injuries many of them suffered tee on Ways and Means. amendment which restores the eligi- in combat in addition to the fact that the Mrs. JOHNSON of Connecticut. Mr. bility of SSI until the end of this fiscal Hmong did not have any written language until Chairman, I rise in strong support of year. I want to particularly commend recent years, many of them are not able to this amendment. It would give us the the gentlewoman from Florida [Mrs. pass the citizenship test. Whatever chances time we need to work out the details of MEEK], our good friend, for her persist- most Hmong who served may have had to the budget agreement and provide ap- ence. We are here because of her efforts learn a written language were disrupted by the propriate relief to elderly and disabled on the Committee on Appropriations to fifteen years of war in Laos. Now the Hmong non-citizens. set the framework for having a floor are fearing for their lives in a new warÐwel- In my district, many legal residents amendment to be offered. fare reform. It is unfair for the Federal Govern- have worked hard in America, paid I just want to say a special word of ment to back away from its commitment to taxes for 10, 20, 30, 40 years, and some thanks to her because as the son of im- support states, such as my home state of Min- of those folks now depend on SSI and migrants, I especially appreciate her nesota, which have taken in a high number of some of the benefits provided by this efforts in behalf of extending for a legal immigrants. Many of these residents are Government. I have worked hard with short period of time truly justice for taxpayers who deserve to be protected by the the Polish American Congress and many deserving Americans. same safety net as U.S. citizens. The Hmong other organizations in the Polish and Mrs. MEEK of Florida. Mr. Chair- would suffer greatly under the new welfare law Hispanic communities to make sure man, I yield 30 seconds to the gen- in spite of provisions which treat them as refu- that those who want to apply for citi- tleman from California [Mr. FARR]. gees differently than other legal immigrants. zenship can do so promptly, get their (Mr. FARR of California asked and This January, I reintroduced the Hmong Vet- applications processed promptly, and was given permission to revise and ex- erans Naturalization Act, which would ease continue to receive their benefits as tend his remarks.) citizenship requirements for the Hmong who American citizens, and I would like to Mr. FARR of California. Mr. Chair- fought so vigilantly alongside the U.S. Armed commend the INS office in Hartford for man, I rise in support of the amend- Forces during the Vietnam War. The Hmong H2742 CONGRESSIONAL RECORD — HOUSE May 15, 1997 community is a vital part of the greater Min- This is a nation of diverse people that has many of those unnamed, either in the indi- nesota community and of our nation, contribut- a long tradition of expanding the roles of our cated sponsorship of this amendment or in ing in all facets of our economy including edu- nation's citizens through a formal adoption membership in this Congress; to the voluntary cation, medicine, civic leadership, and entre- program called Legal Immigration. organizations throughout this country who preneurship. St. Paul, MN is the first city in the The actions of the last Congress in passing raised their voices, often when some of the Nation to elect a Hmong to public office, but immigration reform which treated legal and il- elected officials in their own state were silent; it will undoubtedly not be the last. In the St. legal immigrants with out delineating between and to the legal immigrants themselves, who Paul public schools, Southeast Asian students the two groups was wrong. came to this nation, sometimes as refugees compose 25 percent of student body. The Legal immigrants to our Nation should be from persecution, from a variety of nationsÐ Hmong community in St. Paul are a part of encouraged and fully recognized with the full Iraq, the Soviet Union, Vietnam, Latin America Minnesota's future. protection of our Nation's laws. and China, among others, and who spoke out Much of the legislation we have been dis- In March, approximately 800,000 legal resi- to all of America, reminding us that we built cussing over the past months since welfare re- dents of the United States received letters this nation with the brains and labors of legal form was enacted, are quick fixes at best. from the Social Security Administration inform- immigrants, and that we should not turn our Members of Congress and the administration ing that they may lose their benefits in August backs on them in 1997. need to come together to find workable solu- unless they qualify for exemption or achieve Mrs. MEEK of Florida. Mr. Chair- tions that will not be portrayed as a permanent U.S. citizenship. man, I yield myself the balance of my fix while leaving individuals vulnerable. I am Age, infirmity, and mental and physical con- time. concerned that according to news reports, the dition were not taken into account when immi- Two weeks ago, 5,000 Russian Jews budget agreement tries to ``fix'' the problem for gration reform was passed by this body and came back to the west side of the Cap- legal immigrants by extending the eligibility pe- signed into law. itol to say they came to this country, riod for refugees from 5 to 7 years. The addi- This amendment would allow us to do the they were promised aid when they got tional 2 years is hardly an adequate approach. right thing and provide for those who are abid- to this country, and I am happy that What Congress and the administration should ing by our Nation's laws by becoming legal this Congress recognizes that not only do is set in place a permanent eligibility stand- residents of our country. those 5,000 Russian Jews who served to ard. Anything short of that approach will allow The amendment if adopted would postpone help us in the global economy, as well innocent individuals whether they be Hmong until the end of fiscal year 1997 the scheduled as in the wars that we have just fought veterans, Russian-Jews, or other refugees, to cutoff in Supplemental Security Income [SSI] to say that today we stand here for all fall through the cracks. They may well become payments to illegal immigrants. These benefits legal immigrants and say to them, we non-citizens, indigent after 7 years as a ref- go to needy persons who are over 64, blind, want your time extended until the uge, but without Social Security or meeting the or disabled. The amendment would rescind time Congress has a chance to do the 15 year threshold for SSI considerations. $240 million from the Job Opportunities and right thing. Mr. DIAZ-BALART. Mr. Chairman, I Mr. Chairman, I urge support for the pend- Basic Skills [JOBS] program to offset the yield myself such time as I may ing amendment. I also urge our leadership to amendment's cost. develop a comprehensive solution to the prob- consume. I would urge my colleagues to join in sup- One of the cases that has most im- lem of all legal immigrants that have been port of this very important amendment to the mistreated under the current new welfare law. pacted me in the last months as I have emergency supplemental appropriations bill. looked toward August and the impend- Mrs. MEEK of Florida. Mr. Chair- Mrs. MEEK of Florida. Mr. Chair- ing cutoff of SSI to legal, taxpaying man, I yield 30 seconds to the gentle- man, I yield 30 seconds to the gen- woman from Florida [Ms. BROWN]. immigrants is the case of Guido Diaz. tleman from Michigan [Mr. LEVIN]. Ms. BROWN of Florida. Mr. Chair- Guido Diaz was a political prisoner for (Mr. LEVIN asked and was given per- man, I rise in support of the amend- years in Castro’s gulags, beaten daily mission to revise and extend his re- ment, but the important point on this as a prisoner of conscience. Finally, he marks.) amendment is that it never should managed to get out of the totalitarian Mr. LEVIN. Mr. Chairman, the legal have been included in the welfare re- nightmare that today is Cuba and ar- immigrant provisions never should form bill. It is a cruel way to attack rive in the United States. have been in the welfare bill. When the the helpless people in this country. Shortly after, apparently the cumu- When I went to South America last President signed it, he said he was lative effect of the daily beatings month, I heard plenty about this provi- going to work to take out these provi- caused a stroke, a massive stroke for sion. The message that we are sending sions, as did a number of us who voted Guido Diaz, and he is in a wheelchair. out about this country is that we are for this bill. This is the first step to re- He is incognizant, and as much as I am mean-spirited and racist. Is that the deem that promise. sure that he would love to become a kind of message we want to send? Let Welfare reform was always about citizen of this great country, he cannot us support this amendment. Let us be moving younger people off of welfare to do so. fair to all of the people in this country. work, not penalizing elderly legal im- What we are doing today, Mr. Chair- Mrs. MEEK of Florida. Mr. Chair- migrants. We have to go further than man, is making sure that the Guido man, I yield such time as she may this. This is the first step, and I con- Diazes who fell through the cracks in consume to my colleague, the gentle- gratulate all who joined in this over- the reform that was implemented just woman from Texas [Ms. JACKSON-LEE]. coming the initial resistance to this ef- some months ago are saved, and that (Ms. JACKSON-LEE of Texas asked fort. those legal immigrants in the United and was given permission to revise and Mr. Chairman, this has been a long haul. States who cannot become citizens will extend her remarks.) When the President announced his decision not be cut off, those who were here le- Ms. JACKSON-LEE of Texas. Mr. to sign a welfare bill, substantially reshaped gally in August of 1996. I commend my Chairman, I rise in support of this after his two earlier vetoes, he promised to colleagues for their support and urge amendment to help all the grand- work to change several parts he disliked, par- all of my colleagues to join in support- mothers that are legal immigrants who ticularly those relating to legal immigrants. ing this bipartisan amendment. pay taxes over the years and have com- When a number of us spoke on the Floor Mr. NADLER. Mr. Chairman, today we have mitted themselves to America. who voted for the bill, we made the same an opportunity to take the first step to undo Mr. Chairman, I rise in support of the Diaz- promise. some of the damage caused by the immigra- Balart, Shaw, Meek, Ros-Lehtinen amendment Today, we take the first step to redeem that tion and welfare reform laws passed in the last to H.R. 1469, the emergency supplemental promise. Congress. That inhumane legislation was tar- appropriation bill. Welfare reform was about moving mostly geted at the most vulnerable in the immigrant I speak on behalf of the 14,380 legal immi- younger parents with children off welfare into community, and it must be reversed. I urge my grants who in 1995 listed Houston, TX as their work, safeguarding the health and care of their colleagues to support this amendment to delay intended area of residence. It is estimated that childrenÐnot about penalizing elderly, often the date of enactment of the harshest provi- 8 percent of the 18,724,000 residents of the disabled legal immigrants. sions of these laws. The Senate has already State of Texas are foreign born according to To right this wrong, we have had to over- voted overwhelmingly in support of this meas- the League of Women Voter's report ``Immi- come considerable resistance. That we are ure, and I am hopeful that the House will do gration an American Paradox.'' moving in this direction now is a tribute to the same. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2743 We must prevent the widespread human able to do so. Our action, last Congress, was are appropriated, out of any money in the hardship that threatens our communities due nothing more than a punishment for them not Treasury not otherwise appropriated, for re- to the passage of the welfare and immigration becoming U.S. citizens, a requirement that covery from natural disasters, and for over- laws. In the past few months, we have begun seas peacekeeping efforts, including those in has never been imposed on legal residents Bosnia, for the fiscal year ending September to see the often tragic impact of these laws. previously, and certainly a requirement that 30, 1997, and for other purposes, namely: We have already heard reports of many immi- should not be imposed retroactively. grants being turned out of nursing homes due Today, we have an opportunity to right a CONSERVATION RESERVE PROGRAM to the impending cutoff of their disability pay- wrong. I urge my colleagues to join in adopt- None of the funds made available to the ments. If this amendment does not become ing the gentlelady's amendment. Let us not be Secretary of Agriculture, in this or any law, we will witness much worse. Mr. Chair- guilty of inflicting needless suffering on those other Act, shall be used to enroll a total of more than 14,000,000 acres of land in the Con- man, we are in the midst of a national tragedy whose only crime is that they are not U.S. citi- servation Reserve Program during fiscal in the making. Widespread homelessness, zens. year 1997: Provided, That the Secretary, poverty, and loss of life will surely result. Pri- Ms. PELOSI. Mr. Chairman, I rise today in using his authority to enroll marginal vate charities and shelters will be unable to strong support of the Diaz-Balart/Meek pasturelands, shall not exclude the enroll- accommodate all those who will be cut off. amendment to postpone the cutoff of SSI pay- ment of rangeland for purposes of restoring The impending crisis has also led to incred- ments to legal immigrants until the end of fis- riparian habitat and protecting water qual- ible anxiety for elderly immigrants who do not cal year 1997. ity. know where to turn for help. Riva Feldsher, a The budget agreement makes good on POINT OF ORDER Russian immigrant living in Illinois who is President Clinton's promise to restore some Mr. SMITH of Oregon. Mr. Chairman, nearly blind after suffering a stroke several benefits to disabled legal immigrants. How- I rise to make a point of order against years ago, recently asked a reporter ``What ever, this restoration will not occur soon the language in H.R. 1469 appearing on am I going to do? I am an old person. The enough for nearly 800,000 elderly and dis- page 3, lines 1 through 9. only choice I have is to go on the street and abled legal immigrants who rely to SSI bene- The CHAIRMAN. The gentleman will die there.'' I have also heard stories of immi- fits for basic survival needs such as food and state his point of order. grants who have committed suicide due to the shelter, who have received notice that they Mr. SMITH of Oregon. Mr. Chairman, fear they feel about these new laws. There is may lose their benefits beginning in August. I ask unanimous consent to revise and a great deal of fear in our immigrant commu- This amendment would delay that cutoff so extend my remarks. nities, and we must make every concerted ef- that we may get serious about the business of Mr. Chairman, I will just review fort to alleviate anxiety and restore benefits. restoring benefits for these people in such quickly my point. The provisions on This is critical legislation. The measure that desperate need. page 3, lines 1 through 9, violate clause we are seeking to delay with this amendment Scores of frail and faltering immigrants have 2(b) of House rule XXI by legislating in targets legal immigrantsÐpeople who entered been driven to panic. A desperate few, at least an appropriation bill. this country legally and openly, paid taxes, five at last count, have been driven to suicide and contributed to our economyÐwho are because of impending starvation and helpless- Mr. Chairman, this amendment was now elderly and disabled and who deserve our ness. It is shameful that a country like ours al- added in the appropriation process, re- support. An extension of this kind is necessary lows vulnerable people to live with that kind of ducing CRP in the United States from to allow time for the Congress to substantially fear. Legal residents who have played by the 19 million acres to 14 million acres. It modify the law in order to protect elderly and rules to get to our country, who have worked changes the law in this country. There disabled immigrants in a more comprehensive and paid taxes and who are making a good were never hearings held on it, and in manner. While I would prefer to see an imme- faith effort to become citizens, do not deserve 1996 they decided in the FAIR bill to diate and complete restoration of benefits to the punishment this cutoff metes out. The provide for 19 million acres of CRP. legal immigrants, I support this temporary Diaz-Balart/Meek amendment is not a perma- One other point, Mr. Chairman. measure to maintain benefits while budget ne- nent solution, but it will allow these vulnerable The CHAIRMAN. The gentleman will gotiations continue. residents to continue to survive while the suspend. Without this delay, termination notices will President and this body work to rectify the While the gentleman is suspending, begin to go out in July and we will have, at the egregious and inhumane mistake that was the Chair would apologize to the gen- very least, a short-term loss of benefits which made in first eliminating the eligibility for these tleman and indicate that the gen- would be a disaster to elderly and disabled im- people in need. tleman cannot revise and extend on a migrants and the communities in which they I urge my colleagues to support the Diaz- point of order. The gentleman must live. This amendment should alleviate some of Balart/Meek amendment. state his entire point of order verbally, the tension and anxiety our elder immigrants b 1730 and the Chair does apologize, and rec- feel, and will temporarily breathe life back into ognizes the gentleman again. The CHAIRMAN. All time has ex- the lives of legal immigrants who otherwise Mr. SMITH of Oregon. I, too, apolo- pired. would be left without critical life-supporting as- gize, Mr. Chairman. In that event, I The question is on the amendment sistance. We owe it to them to pass this will return to my script, here. Mr. offered by the gentleman from Florida amendment today and to fully restore benefits Chairman, I was simply trying to save [Mr. DIAZ-BALART]. by the end of September. I strongly urge my some time. colleagues to vote in favor of the Diaz-Balart- The question was taken; and the Mr. Chairman, I rise to make a point Meek amendment. Chairman announced that the ayes ap- Mr. TOWNS. Mr. Chairman, I rise in support peared to have it. of order against the provisions entitled of the gentlewoman from Florida's amend- Mrs. MEEK of Florida. Mr. Chair- as the Conservation Reserve Program, ment. This amendment correct a grievous man, I demand a recorded vote, and CRP, appearing in title I, chapter 1, of wrong against elderly and disabled legal immi- pending that I make a point of order H.R. 1469 at page 3, lines 1 through 9, of grants which was enacted by Congress as that a quorum is not present. the emergency supplemental appro- part of last year's welfare reform law. One of The CHAIRMAN. Pursuant to House priation bill for fiscal year 1997. the reasons that I opposed that measure was Resolution 149, further proceedings on The provision cited above violates the elimination of SSI and food stamp benefits the amendment offered by the gen- clause 2(b) of rule XXI of the House in to many of this Nation's legal residents. With- tleman from Florida [Mr. DIAZ- that it contains legislative or authoriz- out this amendment over 800,000 legal immi- BALART] will be postponed. ing language in an appropriation bill, grants will lose their eligibility for SSI and food The point of no quorum is considered as noted. stamps, and in some cases their Medicaid withdrawn. The provision would place a cap on benefits, in August while this body is in re- Pursuant to the rule, the Clerk will funds made available to the Secretary cess. It must be remembered that many of read. of Agriculture, ‘‘in this or any other these immigrants were invited to this country The Clerk read as follows: Act’’, for an enrollment of not more as refugees or arrived through the family re- H.R. 1469 than 14 million acres during fiscal year unification provisions of our immigration law. Be it enacted by the Senate and House of Rep- 1997. Many worked, paid taxes and contributed to resentatives of the United States of America in The funding for the Conservation Re- this society, as long as they were physically Congress assembled, That the following sums serve Program in 1997 appears in Public H2744 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Law 104–180, the Agriculture Appro- The provision on page 3, lines 1 or any prior fiscal year for the Fund for the priations act for the year 1997, that re- through 9, also contains legislative lan- Improvement of Education under the head- imburses the Commodity Credit Cor- guage directing the Secretary to in- ing ‘‘DEPARTMENT OF EDUCATION—Edu- poration Fund for realized losses sus- clude ‘‘rangeland’’ in enrolling mar- cation Research, Statistics, and Improve- ment’’ may be used to develop, plan, imple- tained, but not previously reimbursed, ginal pasturelands in the Conservation ment, or administer any national testing and general funds for the CRP program Reserve Program. program in reading or mathematics. are authorized in Public Law 101–624 The inclusion of ‘‘rangeland’’ in the Mr. OBEY. Mr. Chairman, I reserve a enacted on April 4, 1996 (16 U.S.C. 3831 CRP would add newly eligible land to point of order. (d)) that amended section 1231, as au- the program such as that devoted to a Mr. GOODLING. Mr. Chairman, my thorized under subchapter B of chapter natural vegetative cover or a condition amendment is simple. It prohibits the 1 of subtitle D of title XII of the Food occurring as a result of a natural vege- Department of Education from spend- Security Act of 1985. tative process that was not heretofore ing any 1997 or prior year’s funding to The latter provision of the Food Se- eligible for enrollment in the CRP and develop the President’s national tests curity Act provides a cap on the maxi- is thus legislative language inserted in in reading and math. mum enrollment for the CRP at any the bill in violation of clause 2(b) of The effect of my amendment is to one time during the 1996 through 2002 House Rule XXI. slow down a runaway train that gives calendar years of 36,400,000 acres. Ac- Finally, the proponent of this provi- Congress time to carefully and me- cordingly, the provision that is the sion has the burden to show that such thodically examine an issue of enor- subject of the point of order is not con- legislative language and limitations mous magnitude, the issue of national fined to the funds in the bill and is not noted above, when fairly construed, do testing. otherwise in order as an exception to not change existing law. See House For a little bit of background, in clause 2(b) of House Rule XXI. See Practice, Appropriations section 50, February of this year the President Deschler’s Precedents, Chapter 26, sec- page 118, and the citations noted there- first proposed that individual national tions 27.20 to 27.21, and the Chapter, in. tests be given to fourth and eight grad- Appropriations section 59, House Prac- The CHAIRMAN. Does the gentleman ers in reading and math. Since that tice, 104th Congress, 2nd session (1996) from Wisconsin [Mr. OBEY] wish to be time the Department of Education has and the citations noted there. heard on the point of order? chosen to move full speed ahead with The provision in H.R. 1469 on the Mr. OBEY. Mr. Chairman, just to en- the development of these national tests CRP, in the guise of a limitation, is not thusiastically concede the point of in 1997 and 1998, all without specific or a retrenchment in funding and there- order. explicit congressional approval. fore does not constitute an exemption The CHAIRMAN. The gentleman en- The Department plans to administer to the House Rule XXI, clause 2(b), in- thusiastically will concede the point of these tests beginning in 1999. In fact, asmuch as the Congressional Budget order. the administration is so anxious to do Office funding estimate for H.R. 1469 Does the gentleman from Washington these tests they have already issued a reflects no reduction in direct spending [Mr. NETHERCUTT] wish to be heard on request for proposal for two test devel- for the year 1997 by reason of the impo- the point of order? opment contracts. The RFP was first Mr. NETHERCUTT. Mr. Chairman, I sition of the CRP ‘‘cap’’ of 14 million published on April 25, 1997, and con- am happy to join my distinguished col- acres. tracts are expected to be signed after league, the chairman of the Sub- Mr. OBEY. Mr. Chairman, is it appro- June 24, 1997. priate to ask whether or not the gen- committee on Agriculture, in making In effect, the Department of Edu- tleman can stop reading if the Commit- this point of order. It is well-taken. cation is attempting to do what it Mr. Chairman, as a member of the tee concedes the point of order? wants to do without regard of Con- Subcommittee on Agriculture of the Mr. SMITH of Oregon. I would be de- gress’ role. Yet, there are a number of Committee on Appropriations who lighted. I was attempting to shorten important questions that need to be worked very hard to make sure this this, as the gentleman understands. carefully considered and fully debated. You may make fun of me. This is my cap was lifted, and worked with the How do these tests improve edu- job, please. I am going to finish it. chairman of the Subcommittee on Ag- cation? U.S. schoolchildren are already The CHAIRMAN. The gentleman can- riculture as well, I support the making the most tested students in the world. not yield time. The gentleman from Or- of the point of order against this provi- We already know the academic egon has time under his point of order. sion because it proposes to change ex- achievement levels of students are not Mr. SMITH of Oregon. Mr. Chairman, isting law. It constitutes legislation in what they should be. We do not need I will try to do this as quickly as pos- an appropriation bill. It violates clause another measure to tell us something sible for the gentleman. 2(d) of rule XXI. It does not apply sole- that we already know. Continuing, see Deschler’s Prece- ly to the appropriation under consider- Will these tests distort school curric- dents, Chapter 26, sections 51.12 and ation. It is operative beyond the fiscal ula by causing teachers to teach to the 52.4, House Practice, Appropriations, year for which the appropriation ap- test? Will these tests divert energy and section 54, supra. However, such a plies, and it should be stricken. The resources away from other more impor- ‘‘cap’’ would clearly appear to impose CRP program should be able to go for- tant education reform efforts? Will na- new duties and new determinations on ward under the farm bill without a lim- tional tests undermine State and local the Secretary of Agriculture based on itation on acreage in 1997. standards and assessments already un- what would have to be reductions in an The CHAIRMAN. The point of order derway? anticipated 19 million acre enrollment is conceded and sustained. It is surprising to me that anyone (out of over 25 million acres of bids AMENDMENT NO. 16 OFFERED BY MR. GOODLING would try to move ahead without con- submitted) contemplated in the USDA- Mr. GOODLING. Pursuant to the gressional approval in something that CRP No. 15 sign-up that was completed rule, Mr. Chairman, I offer amendment is as controversial as national testing. March 28, 1997. Moreover, it would tend No. 16 printed in the RECORD. When we did NAEP, and for those to have an adverse effect on the USDA- The CHAIRMAN. The Clerk will des- Members not familiar with NAEP, CRP No. 14 sign-up authorized by the ignate the amendment. NAEP tests are a national assessment, Secretary September 13, 1996, and that The text of the amendment is as fol- we do them in reading, we do them in is a continuing sign-up designated to lows: math, we do them in science and sev- enroll wildlife habitat, waterways, fil- Amendment No. 16 offered by Mr. GOOD- eral other subjects, a program where LING: ter strips, and so on, to be enrolled in Page 2, after line 23, insert the following we spend $30 million a year. But we had a special CRP program for environ- new section: 21 months of hearings and work by mental related practices. It is submit- PROHIBITION OF FUNDS FOR NEW NATIONAL committees and on the floor of the ted that the thrust and the express TESTING PROGRAM IN READING AND MATHE- House before NAEP was ever approved. wording of the provision is clearly leg- MATICS Here we are going to not do random islation appearing in an appropriations SEC. 3003. None of the funds made available sampling, but we are talking about bill. in this or any other Act for fiscal year 1997 testing all children. As I indicated, we May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2745 are the most tested Nation in the tem would be and how it would be aligned Mr. GOODLING. Mr. Chairman, I will world, but what bothers me most of all with our state standards and assessments not waste the time since the die was al- is we are putting the cart before the system.’’ ready cast in the Committee on Rules. The President of the Virginia State Board horse. When you find you have a prob- of Education: ‘‘In Virginia, taxpayers have The CHAIRMAN. For the reasons lem, you set standards, but after you already paid once for new state tests and stated, the point of order is sustained. set the standards then you have to pre- standards. Why should we now have to pay The Clerk will read. pare the teacher to teach to the stand- again for national tests which we don’t want The Clerk read as follows: ards. You do not test first, because how and don’t need? . . . The federal Department TREE ASSISTANCE PROGRAM can the child do well in the test if the of Education, that did such an outrageously For assistance to small orchardists to re- poor job with the National History Stand- place or rehabilitate trees and vineyards teacher is not prepared? ards, are not the folks I want in charge of na- If we have this kind of money, why damaged by weather and related conditions, tional tests for our children. $9,000,000, to remain available until ex- are we not better preparing the teacher The National Right to Read Foundation: pended: Provided, That the entire amount to teach these first-grade children? For ‘‘Congress has authorized the use of the Na- shall be available only to the extent an offi- tional Assessment[s] of Education Progress those who have never had the experi- cial budget request for $9,000,000, that in- test, and that should be a sufficient source of ence, 20 youngsters coming to a first cludes designation of the entire amount of grade teacher, or 30, God forbid, in data collection. . . . Certainly, such a far reaching [testing] proposal should require a the request as an emergency requirement as some classrooms, come at 30 different Congressional investigation.’’ defined in the Balanced Budget and Emer- reading readiness levels. Some may be Christian Coalition: ‘‘While testing may be gency Deficit Control Act of 1985, as amend- ready to read immediately, some will a useful tool to measure a student’s aca- ed, is transmitted by the President to the not be ready to read until December, demic achievement, we strongly urge the Congress, Provided further, That the entire some not until January, and then, if Congress to fully utilize its authority under amount is designated by Congress as an emergency requirement pursuant to section they are socially promoted, it means the authorization process and carefully con- sider the implications of such a plan.’’ 251(b)(2)(D)(i) of such Act. they are a half year already behind. Family Research Council: ‘‘We commend NATURAL RESOURCES CONSERVATION Our money should go to all of our ef- Mr. Goodling for his attempt to check the SERVICE forts to make sure that these children Administration’s plan to force a national WATERSHED AND FLOOD PREVENTION testing agenda on the American public with- are reading-ready before they come to OPERATIONS out approval from our elected representa- first grade, and then if there is addi- For an additional amount for ‘‘Watershed tional money, preparing these teachers tives in Congress.’’ American Association of Christian and Flood Prevention Operations’’ to repair so that they can teach to the new Schools: ‘‘No expansion of additional na- damages to the waterways and watersheds standards, but, above all, so that they tional government tests should be imple- resulting from flooding and other natural can improve the manner in which they mented without Congressional hearings, de- disasters, $150,700,000, to remain available teach so that we do not get the infor- bate and opportunities for public comment.’’ until expended: Provided, That the entire mation that we already know, which is Traditional Values Coalition: ‘‘Regardless amount shall be available only to the extent an official budget request for $150,700,000, that a lot of children are not reading of your personal opinion regarding federal involvement in developing individualized that includes designation of the entire very well at third grade level. tests, this issue is very controversial and amount of the request as an emergency re- b 1745 thus should not be enacted without specific quirement as defined in the Balanced Budget Congressional authorization.’’ and Emergency Deficit Control Act of 1985, I would hope that we consider the Eagle Forum: ‘‘There already exists such a as amended, is transmitted by the President fact that we are moving too rapidly on [national] test, the National Assessment of to the Congress: Provided further, That the something that is very, very controver- Educational Progress (NAEP), that came entire amount is designated by Congress as sial in education. about after extensive Congressional con- an emergency requirement pursuant to sec- Mr. Chairman, I include the following sultation and through specific Congressional tion 251(b)(2)(D)(i) of such Act: Provided fur- authorization. No expansion or additional information for the RECORD: ther, That if the Secretary determines that national government tests should be imple- the cost of land and farm structures restora- GROUPS THAT SUPPORT THE GOODLING AMEND- mented without Congressional hearings and tion exceeds the fair market value of an af- MENT (AMENDMENT GIVES CONGRESS TIME debate, and the opportunity for concerned fected cropland, the Secretary may use suffi- TO CAREFULLY REVIEW THE PRESIDENT’S citizens to voice their opinions.’’ cient amounts, not to exceed $10,000,000, from NATIONAL TESTING PROPOSAL) POINT OF ORDER funds provided under this heading to accept FAIRTEST—National Center for Fair and The CHAIRMAN. Does the gentleman bids from willing sellers to provide flood- Open Testing: ‘‘Will a full range of accom- from Wisconsin [Mr. OBEY] insist on his plain easements for such cropland inundated modations be available to students with dis- point of order? by floods: Provided further, That none of the abilities? . . . Will these tests divert energy Mr. OBEY. Yes, Mr. Chairman. funds provided under this heading shall be and resources away from other more impor- The CHAIRMAN. The gentleman will used for the salmon memorandum of under- tant education reform efforts? . . . National standing. tests should not be established without sub- state the point of order. RURAL HOUSING SERVICE stantial debate in Congress, in states, and in Mr. OBEY. Mr. Chairman, I rise to a communities across the nation. . . . The point of order against the amendment. RURAL HOUSING INSURANCE FUND PROGRAM issue should be carefully considered, weighed There are no funds in this act for test- Notwithstanding Section 520 of the Hous- and debated before the administration is al- ing. ing Act of 1949, as amended, (42 U.S.C. 1490) lowed to move ahead with any significant I would make a point of order against the College Station area of Pulaski County, new testing plans; this amendment will slow the amendment because it proposes to Arkansas shall be eligible for loans and down the process and allow for such careful change existing law, constitutes legis- grants available through the Rural Housing consideration to occur.’’ lation in an appropriations bill, vio- Service. The Association of American Publishers lates clause 2 of Rule XXI. AMENDMENT NO. 8 OFFERED BY MR. FAZIO OF (represents all of the major commercial and The amendment proposes to include CALIFORNIA nonprofit companies that publish and score language in the bill that would pro- Mr. FAZIO of California. Mr. Chair- achievement tests for elementary and sec- hibit the expenditure of previously ap- man, I offer an amendment. ondary students): ‘‘[AAP] has concerns about The CHAIRMAN. The Clerk will des- certain assumptions in the proposed testing propriated funds made available in fis- plan. . . . if we are to develop and implement cal 1997 and prior appropriation acts. ignate the amendment. such tests, it is important that there be a na- The amendment clearly seeks to The text of the amendment is as fol- tional consensus on the issues they pose change existing and prior laws. lows: . . . Obtaining Congressional authorization Deschler’s Precedents contains the Amendment No. 8 offered by Mr. FAZIO of for developing and implementing such tests following language: ‘‘Language in a California: will assure that . . . policy implications are supplemental appropriation bill which Page 5, after line 7, insert the following: properly addressed.’’ is applicable to funds appropriated in In addition, for replacement of farm labor The California State Board of Education: housing under section 514 of the Housing Act ‘‘Without a change in law, there is simply no another act constitutes legislation and of 1949 that was lost or damaged by flooding way for us to entertain a commitment to a is not in order.’’ that occurred as a result of the January 1997 national standards and assessments process. I would urge a ruling of the Chair. floods, $1,000,000, to be derived by transfer Moreover, such a commitment would not be The CHAIRMAN. Does the gentleman from amounts provided in this Act for ‘‘Fed- advisable. . . . until we can see exactly what from Pennsylvania [Mr. GOODLING] eral Emergency Management Agency—Disas- the national standards and assessments sys- wish to be heard on the point of order? ter Relief’’: Provided, That, notwithstanding H2746 CONGRESSIONAL RECORD — HOUSE May 15, 1997 any other provision of law, any county des- until the end of 1998 from the Endan- We owe a great debt to the Federal Emer- ignated as a disaster area by the President gered Species Act. gency Management Agency, the Corps of En- shall be eligible to apply to the Secretary of This is a very valuable amendment gineers, the Bureau of Reclamation, the De- Agriculture for assistance from such funds, crafted with bipartisan participation. which shall be immediately dispersed by the partment of Agriculture, and many other agen- Secretary upon documented loss of farm It is based on a simple premise that cies who have provided skilled and timely as- labor housing units: Provided further, That emergency repairs should go forward in sistance to many Californians. such funds shall be used by the recipient disaster counties nationwide. In addi- Although the flood-fights that were a com- countries to assist the purchase of farm tion, it has important preventive com- mon occurrence in California in January are labor housing, including (but not limited to) ponents that permit repairs when there over, the Corps of Engineers is still working mobile homes, motor homes, and manufac- is an imminent threat to lives and with state and local officials to repair breached tured housing. property. The full House endorsed this levees, strengthen weak spots, and bring our Mr. LIVINGSTON. Mr. Chairman, I same provision last week by a vote of flood control system back into shape before reserve a point of order against the 227 to 196. the next flood season. gentleman’s amendment. Although I understand some jurisdic- So I rise in support of this disaster assist- The CHAIRMAN. A point of order has tional objections to including it in the ance bill and urge my colleagues to send it been reserved. appropriations bill exist, I believe it is forward with no further delay. Mr. FAZIO of California. Mr. Chair- necessary as a component in providing Although a number of extraneous non- man, it is not my intention to call for this disaster assistance. I will do every- emergency provisions have been added to the a vote. In fact, it is my intention to thing I can to see that it is included in bill, there is one provision that goes hand in withdraw the amendment after my the final version of this bill when it hand with disaster fundingÐthe provision brief comments. emerges from conference. adopted unanimously by the Appropriations The purpose of the amendment is to I am also grateful to the Committee Committee granting an emergency exemption highlight a significant problem with on Appropriations for recognizing the for flood repairs until the end of 1998 from the farm worker housing that has resulted special need we have in California and Endangered Species Act. in our January floods in California. elsewhere, providing $9 million for the This is a very valuable amendment crafted About 300 units of housing have been Tree Assistance Program to help small with bipartisan participation. It is based on a destroyed in Sutter and Yuba Counties. orchardists. It recognizes a special simple premise: That emergency repairs But as a recent article in the Sac- problem, that in many cases orchard- should go forward in disaster counties nation- ramento Bee has pointed out this past ists may not lose just one year’s crop, wide. In addition, it has an important preven- week, FEMA has refused to provide as- which would be covered by crop insur- tive component that permits repairs when sistance for temporary emergency ance, but may experience a loss that there is an imminent threat to lives and prop- housing. To some of us, FEMA’s rea- will take 6 to 10 years from which to erty. The full House endorsed this same provi- sons appear to be technicalities, and it recover. sion last week by a vote of 227 to 196. Al- does not change the fact that numer- This assistance is a real necessity though I understand some jurisdictional objec- ous farm workers have come to our and it is available to any State where tions to including it in an appropriations bill, I area in the seasonal harvest and are people who own orchards have experi- believe it is a necessary component of provid- now ill-housed or are being directed to enced losses of a significant nature. I ing this disaster assistance, and I will do ev- rental housing that far exceeds their thank my colleagues for supporting its erything I can to see that it is included in the ability to pay. inclusion in this bill. final version of this bill. The President has I am hopeful that the flexibility of I also associate myself with the re- agreed to sign the provision. the Thune-Pomeroy amendment con- marks made by my colleague, the gen- I'm also grateful to the Appropriations Com- cerning community development block tleman from New York [Mr. WALSH] mittee for recognizing a special need we have grants that the House adopted earlier earlier today during general debate re- in California and elsewhere by providing $9 today will permit these communities garding the Conservation Reserve Pro- million for the Tree Assistance Program to to meet this special need that has aris- gram. help small orchardists. This program was first en. I will insert a letter from USDA Sec- authorized in previous disaster acts in 1988 I also want to make some brief gen- retary Dan Glickman, which endorses and 1989. eral comments about this bill. We may the goals that we were pursuing in ad- It recognizes a special problemÐthat in have forgotten now, but California ex- vocating a 14 million acre cap to the many cases, orchardists may not lose just 1 perienced a major flood catastrophe CRP program. year's crop, which would be covered by crop during December and January which This is a necessity for California and insurance, but may experience a loss that will resulted in nine deaths and an esti- many areas of the country that have take 6 to 10 years from which to recover. mated 2 billion dollars’ worth of dam- experienced disasters this year. This The provision is targeted at small orchard- age to homes, businesses and property. bill is a significant step in the right di- istsÐthose who own 500 or fewer acres and More than 100,000 Californians were rection. I urge my colleagues to send it whose gross income does not exceed evacuated from their homes. to the President as quickly as possible. $2,000,000, and who suffer losses in excess We owe a great debt to the Federal Mr. Chairman, I rise in support of H.R. of 35 percent. Reimbursement cannot exceed Emergency Management Agency, the 1469, the emergency supplemental appropria- 65 percent of the cost of replanting trees. The Corps of Engineers, the Bureau of Rec- tions bill. assistance in any calendar year is limited to lamation, and the Department of Agri- As some of my colleagues choose to focus $25,000, and no duplicative payments may be culture, and many other agencies who on nonemergency, extraneous amendments, I received under the forestry incentives pro- have provided skilled and timely as- want to remind my colleagues of the enor- gram, agricultural conservation program, or sistance to many Californians. Al- mous needs faced by my State and by others other Federal program. though the flood fights that were a throughout the Nation. That's the purpose of This assistance is a real necessity, and it is common occurrence in California in this bill, and we should not forget it. available to any State where orchardists have January are over, the corps is still California experienced a major flood catas- experienced losses of this kind. I thank my working with State and local officials trophe during December and January which colleagues for supporting its inclusion in this to repair breached levees, strengthen resulted in nine deaths and an estimated 2 bil- bill. weak spots, and bring our flood control lion dollars worth of damages to homes, busi- I also want to highlight a significant problem system back into shape before the next nesses, and property. Agricultural losses ex- with farmworker housing that has resulted flood season. ceeded $150 million, and losses to our na- from our January floods in California. About A number of nonemergency provi- tional forests exceeded $100 million. 300 units of housing have been destroyed in sions have been added to the bill, but Eight national parks in California were dam- Sutter and Yuba Counties. But as an article in there is one provision that goes hand in aged including $176 million in damage to one the Sacramento Bee pointed out this past hand with disaster funding, the provi- of the national park system's crown jewelsÐ week, FEMA has refused to provide assist- sion adopted unanimously by the Com- Yosemite National Park. ance for temporary emergency housing. To mittee on Appropriations granting an More than 100,000 Californians were evacu- some of us, FEMA's reasons appear to be emergency exemption for flood repairs ated from their homes. technicalities, and it doesn't change the fact May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2747 that numerous farmworkers have come to our Another important provision of the CRP au- (FY) 1997 that the Subcommittee on Agri- area to work in the seasonal harvest and are thorization in the farm bill allowed for the en- culture and Related Agencies added to the now ill-housed or are being directed to rental rollment of riparian rangeland which has high FY 1997 supplemental appropriations bill raises a number of questions to which I wel- housing that far exceeds their ability to pay. I conservation values. This would be of benefit come the opportunity to respond. Moreover, am hopeful that the flexibility of the amend- to States like California and New Mexico, but I hope the information in my letter does two ment concerning the Community Development since it is a new aspect of CRP, the Depart- things. First, I want to assure you we share Block Grant that the House adopted earlier ment of Agriculture needs more time to edu- the same objective of ensuring that the CRP today will permit these communities to meet cate our farmers and ranchers of this impor- enrolls only the most environmentally sen- this special need that has arisen. tant change. We also thought it was important sitive land. Second, I hope you reconsider the amendment to ensure that USDA has the I also am supportive of the administration's to try to reserve acreage for the National Buff- $76 million request for WIC, the Women, In- maximum flexibility to meet that goal. er Strip Initiative and the State Enhancement This limitation on enrollments would un- fants, Children's Supplemental Nutrition Pro- Program in order to further improve both the duly sacrifice the program’s ability to gram Although some have charged that this is conservation practices and environmental ben- achieve immediately substantial environ- somehow a welfare program, it is a straight- efits of the CRP. Buffer strips are perhaps the mental benefits by excluding a large portion forward supplemental nutrition program not most effective means of controlling farm run- of the approximately 25 million acres offered for enrollment during the recently com- unlike the school milk program and the school off. By serving as a filter for runoff from farms, lunch program that kids of all income brackets pleted fifteenth signup. The limitation would buffer strips can clean from 50 to 90 percent also mean that the program would no longer across the U.S. benefit from. of pollutants before they enter drainage ca- Perhaps no other Federal program can provide environmental benefits from the sig- nals, streams, and waterways. Additionally, nificant amount of acreage currently en- boast of such a demonstrable returnÐfor the State Enhancement Program initiatives rolled in the CRP with well established prac- every dollar invested in improving the health of offer better coordination and better conserva- tices yielding desirable wildlife, water qual- WIC recipients such as pregnant women, tion practices by approaching soil erosion, ity, and soil erosion benefits. If that acreage nursing mothers, and small children, $3.50 is is not allowed to reenroll, the program will water quality, and wildlife habitat problems on saved in Federal health programs such as suffer a corresponding loss of environmental a watershed-wide basis. Today, land is en- Medicaid. It is an enormous value and a benefits already established. rolled in the CRP on a farm-by-farm basis, so worthwhile investment, and I was disappointed Your letter suggests that 8 to 9 million the conservation practices on one farm may or acres of the 36.4 million acres authorized for that the majority party on the Agriculture Ap- may not be consistent or compatible with con- enrollment in the CRP be set aside for the propriations Subcommittee and the majority on enrollment of buffers such as filter strips and the full Appropriations Committee did not ac- servation practices being undertaken on a neighboring farm. The State Enhancement riparian buffers and the Conservation Re- cept the President's request for this program. serve Enhancement Program (CREP). I To may knowledge, the Republican majority Program provides for watershed-based solu- strongly support such a policy. In fact, I an- did not challenge OMB's request in any other tions that will be more effective in dealing with nounced a new initiative to establish 2 mil- spending area, with the exception of WIC. In pressing conservation problems. lion miles of conservation buffers by the Our intention in proposing a temporary cap fact, the committee increased spending over year 2002. USDA is working with both public on acres was to direct Secretary Glickman to and private entities, who have committed 1 OMB's request in a number of areas based on reserve 8 million acres for these new and million dollars over the next 3 years to pro- revised estimates stemming from the disas- mote the benefits of installing conservation ters. But the one program challenged by the worthwhile purposes, and I am glad to an- nounce that he has committed to reserving buffers. I am convinced that this initiative Republican majority for supposed mismanage- will greatly enhance the significant steps ment and overfunding just happens to be the sufficient acreage to accomplish these objec- USDA has already taken in its own public in- one that is of benefit to pregnant women and tives. formation campaign that included a letter I In addition, one widely ignored benefit of the young children. sent to all current CRP contract holders. Yet the estimates of funding need are pro- 14-million-acre cap is that the Congressional USDA projects that the conservation buffer vided by individual States, many of whom are Budget Office would have scored a $31 million initiative will enroll about 7 million acres, and I can assure you that USDA will reserve served by Republican Governors. Gov. Pete savings in our fiscal year 1998 bill and $177 million in our fiscal year 1999 bill. The regular a sufficient amount of acreage to manage Wilson of California wrote our committee on this initiative successfully. May 9 requesting sufficient funding for the Ag Appropriation bill will be marked up in just I appreciate your comments that USDA’s 1.25 million California women and children a few weeks, and it will be an exceedingly policy of basing CRP rental rates on the currently served by the WIC Program in our tight year to fund the many priorities in our bill local dryland agricultural rental value of the State. He said that California alone requires which includes WIC, agricultural research, acreage offered may be an impediment to an additional $26.7 million in supplemental rural development, food safety, and the Food having a nationwide program. This policy is taken from the direction the Committee Federal funding. It is estimated that as many and Drug Administration. Our critics need to come to grips with the fact that we all support wrote into House Report 104–613, the report as 169,000 eligible beneficiaries in California of the Committee accompanying the Agri- will lose these supplemental nutrition benefits the many deserving programs in our bill and culture, Rural Development, Food and Drug if less than the OMB request is provided. are going to have to devise ways to pay for Administration, and Related Agencies Ap- I am pleased that the House is correcting them unless we want to make significant cuts propriations Act for Fiscal Year 1997: The this terrible judgment by the majority party and at USDA. Committee also reaffirms its position that is voting to provide the full $76 million re- I am committed to an eventual signup of the contract rates should not exceed the prevail- quested. 36 million maximum acres permitted by the ing rental rates for comparable land in the Finally, I want to mention one additional pro- 1996 farm bill. The intention behind our local area. amendment was to make this truly a nation- The rental rates USDA established for the vision passed by the Appropriations Commit- CRP are based on rates developed by the tee that is likely to be struck on a point of wide program, and I hope that the debate of local officials in each county, in conform- order. It affects an amendment offered by the last few weeks has emphasized our objec- ance with the direction in the FY 1997 and Representative JIM WALSH and myself affect- tives and created the support to carry them previous years’ appropriations bills that ing the Conservation Reserve Program [CRP]. out. USDA not offer rental rates above local, pre- CRP is the largest conservation program In closing, this is an emergency disaster ap- vailing agricultural market value rental administered by the Federal Government, and propriations bill and we need this assistance in rates. the benefits of the program are essential to California and throughout the Nation. I urge Under the CREP, USDA is examining op- tions to deal with the effect development protecting and improving highly erodible lands, my colleagues to support it and send it to the values have on reducing participation in the water quality, and wildlife habitat. Unfortu- President for signing as soon as possible. CRP and is considering whether higher in- nately, there remains a great geographic dis- DEPARTMENT OF AGRICULTURE, centive payments can be made to attract of- parity in how the program is administered. The OFFICE OF THE SECRETARY, fers for the highest priority practices in cer- Appropriations Committee agreed with JIM Washington, DC, April 23, 1997. tain areas under this program. This may pro- WALSH and me to cap the amount of acreage Hon. VIC FAZIO, vide a more viable option to use CRP in that could be enrolled in 1997 by USDA at 14 U.S. House of Representatives, Rayburn House areas of high land use competition pressures. million acres to help ensure that acreage re- Office Building, Washington, DC. USDA is also committed to pursuing at- DEAR VIC: Your letter of April 17, 1997, tempts to resolve problems farmers with irri- mains available in the outyears when new about the limitation on the Department of gated lands face, since the CRP rental rates areas of the country, primarily the Northeast Agriculture’s (USDA) ability to enroll more are based on dryland rental. I have directed and the West, are ready to offer acres for en- than 14 million acres into the Conservation the Farm Service Agency and Economic Re- rollment. Reserve Program (CRP) during fiscal year search Service to review this matter. H2748 CONGRESSIONAL RECORD — HOUSE May 15, 1997

The farm bill provides specific authority to CHAPTER 2 FLOOD CONTROL AND COASTAL EMERGENCIES enroll marginal pastureland in the CRP pro- DEPARTMENT OF COMMERCE For an additional amount for ‘‘Flood Con- vided that it is devoted to riparian buffers ECONOMIC DEVELOPMENT ADMINISTRATION trol and Coastal Emergencies’’ due to flood- planted to trees. For this specific purpose, ing and other natural disasters, $415,000,000, USDA has broadened the definition of mar- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS to remain available until expended: Provided, ginal pastureland to include grazing land That the entire amount is designated by For an additional amount for ‘‘Economic along streams and rivers, even though that Congress as an emergency requirement pur- Development Assistance Programs’’ for land may not have been previously seeded, as suant to section 251(b)(2)(D)(i) of the Bal- emergency infrastructure expenses and the long as it will be devoted to riparian buffers anced Budget and Emergency Deficit Control capitalization of revolving loan funds related planted to trees. This provision will provide Act of 1985, as amended. to recent flooding and other natural disas- a popular, voluntary option to western live- DEPARTMENT OF THE INTERIOR stock ranchers and land owners to address ters, $49,700,000, to remain available until ex- water quality and wildlife concerns within pended, of which not to exceed $2,000,000 may BUREAU OF RECLAMATION the bounds of the law as it is currently writ- be available for administrative expenses and OPERATION AND MAINTENANCE ten. may be transferred to and merged with the For an additional amount for ‘‘Operation I regret that you were not informed about appropriations for ‘‘Salaries and Expenses’’: and Maintenance’’, $7,355,000, to remain the criteria for enrolling land in the CRP. Provided, That the entire amount is des- available until expended, to repair damage However, prior to publishing the final regu- ignated by Congress as an emergency re- caused by floods and other natural disasters: lations, representatives of USDA conducted quirement pursuant to section 251(b)(2)(D)(i) Provided, That of the total appropriated, the extensive briefings for both the House and of the Balanced Budget and Emergency Defi- amount for program activities that can be fi- Senate and for conservation, environmental, cit Control Act of 1985, as amended: Provided nanced by the Reclamation Fund shall be de- commodity, and farm groups. further, That the entire amount shall be rived from that fund: Provided further, That The amount of acreage that USDA accepts available only to the extent an official budg- the entire amount is designated by Congress in response to the fifteenth signup will be et request, for a specific dollar amount, that as an emergency requirement pursuant to based on an evaluation of the acreage actu- includes designation of the entire amount of section 251(b)(2)(D)(i) of the Balanced Budget ally offered for enrollment. This evaluation the request as an emergency requirement as and Emergency Deficit Control Act of 1985, is currently underway. Each offer is being defined in the Balanced Budget and Emer- as amended. gency Deficit Control Act of 1985, as amend- evaluated individually using the Environ- GENERAL PROVISIONS, CHAPTER 3 mental Benefits Index (EBI), which measures ed, is transmitted to Congress. SEC. 301. Beginning in fiscal year 1997 and the potential benefits that would result from NATIONAL INSTITUTE OF STANDARDS AND thereafter, the United States members and enrollment of that acreage. All bids are TECHNOLOGY the alternate members appointed under the ranked nationally; only those bids that pro- INDUSTRIAL TECHNOLOGY SERVICES Susquehanna River Basin Compact (Public vide the highest level of environmental bene- Of the amount provided under this heading Law 91–575), and the Delaware River Basin fits will be accepted. The EBI was first used in Public Law 104–208 for the Advanced Tech- Compact (Public Law 87–328), shall be offi- for the tenth signup. USDA has made it nology Program, not to exceed $35,000,000 cers of the U.S. Army Corps of Engineers, widely available to farmers and other inter- shall be available for the award of new who hold Presidential appointments as Regu- ested parties, including Congress, before pub- grants. lar Army officers with Senate confirmation, lication of the final rule. In closing, let me repeat that I am com- NATIONAL OCEANIC AND ATMOSPHERIC and who shall serve without additional com- mitted to maximizing the environmental ADMINISTRATION pensation. benefits of the CRP in all areas of the coun- CONSTRUCTION SEC. 302. Section 2.2 of Public Law 87–328 try. USDA intends to reserve sufficient CRP For an additional amount for ‘‘Construc- (75 Stat. 688, 691) is amended by striking the acreage enrollment authority to ensure the tion’’ for emergency expenses resulting from words ‘‘during the term of office of the Presi- success of the buffer initiative through the flooding and other natural disasters, dent’’ and inserting the words ‘‘at the pleas- continuous CRP signup and the related $10,800,000, to remain available until ex- ure of the President’’. SEC. 303. The policy issued on February 19, CREP. USDA will continue to work with pended: Provided, That the entire amount is 1997, by the U.S. Fish and Wildlife Service States to develop CREP’s and with public designated by Congress as an emergency re- implementing emergency provisions of the and private groups to further the buffer ini- quirement pursuant to section 251(b)(2)(D)(i) Endangered Species Act and applying to 46 tiative. We will continue to evaluate the of the Balanced Budget and Emergency Defi- California counties that were declared Fed- progress of the continuous signup and have cit Control Act of 1985, as amended. eral disaster areas shall apply to all counties maintained the flexibility to make improve- CHAPTER 3 nationwide heretofore or hereafter declared ments to the program if needed. If you have DEPARTMENT OF DEFENSE—CIVIL Federal disaster areas at any time during further questions regarding the CRP, now or DEPARTMENT OF THE ARMY 1997 and shall apply to repair activities on in the future, please let me know. I look for- flood control facilities in response to an im- ward to working with you on this important CORPS OF ENGINEERS—CIVIL minent threat to human lives and property initiative. FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- and shall remain in effect until the Assistant I am sending an identical letter to Con- TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- Secretary of the Army for Civil Works deter- gressman Walsh. ISIANA, MISSISSIPPI, MISSOURI, AND TEN- mines that 100 percent of emergency repairs With best personal regards, I am NESSEE Sincerely, have been completed, but shall not remain in For an additional amount for ‘‘Flood Con- effect later than December 31, 1998. DAN GLICKMAN, trol, Mississippi River and Tributaries, Ar- Secretary. kansas, Illinois, Kentucky, Louisiana, Mis- POINT OF ORDER Mr. FAZIO of California. Mr. Chair- sissippi, Missouri, and Tennessee’’ for emer- Mr. YOUNG of Alaska. Mr. Chair- man, I ask unanimous consent to with- gency expenses due to flooding and other man, I rise to a point of order. draw my amendment at this time. natural disasters, $20,000,000, to remain The CHAIRMAN. The gentleman will The CHAIRMAN. Is there objection available until expended: Provided, That the state his point of order. to the request of the gentleman from entire amount is designated by Congress as Mr. YOUNG of Alaska. Mr. Chair- an emergency requirement pursuant to sec- California? man, I make a point of order against tion 251(b)(2)(D)(i) of the Balanced Budget section 303 of the bill under clause 2 of There was no objection. and Emergency Deficit Control Act of 1985, The CHAIRMAN. The Clerk will read: as amended. Rule XXI of the Rules of the House of Representatives. The Clerk read as follows: OPERATION AND MAINTENANCE, GENERAL This section applies a U.S. Fish and FOOD AND CONSUMER SERVICE For an additional amount for ‘‘Operation SPECIAL SUPPLEMENTAL NUTRITION PROGRAM and Maintenance, General’’ for emergency Wildlife Service policy of waiving cer- FOR WOMEN, INFANTS, AND CHILDREN (WIC) expenses due to flooding and other natural tain aspects of the Endangered Species For an additional amount for the Special disasters, $150,000,000, to remain available Act to the repair of flood facilities in Supplemental Nutrition Program for until expended: Provided, That of the total certain Federal disaster areas. Under Women, Infants, and Children (WIC) as au- amount appropriated, the amount for eligi- the existing ESA, the President may thorized by section 17 of the Child Nutrition ble navigation projects which may be derived waive certain aspects of the law for re- Act of 1966, as amended (42 U.S.C. et seq.), from the Harbor Maintenance Trust Fund building facilities after a disaster. $28,000,000, to remain available through Sep- pursuant to Public Law 99–662, shall be de- The U.S. Fish and Wildlife policy is tember 30, 1998: Provided, That the Secretary rived from that fund: Provided further, That the Presidential ESA waiver for 43 shall allocate such funds through the exist- the entire amount is designated by Congress ing formula or, notwithstanding section 17 as an emergency requirement pursuant to counties in California. Section 303 ex- (g), (h), or (i) of such Act and the regulations section 251(b)(2)(D)(i) of the Balanced Budget tends this policy nationwide, thus promulgated thereunder, such other means and Emergency Deficit Control Act of 1985, broadening the existing Presidential as the Secretary deems necessary. as amended. ESA waiver. The waiver of existing law May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2749 has been construed to mean a provision CONSTRUCTION pended, to make repairs, construct facilities, changing existing law under precedents For an additional amount for construction, and provide visitor transportation and for re- of the House: Deschler chapter 26, sec- $81,000,000, to remain available until ex- lated purposes at Yosemite National Park. tions 24.5, 34.14 and 34.15. pended, to repair damage caused by floods UNITED STATES GEOLOGICAL SURVEY In addition, the amendment alters and other natural disasters: Provided, That SURVEYS, INVESTIGATIONS, AND RESEARCH existing waiver authority of the Presi- the entire amount is designated by Congress For an additional amount for surveys, in- as an emergency requirement pursuant to dent under the current ESA by limit- vestigations, and research, $4,290,000, to re- section 251(b)(2)(D)(i) of the Balanced Budget main available until September 30, 1998, to ing his authority to 2 years; under cur- and Emergency Deficit Control Act of 1985, rent law, this waiver is unlimited. Im- repair or replace damaged equipment and fa- as amended. cilities caused by floods and other natural posing a restriction on the authority of LAND ACQUISITION disasters: Provided, That the entire amount the President is also a provision chang- For an additional amount for land acquisi- is designated by Congress as an emergency ing existing law under the precedents tion, $15,000,000, to remain available until ex- requirement pursuant to section of the House because it restricts execu- pended, for the cost-effective emergency ac- 251(b)(2)(D)(i) of the Balanced Budget and tive discretion to such a degree as to quisition of land and water rights neces- Emergency Deficit Control Act of 1985, as constitute a change in policy rather sitated by floods and other natural disasters: amended. than a matter of administrative detail. Provided, That the entire amount is des- BUREAU OF INDIAN AFFAIRS ignated by Congress as an emergency re- Deschler chapter 26, sections 64–79. OPERATION OF INDIAN PROGRAMS The language was reported from the quirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi- For an additional amount for operation of Committee on Appropriations on cit Control Act of 1985, as amended. Indian programs, $11,100,000, to remain avail- able until September 30, 1998, for emergency Thursday, April 28, 1997. Therefore, this NATIONAL PARK SERVICE is a provision changing the existing response activities, including emergency CONSTRUCTION law, which, as reported in the general school operations, heating costs, emergency appropriation bill, is in violation of For an additional amount for construction welfare assistance, and to repair and replace for emergency expenses resulting from flood- facilities and resources damaged by snow, clause 2, Rule XXI. ing and other natural disasters, $186,912,000, floods, and other natural disasters: Provided, I ask the Chair to sustain my point to remain available until expended: Provided, That the entire amount is designated by of order. That the entire amount is designated by Congress as an emergency requirement pur- The CHAIRMAN pro tempore (Mr. Congress as an emergency requirement pur- suant to section 251(b)(2)(D)(i) of the Bal- SHAW). Are there any Members present suant to section 251(b)(2)(D)(i) of the Bal- anced Budget and Emergency Deficit Control who wish to be heard on the point of anced Budget and Emergency Deficit Control Act of 1985, as amended. order? Act of 1985, as amended: Provided further, CONSTRUCTION If not, for the reasons stated, the That of this amount, $30,000,000 shall be For an additional amount for construction, point of order of the gentleman from available only to the extent an official budg- $5,554,000, to remain available until ex- et request for a specific dollar amount, that Alaska [Mr. YOUNG] is sustained. pended, to make repairs caused by floods and includes designation of the entire amount of other natural disasters: Provided, That the The Clerk will read. the request as an emergency requirement as The Clerk read as follows: entire amount is designated by Congress as defined in such Act, is transmitted by the an emergency requirement pursuant to sec- CHAPTER 4 President to Congress, and upon certification tion 251(b)(2)(D)(i) of the Balanced Budget DEPARTMENT OF THE INTERIOR by the Secretary of the Interior to the Presi- and Emergency Deficit Control Act of 1985, dent that a specific amount of such funds is BUREAU OF LAND MANAGEMENT as amended. required for (1) repair or replacement of con- CONSTRUCTION cession use facilities at Yosemite National DEPARTMENT OF AGRICULTURE For an additional amount for construction Park if the Secretary determines, after con- FOREST SERVICE to repair damage caused by floods and other sulting with the Director of the Office of NATIONAL FOREST SYSTEM natural disasters, $4,796,000, to remain avail- Management and Budget, that the repair or For an additional amount for National for- able until expended, of which $3,003,000 is to replacement of those facilities cannot be est system for emergency expenses resulting be derived by transfer from unobligated bal- postponed until completion of an agreement from flooding and other natural disasters, ances of funds, under the heading ‘‘Oregon with the Yosemite Concessions Services Cor- $37,107,000, to remain available until ex- and California Grant Lands’’, made available poration or any responsible third party to pended: Provided, That the entire amount is as supplemental appropriations in Public satisfy its repair or replacement obligations designated by Congress as an emergency re- Law 104–134: Provided, That the entire for the facilities, or (2) the Federal portion, quirement pursuant to section 251(b)(2)(D)(i) amount is designated by Congress as an if any, of the costs of repair or replacement of the Balanced Budget and Emergency Defi- emergency requirement pursuant to section of such concession use facilities: Provided cit Control Act of 1985, as amended. 251(b)(2)(D)(i) of the Balanced Budget and further, That nothing herein should be con- RECONSTRUCTION AND CONSTRUCTION Emergency Deficit Control Act of 1985, as strued as impairing in any way the rights of amended. the United States against the Yosemite Con- For an additional amount for reconstruc- tion and construction for emergency ex- OREGON AND CALIFORNIA GRANT LANDS cession Services Corporation or any other party or as relieving the Corporation or any penses resulting from flooding and other nat- For an additional amount for Oregon and ural disasters, $32,334,000, to remain avail- California grant lands to repair damage other party of its obligations to the United States: Provided further, That prior to any able until expended: Provided, That the en- caused by floods and other natural disasters, tire amount is designated by Congress as an $2,694,000, to remain available until expended final agreement by the Secretary with the Corporation or any other party concerning emergency requirement pursuant to section and to be derived by transfer from unobli- 251(b)(2)(D)(i) of the Balanced Budget and gated balances of funds, under the heading its obligation to repair or replace concession use facilities, the Solicitor of the Depart- Emergency Deficit Control Act of 1985, as ‘‘Oregon and California Grant Lands’’, made amended. available as supplemental appropriations in ment of the Interior shall certify that the Public Law 104–134: Provided, That the entire agreement fully satisfies the obligations of DEPARTMENT OF HEALTH AND HUMAN amount is designated by Congress as an the Corporation or third party: Provided fur- SERVICES emergency requirement pursuant to section ther, That nothing herein, or any payments, INDIAN HEALTH SERVICE 251(b)(2)(D)(i) of the Balanced Budget and repairs, or replacements made by the Cor- INDIAN HEALTH SERVICES poration or a third party in fulfillment of Emergency Deficit Control Act of 1985, as For an additional amount for Indian health the Corporation’s obligations to the United amended. services for emergency expenses resulting States to repair and replace damaged facili- UNITED STATES FISH AND WILDLIFE from flooding and other natural disasters, ties, shall create any possessory interest for SERVICE $1,000,000, to remain available until ex- the Corporation or such third party in such pended: Provided, That the entire amount is RESOURCE MANAGEMENT repaired or replaced facilities: Provided fur- designated by Congress as an emergency re- For an additional amount for resource ther, That any payments made to the United quirement pursuant to section 251(b)(2)(D)(i) management, $2,250,000, to remain available States by the Corporation or a third party of the Balanced Budget and Emergency Defi- until September 30, 1998, for technical assist- for repair or replacement of concession use cit Control Act of 1985, as amended. ance and fish replacement made necessary facilities shall be deposited in the General by floods and other natural disasters: Pro- Fund of the Treasury or, where facilities are INDIAN HEALTH FACILITIES vided, That the entire amount is designated repaired or replaced by the Corporation or For an additional amount for Indian health by Congress as an emergency requirement any other third party, an equal amount of facilities for emergency expenses resulting pursuant to section 251(b)(2)(D)(i) of the Bal- appropriations shall be rescinded. from flooding and other natural disasters, anced Budget and Emergency Deficit Control For an additional amount for construction, $2,000,000, to remain available until ex- Act of 1985, as amended. $10,000,000, to remain available until ex- pended: Provided, That the entire amount is H2750 CONGRESSIONAL RECORD — HOUSE May 15, 1997 designated by Congress as an emergency re- Given that reality, I believe that the Now, I know that my friends on the quirement pursuant to section 251(b)(2)(D)(i) Department of Defense and Veterans other side are not unsympathetic to of the Balanced Budget and Emergency Defi- Affairs should no longer be solely this effort. I would hope that they cit Control Act of 1985, as amended. trusted with the critical task of diag- would waive, that my friend the gen- GENERAL PROVISION, CHAPTER 4 nosing and treating the up to 70,000 tleman from Louisiana [Mr. LIVING- SEC. 401. Section 101(c) of Public Law 104– gulf war veterans who are suffering STON], given the importance of this 134 is amended as follows: Under the heading issue, would waive the point of order ‘‘Title III—General Provisions’’ amend sec- today. tions 315(c)(1)(A) and 315(c)(1)(B) by striking From the end of the war until this and allow us to proceed as rapidly as in each of those sections ‘‘104 percent’’ and day, the Pentagon, the VA, and the CIA we can to address this important issue. inserting in lieu thereof ‘‘100 percent’’; by have not been forthright with the Con- The CHAIRMAN. The time of the striking in each of those sections ‘‘1995’’ and gress, the public or our veterans about gentleman from Vermont [Mr. SAND- inserting in lieu thereof ‘‘1994’’; and by strik- the causes of gulf war syndrome and ERS] has expired. ing in each of those sections ‘‘and thereafter how we can better treat the veterans POINT OF ORDER annually adjusted upward by 4 percent,’’. who are suffering from it. The CHAIRMAN. The gentleman AMENDMENT NO. 14 OFFERED BY MR. SANDERS Over and over again there has been from Louisiana [Mr. LIVINGSTON] is rec- Mr. SANDERS. Mr. Chairman, I offer denial. ‘‘Is there an illness?’’ ‘‘Well, no. ognized on his point of order. an amendment. In the beginning there was no illness.’’ Mr. LIVINGSTON. Mr. Chairman, as The Clerk will designate the amend- Then, after tens of thousands of veter- much as I might agree with the gen- ment. ans came forward, ‘‘Yeah, there is an tleman from Vermont, and I do agree The text of the amendment is as fol- illness, but it is stress.’’ ‘‘Were our sol- that the Pentagon and the VA have not lows: diers exposed to chemical warfare done enough to examine the causes and Amendment No. 14 Offered by Mr. SAND- agents?’’ Absolutely. ‘‘No, they effects of Desert Storm syndrome, I ERS: weren’t.’’ would point out that, actually, I have Page 16, after line 4, insert the following attempted to get some additional fund- new chapter: b 1800 ing to address this problem and only CHAPTER 4A Five years later, oh, yes, some of recently, because of the Pentagon’s DEPARTMENT OF HEALTH AND HUMAN them. Well, maybe 500. A few months dropping of their objections to it, have SERVICES later, well, yes, maybe 20,000. Today, I been successful in getting some of NATIONAL INSTITUTES OF HEALTH we do not know how many. There may that additional funding. I must be con- NATIONAL INSTITUTE OF ENVIRONMENTAL be 130,000. We do not know. strained to make a point of order HEALTH SCIENCES Mr. Chairman, the military theater against the amendment in this in- For an additional amount for ‘‘National In- in the Persian Gulf was a chemical stance because, in effect, it calls for an stitute of Environmental Health Sciences’’, cesspool. Our troops were exposed to $10,000,000, for emergency research of and en bloc consideration of two different treatment for the synergistic impact of chemical warfare agents, leaded petro- paragraphs in the bill. chemicals on the soldiers who served in the leum, widespread use of the very strong The precedents of the House are clear Persian Gulf and who are currently suffering pesticides, depleted uranium and the in this matter. Amendments to a para- from Gulf War Syndrome. smoke from burning oil wells, and they graph or section are not in order until Page 37, line 11, after the dollar amount, were given a myriad of pharma- such paragraph or section has been insert the following: ‘‘(reduced by ceuticals as vaccines. Further, as a re- read under Cannon’s Precedents, Vol- $10,000,000)’’. sult of the waiver from the FDA, they ume VIII, section 2354. The amend- Mr. LIVINGSTON. Mr. Chairman, I were given pyridostigmine bromide as ment, therefore, is not in order and I reserve a point of order on the gentle- an anti-nerve gas measure. would ask for a ruling from the chair. man’s amendment. Now, Mr. Chairman, the good news is The CHAIRMAN. Does the gentleman Mr. SANDERS. Mr. Chairman, the that a number of studies, and I have from Vermont [Mr. SANDERS] wish to amendment that I am offering is abso- them right here, study after study be heard on the point of order? lutely nonpartisan. There are many from the University of Texas, from Mr. SANDERS. I do, Mr. Chairman. Republicans and Democrats who are in- Southern Illinois University, from Just in an informal sense, I would creasingly frustrated about the lack of Duke University, from the University choose not to challenge the gentleman progress being made by the Depart- of Texas in Houston, what these stud- from Louisiana if I could have some as- ment of Defense in solving the crisis of ies are telling us is these scientists be- surances that he will work with me in the Persian Gulf War syndrome. lieve that there is a direct link be- trying to get some money to an agency This amendment appropriates $10 tween chemical exposure and outside of the DOD so that we can real- million to the National Institute of En- pyridostigmine bromide that our sol- ly look at the impact of chemicals on vironmental Health Sciences for emer- diers took. In other words, they have our soldiers. Is that something he gency research of and treatment for made some real progress. would be interested in working with the synergistic impact of chemicals on But what is the problem? The prob- me on? the soldiers who served in the Persian lem is that for whatever reason, and I Mr. LIVINGSTON. Mr. Chairman, I Gulf and who are currently suffering do not want to cast aspersions today, would tell the gentleman that in the from gulf war syndrome. This amend- but for whatever reasons neither the fiscal year 1998 appropriations cycle I ment offsets this appropriation by re- Department of Defense nor the VA has would be delighted to work with him. The CHAIRMAN. The gentleman ducing the amount to be appropriated been vigilant in looking at that area. from Vermont cannot yield under his for the Department of Defense, Over- They will tell us they are, but they point of order. seas Contingencies Operations Transfer have not had any results, and the truth Mr. SANDERS. I thank the chair- Fund, which is presently at $1.5 billion, is they are not moving forward. man. by $10 million. Very simply, Mr. Chairman, what The CHAIRMAN. The Chair is pre- Mr. Chairman, for over 5 years, the this amendment does is take $10 mil- pared to rule. Department of Defense and the Veter- lion, not a lot of money within the Did the gentleman from Vermont ans Administration have been studying scheme of things, and puts it into an [Mr. SANDERS] wish to withdraw his the heartbreaking issue of Persian Gulf institute, the National Institute of En- amendment? War syndrome. And frankly, they have vironmental Health Sciences, who are Mr. SANDERS. Mr. Chairman, I ask not been successful. That is the issue interested in pursuing the link between unanimous consent to withdraw my that we have got to acknowledge chemical exposure and Persian Gulf ill- amendment. today. The truth is that the DOD and ness. The CHAIRMAN. Is there objection the VA have made virtually no I think we owe it to the 70,000 men to the request of the gentleman from progress in understanding the cause of and women who are suffering today, Vermont? Persian Gulf War syndrome or develop- who put their lives on the line in the There was no objection. ing an effective treatment for it. This gulf, to look at this and to go into AMENDMENT OFFERED BY MR. KOLBE is a painful truth, but we should recog- those agencies of government who Mr. KOLBE. Mr. Chairman, I offer an nize it. want to pursue this issue. amendment. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2751 The Clerk read as follows: Phelps Dodge shall be junior to the Tribe’s from the United States to the Tribe. The right to divert and use of 7300 acre feet per United States shall train Tribal members Amendment offered by Mr. KOLBE: year for the San Carlos Apache Tribe, and no during the Interim Period, and the respon- Page 18, after line 4, insert the following such diversion for Phelps Dodge shall cause sibility to operate the Black River facilities new section: the flow of Black River to fall below 20 cubic shall be transferred upon satisfaction of two SAN CARLOS APACHE TRIBE WATER RIGHTS feet per second. The United States shall ac- conditions: (i) entry of the Final Agreement SETTLEMENT count for the costs for operating and main- described in this subsection; and (ii) a find- SEC. 402. (a) EXTENSION.—Section 3711(b)(1) taining the Black River facilities, and ing by the United States that the Tribe has of the San Carlos Apache Tribe Water Rights Phelps Dodge shall reimburse the United completed necessary training and is quali- Settlement Act of 1992 (106 Stat. 4752) is States for such costs. Phelps Dodge shall pay fied to operate the Black River facilities. amended by striking ‘‘June 30, 1997’’ and in- to the United States, for delivery to the ‘‘(C) Power lines currently operated by serting ‘‘March 31, 1999’’. Tribe, the sum of $20,000 per month, with an Phelps Dodge on the Tribe’s Reservation, (b) EXTENSION FOR RIVER SYSTEM GENERAL annual CPI adjustment, for purposes of com- and the right of way associated with such ADJUDICATION.—Section 3711 of such Act is pensating the Tribe for United States use power lines, shall be surrendered by Phelps amended by adding at the end the following and occupancy of the Black River facilities. Dodge to the Tribe, without cost to the new subsection: Phelps Dodge shall cooperate with the Unit- Tribe. Concurrently with the transfer of the ‘‘(c) EXTENSION FOR RIVER SYSTEM GEN- ed States in effectuating an orderly transfer power lines and the right of way, Phelps ERAL ADJUDICATION.—If, at any time prior to of the operations of the Black River facili- Dodge shall construct a switch station at the March 31, 1999, the Secretary notifies the ties from Phelps Dodge to the United States. boundary of the reservation at which the Committee on Indian Affairs of the United ‘‘(C) Notwithstanding any other provision Tribe may switch power on or off and shall States Senate or the Committee on Re- of law, that contract referred to in subpara- deliver ownership and control of such switch sources in the United States House of Rep- graph (B) between the United States and station to the Tribe. Subsequent to the resentatives that the Settlement Agreement, Phelps Dodge providing for the diversion of transfer of the power lines and the right of as executed by the Secretary, has been sub- water from the Black River into the Black way and the delivery of ownership and con- mitted to the Superior Court of the State of River facilities, and the delivery of such trol of the switch station to the Tribe, Arizona in and for Maricopa County for con- water to Phelps Dodge at that location Phelps Dodge shall have no further obliga- sideration and approval as part of the Gen- where the channel of Eagle Creek last exits tion or liability of any nature with respect eral Adjudication of the Gila River System the reservation for use in the Morenci mine to the ownership, operation or maintenance and Source, the March 31, 1999, referred to in complex and the towns of Clifton and of the power lines, the right of way or the subsection (b)(1) shall be deemed to be Morenci and at no other location is ratified switch station. changed to December 31, 1999.’’. and confirmed. The United States/Phelps ‘‘(D) The Tribe and Phelps Dodge intend to (c) COUNTIES.—Section 3706(b)(3) of such Dodge contract shall have no bearing on po- enter into a contract covering the lease and Act is amended by inserting ‘‘Gila, Graham, tential claims by the United States, Phelps delivery of CAP water from the Tribe to Greenlee,’’ after ‘‘Maricopa,’’. Dodge or the Tribe regarding any aspect of Phelps Dodge on the terms recommended by (d) PARTIES TO AGREEMENT.—Section the Black River facilities in the event that a the United States, the trustee for the Tribe. 3703(2) of such Act is amended by adding at final agreement is not reached among the Water for delivery to Phelps Dodge from the the end the following new sentence: ‘‘The parties under paragraph (3) below. Black River shall not exceed an annual aver- Gila Valley Irrigation District and the ‘‘(D) The power line right-of-way over the age of 40 acre feet per day, or 14,000 acre feet Franklin Irrigation District shall be added Tribe’s Reservation which currently is held per year. All diversions from Black River to as parties to the Agreement, but only so long by Phelps Dodge shall remain in place. Dur- Phelps Dodge shall be junior to the Tribe’s as none of the aforementioned parties ob- ing the interim period, Phelps Dodge shall right to divert and use of 7300 acre feet per jects to adding the Gila Valley Irrigation provide power to the United States for oper- year for the San Carlos Apache Tribe, and no and/or the Franklin Irrigation District as ation of the pump station and related facili- such diversions for Phelps Dodge shall cause parties to the Agreement.’’. ties without charge, and Phelps Dodge shall the flow of Black River to fall below 20 cubic (e) CONDITIONS.—Section 3711 of such Act, pay a monthly right-of-way fee to the Tribe feet per second. It is intended that the water as amended by subsection (b) of this Act, is of $5000 per month, with an annual CPI ad- subject to the contract shall be CAP water further amended by adding at the end the justment. that is controlled by the Tribe. The Tribe following new subsections: ‘‘(E) Any questions regarding the water and/or the United States intend to enter into ‘‘(d) CONDITIONS.—(1) IN GENERAL.—The claims associated with Phelps Dodge’s use of an exchange agreement with the Salt River June 30, 1997, deadline has been extended the Eagle Creek wellfield, its diversions of Project which will deliver CAP water to the based on the following conditions. The provi- surface water from Eagle Creek, the San Salt River Project in return for the diversion sions and agreements set forth or referred to Francisco River, Chase Creek, and/or its use of water from the Black River into the Black in paragraph (2), (3), and (4) below shall be of other water supplies are not addressed in River facilities. The lease and delivery con- enforceable against the United States, and this title. No provision in this subsection tract between Phelps Dodge and the Tribe is the conditions and agreements set forth or shall affect or be construed to affect any intended to be based on a long-term lease of referred to in paragraphs (3) and (4) shall be claims by the Tribe, the United States, or CAP water at prevailing market rates for enforceable against the Tribe, in United Phelps Dodge to groundwater or surface municipal and industrial uses of CAP water. States District Court, and the immunity of water. The parties will discuss the potential imposi- the United States and the Tribe for such pur- ‘‘(F) If a final agreement is not reached by tion of capital costs as part of the contract. poses is hereby waived. March 31, 1999, the terms set forth in sub- It is intended that the contract price shall ‘‘(2) INTERIM PERIOD.—Prior to March 31, paragraphs (A) through (E) shall no longer include operation, maintenance and replace- 1999, or the execution of a final Agreement apply. Under such circumstances, the occu- ment (OM&R) charges associated with the under paragraph (3) below, whichever comes pancy of the Black River facilities shall re- leased CAP water, and it is intended that the first, the following conditions shall apply: vert to Phelps Dodge on March 31, 1999, and contract will take into account reasonable ‘‘(A) As of July 23, 1997, Phelps Dodge shall the Tribe and/or Phelps Dodge shall be free charges associated with the Tribe’s oper- vacate the reservation and no longer rely to prosecute litigation regarding the validity ations and maintenance of the Black River upon permit #2000089, dated July 25, 1944, ex- of Phelps Dodge use of the Black River fa- facilities, and a credit for power provided for cept as provided in subparagraph (F) and the cilities. In any such event, the Tribe, the such facilities. It is intended that the water Tribe will stay any further prosecution of United States, and Phelps Dodge shall have delivered under this contract will be utilized any claims or suits filed by the Tribe in any the same rights with respect to the Black in the Morenci mine complex and the towns court with respect to the Black River facili- River facilities as each had prior to the en- of Clifton and Morenci, and for no other pur- ties or the flowage of water on Eagle Creek. actment of this subsection and nothing in pose. The United States, with the permission of this subsection shall be construed as altering ‘‘(E) Any questions regarding the water the Tribe, shall enter and operate the Black or affecting such rights nor shall anything claims associated with Phelps Dodge’s use of River pump station, outbuildings, the pipe- herein be admissible or otherwise relevant the Eagle Creek wellfield, its diversions of line, related facilities, and certain caretaker for the purpose of determining any of their surface water from lower Eagle Creek, the quarters (hereinafter referred to collectively respective rights. San Francisco River, Chase Creek, and/or its as the ‘Black River facilities’). ‘‘(3) FINAL AGREEMENT.—The United States, use of other groundwater supplies are not ad- ‘‘(B) As of July 23, 1997, the United States, Phelps Dodge, and the Tribe intend to enter dressed by this title. No provision in this through the Bureau of Reclamation, shall into a Final Agreement on or before March subsection shall affect or be construed to af- operate and maintain the Black River facili- 31, 1999, which Agreement shall include the fect any claims by the Tribe, the United ties. The United States and Phelps Dodge following terms: States, or Phelps Dodge to groundwater or shall enter into a contract for delivery of ‘‘(A) The United States shall hold the surface water. water pursuant to subparagraph (C), below. Black River facilities in trust for the Tribe, ‘‘(4) EAGLE CREEK.—From the effective date Water for delivery to Phelps Dodge from the without cost to the Tribe or the United of this subsection, the Tribe covenants not Black River shall not exceed an annual aver- States. to impede, restrict, or sue the United States age of 40 acre feet per day, or 14,000 acre feet ‘‘(B) Responsibility for operation of the regarding, the passage of water from the per year. All diversions from Black River to Black River facilities shall be transferred Black River facilities into those portions of H2752 CONGRESSIONAL RECORD — HOUSE May 15, 1997 the channels of Willow Creek and Eagle The CHAIRMAN. The point of order committee on Housing and Community Creek which flow through the Tribe’s lands. is conceded and sustained. Opportunity of the Committee on The Tribe covenants not to impede, restrict, The CHAIRMAN. The Clerk will read. Banking and Financial Services. or sue Phelps Dodge regarding, the passage The Clerk read as follows: Mr. LEWIS of California. Mr. Chair- of historic maximum flows, less transpor- tation losses, from the existing Phelps Dodge CHAPTER 5 man, it was our intent, I say to the Upper Eagle Creek Wellfield, except that (i) DEPARTMENT OF TRANSPORTATION gentleman, if he will continue to yield Phelps Dodge shall pay to the United States, COAST GUARD time, that those reserve funds be used for delivery to the Tribe, $5000 per month, currently in a way that will assure the RETIRED PAY with an annual CPI adjustment, to account House that we are committed to mak- the passage of such flows; and (ii) the Tribe For an additional amount for ‘‘Retired Pay’’, $4,200,000. ing certain that those people currently and the United States reserve the right to who are receiving assistance will have challenge Phelps Dodge’s claims regarding FEDERAL AVIATION ADMINISTRATION a continued commitment from the the pumping of groundwater from the upper FACILITIES AND EQUIPMENT Eagle Creek wellfield, in accordance with committee and from the House. (AIRPORT AND AIRWAY TRUST FUND) paragraphs (2)(E) and (3)(E) above. Nothing Mr. KENNEDY of Massachusetts. Mr. in this subsection shall affect or be con- For additional necessary expenses for ‘‘Fa- Chairman, I very much appreciate the strued to affect the rights of the United cilities and Equipment’’, $40,000,000, to be de- gentleman making that point very States, the Tribe, or Phelps Dodge to flow rived from the Airport and Airway Trust clear. There is the potential for a great water in the channel of Eagle Creek in the Fund and to remain available until ex- pended: Provided, That these funds shall only deal of misunderstanding with regard absence of this subsection. to this issue, as the chairman is well ‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the be available for non-competitive contracts or event that Phelps Dodge and the Tribe exe- cooperative agreements with air carriers and aware, in that there is going to be a cute a Final Agreement pursuant to para- airport authorities, which provide for the large requirement for budget authority graph (3) on or before March 3, 1999— Federal Aviation Administration to purchase requested by the Members of the House ‘‘(A) effective on the date of execution of and assist in installation of advanced secu- in order to maintain the exact same such Final Agreement, the term ‘Agree- rity equipment for the use of such entities. number of apartments for the very ment’, as defined by section 3703(2), shall not Mr. KENNEDY of Massachusetts. Mr. poor and vulnerable citizens. include Phelps Dodge; and Chairman, I move to strike the last We are concerned that with the re- ‘‘(B) section 3706(j) shall have no effect.’’. word. (f) REPEAL.—Subsection (f) of section 3705 scinding of the funds in this bill that of such Act is hereby repealed. Mr. LEWIS of California. Mr. Chair- we perhaps will send a misimpression (g) TECHNICAL AMENDMENT.—Section man, will the gentleman yield? to other Members of the House that 3702(a)(3) is amended by striking ‘‘qualifica- Mr. KENNEDY of Massachusetts. I these funds are not needed. The pur- tion’’ and inserting ‘‘quantification’’. yield to the gentleman from California. pose of this colloquy is to make very Mr. KOLBE (during the reading). Mr. Mr. LEWIS of California. Mr. Chair- clear to all the Members of the House Chairman, I ask unanimous consent man, I am pleased to join with the gen- that, in fact, the chairman of the Sub- that the amendment be considered as tleman from Massachusetts in time to committee on VA, HUD and Independ- read and printed in the RECORD. have a colloquy regarding a question in ent Agencies recognizes the impor- The CHAIRMAN. Is there objection the housing field that he is interested tance of making certain that these to the request of the gentleman from in. funds are made available and that, in Arizona? Mr. KENNEDY of Massachusetts. Mr. fact, the President’s budget that has There was no objection. Chairman, reclaiming my time, I want- been signed off by Members on both POINT OF ORDER ed to engage in a colloquy with my dis- sides in terms of negotiations actually Mr. OBEY. Mr. Chairman, I make a tinguished colleague from California, provided for the funding that will be point of order against the amendment. the chairman of the Subcommittee on necessary to maintain the number of It violates clause 2 of rule XXI. No VA, HUD and Independent Agencies of apartments that are serving the poor amendment to a general appropriations the Committee on Appropriations. through the section 8 program in the bill shall be in order if it changes exist- I had filed an amendment to the sup- future. ing law. plemental appropriations bill, which I Mr. LEWIS of California. The gen- The CHAIRMAN. Does the gentleman will not be offering, which gives HUD tleman is correct, Mr. Chairman. from Arizona wish to be heard on the the ability to recapture appropriated I think the gentleman understands point of order? but unspent budget authority for ten- that suddenly we have found that the Mr. KOLBE. Mr. Chairman, I would ant-based section 8 reserves and use Department of Housing and Urban Af- simply like to be heard on point of such authority in part to meet section fairs does have a little problem from order. 8 contract renewals which will expire I am very surprised at the ranking time to time with their accounting next year. member’s position here, since this had procedures. We suddenly found that My amendment also expresses the been worked out with him earlier. there was a sizable amount of money in Mr. OBEY. No one has ever discussed sense of the House that sufficient budg- reserve which had not been discovered this with me. et authority be provided to renew all before. The CHAIRMAN. The gentleman expiring contracts to make sure that It was very apparent to this Member from Arizona has the time on the point elderly, disabled and working poor liv- that if that BA was just left out there of order. ing in section 8 housing will not lose it might very well have been scooped Mr. KOLBE. Mr. Chairman, I would their rental assistance. up by other interests around the House. simply say it obviously does have this Mr. Chairman, is it not true that this It was important that we reserve that problem. This had been worked out supplemental bill rescinds $3.8 billion money in a way that would allow us to with the chairman of the committee, in unused budget authority for tenant- maintain control. with the ranking member; with the based section 8 reserves? So two things occurred: First, as we chairman of the Committee on Re- Mr. LEWIS of California. Mr. Chair- recognized that some of this budget au- sources, the ranking member of the man, if the gentleman will continue to thority could very effectively be used Committee on Resources; the chairman yield, he is correct, the bill rescinds to deal with these emergency problems of the Subcommittee on the Interior of budget authority which has been held across the country, that at the same the Appropriations Committee, and the for reserves and which HUD says they time allowed us to maintain some con- ranking member, and is supported by will not need. trol over that authority over time. We the Department of the Interior as an May I ask the gentleman if he in- wanted to make certain it was not used extension of an Indian water settle- cluded that amendment in the housing for other purposes because we do need ment that is vitally needed in order to bill which passed yesterday? the long-term commitment to those keep the progress and the negotiations Mr. KENNEDY of Massachusetts. tenants who are receiving these serv- going. Yes. I merely wanted to be clear that ices in these housing programs. If the gentleman is going to persist, the gentleman is aware of the concern Mr. KENNEDY of Massachusetts. I he obviously would be correct in his po- expressed by HUD and Members on appreciate the gentleman’s recognition sition. both sides of the aisle in the Sub- of that fact. I would like to make it May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2753 clear that it was only through the ef- March 31, 1999, the Secretary notifies the ‘‘(C) Notwithstanding any other provision forts of the current Secretary, in con- Committee on Indian Affairs of the United of law, that contract referred to in subpara- junction with the inspector general, in States Senate or the Committee on Re- graph (B) between the United States and fulfilling the requirements to make sources in the United States House of Rep- Phelps Dodge providing for the diversion of resentatives that the Settlement Agreement, water from the Black River into the Black certain that we investigated how HUD as executed by the Secretary, has been sub- River facilities, and the delivery of such was actually utilizing these funds, that mitted to the Superior Court of the State of water to Phelps Dodge at that location the discovery of this $3.8 billion or ac- Arizona in and for Maricopa County for con- where the channel of Eagle Creek last exits tually $5 billion became apparent. sideration and approval as part of the Gen- the reservation for use in the Morenci mine So it was through the diligent effort, eral Adjudication of the Gila River System complex and the towns of Clifton and I think, that has been acknowledged on and Source, the March 31, 1999, referred to in Morenci and at no other location is ratified both sides of the aisle in terms of HUD subsection (b)(1) shall be deemed to be and confirmed. The United States/Phelps changed to December 31, 1999.’’. actually beginning to do its job on Dodge contract shall have no bearing on po- (c) COUNTIES.—Section 3706(b)(3) of such tential claims by the United States, Phelps some of the bureaucratic issues that Act is amended by inserting ‘‘Gila, Graham, Dodge or the Tribe regarding any aspect of the funds became available. I think we Greenlee,’’ after ‘‘Maricopa,’’. the Black River facilities in the event that a were all very concerned that the use of (d) PARTIES TO AGREEMENT.—Section final agreement is not reached among the those funds going outside of HUD pur- 3703(2) of such Act is amended by adding at parties under paragraph (3) below. the end the following new sentence: ‘‘The poses, given the fact that we are going ‘‘(D) The power line right-of-way over the Gila Valley Irrigation District and the Tribe’s Reservation which currently is held to need additional funding later this Franklin Irrigation District shall be added year, created kind of a perverse cir- by Phelps Dodge shall remain in place. Dur- as parties to the Agreement, but only so long ing the interim period, Phelps Dodge shall cumstance, which I am glad that the as none of the aforementioned parties ob- provide power to the United States for oper- jects to adding the Gila Valley Irrigation chairman is now pointing out. ation of the pump station and related facili- and/or the Franklin Irrigation District as I just want to be very clear that it ties without charge, and Phelps Dodge shall parties to the Agreement.’’. was HUD’s competency in terms of ac- pay a monthly right-of-way fee to the Tribe (e) CONDITIONS.—Section 3711 of such Act, tually going through and finding these as amended by subsection (b) of this Act, is of $5000 per month, with an annual CPI ad- funds that has allowed us to provide further amended by adding at the end the justment. the funding that is necessary for FEMA following new subsections: ‘‘(E) Any questions regarding the water claims associated with Phelps Dodge’s use of use as well as other uses today, but it ‘‘(d) CONDITIONS.—(1) IN GENERAL.—The June 30, 1997, deadline has been extended the Eagle Creek wellfield, its diversions of should not be hurt on the people that surface water from Eagle Creek, the San need those apartments as a result of based on the following conditions. The provi- sions and agreements set forth or referred to Francisco River, Chase Creek, and/or its use HUD doing its job and being, I think, in paragraph (2), (3), and (4) below shall be of other water supplies are not addressed in diligent in their efforts to uncover enforceable against the United States, and this title. No provision in this subsection these funds and be able to use them in the conditions and agreements set forth or shall affect or be construed to affect any the future for other purposes. referred to in paragraphs (3) and (4) shall be claims by the Tribe, the United States, or Mr. LEWIS of California. If the gen- enforceable against the Tribe, in United Phelps Dodge to groundwater or surface tleman will continue to yield, we have States District Court, and the immunity of water. ‘‘(F) If a final agreement is not reached by worked very closely with the Depart- the United States and the Tribe for such pur- poses is hereby waived. March 31, 1999, the terms set forth in sub- ment. I must say to the gentleman ‘‘(2) INTERIM PERIOD.—Prior to March 31, paragraphs (A) through (E) shall no longer that it was a GAO study approximately 1999, or the execution of a final Agreement apply. Under such circumstances, the occu- a year ago that the committee became under paragraph (3) below, whichever comes pancy of the Black River facilities shall re- involved in that first began reviewing first, the following conditions shall apply: vert to Phelps Dodge on March 31, 1999, and these programs. At the same time, the ‘‘(A) As of July 23, 1997, Phelps Dodge shall the Tribe and/or Phelps Dodge shall be free new Secretary was just really coming vacate the reservation and no longer rely to prosecute litigation regarding the validity upon permit #2000089, dated July 25, 1944, ex- of Phelps Dodge use of the Black River fa- aboard, and he has done a very effec- cept as provided in subparagraph (F) and the cilities. In any such event, the Tribe, the tive job of helping us identify some of Tribe will stay any further prosecution of United States, and Phelps Dodge shall have these problems. any claims or suits filed by the Tribe in any the same rights with respect to the Black There is no question that the House court with respect to the Black River facili- River facilities as each had prior to the en- should be committed and is committed ties or the flowage of water on Eagle Creek. actment of this subsection and nothing in to making sure these services continue The United States, with the permission of this subsection shall be construed as altering to be received. the Tribe, shall enter and operate the Black or affecting such rights nor shall anything Mr. KENNEDY of Massachusetts. Mr. River pump station, outbuildings, the pipe- herein be admissible or otherwise relevant Chairman, I want to thank the gen- line, related facilities, and certain caretaker for the purpose of determining any of their quarters (hereinafter referred to collectively tleman for his leadership. respective rights. as the ‘Black River facilities’). ‘‘(3) FINAL AGREEMENT.—The United States, AMENDMENT OFFERED BY MR. KOLBE ‘‘(B) As of July 23, 1997, the United States, Phelps Dodge, and the Tribe intend to enter Mr. KOLBE. Mr. Chairman, I ask through the Bureau of Reclamation, shall into a Final Agreement on or before March unanimous consent to go back to line 4 operate and maintain the Black River facili- 31, 1999, which Agreement shall include the to reoffer the amendment that I offered ties. The United States and Phelps Dodge following terms: before. shall enter into a contract for delivery of ‘‘(A) The United States shall hold the The CHAIRMAN. Is there objection water pursuant to subparagraph (C), below. Black River facilities in trust for the Tribe, to the request of the gentleman from Water for delivery to Phelps Dodge from the without cost to the Tribe or the United Black River shall not exceed an annual aver- States. Arizona? age of 40 acre feet per day, or 14,000 acre feet ‘‘(B) Responsibility for operation of the There was no objection. per year. All diversions from Black River to Black River facilities shall be transferred The CHAIRMAN. The Clerk will re- Phelps Dodge shall be junior to the Tribe’s from the United States to the Tribe. The port the amendment. right to divert and use of 7300 acre feet per United States shall train Tribal members The Clerk read as follows: year for the San Carlos Apache Tribe, and no during the Interim Period, and the respon- Amendment offered by Mr. KOLBE: such diversion for Phelps Dodge shall cause sibility to operate the Black River facilities Page 18, after line 4, insert the following the flow of Black River to fall below 20 cubic shall be transferred upon satisfaction of two new section: feet per second. The United States shall ac- conditions: (i) entry of the Final Agreement SAN CARLOS APACHE TRIBE WATER RIGHTS count for the costs for operating and main- described in this subsection; and (ii) a find- SETTLEMENT taining the Black River facilities, and ing by the United States that the Tribe has SEC. 402. (a) EXTENSION.—Section 3711(b)(1) Phelps Dodge shall reimburse the United completed necessary training and is quali- of the San Carlos Apache Tribe Water Rights States for such costs. Phelps Dodge shall pay fied to operate the Black River facilities. Settlement Act of 1992 (106 Stat. 4752) is to the United States, for delivery to the ‘‘(C) Power lines currently operated by amended by striking ‘‘June 30, 1997’’ and in- Tribe, the sum of $20,000 per month, with an Phelps Dodge on the Tribe’s Reservation, serting ‘‘March 31, 1999’’. annual CPI adjustment, for purposes of com- and the right of way associated with such (b) EXTENSION FOR RIVER SYSTEM GENERAL pensating the Tribe for United States use power lines, shall be surrendered by Phelps ADJUDICATION.—Section 3711 of such Act is and occupancy of the Black River facilities. Dodge to the Tribe, without cost to the amended by adding at the end the following Phelps Dodge shall cooperate with the Unit- Tribe. Concurrently with the transfer of the new subsection: ed States in effectuating an orderly transfer power lines and the right of way, Phelps ‘‘(c) EXTENSION FOR RIVER SYSTEM GEN- of the operations of the Black River facili- Dodge shall construct a switch station at the ERAL ADJUDICATION.—If, at any time prior to ties from Phelps Dodge to the United States. boundary of the reservation at which the H2754 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Tribe may switch power on or off and shall water in the channel of Eagle Creek in the Apache Tribe for economic develop- deliver ownership and control of such switch absence of this subsection. ment. However, the money is not cur- station to the Tribe. Subsequent to the ‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the rently available to the Tribe because event that Phelps Dodge and the Tribe exe- transfer of the power lines and the right of several contingencies included in the way and the delivery of ownership and con- cute a Final Agreement pursuant to para- trol of the switch station to the Tribe, graph (3) on or before March 3, 1999— legislation have yet to be satisfied. Phelps Dodge shall have no further obliga- ‘‘(A) effective on the date of execution of I am offering this amendment be- tion or liability of any nature with respect such Final Agreement, the term ‘Agree- cause the Settlement Act is scheduled to the ownership, operation or maintenance ment’, as defined by section 3703(2), shall not to expire on June 30, 1997. Negotiations of the power lines, the right of way or the include Phelps Dodge; and between the Tribe, the Department of switch station. ‘‘(B) section 3706(j) shall have no effect.’’. Interior, and several of the Arizona en- ‘‘(D) The Tribe and Phelps Dodge intend to (f) REPEAL.—Subsection (f) of section 3705 tities which are parties to the Settle- enter into a contract covering the lease and of such Act is hereby repealed. ment are ongoing. In fact, Mr. David (g) TECHNICAL AMENDMENT.—Section delivery of CAP water from the Tribe to Hayes, Counselor to Secretary Babbitt Phelps Dodge on the terms recommended by 3702(a)(3) is amended by striking ‘‘qualifica- the United States, the trustee for the Tribe. tion’’ and inserting ‘‘quantification’’. and the lead negotiator, met this Mon- Water for delivery to Phelps Dodge from the Mr. KOLBE (during the reading). Mr. day with representatives of the San Black River shall not exceed an annual aver- Chairman, I ask unanimous consent Carlos Apache Tribe and Phelps Dodge age of 40 acre feet per day, or 14,000 acre feet that the amendment be considered as Corporation. The negotiations con- per year. All diversions from Black River to read and printed in the RECORD. cluded at 4:30 am, and significant Phelps Dodge shall be junior to the Tribe’s The CHAIRMAN. Is there objection progress was made in resolving out- right to divert and use of 7300 acre feet per to the request of the gentleman from standing issues between these two par- year for the San Carlos Apache Tribe, and no ties. But the reality is that a final Set- such diversions for Phelps Dodge shall cause Arizona? the flow of Black River to fall below 20 cubic There was no objection. tlement agreement before the June 30, feet per second. It is intended that the water Mr. KOLBE. Mr. Chairman, I would 1997 expiration date is not possible. subject to the contract shall be CAP water simply say, as I did before, that this Mr. Chairman, my amendment ex- that is controlled by the Tribe. The Tribe has been worked out with all the par- tends the Settlement Act until March and/or the United States intend to enter into ties in question on the minority and 31, 1999. Should a final agreement be an exchange agreement with the Salt River majority side of the authorizing and reached prior to the March date, the Project which will deliver CAP water to the Committee on Appropriations, and is Act is automatically extended until Salt River Project in return for the diversion supported by the Department of the In- December 31, 1999. This extension is of water from the Black River into the Black necessary because any final agreement River facilities. The lease and delivery con- terior as an extension of this water set- tract between Phelps Dodge and the Tribe is tlement. must be submitted to the Superior intended to be based on a long-term lease of Mr. Chairman, I include for the Court system of Arizona for approval. CAP water at prevailing market rates for RECORD a copy of my complete state- The amendment also extends the municipal and industrial uses of CAP water. ment. Tribe’s Central Arizona Project [CAP] The parties will discuss the potential imposi- Mr. Chairman, I am very grateful to water lease authority to three adjoin- tion of capital costs as part of the contract. several of my colleagues for their as- ing counties: Gila, Graham and It is intended that the contract price shall sistance in ensuring that my amend- Greenlee. In addition, the Gila Valley include operation, maintenance and replace- ment is considered today. Specifically, Irrigation District and the Franklin Ir- ment (OM&R) charges associated with the leased CAP water, and it is intended that the I want to thank Chairman LIVINGTON, rigation District would be added as contract will take into account reasonable Ranking Minority Member OBEY, the parties to the Act as long as none of charges associated with the Tribe’s oper- chairman and ranking member of the the existing parties to the Act objects. ations and maintenance of the Black River Resources Committee—Mr. YOUNG and Lastly, and perhaps most important, facilities, and a credit for power provided for Mr. MILLER, and the chairman and my amendment clarifies the right-of- such facilities. It is intended that the water ranking member of the Interior Appro- way issue as it pertains to the Black delivered under this contract will be utilized priations Subcommittee—Mr. REGULA River pump station and Eagle Creek— in the Morenci mine complex and the towns and Mr. YATES. which are both located on the San Car- of Clifton and Morenci, and for no other pur- The amendment that I am offering pose. los Apache reservation. Specifically, ‘‘(E) Any questions regarding the water pertains to the San Carlos Apache section 5 of the amendment directs the claims associated with Phelps Dodge’s use of Water Rights Settlement Act—Public United States through the Bureau of the Eagle Creek wellfield, its diversions of Law 102–575. Simply put, the amend- Reclamation to operate and maintain surface water from lower Eagle Creek, the ment extends the Settlement Act. the Black River facilities and to enter San Francisco River, Chase Creek, and/or its Again, I want to make it perfectly into a contract with Phelps Dodge for use of other groundwater supplies are not ad- clear that all my amendment does is delivery of water. In return for delivery dressed by this title. No provision in this extend the Act. This extension provides of water, Phelps Dodge Corporation subsection shall affect or be construed to af- additional time for the implementation fect any claims by the Tribe, the United will pay $20,000 per month, in addition States, or Phelps Dodge to groundwater or of many of the important provisions in to the $5000 per month power line surface water. the Act. Before I describe the provi- right-of-way fee they are to be as- ‘‘(4) EAGLE CREEK.—From the effective date sions contained in my amendment, I sessed. of this subsection, the Tribe covenants not would like to provide a few facts about Mr. Chairman, the provisions con- to impede, restrict, or sue the United States the Settlement Act. tained in my amendment are the result regarding, the passage of water from the The San Carlos Apache Water Rights of hotly debated, and at times, conten- Black River facilities into those portions of the channels of Willow Creek and Eagle Settlement Act was signed into law by tious negotiations. These have been Creek which flow through the Tribe’s lands. President Bush on October 30, 1992. The trying times for all the parties to the The Tribe covenants not to impede, restrict, bill settled significant reserved water Settlement. But, we have come to a or sue Phelps Dodge regarding, the passage rights claims, and provided for expe- point in the negotiations where we of historic maximum flows, less transpor- dited resolution of any Fifth Amend- have the framework for a final agree- tation losses, from the existing Phelps Dodge ment taking claim against the United ment. Adoption of my amendment will Upper Eagle Creek Wellfield, except that (i) States by certain Arizona entities re- Phelps Dodge shall pay to the United States, ensure that all the parties to the Set- for delivery to the Tribe, $5000 per month, lating to one of the water sources allo- tlement Act will have 20 more months with an annual CPI adjustment, to account cated to the Tribe by the bill. In addi- to negotiate a final agreement. Other- the passage of such flows; and (ii) the Tribe tion to preserving reserved water wise, the Act will expire, the Tribe will and the United States reserve the right to rights, the bill authorized a $38 million lose $41 million earmarked for eco- challenge Phelps Dodge’s claims regarding federal appropriation (which has been nomic development, and this issue will the pumping of groundwater from the upper appropriated) and a $3 million state be mired in litigation for years. Eagle Creek wellfield, in accordance with paragraphs (2)(E) and (3)(E) above. Nothing contribution (which has also been ap- I have letters supporting my amend- in this subsection shall affect or be con- propriated). The $41 million settlement ment from the Tribe, Phelps Dodge strued to affect the rights of the United is currently accruing interest and is in- Corporation, and the Department of In- States, the Tribe, or Phelps Dodge to flow tended to be used by the San Carlos terior—as trustee for the Tribe. My May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2755 amendment is also supported by all the Mr. HAYWORTH. I yield to the gen- Congress: Provided, That the entire amount other parties to the Settlement Act tleman from California. is designated by the Congress as an emer- and the entire Arizona Congressional Mr. LEWIS of California. I appreciate gency requirement pursuant to section delegation. the gentleman yielding. I would first 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as I urge my colleagues to support my like to express my deep appreciation to amended: Provided further, That 23 U.S.C. amendment. the gentleman from Arizona for his 125(b)(1) shall not apply to projects resulting b 1815 bringing this matter to my attention. I from the December 1996 and January 1997 have been very, very appreciative of his flooding in the western States: Provided fur- The CHAIRMAN. The question is on making certain that our committee un- ther, That notwithstanding any other provi- the amendment offered by the gen- derstands just how frustrating this has sion of law, a project to repair or reconstruct tleman from Arizona [Mr. KOLBE]. been not just for him but for his con- any portion of a Federal-aid primary route The amendment was agreed to. stituents back home. We are more than in San Mateo County, California, which was Mr. HAYWORTH. Mr. Chairman, I destroyed as a result of a combination of happy to make every effort to see that storms in the winter of 1982–1983 and a moun- move to strike the last word. FEMA is responsive to the problems of Mr. Chairman, I thank the gentleman tain slide which, until its destruction, has the people in and around Gila, Arizona. served as the only reasonable access between from Arizona and also the ranking I agree that 4 years is too long to wait two cities and as the designated emergency member of the Committee on Appro- to get relief for those communities evacuation route of one such cities shall be priations for moving forward on the which have suffered from disasters. I eligible for assistance under this head. aforementioned amendment. It is of would like to work with the gentleman FEDERAL-AID HIGHWAYS vital concern for jobs and for Native from Arizona [Mr. HAYWORTH] in the (HIGHWAY TRUST FUND) Americans in the State of Arizona and months ahead to make certain that The limitation under this heading in Pub- I thank that spirit of cooperation and day in and day out we have the atten- lic Law 104–205 is increased by $318,077,043: comity. tion of the top leadership of FEMA, Provided, That notwithstanding any other Mr. Chairman, I also rise in support and I am happy to be a part of that ef- provision of law, such additional authority of this Disaster Recovery Act now shall be distributed to ensure that States re- fort. ceive amounts that they would have received under consideration by this House. Mr. HAYWORTH. Reclaiming my There are many areas across this coun- had the Highway Trust Fund fiscal year 1995 time, I thank the gentleman from Cali- income statement not been revised on De- try that have suffered from a variety of fornia for his commitment to work in cember 24, 1996. natural disasters, and it is my hope this area. The 6th District of Arizona Ms. PELOSI. Mr. Chairman, I move that we can at last move this bill expe- in square mileage is roughly the size of to strike the last word. ditiously. As we prepare to vote on this the Commonwealth of Pennsylvania. Mr. Chairman, I rise for the purpose legislation, Mr. Chairman, I would be There are many rural communities of engaging in a colloquy with the gen- remiss if I did not point out to this that are fiscally challenged, financially tleman from Illinois [Mr. PORTER], body that there are areas in Arizona strapped. I appreciate the fact that the chairman of the Subcommittee on that still are damaged as a result of subcommittee chairman joins with me Labor, Health and Human Services, flooding back in 1993. in a commitment to work with FEMA and Education of the Committee on In one case, the town of Kearny, Ari- to iron out the problems in and around Appropriations. zona suffered significant destruction as Kearny and also to reimburse the peo- I am proud to serve under the leader- a result of those 1993 floods, including ple, the taxpayers, of Gila County, Ari- ship of the gentleman from Illinois the loss of its wastewater treatment fa- zona, who in good faith worked to ful- [Mr. PORTER] as a member of the sub- cility, its campground, and its airport. fill agreements with the Federal Emer- committee. As our colleagues know, The cost of this loss far exceeded the gency Management Administration. our chairman is a leader in advancing town’s financial ability to recover from Again I am very appreciative of my biomedical research and is the cham- it. In response to that flooding, the colleague from California. pion of the National Institutes of Federal Emergency Management Ad- Mr. LEWIS of California. If the gen- Health. His support for biomedical re- ministration, or FEMA, committed to tleman will yield further, I might say search has brought hope to millions of help the community recover its losses that the people ought to have a clear Americans with illnesses in their fami- and build dikes to prevent future flood- understanding that the gentleman lies. His ability to build bipartisan sup- ing. Unfortunately, indeed sadly, Mr. from Arizona [Mr. HAYWORTH] has cer- port for the NIH is a defining char- Chairman, in this instance, FEMA has tainly gotten all of our attention and acteristic of his chairmanship. yet to live up to its commitment. we appreciate that. As the chairman knows, our invest- In another case, in Gila County, Ari- Mr. HAYWORTH. Reclaiming my ment in AIDS research through the zona, FEMA agreed to reimburse the time, I thank my colleague from Cali- NIH has produced dramatic results. county for $665,269 the county spent on fornia. Again I thank the spirit of co- Just this week, new research findings cleanup work for the town of operation that permeates this House demonstrated that triple therapy Winkelman. Although FEMA has paid with so many pressing questions of seems to kill HIV more rapidly than the county some $341,598 of the amount concern. Again I rise in support of the previously believed. HHS will soon be the agency promised to pay, it still has legislation. releasing new practice guidelines for been unwilling to pay the remainder. The CHAIRMAN pro tempore (Mr. treating HIV infection based on this Mr. Chairman, as my colleagues might HANSEN). The Clerk will read. important medical research. imagine, this places financially- The Clerk read as follows: The goal of the new combination strapped Gila County in an extremely FEDERAL HIGHWAY ADMINISTRATION therapies is to bring an individual’s difficult position. FEDERAL-AID HIGHWAYS level of HIV infection down to Mr. Chairman, given that it has been EMERGENCY RELIEF PROGRAM undetectable levels. The treatments 4 years since these floods occurred and (HIGHWAY TRUST FUND) ward off further deterioration of the satisfactory resolution of these prob- For an additional amount for the Emer- immune system. After 15 years of the lems has not yet been achieved, I would gency Relief Program for emergency ex- AIDS epidemic, the new treatments like to ask the gentleman from Califor- penses resulting from flooding and other nat- bring us hope. nia [Mr. LEWIS], the chairman of the ural disasters, as authorized by 23 U.S.C. 125, Would the gentleman agree that Subcommittee on VA, HUD, and Inde- $650,000,000, to be derived from the Highway these advances in AIDS treatment are pendent Agencies of the Committee on Trust Fund and to remain available until ex- a remarkable tribute to the importance Appropriations if he would be willing pended, of which $374,000,000 shall be avail- of investing in the NIH? to offer his assistance to help me se- able only to the extent an official budget re- Mr. PORTER. Mr. Chairman, will the cure relief from FEMA on these issues quest for a specific dollar amount, that in- cludes designation of the entire amount of gentlewoman yield? of great concern in the 6th District of the request as an emergency requirement as Ms. PELOSI. I yield to the gentleman Arizona. defined in the Balanced Budget and Emer- from Illinois. Mr. LEWIS of California. Mr. Chair- gency Deficit Control Act of 1985, as amend- Mr. PORTER. Mr. Chairman, I agree man, will the gentleman yield? ed, is transmitted by the President to the with the gentlewoman from California. H2756 CONGRESSIONAL RECORD — HOUSE May 15, 1997 This is an excellent example of the im- today do not provide the opportunity further, That notwithstanding any other pro- portance of funding basic and applied to respond to this emergency. However, vision of law, up to $10,330,000 shall be pro- science through the NIH. The success it is my understanding that the Presi- vided by the National Transportation Safety of the pharmaceutical companies in de- dent may seek emergency supple- Board to the Department of the Navy as re- imbursement for costs incurred in connec- veloping these drugs would never have mental funding for this program in the tion with recovery of wreckage from TWA occurred without the sustained re- very near future. In the event that the Flight 800 and shall be credited to the appro- search that is funded by NIH. President seeks emergency supple- priation contained in the Omnibus Consoli- The many advances reported each mental funding for this program, would dated Appropriations Act, 1997, which is year by the NIH are crucial to the the chairman be willing to work with available for the same purpose as the appro- health and well-being of the American the administration to find a timely so- priation originally charged for the expense people. I personally feel that Congress lution to this urgent situation? for which the reimbursements are received, can make no better investment than Mr. PORTER. Let me assure the gen- to be merged with, and to be available for the same purpose as the appropriation to increasing NIH funding. tlewoman from California that should Ms. PELOSI. As the gentleman from which such reimbursements are credited: the President send the request to Con- Provided further, That notwithstanding any Illinois [Mr. PORTER] knows, the AIDS gress, I would be pleased to work with other provision of law, of the amount pro- Drug Assistance Program, also known the administration in assessing the vided $3,100,000 shall be made available to as ADAP, provides funding to States to need and developing an appropriate re- Metropolitan Dade County, Florida as reim- reimburse the cost of drugs used to sponse. bursement for costs incurred in connection treat HIV infection. These new drugs Ms. PELOSI. I thank the chairman with the crash of ValuJet Flight 592. are expensive, but result in decreased for his response and his continued lead- GENERAL PROVISIONS, CHAPTER 5 costs associated with treating oppor- ership in responding to the many chal- SEC. 501. In Title I of Public Law 104–205, tunistic infections and expensive hos- lenges posed by the AIDS epidemic. under the heading ‘‘Federal Transit Adminis- pital stays common when uncontrolled The CHAIRMAN pro tempore. The tration, Discretionary Grants’’, strike infection results in severe damage to Clerk will read. $661,000,000 for the DeKalb County, Georgia the immune system. The Clerk read as follows: light rail project;’’ and insert ‘‘$661,000 for Mr. PORTER. We are very pleased the DeKalb County, Georgia light rail FEDERAL RAILROAD ADMINISTRATION with the success of these new drugs, project;’’. EMERGENCY RAILROAD REHABILITATION AND and I can assure the gentlewoman that SEC. 502. In Section 325 of Title III of Pub- REPAIR lic Law 104–205, strike ‘‘That in addition to the AIDS Drug Assistance Program, For necessary expenses to repair and re- amounts otherwise provided in this Act, not which is part of the Ryan White pro- build freight rail lines of regional and short to exceed $3,100,000 in expenses of the Bureau gram, has broad bipartisan support. As line railroads damaged as a result of the of Transportation Statistics necessary to an indication of this support, I would floods in the northern plains States in the conduct activities related to airline statis- note that the Congress provided $239 spring of 1997, $10,000,000, to be awarded sub- tics may be incurred, but only to the extent million, or more than a 30 percent in- ject to the discretion of the Secretary on a such expenses are offset by user fees charged crease, for all Ryan White activities in case-by-case basis: Provided, That funds pro- for those activities and credited as offsetting 1997. For the ADAP program specifi- vided under this head shall be available for collections.’’. cally we provided a $115 million in- rehabilitation of railroad rights-of-way SEC. 503. Section 410(j) of title 23, United which are part of the general railroad system States Code, is amended by striking the pe- crease. The gentlewoman from Califor- of transportation, and primarily used by riod after ‘‘1997’’ and inserting ‘‘, and an ad- nia was instrumental in helping secure railroads to move freight traffic: Provided ditional $500,000 for fiscal year 1997.’’. these increases. further, That railroad rights-of-way owned by SEC. 504. Section 30308(a) of title 49, United Ms. PELOSI. I thank the chairman. class I railroads, passenger railroads, or by States Code, is amended by striking ‘‘and The chairman is to be commended for tourist, scenic, or historic railroads are not 1996’’ and inserting ‘‘, 1996, and 1997’’. his strong support of the Ryan White eligible for funding under this section: Pro- CHAPTER 6 vided further, That these funds shall be avail- program and for providing important UNITED STATES POSTAL SERVICE resources to make these new drugs able only to the extent an official budget re- PAYMENTS TO THE POSTAL SERVICE available for people with HIV. quest, for a specific dollar amount, that in- This is an emergency. Due to the cludes designation of the entire amount as PAYMENT TO THE POSTAL SERVICE FUND great success of and demand for the an emergency requirement as defined in the For an additional amount for the Postal Balanced Budget and Emergency Deficit new drugs, State AIDS directors are Service Fund for revenue foregone on free Control Act of 1985, as amended, is transmit- and reduced rate mail, $5,300,000. predicting a shortfall of $68 million for ted by the President to the Congress: Pro- AMENDMENT OFFERED BY MRS. MALONEY OF the remainder of this fiscal year. It is vided further, That the entire amount is des- NEW YORK my understanding that this shortfall ignated by Congress as an emergency re- has also been documented by HHS. quirement pursuant to section 251(b)(2)(D)(i) Mrs. MALONEY of New York. Mr. Nationally the ADAP programs have of the Balanced Budget and Emergency Defi- Chairman, I offer an amendment. reported a 77 percent increase in cli- cit Control Act of 1985, as amended: Provided The Clerk read as follows: ents since January of 1996. These pro- further, That all funds made available under Amendment offered by Mrs. MALONEY of grams are collectively averaging ap- this head are to remain available until Sep- New York: tember 30, 1997. proximately 1,000 new clients each Page 24, after line 7, insert the following: month. Program costs are increasing RELATED AGENCY INDEPENDENT AGENCIES to accommodate the reimbursement of NATIONAL TRANSPORTATION SAFETY BOARD FEDERAL ELECTION COMMISSION combination drug therapies which are SALARIES AND EXPENSES SALARIES AND EXPENSES becoming the standard of care. For an additional amount for ‘‘Salaries For an additional amount for necessary ex- Mr. Chairman, without an additional and Expenses’’, for emergency expenses re- penses to carry out the provisions of the $68 million for the remainder of this sulting from the crashes of TWA Flight 800 Federal Election Campaign Act of 1971, as fiscal year, the AIDS drug program will and ValuJet 592, and for assistance to fami- amended, $1,700,000: Provided, That $782,500 of lies of victims of aviation accidents as au- not be able to respond to the imme- these funds shall remain available until Sep- thorized by Public Law 105–265, $23,300,000, of tember 30, 1998. diate health threat to thousands of which $4,877,000 shall remain available until HIV-infected Americans. In the State expended: Provided, That these funds shall be Mrs. MALONEY of New York (during of Mississippi, for example, 660 people available only to the extent an official budg- the reading). Mr. Chairman, I ask will be cut off the program in the next et request, for a specific dollar amount, that unanimous consent that the amend- week because of increased demands and includes designation of the entire amount as ment be considered as read and printed the costs of providing new drugs. Cali- an emergency requirement as defined in the in the RECORD. fornia is projecting a need of $6 million Balanced Budget and Emergency Deficit The CHAIRMAN pro tempore. Is to continue the drug assistance pro- Control Act of 1985, as amended, is transmit- there objection to the request of the ted by the President to the Congress: Pro- gentlewoman from New York? gram uninterrupted through the end of vided further, That the entire amount is des- the fiscal year. Florida and several ignated by Congress as an emergency re- There was no objection. other States also face major problems. quirement pursuant to section 251(b)(2)(D)(i) Mr. LIVINGSTON. Mr. Chairman, I Unfortunately, the rules available of the Balanced Budget and Emergency Defi- reserve a point of order on the gentle- under the supplemental bill before us cit Control Act of 1985, as amended: Provided woman’s amendment. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2757 The CHAIRMAN pro tempore. The Mrs. MALONEY of New York. I yield tion, and is not in order. Under clause gentleman reserves a point of order. to the gentleman from Maryland. 2 of rule XXI, the gentlewoman has the Mrs. MALONEY of New York. Mr. Mr. HOYER. Mr. Chairman, I rise in burden of proving the authorization for Chairman, my amendment restores the agreement with the gentlewoman’s the amendment. The gentlewoman has $1.7 million which the Federal Election premise that the $1.7 million ought to failed to prove the authorization. The Commission says it needs to inves- be included and frankly ought to be in- point of order is sustained. tigate the high number of pending cluded without restriction. Unfortu- The Clerk will read. cases from the 1996 election cycle. nately, of course, the Committee on The Clerk read as follows: Last night the Republican leadership Rules, as I understand the rules, by COUNTER-TERRORISM AND DRUG LAW ruled the bipartisan amendment I of- adoption of the rule struck that as the ENFORCEMENT fered with the gentleman from Con- gentlewoman has observed, but in fact DEPARTMENT OF THE TREASURY necticut [Mr. SHAYS], the gentleman the FEC does in fact need additional UNITED STATES CUSTOMS SERVICE from Massachusetts [Mr. MEEHAN] and resources in order to check what every- the gentlewoman from New Jersey SALARIES AND EXPENSES body in this country knows is a real Of the funds made available under this [Mrs. ROUKEMA] to restore this funding problem. Both sides of the aisle are heading in Public Law 104–208, $16,000,000 out of order because the chairman of talking about how campaign funds shall be available until September 30, 1998 to the Committee on Rules said it was, were raised, how campaign funds are develop further the Automated Targeting quote, not an emergency. But let us spent, and of course this is the very System. look at some of the things that are in agency that we have asked to check on GENERAL PROVISIONS, CHAPTER 6 the bill that are recognized as emer- this for the American public and to dis- SEC. 601. CLARIFYING CONGRESSIONAL IN- gencies. close it. TENT RESPECTING PROCUREMENT OF DISTINC- There is $10 million to the National TIVE CURRENCY PAPER.—In fiscal year 1997 Park Service to implement the Yosem- The fact of the matter is now cutting this money undercuts what frankly an and thereafter— ite Valley transportation plan. There is (1) for the purposes of section 622(a) of Pub- $37.1 million for road and trail mainte- awful lot of our colleagues say they lic Law 100–202, a corporation or other entity nance for the National Forest Service want done, and that is to see how shall be not deemed to be owned or con- that the committee report does not say money was raised, how it was spent and trolled by persons not citizens of the United is associated with Western flooding or was it done pursuant to law. I thank States, if— disaster relief, yet this bill recognizes the gentlewoman from New York for (A) that corporation or entity is created it as an emergency. Then there is $2.5 her point. under the laws of the United States or any one of its States or other territories and pos- million to pay for digital mapping in Mrs. MALONEY of New York. Mr. Chairman, I thank the gentleman from sessions; and the San Joaquin Valley. (B) more than 50 percent of that corpora- I think that the American people be- Maryland, and I appreciate the point tion or entity is held by United States citi- lieve investigating charges of corrup- that he made. The Federal Elections zens; and tion and abuse in our elections are just Commission is the only agency, it is (2) the Secretary of the Treasury shall use as important, much more important nonpartisan, it is an independent agen- the authority provided under Federal Acqui- and much more of an emergency than cy, and it is charged to conduct inves- sition Regulation, Part 45.302.1(c) and Part some of the things that are in this bill. tigations. They have a large surplus, a 45.302.1(a)(4) to induce competition, to a level The Federal Election Commission backload of charges of investigations the Secretary determines is appropriate, has asked for $1.7 million to conduct that need to be looked into, and yet among those desiring to provide distinctive currency paper to the United States. investigations into 1996 pending elec- the money has not been allocated, yet tion abuses. The Committee on Appro- this same party, the Republican leader- CHAPTER 7 priations granted the money but said ship, allocated $12 to $15 million for a DEPARTMENT OF VETERANS AFFAIRS VETERANS BENEFITS ADMINISTRATION that the Federal Election Commission partisan probe in the Committee on could only use it for computers. In Government Reform and Oversight. COMPENSATION AND PENSIONS other words, they fenced it in so that Mr. Chairman, I believe this is an im- For an additional amount for ‘‘Compensa- they could not use it for investigators portant amendment, and I hope that tion and pensions’’, $753,000,000, to remain available until expended. but only for computers. Then the Com- my colleagues will support it. ADMINISTRATIVE PROVISION mittee on Rules totally stripped the POINT OF ORDER funding out altogether. First they gave Mr. LIVINGSTON. Mr. Chairman, I The Secretary of Veterans Affairs may carry out the construction of a multi-story it, then they limited it, and now they have a point of order. are taking it away. parking garage at the Department of Veter- The CHAIRMAN. The gentleman will ans Affairs medical center in Cleveland, Meanwhile, the Federal Election state it. Commission’s caseload has increased Ohio, in the amount of $12,300,000, and there Mr. LIVINGSTON. Mr. Chairman, I is authorized to be appropriated for fiscal by one third but there is no more fund- make a point of order against the year 1997 for the Parking Revolving Fund ac- ing for them. With 285 cases pending, amendment because it provides an ap- count, a total of $12,300,000 for this project. some of them the most complex cases propriation for an unauthorized pro- POINT OF ORDER the commission has ever seen, the Fed- gram and therefore violates clause 2 of Mr. STUMP. Mr. Chairman, I make a eral Election Commission will not be rule XXI. Clause 2 of rule XXI states in point of order against the bill. able to pursue all of these violations. pertinent part no appropriations shall The CHAIRMAN. The gentleman will Yet this is the same Congress that is be reported in any general appropria- state his point of order. spending $12 to $15 million for just one Mr. STUMP. Mr. Chairman, I make a committee’s investigations, the Com- tion bill or be in order as an amend- point of order that the language on mittee on Government Reform and ment thereto for any expenditure not page 26 of the bill, administrative pro- Oversight, while the only agency that previously authorized by law. can do a nonpartisan probe of the con- Mr. Chairman, the authorization for visions under Department of Veterans troversial problems that have been this program has not been assigned Affairs, lines 8 through 15, violates charged in election abuses, they are into law. The amendment, therefore, clause 2 of rule XXI, constitutes au- being shortchanged and not being given violates clause 2 of rule XXI, and I ask thorizing legislation in an appropria- any money to conduct these investiga- for a ruling from the chair. tion bill. tions. The CHAIRMAN. Does the gentle- The CHAIRMAN. Is there anyone else I feel that we should fund the com- woman from New York wish to speak who would like to speak to the point of mittee. The money was in the budget, to the point of order? order? the Committee on Appropriations ap- Mrs. MALONEY of New York. The If not, pursuant to clause 2 of rule propriated it, and then the Committee Committee on Appropriations appro- XXI, the paragraph constitutes legisla- on Rules removed it. priated the money, and the Committee tion on an appropriation bill authoriz- on Rules removed it, and I disagree ing certain construction. b 1830 with the gentleman’s point of order. The point of order is sustained. Mr. HOYER. Mr. Chairman, will the The CHAIRMAN. The amendment The Clerk will read. gentlewoman yield? proposed is an unauthorized appropria- The Clerk read as follows: H2758 CONGRESSIONAL RECORD — HOUSE May 15, 1997 DEPARTMENT OF HOUSING AND URBAN priated, the EPA is authorized beginning in I urge adoption of my amendment. DEVELOPMENT HOUSING PROGRAMS fiscal year 1997 to make grants to the City of The CHAIRMAN. The question is on PRESERVING EXISTING HOUSING INVESTMENT Bay City, Michigan, for the purpose of EPA- the amendment offered by the gen- approved environmental remediation and re- For an additional amount for ‘‘Preserving tleman from Michigan [Mr. BARCIA]. habilitation of publicly owned real property existing housing investment’’, to be made included in the boundaries of the CERT The amendment was agreed to. available for use in conjunction with prop- project. The CHAIRMAN. The Clerk will read. erties that are eligible for assistance under The Clerk read as follows: the Low-Income Housing Preservation and Mr. LIVINGSTON (during the read- Resident Homeownership Act of 1990 or the ing). Mr. Chairman, I ask unanimous SALARIES AND EXPENSES Emergency Low Income Housing Preserva- consent that the remainder of the For an additional amount for ‘‘Salaries tion Act of 1987, $3,500,000, to remain avail- amendment be considered as read and and Expenses’’, $5,000,000. able until expended: Provided, That up to printed in the RECORD. NATIONAL FLOOD INSURANCE FUND such amount shall be for a project in Syra- The CHAIRMAN. Is there objection In the case only of new contracts for flood cuse, New York, the processing for which to the request of the gentleman from insurance coverage under the National Flood was suspended, deferred or interrupted for a Insurance Act of 1968 entered into during the period of nine months or more because of dif- Louisiana? There was no objection. period beginning on January 1, 1997, and end- fering interpretations, by the Secretary of ing on June 30, 1997, and any modifications Housing and Urban Development and an (Mr. BARCIA asked and was given permission to revise and extend his re- to coverage under existing contracts made owner, concerning the timing of the ability during such period, section 1306(c)(1) of such of an uninsured section 236 property to pre- marks.) Mr. BARCIA. Mr. Chairman, this is Act (42 U.S.C. 4013(c)(1)) shall be applied by pay, or by the Secretary and a State rent substituting ‘‘15-day period’’ for ‘‘30-day pe- regulatory agency concerning the effect of a an amendment which has been cleared riod’’. presumptively applicable State rent control with the chairman and ranking mem- law or regulation on the determination of AMENDMENT NO. 19 OFFERED BY MR. KENNEDY ber of the Subcommittee on VA, HUD OF MASSACHUSETTS preservation value under section 213 of such and Independent Agencies, the distin- Act, if the owner of such project filed a no- Mr. KENNEDY of Massachusetts. Mr. guished gentleman from California tice of intent to extend the low-income af- Chairman, I offer an amendment. EWIS] and the distinguished gen- fordability restrictions of the housing on or [Mr. L The CHAIRMAN. The Clerk will des- tleman from Ohio [Mr. STOKES], and I before August 23, 1993, and the Secretary ap- ignate the amendment. want to thank them for the fine spirit proved the plan of action on or before July The text of the amendment is as fol- 25, 1996. of bipartisan cooperation in supporting lows: DRUG ELIMINATION GRANTS FOR LOW-INCOME this amendment which has also en- Amendment No. 19 offered by Mr. KENNEDY HOUSING joyed the support of the Environmental of Massachusetts: (INCLUDING TRANSFER OF FUNDS) Protection Agency and the Office of CHAPTER 7A For an additional amount for ‘‘Drug Elimi- Management and Budget. nation Grants for Low-Income Housing’’ for Mr. Chairman, I rise in support of my DEPARTMENT OF HEALTH AND HUMAN activities authorized under 42 U.S.C. 11921–25, amendment to provide additional authority to SERVICES $30,200,000, to remain available until ex- the Environmental Protection Agency to grant NATIONAL INSTITUTES OF HEALTH pended, and to be derived by transfer from unobligated balances from funds previously NATIONAL INSTITUTE ON ALCOHOL ABUSE AND the Homeownership and Opportunity for appropriated for the construction of the Center ALCOHOLISM People Everywhere Grants account. for Environmental Research and Training to (INCLUDING TRANSFER OF FUNDS) INDEPENDENT AGENCIES FEDERAL the city of Bay City for EPA approved environ- For an additional amount for ‘‘National In- EMERGENCY MANAGEMENT AGENCY mental remediation and rehabilitation of pub- stitute on Alcohol Abuse and Alcoholism’’, DISASTER RELIEF licly owned property within the boundaries of $2,000,000, to be derived by transfer from the For an additional amount for ‘‘Disaster the original CERT project. amount provided in this Act for ‘‘Federal Relief’’, $3,567,677,000 to remain available This language has been agreed to by EPA Emergency Management Agency—Disaster until expended: Provided, That $2,387,677,000 Relief’’. shall become available for obligation on Sep- and the Office of Management and Budget, and reflects the continuation of an agreement Mr. KENNEDY of Massachusetts tember 30, 1997: Provided further, That the en- (during the reading). Mr. Chairman, I tire amount is designated by Congress as an we all reached over a year ago to allow Bay emergency requirement pursuant to section City to clean up its land so that it can be put ask unanimous consent that the 251(b)(2)(D)(i) of the Balanced Budget and to other uses. Authority had been provided as amendment be considered as read. Emergency Deficit Control Act of 1985, as part of the fiscal 1996 EPA appropriation, but The CHAIRMAN. Is there objection amended. it was after the end of that fiscal year that to the request of the gentleman from AMENDMENT OFFERED BY MR. BARCIA EPA determined that additional balances Massachusetts? Mr. BARCIA. Mr. Chairman, I offer would be available after the settlement of all There was no objection. an amendment and I ask unanimous claims against it for expenses arising out of Mr. LIVINGSTON. Mr. Chairman, I consent that the amendment be consid- the CERT project. reserve a point of order on the gentle- ered as read. Mr. Chairman, the city of Bay City had at- man’s amendment. Mr. LIVINGSTON. I object, Mr. tempted to be the best neighbor possible for The CHAIRMAN. The gentleman Chairman, because I do not know what EPA while the CERT project was being de- from Louisiana reserves a point of the amendment is. signed. Community and business leaders had order. The CHAIRMAN. Objection is heard. established a good working relationship, and Mr. KENNEDY of Massachusetts. Mr. The Clerk will read. even EPA Administrator Browner in a visit to Chairman, this amendment is really The Clerk read as follows: Bay City acknowledged the rapport that had very simple. It asks for $2 million for Amendment offered by Mr. Barcia: been established between the city and the the National Institute of Alcohol Page 28, after line 1, insert the following: EPA. Abuse and Alcoholism to fund studies ENVIRONMENTAL PROTECTION AGENCY It is only right that the best of intentions, the to examine the effects of the electronic BUILDINGS AND FACILITIES vest of cooperation, be followed with the best media advertising of all forms of alco- hol, including beer, wine and distilled From the amounts appropriated under this of responsible action to allow Bay City to at heading in prior appropriation Acts for the least realize a portion of the dream that the spirits, on underage persons. Center for Ecology Research and Training CERT project had offered by cleaning up this The truth of the matter is that we (CERT), the Environmental Protection area. now have a situation in America where Agency (EPA) shall, after the closing of the The Senate has already included virtually the No. 1 killer of people under the age period for filing CERT-related claims pursu- identical language in this bill, and I have of 24 in the United States today is alco- ant to the Uniform Relocation Assistance cleared the amendment with both the Chair- hol abuse. It kills 5 times as many peo- and Real Property Acquisition Policies Act man of the VA±HUD Subcommittee, Mr. ple as all other illegal drugs combined. of 1970 (42 U.S.C. 4601 et seq.), obligate the We have a war on drugs in America maximum amount of funds necessary to set- LEWIS, and the ranking minority Member, Mr. tle all outstanding CERT-related claims STOKES. I want to offer my thanks to them per- where we spend $15 billion a year of against the EPA pursuant to such Act. To sonally and to their staffs for the assistance taxpayers’ moneys in order to fight a the extent that unobligated balances then they have provided to me and my office while war on drugs, and yet at the same time remain from such amounts previously appro- this issue has been worked out. we allow billions of dollars to be spent May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2759 advertising the most abused drug in The CHAIRMAN. Is there objection DEPARTMENT OF COMMERCE America. to the request of the gentleman from NATIONAL INSTITUTE OF STANDARDS AND Now some people do not consider al- Massachusetts? TECHNOLOGY cohol a drug, but the truth of the fact There was no objection. INDUSTRIAL TECHNOLOGY SERVICES is that it kills more people, it puts The CHAIRMAN. The amendment of- (RESCISSION) more people into situations where they fered by the gentleman from Massachu- Of the unobligated balances available are completely disoriented, and we see setts is withdrawn. under this heading for the Advanced Tech- now new studies that show us that 80 The CHAIRMAN. The Clerk will read. nology Program, $7,000,000 are rescinded. or 90 percent of all assaults in univer- The Clerk read as follows: NATIONAL OCEANIC AND ATMOSPHERIC sities, 80 or 90 percent of all rapes at CHAPTER 8 ADMINISTRATION universities are all committed when OFFSETS AND RESCISSIONS FLEET MODERNIZATION, SHIPBUILDING AND people are, in fact, completely drunk. CONVERSION DEPARTMENT OF AGRICULTURE Mr. Chairman, what we are trying to (RESCISSION) OFFICE OF THE SECRETARY do is recognize that as we have held a Of the unobligated balances available 48-year ban, one of the, I think, most FUND FOR RURAL AMERICA under this heading, $2,000,000 are rescinded. greatest demonstrations of corporate Of the funds provided on January 1, 1997 for RELATED AGENCIES section 793 of Public Law 104–127, Fund for responsibility in America, a 48-year FEDERAL COMMUNICATIONS COMMISSION Rural America, not more than $80,000,000 ban on hard liquor advertising that has SALARIES AND EXPENSES been kept in place on a voluntary basis shall be available: Provided, That in addition to activities described in subsections (c)(1) (RESCISSION) by the alcohol hard liquor industry, and (c)(2) of section 793, the Secretary may Of the unobligated balances available broken in these last few months; that use these funds for the Special Supplemental under this heading, $1,000,000 are rescinded. it is important for us to understand the Nutrition Program for Women, Infants, and OUNCE OF PREVENTION COUNCIL implications of that. I think the hard Children (WIC). (RESCISSION) liquor industry has a very legitimate NATURAL RESOURCES CONSERVATION Of the amounts made available under this point in that while they have held this SERVICE heading in Public Law 104–208, $1,000,000 are ban up, we have seen the beer and wine WETLANDS RESERVE PROGRAM rescinded, industry grow substantially in terms of Of the funds made available in Public Law DEPARTMENT OF ENERGY the amount that they are advertising 104–37 for the Wetlands Reserve Program, ENERGY PROGRAMS on television and in terms of the mar- $19,000,000 may not be obligated: Provided, ket share that they have captured. That none of the funds made available in ENERGY SUPPLY, RESEARCH AND DEVELOPMENT But I do not believe the answer, be- Public Law 104–37 for this account may be ACTIVITIES cause of this particular issue, is to obligated after September 30, 1997. (RESCISSION) therefore lower the bar on advertising, FOOD AND CONSUMER SERVICE Of the funds made available under this heading in Public Law 104–206 and prior so to speak, and have everybody out THE EMERGENCY FOOD ASSISTANCE PROGRAM there advertising, particularly on years’ Energy and Water Development Ap- Notwithstanding section 27(a) of the Food propriations Acts, $22,532,000 are rescinded. shows that we have seen, as I saw just Stamp Act, the amount specified for alloca- DEPARTMENT OF ENERGY a few weeks ago, on cartoons on Satur- tion under such section for fiscal year 1997 day morning that my children were shall be $80,000,000. CLEAN COAL TECHNOLOGY watching as beer ads starting coming FOREIGN AGRICULTURAL SERVICE (RESCISSION) Of the funds made available under this on the television set. EXPORT CREDIT heading for obligation in fiscal year 1997 or Mr. LIVINGSTON. Mr. Chairman, None of the funds made available in the will the gentleman yield? prior years, $17,000,000 are rescinded: Pro- Agriculture, Rural Development, Food and vided, That funds made available in previous Mr. KENNEDY of Massachusetts. I Drug Administration, and Related Agencies yield to the gentleman from Louisiana. appropriations Acts shall be available for Appropriations Act, 1997, Public Law 104–180, any ongoing project regardless of the sepa- Mr. LIVINGSTON. Mr. Chairman, I may be used to pay the salaries and expenses rate request for proposal under which the would tell the gentleman from Massa- of personnel to carry out a combined pro- project was selected. chusetts that I am constrained to press gram for export credit guarantees, supplier STRATEGIC PETROLEUM RESERVE the point of order. However, I under- credit guarantees, and emerging democracies stand the gentleman has had discus- facilities guarantees at a level which exceeds (RESCISSION) sions with the chairman of the Sub- $3,500,000,000. Of the funds made available under this EXPORT ENHANCEMENT PROGRAM heading in previous appropriations Acts, committee on Labor, Health and $11,000,000 are rescinded. Human Services, and Education, the None of the funds appropriated or other- DEPARTMENT OF TRANSPORTATION gentleman from Illinois [Mr. PORTER], wise made available in Public Law 104–180 FEDERAL AVIATION ADMINISTRATION and I would advise the gentleman that shall be used to pay the salaries and ex- penses of personnel to carry out an export should he withdraw his amendment at GRANTS-IN-AID FOR AIRPORTS enhancement program if the aggregate (AIRPORT AND AIRWAY TRUST FUND) this time, Mr. PORTER has advised that amount of funds and/or commodities under (RESCISSION OF CONTRACT AUTHORIZATION) he would entertain further action on such program exceeds $10,000,000. Of the unobligated balances authorized this matter in the 1998 appropriations DEPARTMENT OF JUSTICE supplement. under section 14 of Public Law 91–258 as GENERAL ADMINISTRATION Mr. KENNEDY of Massachusetts. Mr. amended, $750,000,000 are rescinded. Chairman, I very much appreciate the WORKING CAPITAL FUND POINT OF ORDER gentleman’s willingness to work with (RESCISSION) Mr. BACHUS. Mr. Chairman, I raise a us, and the gentleman from Illinois Of the unobligated balances available point of order. [Mr. PORTER] has been one of the great under this heading, $6,400,000 are rescinded. The CHAIRMAN. The gentleman will leaders on this issue over the years and LEGAL ACTIVITIES state his point of order. has worked in the House, and I very ASSETS FORFEITURE FUND Mr. BACHUS. Mr. Chairman, I raise a much appreciate the process by which (RESCISSION) point of order against the paragraph on this on a technical basis might have Of the amounts made available to the At- page 33 lines 14 through 21. I also want been ruled out of order this evening, torney General on October 1, 1996, from sur- to advise the Chair I will be raising but because of the leadership that the plus balances declared in prior years pursu- points of order, three more points of chairman has shown, and I hope his ant to 28 U.S.C. 524(c), authority to obligate order, against the paragraphs which support for this issue, and the leader- $3,000,000 of such funds in fiscal year 1997 is follow this paragraph. ship that Chairman PORTER has shown, rescinded. Mr. Chairman, I raise a point of order that we will in fact get the funding IMMIGRATION AND NATURALIZATION SERVICE against this paragraph in that this pro- necessary to achieve this study in the CONSTRUCTION vision violates clause 2 of rule XXI be- coming fiscal year. (RESCISSION) cause it rescinds $750 million in airport On that basis, Mr. Chairman, I ask Of the unobligated balances under this and airway trust fund contract author- unanimous consent to withdraw my heading from amounts made available in ity, not general fund appropriations for amendment. Public Law 103–317, $1,000,000 are rescinded. aviation projects. H2760 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Airport and airway trust fund con- NATIONAL HIGHWAY TRAFFIC SAFETY PARLIAMENTARY INQUIRY tract authority, as with highway au- ADMINISTRATION Mr. BACHUS. Mr. Chairman, par- thority, which my next three points of HIGHWAY TRAFFIC SAFETY GRANTS liamentary inquiry. order will deal with, while a form of di- (HIGHWAY TRUST FUND) The CHAIRMAN. The gentleman will rect spending, is legislative in nature, (RESCISSION OF CONTRACT AUTHORIZATION) state it. and rescinding such authority is not Of the available contract authority bal- Mr. BACHUS. Mr. Chairman, I have a within the jurisdiction of the Commit- ances under this heading, $13,000,000 are re- point of order before the committee. tee on Appropriations but of the Com- scinded. The CHAIRMAN. The point of order mittee on Transportation and Infra- POINT OF ORDER of the gentleman from Alabama was structure. Mr. BACHUS. Mr. Chairman, I raise a conceded and sustained. This rescission constitutes legisla- point of order. Mr. BACHUS. On all four points? tion on an appropriation bill and clear- The CHAIRMAN. The gentleman The CHAIRMAN. On all four para- ly violates House rule XXI. from Alabama [Mr. BACHUS] will state graphs, that is correct. his point of order. Mr. BACHUS. All right. I thank the b 1845 Mr. BACHUS. Mr. Chairman, this Chairman. This rescission constitutes legisla- provision violates rule XXI, and I SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE tion on an appropriations bill and would raise a point of order in that it clearly violates House rules. deals with the Highway Trust Fund, The CHAIRMAN. Pursuant to the The CHAIRMAN. Does the chairman whose jurisdiction to rescind contract rule, proceedings will now resume on of the committee wish to be heard on authority is clearly within the Com- those amendments on which proceed- the point of order? mittee on Transportation and Infra- ings were postponed in the following Mr. LIVINGSTON. I would, Mr. structure, not the Committee on Ap- order: Chairman. propriations. Amendment No. 8 offered by the gen- I would concede the point of order. I will say, as to this point of order tleman from Florida [Mr. DIAZ- The gentleman is well within his rights and to the next two which I will raise, BALART]; Amendment No. 7 offered by to assert the point of order. I only that the Committee on Transportation the gentleman from Pennsylvania [Mr. would say in addition, though, that I and Infrastructure would be glad to GEKAS]. regret that he sees fit to assert this work with the Committee on Appro- AMENDMENT NO. 8 OFFERED BY MR. DIAZ- point of order, because in fact what it priations at a future date. BALART I renew my point of order. does is to strike $1.7 billion in the re- The CHAIRMAN. The pending busi- The CHAIRMAN. The gentleman’s scissions in this bill, which leaves the ness is the demand for a recorded vote point of order has been insisted on. bill exposed. on the amendment offered by the gen- The CHAIRMAN. Does the gentleman We have made it a point since Janu- tleman from Florida [Mr. DIAZ- from Louisiana [Mr. LIVINGSTON] wish ary 1, 1994 to offset all increases in ap- BALART] on which further proceedings to be heard on the point of order? propriations with rescissions. This $1.7 were postponed and on which the ayes Mr. LIVINGSTON. Mr. Chairman, I billion was part of the total package prevailed by voice vote. would make the same comments to all that offset the additional spending in The Clerk will redesignate the of the gentleman’s points of order. this bill, and I know that this will lead amendment. THE CHAIRMAN. The gentleman’s to additional amendments to strike The Clerk redesignated the amend- point of order is conceded and sus- provisions of this bill, which could lead ment. tained. to reductions in disaster relief. I regret RECORDED VOTE Mr. LIVINGSTON. Mr. Chairman, I that. I think that is unfortunate. The CHAIRMAN. A recorded vote has understand it is a package deal, and I Frankly, I had hoped that this point been demanded. ask unanimous consent that the re- of order would not be lodged, but it has A recorded vote was ordered. maining points of order all be consid- been lodged and there is nothing I can The vote was taken by electronic de- ered en bloc. do about it. vice, and there were—ayes 345, noes 74, The CHAIRMAN. Is there objection The CHAIRMAN. The point of order not voting 14, as follows: to the request of the gentleman from is conceded and sustained. The para- [Roll No. 133] Louisiana? graph is stricken. There was no objection. AYES—345 Mr. BACHUS. Mr. Chairman, I raise a The Clerk will read the next 2 para- Abercrombie Callahan Diaz-Balart point of order. Ackerman Calvert Dicks graphs. The CHAIRMAN. The gentleman will Allen Camp Dingell The Clerk read as follows: state it. Archer Campbell Dixon FEDERAL TRANSIT ADMINISTRATION Baesler Canady Doggett Mr. BACHUS. Mr. Chairman, I raise a Baker Capps Dooley point of order against page 34, lines 1 TRUST FUND SHARE OF EXPENSES Baldacci Cardin Doolittle through 6. (HIGHWAY TRUST FUND) Ballenger Carson Doyle Barcia Castle Dreier The provision violates rule XXI in (RESCISSION OF CONTRACT AUTHORIZATION) Barrett (NE) Chenoweth Duncan that it is an appropriation and should Of the available balances of contract au- Barrett (WI) Clay Dunn be under the purview of the authoriza- thority under this heading, $271,000,000 are Bartlett Clayton Edwards rescinded. Bateman Clement Ehlers tion committee, the Committee on Becerra Clyburn Ehrlich Transportation and Infrastructure. DISCRETIONARY GRANTS Bentsen Conyers Engel The CHAIRMAN. The gentleman is a (HIGHWAY TRUST FUND) Berman Cook English little ahead of the Reading Clerk. The Berry Cooksey Ensign (RESCISSION OF CONTRACT AUTHORIZATION) Bilbray Costello Eshoo gentleman will withdraw until the Of the available balances of contract au- Bilirakis Cox Etheridge Clerk reads. thority under this heading, for fixed guide- Bishop Coyne Evans Mr. BACHUS. Mr. Chairman, if we way modernization and bus activities under Blagojevich Cramer Ewing 49 U.S.C. 5309(m) (A) and (C), $588,000,000 are Bliley Crane Farr have raised a point of order against the Blumenauer Cubin Fattah first paragraph, does it have to be read rescinded. Boehlert Cummings Fawell anyway? POINTS OF ORDER Bonilla Cunningham Fazio The CHAIRMAN. The lines the gen- Mr. BACHUS. Mr. Chairman, I raise a Bonior Danner Filner Bono Davis (FL) Flake tleman is raising a point of order point of order. Borski Davis (IL) Foglietta against have not been read. If the gen- The CHAIRMAN. The gentleman Boswell Davis (VA) Foley tleman would withhold, the gentle- from Alabama [Mr. BACHUS] has raised Boucher DeFazio Forbes Boyd DeGette Ford man’s right would certainly be pro- a point of order against both para- Brown (CA) Delahunt Fowler tected. graphs. Brown (FL) DeLauro Fox The Clerk will read. The points of order are conceded and Brown (OH) Dellums Frank (MA) The Clerk read as follows: sustained. Bunning Deutsch Franks (NJ) May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2761 Frelinghuysen Lofgren Rodriguez Packard Royce Shuster Duncan Kasich Riley Frost Lowey Roemer Parker Ryun Snowbarger Dunn Kelly Rogan Furse Lucas Rogan Paul Sanford Solomon Ehlers Kim Rohrabacher Gallegly Luther Ros-Lehtinen Paxon Scarborough Stump Ehrlich King (NY) Ros-Lehtinen Gejdenson Maloney (CT) Rothman Petri Schaefer, Dan Sununu Emerson Kingston Roukema Gekas Maloney (NY) Roukema Pickering Schaffer, Bob Taylor (MS) English Kleczka Royce Gephardt Manzullo Roybal-Allard Riley Sensenbrenner Thune Ensign Klug Ryun Gibbons Markey Rush Rogers Sessions Tiahrt Everett Kolbe Salmon Gilchrest Martinez Sabo Rohrabacher Shadegg Ewing LaHood Sanford Gillmor Mascara Salmon Fawell Largent Saxton Gilman Matsui Sanchez NOT VOTING—14 Foley Latham Scarborough Gonzalez McCarthy (MO) Sanders Andrews Jefferson Skelton Forbes LaTourette Schaefer, Dan Goodlatte McCarthy (NY) Sandlin Condit Manton Smith (MI) Fowler Lazio Schaffer, Bob Goodling McCollum Sawyer Crapo Molinari Velazquez Fox Leach Sensenbrenner Gordon McCrery Saxton Hefner Mollohan Watkins Franks (NJ) Lewis (KY) Sessions Goss McDade Schumer Istook Schiff Frelinghuysen Linder Shadegg Granger McDermott Scott Gallegly Lipinski Shaw Green McGovern Serrano b 1909 Ganske LoBiondo Shays Greenwood McHale Shaw Gekas Lucas Sherman Gutierrez McHugh Shays Mr. COMBEST changed his vote from Gibbons Manzullo Shimkus Hall (OH) McInnis Sherman ‘‘aye’’ to ‘‘no.’’ Gilchrest McCarthy (NY) Shuster Hamilton McIntosh Shimkus Mrs. KENNELLY and Messrs. Gillmor McCollum Skeen Harman McIntyre Sisisky Gilman McCrery Smith (MI) Hastert McKeon Skaggs GALLEGLY, SOUDER, and Gingrich McDade Smith (NJ) Hastings (FL) McKinney Skeen GOODLATTE changed their vote from Goode McHugh Smith (OR) Hastings (WA) McNulty Slaughter ‘‘no’’ to ‘‘aye.’’ Goodlatte McInnis Smith (TX) Hayworth Meehan Smith (NJ) Goodling McIntosh Smith, Linda Hill Meek Smith (OR) So the amendment was agreed to. Gordon McKeon Snowbarger Hilliard Menendez Smith (TX) The result of the vote was announced Goss Metcalf Solomon Hinchey Metcalf Smith, Adam as above recorded. Graham Mica Souder Hinojosa Mica Smith, Linda Granger Miller (FL) Spence PERSONAL EXPLANATION Hobson Millender- Snyder Greenwood Moran (KS) Stearns Hoekstra McDonald Souder Mr. SMITH of Michigan. Mr. Chairman, on Gutknecht Moran (VA) Stenholm Holden Miller (CA) Spence rollcall No. 133, I was unavoidably detained. Hall (TX) Morella Stump Hooley Minge Spratt Hansen Myrick Sununu Horn Mink Stabenow Had I been present, I would have voted ``yes.'' Hastert Neumann Talent Houghton Moakley Stark PERSONAL EXPLANATION Hastings (WA) Ney Tauzin Hoyer Moran (KS) Stearns Ms. VelaÂzquez. Mr. Chairman, I was un- Hayworth Northup Taylor (MS) Hunter Moran (VA) Stenholm Hefley Norwood Taylor (NC) Hyde Morella Stokes avoidably detained during rollcall vote No. Herger Nussle Thomas Jackson (IL) Murtha Strickland 133, the Diaz-Balart/Meek amendment. Hill Oxley Thornberry Jackson-Lee Myrick Stupak Had I been present, I would have voted Hilleary Pappas Tiahrt (TX) Nadler Talent Hobson Parker Traficant Jenkins Neal Tanner ``yes.'' Hoekstra Paxon Upton John Nethercutt Tauscher b Horn Pease Walsh Johnson (CT) Neumann Tauzin 2030 Hostettler Peterson (PA) Watts (OK) Taylor (NC) Hoyer Petri Weldon (FL) Johnson (WI) Ney PERSONAL EXPLANATION Johnson, E. B. Northup Thomas Hulshof Pickering Weldon (PA) Kanjorski Oberstar Thompson Mr. ISTOOK. Mr. Chairman, I was absent at Hunter Pitts Weller Kaptur Obey Thornberry rollcall vote 133. Had I been present, I would Hutchinson Pombo White Kasich Olver Thurman have voted ``no.'' Hyde Porter Whitfield Kelly Ortiz Tierney Inglis Portman Wicker Kennedy (MA) Owens Torres AMENDMENT NO. 7 OFFERED BY MR. GEKAS Istook Pryce (OH) Wolf Kennedy (RI) Oxley Towns The CHAIRMAN. The pending busi- Jenkins Quinn Wynn Kennelly Pallone Traficant ness is the demand for a recorded vote Johnson (CT) Radanovich Young (AK) Kildee Pappas Turner Johnson, Sam Regula Young (FL) Kilpatrick Pascrell Upton on the amendment offered by the gen- Jones Riggs Kim Pastor Vento tleman from Pennsylvania [Mr. GEKAS] NOES—197 Kind (WI) Payne Visclosky on which further proceedings were King (NY) Pease Walsh Abercrombie Delahunt Jackson-Lee Kleczka Pelosi Wamp postponed and on which the ayes pre- Ackerman DeLauro (TX) Klink Peterson (MN) Waters vailed by voice vote. Aderholt Dellums John Klug Peterson (PA) Watt (NC) The Clerk will redesignate the Allen Deutsch Johnson (WI) Knollenberg Pickett Watts (OK) amendment. Baesler Dicks Johnson, E. B. Kolbe Pitts Waxman Baldacci Dingell Kanjorski Kucinich Pombo Weldon (FL) The Clerk redesignated the amend- Barcia Dixon Kaptur LaFalce Pomeroy Weldon (PA) ment. Barrett (NE) Dooley Kennedy (MA) LaHood Porter Weller Barrett (WI) Doyle Kennedy (RI) Lampson Portman Wexler RECORDED VOTE Becerra Edwards Kennelly Lantos Poshard Weygand Bentsen Engel Kildee White LaTourette Price (NC) The CHAIRMAN. A recorded vote has Berman Eshoo Kilpatrick Whitfield Lazio Pryce (OH) been demanded. Berry Etheridge Kind (WI) Wicker Leach Quinn Blagojevich Evans Klink Wise A recorded vote was ordered. Levin Radanovich Blumenauer Farr Knollenberg Lewis (CA) Rahall Wolf The vote was taken by electronic de- Bonior Fattah Kucinich Lewis (GA) Ramstad Woolsey Borski LaFalce vice, and there were—ayes 227, noes 197, Fazio Lewis (KY) Rangel Wynn Boswell Lampson not voting 10, as follows: Filner Linder Regula Yates Boucher Lantos Flake Lipinski Reyes Young (AK) [Roll No. 134] Boyd Levin Foglietta Livingston Riggs Young (FL) Brown (CA) Lewis (CA) AYES—227 Ford LoBiondo Rivers Brown (FL) Lewis (GA) Archer Bono Coburn Brown (OH) Frank (MA) Livingston Armey Brady Collins Callahan Frost Lofgren NOES—74 Bachus Bryant Combest Capps Furse Lowey Aderholt Chambliss Hansen Baker Bunning Cook Carson Gejdenson Luther Armey Christensen Hefley Ballenger Burr Cooksey Clay Gephardt Maloney (CT) Bachus Coble Herger Barr Burton Cox Clayton Gonzalez Maloney (NY) Barr Coburn Hilleary Bartlett Buyer Crane Clement Green Markey Barton Collins Hostettler Barton Calvert Crapo Clyburn Gutierrez Martinez Bass Combest Hulshof Bass Camp Cubin Condit Hall (OH) Mascara Bereuter Deal Hutchinson Bateman Campbell Cummings Conyers Hamilton Matsui Blunt DeLay Inglis Bereuter Canady Cunningham Costello Harman McCarthy (MO) Boehner Dickey Johnson, Sam Bilbray Cannon Davis (VA) Coyne Hastings (FL) McDermott Brady Emerson Jones Bilirakis Cardin Deal Cramer Hilliard McGovern Bryant Everett Kingston Bishop Castle DeLay Danner Hinchey McHale Burr Ganske Largent Bliley Chabot Diaz-Balart Davis (FL) Holden McIntyre Burton Goode Latham Blunt Chambliss Dickey Davis (IL) Hooley McKinney Buyer Graham Miller (FL) Boehlert Chenoweth Doggett DeFazio Houghton McNulty Cannon Gutknecht Norwood Boehner Christensen Doolittle DeGette Jackson (IL) Meehan Chabot Hall (TX) Nussle Bonilla Coble Dreier H2762 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Meek Poshard Stabenow housing certificate and housing voucher pro- tive Death Penalty Act of 1996 which Menendez Price (NC) Stark grams (42 U.S.C. 1437f and 1437f(o) respec- Millender- Rahall Stokes was signed into law by the President tively): Provided further, That the foregoing on April 24 of last year. I think this is McDonald Ramstad Strickland recaptures shall be from amounts in the an- Miller (CA) Rangel Stupak nual contributions contract (ACC) reserve a good amendment, and I urge its adop- Minge Reyes Tanner tion. Mink Rivers Tauscher accounts established and maintained by Moakley Rodriguez Thompson HUD. Mr. BARR of Georgia. Mr. Chairman, Murtha Roemer Thune AMENDMENT OFFERED BY MR. BARR OF GEORGIA reclaiming my time, I appreciate the Nadler Rogers Thurman Mr. BARR of Georgia. Mr. Chairman, gentleman’s comments. Neal Rothman Tierney The CHAIRMAN. The question is on Nethercutt Roybal-Allard Torres I offer an amendment. Oberstar Rush Towns The Clerk read as follows: the amendment offered by the gen- Obey Sabo Turner Amendment offered by Mr. BARR of Geor- tleman from Georgia [Mr. BARR]. Olver Sanchez Velazquez gia: The amendment was agreed to. Ortiz Sanders Vento Page 35, after line 25, insert the following: AMENDMENT OFFERED BY MR. NEUMANN Owens Sandlin Visclosky Packard Sawyer Wamp COMMISSION ON THE ADVANCEMENT OF FEDERAL Mr. NEUMANN. Mr. Chairman, I Pallone Schumer Waters LAW ENFORCEMENT offer an amendment. Pascrell Scott Watt (NC) For an additional amount for the oper- The Clerk read as follows: Pastor Serrano Waxman ations of the Commission on the Advance- Amendment offered by Mr. NEUMANN: Paul Sisisky Wexler ment of Federal Law Enforcement, $2,000,000, Page 35, after line 25, insert the following Payne Skaggs Weygand Pelosi Slaughter Wise to remain available until expended. new chapter: Peterson (MN) Smith, Adam Woolsey Mr. BARR of Georgia (during the CHAPTER 9 Pickett Snyder Yates reading). Mr. Chairman, I ask unani- FURTHER SPENDING REDUCTIONS Pomeroy Spratt mous consent that the amendment be SEC. 901. The amount otherwise provided NOT VOTING—10 considered as read and printed in the by this title for ‘‘Federal Emergency Man- Andrews Manton Skelton RECORD. agement Agency—Disaster Relief’’ (and the Hefner Molinari Watkins The CHAIRMAN. Is there objection portion of such amount that is specified to Hinojosa Mollohan to the request of the gentleman from become available for obligation on Septem- Jefferson Schiff Georgia? ber 30, 1997) are hereby reduced by b 1928 There was no objection. $1,700,000,000. Mr. NEUMANN. Mr. Chairman, ear- Mr. CONDIT changed his vote from Mr. BARR of Georgia. Mr. Chairman, lier this evening, on a point of order on ‘‘aye’’ to ‘‘no.’’ this amendment would simply restore page 33 of the bill, lines 14 through 21, Mr. FAWELL changed his vote from $2 million to the Law Enforcement through page 34, lines 1 through 19, ‘‘no’’ to ‘‘aye.’’ Commission, which was created in sec- were stricken from the bill. That effec- So the amendment was agreed to. tion 806 of the Effective Death Penalty tively removed $1.622 billion of rescis- The result of the vote was announced and Anti-terrorism Act of 1986. sions. as above recorded. Last fall in the Omnibus Consoli- dated Appropriations Act of 1996, the Earlier this evening the chairman PERSONAL EXPLANATION House passed and approved the $2 mil- and I had a discussion about whether Mr. HINOJOSA. Mr. Chairman, ear- lion in funding for this bipartisan com- the bill was paid for in BA or outlays, lier I was in the Chamber and cast my mission, which already has three of its and we have a difference of opinion vote. I inserted my card and thought five members appointed. At the last over that. But there is no question at my vote had been recorded. I have been minute, however, Mr. Chairman, this this point that it is no longer paid for informed that it did not take. Had it funding was stripped out of the omni- even in budget authority. As that point been taken on rollcall vote 134, it bus bill by the Senate. Therefore, the of order was raised, they lost $1.622 bil- would have been ‘‘no.’’ commission has not yet been able to lion of rescission, so the bill is no b 1930 begin its important work. longer paid for in outlays either. What our amendment does is it sim- The CHAIRMAN. The Clerk will read. I would urge we seize the moment af- ply reaches back to page 28 in the bill. The Clerk read as follows: forded by this supplemental appropria- tions bill to restore this funding imme- And let me be very, very clear about GENERAL SERVICES ADMINISTRATION diately. The commission has bipartisan this, because our rescission deals with FEDERAL BUILDINGS FUND support in the House. The sole purpose money that could not be spent prior to (LIMITATIONS ON AVAILABILITY OF REVENUE) of this commission is to put forth rec- September 30 of this year. On page 28 in (RECESSION) ommendations to the Congress to make this amendment, and I read, quote, Of the funds made available under this Federal law enforcement better and ‘‘That $2.387 billion shall become avail- heading for ‘‘Repairs and Alterations, Basic more accountable. able for obligation on September 30, Repairs and Alterations,’’ in Public Law 104– The public safety is law enforce- 1997.’’ 208, $1,400,000 is rescinded: Provided, That ment’s top priority and this commis- What we have done is removed $1.7 of these funds shall be reduced from the sion would find ways to make us more this $2.4, roughly, billion to put the bill amounts made available for the renovation back in balance so that at least in of the Agricultural Research Service Labora- successful in achieving this mutual pri- tory in Ames, Iowa. ority. Mr. Chairman, I urge my col- budget authority the bill is paid for. Once again, I would point out that EXPENSES, PRESIDENTIAL TRANSITION leagues on both sides to support my our amendment is very straight- (RESCISSION) amendment in order that this commis- sion may begin its important work. forward. It simply reaches back in the Of the funds made available under this Mr. ROGERS. Mr. Chairman, will the bill, removes $1.7 billion of advance heading in Public Law 104–208, $5,600,000 are funding for FEMA. Advance funding rescinded. gentleman yield? Mr. BARR of Georgia. I yield to the does not affect any of the flood spend- DEPARTMENT OF HOUSING AND URBAN ing going on around the country today DEVELOPMENT gentleman from Kentucky. Mr. ROGERS. Mr. Chairman, I sup- and in no way affects defense in this HOUSING PROGRAMS port the gentleman’s amendment to bill. It does not affect any of the flood ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING provide $2 million for the establish- victims today, but rather it only goes (RESCISSION) ment of the Commission on the Ad- in and takes out some money that Of the amounts recaptured under this vancement of Federal Law Enforce- could not be spent until after Septem- heading during fiscal year 1997 and prior ment. The House-passed Commerce- ber 30 when the normal appropriation years, with the exception of the recaptures Justice-State appropriations bill for process would have completed itself specified in section 214 of Public Law 104–204, this year included $2 million, and I re- anyway. $3,823,440,000 are rescinded: Provided, That of So, simply put, this bill puts the bill this amount, the Secretary of Housing and gret that the funding was dropped in Urban Development shall recapture our conference with the Senate last back to a point where it is at least paid $3,573,440,000 in amounts heretofore made fall. for in budget authority. I will restate available to housing agencies for tenant- The commission was authorized as a that the bill is no longer paid for even based assistance under the section 8 existing part of the Anti-terrorism and Effec- in budget authority. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2763 Mr. LEWIS of California. Mr. Chair- being paid for. Let me say that I do re- know everyone is ready to get going man, I rise in opposition to the gentle- gret that, because I believe very this evening. I have got a few points man’s amendment. strongly that all of this money is need- that I think should be made as we con- Mr. Chairman, it is very important ed. sider this. that Members focus upon this amend- Mr. Chairman, we have had any num- It comes down to the responsibility ment for it goes right to the heart of ber of speakers who have gone before of the people in this institution. There why we have an emergency supple- the House, came today and pointed to are people that send us here to act re- mental. If this amendment were to be pictures and talked about devastation sponsibly for the future of this great successful, it would interrupt FEMA’s throughout this country, various loca- Nation we live in. I think that as we ability to go forward consistently with- tions that have been wreaked by dam- start thinking about doing things like out having to close back their oper- age from floods, tornadoes, and other helping flood disaster victims around ations at a very critical time. disasters. People in 35 States are af- the United States of America, I think Remember that the time when these fected by the contents of this bill and we have a responsibility to help these funds will be most needed takes us di- are looking forward to being able to be people and I think this bill should rectly into the heart of the hurricane assisted with the Federal moneys move forward. season, which has been predicted to be available in this bill. I think that it But I think we have a responsibility among the worst on record. would be nonsense to reduce the mon- to future generations of Americans, There is little question that if Mem- eys in this bill simply because we have too. I think it is our responsibility in bers at this time vote in a fashion that not applied all of the nuances that our generation that if we are going to would undermine FEMA funding, an some people might consider their prop- send money to help flood victims, at agency that among all the agencies has er rights to issue on points of order. least we should take the money out of begun to do things right, we will be in The fact is that the Federal Emer- our generation’s pockets, not put it on the burden of our children. a position of having stood on this floor gency Management Administration That is what this debate is about. Is and essentially voted against those funding is needed, and I do not believe it fair for us in this Congress to take that this is the way, as the gentleman people facing very difficult times at credit for sending this funny money points out in his amendment, to get this critical moment. from Washington, because that is how the bill back in balance. I do not think I urge the Members to be very cau- we are treating it, is it fair for us to we should just arbitrarily say, well, it tious about this vote. I also urge the take credit for sending flood disaster is not in balance and therefore let us Members to vote no on this amend- relief to victims all over America and cut the amount of money. The money ment. then add the debt to our children’s bur- was recommended appropriated by the Mr. LIVINGSTON. Mr. Chairman, I den? That is not right. Our generation committee, and a like amount of move to strike the last word, and rise has a responsibility to pay for the flood in reluctant opposition to the amend- money in the other body was to be ap- disaster relief money that is going else- ment. propriated, because it is needed by the where. First of all, let me say that the gen- American people. I would like to clear up a couple of tleman from Wisconsin is absolutely Mr. Chairman, let me conclude by other points. Number one, none of the right in his assessment of the budg- saying that making up that $1.6 billion money that we are talking about could etary impact of this bill. As the bill that was struck on a point of order will possibly be used in any way, shape or was reported from the committee to be very difficult. The budget neutrality form for a hurricane that hit next the House, it was in balance. It in- for this bill has been carefully month or the month after, nor could it cluded spending for Bosnia and for dis- confected because, in fact, outlays are be used for any of the current flood dis- aster relief roughly $8 billion, and it difficult to come by this late in the fis- aster victims we are talking about. In provided offsets, roughly $8 billion. It cal year so we paid for this bill in budg- fact, page 28 of this bill says for an ad- was paid for in budget authority. et authority. By asserting a point of ditional amount of disaster relief, $3.5 The gentleman from Wisconsin of- order, the fact is it is now short $1.6 billion to remain available until ex- fered an amendment because he felt billion. I would hope that the Members pended, provided, $2.4 billion shall be- that it was not paid for if we consid- would understand that the American come available for obligation on Sep- ered just outlays. But as we have people who are devastated by floods tember 30, 1997. pointed out, all supplemental appro- and tornadoes and other disasters need What that means in English is that priations bills have been paid for in this money. none of the money we are talking budget authority, and that was a prac- Therefore, this amendment should be about could have been spent before tice that was never adopted by the defeated. If it is defeated and if this September 30, anyway. September 30 is Congress until January 3, 1995. So we bill is passed, I guarantee that I will do the last day of this fiscal year. On Oc- thought we had accomplished a great everything in my power as chairman of tober 1, we have normal appropriation deal. this committee to make sure that bills in place. So there is absolutely no Now along comes one of the commit- when this bill returns from conference, impact in any way, shape or form on tees, and it has invoked a point of it will be fully paid for regardless of any of the hurricane victims or any of order to eliminate some of the pay- whatever points of order may have the current flood victims that are fors, some of the rescissions, in the been asserted. And I would hope that being affected by this money. amount of $1.6 plus billion. That was the members of the committee that as- Further, and I think this is very im- the transportation trust fund rescis- serted those points of order would join portant, I think we have to look at this sions which were deleted. That is un- with me and vote to get this bill out of advanced funding and understand why fortunate because, as the gentleman the House and over to the other body the advanced funding is in the bill. The from Wisconsin has pointed out, by where we can meet, confer, and make advanced funding is in this bill, and let taking those rescissions out on a point sure that the conference is completed everyone understand this, it is in this of order, however meritorious, the fact and that the work is done and that the bill so it can be called emergency is this bill is not paid for anymore. We bill comes back, so that we can send spending, even though it is not going appropriate about $8 billion and we the entire bill to the President of the to be spent on any of the disasters have paid for it with about $1.6 billion United States for his signature, and around America today or any of the less than that total amount. that those people who have been af- disasters that have occurred; but disas- flicted so adversely by disaster get the ters that occur after September 30 b 1945 money that they deserve. when it gets classified as emergency Mr. Chairman, the Committee on Ap- Mr. CAMPBELL. Mr. Chairman, I spending, we no longer have to count it propriations in bipartisan fashion felt move to strike the requisite number of toward spending caps. So by putting it it very necessary to provide offsets and words, and I yield to the gentleman in this bill, classified as emergency report a bill that was paid for. With the from Wisconsin [Mr. NEUMANN]. spending, instead of in an appropria- point of order that has been raised, we Mr. NEUMANN. Mr. Chairman, I tion bill, we do not have to count it to- acknowledge it is $1.6 billion short of thank the gentleman for yielding. I ward the spending caps. H2764 CONGRESSIONAL RECORD — HOUSE May 15, 1997 What that means in plain, simple propriation bills if we are to be any- their homes, who have not had utility English is that we get to spend another where near finished by the end of the service and they are waiting for this $2 billion or $1.7 billion later this year. fiscal year. The last thing we are going assistance to be delivered. This is really not about flood disaster to need to do is to have to deal again We have been talking about this for relief and the victims out there today. and again with more emergency the last 2 or 3 weeks and every time it This is about getting to spend another supplementals because God has deigned is something else that bogs down the $1.7 billion later this year in the appro- to ignore the budget resolution and has discussion, it goes on longer and longer priations process without counting it caused natural disasters, or allowed and longer. I am probably as fiscally toward the caps that are in place. them to happen, in any part of the conservative as anybody in this body Let me just conclude by saying, I country. and I happen to believe that the chair- think we of our generation have a re- The real fix, I would submit, is not man of the Committee on Appropria- sponsibility to help the flood victims, the Neumann amendment or anything tions is also very fiscally conservative. and I think we also have a responsibil- else that has been offered tonight. If When he gives me his assurance that ity to pay the bill out of our pocket, my colleagues really want to get the when we go to conference with this bill not put it on the backs and the burdens government out of this constant hole that they are going to come out with a that are going to be passed on to our of having to find how to finance disas- bill that is paid for, I believe that. I be- children in this great Nation. ters, what we really need to do is to lieve that we have to as a body rally Mr. LEWIS of California. Mr. Chair- bring to the floor of this House a new around the people who have been dam- man, will the gentleman yield? way of dealing with disasters. What we aged and afflicted by these flooding Mr. CAMPBELL. I yield to the gen- really need to do in my view is to have conditions and many other disasters tleman from California. an insurance fund into which each of around this country and do what needs Mr. LEWIS of California. I appreciate the States pay on an experience-rated to be done here. We will see that these the gentleman yielding. I asked the basis so that if they have disasters, we things are taken care of. gentleman to yield simply because I do not have to go through this month I do not have any intention at all of did enjoy the gentleman’s speech but after month and year after year, that having a conference report come out he just happens to be wrong. The fact there will already be an insurance fund that is not paid for. But we desperately is that FEMA moneys, advance pay- created for the purpose of funding need assistance. We have critical needs ments of FEMA moneys are making up those disasters on a regular basis. Oth- in our State, in the State of North Da- for funding of floods and disasters that erwise, no matter what budgets we kota, in the State of Minnesota and have taken place in the past. We have adopt on an annual basis, we will con- many others who are affected by disas- got to continue that funding forward. stantly be jerking them around to ters in this country and who are going If we do not continue that funding for- make up for the fact that we cannot to benefit from the assistance that is ward, there could be a gap in FEMA’s predict acts of God. provided in this supplemental appro- services. The last thing we need to do Mr. Chairman, I would simply urge priation bill, and I think that it is high as a result of this bill is to allow any every Member of this House to remem- time we get on with it and take care of gap to occur in those fundings for those ber, it is not an easy thing to chair the the business at hand and vote down all disasters that are so important to the Committee on Appropriations or each these ancillary amendments and get American people. of the 13 subcommittees. Most of the the bill passed, get it conferenced and Mr. NEUMANN. Just to make the time, all of the choices that you have get the assistance to the American peo- record 100 percent clear, if this amend- to make are bad ones. No matter what ple and the people in our States who ment is passed, there is still $700 mil- choice you make, somebody is going to really need it. lion of unexpended FEMA money in be unhappy, somebody is going to be b here. So the gap that the gentleman is sore and somebody is going to insist 2000 talking about and, by the way, I very that you have not made a pluperfect Mrs. MEEK of Florida. Mr. Chair- much respect the chairman of our sub- decision. It seems to me that the com- man, I move to strike the requisite committee, but the gap he is talking mittee has made the best decision it number of words. about is more than covered by the $700 could under the circumstances, and I Mr. Chairman, I think what my col- million of unobligated and unallocated would simply urge my colleagues to leagues have heard here today are some funds that are still in here. So make no recognize that as we consider this and brilliant theorisms; we have heard mistake, this does not wipe out all the any other amendment before the House some brilliant theories, but there is no money like it should. It only wipes out tonight. time for theories now. We have heard $1.7 billion of it, leaving $700 million Mr. THUNE. Mr. Chairman, I move to from every side of this House, people still available to cover what the gen- strike the requisite number of words. who want to predict what is going to tleman is referring to. Mr. Chairman, I would like to if I happen in 1998 and what is going to Mr. OBEY. Mr. Chairman, I move to could, comment briefly on this because happen in 1999, and my colleagues are strike the requisite number of words. I happen to be from a State that is af- thinking about some other brilliant no- Mr. Chairman, I do not want to put fected by this disaster. I can tell my menclature with whom each of my col- this in the context of either being for colleagues one thing. The people in the leagues is familiar. or against the Neumann amendment. I Dakotas and Minnesota do not under- But I am standing here to ask my would simply like to make some obser- stand what a CR is. A lot of them do colleagues to get real, to get real and vations about where I am concerned we not even understand exactly what this pass the good budget that the appro- are going to be. whole process is all about, about trying priations chairman has come out with. Right now, FEMA tells us that if we to adopt a supplemental appropriation. He has had to work very, very hard; so proceed as the House would proceed But they do know that there are a lot has the Committee on Appropriations; under this amendment, that come the of them who are displaced from their so has the ranking member and every- middle of September, they expect to homes, there are a lot of them who one on this floor. have less than $200 million available to have lost property, and I have been in I am not against theory, but it is just meet all problems that they are re- those Red Cross relief shelters, I have not time for theory. We have people quired to deal with, funds that would seen some, not all of them, but we have who are covered with mud out there be unallocated at that point. got 200,000 dead cattle in South Da- after this particular flooding season. I would simply make the observation, kota. In the State of North Dakota I I come from an area that in 1992 was this is May 14 or 15, if my calendar is have flown over and looked at the dam- overcome by hurricane, and had it not right. This is a month after the budget age. Those people have been decimated. been for this Congress acting and act- resolution is supposed to be finished. We have an entire community in Grand ing with dispatch, we would have still We have yet to pass all of our regular Forks, North Dakota, in East Grand had people with an aftermath, and I appropriation bills for this year. What Forks, Minnesota, that has been en- want to say to my colleagues there is we need to be able to focus on in this tirely decimated by this. They have going to be an aftermath to the flood House is the passage of all of those ap- people out there who are outside of and to the disasters. It cannot be cured May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2765 in one small sweep of our hand here on and where FEMA is going to be called Baldacci Granger Oberstar this floor. to be active. We are not going to be Barcia Green Obey Barrett (NE) Greenwood Olver So I stand to say to my colleagues let able to come up here in every instance Barrett (WI) Gutierrez Ortiz us pass this good bill. Nothing has been with another supplemental appropria- Bateman Hall (OH) Owens perfect in this Congress since the very tion bill, and I think we ought to give Becerra Hamilton Oxley Bentsen Hansen beginning, and I say to you, Mr. Chair- the benefit of the doubt to the chair- Packard Berry Harman Pallone man, that this one will not be perfect, man in this instance, and others that Bilbray Hastings (FL) Parker but the people who have been overcome have worked on it. Bilirakis Hayworth Pascrell by this disaster need us to act. Bishop Hilliard Pastor There are people in the State that I Blagojevich Hinchey What the people who are bringing in Paxon represent, in the western part of the Bliley Hinojosa Payne theory would like for us to do is to dig State, that have suffered greatly under Blumenauer Hobson Pease a big hole in the 1998–99 VA HUD appro- this particular process, and they need Boehlert Holden Pelosi Boehner Hooley Peterson (MN) priation, but they just cannot do it by to have a positive answer. I think they Bonilla Horn Peterson (PA) blinking an eye. They have got to pre- Bonior Houghton deserve a positive answer from this Pickering Bono Hoyer pare for this. House as we have responded to other Pickett Borski Hutchinson So let us not take this good bill and Pitts natural disasters across this country in Boswell Hyde get it out so that people who have been the many years I have served in this Boucher Jackson (IL) Pomeroy devastated by the flood can be helped, Boyd Jackson-Lee Portman House. Poshard just as we were helped in 1992 in south So I think that this amendment, Brown (CA) (TX) Brown (FL) Jenkins Price (NC) Florida. while well intentioned, I think offers Brown (OH) John Pryce (OH) Mr. Chairman, I appeal to the House false hope as to what the consequence Buyer Johnson (CT) Quinn to vote yes on this bill. of it will be. It will hurt, it will hurt Callahan Johnson (WI) Rahall Mr. ISTOOK. Mr. Chairman, I move Calvert Johnson, E. B. Ramstad the people that we are supposed to and Canady Kanjorski Rangel to strike the requisite number of holding ourself up to help, not really Capps Kaptur Regula words. representing. Cardin Kelly Reyes Mr. Chairman, I will not consume 5 We need our colleagues’ help in this Carson Kennedy (MA) Riggs minutes. I do think it is worth noting Chenoweth Kennedy (RI) Riley instance, and I implore them to vote Clay Kennelly Rivers to people that not only is this a matter against this amendment. Clayton Kildee Rodriguez of saying that no relief money is The CHAIRMAN. The question is on Clement Kilpatrick Roemer Clyburn Kim stricken by the Neumann amendment, the amendment offered by the gen- Rogan but because of the language adopted Cook Kind (WI) Rogers tleman from Wisconsin [Mr. NEUMANN]. Cooksey King (NY) Ros-Lehtinen previously in the Gekas amendment, as The question was taken; and the Costello Kleczka Rothman of October 1 there will be further fund- Chairman announced that the noes ap- Coyne Klink Roukema ing available for FEMA that is guaran- Cramer Knollenberg Roybal-Allard peared to have it. Crapo Kolbe teed to make sure that at that time, if Rush RECORDED VOTE Cummings Kucinich Sabo there are further disasters occurring, Cunningham LaFalce Mr. NEUMANN. Mr. Chairman, I de- Sanchez there is money available to FEMA. Danner LaHood Sanders mand a recorded vote. Davis (FL) Lampson Sandlin So advanced funding for disasters Davis (IL) Lantos that have not happened yet is not nec- A recorded vote was ordered. Sawyer The vote was taken by electronic de- Davis (VA) Latham Saxton essary because of the Gekas amend- DeFazio LaTourette Schumer ment which we already adopted that vice, and there were—ayes 115, noes 305, DeGette Lazio Scott not voting 13, as follows: Delahunt Leach Serrano guarantees funds will be available Oc- DeLauro Levin [Roll No. 135] Shaw tober 1. DeLay Lewis (CA) Sherman Mr. FOX of Pennsylvania. Mr. Chair- AYES—115 Dellums Lewis (GA) Shuster Deutsch Lewis (KY) man, I move to strike the requisite Aderholt Foley Norwood Sisisky Diaz-Balart Lipinski Archer Franks (NJ) Nussle Skaggs number of words. Dickey Livingston Armey Ganske Pappas Skeen Mr. Chairman, I will not take 5 min- Dicks LoBiondo Ballenger Goode Paul Slaughter Dingell Lofgren utes either, and the last speaker did Barr Goodling Petri Smith (NJ) Dixon Lowey Bartlett Goss Pombo Smith (TX) not, but I move for us tonight to sup- Dooley Lucas Barton Graham Porter Smith, Adam port the chairman, the gentleman from Doyle Luther Bass Gutknecht Rohrabacher Smith, Linda Dreier Maloney (CT) Louisiana [Mr. LIVINGSTON], and oppose Bereuter Hall (TX) Royce Snyder Dunn Maloney (NY) the amendment offered by the gen- Blunt Hastert Ryun Spence Edwards Markey Brady Hastings (WA) Salmon Spratt tleman from Wisconsin [Mr. NEUMANN]. Emerson Martinez Bryant Hefley Sanford The fact is that States like Penn- Engel Mascara Stabenow Bunning Herger Scarborough English Matsui Stark sylvania and States in the Far West Burr Hill Schaefer, Dan Eshoo McCarthy (MO) Stokes Burton Hilleary Schaffer, Bob have been devastated by the flooding. Etheridge McCarthy (NY) Strickland Camp Hoekstra Sensenbrenner This legislation moves that forward for Evans McCrery Stupak Campbell Hostettler Sessions Everett McDade Tanner the Federal emergencies while still Cannon Hulshof Shadegg Farr McDermott Tauscher doing right by the budget, and there- Castle Hunter Shays Fattah McGovern Tauzin Chabot Inglis Shimkus fore I would ask that we vote no on the Fazio McHale Taylor (MS) Chambliss Istook Smith (MI) amendment. Filner McHugh Thomas Christensen Johnson, Sam Snowbarger Flake McIntyre Thompson Mr. VENTO. Mr. Chairman, will the Coble Jones Solomon Foglietta McKeon Thune gentleman yield? Coburn Kasich Souder Forbes McKinney Thurman Collins Kingston Stearns Mr. FOX of Pennsylvania. I yield to Ford McNulty Tierney Combest Klug Stenholm the gentleman from Minnesota. Fowler Meek Torres Condit Largent Stump Fox Menendez Towns Mr. VENTO. Mr. Chairman, I thank Cox Linder Sununu Frank (MA) Millender- Traficant Crane Manzullo Talent the gentleman from Pennsylvania for Frelinghuysen McDonald Turner Cubin McCollum Taylor (NC) his statement. Frost Miller (CA) Velazquez Deal McInnis Thornberry Furse Minge Vento Mr. Chairman, I would just point out Doggett McIntosh Tiahrt Gallegly Mink Visclosky that these arguments that we can have Doolittle Meehan Upton Gejdenson Moakley Walsh Duncan Metcalf Watt (NC) our cake and eat it too, that one can Gekas Mollohan Wamp Ehlers Mica Watts (OK) vote in this particular instance to in Gephardt Moran (VA) Waters Ehrlich Miller (FL) Weldon (FL) Gibbons Morella Waxman fact cut out the $1.6 billion and some- Ensign Moran (KS) White Gilchrest Murtha Weldon (PA) Ewing Myrick how that FEMA is going to be funded Gillmor Nadler Weller Fawell Neumann on a forward basis, I think what is Gilman Neal Wexler being pointed out here is that there are NOES—305 Gonzalez Nethercutt Weygand going to be a series of events that Goodlatte Ney Whitfield Abercrombie Allen Baesler Gordon Northup Wicker occur this summer across this country Ackerman Bachus Baker H2766 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Wise Woolsey Young (AK) this paragraph is in addition to any other are temporarily assigned from other Depart- Wolf Wynn Young (FL) transfer authority available to the Depart- ment of Defense organizations to the Depart- NOT VOTING—13 ment of Defense: Provided further, That such ment of the Navy Financial Management/ amount is designated by Congress as an Comptroller organization on or after May 1, Andrews Manton Smith (OR) 1997: Provided, That the preceding limita- Berman Molinari Watkins emergency requirement pursuant to section Conyers Radanovich Yates 251(b)(2)(D)(i) of the Balanced Budget and tions shall also apply to funds for compensa- Hefner Schiff Emergency Deficit Control Act of 1985, as tion of military personnel or civilian em- Jefferson Skelton amended. ployees in the organization of the Deputy Chief of Naval Operations (Resources, War- OPLAN 34A/35 P.O.W. PAYMENTS b 2023 fare Requirements, and Assessments) whose Mrs. CHENOWETH and Mr. LEACH For payments to individuals under section primary function is budgeting or financial 657 of Public Law 104–201, $20,000,000, to re- changed their vote from ‘‘aye’’ to ‘‘no’’. management: Provided further, That none of main available until expended. the funds in this or any other Act for any fis- So the amendment was rejected. REVOLVING AND MANAGEMENT FUNDS cal year may be used to reprogram funds The result of the vote was announced RESERVE MOBILIZATION INCOME INSURANCE within any Navy appropriation (other than as above recorded. Military Construction and Military Family FUND Mr. LIVINGSTON. Mr. Chairman, we Housing) under the authority of Department are currently on page 35 of the bill, and For an additional amount for the Reserve of Defense Financial Management Regula- Mobilization Income Insurance Fund, tion without prior written approval from the in order to expedite the process, I ask $72,000,000, to remain available until ex- unanimous consent that the bill, Appropriations Committees of Congress. pended: Provided, That the entire amount is CHAPTER 2 through page 51, line 23, be considered designated by Congress as an emergency re- GENERAL PROVISIONS as read, printed in the RECORD, and quirement pursuant to section 251(b)(2)(D)(i) open to amendment at any point. of the Balanced Budget and Emergency Defi- (RESCISSIONS) The CHAIRMAN. Is there objection cit Control Act of 1985, as amended. SEC. 2201. Of the funds provided in the De- to the request of the gentleman from GENERAL PROVISIONS, CHAPTER 1 partment of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law Louisiana? SEC. 2101. No part of any appropriation 104–208), amounts are hereby rescinded from There was no objection. contained in this title shall remain available the following accounts in the specified The text of the remainder of the bill for obligation beyond the current fiscal year, amounts to reflect savings from revised eco- through page 51, line 23 is as follows: unless expressly so provided herein. nomic assumptions (with each such reduc- TITLE II (TRANSFER OF FUNDS) tion to be applied proportionally to each SEC. 2102. The Secretary of the Navy shall budget activity, activity group, and sub- EMERGENCY SUPPLEMENTAL activity group within each such account): APPROPRIATIONS FOR PEACEKEEPING transfer up to $23,000,000 to ‘‘Operation and Maintenance, Marine Corps’’ from the fol- ‘‘Operation and Maintenance, Army’’, CHAPTER 1 lowing accounts in the specified amounts, to $19,000,000; DEPARTMENT OF DEFENSE—MILITARY be available only for repairing damage ‘‘Operation and Maintenance, Navy’’, MILITARY PERSONNEL caused by hurricanes, flooding, and other $24,000,000; ‘‘Operation and Maintenance, Air Force’’, MILITARY PERSONNEL, ARMY natural disasters during 1996 and 1997 to real property and facilities at Marine Corps fa- $18,000,000; For an additional amount for ‘‘Military ‘‘Operation and Maintenance, Defense- cilities (including Camp Lejeune, North Personnel, Army’’, $306,800,000: Provided, Wide’’, $8,000,000; Carolina; Cherry Point, North Carolina; and That such amount is designated by Congress ‘‘Operation and Maintenance, Army Re- the Mountain Warfare Training Center, as an emergency requirement pursuant to serve’’, $1,000,000; Bridgeport, California): section 251(b)(2)(D)(i) of the Balanced Budget ‘‘Operation and Maintenance, Navy Re- ‘‘Military Personnel, Marine Corps’’, and Emergency Deficit Control Act of 1985, serve’’, $1,000,000; $4,000,000; as amended. ‘‘Operation and Maintenance, Air Force ‘‘Operation and Maintenance, Marine Reserve’’, $1,000,000; MILITARY PERSONNEL, NAVY Corps’’, $11,000,000; ‘‘Operation and Maintenance, Army Na- For an additional amount for ‘‘Military ‘‘Procurement of Ammunition, Navy and tional Guard’’, $2,000,000; Personnel, Navy’’, $7,900,000: That Provided, Marine Corps, 1996/1998’’, $4,000,000; and ‘‘Operation and Maintenance, Air National such amount is designated by Congress as an ‘‘Procurement, Marine Corps, 1996/1998’’, Guard’’, $3,000,000; emergency requirement pursuant to section $4,000,000. ‘‘Drug Interdiction and Counter-Drug Ac- 251(b)(2)(D)(i) of the Balanced Budget and SEC. 2103. In addition to the amounts ap- tivities, Defense’’, $2,000,000; Emergency Deficit Control Act of 1985, as propriated in title VI of the Department of ‘‘Environmental Restoration, Army’’, amended. Defense Appropriations Act, 1997 (as con- $250,000; MILITARY PERSONNEL, MARINE CORPS tained in section 101(b) of Public Law 104– ‘‘Environmental Restoration, Navy’’, 208), under the heading ‘‘Defense Health Pro- For an additional amount for ‘‘Military $250,000; gram’’, $21,000,000 is hereby appropriated and Personnel, Marine Corps’’, $300,000: Provided, ‘‘Environmental Restoration, Air Force’’, made available only for the provision of di- That such amount is designated by Congress $250,000; rect patient care at military treatment fa- as an emergency requirement pursuant to ‘‘Environmental Restoration, Formerly cilities. section 251(b)(2)(D)(i) of the Balanced Budget Used Defense Sites’’, $250,000; SEC. 2104. In addition to the amounts ap- and Emergency Deficit Control Act of 1985, ‘‘Former Soviet Union Threat Reduction’’, propriated in title II of the Department of as amended. $2,000,000; Defense Appropriations Act, 1997 (as con- ‘‘Defense Health Program’’, $10,000,000; MILITARY PERSONNEL, AIR FORCE tained in section 101(b) of Public Law 104– ‘‘Aircraft Procurement, Army’’, $8,000,000; For an additional amount for ‘‘Military 208), under the heading ‘‘Operation and Main- ‘‘Missile Procurement, Army’’, $2,000,000; Personnel, Air Force’’, $29,100,000: Provided, tenance, Defense-Wide’’, $10,000,000 is hereby ‘‘Procurement of Weapons and Tracked That such amount is designated by Congress appropriated and made available only for Combat Vehicles, Army’’, $5,000,000; as an emergency requirement pursuant to force protection and counter-terrorism ini- ‘‘Procurement of Ammunition, Army’’, section 251(b)(2)(D)(i) of the Balanced Budget tiatives. $1,000,000; and Emergency Deficit Control Act of 1985, SEC. 2105. Without prior and specific writ- ‘‘Other Procurement, Army’’, $15,000,000; as amended. ten approval from the Appropriations Com- ‘‘Aircraft Procurement, Navy’’, $28,000,000; OPERATION AND MAINTENANCE mittees of Congress, none of the funds appro- ‘‘Weapons Procurement, Navy’’, $6,000,000; priated in this or any other Act for any fis- OVERSEAS CONTINGENCY OPERATIONS ‘‘Shipbuilding and Conversion, Navy’’, cal year may be used to compensate military $33,000,000; TRANSFER FUND personnel or civilian employees who (1) are ‘‘Other Procurement, Navy’’, $8,000,000; (INCLUDING TRANSFER OF FUNDS) newly assigned to or newly employed by the ‘‘Aircraft Procurement, Air Force’’, For an additional amount for ‘‘Overseas Office of the Assistant Secretary of the Navy $20,000,000; Contingency Operations Transfer Fund’’, (Financial Management and Comptroller) on ‘‘Missile Procurement, Air Force’’, $1,566,300,000: Provided, That the Secretary of or after May 1, 1997, (2) occupy positions in $11,000,000; Defense may transfer these funds only to op- the Department of the Navy’s Financial ‘‘Other Procurement, Air Force’’, $7,000,000; eration and maintenance and DoD working Management/Comptroller organization on ‘‘Procurement, Defense-Wide’’, $5,000,000; capital fund accounts: Provided further, That May 1, 1997 and who are subsequently reas- ‘‘National Guard and Reserve Equipment’’, the funds transferred shall be merged with signed to another organization in the Navy $8,000,000; and shall be available for the same purposes for the purpose of compensation yet who oth- ‘‘Chemical Agents and Munitions Destruc- and for the same time period, as the appro- erwise continue to be directed by or report tion, Defense’’, $2,000,000; priation to which transferred: Provided fur- to the Department of the Navy Financial ‘‘Research, Development, Test and Evalua- ther, That the transfer authority provided in Management/Comptroller organization, or (3) tion, Army’’, $10,000,000; May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2767

‘‘Research, Development, Test and Evalua- (RESCISSIONS) FAMILY HOUSING, NAVY AND MARINE tion, Navy’’, $9,000,000; SEC. 2204. Of the funds provided in previous CORPS ‘‘Research, Development, Test and Evalua- Department of Defense Appropriations Acts, SEC. 2302. For an additional amount for tion, Air Force’’, $22,000,000; funds are hereby rescinded from the follow- ‘‘Family Housing, Navy and Marine Corps’’ ‘‘Research, Development, Test and Evalua- ing accounts in the specified amounts: to cover the incremental Operation and tion, Defense-Wide’’, $15,000,000. ‘‘Shipbuilding and Conversion, Navy, 1994/ Maintenance costs arising from hurricane 1998’’, $28,700,000; (RESCISSIONS) damage to family housing units at Marine ‘‘Aircraft Procurement, Air Force, 1995/ Corps Base Camp Lejeune, North Carolina SEC. 2202. Of the funds provided in the De- 1997’’, $14,400,000; and Marine Corps Air Station Cherry Point, partment of Defense Appropriations Act, 1997 ‘‘Missile Procurement, Air Force, 1995/ North Carolina, $6,480,000, as authorized by 10 (as contained in section 101(b) of Public Law 1997’’, $4,000,000; U.S.C. 2854. 104–208), amounts related to foreign currency ‘‘Aircraft Procurement, Army, 1996/1998’’, TITLE III are hereby rescinded from the following ac- $18,000,000; counts in the specified amounts, except as ‘‘Procurement of Weapons and Tracked GENERAL PROVISIONS—THIS ACT otherwise provided by law, to reflect savings Combat Vehicles, Army, 1996/1998’’, SEC. 3001. No part of any appropriation from revised foreign currency exchange $26,000,000; contained in this Act shall remain available rates: ‘‘Procurement of Ammunition, Army, 1996/ for obligation beyond the current fiscal year ‘‘Military Personnel, Army’’, $37,000,000; 1998’’, $34,000,000; unless expressly so provided herein. ‘‘Military Personnel, Navy’’, $9,000,000; ‘‘Other Procurement, Navy, 1996/1998’’, ASSISTANCE TO UKRAINE ‘‘Military Personnel, Air Force’’, $3,000,000; SEC. 3002. (a) The President may waive any $12,000,000; ‘‘Aircraft Procurement, Air Force, 1996/ of the earmarks contained in subsections (k) ‘‘Operation and Maintenance, Army’’, 1998’’, $52,000,000; and (l) under the heading ‘‘Assistance for the $124,000,000; ‘‘Other Procurement, Air Force, 1996/1998’’, New Independent States of the Former So- ‘‘Operation and Maintenance, Navy’’, $10,000,000; viet Union’’ contained in the Foreign Oper- $22,000,000; ‘‘Procurement of Ammunition, Air Force, ations, Export Financing, and Related Pro- ‘‘Operation and Maintenance, Air Force’’, 1996/1998’’, $21,100,000; grams Appropriations Act, 1997, as included $79,000,000; ‘‘Procurement, Defense-Wide, 1996/1998’’, in Public Law 104–208, if he determines, and ‘‘Operation and Maintenance, Defense- $34,800,000; so reports to the Committees on Appropria- Wide’’, $14,000,000; ‘‘Research, Development, Test and Evalua- tions that the Government of Ukraine— ‘‘Defense Health Program’’, $11,000,000. tion, Navy, 1996/1997’’, $4,500,000; (1) is not making significant progress to- ‘‘Research, Development, Test and Evalua- (RESCISSIONS) ward economic reform and the elimination of tion, Air Force, 1996/1997’’, $2,000,000; corruption; SEC. 2203. Of the funds provided in previous ‘‘Research, Development, Test and Evalua- (2) is not permitting American firms and Department of Defense Appropriations Acts, tion, Defense-Wide, 1996/1997’’, $71,200,000; individuals to operate in Ukraine according amounts only associated with unobligated ‘‘Developmental Test and Evaluation, De- to generally accepted business principles; or balances expected to expire at the end of the fense, 1996/1997’’, $12,200,000; (3) is not effectively assisting American current fiscal year are hereby rescinded from ‘‘Chemical Agents and Munitions Destruc- firms and individuals in their efforts to en- the following accounts in the specified tion, Defense, 1996/1998’’, $22,000,000; force commercial contracts and resist extor- amounts: ‘‘National Guard Personnel, Air Force’’, tion and other corrupt demands. ‘‘Aircraft Procurement, Army, 1995/1997’’, $7,600,000; AMENDMENT OFFERED BY MR. VENTO $1,085,000; ‘‘Operation and Maintenance, Army’’, ‘‘Missile Procurement, Army, 1995/1997’’, $17,000,000; Mr. VENTO. Mr. Chairman, I offer an $2,707,000; ‘‘Operation and Maintenance, Defense- amendment. ‘‘Procurement of Weapons and Tracked Wide’’, $10,000,000; The Clerk read as follows: Combat Vehicles, Army, 1995/1997’’, $2,296,000; ‘‘Procurement of Ammunition, Army, 1997/ Amendment offered by Mr. VENTO: ‘‘Procurement of Ammunition, Army, 1995/ 1999’’, $10,000,000; Page 51, after line 23, insert the following 1997’’, $3,236,000; ‘‘Other Procurement, Army, 1997/1999’’, new title: $6,000,000; ‘‘Other Procurement, Army, 1995/1997’’, TITLE III—ADDITIONAL DISASTER RELIEF ‘‘Aircraft Procurement, Navy, 1997/1999’’, $2,502,000; PROVISIONS ‘‘Aircraft Procurement, Navy, 1995/1997’’, $48,000,000; $34,000,000; ‘‘Aircraft Procurement, Air Force, 1997/ Subtitle A—Depository Institution Disaster ‘‘Weapons Procurement, Navy, 1995/1997’’, 1999’’, $35,000,000; Relief $16,000,000; ‘‘Missile Procurement, Air Force, 1997/ SEC. 4001. SHORT TITLE. ‘‘Procurement of Ammunition, Navy and 1999’’, $120,000,000; This subtitle may be cited as the ‘‘Deposi- Marine Corps, 1995/1997’’, $812,000; ‘‘Research, Development, Test and Evalua- tory Institutions Disaster Relief Act of ‘‘Shipbuilding and Conversion, Navy, 1993/ tion, Army, 1997/1998’’, $15,000,000; 1997’’. 1997’’, $10,000,000; ‘‘Research, Development, Test and Evalua- SEC. 4002. TRUTH IN LENDING ACT; EXPEDITED ‘‘Other Procurement, Navy, 1995/1997’’, tion, Navy, 1997/1998’’, $28,500,000; FUNDS AVAILABILITY ACT. $4,237,000; ‘‘Research, Development, Test and Evalua- (a) TRUTH IN LENDING ACT.—During the 240- ‘‘Procurement, Marine Corps, 1995/1997’’, tion, Air Force, 1997/1998’’, $237,500,000; day period beginning on the date of enact- $1,207,000; ‘‘Research, Development, Test and Evalua- ment of this Act, the Board of Governors of ‘‘Aircraft Procurement, Air Force, 1995/ tion, Defense-Wide, 1997/1998’’, $100,000,000. the Federal Reserve System may make ex- 1997’’, $33,650,000; MILITARY CONSTRUCTION ceptions to the Truth in Lending Act for ‘‘Missile Procurement, Air Force, 1995/ (RESCISSIONS) transactions within an area in which the 1997’’, $7,195,000; SEC. 2205. Of the funds appropriated in the President, pursuant to section 401 of the ‘‘Other Procurement, Air Force, 1995/1997’’, Military Construction Appropriations Act, Robert T. Stafford Disaster Relief and Emer- $3,659,000; 1996 (Public Law 104–32), amounts are hereby gency Assistance Act, has determined, on or ‘‘Procurement, Defense-Wide, 1995/1997’’, rescinded from the following accounts in the after February 28, 1997, that a major disaster $12,881,000; specified amounts: exists, or within an area determined to be el- ‘‘National Guard and Reserve Equipment, ‘‘Military Construction, Air Force Re- igible for disaster relief under other Federal 1995/1997’’, $5,029,000; serve’’, $5,000,000; law by reason of damage related to the 1997 ‘‘Chemical Agents and Munitions Destruc- ‘‘Military Construction, Defense-wide’’, flooding of the Red River of the North, the tion, Defense, 1995/1997’’, $456,000; $41,000,000; Minnesota River, and the tributaries of such ‘‘Chemical Agents and Munitions Destruc- ‘‘Base Realignment and Closure Account, rivers, if the Board determines that the ex- tion, Defense, 1996/1997’’, $652,000; Part II’’, $35,391,000; ception can reasonably be expected to allevi- ‘‘Research, Development, Test and Evalua- ‘‘Base Realignment and Closure Account, ate hardships to the public resulting from tion, Army, 1996/1997’’, $4,366,000; Part III’’, $75,638,000; and such disaster that outweigh possible adverse ‘‘Research, Development, Test and Evalua- ‘‘Base Realignment and Closure Account, effects. tion, Navy, 1996/1997’’, $14,978,000; Part IV’’, $22,971,000. (b) EXPEDITED FUNDS AVAILABILITY ACT.— ‘‘Research, Development, Test and Evalua- CHAPTER 3 During the 240-day period beginning on the tion, Air Force, 1996/1997’’, $28,396,000; date of enactment of this Act, the Board of GENERAL PROVISIONS ‘‘Research, Development, Test and Evalua- Governors of the Federal Reserve System tion, Defense-Wide, 1996/1997’’, $55,973,000; MILITARY CONSTRUCTION, NAVY may make exceptions to the Expedited ‘‘Developmental Test and Evaluation, De- (RESCISSION) Funds Availability Act for depository insti- fense, 1996/1997’’, $890,000; SEC. 2301. Of the funds appropriated for tution offices located within any area re- ‘‘Operational Test and Evaluation, De- ‘‘Military Construction, Navy’’ under Public ferred to in subsection (a) of this section if fense, 1996/1997’’, $160,000. Law 103–307, $6,480,000 is hereby rescinded. the Board determines that the exception can H2768 CONGRESSIONAL RECORD — HOUSE May 15, 1997 reasonably be expected to alleviate hard- or other regulated entities whose principal and upon such other terms as the Secretary ships to the public resulting from such disas- place of business is within, or with respect to may specify— ter that outweigh possible adverse effects. transactions or activities within, an area in (1) in applying section 122 of the Housing (c) TIME LIMIT ON EXCEPTIONS.—Any excep- which the President, pursuant to section 401 and Community Development Act of 1974, tion made under this section shall expire not of the Robert T. Stafford Disaster Relief and waive (in whole or in part) the requirements later than September 1, 1998. Emergency Assistance Act, has determined, that activities benefit persons of low- and (d) PUBLICATION REQUIRED.—The Board of on or after February 28, 1997, that a major moderate-income; and Governors of the Federal Reserve System disaster exists, or within an area determined (2) in applying section 290 of the HOME In- shall publish in the Federal Register a state- to be eligible for disaster relief under other vestment Partnerships Act, waive (in whole ment that— Federal law by reason of damage related to or in part) the requirements that housing (1) describes any exception made under this the 1997 flooding of the Red River of the qualify as affordable housing. section; and North, the Minnesota River, and the tribu- Mr. VENTO (during the reading). Mr. (2) explains how the exception can reason- taries of such rivers, if the agency deter- ably be expected to produce benefits to the mines that the action would facilitate recov- Chairman, I ask unanimous consent public that outweigh possible adverse ef- ery from the major disaster: that the amendment be considered as fects. (1) PROCEDURE.—Exercising the agency’s read. SEC. 4003. DEPOSIT OF INSURANCE PROCEEDS. authority under provisions of law other than The CHAIRMAN. Is there objection (a) IN GENERAL.—The appropriate Federal this section without complying with— to the request of the gentleman from banking agency may, by order, permit an in- (A) any requirement of section 553 of title Minnesota? sured depository institution to subtract from 5, United States Code; or There was no objection. (B) any provision of law that requires no- the institution’s total assets, in calculating Mr. VENTO. Mr. Chairman, this is an compliance with the leverage limit pre- tice or opportunity for hearing or sets maxi- scribed under section 38 of the Federal De- mum or minimum time limits with respect amendment that I have worked out posit Insurance Act, an amount not exceed- to agency action. with the acceptance of the majority ing the qualifying amount attributable to in- (2) PUBLICATION REQUIREMENTS.—Making and the minority. It provides regu- surance proceeds, if the agency determines exceptions, with respect to institutions or latory relief for banking activities in that— other entities for which the agency is the the Minnesota and Dakota area where (1) the institution— primary Federal regulator, to— we have been hit by the floods and (A) had its principal place of business with- (A) any publication requirement with re- spect to establishing branches or other de- some relief in terms of the use of CDBG in an area in which the President, pursuant and home funds. It is a noncontrover- to section 401 of the Robert T. Stafford Dis- posit-taking facilities; or aster Relief and Emergency Assistance Act, (B) any similar publication requirement. sial amendment. There are similar pro- has determined, on or after February 28, 1997, (b) PUBLICATION REQUIRED.—A qualifying visions like it in the Senate, and I ap- that a major disaster exists, or within an regulatory agency shall publish in the Fed- preciate the support of the manager of area determined to be eligible for disaster re- eral Register a statement that— the bill and the ranking member. lief under other Federal law by reason of (1) describes any action taken under this Mr. Chairman, I have an unfiled amendment section; and damage related to the 1997 flooding of the at the desk. Red River of the North, the Minnesota River, (2) explains the need for the action. and the tributaries of such rivers, on the day (c) QUALIFYING REGULATORY AGENCY DE- This Vento amendment is basically legisla- before the date of any such determination; FINED.—For purposes of this section, the tion I have introduced, H.R. 1461, the Deposi- (B) derives more than 60 percent of its term ‘‘qualifying regulatory agency’’ tory institutions Disaster Relief Act [DIDRA] of total deposits from persons who normally re- means— 1997. The bill is modeled on a DIDRA enacted side within, or whose principal place of busi- (1) the Board of Governors of the Federal into law in 1993. I introduced H.R. 1461 on Reserve System; ness is normally within, areas of intense dev- April 24 and it is supported by the delegations astation caused by the major disaster; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Su- of the affected Midwestern States and key (C) was adequately capitalized (as defined Members of the Banking Committee. I have in section 38 of the Federal Deposit Insur- pervision; ance Act) before the major disaster; and (4) the Federal Deposit Insurance Corpora- been working with the Chairman of the Bank- (D) has an acceptable plan for managing tion; ing Committee to attempt to pass this non- the increase in its total assets and total de- (5) the Financial Institutions Examination controversial legislation on the Suspension posits; and Council; Calendar. These attempts to move the bill on (2) the subtraction is consistent with the (6) the National Credit Union Administra- the Suspension Calendar have been stalled by tion; and purpose of section 38 of the Federal Deposit the supplemental appropriations bill because Insurance Act. (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the the version of this legislation in the other body (b) TIME LIMIT ON EXCEPTIONS.—Any excep- contains similar DIDRA provisions. tion made under this section shall expire not Treasury. later than February 28, 1999. (d) EXPIRATION.—Any exception made As an amendment to the supplemental or as under this section shall expire not later than (c) DEFINITIONS.—For purposes of this sec- a separate bill, this legislation will help make tion: February 28, 1998. credit available faster to those in need in the (1) APPROPRIATE FEDERAL BANKING AGEN- SEC. 4005. SENSE OF THE CONGRESS. disaster areas, especially those in Minnesota, It is the sense of the Congress that the CY.—The term ‘‘appropriate Federal banking South Dakota, and North Dakota, and will re- agency’’ has the same meaning as in section Board of Governors of the Federal Reserve System, the Comptroller of the Currency, duce some of the administrative burdens 3 of the Federal Deposit Insurance Act. faced by banks in reacting to this crisis. (2) INSURED DEPOSITORY INSTITUTION.—The the Director of the Office of Thrift Super- term ‘‘insured depository institution’’ has vision, the Federal Deposit Insurance Cor- Specifically, the amendment gives time-lim- the same meaning as in section 3 of the Fed- poration, and the National Credit Union Ad- ited authority to the Federal Reserve Board to eral Deposit Insurance Act. ministration should encourage depository in- make exceptions to the Truth in Lending Act (3) LEVERAGE LIMIT.—The term ‘‘leverage stitutions to meet the financial services [TILA] and the Expedited Funds Availability limit’’ has the same meaning as in section 38 needs of their communities and customers Act [EFAA] for disaster areas declared so after located in areas affected by the 1997 flooding of the Federal Deposit Insurance Act. February 28, 1997, when the board makes the (4) QUALIFYING AMOUNT ATTRIBUTABLE TO of the Red River of the North, the Minnesota River, and the tributaries of such rivers. determination that such an exception will alle- INSURANCE PROCEEDS.—The term ‘‘qualifying viate hardships to the degree that it outweighs amount attributable to insurance proceeds’’ SEC. 4006. OTHER AUTHORITY NOT AFFECTED. means the amount (if any) by which the in- No provision of this Act shall be construed possible adverse effects. This will have the ef- stitution’s total assets exceed the institu- as limiting the authority of any department fect of expediting the availability of loan funds tion’s average total assets during the cal- or agency under any other provision of law. to the community and will provide flexibility to endar quarter ending before the date of any Subtitle B—HUD Disaster Waver Provision grant exceptions from the availability of funds determination referred to in subsection SEC. 4011. DISASTER WAIVER AUTHORITY. schedules. (a)(1)(A), because of the deposit of insurance To address the damage resulting from the This amendment authorizes the Federal payments or governmental assistance made consequences of the natural disasters occur- banking agencies to subtract insurance pro- with respect to damage caused by, or other ring in the winter of 1996 and 1997 and the ceeds from qualified institutions total assets. costs resulting from, the major disaster. spring of 1997 (including severe weather in This will have the effect of not limiting institu- SEC. 4004. BANKING AGENCY PUBLICATION RE- the Western United States, damaging torna- QUIREMENTS. does, and the March 1997 flooding in the Mid- tions to regulatory capital rules when they re- (a) IN GENERAL.—A qualifying regulatory west), upon the request of a recipient of as- ceive large amounts of insurance proceeds agency may take any of the following ac- sistance the Secretary of Housing and Urban which they subsequently disburse to help re- tions with respect to depository institutions Development may, on a case-by-case basis build local communities faced by the disasters. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2769 This will allow the regulators to relieve institu- Mr. ADERHOLT. Mr. Chairman, I total snow accumulation of 367 inches, tions of the restrictive capital rules in a man- move to strike the last word. or 31 feet. Records that were set last ner consistent with safety and soundness Mr. Chairman, I wish to engage in a year were broken only this winter. through February 28, 1999. colloquy with the gentleman from Cali- Even this past Monday parts of my dis- Further this amendment authorizes banking fornia [Mr. LEWIS]. trict received over 14 inches of snow, regulators to expedite regulatory actions which Mr. LEWIS of California. Mr. Chair- resulting in school closings and further otherwise would be delayed by Federal notice, man, if the gentleman would yield, I financial strain on communities. comment and hearing requirements for depos- am happy to. My northern Michigan communities itory institutions or other regulated entities Mr. ADERHOLT. Mr. Chairman, were unable to deal with this onslaught whose principal place of business is within a given that both the House and the Sen- of continuous snow. Yet, it is abso- disaster area if the agency determines the ac- ate have provided funds to the Federal lutely necessary for the road commis- tion would facilitate recovery from the major Emergency Management Agency and sions to keep roads open to ensure that disaster. This authority would extend through the community development block emergency vehicles can pass. The fi- February 28, 1998. grant to help affected communities re- nancial havoc these storms wreaked on My amendment includes a sense of Con- build natural disasters, I ask the Chair- the people and local governments of gress that the financial institution regulators man’s commitment to work in con- my district will be felt long after the should encourage depository institutions to ference on an issue regarding a commu- next set of winter storms arrive. The meet the financial services needs of their com- nity in my district that was recently storms caused snow and flooding dam- munities and customers located in areas af- struck by natural disaster. age to roads and structures, curtailed fected by the 1997 flooding of the Red River On April 22, the town of Rainsville, agricultural planting, delayed home of the north, the Minnesota River and their Alabama, in my district was severely building and tourism, and induced tributaries. damaged by a tornado. The town’s fire other personal and financial effects. At the suggestion of the gentleman from department, police department and The true impact of these past two win- New York [Mr. LAZIO], I included additional municipal buildings, as well as numer- ter storms will be felt for years to waiver authority for current funds administered ous homes and businesses were de- come. by the Department of Housing and Urban De- stroyed. Fortunately, there was no loss It is my understanding that the Fed- velopment for the HOME and CBBG pro- of life. However, the town of Rainsville eral Government already has provi- grams. This language will apply a waiver of only has a population of 3,800 and there sions in place that would help commu- low- to moderate-income benefit requirements are very limited local resources to help nities that have been devastated by under CDBG and would apply a waiver of the rebuild the municipal infrastructure. these natural disasters. As a result of requirement that housing qualifies as afford- Although the State of Alabama has this past January’s storms, North Da- able housing for HOME funds. These waivers provided resources to rebuild the city, kota, South Dakota, and Minnesota would apply to regular, as in not supplemental, there is a small shortfall needed to re- will receive Federal aid this year for snow removal assistance. In each State funds available to the recipients that they construct the city hall building. I am the Governor of that State issued a chose to use to alleviate the effects of the dis- asking that the gentleman consider al- major disaster declaration. aster. locating funds to be administered by I would just like to clarify with the Mr. Chairman, I am seeking to move this the Alabama Department of Economic gentleman that under present law a legislation via the most expeditious route or and Community Affairs to assist declaration must be made by the Gov- routes. At this time, the supplemental appro- Rainsville in rebuilding the city hall. I ernor of that State within 30 days of priations bill seems to be the appropriate ave- would hope that the gentleman would the event, followed by a declaration by nue. Because the bill with which we will con- consider this urgent request as H.R. the President, in order for local com- ference on the supplemental has slightly more 1469 moves to conference committee munities to receive Federal aid, and if restrictive DIDRA provisions, I ask for my col- with the Senate. such declaration was made, the af- leagues support in adding this legislation to Mr. LEWIS of California. Mr. Chair- fected communities would be eligible the supplemental to represent a strong House man, will the gentleman yield? for aid under this bill, as in my case, position on these needed exemptions. Mid- Mr. ADERHOLT. I yield to the gen- where communities have been finan- western flood victims, other disaster victims tleman from California. cially devastated by the costs of emer- and financial institutions struggling to bring es- Mr. LEWIS of California. Mr. Chair- gency snow removal. sential credit and normalcy to the communities man, I appreciate the gentleman from Mr. LEWIS of California. Mr. Chair- need this strong waiver authority as soon as Alabama bringing this important mat- man, will the gentleman yield? possible. Support the Vento amendment to ter to my attention. We certainly will Mr. STUPAK. I yield to the gen- provide additional disaster relief through finan- be working with the gentleman as we tleman from California. cial institutions and through CDBG and HOME go towards final passage of the bill. We Mr. LEWIS of California. Mr. Chair- waivers. will do everything we can to work with man, the gentleman from Michigan is Mr. LEWIS of California. Mr. Chair- the gentleman, and I appreciate his at- correct, a disaster declaration by the man, will the gentleman yield? tention. Governor must be made first. Mr. VENTO. I yield to the gentleman Mr. ADERHOLT. Mr. Chairman, I Mr. STUPAK. Mr. Chairman, re- from California. thank the gentleman. claiming my time, to clarify further, Mr. LEWIS of California. Mr. Chair- The CHAIRMAN. Are there addi- we would have to change current law in man, we have seen the amendment, we tional amendments? order for these communities to receive agree with the amendment and accept b 2030 Federal assistance without a declara- it. tion from the Governor. But due to Mr. LIVINGSTON. Mr. Chairman, if Mr. STUPAK. Mr. Chairman, I move House rules, such an amendment would the gentleman will yield further, the to strike the last word. not be in order on this bill. majority has no objection to the gen- Mr. Chairman, I would like to engage Mr. LEWIS of California. Mr. Chair- tleman’s amendment. the chairman, the gentleman from man, if the gentleman will continue to Mr. VENTO. Mr. Chairman, I appre- California [Mr. LEWIS] in a colloquy yield, again, the gentleman from ciate the support of the Chairman of about the availability of emergency Michigan is correct. Without a disaster the Committee on Appropriations [Mr. funds for communities that have been assistance declaration from the Gov- LIVINGSTON], and the gentleman from devastated by catastrophic snow- ernor, followed by a similar declara- Iowa [Mr. LEACH] and others that have storms. tion from the President, Michigan or worked with us on this, and cosponsors, As I am sure the gentleman is aware, any other State cannot access funds and the gentlewoman from New Jersey the past two winters brought record- under this supplemental appropriations [Mrs. ROUKEMA]. breaking snowfalls across the United bill. The CHAIRMAN. The question is on States. In my district, which includes Mr. STUPAK. Mr. Chairman, I thank the amendment offered by the gen- the Upper Peninsula and the upper sec- the gentleman from California. tleman from Minnesota [Mr. VENTO]. tion of the Lower Peninsula of Michi- Mr. Chairman, the Stafford Act re- The amendment was agreed to. gan, there were areas that received a quires that a major disaster request H2770 CONGRESSIONAL RECORD — HOUSE May 15, 1997 must be based on a situation of such scission for the THAAD program, a ture years to restore funds, if nec- severity and magnitude that effective centerpiece for our theater missile de- essary, to keep the program on track. response is ‘‘beyond the capabilities of fense effort that enjoys broad biparti- I am, however, concerned that the State and local governments and sup- san support in this body. It is my un- committee’s actions may be inter- plemental Federal assistance is re- derstanding that this rescission only preted outside Congress as a sign that quired.’’ affects a portion of fiscal year 1996 pro- support for the program is waning, or What about those situations where it gram funds which could not be obli- that we are no longer supporting an ag- is beyond the capabilities of local gov- gated before they expire on September gressive schedule. I say that because I ernments, but the State refuses to act? 30 of this year due to an in-depth pro- am told the administration may pro- I would hope that politics do not be- gram review. pose reducing THAAD over future year come a factor when our citizens cry out I also understand that the committee defense plans by as much as $2 billion. for help, but unfortunately, that seems supports efforts to resume testing as Such a move would kill the program, to be the case sometimes. soon as feasible after completion of the and is unacceptable. Mr. Chairman, currently our system review, and that there are adequate Mr. YOUNG of Florida. If the gen- of Federal assistance is like a chain, program funds remaining to accom- tleman will continue to yield, Mr. with each link dependent upon the plish that goal in 1997. Chairman, as I stated earlier, the com- other. When a disaster strikes, our citi- Mr. YOUNG of Florida. Mr. Chair- mittee only approved this rescission zens desperately cling to the bottom of man, will the gentleman yield? after it was determined there would be this chain, or lifeline, if you will, while Mr. WELDON of Pennsylvania. I no impact on planned fiscal year 1997 waiting for help from above. If one link yield to the gentleman from Florida. testing efforts. The committee did not in the chain fails, however, our citi- Mr. YOUNG of Florida. Mr. Chair- and would not approve any action zens’ needs fall by the wayside. man, I would respond that the sub- which would delay program develop- I do not believe that the well-being of committee made every effort to offset ment. our citizens should rest solely with a all of the defense supplementals for the In the early stages of the THAAD chain that could contain a faulty link. Bosnian deployment from funds from program success was all over the place, I believe there needs to be a safety line, the Department of Defense. We did that but recent tests have been not quite as one that you hope will never have to be successfully. We were extremely care- successful, so the review is necessary. used, but that exists should the current ful to look at programs where the fund- But this rescission should have no im- system fail to ensure that we do not ing would have expired because the pact on the ability to deploy a user drop our citizens that are desperately programs had been delayed. operational evaluation system by 1999. seeking help. I would say to the gentleman that he We are committed to getting this sys- In an attempt to exhaust every possi- is absolutely correct. Missile defense tem and other critical theater missile bility to help my citizens, I offered an systems to protect our troops is one of defense systems into the field to pro- amendment before the Committee on our highest priorities. THAAD remains tect our troops at the earliest possible Rules that sought to address this mat- one of the highest priorities in the mis- date. ter. However, it was not made in order. sile defense program. We are commit- Mr. WELDON of Pennsylvania. Re- I realize that this bill is not a proper ted to providing adequate funds to keep claiming my time, Mr. Chairman, I vehicle for this legislation. Therefore, I the program on track. thank the gentleman for that clarifica- hope to work with the committee to Our recommendation to rescind a tion. I thank the committee and the address this situation in a more appro- portion of 1996 funds was strictly one of full committee chairman. priate manner in the future. timing. Due to the ongoing program re- The CHAIRMAN. Are there further Mr. LEWIS of California. Mr. Chair- view and resulting schedule changes, amendments? man, if the gentleman will continue to all of the fiscal year 1996 funds could AMENDMENT NO. 21 OFFERED BY MR. HOYER yield, I believe the gentleman under- not have been executed by September Mr. HOYER. Mr. Chairman, I offer stands that the committee makes 30, the date when they would expire. amendment No. 21. The name of the every effort to work with Members of However, there are still sufficient 1996 gentlewoman from the District of Co- funds remaining, as well as fiscal year the body who have problems of this lumbia [Ms. NORTON] is on it. kind. 1997 funds, to carry the program for- The CHAIRMAN. The Clerk will des- There must be interaction between ward. The department assures us that ignate the amendment. the States that are involved with the there are adequate funds to resume The text of the amendment is as fol- committee, but, indeed, I agree with testing later this year upon completion lows: the gentleman from Michigan’s con- of the review. Amendment No. 21 offered by Mr. HOYER: cerns. I appreciate his leadership on be- Mr. WELDON of Pennsylvania. Re- Page 51, after line 23, insert the following: half of his constituents, and I look for- claiming my time, Mr. Chairman, I ap- SEC. 3003. (a) Chapter 63 of title 5, United ward to working with him in the future preciate the chairman’s assurances States Code, is amended by adding after sub- in this matter. There must be, how- that this rescission will not hamper chapter V the following: ever, cooperation that is more than the fiscal year 1997 THAAD effort, and ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN just a one-way street. of the committee’s continued commit- DISASTERS AND EMERGENCIES Mr. STUPAK. Mr. Chairman, re- ment to the program. As chairman of ‘‘§ 6391. Authority for leave transfer program claiming my time, again, I thank my the Subcommittee on Military Re- in disasters and emergencies distinguished colleague from California search and Development, I will work ‘‘(a) For the purpose of this section— for his leadership. with the gentleman to ensure there are ‘‘(1) ‘employee’ means an employee as de- Mr. WELDON of Pennsylvania. Mr. no program setbacks after 1997 due to fined in section 6331(a); and Chairman, I move to strike the last inadequate funding. ‘‘(2) ‘agency’ means an Executive agency word. It has been 6 years, Mr. Chairman, ‘‘(b) In the event of a major disaster or since we lost 28 service members to a emergency, as declared by the President, Mr. Chairman, I would like to engage that results in severe adverse effects for a the chairman of the Subcommittee on Scud attack in Dhahran, and there is substantial number of employees, the Presi- National Security in a colloquy. still no system in place to prevent a dent may direct the Office of Personnel Man- Mr. Chairman, I would ask the chair- similar attack in theater. It is abso- agement to establish an emergency leave man of the subcommittee, in order to lutely essential that we provide the transfer program under which any employee pay for the many unforeseen costs in funding to get this system in the field in any agency may donate unused annual this bill while meeting our fiscal re- for our troops at the earliest possible leave for transfer to employees of the same sponsibilities, the committee was date, especially with North Korea’s de- or other agencies who are adversely affected forced to offset funding with cor- ployment of the No Dong missile. I am by such disaster or emergency. ‘‘(c) The Office shall establish appropriate responding cuts in programs through- confident that nothing we are doing in requirements for the operation of the emer- out the Government. this bill will prevent us from moving gency leave transfer program under sub- In the case of the Department of De- forward at this time. We will have op- section (b), including appropriate limitations fense, that resulted in a $40 million re- portunities in fiscal year 1998 and in fu- on the donation and use of annual leave May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2771 under the program. An employee may re- Management to set up a special leave trans- I have in my hand a GAO report ceive and use leave under the program with- fer program to assist Federal employees ad- dated December 19, 1996, from which I out regard to any requirement that any an- versely affected by a major disaster or emer- wish to quote. This report said as fol- nual leave and sick leave to a leave recipi- gency. It would allow individual employees lows: ‘‘Air Force Materiel Command ent’s credit must be exhausted before any and agency leave banks to donate leave transferred annual leave may be used. which could be reallocated to those in need analyzed potential savings from work- ‘‘(d) A leave bank established under sub- within the same or other agencies. load consolidation, including how in- chapter IV may, to the extent provided in 2. This amendment is noncontroversial. It creasing the efficiency of underused regulations prescribed by the Office, donate is based upon a proposal sent to the Congress military depots would lower fixed over- annual leave to the emergency leave transfer by OPM on behalf of the Clinton Administra- head rates. This analysis showed that program established under subsection (b). tion. Its provisions are identical to legisla- annual savings of $367 million can be ‘‘(e) Except to the extent that the Office tion introduced in 1995 by Senate Appropria- achieved through consolidation of tions Chairman Ted Stevens which passed may prescribe by regulation, nothing in sec- workloads and remaining DOD depots. tion 7351 shall apply to any solicitation, do- both the Senate and the House during the nation, or acceptance of leave under this sec- 104th Congress. Senator Stevens’ bill was not Further, an additional $322 million can tion. enacted because unrelated legislation (Rep. also be saved by relocating workload to ‘‘(f) The Office shall prescribe regulations Mica’s veterans preference bill) was attached depots that already have lower hourly necessary for the administration of this sec- to it on the House floor and the Senate failed rates.’’ tion.’’. to take up the amended bill before adjourn- Instead of following the directives of (b) The analysis for chapter 63 of title 5, ment. the BRAC commission, the President United States Code, is amended by adding at 3. The Congressional Budget Office pre- moved to privatize these depots in the end the following: pared an estimate of this legislation prior to its consideration by the House last Septem- place, thereby, simply stated, wasting ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN taxpayers’ money. DISASTERS AND EMERGENCIES ber. CBO determined that it would not affect direct spending or receipts and would other- There are things that we should and ‘‘6391. Authority for leave transfer program wise have no significant budgetary impact. could do to encourage public-private in disasters and emergencies.’’. Mr. Chairman, I ask unanimous consent that partnerships in order to increase effi- Mr. HOYER. Mr. Chairman, this CBO’s letter be made a part of this hearing ciency of our maintenance structure, amendment is an amendment that has record. but privatization for the sake of poli- passed the House, has passed the Sen- 4. Civil Service Subcommittee Chairman tics is not the answer. In the next sev- John Mica supports this legislation and is ate. I believe there is agreement on eral days the Secretary of Defense will both sides of the aisle, and it deals for it being attached to the Supplemental Appropriations bill. be putting out the Quadrennial Defense with emergency leave for Federal em- Mr. LIVINGSTON. Mr. Chairman, Review. He will recommend further ployees adversely affected by a disaster will the gentleman yield? base closings and reforms in our main- such as we are dealing with in this bill, Mr. HOYER. I yield to the gentleman tenance system in an effort to fund and any time that the President de- from Louisiana. badly-needed modernization. Mean- clares a disaster. Mr. LIVINGSTON. I thank the gen- while, past savings from these initia- Mr. Chairman, on behalf of Ms. NORTON, I tleman for yielding, Mr. Chairman. tives are unknown in many cases, and am pleased to offer an amendment to set up Mr. Chairman, the majority has re- in many cases, overstated. a leave bank for Federal employees affected viewed the amendment. We think it is Mr. Chairman, we simply cannot pro- by the recent flood disasters in the Midwest. in the interests of good government. ceed with further base closings until This amendment would allow the Office of We would accept it, and certainly we the BRACC process of 1995 is com- Personnel Management to establish a leave have no objection. pleted. We must not further waste tax- transfer program whenever the President de- Mr. HOYER. Mr. Chairman, it is my payer money by continuing these bases clares a major disaster or emergency. understanding that the ranking Mem- to remain open. No one can question the need to help the ber also agrees with the Norton amend- Mr. LIVINGSTON. Mr. Chairman, men and women who are affected by these ment, is that correct? will the gentleman yield? disasters. Mr. OBEY. Mr. Chairman, will the Mr. CHAMBLISS. I yield to the gen- They may have injuries or illnesses that re- gentleman yield? tleman from Louisiana. quire extensive recovery periods. Mr. HOYER. I yield to the gentleman Mr. LIVINGSTON. Mr. Chairman, I Or they may simply need additional annual from Wisconsin. appreciate the gentleman yielding to leave to rebuild their home, help neighbors re- Mr. OBEY. Mr. Chairman, if it is Nor- me. I certainly support his statement. plant crops, or stay with children while dam- ton, I am for it. I might ask, does the gentleman in- aged schools are repaired. Mr. HOYER. Mr. Chairman, I move tend to withdraw his amendment? It makes sense to let other Federal employ- the adoption of the amendment. Mr. CHAMBLISS. Mr. Chairman, I do ees help those who are in need. There would The CHAIRMAN. The question is on intend to withdraw my amendment. be no cost to the Government under the amendment offered by the gentleman b 2045 amendment. from Maryland [Mr. HOYER]. Federal employees are generous people. The amendment was agreed to. AMENDMENT OFFERED BY MR. SAM JOHNSON OF They contribute millions each year to the Mr. CHAMBLISS. Mr. Chairman, I TEXAS Combined Federal Campaign. In fact, since move to strike the last word. Mr. SAM JOHNSON of Texas. Mr. 1964 CFC has collected almost $3 billion in Mr. Chairman, it was my original in- Chairman, I offer an amendment. voluntary contributions for a wide range of tention to offer an amendment tonight The Clerk read as follows: charities. that would rescind $689 million from Amendment offered by Mr. SAM JOHNSON of They volunteer in their communitiesÐsuch Air Force procurement accounts and Texas: Page 51, after line 23, insert the following: as Treasury's program to help provide men- direct that these savings go to debt re- tors for the D.C. public schools. tirement. This figure represents the APPROVAL OF CERTAIN PLANS FOR INTEGRATED ENROLLMENT SERVICES And it might surprise a few of my colleagues amount of money that currently is being wasted by the United States Air SEC. 3003. (a) Notwithstanding any other who love to denigrate Federal workers, that provision of law, any State plan (including many actually give back annual leave at the Force, according to its own reporting, any subsequent technical, clerical, and clari- end of each yearÐvoluntarily working days by not implementing the dictates of fying corrections submitted by the State) re- they don't have to because of their dedication the 1995 BRAC commission. During the lating to the integration of eligibility deter- to their jobs. BRACC process in 1995, the five Air minations and enrollment procedures for It makes sense to allow such employees to Force depots were thoroughly reviewed Federally-funded public health and human share that leave with others who need it. by the BRAC commission. The BRAC services programs administered by the De- This leave bank is a great idea and I urge commission directed that two of those partment of Health and Human Services and depots, namely Kelly Air Force Base in the Department of Agriculture through the adoption of the amendment. use of automated data processing equipment TALKING POINTS ON NORTON AMENDMENT TO Texas, McClellan Air Force Base in or services which was submitted by a State THE SUPPLEMENTAL APPROPRIATIONS BILL California, be closed because they were to the Secretary of Health and Human Serv- 1. This amendment would simply allow the creating an inefficiency problem with- ices and to the Secretary of Agriculture President to direct the Office of Personnel in the five Air Force depots. prior to October 18, 1996, and which provides H2772 CONGRESSIONAL RECORD — HOUSE May 15, 1997 for a request for offers described in sub- Mr. STENHOLM. Mr. Chairman, I grated enrollment system. The Texas section (b), is deemed approved and is eligi- thank the gentleman for yielding to Legislature determined that a private ble for Federal financial participation in ac- me. contractor, working in partnership cordance with the provisions of law applica- I rise in support of the amendment with a public agency, might be able to ble to the procurement, development, and operation of such equipment or services. and would say one of the key features make the transition to an integrated (b) A request for offers described in this of the welfare reform legislation that process more efficiently than the cur- subsection is a public solicitation for propos- we passed last year was the principle rent structure and achieve savings that als to integrate the eligibility determination that States should be allowed to try in- could be used to assist needy individ- functions for various Federally and State novative approaches to improve the uals more directly. funded programs within a State that utilize welfare system. I would like to take I don’t know if that assumption is financial and categorical eligibility criteria this opportunity to encourage the ad- correct. Some of my colleagues have through the development and operation of ministration to approve the waiver al- automated data processing systems and serv- raised valid concerns about the impact ices. lowing Texas to explore the possibility that privatization could have on the of contracting out part of the welfare welfare system. But we are not debat- Mr. SAM JOHNSON of Texas (during eligibility system. the reading). Mr. Chairman, I ask ing whether or not privatization is a The Texas integrated enrollment sys- good idea. All we are debating—or at unanimous consent that the amend- tem would allow private vendors to ment be considered as read and printed least all we should be debating—is compete with a public agency for a whether Texas should be allowed to ex- in the RECORD. contract to develop and operate an in- plore the options of allowing private The CHAIRMAN. Is there objection tegrated enrollment system. The Texas to the request of the gentleman from contractors to administer a part of the legislature determined that a private welfare system. It is not possible for Texas? contractor working in partnership with There was no objection. anyone to know what impact privatiza- the public agency might be able to tion will have until the bids are sub- Mr. LIVINGSTON. Mr. Chairman, I make the transition to an integrated reserve a point of order on the gentle- mitted. I would say to those who op- process more efficiently than the cur- pose privatization as well as those who man’s amendment. rent structure and achieve savings that The CHAIRMAN. The gentleman re- support privatization: Let’s wait and could be used to assist needy individ- see what proposals are made for privat- serves a point of order against the uals more directly. amendment. ization before we jump to a conclusion I do not know if that assumption is either way. Mr. SAM JOHNSON of Texas. Mr. correct or not. Some of my colleagues Chairman, this amendment simply Injecting some competition into this have raised valid concerns about the process may produce a welfare system tries to rectify an injustice against the impact that privatization would have State of Texas, who has been trying to that is better for welfare recipients and on the welfare system. But we are not taxpayers. I would hope that those who resolve a welfare problem for some debating whether or not privatization time and getting no response out of the oppose privatization will put their en- is a good idea. All we are debating or at ergy into improving the current sys- administration. least all we should be debating is Texas, Florida, Arizona, Wisconsin tem instead of trying to prevent any whether Texas should be allowed to ex- competition. have all worked to meet the challenge plore the options of allowing private Approving the Texas waiver request that Congress and the President issued contractors to administer a part of the does not necessarily mean that Texas in last year’s welfare bill to design in- welfare system. novative welfare systems. Specifically, It is not possible for anyone to know will privatize any part of the welfare Texas has designed a system that ac- what impact privatization will have system. The Federal Government still complishes two important things: until the bids are submitted. I would must approve any contract with a pri- First, it consolidates 21 existing pro- say to those who oppose privatization vate company before any privatization grams into one, making it much sim- as well as those who support it, let us can become final. We should wait until pler for welfare recipients to receive wait and see what proposals are made we see the proposals from private com- and collect benefits. for privatization before we jump to a panies before we decide whether or not Second, it saves the taxpayers $10 conclusion either way. privatization makes sense. We can’t million a month or about $120 million a I regret this issue has become so po- honestly debate the merits of privat- year. Those savings, put back into the liticized. I would urge all parties in- ization until we know the facts about welfare system, could provide health volved to cool our rhetoric and try to what privatization will mean. coverage for an additional 150,000 chil- work together to find a way to allow If the bids by private contractors dren a year. But it has been 10 months Texas to explore this option while pro- don’t adequately address the concerns since Texas submitted its proposal, and viding safeguards against the concerns that have been raised about the impact to this day they still have not received we all share. that privatization will have on individ- a satisfactory answer from the Federal I know Governor Bush and Commis- uals applying for assistance and on the Government. sioner McKinney are committed to current employees, or if the public sec- The administration will not approve finding a constructive solution and be- tor can demonstrate that they can ad- the proposal because of pressure from lieve that the administration is willing minister welfare programs more effi- the unions, and they will not deny the to work with them as well. I hope they ciently and effectively than any of the proposal because it would contradict will continue their dialogue to find a private contractors, I will be the first everything that this administration, solution that will allow Texas to move to argue that we shouldn’t go forward the President, has said about ending forward with this proposal. with privatization. welfare as we know it. So the result is One of the key features of the welfare I regret that this issue has become so that the citizens of Texas and every reform legislation that we passed last politicized. I would urge all parties in- other State needlessly suffer. year was the principle that States volved to cool our rhetoric and try to This amendment is necessary because should be allowed to try innovative ap- work together to find a way to allow we do not want any other State to have proaches to improve the welfare sys- Texas to explore this option while pro- to battle and fight like Texas has for tem. I would like to take this oppor- viding safeguards against the concerns the ability to do what is best for its tunity to encourage the administration we all share. I know Governor Bush and citizens. to approve the waiver allowing Texas Commissioner McKinney are commit- Mr. Chairman, Texas and the rest of to explore the possibility of contract- ted to finding a constructive solution, the Nation’s Governors deserve an an- ing out part of the welfare eligibility and believe that the administration is swer from the administration. system. willing to work with them as well. I Mr. STENHOLM. Mr. Chairman, will The Texas integrated enrollment sys- hope that they will continue their dia- the gentleman yield? tem would allow private vendors to log to find a solution that will allow Mr. SAM JOHNSON of Texas. I yield compete with public agencies for a con- Texas to move forward with this pro- to the gentleman from Texas. tract to develop and operate an inte- posal. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2773 Mr. SAM JOHNSON of Texas. Mr. Mr. LIVINGSTON. The gentleman With the efforts being made to bal- Chairman, this issue is of great impor- from Texas offered a request to with- ance the budget, it seems entirely ap- tance to the entire country. When we draw his own amendment, and we are propriate, Mr. Chairman, that we pro- have the chance to help those less for- now debating that? hibit the administration from spending tunate, especially their children, noth- The CHAIRMAN. The gentleman $1 million, which it proposes to do, on ing, including political interests, from Texas is reserving the right to ob- a study to evaluate the so-called me- should stand in our way. ject to the unanimous-consent request dicinal uses of marijuana. We should Let me tell the gentleman that to- of the gentleman from Texas, Mr. SAM not do this at any time, but especially morrow Mr. Erskine Bowles has agreed JOHNSON, to withdraw the amendment. not when we have many truly pressing to meet with some of us and try to re- Mr. LIVINGSTON. I thank the Chair. law enforcement needs. solve this question. I just wanted to be sure. This amendment, Mr. Chairman, Ms. JACKSON-LEE of Texas. Mr. Chair- The CHAIRMAN. The gentleman would strictly restrict the drug czar man, if the gentleman would yieldÐI oppose from Texas could withdraw his objec- from using any money on a study of the gentleman's amendment that relates to tion and strike the last word. this kind. This amendment is consist- seeking a waiver for the Texas welfare plan Mr. GREEN. Mr. Chairman, continu- ent with the professed explicit policy allowing for the computerization and privatiza- ing my reservation of objection, I was of the administration to oppose the le- tion of determining eligibility for benefits under not going to take the time of the Con- galization of marijuana or any other the plan. gress tonight except my colleagues controlled substances. First it is a violation to take eligibility deter- brought a local issue of Texas to the I quote from the testimony of Gen- mination away from the government process. floor of this House. That is why I think eral McCaffrey. ‘‘We are unalterably Second, Representatives of the Texas legisla- we should be concerned, because this opposed to the legalization of drugs or ture feel this plan as proposed is wrong-head- battle is being fought in the Texas leg- the surreptitious legalization of drugs ed; and if we act on this amendment we would islature right now. And if we believe in under the guise of medicinal uses.’’ be interfering with the legal position that State local control, then let us let that hap- Therefore, Mr. Chairman, this employees should determine eligibility. Third, I pen. amendment I believe is in keeping with will not tolerate the dehumanizing of my most Mr. Chairman, I withdraw my res- the professed policy of this administra- needy constituentsÐmothers, children, and ervation of objection. tion to continue its efforts to oppose the elderly in the 18th Congressional District The CHAIRMAN. Is there objection the legalization of marijuana, includ- by taking away the ``reasonable human factor'' to the request of the gentleman from ing so-called legalization purporting to in determining eligibility. Last week the chief of Texas? have so-called medicinal uses. I urge staff for the President agreed to my request to There was no objection. the adoption of this amendment. It hold a meeting on the issue to hear from The CHAIRMAN. The amendment is simply restricts funding and is in order those of us in the Texas Congressional Dele- withdrawn. at this time. gation who oppose this computerization plan. Are there further amendments to the POINT OF ORDER The President should disallow this untenable bill? The CHAIRMAN. Does the gentleman plan. The Clerk will read. from Wisconsin [Mr. OBEY] insist on his Mr. SAM JOHNSON of Texas. Mr. The Clerk read as follows: Chairman, I ask unanimous consent to point of order? This Act may be cited as the ‘‘1997 Emer- Mr. OBEY. Mr. Chairman, I make a withdraw the amendment. gency Supplemental Appropriations Act for The CHAIRMAN. Is there objection point of order against the amendment. Recovery from Natural Disasters, and for It proposes to change existing law, con- to the request of the gentleman from Overseas Peacekeeping Efforts, Including Texas? Those in Bosnia’’. stitutes legislation on our appropria- Mr. GREEN. Mr. Chairman, reserving tion bill, violates clause 2, rule XXI. The CHAIRMAN. Are there further The CHAIRMAN. Does the gentleman the right to object, we have heard this amendments to the bill? last colloquy between my colleagues from Georgia [Mr. BARR] wish to be AMENDMENT NO. 4 OFFERED BY MR. BARR OF heard on the point of order? from Texas. Let me give you, as Paul GEORGIA Harvey would say, the rest of the story. Mr. BARR of Georgia. Mr. Chairman, Mr. BARR of Georgia. Mr. Chairman, I ask unanimous consent to withdraw This is not as easy as they would say I offer an amendment. because the White House has given a that amendment, and I have another The CHAIRMAN. The Clerk will des- one at the desk. response. It is not a response that ignate the amendment. maybe the gentleman from Texas, Mr. The CHAIRMAN. Is there objection The text of the amendment is as fol- to the request of the gentleman from SAM JOHNSON, wants or my good friend, lows: the gentleman from Texas, Mr. STEN- Georgia? Amendment No. 4 offered by Mr. BARR of There was no objection. HOLM. But it is a response that is rea- Georgia: The CHAIRMAN. The amendment is soned and it will work and it is also a SEC. . USE OF FUNDS FOR STUDIES OF MEDICAL withdrawn. response that I hope the Texas legisla- USE OF MARIJUANA. ture is dealing with right now. None of the funds appropriated by this Act AMENDMENT OFFERED BY MR. BARR OF GEORGIA The concern some of us have on this or any other Act shall be used now or here- Mr. BARR of Georgia. Mr. Chairman, side of the aisle is that we do not par- after in any fiscal year for any study of the I offer an amendment. ticularly want a blanket waiver, which medicinal use of marijuana. The Clerk read as follows: is what is being requested. We want to Mr. LIVINGSTON. Mr. Chairman, I Amendment Offered by Mr. BARR of reserve a point of order against the Georgia: have the competition and also what the Page 51, after line 23, insert the following: private business can do without deter- amendment. SEC. . USE OF FUNDS FOR STUDIES OF MEDI- mining the eligibility. The CHAIRMAN. The gentleman CAL USE OF MARIJUANA. Let me tell my colleagues what this from Louisiana reserves a point of None of the funds appropriated by this Act blanket waiver request would do. order. shall be used for any study of the medicinal PARLIAMENTARY INQUIRY Mr. OBEY. Mr. Chairman, I also re- use of marijuana. Mr. LIVINGSTON. Mr. Chairman, I serve a point of order against the Mr. BARR of Georgia. Mr. Chairman, have parliamentary inquiry. amendment. I would simply direct my colleague’s The CHAIRMAN. The gentleman will The CHAIRMAN. The gentleman attention to my remarks previously state it. from Wisconsin reserves a point of and note that this amendment does es- Mr. LIVINGSTON. Mr. Chairman, are order. sentially the same thing as the pre- we not debating the issue of whether or Mr. BARR of Georgia. Mr. Chairman, vious one, which the language was not not the gentleman is entitled to with- this amendment would prohibit the Di- quite in keeping. This simply provides draw his amendment? rector of the Office of National Drug that none of the funds appropriated by The CHAIRMAN. That unanimous- Control Policy, the so-called drug czar, this act shall be used for any study of consent request is pending. The gen- from using any money under this legis- the medicinal uses of marijuana. tleman is correct. The gentleman from lation to study the legalization for so- As I stated previously, and I would Texas is reserving the right to object. called medicinal uses of marijuana. respectfully direct the attention of my H2774 CONGRESSIONAL RECORD — HOUSE May 15, 1997 colleagues on both sides of the aisle to left here in several respects, most cer- The SPEAKER pro tempore. The my previous remarks, that this is in tainly because it is not now in balance. question is on the passage of the bill. keeping with the professed explicit pol- I did not support the Neumann Pursuant to clause 7 of rule XV, the icy of the administration that they are amendment because I did not want to yeas and nays are ordered. unalterably opposed to the legalization see FEMA funds reduced, but I cer- The vote was taken by electronic de- of any drugs including for surreptitious tainly am in a massive state of confu- vice, and there were— yeas 244, nays purposes under the guise of medicinal sion about what the policy of this 178, answered ‘‘present’’ 1, not voting use. House is supposed to be with respect to 10, as follows: This is an effort, Mr. Chairman, to offsets. [Roll No. 136] I do know this bill is not going any- make sure that $1 million, which they YEAS—244 may want to use, at least the funds for where, but if it does in its present form, it would simply mean we will Abercrombie Goodling Packard that purpose, do not come out of this Aderholt Gordon Pappas legislation. have a significant addition to the defi- Archer Goss Parker Mr. OBEY. Mr. Chairman, I move to cit, and I do not think that is what Armey Granger Paxon Members wanted to do when they Bachus Greenwood Pease strike the last word. Baesler Gutierrez Peterson (MN) I would simply say there are no mon- started out today. Baker Gutknecht Peterson (PA) eys in this legislation for any studies Mr. LIVINGSTON. Mr. Chairman, I Ballenger Hall (OH) Pickering of the medicinal use of marijuana. move to strike the last word. Barcia Hall (TX) Pickett Mr. Chairman, we brought to the Barr Hamilton Pitts Therefore, the amendment has abso- floor today a very good bill. It was paid Barrett (NE) Hansen Pombo lutely no effect and it is immaterial Bartlett Harman Pomeroy for, and it provided very necessary and whether it is adopted or not. Barton Hastert Porter needed relief to the citizens of some 35 Bateman Hastings (FL) Portman The CHAIRMAN. Is there further dis- States that have been devastated by Bereuter Hastings (WA) Price (NC) cussion? Berry Hayworth Pryce (OH) natural disasters. Bilbray Hefley Quinn The question is on the amendment The gentleman from Wisconsin has offered by the gentleman from Georgia Bilirakis Herger Radanovich said that we have a confused situation. Bishop Hill Rahall [Mr. BARR]. Well, I want to clear up the confusion. Bliley Hobson Ramstad The amendment was agreed to. I want to take this bill, as it has been Blunt Holden Regula The CHAIRMAN. Are there addi- Boehner Hooley Reyes amended by the body, to conference; tional amendments? Bonilla Horn Riggs and I can assure Members on both sides Bono Hostettler Riley Mr. OBEY. Mr. Chairman, I move to of the aisle we will clear up the confu- Boyd Houghton Roemer strike the last word. Brady Hoyer Rogan sion, and when the bill comes back Mr. Chairman, when this bill came to Bryant Hunter Rogers from conference it will be paid for, and Bunning Hutchinson Ros-Lehtinen the floor, it was in shape to be sup- it will provide the necessary relief for Buyer Hyde Roukema ported on a bipartisan basis and it was Callahan Istook Sabo our citizens. Calvert Jenkins Sanchez in shape that was going to be signed by So, notwithstanding any partisan dif- the President. At least that was my un- Camp Johnson (CT) Saxton ferences we may have had on the floor Canady Johnson, Sam Schaefer, Dan derstanding. Now, with the adoption of on one issue or another today, give us Cannon Kaptur Sessions the Gekas amendment tonight, it is the opportunity to go to conference Capps Kasich Shaw pretty apparent that this bill is on a Cardin Kelly Sherman and bring the bill back. Members will Chabot Kennedy (MA) Shimkus collision course with the President. have a good bill. It will be paid for, and Chambliss Kim Shuster b 2100 before we go off on recess the American Christensen King (NY) Sisisky Clayton Kleczka Skeen I would simply observe that this body people will have some relief for the Clement Knollenberg Smith (NJ) appears to be in such a hurry to get in natural disasters that they have faced. Combest Kolbe Smith (OR) Condit LaHood Smith (TX) yet another conflict with the White Mr. Chairman, I urge the adoption of this bill. Cook Lantos Smith, Adam House that it is willing to leave the Cooksey Latham Smith, Linda The CHAIRMAN. If there are no House in a State of total confusion, Crane LaTourette Snowbarger other amendments, under the rule the Crapo Lazio Spence and the Nation as well. Committee rises. Cummings Leach Spratt Three years ago, I remember being Accordingly the Committee rose; and Cunningham Lewis (CA) Stabenow told by many Members on the other Danner Lewis (KY) Strickland the Speaker pro tempore [Mr. LAHOOD] side of the aisle that the Mississippi Davis (VA) Linder Stump having assumed the chair, Mr. COM- DeLay Lipinski Sununu flood should not be funded until every BEST, Chairman of the Committee of Diaz-Balart Livingston Talent dollar that was expended for that flood Dickey LoBiondo Tanner the Whole House on the State of the Dingell Lofgren Tauscher was offset in both budget authority and Union, reported that that Committee, outlays. Then the rule seemed to Doolittle Lucas Tauzin having had under consideration the Dreier Luther Taylor (MS) change over the past year and a half. bill, (H.R. 1469) making emergency sup- Dunn Manzullo Taylor (NC) Ehrlich Matsui Thomas Then the rule seemed to be, well, at plemental appropriations for recovery least it ought to be offset only with re- Emerson McCarthy (NY) Thornberry from natural disasters, and for over- English McCollum Thune spect to budget authority. Now, given seas peacekeeping efforts, including Ensign McCrery Thurman the action which struck some $1.6 bil- Etheridge McDade Traficant those in Bosnia, for the fiscal year end- Everett McHale Vento lion on a point of order tonight, this ing September 30, 1997, and for other bill now has a $1.6 billion hole. Ewing McHugh Walsh purposes, pursuant to House Resolution Fawell McIntyre Wamp So it seems to me that in addition to 149, he reported the bill back to the Fazio McKeon Watt (NC) Foley Meek Watts (OK) putting this bill on a track for a veto, House with sundry amendments adopt- which will mean the needed disaster as- Forbes Metcalf Weldon (FL) ed by the Committee of the Whole. Fowler Miller (FL) Weldon (PA) sistance will not be delivered, it also The SPEAKER pro tempore. Under Fox Minge Weller leaves us in a total state of confusion the rule, the previous question is or- Franks (NJ) Moran (KS) White about what the policy of this House is Frelinghuysen Moran (VA) Whitfield dered. Gallegly Morella Wicker supposed to be with respect to whether Is a separate vote demanded on any Ganske Myrick Wise or not disasters are supposed to be off- amendment? If not, the Chair will put Gekas Nadler Wolf set or not. I would simply suggest that them en gros. Gibbons Nethercutt Woolsey that gives us two good reasons to vote Gilchrest Ney Wynn The amendments were agreed to. Gillmor Northup Young (AK) against this bill. The SPEAKER pro tempore. The Gilman Oberstar Young (FL) I do not understand how we can have question is on the engrossment and Goode Ortiz a changing standard depending upon third reading of the bill. Goodlatte Oxley which natural disaster we are faced The bill was ordered to be engrossed NAYS—178 with. So it seems to me that this bill is and read a third time, and was read the Ackerman Baldacci Bass in far worse shape than it was when it third time. Allen Barrett (WI) Becerra May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2775 Bentsen Gephardt Norwood ized to correct section numbers, punc- day to give thanks for our mothers and Berman Gonzalez Nussle Blagojevich Graham Obey tuation, cross references, and to make praise them and honor them. But this Blumenauer Green Olver other conforming changes as may be past Sunday also was an important day Bonior Hilleary Owens necessary to reflect the actions of the to many in this Nation, but for a more Borski Hilliard Pallone House today. sinister reason. It was the one-year an- Boswell Hinchey Pascrell Boucher Hinojosa Pastor The SPEAKER pro tempore [Mr. niversary of the ValuJet crash. Brown (CA) Hoekstra Paul LAHOOD]. Is there objection to the re- It was a crash that could have been Brown (FL) Hulshof Payne quest of the gentleman from Louisi- Brown (OH) Inglis Pelosi avoided, Mr. Speaker, with either Burr Jackson (IL) Petri ana? smoke detectors and fire suppression Burton Jackson-Lee Poshard Mr. OBEY. Mr. Speaker, I am reserv- systems or by prohibiting armed oxy- Campbell (TX) Rangel ing the right to object, I could not hear gen canisters in some cargo holds. Carson John Rivers the gentleman and I was wondering, Castle Johnson (WI) Rodriguez Transporting armed oxygen canisters Chenoweth Johnson, E. B. Rohrabacher what is the nature of the corrections? in unreachable holds is unlawful today, Clay Jones Rothman Mr. LIVINGSTON. If the gentleman but as the recent Continental Airlines Clyburn Kanjorski Roybal-Allard will yield, I am advised that the enroll- incident indicates, the FAA’s enforce- Coble Kennedy (RI) Royce ing clerk has asked for the authoriza- Coburn Kennelly Rush ment of these regulations is weak. tion to correct section numbers, punc- Collins Kildee Ryun The NTSB has recommended after Conyers Kilpatrick Salmon tuation, cross references and other con- Costello Kind (WI) Sanders forming changes, but there would be no the ValuJet crash that the FAA pro- Cox Kingston Sandlin substantive changes to the bill, I would mulgate rules requiring the installa- Coyne Klink Sanford tion of smoke detectors and fire sup- Cramer Klug Sawyer advise the gentleman. Cubin Kucinich Scarborough Mr. OBEY. Mr. Speaker, I withdraw pression systems. Similarly, NTSB Davis (FL) LaFalce Schaffer, Bob my reservation of objection. made an urgent recommendation in De- Davis (IL) Lampson Schumer The SPEAKER pro tempore. Is there cember following the TWA Flight 800 Deal Largent Scott crash. DeFazio Levin Sensenbrenner objection to the request of the gen- DeGette Lewis (GA) Serrano tleman from Louisiana? Today I am calling on the FAA to Delahunt Lowey Shadegg quickly, quickly promulgate and im- DeLauro Maloney (CT) Shays There was no objection. Dellums Maloney (NY) Skaggs f plement regulations regarding the use Deutsch Markey Slaughter of smoke detectors and fire suppression Dicks Martinez Smith (MI) REPORT ON RESOLUTION PROVID- systems in all passenger aircraft, as Dixon Mascara Snyder ING FOR CONSIDERATION OF well as fuel tank recommendations of Doggett McCarthy (MO) Solomon H.R. 1385, EMPLOYMENT, TRAIN- Dooley McDermott Stark the NTSB. Every Member of Congress Doyle McGovern Stearns ING, AND LITERACY ENHANCE- who flies an airplane or who represents Duncan McInnis Stenholm MENT ACT OF 1997 anybody who flies an airplane ought to Edwards McIntosh Stokes Ehlers McKinney Stupak Mr. MCINNIS, from the Committee be putting pressure on the FAA. Engel McNulty Thompson on Rules, submitted a privileged report [From the LA Times, May 6, 1997] Eshoo Meehan Tiahrt (Rept. No. 105–98) on the resolution (H. Evans Menendez Tierney SNAIL’S PACE IN AIRLINER SAFETY Farr Mica Torres Res. 150) providing for consideration of Fattah Millender- Towns the bill (H.R. 1385) to consolidate, co- FBI Director Louis J. Freeh has reiterated Filner McDonald Turner ordinate, and improve employment, an idea expressed by some federal officials Flake Miller (CA) Upton training, literacy, and vocational reha- since late last year: that it was a cata- Foglietta Mink Velazquez strophic mechanical failure that brought Ford Moakley Visclosky bilitation programs in the United Frank (MA) Mollohan Waters States, and for other purposes, which down TWA Flight 800 last July, killing all Frost Murtha Waxman was referred to the House Calendar and 230 aboard. Furse Neal Wexler ordered to be printed. ‘‘The evidence is certainly not leading in Gejdenson Neumann Weygand the direction of a terrorist act, It is in fact f ANSWERED ‘‘PRESENT’’—1 moving in the other direction,’’ Freeh said Souder APPOINTMENT AS MEMBERS TO on a television news show Sunday. But he MEXICO-UNITED STATES INTER- stressed that no official conclusion on the NOT VOTING—10 PARLIAMENTARY GROUP cause of the TWA disaster has been reached. Andrews Manton Watkins Such a slow pace is not unusual in these Boehlert Molinari Yates The SPEAKER pro tempore. Without matters. It took two years, for example, to Hefner Schiff objection, and pursuant to the provi- Jefferson Skelton officially rule that a bomb had caused the sions of 22 U.S.C. 276h, the Chair an- explosion of Pan Am 103 over Lockerbie, b 2125 nounces the Speaker’s appointment of Scotland, in 1988. Mrs. CHENOWETH changed her vote the following Members of the House to Even without a final report, you might from ‘‘yea’’ to ‘‘nay.’’ the Mexico-United States Interpar- think that corrective action would occur Mr. RAHALL and Ms. HARMAN liamentary Group: quickly. After all, the National Transpor- changed their vote from ‘‘nay’’ to Mr. GILMAN of New York, vice chair- tation Safety Board, and now Freeh, has em- man; phasized the possibility that Flight 800 dis- ‘‘yea.’’ integrated because a spark ignited a volatile Mr. DREIER of California; So the bill was passed. air-fuel mixture in its central fuel tank. The result of the vote was announced Mr. BARTON of Texas; Well, here’s the snail’s-pace chronology as above recorded. Mr. CAMPBELL of California; that followed the ‘‘urgent’’ NTSB rec- A motion to reconsider was laid on Mr. MANZULLO of Illinois; ommendations on Dee. 13 for changes that it the table. Mr. GEJDENSON of Connecticut; said could prevent an explosion of this kind: f Mr. LANTOS of California; The Federal Aviation Administration had 90 Mr. FILNER of California; days to respond and announced in February AUTHORIZING THE CLERK TO Mr. UNDERWOOD of Guam; and that it would issue a notice for public com- MAKE CORRECTIONS IN EN- Mr. REYES of Texas. ment in the Federal Register within 30 days. GROSSMENT OF H.R. 1469, 1997 There was no objection. The notice finally appeared in April, at EMERGENCY SUPPLEMENTAL which point another 90-day period com- f APPROPRIATIONS ACT FOR RE- menced. This means that the recommenda- COVERY FROM NATURAL DISAS- THE FAA AND AIRLINE SAFETY tions cannot be acted on until July. TERS, AND FOR OVERSEAS (Mr. WOLF asked and was given per- The Clinton administration and Congress PEACEKEEPING EFFORTS, IN- mission to address the House for 1 ought to find a way to shorten this process. CLUDING THOSE IN BOSNIA If a streamlined process had been manda- minute and to revise and extend his re- tory, the implementation of one or more of Mr. LIVINGSTON. Mr. Speaker, I ask marks.) the changes to prevent central fuel tank ex- unanimous consent that in the engross- Mr. WOLF. Mr. Speaker, this past plosions in more than 1,000 active U.S. com- ment of H.R. 1469, the Clerk be author- Sunday was Mother’s Day and it was a mercial jets might already be underway.