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

Vol. 141 WASHINGTON, MONDAY, SEPTEMBER 18, 1995 No. 145 House of Representatives

The House met at 10:30 a.m. and was states in no uncertain terms the dire the inefficiencies in the current system called to order by the Speaker pro tem- consequences of inaction, of doing right now today. pore [Mr. MILLER of Florida]. nothing. As you can see, in this area His study backs up the Medicare f here, under current trends, by the year trustees’ own numbers showing the po- 2012, this year right here, which is only tential disaster for future beneficiaries DESIGNATION OF SPEAKER PRO 17 years away, outlays for entitlement and taxpayers. If we do not act until TEMPORE spending and interest on the national 2002, as the other side seems to advo- The SPEAKER pro tempore laid be- debt will consume all tax revenues. cate, the payroll tax would have to fore the House the following commu- That is the green line. When this line is more than double, rising from the cur- nication from the Speaker: exceeded by any one of these columns, rent 2.9 percent level to 6.81 percent WASHINGTON, DC, we are spending more than we are tak- just to bring the fund into long-term September 18, 1995. ing in. And in this case, entitlement balance. A tax hike that steep would I hereby designate the Honorable DAN MIL- spending and interest alone on the na- mean over $1 trillion in taxes over the LER to act as Speaker pro tempore on this tional debt will consume all the reve- next 7 years alone on American tax- day. nues we have collected by the Federal payers. NEWT GINGRICH, Government. There will be nothing left Mr. Speaker, to bring that astound- Speaker of the House of Representatives. for anything else, law enforcement, ing number into human terms, a work- f military, or anything like that. er earning $45,000 would have to pay an extra $1,500 in nonrefundable payroll MORNING BUSINESS By the year 2030, entitlement spend- ing alone will consume all tax revenues taxes annually. That would be $4 a day The SPEAKER pro tempore. Pursu- collected by the Federal Government. more every day, Saturday and Sunday ant to the order of the House of May 12, This is a major crisis, albeit it is a lit- and holidays included, $4 more in taxes 1995, the Chair will now recognize tle hard to grasp and it threatens every every day just to cover the trust fund Members from lists submitted by the Federal program, including the entitle- of Medicare if we do not act now. And majority and minority leaders for ment programs themselves, whether that is just part A. morning hour debates. The Chair will they are Medicare, Medicaid, veterans, Assuming middle-of-the-road projec- alternate recognition between the par- even Social Security. You name it. We tions, the part B taxpayer subsidy will ties, with each party limited to not to have to do something. grow to $147 billion by 2004 if allowed exceed 30 minutes, and each Member Mr. Speaker, what is driving this ex- to remain in auto pilot, which is where except the majority and minority lead- plosion in entitlement spending which it is now. That is four times what it is er limited to not to exceed 5 minutes. we are seeing in this chart? There, in today. The Chair recognizes the gentleman fact, are many factors, but primarily it Mr. Speaker, where are we going to from Florida [Mr. GOSS] for 5 minutes. is the out-of-control and gigantic in- get that kind of money, $147 billion? f creases in Medicare spending. We all You guessed it, from the taxpayers. know that the Medicare trustees’ re- The leadership on the other side of the MEDICARE REFORM port states that the Medicare part A aisle last week in the Washington Post Mr. GOSS. Mr. Speaker, the rhetoric trust fund will be bankrupt in 7 years, accused Republicans of playing a shell has gotten pretty thick and possibly in the year 2002. Ninety percent of game and disguising the real costs of even a little sick around here recently, Americans understand that according Medicare reform. What they really even by Washington standards. That is to the polls. should acknowledge is the tremendous why I thought it would be helpful to Mr. Speaker, essentially we have two cost of maintaining the status quo and take a look at the bigger picture. Spe- options. We can reduce costs and re- the increasing cost of the future status cifically, I would like to take a mo- form the system now, which is what quo they advocate. ment this morning to investigate the the Republicans are trying to do, or we Mr. Speaker, my constituents gave long-term ramifications if we heed the can wait and raise taxes again later, me a clear message over the August advice of House Democrats and ignore which seems to be the plan of the break: Go back to Washington and do the pending bankruptcy of the Medi- Democrats. what it takes to fix the problem. They care reform situation. A study conducted by John Berthoud have seen payroll taxes increase before, This chart, compiled by the biparti- of the Alexis de Toqueville Institute in fact, 23 of them in the past 27 years. san Kerrey Commission on entitle- underscores the dire ramifications of Twenty-three payroll taxes and they ments, which I served on last year, raising taxes rather than addressing know that isn’t the answer.

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

H 9035 H 9036 CONGRESSIONAL RECORD — HOUSE September 18, 1995 By expanding choice and utilizing re- So by voting no, you are not killing This is something that is on a bipar- forms that have worked in the private the bill; you are killing a process that tisan basis. Mrs. MEYERS of Kansas has sector, we cannot only save the Medi- is wrong and heavy handed. What we a very constructive proposal to change care program and strengthen it for our have here is a park closure commission the concession system of the parks. current and future beneficiaries, but that would close national parks. So I am not here asking for a rejec- we can also provide a brighter future Now, the bill does exempt 54 national tion of this bill. I am saying, let us re- for our children and grandchildren. We park units from closure, but it leaves spect the process. By voting no on H.R. do have a program that will work and less visited, smaller budgeted parks, 260, which we should do, 143 votes are that is what we are going to do, hope- and important national monuments needed so that the two-thirds is not fully with the bipartisan support and like Independence Hall, the Statue of achieved, we would send the bill back hopefully with constructive coopera- Liberty, Mount Rushmore, the Wash- to the Committee on Rules. tion from the White House. Meanwhile, ington, Lincoln, and Jefferson Monu- Mr. Speaker, watch this bill. H.R. all the scare ads on TV, the class war- ments, and the Martin Luther King 260, vote ‘‘no,’’ send it back to the fare stirred up by the liberals, and the historical site on the chopping block. Committee on Rules. Let it come back generational debate hyped by the cyn- The Chair of the Subcommittee on under a fair rule. ics does not solve the problem and does National Parks, the gentleman from I insert the following information for Utah [Mr. HANSEN], has said that he not make America a better place to the RECORD: live. wants to close 150 parks. This is an Mr. Speaker, the Republicans are agenda that I believe is wrong. Let us [From the Salt Lake Tribune, May 6, 1995] trying to offer a positive solution to a improve the management of these DON’T CLOSE THE PARKS real problem. Even if we do not get all parks. Let us find ways to raise money Generally, people want to enter a national the details exactly right the first time, to keep the parks as important compo- park; they want to leave a military base. In- we will get the details right and we nents of this country. deed, there is little that the two have in will have made an important change Mr. Speaker, the national parks are common, other than that they are both fed- not the playgrounds of the rich. They erally owned. Yet there is inexplicable senti- for every American’s quality of life and ment in Congress for providing a common pocketbook. are the vacation destinations of mil- element to both-a closure commission. f lions of ordinary hard working Ameri- A bill known as H.R. 260, which has already cans who want to see and enjoy the passed Utah Rep. Jim Hansen’s subcommit- SAVING THE NATIONAL PARKS natural wonders they support with tee and is due up before the full House Re- The SPEAKER pro tempore. Under their tax dollars. They deserve to con- sources Committee this month, proposes the the Speaker’s announced policy of May tinue to have that opportunity. formation of a Park System Review Commis- 12, 1995, the gentleman from New Mex- Mr. Speaker, the national parks sion. It would do for national park units ico [Mr. RICHARDSON] is recognized dur- today are more popular than ever. This what the Base Realignment and Closure ing morning business for 5 minutes. year 270 million visitors will visit our Commission has done for military bases: It would close them. Mr. RICHARDSON. Mr. Speaker, I national parks, an increase of 5 million over last year. By the year 2000, 360 Closure is appropriate for some unneeded rise today to express my disappoint- military bases, but not so for national park ment at heavy-handed actions by the million visitors will visit the parks units, which presumably have an unchanging leadership of the Committee on Re- every year. That is if we still have value. After all, national parks were created sources by placing H.R. 260 on the Sus- some of them to visit in the year 2000. for purposes of preservation and posterity, pension Calendar today, and I hope Recent nationwide polls show that this not for the ever-shifting requirements of na- that everybody out there that is aware boom in parks visitation is matched by tional defense. Existing park units simply of this terrible transgression realizes concern for the future of the parks. should not be exposed to the whims of an what H.R. 260 would do. It would sim- A recent poll by Colorado State Uni- independent commission. ply be a vehicle to close down national versity found that 98 percent of those The issue has surfaced because the Na- surveyed believed protection of the tional Park Service has been having prob- parks. lems adequately funding all 368 units in its Mr. Speaker, this bill would create a parks for future generations was im- system. One complaint is that the system is park closure commission to rec- portant, editorial boards around the overloaded with units that don’t belong, ommend specific parks to Congress country, Salt Lake City Tribune, St. units that were designated at the behest of foreclosure, privatization, or sale to Louis Dispatch, the New York Times. some congressman trying to bring home the the highest bidder. But what is most Mr. Speaker, H.R. 260 strikes at the pork for his district. heavy handed is the fact that this bill very heart of our national heritage, the The problem can be addressed without the is on the Suspension Calendar despite 369 natural and cultural treasures creation of a park closure commission. For the fact that many of us in the Com- which make up the National Park Sys- starters, Congress can support the portion of tem, and by authorizing, which is what H.R. 260 that calls for the Interior secretary mittee on Resources were able to offer to devise tighter criteria for additions to the amendments to change this bill. This we would do by passing this bill, the NPS, thereby safeguarding the system from way we have on the Suspension Cal- creation of a park closure commission, selfish lawmakers. endar no opportunity to offer amend- like a military base closure commis- Then, if Congress still feels that ments that are alternatives. sion, without any alternatives, H.R. 260 undeserving units have crept into the sys- Mr. Speaker, I had asked for one takes the decisions out of the hands of tem, it can simply deauthorize them itself, amendment that would allow a new the Congress and turns it over to poli- as it did last year with the John F. Kennedy form of financing the parks, through tics, to political appointees. Surely Center for the Performing Arts. It does not fees, through concessions, and through business as usual is not the message need some new level of bureaucracy to do other alternatives that recognize that the voters sent the Congress in the 1994 this. elections. The rationale behind a park closure com- we do have to improve the manage- mission is that it would save money for the ment of the parks. But there are some Mr. Speaker, let me explain what my NPS. Well, as the BRAC members can tes- very heavy-handed tactics of prevent- alternative does, and all I want is the tify, it would cost a lot of up front money to ing honest debate on this issue. ability to offer this alternative under a close these units. And once closed, who Mr. Speaker, the Clinton administra- closed rule, under a modified rule. One would operate them—the states, or some tion opposes this bill. The environ- amendment, that instead of creating a other division of the federal government? mental community opposes this bill. park closure commission, that we find How do the taxpayers save on that? The National Parks and Conservation other ways to raise funds for parks If the goal is to improve NPS finances, Association opposes this bill, and I through increased, perhaps fees, then start with passage of park concessions would simply ask my colleagues to through a trust fund, through the reform or entrance fee reform. Start funnel- ing such fees back into the parks, instead of vote no on this bill so that it can go changes in concessions so the McDon- the national treasury. It makes little sense back to a rule and allow logical and ald’s and other concessionaires, the to set up a mechanism to close parks when fair amendments. In fact, just one Marriotts, pay a fairer share of what it proposed methods of increase park revenues amendment. costs to maintain the parks. have not been implemented first. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9037 National parks are not at all like military Mr. SOLOMON led the Pledge of Alle- take place tomorrow. There is no rea- bases. They were created to establish a natu- giance as follows: son for this bill to be on suspension. ral or historical legacy for future genera- I pledge allegiance to the Flag of the All we had asked for, those of us who tions. They don’t need a closure commission; United States of America, and to the Repub- are concerned with this bill, is an they need more creative ways to stay open. lic for which it stands, one nation under God, H.R. 260 would: amendment that would have permitted Create a park closure commission to rec- indivisible, with liberty and justice for all. an alternative. An alternative through ommend specific parks to Congress for clo- f concessions, through increased fees, sure, privatization or sale to the highest bid- through a trust fund, we can finance SUNDRY MESSAGES FROM THE der; these parks. PRESIDENT Weaken Congress’ statutory authority to Mr. Speaker, let us make sure we make decisions on park management by Sundry messages in writing from the have a process here. Let us have H.R. granting broad powers to a politically ap- President of the United States were pointed commission; 260 sent back to the Committee on Send a strong signal to the American peo- communicated to the House by Mr. Rules. ple that Congress does not have the political Edwin Thomas, one of his secretaries. The environmental community is will to carry out its responsibilities of over- f against this. The Clinton administra- sight over the National Park Service. tion is against this bill. Exempt the 54 National Park units from ANNOUNCEMENT OF PREFILING Let us have proper debate on it. Let closure, leaving less visited, smaller budg- REQUIREMENT FOR AMEND- us not get rushed on our national eted parks and important national monu- MENTS TO H.R. 927, CUBAN LIB- ments like Independence Hall, the Statue of parks. We do not need a park closure ERTY AND DEMOCRATIC SOLI- commission. We need better manage- Liberty, Mt. Rushmore, the Washington, DARITY ACT OF 1995 Lincoln and Jefferson Monuments and the ment and new ways to finance our na- Martin Luther King. Jr. Historic Site on the Mr. SOLOMON. Mr. Speaker, the tional parks. chopping block. Rules Committee hearing scheduled on f f H.R. 927, the Cuban Liberty and Demo- cratic Solidarity Act has been post- ANNOUNCEMENT BY THE SPEAKER RECESS poned until 2 p.m. tomorrow. PRO TEMPORE The SPEAKER pro tempore. There Due to time constraints this week, The SPEAKER pro tempore. Pursu- being no further requests for morning the Rules Committee may report a ant to the provisions of clause 5 of rule business, pursuant to clause 12, rule I, structured rulemaking in order only I, the Chair announces that he will the House will stand in recess until 12 amendments prefiled with our commit- postpone further proceedings today on noon. tee. Members who wish to offer amend- each motion to suspend the rules on Accordingly, at 10 o’clock and 42 ments to the bill should submit 55 cop- which a recorded vote or the yeas and minutes a.m., the House stood in recess ies of their amendments, together with nays are ordered, or on which the vote until 12 noon. a brief explanation, to the Rules Com- is objected to under clause 4 of rule f mittee office at H–312 of the Capitol, no XV. later than 1 p.m. tomorrow, Tuesday, Such rollcall votes, if postponed, will b 1200 September 19. be taken on Tuesday, September 19, AFTER RECESS Amendments should be drafted to the 1995. amendment in the nature of a sub- The recess having expired, the House stitute that will be made in order as f was called to order by the Speaker pro base text that is available at the Office EXTENSION OF DISTRICT COURT tempore [Mr. CLINGER] at 12 noon. of Legislative Counsel. Members should DEMONSTRATION PROJECTS f therefore have their amendments draft- ed by the Legislative Counsel’s office Mr. MOORHEAD. Mr. Speaker, I PRAYER to ensure that they are properly draft- move to suspend the rules and pass the The Chaplain, Rev. James David ed. Senate bill (S. 464) to make the report- Ford, D.D., offered the following pray- If Members or their staff have any ing deadlines for studies conducted in er: questions regarding this procedure, Federal court demonstration districts When the light of day illumines our they should contact Eric Pelletier in consistent with the deadlines for pilot days, O God, we are grateful beyond the Rules Committee Office at exten- districts, and for other purposes. any measure for we are warmed by that sion 5–9191. The Clerk read as follows: light and it helps us see the way. And We appreciate the cooperation of all S. 464 when that light seems dim we can fal- Members in submitting their amend- Be it enacted by the Senate and House of Rep- ter and fail, or when we turn our heads ments by 1 p.m. tomorrow to ensure resentatives of the United States of America in from that light and go our own way, we their proper consideration by the com- Congress assembled, can so easily miss the mark. O gracious mittee. SECTION 1. EXTENSION OF CIVIL JUSTICE EX- PENSE AND DELAY REDUCTION God, giver of all good things, may we f eagerly seek the light of Your presence DEMONSTRATION PROGRAMS. Section 104 of the Civil Reform Act of 1990 and walk in Your way so faith will be 104TH CONGRESS OUT OF TOUCH (28 U.S.C. 471 note) is amended— our strength, hope will be our daily WITH THE AMERICAN PEOPLE (1) in subsection (a)(1) by striking ‘‘4-year support, and love our ever present re- (Mr. RICHARDSON asked and was period’’ and inserting ‘‘5-year period’’; and ality. Amen. given permission to address the House (2) in subsection (d) by striking ‘‘December f for 1 minute and to revise and extend 31, 1995,’’ and inserting ‘‘December 31, 1996,’’. his remarks.) The SPEAKER pro tempore. Pursu- THE JOURNAL Mr. RICHARDSON. Mr. Speaker, ant to the rule, the gentleman from The SPEAKER pro tempore. The today we are going to take up H.R. 260, California [Mr. MOORHEAD] will be rec- Chair has examined the Journal of the a bill that will close many of our na- ognized for 20 minutes, and the gen- last day’s proceedings and announces tional parks. tleman from Virginia [Mr. SCOTT] will to the House his approval thereof. Millions of Americans spent their be recognized for 20 minutes. Pursuant to clause 1, rule I, the Jour- summer vacations visiting Mount The Chair recognizes the gentleman nal stands approved. Rushmore, Bandolier, Independence from California [Mr. MOORHEAD]. f Hall and the Statue of Liberty. In fact, Mr. MOORHEAD. Mr. Speaker, I 270 million visitors came to our parks yield myself such time as I may PLEDGE OF ALLEGIANCE this year. consume. The SPEAKER pro tempore. The gen- As is often the case, the 104th Con- Mr. Speaker, I rise in support of S. tleman from New York [Mr. SOLOMON] gress is out of touch with the American 464 which is a technical corrections bill will come forward and lead the mem- people. On the suspension calendar that was introduced by Senator HATCH bership in the Pledge of Allegiance. today will be H.R. 260. The vote will and passed the Senate on March 30, H 9038 CONGRESSIONAL RECORD — HOUSE September 18, 1995 1995, under a unanimous-consent re- similar extension to the demonstration States to correct a flaw in a venue pro- quest. program. This bill will restore the dem- vision, section 1391(a) of title 28 which The Civil Justice Reform Act of 1990 onstration program to the same time governs venue in diversity cases. Sec- set up two programs to study various line that applies to the pilot program, tion 1391(a) has a fallback provision— innovative programs in court manage- making the two programs more di- subsection (3)—that comes into play if ment. One program involves so-called rectly comparable, and improving the neither of the other subsections confers pilot courts, and the other involves studies of both programs, by ensuring venue in a particular case. Specifically, what are referred to as demonstration that an additional year of court experi- subsection (3) provides that venue lies districts. Those court programs were ence, is included in those studies. Thus, in ‘‘a judicial district in which the de- originally established for a 3-year pe- passage of S. 464 will enable our Fed- fendants are subject to personal juris- riod, with the studies conducted over a eral courts to get the full benefit of diction at the time the action is com- 4-year period and the resulting reports these studies. menced, if there is no district in which transmitted to Congress by December Mr. Speaker, I have no further re- the action may otherwise be brought.’’ 31, 1995. The Rand Corp. has been carry- quests for time, and I yield back the The defect in this fallback provision ing out the study of the pilot courts, balance of my time. is that it may be read to mean that all while the Federal Judicial Center is Mr. MOORHEAD. Mr. Speaker, I have defendants must be subject to personal conducting the study of the demonstra- no further requests for time, and I jurisdiction in a district in order for tion districts. yield the balance of my time. venue to lie. Under this reading, there Last year, the pilot court programs The SPEAKER pro tempore. The would be cases in which there would be were extended for an additional year, question is on the motion offered by no proper venue. S. 532 would eliminate and the Rand Corp. received a 1-year the gentleman from California [Mr. this ambiguity and I urge its passage. extension for its study of those courts. MOORHEAD] that the House suspend the Mr. Speaker, I reserve the balance of That extension was included in the Ju- rules and pass the Senate bill, S. 464. my time. dicial Amendments Act of 1994. The question was taken; and (two- Mr. SCOTT. Mr. Speaker, I yield my- Through an oversight, however, no ex- thirds having voted in favor thereof) self such time as I may consume. Mr. Speaker, the gentleman from tension was included for the dem- the rules were suspended and the Sen- California has explained the purpose of onstration districts. ate bill was passed. this bill, a technical amendment to en- S. 464 would grant the same 1-year The motion to reconsider was laid on sure that in multidefendant cases, extension for the demonstration dis- the table. there is at least one Federal district tricts as was granted for the pilot f where venue is proper. courts. This will make the two pro- GENERAL LEAVE The problem with the venue statute grams and their studies consistent so as it is currently written is that it is that the final reports can be directly Mr. MOORHEAD. Mr. Speaker, I ask possible to read the language in such a compared. That was the intent behind unanimous consent that all Members way that there could be no Federal dis- the deadlines that were established may have 5 legislative days in which to trict court where venue is proper in when the two study programs were set revise and extend their remarks on S. some multidefendant cases. This bill up. This legislation will restore that 464, the Senate bill just passed. resolves the ambiguity in that lan- end. Also, the extension of the deadline The SPEAKER pro tempore. Is there guage, and ensures that venue require- will improve the study, since more objection to the request of the gen- ments will not defeat the ability to cases will be complete and included in tleman from California? bring a civil action in Federal court if the study. There was no objection. subject matter and personal jurisdic- Finally, this 1-year extension will en- f tion are available. tail no additional cost since the dem- The Judiciary Committee heard tes- onstration districts are planning to CLARIFYING RULES GOVERNING timony on behalf of the Judicial Con- continue the programs under study in VENUE ference of the United States supporting any event. S. 464 represents a sound ju- Mr. MOORHEAD. Mr. Speaker, I this bill. Having identified the ambigu- dicial housekeeping proposal and I urge move to suspend the rules and pass the ity in the current venue provisions, it my colleagues’ support for it. Senate bill (S. 532) to clarify the rules is important that we amend the lan- Mr. Speaker, I reserve the balance of governing venue, and for other pur- guage to ensure that there is at least my time. poses. one Federal district court where venue Mr. SCOTT. Mr. Speaker, I yield my- The Clerk read as follows: is proper in multidefendant cases. S. self such time as I may consume. S. 532 532 achieves that end, and I urge its Mr. Speaker, I join the gentleman Be it enacted by the Senate and House of Rep- passage. from California in supporting this bill, resentatives of the United States of America in Mr. Speaker, I have no further re- because it will help our Federal courts Congress assembled, quests for time, and I yield back the achieve greater efficiency and effec- SECTION 1. VENUE. balance of my time. tiveness. Paragraph (3) of section 1391(a) of title 28, Mr. MOORHEAD. Mr. Speaker, I have The demonstration program that is United States Code, is amended by striking no further requests for time, and I the subject of this bill, involves five ‘‘the defendants are’’ and inserting ‘‘any de- yield back the balance of my time. Federal district courts, that have been fendant is’’. The SPEAKER pro tempore. The experimenting with various case man- The SPEAKER pro tempore. Pursu- question is on the motion offered by agement systems, and forms of alter- ant to the rule, the gentleman from the gentleman from California [Mr. native dispute resolution, since the California [Mr. MOORHEAD] will be rec- MOORHEAD] that the House suspend the program was established 4 years ago. ognized for 20 minutes, and the gen- rules and pass the Senate bill S. 532. At the same time, there is a parallel tleman from Virginia [Mr. SCOTT] will The question was taken; and (two- pilot court program, which is testing be recognized for 20 minutes. thirds having voted in favor thereof) certain principles of litigation manage- The Chair recognizes the gentleman the rules were suspended and the Sen- ment and cost-and-delay reduction. from California [Mr. MOORHEAD]. ate bill was passed. These programs are testing a number Mr. MOORHEAD. Mr. Speaker, I A motion to reconsider was laid on of systems, in a manner that will per- yield myself such time as I may the table. mit the Federal judiciary to compare consume. f their relative effectiveness. Mr. Speaker, I rise in support of S. As the gentleman from California has 532 which is a technical corrections bill GENERAL LEAVE explained, we extended the pilot pro- that was introduced by Senator HATCH Mr. MOORHEAD. Mr. Speaker, I ask gram last year for 1 additional year, and passed the Senate on March 30, unanimous consent that all Members with a 1-year extension for the study 1995, under a unanimous-consent re- may have 5 legislative days in which to that will evaluate that program. We in- quest. It is based on a proposal by the revise and extend their remarks on S. advertently failed, however, to grant a Judicial Conference of the United 532, the Senate bill just considered. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9039 The SPEAKER pro tempore. Is there Whereas an estimated 30,000 people have Mr. BEREUTER. Mr. Speaker, lo- objection to the request of the gen- died in Sri Lanka as a result of these hos- cated at the southern tip of the South tleman from California? tilities; Asia subcontinent, the tiny Indian There was no objection. Whereas the Department of State’s report Ocean island nation of Sri Lanka has, on global terrorism names the LTTE as a f major terrorist organization; for the last decade and a half, been the site of one of the bloodiest ethnic wars. MEDISCAM, NOT MEDISCARE Whereas the LTTE is widely believed to have engaged in political assassinations, in- The conflict has pitted the separatist (Mr. WYNN asked and was given per- cluding the murder in 1994 of a leading can- Liberation Tigers of Tamil Eelam—or mission to address the House for 1 didate for the Sri Lankan presidency, and Tamil Tigers—against the democrat- minute and to revise and extend his re- the killing in 1993 of President Ranasinghe ically elected government in Colombo, marks.) Premadasa; with at least 30,000—and possibly as Mr. WYNN. Mr. Speaker, in this town Whereas the government of President many as 50,000—Sri Lankans of all eth- it seems it is always good to have a Kumaratunga initiated a dialogue with the LTTE in 1994, and took a number of other nic persuasions perishing in this bloody catch phrase. The latest catch phrase steps to ease tensions and set the stage for conflict. is ‘‘Mediscare,’’ Mediscare, as though negotiations between the government and With both sides weary of the unre- the cuts in Medicare were not really se- the LTTE, including lifting the ban on the lenting bloodshed, a cessation of hos- rious or not really painful. I think they transit of many commodities to Jaffna; tilities went into effect at the begin- are. Whereas a cessation of hostilities in Sri ning of 1995, and the government and First, if you consider a premium in- Lanka went into effect on January 8, 1995; the Tamil rebels entered into a series crease of $32 a month on a senior, I Whereas 4 rounds of peace talks between of peace talks. Regrettably, this peace think that is pretty serious and pretty the government and the LTTE took place; that was short lived, and the Tamil Ti- and scary. If you consider that seniors will Whereas in April 1995, the LTTE withdrew gers unilaterally resumed their attacks be forced to choose a doctor they can from these negotiations and resumed mili- on April 19. The recent attacks have afford as opposed to the doctor they tary operations against the Government of been particularly brutal, with a pair of trust, I think that is pretty scary, Sri Lanka that have resulted in hundreds of transport aircraft being shot down, and when a senior is contemplating major casualties, including many innocent civil- a fishing village burned to the ground surgery. ians: Now, therefore, be it with massive loss of life. Third, if you contemplate the likely Resolved, That the House of Representa- In retaliation, the government has possibility that some hospitals will tives— launched its inevitable offensive (1) notes with great satisfaction the warm against Tiger-held territory, with gov- have to shut down, reduce services, or and friendly relations that exist between the pass costs on to private patients, in- United States and Sri Lanka; ernment forces cutting a broad swath sured with private insurance, I think (2) applauds the commitment to democracy through positions long controlled by that is pretty scary. demonstrated by the Sri Lankan people, in the rebels, thereby causing hundreds of When you hear the term defiance of brutal acts of wanton terrorism; casualties and displacing thousands of ‘‘Mediscare,’’ it should not be taken (3) commends the Sri Lankan people and noncombatants. lightly. People say we have to do this the Government of Sri Lanka for the signifi- This pattern of rebel offensives and to save the system. The trustees and cant improvements in Sri Lanka in the area government counteroffensives is all to of human rights; the President suggest what we need is familiar. Over the past dozen years, (4) applauds the cessation of hostilities in this cycle has been repeated time and a modification, maybe $90 to $120 bil- early 1995 between the Government of Sri lion. But the Republicans are proposing Lanka and the Liberation Tigers of Tamil time again. House Resolution 181 calls $270 billion. Why? So they can give a Eelam (‘‘LTTE’’) and deplores the resump- on the parties to break out of this vi- tax break to their rich friends. tion of fighting; cious cycle of death and destruction. If you make $300,000, under this plan (5) calls on the LTTE to desist in its resort The resolution recognizes the good you are going to get back $20,000 in tax to arms, and to return to the negotiating faith efforts of the Sri Lankan Govern- breaks. This $270 billion is not going table; ment to work for peace, and commends back to save the trust fund. Not a (6) calls on all parties to negotiate in good the dramatic improvement in the gov- faith with a view to ending the current ernment’s human rights practices. It penny will go back to the trust fund. armed strife in Sri Lanka and to finding a They mumble about the general fund. just and lasting political settlement to Sri also denounces all acts of violence and Translation: it is siphoned off for a tax Lanka’s ethnic conflict while assuring the terrorism, regardless of the perpetra- break for the wealthy. territorial integrity of Sri Lanka; tor. No, ladies and gentleman, the term (7) believes that a political solution, in- House Resolution 181 calls on the should not be ‘‘Mediscare.’’ It should cluding appropriate constitutional struc- parties to negotiate in good faith with be, ‘‘Mediscam,’’ because that is what tures and adequate protection of minority a view to ending the conflict and find- the American people are being sub- rights, is the path to a comprehensive and ing a just and lasting peaceful settle- jected to in the latest Republican pro- lasting peace in Sri Lanka; ment to the ethnic divisions while as- (8) denounces all political violence and suring the territorial integrity of Sri posal on Medicare. acts of terrorism in Sri Lanka, and calls f upon those who espouse such methods to re- Lanka. ject these methods and to embrace dialogue, The resolution also encourages the ENCOURAGING THE PEACE democratic norms, and the peaceful resolu- United States to lend its good offices PROCESS IN SRI LANKA tion of disputes; to help in resolving the conflict, if so Mr. BEREUTER. Mr. Speaker, I move (9) calls on all parties to respect the desired by the combating parties. to suspend the rules and agree to the human rights of the Sri Lankan people; and Mr. Speaker, this resolution passed (10) states its willingness in principle to unanimously out of the International resolution (H. Res. 181) encouraging the see the United States lend its good offices to peace process in Sri Lanka. Relations Committee. I would con- help resolve the ethnic conflict in Sri Lanka, gratulate the ranking Democrat of the The Clerk read as follows: if so desired by all parties to the conflict. full committee, Mr. HAMILTON, for his H. RES. 181 The SPEAKER pro tempore. Pursu- initiative in drafting this resolution. Whereas, the United States has enjoyed a ant to the rule, the gentleman from long and cordial friendship with Sri Lanka; First, it recognizes the very real efforts Whereas as one manifestation of the warm Nebraska [Mr. BEREUTER] will be recog- made by the ruling government to re- ties between the United States and Sri nized for 20 minutes, and the gen- spect basic human rights and achieve a Lanka, the First Lady of the United States tleman from Maryland [Mr. WYNN] will just peace. As House Resolution 181 visited Sri Lanka in April 1995; be recognized for 20 minutes. notes, the resolution recognizes that Whereas Sri Lanka is a vibrant democracy The Chair recognizes the gentleman improvements have indeed occurred. whose government is committed to political from Nebraska [Mr. BEREUTER]. Second, the resolution places the pluralism, free market economics, and a re- Mr. BEREUTER. Mr. Speaker, I yield House squarely on the side of peace in spect for human rights; Whereas the Liberation Tigers of Tamil myself such time as I may consume. a conflict that has been every bit as Eelam (‘‘LTTE’’) have waged a protracted se- (Mr. BEREUTER asked and was brutal as the war in Bosnia. cessionist struggle in Sri Lanka for nearly 12 given permission to revise and extend Mr. Speaker, this Member is pleased years; his remarks.) to cosponsor the excellent resolution of H 9040 CONGRESSIONAL RECORD — HOUSE September 18, 1995 the distinguished gentleman from Indi- I urge my colleagues to put the H. RES. 158 ana [Mr. HAMILTON] and would urge its House on record in support of a peace- Whereas in 1990 Mongolia ended nearly 7 passage. This Member would also note ful resolution of this ongoing tragedy decades of Soviet domination and single the thoughtful and important contribu- in Sri Lanka. party Communist rule; tion made by the distinguished chair- I urge a ‘‘yea’’ vote on House Resolu- Whereas the 1992 Mongolian constitution established Mongolia as an independent and man of the International Relations tion 181. sovereign republic and guaranteed fun- Committee, the gentleman from New Mr. GILMAN. Mr. Speaker, I commend the damental human rights; York [Mr. GILMAN]. chairman of the Asia and Pacific Subcommit- Whereas the people of Mongolia enjoyed Mr. Speaker, I reserve the balance of tee, Mr. BEREUTER, and the ranking minority their first multiparty democratic elections my time. member, Mr. BERMAN, for their work on this on July 29, 1990, and their first direct presi- resolution. And I commend the ranking minor- dential election on June 6, 1993; b 1320 Whereas the Department of State’s 1994 ity member, Mr. HAMILTON for his efforts in (Mr. WYNN asked and was given per- Country Report on Human Rights practices crafting the resolution. commended Mongolia for ‘‘steady—if some- mission to revise and extend his re- The conflict in Sri Lanka has gone on for marks.) times uneven—progress in its transition nearly 12 years and so many livesÐsome from a highly centralized Communist-led Mr. WYNN. Mr. Speaker, I yield my- 30,000Ðhave been lost. The LTTE took the state toward a full-fledged multiparty de- self such time as I may consume. promising young life of Rajiv Gandhi and in mocracy’’; Mr. Speaker, I rise to urge support 1994 a bomb attack killed the opposition presi- Whereas Mongolia continues its efforts to for this resolution. develop a market economy; dential candidate along with more than 50 oth- Sri Lanka has been wracked by a Whereas the United States has sought to ers. The State Department's human rights re- bloody civil war that has claimed the assist Mongolia’s movement toward democ- port for 1994 concludes that the government lives of at least 30,000, and perhaps as racy and market-oriented reforms by grant- has used excessive force in the conflict. many as 50,000 people. ing most-favored-nation status and providing insurance by the Overseas Private Invest- Sri Lanka is a country of only 18 mil- As the resolution suggests, the United States could play a role in resolving the crises ment Corporation, supporting Mongolia in lion people. If the United States lost a international assistance organizations, and comparable number of people, 730,000 if the two disputing parties desire it. It is be- lieved that the current government of Presi- providing $35,000,000 in bilateral assistance; Americans would have been killed. and Last winter the democratically elect- dent Kumaratunga is serious about working Whereas United States-funded programs of ed President of Sri Lanka, President with the LTTE is finding a mutually agreeable nongovernment organizations, such as the Kumaratunga opened a dialog with the solution. If our Government can play a role it National Endowment for Democracy and the insurgent Liberation Tigers of Tamil would be an honor for all of us to help end the Asia Foundation, have helped build democ- bloodshed. racy in Mongolia: Now, therefore, be it Eelam, known as the LTTE. Resolved, That the House of Representa- Unfortunately, after four rounds of Accordingly I urge my colleagues to support House Resolution 181. tives— talks, the LTTE withdrew from the ne- (1) commends Mongolia for courageous ef- gotiations this past April and resumed Mr. BEREUTER. Mr. Speaker, I have forts to transform itself from a single-party military operations against the govern- no further requests for time, and I state to a multiparty state and from a con- ment—without provocation and in vio- yield back the balance of my time. trolled to a free market economy; lation of the cease-fire. Mr. WYNN. Mr. Speaker, I have no (2) congratulates Mongolia for the swift Since the breakdown of the talks in further requests for time, and I yield and peaceful changes that have taken place back the balance of my time. since the appearance of the internal reform April, the fighting has been heavy, pro- movement in December 1989; ducing many casualties, not only The SPEAKER pro tempore. The (3) cites for particular praise Mongolia’s among the combatants but also among question is on the motion offered by first multiparty democratic elections on the civilian population. the gentleman from Nebraska [Mr. BE- July 29, 1990, and first direct presidential Last month, the Sri Lankan Govern- REUTER] that the House suspend the election on June 6, 1993; ment, in an effort to reach out to the rules and agree to the resolution, (4) urges the Government of Mongolia to minority Tamil community, unveiled a House Resolution 181. continue to strengthen and deepen demo- plan that provides for a significant The question was taken; and (two- cratic reform and human rights, including the full protection of religious freedom and devolution of power to the provinces. thirds having voted in favor thereof) other civil liberties, in order to enhance rep- It is not for us to pass judgment on the rules were suspended and the reso- resentative and accountable government; the merits of this or any other plan, lution was agreed to. (5) commends the parallel movement in but I think we can all applaud this ef- A motion to reconsider was laid on Mongolia toward a free market economy fort to settle Sri Lanka’s problems po- the table. through economic reforms; (6) notes that the best hope for accelerated litically rather than militarily. f House Resolution 181 calls on the economic growth is to attract more foreign LTTE to return to the negotiating GENERAL LEAVE investment by further liberalizing the econ- omy and expanding trade with nontradi- table, and urges all parties to negotiate Mr. BEREUTER. Mr. Speaker, I ask tional partners, including the United States; in good faith with a view to finding a unanimous consent that all Members and just and lasting political resolution to may have 5 legislative days within (7) pledges its continued support for de- Sri Lanka’s ethnic conflict. which to revise and extend their re- mocracy, human rights, and the development of a free market in Mongolia. It does not take sides in the conflict, marks on House Resolution 181, the but it does call for a political settle- resolution just agreed to. The SPEAKER pro tempore. Pursu- ment that provides adequate protec- The SPEAKER pro tempore. Is there ant to the rule, the gentleman from tion for minority rights. objection to the request of the gen- Nebraska [Mr. BEREUTER] will be recog- It does not commit the United States tleman from Nebraska? nized for 20 minutes, and the gen- to any specific course of action, but it tleman from Maryland [Mr. WYNN] will There was no objection. does indicate our willingness, in prin- be recognized for 20 minutes. ciple, to see the United States lend its f The Chair recognizes the gentleman good offices to help resolve the con- from Nebraska [Mr. BEREUTER]. CONGRATULATING THE PEOPLE flict, if this is desired by all parties. (Mr. BEREUTER asked and was OF MONGOLIA This resolution has bipartisan sup- given permission to revise and extend port. It has the support of the adminis- Mr. BEREUTER. Mr. Speaker, I move his remarks.) tration as well. to suspend the rules and agree to the Mr. BEREUTER. Mr. Speaker, I yield I want to commend the chairman of resolution (H. Res. 158) congratulating myself such time as I may consume. the Asia and Pacific Subcommittee, the people of Mongolia on the 5th Anni- Mr. Speaker, the resolution before us Mr. BEREUTER, and the ranking mem- versary of the first democratic today has one simple objective—to ber, Mr. BERMAN, who have worked multiparty elections held in Mongolia commend the people of Mongolia for closely with me as cosponsors of this on July 29, 1990, as amended. the remarkable progress that country resolution. The Clerk read as follows: has made since 1990. Mongolia has September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9041 made great strides from a one-party Mr. WYNN. Mr. Speaker, I yield my- mote freedom and the rule of law. It is in this Communist country with a command self such time as I may consume. positive context that I raised concern about economy to the multiparty free market Mr. Speaker, I strongly support the possible erosion of religious freedom as democracy. In the last 5 years, Mongo- House Resolution 158, as amended. guaranteed in the 1992 Mongolian Constitution lia has also freed itself from Soviet After nearly 70 years of one-party during committee consideration of this resolu- domination. Within a year from the Communist rule, the Mongolian people tion. As a result, during the markup, an fall of the Berlin Wall, the popularly held their first multiparty democratic amendment I sponsored to reinforce the im- elected Mongolian legislature—whose elections 5 years ago, on July 29, 1990. portance of respecting civil liberties and the election we are commemorating in this Since then, the Mongolian people have rule of law was unanimously accepted. resolution—enacted a new constitution made important progress toward estab- Considering the history, the harsh environ- which declared Mongolia an independ- lishing a democratic, multiparty state ment, and the economic and political isolation ent, sovereign republic with guaran- and a free market economy. of Mongolia, the Mongolian people can be teed civil rights and freedoms. These The United States has sought to as- very proud of their achievements to date. changes were not only dramatic in sist Mongolia in this transition to de- While it is true that Mongolia is often not the scope and speed, they were also accom- mocracy and a market-oriented econ- focus of United States foreign policy, that plished without firing a shot and with omy. should not be interpreted as we do not care. little concrete support from the out- Only last week the First Lady visited We do. First Lady Hillary Clinton recently paid side. Mongolia to reiterate our support for an important good-will visit to Mongolia. And, These accomplishments are worthy the Mongolian people and their today, this special resolution lets Mongolians of congressional commendation. That achievements. know that their efforts are recognized by the is why we are here today. It is proper and fitting that the Con- United States House of Representatives. It The political changes of 1990–91 also gress also take note of Mongolia’s ac- sends a clear message that the United States marked the beginning of Mongolia’s ef- complishments. is a friend and does care about Mongolia. It forts to develop a market economy. By adopting this resolution now, the encourages Mongolia to continue full speed Mongolia continues to press ahead with House will be voicing its own support ahead with its reform program despite the economic reform, including privatiza- for the remarkable transition that short-term challenges such action may tion of the economy, price deregula- Mongolia has undergone in recent present. tion, and the establishment of a single years. Mr. Speaker, I urge my colleagues to sup- exchange rate. I commend Chairman BEREUTER for port House Resolution 158 and to bolster the More needs to be done to consolidate this resolution and urge its swift adop- ongoing democratic movement in Mongolia. these reforms. The best hope for accel- tion. Mr. BEREUTER. Mr. Speaker, I have erated growth in Mongolia is to attract Mr. Speaker, I reserve the balance of no further requests for time, and I foreign investment, further liberalize my time. yield back the balance of my time. the economy, and expand trade with Mr. KIM. Mr. Speaker, as a member of the Mr. WYNN. Mr. Speaker, I have no nontraditional partners. International Relations Subcommittee on Asian further requests for time, and I yield The United States has sought to as- and Pacific Affairs, I rise in strong support of back the balance of my time. sist Mongolia’s movement toward de- this resolution commemorating the fifth anni- The SPEAKER pro tempore. The mocracy and market-oriented reforms. versary of the first democratic multiparty elec- question is on the motion offered by The First Lady, on her recent visit to tions held in Mongolia. This is an appropriate the gentleman from Nebraska [Mr. BE- Mongolia, announced a $4.5 million aid way for the House to commend the Mongolian REUTER] that the House suspend the package for that country. We accorded people for the significant political and eco- rules and agree to the resolution, Mongolia most favored nation trading nomic reforms they have made such a rel- House Resolution 158, as amended. status. We have concluded a bilateral atively short period of time. The question was taken; and (two- tax treaty and an Overseas Private In- Prior to 1990, Mongolia was a subservient, thirds having voted in favor thereof) vestment Corporation agreement. We Soviet satellite state isolated from the rest of the rules were suspended and the reso- have supported Mongolia’s entry into the world. Mongolia did not even have diplo- lution, as amended, was agreed to. A motion to reconsider was laid on the IMF, the World Bank, and the matic or trade relations with most countries of the table. Asian Development Bank. the world including the United States. Tens of In short, Mongolia represents a good thousands of Soviet Red army troops were f example of the universality of civil and stationed in the country. As in other captive GENERAL LEAVE political rights and provides evidence nations, the Communist Party monopolized that political freedom and economic power in Mongolia. Mr. BEREUTER. Mr. Speaker, I ask development are not mutually exclu- All of that changed 5 years ago. After nearly unanimous consent that all Members sive. seven decades of Communist rule, the Mon- may have 5 legislative days within Mr. Speaker, this Member would golians held their first multiparty democratic which to revise and extend their re- thank the chairman of the Inter- elections and embarked on a very ambitious marks on House Resolution 158, as national Relations Committee, the dis- course of democratic and economic reform. amended. The SPEAKER pro tempore. Is there tinguished gentleman from New York And, Mongolians are proud of their new direc- objection to the request of the gen- [Mr. GILMAN], for his assistance in tion. While their ongoing transition has had its tleman from Nebraska? moving House Resolution 158. obstacles and temporary setbacks, compared There was no objection. This Member would also thank the to the progress of its giant neighbors; namely, distinguished gentleman from Califor- Russia and China, Mongolia is a welcome f nia, the ranking Democrat on the Asia success. As one Mongolian boasted to me, SUPPORTING A DISPUTE and Pacific Subcommittee, Mr. BER- ``We have evolved from a Communist monop- RESOLUTION IN CYPRUS MAN, and the distinguished gentleman oly to a democracy without blowing up the Mr. BEREUTER. Mr. Speaker, I move from Indiana, Mr. HAMILTON, for their parliament or running over students with to suspend the rules and agree to the help and support in moving this resolu- tanks.'' Not what one would expect from the concurrent resolution (H. Con. Res. 42), tion forward. With their help, the com- land of Genghis Khan. Perhaps Mongolia's supporting a resolution to the long- mittee has crafted a truly bipartisan neighbors could learn a thing or two from Ulan standing dispute regarding Cyprus, as message of support for the Mongolian Bator. Without question, Mongolia continues to amended. people. The Clerk read as follows: Mr. Speaker, I urge passage of House face tough challenges and growing pains dur- H. CON. RES. 42 Resolution 158. ing this period of transition. I realize that dif- Mr. Speaker, I reserve the balance of ficulties can arise during such a comprehen- Whereas the long-standing dispute regard- ing Cyprus remains unresolved; my time. sive reform effort. But, for genuine democracy Whereas the military occupation by Tur- (Mr. WYNN asked and was given per- and economic prosperity to be realized, Mon- key of a large part of the territory of the Re- mission to revise and extend his re- golians must understand that these problems public of Cyprus has continued for over 20 marks.) need to be addressed in ways that further pro- years; H 9042 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Whereas the status quo on Cyprus remains (Mr. BEREUTER asked and was (Mr. WYNN asked and was given per- unacceptable; given permission to revise and extend mission to revise and extend his re- Whereas the United States attaches great his remarks.) marks.) importance to a just and peaceful resolution Mr. BEREUTER. Mr. Speaker, I yield of the dispute regarding Cyprus; Mr. WYNN. Mr. Speaker, I yield my- Whereas the United Nations and the Unit- myself such time as I may consume. self such time as I many consume. ed States are using their good offices to re- Mr. Speaker, having walked the blue Mr. Speaker, first, I would like to solve such dispute; line that divides Greeks from Turks in commend my colleagues, Representa- Whereas on January 5, 1995, President Clin- Cyprus—a line frozen in time for over tive ENGEL and Chairman GILMAN for ton appointed a Special Presidential 20 years—this Member is well aware of their work and leadership in bringing Emmisary for Cyprus; the need to move forward in achieving Whereas the United Nations has adopted this constructive resolution before the numerous resolutions that set forth the basis a just settlement of the Cyprus issue. House. of a solution for the dispute regarding Cy- This is a line where Turkish and Greek I would also point out that this reso- prus; Cypriot forces have faced off, some- lution was adopted by an overwhelming Whereas United Nations Security Council times only 20 to 30 feet from one an- majority of both parties when it was Resolution 939 of July 29, 1994, reaffirms that other, ready to resume hostilities at a considered in the Committee on Inter- a solution must be based on a State of Cy- moment’s notice. national Relations in July. prus with a single sovereignty and inter- The current division of the island of national personality, and a single citizen- As an original cosponsor of House Cyprus serves the interests of no one, Concurrent Resolution 42, I would urge ship, with its independence and territorial and hampers the development and pros- integrity safeguarded, and comprising two my colleagues to support this timely politically equal communities as described perity of both Greek Cypriots and and important resolution. in the relevant Security Council resolutions, Turkish Cypriots. In the meantime, the I believe—as is amply set forth in the in a bicommunal and bizonal federation, and painfully slow negotiation on con- resolution—that the status quo on Cy- that such a settlement must exclude union fidence building measures [CBM’s] has prus is unacceptable. in whole or in part with any other country or run into additional difficulties. I welcome and encourage the con- any form of partition or secession; House Concurrent Resolution 42 Whereas the United Nations has described tinuing efforts by the United States seeks to break the diplomatic logjam and the United Nations to help resolve the occupied part of Cyprus as one of the by proposing the demilitarization of most highly militarized areas in the world; the Cyprus problem in a just and viable Whereas the continued overwhelming pres- the entire island. This Member would manner. ence of more than 30,000 Turkish troops on make the obvious point that demili- I believe that the gradual demili- Cyprus hampers the search for a freely nego- tarization would have to be part of a tarization of the Republic of Cyprus tiated solution to the dispute regarding Cy- comprehensive negotiated settlement, would enhance prospects for a peaceful prus; for demilitarization in and of itself resolution of the long-standing dispute, Whereas the United Nations and the Unit- would not resolve all the island’s polit- ed States have called for the withdrawal of and as a result would benefit all the ical problems. people of that island nation. all foreign troops from the territory of the This Member would make one final For this important reason I strongly Republic of Cyprus; and point: It is over 20 years since the is- Whereas comprehensive plans for the de- recommend that the House adopt land was forcibly partitioned. This militarization of the Republic of Cyprus have House Concurrent Resolution 42. It is a Member has met with Republic of Cy- been proposed: Now, therefore, be it helpful effort to move the peace proc- Resolved by the House of Representatives (the prus President Clerides and Turkish ess in Cyprus forward. Senate concurring), That the Congress— Cypriot leader Raulf Denktesh. This Mr. Speaker, I yield 5 minutes to the (1) reaffirms that the status quo on Cyprus Member sincerely believes these men gentleman from New Jersey [Mr. is unacceptable; are working for what they believe are (2) welcomes the appointment of a Special PALLONE]. the best interests of their people. While Presidential Emissary for Cyprus; Mr. PALLONE. Mr. Speaker, I thank they are on opposite sides, they know (3) expresses its continued strong support my colleague from Maryland for yield- for efforts by the United Nations Secretary one another, and at a basic level, I be- ing time to me. General and the United States Government lieve they respect one another. These Mr. Speaker, I am here this after- to help resolve the Cyprus problems in a just men, and those like them, are of a cer- noon to urge all of my colleagues to and viable manner at the earliest possible tain age. When they were young, they support House Concurrent Resolution time; attended the same schools. As young (4) insists that all parties to the dispute re- 42, that calls for the demilitarization of garding Cyprus agree to seek a solution men, they fought the Nazis together. Later, they belonged to the same clubs the island nation of Cyprus. based upon the relevant United Nations reso- Now in its 21st year, the illegal occu- and ate at the same restaurants. In lutions, including Security Council Resolu- pation of Cyprus by Turkey—who con- tion 939 of July 29, 1994; short, they speak from common experi- (5) reaffirms the position that all foreign ence. trols over one-third of the territory of troops should be withdrawn from the terri- But Mr. Denktesh and President this formerly sovereign nation with a tory of the Republic of Cyprus; Clerides are not young men. And those heavily armed force of over 30,000—is (6) considers that ultimate, total demili- an international dilemma that de- tarization of the Republic of Cyprus would who will follow them do not have this common history. The next generation mands the highest degree of American meet the security concerns of all parties in- attention and perseverance. Having volved, would enhance prospects for a peace- lacks those common experiences that ful and lasting resolution of the dispute re- were forged in World War II. The next watched with extreme pride the tire- garding Cyprus, would benefit all of the peo- generation of Cypriot leaders is likely less efforts of American diplomats as ple of Cyprus, and merits international sup- to have far less appreciation of the they have tried to bring peace to port; and unique contributions of multicultural Bosnia over the last few weeks, I want (7) encourages the United Nations Security society. And this Member fears that to remind all my colleagues that the Council and the United States Government the next generation of leaders is likely issues we are fighting for in Bosnia are to consider alternative approaches to pro- very much the same as those the Unit- mote a resolution of the long-standing dis- to be less committed to a fair and equi- pute regarding Cyprus based upon relevant table settlement. ed States needs to stand for with re- Security Council resolutions, including in- It is for this reason that efforts must spect to Cyprus. centives to encourage progress in negotia- now be redoubled to achieve a resolu- Just as the international community tions or effective measures against any re- tion to the longstanding dispute on Cy- has condemned the Serb’s brutal and calcitrant party. prus. This Member would urge that all shocking campaign of territorial con- The SPEAKER pro tempore. Pursu- parties work toward an honorable quest, so to has it long been in opposi- ant to the rule, the gentleman from peace, and I note the efforts of the gen- tion to Turkey’s defiant disrespect for Nebraska [Mr. BEREUTER] will be recog- tleman from New York [Mr. ENGEL] to Cyprus’ sovereignty. Mr. Speaker, the nized for 20 minutes, and the gen- achieve that peace. I commend him for international community has de- tleman from Maryland [Mr. WYNN] will crafting House Concurrent Resolution manded that the Turks allow the Cyp- be recognized for 20 minutes. 42. riot people to live as a free and inde- The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of pendent people in various forms over from Nebraska [Mr. BEREUTER]. my time. the years. Most recently, in July of September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9043 last year the U.N. Security Council the language in the resolution is slant- substantive measures to break the deadlock, passed Resolution 939, which mandated ed against Turkey. Let me give you an and I strongly believe that total demilitarization that any settlement of the Cyprus example. Those of you who have had a should be considered by the leaders of the issue ‘‘must be based on a state of Cy- chance to take a look at the resolu- two communities in Cyprus. prus with a single sovereignty and tion, it says, ‘‘Whereas, the military I congratulate the gentleman from New York international personality and a single occupation by Turkey of a large part of [Mr. ENGEL] for bringing this measure forward citizenship with its independence and the territory of the Republic of Cyprus and for all his diligent efforts on behalf of the territorial integrity safeguarded.’’ has been continued for over 20 years,’’ people of Cyprus. Those of us in this commit- Among other things, House Concur- but there is nothing in here about tee and in the House who have been con- rent Resolution 42 ‘‘insists that all par- Greece. That is why I say it is not cerned with the tragic situation in Cyprus over ties to the dispute regarding Cyprus evenhanded. the years appreciate the gentleman's contribu- agree to seek a solution based upon the The resolution also implies that the tion. relevant United Nations resolutions,’’ United Nations has criticized only including Resolution 939. It does so, Turkish presence, and that is not the Mr. PORTER. Mr. Speaker, I rise today to moreover, by calling for the complete case, because the United Nations has speak about the tragic separation of Cyprus demilitarization of an island that the called on both sides to withdraw their enforced through the ongoing presence of Secretary General of the United Na- military forces. The resolution reaches Turkish military troops and to express strong tions has described as ‘‘one of the most the unfounded conclusion that Tur- support for the demilitarization of Cyprus as highly militarized areas in the world.’’ key’s military presence is an obstacle called for in the gentleman from New York's Mr. Speaker, if any one can tell me to a negotiated solution in Cyprus. legislation. why it is not a good idea to demili- Let me quote from the resolution. It Mr. Speaker, for 20 years the Cyprus prob- tarize an island that for years has says, ‘‘Whereas, the continued over- lem has remained unresolved, despite contin- brought instability to the entire region whelming presence of more than 30,000 ual attempts by the United States Government surrounding it, I would love to hear the Turkish troops in Cyprus hampers the and the United Nations to achieve a solution. explanation. This gesture of goodwill, search for a freely negotiated solution Notwithstanding the presence of United Na- which was made last year by the Cyp- to the dispute regarding Cyprus,’’ and tions peacekeeping forces, there has been lit- riot President Glafcos Clerides, rep- then it goes on, but it says nothing tle peace in Cyprus. Since 1974, 5 Americans resents a tremendous chance to facili- about the Greek troops that are there. and over 1,600 Greek Cypriots are among the tate a peaceful resolution to a highly I feel as a Congress we should be missing and a generation has grown up in Cy- volatile situation. A Turkish refusal to evenhanded and look at both sides. The prus not knowing peace and unity. act on this proposal can only be read as reality is that both Greece and Turkey Mr. Speaker, over one-third of the territory an unwavering determination by Tur- have a legitimate interest in Cyprus. of the Cyprus remains under occupation by key to ignore the rule of law. For the U.S. Congress now to come over 30,000 heavily armed troops. Indeed, The Turks, however, should know down on one side in this dispute is both United Nations Secretary General Boutros- that should they refuse to move on this unfair, and I think it is going to be Ghali has described the northern part of Cy- situation, their determination will be counterproductive. prus as ``one of the most highly militarized met with an equal resolve by the Unit- How will the Turks react to this res- areas in the world.'' The Turkish occupation of ed States to do whatever it takes to olution? Will they be more willing or Cyprus is recognized to be illegal and is in once again see a free and independent less willing to negotiate a settlement if clear violation of numerous United Nations Cyprus. As the House’s decision earlier they see the U.S. policy as this unfolds resolutions. Unfortunately, Turkey has recently this year to cut United States aid to here? For that reason alone I think the increased the size of its occupation forces by Turkey illustrates, we mean business Congress should not adopt this resolu- adding 8,000 additional troops, accompanied when we say we want to see this issue tion. by new tanks and armored vehicles. This resolved consistent with respect for Cyprus is a really tough problem. Ev- buildup adds tension and danger to an already international law. I would urge my col- eryone understands that. This resolu- unconscionable situation. leagues to demonstrate this once again tion is, or a resolution like this can be Mr. Speaker, since the late 1970's the Unit- by supporting House Concurrent Reso- laudatory. If, if, if, we have something ed Nations, with United States support, has lution 42. useful to offer. Just to adopt a resolu- promoted negotiations aimed at creating a Mr. WYNN. Mr. Speaker, I thank the tion like this I think is just empty Federal, vicommunal, bizonal Republic of Cy- gentleman for his outstanding re- rhetoric. Therefore, I think that this is prus. Unfortunately these efforts have been marks. not a good time to pass this resolution. Mr. Speaker, I have no further re- I also think when you pass a resolu- unsuccessful. More recently, Cypriot President quests for time, and I yield back the tion like this again, it should be even- Clerides has proposed a demilitarization of balance of my time. handed. Despite the good intentions of Cyprus whereby he would completely disband Mr. BEREUTER. Mr. Speaker, I yield its sponsors, this resolution will not the Cyprus Army in exchange for a withdrawal such time as he may consume to the help Greece and Turkey solve the long- of Turkish forces from the island. U.N. peace- keepers could then monitor the status quo, at gentleman from Wisconsin [Mr. ROTH], standing dispute over Cyprus. a distinguished member of the Com- a reduced cost, while negotiations on the fu- b mittee on International Relations. 1240 ture of Cyprus continue. With both parties dis- Mr. ROTH. Mr. Speaker, I thank my For that reason, Mr. Speaker, I say armed, the risk of violence would be reduced friend from Nebraska for yielding me that this is not a good resolution for and, I think, the potential for progress in nego- this time. the House to pass. tiations enhanced. This important and timely Mr. Speaker, I know that it is politi- Mr. GILMAN. Mr. Speaker, this resolution confidence building proposal by President cally popular to beat up on the Turks, offers a very moderate approach to the thorny Clerides should be embraced wholeheartedly but I think it is also important for us issue of Cyprus. The withdrawal of foreign by the Turkish Government, the leadership of in the U.S. Congress to be evenhanded. forces from the island is long overdue, and northern Cyprus, and the United Nations. Mr. Speaker, this resolution is well-in- would certainly contribute to a climate condu- Mr. Speaker, Cyprus is an incredibly beau- tentioned. All of us would like to see cive to negotiations leading to a settlement tiful island with wonderful, warm people and a the settlement take place in Cyprus. along the lines recommended in numerous rich history that is evidenced by a wealth of Unfortunately, this resolution does not Security Council resolutions. During our Au- important archaeological sites and a beautiful contribute anything useful to the long gust recess, I had the opportunity to visit Cy- legacy of art and architecture. Unfortunately, search for the settlement. prus once again and to view first hand the as you walk down the winding streets to For decades, Cyprus has been the ob- tragic effects of the prolonged division of the Nicosia or drive through the Cyprus country- ject of political and sometimes mili- island. People who have been unable to return side, you are constantly reminded of the tary tug of war between Greece and to their homes and villages for over 20 years. 35,000 troops that loom just beyond the hori- Turkey. This resolution could well Bitterness and enmity have replaced traditions zon, beyond the U.N. peacekeeping troops, make it more difficult for a settlement of togetherness and common purpose among beyond the Green Line that divides Cyprus. to be reached in Cyprus. First of all, the citizens of Cyprus. It is time to take some The division of Cyprus is a profound tragedy H 9044 CONGRESSIONAL RECORD — HOUSE September 18, 1995 and this Congress should be vigilant in de- in doing so, sending a message of hope to the their interaction with others, telephone access, manding an end to this tragedy. Demilitariza- Greek Cypriot people. free travel, the ability to send and receive tion of the Island represents an important step Although it has been repeated time and time mail, access to educations beyond elementary in the right direction and the United States again on this House floor, I feel that it is im- school, the ability to return home after attend- should use all available avenues to exert pres- portant to resurrect the historical background ing college, and access to a fair justice sys- sure on the Government of Turkey to see that of the illegal Turkish occupation of Cyprus. On tem. Despite continued efforts by the United this step occurs. July 20, 1974, Turkish troops invaded the is- States Government, the Cyprus problem re- Mrs. MALONEY. Mr. Speaker, I proudly rise land of Cyprus. The occupying force has since mains unresolved. today as an original cosponsor of House Con- escalated into over 30,000 heavily armed Twenty years of oppression is long enough. current Resolution 42. I would also like to troops, occupying nearly 40 percent of the The time has come for the United States to commend Representative ENGEL for his dili- sovereign territory of Cyprus. As a result of make a substantive, legislative mandate and gence and leadership on this issue. He is a this invasion, over 1600 Greek Cypriots are utilize its power to facilitate a peace agree- true champion of the Greek-American commu- unaccounted for and presumed either impris- ment in this region. nity. oned or dead. As many of us know, there are Mr. ENGEL. Mr. Speaker, I rise in support of my resolution, House Concurrent Resolution Over 21 years ago, the world witnessed a also five American citizen who were abducted 42, which calls for the demilitarization of the brutal and blatantly illegal act of ethnic cleans- by Turkish forces during the invasion whose island of Cyprus. This important resolution ing. In 1974 hundreds of thousands of Turkish fate is still unknown and whose families have been grieving for 21 years, mystified as to why was approved by the International Relations troops invaded the island of Cyprus. In a Committee on July 19, 1995, by a vote of 24 gross violation of human rights and inter- their Nation has done nothing to seek justice for their family members. to 6 and has now garnered almost 90 cospon- national law, 200,000 people were expelled sors. from their homes and forced from the land The resolution before us is the appropriate resolution for this body to act upon. House As my colleagues are aware, more than which had been theirs for generations. Trag- one-third of the sovereign territory of the Re- ically, this island remains divided by the con- Concurrent Resolution 42, of which I am a proud original cosponsor, calls for the total public of Cyprus remains under foreign occu- tinuing shackles of occupation and oppres- pation by over 30,000 heavily armed troops. sionÐ35,000 troops continue to occupy 37 withdrawal of Turkish troops from Cyprus. Without demilitarization that is little hope for At the same time, a continuing arms buildup percent of the island. on the island is increasingly a matter of seri- This resolution will put the House of Rep- meaningful negotiations. Just as we have learned from the situation in the former state ous concern. I strongly believe that demilitariz- resentatives on record supporting a number of ing Cyprus would lessen tensions in the re- actions which will help solve the continuing of Yugoslavia, an accord can not be reached while weapons are being used as the instru- gion, meet the security concerns of all parties, problem of Cyprus. The status quo on Cyprus and, thereby, help to promote a settlement of is clearly unacceptable, a fact long accepted ment of communication. Because we live in a country where per- the longstanding dispute. by the international community. The frame- For over 20 years, the Cyprus problem has sonal freedoms and basic human rights are work for a solution to the situation have also remained unresolved, despite continued at- the cornerstone of government, it is incompre- long been recognized, and are enshrined in tempts by the United States Government and hensible for many of us to imagine a family UN Security Council Resolution 939, which re- the United Nations. Earlier this year, President member being dragged away by the secret affirms that a solution must be based on a bi- Clinton appointed a special envoy for Cyprus police, never to be seen again; or to carry-out zonal and bi-communal federation. and sent Assistant Secretary of State Richard our daily lives with the threat and fear that Holbrooke to the region in search of a solu- Perhaps most importantly, this resolution comes from such military rule. For 21 years tion. Their efforts were well intentioned, but calls for the demilitarization of Cyprus. This Greek Cypriots have lived under such horror step would help dramatically to lessen the ten- have been unable as yet to break the dead- waiting for their day of justice. Mr. Speaker, lock. sions in the region. This fact has been recog- today we can give these people a taste of this nized by Cypriot President Clerides, who has A fresh approach is necessary to bridge the justice by voting ``aye'' on House Concurrent gap between the parties. Last year, President been calling for demilitarization since 1993. Resolution 42, and I urge its unanimous adop- Demilitarization would meet the security con- Glafcos Clerides of Cyprus unveiled a bal- tion. anced proposal for the complete demilitariza- cerns of all the parties involved. By doing so, Mr. TORRICELLI. Mr. Speaker, I am proud demilitarization would enhance the prospects tion of the island, which has been well re- to be an original cosponsor of House Concur- ceived in the United States and Europe. It is for peaceful and lasting resolution of the Cy- rent Resolution 42, the Anti-Despotic Practices prus problem. It would benefit all the people of our hope that endorsement of this notion by on Cyprus Act. The impetus for this legislation the Congress will help the parties build a cli- Cyprus and merits international support. are the 500 Greek-Cypriots who are forced by I would also like to take this opportunity to mate within which negotiations can succeed. the Turkish-Cypriots to live under oppressive A bipartisan group of almost 90 Members of commend the Clinton administration for all of conditions without basic freedoms. Congress has joined as cosponsors of this its hard work on resolving the problem of Cy- The Anti-Despotic Practices on Cyprus Act legislation, including large majorities of Repub- prus and other important concerns of the reaffirms that the status quo on Cyprus is un- licans and Democrats on the International Re- Greek-American community. The President acceptable and welcomes the appointment of lations Committee. I would particularly like to has helped to focus international attention on a Special Presidential Emissary for Cyprus. thank Rep. BEN GILMAN, chairman of the Inter- Cyprus with the appointment of Mr. Richard The bill insists that all parties to the dispute national Relations Committee, and Rep. LEE Beattie as his Special Emissary for Cyprus. regarding Cyprus agree to seek a solution HAMILTON, ranking Democrat on the commit- The resolution of the Cyprus problem is clearly based upon the relevant United Nations [UN] tee, for their support of House Concurrent a high priority for the Clinton administration. resolutions and reaffirms that all foreign troops Resolution 42. I would also like to express my As the proud representative of the large and should be withdrawn from the Republic of Cy- appreciation to Rep. JOHN PORTER, original vibrant community of Cypriot-Americans in prus. Demilitarization will lessen tensions in Republican cosponsor of the legislation, for his Astoria, Queens, it is a high priority for me as the region, meet the security concerns of all support and cooperation as we sought to well. With this vote, the whole House is mak- parties in an effective way, and help to pro- move the resolution forward. ing clear that it regards the resolution of this mote a resolution to this dispute. Having passed the 21st anniversary of the problem as a critical foreign policy objective. The Anti-Despotic Practices on Cyprus Act Turkish occupation of Cyprus, I urge the Mr. GEKAS. Mr. Speaker, on August 2, directs the President to make a determination House to pass House Concurrent Resolution 1990, Iraq invaded Kuwait which promoted the as to whether United States foreign aid, either 42 and take this moderate, yet forward-looking United States to lead the West in a unified ef- through the Economic Support Fund program, step to promote a resolution of the longstand- fort to repeal that aggression and show the the Foreign Military Financing program, or the ing conflict on Cyprus. world it would not stand for such an injustice. International Military Education and Training Mr. BILIRAKIS. I would like to commend my While it took the West literally less than 21 program, is being given to foreign govern- colleaguesÐMr. ENGEL of New York, the hours to respond to this violation of inter- ments who are participating in despotic prac- sponsor of House Concurrent Resolution 42, national law, it has taken 21 years for the tices against the people of Cyprus, who are and Mr. GILMAN, chairman of the International West to take this first step toward bringing jus- not criminals and who have no association Relations CommitteeÐfor bringing this bill to tice to the Island of Cyprus. For this reason, with terrorism. the floor today. I rise in strong support of this I would like to take a moment and applaud the For more than 20 years, innocent civilians important resolution, which calls for the demili- work of this body for finally taking action and, have been limited in their location of worship, tarization of Cyprus and insists that all parties September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9045 to the dispute agree to seek a solution based a plan that would demilitarize the island. This INSTITUTE FOR upon relevant U.N. resolutions, including provi- proposal should be commended. The United MULTI-TRACK DIPLOMACY, sions of Security Council Resolution 939. Res- States has also taken steps to facilitate an Cyprus, August 14, 1995. olution 939 reaffirms that a solution of the Cy- agreement. Earlier this year, President Clinton BACKGROUND prus problem should be based upon a state of appointed a special envoy for Cyprus and dis- Since July 1991, we have been working in Cyprus with a single sovereignty, citizenship, patched Assistant Secretary of State Richard partnership with NTL Institute for Applied and international personality. Holbrooke to the region in hopes of helping to Behavioral Science to co-sponsor our initia- tive in Cyprus. The aim is to create a human Demilitarization is crucial to a satisfactory achieve a solution. infrastructure of change agents among thee resolution of the division of this island nation. House Concurrent Resolution 42 is an im- Turkish- and Greek-Cypriot (TC & GC) com- In fact, this couldn't have been made more portant continuation of these efforts. It is a bal- munities who can manage a citizen-based, in- clear than in a recent report submitted to the anced and bipartisan resolution that will help ternal, bicommunal process of trust-build- U.N. Security Council regarding its resolution to stabilize the eastern Mediterranean and will ing, peacebuilding, and reconciliation be- renewing the U.N. peacekeeping force in Cy- benefit all those concerned. tween two peoples who have been in conflict prus. In that report, U.N. Secretary General Ms. PELOSI. I rise today in support of for decades. Boutros Boutros-Ghali referred to occupied House Concurrent Resolution 42, introduced Laying the groundwork for this project by Representative ENGEL, to promote a peace- took nearly two years and included eight Cyprus as ``one of the most highly militarized trips to Cyprus by IMTD and NTL staff mem- areas in the world.'' ful resolution of the occupation of Cyprus. I am proud to be a cosponsor of this important bers. Each of these trips included some form Demilitarization would alleviate the security of training related to conflict resolution. We concerns of all parties and substantially en- bill and commend Representative ENGLE for fostered a network of interested and active hance the prospects for a peaceful resolution his leadership on this issue. Greek and Turkish Cypriots who consist- of the problem. In 1974, in a show of brute strength, Turkey ently participate in these events. This group It is evident, Mr. Speaker, that a solution to dispatched its forces to begin an illegal occu- is coordinated by a Bicommunal Steering the 21-year-old problem on Cyprus will not be pation of Cyprus. Today, 21 years later, that Committee (BSC), which came into existence found until tensions are lessened on the island tragic occupation continues. Despite calls by in November 1992. We created this Commit- the United States and the United Nations for tee for the purpose of advising IMTD on this and the Turkish side agrees to come to the project, but we were elated to discover that table and negotiate. I am satisfied that the the withdrawal foreign troops from Cyprus, Turkish troops remain in Cyprus. And despite it has taken on a life of its own, coordinating Government of Cyprus remains committed to other peacebuilding activities on the island a call by the United Nations for this dispute to seeking a peaceful, just, and viable solution. in addition to being involved with the IMTD The acceptance by the Turkish side of U.N. be resolved based on a single sovereign state project. of Cyprus, Cyprus remains partitioned along Resolution 939 and of Cyprus President CATALYSTS FOR CHANGE IN CYPRUS Greek and Turkish ethnic lines. And despite Glafcos Clerides' demilitarization proposal In late July and early August of 1993, the support by the international community for would substantially enhance the prospects of IMTD and the NTL Institute held a ten-day a peaceful resolution of this conflict by nego- a negotiated settlement. intensive training in conflict resolution and Recently, in my home in Florida, a gen- tiations, Turkish intransigence has, in the past, intergroup relations in Oxford, England. This tleman said to me that in all the history of the undermined the good faith atmosphere nec- marked the transformation of this project essary for a successful conclusion to such into a new stage. Ten Greek Cypriots and ten country of Turkey, voluntary negotiations and talks. Turkish Cypriots participated under the agreements based on those negotiations are The resolution before us today in straight- guidance of Louise Diamond and three train- absent. He said, ``They don't negotiate.'' forward. It places the United States Congress ers from the fields of conflict resolution and Turkey has many internal problems. Amer- firmly on record in support of a peaceful reso- the applied behavioral sciences. The Oxford ican taxpayer dollars are intended to help lution to the dispute between Turkey and Cy- program was exciting, powerful, emotionally them with those problems, not to help them to draining, and spiritually uplifting. The prus; it calls for the withdrawal of all foreign wage invasions against their neighbors and to training covered many different kinds of troops from Cyprus; and, it insists that all par- concrete skills, ranging from basic commu- illegally occupy other lands. ties to the dispute seek a solution based on Common sense, a true caring for their own nication, to conflict analysis, to project de- the United Nations framework. House Concur- people, their domestic needs and world opin- sign and implementation. Beyond the cog- rent Resolution 42 also encourages the demili- nitive level, the participants also developed ion all would seem to dictate that Turkey tarization of Cyprus and urges the U.N. Secu- friendships, built trust, and began the emo- would want to work out a solution to a prob- rity Council and the administration to consider tionally painful process of reconciliation. lem that they just do not need. alternative approaches to resolving this dis- They translated these learnings into the I feel that we in the Congress have a re- beginning of several bicommunal projects pute. sponsibility to use our influence to see that Mr. Speaker, the people of the divided na- which they started upon their return to the Cyprus is made whole again, to rescue the island. The participants, who began to call tion of Cyprus have suffered for too long themselves ‘‘The Oxford Group,’’ returned to thousands of Greek-Cypriots who have be- under an illegal occupation. A peaceful resolu- come refugees in the land of their birth. Like Cyprus with increased understanding, and, tion to this conflict is long overdue. Withdrawal above all, with a renewed sense of hope—a those faithful Cypriots in my district and else- of foreign troops and the demilitarization of crucial element of momentum needed to where, we must do out utmost in this cause. Cyprus are important steps toward restoring break the patterns of thought and action Again, Mr. Speaker I commend the sponsor peace and harmony to this tragically divided that keep the Cyprus conflict from being re- of this legislation and his colleagues on the land. I urge my colleagues to support House solved. International Relations Committee, and I Concurrent Resolution 42 to put the U.S. Con- CYPRUS CONFLICT MANAGEMENT PROJECT strongly urge passage of the bill. gress on record in support of such action. To maintain this momentum, the Oxford Mrs. KELLY. Mr. Speaker, I rise today in Ms. FURSE. Mr. Speaker, with today's pas- Group asked for a more advanced ‘‘training strong support of House Concurrent Resolu- sage of House Concurrent Resolution 42 re- of trainers’’ program and identified a second tion 42, which officially calls for the demili- garding Cyprus, I welcome this opportunity to group of twenty who were ready to take the tarization of Cyprus. This resolution will benefit mention the important work of the Institute for base training. This desire to go further, and the obvious success of the Oxford Group, both Greek and Turkish Cypriots while at the Multi-Track Diplomacy in resolving conflict same time serving to ease the tensions in this spurred the Cyprus Fulbright Commission to there. The resolution's encouragement of the request extensive funding for additional region. U.N. Security Council and the U.S. Govern- training in conflict resolution in Cyprus. In More than one-third of the sovereign terri- ment to consider alternative approaches to response to this request, IMTD formed a new tory of the Republic of Cyprus remains under promote a resolution of the dispute there is consortium, joining resources with NTL and foreign occupation by over 30,000 armed especially significant. the Conflict Management Group (CMG) of troops. Demilitarization of the island called for I submit for the CONGRESSIONAL RECORD a Cambridge, Massachusetts, in order to pro- in House Concurrent Resolution 42 is essen- compilation of the institute's impressive history vide an extensive series of training programs tial if any type of settlement to end this long- of achievement in utilizing alternative ap- during the spring and summer of 1994. standing dispute is to be reached. proaches for bringing about new understand- In this series, the Cyprus Consortium de- livered eight training sessions to over 200 Many efforts have been made in the past to ings among Cypriots in both the Greek and participants. One workshop was for Cyprus resolve the Cyprus problem. These efforts Turkish communities. American Scholarship Program (CASP) stu- must continue if we are to bridge the gap be- This model has great potential for resolving dents studying in American universities. tween the two parties. As late as last year, this and other seemingly intractable conflicts. I Two were for community leaders who are in- President Glafcos Clerides of Cyprus unveiled commend it to the attention of my colleagues. volved in bicommunal activities. There were H 9046 CONGRESSIONAL RECORD — HOUSE September 18, 1995 three sessions for CASP alumni from the Mr. BURTON of Indiana. Mr. Speaker, I They consider any landing by a foreign carrier thirty years of the program, and one train- want to express my opposition to House Con- as a violation of their air space, and Greek ing of trainers program was offered. A spe- current Resolution 42. Cypriot air traffic controllers refuse to clear cial program brought forty public policy I would like to call my colleagues' attention planes for landing in the north. Consequently, leaders, twenty from each community, to the Coolfont Conference Center in West Virginia to two clauses in this resolution which deserve no planes from Europe will risk landing in the for intensive training. This expansive project close scrutiny. north. Tourists who wish to visit the north must was sponsored by the Cyprus Fulbright Com- The first is the fifth ``Whereas Clause'' on transit through Turkey. This additional ex- mission and funded by the U.S. Agency for page two. It concludes pense and burden have killed the develop- International Development, through Whereas the continued overwhelming pres- ment of a tourist industry. In addition, all over- Amideast. ence of more than 30,000 Turkish troops on seas mail must be routed through Turkey. An additional benefit of the program was Cyprus hampers the search for a freely nego- The Republic of Cyprus also declares all the collaboration between the three different tiated solution to the dispute regarding Cy- Turkish Cypriot seaports illegal. Thus, if a ship organizations in the Consortium, which prus. docks in the north and afterwards docks at a proved to be a great laboratory for cross-fer- The second is the sixth ``Resolved Clause'' southern port, its captain is subject to arrest tilization on different theories and practices on page three. It affirms that, of conflict resolution. Also, an ongoing re- and imprisonment. search and evaluation component is uncover- The Congress—considers that the demili- The Republic of Cyprus has pressured most ing fascinating data about the effects of tarization of the Republic of Cyprus would foreign countries to declare that export certifi- these types of training events on the partici- meet the security concerns of all parties in- cates, issued by Turkish Cyprus which vouch pants and on the larger community to which volved, would enhance prospects for a peace- for the health and safety of products, are in- ful and lasting resolution of the dispute re- they return. valid. As a result, most Turkish Cypriot exports Louise Diamond returned to Cyprus in De- garding Cyprus, would benefit all of the peo- ple of Cyprus, and merits international sup- must be routed through Turkey, which adds to cember 1994 with CMG Project Director the cost and has jeopardized the survival of Diana Chigas to do follow-up work, particu- port. larly to conduct evaluation interviews with I believe both of these clauses are seriously many Turkish Cypriot businesses. The Greek Cypriot embargo has also hin- twenty participants from the Coolfront Pub- flawed. dered growth of international business. Turkish lic Policy Leaders training. The reports from With respect to the fifth ``Whereas Clause'' Cypriots, who have applied to be agents of the participants were enthusiastically posi- on page two, I wish the resolution's supporters foreign companies and open franchises in the tive, as they noted how they were able to use would say what they really meanÐthat the the skills upon returning and how the experi- north have been rejected because Greek Cyp- 30,000 Turkish troops in the Turkish Republic ence has changed their lives. Several partici- riots have threatened retaliation against those of Northern Cyprus [TRNC] prevent the Greek pants wrote articles or appeared on tele- companies that also have franchises in the Cypriots from unilaterally imposing their own vision shows to describe the work publicly Republic of Cyprus and Greece. and reduce the public suspicion that follows solution to the Cyprus dispute on the Turkish Unfortunately, nothing about the Greek Cyp- this work in Cyprus. Cypriots. riot embargo of the north is mentioned in In early 1995 the Bicommunal Steering Calling for the withdrawal of Turkish troops Committee officially opened an office in the House Concurrent Resolution 42. If the resolu- from Cyprus prior to any negotiated settlement tion's supporters really want to promote har- Ledra Palace Hotel within the UN buffer which provides for the security of the Turkish zone. This provides a physical and institu- mony between the two Cypriot communities, I tional base for continuing bicommunal ac- Cypriots is absurd. I would dare say that few suggest that they call on the Republic of Cy- tivities, and indicates the degree to which in this body would ask the Republic of China prus to end its economic embargo against the the conflict resolution work has been on Taiwan to disarm as a first step toward north before they demand the withdrawal of legitimated and accepted in both commu- promoting the unification of China or suggest Turkish troops. nities. Recent events on conflict resolution that South Koreans should lay down their Mr. Chairman, before I conclude, I want to undertaken by graduates of our programs arms to facilitate the reunification of the Ko- call attention to the most serious problem with have attracted large audiences of up to two rean peninsula. hundred people. Clearly, our work in Cyprus this resolution. Like most other resolutions While I am not trying to compare the Gov- brought before this committee dealing with Cy- is bearing fruit. ernment of the Republic of Cyprus with North CURRENT ACTIVITIES prus, House Concurrent Resolution 42 glosses Korea or Communist China, the sad fact is overÐsome may even say purposely ig- In August 1995 the Cyprus Consortium re- that Turkish Cypriot distrust of Greek Cypriots noresÐthe history of Cyprus prior to 1974. I, ceived a second grant from Amideast and the is every bit as strong as Taiwanese distrust of Cyprus Fulbright Commission—this time to therefore, feel compelled to examine the origin conduct six different training events over a Communist Chinese or South Korean distrust of this conflict and specifically the period of three-year span. In October 1995 we will run of North Koreans. This distrust is the result of 1963±74. an advanced Training of Trainers program, the terrible repression which they suffered at I want to stress to my colleagues that in building upon the training of trainers event the hands of Greek Cypriots from 1960 to 1960, when Great Britain relinquished control from the summer of 1994. In 1996, three 1974. of the island, a bicommunal government was events are scheduled, including a training for To ignore the legitimate security concerns of established with shared leadership by Turkish Turkish-and Greek-Cypriot scholarship stu- the Turkish Cypriot community and to con- Cypriots and Greek Cypriots as political dents in the United States, a training for clude, as this resolution does on page three, equals. Neither community was to dominate Greek- and Turkish-Cypriot educators in Cy- in the sixth ``Resolved Clause'' that the demili- prus, and a training for Public Policy Lead- the new government. Tragically, right after ers, similar to the training we offered in tarization of the Turkish Republic of Northern Britain's departure, the new President of Cy- West Virginia last summer. In 1997 we will Cyprus [TRNC] would meet the security con- prus, a Greek Cypriot, Archbishop Makarios, conduct another scholarship student train- cerns of all parties involved and would benefit began to carry out his plan for union with ing, and we will bring a group of Greek- and all of the people of Cyprus without also requir- Greece. By December 1963, Greek Cypriots Turkish-Cypriot High School students to the ing the Republic of Cyprus to make similar had destroyed the bicommunal character of United States for a conflict resolution sum- confidence-building concessions only reveals the Republic physically ousting Turkish Cypriot mer camp. the biased nature of this resolution. leaders from their elected positions and de- The Cyprus Consortium has also received a If the supporters of this resolution were real- small grant from the Carnegie Corporation stroying over 100 Turkish Cypriot villages. to develop a conflict analysis workshop for ly concerned about promoting a fair resolution For the next 11 years, Turkish Cypriots, public leaders that will build on the work we to the Cyprus dispute they would also call on heavily outnumbered by the Greek Cypriots, have already completed. The project staffs at the Governments of the Republic of Cyprus suffered great lossesÐhuman and materialÐ both IMTD and CMG will engage in ongoing and Greece to end their defacto embargo of in clashes initiated by Greek Cypriots and fully research into the development of the conflict the Turkish Republic of Northern Cyprus supported by the Greek Army. One out of case studies, including El Salvador, Northern [TRNC]. every 120 Turkish Cypriots, including women, Ireland, the Israeli-Palestinian conflict, and While the Republic of Cyprus prefers not to children, and the elderly, was killed during this South Africa. The staff will also continue re- use the word ``embargo,'' because a declared period even with U.N. peacekeeping troops search on theories developed by IMTD, NTL, embargo is a form of recognition of the Turk- present on the island. and CMG and the Harvard Negotiation Project with the goal of developing training ish Republic of Northern Cyprus [TRNC], it Thousands of Turkish Cypriots were forced materials that will aid the public policy has employed numerous tactics designed to to flee from their homes to live in enclaves leaders in their own conflict analysis proc- impoverish the Turkish Cypriots since 1974. throughout the island and were, in effect, held ess. If funding can be secured, a workshop For example, the Republic of Cyprus de- hostage in their own land without representa- could be planned for as early as spring 1996. clares all Turkish Cypriot airports ``illegal.'' tion in government which was provided them September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9047 in the 1960 constitution. United States Sec- RELATING TO THE UNITED of North Korea should be removed from the retary of State George Ball visited Cyprus in STATES-NORTH KOREA AGREED territory of North Korea as is consistent February 1964 and concluded that Greek Cyp- FRAMEWORK with the Agreed Framework. (2) The International Atomic Energy Agen- riots ``just wanted to be left alone to kill Turk- Mr. BEREUTER. Mr. Speaker, I move cy should have the freedom to conduct any ish Cypriots.'' Turkey waited for 11 years for to suspend the rules and pass the joint and all inspections that it deems necessary help from the world community. None came. resolution (H.J. Res. 83) relating to the to fully account for the stocks of plutonium By 1974, Turkey could no longer stand by and United States-North Korea Agreed and other nuclear materials in North Korea, watch innocent Turkish Cypriots be slaugh- Framework and the obligations of including special inspections of suspected tered by Greek Cypriots. So Turkey intervened North Korea under that and previous nuclear waste sites before any nuclear com- militarily on the island which was completely agreements with respect to the ponents controlled by the Nuclear Supplier legal under the 1960 Treaty of Guarantee Group Guidelines are delivered for a light denuclearization of the Korean Penin- water reactor for North Korea. signed by the Turkish Cypriots, Turkey, Brit- sula and dialogue with the Republic of (3) The dismantlement of all declared ain, Greece, and the Greek Cypriots. It clearly Korea, as amended. graphite-based nuclear reactors and related stated that any of signatures had the right to The Clerk read as follows: facilities in North Korea, including reproc- intervene on Cyprus should the sovereignty of H.J. RES. 83 essing units, should be completed in accord- the island be threatened. Whereas the United States-Democratic ance with the Agreed Framework and in a Let me emphasize that these troops pose People’s Republic of Korea Agreed Frame- manner that effectively bars in perpetuity no threat to the southern part of the island. work (‘‘Agreed Framework’’), entered into any reactivation of such reactors and facili- on October 21, 1994, between the United ties. Since the Turkish military intervention con- (4) The United States should suspend ac- cluded in 1974, these troops have never at- States and North Korea, requires North Korea to stop and eventually dismantle its tions described in the Agreed Framework if tacked or threatened to attack the south. They graphite-moderated nuclear reactor program North Korea attempts to reload its existing are there simply to deter aggression against and related facilities, and comply fully with 5 megawatt nuclear reactor or resumes con- Turkish Cypriots. Let me also add that unlike its obligations under the Treaty on the Non- struction of nuclear facilities other than Government officials from Greece, who have Proliferation of Nuclear Weapons, in ex- those permitted to be build under the Agreed often made statements saying that Cyprus is change for alternative energy sources, in- Framework. rightfully part of Greece, no Turkish officials cluding interim supplies of heavy fuel oil for SEC. 2. ROLE OF THE REPUBLIC OF KOREA UNDER THE AGREED FRAMEWORK. have ever suggested that Turkey should at- electric generators and more proliferation- resistant light water reactor technology; It is further the sense of the Congress that tempt to annex the whole of Cyprus. Whereas the Agreed Framework also com- the Republic of Korea should play the Unfortunately, House Concurrent Resolution mits North Korea to ‘‘consistently take central role in the project to provide light 42 completely dismisses the history of Cyprus. steps to implement the North-South Joint water reactors to North Korea under the For Turkish Cypriots, the memories of Declaration on the Denuclearization of the Agreed Framework. 1960±74 remain vivid. It is absurd to suggest Korean Peninsula’’ and ‘‘engage in North- SEC. 3. FURTHER STEPS TO PROMOTE UNITED South’’ dialogue with the Republic of Korea; STATES SECURITY AND POLITICAL that they should lay down their arms and sud- Whereas the Agreed Framework does not INTERESTS WITH RESPECT TO denly trust their age-old nemesis, especially indicate specific criteria for full normaliza- NORTH KOREA. when Greek Cypriots are continuing to try to tion of relations between the United States It is further the sense of the Congress that, impoverish them through an economic embar- and North Korea, and does not link the se- after the date of the enactment of this joint go. I cannot think of another conflict in the quencing of actions in the Agreed Frame- resolution, the President should not take world where this committee would put forth work with any time-frame for carrying out further steps toward upgrading diplomatic relations with North Korea beyond opening such a solution. the provisions of the North-South Joint Dec- laration on the Denuclearization of the Ko- liaison offices, or relaxing trade and invest- I call on my colleagues to reject House Con- rean Peninsula and carrying out the dialogue ment barriers imposed against North Korea current Resolution 42. This resolution is bi- between North Korea and the Republic of without— ased against the Turkish Republic of Northern Korea; (1) action by the Government of North Cyprus and Turkey. It makes no demands Whereas the commitment by North Korea Korea to engage in a North-South dialogue whatsoever of the Republic of Cyprus like lift- to carry out the letter and spirit of the with the Government of the Republic of ing its economic embargo against the north, Agreed Framework has been put into doubt Korea; by actions of North Korea since October 21, (2) significant progress toward implemen- and it completely ignores the history of the is- tation of the North-South Joint Declaration land and who is to blame for its division. 1994, including the suspected diversion of United States heavy fuel oil in apparent con- on the Denuclearization of the Korean Pe- Mr. BEREUTER. Mr. Speaker, I have travention of the agreed purpose of the in- ninsula; and no further requests for time, and I terim fuel deliveries, the resistance to ac- (3) progress toward the achievement of sev- yield back the balance of my time. cepting light water reactors from the Repub- eral long-standing United States policy ob- The SPEAKER pro tempore (Mr. lic of Korea, the harsh denunciations of the jectives regarding north Korea and the Ko- Government of the Republic of Korea and rean Peninsula, including— CLINGER). The question is on the mo- (A) reducing the number of military forces tion offered by the gentleman from Ne- other actions contrary to the commitment by North Korea to engage in a dialogue with of North Korea along the Demilitarized Zone braska [Mr. BEREUTER] that the House such Government, and the continued conduct and relocating such military forces away suspend the rules and agree to the con- of provocative, offensive oriented military from the Demilitarized Zone; current resolution, House Concurrent exercises; and (B) prohibiting any movement by North Resolution 42, as amended. Whereas the nuclear threat posed by North Korea toward the deployment of an inter- Korea is just one of a number of security mediate range ballistic missile system; and The question was taken; and (two- (C) prohibiting the export by North Korea thirds having voted in favor thereof) concerns of the United States arising out of the policies of North Korea: Now, therefore, of missiles and other weapons of mass de- the rules were suspended and the con- be it struction, including related technology and current resolution, as amended, was Resolved by the Senate and House of Rep- components. agreed to. resentatives of the United States of America in SEC. 4. RESTRICTIONS ON ASSISTANCE TO A motion to reconsider was laid on Congress assembled, NORTH KOREA AND THE KOREAN the table. SECTION 1. CLARIFICATION OF NUCLEAR NON- PENINSULA ENERGY DEVELOPMENT PROLIFERATION OBLIGATIONS OF ORGANIZATION. f NORTH KOREA UNDER THE AGREED (a) IN GENERAL.—Chapter 1 of part III of FRAMEWORK. the Foreign Assistance Act of 1961 (22 U.S.C. GENERAL LEAVE It is the sense of the Congress that in dis- 2370 et seq.) is amended by adding at the end cussions or negotiations with the Govern- the following new section: Mr. BEREUTER. Mr. Speaker, I ask ment of North Korea pursuant to the imple- ‘‘SEC. 620G. ASSISTANCE TO NORTH KOREA AND unanimous consent that all Members mentation of the United States-Democratic THE KOREAN PENINSULA ENERGY have 5 legislative days in which to re- People’s Republic of Korea Agreed Frame- DEVELOPMENT ORGANIZATION. vise and extend their remarks on the work (in this joint resolution referred to as ‘‘(a) IN GENERAL.—No assistance may be resolution just agreed to. the ‘‘Agreed Framework’’) entered into on provided under this Act or any other provi- The SPEAKER pro tempore. Is there October 21, 1994, the President should uphold sion of law to North Korea or the Korean Pe- ninsula Energy Development Organization objection to the request of the gen- the following minimum conditions relating to nuclear nonproliferation: unless— tleman from Nebraska? (1) All spent fuel from the graphite-mod- ‘‘(1) such assistance is provided in accord- There was no objection. erated nuclear reactors and related facilities ance with all requirements, limitations, and H 9048 CONGRESSIONAL RECORD — HOUSE September 18, 1995 procedures otherwise applicable to the provi- acting in good faith. North Korea has there can be no retreat from what is in sion of such assistance for such purposes; and diverted some of the United States-sup- the agreement regarding North Korea’s ‘‘(2) the President— plied heavy oil that we already have obligations, and to clarify where Con- (A) notifies the congressional committees specified in section 634(a) of this Act prior to delivered under the terms of the agree- gress stands on issues that the admin- the obligation of such assistance in accord- ment, and the North has continued its istration may possibly consider as still ance with the procedures applicable to relentless political attacks against our subject to future negotiation. reprogramming notifications under that sec- ally, South Korea. North Korea contin- Second, it insures that our long- tion, irrespective of the amount of the pro- ues to make new and outrageous de- standing ally South Korea remains a posed obligation of such assistance; and mands, including a demand for a bil- key player in the accord by reaffirming ‘‘(B) determines and reports to such com- lion dollars in additional assistance to that the Republic of Korea is the only mittees that the provision of such assistance acceptable source for the light water is vital to the national interests of the Unit- enhance its power grid and for other ed States. purposes. Its implicit agreement that a reactors that are to be provided to ‘‘(b) EXCEPTION.—The requirement of sub- South Korean firm will be the prime North Korea under the accord. section (a)(2) shall not apply with respect to contractor for the project under the Third, House Joint Resolution 83 es- assistance authorized to be appropriated and management of the Korean Peninsula tablishes minimum preconditions for appropriated for North Korea or the Korean Energy Development Organization further moves toward relaxing United Peninsula Energy Development Organiza- [KEDO], negotiated at Kuala Lumpur States trade sanctions and normalizing tion.’’. this summer, remains to be tested. relations with North Korea. These in- (b) EFFECTIVE DATE.—Section 620G of the clude a requirement that North Korea Foreign Assistance Act of 1961, as added by House Joint Resolution 83 was intro- subsection (a), applies with respect to assist- duced by this Member, together with engage in dialog with the South per a ance provided to North Korea or the Korean my friend and distinguished sub- 1992 North-South Agreement, and also Peninsula Energy Development Organization committee colleague from California, the North-South agreement on Korean on or after the date of the enactment of this Mr. KIM, and was marked up by the full Peninsula denuclearization. It also joint resolution. House International Relations Com- conditions further steps toward nor- The SPEAKER pro tempore. Pursu- mittee on June 29, The resolution pro- malization on progress toward the ant to the rule, the gentleman from vides policy guidance to the adminis- achievement of longstanding United Nebraska [Mr. BEREUTER] will be recog- tration as it seeks to engage with States goals of reducing the military nized for 20 minutes, and the gen- North Korea. Not incidentally, the res- threat posed by North Korea’s exces- tleman from Indiana [Mr. HAMILTON] olution will also send a signal from the sive military forces, its ballistic mis- will be recognized for 20 minutes. Congress to Pyongyang that there can sile programs and its exports of ballis- The Chair recognizes the gentleman be no deviation from the terms of the tic missiles and other weapons of mass from Nebraska [Mr. BEREUTER]. United States-DPRK agreement. The destruction. Mr. BEREUTER. Mr. Speaker, I yield resolution is similar to language adopt- This latter point is important. In my myself such time as I may consume. ed by the full House in action on H.R. view and that of many other Members (Mr. BEREUTER asked and was 1561. The most important exception is a of Congress and security policy ex- given permission to revise and extend small but important change to section perts, the administration has been un- his remarks.) 4, which is intended to alleviate the ad- derstandably focused but unduly fo- Mr. BEREUTER. Mr. Speaker, the ministration’s concerns that the reso- cused on containing North Korea’s nu- behavior of the isolated, authoritarian lution not impose a reprogramming no- clear program and avoiding the need to Communist regime in North Korea con- tification requirement in regard to seek international economic sanctions, tinues to remind us that important funds specifically authorized and ap- and not enough focused on broader American nonproliferation and re- propriated by Congress for KEDO. United States security concerns re- gional security interests remain at Despite the fact that the resolution garding the North. great risk notwithstanding the October is imbedded in the American Overseas Fourth, House Joint Resolution 83 1994 United States-DPRK Agreed Interests Act, there are compelling rea- imposes notification requirements on Framework. North Korea remains an sons to adopt it separately. Passage of the use of reprogrammed funds to sup- outlaw state that will not easily adapt the resolution will be a fitting expres- port the agreement, by establishing the itself to international norms. This has sion of congressional support for our same terms and conditions regarding been underscored by Pyongyang’s bit- ally of more than five decades, the Re- authorizations and appropriations from ter resistance to accepting light water public of Korea, recently commemo- non-Foreign Assistance Act sources as reactor technology from South Korea rated during the visit of President Kim would apply to assistance provided to under the October 1994 accord, recent Yong-sam to attend the dedication of North Korea under the Foreign Assist- steps by North Korea that would have the Korean War Veterans Memorial ance Act. This includes the notifica- the effect of unilaterally undermining last July. tion of any reprogramming actions to the Military Armistice Commission I believe that there is nothing on this the House International Relations [MAC] that supervises the truce along issue that we in Congress can do which Committee and the Senate Foreign Re- the demilitarized zone [DMZ], and con- is more important than to go on record lations Committee, no matter from tinued refusal to engage in normaliza- to emphasize the continuing concern of what source the funding is obtained, tion talks with the Republic of Korea, the United States for maintaining the and full justification for assistance in the South. peace and stability of the Korean Pe- provided under waiver authority to In theory, the October 1994 frame- ninsula, and to categorically insist provisions of the Foreign Assistance work agreement provides a mechanism that South Korea must be allowed to Act that otherwise would prohibit such for reining in Pyongyang’s nuclear play a central role in arrangements ne- assistance. weapons program and addressing other gotiated by the United States to ad- Mr. Speaker, this Member thanks the United States security concerns re- dress the problem of North Korea’s nu- chairman of the International Rela- garding the Korean Peninsula. With clear program. tions Committee, the distinguished the North Koreans, however, nothing is Because this issue is so important, gentleman from New York [Mr. GIL- ever simple or settled. In June, Assist- this Member will take a moment to ex- MAN], for his support and assistance in ant Secretary of State Winston Lord plain more precisely what this legisla- crafting this legislation. The chair- noted at a regional security hearing be- tion does. man’s staff provided invaluable assist- fore the Subcommittee on Asia and the House Joint Resolution 83 has 4 ance in addressing many of the issues Pacific that ‘‘We’re going to have a major sections, addressing 4 concerns: in House Joint Resolution 83. very arduous journey in the next 10 or First, it spells out minimum objec- In addition, this Member would as- 15 years in implementing the Agreed tives for United States nonprolifera- sure all of his colleagues that every ef- Framework.’’ tion policy in regard to North Korea’s fort has been made to make this a bi- North Korea’s confrontational behav- obligations under the United States- partisan initiative. This Member would ior continues to raise fundamental DPRK Agreed Framework. This is nec- point to the very constructive addi- questions about whether Pyongyang is essary to make explicitly clear that tions made by the ranking Democrat September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9049 on the Asia and Pacific Subcommittee, steps, it should be very clear to all, go doing in managing this legislation. I, distinguished gentleman from Califor- beyond what is called for in the agreed too, am sorry to hear that the adminis- nia [Mr. BERMAN]. framework by loading up the agree- tration is opposed to this resolution. Mr. Speaker, this is indeed a very im- ment with new unilaterally imposed The reason I say that is this resolution, portant, long-term policy issue that conditions. This resolution lessens the as I see it, only reemphasizes the merits a firm statement of congres- prospects of that agreement’s success, points in our agreement with North sional will. The North Korean nuclear and then we could be back in the midst Korea, and all we are saying is that we issue is certainly, quite arguably, the of a full-scale nuclear crisis with a expect the North Koreans to live up to most dangerous and unpredictable North Korea leading to sanctions, esca- that agreement, and so I cannot see challenge facing us today. The resolu- lation, and perhaps the bombing that why the administration would be op- tion provides needed policy guidance to some people were asking for only a few posed to this resolution. the administration, protects the inter- months ago. Mr. Speaker, all of us in this House ests of our ally, South Korea, broadens I urge my colleagues not to allow the would like to think that this resolu- the scope of United States policy con- pursuit of an ideal outcome to destroy tion is unnecessary. But the North Ko- cerns, and protects the jurisdictional a good agreement that is working and reans have displayed, time after time, interests of this body. working in the interests of the United that they cannot be trusted. Now they I urge the House to adopt the joint States. Remember, since October 1994, have lied, they have stalled, and they resolution. North Korea’s nuclear program has have cheated for too many years, and Mr. Speaker, I reserve the balance of been frozen in its tracks. I do not for us not to be alert to this skulldug- my time. thank we should jeopardize the agree- gery I think would be unwise. Mr. HAMILTON. Mr. Speaker, I yield ment that has achieved this success, It is important for the Congress to myself such time as I may consume. and I urge a ‘‘no’’ vote on this resolu- send a clear message, and this is a mes- (Mr. HAMILTON asked and was given tion. sage to both the North Koreans and to permission to revise and extend his re- Mr. Speaker, I reserve the balance of our allies in the South. Basically what marks.) my time. we are saying is that this resolution Mr. HAMILTON. Mr. Speaker, I rise Mr. BEREUTER. Mr. Speaker, I yield underscores that Congress is steadfast in opposition to this resolution. I re- myself such time as I may consume. in that first, the terms of last Octo- gret the necessity to do that. I do Mr. Speaker, my colleagues, I have ber’s agreement are the absolute mini- think that the distinguished gentleman great respect for the gentleman from mum acceptable; secondly, that North from Nebraska [Mr. BEREUTER], the au- Indiana [Mr. HAMILTON], the ranking Korea will not be allowed to divide us thor of the resolution, has really minority member of the committee. I from South Korea. In this regard any worked very hard to meet many of the regret the fact that he rises in opposi- further steps toward normalization objections of our side, and I think he tion to the resolution, but I appreciate must be linked to real progress in has met a number of them that we his kind words, and I would have to say North-South dialog. Third, the only ac- originally had. Nonetheless, for my in response just a reminder to my col- ceptable source for two nuclear reac- part at least, the resolution still leagues. tors is South Korea; and, fourth, our amounts to a unilateral rewriting of The gentleman from Indiana; I know other military and political objective the United States-North Korean agreed he is aware of this fact, that the ele- for the Korean Peninsula will not be framework. ments to which he objects are con- neglected or even bargained with. It is important to point out, I think, tained in a sense-of-the-Congress sec- Fifth, Congress retains final authority that the administration opposes this tion, section 3, and in fact those items under any expenditures in support of resolution. It is also important to that we list as being important, things this agreement. point out that the agreement, the that should not be forgotten in this Apparently this last point has caused North Korean agreed framework with whole process, such as the continued some controversy with the administra- the United States, has served United focus on accelerating North-South dia- tion, and, to be honest with my col- States interests very well. It perhaps is log, all of these are existing policy sup- leagues, I am surprised. Under the cur- worth remembering that before the ne- ported by this administration and pre- rent law we already require congres- gotiations got under way, there were vious administrations, and I dare say sional notification and a waiver for any many respected voices in this town the majority in Congress, and I would such use in the 150 account. It is natu- calling for bombing North Korea, but say further that in a sense-of-the-Con- ral that we require the same here. this that agreement has been struck, and it gress resolution, it does not in any resolution simply insures that the serves United States interests well. Be- fashion object to the diplomatic rela- President is up front with the congress cause of this agreement North Korea tions that have been established with and with the U.S. taxpayers. this is has shut down its only operating reac- North Korea, although many Members what I call a sunshine provision. Ev- tor. It has halted construction on two do object to that fact. It says that the eryone should know what is in it; ev- new reactors. It has sealed its reproc- President should not take further steps eryone should live up to the terms. essing facility and stopped construc- toward upgrading diplomatic relations. Mr. Speaker, I cannot see any reason tion on a new reprocessing line. It has Finally, Mr. Speaker, I would say why anyone would be opposed to this refrained from reprocessing the spent that I regard this resolution as resolution, and so I want to, in conclu- fuels in its possession. It has given the strengthening the hand of the adminis- sion, thank my friend from Nebraska IAEA inspectors and U.S. technicians tration in negotiating with the North for bringing this resolution to the access to nuclear facilities, and it has Koreans and assuring that we keep floor. He has presented and provided a agreed not only to resume IAEA in- their feet to the fire and that we do needed opportunity to underscore the spections, but to go beyond its obliga- verify their compliance with the agree- underlying and unyielding support for tions under the nonproliferation treaty ment. I think it strengthens the hand South Korea and for the United States and forgo reprocessing altogether. of the administration in this respect. vital interests in the Korean Penin- Mr. Speaker, dealing with North In fact, I would not offer it if I did not sula. North Korea should have no delu- Korea of course is never easy, but this feel very strongly that it was the case, sions. We are resolute as a Congress, resolution makes the President’s job Mr. Speaker. and as a people we will live up to these all the more difficult. House Joint Res- Mr. Speaker, I yield such time as he commitments, and we expect the North olution 83 adds new conditions which may consume to the distinguished gen- Koreans to live up to those commit- North Korea must meet before the tleman from Wisconsin [Mr. ROTH], ments also. United States can take further steps to who by his experience and involvement Mr. BEREUTER. Mr. Speaker, I yield upgrade our diplomatic relations or is quite an expert on the Korean Penin- myself such time as I may consume. economic relations with the North. sula. First I thank the gentleman from Now all of us want North Korea to Mr. ROTH. Mr. Speaker, I appreciate Wisconsin [Mr. ROTH] for his kind re- take those steps, and all of us hope the gentleman’s kind remarks, and I marks and for the information that he that North Korea will do so. But these compliment him for the fine job he is conveyed to our colleagues, which is H 9050 CONGRESSIONAL RECORD — HOUSE September 18, 1995 very important, about our resolve to menting the agreed framework; and that the Mr. Speaker, as you may be able to see that North Koreans live with the United States not take further steps to normal- see from this copy, the Post finds the agreement and that we not backpedal ize our relations with North Korea until North Republican plan to be credible, gutsy, in any way on our commitment that Korea improves its behavior in other areas of and, in some respects, inventive. It ad- there be a North-South dialog and that concern to us, such as implementing the dresses a genuine problem that is only we not permit the North Koreans to di- North-South Joint Declaration on the going to get worse, as we all know. vide the Republic of Korea, South Denuclearization of the Korean Peninsula, cur- What the Democrats have, instead, is a Korea, and the United States. tailing ballistic missile exports, and reducing lot of expostulation, TV ads, and scare Mr. KIM. Mr. Speaker, I rise in strong sup- tensions along the DMZ. talk, so says the Washington Post. port of House Joint Resolution 83, the resolu- The second purpose of the resolution is to The Post is not generally given to tion relating to the United States-North Korea ensure that all United States foreign assist- commenting so harshly about Demo- Agreed Framework. As the only Korean-Amer- ance that is provided to North Korea or the crats. The Post goes on to wonder ican in Congress, I am proud to have spon- Korean Peninsula Energy Development Orga- about how the Democrats propose to fi- sored this measure with Asia Subcommittee nization pursuant to the agreed framework is nance Medicare without real structural chairman DOUG BEREUTER. provided under the same terms and conditions change. They conclude that they are In October 1994, when the administration that govern all other United States foreign as- listening in vain for a real response first unveiled the United States-North Korea sistance. This is necessary because the ad- from the Democrats. Agreed Framework, many praised it as the be- ministration has already on two occasions Mr. Speaker, I join with the Post to ginning of the end to a perilous nuclear crisis sought to deliver assistance to North Korea call on my Democratic colleagues to in the Pacific rim. Unfortunately, I did not from funds not subject to the terms and condi- abandon the politics of fear and join us share that same optimism. In fact, I felt that tions of the Foreign Assistance ActÐin one in saving Medicare for current and fu- the agreed framework was yet another effort case from Defense Department funds, and in ture beneficiaries. The country needs it to appease North Korea at the expense of the the other from Energy Department funds. and we can do it. national security interests of both the United House Joint Resolution 83 will make an im- f States and our ally, the Republic of Korea. It portant contribution to the Congress' ability to looked to me like the United States was obli- oversee implementation of the agreed frame- RECESS gated to give more than it received in return. work, and I urge its adoption. The SPEAKER pro tempore (Mr. In that regard, I was pleased to help spon- Mr. BEREUTER. Mr. Speaker, I have CLINGER). Pursuant to clause 12 of rule sor House Joint Resolution 83 because it de- no further requests for time. I, the Chair declares the House in re- fines the specific direction which the adminis- Mr. HAMILTON. Mr. Speaker, I, too, cess until 3 p.m. tration must follow in its dealings with North have no further requests for time, and Accordingly (at 1 o’clock p.m.), the Korea, rather than allowing that direction to be I yield back the balance of my time. House stood in recess until 3 p.m. dictated by the leadership in Pyongyang. Most Mr. BEREUTER. Mr. Speaker, I yield f important of all is the stipulation that a North- back the balance of my time. South dialog be of the highest priority to en- The SPEAKER pro tempore. The b 1500 sure a reduction in the hostilities between the question is on the motion offered by two governments in the hopes of long-term the gentleman from Nebraska [Mr. BE- AFTER RECESS peace on the peninsula. REUTER] that the House suspend the The recess having expired, the House I think it is important that this Congress, and rules and pass the joint resolution, was called to order by the Speaker pro this administration, send a clear message to House Joint Resolution 83, as amended. tempore (Mr. FOLEY) at 3 p.m. North Korea by setting forth a blueprint of The question was taken; and (two- f what we will accept as positive progress. And, thirds having voted in favor thereof) with House Joint Resolution 83 we make it the rules were suspended, and the joint RYAN WHITE CARE ACT clear that without such progress, we will not resolution, as amended, was passed. AMENDMENTS OF 1995 provide North Korea with the economic and A motion to reconsider was laid on Mr. BILIRAKIS. Mr. Speaker, I move political benefits they want. Therefore, I ask all the table. to suspend the rules and pass the bill of my colleagues to support the immediate f (H.R. 1872) to amend the Public Health passage of House Joint Resolution 83 so that Service Act to revise and extend pro- GENERAL LEAVE we set a clear plan of action with respect to grams established pursuant to the North Korea. Mr. BEREUTER. Mr. Speaker, I ask Ryan White Comprehensive AIDS Re- Mr. GILMAN. Mr. Speaker, I commend the unanimous consent that all Members sources Emergency Act of 1990, as distinguished chairman of our subcommittee have 5 legislative days in which to re- amended. on Asia and the Pacific, Mr. BEREUTER, for vise and extend their remarks on the The Clerk read as follows: bringing this resolution before the House. I joint resolution just passed. H.R. 1872 also commend the distinguished ranking mem- The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- ber of the subcommittee, Mr. BERMAN, for his objection to the request of the gen- resentatives of the United States of America in helpful contributions. tleman from Nebraska? Congress assembled, The substance of the resolution has, of There was no objection. SECTION 1. SHORT TITLE. course, already passed the House as part of f This Act may be cited as the ‘‘Ryan White H.R. 1561, the American Overseas Interests CARE Act Amendments of 1995’’. b Act, and so I expect it to receive broad biparti- 1259 SEC. 2. REFERENCES. san support today. MEDAGOGUES Whenever in this Act an amendment is ex- The resolution serves two useful purposes. pressed in terms of an amendment to a sec- First, it articulates the views of the Congress (Mr. GOSS asked and was given per- tion or other provision, the reference shall with respect to the October 21, 1994, agreed mission to address the House for 1 be considered to be made to that section or framework between the United States and minute and to revise and extend his re- other provision of the Public Health Service North Korea under which North Korea is to marks.) Act (42 U.S.C. 201 et seq.). suspend and then dismantle its nuclear pro- Mr. GOSS. Mr. Speaker, it is not only TITLE I—EMERGENCY RELIEF FOR AREAS gram in exchange for deliveries of heavy fuel House Republicans that are question- WITH SUBSTANTIAL NEED FOR SERVICES oil and construction in North Korea of two ing the barrage of scare tactics on Med- SEC. 101. ESTABLISHMENT OF PROGRAM OF 1,000 megawatt light water nuclear reactors. icare that are being presented by the GRANTS. The resolution does not criticize or reject the Democrats and certain of their special (a) NUMBER OF CASES; DELAYED APPLICA- agreed framework, but it does sound several interest associates. Last week’s Wash- BILITY.—Effective October 1, 1996, section ington Post editorial entitled 2601(a) (42 U.S.C. 300ff–11) is amended— cautionary notes about implementation of the (1) by striking ‘‘subject to subsection (b)’’ agreement. In particular, it urges that the ‘‘Medagogues’’ puts the entire Medi- and inserting ‘‘subject to subsections (b) agreed framework be implemented in a man- care debate into perspective by com- through (d)’’; and ner consistent with United States interests; paring the two parties on this critical (2) by striking ‘‘metropolitan area’’ and all that South Korea have a central role in imple- issue. that follows and inserting the following: September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9051 ‘‘metropolitan area for which there has been ‘‘(iii) Priorities of the HIV-infected com- 60 days after the date on which amounts ap- reported to the Director of the Centers for munities for which the services are intended. propriated under section 2677 become avail- Disease Control and Prevention a cumulative ‘‘(iv) Availability of other governmental able for the fiscal year, subject to any waiv- total of more than 2,000 cases of acquired im- and nongovernmental resources.’’; ers under section 2605(d).’’; mune deficiency syndrome for the most re- (2) in subparagraph (B)— (2) in paragraph (2), by amending the para- cent period of five calendar years for which (A) by striking ‘‘develop’’ and inserting graph to read as follows: such data are available.’’. ‘‘Develop’’; and ‘‘(2) ALLOCATIONS.—Of the amount avail- (b) OTHER PROVISIONS REGARDING ELIGI- (B) by striking ‘‘; and’’ and inserting a pe- able under section 2677 for a fiscal year for BILITY.—Section 2601 (42 U.S.C. 300ff–11) is riod; making grants under section 2601(a)— amended by adding at the end thereof the (3) in subparagraph (C)— ‘‘(A) the Secretary shall reserve 50 percent following subsections: (A) by striking ‘‘assess’’ and inserting ‘‘As- for making grants under paragraph (1) in ‘‘(c) REQUIREMENTS REGARDING POPU- sess’’; amounts determined in accordance with LATION.— (B) by striking ‘‘rapidly’’; and paragraph (3); and ‘‘(1) NUMBER OF INDIVIDUALS.— (C) by inserting before the period the fol- ‘‘(B) the Secretary shall, after compliance ‘‘(A) IN GENERAL.—Except as provided in lowing: ‘‘, and assess the effectiveness, either with subparagraph (A), reserve such funds as subparagraph (B), the Secretary may not directly or through contractual arrange- may be necessary to carry out paragraph make a grant under this section for a metro- ments, of the services offered in meeting the (4).’’; and politan area unless the area has a population identified needs’’; and of 500,000 or more individuals. (3) by adding at the end the following para- (4) by adding at the end the following sub- graph: ‘‘(B) LIMITATION.—Subparagraph (A) does paragraphs: not apply to any metropolitan area that was ‘‘(4) MAXIMUM REDUCTION IN GRANT.—In the ‘‘(D) Participate in the development of the case of any eligible area for which a grant an eligible area under this part for fiscal statewide coordinated statement of need ini- year 1995 or any prior fiscal year. under paragraph (1) was made for fiscal year tiated by the State health department 1995, the Secretary, in making grants under ‘‘(2) GEOGRAPHIC BOUNDARIES.—For pur- (where it has been so initiated). poses of eligibility under this part, the such paragraph for the area for the fiscal ‘‘(E) Obtain input on community needs years 1996 through 2000, shall (subject to the boundaries of each metropolitan area are the through conducting public meetings.’’. boundaries that were in effect for the area extent of the amount available under section (c) GENERAL PROVISIONS.—Section 2602(b) 2677 for the fiscal year involved for making for fiscal year 1994. (42 U.S.C. 300ff–12(b)) is amended by adding ‘‘(d) CONTINUED STATUS AS ELIGIBLE grants under section 2601(a)) ensure that the at the end the following paragraph: AREA.—Notwithstanding any other provision amounts of the grants do not, relative to ‘‘(4) GENERAL PROVISIONS.— of this section, a metropolitan area that was such grant for the area for fiscal year 1995, ‘‘(A) COMPOSITION OF COUNCIL.—The plan- an eligible area under this part for fiscal constitute a reduction of more than the fol- ning council under paragraph (1) shall (in ad- year 1996 is an eligible area for fiscal year lowing, as applicable to the fiscal year in- dition to requirements under such para- 1997 and each subsequent fiscal year.’’. volved: graph) reflect in its composition the demo- (c) CONFORMING AMENDMENT REGARDING ‘‘(A) 1 percent, in the case of fiscal year graphics of the epidemic in the eligible area DEFINITION OF ELIGIBLE AREA.—Section 1996. 2607(1) (42 U.S.C. 300ff–17(1)) is amended by involved, with particular consideration given ‘‘(B) 2 percent, in the case of fiscal year to disproportionately affected and histori- striking ‘‘The term’’ and all that follows and 1997. cally underserved groups and subpopula- inserting the following: ‘‘The term ‘eligible ‘‘(C) 3 percent, in the case of fiscal year tions. Nominations for membership on the area’ means a metropolitan area meeting the 1998. council shall be identified through an open requirements of section 2601 that are applica- ‘‘(D) 4 percent, in the case of fiscal year process, and candidates shall be selected ble to the area.’’. 1999. based on locally delineated and publicized SEC. 102. HIV HEALTH SERVICES PLANNING ‘‘(E) 5 percent, in the case of fiscal year criteria. Such criteria shall include a con- COUNCIL. 2000.’’. (a) ESTABLISHMENT.—Section 2602(b)(1) (42 flict-of-interest standard for each nominee. U.S.C. 300ff–12(b)(1)) is amended— ‘‘(B) CONFLICTS OF INTEREST.— (b) SUPPLEMENTAL GRANTS.—Section (1) in subparagraph (A), by inserting before ‘‘(i) The planning council under paragraph 2603(b) (42 U.S.C. 300ff–13(b)) is amended— the semicolon the following: ‘‘, including fed- (1) may not be directly involved in the ad- (1) in paragraph (1)— erally qualified health centers’’; ministration of a grant under section 2601(a). (A) in the matter preceding subparagraph (2) in subparagraph (D), by inserting before With respect to compliance with the preced- (A), by striking ‘‘Not later than’’ and all the semicolon the following: ‘‘and providers ing sentence, the planning council may not that follows through ‘‘section 2605(b)—’’ and of services regarding substance abuse’’; designate (or otherwise be involved in the se- inserting the following: ‘‘After allocating in (3) in subparagraph (G), by inserting before lection of) particular entities as recipients of accordance with subsection (a) the amounts the semicolon the following: ‘‘and histori- any of the amounts provided in the grant. available under section 2677 for grants under cally underserved groups and subpopula- ‘‘(ii) An individual may serve on the plan- section 2601(a) for a fiscal year, the Sec- tions’’; ning council under paragraph (1) only if the retary, in carrying out section 2601(a), shall (4) in subparagraph (I), by inserting before individual agrees to comply with the follow- from the remaining amounts make grants to the semicolon the following: ‘‘, including the ing: eligible areas described in this paragraph. State medicaid agency and the agency ad- ‘‘(I) If the individual has a financial inter- Such grants shall be disbursed not later than ministering the program under part B’’; est in an entity, and such entity is seeking 150 days after the date on which amounts ap- (5) in subparagraph (J), by striking ‘‘and’’ amounts from a grant under section 2601(a), propriated under section 2677 become avail- after the semicolon; the individual will not, with respect to the able for the fiscal year. An eligible area de- (6) by striking subparagraph (K); and purpose for which the entity seeks such scribed in this paragraph is an eligible area (7) by adding at the end the following sub- amounts, participate (directly or in an advi- whose application under section 2605(b)—’’; paragraphs: sory capacity) in the process of selecting en- (B) in subparagraph (D), by striking ‘‘and’’ ‘‘(K) grantees under section 2671, or, if tities to receive such amounts for such pur- after the semicolon; none are operating in the area, representa- pose. (C) in subparagraph (E), by striking the pe- tives of organizations in the area with a his- ‘‘(II) In the case of a public or private en- riod at the end and inserting ‘‘; and’’; and tory of serving children, youth, women, and tity of which the individual is an employee, (D) by adding at the end thereof the follow- families living with HIV; and or a public or private organization of which ing subparagraph: ‘‘(L) grantees under other HIV-related Fed- the individual is a member, the individual ‘‘(F) demonstrates the manner in which eral programs.’’. will not participate (directly or in an advi- the proposed services are consistent with the (b) DUTIES.—Section 2602(b)(3) (42 U.S.C. sory capacity) in the process of making any local needs assessment and the statewide co- 300ff–12(b)(3)) is amended— decision that relates to the expenditure of a ordinated statement of need.’’; and (1) by striking ‘‘The planning’’ in the mat- grant under section 2601(a) for such entity or (2)(A) by redesignating paragraphs (2) ter preceding subparagraph (A) and all that organization or that otherwise directly af- through (4) as paragraphs (3) through (5), re- follows through the semicolon at the end of fects the entity or organization.’’. spectively; and subparagraph (A) and inserting the follow- SEC. 103. TYPE AND DISTRIBUTION OF GRANTS. (B) by inserting after paragraph (1) the fol- ing: ‘‘The planning council under paragraph (a) FORMULA GRANTS BASED ON RELATIVE lowing paragraph: (1) shall carry out the following: NEED OF AREAS.—Section 2603(a) (42 U.S.C. ‘‘(2) PRIORITY.— ‘‘(A) Establish priorities for the allocation 300ff–13(a)) is amended— ‘‘(A) SEVERE NEED.—In determining severe of funds within the eligible area based on the (1) in paragraph (1)— need in accordance with paragraph (1)(B), the following factors: (A) in the second sentence, by inserting ‘‘, Secretary shall give priority consideration ‘‘(i) Documented needs of the HIV-infected subject to paragraph (4)’’ before the period; in awarding grants under this subsection to population. and eligible areas that (in addition to complying ‘‘(ii) Cost and outcome effectiveness of pro- (B) by adding at the end the following sen- with paragraph (1)) demonstrate a more se- posed strategies and interventions, to the ex- tence: ‘‘Grants under this paragraph for a vere need based on the prevalence in the eli- tent that such data are reasonably available. fiscal year shall be disbursed not later than gible area of— H 9052 CONGRESSIONAL RECORD — HOUSE September 18, 1995 ‘‘(i) sexually transmitted diseases, sub- istrative expenses does not exceed 10 percent graph for the planning year. With respect to stance abuse, tuberculosis, severe mental ill- (without regard to whether particular enti- amounts resulting from reductions under the ness, or other conditions determined rel- ties expend more than 10 percent for such ex- preceding sentence for a fiscal year, the Sec- evant by the Secretary, which significantly penses).’’. retary shall use such amounts to make affect the impact of HIV disease; SEC. 105. APPLICATION. grants under section 2603(a) for the fiscal ‘‘(ii) subpopulations with HIV disease that Section 2605 (42 U.S.C. 300ff–15) is amend- year, subject to ensuring that none of such were previously unknown in such area; or ed— amounts are provided to any metropolitan ‘‘(iii) homelessness. (1) in subsection (a)— area for which such a reduction was made for ‘‘(B) PREVALENCE.—In determining preva- (A) in paragraph (1)(B), by striking ‘‘1-year the fiscal year. lence of conditions under subparagraph (A), period’’ and all that follows through ‘‘eligi- ‘‘(3) FUNDING.—Of the amounts available the Secretary shall use data on the preva- ble area’’ and inserting ‘‘preceding fiscal under section 2677 for a fiscal year for carry- lence of the conditions described in such sub- year’’; ing out this part, the Administrator may re- paragraph among individuals with HIV dis- (B) in paragraph (4), by striking ‘‘and’’ at serve not more than 1 percent for making ease (except that, in the case of an eligible the end thereof; grants under paragraph (1).’’. area for which such data are not available, (C) in paragraph (5), by striking the period TITLE II—CARE GRANT PROGRAM the Secretary shall use data on the at the end thereof and inserting ‘‘; and’’; and SEC. 201. GENERAL USE OF GRANTS. prevalences of the conditions in the general (D) by adding at the end thereof the follow- Section 2612 (42 U.S.C. 300ff–22) is amended population of such area).’’. ing paragraph: to read as follows: DDITIONAL EQUIREMENTS FOR (c) A R ‘‘(6) that the applicant will participate in ‘‘SEC. 2612. GENERAL USE OF GRANTS. GRANTS.—Section 2603 (42 U.S.C. 300ff–13) is the process for the statewide coordinated ‘‘(a) IN GENERAL.—A State may use amended by adding at the end the following statement of need (where it has been initi- amounts provided under grants made under subsection: ated by the State), and will ensure that the this part for the following: ‘‘(c) COMPLIANCE WITH PRIORITIES OF HIV services provided under the comprehensive ‘‘(1) To provide the services described in PLANNING COUNCIL.—Notwithstanding any plan are consistent with such statement.’’; section 2604(b)(1) for individuals with HIV other provision of this part, the Secretary, (2) in subsection (b)— disease. in carrying out section 2601(a), may not (A) in the subsection heading, by striking ‘‘(2) To provide to such individuals treat- make any grant under subsection (a) or (b) ‘‘ADDITIONAL’’; and ments that in accordance with section 2616 to an eligible area unless the application (B) in the matter preceding paragraph (1), have been determined to prolong life or pre- submitted by such area under section 2605 for by striking ‘‘additional’’; vent serious deterioration of health. the grant involved demonstrates that the (3) by redesignating subsections (c) and (d) ‘‘(3) To provide home- and community- grants made under subsections (a) and (b) to as subsections (d) and (e), respectively; and based care services for such individuals in the area for the preceding fiscal year (if any) (4) by inserting after subsection (b), the accordance with section 2614. were expended in accordance with the prior- following subsection: ‘‘(4) To provide assistance to assure the ities applicable to such year that were estab- ‘‘(c) SINGLE APPLICATION.—Upon the re- continuity of health insurance coverage for lished, pursuant to section 2602(b)(3)(A), by quest of the chief elected official of an eligi- such individuals in accordance with section the planning council serving the area.’’. ble area, the Secretary may authorize the of- 2615. SEC. 104. USE OF AMOUNTS. ficial to submit a single application through ‘‘(5) To establish and operate consortia Section 2604 (42 U.S.C. 300ff–14) is amend- which the official simultaneously requests a under section 2613 within areas most affected ed— grant pursuant to subsection (a) of section by HIV disease, which consortia shall be de- (1) in subsection (b)— 2603 and a grant pursuant to subsection (b) of signed to provide a comprehensive contin- (A) in paragraph (1)(A), by striking ‘‘in- such section. The Secretary may establish uum of care to individuals and families with cluding case management and comprehen- such criteria for carrying out this subsection such disease in accordance with such section. sive treatment services, for individuals’’ and as the Secretary determines to be appro- ‘‘(b) PRIORITY FOR WOMEN, INFANTS AND inserting the following: ‘‘including HIV-re- priate.’’. CHILDREN.—For the purpose of providing lated comprehensive treatment services (in- SEC. 106. TECHNICAL ASSISTANCE; PLANNING health and support services to infants, chil- cluding treatment education and measures GRANTS. dren, and women with HIV disease, a State for the prevention and treatment of oppor- Section 2606 (42 U.S.C. 300ff–16) is amend- shall use, of the funds allocated under this tunistic infections), case management, and ed— part to the State for a fiscal year, not less substance abuse treatment and mental (1) by inserting before ‘‘The Adminis- than the percentage constituted by the ratio health treatment, for individuals’’; trator’’ the following: ‘‘(a) IN GENERAL.—’’; of the population in the State of infants, (B) in paragraph (2)(A)— (2) by striking ‘‘may, beginning’’ and all children, and women with acquired immune (i) by inserting after ‘‘nonprofit private en- that follows through ‘‘title,’’ and inserting deficiency syndrome to the general popu- tities,’’ the following: ‘‘or private for-profit ‘‘(referred to in this section as the ‘Adminis- lation in the State of individuals with such entities if such entities are the only avail- trator’) shall’’; and syndrome, or 15 percent, whichever is less. In able provider of quality HIV care in the (3) by adding at the end the following sub- expending the funds reserved under the pre- area,’’ ; and section: ceding sentence for a fiscal year, the State (ii) by striking ‘‘and homeless health cen- ‘‘(b) PLANNING GRANTS REGARDING INITIAL shall give priority to providing, for pregnant ters’’ and inserting ‘‘homeless health cen- ELIGIBILITY FOR GRANTS.— women, measures to prevent the perinatal ters, substance abuse treatment programs, ‘‘(1) ADVANCE PAYMENTS ON FIRST-YEAR transmission of HIV.’’. and mental health programs’’; and FORMULA GRANTS.—With respect to a fiscal SEC. 202. GRANTS TO ESTABLISH HIV CARE CON- (C) by adding at the end the following year (referred to in this subsection as the SORTIA. paragraph: ‘planning year’), if a metropolitan area has Section 2613 (42 U.S.C. 300ff–23) is amend- ‘‘(3) PRIORITY FOR WOMEN, INFANTS AND not previously received a grant under section ed— CHILDREN.—For the purpose of providing 2601 and the Administrator reasonably (1) in subsection (a)— health and support services to infants, chil- projects that the area will be eligible for (A) in paragraph (1), by inserting ‘‘(or pri- dren, and women with HIV disease, the chief such a grant for the subsequent fiscal year, vate for-profit providers or organizations if elected official of an eligible area shall use, the Administrator may make a grant for the such entities are the only available providers of the grants made for the area under section planning year for the purpose of assisting of quality HIV care in the area)’’ after ‘‘non- 2601(a) for a fiscal year, not less than the the area in preparing for the responsibilities profit private,’’; and percentage constituted by the ratio of the of the area in carrying out activities under (B) in paragraph (2)(A)— population in such area of infants, children, this part. (i) by inserting ‘‘substance abuse treat- and women with acquired immune deficiency ‘‘(2) REQUIREMENTS.— ment, mental health treatment,’’ after syndrome to the general population in such ‘‘(A) IN GENERAL.—A grant under para- ‘‘nursing,’’; and area of individuals with such syndrome, or 15 graph (1) for a planning year shall be made (ii) by inserting after ‘‘monitoring,’’ the percent, whichever is less. In expending the directly to the chief elected official of the following: ‘‘measures for the prevention and funds reserved under the preceding sentence city or urban county that administers the treatment of opportunistic infections, treat- for a fiscal year, the chief elected official public health agency to which section ment education for patients (provided in the shall give priority to providing, for pregnant 2602(a)(1) is projected to apply for purposes of context of health care delivery),’’; and women, measures to prevent the perinatal such paragraph. The grant may not be made (2) in subsection (c)(2)— transmission of HIV.’’; and in an amount exceeding $75,000. (A) in clause (ii) of subparagraph (A), by (2) in subsection (e), by adding at the end ‘‘(B) OFFSETTING REDUCTION IN FIRST FOR- striking ‘‘and’’ after the semicolon; thereof the following sentence: ‘‘In the case MULA GRANT.—In the case of a metropolitan (B) in subparagraph (B), by striking the pe- of entities to which such officer allocates area that has received a grant under para- riod at the end and inserting ‘‘; and’’; and amounts received by the officer under the graph (1) for a planning year, the first grant (C) by adding after subparagraph (B) the grant, the officer shall ensure that, of the made pursuant to section 2603(a) for such following subparagraph: aggregate amount so allocated, the total of area shall be reduced by an amount equal to ‘‘(C) grantees under section 2671, or, if none the expenditures by such entities for admin- the amount of the grant under such para- are operating in the area, representatives in September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9053 the area of organizations with a history of vidual is infected with HIV disease or solely ‘‘(A) To the biological mother of the infant serving children, youth, women, and families on the basis that the individual has been (without regard to whether she is the legal living with HIV.’’. tested for the disease. guardian of the infant). SEC. 203. PROVISION OF TREATMENTS. ‘‘(2) That paragraph (1) does not apply to ‘‘(B) If the State is the legal guardian of Section 2616(a) (42 U.S.C. 300ff–26(a)) is an individual who, in applying for the health the infant: amended— insurance involved, knowingly misrepre- ‘‘(i) To the appropriate official of the State (1) by striking ‘‘may use amounts’’ and in- sented any of the following: agency with responsibility for the care of the serting ‘‘shall use a portion of the amounts’’; ‘‘(A) The HIV status of the individual. infant. (2) by striking ‘‘section 2612(a)(4)’’ and in- ‘‘(B) Facts regarding whether the individ- ‘‘(ii) To the appropriate official of each au- serting ‘‘section 2612(a)(2)’’; and ual has been tested for HIV disease. thorized agency providing assistance in the (3) by inserting before the period the fol- ‘‘(C) Facts regarding whether the individ- placement of the infant. lowing: ‘‘, including measures for the preven- ual has engaged in any behavior that places ‘‘(iii) If the authorized agency is giving sig- tion and treatment of opportunistic infec- the individual at risk for the disease. nificant consideration to approving an indi- tions’’. ‘‘(3) That paragraph (1) does not apply to vidual as a foster parent of the infant, to the SEC. 204. ADDITIONAL REQUIREMENTS FOR any reasonable alteration in the terms of prospective foster parent. GRANTS. health insurance for an individual with HIV ‘‘(iv) If the authorized agency is giving sig- (a) FINDINGS.—The Congress finds as fol- disease that would have been made if the in- nificant consideration to approving an indi- lows: dividual had a serious disease other than vidual as an adoptive parent of the infant, to (1) Research studies have demonstrated HIV disease. the prospective adoptive parent. that administration of antiviral medication ‘‘(b) REGULATION OF HEALTH INSURANCE.—A ‘‘(C) If neither the biological mother nor during pregnancy can significantly reduce statute or regulation shall be deemed to reg- the State is the legal guardian of the infant, the transmission of the human ulate insurance for purposes of this section to another legal guardian of the infant. immunodeficiency virus (commonly known only to the extent that it is treated as regu- ‘‘(3) That, in the case of prenatal testing as HIV) from an infected mother to her baby. lating insurance for purposes of section for HIV disease that is conducted in the (2) The Centers for Disease Control and 514(b)(2) of the Employee Retirement Income State, the results of such testing be prompt- Prevention have recommended that all preg- Security Act of 1974. ly disclosed to the pregnant woman involved. ‘‘(4) That, in disclosing the test results to nant women receive HIV counseling; vol- ‘‘(c) APPLICABILITY OF REQUIREMENT.— an individual under paragraph (2) or (3), ap- untary, confidential HIV testing; and appro- ‘‘(1) IN GENERAL.—Except as provided in priate medical treatment (including paragraph (2), this section applies upon the propriate counseling on the human antiviral therapy) and support services. expiration of the 120-day period beginning on immunodeficiency virus be made available to (3) The provision of such testing without the date of the enactment of the Ryan White the individual (except in the case of a disclo- access to such counseling, treatment, and CARE Act Amendments of 1995. sure to an official of a State or an authorized agency). services will not improve the health of the ‘‘(2) DELAYED APPLICABILITY FOR CERTAIN IMITATION EGARDING VAILABILITY woman or the child. STATES.—In the case of the State involved, if ‘‘(c) L R A (4) The provision of such counseling, test- the Secretary determines that a requirement OF GRANT FUNDS.—With respect to an activ- ing, treatment, and services can reduce the of this section cannot be implemented in the ity described in any of paragraphs (1) number of pediatric cases of acquired im- State without the enactment of State legis- through (4) of subsection (b), the require- mune deficiency syndrome, can improve ac- lation, then such requirement applies to the ment established by a State under such sub- cess to and provision of medical care for the State on and after the first day of the first section that the activity be carried out ap- woman, and can provide opportunities for calendar quarter that begins after the close plies for purposes of this section only to the counseling to reduce transmission among of the first regular session of the State legis- extent that the following sources of funds adults. lature that begins after the date of the en- are available for carrying out the activity: (5) The provision of such counseling, test- actment of the Ryan White CARE Act ‘‘(1) Federal funds provided to the State in ing, treatment, and services can reduce the Amendments of 1995. For purposes of the pre- grants under subsection (a). overall cost of pediatric cases of acquired ceding sentence, in the case of a State that ‘‘(2) Funds that the State or private enti- immune deficiency syndrome. has a 2-year legislative session, each year of ties have elected to provide, including (6) The cancellation or limitation of health such session is deemed to be a separate regu- through entering into contracts under which insurance or other health coverage on the lar session of the State legislature.’’. health benefits are provided. This section basis of HIV status should be impermissible does not require any entity to expend non- (c) TESTING OF NEWBORNS; PRENATAL TEST- under applicable law. Such cancellation or Federal funds. ING.—Part D (42 U.S.C. 300ff–71 et seq.) is ‘‘(d) DEFINITIONS.—For purposes of this sec- limitation could result in disincentives for amended by inserting before section 2674 the tion, the term ‘authorized agency’, with re- appropriate counseling, testing, treatment, following sections: and services. spect to the placement of a child (including (7) For the reasons specified in paragraphs ‘‘SEC. 2673C. TESTING OF PREGNANT WOMEN AND an infant) for whom a State is a legal guard- (1) through (6)— NEWBORN INFANTS; PROGRAM OF ian, means an entity licensed or otherwise (A) mandatory counseling and voluntary GRANTS. approved by the State to assist in such testing of pregnant women should be the ‘‘(a) PROGRAM OF GRANTS.—The Secretary placement. standard of care; and may make grants to States described in sub- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (B) the relevant medical organizations as section (b) for the following purposes: For the purpose of carrying out this section, well as public health officials should issue ‘‘(1) Making available to pregnant women there is authorized to be appropriated guidelines making such counseling and test- appropriate counseling on HIV disease. $10,000,000 for each of the fiscal years 1996 ing the standard of care. ‘‘(2) Making available to such women test- through 2000. (b) ADDITIONAL REQUIREMENTS FOR ing for such disease. ‘‘SEC. 2673D. TESTING OF PREGNANT WOMEN GRANTS.—Part B (42 U.S.C. 300ff–21 et seq.) is ‘‘(3) Testing newborn infants for such dis- AND NEWBORN INFANTS; CONTIN- amended— ease. GENT REQUIREMENT REGARDING (1) in section 2611, by adding at the end the ‘‘(4) In the case of newborn infants who STATE GRANTS UNDER PART B. following sentence: ‘‘The authority of the test positive for such disease, making avail- ‘‘(a) DETERMINATION BY SECRETARY.—Dur- Secretary to provide grants under this part able counseling on such disease to the par- ing the first 30 days following the expiration is subject to section 2673D (relating to the ents or other legal guardians of the infant. of the 2-year period beginning on the date of testing of pregnant women and newborn in- ‘‘(5) Collecting data on the number of preg- the enactment of the Ryan White CARE Act fants).’’; and nant women and newborn infants in the Amendments of 1995, the Secretary shall (2) by inserting after section 2616 the fol- State who have undergone testing for such publish in the Federal Register a determina- lowing section: disease. tion of whether it has become a routine prac- ‘‘SEC. 2616A. REQUIREMENT REGARDING HEALTH ‘‘(b) ELIGIBLE STATES.—Subject to sub- tice in the provision of health care in the INSURANCE. section (c), a State referred to in subsection United States to carry out each of the activi- ‘‘(a) IN GENERAL.—Subject to subsection (a) is a State that has in effect, in statute or ties described in paragraphs (1) through (4) of (c), the Secretary shall not make a grant through regulations, the following require- section 2673C(b). In making the determina- under this part to a State unless the State ments: tion, the Secretary shall consult with the has in effect a statute or regulations regulat- ‘‘(1) In the case of newborn infants who are States and with other public or private enti- ing insurance that imposes the following re- born in the State and whose biological moth- ties that have knowledge or expertise rel- quirements: ers have not undergone prenatal testing for evant to the determination. ‘‘(1) That, if health insurance is in effect HIV disease, that each such infant undergo ‘‘(b) CONTINGENT APPLICABILITY.— for an individual, the insurer involved may testing for such disease. ‘‘(1) IN GENERAL.—If the determination not (without the consent of the individual) ‘‘(2) That the results of such testing of a published in the Federal Register under sub- discontinue the insurance, or alter the terms newborn infant be promptly disclosed in ac- section (a) is that (for purposes of such sub- of the insurance (except as provided in para- cordance with the following, as applicable to section) the activities involved have become graph (3)), solely on the basis that the indi- the infant involved: routine practices, paragraph (2) applies on H 9054 CONGRESSIONAL RECORD — HOUSE September 18, 1995 and after the expiration of the 18-month pe- (1) in paragraph (1), by inserting before the ‘‘(B) providing to women, infants, and chil- riod beginning on the date on which the de- period the following: ‘‘, and unless the appli- dren health care on an outpatient basis. termination is so published. cant agrees to expend not less than 50 per- ‘‘(2) PROVISIONS REGARDING PARTICIPATION ‘‘(2) REQUIREMENT.—Subject to subsection cent of the grant for such services that are IN RESEARCH.—With respect to the projects of (c), the Secretary shall not make a grant specified in subparagraphs (B) through (E) of research with which an applicant under para- under part B to a State unless the State such paragraph’’; and graph (1) is concerned, the Secretary may meets not less than one of the following re- (2) in paragraph (4), by inserting after not make a grant under such paragraph to quirements: ‘‘nonprofit private entities’’ the following: the applicant unless the following conditions ‘‘(A) The State has in effect, in statute or ‘‘(or private for-profit entities, if such enti- are met: through regulations, the requirements speci- ties are the only available providers of qual- ‘‘(A) The applicant agrees to make reason- fied in paragraphs (1) through (4) of section ity HIV care in the area)’’. able efforts— 2673C(b). SEC. 302. MINIMUM QUALIFICATIONS OF GRANT- ‘‘(i) to identify which of the patients of the ‘‘(B) The State demonstrates that, of the EES. applicant are women, infants, and children newborn infants born in the State during the Section 2652(b)(1)(B) (42 U.S.C. 300ff– who would be appropriate participants in the most recent 1-year period for which the data 52(b)(1)(B)) is amended by inserting after projects; and are available, the HIV antibody status of 95 ‘‘nonprofit private entity’’ the following: ‘‘(ii) to offer women, infants, and children percent of the infants is known. ‘‘(or a private for-profit entity, if such an en- the opportunity to so participate (as appro- ‘‘(c) LIMITATION REGARDING AVAILABILITY tity is the only available provider of quality priate), including the provision of services OF FUNDS.—With respect to an activity de- HIV care in the area)’’. under subsection (f). scribed in any of paragraphs (1) through (4) SEC. 303. MISCELLANEOUS PROVISIONS; PLAN- ‘‘(B) The applicant agrees that the appli- of section 2673C(b), the requirements estab- NING AND DEVELOPMENT GRANTS. cant, and the projects of research, will com- lished by a State under subsection (b)(2)(A) Section 2654 (42 U.S.C. 300ff–54) is amended ply with accepted standards of protection for that the activity be carried out applies for by adding at the end thereof the following human subjects (including the provision of purposes of this section only to the extent subsection: written informed consent) who participate as that the following sources of funds are avail- ‘‘(c) PLANNING AND DEVELOPMENT subjects in clinical research. able for carrying out the activity: GRANTS.— ‘‘(C) For the third or subsequent fiscal year ‘‘(1) Federal funds provided to the State in ‘‘(1) IN GENERAL.—The Secretary may pro- for which a grant under such paragraph is grants under part B. vide planning grants, in an amount not to sought by the applicant, the Secretary has ‘‘(2) Federal funds provided to the State in exceed $50,000 for each such grant, to public determined that— grants under section 2673C. and nonprofit private entities for the pur- ‘‘(i) a significant number of women, in- ‘‘(3) Funds that the State or private enti- pose of enabling such entities to provide fants, and children who are patients of the ties have elected to provide, including early intervention services. applicant are participating in the projects through entering into contracts under which ‘‘(2) REQUIREMENT.—The Secretary may (except to the extent this clause is waived health benefits are provided. This section award a grant to an entity under paragraph under subsection (k)); and does not require any entity to expend non- (1) only if the Secretary determines that the ‘‘(ii) the applicant, and the projects of re- Federal funds.’’. entity will use such grant to assist the en- search, have complied with the standards re- ferred to in subparagraph (B). SEC. 205. STATE APPLICATION. tity in qualifying for a grant under section ‘‘(3) PROHIBITION.—Receipt of services by a Section 2617(b)(2) (42 U.S.C. 300ff–27(b)(2)) is 2651. patient shall not be conditioned upon the amended— ‘‘(3) PREFERENCE.—In awarding grants consent of the patient to participate in re- (1) in subparagraph (A), by striking ‘‘and’’ under paragraph (1), the Secretary shall give search. after the semicolon; preference to entities that provide HIV pri- ‘‘(4) CONSIDERATION BY SECRETARY OF CER- (2) in subparagraph (B), by striking ‘‘and’’ mary care services in rural or underserved TAIN CIRCUMSTANCES.—In administering the after the semicolon; and communities. requirement of paragraph (2)(C)(i), the Sec- (3) by adding at the end thereof the follow- ‘‘(4) LIMITATION.—Not to exceed 1 percent retary shall take into account circumstances ing subparagraphs: of the amount appropriated for a fiscal year in which a grantee under paragraph (1) is under section 2655 may be used to carry out ‘‘(C) a description of the activities carried temporarily unable to comply with the re- this section.’’. out by the State under section 2616; and quirement for reasons beyond the control of ‘‘(D) a description of how the allocation SEC. 304. ADDITIONAL REQUIRED AGREEMENTS. the grantee, and shall in such circumstances and utilization of resources are consistent Section 2664(a)(1) (42 U.S.C. 300ff–64(a)(1)) is provide to the grantee a reasonable period of with a statewide coordinated statement of amended— opportunity in which to reestablish compli- need, developed in partnership with other (1) in subparagraph (A), by striking ‘‘and’’ ance with the requirement.’’; grantees in the State that receive funding after the semicolon; and (2) in subsection (c), by amending the sub- under this title and after consultation with (2) by adding at the end the following sub- section to read as follows: individuals receiving services under this paragraph: ‘‘(c) PROVISIONS REGARDING CONDUCT OF part.’’. ‘‘(C) evidence that the proposed program is RESEARCH.—With respect to eligibility for a SEC. 206. ALLOCATION OF ASSISTANCE BY consistent with the statewide coordinated grant under subsection (a): STATES; PLANNING, EVALUATION, statement of need and that the applicant ‘‘(1) A project of research for which sub- AND ADMINISTRATION. will participate in the ongoing revision of jects are sought pursuant to such subsection Section 2618(c) (42 U.S.C. 300ff–28(c)) is such statement of need.’’. may be conducted by the applicant for the amended— SEC. 305. AUTHORIZATION OF APPROPRIATIONS. grant, or by an entity with which the appli- (1) by striking paragraph (1); Section 2655 (42 U.S.C. 300ff–55) is amended cant has made arrangements for purposes of (2) by redesignating paragraphs (2) through by striking ‘‘$75,000,000’’ and all that follows the grant. The grant may not be expended (5) as paragraphs (1) through (4), respec- and inserting ‘‘such sums as may be nec- for the conduct of any project of research. tively; and essary for each of the fiscal years 1996 ‘‘(2) The grant may not be made unless the (3) in paragraph (3) (as so redesignated), by through 2000.’’. Secretary makes the following determina- adding at the end the following sentences: TITLE IV—GENERAL PROVISIONS tions: ‘‘In the case of entities to which the State ‘‘(A) The applicant or other entity (as the allocates amounts received by the State SEC. 401. COORDINATED SERVICES AND ACCESS case may be under paragraph (1)) is appro- under the grant (including consortia under TO RESEARCH FOR WOMEN, IN- FANTS, AND CHILDREN. priately qualified to conduct the project of section 2613), the State shall ensure that, of (a) IN GENERAL.—Section 2671 (42 U.S.C. research. An entity shall be considered to be the aggregate amount so allocated, the total 300ff–71) is amended— so qualified if any research protocol of the of the expenditures by such entities for ad- (1) in subsection (a), by amending the sub- entity has been recommended for funding ministrative expenses does not exceed 10 per- section to read as follows: under this Act pursuant to technical and sci- cent (without regard to whether particular ‘‘(a) IN GENERAL.— entific peer review through the National In- entities expend more than 10 percent for ‘‘(1) PROGRAM OF GRANTS.—The Secretary, stitutes of Health. such expenses).’’. acting through the Administrator of the ‘‘(B) The project of research is being con- SEC. 207. TECHNICAL ASSISTANCE. Health Resources and Services Administra- ducted in accordance with a research proto- Section 2619 (42 U.S.C. 300ff–29) is amended tion and in consultation with the Director of col to which the Secretary gives priority re- by inserting before the period the following: the National Institutes of Health, shall make garding the prevention and treatment of HIV ‘‘, including technical assistance for the de- grants to public and nonprofit private enti- disease in women, infants, and children. velopment and implementation of statewide ties that provide primary care (directly or After consultation with public and private coordinated statements of need’’. through contracts) for the purpose of— entities that conduct such research, and TITLE III—EARLY INTERVENTION ‘‘(A) providing through such entities, in ac- with providers of services under this section SERVICES cordance with this section, opportunities for and recipients of such services, the Secretary SEC. 301. ESTABLISHMENT OF PROGRAM. women, infants, and children to be partici- shall establish a list of such protocols that Section 2651(b) (42 U.S.C. 300ff–51(b)) is pants in research of potential clinical benefit are appropriate for purposes of this section. amended— to individuals with HIV disease; and The Secretary may give priority under this September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9055 subparagraph to a research protocol that is such sums as may be necessary for each of (B) by redesignating subparagraphs (A) and not on such list.’’; the fiscal years 1996 through 2000.’’. (D) as subparagraphs (B) and (C), respec- (3) by striking subsection (i); SEC. 402. PROJECTS OF NATIONAL SIGNIFI- tively; (4) by redesignating subsections (g) and (h) CANCE. (C) by inserting before subparagraph (B) as subsections (h) and (i), respectively; (a) IN GENERAL.—Part D of title XXVI (42 (as so redesignated) the following subpara- (5) by inserting after subsection (f) the fol- U.S.C. 300ff–71 et seq.) is amended by insert- graph: lowing subsection: ing after section 2673 the following section: ‘‘(A) to train health personnel, including ‘‘(g) ADDITIONAL PROVISIONS.—The Sec- practitioners in programs under this title ‘‘SEC. 2673A. DEMONSTRATION PROJECTS OF NA- retary may not make a grant under sub- TIONAL SIGNIFICANCE. and other community providers, in the diag- section (a) unless the applicant for the grant nosis, treatment, and prevention of HIV dis- ‘‘(a) IN GENERAL.—The Secretary shall agrees as follows: ease, including the prevention of the make grants to public and nonprofit private ‘‘(1) The applicant will coordinate activi- perinatal transmission of the disease and in- entities (including community-based organi- ties under the grant with other providers of cluding measures for the prevention and zations and Indian tribes and tribal organiza- health care services under this Act, and treatment of opportunistic infections;’’; tions) for the purpose of carrying out dem- under title V of the Social Security Act. (D) in subparagraph (B) (as so redesig- onstration projects that provide for the care ‘‘(2) The applicant will participate in the nated), by adding ‘‘and’’ after the semicolon; and treatment of individuals with HIV dis- statewide coordinated statement of need and ease, and that— under part B (where it has been initiated by (E) in subparagraph (C) (as so redesig- ‘‘(1) assess the effectiveness of particular the State) and in revisions of such state- nated), by striking ‘‘curricula and’’; models for the care and treatment of individ- ment.’’; (2) by striking subsection (c) and redesig- uals with such disease; (6) by redesignating subsection (j) as sub- nating subsection (d) as subsection (c); and ‘‘(2) are of an innovative nature; and section (m); and (3) in subsection (c) (as so redesignated)— ‘‘(3) have the potential to be replicated in (7) by inserting before subsection (m) (as so (A) in paragraph (1)— similar localities, or nationally. redesignated) the following subsections: (i) by striking ‘‘is authorized’’ and insert- ‘‘(b) CERTAIN PROJECTS.—Demonstration ‘‘(j) COORDINATION WITH NATIONAL INSTI- ing ‘‘are authorized’’; and projects under subsection (a) shall include TUTES OF HEALTH.—The Secretary shall de- (ii) by inserting before the period the fol- the development and assessment of innova- velop and implement a plan that provides for lowing: ‘‘, and such sums as may be nec- tive models for the delivery of HIV services the coordination of the activities of the Na- essary for each of the fiscal years 1996 that are designed— tional Institutes of Health with the activi- through 2000’’; and ‘‘(1) to address the needs of special popu- ties carried out under this section. In carry- (B) in paragraph (2)— lations (including individuals and families ing out the preceding sentence, the Sec- (i) by striking ‘‘is authorized’’ and insert- with HIV disease living in rural commu- retary shall ensure that projects of research ing ‘‘are authorized’’; and nities, adolescents with HIV disease, Native conducted or supported by such Institutes (ii) by inserting before the period the fol- American individuals and families with HIV are made aware of applicants and grantees lowing: ‘‘, and such sums as may be nec- disease, homeless individuals and families under this section, shall require that the essary for each of the fiscal years 1996 with HIV disease, hemophiliacs with HIV dis- projects, as appropriate, enter into arrange- through 2000’’. ease, and incarcerated individuals with HIV ments for purposes of this section, and shall disease); and SEC. 404. EVALUATIONS AND REPORTS. require that each project entering into such ‘‘(2) to ensure the ongoing availability of Section 2674 (42 U.S.C. 300ff–74) is amend- an arrangement inform the applicant or services for Native American communities ed— grantee under this section of the needs of the to enable such communities to care for Na- (1) in subsection (b)— project for the participation of women, in- tive Americans with HIV disease. (A) in the matter preceding paragraph (1), fants, and children. ‘‘(c) COORDINATION.—The Secretary may by striking ‘‘not later than 1 year’’ and all ‘‘(k) TEMPORARY WAIVER REGARDING SIG- not make a grant under this section unless that follows through ‘‘title,’’ and inserting NIFICANT PARTICIPATION.— the applicant submits evidence that the pro- the following: ‘‘not later than October 1, ‘‘(1) IN GENERAL.—In the case of an appli- posed program is consistent with the appli- 1996,’’; cant under subsection (a) who received a cable statewide coordinated statement of (B) by striking paragraphs (1) through (3) grant under this section for fiscal year 1995, need under part B, and the applicant agrees and inserting the following paragraph: the Secretary may, subject to paragraph (2), to participate in the ongoing revision proc- ‘‘(1) evaluating the programs carried out provide to the applicant a waiver of the re- ess of such statement of need (where it has under this title; and’’; and quirement of subsection (a)(2)(C)(i) if the been initiated by the State). (C) by redesignating paragraph (4) as para- Secretary determines that the applicant is ‘‘(d) REPLICATION.—The Secretary shall graph (2); and making reasonable progress toward meeting make information concerning successful (2) by adding at the end the following sub- the requirement. models developed under this section avail- section: ‘‘(2) TERMINATION OF AUTHORITY FOR WAIV- able to grantees under this title for the pur- ‘‘(d) ALLOCATION OF FUNDS.—The Secretary ERS.—The Secretary may not provide any pose of coordination, replication, and inte- shall carry out this section with amounts waiver under paragraph (1) on or after Octo- gration. available under section 241. Such amounts ber 1, 1998. Any such waiver provided prior to are in addition to any other amounts that ‘‘(e) FUNDING; ALLOCATION OF AMOUNTS.— such date terminates on such date, or on are available to the Secretary for such pur- ‘‘(1) IN GENERAL.—Of the amounts available such earlier date as the Secretary may speci- pose.’’. fy. under this title for a fiscal year for each pro- gram specified in paragraph (2), the Sec- SEC. 405. COORDINATION OF PROGRAM. ‘‘(l) TRAINING AND TECHNICAL ASSISTANCE.— Section 2675 of the Public Health Service Of the amounts appropriated under sub- retary shall reserve 3 percent for making Act (42 U.S.C. 300ff–75) is amended by adding section (m) for a fiscal year, the Secretary grants under subsection (a). at the end the following subsection: may use not more than five percent to pro- ‘‘(2) RELEVANT PROGRAMS.—The programs ‘‘(d) ANNUAL REPORT.—Not later than Octo- vide training and technical assistance to as- referred to in subsection (a) are the program ber 1, 1996, and annually thereafter, the Sec- sist applicants and grantees under sub- under part A, the program under part B, the retary shall submit to the appropriate com- section (a) in complying with the require- program under part C, the program under mittees of the Congress a report concerning ments of this section.’’. section 2671, the program under section 2672, and the program under section 2673.’’. coordination efforts under this title at the (b) CONFORMING AMENDMENTS.—Section Federal, State, and local levels, including a 2671 (42 U.S.C. 300ff–71) is amended— (b) STRIKING OF RELATED PROVISION.—Sec- statement of whether and to what extent (1) in the heading for the section, by strik- tion 2618 (42 U.S.C. 300ff–28) is amended by there exist Federal barriers to integrating ing ‘‘ ’’ and all that fol- striking subsection (a). DEMONSTRATION HIV-related programs.’’. lows and inserting ‘‘COORDINATED SERV- SEC. 403. SPECIAL TRAINING PROJECTS. ICES AND ACCESS TO RESEARCH FOR (a) TRANSFER OF PROGRAM.—The Public TITLE V—ADDITIONAL PROVISIONS WOMEN, INFANTS, AND CHILDREN.’’; Health Service Act (42 U.S.C. 201 et seq.) is SEC. 501. AMOUNT OF EMERGENCY RELIEF (2) in subsection (b), by striking ‘‘pediatric amended— GRANTS. patients and pregnant women’’ and inserting (1) by transferring section 776 from the cur- Paragraph (3) of section 2603(a) (42 U.S.C. ‘‘women, infants, and children’’; and rent placement of the section; 300ff–13(a)(3)) is amended to read as follows: (3) in each of subsections (d) through (f), by (2) by redesignating the section as section ‘‘(3) AMOUNT OF GRANT.— striking ‘‘pediatric’’, each place such term 2673B; and ‘‘(A) IN GENERAL.—Subject to the extent of appears. (3) by inserting the section after section amounts made available in appropriations (c) AUTHORIZATION OF APPROPRIATIONS.— 2673A (as added by section 402(a)). Acts, a grant made for purposes of this para- Section 2671 (42 U.S.C. 300ff–71) is amended in (b) MODIFICATIONS.—Section 2673B (as graph to an eligible area shall be made in an subsection (m) (as redesignated by sub- transferred and redesignated by subsection amount equal to the product of— section (a)(6)) by striking ‘‘there are’’ and all (a)) is amended— ‘‘(i) an amount equal to the amount avail- that follows and inserting the following: (1) in subsection (a)(1)— able for distribution under paragraph (2) for ‘‘there are authorized to be appropriated (A) by striking subparagraphs (B) and (C); the fiscal year involved; and H 9056 CONGRESSIONAL RECORD — HOUSE September 18, 1995 ‘‘(ii) the percentage constituted by the mined under this paragraph for a State for a under this paragraph for a fiscal year is the ratio of the distribution factor for the eligi- fiscal year shall be the product of— following: ble area to the sum of the respective dis- ‘‘(A) the amount available under section ‘‘(A) In the case of the 50 States, the Dis- tribution factors for all eligible areas. 2677 for carrying out this part, less the res- trict of Columbia, and the Commonwealth of ‘‘(B) DISTRIBUTION FACTOR.—For purposes ervation of funds made in paragraph (4)(A) Puerto Rico— of subparagraph (A)(ii), the term ‘distribu- and less any other applicable reservation of ‘‘(i) $100,000, if it has less than 90 cases of tion factor’ means the product of— funds authorized or required in this Act acquired immune deficiency syndrome (as ‘‘(i) an amount equal to the estimated (which amount is subject to subsection (b)); determined under subsection (a)(3)(A)(i)); number of living cases of acquired immune and and deficiency syndrome in the eligible area in- ‘‘(B) the percentage constituted by the ‘‘(ii) $250,000, if it has 90 or more such cases volved, as determined under subparagraph ratio of— (as so determined). (C); and ‘‘(i) the distribution factor for the State; ‘‘(B) In the case of each of the territories of ‘‘(ii) the cost index for the eligible area in- to the United States (other than the Common- volved, as determined under subparagraph ‘‘(ii) the sum of the distribution factors for wealth of Puerto Rico), $0.0.’’. (D). all States. SEC. 503. CONSOLIDATION OF AUTHORIZATIONS ‘‘(C) ESTIMATE OF LIVING CASES.—The ‘‘(3) DISTRIBUTION FACTOR FOR PRINCIPAL OF APPROPRIATIONS. amount determined in this subparagraph is FORMULA GRANTS.—For purposes of para- (a) IN GENERAL.—Part D of title XXVI (42 an amount equal to the product of— graph (2)(B), the term ‘distribution factor’ U.S.C. 300ff–71) is amended by adding at the ‘‘(i) the number of cases of acquired im- means the following, as applicable: end thereof the following section: mune deficiency syndrome in the eligible ‘‘(A) In the case of each of the 50 States, ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- area during each year in the most recent 120- the District of Columbia, and the Common- TIONS. month period for which data are available wealth of Puerto Rico, the product of— ‘‘(a) IN GENERAL.—For the purpose of car- with respect to all eligible areas, as indi- ‘‘(i) the number of cases of acquired im- rying out parts A and B, there are authorized cated by the number of such cases reported mune deficiency syndrome in the State, as to be appropriated such sums as may be nec- to and confirmed by the Director of the Cen- indicated by the number of cases reported to essary for each of the fiscal years 1996 ters for Disease Control and Prevention for and confirmed by the Secretary for the 2 through 2000. Subject to section 2673A and to each year during such period; and most recent fiscal years for which such data subsection (b), of the amount appropriated ‘‘(ii) with respect to— are available; and under this section for a fiscal year, the Sec- ‘‘(I) the first year during such period, .06; ‘‘(ii) the cube root of the ratio (based on retary shall make available 64 percent of ‘‘(II) the second year during such period, the most recent available data) of— such amount to carry out part A and 36 per- .06; ‘‘(I) the average per capita income of indi- cent of such amount to carry out part B. ‘‘(III) the third year during such period, viduals in the United States (including the ‘‘(b) DEVELOPMENT OF METHODOLOGY.—With .08; territories); to respect to each of the fiscal years 1997 ‘‘(IV) the fourth year during such period, ‘‘(II) the average per capita income of indi- through 2000, the Secretary may develop and .10; viduals in the State. implement a methodology for adjusting the ‘‘(V) the fifth year during such period, .16; ‘‘(B) In the case of a territory of the United percentages referred to in subsection (a).’’. (b) REPEALS.—Sections 2608 and 2620 (42 ‘‘(VI) the sixth year during such period, .16; States (other than the Commonwealth of U.S.C. 300ff–18 and 300ff–30) are repealed. ‘‘(VII) the seventh year during such period, Puerto Rico), the number of additional cases (c) CONFORMING AMENDMENTS.—Section .24; of such syndrome in the specific territory, as 2605(d)(1) (as redesignated by section 105(3)), ‘‘(VIII) the eighth year during such period, indicated by the number of cases reported to is amended by striking ‘‘2608’’ and inserting .40; and confirmed by the Secretary for the 2 ‘‘2677’’. ‘‘(IX) the ninth year during such period, most recent fiscal years for which such data SEC. 504. ADDITIONAL PROVISIONS. .57; and is available. (a) DEFINITIONS.—Section 2676(4) (42 U.S.C. ‘‘(X) the tenth year during such period, .88. ‘‘(4) SUPPLEMENTAL AMOUNTS FOR CERTAIN 300ff–76(4)) is amended by inserting ‘‘funeral- ‘‘(D) COST INDEX.—The amount determined STATES.—For purposes of paragraph (1)(B), an service practitioners,’’ after ‘‘emergency in this subparagraph is an amount equal to amount shall be determined under this para- medical technicians,’’. the sum of— graph for each State that does not contain (b) MISCELLANEOUS AMENDMENT.—Section ‘‘(i) the product of— any metropolitan area whose chief elected 1201(a) (42 U.S.C. 300d(a)) is amended in the ‘‘(I) the average hospital wage index re- official received a grant under part A for fis- matter preceding paragraph (1) by striking ported by hospitals in the eligible area in- cal year 1996. The amount determined under ‘‘The Secretary,’’ and all that follows volved under section 1886(d)(3)(E) of the So- this paragraph for such a State for a fiscal through ‘‘shall,’’ and inserting ‘‘The Sec- cial Security Act for the 3-year period imme- year shall be the product of— retary shall,’’. diately preceding the year for which the ‘‘(A) an amount equal to 7 percent of the (c) TECHNICAL CORRECTIONS.—Title XXVI grant is being awarded; and amount available under section 2677 for car- (42 U.S.C. 300ff–11 et seq.) is amended— ‘‘(II) .70; and rying out this part for the fiscal year (sub- (1) in section 2601(a), by inserting ‘‘sec- ‘‘(ii) .30. ject to subsection (b)); and tion’’ before ‘‘2604’’; ‘‘(E) UNEXPENDED FUNDS.—The Secretary ‘‘(B) the percentage constituted by the (2) in section 2603(b)(4)(B), by striking ‘‘an may, in determining the amount of a grant ratio of— expedited grants’’ and inserting ‘‘an expe- for a fiscal year under this paragraph, adjust ‘‘(i) the number of cases of acquired im- dited grant’’; the grant amount to reflect the amount of mune deficiency syndrome in the State (as (3) in section 2617(b)(3)(B)(iv), by inserting unexpended and uncanceled grant funds re- determined under paragraph (3)(A)(i)); to ‘‘section’’ before ‘‘2615’’; maining at the end of the most recent fiscal ‘‘(ii) the sum of the respective numbers de- (4) in section 2618(b)(1)(B), by striking year for which the amount of such funds can termined under clause (i) for each State to ‘‘paragraph 3’’ and inserting ‘‘paragraph (3)’’; be determined using the required financial which this paragraph applies. (5) in section 2647— status report. The amount of any such unex- ‘‘(5) DEFINITIONS.—For purposes of this sub- (A) in subsection (a)(1), by inserting ‘‘to’’ pended funds shall be determined using the section and subsection (b): before ‘‘HIV’’; financial status report of the grantee. ‘‘(A) The term ‘State’ means each of the 50 (B) in subsection (c), by striking ‘‘section ‘‘(F) PUERTO RICO, VIRGIN ISLANDS, GUAM.— States, the District of Columbia, and the ter- 2601’’ and inserting ‘‘section 2641’’; and For purposes of subparagraph (D), the cost ritories of the United States. (C) in subsection (d)— index for an eligible area within Puerto Rico, ‘‘(B) The term ‘territory of the United (i) in the matter preceding paragraph (1), the Virgin Islands, or Guam shall be 1.0.’’. States’ means each of the Virgin Islands, by striking ‘‘section 2601’’ and inserting SEC. 502. AMOUNT OF CARE GRANTS. Guam, American Samoa, the Commonwealth ‘‘section 2641’’; and Section 2618 (42 U.S.C. 300ff–28), as amended of the Northern Mariana Islands, the Com- (ii) in paragraph (1), by striking ‘‘has in by section 402(b), is amended by striking sub- monwealth of Puerto Rico, and the Republic place’’ and inserting ‘‘will have in place’’; section (b) and inserting the following sub- of the Marshall Islands. (6) in section 2648— sections: ‘‘(b) MINIMUM AMOUNT OF GRANT.— (A) by converting the heading for the sec- ‘‘(a) AMOUNT OF GRANT.— ‘‘(1) IN GENERAL.—Subject to the extent of tion to boldface type; and ‘‘(1) IN GENERAL.—Subject to subsection (b) the amounts specified in paragraphs (2)(A) (B) by redesignating the second subsection (relating to minimum grants), the amount of and (4)(A) of subsection (a), a grant under (g) as subsection (h); a grant under this part for a State for a fis- this part for a State for a fiscal year shall be (7) in section 2649— cal year shall be the sum of— the greater of— (A) in subsection (b)(1), by striking ‘‘sub- ‘‘(A) the amount determined for the State ‘‘(A) the amount determined for the State section (a) of’’; and under paragraph (2); and under subsection (a); and (B) in subsection (c)(1), by striking ‘‘this ‘‘(B) the amount determined for the State ‘‘(B) the amount applicable under para- subsection’’ and inserting ‘‘subsection’’; under paragraph (4) (if applicable). graph (2) to the State. (8) in section 2651— ‘‘(2) PRINCIPAL FORMULA GRANTS.—For pur- ‘‘(2) APPLICABLE AMOUNT.—For purposes of (A) in subsection (b)(3)(B), by striking ‘‘fa- poses of paragraph (1)(A), the amount deter- paragraph (1)(B), the amount applicable cility’’ and inserting ‘‘facilities’’; and September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9057 (B) in subsection (c), by striking ‘‘exist’’ of HIV across the country, some States opportunistic infections, and that meet and inserting ‘‘exists’’; were seeing significant increases in basic primary care needs—and that it (9) in section 2676— their number of HIV–AIDS cases but targets assistance to those people least (A) in paragraph (2), by striking ‘‘section’’ did not have any one area with enough likely to be able to afford such services and all that follows through ‘‘by the’’ and in- serting ‘‘section 2686 by the’’; and cases to qualify as an eligible metro- themselves. At a time when funding (B) in paragraph (10), by striking ‘‘673(a)’’ politan area. Our goal was to provide will continue to be limited, it is impor- and inserting ‘‘673(2)’’; these States with very needed addi- tant that all services programs focus (10) in part E, by converting the headings tional funds without shifting large on the primary care of people with for subparts I and II to Roman typeface; and amounts of money from other States HIV. (11) in section 2684(b), in the matter preced- with a high percentage of AIDS cases. This legislation does contain some ing paragraph (1), by striking ‘‘section We tried to balance the need for addi- controversial items. The inevitable dis- 2682(d)(2)’’ and inserting ‘‘section 2683(d)(2)’’. tional money with our concern that putes over formulas among cities and TITLE VI—EFFECTIVE DATE services currently being provided to States appear here, as they have done SEC. 601. EFFECTIVE DATE. people with AIDS not be disrupted. The and will continue to do in so much leg- Except as provided in section 101(a), this bill ensures that all States will receive islation before this Congress. The for- Act takes effect October 1, 1995. at least the current dollar amount ap- mulas contained in this bill represent a The SPEAKER pro tempore. Pursu- propriated to them. And many States good faith effort to provide basic care ant to the rule, the gentleman from will receive increases over what they to all Americans with HIV, and this Florida [Mr. BILIRAKIS] will be recog- are currently receiving—no State will bill is a balanced political compromise. nized for 20 minutes, and the gen- lose money. In addition, this legislation contains tleman from California [Mr. WAXMAN] I urge my colleagues to support H.R. compromise provisions regarding the will be recognized for 20 minutes. 1872, but, before I reserve the balance testing of newborns that I have worked The Chair recognizes the gentleman of my time, at this point I would like out with the gentleman from Okla- from Florida [Mr. BILIRAKIS]. to express my appreciation to the homa [Mr. COBURN]. Although the so- Mr. BILIRAKIS. Mr. Speaker, I yield staffs, the staff of the majority of the called Coburn-Waxman amendment myself such time as I may consume. subcommittee, Melody Harned, and bears my name, I do have many res- (Mr. BILIRAKIS asked and was given also to the staff of the gentleman from ervations about this provision, as, I am permission to revise and extend his re- California [Mr. WAXMAN] and other sure, does the gentleman from Okla- marks.) people who helped us to craft this very, homa. It deals with an issue about Mr. BILIRAKIS. Mr. Speaker, H.R. very needed bill and to handle the con- which there are profound differences in 1872, as amended, exemplifies a true bi- troversy, if I can call it that, that in- approach, which cannot be smoothed partisan effort which included Chair- volved the testing of newborns. over. However, I believe the com- man TOM BLILEY, Ranking Minority Mr. Speaker, I reserve the balance of promise approach embodied in this bill Member JOHN DINGELL, Subcommittee my time. is necessary to move the Ryan White Ranking Minority Member HENRY Mr. WAXMAN. Mr. Speaker, I yield reauthorization forward and I urge WAXMAN, and myself. The bill before us myself such time as I may consume. Members to support it today. represents the bill as reported out of (Mr. WAXMAN asked and was given Let me be clear at the outset: We do the Commerce Committee with tech- permission to revise and extend his re- not disagree about the ultimate goals nical and clarifying changes and an marks.) here. Mr. COBURN and I both want to amendment negotiated by Congress- Mr. WAXMAN. Mr. Speaker, I rise in reduce the number of HIV infections men COBURN and WAXMAN regarding support of the motion to suspend the passed from mother to infant, and we HIV testing of newborns. rules, and I urge my colleagues to sup- have agreed that the most effective The Ryan White Care Act was first port the bill. The bill has passed the means of achieving that goal is coun- enacted into law in 1990 to provide Senate, was reported by the Commerce seling and voluntary testing of preg- emergency relief to areas hardest hit Committee unanimously, and it should nant women. This agreement is re- by the AIDS epidemic and to provide be acted on expeditiously by the House. flected in the findings of the Coburn- essential health services to individuals The Ryan White program was origi- Waxman provisions. afflicted by HIV and AIDS. This reau- nally enacted in 1990 to respond to the Mr. COBURN and I also agree that we thorization has provided the first op- crisis in AIDS health services in Amer- want to reduce the rate of preventable portunity to evaluate how the program ica’s cities and States, and in its clin- pneumonia and other illnesses among is working. Generally, I believe the ics and hospitals. This act has been a HIV-infected infants and to improve program is working as intended. The great success. their health care. Where we have dif- bill before us makes modifications and Outpatient services are now available ferences is the most effective way of clarifications to respond to the changes as an alternative to expensive hospital achieving the goal. in the AIDS epidemic over the last 5 care; prescription drugs are provided to During the committee’s consider- years. people who have no other source of cov- ation of this bill, an amendment was Some of the key provisions of H.R. erage; early intervention treatments offered by Mr. COBURN that would have 1872 include: Modifications to both the can be given to keep people healthy required all States to initiate the man- title I and title II formulas; conflict of longer; and, effective service programs datory testing of all newborns imme- interest provisions for title I planning for mothers and children are up and diately. I opposed that amendment, as councils; priority for supplemental running, programs which also coordi- did a wide variety of health and medi- grants to areas with greater prevalence nate their activities with research or- cal groups. I asked the gentleman from of specified comorbidity factors; and ganizations to assure that appropriate Oklahoma to withdraw his amendment limits on administrative costs. In addi- research opportunities are available to and to work with me to produce an tion, the bill includes a requirement their clients. amendment that would provide alter- that all four titles contribute 3 percent This law has improved health care natives to the mandatory approach. to the Projects of National Signifi- for people with AIDS and HIV all over I am gratified to say that he was cance; clarification that the intent of the country. willing to do so and that our staffs title IV is to increase the number of This bill renews the authorization for have worked since that time to come women and children in clinical re- these successful programs and fine to some agreement. The provisions re- search projects; transfer of the dental tunes the response to the new and flected in this bill are the product of reimbursement program from title 7 of changing needs of the epidemic. I’m es- that work. the Public Health Service Act; and re- pecially pleased to say that this legis- This provision is not perfect by any authorization of all programs at such lation, and the committee report that means. As I say, I have serious con- sums through fiscal year 2000. accompanies it, emphasize those basic cerns about its possible effects. Clearly, one of the most difficult is- services that people with HIV need I believe that voluntary programs of sues we faced was the funding formulas most—the services that slow the HIV testing of infants would result in for title I and II. Because of the spread progress of the disease, that prevent more infants receiving the care needed H 9058 CONGRESSIONAL RECORD — HOUSE September 18, 1995 to prevent pneumonia and improve Many of my colleagues, from both 50,000. I believe that we must address their health. sides of the aisle, support the Coburn- the serious problems associated with I believe that mothers who are highly Waxman amendment that may require AIDS in all pockets of this country, encouraged to have their babies tested States to provide testing of newborns if not just the ones that are most visible. will be better partners in the lifelong it is determined to be the medical It is for this reason that I support in- medical care of these children than standard of care. I hope that their en- clusion of the Senate passed title II will mothers who are required to do so. thusiasm for testing will be reflected distribution formula. And I remain very concerned that the in equal enthusiasm for assuring that By adopting the Senate title II for- emphasis on newborn testing will di- the health care services are paid for. mula, the conference committee has an vert attention and resources from the Finally, the Coburn-Waxman amend- opportunity to put a stop to unfair more important goal of encouraging ment includes provisions about health double counting. In effect, double pregnant women to be tested them- insurance. These provisions repeat the counting places a higher priority on selves in time to provide care that will protections that the Americans With the needs of AIDS patients in 42 metro- reduce the chance that the baby will be Disabilities Act provides for people politan areas than it does the needs of infected. with any disability, in any employ- AIDS victims across the rest of Amer- But I believe that the Coburn-Wax- ment setting. It was believed to be ap- ica. After all, who are we to geographi- man amendment is a significant im- propriate to repeat these protections cally prioritize the value of American provement over other proposals that here so that anyone concerned that lives. have been considered. This provision HIV testing would be used inappropri- As I have become more familiar with postpones requirements that a State ately could see the testing provision the horrors of this disease, I am acute- mandatorily test all newborns until a and the protection in one place. ly aware of the need for AIDS funding, time when it is agreed such mandatory In addition, the provision describes and I appreciate the efforts of the testing is the recommended standard of how insurers may respond if fraud was chairman to craft a bill which address- medical care. Some believe that day committed. It is my clear understand- es this growing concern. I hope that will inevitably come, but, at this time, ing that this provision does not over- the conference committee will go one virtually all medical groups oppose the ride any ADA, State law, or NAIC pro- step further by adopting a title II for- practice. visions that limit what may be asked mula which looks to the needs of all The provision also gives States 2 for a person seeking insurance or hold- AIDS victims, and helps to prevent the years to develop effective alternatives ing insurance. These provisions are in- spread of this dreadful disease in both to mandatory testing. If, after that cluded to provide clear consumer pro- urban and rural areas. time, mandatory testing is determined tection and to allow insurers to re- Mr. Speaker, I along with other to be the routine of practice and if the spond appropriately if there is fraud in Members of the Commerce Committee, State is not reaching most of its in- the answering of a permissible ques- urge this body to support the reauthor- fants, the State will have up to 18 tion. For instance, the National Asso- ization. I encourage the chairman and months to enact a mandatory testing ciation of Insurance Commissioners the ranking minority member to fight law. and many States have regulations re- in Congress for the Senate formula so I support the Coburn-Waxman stricting what can be asked of a person that all areas of this country can be amendment as far preferable to the al- who is insured or seeking insurance. represented. ternative of an immediately effective The insurance provisions of the Mr. WAXMAN. Mr. Speaker, I yield 2 requirement of mandatory testing. I Coburn-Waxman amendment provide minutes to the gentlewoman from Cali- thank the gentleman from Oklahoma additional protection for these con- fornia [Ms. PELOSI]. for his willingness to work with me on sumers and are not intended to undo this more flexible approach. Ms. PELOSI. Mr. Speaker, I thank the NAIC and State actions. the gentleman for yielding me time. I I also want to take this moment to In conclusion, I would note for my rise in support of the reauthorization remind my colleagues why this action colleagues that this bill was reported of the Ryan White Care Act, and in is taking place. Over the past year, new from the Commerce Committee unani- doing so commend the gentleman from research developments have made it mously. Whatever the differences Florida, Chairman BILIRAKIS, and the possible to prevent pneumonia and among us on other issues, we have gentleman from California, the rank- other diseases in newborns. That is come together to reauthorize this pro- ing member, Mr. WAXMAN, for their why the question of testing babies is gram of AIDS health care services and leadership in bringing this bill today to being debated and legislated about. to assure those who depend on it that the Floor in a bipartisan fashion. In addition, there have been research it will continue. I urge my colleagues Originally enacted in 1990, with breakthroughs that are truly good to do so today. news about the possibility of reducing Finally I would like to thank the strong bipartisan support then, this HIV transmission from mother to staff involved for their diligent work program provides assistance for health child. That is what the findings of this on this important bill. Karen Nelson, care with people with AIDS. Congress bill are about, stating that voluntary Kay Holcombe, Melody Harned, Mark should take great pride in its actions prenatal testing should be the standard Agrast, Roland Foster, and Peter in regard to the Ryan White CARE Act, of care. This is not about testing Goodloe have put in many long hours both in the past 5 years and in the leg- newborns, but it has often been dis- on this legislation and I want to ex- islative activity that is happening cussed in the same breath. press my appreciation to them. today. But both of these possibilities—pre- The Ryan White program provides venting HIV through prenatal services b 1515 vital grants to metropolitan areas with and preventing disease in infected Mr. BILIRAKIS. Mr. Speaker, I yield high numbers of AIDS cases for out- newborns through early intervention such time as he may consume to the patient health care and social services. services—require services. Testing is distinguished gentleman from North In the coming year, 49 cities will re- not the answer; medical care is. Test- Carolina [Mr. BURR]. ceive direct emergency assistance ing without care will make no dif- Mr. BURR. Mr. Speaker, I rise today through a formula grant, and will be ference. Testing without treatment is a to offer support for the passage of the eligible to compete for supplemental cruel hoax on everyone concerned. Ryan White CARE Act. I strongly sup- funds to assist with meeting the health And, in truth, most of the care for port the intent of this legislation, but care needs of people with AIDS. HIV-infected pregnant women and chil- have some strong concerns about the Mr. Speaker, as Chairman BILIRAKIS dren come from one source—Medicaid. inequitable distribution of funds to mentioned in his opening remarks, the I hope that as my colleagues move to non-title I areas. Ryan White program also provides reshape the Medicaid Program, that Currently, there is a 15 percent in- comprehensive care grants to states for they will remember that there are crease in the incidence of AIDS in rural the operation of HIV service delivery services that we can all agree should be areas. This is far greater than the 5 consortia in localities most heavily af- available to poor people. percent increase in cities of more than fected, for the provision of home and September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9059 community-based care, for the continu- AIDS. We have either known a family Speaker. For years our country has ation of insurance coverage for in- member, a friend, or a coworker who been testing newborn infants anony- fected persons, and for purchase of either has lost their life or is presently mously to determine whether or not therapeutic drugs. suffering from this disease. Just yes- they have their mother’s antibodies for In addition, the Ryan White CARE terday in Wisconsin over 10,000 people HIV and then allowing those infants Act provides grants to community, mi- marched, the largest ever in the State and mothers to go home from the hos- grant and homeless health centers, of Wisconsin, in their AIDS walk. This pital, never being told that the child family granting grantees, hemophilia coming Saturday, here in Washington, tested positive, never allowing that centers and other nonprofit entities DC, the AIDS walk will be held again, child, that newborn infant, to access that provide comprehensive primary and many people, myself included, will the medical system so that his or her care services to people with AIDS or join that effort at a time when our Na- young life might be made a little bit population at increased risk for HIV in- tion’s Capital is more challenged by re- more comfortable. spection. sources to fight AIDS than ever before Usually, the first time that that Mr. Speaker, separate grants are also in its history. mother, whose child had been tested made to foster collaboration between And so, Mr. Speaker, this year, as we for six or seven other kinds of diseases, clinical research institutions and pri- reauthorize Ryan White, we do not just such as hepatitis B, or syphilis, or so mary community-based medical and continue the programs, but we recog- many other things, was told that the social service providers for the target nize that rural America, that small child tested positive to anything that population of HIV infected children, States as well as big cities and popu- the States required testing for but we pregnant women, and their families. lace areas, all have been touched by were silent, absolutely silent if the Mr. Speaker, since 1981, my commu- AIDS and the funding formulas need to child tested positive for the mother’s nity of San Francisco has reported and do recognize that. My home State antibodies to HIV, that mother 22,000 cases of AIDS. Imagine if this of Wisconsin, under this funding for- thought she was taking home an other- happened in your district, my col- mula will receive over $600,000 more an- wise healthy child, the next time that leagues; 14,600 deaths. You can see how nually than they have under the pre- that child often appeared in the health grateful we are to the leaders of the vious act. care system was when he or she began committee for this as well as the fact As we pass this legislation, let us re- dying of AIDS. That is absolutely un- that this is a national tragedy. We do member, as Mary Fisher so eloquently conscionable. not want our colleagues to experience has said, we are all pilgrims in the road And that test, Mr. Speaker, has now the tragedy we have had in our commu- to AIDS. Each of us today has a chance been stopped. But we must deal with nity. in a small way to do our part. this problem, the problem of trans- I commend our colleagues for their Mr. WAXMAN. Mr. Speaker, I yield 7 mission to thousands of young lives, leadership in bringing this to the floor minutes to the gentleman from New newborn infants. And how do we do and laying the foundation for a com- York [Mr. ACKERMAN]. that? First, we try to get the mothers promise on other issues. (Mr. ACKERMAN asked and was to undergo voluntary testing. But in Mr. BILIRAKIS. Mr. Speaker, I yield given permission to revise and extend some cases the mothers do not volun- such time as he may consume to the his remarks.) teer. We are all hopeful there will be gentleman from Wisconsin [Mr. GUN- Mr. ACKERMAN. Mr. Speaker, I rise 100 percent who would be willing to DERSON]. today in the strongest of support for know what their status is and what the (Mr. GUNDERSON asked and was H.R. 1872, the Ryan White CARE Act status of their newborn infant is, but given permission to revise and extend amendments of 1995. By adopting this that does not happen. Some mothers his remarks.) legislation today, we can stop sending show up at the health care system the Mr. GUNDERSON. Mr. Speaker, let women and infants home from the hos- very first time when she is about to de- me begin by saying a special thank you pital without knowing their HIV sta- liver. Other mothers, for whatever rea- to the gentleman from Florida, Chair- tus. Language included in this bill for sons, decide they do not want to know man BILIRAKIS, to the gentleman from the first time would require all themselves and refuse testing. Virginia, Chairman BLILEY, to the gen- newborns in America to be tested for What happens to the children of tleman from California, Mr. WAXMAN, HIV if the infant’s mother was not vol- those mothers should they be con- and others for bringing up this legisla- untarily tested during her pregnancy. demned to death? Should not somebody tion today. it is essential we pass this Mr. Speaker, H.R. 1872 encourages be advocating for those young people? before the end of the month, and, obvi- voluntary HIV counseling, testing, and If their mothers are not advocating for ously, that time clock is ticking. treatment of pregnant women as rec- them, who will act in loco parentis? Mary Fisher, an active well-known ommended by the Centers for Disease For the first time, Mr. Speaker, we ad- Republican who spoke so eloquently to Control and forbids insurance compa- dress that problem, and, hopefully, it the Nation at the Republican National nies for terminating the insurance of will be a very, very small percentage, Convention in 1992 talks often about anybody who undergoes tests for AIDS. because those mothers will undergo pilgrims in the road to AIDS. Today I want to pay special tribute today to voluntary counseling and testing. each one of us, in our own small way, the gentleman from Virginia, Chair- What we do in this legislation, which are able to be one of those pilgrims. We man BLILEY, and the gentleman from this House should be so proud of, is we are about to do a small part in this Michigan, Mr. DINGELL, the gentleman take all of those infants whose moth- fight. from Florida, Chairman BILIRAKIS, the er’s status is not known, which is, We have learned a lot as we deal with gentleman from California, Mr. WAX- hopefully, a very small number, and the reauthorization of Ryan White. We MAN, and especially the gentleman make sure that they get tested. Some have learned that the cure is much from Oklahoma, Dr. COBURN, for his have advocated that the mother has a harder to find, the services are much tireless efforts on behalf of this legisla- right to privacy, and in testing the harder to fund, and that the fighters, tion. child we have inadvertently or delib- the pilgrims in this fight, are much Mr. Speaker, make no mistake about erately tested the mother to determine more tired than they were 4 or 5 years it, with regard to this aspect of the leg- her status, and that the mother has a ago. Recognizing all of that, I think we islation, there is not a person that I right to remain ignorant of her status have also learned in this reauthoriza- have met who does not prefer to en- if she so chooses. That may be so, but tion that AIDS is no longer unique to courage every pregnant woman in the child has a right to live. big cities. It is no longer unique to the America to voluntarily be tested, to In this complex and complicated so- gay community. It is no longer unique know her HIV status so that she might ciety, so often rights conflict. We must just to the low income. It touches ev- be treated with AZT, so that in at least make tough decisions, and we have erybody in a different way. 65 percent of the cases the in utero made this decision before, certainly in Mr. Speaker, my guess is that every transmission of the virus will not be the case of those mothers, in those person on Capitol Hill in some way, passed on to the yet-to-be-born child. cases where a family has their own re- shape or form has been touched by This has been a national tragedy, Mr. ligious beliefs and does not believe in H 9060 CONGRESSIONAL RECORD — HOUSE September 18, 1995 medical intervention and their religion AIDS also hits the minority commu- Since then, AIDS has become the primary calls for the divine intervention in- nities especially hard, with African- cause of death of men and women in the stead. If the life of the child is threat- Americans in Palm Beach County prime of their lives. Nearly half a million cases ened and the mother refuses to allow being 10 times more likely to be in- have been reported to the Center for Disease the medical community to assist the fected with HIV than whites. Control and Prevention, and nearly half that child because of her religion, we have Mr. Speaker, it is important we con- number have died since the first case was for- made the decision that the life of the tinue the educational process. It is im- mally recognized in the early 1980's. child takes precedence. Every ethical portant that we stress to our youth in Included in those grim statistics are two panel has made that decision. Cer- America that abstinence is the only former Members of this House and many tainly if the right of the child to sur- way to preserve and protect yourself. members of our families and our official family. Mr. Speaker, it is critical we preserve vive is more important than the con- Notwithstanding the recent comments of the partnership we have carved be- stitutional right of freedom of religion, some public figures, most of us now recognize tween the Federal, State, and local certainly it is equally important as the that the AIDS virus is indifferent to the social mother’s right to remain ignorant. governments in the fight against AIDS. Through the cooperation of private boundaries which separate us from one an- b 1530 and public efforts on all levels, the other. It does not discriminate by race or CARE Act has been instrumental in creed or sexual orientationÐor even by party We deal with this problem squarely affiliation. in this legislation. And I want to cau- helping meet the emergency medical and support needs of communities im- Most of us understand that this is one of tion this House, because this legisla- those occasions which require us to put aside tion has been brought together by peo- pacted by the AIDS epidemic. These funds all provide needed assist- our differences and deal thoughtfully and hu- ple who are liberals and conservatives, manely with a crisis that affects us all. Republicans and Democrats, parents ance to help keep thousands of men, The effort to reauthorize this legislation has and not, people of good will, but this women, and children affected by AIDS been a long and difficult process. It has been, should not be just delivering the moth- healthy and living longer. Since the CARE Act is set to expire from first to last, a bipartisan effort, and I com- er a death certificate and saying, on September 30, 1995, reauthorization mend Chairman BLILEY, the ranking member, ‘‘Your child is ill and is going to die.’’ is urgent to ensure there is no disrup- Mr. DINGELL, our subcommittee chairman, Mr. There is no substitution for care. tion in services for those suffering with BILIRAKIS, and the ranking member, Mr. WAX- There is no substitution for treatment. AIDS across the country. MAN, for all they have done to bring the bill to There is no substitution for the kind of Mr. Speaker, I ask my colleagues to the floor. resources this Nation is going to have join me in support of the Ryan White to put behind any effort to eliminate I urge my colleagues to join together in that CARE Act—it is a vital national in- spirit to pass the bill and send it to conference and eradicate this dreaded disease. I vestment for all Americans. urge all of our colleagues in the House at the earliest possible date. Ms. WOOLSEY. Mr. Speaker, with AIDS Mrs. MINK of Hawaii. Mr. Speaker, today I to support this legislation. For the now the leading killer of Americans between very first time since the Ryan White rise in strong support of H.R. 1872, the reau- the ages of 25 and 44, it is more important thorization of the Ryan White CARE Act. This bill has been enacted in this House, we than ever that we move forward, and do not deal with the problem of those newest legislation has proven to be successful in retreat, in the fight against AIDS. To that end, helping those with HIV/AIDS receive adequate of Americans, those newborn citizens, swift reauthorization of the Ryan White CARE who before had no access to the health health care. Act is crucial. Over the past 14 years we have watched care system, had no access to Ryan The district I represent in California, Marin helplessly as this disease was transformed White money, and we treat them the and Sonoma Counties, is one of the hardest from that of an unknown virus into a killer of same as if they were anybody else. I hit by the AIDS epidemic. In fact, it has one epidemic proportions. We all know the num- think that is pretty important. of the highest incidence of HIV infection for a bers. AIDS has now infected over 400,000 Mr. Speaker, I thank all of those who suburban/rural area in the country. While com- Americans. It has become the leading killer of have worked on this legislation, and munities in my district have developed HIV/ all Americans ages 25±44. My own State of urge strongly passage of this bill. AIDS care and prevention systems that are a Hawaii has had over 1,400 total AIDS cases, Mr. BILIRAKIS. Mr. Speaker, I yield model for the Nation, they simply cannot do it 250 of which were reported over the past such time as he may consume to the on their own. That is why the care and serv- year. As striking as these numbers may be, gentleman from Florida [Mr. FOLEY]. ices funded under the Ryan White CARE Act they only tell a small part of the story. Mr. FOLEY. Mr. Speaker, I thank the are essential to the men, women, children, gentleman from Florida for yielding and families living with HIV and AIDS in Marin AIDS is unlike any other disease we have and for his leadership on this issue. and Sonoma Counties, CA, and in every com- ever encountered. In addition to having to deal Mr. Speaker, I rise in support of the munity in this Nation. with the day-to-day effects of their condition, Ryan White Care Act amendments of The CARE Act has proven to be highly suc- AIDS victims must also confront daily discrimi- 1995. I stress that the Ryan White Care cessful at delivering quality AIDS-related care nation brought on by fear and lack of aware- Act as been passed by the Senate 97 to in cost-effective home and community-based ness. Unlike cancer and heart disease which 3. settings, rather than in expensive emergency primarily occur later in life, AIDS usually Since its enactment in 1990, the rooms and acute care hospital settings. It strikes its victims in their prime. As a result, CARE Act has been a vital lifeline of keeps people healthy, and lets them live and they are robbed of their quality of life, they are comprehensive medical and support die with dignity in their homes, thus reducing robbed of their opportunity to reach their full services for Americans living with HIV the amount that State and Federal Govern- potential as productive members of society, and AIDS. ments spend on Medicaid. and their Nation is robbed of a group of indi- While progress has been made in edu- Mr. Speaker, any way you look at it, the viduals at an age when they are most likely to cating citizens about this deadly dis- Ryan White CARE Act is a wise national in- contribute to our economy, to our work force ease, the statistics are grim: AIDS has vestment that must be continued. I urge the and to our communities. I firmly believe that become the leading killer of young men House to renew its commitment to the fight the Federal Government must step forward to and women between the ages of 25 and against AIDS by giving the Ryan White CARE offer the strongest possible response to this 44. Act reauthorization the widespread and biparti- terrible epidemic. Regrettably, one American becomes san support it deserves. Prior to 1990, most Federal AIDS funding infected with HIV every 15 minutes and Mr. STUDDS. Mr. Chairman, as a cospon- went toward research programs with the hope is spreading most rapidly among sor of H.R. 1872, I rise to express my strong of learning more about the disease. Health women, adolescents and within minor- support for the bill. care costs for treating AIDS have been rising ity communities. Some 5 years ago, I joined with colleagues astronomically. As a result, AIDS has also be- My home district of Florida has been on both sides of the aisle in passing the Ryan come detrimental to its victims from an eco- severely devastated by this deadly dis- White Care Act. Since then, this legislation nomic standpoint. It was not until the imple- ease, with the city of West Palm Beach has been a lifeline to hundreds of thousands mentation of the Ryan White CARE Act that having the second highest case rate of of people in States and communities across money was first made available to help treat HIV infections in females. the United States. the victims of this deadly disease. Since that September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9061 time we have helped provide essential treat- becoming infected in the first place. So far we tween 800,000 and 1 million Americans are ment and services for needy AIDS patients have failed to effectively reach out to women currently HIV infected; and close to 100 Amer- with resounding success. and inform them of their risks for HIV and its icans will die from the disease each day. I would like to take this opportunity to ex- potential impact on their lives. For this reason, Our urban epicenters have become deposi- press my concern over the language being I have introduced legislation since 1990 tories for AIDS/HIV-infected persons. My own proposed by my colleague from Oklahoma re- targeting prevention efforts to women. And my State of New York has nearly 20 percent of garding mandatory testing of newborns. I firm- colleague from California, Congresswoman reported AIDS cases in the U.S., although the ly believe that we must test for this disease as PELOSI, worked tirelessly with CDC to craft the State holds only 7 percent of the Nation's pop- soon as possible. The sooner we can detect HIV Community Planning process to ensure ulation. Moreover, in New York City, AIDS is the virus in newborns, the higher a quality of that HIV prevention funding is targeted to the among the top five causes of death for chil- life they can expect to lead. In fact, if we can particular needs of local communities and that dren up to 9 years of age. And by the year treat an infected mother with AZT prior to prevention plans are developed and imple- 2000, it is estimated that 30,000 children will pregnancy, we reduce the risk of transmitting mented by community-based organizations be orphaned by AIDS in New York City. the virus to the infant by almost one-third. that know best what works for the specific It is in our common interest, socially, medi- However, I question whether or not we can populations they serve. cally and fiscally, to fully fund the Ryan White accomplish this by simply mandating testing. In addition, the CDC guidelines for routine CARE Act. Ryan White CARE programs have Mandatory testing violates the civil liberties of counseling and voluntary, confidential testing become integral components of the entire the woman and may produce the opposite re- of pregnant women will provide access to health care system. By providing early inter- sponse by driving them out of medical care. early interventions that will actually prevent vention, housing assistance and case man- We need to take into account the psycho- perinatal transmission, and link them to HIV agement to some of our most fragile citizens, logical ramifications of this disease by imple- care and services. Most medical and public these programs have effectively and efficiently menting testing methods which are not as co- health groups support a voluntary testing pol- served as their safety net. ercive. This can be accomplished by working icy. During the subcommittee hearing in May, The impact of these programs is evident ev- with these women to offer them adequate representatives of the American Academy of erywhere including New York State. Despite counseling and voluntary testing. Pediatrics and the American College of Obste- the fact that the number of people living with I adamantly urge my colleagues to vote to tricians and Gynecologists testified in support AIDS in New York doubled between 1989 and 1992, the number hospitalized increased by reauthorize this most important program. of a voluntary testing policy. While we must be sure to allocate adequate Preserving a patient-provider relationship of less than one third. In the State, Ryan White resources for AIDS research and prevention, trust is essential to keeping women in the HIV home care services average a cost of we must also be sure to do all that we can to health care system. And, clearly, it is women $194 per day, while 1 day at the hospital costs help lessen the burden on those already in- who have the greatest investment in the $993 and nursing home care costs $424 per day. At the very least, we would be fiscally ir- fected with the virus. We took a huge step for- health and well-being of their children. Many responsible to ignore these facts. ward 5 years ago toward this goal by passing voluntary counseling and testing programs Without a doubt, the scope of this crisis exist, at Harlem Hospital and others; the phy- the Ryan White CARE Act. This program has merits the full employment of Federal re- sicians who run these programs will tell you successfully helped needy AIDS victims attain sources. Last month, the House passed other sufficient treatment. We need to reauthorize that it is because the testing is voluntary that measures that acknowledge the AIDS emer- this vital program, and we need to do it in a they are successful. In these programs, most gency, including funding for AIDS research at timely matter to ensure that none of these crit- all women, after talking with their provider, will the Centers for Disease Control and the Na- ical services are interrupted. choose testing and the treatment rec- tional Institutes for Health. But, more re- Mrs. MORELLA. Mr. Speaker, I rise in sup- ommended by their provider. We should de- sources should and can be devoted to com- port of H.R. 1872, the Ryan White CARE Act vote our resources to replicating these mod- batting this epidemic. In the Labor-HHS-Edu- reauthorization bill. I am a cosponsor of this els, rather than to efforts that will do nothing cation Appropriations bill (H.R. 2127), Ryan legislation, and I want to particularly thank to prevent perinatal transmission. White AIDS programs were authorized for subcommittee Chairman MICHAEL BILIRAKIS, Despite my strong reservations with the $67.5 million less than the administration's re- Mr. WAXMAN, and the other members of the House testing provision, I urge my colleagues quest. subcommittee and full committee for their ef- to vote in favor of H.R. 1872. We must move America cannot afford to fall short on the forts to bring this bill to the House floor without quickly to reauthorize this critical program pro- Ryan White CARE Act. The provision of food, further delay. H.R. 1872 was approved by the viding medial care to all people living with HIV/ housing, medical care, prescription drugs and committee by a unanimous vote, and the bill AIDS. other important services is the least that the has been cosponsored by a diverse, bipartisan Mr. OWENS. Mr. Speaker, some of the government can do to ensure that the appro- group of Members. most passionate letters that I have received priate level of care reaches the infirm. Ryan The CARE Act provides medical care to come from my constituents concerned with the White CARE programs are to the AIDS com- more than 350,000 people living with HIV/ fate of the Ryan White Comprehensive AIDS munity what Social Security is to senior citi- AIDS. Under the Act, local communities make Resources Emergency [CARE] Act (H.R. zens. I appeal to my colleagues with any the decisions as to how funding should be al- 1872). Today, hundreds of thousands of peo- sense of compassion to vote ``yes'' for H.R. located, in a manner consistent with this Con- ple are breathing sighs of relief as we finally 1872 and pledge their support for further ef- gress' efforts to give States and localities reauthorize the Ryan White CARE Act, the forts to fully fund these vital programs. greater control. It is critical that we pass this bedrock of Federal comprehensive assistance Mr. WAXMAN. Mr. Speaker, I have bill today and approve a final reauthorization for women, men and children living with the no further requests for time, and I bill as soon as possible. HIV or AIDS virus. yield back the balance of my time. The funding formula in H.R. 1872, while far As my colleagues and I consider this signifi- Mr. BILIRAKIS. Mr. Speaker, I have from perfect, is an improvement over the Sen- cant legislation, it is crucial that we do not di- no further requests for time, and I ate version of the bill. I again thank the chair- minish the crisis that currently exists. It is a yield back the balance of my time. man and members of the subcommittee for chilling reality that AIDS has etched a place in The SPEAKER pro tempore. The working to improve the Senate formula, and I history as the disease that has taken the lives question is on the motion offered by will be working to ensure that the House fund- of more Americans in the United States than the gentleman from Florida [Mr. BILI- ing formula prevails in conference. all of the wars combined since the Civil War. RAKIS] that the House suspend the rules In regard to the issue of HIV testing for in- I appeal to all to remember that AIDS is not and pass the bill, H.R. 1872, as amend- fants and pregnant women, I have serious a distant nightmare relegated only to those ed. concerns with any attempt to impose manda- communities and individuals who behave irre- The question was taken; and (two- tory testing. While I certainly share the view sponsibly. thirds having voted in favor thereof) that we must do everything possible to reduce We must remember AIDS is now the lead- the rules were suspended and the bill, perinatal transmission of HIV, I believe that we ing cause of death for individuals between the as amended, was passed. have to try to distance ourselves from the ages of 25 and 44. Since AIDS was first iden- A motion to reconsider was laid on emotions and create policies that will truly tified in the 1980's, one-half million individuals the table. save women and their children. have been diagnosed. Tragically, one-half of GENERAL LEAVE The most effective way to prevent perinatal those, or 250,000 people, have died. Accord- Mr. BILIRAKIS. Mr. Speaker, I ask HIV transmission is to prevent women from ing to the Centers for Disease Control, be- unanimous consent that all Members H 9062 CONGRESSIONAL RECORD — HOUSE September 18, 1995 may have 5 legislative days within (ii) by adding at the end thereof the follow- lowing: ‘‘Not later than 60 days after an ap- which to revise and extend their re- ing new sentences: ‘‘Nominations for mem- propriation becomes available to carry out marks on H.R. 1872, as amended. bership on the council shall be identified this part for each of the fiscal years 1996 The SPEAKER pro tempore. Is there through an open process and candidates shall through 2000, the Secretary shall’’; and be selected based on locally delineated and (B) in subsection (b) objection to the request of the gen- publicized criteria. Such criteria shall in- (i) in paragraph (1)— tleman from Florida? clude a conflict-of-interest standard for each (I) by striking ‘‘and’’ at the end of subpara- There was no objection. nominee.’’; graph (D); Mr. BILIRAKIS. Mr. Speaker, I ask (B) in paragraph (2), by adding at the end (II) by striking the period at the end of unanimous consent to take from the thereof the following new subparagraph: subparagraph (E) and inserting a semicolon; Speaker’s table the Senate bill (S. 641) ‘‘(C) CHAIRPERSON.—A planning council and to reauthorize the Ryan White CARE may not be chaired solely by an employee of (III) by adding at the end thereof the fol- Act of 1990, and for other purposes, and the grantee.’’; lowing new subparagraphs: (C) in paragraph (3)— ‘‘(F) demonstrates the inclusiveness of the ask for its immediate consideration in (i) in subparagraph (A), by striking ‘‘area;’’ planning council membership, with particu- the House. and inserting ‘‘area based on the— lar emphasis on affected communities and The Clerk read the title of the Senate ‘‘(i) documented needs of the HIV-infected individuals with HIV disease; and bill. population; ‘‘(G) demonstrates the manner in which The SPEAKER pro tempore. Is there ‘‘(ii) cost and outcome effectiveness of pro- the proposed services are consistent with the objection to the request of the gen- posed strategies and interventions, to the ex- local needs assessment and the Statewide co- tleman from Florida? tent that such data are reasonably available, ordinated statement of need.’’; and There was no objection. (either demonstrated or probable); (ii) by redesignating paragraphs (2), (3), ‘‘(iii) priorities of the HIV-infected com- and (4) as paragraphs (3), (4), and (5), respec- The Clerk read the Senate bill, as fol- munities for whom the services are intended; tively; and lows: and (iii) by inserting after paragraph (1), the S. 641 ‘‘(iv) availability of other governmental following new paragraph: Be it enacted by the Senate and House of Rep- and nongovernmental resources;’’; ‘‘(2) PRIORITY.— resentatives of the United States of America in (ii) by striking ‘‘and’’ at the end of sub- ‘‘(A) SEVERE NEED.—In determining severe Congress assembled, paragraph (B); need in accordance with paragraph (1)(B), the SECTION 1. SHORT TITLE. (iii) by striking the period at the end of Secretary shall give priority consideration This Act may be cited as the ‘‘Ryan White subparagraph (C) and inserting ‘‘, and at the in awarding grants under this section to any CARE Reauthorization Act of 1995’’. discretion of the planning council, assess the qualified applicant that demonstrates an effectiveness, either directly or through con- ability to spend funds efficiently and dem- SEC. 2. REFERENCES. tractual arrangements, of the services of- onstrates a more severe need based on preva- Whenever in this Act an amendment is ex- fered in meeting the identified needs; ’’; and lence of— pressed in terms of an amendment to a sec- (iv) by adding at the end thereof the fol- ‘‘(i) sexually transmitted diseases, sub- tion or other provision, the reference shall lowing new subparagraphs: stance abuse, tuberculosis, severe mental ill- be considered to be made to a section or ‘‘(D) participate in the development of the ness, or other diseases determined relevant other provision of title XXVI of the Public Statewide coordinated statement of need ini- by the Secretary, which significantly affect Health Service Act (42 U.S.C. 300ff–11 et seq.). tiated by the State health department; the impact of HIV disease in affected individ- SEC. 3. GENERAL AMENDMENTS. ‘‘(E) establish operating procedures which uals and communities; (a) ESTABLISHMENT OF GRANT PROGRAM.— include specific policies for resolving dis- ‘‘(ii) AIDS in individuals, and subpopula- Section 2601 (42 U.S.C. 300ff–11) is amended— putes, responding to grievances, and mini- tions, previously unknown in the eligible (1) in subsection (a)— mizing and managing conflict-of-interests; metropolitan area; or (A) by striking ‘‘March 31 of the most re- and ‘‘(iii) homelessness. cent fiscal year’’ and inserting ‘‘March 31, ‘‘(F) establish methods for obtaining input ‘‘(B) PREVALENCE.—In determining preva- 1995, and December 31 of the most recent cal- on community needs and priorities which lence of diseases under subparagraph (A), the endar year thereafter’’; and may include public meetings, conducting Secretary shall use data on the prevalence of (B) by striking ‘‘fiscal year—’’ and all that focus groups, and convening ad-hoc panels.’’; the illnesses described in such subparagraph follows through the period and inserting (D) by redesignating paragraphs (2) and (3) in HIV-infected individuals unless such data ‘‘fiscal year, there has been reported to and as paragraphs (3) and (4), respectively; and is not available nationally. Where such data confirmed by, for the 5-year period prior to (E) by inserting after paragraph (1), the is not nationally available, the Secretary the fiscal year for which the grant is being following new paragraph: may use the prevalence (with respect to such made, the Director of the Centers for Disease ‘‘(2) REPRESENTATION.—The HIV health illnesses) in the general population.’’. Control and Prevention a cumulative total of services planning council shall include rep- (3) DISTRIBUTION OF FUNDS.— more than 2,000 cases of acquired immune de- resentatives of— (A) IN GENERAL.—Section 2603(a)(2) (42 ficiency syndrome.’’; and ‘‘(A) health care providers, including feder- U.S.C. 300ff–13(a)(2)) (as amended by para- (2) by adding at the end thereof the follow- ally qualified health centers; graph (2)) is further amended— ing new subsections: ‘‘(B) community-based organizations serv- (i) by inserting ‘‘, in accordance with para- ‘‘(c) POPULATION OF ELIGIBLE AREAS.—The ing affected populations and AIDS service graph (3)’’ before the period; and Secretary may not make a grant to an eligi- organizations; (ii) by adding at the end thereof the follow- ble area under subsection (a) after the date ‘‘(C) social service providers; ing new sentence: ‘‘The Secretary shall re- of enactment of this subsection unless the ‘‘(D) mental health and substance abuse serve an additional percentage of the amount area has a population of at least 500,000 indi- providers; appropriated under section 2677 for a fiscal viduals, except that this subsection shall not ‘‘(E) local public health agencies; year for grants under part A to make grants apply to areas that are eligible as of March ‘‘(F) hospital planning agencies or health to eligible areas under section 2601(a) in ac- 31, 1994. For purposes of eligibility under this care planning agencies; cordance with paragraph (4).’’. title, the boundaries of each metropolitan ‘‘(G) affected communities, including peo- (B) INCREASE IN GRANT.—Section 2603(a) (42 area shall be those in effect in fiscal year ple with HIV disease or AIDS and histori- U.S.C. 300ff–13(a)) is amended by adding at 1994. cally underserved groups and subpopula- the end thereof the following new paragraph: ‘‘(d) CONTINUED FUNDING.—A metropolitan tions; ‘‘(4) INCREASE IN GRANT.—With respect to area that has received a grant under this sec- ‘‘(H) nonelected community leaders; an eligible area under section 2601(a), the tion for the fiscal year in which this sub- ‘‘(I) State government (including the State Secretary shall increase the amount of a section is enacted, shall be eligible to receive medicaid agency and the agency administer- grant under paragraph (2) for a fiscal year to such a grant in subsequent fiscal years.’’. ing the program under part B); ensure that such eligible area receives not (b) EMERGENCY RELIEF FOR AREAS WITH ‘‘(J) grantees under subpart II of part C; less than— SUBSTANTIAL NEED FOR SERVICES.— ‘‘(K) grantees under section 2671, or, if ‘‘(A) with respect to fiscal year 1996, 98 per- (1) HIV HEALTH SERVICES PLANNING COUN- none are operating in the area, representa- cent; CIL.—Subsection (b) of section 2602 (42 U.S.C. tives of organizations with a history of serv- ‘‘(B) with respect to fiscal year 1997, 97 per- 300ff–12(b)) is amended— ing children, youth, women, and families liv- cent; (A) in paragraph (1)— ing with HIV and operating in the area; and ‘‘(C) with respect to fiscal year 1998, 95.5 (i) by striking ‘‘include’’ and all that fol- ‘‘(L) grantees under other Federal HIV pro- percent; lows through the end thereof, and inserting grams.’’. ‘‘(D) with respect to fiscal year 1999, 94 per- ‘‘reflect in its composition the demographics (2) DISTRIBUTION OF GRANTS.—Section 2603 cent; and of the epidemic in the eligible area involved, (42 U.S.C. 300ff–13) is amended— ‘‘(E) with respect to fiscal year 2000, 92.5 with particular consideration given to dis- (A) in subsection (a)(2), by striking ‘‘Not percent; proportionately affected and historically un- later than—’’ and all that follows through of the amount allocated for fiscal year 1995 derserved groups and subpopulations.’’; and ‘‘the Secretary shall’’ and inserting the fol- to such entity under this subsection.’’. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9063

(4) USE OF AMOUNTS.—Section 2604 (42 coordinated statement of need process where lies with HIV and operating in the commu- U.S.C. 300ff–14) is amended— it has been initiated by the State, and ensure nity to be served; and (A) in subsection (b)(1)(A)— that the services provided under the com- ‘‘(D) representatives of community-based (i) by inserting ‘‘, substance abuse treat- prehensive plan are consistent with the providers that are necessary to provide the ment and mental health treatment,’’ after Statewide coordinated statement of need.’’; full continuum of HIV-related health care ‘‘case management’’; and (B) in subsection (b)— services, which are available within the geo- (ii) by inserting ‘‘which shall include treat- (i) in the subsection heading, by striking graphic area to be served.’’; and ment education and prophylactic treatment ‘‘ADDITIONAL’’; (C) in subsection (d), to read as follows: for opportunistic infections,’’ after ‘‘treat- (ii) in the matter preceding paragraph (1), ‘‘(d) DEFINITION.—As used in this part, the ment services,’’; by striking ‘‘additional application’’ and in- terms ‘family centered care’ and ‘youth cen- (B) in subsection (b)(2)(A)— serting ‘‘application, in accordance with sub- tered care’ mean the system of services de- (i) by inserting ‘‘, or private for-profit enti- section (c) regarding a single application and scribed in this section that is targeted spe- ties if such entities are the only available grant award,’’; cifically to the special needs of infants, chil- provider of quality HIV care in the area,’’ (iii) in paragraph (3), by striking ‘‘and’’ at dren (including those orphaned by the AIDS after ‘‘nonprofit private entities,’’; and the end thereof; and epidemic), youth, women, and families. Fam- (ii) by striking ‘‘and homeless health cen- (iv) in paragraph (4), by striking the period ily centered and youth centered care shall be ters’’ and inserting ‘‘homeless health cen- and inserting ‘‘; and’’; based on a partnership among parents, ex- ters, substance abuse treatment programs, (C) by redesignating subsections (c) and (d) tended family members, children and youth, and mental health programs’’; and as subsections (d) and (e), respectively; and professionals, and the community designed (C) in subsection (e)— (D) by inserting after subsection (b), the to ensure an integrated, coordinated, cul- (i) in the subsection heading, by striking following new subsection: turally sensitive, and community-based con- ‘‘AND PLANNING; ‘‘(c) SINGLE APPLICATION AND GRANT tinuum of care.’’. (ii) by striking ‘‘The chief’’ and inserting: AWARD.— (2) PROVISION OF TREATMENTS.—Section ‘‘(1) IN GENERAL.—The chief’’; ‘‘(1) APPLICATION.—The Secretary may 2616 (42 U.S.C. 300ff–26) is amended by strik- (iii) by striking ‘‘accounting, reporting, phase in the use of a single application that ing subsection (c) and inserting the following and program oversight functions’’; meets the requirements of subsections (a) new subsections: (iv) by adding at the end thereof the fol- and (b) of section 2603 with respect to an eli- ‘‘(c) STANDARDS FOR TREATMENT PRO- lowing new sentence: ‘‘An entity (including gible area that desires to receive grants GRAMS.—In carrying out this section, the subcontractors) receiving an allocation from under section 2603 for a fiscal year. Secretary shall— the grant awarded to the chief executive offi- ‘‘(2) GRANT AWARD.—The Secretary may ‘‘(1) review the current status of State cer under this part shall not use in excess of phase in the awarding of a single grant to an drug reimbursement programs and assess 12.5 percent of amounts received under such eligible area that submits an approved appli- barriers to the expended availability of pro- allocation for administration.’’; and cation under paragraph (1) for a fiscal year.’’. phylactic treatments for opportunistic infec- (v) by adding at the end thereof the follow- (6) TECHNICAL ASSISTANCE.—Section 2606 (42 tions (including active tuberculosis); and ing new paragraphs: U.S.C. 300ff–16) is amended— ‘‘(2) establish, in consultation with States, ‘‘(2) ADMINISTRATIVE ACTIVITIES.—For the providers, and affected communities, a rec- purposes of paragraph (1), amounts may be (A) by striking ‘‘may’’ and inserting ommended minimum formulary of pharma- used for administrative activities that in- ‘‘shall’’; ceutical drug therapies approved by the Food clude— (B) by inserting after ‘‘technical assist- and Drug Administration. ‘‘(A) routine grant administration and ance’’ the following: ‘‘, including peer based monitoring activities, including the develop- assistance to assist newly eligible metropoli- In carrying out paragraph (2), the Secretary ment of applications for part A funds, the re- tan areas in the establishment of HIV health shall identify those treatments in the rec- ceipt and disbursal of program funds, the de- services planning councils and,’’; and ommended minimum formulary that are for velopment and establishment of reimburse- (C) by adding at the end thereof the follow- the prevention of opportunistic infections ment and accounting systems, the prepara- ing new sentences: ‘‘The Administrator may (including the prevention of active tuber- tion of routine programmatic and financial make planning grants available to metro- culosis). reports, and compliance with grant condi- politan areas, in an amount not to exceed ‘‘(d) STATE DUTIES.— tions and audit requirements; and $75,000 for any metropolitan area, projected ‘‘(1) IN GENERAL.—In implementing sub- ‘‘(B) all activities associated with the to be eligible for funding under section 2601 section (a), States shall document the grantee’s contract award procedures, includ- in the following fiscal year. Such grant progress made in making treatments de- ing the development of requests for propos- amounts shall be deducted from the first scribed in subsection (c)(2) available to indi- als, contract proposal review activities, ne- year formula award to eligible areas accept- viduals eligible for assistance under this sec- gotiation and awarding of contracts, mon- ing such grants. Not to exceed 1 percent of tion, and to develop plans to implement fully itoring of contracts through telephone con- the amount appropriated for a fiscal year the recommended minimum formulary of sultation, written documentation or onsite under section 2677 for grants under part A pharmaceutical drug therapies approved by visits, reporting on contracts, and funding may be used to carry out this section.’’. the Food and Drug Administration. reallocation activities.’’. (b) CARE GRANT PROGRAM.— ‘‘(2) OTHER MECHANISMS FOR PROVIDING ‘‘(3) SUBCONTRACTOR ADMINISTRATIVE (1) HIV CARE CONSORTIA.—Section 2613 (42 TREATMENTS.—In meeting the standards of COSTS.—For the purposes of this subsection, U.S.C. 300ff–23) is amended— the recommended minimum formulary devel- subcontractor administrative activities in- (A) in subsection (a)— oped under subsection (c), a State may iden- clude— (i) in paragraph (1), by inserting ‘‘(or pri- tify other mechanisms such as consortia and ‘‘(A) usual and recognized overhead, in- vate for-profit providers or organizations if public programs for providing such treat- cluding established indirect rates for agen- such entities are the only available providers ments to individuals with HIV.’’. cies; of quality HIV care in the area)’’ after ‘‘non- (3) STATE APPLICATION.—Section 2617(b) (42 ‘‘(B) management oversight of specific pro- profit private,’’; and U.S.C. 300ff–27(b)) is amended— grams funded under this title; and (ii) in paragraph (2)(A)— (A) in paragraph (2)— ‘‘(C) other types of program support such (I) by inserting ‘‘substance abuse treat- (i) in subparagraph (A), by striking ‘‘and’’ as quality assurance, quality control, and re- ment, mental health treatment,’’ after at the end thereof; and lated activities.’’. ‘‘nursing,’’; and (ii) by adding at the end thereof the follow- (5) APPLICATION.—Section 2605 (42 U.S.C. (II) by inserting ‘‘prophylactic treatment ing new subparagraph: 300ff–15) is amended— for opportunistic infections, treatment edu- ‘‘(C) a description of how the allocation (A) in subsection (a)— cation to take place in the context of health and utilization of resources are consistent (i) in the matter preceding paragraph (1), care delivery,’’ after ‘‘monitoring,’’; with the Statewide coordinated statement of by inserting ‘‘, in accordance with subsection (B) in subsection (c)— need (including traditionally underserved (c) regarding a single application and grant (i) in subparagraph (C) of paragraph (1), by populations and subpopulations) developed award,’’ after ‘‘application’’; inserting before ‘‘care’’ ‘‘and youth cen- in partnership with other grantees in the (ii) in paragraph (1)(B), by striking ‘‘1-year tered’’; and State that receive funding under this title;’’; period’’ and all that follows through ‘‘eligi- (ii) in paragraph (2)— (B) by redesignating paragraph (3) as para- ble area’’ and inserting ‘‘preceding fiscal (I) in clause (ii) of subparagraph (A), by graph (4); year’’; striking ‘‘served; and’’ and inserting (C) by inserting after paragraph (2), the fol- (iii) in paragraph (4), by striking ‘‘and’’ at ‘‘served;’’; lowing new paragraph: the end thereof; (II) in subparagraph (B), by striking the pe- ‘‘(3) the public health agency administer- (iv) in paragraph (5), by striking the period riod at the end; and ing the grant for the State shall convene a at the end thereof and inserting ‘‘; and’’; and (III) by adding after subparagraph (B), the meeting at least annually of individuals with (v) by adding at the end thereof the follow- following new subparagraphs: HIV who utilize services under this part (in- ing new paragraph: ‘‘(C) grantees under section 2671 and rep- cluding those individuals from traditionally ‘‘(6) that the applicant has participated, or resentatives of organizations with a history underserved populations and subpopulations) will agree to participate, in the Statewide of serving children, youth, women, and fami- and representatives of grantees funded under H 9064 CONGRESSIONAL RECORD — HOUSE September 18, 1995 this title (including HIV health services 21) is amended by adding at the end thereof exceed $50,000 for each such grant, to public planning councils, early intervention pro- the following new sections: and nonprofit private entities that are not grams, children, youth and family service ‘‘SEC. 2621. GRIEVANCE PROCEDURES. direct providers of primary care services for projects, special projects of national signifi- ‘‘Not later than 90 days after the date of the purpose of enabling such providers to cance, and HIV care consortia) and other enactment of this section, the Administra- provide HIV primary care services. providers (including federally qualified tion, in consultation with affected parties, ‘‘(2) REQUIREMENT.—The Secretary may health centers) and public agency represent- shall establish grievance procedures, specific only award a grant to an entity under para- atives within the State currently delivering to each part of this title, to address allega- graph (1) if the Secretary determines that HIV services to affected communities for the tions of egregious violations of each such the entity will use such grant to assist the purpose of developing a Statewide coordi- part. Such procedures shall include an appro- entity in qualifying for a grant under section nated statement of need; and’’; and priate enforcement mechanism. 2651. (D) by adding at the end thereof the follow- ‘‘SEC. 2622. COORDINATION. ‘‘(3) PREFERENCE.—In awarding grants ing flush sentence: ‘‘The Secretary shall ensure that the under paragraph (1), the Secretary shall give ‘‘The State shall not be required to finance Health Resources and Services Administra- preference to entities that would provide attendance at the meetings described in tion, the Centers for Disease Control and HIV primary care services in rural or under- served communities. paragraph (3). A State may pay the travel-re- Prevention, and the Substance Abuse and ‘‘(4) LIMITATION.—Not to exceed 1 percent lated expenses of individuals attending such Mental Health Services Administration co- of the amount appropriated for a fiscal year meetings where appropriate and necessary to ordinate the planning and implementation of under section 2655 may be used to carry out ensure adequate participation.’’. Federal HIV programs in order to facilitate this section.’’. (4) PLANNING, EVALUATION AND ADMINISTRA- the local development of a complete contin- (4) AUTHORIZATION OF APPROPRIATIONS.— TION.—Section 2618(c) (42 U.S.C. 300ff–28(c)) is uum of HIV-related services for individuals Section 2655 (42 U.S.C. 300ff–55) is amended amended— with HIV disease and those at risk of such by striking ‘‘$75,000,000’’ and all that follows (A) in paragraphs (3) and (4), to read as fol- disease. The Secretary shall periodically pre- through the end of the section, and inserting lows: pare and submit to the relevant committees of Congress a report concerning such coordi- ‘‘such sums as may be necessary in each of ‘‘(3) PLANNING AND EVALUATIONS.—Subject the fiscal years 1996, 1997, 1998, 1999, and to paragraph (5) and except as provided in nation efforts at the Federal, State, and 2000.’’. paragraph (6), a State may not use more local levels as well as the existence of Fed- (5) REQUIRED AGREEMENTS.—Section 2664(g) than 10 percent of amounts received under a eral barriers to HIV program integration.’’. (c) EARLY INTERVENTION SERVICES.— (42 U.S.C. 300ff–64(g)) is amended— grant awarded under this part for planning (1) ESTABLISHMENT OF PROGRAM.—Section (A) in paragraph (2), by striking ‘‘and’’ at and evaluation activities. 2651(b) (42 U.S.C. 300ff–51(b)) is amended— the end thereof; ‘‘(4) ADMINISTRATION.— (A) in paragraph (1), by striking ‘‘grant (B) in paragraph (3)— ‘‘(A) IN GENERAL.—Subject to paragraph (5) agrees to’’ and all that follows through the (i) by striking ‘‘5 percent’’ and inserting and except as provided in paragraph (6), a period and inserting: ‘‘grant agrees to— ‘‘10 percent including planning, evaluation State may not use more than 10 percent of ‘‘(A) expend the grant for the purposes of and technical assistance’’; and amounts received under a grant awarded providing, on an out-patient basis, each of (ii) by striking the period and inserting ‘‘; under this part for administration. An entity the early intervention services specified in and’’; and (including subcontractors) receiving an allo- paragraph (2) with respect to HIV disease; (C) by adding at the end thereof the follow- cation from the grant awarded to the State and ing new paragraph: under this part shall not use in excess of 12.5 ‘‘(B) expend not less than 50 percent of the ‘‘(4) the applicant will submit evidence percent of amounts received under such allo- amount received under the grant to provide that the proposed program is consistent with cation for administration. a continuum of primary care services, in- the Statewide coordinated statement of need ‘‘(B) ADMINISTRATIVE ACTIVITIES.—For the cluding, as appropriate, dental care services, and agree to participate in the ongoing revi- purposes of subparagraph (A), amounts may to individuals confirmed to be living with sion of such statement of need.’’. be used for administrative activities that in- HIV.’’; and (d) GRANTS.— clude routine grant administration and mon- (B) in paragraph (4)— (1) IN GENERAL.—Section 2671 (42 U.S.C. itoring activities. (i) by striking ‘‘The Secretary’’ and insert- 300ff–71) is amended to read as follows: ‘‘(C) SUBCONTRACTOR ADMINISTRATIVE ing ‘‘(A) IN GENERAL.—The Secretary’’; ‘‘SEC. 2671. GRANTS FOR COORDINATED SERV- COSTS.—For the purposes of this paragraph, (ii) by inserting ‘‘, or private for-profit en- ICES AND ACCESS TO RESEARCH subcontractor administrative activities in- tities if such entities are the only available FOR CHILDREN, YOUTH, AND FAMI- clude— provider of quality HIV care in the area,’’ LIES. ‘‘(i) usual and recognized overhead, includ- after ‘‘nonprofit private entities’’; ‘‘(a) IN GENERAL.—The Secretary, acting ing established indirect rates for agencies; (iii) by realigning the margin of subpara- through the Administrator of the Health Re- ‘‘(ii) management oversight of specific pro- graph (A) so as to align with the margin of sources and Services Administration, and in grams funded under this title; and paragraph (3)(A); and consultation with the Director of the Na- ‘‘(iii) other types of program support such (iv) by adding at the end thereof the fol- tional Institutes of Health, shall award as quality assurance, quality control, and re- lowing new subparagraph: grants to appropriate public or nonprofit pri- lated activities.’’; ‘‘(B) OTHER REQUIREMENTS.—Grantees de- vate entities that, directly or through con- (B) by redesignating paragraph (5) as para- scribed in— tractual arrangements, provide primary care graph (7); and ‘‘(i) paragraphs (1), (2), (5), and (6) of sec- to the public for the purpose of— (C) by inserting after paragraph (4), the fol- tion 2652(a) shall use not less than 50 percent ‘‘(1) providing out-patient health care and lowing new paragraphs: of the amount of such a grant to provide the support services (which may include family- ‘‘(5) LIMITATION ON USE OF FUNDS.—Except services described in subparagraphs (A), (B), centered and youth-centered care, as defined as provided in paragraph (6), a State may not (D), and (E) of section 2651(b)(2) directly and in this title, family and youth support serv- use more than a total of 15 percent of on-site or at sites where other primary care ices, and services for orphans) to children, amounts received under a grant awarded services are rendered; and youth, women with HIV disease, and the under this part for the purposes described in ‘‘(ii) paragraphs (3) and (4) of section families of such individuals, and supporting paragraphs (3) and (4). 2652(a) shall ensure the availability of early the provision of such care with programs of ‘‘(6) EXCEPTION.—With respect to a State intervention services through a system of HIV prevention and HIV research; and that receives the minimum allotment under linkages to community-based primary care ‘‘(2) facilitating the voluntary participa- subsection (a)(1) for a fiscal year, such State, providers, and to establish mechanisms for tion of children, youth, and women with HIV from the amounts received under a grant the referrals described in section disease in qualified research protocols at the awarded under this part for such fiscal year 2651(b)(2)(C), and for follow-up concerning facilities of such entities or by direct refer- for the activities described in paragraphs (3) such referrals.’’. ral. and (4), may, notwithstanding paragraphs (2) MINIMUM QUALIFICATIONS.—Section ‘‘(b) ELIGIBLE ENTITIES.—The Secretary (3), (4), and (5), use not more than that 2652(b)(1)(B) (42 U.S.C. 300ff–52(b)(1)(B)) is may not make a grant to an entity under amount required to support one full-time- amended by inserting ‘‘, or a private for-prof- subsection (a) unless the entity involved pro- equivalent employee.’’. it entity if such entity is the only available vides assurances that— (5) TECHNICAL ASSISTANCE.—Section 2619 (42 provider of quality HIV care in the area,’’ ‘‘(1) the grant will be used primarily to U.S.C. 300ff–29) is amended— after ‘‘nonprofit private entity’’; serve children, youth, and women with HIV (A) by striking ‘‘may’’ and inserting (3) MISCELLANEOUS PROVISIONS.—Section disease; ‘‘shall’’; and 2654 (42 U.S.C. 300ff–54) is amended by adding ‘‘(2) the entity will enter into arrange- (B) by inserting before the period the fol- at the end thereof the following new sub- ments with one or more qualified research lowing: ‘‘, including technical assistance for section: entities to collaborate in the conduct or fa- the development and implementation of ‘‘(c) PLANNING AND DEVELOPMENT cilitation of voluntary patient participation Statewide coordinated statements of need’’. GRANTS.— in qualified research protocols; (6) GRIEVANCE PROCEDURES AND COORDINA- ‘‘(1) IN GENERAL.—The Secretary may pro- ‘‘(3) the entity will coordinate activities TION.—Part B of title XXVI (42 U.S.C. 300ff– vide planning grants, in an amount not to under the grant with other providers of September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9065 health care services under this title, and year. If the Secretary determines through ‘‘(3) Indian individuals and families with under title V of the Social Security Act; the evaluation process that a recipient of HIV disease; ‘‘(4) the entity will participate in the funds under this section is in material non- ‘‘(4) homeless individuals and families with Statewide coordinated statement of need compliance with the assurances provided HIV disease; under section 2619 and in the revision of such under paragraph (2), (3), (4), or (5) of sub- ‘‘(5) hemophiliacs with HIV disease; and statement; and section (b), the Secretary may provide for ‘‘(6) incarcerated individuals with HIV dis- ‘‘(5) the entity will offer appropriate re- continued funding of up to one year if the re- ease. search opportunities to each patient, with cipient provides assurances, satisfactory to ‘‘(e) SERVICE DEVELOPMENT GRANTS.—Spe- informed consent. the Secretary, that such noncompliance will cial projects of national significance may in- ‘‘(c) APPLICATION.—The Secretary may not be remedied within such period. clude the development of model approaches make a grant under subsection (a) unless an ‘‘(g) DEFINITIONS.—For purposes of this sec- to delivering HIV care and support services application for the grant is submitted to the tion: including— Secretary and the application is in such ‘‘(1) QUALIFIED RESEARCH ENTITY.—The ‘‘(1) programs that support family-based form, is made in such manner, and contains term ‘qualified research entity’ means a pub- care networks critical to the delivery of care such agreements, assurances, and informa- lic or private entity with expertise in the in minority communities; tion as the Secretary determines to be nec- conduct of research that has demonstrated ‘‘(2) programs that build organizational ca- essary to carry out this section. clinical benefit to patients. pacity in disenfranchised communities; ‘‘(d) PATIENT PARTICIPATION IN RESEARCH ‘‘(2) QUALIFIED RESEARCH PROTOCOL.—The ‘‘(3) programs designed to prepare AIDS PROTOCOLS.— term ‘qualified research protocol’ means a service organizations and grantees under ‘‘(1) IN GENERAL.—The Secretary, acting research study design of a public or private this title for operation within the changing through the Administrator of the Health Re- clinical program that meets the require- health care environment; and sources and Services Administration and the ments of subsection (d). ‘‘(4) programs designed to integrate the de- Director of the Office of AIDS Research, ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— livery of mental health and substance abuse shall establish procedures to ensure that ac- There are authorized to be appropriated to treatment with HIV services. cepted standards of protection of human sub- carry out this section, such sums as may be ‘‘(f) COORDINATION.—The Secretary may jects (including the provision of written in- necessary for each of the fiscal years 1996 not make a grant under this section unless formed consent) are implemented in projects through 2000.’’. the applicant submits evidence that the pro- supported under this section. Receipt of serv- (2) CONFORMING AMENDMENT.—The heading posed program is consistent with the State- ices by a patient shall not be conditioned for part D of title XXVI of the Public Health wide coordinated statement of need, and the upon the consent of the patient to partici- Service Act is amended to read as follows: applicant agrees to participate in the ongo- pate in research. ing revision process of such statement of ‘‘(2) RESEARCH PROTOCOLS.— ‘‘PART D—GRANTS FOR COORDINATED need. ‘‘(A) IN GENERAL.—The Secretary shall es- SERVICES AND ACCESS TO RESEARCH ‘‘(g) REPLICATION.—The Secretary shall FOR CHILDREN, YOUTH, AND FAMILIES’’. tablish mechanisms to ensure that research make information concerning successful protocols proposed to be carried out to meet (e) DEMONSTRATION AND TRAINING.— models developed under this part available the requirements of this section, are of po- (1) IN GENERAL.—Title XXVI is amended by to grantees under this title for the purpose tential clinical benefit to the study partici- adding at the end, the following new part: of coordination, replication, and integration. pants, and meet accepted standards of re- ‘‘PART F—DEMONSTRATION AND To facilitate efforts under this subsection, search design. TRAINING the Secretary may provide for peer-based ‘‘(B) REVIEW PANEL.—Mechanisms estab- ‘‘Subpart I—Special Projects of National technical assistance from grantees funded lished under subparagraph (A) shall include under this part.’’. an independent research review panel that Significance (2) REPEAL.—Subsection (a) of section 2618 shall review all protocols proposed to be car- ‘‘SEC. 2691. SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE. (42 U.S.C. 300ff–28(a)) is repealed. ried out to meet the requirements of this (f) HIV/AIDS COMMUNITIES, SCHOOLS, CEN- ‘‘(a) IN GENERAL.—Of the amount appro- section to ensure that such protocols meet TERS.— priated under each of parts A, B, C, and D of the requirements of this section. Such panel (1) NEW PART.—Part F of title XXVI (as this title for each fiscal year, the Secretary shall make recommendations to the Sec- added by subsection (e)) is further amended shall use the greater of $20,000,000 or 3 per- retary as to the protocols that should be ap- by adding at the end, the following new sub- cent of such amount appropriated under each proved. The panel shall include representa- part: tives of public and private researchers, pro- such part, but not to exceed $25,000,000, to ad- viders of services, and recipients of services. minister a special projects of national sig- ‘‘Subpart II—AIDS Education and Training ‘‘(e) TRAINING AND TECHNICAL ASSIST- nificance program to award direct grants to Centers ANCE.—The Secretary, acting through the public and nonprofit private entities includ- ‘‘SEC. 2692. HIV/AIDS COMMUNITIES, SCHOOLS, Administrator of the Health Resources and ing community-based organizations to fund AND CENTERS.’’. Services Administration, may use not to ex- special programs for the care and treatment (2) AMENDMENTS.—Section 776(a)(1) (42 ceed five percent of the amounts appro- of individuals with HIV disease. U.S.C. 294n(a)) is amended— priated under subsection (h) in each fiscal ‘‘(b) GRANTS.—The Secretary shall award (A) by striking subparagraphs (B) and (C); year to conduct training and technical as- grants under subsection (a) based on— (B) by redesignating subparagraphs (A) and sistance (including peer-based models of ‘‘(1) the need to assess the effectiveness of (D) as subparagraphs (B) and (C), respec- technical assistance) to assist applicants and a particular model for the care and treat- tively; grantees under this section in complying ment of individuals with HIV disease; (C) by inserting before subparagraph (B) with the requirements of this section. ‘‘(2) the innovative nature of the proposed (as so redesignated) the following new sub- ‘‘(f) EVALUATIONS AND DATA COLLECTION.— activity; and paragraph: ‘‘(1) EVALUATIONS.—The Secretary shall ‘‘(3) the potential replicability of the pro- ‘‘(A) training health personnel, including provide for the review of programs carried posed activity in other similar localities or practitioners in title XXVI programs and out under this section at the end of each nationally. other community providers, in the diagnosis, grant year. Such evaluations may include ‘‘(c) SPECIAL PROJECTS.—Special projects treatment, and prevention of HIV infection recommendations as to the improvement of of national significance shall include the de- and disease;’’; and access to and participation in services and velopment and assessment of innovative (D) in subparagraph (B) (as so redesig- access to and participation in qualified re- service delivery models that are designed nated) by adding ‘‘and’’ after the semicolon. search protocols supported under this sec- to— (3) TRANSFER.—Subsection (a) of section tion. ‘‘(1) address the needs of special popu- 776 (42 U.S.C. 294n(a)) (as amended by para- ‘‘(2) REPORTING REQUIREMENTS.—The Sec- lations; graph (2)) is amended by transferring such retary may establish data reporting require- ‘‘(2) assist in the development of essential subsection to section 2692 (as added by para- ments and schedules as necessary to admin- community-based service delivery infra- graph (1)). ister the program established under this sec- structure; and (4) AUTHORIZATION OF APPROPRIATIONS.— tion and conduct evaluations, measure out- ‘‘(3) ensure the ongoing availability of Section 2692 (as added by paragraph (1)) is comes, and document the clients served, services for Native American communities amended by adding at the end thereof the services provided, and participation in quali- to enable such communities to care for Na- following new subsection: fied research protocols. tive Americans with HIV disease. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) WAIVERS.—Notwithstanding the re- ‘‘(d) SPECIAL POPULATIONS.—Special There are authorized to be appropriated to quirements of subsection (b), the Secretary projects of national significance may include carry out this section, such sums as may be may award new grants under this section to the delivery of HIV health care and support necessary for each of the fiscal years 1996 an entity if the entity provide assurances, services to traditionally underserved popu- through 2000.’’. satisfactory to the Secretary, that the en- lations including— SEC. 4. AMOUNT OF EMERGENCY RELIEF tity will implement the assurances required ‘‘(1) individuals and families with HIV dis- GRANTS. under paragraph (2), (3), (4), or (5) of sub- ease living in rural communities; Paragraph (3) of section 2603(a) (42 U.S.C. section (b) by the end of the second grant ‘‘(2) adolescents with HIV disease; 300ff–13(a)(3)) is amended to read as follows: H 9066 CONGRESSIONAL RECORD — HOUSE September 18, 1995

‘‘(3) AMOUNT OF GRANT.— ‘‘(2) DETERMINATION.— retary shall, with respect to States that will ‘‘(A) IN GENERAL.—Subject to the extent of ‘‘(A) FORMULA.—The amount referred to in receive grants in amounts that exceed the amounts made available in appropriations paragraph (1)(A)(ii) for a State and para- amounts that such States received under Acts, a grant made for purposes of this para- graph (1)(B) for a territory of the United this part in fiscal year 1995, proportionally graph to an eligible area shall be made in an States shall be the product of— reduce such amounts to ensure compliance amount equal to the product of— ‘‘(i) an amount equal to the amount appro- with this subparagraph. In making such re- ‘‘(i) an amount equal to the amount avail- priated under section 2677 for the fiscal year ductions, the Secretary shall ensure that no able for distribution under paragraph (2) for involved for grants under part B; and such State receives less than that State re- the fiscal year involved; and ‘‘(ii) the percentage constituted by the sum ceived for fiscal year 1995. ‘‘(ii) the percentage constituted by the of— ‘‘(ii) RATABLE REDUCTION.—If the amount ratio of the distribution factor for the eligi- ‘‘(I) the product of .50 and the ratio of the appropriated under section 2677 and available ble area to the sum of the respective dis- State distribution factor for the State or ter- for allocation under this part is less than the tribution factors for all eligible areas. ritory (as determined under subsection (B)) amount appropriated and available under ‘‘(B) DISTRIBUTION FACTOR.—For purposes to the sum of the respective State distribu- this part for fiscal year 1995, the limitation of subparagraph (A)(ii), the term ‘distribu- tion factors for all States or territories; and contained in clause (i) shall be reduced by a tion factor’ means an amount equal to the ‘‘(II) the product of .50 and the ratio of the percentage equal to the percentage of the re- estimated number of living cases of acquired non-EMA distribution factor for the State or duction in such amounts appropriated and immune deficiency syndrome in the eligible territory (as determined under subparagraph available.’’. area involved, as determined under subpara- (C)) to the sum of the respective distribution SEC. 6. CONSOLIDATION OF AUTHORIZATIONS OF graph (C). factors for all States or territories. APPROPRIATIONS. ‘‘(C) ESTIMATE OF LIVING CASES.—The ‘‘(B) STATE DISTRIBUTION FACTOR.—For pur- (a) IN GENERAL.—Part D of title XXVI (42 amount determined in this subparagraph is poses of subparagraph (A)(ii)(I), the term U.S.C. 300ff–71) is amended by adding at the an amount equal to the product of— ‘State distribution factor’ means an amount end thereof the following new section: ‘‘(i) the number of cases of acquired im- equal to the estimated number of living ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- mune deficiency syndrome in the eligible cases of acquired immune deficiency syn- TIONS. area during each year in the most recent 120- drome in the eligible area involved, as deter- ‘‘(a) IN GENERAL.—Subject to subsection month period for which data are available mined under subparagraph (D). (b), there are authorized to be appropriated with respect to all eligible areas, as indi- ‘‘(C) NON-EMA DISTRIBUTION FACTOR.—For to make grants under parts A and B, such cated by the number of such cases reported purposes of subparagraph (A)(ii)(II), the term sums as may be necessary for each of the fis- to and confirmed by the Director of the Cen- ‘non-ema distribution factor’ means an cal years 1996 through 2000. Of the amount ters for Disease Control and Prevention for amount equal to the sum of— appropriated under this section for fiscal each year during such period; and ‘‘(i) the estimated number of living cases of year 1996, the Secretary shall make available ‘‘(ii) with respect to— acquired immune deficiency syndrome in the 64 percent of such amount to carry out part ‘‘(I) the first year during such period, .06; State or territory involved, as determined A and 36 percent of such amount to carry out ‘‘(II) the second year during such period, under subparagraph (D); less part B. .06; ‘‘(ii) the estimated number of living cases ‘‘(b) DEVELOPMENT OF METHODOLOGY.— ‘‘(III) the third year during such period, of acquired immune deficiency syndrome in ‘‘(1) IN GENERAL.—With respect to each of .08; such State or territory that are within an el- the fiscal years 1997 through 2000, the Sec- ‘‘(IV) the fourth year during such period, igible area (as determined under part A). retary shall develop and implement a meth- .10; ‘‘(D) ESTIMATE OF LIVING CASES.—The odology for adjusting the percentages re- ‘‘(V) the fifth year during such period, .16; amount determined in this subparagraph is ferred to in subsection (a) to account for ‘‘(VI) the sixth year during such period, .16; an amount equal to the product of— grants to new eligible areas under part A and ‘‘(VII) the seventh year during such period, ‘‘(i) the number of cases of acquired im- other relevant factors. Not later than 1 year .24; mune deficiency syndrome in the State or after the date of enactment of this section, ‘‘(VIII) the eighth year during such period, territory during each year in the most re- the Secretary shall prepare and submit to .40; cent 120-month period for which data are the appropriate committees of Congress a re- ‘‘(IX) the ninth year during such period, available with respect to all States and terri- port regarding the findings with respect to .57; and tories, as indicated by the number of such the methodology developed under this para- ‘‘(X) the tenth year during such period, .88. cases reported to and confirmed by the Di- graph. ‘‘(D) UNEXPENDED FUNDS.—The Secretary rector of the Centers for Disease Control and ‘‘(2) FAILURE TO IMPLEMENT.—If the Sec- may, in determining the amount of a grant Prevention for each year during such period; retary fails to implement a methodology for a fiscal year under this paragraph, adjust and under paragraph (1) by October 1, 1996, there the grant amount to reflect the amount of ‘‘(ii) with respect to each of the first are authorized to be appropriated— unexpended and uncanceled grant funds re- through the tenth year during such period, ‘‘(A) such sums as may be necessary to maining at the end of the fiscal year preced- the amount referred to in 2603(a)(3)(C)(ii). carry out part A for each of the fiscal years ing the year for which the grant determina- ‘‘(E) PUERTO RICO, VIRGIN ISLANDS, GUAM.— 1997 through 2000; and tion is to be made. The amount of any such For purposes of subparagraph (D), the cost ‘‘(B) such sums as may be necessary to unexpended funds shall be determined using index for Puerto Rico, the Virgin Islands, carry out part B for each of the fiscal years the financial status report of the grantee. and Guam shall be 1.0.’’. 1997 through 2000.’’. ‘‘(E) PUERTO RICO, VIRGIN ISLANDS, GUAM.— ‘‘(F) UNEXPENDED FUNDS.—The Secretary (b) REPEALS.—Sections 2608 and 2620 (42 For purposes of subparagraph (D), the cost may, in determining the amount of a grant U.S.C. 300ff–18 and 300ff–30) are repealed. index for an eligible area within Puerto Rico, for a fiscal year under this subsection, adjust (c) CONFORMING AMENDMENTS.—Title XXVI the Virgin Islands, or Guam shall be 1.0.’’. the grant amount to reflect the amount of is amended— SEC. 5. AMOUNT OF CARE GRANTS. unexpended and uncanceled grant funds re- (1) in section 2603 (42 U.S.C. 300ff–13)— Paragraphs (1) and (2) of section 2618(b) (42 maining at the end of the fiscal year preced- (A) in subsection (a)(2), by striking ‘‘2608’’ U.S.C. 300ff–28(b)(1) and (2)) are amended to ing the year for which the grant determina- and inserting ‘‘2677’’; and read as follows: tion is to be made. The amount of any such (B) in subsection (b)(1), by striking ‘‘2608’’ ‘‘(1) MINIMUM ALLOTMENT.—Subject to the unexpended funds shall be determined using and inserting ‘‘2677’’; extent of amounts made available under sec- the financial status report of the grantee. (2) in section 2605(c)(1) (42 U.S.C. 300ff– tion 2677, the amount of a grant to be made ‘‘(G) LIMITATION.— 15(c)(1)) is amended by striking ‘‘2608’’ and under this part for— ‘‘(i) IN GENERAL.—The Secretary shall en- inserting ‘‘2677’’; and ‘‘(A) each of the several States and the Dis- sure that the amount of a grant awarded to (3) in section 2618 (42 U.S.C. 300ff–28)— trict of Columbia for a fiscal year shall be a State or territory for a fiscal year under (A) in subsection (a)(1), is amended by the greater of— this part is equal to not less than— striking ‘‘2620’’ and inserting ‘‘2677’’; and ‘‘(i)(I) with respect to a State or District ‘‘(I) with respect to fiscal year 1996, 98 per- (B) in subsection (b)(1), is amended by that has less than 90 living cases of acquired cent; striking ‘‘2620’’ and inserting ‘‘2677’’. immune deficiency syndrome, as determined ‘‘(II) with respect to fiscal year 1997, 97 per- SEC. 7. CDC GUIDELINES FOR PREGNANT under paragraph (2)(D), $100,000; or cent; WOMEN. ‘‘(i)(I) with respect to a State or District ‘‘(III) with respect to fiscal year 1998, 95.5 (a) REQUIREMENT.—Notwithstanding any that has 90 or more living cases of acquired percent; other provision of law, a State described in immune deficiency syndrome, as determined ‘‘(IV) with respect to fiscal year 1999, 94 subsection (b) shall, not later than 1 year under paragraph (2)(D), $250,000; percent; and after the date of enactment of this Act, cer- ‘‘(ii) an amount determined under para- ‘‘(V) with respect to fiscal year 2000, 92.5 tify to the Secretary of Health and Human graph (2); and percent; Services that such State has in effect regula- ‘‘(B) each territory of the United States, as of the amount such State or territory re- tions to adopt the guidelines issued by the defined in paragraph (3), shall be an amount ceived for fiscal year 1995 under this part. In Centers for Disease Control and Prevention determined under paragraph (2). administering this subparagraph, the Sec- concerning recommendations for September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9067 immunodeficiency virus counseling and vol- tient that such AIDS-infected patient is in- appropriated under this Act may be used to untary testing for pregnant women. fected with the human immunodeficiency promote or encourage, directly or indirectly, (b) APPLICATION OF SECTION.—A State de- virus. homosexuality, or intravenous drug use. scribed in this subsection is a State that (b) DEFINITIONS.—As used in this section— (b) DEFINITION.—As used in subsection (a), has— (1) AIDS-INFECTED PATIENT.—The term the term ‘‘to promote or encourage, directly (1) an HIV seroprevalance among child ‘‘AIDS-infected patient’’ means any person or indirectly, homosexuality’’ includes, but bearing women during the period beginning who has been diagnosed by a physician or is not limited to, affirming homosexuality as on January 1, 1991 and ending on December surgeon practicing medicine in such State to natural, normal, or healthy, or, in the proc- 31, 1992, of .25 or greater as determined by be infected with the human ess of addressing related ‘‘at-risk’’ issues, af- the Centers for Disease Control and Preven- immunodeficiency virus. firming in any way that engaging in a homo- tion; or (2) STATE.—The term ‘‘State’’ means a sexual act is desirable, acceptable, or per- (2) an estimated number of births to HIV State, the District of Columbia, or any terri- missible, or, describing in any way tech- positive women in 1993 of 175 or greater as tory of the United States. niques of homosexual sex. determined by the Centers for Disease Con- (3) SPOUSE.—The term ‘‘spouse’’ means a SEC. 11. OPTIONAL PARTICIPATION OF FEDERAL trol and Prevention using 1992 natality sta- person who is or at any time since December EMPLOYEES IN AIDS TRAINING PRO- tistics. 31, 1976, has been the marriage partner of a GRAMS. (c) NONCOMPLIANCE.—If a State does not person diagnosed as an AIDS-infected pa- (a) IN GENERAL.—Notwithstanding any provide the certification required under sub- tient. other provision of law, a Federal employee section (a) within the 1 year period described (c) EFFECTIVE DATE.—Subsection (a) shall may not be required to attend or participate in such subsection, such State shall not be take effect with respect to a State on Janu- in an AIDS or HIV training program if such eligible to receive assistance for HIV coun- ary 1 of the calendar year following the first employee refuses to consent to such attend- seling and testing under the Public Health regular session of the legislative body of ance or participation. An employer may not Service Act (42 U.S.C. 201 et seq.) until such such State that is convened following the retaliate in any manner against such an em- certification is provided. date of enactment of this section. ployee because of the refusal of such em- SEC. 9. STUDY ON ALLOTMENT FORMULA. (d) ADDITIONAL FUNDS REGARDING WOMEN ployee to consent to such attendance or par- (a) STUDY.—The Secretary of Health and AND INFANTS.— ticipation. Human Services (hereafter referred to in this (1) IN GENERAL.—If a State described in (b) DEFINITION.—As used in subsection (a), subsection (b) provides the certification re- section as the ‘‘Secretary’’) shall enter into the term ‘‘Federal employee’’ has the same quired in subsection (a) and is receiving a contract with a public or nonprofit private meaning given the term ‘‘employee’’ in sec- funds under part B of title XXVI of the Pub- entity, subject to subsection (b), for the pur- tion 2105 of title 5, United States Code, and lic Health Service Act for a fiscal year, the pose of conducting a study or studies con- such term shall include members of the Secretary of Health and Human Services cerning the statutory formulas under which armed forces. may (from the amounts available pursuant funds made available under part A or B of SEC. 12. PROHIBITION ON PROMOTION OF CER- to paragraph (3)) make a grant to the State title XXVI of the Public Health Service Act TAIN ACTIVITIES. for the fiscal year for the following purposes: are allocated among eligible areas (in the Part D of title XXVI of the Public Health (A) Making available to pregnant women case of grants under part A) and States and Service Act (42 U.S.C. 300ff-71) as amended by appropriate counseling on HIV disease. territories (in the case of grants under part section 6, is further amended by adding at (B) Making available outreach efforts to B). Such study or studies shall include— the end thereof the following new section: (1) an assessment of the degree to which pregnant women at high risk of HIV who are ‘‘SEC. 2678. PROHIBITION ON PROMOTION OF not currently receiving prenatal care. each such formula allocates funds according CERTAIN ACTIVITIES. (C) Making available to such women test- to the respective needs of eligible areas, ‘‘None of the funds authorized under this ing for such disease. State, and territories; title shall be used to fund AIDS programs, or (D) Offsetting other State costs associated (2) an assessment of the validity and rel- to develop materials, designed to promote or with the implementation of the requirement evance of the factors currently included in encourage, directly, intravenous drug use or of subsection (a). each such formula; sexual activity, whether homosexual or het- (3) in the case of the formula under part A, (2) EVALUATION BY INSTITUTE OF MEDICINE.— erosexual. Funds authorized under this title an assessment of the degree to which the for- (A) IN GENERAL.—The Secretary of Health may be used to provide medical treatment and Human Services shall request the Insti- mula reflects the relative costs of providing and support services for individuals with tute of Medicine of the National Academy of services under such title XXVI within eligi- HIV.’’. ble areas; Sciences to enter into a contract with the SEC. 13. LIMITATION ON APPROPRIATIONS. (4) in the case of the formula under part B, Secretary for the purpose of conducting an Notwithstanding any other provision of an assessment of the degree to which the for- evaluation of the extent to which grants law, the total amounts of Federal funds ex- mula reflects the relative costs of providing under paragraph (1) have been effective in pended in any fiscal year for AIDS and HIV services under such title XXVI within eligi- preventing the perinatal transmission of the activities may not exceed the total amounts ble States and territories; and human immunodeficiency virus. expended in such fiscal year for activities re- (5) any other information that would con- (B) ALTERNATIVE CONTRACT.—If the Insti- lated to cancer. tribute to a thorough assessment of the ap- tute referred to in subparagraph (A) declines SEC. 14. EFFECTIVE DATE. to conduct the evaluation under such sub- propriateness of the current formulas. (b) NATIONAL ACADEMY OF SCIENCES.—The (a) IN GENERAL.—Except as provided in paragraph, the Secretary of Health and Secretary shall request the National Acad- subsection (b), this Act, and the amendments Human Services shall carry out such sub- emy of Sciences to enter into the contract made by this Act, shall become effective on paragraph through another public or non- under subsection (a) to conduct the study de- October 1, 1995. profit private entity. scribed in such subsection. If such Academy (b) ELIGIBLE AREAS.— (C) DATE CERTAIN FOR REPORT.—The Sec- declines to conduct the study, the Secretary (1) IN GENERAL.—The amendments made by retary of Health and Human Services shall shall carry out such subsection through an- subsections (a)(1)(A), (a)(2), and (b)(4)(A) of ensure that, not later than after 2 years after other public or nonprofit private entity. section 3 shall become effective on the date the date of the enactment of this Act, the (c) REPORT.—The Secretary shall ensure of enactment of this Act. evaluation required in this paragraph is com- that not later than 6 months after the date (2) REPORTED CASES.—The amendment pleted and a report describing the findings of enactment of this Act, the study required made by subsection (a)(1)(B) of section 3 made as a result of the evaluation is submit- under subsection (a) is completed and a re- shall become effective on October 1, 1997. ted to the Congress. port describing the findings made as a result MOTION OFFERED BY MR. BILIRAKIS (3) FUNDING.—For the purpose of carrying of such study is submitted to the Committee Mr. BILIRAKIS. Mr. Speaker, I offer out this subsection, there are authorized to on Commerce of the House of Representa- be appropriated $10,000,000 for each of the fis- a motion. tives and the Committee on Labor and The Clerk read as follows: cal years 1996 through 2000. Amounts made Human Resources of the Senate. available under section 2677 for carrying out (d) CONSULTATION.—The entity preparing Mr. BILIRAKIS moves to strike all after the this part are not available for carrying out the report required under subsection (c), enacting clause of the Senate bill, S. 641, and this subsection. shall consult with the Comptroller General to insert in lieu thereof the provisions of SEC. 8. SPOUSAL NOTIFICATION. of the United States. The Comptroller Gen- H.R. 1872, as passed by the House. (a) PROHIBITION ON THE USE OF FUNDS.—The eral shall review the study after its trans- The SPEAKER pro tempore. The Secretary shall not make a grant under this mittal to the committees described in sub- question is on the motion offered by Act to any State or political subdivision of section (c) and within 3 months make appro- the gentleman from Florida [Mr. BILI- any State, nor shall any other funds made priate recommendations concerning such re- RAKIS]. available under this Act, be obligated or ex- port to such committees. The motion was agreed to. pended in any State unless such State takes SEC. 10. PROHIBITIONS AND LIMITATIONS ON administrative or legislative action to re- THE USE OF FEDERAL FUNDS The Senate bill was ordered to be quire that a good faith effort shall be made (a) PROMOTION OR ENCOURAGEMENT OF CER- read a third time, was read the third to notify a spouse of an AIDS-infected pa- TAIN ACTIVITIES.—No funds authorized to be time, and passed. H 9068 CONGRESSIONAL RECORD — HOUSE September 18, 1995 The title of the Senate bill was timely made with the appropriate regional cor- neath lands within the National Petroleum Re- amended so as to read: ‘‘A bill to poration. The validity of any such mining claim serve—Alaska selected by Kuukpik Corporation, amend the Public Health Service Act or claims may be contested by the regional cor- where such subsurface estate entirely surrounds to revise and extend programs estab- poration, in place of the United States. All con- lands subject to a Native allotment application test proceedings and appeals by the mining approved under 905 of this Act, and the oil and lished pursuant to the Ryan White claimants of adverse decision made by the re- gas in such lands have been reserved to the Comprehensive AIDS Resources Emer- gional corporation shall be brought in Federal United States, Arctic Slope Regional Corpora- gency Act of 1990.’’ District Court for the District of Alaska. Neither tion, at its further option and subject to the A motion to reconsider was laid on the United States nor any Federal agency or of- concurrence of Kuukpik Corporation, shall be the table. ficial shall be named or joined as a party in entitled to receive a conveyance of the reserved A similar House bill (H.R. 1872 was such proceedings or appeals. All revenues from oil and gas, including all rights and privileges laid on the table. such mining claims received after passage of this therein reserved to the United States, in such paragraph shall be remitted to the regional cor- lands. Upon the receipt of a conveyance of such f poration subject to distribution pursuant to sec- oil and gas interests, the entitlement of Arctic Slope Regional Corporation to in-lieu subsurface ALASKA NATIVE CLAIMS tion 7(i) of this Act, except that in the event that the mining claim or claims are not totally lands under section 12(a)(1) of the Alaska Na- SETTLEMENT AMENDMENT within the lands conveyed to the regional cor- tive Claims Settlement Act (43 U.S.C. 1611(a)(1)) Mr. YOUNG of Alaska. Mr. Speaker, I poration, the regional corporation shall be enti- shall be reduced by the amount of acreage deter- move to suspend the rules and take tled only to that proportion of revenues, other mined by the Secretary to be conveyed to Arctic from the Speaker’s table the bill (H.R. than administrative fees, reasonably allocated Slope Regional Corporation pursuant to this paragraph.’’. 402) to amend the Alaska Native to the portion of the mining claim so con- veyed.’’. SEC. 106. REPORT CONCERNING OPEN SEASON Claims Settlement Act, and for other FOR CERTAIN NATIVE ALASKA VET- SEC. 103. SETTLEMENT OF CLAIMS ARISING FROM ERANS FOR ALLOTMENTS. purposes, with a Senate amendment HAZARDOUS SUBSTANCE CONTAMI- thereto, and concur in the Senate NATION OF TRANSFERRED LANDS. (a) IN GENERAL.—No later than 9 months after amendment. The Alaska Native Claims Settlement Act (43 the date of enactment of this Act, the Secretary The Clerk read as follows: U.S.C. 1601 et seq.) is amended by adding at the of the Interior, in consultation with the Sec- retary of Agriculture, the State of Alaska and Senate amendment: end the following: appropriate Native corporations and organiza- Strike out all after the enacting clause and ‘‘CLAIMS ARISING FROM CONTAMINATION OF tions, shall submit to the Committee on Re- insert: TRANSFERRED LANDS sources of the House of Representatives and the ‘‘SEC. 40. (a) As used in this section the term TITLE I—ALASKA NATIVE CLAIMS Committee on Energy and Natural Resources of ‘contaminant’ means hazardous substance SETTLEMENT the Senate a report which shall include, but not harmful to public health or the environment, in- SECTION 101. RATIFICATION OF CERTAIN be limited to, the following: CASWELL AND MONTANA CREEK NA- cluding friable asbestos. (1) The number of Vietnam era veterans, as TIVE ASSOCIATIONS CONVEYANCES. ‘‘(b) Within 18 months of enactment of this defined in section 101 of title 38, United States The conveyance of approximately 11,520 acres section, and after consultation with the Sec- Code, who were eligible for but did not apply for to Montana Creek Native Association, Inc., and retary of Agriculture, State of Alaska, and ap- an allotment of not to exceed 160 acres under the conveyance of approximately 11,520 acres to propriate Alaska Native corporations and orga- the Act of May 17, 1906 (chapter 2469, 34 Stat. Caswell Native Association, Inc., by Cook Inlet nizations, the Secretary shall submit to the 197), as the Act was in effect before December Region, Inc. in fulfillment of the agreement of Committee on Resources of the House of Rep- 18, 1971. February 3, 1976, and subsequent letter agree- resentatives and the Committee on Energy and (2) An assessment of the potential impacts of ment of March 26, 1982, among the 3 parties are Natural Resources of the Senate, a report ad- additional allotments on conservation system hereby adopted and ratified as a matter of Fed- dressing issues presented by the presence of con- units as that term is defined in section 102(4) of eral law. The conveyances shall be deemed to be taminants on lands conveyed or prioritized for the Alaska National Interest Lands Conserva- conveyances pursuant to section 14(h)(2) of the conveyance to such corporations pursuant to tion Act (94 Stat. 2375). Alaska Native Claims Settlement Act (43 U.S.C. this Act. Such report shall consist of— (3) Recommendations for any additional legis- 1613(h)(2)). The group corporations for Montana ‘‘(1) existing information concerning the na- lation that the Secretary concludes is necessary. Creek and Caswell are hereby declared to have ture and types of contaminants present on such (b) REQUIREMENT.—The Secretary of Veterans received their full entitlement and shall not be lands prior to conveyance to Alaska Native cor- Affairs shall release to the Secretary of the Inte- entitled to receive any additional lands under porations; rior information relevant to the report required the Alaska Native Claims Settlement Act. The ‘‘(2) existing information identifying to the ex- under subsection (a). ratification of these conveyances shall not have tent practicable the existence and availability of SEC. 107. TRANSFER OF WRANGELL INSTITUTE. any effect on section 14(h) of the Alaska Native potentially responsible parties for the removal or (a) PROPERTY TRANSFER.—In order to effect a Claims Settlement Act (43 U.S.C. 1613(h)) or remediation of the effects of such contaminants; recision of the ANCSA settlement conveyance to upon the duties and obligations of the United ‘‘(3) identification of existing remedies; Cook Inlet Region, Incorporated of the approxi- States to any Alaska Native Corporation. This ‘‘(4) recommendations for any additional leg- mately 134.49 acres and structures located there- ratification shall not be for any claim to land or islation that the Secretary concludes is nec- on (‘‘property’’) known as the Wrangell Insti- money by the Caswell or Montana Creek group essary to remedy the problem of contaminants tute in Wrangell, Alaska, upon certification to corporations or any other Alaska Native Cor- on the lands; and the Secretary by Cook Inlet Region, Incor- poration against the State of Alaska, the United ‘‘(5) in addition to the identification of con- porated, that the Wrangell Institute property States, or Cook Inlet Region, Incorporated. taminants, identification of structures known to has been offered for transfer to the City of have asbestos present and recommendations to SEC. 102. MINING CLAIMS ON LANDS CONVEYED Wrangell, property bidding credits in an amount TO ALASKA REGIONAL CORPORA- inform Native landowners on the containment of of $475,000, together with adjustments from Jan- TIONS. asbestos.’’. uary 1, 1976 made pursuant to the methodology Section 22(c) of the Alaska Native Claims Set- SEC. 104. AUTHORIZATION OF APPROPRIATIONS used to establish the Remaining Obligation En- tlement Act (43 U.S.C. 1621(c)) is amended by FOR THE PURPOSES OF IMPLEMENT- titlement in the Memorandum of Understanding adding at the end the following: ING REQUIRED RECONVEYANCES. Between the United States Department of the ‘‘(3) This section shall apply to lands con- Section 14(c) of the Alaska Native Claims Set- Interior and Cook Inlet Region, Incorporated veyed by interim conveyance or patent to a re- tlement Act (43 U.S.C. 1613(c)) is amended by dated April 11, 1986, shall be restored to the gional corporation pursuant to this Act which adding at the end the following: Cook Inlet Region, Incorporated, property ac- are made subject to a mining claim or claims lo- ‘‘There is authorized to be appropriated such count in the Treasury established under section cated under the general mining laws, including sums as may be necessary for the purpose of 12(b) of the Act of January 2, 1976 (Public Law lands conveyed prior to enactment of this para- providing technical assistance to Village Cor- 94–204, 43 U.S.C. 1611 note), as amended, re- graph. Effective upon the date of enactment of porations established pursuant to this Act in ferred to in such section as the ‘‘Cook Inlet Re- this paragraph, the Secretary, acting through order that they may fulfill the reconveyance re- gion, Incorporated, property account’’. Accept- the Bureau of Land Management and in a man- quirements of section 14(c) of this Act. The Sec- ance by the City of Wrangell, Alaska of the ner consistent with section 14(g), shall transfer retary may make funds available as grants to property shall constitute a waiver by the City of to the regional corporation administration of all ANCSA or nonprofit corporations that maintain Wrangell of any claims for the costs of remedi- mining claims determined to be entirely within in-house land planning and management capa- ation related to asbestos, whether in the nature lands conveyed to that corporation. Any person bilities.’’. of participation or reimbursement, against the holding such mining claim or claims shall meet SEC. 105. NATIVE ALLOTMENTS. United States or Cook Inlet Region, Incor- such requirements of the general mining laws Section 1431(o) of the Alaska National Interest porated. The acceptance of the property bidding and section 314 of the Federal Land Manage- Lands Conservation Act (94 Stat. 2542) is credits by Cook Inlet Region, Incorporated, ment and Policy Act of 1976 (43 U.S.C. 1744), ex- amended by adding at the end the following: Alaska of the property shall constitute a waiver cept that any filings that would have been made ‘‘(5) Following the exercise by Arctic Slope Re- by Cook Inlet Region, Incorporated of any with the Bureau of Land Management if the gional Corporation of its option under para- claims for the costs of remediation related to as- lands were within Federal ownership shall be graph (1) to acquire the subsurface estate be- bestos, whether in the nature of participation or September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9069

reimbursement, against the United States. In no (5) HAWAIIAN HOMES COMMISSION ACT.—The employ a process of bargaining, mediation, or event shall the United States be required to take term ‘‘Hawaiian Homes Commission Act’’ means other means of dispute resolution to make the title to the property. Such restored property bid- the Hawaiian Homes Commission Act, 1920 (42 determinations of values described in subpara- ding credits may be used in the same manner as Stat. 108 et. seq., chapter 42). graphs (A) and (B) of paragraph (1). any other portion of the account. (6) HAWAII STATE ADMISSION ACT.—The term (b) AUTHORIZATION.— (b) HOLD HARMLESS.—Upon acceptance of the ‘‘Hawaii State Admission Act’’ means the Act (1) EXCHANGE.—Subject to paragraphs (2) and property bidding credits by Cook Inlet Region, entitled ‘‘An Act to provide for the admission of (5), the Secretary may convey Federal lands de- Inc., the United States shall defend and hold the State of Hawaii into the Union’’, approved scribed in paragraph (5) to the Department of harmless Cook Inlet Region, Incorporated, and March 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. Hawaiian Home Lands in exchange for the con- its subsidiaries in any and all claims arising note prec. 491). tinued retention by the Federal Government of from asbestos or any contamination existing at (7) LOST USE.—The term ‘‘lost use’’ means the lands described in subsection (a)(1)(A). the Wrangell Institute property at the time of value of the use of the land during the period (2) VALUE OF LANDS.—(A) The value of any transfer of ownership of the property from the when beneficiaries or the Hawaiian Homes Com- lands conveyed to the Department of Hawaiian United States to Cook Inlet Region, Incor- mission have been unable to use lands as au- Home Lands by the Federal Government in ac- porated. thorized by the Hawaiian Homes Commission cordance with an exchange made under para- SEC. 108. SHISHMAREF AIRPORT AMENDMENT. Act because of the use of such lands by the Fed- graph (1) may not be less than the value of the The Shishmaref Airport, conveyed to the State eral Government after August 21, 1959. lands retained by the Federal Government pur- of Alaska on January 5, 1967, in Patent No. (8) SECRETARY.—The term ‘‘Secretary’’ means suant to such exchange. 1240529, is subject to reversion to the United the Secretary of the Interior. (B) For the purposes of this subsection, the value of any lands exchanged pursuant to para- States, pursuant to the terms of that patent for SEC. 203. SETTLEMENT OF FEDERAL CLAIMS. graph (1) shall be determined as of the date the nonuse as an airport. The Administrator of the (a) DETERMINATION.— exchange is carried out, or any other date deter- Federal Aviation Administration is hereby di- (1) The Secretary shall determine the value of mined by the Secretary, with the concurrence of rected to exercise said reverter in Patent No. the following: the Chairman. 1240529 in favor of the United States within (A) Lands under the control of the Federal (3) LOST USE.—Subject to paragraphs (4) and twelve months of the date of enactment of this Government that— (5), the Secretary may convey Federal lands de- section. Upon revesting of title, notwithstanding (i) were initially designated as available lands scribed in paragraph (5) to the Department of any other provision of law, the United States under section 203 of the Hawaiian Homes Com- Hawaiian Home Lands as compensation for the shall immediately thereafter transfer all right, mission Act (as in effect on the date of enact- lost use of lands determined under subsection title, and interest of the United States in the ment of such Act); and (a)(1)(B). subject lands to the Shishmaref Native Corpora- (ii) were nevertheless transferred to or other- (4) VALUE OF LOST USE.—(A) the value of any tion. Nothing in this section shall relieve the wise acquired by the Federal Government. State, the United States, or any other poten- lands conveyed to the Department of Hawaiian (B) The lost use of lands described in subpara- Home Lands by the Federal Government as com- tially responsible party of liability, if any, graph (A). under existing law for the cleanup of hazardous pensation under paragraph (3) may not be less (2)(A) Except as provided in subparagraph than the value of the lost use of lands deter- or solid wastes on the property, nor shall the (B), the determinations of value made under United States or Shishmaref Native Corporation mined under subsection (a)(1)(B). this subsection shall be made not later than 1 (B) For the purposes of this subparagraph, become liable for the cleanup of the property year after the date of enactment of this Act. In the value of any lands conveyed pursuant to solely by virtue of acquiring title from the State carrying out this subsection, the Secretary shall paragraph (3) shall be determined as of the date of Alaska or from the United States. use a method of determining value that— that the conveyance occurs, or any other date SEC. 109. CONFIRMATION OF WOODY ISLAND AS (i) is acceptable to the Chairman; and determined by the Secretary, with the concur- ELIGIBLE NATIVE VILLAGE. (ii) is in the best interest of the beneficiaries. rence of the Chairman. The Native village of Woody Island, located (B) The Secretary and the Chairman may mu- (5) FEDERAL LANDS FOR EXCHANGE.—(A) Sub- on Woody Island, Alaska, in the Koniag Region, tually agree to extend the deadline for making ject to subparagraphs (B) and (C), Federal is hereby confirmed as an eligible Alaska Native determinations under this subparagraph beyond lands located in Hawaii that are under the con- Village, pursuant to Section 11(b)(3) of the Alas- the date specified in subparagraph (A). trol of an agency (other than lands within the ka Native Claims Settlement Act (‘‘ANCSA’’). It (3) The Secretary and the Chairman may mu- National Park System or the National Wildlife is further confirmed that Leisnoi, Inc., is the tually agree, with respect to the determinations Refuge System) may be conveyed to the Depart- Village Corporation, as that term is defined in of value described in subparagraphs (A) and (B) ment of Hawaiian Home Lands under para- Section 3(j) of ANCSA, for the village of Woody of paragraph (1), to provide— graphs (1) and (3). To assist the Secretary in Island. (A) for making any portion of the determina- carrying out this Act, the head of an agency SEC. 110. DEFINITION OF REVENUES. tions of value pursuant to subparagraphs (A) may transfer to the Department of the Interior, (a) Section 7(i) of the Alaska Native Claims and (B) of paragraph (1); and without reimbursement, jurisdiction and control Settlement Act, Public Law 92–203 (43 U.S.C. (B) for making the remainder of the deter- over any lands and any structures that the Sec- 1606(i)), is amended— minations with respect to which the Secretary retary determines to be suitable for conveyance (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and and the Chairman do not exercise the option de- to the Department of Hawaiian Home Lands (2) by adding at the end the following new scribed in subparagraph (A), pursuant to an ap- pursuant to an exchange conducted under this paragraph: praisal conducted under paragraph (4). section. ‘‘(2) For purposes of this subsection, the term (4)(A) Except as provided in subparagraph (B) No Federal lands that the Federal Govern- ‘revenues’ does not include any benefit received (C), if the Secretary and the Chairman do not ment is required to convey to the State of Ha- or realized for the use of losses incurred or cred- agree on the determinations of value made by waii under section 5 of the Hawaii State Admis- its earned by a Regional Corporation.’’. the Secretary under subparagraphs (A) and (B) sion Act may be conveyed under paragraph (1) (b) This amendment shall be effective as of the of paragraph (1), or, pursuant to paragraph (3), or (3). date of enactment of the Alaska Native Claims mutually agree to determine the value of certain (C) No Federal lands that generate income (or Settlement Act, Public Law 92–203 (43 U.S.C. lands pursuant to this subparagraph, such val- would be expected to generate income) for the 1601, et seq.). ues shall be determined by an appraisal. An ap- Federal Government may be conveyed pursuant TITLE II—HAWAIIAN HOME LANDS praisal conducted under this subparagraph to an exchange made under this paragraph to SEC. 201. SHORT TITLE shall be conducted in accordance with appraisal the Department of Hawaiian Home Lands. This title may cited as the ‘‘Hawaiian Home standards that are mutually agreeable to the (c) AVAILABLE LANDS.— Lands Recovery Act’’. Secretary and the Chairman. (1) IN GENERAL.—Subject to paragraphs (2) SEC. 202. DEFINITIONS. (B) If an appraisal is conducted pursuant to and (3), the Secretary shall require that lands As used in this title: this subparagraph, during the appraisal proc- conveyed to the Department of Hawaiian Home (1) AGENCY.—The term ‘‘agency’’ includes— ess— Lands under this Act shall have the status of (A) any instrumentality of the United States; (i) the Chairman shall have the opportunity available lands under the Hawaiian Home Com- (B) any element of an agency; and to present evidence of value to the Secretary; mission Act. (C) any wholly owned or mixed-owned cor- (ii) the Secretary shall provide the Chairman (2) SUBSEQUENT EXCHANGE OF LANDS.—Not- poration of the United States Government. a preliminary copy of the appraisal; withstanding any other provision of law, lands (2) BENEFICIARY.—The term ‘‘beneficiary’’ has (iii) the Chairman shall have a reasonable conveyed to the Department of Hawaiian Home the same meaning as is given the term ‘‘native and sufficient opportunity to comment on the Lands under this paragraph may subsequently Hawaiian’’ under section 201(7) of the Hawaiian preliminary copy of the appraisal; and be exchanged pursuant to section 204(3) of the Homes Commission Act. (iv) the Secretary shall give consideration to Hawaiian Home Commission Act. (3) CHAIRMAN.—The term ‘‘Chairman’’ means the comments and evidence of value submitted (3) SALE OF CERTAIN LANDS.—Notwithstanding the Chairman of the Hawaiian Homes Commis- by the Chairman under this subparagraph. any other provision of law, the Chairman may, sion of the State of Hawaii. (C) The Chairman shall have the right to dis- at the time that lands are conveyed to the De- (4) COMMISSION.—The term ‘‘Commission’’ pute the determinations of values made by an partment of Hawaiian Home Lands as com- means the Hawaiian Homes Commission estab- appraisal conducted under this subparagraph. pensation for lost use under this Act, designate lished by section 202 of the Hawaiian Homes If the Chairman disputes the appraisal, the Sec- lands to be sold. The Chairman is authorized to Commission Act. retary and the Chairman may mutually agree to sell such land under terms and conditions that H 9070 CONGRESSIONAL RECORD — HOUSE September 18, 1995 are in the best interest of the beneficiaries. The of subsection (a)(1), as determined pursuant to the Secretary initiates a recommendation for proceeds of such a sale may only be used for the such subsection, by an amount equal to the ap- such an exchange, the Secretary shall submit a purposes described in section 207(a) of the Ha- praised value of any excess lands conveyed pur- report to the Chairman on the proposed ex- waiian Homes Commission Act. suant to paragraph (6). change that meets the requirements of a report (d) CONSULTATION.—In carrying out their re- (9) LIMITATION.—No Federal lands that gen- described in subsection (a). spective responsibilities under this section, the erate income (or would be expected to generate (2) APPROVAL BY CHAIRMAN.—Not later than Secretary and the Chairman shall— income) for the Federal Government may be con- 120 days after receiving a recommendation for (1) consult with the beneficiaries and organi- veyed pursuant to this subsection to the Depart- an exchange from the Secretary under para- zations representing the beneficiaries; and ment of Hawaiian Home Lands. graph (1), the Chairman shall provide written (2) report to such organizations on a regular SEC. 204. PROCEDURE FOR APPROVAL OF AMEND- notification to the Secretary of the approval or basis concerning the progress made to meet the MENTS TO HAWAIIAN HOMES COM- disapproval of a proposed exchange. If the requirements of this section. MISSION ACT. Chairman approves the proposed exchange, (e) HOLD HARMLESS.—Notwithstanding any (a) NOTICE TO THE SECRETARY.—Not later upon receipt of the written notification, the Sec- other provision of law, the United States shall than 120 days after a proposed amendment to retary shall notify the Committee on Energy and defend and hold harmless the Department of the Hawaiian Homes Commission Act is ap- Natural Resources of the Senate, and the Com- Hawaiian Home Lands, the employees of the De- proved in the manner provided in section 4 of mittee on Resources of the House of Representa- partment, and the beneficiaries with respect to the Hawaii State Admission Act, the Chairman tives of the approval of the Chairman of the any claim arising from the ownership of any shall submit to the Secretary— proposed exchange. land or structure that is conveyed to the De- (1) a copy of the proposed amendment; (3) EXCHANGE.—Upon providing notification partment pursuant to an exchange made under (2) the nature of the change proposed to be pursuant to paragraph (2) of a proposed ex- this section prior to the conveyance to the De- made by the amendment; and change that has been approved by the Chair- partment of such land or structure. (3) an opinion regarding whether the proposed man pursuant to this section, the Secretary may (f) SCREENING.— amendment requires the approval of Congress carry out the exchange. (1) IN GENERAL.—Notwithstanding any other under section 4 of the Hawaii State Admission (d) SELECTION AND EXCHANGE.— provision of law, the Secretary of Defense and Act. (1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may— the Administrator of General Services shall, at (b) DETERMINATION BY SECRETARY.—Not later (A) select real property that is the subject of the same time as notice is provided to Federal than 60 days after receiving the materials re- screening activities conducted by the Secretary agencies that excess real property is being quired to be submitted by the Chairman pursu- of Defense or the Administrator of General Serv- screened pursuant to applicable Federal laws ant to subsection (a), the Secretary shall deter- ices pursuant to applicable Federal laws (in- (including regulations) for possible transfer to mine whether the proposed amendment requires cluding regulations) for possible transfer to Fed- such agencies, notify the Chairman of any such the approval of Congress under section 4 of the eral agencies; and screening of real property that is located within Hawaii State Admission Act, and shall notify the State of Hawaii. (B) make recommendations to the Chairman the Chairman and Congress of the determina- concerning making an exchange under sub- (2) RESPONSE TO NOTIFICATION.—Notwith- tion of the Secretary. standing any other provision of law, not later section (c) that includes such real property. (c) CONGRESSIONAL APPROVAL REQUIRED.—If, (2) TRANSFER.—Notwithstanding any other than 90 days after receiving a notice under pursuant to subsection (b), the Secretary deter- paragraph (1), the Chairman may select for ap- provision of law, if the Chairman approves an mines that the proposed amendment requires the exchange proposed by the Secretary under para- praisal real property, or at the election of the approval of Congress, the Secretary shall submit Chairman, portions of real property, that is the graph (1)— to the Committee on Energy and Natural Re- (A) the Secretary of Defense or the Adminis- subject of a screening. sources of the Senate and the Committee on Re- trator of General Services shall transfer the real (3) SELECTION.—Notwithstanding any other sources of the House of Representatives— provision of law, with respect to any real prop- property described in paragraph (1)(A) that is (1) a draft joint resolution approving the the subject of the exchange to the Secretary erty located in the State of Hawaii that, as of amendment; the date of enactment of this Act, is being without reimbursement; and (2) a description of the change made by the (B) the Secretary shall carry out the ex- screened pursuant to applicable Federal laws proposed amendment and an explanation of change. for possible transfer (as described in paragraph how the amendment advances the interests of (3) LIMITATION.—No Federal lands that gen- (1)) or has been screened for such purpose, but the beneficiaries; erate income (or would be expected to generate has not been transferred or declared to be sur- (3) a comparison of the existing law (as of the income) for the Federal Government may be con- plus real property, the Chairman may select all, date of submission of the proposed amendment) veyed pursuant to this subsection to the Depart- or any portion of, such real property to be ap- that is the subject of the amendment with the ment of Hawaiian Home Lands. praised pursuant to paragraph (4). proposed amendment; (e) SURVEYS AND APPRAISALS.— (4) APPRAISAL.—Notwithstanding any other (4) a recommendation concerning the advis- (1) REQUIREMENT.—The Secretary shall con- provision of law, the Secretary of Defense or the ability of approving the proposed amendment; duct a survey of all Hawaiian Home Lands Administrator of General Services shall appriase and based on the report entitled ‘‘Survey Needs for the real property or portions of real property se- (5) any documentation concerning the amend- the Hawaiian Home Lands’’, issued by the Bu- lected by the Chairman using the Uniform ments received from the Chairman. reau of Land Management of the Department of Standards for Federal Land Acquisition devel- SEC. 205. LAND EXCHANGES. the Interior, and dated July 1991. oped by the Interagency Land Acquisition Con- (2) OTHER SURVEYS.—The Secretary is author- (a) NOTICE TO THE SECRETARY.—If the Chair- ference, or such other standard as the Chairman ized to conduct such other surveys and apprais- man recommends for approval an exchange of agrees to. als as may be necessary to make an informed de- Hawaiian Home Lands, the Chairman shall sub- (5) REQUEST FOR CONVEYANCE.—Notwith- cision regarding approval or disapproval of a mit a report to the Secretary on the proposed ex- standing any other provision of law, not later proposed exchange. than 30 days after the date of completion of change. The report shall contain— (1) a description of the acreage and fair mar- SEC. 206. ADMINISTRATION OF ACTS BY UNITED such appraisal, the Chairman may request the STATES. ket value of the lands involved in the exchange; conveyance to the Department of Hawaiian (a) DESIGNATION.— Home Lands of— (2) surveys and appraisals prepared by the (1) IN GENERAL.—Not later than 120 days after (A) the appraised property; or Department of Hawaiian Home Lands, if any; the date of enactment of this Act, the Secretary (B) a portion of the appraised property, to the and shall designate an individual from within the Department of Hawaiian Home Lands. (3) an identification of the benefits to the par- Department of the Interior to administer the re- (6) CONVEYANCE.—Notwithstanding any other ties of the proposed exchange. sponsibilities of the United States under this provision of law, upon receipt of a request from (b) APPROVAL OR DISAPPROVAL.— title and the Hawaiian Homes Commission Act. the Chairman, the Secretary of Defense or the (1) IN GENERAL.—Not later than 120 days after (2) DEFAULT.—If the Secretary fails to make Administrator of the General Services Adminis- receiving the information required to be submit- an appointment by the date specified in para- tration shall convey, without reimbursement, ted by the Chairman pursuant to subsection (a), graph (1), or if the position is vacant at any the real property that is the subject of the re- the Secretary shall approve or disapprove the time thereafter, the Assistant Secretary for Pol- quest to the Department of Hawaiian Home proposed exchange. icy, Budget, and Administration of the Depart- Lands as compensation for lands identified (2) NOTIFICATION.—The Secretary shall notify ment of the Interior shall exercise the respon- under subsection (a)(1)(A) or lost use identified the Chairman, the Committee on Energy and sibilities for the Department in accordance with under subsection (a)(1)(B). Natural Resources of the Senate, and the Com- subsection (b). (7) REAL PROPERTY NOT SUBJECT TO mittee on Resources of the House of Representa- (b) RESPONSIBILITIES.—The individual des- RECOUPMENT.—Notwithstanding any other pro- tives of the reasons for the approval or dis- ignated pursuant to subsection (a) shall, in ad- vision of law, any real property conveyed pur- approval of the proposed exchange. ministering the laws referred to in such sub- suant to paragraph (6) shall not be subject to (c) EXCHANGES INITIATED BY SECRETARY.— section— recoupment based upon the sale or lease of the (1) IN GENERAL.—The Secretary may rec- (1) advance the interests of the beneficiaries; land by the Chairman. ommend to the Chairman an exchange of Ha- and (8) VALUATION.—Notwithstanding any other waiian Home Lands for Federal lands described (2) assist the beneficiaries and the Department provision of law, the Secretary shall reduce the in section 203(b)(5), other than lands described of Hawaiian Home Lands in obtaining assist- value identified under subparagraph (A) or (B) in subparagraphs (B) and (C) of such section. If ance from programs of the Department of the September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9071 Interior and other Federal agencies that will Settlement Act of 1971 [ANCSA] and the remarks that he has made. Unless I promote homesteading opportunities, economic the Alaska National Interests Land misunderstood him, I think that some self-sufficiency, and social well-being of the Conservation Act to address some of of the objections being raised are moot, beneficiaries. the unresolved land issues which have rather than mute. Unfortunately, very SEC. 207. ADJUSTMENT. The Act of July 1, 1932 (47 Stat. 564, chapter arisen since the passage of these Acts. few of the activities and actions on this 369; 25 U.S.C. 386a) is amended by striking the This bill also adds a new title to ad- floor take place in a mute situation. period at the end and adding the following: ‘‘: dress the issue of Hawaiian Home We may wish for more of that before Provided further, That the Secretary shall ad- Lands. we are through. just or eliminate charges, defer collection of con- Title I includes specific land convey- Unfortunately the gentleman from struction costs, and make no assessment on be- ances to Native corporations, the clari- Alaska [Mr. YOUNG] has probably half of such charges for beneficiaries that hold fication of mining authority and ad- missed the general tenor of my re- leases on Hawaiian home lands, to the same ex- ministration of mining claims on lands marks in the last minute or so, because tent as is permitted for individual Indians or tribes of Indians under this section.’’. conveyed to Native corporations, an he is otherwise preoccupied. I hope he SEC. 208. REPORT. authorization for technical assistance will, however, be able to take note of (a) IN GENERAL.—Not later than 180 days to Native villages to help with land the fact that I rise in support of the after the date of enactment of this Act, the reconveyances required under ANCSA, legislation which passed the House Chairman shall report to the Secretary concern- a report on Vietnam-era veterans who without controversy on March 14 of ing any claims that— were eligible but did not receive land this year. That bill was the product, as (1) involve the transfer of lands designated as under the Native Allotment Act of May the gentleman from Alaska [Mr. available lands under section 203 of the Hawai- ian Homes Commission Act (as in effect on the 17, 1906, the confirmation of Woody Is- YOUNG] has noted, of a lengthy process date of enactment of such Act); and land, AK, as an eligible Alaska Native and negotiation between the Depart- (2) are not otherwise covered under this title. village under ANCSA and further clari- ment of the Interior, the State of Alas- (b) REVIEW.—Not later than 180 days after re- fication regarding the application of ka, and the Alaska Federation of Na- ceiving the report submitted under subsection section 7(i) of the ANCSA revenue shar- tives and other interested parties, one (a), the Secretary shall make a determination ing provision to Alaska Native Re- of whom obviously, of course, is the with respect to each claim referred to in sub- section (a), whether, on the basis of legal and gional corporations. State of Hawaii. equitable considerations, compensation should Title II authorizes the Secretary of It was substantially the same as leg- be granted to the Department of Hawaiian the Interior to begin the negotiation islation passed in the last Congress, Home Lands. process for 1,400 acres of Federal lands and it dealt with a number of matters (c) COMPENSATION.—If the Secretary makes a to be conveyed to the Department of of importance to native Alaskans and determination under subsection (b) that com- Hawaiian Home Lands in exchange for to native Hawaiians. pensation should be granted to the Department However, Mr. Speaker, the bill before of Hawaiian Home Lands, the Secretary shall Hawaiian Home Lands retained by the determine the value of the lands and lost use in Federal Government and for compensa- us today has been amended by the accordance with the process established under tion for lost use of these lands. This is other body and can no longer be de- section 203(a), and increase the determination of an authorization only to establish a scribed as legislation that resembled value made under subparagraphs (A) and (B) of process for the exchange of lands as au- that which I previously noted. To be section 203(a)(1) by the value determined under thorized in the Hawaiian Home Lands clear, the Department of the Interior this subsection. Recovery Act. has certain concerns about some of the SEC. 209. AUTHORIZATION. Mr. Speaker, all these provisions are provisions added by the other body. There are authorized to be appropriated such long awaited, by both my Alaska Na- In this case, however, I defer to the sums as may be necessary for compensation to judgment of the gentleman from Alas- the Department of Hawaiian Home Lands for tive constituency and the Hawaiian the value of the lost use of lands determined Native constituency to resolve some of ka [Mr. YOUNG] as to what is in the under section 203. Compensation received by the the land disputes in the respective Na- best interests of the Alaskan natives. I Department of Hawaiian Home Lands from tive homelands and States. would hope, Mr. Speaker, that our col- funds made available pursuant to this section I want to thank Chairman KASICH leagues would do that for the gen- may only be used for the purposes described in and his staff for their thorough review tleman from Alaska [Mr. YOUNG] and section 207(a) of the Hawaiian Homes Commis- of this bill in a short period of time and myself. I urge my colleagues to support sion Act. To the extent that amounts are made their cooperation in scheduling this the bill. available by appropriations pursuant to this Mr. Speaker, I want to say in addi- section for compensation paid to the Department bill on today’s program. of Hawaiian Home Lands for lost use, the Sec- Mr. Speaker, I would suggest respect- tion how much I appreciate the con- retary shall reduce the determination of value fully that one of the most frustrating cerns and the attention paid by the established under section 203(a)(1)(B) by such things I have in this profession of mine gentleman from Alaska [Mr. YOUNG] amount. is when I have people come to me and and the Committee on Resources staff The SPEAKER pro tempore. Pursu- suggest ‘‘we should have been noti- to this bill. The gentleman is quite cor- ant to the rule, the gentleman from fied.’’ This bill has been on the burner rect that this has taken actually years Alaska [Mr. YOUNG] will be recognized for a long, long time, and the Senate to get through. Some sections of it for 20 minutes, and the gentleman from provision for the Hawaiian homelands have been months in the making. Hear- Hawaii [Mr. ABERCROMBIE] will be rec- has been passed by the Senate many, ings have been held. ognized for 20 minutes. many months ago. Now people are rais- I think that it is fair to say that this The Chair recognizes the gentleman ing some questions, I want to suggest has been acted on in a bipartisan way, from Alaska [Mr. YOUNG]. redundantly. I think those questions based on the merits rather than on (Mr. YOUNG of Alaska asked and was are moot, and should not be answered some of the fears and anxieties that given permission to revise and extend at this time because they are not ger- might otherwise have attended this his remarks.) mane to the subject we are discussing bill. Mr. YOUNG of Alaska. Mr. Speaker, I today. Mr. Speaker, I do hope that our col- rise in strong support of H.R. 402, as Mr. Speaker, I urge my colleagues to leagues will recognize that this bill has amended in the Senate. This bill is the support this measure. been put together on the basis of good result of a 21⁄2-year effort of the Alaska Mr. Speaker, I reserve the balance of will and good faith, and that the mat- Federation of Natives, the State of my time. ters to be dealt with in the bill have Alaska, the administration, and my (Mr. ABERCROMBIE asked and was long since passed the point of reason- ranking minority member, Mr. MILLER, given permission to revise and extend able time to have them resolved. and I thank them for their dedication his remarks.) Mr. Speaker, I rise in strong support of title and hard work. Sections 101 and 107 of Mr. ABERCROMBIE. Mr. Speaker, I II, the Hawaiian Home Lands Recovery Act, title I of this bill have already passed yield myself such time as I may contained in H.R. 402, the Alaska Native the House in previous Congresses but consume. Claims Settlement Act. The Hawaiian Home were not acted on by the Senate. Mr. Speaker, I would like to say to Lands Recovery Act demonstrates a good H.R. 402 makes several technical my good friend from Alaska [Mr. faith effort by the Federal Government regard- changes to the Alaska Native Claims YOUNG] that I very much appreciate ing the settlement of claims by the Department H 9072 CONGRESSIONAL RECORD — HOUSE September 18, 1995 of Hawaiian Home Lands. In simpler terms, the 1920 Act that are not currently part of the Section 203(b) authorizes the conveyance this is a land exchange bill from the Federal home land inventory, whether the withdrawal of land to the Department of Hawaiian Home Government to the Department of Hawaiian occurred as a result of executive action, or Lands as compensation for lost lands, and the Home Lands to make the covenant whole in through an act of Congress. The Secretary is lost use of home lands retained by the Federal regards to the set aside of lands established also required to determine the value of the lost Government. This section further authorizes under the Hawaiian Homes Commission Act. use of lands currently controlled by the Fed- the head of any Federal agency to transfer Over 70 years have elapsed since Congress eral Government so that this, too, can be com- land and structures to the Secretary of the In- passed the Hawaiian Homes Commission Act pensated. terior for subsequent conveyance to DHHL. I of 1920 [HHCA]. Under the HHCA approxi- The valuation required by the legislation is want to contrast the two-step conveyance mately 203,500 acres of public land was set not intended to be a unilateral action by the process described in section 203(b)(5) with aside for the ``rehabilitation'' of Native Hawai- Secretary. On the contrary, section the authority for the General Services Admin- ians through a Government-sponsored home- 203(a)(2)(A) requires the use of a valuation istration or the Department of Defense to con- steading project. Two major factors prompted method that is acceptable to the Chairman of vey property directly to DHHL under Section Congress to pass the HHCA. First, the Native the Department of Hawaiian Home Lands and, 203(f)(6) of the bill. A section 203(f)(6) con- Hawaiians were a dying race. Population data most importantly, is in the best interests of the veyance would be a direct transfer of title, showed that the number of full-blooded Hawai- beneficiaries. These two conditions exist re- without intervention by the Department of the ians in the territory had decreased from an gardless of whether the Secretary uses an ap- Interior, whereas the Interior Department 1826 estimate of 142,650 to 22,600 in 1919. praisal or non-appraisal method of valuation. would act as a transfer agent for conveyances Second, Congress saw that previous systems Section 203(a)(2)(A) requires the Secretary to executed under section 203(b)(5). Let me of land distribution were ineffective when be an advocate for the best interests of Ha- point out, however, that although jurisdiction judged practically by the benefits accruing to waiian home beneficiaries in reaching a deter- and control of land would be transferred to the Native Hawaiians. mination of value. Thus the Secretary has a fi- Interior Department under a section 203(b)(5) The HHCA was originally intended for rural duciary responsibility for seeing to it that the conveyance, the Interior Department's respon- homesteading, i.e., for Native Hawaiians to beneficiaries receive the maximum possible sibility in completing the transfer is nothing leave urban areas and return to the lands to compensation. more than a ministerial function. In this case become subsistence or commercial farmers Under section 203(a), the Secretary need the agency serves as a conduit for con- and ranchers. Yet, the demand of Native Ha- not determine the value of land and lost use summating the transfer of title to the DHHL. waiians for residential house lots has far ex- by appraisal. The committee included a provi- Section 203(f) of the bill establishes a sec- ceeded the demand for agricultural or pastoral sion allowing valuation by a method other than ond means of conveying lands to the Depart- lots. appraisal in order to promote a speedy resolu- ment of Hawaiian Home Lands by allowing Since the State of Hawaii essentially as- tion of this longstanding conflict. The commit- DHHL to obtain lands that are excess to the sumed the duties of management and disposi- tee considers valuation by mutual agreement needs of individual Federal agencies. Sub- tion of the Hawaiian home lands under the to be far preferable to the burdensome proc- section (f) places the Department of Hawaiian Statehood Admission Act, why would an ac- ess of appraisal. During our hearings on this Home Lands in the same, or better, status as tion be considered a Federal breach? legislation, the Senate Energy and Natural Re- a Federal agency for the purpose of being no- FederalÐbecause (1) these wrongful ac- sources Committee was advised that the State tified of excess property and for obtaining the tions took place prior to statehood, in a time of Hawaii had appraised most of the Federal property from the excessing agency. Under no period when Hawaii was under Federal juris- properties in question. The GAO, in their re- circumstances should the land that has been diction, and in which title to the land was held port to the committee, analyzed the State ap- selected by the Chairman for appraisal under by the U.S. Government; or, (2) are continuing praisals and found the appraisal methodology section 203(f)(2), and possible conveyance wrongful actions for which the Federal Gov- used by the State was appropriate and that under section 203(f)(5), be transferred or oth- ernment is responsible and only the Federal proper accounting principles were employed. erwise disposed of by any Federal agency Government can remedy. The State appraisals therefore supplant the until the opportunity of the DHHL to obtain the BreachÐbecause the wrongful actions are need for a separate appraisal by the Depart- land has expired. breaches of responsibility under statute, by ju- ment of the Interior. Finally, let me comment on section 207 of dicial or legislative findings, through trust law, In the unfortunate event that the Interior De- the bill. This section establishes a cost sharing or moral obligations. Alienation of land, and partment decides to proceed with an ap- for Bureau of Reclamation projects on Hawai- use of the land for purposes that are not au- praisal, a number of specific safeguards have ian home lands that is the same as the cost thorized under the HHCA constitute breaches been instituted to ensure that the Department sharing authorized for projects on Indian of the trust. There are numerous examples of properly discharges its fiduciary responsibility lands. these breaches in the territorial period. 1,400 to protect the interests of the Hawaiian home Mr. Speaker, I reserve the balance of acres of identified Hawaiian home lands. beneficiaries. These include a guarantee that my time. The Hawaiian Home Lands Recovery Act the chairman of the Department of Hawaiian seeks to redress this issue by authorizing the Home Lands shall have the opportunity to Mr. YOUNG of Alaska. Mr. Speaker, I transfer of Federal lands to the Department of present evidence of the value of the home yield such time as he may consume to Hawaiian Home Lands in exchange for Hawai- lands that were lost as well as the value of the the gentleman from Colorado [Mr. ian home lands retained by the Federal Gov- lost use of these lands, the right to review and HEFLEY]. ernment. Although the term ``exchange'' is comment on a preliminary copy of the ap- Mr. HEFLEY. Mr. Speaker, I rise to used in this legislation, there is no expectation praisal, and most importantly, the requirement express concern to H.R. 402, the Alaska that DHHL will relinquish land to the Federal that the Secretary give full consideration of the Native Claims Settlement Act Amend- Government. DHHL need only relinquish any evidence of value presented by DHHL. Given ments. I do so reluctantly and for rea- remaining claim it may have to former home the responsibility under section 203(a)(2)(A) sons that have nothing to do with the lands now controlled by the Federal Govern- that the Secretary represent the best interests underlying measure which has already ment. The bill would also provide compensa- of the beneficiaries, the requirement in section passed the House. tion for lost use of Hawaiian home lands con- 203(a)(4)(B) is not ephemeral. When con- Title I of H.R. 402, concerning the trolled by the Federal Government. strued together, these provisions require the settlement of Alaskan Native claims, In advance of land being conveyed to the Secretary to give great weight to the rec- is legislation which deserves the sup- Department of Hawaiian Home Lands under ommendations of the DHHL on matters of port of the House. My qualms about sections 203(b) and 203(f) of the bill, the Sec- value, especially if the interests of home land this legislation reside wholly in title II retary of the Interior is required to determine beneficiaries would be advanced by doing so. which was added by the Senate. the value of lands currently controlled by the In addition to all these protections, the Title II of the bill, the Hawaiian Federal Government that were designated as Chairman of the Department of Hawaiian Home Lands Recovery Act, raises a available lands under the Hawaiian Homes Home Lands has the right to dispute the de- number of issues that have not been Commission Act. It is important to note that terminations of value for land and lost use. adequately addressed here in the section 203(a)(1)(A)(i) states that this deter- Thus it is unmistakably clear that the Sec- House. The legislation proposes to es- mination is to be made based upon the retary and the chairman of DHHL must mutu- tablish a system to resolve Hawaiian HHCA, as enacted. Thus, the valuation shall ally consent to the values to be determined native claims against the Federal Gov- include lands designated as home lands under under section 203 of the bill. ernment in disputes over lands which September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9073 were allegedly diverted during terri- the capabilities of the Department of the national security branch that, so torial times from a Federal homestead- Defense to get its work done than it is when I did find out that this possibly ing program for native Hawaiians to on the deliberative processes in either occurred, I contacted not only the two military use by the United States. As body in our national legislature. senior Senators from Hawaii, I also the chairman of the Subcommittee on I regret to say, Mr. Speaker, that the contacted by senior Senator from Alas- Military Installations and Facilities, I memorandum prepared for Mr. Mark ka. have a number of serious questions Wagner, the Assistant Secretary for I know I am not supposed to mention about the legislation sent to the House Defense Economic Security, whatever the other body. They said there was no by the Senate. that is, on the subject of the Depart- problem. They had had the review and My two principal concerns involve ment of Hawaiian Home Lands, dated decided that these concerns were un- the conflict between this legislation August 7, 1995, was written by a dep- warranted. So I am still a little bit and the disposal process put into place uty, which amounts to, I am afraid, a concerned that the Navy, after 15 for excess military property under the series of editorial comments having no months, now would editorialize and base closure and realignment process factual basis in the legislation. It is a throw up this sort of smokescreen, if I and the possible effects of title II on little bit difficult to respond to what may call it. Really what it means is the operational requirements for the amounts to ad hominem commentary, they just do not want to get rid of any- Armed Forces in Hawaii. I’m concerned but I will do my best to do that. thing they have, even though it is for a that the reuse and disposal of excess Mr. Speaker, there is also another legitimate reason and a legitimate property at Naval Air Station Barbers memo dated August 29 of this year right, and to have justice served, this Point will be seriously disrupted by from the Department of Defense to the provision should be adopted. this bill. Title II also holds open the Office of Management and Budget It bothers me because, if this is a prospect that the Department of De- which goes to several points. It states, brandnew issue, it has been sprung on fense, particularly the Navy, could be and I want to indicate this to the gen- the House, it would be a different evicted from certain lands essential for tleman from Alaska [Mr. YOUNG] and story. It was not sprung on the House. the continued performance of the De- to the gentleman from Colorado [Mr. This has been around for a long, long partment’s national defense mission HEFLEY], that the Department is not time. We hear Friday now that these merely to satisfy land claims of pos- discussing the merits of the claims in things may occur which, as was said sibly dubious merit. the memo, which I find extraordinary. before, there is no documentation, in Mr. Speaker, it is my understanding If it is not discussing the merits of the fact backing up their premise. that the Department of Defense and claims, why is it discussing it at all? So I am urging my Members to reject the Department of the Navy have ex- I will repeat that. The Department is the argument from the Navy because I pressed grave concern about the enact- not discussing the merits of the claims. think they are flat wrong. ment of title II of H.R. 402. The Depart- The claims go to two or three points Mr. ABERCROMBIE. Mr. Speaker, ment may have legitimate concerns or that the gentleman from Colorado [Mr. will the gentleman yield? the Department may be overreacting. HEFLEY] correctly raised as a result of Mr. YOUNG of Alaska. I yield to the We don’t know because there have been receiving these memos. gentleman from Hawaii. no hearings on title II of which I am The applicability of property at mili- Mr. ABERCROMBIE. Mr. Speaker, I aware. In my view, we should have a tary installations closed or realigned hope the gentleman agrees with me better understanding of the implica- pursuant to the base closure law, po- that perhaps there is not even an argu- tions of running with the Senate tential displacement from property es- ment being made so much as questions amendment before proceeding. sential for the performance of mission, being raised. To that degree, if I may I would prefer sending this bill back and creation of special appraisal stand- be granted just a moment or two more to the Senate without title II. That ards. both for the benefit of our colleagues, would allow the underlying measure I can assure the gentleman, and I am the committee, and for the gentleman concerning Alaskan Native claims to sure the gentleman from Alaska [Mr. from Colorado [Mr. HEFLEY], with proceed, but would also allow us some YOUNG] will in turn assure the gen- whom I have worked very, very closely time to take a look at the Senate tleman, that the legislation as written and for whom I have great respect. If amendment. in 402 and in section 2 does not in any the gentleman will just give me a mo- way obviate any of those purposes of ment, I will state for the record so that b 1545 the base closure law or any perform- it is explicit, Mr. Speaker. Mr. ABERCROMBIE. Mr. Speaker, ance of mission, nor anything having With respect to H.R. 402 and the base will the gentleman yield? to do with special appraisal standards. closure, commonly known as the Mr. HEFLEY. I yield to the gen- The comments are entirely editorial in BRAC, all the decisions to close and re- tleman from Hawaii. nature and amount to ad hominem align bases in Hawaii or elsewhere will Mr. ABERCROMBIE. Mr. Speaker, I commentary. continue to stand and will not be af- recognize the concerns of the gen- I can, if the gentleman from Alaska fected by this legislation. tleman from Colorado [Mr. HEFLEY] [Mr. YOUNG] desires it or the gen- With respect to the Barbers Point and telephoned him earlier today when tleman from Colorado [Mr. HEFLEY] de- situation, Barbers Point Naval Air Sta- I became aware of the mirrors that had sires it, submit in detail for the record tion, which is the most recent base clo- been raised this late in the game. I did or say it now on the floor point by sure report proposed, proposed by the not see the particular memorandum to point with a refutation, if you will, of BRAC Commission, a modification to which he referred in much of his re- these concerns. I can assure the gentle- the previous base closure decision, H.R. marks until just about an hour or less men it is neither the intent of the leg- 402 will not interfere with that decision than an hour before these proceedings. islation nor is the content of the lan- to implement the modified closure de- I can assure the gentleman as well as guage so far as I am able to determine, cision at Barbers Point. the gentleman from Alaska [Mr. that any of these concerns are any- On the base reuse and local reuse YOUNG], that, had I been aware of some thing other than editorial abstractions. issue, which was raised, on the ques- of these presumed objections earlier, I Mr. YOUNG of Alaska. Mr. Speaker, I tion of title II of H.R. 402 and affecting certainly would have brought to every- yield myself such time as I may the reuse of Hawaii military bases or one’s attention. consume. any other bases under the BRAC by the The fact is, if the gentleman will Mr. Speaker, I would like to add to local reuse committees, let me make allow me just a few moments to go the comments of the gentleman from the following points: the bill contains a over the history very quickly here, this Hawaii. very tight restriction on the ability of particular section in title II has been I understand the concern of the gen- the Department of Hawaiian Home before the Congress for 15 months now. tleman from Colorado. In my opening Lands to obtain base closure properties Apparently the Department of Defense statement I mentioned that I was very in order to secure a favorable CBO discovered it in August of this year. concerned. This is not a new issue. I scoring of the bill. The legislation ex- That may be more of a reflection on was, first, not notified by the Navy nor cludes—and this is for everything in H 9074 CONGRESSIONAL RECORD — HOUSE September 18, 1995 the legislation, not just title II, as the er, for some beaches in Alaska, perhaps offered by the gentleman from Alaska gentleman from Alaska [Mr. YOUNG] above the Arctic Circle. Do you think [Mr. YOUNG] that the House suspend knows—the legislation excludes any they would be interested in that ex- the rules and concur in the Senate Federal lands that would generate in- change? amendment to H.R. 402. come or would be expected to generate Mr. YOUNG of Alaska. Mr. Speaker, I The question was taken. income for the Federal Government. am confident the Navy would not be in- Mr. RICHARDSON. Mr. Speaker, on This restriction appears in the bill in terested in beaches in Alaska. that I demand the yeas and nays. three separate instances and represents Mr. Speaker, I again stress for my The yeas and nays were ordered. a major hurdle for the acquisition of colleagues to vote for this legislation. The SPEAKER pro tempore. Pursu- base closure property by anybody in It is long overdue. ant to clause 5 of rule I and the Chair’s those circumstances, including Hawai- I am very concerned, as the gen- prior announcement, further proceed- ian homeland. tleman from Hawaii has mentioned, ings on this motion will be postponed. Second, I pointed out that the CBO that at this late date that these ques- f and the Department of Defense expect tions might arise. It is an example, I b 1600 that any reuse of the Barbers Point think, of some incompetency down in land would generate income for the the department, and I say that with PROVIDING FOR CONSIDERATION Federal Government. I should also note some reservation in the sense I cannot OF H.R. 39, FISHER CONSERVA- that Barbers Point is the only site in blame everybody, maybe just one en- TION AND MANAGEMENT Hawaii that is eligible for reuse under thusiastic individual. I know Secretary AMENDMENTS OF 1995 the base closure process. Given the fact Dalton has been talked to. I had hoped Mr. YOUNG of Alaska. Mr. Speaker, I that no lands that could generate reve- that there would be a total turndown of offer a unanimous-consent request. nue for the Federal Government would this and I expect that before we do vote The SPEAKER pro tempore (Mr. be eligible for acquisition under this on this legislation, if we vote on this FOLEY). The Clerk will report the bill, a transfer of Barbers Point land to legislation. unanimous consent request. the Department of Hawaiian Home Mr. FALEOMAVAEGA. Mr. Speaker, in The Clerk read as follows: Lands does not appear to be a question. 1921 Congress enacted the Hawaiian Homes Mr. YOUNG of Alaska asks unanimous Finally, I understand the Depart- Commission Act to preserve and protect a consent that at any time hereafter the ment of Defense has raised a concern way of life for native people on the Islands of Speaker may, pursuant to clause 1(b) of rule that H.R. 402 might disadvantage the Hawaii. The act put aside approximately XXIII, declare the House resolved into the interests of base reuse committees in 200,000 acres of land for the exclusive use Committee of the Whole House on the State Hawaii. Let me reassure my colleagues, and benefit of native Hawaiians. The purpose of the Union for consideration of the bill there is no legislative language to that (H.R. 39) to amend the Magnuson Fishery was to use these lands as a homesteading Conservation and Management Act to im- effect, nor no intent to that effect or in program to return native Hawaiians to their prove fisheries management, and that con- this regard. This concern is without lands. sideration of the bill proceed according to substance. Unfortunately, the program was destined to the following order. The first reading of the As I pointed out earlier, we have a fail from the outset. Between 1921 and 1959 bill shall be dispensed with. All points of rather unique situation at the Barbers when Hawaii became a State, the program order against consideration of the bill are Point Naval Air Station in which the was administered by the Federal Government waived. General debate shall be confined to most recent base closure report pro- through a succession of territorial Governors. the bill and shall not exceed 1 hour equally posal had a modification to the pre- During Federal control, large portions of the divided and controlled by the chairman and vious base closure decision. ranking minority member of the Committee lands were withdrawn. All the best and most on Resources. After general debate the bill I will tell the Members what that productive lands were taken, leaving mostly shall be considered for amendment under the modification is. It is to ensure that the marginal lands which couldn't support housing 5-minute rule. It shall be in order to consider Navy keeps the beaches, the rec- or agriculture. The native Hawaiian community as an original bill for the purpose of amend- reational beaches. I have an idea, Mr. received no benefit from the lands taken. ment under the 5-minute rule the amend- Speaker and Mr. HEFLEY, that this In 1984 much of the land was returned but ment in the nature of a substitute rec- whole thing has been generated be- the Federal Government both continued to re- ommended by the Committee on Resources cause there they are afraid that pos- tain the best lands and provided no com- now printed in the bill. Each section of the sibly some objections might be raised committee amendment in the nature of a pensation for lost use. substitute shall be considered as read. All that the beaches in and the cottages Title II of H.R. 402 sets up a process where- points of order against the committee attendant to the beaches might some- by the Federal Government can exchange amendment in the nature of a substitute are how fall into the hands of the Hawaiian Federal lands within the State of Hawaii as a waived. At the conclusion of consideration of people. means of settling claims against the United the bill for amendment the Committee shall I will state for the record here that I States. The Secretary of the Interior would rise and report the bill to the House with voted for the Base Closure Commission also be authorized to convey lands to the De- such amendments as may have been adopted. report, the modified report, in which it partment of Hawaiian Home Lands as com- Any Member may demand a separate vote in says the two beaches—and I can name the House on any amendment adopted in the pensation for lost use of those lands. Committee of the Whole to the bill or to the the beaches for you, I have them here, To be honest, I wish this bill went further committee amendment in the nature of a Nimitz Beach and White Plains Beach, and demanded back the valuable lands stolen substitute. The previous question shall be beach recreational areas. That is the from the native Hawaiians against the directive considered as ordered on the bill and amend- modification, to retain them, that they of the Congress. However, I defer to the wis- ments thereto to final passage without inter- will be in there. dom of the only native Hawaiian to serve in vening motion except one motion to recom- All I am asking for is access to them. the U.S. Senate, my good friend the Senator mit with or without instructions. I am perfectly content to have the of Hawaii who authored this legislation. I also The SPEAKER pro tempore. Is there Navy retain the beaches in Hawaii as want to commend my colleagues Mr. ABER- objection to the request of the gen- vital to the necessary strategic mili- CROMBIE and Mrs. MINK for their efforts in tleman from Alaska? tary importance of the United States moving this legislation. Mr. MILLER of California. Mr. in the Pacific. But to have an entire I urge my colleagues to support this bill. Speaker, reserving the right to object, bill that has been worked out in good Mr. ABERCROMBIE. Mr. Speaker, I if I might, I would enter into a col- faith on a bipartisan basis for the bet- yield back the balance of my time. loquy with the gentleman from Alaska ter part of 21⁄2 years, to be objected to Mr. YOUNG of Alaska. Mr. Speaker, I [Mr. YOUNG]. I would like to have the at this point or subject to some kind of urge passage of this very important gentleman clarify a point on H.R. 39 of scrutiny other than on the basis of the legislation for the good of all. the Magnuson Act reauthorization. merits, seems to be outrageous. Mr. Speaker, I have no further re- Is it the intention of the Chairman of The Navy can have the beaches. Can quests for time, and I yield back the the Committee that we will only con- we please have the bill? balance of my time. sider the bill under general debate That was a rhetorical pause. Maybe The SPEAKER pro tempore (Mr. today, and rise to consider the bill for we could exchange beaches, Mr. Speak- FOLEY). The question is on the motion amendment at some later date? September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9075 Mr. YOUNG of Alaska. Mr. Speaker, Heights and declares it to be in the public in- SEC. 202. REQUIREMENT OF TRANSFER OF COUN- will the gentleman yield? terest to ensure the preservation of the New TY ROAD CORRIDORS. Mr. MILLER of California. I yield to Market Heights Battlefield so that an impor- (a) STATEMENT OF PURPOSE.—It is the pur- tant aspect of American history can be inter- pose of this section to permit the Common- the gentleman from Alaska. wealth of Virginia to maintain and provide Mr. YOUNG of Alaska. Mr. Speaker, preted to the public. The Congress directs the Secretary to work cooperatively with for safe public use of certain roads that the the gentleman is correct. Some Mem- the Commonwealth of Virginia, the county Commonwealth donated to the Federal Gov- bers are interested in offering amend- of Henrico, Virginia, and property owners ernment at the time of the establishment of ments to H.R. 39 who would be unable within or impacted by the battlefield area to Shenandoah National Park. to participate this afternoon. There- develop alternatives to ensure implementa- (b) REQUIREMENT OF TRANSFER.—Not later fore, it is my intent to ask that the tion of these goals. The Secretary shall sub- than 180 days after the date of the enactment Committee rise after conclusion of gen- mit a report outlining such alternatives to of this Act, the Secretary of the Interior the Committee on Resources of the House of shall transfer to the Commonwealth of Vir- eral debate and, if I may continue, with ginia, without consideration or reimburse- my understanding with my good friend, Representatives and the Committee on En- ergy and Natural Resources of the Senate no ment, all right, title, and interest of the the gentleman from California, that later than June 1, 1996.’’. United States in and to all county road cor- eventually this bill will pass this House ridors that were located within the Shen- SEC. 102. REPEAL OF PROVISION REGARDING to get over to the Senate after we con- PROPERTY ACQUISITION. andoah National Park on the day before the sider all amendments that are to be of- The Act of March 2, 1936 (Chapter 113; 49 date of the enactment of this Act and are re- fered. We must proceed, because this Stat. 1155), is amended by striking section 2. moved from such Park by the boundary modification made by section 201. has been sunsetted now for 11⁄2 years, so SEC. 103. ADMINISTRATION. (c) REVERSION.—Each transfer pursuant to we would like to get it done. Section 3 of the Act of March 2, 1936 (Chap- this section shall be made subject to the con- Mr. MILLER of California. I thank ter 113; 49 Stat. 1156), is redesignated as sec- dition that if, at any time, any county road the gentleman. tion 2 and is amended by striking the period corridor so transferred is no longer used as a Mr. Speaker, I withdraw my reserva- and inserting ‘‘, and the Act of August 21, public roadway, all right, title, and interest tion of objection. 1935 (49 Stat. 666; 16 U.S.C. 461–467).’’. in the county road corridor shall revert to The SPEAKER pro tempore. Is there TITLE II—SHENANDOAH NATIONAL PARK the United States. objection to the request of the gen- SEC. 201. MODIFICATION OF BOUNDARY. (d) DEFINITIONS.—For purposes of this sec- tion: tleman from Alaska? (a) IN GENERAL.—The boundary of Shen- (1) COUNTY ROAD CORRIDOR.—The term There was no objection. andoah National Park is hereby modified to ‘‘county road corridor’’ means a corridor include only those lands and interests there- f that is comprised of any Shenandoah county in that, on the day before the date of the en- road together with an amount of land, which actment of this Act, were in Federal owner- SHENANDOAH VALLEY NATIONAL is contiguous with the road and which is se- ship and were administered by the Secretary BATTLE FIELD PARTNERSHIP lected by the Secretary of the Interior in of the Interior (hereinafter in this title re- ACT OF 1995 consultation with the Governor of the Com- ferred to as the ‘‘Secretary’’) as part of the monwealth of Virginia, such that the total Mr. HANSEN. Mr. Speaker, I move to park. So much of the Act of May 22, 1926 width of the corridor is 50 feet. suspend the rules and pass the bill (Chapter 363; 44 Stat. 616) as is inconsistent (2) SHENANDOAH COUNTY ROAD.—The term (H.R. 1091) to improve the National herewith is hereby repealed. ‘‘Shenandoah county road’’ means any por- (b) MINOR BOUNDARY ADJUSTMENTS AND Park System in the Commonwealth of tion of a road that is open to public vehicle LAND ACQUISITION.— Virginia, as amended. usage and that, on the date of the enactment (1) MINOR BOUNDARY ADJUSTMENTS.—The The Clerk read as follows: of this Act, constitutes part of— Secretary is authorized to make minor ad- H.R. 1091 (A) Madison County Route 600; justments to the boundary of Shenandoah (B) Rockingham County Route 624; Be it enacted by the Senate and House of Rep- National Park, as modified by this title, to (C) Rockingham County Route 625; resentatives of the United States of America in make essential improvements to facilitate (D) Rockingham County Route 626; Congress assembled, access to trailheads to the park that exist on (E) Warren County Route 604; TITLE I—RICHMOND NATIONAL the day before the date of the enactment of (F) Page County Route 759; BATTLEFIELD PARK this title, in cases in which there are no (G) Page County Route 611; practicable alternatives to such adjust- SEC. 101. MODIFICATION OF BOUNDARY. (H) Page County Route 682; ments. The first section of the Act of March 2, 1936 (I) Page County Route 662; (2) LIMITATIONS ON LAND ACQUISITION.— (Chapter 113; 49 Stat. 1155), is amended to (J) Augusta County Route 611; (A) IN GENERAL.—Except as otherwise pro- read as follows: (K) Augusta County Route 619; vided in this subsection, the Secretary may ‘‘SECTION 1. (a) In order to preserve the site (L) Albemarle County Route 614; acquire lands and interests therein under of the 1862 Peninsula Campaign and the 1864– (M) Augusta County Route 661; this subsection only by donation. 65 battle of Richmond, in the vicinity of (N) Rockingham County Route 663; (B) ADDITIONAL RESTRICTIONS.—When act- Richmond, Virginia, as a national battlefield (O) Rockingham County Route 659; ing under this subsection— park for the benefit and inspiration of the (P) Page County Route 669; (i) the Secretary may add to the Shen- people of the United States, there is hereby (Q) Rockingham County Route 661; andoah National Park only lands and inter- established, subject to existing rights, the (R) Criser Road (to Town of Front Royal); ests therein that are contiguous with Fed- Richmond National Battlefield Park (herein- or eral lands administered by the Secretary as after in this Act referred to as the ‘Park’). (S) the government-owned parcel connect- part of the park; ‘‘(b) The Park shall consist of— ing Criser Road to the Warren County School (ii) prior to accepting title to any lands or ‘‘(1) lands, waters, and interests therein Board parcel. within the area generally depicted on the interests therein, the Secretary shall hold a map entitled ‘Richmond National Battlefield public meeting in the county in which such TITLE III—COLONIAL NATIONAL Park, Land Status Map’, numbered 367/92,000, lands and interests are located; HISTORICAL PARK and dated September 1993; and (iii) the Secretary shall not alter the pri- SEC. 301. MODIFICATION OF BOUNDARY. ‘‘(2) upon donation of title acceptable to mary means of access of any private land- Notwithstanding the provisions of the Act the Secretary of the Interior (and acceptance owner to the lands owned by such landowner; of June 28, 1938 (52 Stat. 1208; 16 U.S.C. 81b, by the Secretary), the following tracts: a and 81d), limiting the average width of the Colo- tract of 750 acres at Malvern Hill, a tract of (iv) the Secretary shall not cause any prop- nial Parkway, the Secretary of the Interior 15 acres at Beaver Dam Creek, a tract of 100 erty owned by a private individual, or any (hereinafter in this title referred to as the acres at Cold Harbor, and a tract of 42 acres group of adjacent properties owned by pri- ‘‘Secretary’’) is authorized to include within at Bethesda Church. vate individuals, to be surrounded on all the Colonial National Historical Park, and ‘‘(c) As soon as practicable, the Secretary sides by land administered by the Secretary to acquire by purchase, donation or ex- of the Interior shall complete a boundary as part of the park. change, lands and interests in lands (with or map (including tracts referred to in sub- (c) MITIGATION OF IMPACTS AT ACCESS without improvements) within the areas de- section (b)(2)) for the Park. The map re- POINTS.—The Secretary shall take all rea- picted on the map dated August 1993, num- quired by this subsection and the map re- sonable actions to mitigate the impacts as- bered 333/80031A, and entitled ‘‘Page Landing ferred to in subsection (b)(1) shall be on file sociated with visitor use at trailheads Addition to Colonial National Historical and available for public inspection in the of- around the perimeter of Shenandoah Na- Park’’. Such map shall be on file and avail- fice of the National Park Service, Depart- tional Park. The Secretary shall enlist the able for inspection in the offices of the Na- ment of the Interior. cooperation of the State and local jurisdic- tional Park Service at Colonial National ‘‘(d) The Congress recognizes the national tions, as appropriate, in carrying out this Historical Park and in Washington, District significance of the Battle of New Market subsection. of Columbia. H 9076 CONGRESSIONAL RECORD — HOUSE September 18, 1995 SEC. 302. TRANSFER OF SEWAGE DISPOSAL SYS- (2) recognize and interpret important preciation of the battlefields, in such a man- TEM AND RIGHTS-OF-WAY. events and geographic locations representing ner as to perpetuate these qualities and val- (a) IN GENERAL.—The Secretary is author- key Civil War battles in the Shenandoah ues for future generations. ized to transfer, without reimbursement (ex- Valley, including those battlefields associ- (d) LAND ACQUISITION.—If a historic core is cept as provided in subsection (c)), to York ated with the Thomas J. (Stonewall) Jack- included in the historic park— County, Virginia, any portion of the existing son campaign of 1862 and the decisive cam- (1) the Secretary may accept title from sewage disposal system, including related paigns of 1864; any private entity to any lands or interests improvements and structures, that is owned (3) recognize and interpret the effect of the therein within the historic core; and by the United States and located within the Civil War on the civilian population of the (2) the Secretary may acquire from any Colonial National Historical Park, together Shenandoah Valley during the war and post- willing seller lands and interests therein with such rights-of-way as the Secretary de- war reconstruction period; and within the boundary of the historic core if termines to be necessary to maintain and op- (4) create partnerships among Federal, the Secretary determines that such acquisi- erate such system. State, and local governments, the regional tion is essential to avoid significant changes (b) REPAIR AND REHABILITATION OF SYS- entities of such governments, and the pri- to land use which the Secretary determines TEM.—The Secretary is authorized to enter vate sector to preserve, conserve, enhance, would have a significant adverse effect on into a cooperative agreement with York and interpret the nationally significant bat- the historic character of the historic core. County, Virginia, under which the Secretary tlefields and related sites associated with the IVING HISTORY DEMONSTRATIONS AND will pay a portion, not to exceed $110,000, of (e) L Civil War in the Shenandoah Valley. the costs of repair and rehabilitation of the BATTLEFIELD ENACTMENTS.—The Secretary sewage disposal system referred to in sub- SEC. 404. DEFINITIONS. shall allow, at any location in the historic section (a). For purposes of this title: park, any living history demonstration or (c) EFFECT OF AGREEMENT ON CHARGES, IM- (1) BATTLEFIELD.—The term ‘‘battlefield’’ battlefield reenactment that is the same as PACT, AND ALTERATIONS.—In consideration means 1 of 15 battlefields in the Shenandoah or substantially similar to a demonstration for the rights-of-way granted under sub- Valley, as identified in the report. or reenactment that occurred at such loca- section (a), in recognition of the contribu- (2) COMMISSION.—The term ‘‘Commission’’ tion at any time during the 12-month period tion authorized under subsection (b), and as means the Shenandoah Valley Battlefields ending on the date of the enactment of this a condition of the transfer authorized by Commission established by section 409. Act. The Secretary may allow, at any loca- subsection (a), the cooperative agreement (3) HISTORIC CORE.—The term ‘‘historic tion in the historic park, any living history under subsection (b) shall provide for a re- core’’ means the area that is so defined in demonstration or battlefield reenactment duction in, or the elimination of, the the report, encompasses important compo- that is not described in the preceding sen- amounts charged to the National Park Serv- nents of a battle, and provides a strategic tence but that the Secretary determines to ice for its sewage disposal with respect to context and geographic setting for under- be appropriate. the Colonial National Historical Park, shall standing the battle. SEC. 406. SHENANDOAH VALLEY BATTLEFIELDS provide for minimizing the impact of the (4) HISTORIC PARK.—The term ‘‘historic PLAN. park’s sewage disposal system on the park park’’ means the Shenandoah Battlefields (a) IN GENERAL.—The historic park shall be and its resources, and shall provide that such National Historic Park established under managed by the Secretary pursuant to this system may not be enlarged or substantially section 405(b). title and the Shenandoah Valley Battlefields altered without the concurrence of the direc- (5) PLAN.—The term ‘‘plan’’ means the plan developed by the Commission and ap- tor of the National Park Service. Shenandoah Valley Battlefields plan ap- proved by the Secretary, as provided in this SEC. 303. AUTHORIZATION OF APPROPRIATIONS. proved by the Secretary under section 406. section. There are authorized to be appropriated (6) REPORT.—The term ‘‘report’’ means the (b) SPECIFIC PROVISIONS.—The plan shall $110,000 to carry out section 302 and $830,000, report prepared by the Secretary pursuant to include— or the current appraised value of the lands the Civil War Sites Study Act of 1990 (Public (1) provisions for the management, protec- and interests in lands referred to in section Law 101–628; 16 U.S.C. 1a–5 note). tion, and interpretation of the natural, cul- 301, whichever is lower, to carry out section (7) SECRETARY.—The term ‘‘Secretary’’ tural, and historical resources of the battle- 301. means the Secretary of the Interior. fields, consistent with the purposes of this TITLE IV—SHENANDOAH VALLEY (8) SHENANDOAH VALLEY.—The term ‘‘Shen- title; BATTLEFIELDS andoah Valley’’ means the Shenandoah Val- (2) identification of the historic cores that SEC. 401. SHORT TITLE. ley in the Commonwealth of Virginia. are appropriate for administration by the This title may be cited as the ‘‘Shen- SEC. 405. SHENANDOAH VALLEY BATTLEFIELDS Secretary; andoah Valley Battlefields Partnership Act NATIONAL HISTORIC PARK. (3) a determination of the level of protec- of 1995’’. (a) AUTHORIZATION.—To carry out the pur- tion that is adequate to ensure the long-term SEC. 402. CONGRESSIONAL FINDINGS. poses of this title, there is hereby authorized preservation of each of the historic cores The Congress finds that— to be established the Shenandoah Valley that is identified under paragraph (2) and (1) there are situated in the Shenandoah Battlefields National Historic Park in the measures recommended to accomplish such Valley in the Commonwealth of Virginia the Commonwealth of Virginia. The Secretary protection, which may include (but need not sites of several key Civil War battles; shall establish in the Shenandoah Valley an be limited to) conservation easements, local (2) certain sites, battlefields, structures, administrative office and a location to pro- zoning, transfer of development rights, or and districts in the Shenandoah Valley are vide information and interpretation with re- ownership by an entity dedicated to preser- collectively of national significance in the spect to the battlefields. vation of the historic resources of the battle- history of the Civil War; (b) ESTABLISHMENT.— fields; (3) in 1990, the Congress enacted legislation (1) IN GENERAL.—The Shenandoah Valley (4) recommendations to the Common- directing the Secretary of the Interior to Battlefields National Historic Park is hereby wealth of Virginia (and political subdivisions prepare a comprehensive study of significant established upon publication by the Sec- thereof) regarding the management, protec- sites and structures associated with Civil retary in the Federal Register that— tion, and interpretation of the natural, cul- War battles in the Shenandoah Valley; (A) the Secretary has determined that the tural, and historical resources of the battle- (4) the study, which was completed in 1992, historic core of one or more of the battle- fields; found that many of the sites within the fields is protected adequately to ensure the (5) the information described in section Shenandoah Valley possess national signifi- long-term preservation of the historic core 12(b) of Public Law 91–383 (16 U.S.C. 1a–7(b)) cance and retain a high degree of historical in accordance with the plan; and (pertaining to the preparation of general integrity; (B) the Secretary accepts administrative management plans); (5) the preservation of Civil War sites with- jurisdiction of such historic core. (6) identification of appropriate partner- in a regional framework requires coopera- (2) CONTENTS OF HISTORIC PARK.—The his- ships between the Secretary, Federal, State, tion among local property owners and Fed- toric park shall consist of each historic core and local governments and regional entities, eral, State, and local government entities; with respect to which the Secretary pub- and the private sector, in furtherance of the and lishes a notice under paragraph (1). purposes of this title; (6) partnerships between Federal, State, (c) ADMINISTRATION.—The Secretary shall (7) proposed locations for visitor contact and local governments, the regional entities administer the historic park in accordance and major interpretive facilities; of such governments, and the private sector with this title and with provisions of law (8) provisions for implementing a continu- offer the most effective opportunities for the generally applicable to the National Park ing program of interpretation and visitor enhancement and management of the Civil System, including the Act of August 25, 1916 education concerning the resources and val- War battlefields and related sites in the (39 Stat. 535; 16 U.S.C. 1, 2, 3, 4) and the Act ues of the battlefields and historic core Shenandoah Valley. of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461– areas; SEC. 403. STATEMENT OF PURPOSE. 467). The Secretary shall protect, manage, (9) provisions for a uniform valley-wide The purposes of this title are to— and administer the historic park for the pur- historical marker and wayside exhibit pro- (1) preserve, conserve, and interpret the poses of preserving and interpreting its natu- gram, including a provision for marking, legacy of the Civil War in the Shenandoah ral, cultural, and historic resources and of with the consent of the owner, historic Valley; providing for public understanding and ap- structures and properties that are contained September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9077 within and contribute to the understanding a battlefield or historic core area regardless property, or services, received from any of the battlefields; and of whether or not the battlefield or historic source. (10) recommendations for means of ensur- core area is included in the Park. (o) TERMINATION.—The Commission shall ing continued local involvement and partici- SEC. 409. SHENANDOAH VALLEY BATTLEFIELDS terminate upon the expiration of the 45-day pation in the management, protection, and COMMISSION. period beginning on the date on which the development of the battlefields. (a) ESTABLISHMENT.—There is hereby es- Secretary approves the plan under section (c) PREPARATION OF DRAFT PLAN.— tablished the Shenandoah Valley Battle- 406(d). (1) IN GENERAL.—Not later than 3 years fields Commission. SEC. 410. DUTIES OF THE COMMISSION. after the date on which the Commission con- (b) MEMBERSHIP.—The Commission shall be The Commission shall— ducts its first meeting, the Commission shall composed of 19 members, to be appointed by (1) develop the plan and draft plan referred submit to the Secretary a draft plan that the Secretary as follows: to in section 406, in consultation with the meets the requirements of subsection (b). (1) 5 members representing local govern- Secretary; (2) ADDITIONAL REQUIREMENTS.—Prior to ments of communities in the vicinity of the (2) advise the Secretary with respect to the submitting the draft plan to the Secretary, battlefields, appointed after the Secretary battlefields; the Commission shall ensure that— considers recommendations made by appro- (3) assist the Commonwealth of Virginia, (A) the Commonwealth of Virginia, and priate local governing bodies. and any political subdivision thereof, in the any political subdivision thereof that would (2) 10 members representing property own- management, protection, and interpretation be affected by the plan, receives a copy of ers within the battlefields (1 member within of the natural, cultural, and historical re- the draft plan; each unit of the battlefields). sources within the battlefields, except that (B) adequate notice of the availability of (3) 1 member with demonstrated expertise the Commission shall in no way infringe the draft plan is provided through publica- in historic preservation. upon the authorities and policies of the Com- tion in appropriate local newspapers in the (4) 1 member who is a recognized historian monwealth of Virginia or any political sub- area of the battlefields; and with expertise in Civil War history. division thereof; and (C) at least one public hearing in the vicin- (5) 1 member from a list of recommenda- (4) take appropriate action to encourage ity of the battlefields in the upper Shen- tions made by the Governor of Virginia. protection of the natural, cultural, and his- andoah Valley and one public hearing in the (6) 1 member representing the interests of toric resources within the battlefields by vicinity of the battlefields in the lower the National Park Service. landowners, local governments, organiza- Shenandoah Valley is conducted by the Com- (c) APPOINTMENTS.—Members shall be ap- tions, and businesses. mission with respect to the draft plan. pointed for the life of the Commission. SEC. 411. TERMINATION OF INCLUSION IN HIS- (d) REVIEW OF PLAN BY THE SECRETARY.— (d) ELECTION OF OFFICERS.—The Commis- TORIC PARK. sion shall elect one of its members as Chair- The Secretary shall review the draft plan (a) IN GENERAL.—A historic core that be- submitted under subsection (c) and, not later person and one as Vice Chairperson. The comes part of the historic park shall con- than 90 days after the date on which the terms of office of the Chairperson and Vice tinue to be included in the historic park un- draft plan is submitted, shall either— Chairperson shall be 2 years. The Vice Chair- less— (1) approve the draft plan as the plan; or person shall serve as Chairperson in the ab- (1) the Secretary determines that the pro- (2) reject the draft plan and recommend to sence of the Chairperson. tection of the historic core no longer meets (e) VACANCY.—Any vacancy on the Com- the Commission modifications that would the requirements of section 405(b)(1)(A); and mission shall be filled in the same manner in make the draft plan acceptable. (2) after making a determination referred which the original appointment was made, SEC. 407. COOPERATIVE AGREEMENTS. to in paragraph (1), the Secretary submits to except that the Secretary shall fill any va- (a) IN GENERAL.—In furtherance of the pur- the Congress notification that the historic cancy within 30 days after the vacancy oc- poses of this title, the Secretary may estab- core should cease to be included in the his- curs. lish partnerships and enter into cooperative toric park. (f) QUORUM.—A majority of the Commis- agreements concerning lands, and interests (b) PUBLIC HEARING.—Before the Secretary sion shall constitute a quorum. therein, within the battlefields with other makes a determination referred to in sub- (g) MEETINGS.—The Commission shall meet Federal, State, or local agencies and private section (a)(1) regarding a historic core, the at the call of the Chairperson or a majority persons or organizations. Secretary or a designee shall hold a public of the members of the Commission, but not (b) HISTORIC MONUMENTS.—The Secretary hearing within the vicinity of the historic less than quarterly. Notice of Commission may enter into an agreement with the owner core. meetings and agendas for the meetings shall of property that is located in the battlefields (c) TIME OF TERMINATION OF INCLUSION.— be published in local newspapers that have a and on which an historic monument or tab- (1) IN GENERAL.—A historic core shall cease distribution throughout the Shenandoah let commemorating a relevant battle has to be included in the historic park upon the Valley. Commission meetings shall be held been erected prior to the date of the enact- expiration of 90 legislative days after the at various locations throughout the Shen- ment of this Act. The Secretary may make Secretary submits to the Congress the notifi- andoah Valley and in a manner that ensures funds available for the maintenance, protec- cation referred to in subsection (a)(2) regard- adequate public participation. tion, and interpretation of the monument or ing the historic core. (h) STAFF OF THE COMMISSION.—The Com- (2) LEGISLATIVE DAY.—For purposes of this tablet, as the case may be, pursuant to the mission shall have the power to appoint and subsection, the term ‘‘legislative day’’ means agreement. fix the compensation of such staff as may be (c) AGREEMENTS AND PARTNERSHIPS NOT any calendar day on which both Houses of necessary to carry out its duties. DEPENDENT ON INCLUSION IN HISTORIC PARK.— the Congress are in session. (i) ADMINISTRATIVE SUPPORT SERVICES.— The Secretary may establish a partnership The Administrator of the General Services SEC. 412. AUTHORIZATION OF APPROPRIATIONS. or enter into an agreement under this sec- Administration shall provide to the Commis- There are authorized to be appropriated tion with respect to a battlefield regardless sion, on a reimbursable basis, such adminis- not more than $5,000,000 for development of of whether or not the historic core area of trative support services as the Commission the historic park, not more than $2,000,000 the battlefield is included in the historic may request. for land acquisition pursuant to this title, park. (j) FEDERAL AGENCIES.—Upon request of not more than $500,000 to carry out the pur- SEC. 408. TECHNICAL ASSISTANCE PROGRAM. the Commission, the head of any Federal poses of sections 407 and 408, and not more (a) TECHNICAL ASSISTANCE TO PROPERTY agency may detail to the Commission, on a than $250,000 for any fiscal year for the oper- OWNERS.—The Secretary may provide tech- reimbursable basis, personnel of the agency ation of the Commission. nical assistance to owners of property lo- to assist the Commission in carrying out its TITLE V—CUMBERLAND GAP NATIONAL cated within the battlefields to provide for duties. HISTORICAL PARK the preservation and interpretation of the (k) SUBPOENAS.—The Commission may not SEC. 501. ADDITION OF LANDS. natural, cultural, and historical resources issue subpoenas or exercise any subpoena au- (a) AUTHORITY.—Notwithstanding the Act within the battlefields. thority. of June 11, 1940 (16 U.S.C. 261 et seq.), the (b) TECHNICAL ASSISTANCE TO GOVERN- (l) EXPENSES.—Members of the Commission Secretary of the Interior is authorized to ac- MENTAL ENTITIES.—The Secretary, after con- shall serve without compensation, but the quire by donation, purchase with donated or sultation with the Commission, may award Secretary may reimburse members for ex- appropriated funds, or exchange not to ex- grants and provide technical assistance to penses reasonably incurred in carrying out ceed 10 acres of land or interests in land, governmental entities to assist with the the responsibilities of the Commission under which shall consist of those necessary lands planning, development, and implementation this title. for the establishment of trailheads to be lo- of comprehensive plans, land use guidelines, (m) MAILS.—The Commission may use the cated at White Rocks and Chadwell Gap. regulations, ordinances, or other appropriate United States mails in the same manner and (b) ADMINISTRATION.—Lands and interests documents, that are consistent with and de- under the same conditions as other depart- in lands acquired pursuant to subsection (a) signed to protect the historic character of ments and agencies of the United States. shall be added to and administered as part of the battlefields. (n) GIFTS.—The Commission may, for pur- Cumberland Gap National Historical Park. (c) ASSISTANCE NOT DEPENDENT ON INCLU- poses of carrying out the duties of the Com- SION IN PARK.—The Secretary may provide mission, seek, accept, and dispose of gifts, The SPEAKER pro tempore. Pursu- assistance under this section with respect to bequests, or donations of money, personal ant to the rule, the gentleman from H 9078 CONGRESSIONAL RECORD — HOUSE September 18, 1995

Utah [Mr. HANSEN] will be recognized tional Parkway by 15 acres at its nar- donation, not Federal condemnation. I for 20 minutes and the gentleman from rowest point and provides for the coun- have no problem with the colonial park New Mexico [Mr. RICHARDSON] will be ty to take over an existing utility line legislation. That was worked out in the recognized for 20 minutes. to private residents within the park. last Congress and passed by the House The Chair recognizes the gentleman This legislation is nearly identical to a in its current form. from Utah [Mr. HANSEN]. bill which passed the House last ses- The same cannot be said for the Mr. HANSEN. Mr. Speaker, I yield sion. other proposal before us today. This myself such time as I may consume. Title IV of the bill authorizes a new was considered, the Shenandoah, this (Mr. HANSEN asked and was given park area in the Shenandoah Valley to was considered in the past by the permission to revise and extend his re- recognize a number of important Civil House on a bipartisan basis last year as marks.) War battles which occurred there. How- a national heritage area and not as a Mr. HANSEN. Mr. Speaker, I rise in ever, the bill provides that the park national park, but I know the gen- strong support of H.R. 1091, legislation will not be established unless the State tleman from Virginia [Mr. WOLF] and to improve the National Park System and local governments, and the private many of his colleagues have had a in the Commonwealth of Virginia. sector, make a significant contribution number of events recently at the park, Mr. Speaker, this is a comprehensive to the preservation of these significant and I respect that. bipartisan bill which makes improve- Civil War sites. Only if the Secretary Mr. Speaker, I have listened to a lot ments to various park areas in the finds that these resources are ade- of the concerns expressed by some of Commonwealth of Virginia. First, the my colleagues about the park system. bill resolves boundary questions at two quately protected by these other enti- After this bill, we are going to take up parks, Shenandoah National Park and ties is he permitted to establish the H.R. 260, which basically is a parks clo- Richmond National Battlefield, where park. Further, if these partners retreat sure bill, yet we are adding some na- the park boundary now includes hun- from their commitments to preserve dreds of thousands of acres of non- these sites, the bill provides for the de- tional park units by the Congress, with Federal, non-park-quality lands. These authorization of the park. some reservations from the national unmanageable boundaries have been a The overall cost of this title has been park system, so we are going a little source of significant concern to private reduced from about $25 million—as in- bit in different directions here. property owners and local governments troduced—to $7 million, with the bal- Mr. Speaker, I will support this bill. alike. This bill shrink-wraps bound- ance of the cost to be picked up by the I will vote for it. Mr. GOODLATTE. Mr. Speaker, will aries at those parks to generally con- other partners in the overall effort to the gentleman yield? form to lands currently owned by the preserve these sites. This is the type of Mr. RICHARDSON. I yield to the Federal Government or lands antici- partnership effort which will be re- gentleman from Virginia. pated to be added to the parks in the quired in any new park areas. Mr. GOODLATTE. Mr. Speaker, I near future. A new title V, as requested by Mr. Under the title pertaining to Rich- BOUCHER, authorizes the acquisition of thank the gentleman for yielding. mond National Battlefield, the bill pro- essential land at Cumberland Gap Na- Mr. Speaker, I just want to make the vides for a substantial expansion of the tional Historical Park to ensure con- point with regard to the Shenandoah existing 770-acre park by authorizing tinued trail access to the park. National Park and Richmond Battle- the NPS to accept a donation totalling It is important to point out what this field that we are in no way saying addi- 907 acres with important Civil War fea- bill does in balance. We are deleting tional lands should not be added. Those tures. The bill also directs the Sec- over 585,000 acres from the authorized studies should and can go forward. All retary to develop a proposal to ensure boundaries of two parks and establish- we are saying is the same criteria protection of the New Market Heights ing a new park where the Federal Gov- which provides for taking lands out of Battlefield, a significant site where 14 ernment will never own or administer the park should apply to putting land African-Americans earned the Congres- more than a few thousand acres. into the park; that is, congressional ac- sional Medal of Honor. It is a good bill with bipartisan sup- tion. After this is completed, if there By establishing reasonable bound- port from the six Members from Vir- are proposals to add land, they can aries for both Shenandoah National ginia who represent all of the areas bring that before the Congress and Park and Richmond Battlefield, these within this bill. The measure is also have it considered. Now local govern- areas will be placed on equal footing supported by State and local govern- ments and local private owners in the with the other 360-plus areas adminis- ments, private landowners and such area have no say on land going into the tered by the NPS which have reason- groups as the National Trust for His- park. able fixed boundaries. After enactment toric Preservation and the Association Mr. RICHARDSON. Mr. Speaker, I re- of this legislation, future boundary ad- for the Preservation of Civil War Sites. serve the balance of my time. justments at these parks will be made I commend this bill to my colleagues Mr. HANSEN. Mr. Speaker, I yield 5 by Congress, rather than the park su- and urge them to support it. minutes to the distinguished gen- perintendent. Mr. Speaker, I reserve the balance of tleman from Virginia [Mr. BLILEY] the The bill also transfers 19 road cor- my time. author of this bill. ridors at Shenandoah National Park, Mr. RICHARDSON. Mr. Speaker, I Mr. BLILEY. Mr. Speaker, I want to totaling 16 acres out of the 196,500-acre yield myself such time as I may thank the gentleman for bringing this park, from the NPS back to the Com- consume. bill, and I thank the gentleman from monwealth for their administration (Mr. RICHARDSON asked and was Alaska, [Mr. YOUNG] chairman of the and management. Along with nearly given permission to revise and extend full committee, and my good friend, all the land currently within the park, his remarks.) the gentleman from New Mexico, BILL these roads were donated by the Com- Mr. RICHARDSON. Mr. Speaker, two RICHARDSON. I know he had some con- monwealth to the Federal Government very distinguished Members and cerns, he has expressed them to me in at the time of park establishment in friends of mine are sponsoring this bill, the past, but I appreciate the gentle- the 1930’s. However, recently, the NPS the gentlemen from Virginia [Mr. BLI- man’s willingness, in spite of his con- has advised the Commonwealth that LEY and Mr. WOLF]. This is important cerns, to support this legislation. NPS has no authority to permit the as we deliberate any bill. I have to ex- I also want to thank my colleague Commonwealth to continue to main- press some concerns with the bill, the from Virginia’s Third District, the gen- tain these roads. The Commonwealth is content, and basically the question I tleman from Newport News, [Mr. now seeking to have these roads re- am asking is, what is the rush with the SCOTT] for his support. turned to their ownership so that they Richmond and Shenandoah park pro- Mr. Speaker, the gentleman from can manage them and continue such posals? What we have is boundary stud- Utah [Mr. HANSEN] has thoroughly ex- uses as transporting children to ies underway. This legislation basically plained the bill. I want to just add a schools. prejudges the results of those studies. few things. The reason for this bill that Title III of the bill expands the There is not any threat to any land- I introduced, H.R. 1091, was a response boundary of the existing Colonial Na- owner. These parks were assembled by to constituents’ worries about the September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9079 boundaries of Richmond National Bat- Mr. Speaker, this morning I had the story of how the city of Winchester, tlefield Park and the Shenandoah Na- pleasure and honor of participating in VA, changed hands between North and tional Park. Each of these parks is pe- a dedication ceremony for the preser- South at least 73 times, and how that culiar in that it has a vast authorized vation of the 3d Battle of Winchester. turmoil affected local residents. Even boundary with a much smaller amount The 3d Battle of Winchester, or today, one can sense the effect the war of land actually owned and managed by Opequon, was the largest and most des- had on the Valley. the Park Service. perately contested battle of the Civil After countless meetings and tele- Unlike normal parks, these two War in the Shenandoah Valley of Vir- phone conversations, in which the Na- parks can expand whenever they want, ginia, resulting in more than 9,000 cas- tional Park Service was consulted, a without congressional approval or a ualties. This battle, where over 15,000 consensus began to form around a part- fair representation of local commu- Confederate troops led by Lt. Gen. nership concept where Federal, State, nities’ concerns. The Richmond Na- Jubal Early and about 39,000 Union and local governments, private land- tional Battlefield Park comprises 10 troops led by Maj. Gen Philip Sheridan owners and preservation groups could sites around Richmond totaling about clashed in the otherwise quiet country- work together to preserve these lands. 760 acres, to which this bill would add side, marked the rise of Sheridan and After a draft bill was ready, we held 900 more at Malvern Hill, but its enor- the decline of Confederate power. discussion meetings in the Shenandoah mous 1936-authorized boundary enve- Perhaps it is coincidence, providence, Valley on the proposed legislation. lopes 250 square miles of the metropoli- fortuity, serendipity or luck that H.R. These meetings provided an oppor- tan area. What the constituents are 1091 is being considered on the floor of tunity for thorough review and com- concerned about is that somehow a des- the House of Representatives the same ment by Valley residents and officials ignation will be put on their land day the 3d Battle of Winchester is on this legislation. These meetings, at- against their wishes that will saved by development. The hallowed tended by local government officials, downzone the value of their land. That Civil War site of Opequon was saved by landowners, business people, and pres- is a very important concern to anyone a partnership between the Federal Gov- ervationists, served as a vehicle to re- who owns land. ernment, State and local government, fine, modify, and improve the legisla- Having served in local government businesses persons, and private pres- tion with the input and advice of citi- and having participated in a couple of ervationists. This has been the ap- zens from throughout the Shenandoah downzonings, it is a very, very bad pol- proach taken in the valley for years Valley. icy to downzone a man’s land. Anytime and is the approach embodied in title What I found during those public that Members want to expand either of IV of this legislation. meetings was unprecedented unani- these parks, all the Park Service has to Mr. Speaker, in response to a con- mous support for this legislation. I do is to come forward with a request gressional directive (Public Law 101– served at the Department of the Inte- that then can be considered, but what 628), the National Park Service [NPS] rior in the 1970’s under Secretary Mor- will happen then is that it would give undertook the task of studying the ton, and I can’t recall ever gaining the neighbors a chance to comment, Civil War sites in the Shenandoah Val- such widespread support for a park bill. and it will give the local governments ley. The NPS identified significant The legislation before this subcommit- a chance to comment, as well as the Civil War sites and determined their tee has been endorsed by every local State government. Then Congress will condition, established their relative government where core battlefield determine whether we have the re- importance, assessed short- and long- properties are located. Moreover, we sources to absorb whatever this gift term threats to their integrity, and have a broad, bipartisan coalition of in- might be. provided general alternatives for their terests united to preserve these treas- Right now, Richmond National Bat- preservation. ures of history. The list that follows tlefield Park has a $2 million shortfall The Park Service discovered that 15 my statement, compiled over a year in its operating funds for 1996, and the of the 326 documented armed conflicts and a half ago, comprises those persons Shenandoah National Battlefield Park in the valley between 1861 and 1865 and entities who endorsed this partner- has a shortfall of $5.5 million. So to me were of particularly high significance. ship approach to preservation. There it makes eminent sense that before we Because many portions of the valley have been many others since this list go expanding either of these parks, let retain a high degree of historic, rural was put together. us make sure we have enough resources and scenic integrity, the NPS con- This subcommittee should know that to take care of the expansion, pure and cluded that they should be preserved. the work of valley residents did not simple. The two major Valley campaigns—the end with the drafting and introduction I am also pleased that the legislation Thomas J. ‘‘Stonewall’’ Jackson Valley of this legislation. The Cedar Creek of the gentleman from Virginia [Mr. campaign of 1862 and the decisive Phil- Battlefield Foundation is a private WOLF], that he was successful in pass- ip Sheridan campaign of 1864—are the nonprofit corporation organized to save ing last session in the other body is in- major Civil War battlefields not yet the historic Cedar Creek Civil War bat- cluded, and this legislation conserves preserved. This Congress has a historic tlefield site. The Frederick County for future generations 10 Civil War bat- opportunity to capitalize on the over- Board of Supervisors and Winchester tlefields in the Shenandoah Valley. But whelming momentum of support for City Council have appointed a Battle- most importantly about this act is this this legislation. field Task Force whose responsibility was developed in close consultation it is to prepare a strategic plan for the b with the communities up and down the 1615 protection and use of the battlefield valley. Unfortunately, the NPS did not rec- sites. The task force’s interim action Mr. Speaker, I thank my good friend, ommend a specific preservation strat- plan designates the most critical and the gentleman from Utah [Mr. HAN- egy. Therefore, some local valley resi- significant sites and recommends im- SEN]. dents accepted a challenge by Park mediate actions to be taken. Frederick Mr. HANSEN. Mr. Speaker, I yield 5 Service staff to devise a plan to pre- County and the city of Winchester have minutes to my good friend, the gen- serve these historic lands. Their efforts also successfully convinced a trustee of tleman from Virginia [Mr. WOLF]. were remarkable. Their dedication and a battlefield property at Kernstown to Mr. WOLF. Mr. Speaker, I rise in perseverance unflappable. This was postpone a planned auction. Moreover, strong support of H.R. 1091, a bill which truly a grassroots effort. they have purchased a $500,000 2-year would improve the National Park Sys- Local residents began to meet and option to buy land. Within the last tem in the Commonwealth of Virginia. discuss how these hallowed lands could couple of weeks, the Association for I am particularly interested and sup- be preserved for future generations to the Preservation of Civil War Sites portive of title IV of the bill which in- learn and enjoy. They are eager to [APCWS] exercised an option to pur- corporates legislation I introduced share the stories of the valley—not just chase 222 acres, known as Caleb which would create the Shenandoah battle maneuvers and formations, but Heights, of the threatened third battle Valley Battlefields National Historic the stories of people dislocated by a of Winchester using funds derived from Park. brutal war. They want to share the the sale of Civil War commemorative H 9080 CONGRESSIONAL RECORD — HOUSE September 18, 1995 coins. APCWS is committed to raising that local governments need to ward And finally Mr. Speaker, I would like the remaining $2 billion needed to pay off development pressures. to add a very special thank you to Will off the remaining cost of the property. The third key ingredient which I Moschella, one of my legislative assist- Not only have the local governments would like to stress in the grants to ants, who was instrumental in helping and private groups dedicated time and private battlefield landowners. Because to bring this bill forward. personnel to planning the preservation of the tight fiscal constraints of federal Tomorrow it is my hope and expecta- of the battlefields, they have commit- discretionary spending, we can’t expect tion, and I might say I am going to say ted scarce resources to protect these the National Park Service to purchase a little prayer, that this legislation lands. This is an overwhelming dem- thousands and thousands of acres of will pass without any controversy and onstration of their commitment to the land. This is much too expensive. We will then be passed by the other body. successful implementation of a preser- can, however, provide incentives to Mr. Speaker, I include the following vation plan. local landowners to assist in the pres- articles and extraneous material for Local governments alone can’t pre- ervation of historic lands. In exchange the RECORD, which describe the efforts serve these valuable resources; they for these economic incentives, private to create a Civil War National Battle- need a partnership with the Federal landowners could provide the Park field Park in the Shenandoah Valley of Government to preserve these lands. Service needed scenic or preservation Virginia: Even the most well intentioned friends easements or could contractually agree SHENANOAH VALLEY PROPOSAL of battlefield preservation will find it to maintain open-space lands with his- ENDORSEMENTS BY COUNTY difficult to keep the threats of residen- toric viewsheds. This will ensure that a FREDERICK tial construction, commercial develop- comprehensive overall interpretation The Glass-Glen Burnie Foundation, Land- ment, highway construction, and in- of the resource is attained. owner/Individual. dustrial development at bay. Inter- Mr. Speaker, the time is upon us for Town of Middletown, Government. Town of Stephens City, Government. states 66 and 81 bring increasing pres- Federal action to preserve the historic Civil War battlefields of the Shen- Winchester-Frederick Chamber of Com- sure on this rural landscape and merce, Business. threaten to consume more battlefield andoah Valley, in partnership with Winchester-Frederick County Econ. Deve. land. As the NPS study indicates, some State and local governments, local Comm., Business. critical properties have already been landowners, and preservation groups. SHENANDOAH This innovative concept will be the lost. Association for the Preservation of Civil Since the Civil War, most of the least costly and disruptive strategy to War Sites, Landowner/Individual Shenandoah Valley has remained in protect the lands forever. C.M. ‘‘Mike’’ Hunt, Landowner/Individual. Mr. Speaker, one point of interest the same type of agricultural use, but, Sarah P. Faulconer, Landowner/Individual. that people should know, that there is James H. Faulconer, Landowner/Individ- as the Park Service has reported, in- a Colonel McCormick in my congres- ual. creasing development threatens key sional district, 94 years old, lives in Garland C. Hudgins, Landowner/Individual. battlefield sites. Title IV of H.R. 1091 Front Royal, just retired from practic- Breckenridge Chapter, Daughters of the would protect many of these through Confederacy, Historic Group. ing law. His father and his grandfather designation as a unit of the National Town of New Market, Government. and his uncle were in Pickett’s Charge Park System, while encouraging part- Clinton M. Truesdale, Individual. at Gettysburg. The interest in the The Strasburg Guards, Sons of Confederate nerships with local governments and Shenandoah Valley for this is very im- Veterans, Historic Group. private landowners to protect the natu- portant. Town of Woodstock, Government. ral cultural and historical resources on In closing, Mr. Speaker, the time is David E. Smith, Landowner/Individual. adjacent lands within the historic core William Craun, Landowner/Individual. upon us for Federal action to preserve areas of the key battlefield sites. Part- William F. Bausserman, Landowner/Indi- the historic Civil War battlefields of nership is the key ingredient in this vidual. the valley in partnership with State bill. It was borne of cooperation and William J. Bausserman, Landowner/Indi- and local governments and local land- vidual. will succeed by bringing all interested owners and preservation groups. Harold Walter, Landowner/Individual. parties into the planning, development, I want to acknowledge before I close Keith Rocco, Landowner/Individual. and implementation of this novel pres- and thank the gentleman from Utah J.W. Troxell, Landowner/Individual. ervation scheme. Ralph Stickley, Landowner/Individual. [Mr. HANSEN] and his staff. Without the Tom’s Brook Farm,/Rodney A. Bankson, This bill capitalizes on the coopera- help of the gentleman from Utah [Mr. tion and hard work which have created CDR, USN-Ret., Landowner/Individual. HANSEN], this legislation would not be 10th Virginia Volunteer Infantry, Historic a sturdy foundation upon which to passing. He nurtured it through, Group. build this park. Much of the ground- worked with us and he did everything Cross Keys Antiques/John B. Woodyard, work has been laid by residents of the he possibly could. Landowner/Individual. valley and specialists knowledgeable I want to say on the record, the gen- Friends of the North Fork of the Shen- about land use planning, environ- tleman and I were freshmen together in andoah River, Civic Group. Hupp’s Hill Battlefield Park and Study mental impact studies, and so forth. I that class of 1980 when we came, I encourage this subcommittee to utilize Center, Historic Group/Business. think there are only 16 of us left, but I New Market Area Chamber of Commerce, the experience, dedication, and knowl- want to publicly say I will be eternally Business. edge base that exists in the valley in grateful for his help and his entire New Market Battlefield Historic Park, His- preparing a plan for park management, staff. He helped us work this thing toric Group. visitor facilities, educational pro- through. Patricia K. Marie, Landowner/Individual. grams, and historical markers and ex- I also want to thank the gentleman Reformation Lutheran Church, Civic Group. hibits throughout the Shenandoah Val- from Virginia [Mr. GOODLATTE] for his ley. The NPS should work hand-in- Robert D. Plu, Landowner/Individual. efforts. It was a good team effort. Our Shenanoah Caverns, Business. glove with the local community. districts are joined together. We were Shenandoah Valley Civil War Roundtable, The second important component of lockstepped together at the beginning Historic Group. the legislation is that it provides in- of this. I thank him. Shenandoah Valley Quality Inn/Lois centives for local governments to pre- I also want to thank the gentleman Moomaw, Gen. Man., Business. serve historic land by including battle- from Virginia [Mr. BLILEY], the gen- Strasburg Rotary Club, Civic Group. Town of Mount Jackson, Government. field protection in regional planning. tleman from Virginia [Mr. SCOTT], and Town of Tom’s Brook, Government. As the Park Service study observed, the other members of the Virginia del- VMI Museum Programs, Historic Group. local governments are under increasing egation, and on the Senate side, Sen- Women’s Memorial Society, Civic Group. pressure to allow residential construc- ators ROBB and WARNER. We were to- Woodstock Museum, Historic Group. tion, commercial development, high- gether almost like Stonewall Jackson. ROCKINGHAM way construction, and industrial devel- There stood the Virginia like a stone Arthur J. Hamilton, Landowner/Individual. opment. Grants and technical assist- wall, we were together and united on Association for the Preservation of Civil ance provide the necessary incentive this. War Sites, Landowner/Individual. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9081 Barbara Paulson, Landowner/Individual. in one day—Sept. 17, 1862—than any other sites threatens these sites with extinction. Cherry Grove Farm/George K. Harnsberger, day in our history. They can scan the fields That fate could be avoided by the creation of Landowner/Individual. at Gettysburg, where 13,000 Confederate sol- a Shenandoah Valley national battlefields F & M Bank-Massanutten, Business. diers launched an assault of futile courage park. Graham C. Lilly/Professor of Law UVA, on July 3, 1863. And they can see where Many residents of this area recognize that Landowner/Individual. Grant’s legions put their siege lines at preservation of these sites would produce Harrisonburg-Rockingham Historical Soci- Vicksburg, forcing that city’s defenders to more than the obvious historical and cul- ety, Historic Group. eat mules and rats before surrendering. tural benefits. It would also yield the eco- Harry L. Chandler, Landowner/Individual. No one can truly comprehend the tragic nomic benefits of tourism at a much lower Lawrence D. Bowers/Wilson & Bowers, but triumphant trauma of the American cost than residential development, with its Landowner/Individual. Civil War without visiting such battlefields. inevitable byproducts of congestion, noise Martha B. Caldwell/Professor of Art His- But there are two large gaps in our com- and pollution. tory JMU, Landowner/Individual. memoration of the engagements of the Civil Most of the battlefield sites in the valley Mr. & Mrs. Brownie A. Cummins, Land- War—Stonewall Jackson’s Shenandoah Val- still possess a high degree of historical integ- owner/Individual. ley campaign in 1862 and Phil Sheridan’s rity, that is, the topography—the fields and Mr. & Mrs. Thomas F. Tutwiller, Land- Shenandoah Valley campaign in 1864. No na- forests, the hills and valleys and viewsheds— owner/Individual. tional park—or state or local park—marks has changed little since the Civil War. At Peter Svenson, Landowner/Individual. any of the eight battles and numerous im- surprisingly low cost to taxpayers, much of The Inn at Keezletown Road Bed & Break- portant skirmishes involved in these cam- the battlefield acreage could be saved for fast, Business. paigns, even though they were as crucial in posterity, with sites linked by already exist- The Society of Port Republic Preservation- shaping the course and outcome of the war ing state and local roads. Several parcels of ists, Historic Group. as were Antietam, Vicksburg and Chat- battlefield lands already are owned by pri- The Town of Dayton, Virginia, Govern- tanooga—yes, even as important as Gettys- vate preservations groups that are ready to ment. burg itself. The two Shenandoah Valley cam- turn them over to the National Park Serv- James J. Geary, Former Dir. New market paigns produced two of the four major turn- ice. Battle, Landowner/Individual. ing points of the war (the other two were An- Congress should authorize a Shenandoah Ronald E. Carrier, President, James Madi- tietam and Gettysburg-Vicksburg). Valley National Battlefield Park as envi- son Univ., Educational. Jackson’s string of victories in the valley sioned in legislation introduced by Rep. Barbara Moore, Landowner/Individual. from May 8, 1862, to June 9, 1862, reversed a Frank Wolf (R–Va.) in the House and Sens. Daniel M. Downey, Ph.D., Landowner/Indi- tide of Northern triumphs during the preced- John Warner (R) and Chuck Robb (D) of Vir- vidual. ing three months that had threatened to ginia and Sen. James Jeffords (R) of Ver- Tom’s Brook Farm/Rodney A. Bankson, sink the Confederacy. mont. CDR, USN-Ret., Landowner/Individual. The Union had captured Roanoke Island Creation of such a park would make it pos- W. Allen & Phoebe Sherwood, Landowner/ and New Bern in North Carolina, forts Henry sible for millions of Americans to visit these Individual. and Donelson, Nashville and New Orleans battlefields, where thousands gave their last W.C. Bedall, Jr., Landowner/Individual. and the lower Mississippi valley. Union vic- full measure of devotion just as surely as did Wilmer Diehl Family, Landowner/Individ- tories in the bloody battles of Shiloh and those who died at Gettysburg. ual. Pea Ridge and the advance of the largest Mr. RICHARDSON. Mr. Speaker, I Union army to within six miles of Richmond yield 5 minutes to the gentleman from HIGHLAND in the spring of 1862 had caused panic and de- Virginia [Mr. SCOTT] who strenuously Association for the Preservation of Civil pression in the South. War Sites, Landowner/Individual. In mid-May 1862, the Confederate govern- was urging that we pass this bill and The Board of Supervisors for Highland ment was prepared to evacuate Richmond. who has worked very hard on it equal- County, Government. Then came Jackson’s extraordinary victories ly, especially the component of black The Recorder, Business/Press. in the Shenandoah Valley—at McDowell on Civil War heroes. Virginia’s Western Highlands Travel Coun- May 8, Front Royal on May 23, Winchester Mr. SCOTT. Mr. Speaker, I rise in cil, Business. on May 25 and Cross Keys and Port Republic support of H.R. 1091 and would like to WINCHESTER on June 8 and 9. speak to the impact of the bill on the City of Winchester, Government. These victories proved to be a strategic shot in the arm for the Confederacy. They Richmond area. This legislation is im- Elizabeth G. Helm/Former Mayor, Govern- portant because it relieves a burden ment. changed the momentum of the war and launched a year of Southern victories in the from landowners of having to worry Downtown Development Board, Govern- about the possibility of condemnation ment. Virginia theater that culminated in the The Common Council of the City of Win- Confederacy’s high tide at Gettysburg. of their land by the Richmond National The tide receded, but by the late summer chester, Government. Battlefield Park. For too long, the of 1864 Confederate prospects again seemed park has had the ability to use this AUGUSTA promising. The two largest Northern mili- process to acquire land without the Winston Wine, Landowner/Individual. tary efforts of the war, to capture Richmond permission of landowners. I applaud my PAGE and Atlanta, had bogged down in apparent stalemate after 100,000 Union casualties. The colleague from the Richmond area, Mr. Luray Caverns Corporation, Business. shock of death and failure staggered the BLILEY, for realizing our constituents’ PORT REPUBLIC Union, threatened Lincoln’s reelection and concerns and for removing the threat Mark & Susan Hardy, Landowner/Individ- spawned a peace movement in the North. of condemnation in this legislation. ual. In July a small Confederate army com- The fact is, Mr. Speaker, that this manded by Jubal Early cleared Union forces REGIONAL power has never been used nor is there out of the Shenandoah Valley and marched The Civil War Trust, Historic Group. all the way to the outskirts of Washington any anticipation that it would be used ALEXANDRIA before pulling back. During this crisis, Gen. in the foreseeable future. This bill, Brian C. Pohanka, Landowner. Ulysses S. Grant sent one of his favorite sub- therefore, removes the cloud of uncer- VALLEY WIDE ordinates, Philip Sheridan, to the valley to tainty and concern of area residents take command of a composite ‘‘Army of the near the battlefield. Shenandoah Valley Travel Association, Shenandoah’’ and crush Early. In three bat- Business. While this bill reduces the large area tles—among the most one-sided Union vic- of potential land acquisition, I agree [From the Washington Post, June 13, 1993] tories of the war—Sheridan did precisely with my other colleagues from Virginia UNSUNG SOLDIERS that: at Third Winchester (or Opequon Creek) on Sept. 19, Fisher’s Hill on Sept. 22 that there is nothing in this legislation THE CASE FOR SAVING SHENANDOAH’S CIVIL WAR that will prevent specific land acquisi- BATTLEGROUNDS and Cedar Creek on Oct. 19. These battles en- sured Lincoln’s reelection on a platform of tion in the future through legislative (By James M. McPherson) unconditional victory and marked the final authorizations for either purchase or Many Americans recognize the significance turn of the tide toward Appomattox. acceptance of donated lands. of such Civil War battles and campaigns as The absence of a national park for any of Additionally, Mr. Speaker, this bill Antietam, Gettysburg, Chickamauga, Chat- these Shenandoah Valley battlefields has al- addresses an important battle site. tanooga and Petersburg. All of these battle- ways been a mystery to me, But there is now Nearly 131 years ago, on September 29, fields are now national parks that attract a chance to remedy this omission—maybe millions of visitors each year. the last chance. 1864, near Richmond, VA, in an area re- More than 125 years after the guns went si- The expansion of development along I–66 to ferred to as New Market Heights, U.S. lent, tourists can walk the ground near its intersection with I–81 a few miles from Colored Troops would assault a Confed- Sharpsburg, Md., where more Americans died five of the Shenandoah Valley battlefield erate position, suffer extreme losses H 9082 CONGRESSIONAL RECORD — HOUSE September 18, 1995 and have 14 of their ranks receive Med- First the Shenandoah National Bat- We are not in any way shrinking the als of Honor for bravery in action. tlefield parks, new legislation, as the size of the park. We are not taking any Mr. Speaker, in the entire balance of gentleman from Virginia [Mr. WOLF] land out of the park except for the spe- the Civil War, only 2 more Army med- indicated, to protect 12 battlefield sites cific 16 acres designated by the gen- als were awarded to African-Americans up and down the Shenandoah Valley, tleman from Virginia [Mr. BLILEY], and no other battle in the entire Civil the last major part of our country which will be used to improve roads War generated 14 Medal of Honor des- where we had important Civil War bat- going through the park, to widen the ignees. tles fought, that are at this point re- roads, straighten the roads for safety Until this past year, however, the ceiving no protection and are not rec- purposes because they are used by the story of these 14 African-American sol- ognized as a national park. These 12 public, used by school buses traveling diers was scarcely remembered or re- are the most important of several hun- through the area. That will be re- told. A Richmond Times-Dispatch arti- dred different sites around the area. moved, but other than that, there is no cle dated May 21 of this year calls this Three of them, the Cross Keys, Port change in the boundary of the park. battlefield one of the Nation’s most Republic, and McDowell Battlefield This simply says that in the future if forgotten historical sites. sites are in my district, in Rockingham people want to add to the Shenandoah But with the assistance of my col- County and Highland County, respec- National Park, they are going to have league from Richmond we are now tively. This legislation, unlike the cre- to go through the process of getting headed in the right direction by honor- ation of battlefields in the past where congressional support for legislation ing these 14 men, bringing just ac- the Government has bought up in many that will add the land. No longer can knowledgment and credit to a pre- instances thousands and thousands of they do so simply as an administrative viously forgotten event. I am grateful acres of land, often at enormous cost, decision. for the help of the gentleman from Vir- this creates this park in a very dif- This is something that I think is vi- ginia [Mr. BLILEY] and support in ferent way. This land will largely re- tally important for the protection of crafting legislation that ensures that main in the hands of private owners the counties that surround the park, the battle of New Market Heights will who will continue to farm it, as it is that are worried about losing the tax be recognized for its historic signifi- primarily an agricultural area today, base for land that might be donated to cance. as it was during the Civil War 130 years the park, and it is also vitally impor- Mr. Speaker, this bill responds to the ago. tant for the adjoining landowners who concerns of landowners in Henrico We have the opportunity here to cre- fear they may see a diminution of the County, it focuses the resources of the ate a protection for battlefields, but value of their property. I strongly urge National Park Service on truly histori- also at the same time have an oppor- passage of this legislation. cally significant sites, and gives proper tunity for local governments to have As an original cosponsor and one who has recognition to the valiant African- the maximum amount of input about worked hard and waited long to see this day American soldiers in New Market these lands and to protect the rights of come to pass, I am pleased to rise in support Heights. private property owners. There will be of H.R. 1091, the Virginia National Parks Act. I therefore join my colleagues from no condemnation of lands allowed in I want to congratulate Congressman BLILEY for Virginia, both in the Richmond area this park, and we will have this as an spearheading the introduction of this much- and the Shenandoah area, in support of opportunity to both utilize the land for needed effort and Chairmen YOUNG and HAN- this bill. I thank the gentleman from agriculture and to promote tourism SEN for their excellent leadership in bringing Utah and the gentleman from New and the preservation of these impor- this bill to the floor. Mexico for their cooperation. tant sites, all at the same time. Mr. HANSEN. Mr. Speaker, I yield 5 Three components of this legislation directly minutes to the gentleman from Vir- In addition, the legislation offered by impact my congressional district, the sixth dis- the gentleman from Virginia [Mr. BLI- ginia [Mr. GOODLATTE]. trict of Virginia: setting the boundaries of the (Mr. GOODLATTE asked and was LEY] dealing with the Shenandoah Na- Shenandoah National Park; the transfer of given permission to revise and extend tional Park is vitally important as secondary roads within the Shenandoah Na- his remarks.) well. Those of you who are familiar tional Park to the State; and the Shenandoah Mr. GOODLATTE. Mr. Speaker, I with the creation of this park in the Valley National Battlefields Partnership Act. thank the gentleman from Utah for 1920’s and 1930’s know that there was a These land-related concerns all have one yielding me the time. I especially great deal of hardship and animosity common threadÐthey all achieve their ends thank him and his outstanding staff for on the part of many people who lived in through local control by communities and their efforts in moving this legislation that park at that time and were forc- property owners. through their committee, and the gen- ibly removed from the park. There is I am extremely pleased that the Shen- tleman from Alaska [Mr. YOUNG] for documentation of individuals whose andoah Valley National Battlefields Partner- moving it through the full committee. homes were burned while they had been ship Act which our colleague FRANK WOLF has Mr. Speaker, we have been working forcibly removed from the home, their championed since the 103d Congress is con- on this legislation now in various furniture removed, put out on the tained in this legislation. As an original co- forms for several years, certainly since ground outside, and they stayed there sponsor of the battlefields bill I was very dis- I came to the Congress in 1993, and I and watched while their home was appointed when it was caught in the end of am just delighted that it has bipartisan burned to the ground. the session rush of the 103d Congress and support from other members of the del- There is a long history of difficult re- not taken up by the House. Committee testi- egation from Virginia and from the lations between the national park, mony last Congress pointed out the national gentleman from New Mexico. which is a precious resource that every significance of the battlefields and related This legislation is vitally important one of us values, but at the same time areas in the Shenandoah Valley and the dan- to my congressional district because 3 respect for the rights of those people ger they face if left unprotected. of the 5 aspects of the bill affect my who live around the park and are con- Congressman WOLF and constituents in district. The Shenandoah National Bat- cerned about the manner in which it both of our congressional districts have tlefield legislation was authored by the was created and about the manner in worked very hard to craft this balanced legisla- gentleman from Virginia [Mr. WOLF], which it could be expanded, because of tion. Extensive local involvement was instru- who has done an outstanding job in the authorized boundary of some mental in developing a solid bill securing the creating a new piece of legislation and 521,000 acres which is more than 21⁄2 Valley's rich heritage without treading on the a new type of national park that I times the size of the park today. authority of local governments or the rights of think will serve as a model for other That would mean that, for example, private landowners. This act represents a national parks in the future; and the the city of Waynesboro in my congres- model partnership between Federal and local gentleman from Virginia [Mr. BLILEY] sional district, a city of more than governments to preserve 12 critical Civil War authored other aspects of this legisla- 20,000 people, half of that city is in the battle sites throughout the Shenandoah Valley. tion dealing with the Shenandoah Na- authorized area of the national park. It These include three sites in the sixth congres- tional Park. simply does not make any sense. sional District: Cross Keys and Port Republic September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9083 in Rockingham County and McDowell in High- a much larger authorized boundary of 521,000 The SPEAKER pro tempore. Pursu- land County. acres created by Congress in 1926. Under this ant to clause 5 of rule I and the Chair’s Residents of the Shenandoah Valley are authorization, the SNP has the potential to ex- prior announcement, further proceed- fiercely proud of their heritage and the role pand in three ways without any action by Con- ings on this motion will be postponed. that their valley played in the American Civil gress: by accepting donated property, by pur- f War. Not only did the battles fought in the val- chasing property with donated funds and b ley play a pivotal role in the Civil War and through land transfers with private property 1630 have national importance, but the ravages owners. In fact, the only time that the park NATIONAL PARK SYSTEM REFORM from these battles on the lives of local citizens must come to Congress in order to expand is ACT OF 1995 and their property were great and remain an if they seek to purchase property with appro- Mr. HANSEN. Mr. Speaker, I move to important part of our local history. Many of the priated funds. descendants of the native valley families who suspend the rules and pass the bill This situation causes local communities and (H.R. 260), to provide for the develop- farmed the land where these battles were property owners to constantly fear such an ex- fought some 130 years ago still reside on ment of a plan and a management re- pansion and the potential for crippling effects view of the National Park System and those same family farms today. upon property rights and local tax bases. In This tremendous pride in the valley's rich to reform the process by which areas Rockingham County for example, there is the are considered for addition to the Na- heritage is the key to why public participation community of Beldor Hollow which has lived in the drafting of this legislation was over- tional Park System, and for other pur- for several generations with the threat that citi- poses, as amended. whelming. More than two dozen public hear- zens of the community could actually be sur- ings were held throughout the valley and sup- The Clerk read as follows: rounded by park land, ``land-locked'' if you will. H.R. 260 port has been widespread. In fact two members of the Rockingham Coun- Prior to the introduction of the bill, I partici- Be it enacted by the Senate and House of Rep- ty Board of Supervisors spoke to the National resentatives of the United States of America in pated in a public meeting held in my congres- Parks Subcommittee about those concerns sional district by the Rockingham County Congress assembled, back in March when the subcommittee held Board of Supervisors to find out if support for SECTION 1. SHORT TITLE. hearings on this bill. This Act may be cited as the ‘‘National Park the proposal to create the Shenandoah Valley By freezing the boundaries of the park to System Reform Act of 1995’’. National Battlefields Park was as widespread the land that the SNP currently owns we will SEC. 2. DEFINITIONS. as we anticipated. This meeting provided a alleviate this threat of out-of-control expansion As used in this Act: forum where all voices in the area could be (1) The term ‘‘Secretary’’ means the Secretary that has plagued these communities since the heard. of the Interior. The community's support was very strong. 1930's. This bill does not eliminate the poten- (2) The term ‘‘Plan’’ means the National Park Property owners, preservation groups, and tial for the park to expand in the futureÐit just System Plan developed under section 101. (3) The term ‘‘Commission’’ means the Na- local government officials and businesses requires that Congress approve such an ex- pansion which provides the park's neighbors tional Park System Review Commission estab- voiced their support for the bill and the Rock- lished pursuant to section 103. ingham County Board of Supervisors subse- the opportunity to have a voice in the matter. We've also taken care of another Shen- (4) The term ‘‘Congressional resources commit- quently endorsed it. This type of support has tees’’ means the Committee on Resources of the been universal. Every Chamber of Commerce andoah issue with this legislation by transfer- House of Representatives and the Committee on and Economic Development Council in the five ring secondary roads within the park to the Energy and Natural Resources of the Senate. counties affected have endorsed this bill. state so that they can continue to be main- TITLE I—NATIONAL PARK SYSTEM PLAN That is because our bill not only protects the tained. Virginia has maintained and operated SEC. 101. PREPARATION OF NATIONAL PARK SYS- irreplaceable resources of the battle sites, it these secondary roads under a series of tem- TEM PLAN. also protects property rights through its en- porary use permits since the park's creation. (a) PREPARATION OF PLAN.—The Secretary of tirely voluntary approach and provides oppor- These permits have expired and since the Na- the Interior, acting through the Director of the National Park Service, shall prepare a National tunity for continued economic development for tional Park Service has not renewed them the State can no longer maintain these roads, Park System Plan to guide the direction of the the region. This is achieved in a cost-efficient National Park System into the next century. manner. many of which are in need of repairs. Our bill The Plan shall include each of the following: This legislation does not involve acquisition returns these roads to the State so that they (1) Identification of goals and objectives for of thousands of acres of land by the Federal can be maintained. use in defining the mission and role of the Na- Government. There will be no Federal ``taking'' I urge my colleagues to pass this legislation tional Park Service and the National Park Sys- of local property. That approach would be anti- which is vitally important to the entire State of tem in preserving our Nation’s heritage, relative thetical to the residents of the valley who as Virginia. to other efforts at the Federal, State, local, and I mentioned earlier are fiercely proud of their Mr. RICHARDSON. Mr. Speaker, I private levels. This statement shall include a re- finement for the definition of ‘‘nationally sig- heritage, yet deeply suspicious of big Govern- have no further requests for time. Mr. Speaker, let me conclude by stat- nificant’’ for purposes of inclusion in the Na- ment. tional Park System. Rather, this legislation is built on providing ing that I will support this bill. I have (2) Criteria to be used in determining which incentives designed to encourage local gov- some reservations. Again, I think we themes and types of resources are appropriate ernments and landowners to voluntarily man- should give our Park Service profes- for representation in the National Park System, age their communities and property in ways sionals the opportunity in their bound- as well as criteria for judging individual sites, best to further the preservation of these sites ary studies to work their will, but I am areas, and themes that are appropriate for in- compelled to support it because of the clusion as units of the National Park System. and park objectives. It respects private prop- (3) Identification of what constitutes adequate erty rights and recognizes federal budgetary respect I have for many Members on representation of a particular resource type or limitations resulting from the Federal budget both sides of the aisle that would like theme in the National Park System. deficit. It creates a model, partnership be- to see this bill become law. Tomorrow (4) Identification of which aspects of the Na- tween the local communities and the Federal when we cast the vote, I will be voting tion’s heritage are adequately represented in the Government to protect our valley's rich historic ‘‘aye.’’ existing National Park System. resources for future generations. Mr. Speaker, I yield back the balance (5) Identification of appropriate aspects of the With regard to provisions modifying the of my time. Nation’s heritage not currently or adequately represented in the National Park System. boundary of the Shenandoah National ParkÐ Mr. HANSEN. Mr. Speaker, I yield (6) Priorities of the themes and types of re- ever since my first campaign for Congress in back the balance of my time. sources which should be added to the National 1991, I have heard from citizens and local The SPEAKER pro tempore (Mr. Park System in order to provide more complete governments concerned about the possible FOLEY). The question is on the motion representation of our Nation’s heritage. expansion of the Shenandoah National Park offered by the gentleman from Utah (7) A thorough analysis of the role of the Na- and the impact such an expansion would have [Mr. HANSEN] that the House suspend tional Park System and the National Park Serv- on their property values and those commu- the rules and pass the bill, H.R. 1091, as ice with respect to (but not limited to) conserva- tion of natural areas and ecosystems; preserva- nities which lie on the parameters of the park. amended. tion of industrial America; preservation of in- Since 1991 this issue has been one of my top The question was taken. tangible cultural heritage such as arts, music, priorities. Mr. RICHARDSON. Mr. Speaker, on and folklife; presidential sites; open space pro- Shenandoah National Park now encom- that I demand the yeas and nays. tection; and provision of outdoor recreation op- passes 196,000 acres of land, however it has The yeas and nays were ordered. portunities. H 9084 CONGRESSIONAL RECORD — HOUSE September 18, 1995 (8) A comprehensive financial management conform to the Plan. For any such areas, the and understanding of, the National Park Sys- plan for the National Park System which identi- Secretary shall determine whether there are tem and related fields. In addition, the Commis- fies all funding available to the agency, how more appropriate alternatives for managing all sion members shall have expertise in natural funds will be allocated to support various pro- or a portion of such units, including through sciences, history, archaeology, and outdoor grams, and the level of service to be provided. partnerships or direct management by States, recreation. Five members of the Commission, one (b) PUBLIC PARTICIPATION AND CONSULTA- local governments, other agencies and the pri- of whom shall be the Director of the National TION.—During the preparation of the Plan vate sector. Park Service, shall be appointed by the Sec- under subsection (a), the Secretary shall ensure (B) The Secretary shall develop a report retary. Two members shall be appointed by the broad public participation in a manner which, which contains a list of any unit of the Na- Speaker of the United States House of Rep- at a minimum, consists of the following two ele- tional Park System where National Park Service resentatives in consultation with the chairman ments: management should be terminated and a list of of the Committee on Resources, and one member (1) Solicitation of the views of the American any portion of units where National Park Serv- shall be appointed by the Minority Leader of public with regard to the future of the National ice management should be modified as a result the House or Representatives in consultation Park System. Opportunities for public participa- of nonconformance with the Plan. No area or with the ranking minority member of the Com- tion shall be made available throughout the portion of an area which Congress has des- mittee on Resources. Two members shall be ap- planning process and shall include specific re- ignated as a national park may be included in pointed by the President pro tempore of the gional public meetings. the report. United States Senate, in consultation with the (2) Consultation with other Federal land man- (2) Should any such unit or portion of such chairman of the Committee on Energy and Nat- agement agencies, State and local officials, re- unit not be recommended for continued National ural Resources and one member shall be ap- source management, recreation and scholarly Park Service management, the Secretary shall pointed by the Minority Leader of the Senate in organizations, and other interested parties as make recommendations regarding management consultation with the ranking minority member the Secretary deems advisable. by an entity or entities other than the National of the Committee on Energy and Natural Re- (c) TRANSMITTAL OF REPORT.—Prior to the Park Service. sources. Each member shall be appointed within end of the second complete fiscal year commenc- (3) For any such unit or portion of such unit three months after the completion of the Plan as ing after the date of enactment of this Act, the determined to have national significance, prior specified in section 101. Secretary shall transmit the Plan developed to including such unit or portion of such unit (c) CHAIR.—The Commission shall elect a under this section to the Congressional re- on a list under paragraph (1), the Secretary chair from among its members. sources committees. shall identify feasible alternatives to National (d) VACANCIES.—Vacancies occurring on the (d) CONGRESSIONAL APPROVAL.—Unless Con- Park Service management which will protect the Commission shall not affect the authority of the gress enacts a joint resolution rejecting all or resources of and assure continued public access remaining members of the Commission to carry modifying part of the Plan within 180 calendar to the unit. out the functions of the Commission. Any va- days after the date of its transmittal to Con- (c) CONSULTATION.—In developing the report cancy in the Commission shall be promptly filled gress, the Plan shall be deemed approved. referred to in subsection (b), the Secretary shall in the same manner in which the original ap- (e) IDENTIFICATION OF UNITS OF THE NATIONAL consult with other Federal land management pointment was made. PARK SYSTEM.—The Secretary shall submit to agencies, State and local officials, resource (e) QUORUM.—A simple majority of Commis- the Congressional resources committees an offi- management, recreation and scholarly organiza- sion members shall constitute a quorum. cial list of areas or units of the National Park tions, and other interested parties as the Sec- (f) MEETINGS.—The Commission shall meet at System within 180 days after the date of the en- retary deems advisable. least quarterly or upon the call of the chair or actment of this Act. The Secretary shall estab- (d) TRANSMITTAL.—Not later than 18 months a majority of the members of the Commission. lish a set of criteria for the purpose of develop- after the Plan has been deemed approved, the (g) COMPENSATION.—Members of the Commis- ing such list and shall transmit those criteria to Secretary shall transmit the report developed sion shall serve without compensation as such. the Congressional resources committees. under this section simultaneously to the Con- Members of the Commission, when engaged in (f) AUTHORITY TO ESTABLISH UNITS OF THE gressional resources committees and the Commis- official Commission business, shall be entitled to NATIONAL PARK SYSTEM.—After the enactment sion. The report shall contain the recommenda- travel expenses, including per diem in lieu of of this Act, units or areas of the National Park tions of the Secretary for termination of Na- subsistence, in the same manner as persons em- System may only be established pursuant to an tional Park Service management for any unit of ployed intermittently in government service Act of Congress or by Presidential action in ac- the National Park System that is determined not under section 5703 of title 5, United States Code. (h) TERMINATION.—The Commission estab- cordance with the Act entitled ‘‘An Act for the to conform with the Plan, a list of portions of lished pursuant to this section shall terminate preservation of American antiquities’’ (16 U.S.C. units where National Park Service management 90 days after the transmittal of the report to 431 et seq.). should be modified, and the recommendations Congress as provided in subsection (a). SEC. 102. MANAGEMENT REVIEW OF NATIONAL for alternative management by an entity or enti- (i) LIMITATION ON NATIONAL PARK SERVICE PARK SYSTEM. ties other than the National Park Service for STAFF.—The Commission may hire staff to carry (a) SELECTION CRITERIA.—(1) The Secretary such unit. out its assigned responsibilities. Not more than shall, not later than 45 days after transmittal of SEC. 103. NATIONAL PARK SYSTEM REVIEW COM- one-half of the professional staff of the Commis- the Plan under section 101(c), publish in the MISSION. sion shall be made up of current employees of Federal Register and transmit to the Congres- (a) ESTABLISHMENT OF COMMISSION; DUTIES.— the National Park Service. sional resources committees the criteria proposed (1) Following completion of the Plan as specified (j) STAFF OF OTHER AGENCIES.—Upon the re- to be used by the Department of the Interior in in section 101, a National Park System Review quest of the Commission, the head of any Fed- reviewing existing units of the National Park Commission shall be established. eral agency may detail, on a reimbursable basis, System under this section. The Secretary shall (2) The Commission shall either review the re- any of the personnel of such agency to the Com- provide an opportunity for public comment on port developed under section 102 or, if the Sec- mission to assist the Commission. the proposed criteria for a period of at least 30 retary fails to develop and transmit such report, (k) EXPERTS AND CONSULTANTS.—Subject to days. develop the report itself. In conducting its re- such rules as may be adopted by the Commis- (2)(A) The Secretary shall, within 60 days of view (or developing the report, if necessary), the sion, the Commission may procure temporary the transmittal of proposed criteria under para- Commission shall be subject to the provisions of and intermittent services to the same extent as graph (1), publish in the Federal Register and sections 102 (b) and (c) in the same manner as authorized by section 3109(b) of title 5, United transmit to the Congressional resources commit- such provisions apply to the Secretary. If the States Code, but at rates determined by the tees the final criteria to be used in carrying out Secretary develops and transmits the report, the Commission to be advisable. this section. Except as provided in subpara- review of the Commission shall be limited to the (l) POWERS OF THE COMMISSION.—(1) The graph (B), such criteria shall be the final cri- manner in which the criteria have been applied Commission shall for the purpose of carrying teria to be used unless disapproved by a joint to the existing National Park System. In addi- out this title hold such public hearings, sit and resolution of Congress enacted not more than 30 tion the Commission shall seek broad public act at such times and places, take such testi- legislative days after receipt of the final criteria. input and ensure the opportunity for input from mony, and receive such evidence as the Commis- For the purpose of the preceding sentence, the persons who would be directly affected by rec- sion deems advisable. term ‘‘legislative day’’ means a day on which ommendations regarding National Park System (2) The Commission may make such bylaws, both Houses of Congress are in session. units identified in its report. rules, and regulations, consistent with this title, (B) The Secretary may amend such criteria, (3) Within 2 years after the date of its estab- as it considers necessary to carry out its func- but such amendments may not become effective lishment, the Commission shall prepare and tions under this title. until they have been published in the Federal transmit to the Congressional resources commit- (3) When so authorized by the Commission, Register, opened to public comment for at least tees a report of its work under paragraph (2) in any member or agent of the Commission may 30 days, and transmitted to the Congressional which the Commission recommends a list of Na- take any action which the Commission is au- resources committees in final form. tional Park System units where National Park thorized to take by this section. (b) REVIEW.—(1)(A) Using the Plan deemed to Service management should be terminated and a (4) The Commission may use the United States be approved pursuant to section 101(d) and the list of portions of units where National Park mails in the same manner and upon the same criteria developed pursuant to subsection (a), Service management should be modified. conditions as other departments and agencies of the Secretary shall review the existing National (b) MEMBERSHIP AND APPOINTMENT.—The the United States. Park System to determine whether any existing Commission shall consist of 11 members, each of (5) The Secretary shall provide to the Commis- units or significant portions of such units do not whom shall have substantial familiarity with, sion any information available to the Secretary September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9085 and requested by the Commission regarding the tions for administrative designations, update this section. The Secretary should only include Plan and any other information requested by previous studies, or complete reconnaissance on the lists areas for which the supporting data the Commission which is relevant to the duties surveys of individual areas requiring a total ex- is current and accurate.’’. of the Commission and available to the Sec- penditure of less than $25,000. The SPEAKER pro tempore (Mr. retary. ‘‘(5) Nothing in this section shall be construed FOLEY). Pursuant to the rule, the gen- SEC. 104. SUBSEQUENT ACT OF CONGRESS RE- to apply to or to affect or alter the study of any tleman from Utah [Mr. HANSEN] will be QUIRED TO MODIFY OR TERMINATE river segment for potential addition to the na- A PARK. tional wild and scenic rivers system or to apply recognized for 20 minutes and the gen- Nothing in this Act shall be construed as to or to affect or alter the study of any trail for tleman from New Mexico [Mr. RICHARD- modifying or terminating any unit of the Na- potential addition to the national trails system. SON] will be recognized for 20 minutes. tional Park System without a subsequent Act of ‘‘(c) REPORT.—(1) The Secretary shall com- The Chair recognizes the gentleman Congress. This limitation shall not limit any ex- plete the study for each area for potential inclu- from Utah [Mr. HANSEN]. isting authority of the Secretary. sion in the National Park System within 3 com- (Mr. HANSEN asked and was given SEC. 105. AUTHORIZATION OF APPROPRIATIONS. plete fiscal years following the date of enact- permission to revise and extend his re- There are hereby authorized to be appro- ment of specific legislation providing for the study of such area. Each study under this sec- marks.) priated $2,000,000 to carry out the purposes of Mr. HANSEN. Mr. Speaker, I rise in this title. tion shall be prepared with appropriate oppor- strong support of H.R. 260, the biparti- SEC. 106. COMMENDATION AND PROTECTION OF tunity for public involvement, including at least NATIONAL PARK RANGERS. one public meeting in the vicinity of the area san National Park System Reform Act (a) FINDING.—The Congress recognizes the under study, and after reasonable efforts to no- of 1995 introduced by Mr. HEFLEY. This dedication, expertise and courage of the men tify potentially affected landowners and State bill is very similar to a bipartisan and women who serve as rangers and other em- and local governments. measure which passed the House last ployees of the National Park Service and finds ‘‘(2) In conducting the study, the Secretary session by a vote of 421–0. As was testi- their service to the protection of our park re- shall consider whether the area under study— ‘‘(A) possesses nationally significant natural fied to in our hearing on the bill, it is sources and the safety of the hundreds of mil- one of the most important measures on lions of Americans who visit our national parks or cultural resources, or outstanding rec- each year to be indispensable. reational opportunities, and that the area rep- the National Park Service to come be- (b) PROTECTION OF NATIONAL PARK SERVICE resents one of the most important examples of a fore the committee since the 1916 Act EMPLOYEES.—As soon as possible as part of the particular resource type in the country; and establishing the National Park Service. report developed under section 101, the Sec- ‘‘(B) is a suitable and feasible addition to the I am pleased to note that the biparti- retary shall report on the procedures that have system. san nature which characterized this been instituted to report to the United States At- ‘‘(3) Each study— bill last session continues this session, torney or other appropriate law enforcement of- ‘‘(A) shall consider the following factors with regard to the area being studied— despite the extensive effort of those ficial any intimidation, threats, or acts of vio- who seek to misrepresent this legisla- lence against employees of the National Park (i) the rarity and integrity of the resources; Service related to their duties. (ii) the threats to those resources; tion. (iii) whether similar resources are already pro- This bill reflects the concern of a TITLE II—NEW AREA ESTABLISHMENT tected in the National Park System or in other number of Members on both sides of SEC. 201. STUDY OF NEW PARK SYSTEM AREAS. public or private ownership; the aisle and in both Houses that over Section 8 of the Act of August 18, 1970, enti- (iv) the public use potential; tled ‘‘An Act to improve the Administration of (v) the interpretive and educational potential; the years since its establishment, the the National Park System by the Secretary of (vi) costs associated with acquisition, develop- Park Service mission seems to have ex- the Interior, and to clarify the authorities appli- ment and operation; panded far beyond what was originally cable to the system, and for other purposes’’ (16 (vii) the socioeconomic impacts of any des- envisioned, and far beyond what can be U.S.C. 1a–1 and following) is amended as fol- ignation; afforded. In the words of GAO at our lows: (viii) the level of local and general public sup- joint hearing with the Senate last (1) By inserting ‘‘GENERAL AUTHORITY.—’’ port, and spring, the ‘‘NPS is at a crossroads.’’ (ix) whether the area is of appropriate con- after ‘‘(a)’’. We can either continue down the (2) By striking the second through the sixth figuration to ensure long-term resource protec- sentences of subsection (a). tion and visitor use; path of designating questionable areas (3) By redesignating the last two sentences of ‘‘(B) shall consider whether direct National we cannot afford, or we can choose an- subsection (a) as subsection (f) and inserting in Park Service management or alternative protec- other course. This bill by Mr. HEFLEY the first of such sentences before the words ‘‘For tion by other public agencies or the private sec- helps us to choose another course. the purposes of carrying’’ the following: ‘‘(f) tor is appropriate for the area; First, and most importantly, the bill AUTHORIZATION OF APPROPRIATIONS.—’’. ‘‘(C) shall identify what alternative or com- requires the NPS to develop a plan for (4) By striking subsection (b). bination of alternatives would in the profes- where it should go. Should we include (5) By inserting the following after subsection sional judgment of the Director of the National (a): Park Service be most effective and efficient in urban beaches in the National Park ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI- protecting significant resources and providing System. What about outdoor perform- TION.—(1) At the beginning of each calendar for public enjoyment; and ing arts amphitheaters? What about year, along with the annual budget submission, ‘‘(D) may include any other information historic re-creations? All these ques- the Secretary shall submit to the Committee on which the Secretary deems to be relevant. tions need to be asked and answered. Resources of the House of Representatives and ‘‘(4) Each study shall be completed in compli- Through this bill, those answers will be to the Committee on Energy and Natural Re- ance with the National Environmental Policy forthcoming. sources of the United States Senate a list of Act of 1969. Second, we must have a process to areas recommended for study for potential in- ‘‘(5) The letter transmitting each completed clusion in the National Park System. study to Congress shall contain a recommenda- ensure that only the best areas get ‘‘(2) In developing the list to be submitted tion regarding the Secretary’s preferred manage- added to the park system in the future. under this subsection, the Secretary shall give ment option for the area. We cannot go forward adding every new consideration to those areas that have the great- ‘‘(d) NEW AREA STUDY OFFICE.—The Sec- proposal in sight, just because a Mem- est potential to meet the established criteria of retary shall establish a single office to be as- ber or interest group has a particular national significance, suitability, and feasibil- signed to prepare all new area studies and to desire. We must have better screening ity. The Secretary shall give special consider- implement other functions of this section. criteria and a prioritization of areas to ation to themes, sites, and resources not already ‘‘(e) LIST OF AREAS.—At the beginning of each be added to the park system. adequately represented in the National Park calendar year, along with the annual budget System as identified in the National Park Sys- submission, the Secretary shall submit to the Finally, we must look at where we tem Plan to be developed under section 101 of Committee on Resources of the House of Rep- have been, and what is included in the the National Park System Reform Act of 1995. resentatives and to the Committee on Energy existing park system. Anyone who has ‘‘(3) No study of the potential of an area for and Natural Resources of the United States Sen- looked at the park system for very inclusion in the National Park System may be ate a list of areas which have been previously long has a list of questionable sites in initiated after the date of enactment of this sub- studied which contain primarily historical re- his/her pocket. Two weeks after the ad- section, except as provided by specific author- sources, and a list of areas which have been pre- ministration testified against this bill, ization of an Act of Congress. viously studied which contain primarily natural Secretary Babbitt stated his intention ‘‘(4) Nothing in this Act shall limit the au- resources, in numerical order of priority for ad- thority of the National Park Service to conduct dition to the National Park System. In develop- to transfer three NPS areas to the preliminary resource assessments, gather data ing the lists, the Secretary should consider States of Virginia and Maryland. Con- on potential study areas, provide technical and threats to resource values, cost escalation fac- gress has no way to know what other planning assistance, prepare or process nomina- tors, and other factors listed in subsection (c) of areas are on Secretary Babbitt’s park H 9086 CONGRESSIONAL RECORD — HOUSE September 18, 1995 closure list, but we cannot go around of the Earth; the Izaak Walton League Contrary to what some might be- arbitrarily listing parks to be closed. of America; the Wilderness Society; lieve, it is not easy to get an area des- Rather, there should be an objective, the National Parks and Conservation ignated as a unit of the National Park public process to review our existing Association. System and should not be easy to re- park system. That is precisely what Let me also state, Secretary move them from the system as well. this bill provides. Babbitt’s name has been invoked, the Those who think the authorization is a I point out that this bill does not Clinton administration strongly op- panacea for whatever ails the National close a single park, either directly or poses H.R. 260, unless amended to de- Park System are wrong. indirectly. It will lead to a possible list lete provisions that deal with a closure We could deauthorize all the 30-plus of park areas where future Federal in- commission. units designated since 1980, yet we volvement should be re-examined in Mr. Speaker, this is a bad bill, but would save less than 2 percent of the the minds of objective observers. From what is worse, it is here under suspen- national parks budget, annual oper- there, Congress would be free to act, sion. Why is there a railroading of this ation and maintenance budget. just as we have deauthorized parks 24 bill? Why in subcommittee, as the Mr. Speaker, I am concerned that times in the last 100 years. However, ranking member of the Subcommittee this legislation relies too heavily on a actions taken would be on the basis of on National Parks, Forests and Lands, park closure commission which would solid information. was I not allowed to proceed with an have the authority to recommend the While it is true that parks could be amendment, an alternative, that said closure of any unit in the National reviewed on a piecemeal basis, such an basically there are other ways to fi- Park System, with the exception of the approach would be subject to the same nance the national parks? Let us look 54 national parks. The Statue of Lib- political pressures which have resulted at a trust, let us look at concessions or erty, Independence Hall, the Washing- in the addition of the questionable let us look at fees. Let us look at bet- ton Monument are all national monu- areas to the park system in the first ter ways to manage the parks. ments and would be subject to consid- place. But what we are doing here is a parks eration for closure or privatization The most enlightening and disturb- closure commission. My good friend, under the provisions of the bill. ing aspect of the debate over this bill the gentleman from Utah [Mr. HAN- Mr. Speaker, what makes these sites has been how the interest groups have SEN], the chairman of the subcommit- any less worthy than Yellowstone or lined up. The bill is supported on a bi- tee, has been quoted that he would like Grand Canyon National Park? National partisan basis by members from the to see 150 parks closed in his own news- park units are not at all like military Resources Committee who routinely paper. bases. We do not need a closure com- Mr. HANSEN. Mr. Speaker, will the receive a ‘‘0’’ from the League of Con- mission that could only justify its ex- gentleman yield? servation Voters and by Members who Mr. RICHARDSON. I yield to the istence by recommending park clo- score in the 90’s. It is supported by gentleman from Utah. sures. both Republican and Democratically- Mr. HANSEN. Mr. Speaker, that was If there is any question as to the appointed Directors of the NPS. It is a quote that came out of the Elko marching orders of the commission, supported by employees of the agency, paper, and the Elko paper wrote a re- one only needs to look at the Repub- as represented by the largest employee traction of that saying that they never lican budget resolution that was adopt- organization, the Association of Na- heard that before and they were sorry ed: A 10-percent cut in NPS operating tional Park Rangers. Finally, it is sup- they brought that up. So, that retrac- funds, a 5-year land acquisition mora- ported by the National Trust for His- tion was in there and any Member torium, and a 50-percent cut in NPS toric Preservation. would be a fool to make a statement construction. Is there any doubt what It is opposed only by the extreme en- like that, and I hope I do not fall in this commission is supposed to vironmental groups and those who that category. produce? carry their banner. It is ironic to me Mr. RICHARDSON. Mr. Speaker, re- Mr. Speaker, there are not quick that those who claim to be such friends claiming my time, I accept what the fixes to find out how we improve the of the parks have put their personal po- gentleman just said. management of the parks. All I am litical and financial gain ahead of the Mr. HANSEN. Mr. Speaker, I would saying is let us send this bill back to well-being of the parks. be happy to submit it for the RECORD. the Committee on Rules where there I have no grand illusions that we will Mr. RICHARDSON. Mr. Speaker, would be an opportunity to debate an solve the financial woes of the National again, reclaiming my time, I am alternative that I have. I only want Park Service through this bill, but we quoting many publications and I am one amendment, 10 minutes, 3 minutes, will help protect the integrity of the simply stating that what we are doing that says there is a better way than a park system. After all, the agency as a in this bill is we are setting up a proc- closure commission; that this is far too whole will be judged by its most ques- ess that is similar to a military base drastic. tionable area, which is the only stand- closing commission. Mr. Speaker, I reserve the balance of ard against which any new potential Mr. Speaker, what we are doing is, my time. addition to the park system must be along with the cuts on the national Mr. HANSEN. Mr. Speaker, I yield judged. parks, and the cuts are substantial in such time as he may consume to the I commend this bill to my colleagues the national parks budget, 36 percent gentleman from Colorado [Mr. and I know that those who support our cut by the year 2002, would be achieved HEFLEY], the author of the legislation. park system, will support this impor- by closing 200 smallest and least-vis- Mr. HEFLEY. Mr. Speaker, I am tant legislation. ited national parks, or by cutting the pleased that we are able to bring this Mr. Speaker, I reserve the balance of budget of all parks by amounts which bipartisan measure, the National Park my time. render them less safe, the Congress will System Reform Act, to the floor of the Mr. RICHARDSON. Mr. Speaker, I have indirectly and quietly achieved House today. yield myself such time as I may what some are attempting to do with a Mr. Speaker, in the past few months consume. parks closing commission. Mr. Speak- I have heard this bill called many (Mr. RICHARDSON asked and was er, this is by the Department of the In- things and blamed for many others. given permission to revise and extend terior. Most of these, as well as what we have his remarks.) Mr. Speaker, no one is calling us or just heard on the floor, simply are not Mr. RICHARDSON. Mr. Speaker, saying that we have too many parks. accurate. make no mistake about it, this is a On the contrary, the American people This is not a park-closing bill. This is parks-closure bill. And this is why I am love and support our national parks. not a base-closing commission. In fact, going to read a series of national envi- That is why many of us are deeply the gentleman from New Mexico [Mr. ronmental groups that are opposing troubled by this bill. This is a parks RICHARDSON], I think, is arguing this bill: The Defenders of Wildlife; the closure bill, basically, with some view- against the bill which is simply not be- American Hiking Society; the Sierra ing it as means to close parks they be- fore us on the floor of the House today. Club Legal Defense Fund; the Friends lieve are nonessential. Maybe it was a concept somewhere September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9087 back in the history of this legislation, units, then submit these priorities to position to the manner in which this but it simply is not something that is Congress with the annual budget re- controversial measure is being brought before us, after many months of work- quest until action is taken. before the House. ing with the gentleman from California Further, the bill centralizes planning H.R. 260 would set up a mechanism [Mr. MILLER] and the gentleman from for new units at Park Service head- for restructuring portions of the Na- Minnesota [Mr. VENTO] in trying to quarters. If this is to be a system of na- tional Park System and includes provi- massage this bill and make it be some- tionally significant places, then there sions that would allow an Interior Sec- thing that we could all be very proud should be a coordinated effort to iden- retary or an unelected commission to of. tify such places. recommend the closure of units of the Mr. Speaker, it is simply not the bill Let me tell you what H.R. 260 does Park System. that the gentleman from New Mexico not do. H.R. 260 does not mandate the I oppose H.R. 260 for a number of rea- describes. H.R. 260 is a balanced policy closure of any parks. Indeed, the Na- sons, but primarily because I disagree initiative that will set the stage for fu- tion’s 54 national parks were exempted. with a fundamental premise of the bill. ture, reasoned debate on park reform. There were those who were saying we H.R. 260 rests upon the presumption The bill directs the Park Service to were going to close Yellowstone, close that the Park System is overextended take 1 year to develop both a mission Grand Canyon. Of course, not. Those and that the only way to help the sys- statement and a set of criteria for in- are going to stand up to any scrutiny, tem is to restructure and strategically clusion within the Park System. as I think most units of the Park Sys- downsize it. Following Congress’ approval, the tem will. We just took those out. That Restructuring and downsizing are Park Service would then take that cri- will not even be a question. H.R. 260 terms we often hear these days in Con- teria, remember that, following Con- does not create an independent com- gress, but we are not talking about gress’ approval, the Park Service would mission selling off parks to the highest military bases here. What we are debating is the fate of take that criteria, hold it up against bidder. The commission can act alone one of our Nation’s greatest treasures. the existing Park System, see what is only if Interior ignores the will of Con- This is cultural, historical, and natural there, what is not there, and possibly gress. Even then it would be assisted in resource preservation we are talking on some rare cases what does not be- its review by the Park Service and about. long there. even then any action on its findings As Mr. RICHARDSON said in his dis- Mr. Speaker, if those rare cases would be left to Congress, which cre- ated the parks in the first place. senting views on H.R. 260, no one out- occur, the Park Service would study al- side the beltway is calling or writing to ternative forms of management which It would not mean the end of urban or Alaskan parks, as has been charged. say we have too many parks. In fact, would range from transfer to other the contrary is true in my State. I government agencies or levels of gov- It is not an outgrowth of the wise-use movement in the West. It has nothing have constituents and elected officials ernment or to other interested parties. to do with the cutbacks in budget or writing me all the time to try to get Only if those prospective managers new areas designated as parks or ref- could guarantee preservation of the re- appropriations, real or imagined. The gentleman from Minnesota [Mr. uges or to get existing parks expanded. source which made the site significant VENTO] and I have worked on this bill And despite the rhetoric we hear in in the first place, could any transfer now for almost 2 years. Last year we this body, it is not easy to get that take place. passed its 1994 counterpart by a record done; it takes years of work. So, we are not closing parks with vote of 421 to zero. This, I think, is a Of course, even if we except the this bill. In fact, we are not making it better bill. We have sat down with premise that we need to trim the Park easy to close parks with this bill. After more people since then. We have 42 or System, the deck has already been 3 years of study, the Park Service will so environmental groups we sat down stacked in favor of some units and turn its findings over to an independ- with and tried to take their concerns against others. The legislation exempts ent review commission. During the into account as we tried to develop this from consideration for termination 54— next 18 months, the review commission bill. I think it is a better bill now. mainly Western—national parks. And would look over the Park Service’s rec- Yet, H.R. 260 appears to have become what was the scientific policy basis for ommendations and receive additional a lightning rod for every fear about leaving these parks out? I do not know. public comment on them, before pass- Park Service matters voiced against If this is a fair process this bill is es- ing those recommendations along to this Congress. I hope the membership tablishing, and these parks are so supe- Congress. will push aside the perceptions that rior, would those parks not be pro- Mr. Speaker, if the Park Service does have been advanced by a number of tected anyway? the kind of job we expect it to, then special interest groups and, instead, Why aren’t important parks like the the commission will serve as little support the reality embodied in H.R. Statue of Liberty, Independence Hall, more than a rubber stamp to its find- 260. It is a good bill. It is one which and the Washington Monument pro- ings. But, if it becomes clear after 1 will keep our national parks the envy tected from scrutiny? Why aren’t Gate- year that the Park Service has no in- of the world. way and Sandy Hook—which is in my tention of carrying out the review out- I urge support for this bill. district—protected? Perhaps it is be- lined in this act, then the review com- Mr. RICHARDSON. Mr. Speaker, I cause these are urban units which, in mission may undertake to review on yield myself such time as I may addition to being significant cultural, its own. consume. historical, and natural areas, provide In this way, the commission may Mr. Speaker, let me disabuse the gen- education and recreation to lower in- serve as a hammer over the Park Serv- tleman and everyone that is listening come people who cannot afford to trav- ice, or its peer reviewer. The choice is of one fact. This is not the same bill el to Colorado or California to take ad- up to the Park Service. that passed last year which contained vantage of the Park System their tax Mr. Speaker, whatever the findings of all of our votes. There is a huge dif- dollars support. Or maybe it is merely this review, it is up to Congress to act ference. because some in this body have a very upon them in whole or in part or not at This is a bill that has as the primary narrow and elitist view of the Park all. This is no base-closing bill. There source the park closure commission. System. is nothing in it that says, ‘‘Take it or The past bill had a backup. First, the Now, I know that supporters of this leave it all,’’ about the review in H.R. Park Service made their determina- bill will say it is not a closure bill; that 260. tions. Then you had the park closure it is not a BRAC for the parks. But I Title II of the bill tightens the cri- commission. That is the difference. would just like to draw my colleagues’ teria for admission of new units into There is a huge difference. attention to a bill that those same peo- the Park System. Mr. Speaker, I yield 51⁄2 minutes to ple supported last Congress, H.R. 1508. the gentleman from New Jersey [Mr. Section 105 of that bill, sponsored by b 1645 PALLONE], a member of the committee. Mr. HEFLEY, was entitled ‘‘Termi- It directs the Interior Secretary to Mr. PALLONE. Mr. Speaker, I rise in nation of National Park Service man- develop a priority system for new opposition to H.R. 260. I also rise in op- agement at nonessential National Park H 9088 CONGRESSIONAL RECORD — HOUSE September 18, 1995 System areas.’’ Now today’s bill may to commend the gentleman from Utah is a change in the Congress. I am here be a so-called compromise bill, but it is [Mr. HANSEN], the chairman of the sub- because I do not have a horse in the clear what the intent is behind it. I am committee, and the principal sponsor, race. It is not one of my parks that is now a member of the Resources Com- the gentleman from Colorado [Mr. affected. I am here because I think this mittee—and I have watched some of HEFLEY], for their work on this. is good policy. I think the Members of my colleagues on that committee op- Actually, this product is a product of this body ought to vote for it. I am pose parkland acquisition even though the 103d Congress in many respects. here because I just think this is good it was proposed by a Republican mem- As was indicated, we hammered this policy. This is where we ought to go. ber. I have even seen ‘‘Dear Colleague’’ proposal out last year. It passed on What are we afraid of in this bill? We letters and a newspaper op-ed entitled Suspension Calendar. It was considered do not want the Park Service to study ‘‘Do We Need All These Parks?’’ where on suspension. It was basically a meas- the park units? Can we not trust the a park in my district is singled out. ure that is noncontroversial. It is not Park Service? If we can trust it to run But those same people seem to be say- identical to the bill, but most of the these units, should we not be trusting ing ‘‘trust us, we really don’t want to major elements are the same, and the them to do the study? get rid of the park system.’’ I am sorry, proposal and the agreement that was We are asking the professionals first but I just cannot take that on faith. made then really holds true in terms of and foremost to do it and report back I could go on about my objections to my work on this measure. to us. We are asking the commission to this legislation, but I want to talk a This is a necessary piece of legisla- be there to make certain and somehow bit about the way in which this bill is tion. This really provides a formal have an independent voice to also re- being considered. On June 12, BILL process for the establishment of a cri- port to us. You have got to trust the RICHARDSON, the ranking Democrat on teria, criteria which do not exist today Congress. the National Parks Subcommittee— with regard to the national parks. We I think Members of this body and the which has jurisdiction over this legisla- need the Park Service to establish that Senate can be trusted to designate and tion—sent a ‘‘Dear Colleague’’ letter to type of criteria. take responsible actions with regard to each and every Member of the House. Furthermore, it establishes, in order this. That is really where it is at. If we In that letter he said that he opposed to be certain that the Park Service it- do not want to today, that action could H.R. 260. But more importantly he said self will go through the process of this take place without any commission, establishment of criteria, and once sub- the following: ‘‘When the House consid- without any study, without any consid- mitted, Congress then has to ratify it. ers H.R. 260, I will offer amendments eration. Is that what the opponents of Beyond that, it suggests the Park * * * .’’ I told the ranking subcommit- this bill would like to see, no review, Service then take the criteria that it tee member that I supported him and no consideration in process? I do not develops and review almost all the that I, too, might want to offer amend- think so. parks. ments. Other Members did the same. I think this bill provides good proc- Obviously, there are 50 of the out- Then, on Friday of last week, I found ess, good review. It is a rational, rea- out that the National Park System Re- standing parks not included. In es- sence, I do not think anyone questions soned way to reinvent and deal with form Act was coming before the House the problems facing the National Park under suspension of the rules—a format the review of that would probably not be a good use of resources. That is the Service in this year and which I have that would prohibit all of us from offer- worked on for 20 years that I have been ing the amendments we said we wanted basis to me of the workload here, some- what more realistic here in terms of in this body. considered. I did not believe it. I actu- Mr. Speaker, I rise in support of H.R. 260, ally asked my staff to call the Demo- how we march forward. Once that has been accomplished, the National Park System Reform Act of 1995. cratic Cloakroom to make sure this This legislation, which I have cosponsored, is was actually H.R. 260 we were bringing they go through review of the 300 or so parks. They report back to the Con- similar to a proposal considered and approved up. You see, I was under the impression by the House of Representatives during the that the Suspension Calendar is only gress and report of the commission. We establish commissions in the Con- 103d Congress under the Suspension Cal- for noncontroversial items, not legisla- endar. tion that is opposed by the National gress often, often, I think, without careful thought. But in this case, the Mr. Speaker, for a decade, I had the privi- Parks and Conservation Association. It lege and the pleasure to chair the House sub- is not for legislation that is so con- commission has been very carefully constructed. It is a commission that committee with jurisdiction over national park troversial that the Secretary of the In- policy. I am very concerned about the state of terior came all the way to my district has a certain amount of independence, our national parks and well understand the to tell me and my constituents that he but they have no independent author- need to move forward, this Congress, impor- opposed it. And it is certainly not ity to act on removing designation tant park reform, review, and reinvention pol- meant for legislation that is opposed from any park. In fact, the power to icy. Park review and reform legislation is rea- by the ranking member of the sub- designate parks resides in the Congress soned, rational, and in the public interest. This committee of jurisdiction. today, and once this legislation were to Yet here we are. We have not sus- be passed in the form it is before us measure is an effective policy not random, ar- pended the rules, what we have sus- today, that authority to designate or bitrary action; it is a good public policy. pended is the right of my constituents remove designation would continue to The National Park Service [NPS] is charged and others to dissent. reside in the Congress. with the management of the Nation's most im- Maybe you do not agree with my I find, obviously, some of the hyper- portant natural, cultural, and historical re- point of view on the bill’s substance. Or bole and paranoia that has crept into sources. These areas are known throughout maybe you do. However, I hope that this debate very curious. There has the world for their natural qualities, scenic you support the rights of myself, my been a tendency for the advocates and beauty, and historical significance. Each year, friend from New Mexico, and others opponents of this bill to overstate the the areas which make up the National Park who want to offer amendments to this case. There should be no mistake about System are visited by over 260 million people, bill. mistaking this bill. This bill is the and this number continues to grow. I urge my colleagues to vote for the same bill supported by the administra- It is our obligation to ensure that only out- Park System and for the Democratic tion in the 103d Congress. It was sup- standing resources are included in our Na- system by voting ‘‘no’’ on this legisla- ported by the Park Service, which tional Park System and that parks currently in tion. helped craft and write this legislation the system are managed effectively. This con- Mr. RICHARDSON. Mr. Speaker, I in the 103d Congress. It was supported cern, shared by my colleagues on both sides yield 3 minutes to the gentleman from by the conservation groups. It was sup- of the aisle, the administration, and the Amer- Minnesota [Mr. VENTO]. ported by Democrats and Republicans. ican people, enabled the House to unani- Mr. HANSEN. Mr. Speaker, I yield 1 That is why it passed on the floor on mously pass, on the Suspension Calendar and minute to the gentleman from Min- suspension by 421 votes in favor, with without dissent, the National Park Service Re- nesota [Mr. VENTO]. none against it. form Act in the past Congress. Mr. VENTO. Mr. Speaker, I rise in It, in essence, is the same bill. What This legislation was a product of com- strong support to H.R. 260, and I want has changed this year obviously, there promise involving the current administration, September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9089 the National Park Service, environmental some unusual precedent and in reality will phy which is expressed in this bill groups, and Members of Congress, both serve as leverage on the NPS and Congress which indicates that we have too many Democrats and Republicans. to take this task more seriously. parks and we ought to be closing them It was with this spirit and support that I Finally, this is not and should not be a base down. joined my colleagues Mr. HEFLEY and Mr. realignment and closure commission as was We need more recreational oppor- HANSEN, in re-introducing a National Park established within the Department of Defense. tunity in this country, if anything. We Service reform bill in the 104th Congress. That The responsibilities are defined; the authority need greater recognition of our na- is the legislation pending before us. limited and the sunset of the commission is tional heritage, if anything. We need a Unfortunately, we now have a perception certain. Its policy path is clearÐto report its better understanding on the part of our problem that has injected controversy anew. recommendations to the Congress for our con- citizenry, particularly our younger What was once a unanimously supported re- sideration. people, with regard to our national and form bill has now been dubbed by some as a This measure is a good bill and responds to ecological heritage, which is enshrined ``Park Closure'' bill. In my judgment, both the the reasoned criticisms and questions raised in the system of our national parks. advocates and opponents have been guilty of beyond the version the House acted upon last So, Mr. Speaker, I think that this fanning the flames and generating misunder- year. As for the hyperbole and paranoia that bill, in spite of the fact that it does standing and controversy where none need have dogged H.R. 260, I would hope that some things that are good, takes us in- exist. Perception for some has been conjured Members will deal with the tangible today not evitably in the wrong direction. The up as reality. When all else fails, the admoni- the surreal. idea that we have too many parks is tion should be to read the legislation. Mr. RICHARDSON. Mr. Speaker, I wrong; the idea that we should be clos- A close review and literal reading of the pro- yield 3 minutes to the gentleman from ing some of them down, in my opinion, posed law shows that the apprehension that New York [Mr. HINCHEY]. is misguided. What we ought to be was raised is not justified. H.R. 260 remains Mr. HINCHEY. Mr. Speaker, in spite doing is spending more, not less, on our very consistent with the legislation considered of the great respect and admiration I National Park System, raising it up, in the last Congress. The NPS sets criteria, have for the sponsors of this bill, I find making it be what it ought be in the Congress approves the criteria, the NPS stud- that, nevertheless, I feel strong opposi- minds of the American people, the ies a reduced number of parks, conveys this tion to it. greatest expression in many ways of to the Congress and an appointed commission I think that there are aspects of the our national and historical heritage. within 3 years. The commission reviews and bill which do make a constructive con- Mr. RICHARDSON. Mr. Speaker, I reports to Congress. Congress and only Con- tribution. First of all, a comprehensive yield 2 minutes to the gentleman from gress has the responsibility to remove parks review by the Secretary of the Depart- California [Mr. MILLER]. from the National Park System. The respon- ment of Interior, I think, is construc- Mr. HANSEN. Mr. Speaker, I yield 1 sibility comes back to Congress under this tive, and would be helpful. minute to the gentleman from Califor- proposal and under current law. But the underlying philosophy of this nia [Mr. MILLER]. There are many issues before this Congress bill is what I find so troubling about it. The SPEAKER pro tempore (Mr. where significant differences in philosophy It seems to suggest that we have too FOLEY). The gentleman from California have made for some heated debates and will many parks and that we ought to de- [Mr. MILLER] is recognized for 3 min- continue to do so. I suggest that we hold back authorize units of the National Park utes. on our desire to draw the lines in the sand System and, furthermore, I believe the Mr. MILLER of California. Mr. over this park review and reform issue and sentiments in this bill, as they are ex- Speaker, I would hope that the Mem- that we save our passion for those debates in pressed in the language here, would bers would focus on this legislation. which there is true disagreement on issues of tend to focus attention on those parks This is not a park closing bill, and this which there seems to be no shortage. and national resources which tend to is not the bill that passed last year. Certainly, National Park Service reform is be in the urban areas, which tend to be What this is, is a very, very good piece especially needed in an era of fiscal constraint in those parts of the country where of legislation to allow us to deal with and large demands on the existing Park Sys- they get the most use and the most at- some of the problem that exist within tem. We still have the opportunity to enact a tention, which tend to be used by those the national parks of this country. Let forward looking bill. I do not agree with those people who are least likely to travel to us not pretend that the process by who think that our National Park System is some of the national parks in the west- which all of the units and all of the ob- complete and that nothing else should be ern part of our country. ligations and all of the duties were added, or worse still, that we should begin given to the National Park Service was b 1700 closing parks just to save money. However, I a pure process that nobody can ques- hope that all of us can agree that effective Why are we doing this? Are we spend- tion or raise issue with, because the management of our National Park System will ing too much money on our National fact is, we know that this Park Service benefit us all. While today the National Park Park System? I do not think so. The and its resources have been assaulted Service is judged by the crown jewels, there is National Park System, which is one of from time to time by this Congress in an increasing tendency to highlight only the the most treasured possessions of this the middle of the night in a conference rhinestones in the systemÐsome of which are country, takes up less than one-tenth committee without hearings, without as costly or even more costly than the crown of 1 percent of the national budget. It jurisdiction, but based upon the indi- jewels of our national parks. is a very small portion of what we vidual power of a Senator here or a The issue of effective park management is spend nationally. Congressman here, or what have you. not a simple one and narrow-minded solutions Is it true that the National Park We ought to now reexamine the oper- are inappropriate when considering the reform Service does not get enough funding? ations of this most valuable, valuable of our precious natural, cultural, and historic Yes, unquestionably, it is. But that is a agency of the Federal Government. resources. failure of ourselves, it is a failure of This is not to pass judgment whether The National Park System needs the ability this Congress. The Congress ought to there should be more or less parks. to expand in order to reflect the progression of realize the value of the National Park This is about making sure that we are history and to respond to a rapidly growing Service and apportion to it a greater using the resources to the best extent population. At the same time, efficient man- portion of the Federal budget. The Na- that we can, that we can assure the agement and strategic planning will achieve tional Park Service has been starved people of this country that we are savings as will the consideration of alternative for funds, and this particular budget doing all that we can to maintain and management plans for parks that do not meet that is before us this year goes on to do improve the parks that we have, and to the criteria guidelines outlined in the bill. This that in an even greater degree than has maintain the standards for the cre- bill can accomplish such goals. been done in the past. ation of those parks, and that we are As for the commission enacted in this meas- Construction is cut by 50 percent. Op- making the best utilization we can out ure, the NPS has had numerous standing and erating funds are cut by 10 percent. of the resources of the National Park shorter term commissions and while we That is wrong. It is the wrong direction Service. Nobody in this body can stand should proceed carefully and curtail the profu- in which we should be going, and it before the American public and say sion of commissions this initiative is hardly mitigates toward the kind of philoso- that is the situation today, and if we H 9090 CONGRESSIONAL RECORD — HOUSE September 18, 1995 cannot say that, then we ought to put not the park closing bill, that they to. These are national parks. We are into motion a process by which we can would have the opportunity to take 54 talking about those that are des- review that. spectacular parks, and I agree with the ignated national parks in law, by the Because of the contributions of the gentleman from New Jersey, it is kind Congress; we designated them national gentleman from Colorado [Mr. of in the eye of the beholder, but I do parks. So the issue is in terms of 368 HEFLEY], the gentleman from Utah not think that people have found what units. In other words, there are dif- [Mr. HANSEN], the gentleman from Min- we are looking at. ferent designations and you have to nesota [Mr. VENTO], and even the gen- The gentleman from Colorado [Mr. pay attention when they are talking tleman from New Mexico [Mr. RICHARD- HEFLEY] said, ‘‘What bills are in front about using resources wisely. If in fact SON], this legislation in fact does that. of us?’’ It is like Chairman Seiberling something is meritorious and should be It lets us look at the system. when he was with us used to say, designated a national park, then you This is the rational way to go about ‘‘When all else fails, read the legisla- should do it. It is not a unit of the Na- reforming or reorganizing or tion.’’ tional Park System, these are actually reinventing, whichever term you are The only place that refers to the designated. So there is a difference in comfortable with, because it lets the fears that have been brought up by our designation, a difference in where you front-line agencies, the Secretary of friends is on page 13, starting on line 12 want to concentrate your resources. the Interior and the Park Service, that says: ‘‘Nothing in this act shall be That is why pulling them out makes make some determinations, and we all construed as modifying or terminating sense in terms of dollars and in terms know that privately they come to us. any unit of the National Park System of what is going out. Whether they are rangers in the West without a subsequent act of Congress.’’ Mr. RICHARDSON. Mr. Speaker, will or they are in the seashores in the East Mr. COLEMAN. Mr. Speaker, if the the gentleman yield for a question? or in the Gulf, they come to us pri- gentleman will continue to yield, I Mr. HANSEN. I yield to the gen- vately and tell us, this is not working would just ask the gentleman, I mean I tleman from New Mexico. terribly well, Mr. Speaker. agree, I read that. I saw that. But Mr. RICHARDSON. Mr. Speaker, if There is another way to do this. We again, I am surprised as to why we did the gentleman would please answer me, ought to know that. They ought to be not put Yosemite on that list. I mean, why not allow an alternative to finance able to bring that forward and then I guess that is what you suggested. the parks that involves concessions have the citizens commission screen Mr. HANSEN. Mr. Speaker, I yield fees, and please address the point that that process, screen that process so such time as he may consume to the this is not the same bill as we passed that there is input from affected par- gentleman from Colorado [Mr. last year. This is a much stronger parks bill. ties, from localities, because all of us HEFLEY], a sponsor of the bill, who pos- Mr. HANSEN. Mr. Speaker, reclaim- know that all of these parks have dif- sibly has a better answer on that. ing my time, let me quickly respond. ferent importance to different commu- Mr. HEFLEY. Mr. Speaker, the gen- The gentleman realizes and knows that nities and States and local jurisdic- tleman answered the question very the park committee has in front of it a well. They were all on the list when we tions. Some of them are huge engines park fee bill right now. We love our first started out. But there were many of economic activity. Some of them are parks. We want to take care of our groups out there that were trying to huge engines of activity, but you do parks. We have to get more money in pick this as some kind of a closure bill not have the economics to take care of our parks, and we have a bill that we and were saying, well, they are going it. Some of them, quite simply, nobody think would take care of it. It is not to close Yellowstone or Yosemite or knows why they are there, except that included in this bill, but we have one Grand Canyon, and in order to allevi- somebody got it done in the legislative that I would hope we would have the ate those fears, those are national process. support of the House and the Senate Mr. Speaker, this is a process that is parks. They are the highest level of when we are able to bring it forth. reasoned out, that has protections in recognition that you can have in our Mr. Speaker, I reserve the balance of it, that is very thoughtful, and does parks system. They have undergone my time. not mandate that any action take the scrutiny of the ages. They are not Mr. RICHARDSON. Mr. Speaker, I place, but it puts us in a position that going to be closed, there is no question yield myself the remainder of my time. at one point we can stand before our about that. So we thought in order to The SPEAKER pro tempore. The gen- constituents and say that this is the alleviate that fear and concern, we just tleman from New Mexico is recognized best run agency, the best use of re- took them off. for 1 minute. sources of the National Park Service. Mr. COLEMAN. Mr. Speaker, if the (Mr. RICHARDSON asked and was Mr. Speaker, I urge support of the gentleman will continue to yield, I given permission to revise and extend bill. guess what the gentleman from Colo- his remarks.) Mr. COLEMAN. Mr. Speaker, will the rado just said hits right home in the Mr. RICHARDSON. Mr. Speaker, this gentleman yield? Southwestern part of the United is a parks closure bill and we should Mr. HANSEN. I yield to the gen- States. I mean I think that what you vote ‘‘no’’ so that it can go back to tleman from Texas. are doing is creating the same kind of rules and there can be proper debate. Mr. COLEMAN. Mr. Speaker, I may fear. A lot of this is in my district, but The League of Conservation Voters has have missed some of the debate earlier a lot in the Southwest think exactly just issued a statement opposing this that went on on this legislation, and I the same of the national monument in bill signed by the major environmental was watching this in my office, and I the same context as we do of Yosemite organizations. I want my colleagues in came over because I happen to agree that somebody else may think looks the CONGRESSIONAL RECORD tomorrow with a lot of what has been said by the prettier. Like you said, it is in the eye to read the national park units, the proponents of this legislation. of the beholder. smaller ones, that might be at risk in I guess the only question I had is, Mr. Speaker, we should have listed their congressional districts if this bill with respect to all of the review that all of them, if this is a true process, passes. would go on on all of the parks, I guess one that is going to be fair and open, Mr. Speaker, this is a bad bill, it cre- all of the monuments, all of the var- and I think it is a mistake for us to ates a Parks Closure Commission, it ious facilities that are run and oper- pass legislation that is not fair. weakens our authority, it says to the ated by the Park Service, why are not Mr. HANSEN. Mr. Speaker, I yield National Park System, the park rang- all of them on the list? Is there a rea- such time as he may consume to the ers, your views are not important, and son that we left some of them off? gentleman from Minnesota [Mr. it puts a lot of national monuments Mr. HANSEN. Mr. Speaker, reclaim- VENTO]. like Mount Rushmore, Lincoln, Jeffer- ing my time, originally we looked at Mr. VENTO. Mr. Speaker, I thank son, at risk. This is a railroad process. all of them and then we figured that the gentleman for yielding me this Let us go back to committee, allow for possibly it would be smart to alleviate time. alternatives. the fears of a lot of people, because we Mr. Speaker, I think the distinction This is why the Clinton administra- tried to convince them that this was here is one you ought to pay attention tion is against this bill. Every major September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9091 environmental organization is against country’s remarkably diverse landscape. But it has little to do with railroad history, or this bill, and hopefully, the House of that record apparently isn’t good enough to any other kind. And the park system has Representatives tomorrow will vote a save the national parks from the GOP budget some questionable elements: the Santa resounding ‘‘no’’ that we should do this ax. Monica Mountains National Recreation Area The Republican budget resolution would is a city park and Wolf Trap in Virginia is bill right. make excessive cutbacks in the National really a venue for concerts. Mr. Speaker, I include the following Park Service. This year’s budget of $1.42 bil- But this country needs more national park material for the RECORD. lion, already drastically insufficient to space, not less, and it needs to do a much [From the Salt Lake Tribune, May 6, 1995] maintain the system properly, would be better job of maintaining and improving DON’T CLOSE THE PARKS sliced to $1.12 billion in 1996, a 21 percent re- what it has. That, of course, creates a siz- Generally, people want to enter a national duction. By the magic date of 2002, the year zling conflict between two American values: park; they want to leave a military base. In- of the balanced budget, the Park Service a love for parks and a passion for cutting deed, there is little that the two have in would be down 36 percent from today. At the federal spending. common, other than that they are both fed- same time, visits to national parks are ex- There’s a bottom line here that is not to- erally owned. Yet there is inexplicable senti- pected to grow from an estimated 270 million tally about the bottom line. Yes, the na- ment in Congress for providing a common this year to 300 million in the next five tional parks should be run efficiently. Yes, element to both—a closure commission. years. It doesn’t take much of imagination users should pay more. But the parks are A bill known as HR 260, which has already to figure out that something has to give. priceless public places—for preservation, passed Utah Rep. Jim Hansen’s subcommit- The victim could be the parks themselves. education and recreation for all Americans. tee and is due up before the full House Re- A bill in Congress, H.R. 260, would dismantle If it costs more money to protect and expand sources Committee this month. Proposes the the national park system. It would set up a them, it’s a worthy investment in America’s formation of a Park System Review Commis- commission, along the lines of the commis- spectacular natural and historical heritage. sion. It would do for national park units sion on base closures, to determine which what the Base Realignment and Closure parks should be closed—and presumably sold [From the Las Vegas Sun, Aug. 27, 1995] Commission has done for military bases: It off to the highest bidder. Supposedly, the GOP READIES LAND GRAB OF OUR PARKS process would exclude the so-called crown would close them. When the Republican House prepares to jewels of the system, such as the Grand Can- Closure is appropriate for some unneeded decimate the nation’s parks next month get yon, Yellowstone or Yosemite. But less popu- military bases, but not so for national park ready for the bull-dozers. Our national herit- lar parks, or parks that cater mostly to units, which presumably have an unchanging age will never be the same. locals could be dumped. value. After all, national parks were created Several conservative congressmen, who For too long, the National Park Service for purposes of preservation and posterity, like to throw out government babies with has been grossly underfunded. The result has not for the every-shifting requirements of the bath water, have taken aim at the Na- been deferred maintenance, repair and con- national defense. Existing park units simply tional Park Service to cull out parks they struction, especially in parks like Yellow- should not be exposed to the whims of an don’t like. stone or the Grand Canyon, which are del- independent commission. One plan would create a commission, much uged with visitors. After years of starving The issue has surfaced because the Na- like the panel to close military bases, to se- the parks, the answer isn’t to kill them out- tional Park Service has been having prob- lect parks to be turned over to the States or right. It’s to give the National Park Service lems adequately funding all 368 units in its private interests. the money to do its job right. system. One complaint is that the system is And which parks would suffer? Rep. James In a time of belt tightening, how can that overloaded with units that don’t belong, Hansen, R-Utah, offers a clue. He says Great be done? Entrance fees can be raised, al- units that were designated at the behest of Basin Park, the only national park in Ne- though care must be taken not to deprive some congressman trying to bring home the vada, ‘‘does not have the true definition of Americans of modest means of their ability pork for his district. park criteria.’’ Great Basin was created in to enjoy the parks. Another solution is to in- This problem can be addressed without the 1986 and protects 77,000 acres of pristine crease the paltry sum paid by private conces- creation of a park closure commission. For woodland northeast of Ely. About 90,000 peo- sions to the National Park Service for the starters, Congress can support the portion of ple a year visit the park. privilege of operating hotels, restaurants and HR 260 that calls for the Interior secretary The park was the result of hard-fought ef- other services—and to introduce competitive to devise tighter criteria for additions to the forts by Sen. Harry Reid, D-Nev., who want- bidding in the process of awarding conces- NPS, thereby safeguarding the system from ed to preserve a small piece of Nevada for fu- sions. According to The New York Times, selfish lawmakers. ture generations. Sen. Richard Bryan, D- concessions in national parks made $653 mil- Then, if Congress still feels that Nev., says parks provide recreation for fami- lion in 1993, but the parks got back only $18.7 undeserving units have crept into the sys- lies. million, or 2.8 percent. tem, it can simply deauthorize them itself, He doesn’t understand how closing na- The national parks are too precious to as it did last year with the John F. Kennedy tional parks squares with ‘‘family values’’ lose. They can and should be saved, without Center for the Performing Arts. It does not oriented GOP. destroying the whole system. need some new level of bureaucracy to do But this isn’t a family value issue. It has this. more to do with GOP’s links to big business [From the Wichita Eagle, Aug. 25, 1995] The rationale behind a park closure com- and land exploiters and a growing disdain for mission is that it would save money for the NATIONAL PARKS DESERVE HELP TO PROTECT the public interest. NPS. Well, as the BRAC members can tes- NATION’S HERITAGE Sen. Frank Murkowski, R-Alaska, a pro- tify, it would cost a lot of upfront money to The lines of cars, trailers and campers pile ponent of littering Southern Nevada with close these units. And once closed, who up at Yellowstone National Park, at Yosem- nuclear waste, wants alternative solutions would operate them—the states, or some ite, all across the land. Americans love their for parks, like private operations. other division of the federal government? national parks. Rep. Jerry Lewis, R-Calif., has fought the How do the taxpayers save on that? You’d think the passion for parks would California Desert Protection Act tooth-and- If the goal is to improve NPS finances, spur more and better maintenance and im- nail to benefit land exploiters. then start with passage of park concessions provements at these national treasures. But Critics point to inefficient park manage- reform or entrance fee reform. Start funnel- the reverse seems to be true. Sadly, the more ment and a growing backlog of maintenance ing such fees back into the parks, instead of Americans use the national parks, the more projects. the national treasury. It makes little sense run-down they become. But it was Congress that expanded the to set up a mechanism to close parks when The National Park Service has an annual park system without providing additional proposed methods to increase park revenues budget of $972 million, of which users fund funding. Park personnel are spread more have not been implemented first. about $100 million. The budget falls short of thinly than before. National parks are not at all like military the need; the result is a backlog of mainte- Critics insist, under their plan, parks like bases. They were created to establish a natu- nance and construction projects that has Steam National Historical Park in Penn- ral or historical legacy for future genera- now reached to more than $4 billion. sylvania wouldn’t have been created. tions. They don’t need a closure commission; In recent years, Congress has been in no But that $80 million park was the brain- they need more creative ways to stay open. mood to come up with a big infusion of cash. storm of Pennsylvania congressmen, not the Now, in fact, some members are talking Park Service. [From the St. Louis Post-Dispatch, July 17, about closing some parks to make the sys- We think there’s more afoot here than 1995] tem more ‘‘cost-efficient.’’ Park Service efficiency. A massive land sell- AMERICA FOR SALE Certainly, a hard look at the National off is more likely. Arizona may be a good ex- Americans can be justifiably proud of their Park System is a good idea. Yes, the sys- ample. national park system. This treasure pre- tem’s spending priorities haven’t always Republican Gov. Fife Symington has lob- serves areas of awesome natural beauty, been on target. The new $80 million bied for his state to take over Park Service monuments of historical significance, indige- Steamtown National Historic Park in Penn- properties, while his agents sold off a portion nous wildlife and an appreciation of this sylvania is one example; critics rightly say of a historic landmark. H 9092 CONGRESSIONAL RECORD — HOUSE September 18, 1995 These same congressmen have conven- overhaul entrance fees, which are ridicu- of next year’s Olympic whitewater competi- iently forgotten that the public lands and lously low. The average entrance fee is $3, tion), historic homes of Abraham Lincoln parks systems were the legacy of their party. less than half the cost of a ticket to ‘‘Bat- and Booker T. Washington, the Civil War President Theodore Roosevelt, never a lib- man Forever.’’ A carload of people can ex- battlefields of Antietam and Petersburg, eral big-spender, nevertheless set aside thou- plore Yellowstone for a whole week for only California’s channel Islands, and Utah’s sands of acres of dwindling wilderness lands $10—the same price they would have paid in great red sandstone Arches. At Philadel- to benefit future generations. 1916. Doubling entrance fees, a not unreason- phia’s Independence National Historical He was afraid an important heritage might able proposition, could generate an extra Park, nine of the 14 buildings now open be lost. $100 million for the parks. would be closed. At Great Smoky Mountains, Lucky for Teddy he isn’t around to see the The second bill would end the sweetheart the nature walks and talks would be elimi- latest crop of House Republicans. contracts awarded years ago to the compa- nated. At Everglades, the Long Pine Key and nies that run the lodges, souvenir shops and Flamingo campgrounds would close. The [From the New York Times, July 4, 1995] other facilities inside the parks. In 1993, con- Clinton administration has recommended al- PARKS IN PERIL cessions generated gross revenues of $657 ternatives, but the GOP isn’t interested. That’s because the budget resolution effec- This is the time of year when Americans million but returned only $18.7 million—2.8 per cent—to the Federal Treasury. The bill tually implements a program laid out by the begin flocking to their national parks. Some House Resources Committee to sell parks. will find what they were looking for: vistas would mandate competitive bidding for these lucrative enterprises, giving the Park Serv- Although not yet voted on by the House, HR of spectacular beauty, hours of restorative 260 gives Interior Secretary Bruce Babbitt silence. But others may find themselves won- ice a bigger cut of the proceeds and generat- ing $60 million more for long-neglected re- two years to come up with a list of parks to dering whether they have traded one rat race close and establishes a National Park Serv- for another. The national parks contain pairs. Both measures were well on their way to ice Review Commission to do the job if the most of America’s greatest scenic wonders. approval when time ran out on the 103d Con- secretary doesn’t. The list would be sent to They also suffer from the urban nuisances gress last December. There is now in place a Congress for the final say. vacationers had hoped to leave behind: traf- vastly different Congress, more inclined to How does one countenance selling these fic jams, noise, dirty air and garbage. budgetary parsimony than environmental national treasures? Ask the Republicans in There is, as Representative Bill Richardson stewardship. Its basic philosophy is that to Congress. of New Mexico notes, ‘‘trouble in paradise.’’ save the patient we have to cut off an arm If past experience is any guide, for example, [From the St. Louis Post-Dispatch, Aug. 14, here, a leg there. there will be gridlock today in Yosemite. By That is the wrong way to go. The right way 1995] one estimate, the Grand Canyon alone needs is to provide the park system with enough PRESERVE AMERICA’S PAST $350 million to repair roads, sewers and resources not just to survive but to renew it- Everyone seems to agree that the national water systems. Many of the park system’s self. The language in the original mandate park system is in trouble. Its budget has not 22,000 historic buildings, as any visitor to establishing the Park Service was unambig- kept pace with the parks’ ever-increasing Ellis Island can confirm, are simply falling uous. The national parks should be left popularity. The result is obvious and predict- apart. ‘‘unimpaired for the enjoyment of future able: deferred maintenance and the deterio- Human overload is the most visible culprit. generations.’’ Congress wrote that language, ration of facilities and resources, both natu- Nationwide attendance at the Park Service’s and Congress needs to honor it now. ral and historic. 368 separate units is expected to reach 270 When Americans think of their national million this year, 300 million by the turn of [From the Miami Herald, June 27, 1995] parks, they think mostly of their natural the century. But the real culprit is Congress. FOR SALE: NATIONAL PARKS beauty and of their plants, animals and spec- In the past 20 years, it has established more tacular landscapes. But these parks also in- CONGRESSIONAL BUDGET CUTS AND ANTI-GOV- than 80 new parks while refusing to give the clude archaeological and historic structures. ERNMENT ATTITUDES THREATEN AMERICA’S Interior Department’s Park Service enough As The New York Times has reported, far too money to do its job. The service’s $1.5 billion HERITAGE many of these structures under the care of annual budget barely covers operating costs. ‘‘Pssst, want to buy a national park? No, the National Park Service—the system’s The result is an estimated $6 billion repair not Yellowstone, not Yosemite, not Grand ‘‘parkitecture’’—are in a state of serious, and construction backlog. Canyon (or at least not yet). How ‘bout Gate- perhaps irreparable decay. The price tag to Congress is responsible for cleaning up the way overlooking Manhattan, Cuyahoga Val- preserve these historic buildings could reach mess it created. The question is how. Not ley outside Cleveland, San Francisco’s Gold- $1.5 billion, considerably more than the $1.12 surprisingly, given Washington’s anti-envi- en Gate and Presidio? Miami’s Biscayne on billion the Republicans want for the entire ronmental, budget-conscious mood, the most the Atlantic Coast? Now, there’s a deal. 1996 National Park Service budget. popular option is to trim back the system it- Right on the highway to the Keys, perfect Public-private partnerships have been self. A bill before the House would direct the for development * * *’’ formed to rescue some prominent structures, Interior Department to review all parks and Haven’t you heard? Congress’s Republicans such as the Sperry and Granite Park Chalets determine which ones are ‘‘nationally sig- want to sell the nation’s urban parks. They in Montana’s Glacier National Park, and nificant.’’ At that point, a special commis- cost too much, you know? Got to cut taxes, such projects should be encouraged wherever sion would decide which parks should get the balance the budget. Government shouldn’t possible. Yet the condition of the parks and ax and then present its list to Congress. own land—this whole idea of public lands, its ‘‘parkitecture’’ argues for a far more The proposal excludes 54 ‘‘major’’ national public parks * * * passe * * * not something comprehensive approach to their care. parks but leaves open for review more than government should be doing. That approach can be found in H.R. 2181, 300 monuments, historic sites, scenic trails, Did American voters knowingly seat a the Common Sense National Park System urban parks and assorted recreation areas. Congress that shows such antipathy to the Reform Act, sponsored by U.S. Rep. Bill On its surface, this bill, co-sponsored by environment, natural resources, public Richardson, a Democrat from New Mexico. Joel Hefley, Republican of Colorado, and parks, even recreation? Bill after bill keeps This reform bill, which has bipartisan sup- Bruce Vento, Democrat of Minnesota, has an coming—mostly from the House: a Clean port, stands in distinct contrast to a more appealing simplicity. The park system defi- Water Act that dismantles pollution con- Draconian bill, H.R. 260, that would establish nitely includes substandard sites—what Mr. trols; a regulatory reform act that encour- a park closure commission. Mr. Richardson’s Hefley calls ‘‘pork parks,’’ shoe-horned into ages junk science and invites lawsuits; a intent is to save the system, not gut it. It is the system to enhance local economies and property-rights bill intended to spike protec- an especially helpful approach at a time the careers of the politicians who sponsored tion for endangered species; and now HR 260, when the park service’s budget, which should them. Get rid of these, Mr. Hefley argues, setting up a park-closure commission, and a be increasing to meet the public’s demand, is and we will have more money to spend on 1996 budget resolution too skimpy to keep actually decreasing. the ‘‘crown jewels’’ like Yellowstone and the the 368 national parks and historic sites Mr. Richardson’s bill would raise more Grand Canyon. open. money for the parks from concessionaires In the end, though, this is an unnecessarily The National Park Service will spend $1.42 operating in the parks and from visitors and messy and potentially dangerous approach to billion this year. The Republican budget res- users. Right now businesses operating in the the problem. Mr. Vento says that Congress olution scheduled for House debate this week parks, including hotels and restaurants, pay will vote on each recommendation ‘‘on its cuts that by 21 percent to $1.12 billion for next to nothing for the privilege of making merits.’’ But a more likely scenario is that 1996. By 2002, spending for parks is to be 36 gigantic profits. Introducing a system of the proposed closings will be lumped to- percent less. There will be no choice but to competitive bidding for concessions would gether in one omnibus ‘‘closings’’ bill, close some parks, recreation areas, monu- provide more money, part of which would go threatening valuable wilderness along with ments, battlefields, and riverways, while re- into a park improvements fund. This bill mediocre sites that do not belong in the sys- ducing hours, programs, and maintenance at would also raise entrance and user fees, tem. others. though not outrageously, and divert part of A more positive approach to rescuing the Targeted are the 200 ‘‘smallest’’ units in- the proceeds into a park renewal fund. parks is contained in two other bills con- cluding Biscayne, but also Tennessee’s Obed The national parks are among the most fronting the Senate and House. One would Wild and Scenic River (adjacent to the site precious and most cherished resources in September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9093 this country. This bill would help restore burden families, no problem. But we’re skep- cies Act degenerated from a protective law them to their past glory. tical of those who argue that Americans de- into something Congress never anticipated, serve better value from their parklands, nor intended to foist on the people. The [From the Philadelphia Inquirer, Aug. 27, while failing to argue that they deserve a agencies went far beyond the intentions of 1995] better return from the businesses that make the act.’’ He advocated a new ESA that pro- PARK BENCHMARKS a bundle from park concessions. tected private property, changed the listing process, required sound social and economic WINNOW IMPOSTORS FROM THE NATION’S PARK [From the Deseret News, Dec. 17, 1994] concerns, allowed local voice and made peo- SYSTEM? SURE, BUT DON’T REDUCE IT TO JUST ple who filed for a listing of species post a A FEW, SELECT JEWELS PLAN FOR PARK-CLOSURE PANEL ASSAILED bond and show credentials. ASSOCIATION SAYS THE AGENDA SHOULD Anyone who has paid a lick of attention Continuing on, Hansen said the National INCLUDE MORE THAN SHUTDOWNS knows that America’s national parks aren’t Park Service needed serious reform. ‘‘One without their problems—a chief one being, The National Parks and Conservation As- hundred and fifty parks of the some 368 need interestingly, that many are too darn popu- sociation, an advocacy group with 475,000 to be dropped,’’ Hansen said, giving an exam- lar for their own good. You’ve seen the pic- members, has opposed the idea of establish- ple of one park that had a budget of $300,000 tures of Yellowstone traffic jams. Maybe you ing a commission to decide which national per year and only 50 visitors per year. ‘‘When got stuck in one in the Great Smoky Moun- parks should be closed. a bureaucracy reaches a certain critical tains. And it’s not exactly a secret in Phila- Rep. Jim Hansen, R-Utah, is among con- mass, its only goal is to insure its own prop- delphia that a jewel of our nation’s history— servatives advancing the idea of cutting agation. It begins to serve the monster rath- Independence Hall—had to wait far too long back the nation’s park system. er than the people.’’ Hansen said. for its ongoing overhaul. The parks association ‘‘cannot support a The state rights issues also was a hot topic Fewer people know that there are a couple commission whose predetermined goal is and most attendees agreed the highlight of of ringers in the system, too. Steamtown Na- solely park closures,’’ said Paul C. Pritchard the meeting was the talk given by Lana tional Historical Park in Scranton, for in- in a three-page letter to Hansen. ‘‘If a com- Marcussen, a New Mexico attorney working stance, poses as a site of significance in the mission is formed, it should be a body dedi- with lands issues. Speaking on states’ rights development of the U.S. rail system, but is cated to reviewing the existing system and and sovereignty with an extraordinary really more of a monument to the pork-win- identifying additions and potential closures amount of case reference recalled at will, the ning talents of a Scranton congressman. based on the standards of national signifi- attorney was surrounded by people wherever And it seems like only a more handful of cance.’’ she stopped. Her federalism argument was folks are tuned in to the fact that come fall, Allen Freemyer, an attorney for the House used in the New Mexico vs. Watkins case Congress has teed up a bill that would set up Natural Resources Committee, said, ‘‘The that went to the Supreme Court, which ruled a park-closure commission, and as is fashion- basic policy direction is to stop the growth the federal government had to apply to the able these days, consider foisting manage- of the national-park system for a little while State of New Mexico for low level nuclear ment of some of them off onto the states. .. . It’s not a matter of whether we’re going waste permits. Her talks focused on the (Not that the cash-strapped states are clam- to close some parks. It’s a matter of how rights of the people to hold the state and fed- oring for the honor.) we’re going to close them.’’ eral governments accountable. At first glance, the bill seems harmless— Hansen, the second-ranking Republican on Marcussen said there had been a tremen- and it taps all the voguish budget-cutting the Natural Resources Committee, suggested dous shift by the courts in favor of state sov- buttons. One of its prime movers, Rep. during the last election campaign that Great ereignty. The court has limited the federal James V. Hansen, a Utah Republican, says Basin National Park on the Utah-Nevada government’s power to compel states to do he’s just looking for ‘‘a better return from border should be reviewed by a closure com- their bidding in the case of New York vs. our parks,’’ and a way to raise money for the mission. U.S., another nuclear waste case. In addi- bigger parks’ backlogged maintenance budg- ‘‘If you have been there once, you don’t tion, the Brady bill has been declared uncon- ets. need to go again,’’ he told the Ogden-Weber stitutional in at least three district courts. But there are flies in the ointment. One is Chamber of Commerce. Federal control seems to be crumbling that Congress can already decommission any Hansen last week issued a two-page letter under the challenges of the people time after part it wants to—without a new commission. the need for a closure commission. Pritchard time, she said. (Last year, in fact, the Kennedy Center for responded to that letter. During the conference, the Supreme Court the Performing Arts in Washington was con- ‘‘Our national-park system currently faces ruled a governor could not make a special gressionally removed from Park Service ju- a crisis which stems from too many parks pact for Indian gambling. This is the first risdiction.) and insufficient funding,’’ Hansen wrote. ‘‘In time a court has ruled against a governor Opponents of the bill ask whether the new the first 50 years of the national-park sys- after the Interior Department has approved commission—which itself would cost upward tem, Congress designated only about 60 park the compact. ‘‘With recent court decisions of $2 million—would be biased at the outset areas. However, in the last six years alone, such as Adarand (affirmative action) and against urban and historical parks. Congress established 30 new park areas Lucas (federal powers under the Commerce Another problem is that once the system is across the country. While Congress is busy Clause), Indian sovereignty is no more,’’ balkanized by farming out operations to creating new parks, our crown jewels are Marcussen said. ‘‘This is the beginning of the state park systems and such, Americans may falling into disrepair.’’ end of the Bureau of Indian Affairs. How can find themselves facing—instead of uniformly Hansen said the Park Service has a con- a racially oriented agency continue?’’ run parks—a checkered quilt of good, bad struction backlog of $6 billion and needs $400 Perry Pendley of the Mountain States and ugly operations. (How long would it be, million to $800 million from Congress each Legal Foundation, who argued the Adarand indeed, until an outcry went up to turn over year to subsidize its budget. case in the Supreme Court, told attendees more federal funding to states hard-pressed Pritchard said that last year Hansen op- ‘‘The environmentalists want it all—even to keep certain parks up to standard?) posed a bill that would have generated an the two thirds of this country that is private Third, though the West’s treasured park- extra $45 million to $60 million by increasing land.—The very basis of this government was lands are technically off the table, aspects of the fees paid by park concessionaires. Han- built on property rights. If you have no prop- the ‘‘park-reform’’ agenda would make it sen said higher fees would have driven con- erty right you have no freedom.’’ more difficult to donate land to parks such cessionaires out of business and cost the gov- The summit was sponsored by the Western as Virginia’s Shenandoah National Park, ernment more in the long run. States Coalition, founded by Met Johnson thus making their periphery ripe for com- and Rob Bishop. the organization has been mercial developments. [From the Elko Daily Free Press, July 31, instrumental in establishing state constitu- But the largest flaw in the legislation—and 1995] tional defense councils, involved in legisla- the one that subverts its pretense of going to ESA REWRITE DOMINATED WESTERN STATES tive protection of property rights and a bat for the taxpayer—is that its sponsors SUMMIT major voice in Congress on rural issues. The have actively blocked action on concession next Western States Summit is expected to reform that would give the Park Service (By Don Bowman) be held in California. more of each dollar spent at privately run Rewriting the Endangered Species Act was eateries and lodgings at national parks. the focus of the Western States Summit IV, CONGRESSMAN BILL RICHARDSON—TALKING By some estimates, if concessionaires such which concluded in Albuquerque, N.M., July POINTS IN OPPOSITION TO H.R. 260 as Philadelphia-based ARA services had to 15. The meeting was strongly supported by pay the same cut of their gross from park state legislators of Utah and Arizona, as well WHO OPPOSES H.R. 260? business that they do at stadiums and other as county commissioners and congressmen The Clinton Administration. public facilities, the parks could pocket $50 from many western states. The Department of Interior. million or more annually. Shaken by the recent U.S. Supreme Court The National Park Service. If Congress wants to tighten up on the re- decision on Sweet Home, there was consist- The League of Conservation Voters. quirements to become part of the park sys- ent call for Congress to make the act more National Parks and Conservation Associa- tem, no problem. (See Steamtown above.) If sensitive to the people or repeal it. Rep. Jim tion. it wants raise some user fees that don’t over- Hansen, R-Utah, said, ‘‘The Endangered Spe- The Wilderness Society. H 9094 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Sierra Club. tional Park System H.R. 260 creates a politi- the National Park System and recommend Izaak Walton League of America. cally appointed commission, whose sole re- sites to be deleted from the system; then, it Friends of Earth. sponsibility would be to determine which creates a politically appointed commission Sierra Club Legal Defense Fund. park units should be closed. While there may to conduct the same process. The National American Hiking Society. be units in the National Park System that Park Service already has the authority to Defenders of Wildlife. deserve scrutiny, LCV opposes the creation recommend the removal of a unit from the WHAT NEWSPAPERS HAVE ISSUED EDITORIALS of a politically appointed parks closure com- National Park System, and Congress has the AGAINST H.R. 260? mission and urges you to vote against pas- authority to remove units from the National The Salt Lake Tribune. sage of H.R. 260. Park System. It has exercised this authority H.R. 260, and the parks closure commission The St. Louis Post-Dispatch. throughout the history of the National Park it creates, threatens 315 units of the Na- The New York Times. System, as demonstrated when Congress re- tional Park System including: urban parks, The Miami Herald. moved the John F. Kennedy Center for the historic sites, national monuments, national The Philadelphia Herald. Performing Arts last year. seashores, national recreation areas, and The Wichita Eagle. The consideration of H.R. 260 on the sus- The Las Vegas Sun. Civil War Battlefields. Instead of considering pension calendar is tantamount to a closed ways to improve the National Park System process to close parks. By voting against WHAT DOES H.R. 260 DO? H.R. 260 unnecessarily creates a new layer of H.R. 260, you will be voting for a fair and Creates a park closure commission to rec- government and an expensive bureaucratic open process on important decisions with re- ommend specific units of the National Park process, when in fact Congress already has spect to the management of our nation’s cul- System for closure, privatization or sale to the authority to remove units from the Na- tural and natural heritage. the highest bidder. tional Park System. Sincerely, Weaken Congress’ statutory authority to LCV views H.R. 260 as an assault on the David Lillard, President, American Hik- make decisions on park management by protection of our cultural and natural herit- ing Society; James K. Wyerman, V.P. granting broad powers to a politically ap- age. By bringing H.R. 260 to the House floor for Programs, Defenders of Wildlife; pointed commission; on the suspensions calendar Members are Margaret Morgan-Hubbard, Executive Send a strong signal to the American peo- prevented from offering amendments which Director, Environmental Action Foun- ple that Congress does not have the political could significantly improve this flawed legis- dation; Brent Blackwelder, V.P. for will to carry out its responsibilities of over- lation. LCV beleves that the full House of Policy, Friends of the Earth; Paul Han- sight over the National Park Service; Representatives, like the House Resources sen, Executive Director, Izaak Walton Exempt the 54 National Park units from Committee, should have an opportunity to League of America; William J. Chan- closure, leaving less visited, smaller budg- vote on an amendment to delete the park dler, V.P. for Conservation Policy, Na- eted parks and important national monu- closure commission. LCV urges you to op- tional Parks & Conservation Associa- ments like Independence Hall, the Statue of pose H.R. 260 so that this and other amend- tion; Melanie Griffin, Director of Pub- Liberty, Mt. Rushmore, the Washington, ments can be offered under regular House lic Lands, Sierra Club; Marty Hayden, Lincoln and Jefferson Monuments and the procedures. LCV’s Political Advisory Com- Senior Policy Analyst, Sierra Club Martin Luther King Jr. Historic Site on the mittee will consider including a vote on pas- Legal Defense Fund; Rindy O’Brien, chopping block. sage of H.R. 260 in compiling its 1995 Score- V.P. for Public Policy, The Wilderness Require the National Park Service (NPS) card. Society. to prepare a financial management plan for Thank you for your consideration of this Congress to ensure accountability within the issue. For further information, please call system; Betsy Loyless in my office at 202/785–8683. THE 200 SMALLEST BUDGET PARKS Require the NPS (not a politically-ap- Sincerely, [Fiscal years] pointed park closure commission) to prepare FRANK LOY, a description of types of resources not cur- Acting President. 1995 park Cumulative rently in the system, refine the definitions National Park Service park units 1995 park base base for current units of the system and submit a AMERICAN HIKING SOCIETY, DEFEND- report to Congress identifying which units of ERS OF WILDLIFE, ENVIRONMENTAL 1 Cane River Creole NHP ...... 0 0 the System do not conform with the revised ACTION FOUNDATION, FRIENDS OF 2 New Orleans Jazz NHP ...... 0 0 3 Salt River Bay NHP and Ecological Pre- park criteria from the new plan; THE EARTH, IZAAK WALTON serve ...... 0 0 Reform the current NPS concessions policy LEAGUE, NATIONAL PARKS AND 4 Natchez Trace NST ...... 25,000 25,000 to mandate open competition for large con- CONSERVATION ASSOCIATION, SI- 5 Saint Croix Island IHS ...... 54,000 79,000 6 Bluestone NSR ...... 61,000 140,000 cessions contracts while shielding high-per- ERRA CLUB, SIERRA CLUB LEGAL 7 Devils Postpile NM ...... 92,000 232,000 formance ‘‘mom and pop’’ or small busi- DEFENSE FUND, THE WILDERNESS 8 Rainbow Bridge NM ...... 99,000 331,000 nesses with revenues under $500,000 per year SOCIETY, 9 Hovenweep NM and Yucca House NM .. 107,000 438,000 10 Thaddeus Kosciuszko NMem ...... 128,000 566,000 from preserving the right to match compet- September 18, 1995. 11 Ebey’s Landing Nat’l Historical Reserve 135,000 701,000 ing bids on contract renewals AND require DEAR REPRESENTATIVE: We are writing to 12 Hamilton Grange NMem ...... 139,000 840,000 that a portion of the concession fees paid re- urge you to vote against H.R. 260, the Na- 13 Theodore Roosevelt Inaugural NHS ...... 155,000 995,000 tional Park System Reform Act, when the 14 Aniakchak NM and Preserve ...... 160,000 1,155,000 main in the park unit in which they are gen- 15 Thomas Stone NHS ...... 172,000 1,327,000 erated to fund necessary improvements on House considers this ill-advised legislation. 16 National Park of American Samoa ...... 192,000 1,519,000 site, etc. The bill will be debated on the suspension 17 Obed Wild and Scenic River ...... 199,000 1,718,000 calendar on Monday, September 18 and a 18 Theodore Roosevelt Birthplace NHS ...... 200,000 1,918,000 Reform the current NPS entrance fee pol- 19 Russell Cave NM ...... 202,000 2,120,000 icy to increase the amount of money coming vote is expected to occur the following day. 20 Gila Cliff Dwellings NM ...... 205,000 2,325,000 into the park from visitors AND require that Unlike the version of this legislation which 21 Maggie L. Walker NHS ...... 210,000 2,535,000 passed the House of Representatives last 22 City of Rocks National Reserve ...... 211,000 2,746,000 a portion of these fees remain in the park 23 Keweenaw NHP ...... 212,000 2,958,000 unit in which they are generated for site spe- year, H.R. 260 would formally establish a po- 24 Gauley NRA ...... 217,000 3,175,000 cific needs. litically appointed park closure commission 25 Ninety Six NHS ...... 221,000 3,396,000 as part of a review of the National Park Sys- 26 John F. Kennedy NHS ...... 225,000 3,621,000 27 Dayton Aviation NHP ...... 228,000 3,849,000 LEAGUE OF CONSERVATION VOTERS, tem. This would set in motion a process to 28 Manzanar NHS ...... 232,000 4,081,000 Washington, DC, September 18, 1995. close parks, or portions of parks. 29 Moores Creek NB ...... 238,000 4,319,000 This is controversial legislation that has 30 Coronado NMem ...... 251,000 4,570,000 Re oppose H.R. 260, the National Park Sys- no place on the suspension calendar. Evi- 31 Hagerman Fossil Beds NM ...... 257,000 4,827,000 tem Reform Act. 32 Eugene O’Neill NHS ...... 260,000 5,087,000 dence of its contentiousness has been dem- 33 Cedar Breaks NM ...... 263,000 5,350,000 HOUSE OF REPRESENTATIVES, onstrated by the dozens of newspapers across 34 Muir Woods NM ...... 273,000 5,623,000 Washington, DC. 35 Big Hole NB ...... 274,000 5,897,000 America that have editorialized against H.R. 36 Saint Paul’s Church NHS ...... 280,000 6,177,000 DEAR REPRESENTATIVE: The League of Con- 260. By limiting debate and prohibiting Mem- 37 William Howard Taft NHS ...... 283,000 6,460,000 servation Voters is the bipartisan, political bers of Congress from offering amendments, 38 Cowpens NB ...... 285,000 6,745,000 arm of the national environmental move- 39 Edgar Allan Poe NHS ...... 286,000 7,031,000 the legislation cannot be improved by the 40 Palo Alto Battlefield NHS ...... 297,000 7,328,000 ment. Each year, LCV publishes the National whole House of Representatives. The prece- 41 Pipe Spring NM ...... 297,000 7,625,000 Environmental Scorecard, which details the dent for how this bill is being considered, 42 Roger William NMem ...... 299,000 7,924,000 voting records of Members of Congress on en- 43 De Soto NMem ...... 302,000 8,226,000 and the process it sets in motion are omi- 44 Puukohola Heiau NHS ...... 302,000 8,528,000 vironmental legislation. The Scorecard is nous. If the Resources Committee gags the 45 Brown v. Board of Education NHS ...... 303,000 8,831,000 distributed to LCV members, concerned vot- House of Representatives, what will the park 46 Mary McLeod Bethune Council House ers nationwide and the press. NHS ...... 305,000 9,136,000 closure commission do to the American peo- 47 Fort Point NHS ...... 311,000 9,447,000 This Tuesday, the House of Representa- ple? 48 Mojave NP ...... 312,000 9,759,000 tives is expected to vote on a motion to sus- This legislation also creates another un- 49 Klondike Gold Rush NHP (Seattle) ...... 313,000 10,072,000 pend the rules and consider H.R. 260, the Na- necessary layer of government and an elabo- 50 Monocacy NB ...... 314,000 10,386,000 51 Horseshoe Bend NMP ...... 321,000 10,707,000 tional Park System Reform Act. Under the rate bureaucratic process. It requires the Na- 52 Knife River Indian Village NHS ...... 322,000 11,029,000 guise of reforming and improving the Na- tional Park Service to conduct a review of 53 Tonto NM ...... 322,000 11,351,000 September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9095 THE 200 SMALLEST BUDGET PARKS—Continued THE 200 SMALLEST BUDGET PARKS—Continued is very important for the parks of [Fiscal years] [Fiscal years] America. Mrs. MINK of Hawaii. Mr. Speaker, I rise to Cumulative 1995 park 1995 park Cumulative protest a most contentious piece of legislation National Park Service park units base 1995 park National Park Service park units 1995 park base base base that threatens the security of our National Park 54 Natural Bridges NM ...... 327,000 11,678,000 159 Women’s Rights NHP ...... 796,000 67,826,000 System [NPS]. H.R. 260, the National Park 55 Congaree Swamp NM ...... 328,000 12,006,000 160 Arches NP ...... 798,000 68,624,000 System Reform Act, puts in jeopardy more 56 Fort Caroline NMem ...... 336,000 12,342,000 161 Yukon-Charley Rivers Nat’l Preserve ..... 802,000 69,426,000 57 Fort Union Trading Post NHS ...... 336,000 12,678,000 162 Shiloh NMP ...... 806,000 70,232,000 than 300 NPS unitsÐsome of our smallest 58 Friendship Hill NHS ...... 338,000 13,016,000 163 Bering Land Bridge National Preserve .. 816,000 71,048,000 and lowest-budget parks, but units that none- 59 Charles Pickney NHS ...... 339,000 13,355,000 164 George Washington Birthplace NM ...... 839,000 71,887,000 60 El Morro NM ...... 342,000 13,697,000 165 Fort Vancouver NHS ...... 850,000 72,737,000 theless capture the essence of our Nation's 61 Aztec Ruins NM ...... 343,000 14,040,000 166 Chiricahua NM and Ft. Bowie NHS ...... 878,000 73,615,000 history, culture, and natural beauty. 62 Casa Grande Ruins NM and Hohokam 167 Sitka NHP ...... 888,000 74,503,000 Pima NM ...... 348,000 14,388,000 168 Cabrillo NM ...... 899,000 75,400,000 The bill would call for a ``death list'' for parks 63 Tumacacori NHP ...... 353,000 14,741,000 169 Harry S. Truman NHS ...... 902,000 76,302,000 in the development of a National Park System 64 Fossil Butte NM ...... 357,000 15,098,000 170 Natchez NHP ...... 912,000 77,214,000 65 Andrew Johnson NHS ...... 359,000 15,457,000 171 Eisenhower NHS ...... 919,000 78,133,000 PlanÐa recommendation of units among na- 66 Piscataway Park ...... 361,000 15,818,000 172 Fort Sumter NM ...... 929,000 79,062,000 tional recreation areas, monuments, pre- 67 Weir Farm NHS ...... 367,000 16,185,000 173 Vanderbilt Mansion NHS ...... 933,000 79,995,000 68 Boston African American NHS ...... 376,000 16,561,000 174 White Sands NM ...... 947,000 80,942,000 serves, historic sites, and heritage areasÐ 69 Federal Hall NMem ...... 380,000 16,941,000 175 Kenai Fjords NP ...... 949,000 81,891,000 which may be proposed for termination under 70 Stones River NB ...... 380,000 17,321,000 176 Canyon de Chelly NM ...... 953,000 82,844,000 71 Homestead NM of America ...... 382,000 17,703,000 177 Saratoga NHP ...... 955,000 83,799,000 the bill. This represents an outright denial of 72 Niobrara/Missouri NR ...... 387,000 18,090,000 178 Salem Maritime NHS ...... 1,028,000 84,827,000 our responsibility to protect the American leg- 73 Whitman Mission NHS ...... 388,000 18,478,000 179 Manassas NBP ...... 1,038,000 85,865,000 74 Longfellow NHS ...... 389,000 18,867,000 180 Lake Clark NP and Preserve ...... 1,055,000 86,920,000 acy embodied in our national parks. 75 Hampton NHS ...... 391,000 19,258,000 181 Fort Necessity NB ...... 1,077,000 87,997,000 This bill would repudiate the expertise and 76 John Muir NHS ...... 393,000 19,651,000 182 Cape Lookout NS ...... 1,081,000 89,078,000 discernment of the National Park Service 77 Agate Fossil Beds NM ...... 394,000 20,045,000 183 Pecos NHP ...... 1,081,000 90,159,000 78 Oregon Caves NM ...... 396,000 20,441,000 184 Kalaupapa NHP ...... 1,091,000 91,250,000 [Service] by instituting a review commission 79 Capulin Volcano NM ...... 398,000 20,839,000 185 Castillo de San Marcos NM and Ft. similar to the commission overseeing closure 80 John D. Rockefeller, Jr., Mem Parkway . 400,000 21,239,000 Matanzas NM ...... 1,092,000 92,342,000 81 Jimmy Carter NHS ...... 404,000 21,643,000 186 Richmond NBP ...... 1,120,000 93,462,000 of our military bases. Additionally, Congres- 82 Arkansas Post NMem ...... 417,000 22,060,000 187 Organ Pipe Cactus NM ...... 1,129,000 94,591,000 sional distrust of the Department of Interior 83 Guilford Courthouse NMP ...... 422,000 22,482,000 188 Nez Perce NHP ...... 1,141,000 95,732,000 84 Florissant Fossil Beds NM ...... 423,000 22,905,000 189 Cumberland Island NS ...... 1,156,000 96,888,000 [DOI] is evident by a stipulation that should 85 San Juan Island NHP ...... 431,000 23,336,000 190 Fort McHenry NM and Historic Shrine ... 1,162,000 98,050,000 DOI fail to produce the National Park System 86 Abraham Lincoln Birthplace NHS ...... 450,000 23,786,000 191 Baltimore-Washington Parkway ...... 1,163,000 99,213,000 87 Fort Union NM ...... 452,000 24,238,000 192 Mount Rushmore NMem ...... 1,198,000 100,411,000 Plan, this commission would be required to do 88 Effigy Mounds NM ...... 456,000 24,694,000 193 Pictured Rocks NL ...... 1,209,000 101,620,000 so. H.R. 260 would introduce a mechanism of 89 Fort Frederica NM ...... 466,000 25,160,000 194 Wind Cave NP ...... 1,214,000 102,834,000 90 Pipestone NM ...... 467,000 25,627,000 195 Chaco Culture NHP ...... 1,273,000 104,107,000 excessive congressional oversight in the termi- 91 Fort Smith NHS ...... 472,000 26,099,000 196 Gates of the Arctic NP and Preserve .... 1,285,000 105,392,000 nation or modification of NPS units by requir- 92 Booker T. Washington NM ...... 477,000 26,576,000 197 Cumberland Gap NHP ...... 1,292,000 106,684,000 93 Kings Mountain NMP ...... 478,000 27,054,000 198 Pinnacles NM ...... 1,294,000 107,978,000 ing 6 members of this 11-member commission 94 Tuskegee Institute NHS ...... 478,000 27,532,000 95 Timpanogos Cave NM ...... 482,000 28,014,000 to be appointed by congressional leadership. 96 Hopewell Culture NHP ...... 495,000 28,509,000 Mr. HANSEN. Mr. Speaker, I yield Through passage of this bill, we would serve 97 Eleanor Roosevelt NHS ...... 497,000 29,006,000 myself the remainder of my time. 98 Ocmulgee NM ...... 498,000 29,504,000 the park system a tremendous disservice by 99 George Washington Carver NM ...... 499,000 30,003,000 The SPEAKER pro tempore. The gen- allowing it to be highly politicized. 100 Hubbell Trading Post NHS ...... 501,000 30,504,000 tleman from Utah [Mr. HANSEN] is rec- 101 Ulysses S. Grant NHS ...... 502,000 31,006,000 H.R. 260 would strip DOIÐthe administra- 102 Castle Clinton NM ...... 503,000 31,509,000 ognized for 11⁄2 minutes. tive arm overseeing the NPSÐof its freedom 103 Dry Tortugas NP ...... 506,000 32,015,000 Mr. HANSEN. Mr. Speaker, I hope 104 Fort Clatsop NMem ...... 510,000 32,525,000 to work with willing landowners, State govern- 105 Pea Ridge NMP ...... 511,000 33,036,000 the gentleman from New Mexico [Mr. ments or municipalities in the creation of new 106 Perry’s Victory and Intnl Peace Memo- RICHARDSON] realizes that the amend- rial ...... 511,000 33,547,000 park units. Without the ability to enter into co- 107 Scotts Bluff NM ...... 516,000 34,063,000 ment of the gentleman failed 30 to 9 in operative agreements, DOI will be com- 108 Timucuan Ecological and Hist Preserve 517,000 34,580,000 committee. 109 Devils Tower NM ...... 535,000 35,115,000 promised by an additional level of bureauc- 110 Ford’s Theatre NHS ...... 537,000 35,652,000 Let me again point out, this is not a racy. The Department will be forced to go 111 Navajo NM ...... 539,000 36,191,000 park closing bill. Nothing in this act 112 George Rogers Clark NHP ...... 547,000 36,738,000 through the congressional process to establish 113 Christiansted NHS and Buck Island shall be construed as modifying or ter- new units, which in several cases would mean Reef NM ...... 550,000 37,288,000 minating any unit of the National 114 Golden Spike NHS ...... 552,000 37,840,000 unnecessary use of taxpayer dollars and a 115 Jewel Cave NM ...... 556,000 38,396,000 Park System without an act of Con- waste of effort. 116 Fort Stanwix NM ...... 558,000 38,954,000 gress. That is clear. That is the law we The State of Hawaii under H.R. 260 would 117 Saint-Gaudens NHS ...... 559,000 39,513,000 118 Carl Sandburg Home NHS ...... 563,000 40,076,000 are trying to pass. The GAO came be- be threatened with the loss of five valuable 119 General Grant NMem ...... 572,000 40,648,000 fore the committee. They said, it is a parks. Kalaupapa National Historical Park is a 120 Kaloko-Honokohau NHP ...... 572,000 41,220,000 121 Grand Portage NM ...... 573,000 41,793,000 mess right now; we urge you to do monument to those with crippling Hansen's 122 War in the Pacific NHP ...... 575,000 42,368,000 something. This same piece of legisla- Disease. Closure of this park would be most 123 El Malpais NM ...... 579,000 42,947,000 124 Little Bighorn NM ...... 581,000 43,528,000 tion, with only one difference, and that tragic at this time when the figurehead of 125 Fort Scott NHS ...... 586,000 44,114,000 was this commission, passed unani- Kalaupapa, Father Damien deVeuster, is un- 126 Fort Larned NHS ...... 597,000 44,711,000 127 Appalachian NST ...... 598,000 45,309,000 mously in this House. dergoing the process of sainthood. 128 Fort Pulaski NM ...... 601,000 45,910,000 The GAO said, you have three op- Kaloko-Honokohau National Historical Park 129 Springfield Armory NHS ...... 613,000 46,523,000 130 Saugus Iron Works NHS ...... 614,000 47,137,000 tions. Eliminate parks, reduce service, is unique within the NPS as the former site of 131 Johnstown Flood NMem ...... 622,000 47,759,000 or raise the fees. We are going to come a thriving settlement of one of our country's 132 Lincoln Boyhood NMem ...... 622,000 48,381,000 133 Black Canyon of the Gunnison NM ...... 624,000 49,005,000 before the American people and ask to native peoplesÐNative Hawaiians. Within the 134 Bent’s Old Fort NHS ...... 648,000 49,653,000 raise the fees. In 1960, if you drove your park's boundaries remain plentiful evidence of 135 Fort Donelson NB ...... 655,000 50,308,000 136 Andersonville NHS ...... 661,000 50,969,000 car up to Yellowstone, it cost you $10 the ancient Hawaiian culture that can be found 137 Craters of the Moon NM ...... 661,000 51,630,000 to get in. In 1995, if you drive to Yel- in no other place in the world other than the 138 Fort Davis NHS ...... 679,000 52,309,000 139 Martin Van Buren NHS ...... 687,000 52,996,000 lowstone, it is $10 to get in. Hawaiian Islands. 140 Salinas Pueblo Missions NM ...... 693,000 53,689,000 The parks are the best deal in Amer- Pu'uhonua o Honaunau National Historical 141 John Day Fossil Beds NM ...... 695,000 54,384,000 142 Hopewell Furnace NHS ...... 699,000 55,083,000 ica. We want to keep the parks, we Park also holds very special meaning for Na- 143 Great Sand Dunes NM ...... 704,000 55,787,000 want to enhance the parks, we want to tive Hawaiians as the place of refugeÐa sa- 144 Little River Canyon Nat’l Preserve ...... 716,000 56,503,000 145 Pu’uhonua O’Honaunau NHP ...... 726,000 57,229,000 make the parks better. We are not like cred place upholding basic rules of the Hawai- 146 Appomattox Court House NHP ...... 728,000 57,957,000 this thing that points out here in the ian society. 147 Greenbelt Park ...... 733,000 58,690,000 148 Montezuma Castle NM and Tuzigoot NM 736,000 59,426,000 Washington Times of the park give- Pu'ukohola Heiau National Historical Park 149 Wilson’s Creek NB ...... 741,000 60,167,000 away. We do not agree with that idea preserves a sense of the deep spirituality of 150 Sagamore Hill NHS ...... 744,000 60,911,000 151 Fort Laramie NHS ...... 746,000 61,657,000 from the Clinton administration or Mr. the Native Hawaiian people. 152 Kennesaw Mountain NBP ...... 746,000 62,403,000 Babbitt. H.R. 260 also jeopardizes the future of USS 153 Petroglyph NM ...... 756,000 63,159,000 154 Herbert Hoover NHS ...... 760,000 63,919,000 Please join us in supporting this bill. Arizona Memorial which sits at Pearl Harbor 155 Colorado NM ...... 765,000 64,684,000 Let us do something good for the na- as the final resting place for many of the 156 Lava Beds NM ...... 776,000 65,460,000 157 Mississippi NR and RA ...... 784,000 66,244,000 tional parks and pass this legislation ship's 1,177 crewmen who lost their lives 158 Grant-Kohrs Ranch NHS ...... 786,000 67,030,000 and move on to other legislation which there in 1941. H 9096 CONGRESSIONAL RECORD — HOUSE September 18, 1995 H.R. 260 would cheat current and future vinced that it will help bring fiscal sanity to the H.R. 2181, a bipartisan bill sponsored by generations of a significant part of American operation of the NPS. Representatives RICHARDSON, BOEHLERT, and heritage and culture. The National Park Sys- Mr. HOYER. Mr. Speaker, I rise today in op- MORELLA does just that while not abandoning tem should be reformed through an honest position to H.R. 260. I am especially troubled our efforts to preserve our Nation's history and and effective review of park service manage- that a controversial bill, with bipartisan opposi- beauty. ment and operations, not through the rash tion, would be considered under the Suspen- Mr. GEJDENSON. Mr. Speaker, I rise today elimination of valuable parks benefiting com- sion Calendar. in strong opposition to bringing HR 260 to the munities in every State. There are some much needed reforms pro- floor under Suspension of the Rules. This pro- I emphatically urge my colleagues to defeat posed in this bill, including the establishment cedure should be reserved for non-controver- this egregious legislation. of a National Park System plan and the re- sial legislation which has widespread bi-par- Mr. RADANOVICH. Mr. Speaker, I attach a quirement for suitability studies of future po- tisan support. I do not believe that HR 260 fits great deal of importance to our system of na- tential parks. this description. By placing this measure on tional parks. It includes many sites that reveal However, this bill would also seek to sell off the Suspension Calendar, the majority is de- our history and our respect of nature. much of our Nation's natural, cultural, and rec- nying Members the ability to offer amend- Just this past weekend, I had occasion to reational heritage: our National Parks. ments to this potentially far-reaching bill. By visit the national military park at Gettysburg, This bill would create a politically appointed closing off debate, Members on both sides of PA. Who could question the wisdom of pre- commission whose sole purpose would be to the aisle will be denied the opportunity to vote serving our country's heritage by providing close National Parks for alleged budgetary on an alternative which the gentleman from such a park. That park and many others, in- concerns, not to achieve Park Service reform. New Mexico, Mr. RICHARDSON, my colleagues Mr. Speaker, look no further than the re- cluding one of the crown jewels, Yosemite Na- from New York, Mr. HINCHEY and Mr. BOEH- cently passed Republican budget for the ra- tional Park, located in my own congressional LERT, and I have introduced. Members of this district, are examples of what national parks tionale behind this closure-commission: a 10 body should have the opportunity to vote on are supposed to be. It is out of a concern for percent cut in National Park Service funds, a our alternative which will improve manage- the future of our national parks that I support 5-year land acquisition moratorium, and a 50 ment of the Park System without creating a H.R. 260, the National Park Service Reform percent cut in NPS construction. special commission to close our parks. If This legislation could have a dramatic im- Act. Members want to keep our parks open, espe- pact on my Congressional District. My con- This legislation will help solve many of the cially smaller and urban parks, then they stituency is proud to have three scenic and problems currently facing the National Park should vote against HR 260. Service [NPS] so that it can better meet its ob- historically significant park units located within Mr. Speaker, I believe that HR 260 is de- jectives of serving visitors and protecting the its borders. The pristine environment and pre- signed to close some of our parks, national natural and cultural resources entrusted to it. served historical viewshed of Mount Vernon is monuments, urban recreation areas and his- H.R. 260 does not close a single park or unit. captured within the nearly 4,500 acres of toric sites. This bill establishes a BRAC-style It does require the NPS to further develop a Piscataway Park. commission charged with developing a list of This park is just one of the nearly 370 Na- plan and mission for the agency. It then re- park units which should be removed from Fed- tional Parks frequented last year alone by quires that the NPS review the existing 368 eral management and ownership. Make no more than 260 million people from the world areas managed by the agency to determine mistake about it, this bill would not create a over. special commission unless it had closure in whether all of them should continue to be Greenbelt Park is one of the last truly devel- mind. I do not support closing any of our parks managed by the NPS. Any NPS recommenda- opment-free plots of land left in the Washing- and I do not believe the American people sup- tion for the closure of an NPS unit would be ton Metropolitan Area. This park serves to re- port such action. Contrary to what the advo- subject to review by an independent commis- mind Marylanders of the importance of our en- cates of HR 260 will argue, we have not cre- sion and would require the passage of a sepa- vironment and our resources. rate act of Congress. Mr. Speaker, in addition, I was very proud to ated parks ``willy nilly.'' I believe that each unit As a member of the National Parks, Forests have the home of Thomas Stone, an original of the Park System is nationally significant and and Lands Subcommittee, I commend Chair- signer of the Declaration of Independence, lo- represents an important part of our history, man JAMES HANSEN's able leadership for cated in Charles County designated as a na- culture and heritage. We have set aside spec- prompting the General Accounting Office's tional historic site in 1993. tacular natural treasures, homes of Presidents [GAO] telling August 1995 report entitled, ``Na- If we would have lost that historical plot of and recreation areas for the benefit of future tional Parks: Difficult Choices Need To Be land, we would almost never have the oppor- generations. The Federal Government has a Made About the Future of the Parks.'' The tunity to get it back again. All three of these responsibility to protect these resources, inter- GAO report sights what I, too, view as a ``fur- parks, which benefit not only the citizens of pret and communicate their significance, and ther deterioration inÐnationalÐpark condi- the Fifth Congressional District, but also all make them available to every American. I do tions.'' I want to acknowledge my acceptance Americans, would be eligible for closure under not believe any other entity can adequately of one of the remedial routes offered in the this legislation. safeguard these assets while making them GAO report, namely, cutting back on the num- However, this House ought not be fooled widely available to every citizen. ber of units in the system. We do not want to about the intent of this bill. Members on the I am also concerned that HR 260 is merely clutter the system with Steamtowns and other side insist that a park-closure commis- one in a long line of proposals put forth by Suitland Parkways without considering budg- sion is necessary to prioritize for the National some of our Republican colleagues to transfer etary factors. Though as I said recently in the Park Service. large tracts of Federal land to States or private Fresno Bee, this process ``won't be easy and What we are in essence telling the Park interests. For example, legislation have been I'm not saying there won't be problems.'' Service is that you do not know how to do introduced to transfer more than 260 million It is true that some national park entities your jobÐthat after years of management and acres of Federal land under the jurisdiction of might eventually be transferred out of the Na- oversight we are now going to go over your the Bureau of Land Management (BLM) to a tional Park System. Some such transfers may heads and let a politically appointed commis- handful of western States. With the enactment well be warranted, and they would not be new. sion decide what to keep open and what to of the Federal Land Policy and Management Just last year the Kennedy Center in Washing- close. Act, the Congress and the American people ton, DC., was transferred out of the National We just create another level of bureaucracy made a commitment to preserve Federal own- Park System. The Kennedy Center still oper- at a time when people are claiming to reduce ership of public lands. These lands contain bil- ates, and people still enjoy attending concerts bureaucracy. lions of dollars worth of minerals, timber and there, but it is simply under new management. Mr. Speaker, what we need is financial other natural resources and provide hundreds Similarly, commuter highways serving Wash- management reform, and enhancement of re- of millions of Americans with recreational op- ington, DC, like the Suitland and Baltimore- source protection efforts. This will enable us to portunities. These proposals will benefit nar- Washington Parkways should be considered deal with needed Park Service reform without row special interests at the expense of the for new management outside of NPS. selling off our Nation's most valuable lands vast majority of the American people. It is important to note, Mr. Speaker, that and resources. The bill that Mr. RICHARDSON has developed H.R. 260 has the support of both Republican I urge my colleagues to oppose this short- will improve management of our National Park and Democrat members of the Resources sighted and very damaging bill so that we can System, generate important revenue to assist Committee, which has jurisdiction over this consider commonsense reform that will also the National Park Service [NPS] in addressing legislation. It is a good bill, and I am con- protect our Nation's most prized lands. a multibillion dollar maintenance backlog, and September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9097 ensure that our national treasures are pro- Mr. Speaker, by bringing H.R. 260 to the PROVIDING FOR THE ADMINISTRA- tected for generations to come. It requires the floor under Suspension of the Rules, the Re- TION OF CERTAIN PRESIDIO Service to develop a master plan for the sys- publican leadership is denying Members on PROPERTIES tem which includes an inventory of existing re- both sides of the aisle the opportunity to vote Mr. HANSEN. Mr. Speaker, I move to sources and prioritizes which cultural, natural, for a reasonable alternative. Once again, we suspend the rules and pass the bill and historical resources should be added to see that talk about openness and giving Mem- (H.R. 1296), to provide for the adminis- the system. It streamlines the process of des- bers of this body the opportunity to work their tration of certain Presidio properties ignating new units by requiring the Service to will is hollow. As a result, the American people at minimal cost to the Federal tax- annually provide the Congress with a list of are going to see their parks close or be sold payer, as amended. areas to be studied and those areas of suffi- to the highest bidder. These treasures are too The Clerk read as follows: cient national significance to warrant inclusion important to be a pawn in a game of legisla- H.R. 1296 in the system. Finally, our bill requires Con- tive chess. I urge my colleagues to vote Be it enacted by the Senate and House of Rep- gress to authorize studies and designate new against H.R. 260. resentatives of the United States of America in park units to ensure that this body retains final Mrs. MORELLA. Mr. Speaker, it is with both Congress assembled, authority to determine the scope of the sys- surprise and concern that a piece of legislation SECTION 1. FINDINGS. tem. as far reaching, complex, and, yes, controver- The Congress finds that— Our bill will also reform out-dated parks con- sial, would be offered on the Suspension Cal- (1) the Presidio, located amidst the incom- cession policy. The current framework was put endar. This bill, H.R. 260, passed through the parable scenic splendor of the Golden Gate, in place when our parks were remote, is one of America’s great natural and his- Resources Committee by a 34 to 8 vote which toric sites; visitorship was low and companies had to be does, superficially, indicate there may be the (2) the Presidio is the oldest continuously enticed to offer visitor services. Today, more 2¤3 support that is necessary for a suspension operated military post in the Nation dating than 270 million people visit our parks yearly, bill to pass. However, there are serious dis- from 1776, and was designated a National easy access is provided via highways and air- senting views that should be considered and Historic Landmark in 1962; ports, and operating a business in our parks is debated by Members of Congress. (3) preservation of the cultural and historic extremely lucrative. While business is great for integrity of the Presidio for public use recog- In addition, another bill was introduced by concessioners, the American people have nizes its significant role in the history of the beginning of August by the Ranking Member failed to receive a fair return for the privilege United States; of the Subcommittee on National Parks, For- (4) the Presidio, in its entirety, is located of operating in their national parks. In 1994, ests and Lands, Representative BILL RICHARD- within the boundary of the Golden Gate Na- while concessioners earned more than $640 SON, that has bipartisan support. Two Repub- tional Recreation Area, in accordance with million from park operations, the American Public Law 92–589; licans, Mr. BOEHLERT and myself, and two people received only $19 million in franchise Democrats are original cosponsors. I feel very (5) the Presidio’s significant natural, his- fees, or about 3 percent of gross receipts. To toric, scenic, cultural, and recreational re- strongly that Members should be allowed to make matters worse, there is no competition sources must be managed in a manner which consider this thoughtful and comprehensive in the awarding of concession contracts and is consistent with sound principles of land substitute bill, H.R. 2181, inasmuch as H.R. companies receive possessory interest in use planning and management, and which 260 is not the only choice we have to manage protects the Presidio from development and structures in the public's parks. Possessory in- effective reform of our National Park System. uses which would destroy the scenic beauty terest forces the American people to pay con- and historic and natural character of the cessioners for the privilege of doing business H.R. 2181 was introduced primarily in re- area; and in their parks. Moveover, possessory interest sponse to the more contentious sections of (6) the Presidio can best be managed is not enjoyed by concessioners in sports sta- H.R. 260, including Section 103, National Park through an innovative public/private part- diums or airports. System Review Commission, which includes nership that minimizes cost to the United Our bill contains the text of legislation the establishment of what has been character- States Treasury and makes efficient use of ized as a Park Closing Commission. This sec- private sector resources that could be uti- passed by the House in the 103d Congress lized in the public interest. which would completely overhaul concession tion is very troublesome to me because I be- lieve that it is unnecessaryÐa system already SEC. 2. AUTHORITY AND RESPONSIBILITY OF THE policy. It requires contracts to be awarded on SECRETARY OF THE INTERIOR. exists to close any park that does not meet a competitive basis and provide a fair return to (a) INTERIM AUTHORITY.—The Secretary of the American taxpayers. It eliminates specified standards. And it is overly threaten- the Interior (hereinafter in this Act referred possessory interest and allocates franchise ing to the smaller, less glamorous parks in our to as the ‘‘Secretary’’) is authorized to man- fees to our parks to support a wide range of system that lack a voice of advocacy, but rep- age leases in existence on the date of this activities. At the same time, it protects the in- resent an idea, a culture, or an area that is Act for properties under the Administrative significant to our national heritage. I have two jurisdiction of the Secretary and located at terests of river guides, outfitters, and other the Presidio. Upon the expiration of any small businesses who provide specialized parks in my district that could come under this classification: Glen Echo Park and the C & O such lease, the Secretary may extend the services and are overwhelmingly family-run lease for a period terminating 6 months after operations. These provisions will ensure that Canal Historical Park. I suspect that almost the first meeting of the Presidio Trust at the American people continue to receive high- every Member of Congress has similar which a quorum is present. After the date of quality services and begin to enjoy a fair re- unheralded park in their district. the enactment of this Act, the Secretary turn on the use of their resources. Therefore, Mr. Speaker, I believe that we may not enter into any new leases for prop- are entitled to a full discussion of H.R. 260 on erty at the Presidio to be transferred to the Finally, this legislation will also generate ad- Presidio Trust under this Act. Notwithstand- ditional revenue to support park operations by the floor of the House. ing section 1341 of title 31 of the United authorizing moderate fee increases at parks Mr. HANSEN. Mr. Speaker, I yield States Code, the proceeds from any such which are currently authorized to charge fees. back the balance of my time. lease shall be retained by the Secretary and By allowing fees to increase slightly at certain such proceeds shall be available, without fur- The SPEAKER pro tempore. The park units, we can generate badly needed rev- ther appropriation, for the preservation, res- question is on the motion offered by enue to improve park roads and trails and to toration, operation and maintenance, im- the gentleman from Utah [Mr. HANSEN] provement, repair and related expenses in- safeguard increasingly threatened natural re- that the House suspend the rules and curred with respect to Presidio properties. sources. It is estimated that this measure will pass the bill, H.R. 260, as amended. For purposes of any such lease, the Sec- generate $30 million in revenue to maintain retary may adjust the rental by taking into our parks. Importantly, these fees will go into The question was taken. account any amounts to be expended by the a special fund in the Treasury which will be di- Mr. RICHARDSON. Mr. Speaker, on lessee for preservation, maintenance, res- rectly available to the Secretary of Interior for that I demand the yeas and nays. toration, improvement, repair and related park-related purposes. This provision guaran- expenses with respect to properties within tees that fees paid by visitors will go to the The yeas and nays were ordered. the Presidio. (b) PUBLIC INFORMATION AND INTERPRETA- parks and not be used to offset the deficit or The SPEAKER pro tempore. Pursu- TION.—The Secretary shall be responsible, in to fund other programs. The American people ant to the provisions of clause 5, rule I, cooperation with the Presidio Trust, for pro- are willing to pay a little more as long as they and the Chair’s prior announcement, viding public interpretative services, visitor know that their entrance fees will be rein- further proceedings on this motion will orientation and educational programs on all vested in the parks. be postponed. lands within the Presidio. H 9098 CONGRESSIONAL RECORD — HOUSE September 18, 1995

(c) OTHER.—Those lands and facilities these individuals shall reside in the city and tions governing procurement by Federal within the Presidio that are not transferred county of San Francisco. The President shall agencies shall apply to the Trust. to the administrative jurisdiction of the Pre- make the appointments referred to in this (C) In exercising authority under section sidio Trust shall continue to be managed by subparagraph within 90 days after the enact- 303(g) of the Federal Property and Adminis- the Secretary. The Secretary and the Pre- ment of this Act. trative Services Act of 1949 (41 U.S.C. 253(g)) sidio Trust shall cooperate to ensure ade- (2) TERMS.—Members of the Board ap- relating to simplified purchase procedures, quate public access to all portions of the pointed under paragraph (1)(B) shall each the Trust is authorized, to use as the dollar Presidio. serve for a term of 4 years, except that of the limit of each purchase or contract under this (d) PARK SERVICE EMPLOYEES.—Notwith- members first appointed, 3 shall serve for a subsection an amount which does not exceed standing any other provision of law, the Trust term of 2 years. Any vacancy in the Board $500,000. shall have sole discretion over whether to em- shall be filled in the same manner in which (D) In carrying out the requirement of sec- ploy persons previously employed by the Na- the original appointment was made, and any tion 18 of the Office of Federal Procurement tional Park Service in the Department of the In- member appointed to fill a vacancy shall Policy Act (41 U.S.C 416), the Trust is au- terior. Career employees of the National Park serve for the remainder of the term for which thorized to furnish the Secretary of Com- Service, employed at the Presidio as of the time his or her predecessor was appointed. No ap- merce for publication notices of proposed of the transfer of lands and facilities to the Pre- pointed director may serve more than 8 procurement actions, to use as the applicable sidio Trust, shall not be separated from the years in consecutive terms. No member of dollar threshold for each expected procure- Service by reason of such transfer. the Board of Directors may have a develop- ment an amount which does not exceed SEC. 3. THE PRESIDIO TRUST. ment or financial interest in any tenant or $1,000,000. (a) ESTABLISHMENT.—There is established a property of the Presidio. (E) The Trust shall establish procedures wholly owned government corporation to be (3) QUORUM.—Four members of the Board for lease agreements and other agreements known as the Presidio Trust (hereinafter in shall constitute a quorum for the conduct of for use and occupancy of Presidio facilities, this Act referred to as the ‘‘Trust’’). business by the Board. including a requirement that in entering (b) TRANSFER.—(1) Within 60 days after re- (4) ORGANIZATION AND COMPENSATION.—The into such agreements the Trust shall obtain ceipt of a request from the Trust for the Board shall organize itself in such a manner reasonable competition. transfer of any parcel within the area de- as it deems most appropriate to effectively (F) The Trust shall develop a comprehen- picted as area B on the map entitled ‘‘Pre- carry out the authorized activities of the sive program for management of those lands sidio Trust Number 1,’’ dated June 1995, the Trust. Board members shall serve without and facilities within the Presidio which are Secretary shall transfer such parcel to the pay, but may be reimbursed for the actual transferred to the Trust. Such program shall administrative jurisdiction of the Trust. and necessary travel and subsistence ex- be designed to reduce costs to the maximum Within one year after the first meeting of penses incurred by them in the performance extent possible. In carrying out this pro- the Board of Directors of the Trust at which of the duties of the Trust. gram, the Trust shall be treated as a succes- a quorum is present, the Board shall request (5) LIABILITY OF DIRECTORS.—Members of sor in interest to the National Park Service the Secretary to transfer any remaining par- the Board of Directors shall not be consid- with respect to compliance with the Na- cels within such area B. Such map shall be ered Federal employees by virtue of their tional Environmental Policy Act and other on file and available for public inspection in membership on the Board, except for pur- environmental compliance statutes. Such the offices of the Trust and in the offices of poses of the Federal Tort Claims Act and the program shall consist of— the National Park Service, Department of Ethics in Government Act. (i) demolition of all structures which can- the Interior. The Trust and the Secretary (6) PUBLIC LIAISON.—The Board shall meet not be cost-effectively rehabilitated and are may jointly make technical and clerical re- at least 3 times per year in San Francisco not of the highest degree of historical sig- visions in the boundary depicted on such and at least one meeting shall be open to the nificance, map. Such areas shall remain within the public. The Board shall establish procedures (ii) new construction which would be lim- boundary of the Golden Gate National Recre- for providing public information and oppor- ited to replacement of existing structures of ation Area. The Secretary shall retain those tunities for public comment regarding pol- similar size in existing areas of development, portions of the building identified as number icy, planning, and design issues through the and 103 as the Secretary deems essential for use Golden Gate National Recreation Area Advi- (iii) examination of a full range of reason- as a visitor center. The building shall be sory Commission. able options for carrying out routine admin- named the ‘‘William Penn Mott Visitor Cen- (d) DUTIES AND AUTHORITIES.—In accord- istrative and facility management programs. ter’’. With the consent of the Secretary, the ance with the purposes set forth in this Act The Trust shall consult with the Secretary Trust may at any time transfer to the ad- and in section 1 of the Act entitled ‘‘An Act in the preparation of this program. ministrative jurisdiction of the Secretary to establish the Golden Gate National Recre- (3) The Trust is authorized to appoint and any other properties within the Presidio ation Area in the State of California, and for fix the compensation and duties of an execu- which are surplus to the needs of the Trust other purposes’’, approved October 27, 1972 tive director and such other officers and em- and which serve essential purposes of the (Public Law 92–589; 86 Stat. 1299; 16 U.S.C. ployees as it deems necessary without regard Golden Gate National Recreation Area. The 460bb), and in accordance with the general to the provisions of title 5, United States Trust is encouraged to transfer to the ad- objectives of the general management plan Code, governing appointments in the com- ministrative jurisdiction of the Secretary approved for the Presidio, the Trust shall petitive service, and may pay them without open space areas which have a high public manage the leasing, maintenance, rehabili- regard to the provisions of chapter 51, and use potential and are contiguous to other tation, repair and improvement of property subchapter III of chapter 53, title 5, United lands administered by the Secretary. within the Presidio which is under its admin- States Code (relating to classification and (2) The Secretary shall transfer, with the istrative jurisdiction. The Trust may partici- General Schedule pay rates). transfer of administrative jurisdiction over pate in the development of programs and ac- (4) To augment or encourage the use of any property, all leases, concessions, li- tivities at the properties that have been non-Federal funds to finance capital im- censes, permits, and other agreements relat- transferred to the Trust. In exercising its provements on Presidio properties trans- ing to such property. Upon the transfer of powers and duties, the Trust shall have the ferred to its jurisdiction, the Trust, in addi- such property the Secretary shall transfer following authorities: tion to its other authorities, shall have the the unobligated balance of all funds appro- (1) The Trust is authorized to manage, following authorities: priated to the Secretary for the operation of lease, maintain, rehabilitate and improve, (A) The authority to guarantee any lender the Presidio, together with any revenues and either directly or by agreement, those prop- against loss of principal or interest on any unobligated funds associated with leases, erties within the Presidio which are trans- loan, provided that (i) the terms of the guar- concessions, licenses, permits, and agree- ferred to the Trust by the Secretary. antee are approved by the Secretary of the ments relating to properties transferred to (2)(A) The Trust is authorized to negotiate Treasury, (ii) adequate guarantee authority the Trust. and enter into such agreements, leases, con- is provided in appropriations Acts, and (iii) (c) BOARD OF DIRECTORS.— tracts and other arrangements with any per- such guarantees are structured so as to mini- (1) IN GENERAL.—The powers and manage- son, firm, association, organization, corpora- mize potential cost to the Federal Govern- ment of the Trust shall be vested in a Board tion or governmental entity, including with- ment. No loan guarantee under this Act shall of Directors (hereinafter referred to as the out limitation entities of Federal, State and cover more than 75 percent of the unpaid bal- ‘‘Board’’) consisting of the following 7 mem- local governments (except any agreement to ance of the loan. The Secretary of the Treas- bers: convey fee title to any property located at ury shall collect a commercially reasonable (A) The Secretary of the Interior or the the Presidio) as are necessary and appro- guarantee fee in connection with each loan Secretary’s designee. priate to finance and carry out its author- guaranteed under this Act. The authority to (B) Six individuals, who are not employees ized activities. Agreements under this para- enter into any such loan guarantee agree- of the Federal Government, appointed by the graph may be entered into without regard to ment shall expire at the end of 12 years after President, who shall possess extensive section 321 of the Act of June 30, 1932 (40 the date of enactment of this Act. knowledge and experience in one or more of U.S.C. 303b). (B) The authority, subject to available ap- the fields of city planning, finance, real es- (B) Except as provided in subparagraphs propriations, to make loans to the occupants tate, and resource conservation. At least 3 of (C), (D), and (E), Federal laws and regula- of property managed by the Trust for the September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9099

preservation, restoration, maintenance, or (f) BUILDING CODE COMPLIANCE.—The Trust of all Federally appropriated funding for repair of such property. shall bring all properties under its jurisdic- public safety and fire protection purposes on (C) The authority to issue obligations to tion into compliance with Federal building lands or facilities administered by the Trust the Secretary of the Treasury, but only if codes and regulations appropriate to use and at the end of 5 complete fiscal years after es- the Secretary of the Treasury agrees to pur- occupancy within 10 years after the enact- tablishment of the Trust. For each of the 11 chase such obligations after determining ment of this Act. fiscal years after fiscal year 1997, there are that the projects to be funded from the pro- (g) TAXES.—The Trust shall be exempt authorized to be appropriated to the Trust ceeds thereof are credit worthy and that a from all taxes and special assessments of not more than the amounts specified in such repayment schedule is established. The Sec- every kind in the State of California, and its plan. Such sums shall remain available until retary of the Treasury is authorized to use as political subdivisions, including the city and expended. a public debt transaction the proceeds from county of San Francisco. (m) GAO AUDIT.—Ten years after the date the sale of any securities issued under chap- (h) FINANCIAL INFORMATION AND REPORT.— of establishment of the Trust, the General ter 31 of title 31, United States Code, and the (1) The Trust shall be treated as a wholly Accounting Office shall conduct a complete purposes for which securities may be issued owned Government corporation subject to audit of the activities of the Trust and shall under such chapter are extended to include chapter 91 of title 31, United States Code report the results of that audit to the appro- any purchase of such notes or obligations ac- (commonly referred to as the Government priate congressional committees. The Gen- quired by the Secretary of the Treasury Corporation Control Act). Financial state- eral Accounting Office shall include in that under this subsection. The aggregate amount ments of the Trust shall be audited annually audit an analysis of the ability of the Trust of obligations issued under this subpara- in accordance with section 9105 of title 31 of to initiate payments to the Treasury. graph which are outstanding at any one time the United States Code. (n) SEPARABILITY OF PROVISIONS.—If any may not exceed $50,000,000. Obligations is- (2) At the end of each calendar year, the provisions of this Act or the application sued under this subparagraph shall be in Trust shall submit to the Congress a com- thereof to any body, agency, situation, or such forms and denominations, bearing such prehensive and detailed report of its oper- circumstance is held invalid, the remainder maturities, and subject to such terms and ations, activities, and accomplishments for of the Act and the application of such provi- conditions, as may be prescribed by the Sec- the prior fiscal year. The report also shall in- sion to other bodies, agencies, situations, or retary of the Treasury, and shall bear inter- clude a section that describes in general circumstances shall not be affected thereby. terms the Trust’s goals for the current fiscal est at a rate determined by the Secretary of The SPEAKER pro tempore. Pursu- the Treasury, taking into consideration cur- year. rent market yields on outstanding market- (i) SAVINGS CLAUSE.—Nothing in this sec- ant to the rule, the gentleman from able obligations of the United States of com- tion shall preclude the Secretary from exer- Utah [Mr. HANSEN] will be recognized parable maturities. No funds appropriated to cising any of the Secretary’s lawful powers for 20 minutes, and the gentleman from the Trust may be used for repayment of prin- within the Presidio. New Mexico [Mr. RICHARDSON] will be (j) LEASING.—In managing and leasing the cipal or interest on, or redemption of, obliga- properties transferred to it, the Trust should recognized for 20 minutes. tions issued under this paragraph. All obliga- consider the extent to which prospective ten- The Chair recognizes the gentleman tions purchased under authority of this sub- ants maximize the contribution to the imple- from Utah [Mr. HANSEN]. paragraph must be authorized in advance in mentation of the General Management Plan Mr. HANSEN. Mr. Speaker, I yield appropriations Acts. for the Presidio and to the generation of rev- (D) The Trust shall be deemed to be a pub- myself such time as I may consume. enues to offset costs of the Presidio. The lic agency for the purpose of entering into (Mr. HANSEN asked and was given Trust shall give priority to the following joint exercise of powers agreements pursuant permission to revise and extend his re- categories of tenants: tenants that enhance to California government code section 6500 marks.) the financial viability of the Presidio there- and following. by contributing to the preservation of the Mr. HANSEN. Mr. Speaker, I rise in (5) The Trust may solicit and accept dona- scenic beauty and natural character of the strong support of H.R. 1296, bipartisan tions of funds, property, supplies, or services area; tenants that facilitate the cost-effec- legislation introduced by the gentle- from individuals, foundations, corporations, tive preservation of historic buildings and other private or public entities for the woman from San Francisco, which ad- through their reuse of such buildings, or ten- purpose of carrying out its duties. The Trust dresses what to do with the Presidio of ants that promote through their activities shall maintain philanthropic liaison with the San Francisco. Mr. Speaker, because of the general programmatic content of the Golden Gate National Park Association, the a single sentence in a 23-year-old piece plan. fund raising association for the Golden Gate (k) REVERSION.—If the Trust reasonably de- of legislation, the Presidio has the po- National Recreation Area. termines by a two-thirds vote of its Board of tential to become the most expensive (6) Notwithstanding section 1341 of title 31 Directors that it has materially failed to, or area in the National Park System. I be- of the United States Code, all proceeds re- cannot, carry out the provisions of this Act, lieve that the framework outlined in ceived by the Trust shall be retained by the all lands and facilities administered by the Trust, and such proceeds shall be available, this legislation for future management Trust shall revert to the Secretary of De- of the Presidio embodies the type of in- without further appropriation, for the pres- fense to be disposed of in accordance with ervation, restoration, operation and mainte- novative thinking and reduced depend- section 2905(b) of the Defense Authorization ence on the Federal Government which nance, improvement, repair and related ex- Act of 1990 (104 Stat. 1809), except that— penses incurred with respect to Presidio (1) the terms and conditions of all agree- voters sought last November, and I properties under its jurisdiction. Upon the ments and loans regarding such lands and fa- commend Ms. PELOSI for leading the request of the Trust, the Secretary of the cilities entered into by the Trust shall be way with her legislation. Treasury shall invest excess moneys of the binding on any successor in interest; and In 1989, the Department of the Army, Trust in public debt securities with matu- (2) the city of San Francisco shall have the through the base closure process, de- rities suitable to the needs of the Trust. first right of refusal to accept all lands and (7) The Trust may sue and be sued in its termined that the Presidio was surplus facilities formerly administered by the to their needs. The 1972 Act establish- own name to the same extent as the Federal Trust. Government. Litigation arising out of the (l) LIMITATIONS ON FUNDING.—(1) From ing Golden Gate National Recreation activities of the Trust shall be conducted by amounts made available to the Secretary for Area called for the administrative ju- the Attorney General, as needed; except that the operation of areas within the Golden risdiction of the Presidio to be trans- the Trust may retain private attorneys to Gate National Recreation Area, not more ferred to the National Park Service, if provide advice and counsel, and to represent than $25,000,000 shall be available to carry it was ever determined to be surplus to the Trust in proceedings to enforce and de- out this Act in each fiscal year after the en- the needs of the Department of the fend the contractual obligations of the actment of this Act until the plan is submit- Trust. Army. Thus began a lengthy, multi- ted under paragraph (2). Such sums shall re- million dollar planning effort by the (8) The Trust shall have all necessary and main available until expended. proper powers for the exercise of the authori- (2) Within one year after establishment of NPS to determine the future of the ties invested in it. the Trust, the Trust shall submit to Con- area. (9) For the purpose of compliance with ap- gress a plan which includes a schedule of an- To their credit, from the outset the plicable laws and regulations concerning nual decreasing Federally appropriated fund- NPS recognized that the 6 million properties transferred to the Trust by the ing such as will achieve total self-sufficiency square feet of building space at the Secretary, the Trust shall negotiate directly for the Trust within 12 complete fiscal years with regulatory authorities. Presidio was far more space than the after establishment of the Trust. That plan NPS could use. With hospitals, (e) INSURANCE.—The Trust shall procure in- shall provide for annual reductions in Feder- surance against any loss in connection with ally appropriated funding such that the warehousing, 1500 housing units, fast the properties managed by it or its author- Trust will be 80 percent self-sufficient at the food outlets, bowling alleys, churches, ized activities as is reasonable and cus- end of 7 complete fiscal years after establish- gymnasiums, as well as over 500 his- tomary. ment. The plan shall provide for elimination toric buildings, it was an area unlike H 9100 CONGRESSIONAL RECORD — HOUSE September 18, 1995 any ever managed by the NPS. Unfor- reason, I appreciate even more the ef- only viable solution to dealing with the tunately, the NPS plan failed to exam- forts of Ms. PELOSI to work to resolve Presidio. As much as some may like ine all the reasonable alternatives for my concerns and those of others on the idea, sale, or transfer will not the Presidio. this bill. I urge my colleagues to join work. Those options would involve a After spending nearly 4 years and me in supporting this important bill cumbersome and costly 10–15 year proc- over $1 million, the NPS came up with and look forward to swift action on ess with no assurance of success in the a plan estimated to cost nearly $700 this bill in the Senate. end. million in one-time capital expendi- I support H.R. 1296, as amended, and b tures and $40 million in annual operat- 1715 would urge its adoption by the House. ing costs for the foreseeable future to Mr. Speaker, I reserve the balance of Mr. Speaker, I yield 5 minutes to the implement. It was a plan with lots of my time. gentlewoman from California [Ms. pretty pictures and interesting ideas Mr. RICHARDSON. Mr. Speaker, I PELOSI]. about a world center for social, cul- yield myself such time as I may Ms. PELOSI. Mr. Speaker, I thank tural, and environmental awareness; consume. the gentleman from New Mexico [Mr. but it was a plan with no basis in re- (Mr. RICHARDSON asked and was RICHARDSON] for yielding this time to ality. In fact, the plan was so unreal- given permission to revise and extend me, and for his cooperation in bringing istically dependent on Federal funding, his remarks.) this legislation to the floor, and his that if allowed to go forward it ap- Mr. RICHARDSON. Mr. Speaker, H.R. kind words about this bill. I am pleased peared likely that the resources of the 1296, as reported from the committee, to join my colleagues, the gentleman Presidio would be in great jeopardy. represents what we hope is a workable from Alaska [Mr. YOUNG] the gen- The media is already reporting how the compromise regarding the manage- tleman from Utah [Mr. HANSEN], and Presidio has fallen into disrepair in the ment of the Presidio. This important the ranking member, the gentleman 11 months since the National Park measure was originally introduced by from California [Mr. MILLER], in bring- Service took over the area and began my good friend and colleague, NANCY ing H.R. 1296 before the House today. implementation of their plan. PELOSI. The gentlewoman is to be com- As chairman of the subcommittee, the Under the National Park Service mended for her hard work and dedica- gentleman from Utah [Mr. HANSEN] has plan, the cost to operate the 1,400 acres tion in addressing the issues facing the worked tirelessly providing the leader- of Golden Gate National Recreation management of the Presidio. Rep- ship and the framework for the legisla- Area within the Presidio was going to resentative PELOSI has worked tire- tion before us today to reduce Federal be more than twice as much as the lessly to protect her constituents’ in- exposure at the Presidio while preserv- most expensive park in the park sys- terests and the national interests at ing the Presidio in the public domain. tem; Yellowstone National Park which the Presidio. I commend her for seek- Chairman HANSEN has been firm in his costs about $20 million per year to op- ing to protect the nationally signifi- intent to reduce costs, steadfast in his erate its 2.3 million acres. cant resources of the Presidio while pursuit of a compromise, and deter- While the Presidio is a beautiful lo- being mindful of budgetary restraints. mined in his bipartisan approach. I am cation, and certainly one of the most The Presidio contains a combination grateful to him for his efforts on behalf outstanding urban settings in the of natural, historical, and recreational of the Presidio. The ranking member, country, if not in the world, it is not resources which are both significant the gentleman from California [Mr. the type of area which should be man- and unique. There should be no ques- MILLER], has been a defender of the aged by the National Park Service. tion about the high degree of national Presidio for many years. As always, I Based on considerable review of the sit- significance of the Presidio, nor about am grateful for his leadership, advice, uation over the last several years, the our obligation to preserve and inter- and support. Phil Burton, a former committee has come to the conclusion pret these resources for present and fu- Member of this body, a leader here, that the most effective way to reduce ture generations. would be proud of the gentleman from costs at the Presidio, and ultimately to The real question facing the Congress California’s role in this effort. I also save it, is to turn management of large is how do we succeed in preserving the appreciate the cooperation of the gen- portions of it over to those with exper- precious national assets of the Presidio tleman from Alaska [Mr. YOUNG]. I tise in management of such properties. in a manner which is sensitive to the want to thank the Members on the Re- Therefore, this legislation estab- budgetary restraints of the Federal publican side who believed in H.R. 1296 lishes the nonprofit Presidio Trust to Government. Already the Presidio is enough to cosponsor the legislation: take over management of about 80 per- being operated at a significant cost the gentleman from New York [Mr. cent of the Presidio, consisting of most savings when compared to its previous GILMAN], the gentleman from Califor- of the built environment. Under the operation as a military post. Rep- nia [Mr. HORN], the gentleman from proposal before us today, the National resentative PELOSI’s legislation is an California [Mr. GALLEGLY], the gen- Park Service would retain responsibil- innovative solution for operating the tleman from California [Mr. ity for management of the undeveloped Presidio in the most cost-effective RADANOVICH], the gentleman from Ne- open space areas and primary rec- manner. This is a bipartisan effort that braska [Mr. BEREUTER]; and on our side reational use activities, as well as key has not only had the active support of my colleague, the gentleman from San historic structures, such as Fort Point. the administration, but also of the Francisco, CA [Mr. LANTOS]. I appre- This is not a new idea. In fact, in re- Governor, the mayor, and the San ciate their confidence in the Presidio viewing the legislative history of the Francisco community, particularly the Trust legislation and their desire to see 1972 act, that is precisely the role business community. this bill passed by Congress today. which was envisioned for the National Clearly, Mr. Speaker, the amendment Before I go any further, Mr. Speaker, Park Service by the author of the law. in the nature of a substitute that was I also want to acknowledge the hard Under terms of the bill, Federal fund- agreed to in the committee is a com- work and dedication of my staff person, ing for portions of the Presidio trans- promise document. It is something my administrative assistant, Judy ferred to the Presidio Trust would be that, nevertheless, preserves a great Lemons, who also worked on the Inte- phased out after 12 years. This rep- part of our American heritage while re- rior Committee, when it was called resents a savings of hundreds of mil- ducing the cost to the Federal Govern- that, under Phillip Burton on the sub- lions of dollars compared to the plan ment. I am concerned though, that the committee. She was present at the developed by the National Park Serv- amendment sets unrealistic deadlines birth of the Golden Gate National ice. for achieving financial self-sufficiency. Recreation Area. When we celebrate It has not been easy to convince However, I recognize that we all had to the Presidio from post to park, it will those who still believe that the Federal compromise in order to reach agree- be in large measure because of the hard Government has all the answers and ment and I want to thank Mr. HANSEN work of Judy Lemons, and her work unlimited funds that such a solution is for all his work on this matter. would not have been successful without the best one for the Presidio. In fact, Mr. Speaker, we need to move ahead the cooperation, advice, and counsel of some remain unconvinced. For this with H.R. 1296. This legislation is the Steve Hodag on the minority side, and September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9101

I want to publicly thank Steve. We my statement in the RECORD, but I colleagues to support the Presidio leg- have not always agreed on the ap- would like to state for the RECORD pub- islation. proach to the Presidio, but, under the licly that the Presidio Trust would Mr. Speaker, I am pleased to join my col- leadership of gentleman from Utah comply with the National Historic leagues, Chairman YOUNG, Chairman HANSEN, [Mr. HANSEN] and the framework for Preservation Act, the National Envi- and ranking member GEORGE MILLER, in bring compromise that he established, I ronmental Policy Act, the National H.R. 1296 before the House today. think we produced a great product that Historic Landmark Act, the GGNRA Mr. HANSEN and I have worked side by side will reach our goals of reducing cost to general management plan. over recent months to develop a bill that the taxpayers while preserving this na- The SPEAKER pro tempore (Mr. would reduce the Federal exposure at the Pre- tional treasure. FOLEY). The time of the gentlewoman sidio while preserving the Presidio in the pub- Before again I go any further, Mr. from California [Ms. PELOSI] has ex- lic domain. Chairman HANSEN has been firm in Speaker, I want to acknowledge with pired. his intent to reduce costs, steadfast in his pur- great gratitude the role that the U.S. Mr. HANSEN. Mr. Speaker, I yield 2 suit of a compromise and determined in his bi- Army has played in the Presidio. They additional minutes to the gentlewoman partisan approach. I am grateful to him for his have created the rich historic and envi- from California. efforts on behalf of the Presidio. ronmental resource that it it today. Ms. PELOSI. Mr. Speaker, in addi- The ranking member, Mr. MILLER, has been They planted the trees, they preserved tion to complying with all of these a defender of the Presidio for many years. As the history, they trained our soldiers, laws, H.R. 1296, Presidio Trust legisla- always, I am grateful for his leadership, ad- and they have left a great legacy to our tion, support covers a broad spectrum vice, and support. Phil Burton would be proud Nation, and so it is in that spirit that from environmental groups, commu- of his part in this effort. I also appreciate the we move this legislation to take the nity organizations, and historic preser- cooperation of Chairman DON YOUNG. Presidio from post to park in a way vation groups to national business I also want to thank the members who be- that preserves the heritage that they leaders. The ranking member, the gen- lieve in H.R. 1296 and cosponsored the bill: invested in for so long. tleman from New Mexico [Mr. RICHARD- Mr. GILMAN, Mr. HORN, Mr. GALLEGLY, Mr. Support for the Golden Gate National SON], mentioned some of these, and I RADANOVICH, Mr. BEREUTER, and Mr. LANTOS. Recreation Area, of which the Presidio will just briefly mention them and I appreciate their confidence in the Presidio will be a part, has, as I mentioned, we place in the RECORD leaders and lists Trust and their desire to see this bill passed have bipartisan supporters for this leg- from these organizations and lists of by Congress. islation, but bipartisan support for other organizations, a letter from the A RICH MILITARY HISTORY urban parks, the GGNRA, along with National Historic Trust for Preserva- Many of you are familiar with the Presidio, Gateway NRA in New York was cham- tion, the Sierra Club, the Presidio Task and many of you have visited or served in the pioned by President Nixon, his belief Force, People for the Golden Gate Na- military at the Presidio. It represents a har- that, quote, parks should be brought to tional Recreation Area, San Francisco mony of history that spans a history as old as the people, end of quote. There was Tomorrow, and a letter signed by some our democracy. Since 1776, the Presidio has strong bipartisan support in Congress of the Nation’s leading CEO’s and busi- served under the flags of three nationsÐ for these urban national park initia- ness leaders strongly supporting the Spain, Mexico, and the United States. tives when they were approved in 1972. legislation. The list goes on and on. As This rich military history is blended with a At that time former Representative the gentleman from New Mexico men- cultural landscape which includes the Ohlone Phillip Burton authorized the legisla- tioned, the Governor of California, the Indians who lived in the area 5,000 years be- tion, authorized the creation of the mayor of San Francisco, and also the fore the Spanish arrived, the Spanish who Golden Gate National Recreation Area. League of Women Voters. A complete colonized California, the American pioneers I will place my full statement in the list is included for the RECORD. who settled the West, followers of the gold RECORD, Mr. Speaker, but I just did Mr. Speaker, in closing I would like rush, and immigrants from Asia and soldiers want to say briefly that H.R. 1296 cre- to say the picture of the Presidio in the returning from war whose first sight of home ates a Presidio Trust to implement the GGNRA, of which this is a part, would was the Presidio. conversion from post to park. This bill not be complete without mentioning The Presidio has played a role in every was introduced on March 22, 1995. It the work of Amy Meier, who has been major American military conflict since the represents a bipartisan, and I keep say- engaged in efforts to preserve the Mexican-American War. In 1898, thousands of ing that word, effort to merge eco- GGNRA and Presidio for almost 25 troops camped in tent cities awaiting shipment nomic realities, as the gentleman from years. There are hundreds of others in to the Philippines. The returning wounded Utah [Mr. HANSEN] acknowledged, with our community who were involved in were treated in the Army's first permanent park stewardship in order to maximize the 5-year planning process for the Pre- general hospitalÐnow Letterman Hospital. revenue potential and minimize the sidio. Community leaders from the San With the attack on Pearl Harbor, the United cost to American taxpayers. I believe Francisco Bay area have also devoted States entered World War II, and Presidio sol- the legislation achieves these twin their considerable talent and time to diers dug foxholes along nearby beaches. Al- goals in its plan for the first time actu- participate in the community and in most 2 million soldiers embarked from the ally to reduce Federal cost for our na- congressional hearings on behalf of the Presidio to fight in the Pacific. In the 1950's tional park. Presidio Trust. They are stalwarts be- the Nike missile defense system was situated Concerns were raised last year, as the yond comparison, and I greatly appre- around the Golden Gate and the Presidio be- gentleman from Utah [Mr. HANSEN] ciate their work. came the headquarters for the 6th Army. mentioned, about the cost of operating In further closing, Mr. Speaker, I Troops from the Presidio have come to the aid the Presidio under the National Park want to thank my many colleagues of San Franciscans during two major earth- Service. The majority and minority in who have made a special effort to learn quakes. The U.S. Army has been a good this Congress have worked to address more about the Presidio and the con- neighbor and we appreciate its important con- many of these concerns. That is why I cept of the trust. Many of the San tribution to our community and service to our am so proud that we have the support Francisco Bay area community deserve Nation. of the gentleman from Utah [Mr. HAN- praise for their constant support and AN ENVIRONMENTAL TREASURE SEN] in this legislation. The version of effort on behalf of the Presidio and for Speaking objectively, the Presidio's natural H.R. 1296 before us today actually is future generations. environment and its scenic panoramas are un- the Hansen substitute, reflects many Mr. Speaker, I think that in passing surpassed in the world. At the confluence of areas of compromise which were in- this legislation we will not only set up the Pacific Ocean and San Francisco Bay, the tended to protect taxpayers as well as a model for how we can go from post to Presidio anchors the Golden GateÐa symbol to preserve the unique qualities of the park, a model for how we can fund na- to west coast immigrants much like the Statue Presidio, as I have described. Mr. tional parks in the least exposure to of Liberty. Speaker, it calls for self-sufficiency in the taxpayer, but also a model of bipar- The Presidio's natural areas are a refuge to a time certain. tisan support in this Congress on how native plants and wildlife. Its urban forest of al- Mr. Speaker, in the interests of time, we can work together to achieve our most one-half million trees planted by the as I say, I am going to place more of goals, aside from once again urging our Army over 100 years ago is surrounded by H 9102 CONGRESSIONAL RECORD — HOUSE September 18, 1995 acres of sand dunes and coastal bluffs. It is WHERE WE ARE TODAY The list goes on to include many more sup- the site of the world's only urban biosphere re- H.R. 1296, to create a Presidio trust, was portersÐthe League of Women Voters, the serve designated by the United Nations. This introduced on March 22, 1995, represents a Governor of California, the mayor of San Fran- natural backdrop provides recreational activi- bipartisan effort to merge economic reality with cisco; a complete list of neighborhood organi- ties and opportunities for outdoor exploration park stewardship in order to maximize reve- zations and other groups is included for the to the Presidio's many visitors. nue potential and minimize the cost to Amer- RECORD. The Golden Gate National Recreation Area, ican taxpayers. I believe the legislation This picture of the Presidio and the of which the Presidio is a part, is the most vis- achieves these twin goals in its plan to, for the GGNRA, of which it is a part, would be incom- ited national park in the systemÐwith over 20 first time, actually reduce Federal costs for a plete without mentioning the work of Amy million annual visitors. Visitation to the Pre- national park. Meyer who has been engaged in efforts to sidio is expected to double within the next few Concerns were raised last year about the preserve the GGNRA and Presidio for almost years to reach approximately 9 million people. cost of operating the Presidio under the Na- 25 years. There are hundreds of others who While this presents only a snapshot of the tional Park Service. The majority and minority were involved in the 5-year planning process Presidio, I hope it gives you an image of the in this Congress have worked to address for the Presidio. Community leaders from San graceful contoursÐthe historic, cultural, and many of these concerns. The version of H.R. Francisco have also devoted their consider- natural elementsÐthat embrace a special 1296 before you today reflects many areas of able talents and time to participate in the com- place. compromise which are intended to protect tax- munity and in Congressional hearings on be- payers as well as to preserve the unique half of the Presido Trust. They are stalwarts FROM POST TO PARK qualities of the Presidio that I have described. beyond comparison and I greatly appreciate Through the initiative of former Representa- Again, I would like to emphasize the impor- their hard work. tive Phillip Burton, Congress in 1972 author- tance of providing a workable period of time in PRO BONO AND PHILANTHROPIC SUPPORT ized the creation of the Golden Gate National which the Presidio trust could demonstrate its Recreation Area [GGNRA], a magnificent col- success. The Pennsylvania Avenue Develop- The concept of a Presidio trust is based on lection of park and historic sites surrounding ment Corporation [PADC] engaged in a similar the independent study of 19 management San Francisco's Golden GateÐPublic Law rehabilitation project to restore the Avenue of models which recommended this particular 92±589. the Presidents here in our nation's capital. It paradigm as workable at the Presidio. All of Creation of the GGNRA, along with Gate- took over 20 years to accomplish the restora- these studies emphasized the need for auton- way NRA in New York, was championed by tion, but it is done and it is a success. Chair- omy, flexibility, long-term leasing and private sector expertise. The Presidio trust concept President Nixon in his belief that parks should man HANSEN has been very supportive in his be brought to the people. There was strong bi- efforts to develop a framework for success. I was then embraced by the National Park partisan support in Congress for these urban hope these efforts will be continued as the Service in its Presidio general management national park initiatives when they were ap- Senate considers H.R. 1296 so that cost re- plan. The Presidio has probably been the sub- proved in 1972. duction remains a primary goal, but also so ject of more independent analyses than any base closure in the country. The list of private The Presidio of San Francisco was included that we create a model equipped with a time sector, pro bono consultants who have re- in the GGNRA authorization so that its lands frame sufficient to meet the challenge before viewed this project include Arthur Anderson & would also be incorporated into the GGNRA us. Co., McKinsey & Co., Keyser Marston Associ- when no longer required by the Department of SUPPORTERS OF H.R. 1296 ates, Mancini-Mills, Morrison and Foerster and Defense [DOD]. The language in Public Law The support for H.R. 1296 covers a broad Curtis Feeny of the Stanford Management Co. 92±589 states: ``When all or any substantial spectrumÐfrom environmental groups, com- They have consistently recommended the portion of the remainder of the Presidio is de- munity organizations, and historic preservation management structure outlined in H.R. 1296. termined by the Department of Defense to be groups to national business leaders. in excess of its needs, such lands shall be In addition to the efforts provided by these A letter from the National Trust for Historic consultants, considerable pro bono servicesÐ transferred to the jurisdiction of the Secretary Preservation states: ``The Presidio is one of (of Interior) for the purposes of this Act.'' amounting to almost $4 millionÐhave been this country's most significant military sites, provided to the Presidio. This effort was begun In 1988, the Presidio was included in the and its cultural, historic and natural resources by the Presidio council, comprised of promi- first round of base closures recommended by are extraordinary . . . The Presidio needs the nent professionals from the fields of business, the Base Realignment and Closure Commis- catalyst and well-managed oversight that only finance, education, environment, architecture sionÐBRAC IÐPublic Law 100±526. Subse- a management vehicle such as the Presidio and planning, government and philanthropy quent to this recommendation, BRAC II rec- Trust can provide.'' and chaired by James Harvey, chairman of ommended that the 6th Army Headquarters be A letter from the Sierra Club Presidio Task TransAmerica. These national leaders orga- retained at the Presidio on an interim basis Force states: ``H.R. 1296 will enable the Pre- nized in 1991 to provide planning assistance and under a lease agreement with the Na- sidio to be a sustainable national park unit, to the park service and to solicit contributions tional Park Service. An agreement was nego- managed for the benefit of ours and future to the Presidio. tiated and later withdrawn by a DOD decision generations. That is good park policy, good This philanthropic campaign is continuing to permanently relocate the 6th Army Head- fiscal policy and good governmental policy.'' under the leadership of the Golden Gate Na- quarters elsewhere. A letter from people for a GGNRA states: tional Park Association [GGNPA] where over In the 5 years following this decision, hun- ``Our nation deserves to have the Golden $15 million has been raised for the GGNRA dreds of people from the local community par- Gate, the western entrance to the United since 1982 and another $10 million is ex- ticipated in the planning sessions to develop States, honored with a park that preserves its pected to be raised for Presidio improvements the general management plan. In 1993, I intro- splendor and its history. All the efforts of the to supplement the major philanthropic effort. A duced H.R. 3433 to create a new manage- private sector are needed to make that preser- major requirement for philanthropic support is ment entity, a trust, to lease Presidio prop- vation a success.'' creation of a Presidio trust to manage the Pre- erties in cooperation with the National Park A letter from San Francisco Tomorrow sidio's properties. Service. The concept of a trust was included states: ``In order to preserve the historic and in the National Park Service Presidio General scenic Presidio for all people for all time, San CONFIRMATION OF MARKETABILITY Management Plan [GMP] and, hearings were Francisco Tomorrow endorses the Presidio H.R. 1296 includes a deadline for total self conducted by the House Subcommittee on Trust to enable the Presidio National Park to sufficiency in 12 years. While I recognize the National Parks on May 10, 1994, and H.R. pay its own way with minimal dependence on need for the trust to achieve self sufficiency 3433 was passed by the House on August 18, public funds.'' over a given time period, I must add that the 1994, by a vote of 245 to 168. A letter cosigned by some of the Nation's time frame outlined in H.R. 1296 is not sup- H.R. 3433 was approved unanimouslyÐ20 leading CEO's and business leaders states: ported by any of the independent studies that to 0Ðby the Senate Committee on Energy ``We strongly support legislation currently be- have been conducted on the Presidio's finan- and Natural Resources on September 21, fore your committee that would bring efficient, cial viability. 1994. The Senate failed to complete action on business-like management and cost-effective Because of the need to reduce costs and to H.R. 3433 in the final days of the 103d Con- financing to the Presidio, a National Historic demonstrate the intent to reduce costs in the gress. On September 30, 1994, the Presidio Landmark and National Park at California's legislation, advice was sought from a known officially became part of the GGNRA. scenic Golden Gate.'' real estate entity which faced a challenge September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9103 similar to the Presidio's. An independent ana- members must comply with the requirements concept of the trust. Members of the San lyst was engaged to review the park service of the Ethics in Government Act and Federal Francisco community also deserve great figures and to determine the financial basis on financial disclosure policy. In short, Mr. Speak- praise for their constant support and efforts on which the legislation could stand. er, the laws that apply to the GGNRA also behalf of preserving the Presidio for future After reviewing the Presidio's properties, the apply to the trust. generations. Our actions today are in keeping analysis confirmed the Presidio's marketability H.R. 1296 costs less than last year's bill be- with the leadership of Phillip Burton to pre- and revenue potential, and that revenues of cause rehabilitation costs are transferred to serve this great national treasure. between $15 to $25 million could be gen- tenants. Costs are further reduced through I further want to acknowledge the U.S. Army erated within a 12- to 15-year period. In testi- streamlined management, aggressive leasing, for creating the rich historic and environmental mony before the Senate, Curtis Feeny, vice long-term leases, more demolition, broader resource it is today. They planted the trees, president for real estate with the Stanford tenancies and phased-in code compliance. preserved our history, trained our soldiers, and Management Co. stated: ``The key to meeting Last year's cost estimates included both oper- left a great legacy to our nation. the financial challenge posed by the Presidio ations and capital improvements which re- Thank you, Mr. Speaker, I urge my col- is to capture the value of the property in the sulted in a higher figure that many assumed leagues to support this cost-saving measure. form of capital that can then be used to im- was for operations only. Operations would be Vote ``yes'' on H.R. 1296. prove and maintain the park. I believe the substantially reduced through creation of the SUPPORT FOR PRESIDIO TRUST value of the Presidio's real estate, if used in Presidio trust and most capital costs would be BUSINESS LEADERS combination with cost reduction measures, will borne by tenants. AirTouch Communications. enable the Presidio's built environment to pay The Presidio trust would manage the reve- Bank of America NT & SA. its own way over time.'' nue-producing properties with the goal of self- Basic American, Inc. H.R. 1296 sufficiency in a national park context and the Bay Area Council. The Presidio trust would provide for the National Park Service would operate the open- Bay Area Economic Forum. long-term lease of buildings to rent-paying ten- space areas of the Presidio. While the Na- The Gap, Inc. ants. There are over 800 structures at the Pre- tional Park Service has been a good steward The Glen Ellen Company. Richard Goldman & Co. sidio, comprising more than 6 million square of the Presidio, I believe a stronger effort is Hellman and Friedman. feet of space, most of which possess revenue warranted on their part to recognize the fiscal Hispanic Contractors Association. potential to sustain the Presidio's real estate reality that exists and to take immediate steps International Wine Marketing Association. and to realize a savings to the Federal Gov- to reduce costs. In light of the progress on Lane Publishing. ernment. Over half of these structures are his- H.R. 1296 in Congress, I hope plans are un- Leach Capital. toric. Revenues from leases would be retained derway to downscale operations, administra- McKesson Corporation. and used to offset costs at the Presidio, re- tive costs and staff so that the trust will have Pacific Gas and Electric Company. Presidio Council. ducing the need for federal appropriations. the benefit of maximizing the federal invest- San Francisco Chamber of Commerce. Capital improvements would be financed pri- ment in the Presidio. Park service costs can San Francisco Hispanice Chamber of Com- marily from private sources and tenant financ- be cut and they should beÐstarting now. merce. ing. A hearing on H.R. 1296 was conducted by Scotch Plywood Co. The trust would be governed by a board of the Subcommittee on National Parks, Forests Swinerton & Walberg. seven members, including the Secretary of the and Lands on May 16, 1995, and the legisla- Texas Pacific Group. Interior and members from the fields of prop- tion was marked up by the subcommittee on Transamerica Corporation. erty and financial management and resource June 27, 1995. The full Resources Committee COMMUNITY AND CIVIC LEADERS conservation. Congress would have oversight reported H.R. 1296 on July 12, 1995, for floor Governor Wilson, State of California. of the trust with the requirement that an an- consideration. In addition to this committee re- State Assembly, California Legislature. nual report and audit be conducted. At the end view of the legislation, many members of the Mayor Jordan, City of San Francisco. of 10 years,the General Accounting Office Appropriations and Resources Committees in Board of Supervisors, City of San Fran- cisco. would conduct a comprehensive audit of the the House and Senate have visited the Pre- Bret Harte Terrace and Francisco Street trust's financial activities. The Presidio trust sidio to review its progress. Neighborhood Association. would be subject to the provisions of the Gov- Crafted in the context of our current fiscal Golden Gate National Park Association. ernment Corporation Control Act. The net ef- and political landscape, H.R. 1296 is a reflec- League of Women Voters of California. fect of this financing structure would sustain tion of cost consciousness, innovative thinking, League of Women Voters of San Francisco. the trust and reduce overall park operations bipartisan cooperation, and a strong apprecia- League of Women Voters of the United and the need for federal appropriations. tion for the natural and historic landscape with States. A number of protections are provided in which we, as members of our Nation's highest Los Californianos. H.R. 1296 which would restrict development of Neighborhood Associations for Presidio representative body, have been temporarily Planning. the Presidio and ensure public participation. entrusted. North Beach Neighbors. Under the legislation, public access and open Mr. Speaker, as a member of the Appropria- People for a Golden Gate National Recre- space are preserved. The Golden Gate Na- tions Committee, I understand quite well the ation Area. tional Recreation Advisory Commission would difficulty that each of us faces in the current Presidio Heights Association of Neighbors. continue its role as a conduit for public com- fiscal environment. We must reduce spending San Francisco Bay Area Interfaith Coali- ment and information. At least one annual where we can and in such a way as to protect tion. public board meeting in San Francisco would our people and our national heritage. Our San Francisco Planning and Urban Re- be required. charge is to be both cost conscious and inno- search Association. The trust would comply with the National vative. OTHER ORGANIZATIONS Historic Act and the National Environmental For nearly 150 years, the Federal Govern- American Institute of Architects. Policy Act. There are no exemptions for its op- ment has invested in the Presidio as an Army American Society of Landscape Architects. erations and nothing in this bill would affect post; this investment should be protected. The Asian American Architects and Engineers. the national historic landmark status of the Earth Island Institute. best way to protect this asset is by creating a Environmental Defense Fund Fort Mason Presidio. The trust must also act in accord- management and financial mechanism that will Center. ance with the GGNRA's park purposes identi- enable the Presidio to be used and to pay for Golden Gate National Recreation Area and fied in the enabling legislation and the general itself. Point Reyes National Seashore Advisory objectives of the general management plan. I H.R. 1296 is a good government approach Commission. might add that it is unique in the legislative that recognizes fiscal realities and offers a Laborers’ International Union of North process to reference a general management less costly, private-sector approach to man- America. plan at all and the inclusion of this language agement of our important federal assets at the League of Conservation Voters. is considered extraordinary. Presidio. It provides a means to utilize valu- National Park System Advisory Board. National Parks and Conservation Associa- Limits on new construction are included in able real estate assets to underwrite a broader tion. the leasing and management program to be public purpose. National Japanese American Historical So- developed jointly by the trust and the park In closing, Mr. Speaker, I want to thank my ciety. service. No board member is to have any fi- many colleagues who have made a special ef- Natural Resources Defense Council. nancial interest in the Presidio and all board fort to learn more about the Presidio and the Sierra Club. H 9104 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Travel Industry Association of America. ported so that we will not diminish Mr. RICHARDSON. Mr. Speaker, I Trust for Public Land. their value, their characteristics, and yield back the balance of my time. The Wilderness Society. their importance to both the Nation The SPEAKER pro tempore (Mr. William Penn Mott, Jr Memorial Fund. and to the regions. FOLEY). The question is on the motion Mr. RICHARDSON. Mr. Speaker, I Mr. Speaker, I also would like to offered by the gentleman from Utah yield 3 minutes to the gentleman from thank Judy Lemons, who has worked [Mr. HANSEN] that the House suspend California [Mr. MILLER]. terribly hard, Steve Hodapp, who came the rules and pass the bill, H.R. 1296, as Mr. MILLER of California. Mr. at this, with all of the support and ef- amended. Speaker, I thank the gentleman for forts and difference of views of various The question was taken. yielding, and I really rise to thank the constituency groups, and allowed us to Mr. HANSEN. Mr. Speaker, on that I members of the committee who have fashion this legislation. I urge my col- demand the yeas and nays. worked so terribly hard on behalf of leagues to support it. The yeas and nays were ordered. this legislation. It has taken a great Mr. HANSEN. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- deal of tenacity and it has taken a myself such time as I may consume to ant to clause 5 of rule I and the Chair’s great deal of patience to bring this leg- again commend the gentlewoman from prior announcement, further proceed- islation to the floor but it is clear that California [Ms. PELOSI] for the fine ings on this motion will be postponed. this legislation is in the best interest work that she has done on this. I do f of the Nation and it is in the best in- not know if the people in the bay area terest of the Presidio. realize the hundreds of hours she and TEXAS LOW-LEVEL RADIOACTIVE One need only stop for a moment at her staff put into this and they should WASTE DISPOSAL COMPACT CON- the Presidio to recognize immediately be very proud of her work. Without her SENT ACT why this wonderful, wonderful national work, I would guarantee Members this Mr. SCHAEFER. Mr. Speaker, I move asset has such broad popular support would not be in front of us today. to suspend the rules and pass the bill across the Nation from every conceiv- There is no question, she is a very per- (H.R. 558) to grant the consent of the able part of American society, but sistent legislator. Congress to the Texas Low-Level Ra- Mr. Speaker, I have no further re- bringing all those disparate parts to- dioactive Waste Disposal Compact. quests for time, and I yield back the gether is hard work and takes a great The Clerk read as follows: balance of my time. deal of patience and a great deal of H.R. 558 counsel. Our colleague, the gentle- Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may Be it enacted by the Senate and House of Rep- woman from California, Congress- resentatives of the United States of America in woman PELOSI, provided the strategy, consume. In summary, I want to reiterate what Congress assembled, the counsel, and the patience; and our SECTION 1. SHORT TITLE. colleague, the gentleman from Utah, the chairman of the subcommittee said. I think the gentlewoman from This Act may be cited as the ‘‘Texas Low- [Mr. HANSEN], provided the counsel and Level Radioactive Waste Disposal Compact a great deal of patience in dealing with California [Ms. PELOSI] and the gen- Consent Act’’. tleman from California [Mr. MILLER] this legislation. SEC. 2. CONGRESSIONAL FINDING. What has emerged is a bipartisan who has worked many years on this The Congress finds that the compact set piece of legislation supported by every bill, many, many years to get it forth in section 5 is in furtherance of the level of government, every level of citi- through, I think they deserve enor- Low-Level Radioactive Waste Policy Act (42 zen group, every level of national orga- mous credit and we should pass this U.S.C. 2021b et seq.). nization for the preservation for the bill. It is good legislation. I think we SEC. 3. CONDITIONS OF CONSENT TO COMPACT. Presidio. There was no question that can look at it to deal with other issues The consent of the Congress to the com- pact set forth in section 5— the Presidio was going to become a as we look at dealing with parks in the future, instead of park closure commis- (1) shall become effective on the date of park. That has been done. The question sions. I think this is a good bill, and I the enactment of this Act; and the challenge has been how can we have no further requests for time. (2) is granted subject to the provisions of best support that park, finance that Ms. WOOLSEY. Mr. Speaker, for those of the Low-Level Radioactive Waste Policy Act park and deliver all of the assets and (42 U.S.C. 2021b et seq.); and you who might not be familiar with the Pre- all of the uses of the park to the Amer- (3) is granted only for so long as the re- sidio, it is the southern anchorage of the Gold- ican people and to those of us who live gional commission established in the com- en Gate Bridge and the centerpiece of the in the San Francisco Bay area. This pact complies with all of the provisions of Golden Gate National Recreation AreaÐthe such Act. legislation achieves those goals while most visited national park in the entire Na- trying to get the very best bang for the SEC. 4. CONGRESSIONAL REVIEW. tional Park System. The Congress may alter, amend, or repeal buck for the taxpayers and trying to The entire Presidio was designated a Na- this Act with respect to the compact set make sure that we can maintain all of tional Historic Landmark in 1962. It is a show- forth in section 5 after the expiration of the the reasons and all of the assets of the case of architectural styles dating from the 10-year period following the date of the en- Presidio that make it such a charming Civil War. It contains 876 structures, over half actment of this Act, and at such intervals addition, an important addition to the of which are of historic or cultural significance. thereafter as may be provided in such com- Park Service, and to the cultural his- In addition, the Presidio is the only United pact. tory of this Nation and of the bay area Nations designated International Biosphere in SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE that that long history will be preserved DISPOSAL COMPACT. an urban area. It is home to 21 rare and en- In accordance with section 4(a)(2) of the with this legislation. dangered species and 10 rare plant commu- Low-Level Radioactive Waste Policy Act (42 Mr. Speaker, this is an important nities that have disappeared in the rest of San U.S.C. 2021d(a)(2)), the consent of the Con- piece of legislation. There really is no Francisco. It encompasses 300 acres of his- gress is given to the States of Texas, Maine, other alternative. This legislation was toric forest planted by the U.S. Army over 100 and Vermont to enter into the Texas Low- born out of months and weeks and years ago. Sites throughout the Presidio pro- Level Radioactive Waste Disposal Compact. hours of deliberations of other ways of vide spectacular views of the Pacific Ocean, Such compact is substantially as follows: meeting the goals and the needs of sup- the Golden Gate Bridge, Marin headlands, ‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE port for the Presidio, and that is what San Francisco Bay, and the skyline of San DISPOSAL COMPACT has emerged out of those deliberations. Francisco. It is adjacent to the largest marine ‘‘ARTICLE I. POLICY AND PURPOSE I would hope that the House would sup- sanctuary chain in the world. ‘‘SEC. 1.01. The party states recognize a re- port it overwhelmingly. I would hope The Presidio is unique in its historical, cul- sponsibility for each state to seek to manage that they recognize that if this is suc- tural, and natural reach. If you have not seen low-level radioactive waste generated within cessful, this is, in fact, the blueprint it, you should. It is a dramatic site that you will its boundaries, pursuant to the Low-Level for how we can work out arrangements Radioactive Waste Policy Act, as amended never forget. by the Low-Level Radioactive Waste Policy for other assets within the Federal H.R. 1296 protects these resources, through Amendments Act of 1985 (42 U.S.C. 2021b– Government’s park system and pre- a Presidio Trust, while requiring cost-effective 2021j). They also recognize that the United serve system so that they can be both management of the Presidio. Vote for H.R. States Congress, by enacting the Act, has utilized and they can be properly sup- 1296. authorized and encouraged states to enter September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9105 into compacts for the efficient management ‘‘(15) ‘Transporter’ means a person who 2045, including decommissioning waste. The and disposal of low-level radioactive waste. transports low-level radioactive waste. shipments of low-level radioactive waste It is the policy of the party states to cooper- ‘‘ARTICLE III. THE COMMISSION from all non-host party states shall not ex- ate in the protection of the health, safety, ceed 20 percent of the volume estimated to ‘‘SEC. 3.01. There is hereby established the and welfare of their citizens and the environ- Texas Low-Level Radioactive Waste Disposal be disposed of by the host state during the ment and to provide for and encourage the Compact Commission. The commission shall 50-year period. When averaged over such 50- economical management and disposal of low- consist of one voting member from each year period, the total of all shipments from level radioactive waste. It is the purpose of party state except that the host state shall non-host party states shall not exceed 20,000 this compact to provide the framework for be entitled to six voting members. Commis- cubic feet a year. The commission shall co- such a cooperative effort; to promote the sion members shall be appointed by the ordinate the volumes, timing, and frequency health, safety, and welfare of the citizens party state governors, as provided by the of shipments from generators in the non-host and the environment of the party states; to laws of each party state. Each party state party states in order to assure that over the limit the number of facilities needed to ef- may provide alternates for each appointed life of this agreement shipments from the fectively, efficiently, and economically man- member. non-host party states do not exceed 20 per- age low-level radioactive waste and to en- ‘‘SEC. 3.02. A quorum of the commission cent of the volume projected by the commis- courage the reduction of the generation consists of a majority of the members. Ex- sion under this paragraph. thereof; and to distribute the costs, benefits, cept as otherwise provided in this compact, ‘‘SEC. 3.05. The commission may: and obligations among the party states; all an official act of the commission must re- ‘‘(1) Employ staff necessary to carry out in accordance with the terms of this com- ceive the affirmative vote of a majority of its duties and functions. The commission is pact. its members. authorized to use to the extent practicable ‘‘ARTICLE II. DEFINITIONS ‘‘SEC. 3.03. The commission is a legal en- the services of existing employees of the ‘‘SEC. 2.01. As used in this compact, unless tity separate and distinct from the party party states. Compensation shall be as deter- the context clearly indicates otherwise, the states and has governmental immunity to mined by the commission. following definitions apply: the same extent as an entity created under ‘‘(2) Accept any grants, equipment, sup- ‘‘(1) ‘Act’ means the Low-Level Radio- the authority of Article XVI, Section 59, of plies, materials, or services, conditional or active Waste Policy Act, as amended by the the Texas Constitution. Members of the com- otherwise, from the federal or state govern- Low-Level Radioactive Waste Policy Amend- mission shall not be personally liable for ac- ment. The nature, amount and condition, if ments Act of 1985 (42 U.S.C. 2021b–2021j). tions taken in their official capacity. The li- any, of any donation, grant or other re- ‘‘(2) ‘Commission’ means the Texas Low- abilities of the commission shall not be sources accepted pursuant to this paragraph Level Radioactive Waste Disposal Compact deemed liabilities of the party states. and the identity of the donor or grantor shall Commission established in Article III of this ‘‘SEC. 3.04. The commission shall: be detailed in the annual report of the com- compact. ‘‘(1) Compensate its members according to mission. ‘‘(3) ‘Compact facility’ or ‘facility’ means the host state’s law. ‘‘(3) Enter into contracts to carry out its any site, location, structure, or property lo- ‘‘(2) Conduct its business, hold meetings, duties and authority, subject to projected re- cated in and provided by the host state for and maintain public records pursuant to sources. No contract made by the commis- the purpose of management or disposal of laws of the host state, except that notice of sion shall bind a party state. low-level radioactive waste for which the public meetings shall be given in the non- ‘‘(4) Adopt, by a majority vote, bylaws and party states are responsible. host party states in accordance with their rules necessary to carry out the terms of this ‘‘(4) ‘Disposal’ means the permanent isola- respective statutes. compact. Any rules promulgated by the com- tion of low-level radioactive waste pursuant ‘‘(3) Be located in the capital city of the mission shall be adopted in accordance with to requirements established by the United host state. the Administrative Procedure and Texas States Nuclear Regulatory Commission and ‘‘(4) Meet at least once a year and upon the Register Act (Article 6252–13a, Vernon’s the United States Environmental Protection call of the chair, or any member. The gov- Texas Civil Statutes). Agency under applicable laws, or by the host ernor of the host state shall appoint a chair ‘‘(5) Sue and be sued and, when authorized state. and vice-chair. by a majority vote of the members, seek to ‘‘(5) ‘Generate,’ when used in relation to ‘‘(5) Keep an accurate account of all re- intervene in administrative or judicial pro- low-level radioactive waste, means to ceipts and disbursements. An annual audit of ceedings related to this compact. produce low-level radioactive waste. the books of the commission shall be con- ‘‘(6) Enter into an agreement with any per- ‘‘(6) ‘Generator’ means a person who pro- ducted by an independent certified public ac- son, state, regional body, or group of states duces or processes low-level radioactive countant, and the audit report shall be made for the importation of low-level radioactive waste in the course of its activities, exclud- a part of the annual report of the commis- waste into the compact for management or ing persons who arrange for the collection, sion. disposal, provided that the agreement re- transportation, management, treatment, ‘‘(6) Approve a budget each year and estab- ceives a majority vote of the commission. storage, or disposal of waste generated out- lish a fiscal year that conforms to the fiscal The commission may adopt such conditions side the party states, unless approved by the year of the host state. and restrictions in the agreement as it commission. ‘‘(7) Prepare, adopt, and implement contin- deems advisable. ‘‘(7) ‘Host county’ means a county in the gency plans for the disposal and manage- ‘‘(7) Upon petition, allow an individual gen- host state in which a disposal facility is lo- ment of low-level radioactive waste in the erator, a group of generators, or the host cated or is being developed. event that the compact facility should be state of the compact, to export low-level ‘‘(8) ‘Host state’ means a party state in closed. Any plan which requires the host waste to a low-level radioactive waste dis- which a compact facility is located or is state to store or otherwise manage the low- posal facility located outside the party being developed. The State of Texas is the level radioactive waste from all the party states. The commission may approve the pe- host state under this compact. states must be approved by at least four host tition only by a majority vote of its mem- ‘‘(9) ‘Institutional control period’ means state members of the commission. The com- bers. The permission to export low-level ra- that period of time following closure of the mission, in a contingency plan or otherwise, dioactive waste shall be effective for that pe- facility and transfer of the facility license may not require a non-host party state to riod of time and for the specified amount of from the operator to the custodial agency in store low-level radioactive waste generated low-level radioactive waste, and subject to compliance with the appropriate regulations outside of the state. any other term or condition, as is deter- for long-term observation and maintenance. ‘‘(8) Submit communications to the gov- mined by the commission. ‘‘(10) ‘Low-level radioactive waste’ has the ernors and to the presiding officers of the ‘‘(8) Monitor the exportation outside of the same meaning as that term is defined in Sec- legislatures of the party states regarding the party states of material, which otherwise tion 2(9) of the Act (42 U.S.C. 2021b(9)), or in activities of the commission, including an meets the criteria of low-level radioactive the host state statute so long as the waste is annual report to be submitted on or before waste, where the sole purpose of the expor- not incompatible with management and dis- January 31 of each year. tation is to manage or process the material posal at the compact facility. ‘‘(9) Assemble and make available to the for recycling or waste reduction and return ‘‘(11) ‘Management’ means collection, con- party states, and to the public, information it to the party states for disposal in the com- solidation, storage, packaging, or treatment. concerning low-level radioactive waste man- pact facility. ‘‘(12) ‘Operator’ means a person who oper- agement needs, technologies, and problems. ‘‘SEC. 3.06. Jurisdiction and venue of any ates a disposal facility. ‘‘(10) Keep a current inventory of all gen- action contesting any action of the commis- ‘‘(13) ‘Party state’ means any state that erators within the party states, based upon sion shall be in the United States District has become a party in accordance with Arti- information provided by the party states. Court in the district where the commission cle VII of this compact. Texas, Maine, and ‘‘(11) By no later than 180 days after all maintains its office. Vermont are initial party states under this members of the commission are appointed ‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND compact. under Section 3.01 of this article, establish OBLIGATIONS OF PARTY STATES ‘‘(14) ‘Person’ means an individual, cor- by rule the total volume of low-level radio- ‘‘SEC. 4.01. The host state shall develop and poration, partnership or other legal entity, active waste that the host state will dispose have full administrative control over the de- whether public or private. of in the compact facility in the years 1995– velopment, management and operation of a H 9106 CONGRESSIONAL RECORD — HOUSE September 18, 1995 facility for the disposal of low-level radio- ‘‘(3) Develop and enforce procedures requir- ments in the same total amount as stated active waste generated within the party ing generators within its borders to mini- above to be made to meet the principal and states. The host state shall be entitled to un- mize the volume of low-level radioactive interest expense associated with the bond in- limited use of the facility over its operating waste requiring disposal. Nothing in this debtedness or other form of indebtedness is- life. Use of the facility by the non-host party compact shall prohibit the storage, treat- sued by the appropriate agency of the host states for disposal of low-level radioactive ment, or management of waste by a genera- state for purposes associated with the devel- waste, including such waste resulting from tor. opment, operation, and post-closure mon- decommissioning of any nuclear electric gen- ‘‘(4) Provide the commission with any data itoring of the compact facility. In the event eration facilities located in the party states, and information necessary for the implemen- the member states proceed in this manner, is limited to the volume requirements of tation of the commission’s responsibilities, the payment schedule shall be determined in Section 3.04(11) of Article III. including taking those actions necessary to accordance with the schedule of debt repay- ‘‘SEC. 4.02. Low-level radioactive waste obtain this data or information. ment. This schedule shall replace the pay- generated within the party states shall be ‘‘(5) Pay for community assistance projects ment schedule described in Section 5.01 of disposed of only at the compact facility, ex- designated by the host county in an amount this article. cept as provided in Section 3.05(7) of Article for each non-host party state equal to 10 per- ‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES III. cent of the payment provided for in Article V ‘‘SEC. 6.01. No person shall dispose of low- ‘‘SEC. 4.03. The initial states of this com- for each such state. One-half of the payment level radioactive waste generated within the pact cannot be members of another low-level shall be due and payable to the host county party states unless the disposal is at the radioactive waste compact entered into pur- on the first day of the month following rati- compact facility, except as otherwise pro- suant to the Act. fication of this compact agreement by Con- vided in Section 3.05(7) of Article III. ‘‘SEC. 4.04. The host state shall do the fol- gress and one-half of the payment shall be ‘‘SEC. 6.02. No person shall manage or dis- lowing: due and payable on the first day of the pose of any low-level radioactive waste with- ‘‘(1) Cause a facility to be developed in a month following the approval of a facility in the party states unless the low-level ra- timely manner and operated and maintained operating license by the host state’s regu- dioactive waste was generated within the through the institutional control period. latory body. party states, except as provided in Section ‘‘(2) Ensure, consistent with any applicable ‘‘(6) Provide financial support for the com- 3.05(6) of Article III. Nothing herein shall be federal and host state laws, the protection mission’s activities prior to the date of facil- construed to prohibit the storage or manage- and preservation of the environment and the ity operation and subsequent to the date of ment of low-level radioactive waste by a gen- public health and safety in the siting, design, congressional ratification of this compact erator, nor its disposal pursuant to 10 C.F.R. development, licensing, regulation, oper- under Section 7.07 of Article VII. Each party Part 20.302. ation, closure, decommissioning, and long- state will be responsible for annual pay- ‘‘SEC. 6.03. Violations of this article may term care of the disposal facilities within ments equalling its pro-rata share of the result in prohibiting the violator from dis- the host state. commission’s expenses, incurred for adminis- posing of low-level radioactive waste in the ‘‘(3) Close the facility when reasonably trative, legal, and other purposes of the com- compact facility, or in the imposition of pen- necessary to protect the public health and mission. alty surcharges on shipments to the facility, safety of its citizens or to protect its natural ‘‘(7) If agreed by all parties to a dispute, as determined by the commission. resources from harm. However, the host submit the dispute to arbitration or other al- ‘‘ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT; state shall notify the commission of the clo- ternate dispute resolution process. If arbitra- CONGRESSIONAL CONSENT; WITHDRAWAL; EX- sure within three days of its action and tion is agreed upon, the governor of each CLUSION party state shall appoint an arbitrator. If shall, within 30 working days of its action, ‘‘SEC. 7.01. The states of Texas, Maine, and provide a written explanation to the com- the number of party states is an even num- Vermont are party states to this compact. mission of the closure, and implement any ber, the arbitrators so chosen shall appoint Any other state may be made eligible for adopted contingency plan. an additional arbitrator. The determination party status by a majority vote of the com- ‘‘(4) Establish reasonable fees for disposal of a majority of the arbitrators shall be bind- mission and ratification by the legislature of at the facility of low-level radioactive waste ing on the party states. Arbitration proceed- the host state, subject to fulfillment of the generated in the party states based on dis- ings shall be conducted in accordance with rights of the initial non-host party states posal fee criteria set out in Sections 402.272 the provisions of 9 U.S.C. Sections 1 to 16. If under Section 3.04(11) of Article III and Sec- and 402.273, Texas Health and Safety Code. all parties to a dispute do not agree to arbi- tion 4.01 of Article IV, and upon compliance The same fees shall be charged for the dis- tration or alternate dispute resolution proc- with those terms and conditions for eligi- posal of low-level radioactive waste that was ess, the United States District Court in the bility that the host state may establish. The generated in the host state and in the non- district where the commission maintains its host state may establish all terms and condi- host party states. Fees shall also be suffi- office shall have original jurisdiction over tions for the entry of any state, other than cient to reasonably support the activities of any action between or among parties to this the states named in this section, as a mem- the Commission. compact. ber of this compact; provided, however, the ‘‘(5) Submit an annual report to the com- ‘‘(8) Provide on a regular basis to the com- specific provisions of this compact, except mission on the status of the facility, includ- mission and host state— for those pertaining to the composition of ing projections of the facility’s anticipated ‘‘(A) an accounting of waste shipped and the commission and those pertaining to Sec- future capacity, and on the related funds. proposed to be shipped to the compact facil- tion 7.09 of this article, may not be changed ‘‘(6) Notify the Commission immediately ity, by volume and curies; except upon ratification by the legislatures upon the occurrence of any event which ‘‘(B) proposed transportation methods and of the party states. could cause a possible temporary or perma- routes; and ‘‘SEC. 7.02. Upon compliance with the other nent closure of the facility and identify all ‘‘(C) proposed shipment schedules. provisions of this compact, a state made eli- reasonable options for the disposal of low- ‘‘(9) Seek to join in any legal action by or gible under Section 7.01 of this article may level radioactive waste at alternate compact against the host state to prevent nonparty become a party state by legislative enact- facilities or, by arrangement and Commis- states or generators from disposing of low- ment of this compact or by executive order sion vote, at noncompact facilities. level radioactive waste at the facility. of the governor of the state adopting this ‘‘(7) Promptly notify the other party states ‘‘SEC. 4.06. Each party state shall act in compact. A state becoming a party state by of any legal action involving the facility. good faith and may rely on the good faith executive order shall cease to be a party ‘‘(8) Identify and regulate, in accordance performance of the other party states re- state upon adjournment of the first general with federal and host state law, the means garding requirements of this compact. session of its legislature convened after the and routes of transportation of low-level ra- ‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS executive order is issued, unless before the dioactive waste in the host state. ‘‘SEC. 5.01. Each party state, except the adjournment, the legislature enacts this ‘‘SEC. 4.05. Each party state shall do the host state, shall contribute a total of $25 compact. following: million to the host state. Payments shall be ‘‘SEC. 7.03. Any party state may withdraw ‘‘(1) Develop and enforce procedures requir- deposited in the host state treasury to the from this compact by repealing enactment of ing low-level radioactive waste shipments credit of the low-level waste fund in the fol- this compact subject to the provisions here- originating within its borders and destined lowing manner except as otherwise provided. in. In the event the host state allows an ad- for the facility to conform to packaging, Not later than the 60th day after the date of ditional state or additional states to join the processing, and waste from specifications of congressional ratification of this compact, compact, the host state’s legislature, with- the host state. each non-host party state shall pay to the out the consent of the non-host party states, ‘‘(2) Maintain a registry of all generators host state $12.5 million. Not later than the shall have the right to modify the composi- within the state that may have low-level ra- 60th day after the date of the opening of the tion of the commission so that the host state dioactive waste to be disposed of at a facil- compact facility, each non-host party state shall have a voting majority on the commis- ity, including, but not limited to, the shall pay to the host state an additional $12.5 sion, provided, however, that any modifica- amount of low-level radioactive waste and million. tion maintains the right of each initial party the class of low-level radioactive waste gen- ‘‘SEC. 5.02. As an alternative, the host state state to retain one voting member on the erated by each generator. and the non-host states may provide for pay- commission. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9107

‘‘SEC. 7.04. If the host state withdraws from modification does not impair the rights of Colorado [Mr. SCHAEFER] will be recog- the compact, the withdrawal shall not be- the initial non-host party states. nized for 20 minutes, and the gen- come effective until five years after enact- ‘‘ARTICLE VIII. CONSTRUCTION AND tleman from New Jersey [Mr. PALLONE] ment of the repealing legislation and the SEVERABILITY will be recognized for 20 minutes. non-host party states may continue to use ‘‘SEC. 8.01. The provisions of this compact the facility during that time. The financial Mr. BRYANT of Texas. Mr. Speaker, shall be broadly construed to carry out the might I ask if the gentleman from New obligation of the non-host party states under purposes of the compact, but the sovereign Article V shall cease immediately upon en- powers of a party shall not be infringed upon Jersey [Mr. PALLONE] is opposed to the actment of the repealing legislation. If the unnecessarily. bill? host state withdraws from the compact or ‘‘SEC. 8.02. This compact does not affect Mr. PALLONE. No, Mr. Speaker, I abandons plans to operate a facility prior to any judicial proceeding pending on the effec- am in favor of the bill. the date of any non-host party state pay- tive date of this compact. Mr. BRYANT of Texas. Inasmuch as ment under Sections 4.05(5) and (6) of Article ‘‘SEC. 8.03. No party state acquires any li- that is the case, Mr. Speaker, I request IV or Article V, the non-host party states ability, by joining this compact, resulting I be permitted to manage the time on are relieved of any obligations to make the from the siting, operation, maintenance, contributions. This section sets out the ex- long-term care or any other activity relating this side in opposition to the bill. clusive remedies for the non-host party to the compact facility. No non-host party The SPEAKER pro tempore. The gen- states if the host state withdraws from the state shall be liable for any harm or damage tleman from Texas [Mr. BRYANT] will compact or is unable to develop and operate from the siting, operation, maintenance, or be recognized for 20 minutes in opposi- a compact facility. long-term care relating to the compact facil- tion to the bill. ‘‘SEC. 7.05. A party state, other than the ity. Except as otherwise expressly provided The Chair recognizes the gentleman host state, may withdraw from the compact in this compact, nothing in this compact by repealing the enactment of this compact, from Colorado [Mr. SCHAEFER]. shall be construed to alter the incidence of Mr. SCHAEFER. Mr. Speaker, I yield but this withdrawal shall not become effec- liability of any kind for any act or failure to tive until two years after the effective date act. Generators, transporters, owners and op- myself such time as I may consume. of the repealing legislation. During this two- erators of facility shall be liable for their (Mr. SCHAEFER asked and was given year period the party state will continue to acts, omissions, conduct or relationships in permission to revise and extend his re- have access to the facility. The withdrawing accordance with applicable law. By entering marks.) party shall remain liable for any payments into this compact and securing the ratifica- Mr. SCHAEFER. Mr. Speaker, I rise under Sections 4.05(5) and (6) of Article IV tion by Congress of its terms, no party state in support of H.R. 558, introduced by that were due during the two-year period, acquires a potential liability under section our colleague from Texas [Mr. FIELDS], and shall not be entitled to any refund of 5(d)(2)(C) of the Act (42 U.S.C. Sec. which would grant congressional con- payments previously made. 2021e(d)(2)(C)) that did not exist prior to en- ‘‘SEC. 7.06. Any party state that substan- tering into this compact. sent to the Texas, Maine, Vermont tially fails to comply with the terms of the ‘‘SEC. 8.04. If a party state withdraws from Low-level Radioactive Waste Disposal compact or to fulfill its obligations here- the compact pursuant to Section 7.03 of Arti- Compact. In 1980, Congress made the under may have its membership in the com- cle VII or has its membership in this com- policy decision that we at the Federal pact revoked by a seven-eighths vote of the pact revoked pursuant to section 7.06 of Arti- level would divide responsibility for ra- commission following notice that a hearing cle VII, the withdrawal or revocation shall dioactive waste disposal within the will be scheduled not less than six months not affect any liability already incurred by from the date of the notice. In all other re- or chargeable to the affected state under States. The Federal Government would spects, revocation proceedings undertaken Section 8.03 of this article. be responsible for the disposal of high- by the commission will be subject to the Ad- ‘‘SEC. 8.05. The provisions of this compact level waste while the States would han- ministrative Procedure and Texas Register shall be severable and if any phrase, clause, dle the low-level wastes. These low- Act (Article 6252–13a, Vernon’s Texas Civil sentence, or provision of this compact is de- level wastes emit a less intensity of ra- Statutes), except that a party state may ap- clared by a court of competent jurisdiction dioactivity. In fact, the vast majority peal the commission’s revocation decision to to be contrary to the constitution of any of low-level waste, 97 percent, do not participating state or of the United States or the United States District Court in accord- require any special shielding to protect ance with Section 3.06 of Article III. Revoca- the applicability thereof to any government, tion shall take effect one year from the date agency, person or circumstances is held in- workers or the surrounding commu- such party state receives written notice from valid, the validity of the remainder of this nity. Currently, 42 States are already the commission of a final action. Written no- compact and the applicability thereof to any involved in 9 compact arrangements for tice of revocation shall be transmitted im- government, agency, person, or circumstance the disposal of low-level waste. mediately following the vote of the commis- shall not be affected thereby to the extent Mr. Speaker, the legislation before sion, by the chair, to the governor of the af- the remainder can in all fairness be given ef- the House today will finally allow the fected party state, all other governors of fect. If any provision of this compact shall be held contrary to the constitution of any States of Texas, Maine, and Vermont party states, and to the United States Con- to begin their efforts to fully comply gress. state participating therein, the compact ‘‘SEC. 7.07. This compact shall take effect shall remain in full force and effect as to the with the Low-level Radioactive Waste following its enactment under the laws of state affected as to all severable matters. Act of 1980. the host state and any other party state and ‘‘SEC. 8.06. Nothing in this compact dimin- The responsibility of Congress in ap- thereafter upon the consent of the United ishes or otherwise impairs the jurisdiction, proving the compact is fairly simply. If States Congress and shall remain in effect authority, or discretion of either of the fol- the Texas compact complies with un- lowing: until otherwise provided by federal law. If derlying requirements of the Low-level Texas and either Maine or Vermont ratify ‘‘(1) The United States Nuclear Regulatory Commission pursuant to the Atomic Energy Radioactive Waste Act, Congress must this compact, the compact shall be in full grant approval to the compact. In our force and effect as to Texas and the other Act of 1954, as amended (42 U.S.C. Sec. 2011 et ratifying state, and this compact shall be in- seq.). consideration of this measure before terpreted as follows: ‘‘(2) An agreement state under section 274 the Subcommittee on Energy and ‘‘(1) Texas and the other ratifying state are of the Atomic Energy Act of 1954, as amend- Power, we found that the Texas com- ed (42 U.S.C. Sec. 2021). the initial party states. pact does meet this test. Congressional ‘‘SEC. 8.07. Nothing in this compact confers ‘‘(2) The commission shall consist of two any new authority on the states or commis- consent with allow the affected States voting members from the other ratifying sion to do any of the following: to move ahead with their compact to state and six from Texas. ‘‘(1) Regulate the packaging or transpor- fulfill the requirements of the Federal ‘‘(3) Each party state is responsible for its tation of low-level radioactive waste in a Low-level Waste Act. pro-rata share of the commission’s expenses. manner inconsistent with the regulations of ‘‘SEC. 7.08. This compact is subject to re- Mr. SCHAEFER. Mr. Speaker, I yield the United States Nuclear Regulatory Com- view by the United States Congress and the such time as he may consume to the mission or the United States Department of withdrawal of the consent of Congress every gentleman from Texas [Mr. BONILLA]. Transportation. five years after its effective date, pursuant Mr. BONILLA. Mr. Speaker, I thank ‘‘(2) Regulate health, safety, or environ- to federal law. mental hazards from source, by-product, or the chairman for yielding me time. As ‘‘SEC. 7.09. The host state legislature, with special nuclear material. the chairman knows, this particular the approval of the governor, shall have the project is in my congressional district right and authority, without the consent of ‘‘(3) Inspect the activities of licensees of the non-host party states, to modify the pro- the agreement states or of the United States and I cannot emphasize strongly visions contained in Section 3.04(11) of Arti- Nuclear Regulatory Commission.’’. enough, after Members look into the cle III to comply with Section 402.219(c)(1), The SPEAKER pro tempore. Pursu- people’s eyes and listen to their mes- Texas Health & Safety Code, as long as the ant to the rule, the gentleman from sage in Hudspeth County and the west H 9108 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Texas area and surrounding commu- logical study to be done on the effects Mr. Speaker, perhaps the most im- nities of the Hudspeth County area, that this and future earthquakes would portant thing about the Texas low- this is strongly going to impact their have on the proposed site and just what level waste compact is the progress it property rights and their lives and dis- consequences this would have on water represents. This will be the 10th com- rupt their communities to the degree quality and other health-threatening pact to receive congressional approval, that I think it is difficult for Members concerns. and will bring to 45 the number of here to understand unless they can ac- This legislation has come to the floor States moving forward together to tually hear it from them firsthand. today without a study and without meet their disposal needs. I am very Therefore, I strongly am opposed to knowledge of the potential harm happy to support its passage. this bill, and I believe that this act caused by placing the compact in The compact system envisioned by should be amended, actually to include Hudspeth County. We are talking about the Low-Level Radioactive Waste Pol- the input from local constituents like private property rights here, real peo- icy Act was developed with the strong that when their lives can be disrupted. ple, real lives. support of the National Governors’ As- My constituents should never be forced Again, I ask that the Congress oppose sociation. Under the law, the difficult to accept the low-level radioactive the compact. task of selecting disposal sites is the waste generated outside of Texas with- Mr. SCHAEFER. Mr. Speaker, I ap- States’ responsibility. Congress’ re- out first having their wishes considered preciate the gentleman’s concern from sponsibility, on the other hand, is to at the Federal level, nor should any his own district down there. act quickly on the compact’s request American community, for that matter. Mr. Speaker, I reserve the balance of and, if all is in order, to approve it Mr. Speaker, I ask my colleagues to my time. promptly. think of this vote as if it was their con- Mr. BRYANT of Texas. Mr. Speaker, The Texas compact meets the law’s stituents being affected and whose I yield myself such time as I may requirements, and I urge my colleagues voices were being silenced. All of our consume. to support it. constituents have a right to be heard Mr. Speaker, the Constitution of the Mr. BRYANT. Mr. Speaker, I yield 5 on such matters. United States gives to Congress the minutes to the gentleman from El In 1986, 7 years before I was elected to right to approve compacts between the Paso, TX [Mr. COLEMAN]. the U.S. House of Representatives, States, and when a compact is clearly (Mr. COLEMAN asked and was given Congress passed legislation granting not in the interest of the people of the permission to revise and extend his re- each individual State the authority to United States of America, notwith- marks.) make a disposal agreement with other standing what may have been done be- Mr. COLEMAN. Mr. Speaker, I thank States. tween the two States, it is the duty of my colleague from Dallas, TX, for This measure is in keeping with the the Congress to reject that compact. yielding me this time. interstate commerce clause of the U.S. We will offer today compelling argu- Mr. Speaker, I agree with the state- Constitution. ments with regard to the national in- ments by the gentleman adjoining my It was designed to be fair and mutu- terest about why this compact should congressional district, the gentleman ally beneficial to all participants; and be rejected and would call upon the from Texas [Mr. BONILLA], who rep- it is, for the most part, except for the Members of the House to join with us resents the district, the area in which one party which is directly impacted— in sending this compact back to be the low-level radioactive waste dump the people who live at the selected dis- handled in a different fashion at the site was to be located, or is to be lo- posal sites. This fact makes all the dif- local level. cated if we continue down this awk- ference as to why H.R. 558 is not good The fact of the matter is the States ward path. I say awkward simply be- legislation. involved avoided the politically un- cause I do not really care what the Although the States have control in comfortable decisions and, therefore, Congress said back in 1980 or 1982, that determining site selection, today, we in made an irresponsible decision to lo- said low level, you do it; high level, we Congress can give my constituents a cate this nuclear waste dump in a very will do it. Low level, we will leave it to voice by voting ‘‘no’’ on this measure unfortunate place, within 14 miles of the States. So long as we care about and demanding that the process be an international border, in an active the health and safety of any American amended to consider local rights. earthquake zone which is next to the citizen, I do not think we can wash our I am aware of a Federal circuit court Rio Grande river, thereby inviting hands of that. ruling, based on interstate commerce Mexico to locate its unpleasant dump Mr. Speaker, I think the statements law, which requires States to accept sites to the river in the future, also made by my colleague, the gentleman the low-level waste of other States. subjecting the United States to enor- from Texas [Mr. BONILLA], are abso- However, radioactive waste commerce mous liabilities to all the inhabitants lutely on target. I have represented cannot be considered in the same light of the Rio Grande valley should an that area during all of the time that as other interstate commerce. earthquake come, as happened only the siting decisions were being made by This was recognized by Congress last April within 100 miles of this site, the State of Texas, during all of the when the House passed the 1986 legisla- and contaminate the entire lower Rio time that negotiations were ongoing tion which provided a means for re- Grande valley. between Vermont, Texas, and Maine. stricting this form of commerce be- We should not leave out Vermont in b tween States. 1745 any of this discussion, by the way. The Texas-Vermont-Maine compact These compacts are supposed to be They too, like Maine, have aging nu- has the benefit of limiting waste ship- regional in nature. This is not a re- clear facilities that will all have to be ments to those three States. However, gional compact. This is a compact be- dumped somewhere, some day. We there remain serious problems with tween Texas and the State of Maine. know where that will be, provided the this compact. There could hardly be greater distances Congress of the United States does not The language of the compact is not between the two locations. stop going down this path believing completely clear as to whether the This compact is not in the interest of that we can do anything we want. We Commission established under the the country. I urge the Members of the do not care what the consequences are. compact could open the Hudspeth site House to vote against it. Let me tell you why it is especially to waste from even more. In addition, Mr. Speaker, I reserve the balance of difficult today I think for anyone to the people of Hudspeth County are my time. say that they support measures like compelled to accept this waste without Mr. SCHAEFER. Mr. Speaker, I yield this. It should be that the Federal Gov- recourse. It is vital that everyone un- 5 minutes to my good friend, the gen- ernment should not be condoning an- derstand the facts and what is in- tleman from New Jersey [Mr. other financial liability of massive pro- volved. PALLONE]. portions. After all, if in fact we have to Lastly, given the earthquake which Mr. PALLONE. Mr. Speaker, I thank do a cleanup, if there is an accident, recently struck the heart of rural west the gentleman for yielding me this and let me say we are putting it into Texas, I had asked for a detailed geo- time. an area of high earthquake and seismic September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9109 activity. The largest earthquake by the Mr. BONILLA. Mr. Speaker, I think Texas and the Federal Government will bear way in the State of Texas occurred in as the gentleman is speaking reminds the brunt of that liability. 1931, it was right here where they are me of a point made that perhaps no This Congress has made a commitment to putting the dump site. other Member in Congress can testify balance the budget by the year 2002. To do Guess what happened last month? firsthand to the beauty and the pris- so, we have made enormous cuts in the EPA Another earthquake, affecting west tine of the wide open spaces of the part and some say we will continue to cut its budg- Texas as it had not since the 1930’s. of the country we are talking about, et over the next 7 years. We've all seen the Well, I guess everybody is sure that that are unspoiled and untouched by difficulty the EPA has had in cleaning up nothing bad will ever happen. That is any outside influence or contamination superfund sites. It is a long and slow process. what we always say. Why, this earth- or toxic substance. It would be a real Wouldn't it be better if we had prevented the quake, we can sustain these kinds of tragedy to have this suddenly intro- oilspills or unregulated dump sites in the first things if we do this thing right. That is duced into an area like that. place? This compact is the worst of both sce- what everybody always says. Mr. COLEMAN. Mr. Speaker, re- narios. Today, we have an opportunity to save Let me just tell you what. I can tell claiming my time, the gentleman is the Federal Government millions of dollars in you that, however, all of those state- correct. Let me just tell the gen- cleanup costs. We know that the State has ments notwithstanding, it is the poor tleman, it is not just even the problems chosen an active earthquake zone for the siting, coupled with the large loopholes in the area that is going to be dumped dump. Once the leakage occurs, each of you in the very bill you are asking us to upon. There is another issue, and that will know that you could have avoided it. vote on in this compact, which exposed is that we do not limit the volume of When the large cleanup bills roll in, each of the Federal Government, and yes, all waste it must accept from the party you will know that you could have saved the U.S. taxpayers, not just those in Texas, States as well as other contracting Federal Government millions of dollars. as the compact would have you believe, States which will occur. Should you ratify this compact today, I hope not just those in Texas. By the way, Mr. Speaker, I would urge my col- you will pledge to adequately fund the Maine and Vermont will get out of it leagues to vote against this legislation, superfund, the EPA and the necessary clean- pretty easy in the compact itself. But and I hope in the subsequent time we up costs associated with doing what will one this compact exposes all taxpayers to can make the other points that need to day be necessary. an enormous and unreasonable amount be made. Do not think that all Texans are in agree- of liability. Today we are being asked to grant our ap- ment on this compact. Unlike the citizens of I can tell you that this epicenter of proval of the Texas, Vermont, and Maine Low- Maine, the people of Texas were never pro- the earthquake that occurred last Level Radioactive Waste Disposal Compact. vided the opportunity to vote on whether or month is the strongest recorded in While this legislation does not directly deter- not they approve of a compact. The very peo- Texas. I ask why would anybody delib- mine the site of disposal, the State of Texas ple who have endangered their lives by ac- erately dispose of such volatile mate- has already selected the site and is limited by cepting the wastes of other States, the people rials in an area known for its seismic State law to a 200-square-mile area in west of Texas, had no say in the decision. If it was activity? Those are the kinds of ques- Texas. I know that Congress left it to the good enough for the people of Maine, it tions we ought to be asking. States to determine the disposal site. How- Who will ultimately have to pay? ever, this does not mean that we abrogated should have been good enough for the people Well, we know. Under article 8, section our responsibility to ensure that citizens' of Texas. The people of Texas are speaking 8.03, of the compact, the States of Ver- health and safety are not endangered. The out against the compact and the dump site. A mont and Maine will not be held liable Federal Government should not be condoning statewide survey conducted in September for damage incurred due to the siting, another financial liability of massive proportion 1994 showed that 82 percent of Texans don't operation, maintenance, long-term and we should see that international agree- want to accept out-of-State nuclear wastes. care, or any other activity relating to ments we make are lived up to. Yet they never got a vote. Each week another the compact facility. Proponents of the compact ask that we turn city council of county commission passes a I am citing it to you. It is right there our backs on the issue of siting and the flaws resolution objecting to the disposal site. Mr. in the bill. Who does this leave liable? in the compact. They propose that Congress Chairman, I ask unanimous consent to insert Some of us might think, well, maybe it should rubber stamp the actions of the State, these resolutions into the RECORD. is going to be the generators of the regardless of the ramifications. However, it is My second objection to this compact is that waste. Maybe it is going to be the the poor siting, coupled with the large loop- it does not protect Texas by limiting the vol- transporters, the owners, the operators holes in the compact which expose the Fed- ume of waste it must accept from party States of the facility. However, these compa- eral Government to an enormous and unrea- and contracting States. Under this agreement, nies have limited financial resources. If sonable amount of liability. Texas accepts responsibility for both manage- they run out, once again, who do we As evident by the recent earthquake in west ment and disposal as described in article I, leave that to? The taxpayers of Texas Texas, the mountain ranges of west Texas, section 1.01. Management is defined as col- certainly, but also the taxpayers of the northern Mexico and the Chihuahua Desert lection, consolidation, storage, packaging, or rest of the United States in bearing the are areas of seismic activity. The site is near treatment. Treatment is not defined in the brunt of that liability. the epicenter of the earthquake that occurred agreement. However, it is generally accepted I could get into the issue of balancing last month and to the one that struck in 1931, as including incineration. Incineration reduces the budget and how it is that we want the strongest recorded earthquake in Texas. the volume of the waste, but not the level of to reform Superfund and cleanup and The siting authority has stated that they radioactivity. Thus, less volume of waste will all of the things we know that have not planned for earthquakes and that the facility be disposed of at the site, but at a greater happened very economically in terms will be able to handle an earthquake of up to level of radioactivity. of time or efficiency. Again, all I would 7.0 on the richter scale. I ask you, why would It is also unclear if waste imported from say is we should be very careful, I anyone deliberately dispose of such volatile other States, but incinerated in Texas, is think, before we get the United States materials in an area known for its seismic ac- counted under the Texas portion or the non back into another problem of that tivity? Who will ultimately have to pay for the host allotment. Article iii, section 3.04(11) kind. cleanup of this site, because of poor siting? says: ``the shipments of low-level radioactive I do not think anyone here that This American taxpayer, that's who. waste from all non host party states shall not should think all Texans are in agree- Under article VIII, section 8.03 of the com- exceed 20 percent of the volume estimated to ment on this compact. Unlike the citi- pact, the States of Vermont and Maine will not be disposed of by the host state during the zens of Maine, the people of Texas were be held liable for damage incurred due to the 50-year period.'' Shipment volumes are tied never provided the opportunity to vote siting, operation, maintenance, long-term care, exclusively to disposal estimates. The com- on whether or not they approve of this or any other activity relating to the compact fa- pact is silent on how much volume can be compact. cility. Who does this leave liable? One might shipped for management. A substantially larg- Mr. BONILLA. Mr. Speaker, will the think the answer is the generators, transport- er amount of waste can be shipped in and in- gentleman yield? ers, owners, and operators of the facility. How- cinerated than the disposal estimates allow. Mr. COLEMAN. I yield to the gen- ever, these companies have limited financial Incineration of waste will allow more States to tleman from Texas. resources. So, of course, the taxpayers of contract to dispose of their waste in Texas. H 9110 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Unfortunately, the State legislature has and do not have the means to hire high-priced for Radioactive and Hazardous Waste Depos- failed to recognize the tenuous dilemma these lobbyists or the population to influence state its in the Border Zone, held on April 22, 1992, technical flaws have placed upon us. Once the policy. It is an area not unlike the many other in Washington, the State Department com- mitted itself to ‘‘be the means through Texas site is open there will be incredible out- poor, minority communities across the country which the corresponding authorities of the side pressure not to change the contract which have been forced to cohabitate with oth- United States would be made aware of any clause and so it probably will not happen. Why er's radioactive waste. Five million dollars is a information or concern of the Mexican Gov- do these obvious disparities exist? Because, lot of money to anyone, but especially to these ernment in this regard.’’ moneyÐnot the best scienceÐis driving the poor citizens. I would like to point out action As such, Mexico hopes that the United compact process. Texas chose to be the host by our President which speaks to the issue of States takes all the preventive measures at site for other States so that it could earn addi- poor, minority communities such as Sierra its disposal to avoid the possibility of any tional revenue. Texas could have entered into Blanca who are targeted under agreements risk of transboundary damage, or that the U.S. might cause said damage, in compliance a reciprocal compact like Connecticut and sanctioned by this compact. On February 11, with what was agreed upon by both govern- New Jersey whereby each State agrees to 1994, President Clinton signed the Executive ments in Article 2 of the La Paz Convention manage and dispose of its own waste, but re- order on Federal actions to address environ- in the following terms: ‘‘The Parties commit mains protected under the 1985 Low Level mental justice in minority populations and low- themselves as far as it is possible, to adopt Radioactive Waste Disposal Policy Act income populations. This executive order was the appropriate measures to prevent, reduce amendments. It could have entered into a in response to the overwhelming evidence that and eliminate sources of pollution in their compact with a State more regional in nature. minorities and low-income populations are dis- respective territories that affect the border Instead, Texas chose to enter into a compact proportionately burdened with environmental zone of the other.’’ Based on the cited arti- cle, the hazardous waste deposit sites rep- with the prosperous States of Vermont and hazards. Hudspeth County is a prime example resents important sources of transboundary Maine. Each of these States have aging nu- of this. The President directed all Federal pollution. clear plants which will eventually be buried agencies to ensure that the practice not con- At the same time, the second part of the lock, stock, and barrel in Texas. tinue. It is left to Congress to address its re- article indicates that ‘‘the Parties will co- A third objection relates to respecting our bi- sponsibility in the same spirit of this act. operate in the resolution of environmental national agreements. Texas has selected Si- While Congress can not watch over each problems in the border zone for the common erra Blanca, the county seat of Hudspeth action by the States, we do have certain re- good, in accordance with the provisions of this Convention.’’ As such, the fact that the County, as the waste site. The town of Sierra sponsibilities. We have a responsibility to tax- United States Government sets a limit on its Blanca is 20 miles from the Rio Grande River payers not to rubber stamp an agreement responsibility in regard to the actions taking which is the international boundary between which is going to cost them millions of dollars place in its territory, whether by federal, the United States and Mexico. Selection of down the road. We have a responsibility to be state, local authorities or even individuals, this site is in clear violation of the 1983 agree- leaders not followers in matters of civil rights. demonstrates an unwillingness to cooperate ment for cooperation on the environment be- We have a responsibility to protect those with- in finding a solution to environmental prob- tween the United States and Mexico, com- out the means to protect themselves. We have lems, to which it agreed in the Convention of La Paz. monly referred to as the La Paz agreement. a responsibility to abide by our bi-national As it has already been expressed by the Under article 2 of the La Paz agreement the agreements. We can fulfill our responsibility by Mexican Government, to contemplate build- United States and Mexican Government are disallowing this compact until a more suitable ing such a large number of waste deposits directed site is found. near the international boundary or near To the fullest extent practical . . . Adopt Mr. Speaker, I insert the following material international rivers implies that the border the appropriate measures to prevent, reduce, for the RECORD. location was selected, and this is an outrage and eliminate sources of pollution in their UNOFFICIAL TRANSLATION against the legitimate right of the people in respective territory which affect the border the regional communities not to have their The Embassy of Mexico presents its com- area of the other. natural birthright and health affected. pliments to the State Department and has Article 7 of the agreement states that the In view of the above, and the fact that the the honor of referring to the plans for the re- United States has allowed local or state two governments shall assess, as appropriate, sidual waste deposit sites that are supposed courts to approve such waste deposit Projects that may have significant impacts to be built near the U.S.-Mexican border: in projects without taking into account the on the border area, so that appropriate meas- Texas, Low Level in Sierra Blanca in agreements between our two countries, the ure may be considered to avoid or mitigate Hudspeth County, Dryden in Terell County, Government of Mexico wishes to reiterate its adverse environmental effects. and Spofford in Kinney County; in New Mex- particular concern because the United States The border region is defined as properties ico, the Waste Isolation Pilot Plan in Eddy Federal Government still has not taken an County; in California, La Posta and Campo within 100 kilometers on either side of the Rio active role in this regard and it still has not in San Diego and Ward Valley in San responded to diplomatic note 1214 of October Grande. I do not agree, as the State contends, Bernadino County. that they must merely inform the Government 29, 1993, in regard to the waste deposit site at As the State Department is aware, the Ward Valley. of Mexico of their actions. That is not an ap- plans for these hazardous waste deposit sites In this context, the Embassy of Mexico propriate means by which to conduct our rela- in the border zone, for which the Mexican would like to propose to the State Depart- tions with other countries, and neither do they Chancellory has appropriately given warn- ment that a High Level Meeting be held as believe it is. ing, have provoked strong reactions from the soon as possible, that will allow our Govern- I request that a communication from the border communities, environmental organi- ments to exchange viewpoints on the plans zations and both Mexican and United States Government of Mexico to the State Depart- for the hazardous waste deposits in the bor- Congressmen. der area. ment outlining its objection be inserted into the The Embassy would like to reiterate that The Embassy avails itself of this oppor- RECORD immediately following my statement. the technical considerations shown by the tunity to renew to the State Department the As evident by this communication and the re- Mexican Government, by the U.S. Environ- assurances of its highest and most distin- cent demonstrations on the Mexican side of mental Protection Agency itself and by var- guished consideration. the border against the dump site, the citizens ious non-governmental organizations of both and Government of Mexico are concerned countries, demonstrate that the plans and RESOLUTION about the threat to their environment from this precautions of the companies promoting the Whereas, the State of Texas has proposed above mentioned waste deposit projects can- disposal site. While Congress claims it may Sierra Blanca, Hudspeth County for the site not avoid the risk factor of transboundary of a low-level radioactive waste dump which have no authority over the site selection proc- pollution. In a context of greater environ- would receive wastes from Texas, Maine, ess, we are responsible for guaranteeing that mental awareness and cooperation in the Vermont, and possible other states and our binational agreements are respected by international community, neither one of our whereas the wastes would be toxic for thou- our own citizens, as well as by our State gov- governments can ignore these types of con- sands of years; and ernments. cerns. Whereas, the proposed siting appears to be A final issue concerns waste sites in minor- In accordance with the principles of co- a result of environmental racism and may be ity communities. Under this compact the site operation and good-neighbors, the Embassy geological unsound as it is in an active wishes to reiterate to the State Department county will receive a total of $5 million from earthquake zone and only 16 miles from the the duty of all countries to prevent, inform Rio Grande, potentially endangering Mexi- Vermont and Maine. Hudspeth County is 64 and negotiate any action in their territory can and U.S. residents who live nearby and percent Latino, 2,915 people live there and the that could cause harm to a third state. In ad- downstream; and per capita income is only $13,029. It is a rural dition, we would like to remind you that Whereas, Sierra Blanca is an impoverished community whose residents are generally poor during the High Level Meeting on Proposals Mexican American community and studies September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9111 have shown that toxic waste dumps are often whereas a nuclear waste dump will lead to receive wastes from Texas, Maine, and Ver- sited in poor communities of color; and devaluation of surrounding land resulting in mont; and Whereas, five of the six existing low-level a loss of tax revenue; and, Whereas, the wastes will be toxic for thou- nuclear waste dumps have reportedly leaked Whereas, Sierra Blanca is a poor, 70% His- sands of years; and radiation into the surrounding environment; panic community and studies have shown Whereas, a radioactive release from the and that toxic waste dumps are often sighted in project could threaten the residents of West Whereas, the City of Austin is the partial poor minority communities; and, Texas; and owner of the South Texas Nuclear Project Whereas, five of the six existing low-level Whereas, West Texas highways could be from which waste along with waste from nuclear waste dumps have leaked radiation used for the transportation of radioactive Commanche Peak, and other nuclear power into the surrounding environment; and, waste to Sierra Blanca, thus putting many Whereas, safer alternatives exist for the plants may comprise the majority of the pro- residents along these routes at risk from a storage of nuclear waste such as above posed dump’s contents by radioactivity; and transportation accident; and Whereas, the City of Austin desires to en- ground monitored retrievable storage. sure the safe management of wastes it and Now therefore, be it resolved, that the El Whereas, precious underground water sup- its business ventures produce and to ensure Paso County Judge and County Commis- plies for the region could be contaminated by that these wastes are not dumped on those sioners oppose a nuclear waste dump in Si- this facility; and with the least financial and physical re- erra Blanca, Hudspeth County, Texas. Whereas, the proposed site is only 16 miles sources to protect their communities from from the Rio Grande, thus endangering Mexi- hazardous and radioactive waste dumping; CITY OF MARFA: RESOLUTION 95–11 can and U.S. residents who live downstream; and and Whereas, the state of Texas, by action of Whereas, safer alternatives exist for the the previous Governor of the State, did man- Whereas, Sierra Blanca is a poor, 70-per- storage of nuclear waste such as above- date the establishment of a nuclear waste cent Hispanic community and studies have ground, monitored, retrievable storage; now, dump site in an area of Far West Texas for shown that toxic waste dumps are often sited therefore, the sole purpose of storing nuclear waste in poor minority communities; and Be it resolved by the City Council of the from the state of Texas, with pending per- Whereas, four of the six existing low-level City of Austin: That the Austin City Council mits for nuclear waste dumps and storage nuclear waste dumps have leaked radiation opposes a nuclear waste dump in Sierra from the state of Maine and Vermont, and, into the surrounding environment; and Blanca, Hudspeth County, Texas. Whereas, no citizen or body of citizens in Whereas, safer alternatives exist for the any jurisdiction of Far West Texas has ever storage of nuclear waste such as above RESOLUTION OPPOSING THE NUCLEAR WASTE had the opportunity to vote for or against ground monitored retrievable storage. DUMP IN HUDSPETH COUNTY the establishing of such waste site by the Now, therefore, be it resolved by the Com- * * * Sierra Blanca, Hudspeth County, for legal voting process which is the right of all missioner’s Court of the County of Jeff the site of low-level nuclear waste dump citizens; and, which violates their sovereign Davis, Texas that: It hereby opposes a nu- which would receive wastes from Texas, rights as citizens of this State and the Unit- clear waste dump in Sierra Blanca, Hudspeth Maine, and Vermont and whereas the wastes ed States, and, County, Texas. will be toxic for thousands of years; and Whereas, these toxic wastes could affect Whereas, a radioactive release from the the health and welfare of the present genera- RESOLUTION—NO. R: 95–67; A RESOLUTION OF project could threaten the residents of West tion and all future generations; and the ra- THE COMMISSIONERS COURT OF PRESIDIO Texas; and dioactive release from this project, and oth- COUNTY OPPOSING THE PROPOSED NUCLEAR Whereas, West Texas highways would be ers of a like kind, could also affect all of the WASTE DUMP TO BE LOCATED IN SIERRA used for the transportation of radioactive citizens of this area; and, BLANCA, HUDSPETH COUNTY, TEXAS waste to Sierra Blanca, thus putting many Whereas, there are no restrictions or re- residents along these routes at risk from a quirements as to marking, labeling or illu- Whereas, the State of Texas has chosen Si- transportation accident; and minating for transportation of such waste ei- erra Blanca, Hudspeth County, for the site of Whereas, precious underground water sup- ther by highway or by rail to the Far West a low-level nuclear waste dump which would plies for the region could be contaminated by Texas site; and there are not speed limits nor receive wastes from Texas, Maine and Ver- this facility; and are there restrictions as to convoy type mont; and Whereas, the proposed site is only 16 miles movement of these wastes in place in any ju- Whereas, the wastes will be toxic for thou- from the Rio Grande, thus endangering Mexi- risdiction which is without regard for safety sands of years; and can and U.S. residents who live downstream; of its citizens as it passes through urban and Whereas, a radioactive release from the and rural areas to the dump site, and, project could threaten the residents of West Whereas, Sierra Blanca is a poor, 70% His- Whereas, the extremely limited water re- Texas; and panic community and studies have shown sources and underground water supply Whereas, West Texas highways could be that toxic waste dumps are often sighted in known to exist throughout this semi-arid used for the transportation of radioactive poor minority communities; and represents the most precious commodity waste to Sierra Blanca, thus putting many Whereas, four of the six existing low-level known to man and could be endangered by residents along these routes at risk from a nuclear waste dumps have leaked radiation radioactive leakage, spillage or negligence in transportation accident; and into the surrounding environment; and the total process of handling these potential Whereas, precious underground water sup- Whereas, safer alternatives exist for the dangerous materials and; therefore, must be plies for the region could be contaminated by storage of nuclear waste such as above protected at all costs and above all other this facility; and ground monitored retrievable storage. considerations, and, Whereas, the proposed site is only 16 miles Now therefore be it resolved, that the City Whereas, without regard to any minorities, from the Rio Grande, thus endangering Mexi- of Brackettville, City Council oppose a nu- race, ethnic background, economic, status, can and U.S. residents who live downstream; clear waste dump in Sierra Blanca, Hudspeth population or any other group of concerned and County, Texas. people since this is a universal concern in- Whereas, Sierra Blanca is a poor, 70% His- volving the sovereign rights of all citizens panic community and studies have shown RESOLUTION which is to be protected by their government that toxic waste dumps are often sighted in from radioactive nuclear waste of a toxic na- Whereas, the state of Texas has chosen Si- poor minority communities; and ture, and, erra Blanca, Hudspeth County, for the site of Whereas, four of the six existing low-level a low-level nuclear waste dump which would Whereas, our government’s agencies must provide protection from all dangers involved nuclear waste dumps have leaked radiation receive wastes from Texas, Maine, and Ver- into the surrounding environment; and mont and whereas the wastes will be toxic in storage and disposal of such materials be Whereas, safer alternatives exist for the for thousands of years; and, it underground or above ground. storage of nuclear waste such as above Whereas, the site of the nuclear dump is Now, Therefore be it resolved by the City ground monitored retrievable storage. only 37 miles from El Paso County; and, Commission of the City of Marfa in Presidio Whereas, a radioactive release from the County, Texas hereby opposes: Now, therefore, be it resolved by the Com- project could threaten the residents of El All nuclear waste dumps and dump sites missioners Court of Presidio County in Paso; and, within any area of far west Texas. Marfa, Texas, that: It hereby opposes a nu- Whereas, precious underground water sup- clear waste dump in any part of West Texas plies for the region could be contaminated by RESOLUTION: A RESOLUTION OF THE COMMIS- West of the Pecos River. this facility; and, SIONER’S COURT OF JEFF DAVIS COUNTY, Whereas, the proposed site is only 16 miles TEXAS OPPOSING THE PROPOSED NUCLEAR RESOLUTION NO. R: 95–67: A RESOLUTION OF from the Rio Grande, thus endangering Mexi- WASTE DUMP TO BE LOCATED IN SIERRA THE CITY COUNCIL OF THE CITY OF DEL RIO, can and U.S. residents who live downstream; BLANCA, HUDSPETH COUNTY, TEXAS TEXAS OPPOSING THE PROPOSED NUCLEAR and, Whereas, the State of Texas has chosen Si- WASTE DUMP TO BE LOCATED IN SIERRA Whereas, the growth pattern of El Paso is erra Blanca, Hudspeth County, for the site of BLANCA, HUDSPETH COUNTY, TEXAS in the direction of Hudspeth County and a low-level nuclear waste dump which would Whereas, the State of Texas has chosen Si- erra Blanca, Hudspeth County, for the site of a low-level nuclear waste dump which would H 9112 CONGRESSIONAL RECORD — HOUSE September 18, 1995 receive wastes from Texas, Maine, and Ver- to as the Parties, agree to cooperate in the ronmental Protection Agency, and in the mont; and field of environmental protection in the bor- case of Mexico it shall be the Secretarı´a de Whereas, the wastes will be toxic for thou- der area on the basis of equality, reciprocity Desarrollo Urbano y Ecologı´a, through the sands of years; and and mutual benefit. The objectives of the Subsecretarı´a de Ecologı´a. Whereas, a radioactive release from the present Agreement are to establish the basis ARTICLE 9 project could threaten the residents of West for cooperation between the Parties for the Taking into account the subjects to be ex- Texas; and protection, improvement and conservation of amined jointly, the national coordinators Whereas, West Texas highways could be the environment and the problems which af- may invite, as appropriate, representatives used for the transportation of radioactive fect it, as well as to agree on necessary of federal, state and municipal governments waste to Sierra Blanca, thus putting many measures to prevent and control pollution in to participate in the meetings provided for in residents along these routes at risk from a the border area, and to provide the frame- this Agreement. By mutual agreement they transportation accident; and work for development of a system of notifi- may also invite representatives of inter- Whereas, precious underground water sup- cation for emergency situations. Such objec- national governmental or non-governmental plies for the region could be contaminated by tives shall be pursued without prejudice to organizations who may be able to contribute this facility; and the cooperation which the Parties may agree some element of expertise on problems to be Whereas, the proposed site is only 16 miles to undertake outside the border area. solved. from the Rio Grande, thus endangering Mexi- ARTICLE 2 The national coordinators will determine can and U.S. residents who live downstream; The Parties undertake, to the fullest ex- by mutual agreement the form and manner and tent practical, to adopt the appropriate of participation of non-governmental enti- Whereas, Sierra Blanca is a poor 70% His- measures to prevent, reduce and eliminate ties. panic community and studies have shown sources of pollution in their respective terri- ARTICLE 10 that toxic waste dumps are often isolated in tory which affect the border area of the The Parties shall hold at a minimum an poor minority communities; and other. annual high level meeting to review the Whereas, four of the six existing low-level Additionally, the Parties shall cooperate manner in which this Agreement is being im- nuclear dumps have leaked radiation into in the solution of the environmental prob- plemented. These meetings shall take place the surrounding environment; and lems of mutual concern in the border area, in alternately in the border area of Mexico and Whereas, safer alternatives exist for the accordance with the provisions of this Agree- the United States of America. storage of nuclear waste such as above ment. The composition of the delegations which ground monitored retrievable storage. represent each Party, both in these annual Now, therefore, be it resolved by the City ARTICLE 3 meetings as well as in the meetings of ex- Council of the City of Del Rio, Texas, that: Pursuant to this Agreement, the Parties perts referred to in Article 11, will be com- It hereby opposes a nuclear waste dump in may conclude specific arrangements for the municated to the other Party through diplo- Sierra Blanca, Hudspeth County, Texas. solution of common problems in the border matic channels. Passed and approved on this 27th day of area, which may be annexed thereto. Simi- June 1995. larly, the Parties may also agree upon an- ARTICLE 11 nexes to this Agreement on technical mat- The Parties may, as they deem necessary, MEXICO-UNITED STATES: AGREEMENT TO CO- ters. convoke meetings of experts for the purposes OPERATE IN THE SOLUTION OF ENVIRON- ARTICLE 4 of coordinating their national programs re- MENTAL PROBLEMS IN THE BORDER AREA 1 For the purposes of this Agreement, it ferred to in Article 6, and of preparing the drafts of the specific arrangements and tech- [Done at La Paz, Baja California, Mexico, shall be understood that the ‘‘border area’’ nical annexes referred to in Article 3. Aug. 14, 1983] refers to the area situated 100 kilometers on either side of the inland and maritime These meetings of experts may review Agreement between the United States of boundaries between the Parties. technical subjects. The opinions of the ex- America and the United Mexican States on perts in such meetings shall be commu- cooperation for the protection and improve- ARTICLE 5 nicated by them to the national coordina- ment of the environment in the border area: The Parties agree to coordinate their ef- tors, and will serve to advise the Parties on The United States of America and the forts, in conformity with their own national technical matters. legislation and existing bilateral agreements United Mexican States, ARTICLE 12 Recognizing the importance of a healthful to address problems of air, land and water Each Party shall ensure that its national environment to the long-term economic and pollution in the border area. coordinator is informed of activities of its social well-being of present and future gen- ARTICLE 6 cooperating agencies carried out under this erations of each country as well as of the To implement this Agreement, the Parties Agreement. Each Party shall also ensure global community; shall consider and, as appropriate, pursue in that its national coordinator is informed of Recalling that the Declaration of the Unit- a coordinated manner practical, legal, insti- the implementation of other agreements ed Nations Conference on the Human Envi- tutional and technical measures for protect- concluded between the two Governments ronment, proclaimed in Stockholm in 1972, ing the quality of the environmental in the concerning matters related to this Agree- called upon nations to collaborate to resolve border area. Forms of cooperation may in- ment. The national coordinators of both Par- environmental problems of common concern; clude: coordination of national programs; ties will present to the annual meeting a re- Noting previous agreements and programs scientific and educational exchanges; envi- port on the environmental aspects of all providing for environmental cooperation be- ronmental monitoring; environmental im- joint work conducted under this Agreement tween the two countries; pact assessment; and periodic exchanges of and on implementation of other relevant Believing that such cooperation is of mu- information and data on likely sources of agreements between the Parties, both bilat- tual benefit in coping with similar environ- pollution in their respective territory which eral and multilateral. mental problems in each country; may produce environmentally polluting inci- Nothing in this Agreement shall prejudice Acknowledging the important work of the dents, as defined in an annex to this Agree- or otherwise affect the functions entrusted International Boundary and Water Commis- ment. to the International Boundary and Water sion and the contribution of the agreements ARTICLE 7 Commission in accordance with the Water concluded between the two countries relat- Treaty of 1944. ing to environmental affairs; The Parties shall assess, as appropriate, in Reaffirming their political will to further accordance with their respective national ARTICLE 13 strengthen and demonstrate the importance laws, regulations and policies, projects that Each Party shall be responsible for inform- attached by both Governments to coopera- may have significant impacts on the envi- ing its border states and for consulting them tion on environmental protection and in fur- ronment of the border area, so that appro- in accordance with their respective constitu- therance of the principle of good neighbor- priate measures may be considered to avoid tional systems, in relation to matters cov- liness; or mitigate adverse environmental effects. ered by this Agreement. Have agreed as follows: ARTICLE 8 ARTICLE 14 ARTICLE 1 Each Party designates a national coordina- Unless otherwise agreed, each Party shall tor whose principal functions will be to co- bear the cost of its participation in the im- The United States of America and the ordinate and monitor implementation of this plementation of this Agreement, including United Mexican States, hereinafter referred Agreement, make recommendations to the the expenses of personnel who participate in Parties, and organize the annual meetings any activity undertaken on the basis of it. 1 [Reproduced from the text provided by the U.S. referred to in Article 10, and the meetings of For the training of personnel, the transfer Department of State. the experts referred to in Article 11. Addi- of equipment and the construction of instal- [The Memorandum of Understanding, referred to tional responsibilities of the national coordi- lations related to the implementation of this in Article 23 and which this Agreement supersedes, is reproduced at 17 I.L.M. 1056 (1978). nators may be agreed to in an annex to this Agreement, the Parties may agree on a spe- [An agreement between Canada and the United Agreement. cial modality of financing, taking into ac- States concerning acid rain research appears at In the case of the United States of America count the objectives defined in this Agree- I.L.M. page 1017.] the national coordinator shall be the Envi- ment. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9113 ARTICLE 15 As we consider H.R. 558 today, I level radioactive materials at our aca- The Parties shall facilitate the entry of would like to make four simple points: demic and health institutions, it is in equipment and personnel related to this First of all, we should pass this legis- our best interest to responsibly provide Agreement, subject to the laws and regula- lation out of recognition of the accom- for the disposal of the constant wastes tions of the receiving country. plishment of the States of Texas, from those activities and take a leader- In order to undertake the monitoring of Maine, and Vermont for their respon- ship role in planning for our future. polluting activities in the border area, the siveness in doing just what Congress Parties shall undertake consultations relat- This responsible action was reflected ing to the measurement and analysis of pol- asked them to do. In 1980, Federal leg- in the approval of the compact by the luting elements in the border area. islation was passed which established a Texas House of Representatives by a low-level radioactive waste policy that ARTICLE 16 voice vote and the Texas Senate by a placed the responsibility within the All technical information obtained vote of 26 to 2. through the implementation of this Agree- States for the disposal of low-level ra- In summary, Mr. Speaker, there is no ment will be available to both Parties. Such dioactive waste. In 1985, further amend- legitimate reason to delay an approval information may be made available to third ments were passed in Congress rein- at the Federal level any longer. parties by the mutual agreement of the Par- forcing this policy and providing incen- Mr. BRYANT of Texas. Mr. Speaker, ties to this Agreement. tives to States to form these compacts. I yield 6 minutes to the gentleman ARTICLE 17 Therefore, after they have done their from Texas [Mr. DOGGETT]. Nothing in this Agreement shall be con- job of passing this compact in all three Mr. DOGGETT. Mr. Speaker, I strued to prejudice other existing or future State legislatures, we should do our job strongly oppose this compact. This agreements concluded between the two Par- and act promptly to approve this re- plan causes me, it causes many people ties, or affect the rights and obligations of sulting compact agreement. In re- in the city of Austin and across the the Parties under international agreements sponse to Congress’ entreaty, nine State of Texas, the gravest concern. to which they are a party. compacts have already been formed Though a new Member here, I had un- ARTICLE 18 and approved, including 42 States; this derstood there was at least some tradi- Activities under this Agreement shall be compact will bring the total to 10 com- tion of giving a certain degree of def- subject to the availability of funds and other pacts covering 45 States. erence to the Members in whose dis- resources to each Party and to the applicable Second, our role is to be sure that trict a project of this type is going to laws and regulations in each country. the compact comports with the under- be located. ARTICLE 19 lying Federal law from which it derives I have listened to the eloquent com- The present Agreement shall enter into and not to preside over controversies ments of the gentleman from El Paso, force upon an exchange of Notes stating that that may be local in nature, which are TX [Mr. COLEMAN] who has fought each Party has completed its necessary in- the responsibility of the local authori- steadfastly, along with his staff, to re- ternal procedures. ties. Simply put, Mr. Speaker, our re- sist this compact, to try to block it. I ARTICLE 20 sponsibility is to be sure that the three have listened to the very telling com- The present Agreement shall remain in State legislatures were consistent with ments today of my colleague from force indefinitely unless one of the Parties the underlying Federal law when they Texas, a fellow Texan, Mr. BONILLA, in notifies the other, through diplomatic chan- nels, of its desire to denounce it, in which passed this compact and not to arbi- whose district this particular project case the Agreement will terminate six trate over local issues such as site se- would be sited. And I think what they months after the date of such written notifi- lection. That is a matter for the say has a considerable degree of merit. cation. Unless otherwise agreed, such termi- States, and it would be intrusive of us My district, the city of Austin and nation shall not affect the validity of any ar- to assume the authority unto our- Travis County, is halfway across Texas rangements made under this Agreement. selves. The compact implicitly defers from where this project will be located. ARTICLE 21 questions on these matters to the Hundreds of miles. But I can tell you This Agreement may be amended by the Texas Legislature, the Texas Low- that the people of central Texas are agreement of the Parties. Level Radioactive Waste Disposal Au- every bit as concerned about this as ARTICLE 22 thority, the Texas Water Commission, are the people of Sierra Blanca or the The adoption of the annexes and of the spe- and other State agencies. people of El Paso. cific arrangements provided for in Article 3, Third, this compact has already re- I believe that I have now received a and the amendments thereto, will be effected ceived a hearing before the Commerce total of 1,415 communications from by an exchange of Notes. Subcommittee on Energy and Power on people in Travis County, TX, express- ARTICLE 23 May 11. Subsequently, the subcommit- ing opposition to the location of this This Agreement supersedes the exchange of tee approved the compact by a voice dump; and, oh, by the way, six people Notes, concluded on June 19, 1978 with the vote. Shortly thereafter, the full Com- who said they were for locating it at attached Memorandum of Understanding be- merce Committee approved H.R. 558 by this point and approving this compact. tween the Environmental Protection Agency a vote of 41 to 2. The compact remains What these people kept saying is the of the United States and the Subsecretariat the same, the underlying Federal legis- same thing that the Austin City Coun- for Environmental Improvement of Mexico lation remains the same, and therefore cil said when it voted 5 to nothing for Cooperation on Environmental Programs and Transboundary Problems. I would urge my colleagues to support against this compact, and that is do Done in duplicate, in the city of La Paz, this bill so that the three States in not make Texas the dumping ground Baja California, Mexico, on the 14th of Au- question can perform their responsibil- for this Nation. gust of 1983, in the English and Spanish lan- ities and proceed to develop a site to Mr. Speaker, let us acknowledge guages, both texts being equally authentic. responsibly dispose of low-level radio- from the beginning that when Congress Mr. SCHAEFER. Mr. Speaker, I yield active waste. passed this piece of legislation, the 1986 5 minutes to the gentleman from Texas Last of all, Mr. Speaker, I would like Low Level Radioactive Policy Act, it [Mr. FIELDS], the sponsor of the legisla- to point out that this legislation is in was planning on agreements that did tion. the best interest of all three States, not look anything like the one we are (Mr. FIELDS of Texas asked and was but particularly for my State of Texas. taking up here today. When it referred given permission to revise and extend By forming this compact, Texas avoids to a regional compact, it has in mind his remarks.) the risk of being forced to take waste just that, a region, because there would Mr. FIELDS of Texas. Mr. Speaker, I from other States which would gen- be less danger of spills and other prob- rise in support of H.R. 558, a bill I in- erate much larger amounts of low-level lems if you localize the nature of the troduced to provide the consent of Con- waste. Under the compact, Texas has disposal. gress to the Texas low-level radio- full control of the site, development, Well, we in Texas have a rather big active waste disposal compact. As most operation and management, and clo- idea of our State. I have even heard of us know, the legislatures of Texas, sure of its low-level waste disposal fa- some Texas talk about Colorado as Maine, and Vermont—the States com- cility. Furthermore, with our State’s north Texas, and indeed when we de- posing this compact—approved this leadership in such areas as research clared our independence in 1936, it was legislation overwhelmingly. and medical activities, which use low- north Texas. But I have yet to see the H 9114 CONGRESSIONAL RECORD — HOUSE September 18, 1995 most boastful Texan ever suggest that An earthquake. Well, most people as- way that perhaps we could all be sup- Maine and Vermont were in the region sociate those with San Francisco or portive. of Texas. California. Yet, as my colleague the Unfortunately, the State legislature There is good reason for everyone gentleman from Texas [Mr. BRYANT] has failed to recognize the tenuous di- and not just Texans, boastful or other- who has also fought so ably against the lemma these technical flaws have wise, to be concerned about this com- compact pointed our earlier, we just placed on us. That is on whom we rely. pact. Because to get from here to had one of 5.6 on the Richter scale We should not be doing that for the there, to get from Maine and Vermont within a relatively short distance of health and welfare of American citi- to Texas, you are going to have to this Sierra Blanca site back in April zens. cross a little of these United States. So when this measure was being consid- Mr. BRYANT of Texas. Mr. Speaker, if you represent Ohio or New Jersey or ered here in Congress. I yield myself such time as I may New York or Kentucky or Tennessee or Mr. Speaker, this is a deeply flawed consume. Arkansas, or any number of other plan. This is a facility that will house (Mr. BRYANT of Texas asked and States, you have every reason to be waste not just for a few years but for a was given permission to revise and ex- concerned about what happens when few millennia. Do not make the Lone tend his remarks.) this highly toxic radioactive waste is Star State the Lone Dump State. Vote Mr. BRYANT of Texas. Mr. Speaker, transported across your State and against this legislation. while those of us from Texas are under- across your district. Mr. BRYANT of Texas. Mr. Speaker, standably voicing the great anxiety of Though this compact has been lob- I yield 2 minutes to the gentleman the people of our State and the particu- bied through the Texas Legislature from El Paso, TX [Mr. COLEMAN]. lar region in which this is to be lo- very successfully as a way to limit the Mr. COLEMAN. Mr. Speaker, I thank cated, of far greater importance to the dump in the State of Texas, exactly the the gentleman for yielding me the listeners to this debate within the opposite is going to happen. There is time. House is the enormous threat to the absolutely no reason that the commis- Mr. Speaker, let me only add to what national interest that is posed by this sioners of this compact cannot get to- I was saying a little bit before. I want- compact. The gentleman from Texas gether without any input from the peo- ed to hit a couple of points that may [Mr. FIELDS] said a moment ago, there ple in Sierra Blanca or in El Paso or in have been lost because we did not get have already been nine of those that Austin or in this U.S. Congress and ex- to them. have been approved, but there have not pand the compact to include every One certainly was concerning the been nine of these kinds of compacts State in the Nation. Under the defini- volume of waste. I know that that is that have been approved. tion of ‘‘region’’ being used here, there not an issue that a lot of people con- There have not been any compacts is no more basis for excluding New cern themselves with, but let me tell approved where we are putting a low- York or California than there is for in- the Members what this compact that level nuclear waste dump in an earth- cluding Maine and Vermont. Texas we are voting on says, very simply. quake zone. There have not been any could well become the place where all Texas accepts responsibility for both compacts approved where we have put of this toxic waste from around the management and disposal as described a low-level nuclear waste dump 14 country is located. in article 1, section 1.01. Management miles from a river that serves the b 1800 is defined as ‘‘collection, consolidation, farms and ranches and the drinking Mr. Speaker, there are already pro- storage, packaging or treatment.’’ water for millions of people. And there posals up talking about mixing radio- Treatment, however, is not defined in have not been any low-level nuclear active waste, low-level radioactive this agreement. I hope that is just not waste dumps approved which would in- waste, with other types of toxic waste an oversight of the committee. vite the neighboring country, which once this compact is ratified. Other It is generally accepted, as I under- will no doubt take great offense at this States and economic pressures are stand it, in terms of the committee’s decision, to begin locating its undesir- going to cause this compact to include understanding of it as including incin- able entities and dumps right on the other States and have Texas be a eration? I think so. Incineration re- river, right on the border, right across dumping ground. duces the volume of the waste but not from the United States. The Hudspeth County site that has the level of radioactivity. It is not like The gentleman from Texas [Mr. been chosen in the district of the gen- other kinds of waste disposal sites that DOGGETT] asked the right question a tleman from Texas [Mr. BONILLA] Members may be thinking of. Thus, moment ago. Is it not obvious how we raises a number of safety concerns. less volume of waste will be disposed of would feel if the Mexican Government Seepage of radioactive waste into at the site but at a greater level of ra- was going to locate a nuclear waste ground water supplies has been a prob- dioactivity. dump 14 miles from the Rio Grande lem with other dump sites. This is just Yet, what happens in the agreement River on the other side? We would be a few miles from the Rio Grande River that is unclear if waste imported from up in arms about it. Yet we are going which provides a water supply to all of other States but incinerated in Texas to sit back here, if we do as these gen- the southern border of the big State of is counted under the Texas portion of tlemen have asked us, and approve Texas. the nonhost allotment? Article iii, sec- this. I agree that we also need to set a tion 3.04(11) says: ‘‘The shipments of They are going to get up in a mo- good example for our neighbor to the low-level radioactive waste from all ment and say, oh, siting decisions are south, Mexico. Can Members imagine nonhost party States shall not exceed not the province of the U.S. Congress. the uproar, the outrage on the floor of 20 percent of the volume estimated to Well, generally I would agree. Siting this Congress if Mexico was talking be disposed of by the host State during decisions within a State, that is pretty about locating a radioactive waste the 50-year period.’’ much up to the State. dump right on the border next to the Shipment volumes are tied exclu- But if a siting decision has inter- United States? We would hear one sively to disposal estimates. The com- national foreign policy implications, if Member after another denounce that pact is silent on how much volume can a siting decision would subject the peo- kind of operation. be shipped for management. ple of the United States to enormous But that is precisely what we are Why is that? We did not care? It did financial liability because of the irre- doing at the same time we are seeking not matter? That is out in the little sponsibility of the decision, then that the involvement of the people of Mex- old town, mainly Hispanic community, is a situational where we should exer- ico and their government in cleaning called Sierra Blanca in west Texas, cise our constitution authority and re- up other kinds of environmental dam- right? Is that why we did not care? sponsibility and say, ‘‘No, we are not age all along the border from San I think there are a lot of us that have going to approve a compact like this. Diego, CA to Brownsville, TX. This is a some very serious questions about this Take it back and start over.’’ That is step that really works against our na- legislation. Were it not placed on a sus- all that we are asking for. tional interest all along the border on pension provision under the rules, we Mr. COLEMAN. Mr. Speaker, will the a wide range of environmental issues. could actually be able to amend it in a gentleman yield? September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9115 Mr. BRYANT of Texas. I yield to the on the floor of the House and ask this The question was taken. gentleman from Texas. House of Representatives to make a de- Mr. BONILLA. Mr. Speaker, I object Mr. COLEMAN. Mr. Speaker, let me cision that is in the interest of the to the vote on the ground that a just say respecting our binational American people, and say to the States quorum is not present and make the agreements is pretty important. I have of Texas, Maine, and Vermont, go back point of order that a quorum is not been told over and over again in hear- and do it again. We may approve the present. ings throughout the last decade that next one and we may not, but for good- The SPEAKER pro tempore. Pursu- the agreement that President Ronald ness sakes do not send us one that is in ant to clause 5, rule I, and the Chair’s Reagan made with the President of an earthquake zone. prior announcement, further proceed- Mexico was not a treaty, and that is Mr. SCHAEFER. Mr. Speaker, I yield ings on this motion will be postponed. absolutely right. Nonetheless, many of myself such time as I may consume. The point of no quorum is considered us respect agreements made by our I would just say that our colleague, withdrawn. Presidents. In fact, I think it is the re- the gentleman from Texas [Mr. f sponsibility of the U.S. Congress, not FIELDS], should be commended for this the State legislature, to see to it that efforts to move this bill forward in a GENERAL LEAVE we respect those agreements and live very fashionable, responsible, and Mr. SCHAEFER. Mr. Speaker, I ask up to them. timely manner. unanimous consent that all Members The La Paz Agreement, under article I would like to thank the gentleman may have 5 legislative days within 2, said very simply that the Govern- from New Jersey [Mr. PALLONE], the which to revise and extend their re- ments of Mexico and the United States ranking member of the Subcommittee marks on H.R. 558, the bill just consid- were directed to the fullest extent on Energy and Power, for his support ered. practicable to adopt appropriate meas- in moving this very reasonable meas- The SPEAKER pro tempore. Is there ures to prevent, reduce, and eliminate ure through the House of Representa- objection to the request of the gen- sources of pollution in their respective tives. tleman from Colorado? Mr. Speaker, I yield the balance of territory which affect the border area Mr. COLEMAN. Reserving the right my time to the gentleman from Texas of the other. Article 7 stated that the to object, Mr. Speaker, not on that [Mr. FIELDS] to close debate. two governments shall assess as appro- Mr. FIELDS of Texas. Mr. Speaker, I issue but only to make sure that we priate projects that may have signifi- will be fairly brief. have in fact ensured that we will have cant impacts on the border area. The purpose of a law passed by Con- a vote. I thought we needed to ask for I have placed into the RECORD with gress is to allow States to make deci- the yeas and nays. If that was done in my motion to revise and extend the ob- sions for themselves, to make decisions dissimilar fashion, that is fine, but I jections of the Mexican Government relative to siting. That decision has just was inquiring. and diplomatic note to the United been made. It is a decision that has The SPEAKER pro tempore. The States. That is not the responsibility been reviewed by the Texas Low-Level yeas and nays have not been ordered on of the State of Texas. We are a State Radioactive Waste Compact Commis- that motion. It would be put to a vote that is in this Union. That is the re- sion. It has been reviewed by the Texas tomorrow afternoon at some point. sponsibility of this Congress to see to Water Commission. The Texas legisla- Mr. COLEMAN. I thank the Speaker, it that we respond in an appropriate ture has voted on this. I stand here and I withdraw my reservation of ob- fashion. with a letter from Governor George jection. I can just tell the Members that my Bush. It is factual to say that former The SPEAKER pro tempore. Is there colleague from Texas is absolutely Governor Ann Richards supported this. objection to the request of the gen- right. The United States would not put I stand here with a letter from Lieu- tleman from Colorado? up with it if it was within 100 kilo- tenant Governor Bob Bullock, I stand There was no objection. meters, as the La Paz Agreement here with a letter from Mickey f states we were to have the dumping of LeMater of the M.D. Anderson Cancer PERMISSION FOR SUNDRY COM- radioactive waste by the Government Institute talking about the need for of Mexico. Congress to move forward. MITTEES AND THEIR SUB- Mr. BRYANT of Texas. Mr. Speaker, Is there a benefit to the State? The COMMITTEES TO SIT TOMORROW, I thank the gentleman for his addi- answer is absolutely. That if the State TUESDAY, SEPTEMBER 19, 1995, tional comments. I would emphasize of Texas had not itself moved forward, DURING THE 5-MINUTE RULE once again, we are not talking about a then Texas would have been subject to Mr. BONILLA. Mr. Speaker, I ask simple siting question that makes becoming the dumping ground for the unanimous consent that the following some people happy and some unhappy. rest of the country. We would not have committees and their subcommittees We are talking about a siting question had the ability or have the ability to be permitted to sit tomorrow while the that subjects this country to enormous pass laws restricting the low-level nu- House is meeting in the Committee of liabilities. clear waste coming in to our particular the Whole House under the 5-minute In 1931, 40 miles from this site, there State. This is a decision that has been rule. was an earthquake that registered 6.4 made by Texans for Texans in the best The Committee on Banking and Fi- on the Richter scale. Sixty-five years interest of our particular State. I urge nancial Services; the Committee on ago is just yesterday in geologic time. all of my colleagues to support this Commerce; the Committee on Govern- In April of this year, just 2 months be- piece of legislation. ment Reform and Oversight; the Com- fore this thing was marked up in com- PARLIAMENTARY INQUIRY mittee on International Relations; the mittee, there was an earthquake in the Mr. COLEMAN. Mr. Speaker, I have a Committee on the Judiciary; and the same region that measured 5.6 on the parliamentary inquiry. Committee on Resources. Richter scale. Can anybody argue that The SPEAKER pro tempore (Mr. It is my understanding that the mi- we ought to let States locate nuclear FOLEY). The gentleman will state it. nority has been consulted and that waste dumps in earthquake zones right Mr. COLEMAN. Mr. Speaker, it has there is no objection to these requests. next to an international boundary and been some time since I have done a sus- The SPEAKER pro tempore. Is there on a river that serves millions of peo- pension on the floor and I am unsure objection to the request of the gen- ple, who if harmed will be in the court- how we can assure a record vote. At tleman from Texas? house asking the taxpayers of this what time should that request be b country to pay for the harm that they made? 1815 suffered? I do not think we can make The SPEAKER pro tempore. We will Mr. PALLONE. Mr. Speaker, reserv- that argument. have that in just a moment. ing the right to object, the Democratic Today the gentleman from Texas The question is on the motion offered leadership has been consulted and we [Mr. COLEMAN] and I and the gentleman by the gentleman from Colorado [Mr. have no objection to these requests. from Texas [Mr. DOGGETT] and the gen- SCHAEFER] that the House suspend the Mr. Speaker, I withdraw my reserva- tleman from Texas [Mr. BONILLA] stand rules and pass the bill, H.R. 558. tion of objection. H 9116 CONGRESSIONAL RECORD — HOUSE September 18, 1995 The SPEAKER pro tempore (Mr. the Magnuson Fishery Conservation jurisdiction over fishery resources to FOLEY). Is there objection to the re- and Management Act to improve fish- 200 miles. The Act also included provi- quest of the gentleman from Texas? eries management, with Mr. sions intended to encourage the devel- There was no objection. GOODLATTE in the chair. opment of a domestic fishing industry. f The CHAIRMAN. Pursuant to the The act created eight Regional Fish- order of the House of today, the bill is ery Management Councils to manage POINT OF ORDER considered as having been read the first the fishery resources within their geo- Mr. BRYANT of Texas. Mr. Speaker, time. graphic area. The Councils were I rise to make a point of order. The gentleman from Alaska [Mr. charged with determining the appro- The SPEAKER pro tempore (Mr. YOUNG] will be recognized for 30 min- priate level of harvest to maximize the FOLEY). The gentleman from Texas will utes and the gentleman from Massa- benefit to the Nation while still pro- state his point of order. chusetts [Mr. STUDDS] will be recog- tecting the long-term sustainability of Mr. BRYANT of Texas. Mr. Speaker, nized for 30 minutes. the stocks. This means the Councils must bal- we made very clear our intention to The Chair recognizes the gentleman ance the often competing interests of ask for a record vote on that. At the from Alaska [Mr. YOUNG]. commercial and recreational fisher- time the gentleman from Texas [Mr. Mr. YOUNG of Alaska. Mr. Chair- men, and the often competing gear BONILLA] stood up on the compact com- man, I yield myself such time as I may groups within the commercial indus- mission matter, he raised a point of consume. Mr. Chairman, this is a unique period try. order that a quorum was not present It is important to note that the com- and that did not lock in a record vote. of time that we are faced with during this session. We have a bill that has mittee continues to strongly support The gentleman from Texas [Mr. COLE- been heard by the committee and we the current Regional Fishery Manage- MAN] specifically asked what action he ment Councils system. This legislation was supposed to take to lock in a have worked on this bill for approxi- mately 31⁄2 years now. It is H.R. 39, the includes some reforms of the Council record vote. process and requires new disclosure Mr. Speaker, I would ask the Chair to Fisheries Conservation and Manage- ment Amendments of 1995, which I rules to deal with the perception of grant us our motion for the yeas and conflict of interest on the Councils. nays to be ordered on H.R. 558. sponsored, along with my good friend, the gentleman from Massachusetts While this legislation deals with the Mr. BONILLA. Mr. Speaker, I ask fishing industry, it is environment unanimous consent to revise my point [Mr. STUDDS]. Mr. Chairman, I rise in strong sup- friendly. In fact, you have probably re- that I made earlier and ask for the ceived or will receive letters of support yeas and nays. port of H.R. 39, the Fishery Conserva- tion and Management Amendments of from many of the national environ- The SPEAKER pro tempore. Without mental groups. We think that we have objection, the yeas and nays are or- 1995, which I sponsored. Mr. Chairman, this legislation, as crafted a bill which will allow fisher- dered. men to make a living from the sea There was no objection. you will see, enjoys broad, bipartisan support from members of the Resources while also making them better stew- The SPEAKER pro tempore. Pursu- ards of the resources they rely on for ant to clause 5 of rule 1, further pro- Committee and those members from coastal districts with fishing interests. their livelihood. ceedings on this motion will be post- Three major areas needed to be ad- For this bill to have come this far poned. dressed in this reauthorization to shows the bipartisan effort involved in maintain healthy fisheries and healthy f the development of the bill. I want to fishing communities. For the domestic thank Subcommittee Chairman REPORT ON RESOLUTION PROVID- fishery resource to remain healthy, SAXTON, GERRY STUDDS, and GEORGE ING FOR CONSIDERATION OF fishery managers must take steps to H.R. 1617, CONSOLIDATED AND MILLER for their leadership in address- reduce bycatch and the mortality of REFORMED EDUCATION, EM- ing the difficult issues in this impor- discards in the fisheries, to prevent the PLOYMENT, AND REHABILITA- tant legislation. overfishing of stocks and rebuild those TION SYSTEMS ACT (CAREERS This reauthorization of the Magnu- stocks which are already overfished, ACT) son Fishery Conservation and Manage- and, finally, to protect habitat essen- ment Act of 1976 is crucial to continu- tial for the continued renewal of the Mr. SOLOMON, from the Committee ing the sound management of this Na- on Rules, submitted a privileged report fisheries. tion’s fishery resources. If Members The reduction of bycatch in our fish- (Rept. No. 104–249) on the resolution (H. take nothing else away from this de- Res. 222) providing for the consider- eries is one of the most crucial chal- bate, remember, this legislation is sup- lenges facing fisheries managers today. ation of the bill (H.R. 1617) to consoli- ported by Members on both sides of the date and reform work force develop- In the North Pacific groundfish fishery aisle, by the fishing industry, and by alone, more than 740 million pounds of ment and literacy programs, and for the environmental community. other purposes, which was referred to fish were discarded, in 1993. That rep- This has been no small feat, and resents 16 percent of the total catch of the House Calendar and ordered print- while some may not be entirely happy ed. the fishery. Much of that discard is of with the legislation, reauthorization of prohibited species. It is clear that this f this act is very important to us all. is unacceptable. We hope that the re- Mr. Chairman, during the 103d and FISHERY CONSERVATION AND quirements of this bill will help Coun- 104th Congresses, 10 hearings on reau- cils address the problem of bycatch, MANAGEMENT AMENDMENTS OF thorization issues were held. This legis- 1995 and we hope that fishermen will re- lation represents an attempt to address spond with innovative methods of re- The SPEAKER pro tempore (Mr. the concerns raised at these hearings. ducing bycatch. FOLEY). Pursuant to the order of the This legislation may not be perfect; In particular, this legislation re- House of today and rule XXIII, the however, fisheries management is a quires the Regional Fishery Manage- Chair declares the House in the Com- complicated balancing act. We have at- ment Councils to amend all existing mittee of the Whole House on the State tempted to address the concerns raised Fishery Management Plans to reduce of the Union for the consideration of by commercial fishermen, recreational bycatch to the maximum extent prac- the bill, H.R. 39. and charter boat fishermen, environ- ticable. It also provides the Councils mental organizations, fishing commu- with the ability to offer incentives to b 1816 nities, fish processors, and other inter- fishermen to reduce their bycatch. IN THE COMMITTEE OF THE WHOLE ested groups. A second area of concern is the pro- Accordingly the House resolved itself The Magnuson Act was enacted in tection of essential habitat. This has into the Committee of the Whole House 1976 in direct response to the depletion been a tough issue to wrestle with. We on the State of the Union for the con- of U.S. fishery resources by foreign ves- do not want to over-regulate the fish- sideration of the bill (H.R. 39) to amend sels. The Magnuson Act expanded U.S. ing industry; however, the Councils September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9117 and the National Marine Fisheries that ‘‘there are too many boats chasing the verge of collapse and with it will go Service should include in their Fishery too few fish’’ quite a bit today. It is es- tens of thousands of jobs. Yet, unbe- Management Plans a description of pecially true in some areas of the coun- lievably, the New England Fishery what habitat is essential for the con- try like New England. Management Council last week chose tinued health of the fishery. We have worked hard to create a ves- no action as one of the five options it The third area of change is to address sel buy-out program which does not re- will consider to address this tragedy. the problem of those stocks which are quire huge expenditures of taxpayer Serious action must be taken, and already overfished or may be in danger money. This program is a delicate com- soon, or we will save neither the fish of overfishing. This legislation requires promise that I want to thank GERRY nor the fishermen. the Secretary to report to Councils if STUDDS and his staff for working on so While the situation in New England any stock is approaching a condition of diligently. The program allows a buy- is the most severe, it is not unique. being overfished. This proactive identi- out fund to be initially capitalized The National Marine Fisheries Service fication of overexploited stocks will from already appropriated Federal pro- tells us that 40 percent of the fisheries enable the Councils to take steps to grams such as fisheries disaster pro- for which we have data are being har- keep the stocks from crashing. The bill grams. The fund will then be used to vested at a biologically unsustainable also requires that Councils implement bring the size of fishing fleets to a ra- rate, and another 43 percent are fully a rebuilding plan for any stock which tional number. Those vessels which re- exploited. We must act now, and assert is already overfished. If the Council is main in the fishery and benefit from without reservation that no action is not able to implement a plan within the reduction in fishing effort will then not an acceptable alternative. Other- one year, the Secretary is then re- repay the fund over a 15-year period. wise, we may force other fisheries quired to implement a plan. This is a compromise which works, and around the country into their own New Mr. Chairman, one of the most con- which will not bankrupt the Federal England-style crisis. That would mean tentious issues that we have worked on Government nor the fishing industry. this year has been the use of a limited Mr. Chairman, this is a good bill, and the collapse of an industry that pumps access management system known as one that has taken 3 years to develop. $50 billion into the national economy Individual Transferable Quotas [ITQ’s]. It is full of compromise, yet does not and creates hundreds of thousands of This type of management system allo- compromise on maintaining the health jobs. cates a percentage of the harvest to of the resource—which should be the The bill we are considering today vessels based on past history in the goal of everyone here. takes many significant actions to fishery, current level of harvest, and Mr. Chairman, I reserve the balance strengthen the Magnuson Act. First, several other criteria. Since 1990, three of my time. and, perhaps most importantly, it fisheries have already turned to ITQ’s Mr. STUDDS. Mr. Chairman, I yield seeks to bring an end to overfishing. as the preferable management option, myself such time as I may consume. No fishery should be harvested at a bio- the latest being the halibut/sablefish (Mr. STUDDS asked and was given logically unsustainable rate. The bill plan in the North Pacific. permission to revise and extend his re- requires the regional Fishery Manage- The use of ITQ’s has been hotly de- marks.) ment Councils to establish baselines by bated at the Council level and now at Mr. STUDDS. Mr. Chairman, hard as which to measure overfishing. In cases the national level. I believe that there it may be to believe, given the youth- where stocks are in decline, timelines are many issues yet to be resolved on fulness and vigor of the gentleman for action by the Councils are explic- the use of ITQ’s as a management tool. from Alaska [Mr. YOUNG] and myself, it itly spelled out; no action will no There are those who argue that this was 20 years ago on the floor of this longer be an alternative. If the Coun- bill kills any chance of ever enacting House that the gentleman and I, and cils still fail to act, the Secretary of another Individual Transferable Quota others, fought for passage of the origi- Commerce will be required to do so. At [ITQ] plan. It does not. It puts the nal act to secure U.S. jurisdiction and the appropriate time the gentleman brakes on the headlong rush to enact management authority over fisheries from Maryland [Mr. GILCHREST] will ITQ plans for all fisheries without ex- within 200 miles of our shores. Today, offer an amendment to strengthen this amining other limited access options. I we continue that battle to save our provision even further. I plan to sup- have heard of movements to manage a fisheries. port the amendment, and I urge other number of fisheries under ITQ plans in- Mr. Chairman, the problem we faced Members to do the same. then was that foreign fisherman were cluding: Pacific crab stocks, Bering Second, the bill seeks to reduce the decimating our stocks from Maine to Sea groundfish, New England lobster, bycatch and waste of economically un- Alaska, leaving little if any fish for our Gulf of Mexico red snapper, Atlantic desirable or prohibited species which own industry. We sought to push those bluefin tuna, and swordfish. I believe account for the mortality of hundreds fishermen out, promote the develop- that there are those at the National of millions of pounds of fish each ment of the U.S. capacity to harvest Marine Fisheries Service who have year—fish that one person may want to these valuable fisheries and establish a been advocating the use of ITQ’s for all discard but another may intend to har- responsible conservation and manage- fisheries and I think this should stop. vest. For every management plan, the This bill makes it clear that ITQ’s ment regime that would ensure the Councils will be required to adopt are a tool that the Councils can use, long-term sustainability of the re- measures that minimize bycatch, such but clarifies that the quota shares are sources and our industry. as gear restrictions, time and area clo- not property rights and do not convey American fishermen now have the sures, and incentives for fishermen to a permanent right to the resource. technology and the capacity to harvest avoid nontarget fish. We can not afford Some ITQ proponents do not like the every fish available in U.S. waters. to overfish the species we intend to guidelines we have put in this legisla- This advanced technology, overcapi- catch, and we must also reduce the in- tion. This debate has been going on for talization, and the lack of political will cidental take of these nontarget spe- more than 2 years and will probably to make tough management decisions cies. continue after this bill is passed by the have caused many stocks to face crises House and the debate turns to the Sen- similar to the situation in the 1970’s Third, the bill seeks to improve the ate, which is currently working to that spurred the passage of the original habitats that are essential to the pro- move similar reauthorization legisla- act. This time, however, there are no ductivity of more than 75 percent of tion. foreign fleets to blame. our fish and shellfish landings. Even if I think these guidelines bring some In New England for example, years of we address overfishing, the environ- rationality to ITQ management sys- overfishing have pushed groundfish mental community and the fishing in- tems. landings to an all-time low—even lower dustry agree that continued habitat Mr. Chairman, the problem of over- than when we were competing with for- loss could be catastrophic. The bill re- capitalization is another issue which eign fleets. Haddock is commercially quires fishery managers to identify has been debated by many of our Mem- extinct; cod and yellowtail are close areas that are important fish habitat bers for years. You will hear the phrase behind. A $200 million industry is on to ensure that they are protected. In H 9118 CONGRESSIONAL RECORD — HOUSE September 18, 1995 addition, it encourages Councils to pro- mittee on Resources, I had prepared an conservation and it's bad for the working men mote fishing practices that minimize amendment that I had voluntarily and women who make their living from the re- habitat damage. withdrawn that would have assisted sources of the sea. I strongly believe these The bill also establishes a mecha- the insular territories in developing family wage jobs must be protected. nism to allow a fishing industry to re- their fishery resources. My amendment Mr. Chairman, many of my constituents are duce the overcapitalization of its fleet, would allow the licensing of foreign alarmed at the potential impact of this legisla- reduce pressure on fisheries stocks and fishing vessels to allow fishing within tion. Their voices must be heard. Thus, I make remaining boats more profitable. the 200-mile exclusive economic zones would like to submit for the RECORD, imme- The chairman and I worked together surrounding the insular areas. The diately following my statement, some of their on this effort, which is essentially a funds derived from the licensing fees concerns. The first attachment is a critique loan program for the fishing industry would be used to assist the territories prepared by members of the fishing commu- paid for by those in the fleet who re- in conserving and managing these fish- nity who will be directly affected by this flawed main and benefit from a healthier re- ery resources. I had withdrawn this legislation. The second attachment is a report source. This program will be an impor- amendment in order to allow time for that examines the IFQ program for halibut and tant part of the recovery effort in New the majority and minority to work col- sablefish and its record in regards to crew England, and I thank the chairman for laboratively to find areas of agree- safety and bycatch utilization issues. his support. ment. Mr. Chairman, during the com- These issues deserve careful consideration Finally, the bill represents some- mittee markup you stated your com- as Congress debates the future of fishing law. thing that is so rare in these Chambers mitment to assisting the territories in The livelihoods of fishing families depend on of late—a bipartisan effort to protect developing their fishery resources and the outcome of these deliberations. our natural resources, and in turn ben- you also stated your support of an H.R. 39—A CRITIQUE efit our economy. Without healthy amendment that would return the ben- H.R. 39, the Fishery Conservation and Man- fisheries, communities around the efits of this development to the terri- agement Act Amendments of 1995, is bad leg- islation. The bill does not provide fisheries country that depend on them will soon torial governments. We have been working with the majority and minor- managers with the tools that are needed to face the economic hardships I see now resolve the most fundamental challenges to in my district. For that reason, I urge ity staffs to craft an acceptable com- the sustainability of our nation’s fisheries. Members to support this bill and op- promise amendment. Would the chair- The enactment of H.R. 39 would ensure that pose any efforts to weaken it. That will man support an amendment along excessive harvesting and processing capac- help us keep our fish and shellfish these lines? ity, waste of target and non-target species, bountiful and self-sustaining, and hold Mr. YOUNG of Alaska. If the gen- misallocation of resources among user out some hope of keeping family fisher- tleman will yield, I am pleased to re- groups, and severe risks to life and property state my commitment to the gen- at sea would continue to plague our fish- men productive and prosperous, and eries. alive and well. tleman from Guam in support of his ef- forts to allow some development of the INDIVIDUAL TRANSFERABLE QUOTAS b 1830 territory’s fisheries resources and The legislative scheme proposed by H.R. 39 establishes unwarranted, unprecedented, and I thank the gentleman from Alaska. allow any benefits from the licensing of foreign fishing vessels to accrue to probably insuperable, procedural and sub- It is a pleasure to work with him for an stantive hurdles to the establishment and embarrassing number of years. the territories for conservation and maintenance of ITQs, but not to the viability Mr. Chairman, I reserve the balance management of the fisheries resources. of any other limited entry systems or fishery of my time. I understand this amendment is being management measures. The scheme would Mr. YOUNG of Alaska. Mr. Chair- worked through the committee, with not only make promising new individual man, I yield myself such time as I may my staff and your staff, and, hopefully, quota systems highly improbable, but also consume. we will arrive at a conclusion that will effectively destroy the successful, existing programs. For many fisheries, including crab May I suggest nothing has been em- be beneficial to both of them. The mer- its of his amendment are strongly sup- and groundfish of the Bering Sea/Aleutian Is- barrassing. We have worked well over lands, ITQs represent the single most effec- these years, and only the length of ported by the chairman. The one reservation we have, we will tive means of reducing excessive fishing ca- time that he and I have served. pacity, thus ending the wasteful and deadly May I suggest that his area has been have to make sure of how the license race for fish, and greatly improving con- hardest hit. We thought we were doing fees will be utilized for the territory, servation, saving lives, and increasing the great things in 1976, and we did. We and we are attempting now to work it economic return for fishermen and their worked to try to Americanize our fleet. out where it goes to the fisheries im- communities. Provisions of H.R. 39 that work against in- Unfortunately, along the line, we did provement area. I have been in your area, and I have dividual quotas are as follows: some things, or they did some things, seen some of the actions by some of the 1. A new national ‘‘review panel’’ is to be that have damaged our fishing areas established to provide recommendations to foreign countries which you get no ben- around our Nation very harmfully, the Secretary of Commerce. Based on those efit from. I think that goes totally con- ‘‘they’’ being our ownselves. So we recommendations, new regulations would trary to the Magnuson Act. I would have to address this legislation. This is have to be promulgated, before any new ITQ support it with work on the amend- a step in the right direction. program could be implemented. This scheme ment. requires a new layer of bureaucracy and a Mr. STUDDS. If the gentleman will Mr. UNDERWOOD. I appreciate the new set of regulatory burdens, dilutes the yield, would the gentleman agree with gentleman’s sensitivity on that. role of local industry and the regional ap- me, if we are successful in strengthen- Mr. METCALF. Mr. Chairman, I rise in oppo- proach to fisheries management, and delays ing the act, we should consider renam- sition to H.R. 39, the Fisheries Conservation the implementation of new ITQs. At the ear- ing it? and Management Act. liest, ITQ regulations would not be promul- Mr. YOUNG of Alaska. No. This legislation would reauthorize and gated until September 30, 1998. Page 53, line 1-page 57, line 2.1 Mr. STUDDS. The gentleman still amend the Magnuson Act, which provides for does not like the ‘‘Young-Studds?’’ The national review panel should be de- the conservation and management of U.S. leted. Mr. YOUNG of Alaska. I do believe fishery resources and the development of U.S. 2. The Secretary of Commerce is provided the gentleman from Guam would like domestic fisheries. unique authority, unilaterally and without to enter a colloquy before we get in I am rather familiar with the gentleman for reference to identified procedures and ra- trouble. whom much of this Nation's fishing law is tional standards, to revoke or limit any indi- Mr. STUDDS. Mr. Chairman, I yield 2 named, former Senator Magnuson. I ran vidual quota (not only for violations, but minutes to the gentleman from Guam against him when he was reelected to the also for other reasons as determined by the Secretary), and to limit or terminate any [Mr. UNDERWOOD]. U.S. Senate in 1968 and 1974. We were ad- ITQ system, ‘‘at any time’’. This invites ar- Mr. UNDERWOOD. Mr. Chairman, I versaries then, but we might have had similar bitrary, politically-motivated actions by the would like to engage the chairman of opinions on these proposed changes to fish- the Committee on Resources in a col- eries law. 1 The page and line references are keyed to House loquy. Mr. Chairman, during the com- Mr. Chairman, this is a bad bill. It's bad for Legislative Counsel Document F/HAS/RES1/ mittee markup of H.R. 39 in the Com- the State of Washington, it's bad for fisheries H39.REP, May 30, 1995 (1:23 p.m.) September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9119

Secretary and bypasses the scheme of re- H.R. 39 would increase the cost to industry COMMUNITY DEVELOPMENT QUOTAS gional management. No other management at large, in the form of fees and lost reve- The bill requires the establishment of com- measures are subjected to such a scheme. nues, to a level of approximately 20% , before munity development quotas for all Bering Under current law, fishing permits can only any profits are made or federal income taxes Sea fisheries as permanent entitlements. be revoked for violations, and only after es- are paid. Page 43, line 12–page 44, line 24. There is no tablished procedures have been followed; New fees should be capped at 2% and limit on the newly mandated CDQ entitle- management programs can be amended or should be calculated on the basis of the un- ments, which represent simply a form of gov- terminated, but only by action of the Coun- processed value of the fish harvested and ernment economic and social engineering, cils, with the approval of the Secretary (ex- sold annually. This level should be more the cost of which is to be borne, not by soci- cept for highly migratory species). Page 48, than sufficient to cover any incremental ad- ety, at large, but by the fishing industry, lines 9–14; page 50, lines 7–12. ditional fisheries management costs attrib- alone. The provision for revocation of limitation utable to individual quotas. There are already CDQs in the amount of of individual quotas should be limited to en- 4. The ‘‘negative social and economic im- 7.5% of the pollock total allowable catch in forcement actions and should be subject to pacts’’ of ITQs on local coastal communities the Bering Sea. Based on recent prices, these prevailing procedural safeguards. must be ‘‘minimized’’. This is a standard CDQs are worth $30 million annually (and are The provision to terminate individual that is not applied to any other management reportedly being made tax exempt through quota systems should be subject to the nor- measures and could be impossible to satisfy. the establishment of foundations, and thus mal process by which fishery management Page 47, lines 16–19. are being removed from the general tax plans are amended. This standard should be deleted. Any nega- No later than 7 years after its implementa- base). tive social and economic impact on any com- tion, any individual quota implemented fol- There are also, at present, CDQs in the munities, not solely those that are local to lowing the date of enactment of H.R. 39 must amounts of 15% and 20% of the total allow- the fisheries, should be ‘‘considered’’, as are automatically terminate, unless affirma- able catches of sablefish and halibut, respec- other relevant factors in the management tively renewed. This reverses the administra- tively, in the Bering Sea/Aleutian Islands. At process under prevailing law. tive process established by the Magnuson current prices, the ex vessel values of these 5. Unlimited portions of the total allowable Act for all other management measures— CDQs are $3.4 million for sablefish and $2.36 catches could be set aside from any ITQ sys- they remain effective, unless they are time- million for halibut, annually. tem in order to provide for entry-level fish- limited by regulation or further action is The Alaska-dominated North Pacific Coun- ermen, small vessel owners, and crewmen taken to terminate or amend them. Page 48, cil has recently decided to establish CDQs at who do not qualify for ITQs. Page 50, lines 3– line 21–page 49, line 6. the level of 7.5% for all groundfish and crab The sunset provision would introduce a 6. These set-asides could result in the estab- fisheries of the federal exclusive economic unique, new element of uncertainly into ITQ lishment of parallel and inconsistent man- zone of the Bering Sea/Aleutian Islands area. programs. It would jeopardize the rational- agement systems, one for ITQs and one for This will yield an income transfer to the fa- ization of the fisheries—one of the principal open access derbies, and would certainly in- vored Bering Sea Alaskan coastal commu- benefits of ITQs—by preventing quota shares crease the cost of management. In addition, nities from historical fishermen of approxi- from being freely traded, particularly in the if implemented, this approach would further mately $80 million per year, according to the out years, as the termination date ap- compress the already overcapitalized large- Draft Environmental Assessment/Regulatory proaches. The sunset provision would also vessel fisheries. It should be noted that the Impact Review for License Limitation Alter- make it difficult or impossible to secure Commercial Fisheries Loan Program of the natives for the Groundfish and Crab Fish- much-needed loans with ITQs, Notably, this State of Alaska specializes in loans to com- eries in the Gulf of Alaska and Bering Sea/ scheme would not apply to the State of Alas- mercial fishermen to purchase vessels, lim- Alcutian Islands, dated September 18, 1994. ka salmon and herring limited entry per- ited entry permits, and even ITQs. $11 mil- This will be in addition to halibut and sable- mits, which are fully marketable personal lion is reported to be available at this time fish CDQs. At present there are 52 participat- assets worth almost $1 billion to individual for loans to fishermen who would not qualify ing Alaskan CDQ communities, with a total holders. for commercial lending on the open market. population of 21,000. This translates to a per- The sunset provisions should be deleted. This provision should be substantially petual annual transfer of $4,938 for every 3. New fees would be established for ITQs, modified to provide a different approach to man, woman, and child in those commu- but not for other limited entry permits or providing for entry-level fishermen, small nities, in terms of the value of the fish re- other management measures. There would be boat owners, and crew, or should be deleted. served to the CDQ program. In the case of a fee of 4% of the value of the harvested or For example, fees on holders of individual the 1034 historical crab and groundfish ves- processed fish annually. In addition, upon quotas could serve as a source of funding to sels that will be licensed to operate in the first issuance of quotas, there would be a fee facilitate the entry of fishermen into the Bering Sea/Aleutian Islands, the lost fishing of 1% on the value of the fish authorized to management system. Fees would not have to opportunity will be valued at $77,000 per ves- be harvested or processed. A further fee of exceed the suggested maximum of 2% to sel, based on recent prices. There is no prece- 1% would be applied to each subsequent achieve this purpose. dent for a federal agency, with or without transfer of quotas. These fee would be pro- 6. The ITQ scheme in H.R. 39 would not ef- express statutory authority, reallocating hibitively high. Moreover, it would be unfair fectively grandfather existing quota pro- private sector income for the purpose of re- to require payment of a fee based on the grams in order to avoid further, time-con- distributing economic wealth in so radical a amount of fish authorized for harvest, not on suming, expensive, and uncertain adminis- manner. the amount of fish actually landed and sold. trative action that could lead to renewed There must be a statutory limit on these The provision in H.R. 39 to delay implemen- litigation. Notably, the halibut/sablefish direct income transfers. Alaska natives have tation of these exactions for 5 years in the quota program was developed over a 10-year already received over $1.3 billion in federal case of the existing quota programs does not period, adopted by the North Pacific Council, payments under the Alaska Native Claims address the basic economic problem. Page 50, approved by the Secretary, and confirmed by Settlement Act and related sales of net oper- line 23–page 52, line 24. the Federal District Court in Alaska. H.R. 39 ating losses under special provisions of the In the context of the fisheries of the North would merely exempt the existing quota pro- tax laws. Pacific, it is important to take note of the grams from the 7-year termination require- It should be remembered that the commu- fact that the State of Alaska receives raw ment, but not from other destructive provi- nities that are accorded privileged treatment fish taxes (3–5% of landed value, one-half of sions. Page 48, line 21–page 49, line 2. The ap- under H.R. 39 could have long ago applied which goes to coastal ports) and borough plication of new criteria to old programs federal funds to the development of Bering taxes (2% of landed value) from the fisheries could greatly delay and otherwise hinder the Sea fisheries on a very substantial scale. in the federal exclusive economic zone. development of new ITQ systems. Rather, those communities chose to apply There is also an observer fee of 2% of the New criteria should not be applied retro- the federal funds primarily to other pur- value of the catch. The set-asides of special actively to existing quota systems. poses. In point of fact, these communities quotas from the federal exclusive economic It bears emphasizing that the State of have never been excluded from—nor been in zone for certain communities in Alaska rep- Alaska salmon and herring limited entry any manner dependent upon—the major fish- resent an additional cost to the industry at permit programs, which are successful, are eries of the federal exclusive economic zone large, in the form of lost fishing opportuni- subject to none of the conditions and restric- in the North Pacific. ties and revenues. These set-asides, called tions proposed for ITQs. As noted above, the It should also be remembered that CDQs do community development quotas (CDQs) are salmon and herring limited access permits not apply to limited access permits for salm- described below in detail. However, it is are currently worth to their holders almost on and herring in Alaska. noted here that the North Pacific Council $1 billion. This represents collateral for The CDQ provisions of H.R. 39 should be has approved CDQs for all groundfish and loans to facilitate entry into other fisheries amended to limit CDQs to a maximum of 3% crab fisheries in the Bering Sea/Aleutian Is- and provides economic stability for local of each affected fishery, and should be sub- lands area of the federal exclusive economic communities. H.R. 39 would establish an en- ject to criteria that would ensure these in- zone in the amount of 7.5% of the total al- tirely unfair and unwarranted double stand- come transfers from historical fishermen are lowable catch. Therefore, in the case of the ard to the detriment of fishermen who would dedicated to those communities that are North Pacific fisheries, the enactment of benefit from ITQ systems. most in need of assistance. H 9120 CONGRESSIONAL RECORD — HOUSE September 18, 1995

SAFETY OF LIFE AND PROPERTY AT SEA It is the Reserve’s opinion that the Central under the IFQ program has fallen 323 percent H.R. 39 has only weak provisions relating Kodiak area for sablefish represented an in- to .073 injuries per day. This is comparable to the safety of life and property at sea. Page dustry norm for available fishable days. to rates experienced between 1980 and 1984. 22, lines 4–5; page 25, lines 13–17. CONCLUSIONS 12. No amount of safety training and new safety laws can have as much affect as the In view of the fundamental importance of 1. In 1984, the sablefish fishery was Ameri- luxury of additional time to avoid bad reducing injuries and losses of life in the canized and had its first closure date other weather and not be forced to harvest against fisheries, there should be a national standard than December 31. The number of injury a set closing date. requiring that conservation and manage- claims between 1980 and 1984 were fairly con- 13. The IFQ program, by taking the race ment measures promote safety. It should be stant, averaging 21.4 per year. out of the Halibut and sablefish fishery, may noted that crab fishing in the Bering Sea is 2. Between 1980 and 1984, the accident rate well have had more positive aspects for the most dangerous profession in the United per fishable day was .064 per day. human safety than all the new Congressional States, according to the National Institute 3. The 1985 season represented the first requirements required by law, and yet there of Occupational Safety and Health. year that the fleet knew before the season are those who refuse to support having There should be a national standard that started that the sablefish season would not human safety as a new National Standard to requires fishery conservation and manage- be unlimited. The number of injuries in- the Magnuson Act for which regulations ment measures to promote safety of life and creased 18.7 percent between 1985 and the would be judged against. property at sea. previous 5 year average. However, the rate The conclusions for the 1995 season are CONCLUSION per number of fishing days available to the still waiting to be fully examined but as of fleet increased 265 percent. The fleet was H.R. 39 contains provisions that are ex- July 17, 1995, the number of claims and rate down to 155 days of operation between hali- tremely damaging. Positive elements of H.R. per day of claims which we have had re- but and sablefish seasons. 39 fall far short outweighing the negative corded have not been this low since the 1983 4. By the 1986 season, the fleet had realized provisions of the bill. H.R. 39 should be season when there was unlimited fishing that they were in a race for fish, the fishing amended to reflect the suggested changes time for sablefish and the halibut fishery in time reduced from 155 days in 1985 to 61 days with respect to ITQs, CDQs, and safety, or the Gulf of Alaska consisted of one 16-day in 1986. The number of injury claims re- the measure should be defeated. season and one 4-day season. This report is mained about the same as the previous year, intended to inform you of our perspective of 25 versus 26. But once again, the injury rate MARINE SAFETY RESERVE, the on-going IFQ program. per day increased this time by 241 percent Seattle, WA, July 18, 1995. FISHERIES INFORMATION SERVICES, from the year before. The injury rate per day To: The Alaska and Washington State Con- Juneau, AK, July 20, 1995. was now 650 percent above the rate per day gressional Delegation. To: Bob Alverson, FVOA. The following report on safety by the Ma- between 1980 and 1984. 5. By the end of the 1986 season, a fisher- From: Janet Smoker, FIS. rine Safety Reserve is an examination of the Here is the revised table showing discards man was 6.4 times more likely to be injured effects that the IFQ program for halibut and of sablefish and other groundfish in the Gulf during a halibut or sablefish opening than sablefish is having on crew injuries. The Ma- of Alaska sablefish fishery. As noted before, during the time period between 1980 and 1984 rine Safety Reserve was formed in 1954 as a I choose to use straight observer data be- when unlimited sablefish opportunities were crew liability pool to indemnify vessel own- cause the process of estimating discards in available. ers for Jones Act liability claims. The mem- the IFQ fisheries is a very complicated one bers of the Reserve are primarily from Wash- 6. The last year of derby fishing for either halibut or sablefish in 1994 recorded 33 claims that will not be thoroughly developed (by a ington State and Alaska with membership joint effort of IFHC and NMFS staff) until from all the West Coast states. The Reserve which represent 2.36 claims per fishable day in the Gulf of Alaska. This reflects that you this fall, and the bycatch extrapolation has specialized in longline fishing operation model used by NMFS in past years is thus since its inception and has had a consistent were 36.8 times more likely to be injured per fishable day than during the 1980 to 1984 time obsolete. number of longline vessels that it has cov- I was unable to prepare a similar table for ered. This examination attempts to look at frame. 7. The nature of injuries became more se- the halibut fishery. Groundfish bycatch and the rate of longline claims through mid-sea- discards in the halibut directed fishery have son July 17, from 1980 to the present and ra- vere as fishing gear was hauled faster. Prior to the race for fish, injuries usually included not been thoroughly documented. Discards of tionalize the difference in accident rates. halibut in the halibut IFQ fishery in 1995 The following is a composite of our claims an occasional hook in the hand, broken ribs and hernias, injuries that people healed up have not yet been estimated by IPHC. in the longline fleet through July 17, 1995 and Conclusions to be drawn from the table fol- from. By the time the Council voted ap- July 17th for the last 16 years since 1980. The low. proval of the plan, the 1992 season saw 12 number of longline vessels in the Reserve has 1. The percent of groundfish discarded de- lives lost in the halibut derbies. The Septem- remained constant through the period exam- creased from more than 24% in 1994 to less ber 1994 halibut opener for 24 hours saw 5 ves- ined. Approximately 70 of the Reserve mem- than 10% so far this year. This suggests that sels lost and one death. These two fisheries ber vessels have been dedicated to longline fishermen are better able to avoid unwanted had become killers. activities during the years examined. The species in the IFQ fishery. 8. The amount of hooks hauled and baited vessels typically covered are vessels with 4 2. The complementary conclusion, that by hand prior to 1990 may have been between to 6 person crews that deliver and sell fishermen are better able to target on sable- 10,000 to 12,000 hooks a day for a 5 to 6 man dressed fish. fish, is show by the fact that the percent of crew vessel and this increased to 17,000 to sablefish of all groundfish taken in the sable- 19,000 hooks per day by 1994 for the same size Number fish target fishery increased from 70% to of Total Fishing Injuries crew. Crews recalibrated their work days to claims 84%. Year claims days per fish- 28 and 30 hour days, as a result, new injury thru July for the available ing days 3. The percent of sablefish discarded de- year lawsuits of sleep deprivation emerged in the 17 creased from over 3% in 1994 to under 2% in courts. After conducting interviews, it ap- 1995, suggesting that fewer unwanted (e.g. 1995 ...... 9 ...... 123 .073 pears that the average vessel has reduced the 1994 ...... 14 33 14 2.36 undersized) sablefish are being taken. amount of gear being set per day by 30 to 40 1993 ...... 8 25 22 1.14 4. The percent of other groundfish that are 1992 ...... 21 41 27 1.51 percent under the IFQ program. discarded in the sablefish fishery has de- 1991 ...... 22 36 36 1.00 9. The derby fishery forced out of business 1990 ...... 24 40 62 .65 creased from 74% to 51%, suggesting that the majority of crew persons over 45 years 1989 ...... 23 40 61 .66 fishermen are better able to use incidental 1988 ...... 21 44 77 .57 old. The pace of the fishery was burning up take of other groundfish in the IFQ fishery. 1987 ...... 19 35 62.5 .56 crew members by the age of 40 with bad 1986 ...... 11 25 61 .41 5. The amount of groundfish sampled this backs, stress and fatigue. A typical 24 hour 1985 ...... 12 26 155 .17 year already exceeds that of 1994, even 1984 ...... 7 21 260 .081 halibut opening meant the crew was up 12 though only 60% of quota has been taken; 1983 ...... 9 18 365 .05 hours before the opening getting gear ready 1982 ...... 11 26 365 .07 IFQ fishery allows greater observer coverage to set and 12 to 20 hours after a season clean- 1981 ...... 11 24 365 .07 and better data collection. 1980 ...... 5 18 365 .05 ing fish and taking fish out of the holds. The 6. Last but not least, the halibut rate has pace of the fishery under the IFQ program decreased from almost 42% to 22% this year. The number of fishable days for the ice has slowed down as there are no time limits boat fleet for halibut and sablefish was fig- to stop a vessels’ fishing activity. FIG. 1.—GULF OF ALASKA LONGLINE SABLEFISH TARGET ured using the GOA fishable days for halibut, 10. Even with all the good safety training plus the time available in the Kodiak now required by Congress with the Safety CATCH, BYCATCH AND DISCARD DATA (MT) Central area for sablefish. Some vessels Act of 1986, the injuries per fishable day in- 1994 1995 1995/ fished in the western district of the GOA and creased 570 percent per fishable day between 1994 those seasons were somewhat longer than 1986 and 1994 following enactment of the Per- Per- Per- the Kodiak seasons. Some vessels fished only Safety Act. cent cent cent the southeast districts of the GOA, which 11. The injuries per day of fishing oppor- All groundfish: were shorter seasons than the Kodiak area. tunity in the first 123 days of fishing in 1995 Retained ...... 1949 76 2374 90 September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9121

FIG. 1.—GULF OF ALASKA LONGLINE SABLEFISH TARGET YOUNG and rise in support of H.R. 39, the allow fishermen in my State to have a better CATCH, BYCATCH AND DISCARD DATA (MT)—Continued Fishery Conservation and Management idea of what stocks are available. Amendments of 1995. More than anyone, fishermen have a stake 1994 1995 1995/ 1994 As many Members have mentioned here, in making sure that we have the best informa- Per- Per- Per- our fisheries, and in turn our family fishermen, tion available about the quantity and quality of cent cent cent are in trouble. In northern California, the salm- fish stocks. I would like to thank the West Discarded ...... 631 24 251 10 39 on fishermen have seen their season remain Coast Seafood Processors and Fisherman Total ...... 2579 2624 102 closed two years in row, the stocks devastated Marketing Association for their support of my by habitat loss. In New England, overfishing of amendment. Sablefish: cod and haddock have closed significant I look forward to working with the Chairman Retained ...... 1751 97 2173 98 Discarded ...... 58 3 39 2 55 areas of the once teeming waters of Georges and my colleagues in the Senate as we work Bank. In the Gulf of Mexico and the North Pa- toward reauthorizing this important Act. The Total ...... 1809 70 + 2212 84 + 120 cific, some fisheries are in decline or must be hardworking people of my State deserve noth- Other groundfish: shut down early as a result of high bycatch of ing less. Retained ...... 197 26 201 49 Mr. STUDDS. Mr. Chairman, I have Discarded ...... 573 74 212 51 69 these species by fishermen who are targeting totally different fish. no further requests for time, and I Total ...... 770 30 + 412 16 + 53 When we harvest our fish at an yield back the balance of my time. Mr. YOUNG of Alaska. Mr. Chair- Halibut ...... 1073 42 * 578 22 * 53 unsustainable rate, when we decimate the habitat that fish depend on for reproduction man, I have no further requests for +Proportion of all groundfish. *Proportion halibut to total groundfish. and growth, and when we continue to discard time. I urge a ‘‘yes’’ vote when this bill Notes: Source: NMFS observer program in-season data. Preliminary data, non-target species at unchecked rates, every- finally gets to the floor on the Magnu- observed vessels only; (not extrapolated to fleet). body loses. The resource, the fishermen that son Act, the renewal of the fisheries Mr. SAXTON. Mr. Chairman, I rise in sup- depend on it to make a living, and the con- conservation bill. port of H.R. 39, the Magnuson Fishery Con- sumers that face higher prices due to limited I have no further requests for time, servation and Management Act, and ask to re- supplies. Overfishing, habitat loss, and and I yield back the balance of my vise and extend my remarks. Congress en- bycatch are just a few of the problems that time. Mr. Chairman, I move that the Com- acted the Magnuson Act and created the 200- face our fisheries, severe economic impacts to mittee do now rise. our coastal fishing communities is the result. mile fishery conservation zoneÐnow called The motion was agreed to. the exclusive economic zoneÐin direct re- Last week, there was yet another news arti- Accordingly the Committee rose; and cle documenting the plight of the fishing indus- sponse to a dramatic rise in foreign fishing off the Speaker pro tempore (Mr. FOLEY) the coasts of the United States in the early try. ``Fisheries going the way of the family having assumed the chair, Mr. farm'' was the title of the story which detailed 1970s. One undisputed success of the Magnu- GOODLATTE, chairman of the Commit- son Act has been the virtual elimination of for- the challenges the small independent opera- tee of the Whole House on the State of eign fishing within the exclusive economic tors face today, driving many out of business. the Union, reported that that Commit- zone. To stem this tide, we must act now if we want tee, having had under consideration According to some environmental groups, to preserve the fish and the fishermen and the bill (H.R. 39) to amend the Magnu- the Magnuson Act succeeded in getting rid of protect fishermen's jobs, instead of short term son Fishery Conservation and Manage- foreign overfishing only to replace it with do- investors' profits. We must act now if we want ment Act to improve fisheries manage- mestic overfishing. to maintain an industry that encourages small ment, had come to no resolution there- Our fisheries resources are facing an ac- independent owner-operators and holds the on. knowledged crisis. The National Marine Fish- promise for crew members that invest their eries Service reports that some of the Nation's hearts and souls in the fishery that their hard f most historically important fisheries are in seri- work will enable them to fulfill the dream of CONTINUATION OF NATIONAL ous decline, including several key species of owning their own vessel and fishing just as EMERGENCY WITH RESPECT TO Northeast groundfish, many Pacific coast their fathers and grandfathers did. THE NATIONAL UNION FOR THE salmon runs, and Gulf of Mexico shrimp. The bill before us today represents a biparti- TOTAL INDEPENDENCE OF AN- During this year's reauthorization, the Mag- san effort to improve our fisheries manage- GOLA—MESSAGE FROM THE nuson Act must provide a framework for the ment system and maintain this way of life. I PRESIDENT OF THE UNITED recovery of diminished stocks. One of the is- congratulate the Chairman and the gentlemen STATES (H. DOC. 104–116) from Massachusetts and New Jersey for their sues that will have to be addressed is The SPEAKER pro tempore laid be- efforts to bring this legislation to the floor. At ``overfishing.'' The original Magnuson Act did fore the House the following message the appropriate time I will be offering an not define overfishing and the time has come from the President of the United amendment that I believe takes us even closer to do so. Our fisheries resources are too valu- States; which was read and, together to what I hope would be our goal for the future able to squander away. with the accompanying papers, without The Magnuson Act in its current draft is not of the fishing industry. In total, however, this is objection, referred to the Committee perfect, but it is comprehensive and does ad- a good bill and I urge Members to support it. on International Relations and ordered dress the problems I mentioned. One area Mrs. SMITH of Washington. Mr. Chairman, I to be printed: that I may offer an amendment on is in the want to take this opportunity during general definition of bycatch. Recreational fishermen debate of H.R. 39 to point out the importance To the Congress of the United States: are concerned that the bill's definition of of fisheries to my district. Section 202(d) of the National Emer- bycatch and the new language regarding this The Magnuson Act is vitally important to the gencies Act (50 U.S.C. 1622(d)) provides definition will cause the ``catch and release'' people of fishery dependent communities in for the automatic termination of a na- fisheries to be closed down by regional coun- southwest Washington. The action we take in tional emergency unless, prior to the cils. I may offer an amendment to make clear this legislation impacts among others, crab anniversary date of its declaration, the that ``catch and release'' fisheries cannot be fishermen in places like Grayland, Chinook President publishes in the Federal Reg- eliminated by regional management councils and Tokeland, and shoreside processors in ister and transmits to the Congress a to minimize bycatch. places like Westport. These are some of the notice stating that the emergency is to In closing, I compliment the chairman of the hardest working people I have ever seen, and continue in effect beyond the anniver- Resources Committee, DON YOUNG, and the all they want from the Federal fisheries pro- sary date. In accordance with this pro- ranking minority member of the Subcommittee gram is an opportunity to make a living. vision, I have sent the enclosed notice, on Fisheries, Wildlife and Oceans, which I I also want to point out that during consider- stating that the emergency declared chair, GERRY STUDDS, for their bipartisanship ation of H.R. 39 in the House Resources with respect to the National Union for during the drafting process of this bill. Committee I offered an amendment to estab- the Total Independence of Angola Mr. MILLER of California. Mr. Chairman, in lish a pilot program that starts a process to (‘‘UNITA’’) is to continue in effect be- a clear demonstration of the fact that fish truly contract out fish stock surveys to the private yond September 26, 1995, to the Federal do not know political boundaries, I find myself sector. This will allow fishermen to conduct Register for publication. on the same side of an resource management fish surveys and keep the catch as a way to The circumstances that led to the issue as the gentleman from Alaska, Mr. defer costs for the use of their boats. This will declaration on September 26, 1993, of a H 9122 CONGRESSIONAL RECORD — HOUSE September 18, 1995 national emergency have not been re- Order No. 12959 to further respond to 12 general licenses and 2 general no- solved. United Nations Security Coun- the Iranian threat to the national secu- tices authorizing various transactions cil Resolution 864 (1993) continues to rity, foreign policy, and economy of otherwise prohibited by the Executive oblige all Member States to maintain the United States. order or providing statements of licens- sanctions. Discontinuation of the sanc- Executive Order No. 12959 (60 Fed. ing policy. In order to ensure the tions would have a prejudicial effect on Reg. 24757, May 9, 1995) (1) prohibits ex- widest dissemination of the general li- the Angolan peace process. For these portation from the United States to censes and general notices in advance reasons, I have determined that it is Iran or to the Government of Iran of of promulgation of amended regula- necessary to maintain in force the goods, technology, or services; (2) pro- tions, FAC published them in the Fed- broad authorities necessary to apply hibits the reexportation of certain U.S. eral Register on August 10, 1995 (60 Fed. economic pressure to UNITA. goods and technology to Iran from Reg. 40881). In addition, FAC dissemi- WILLIAM J. CLINTON. third countries; (3) prohibits trans- nated this information by its tradi- THE WHITE HOUSE, September 18, 1995. actions such as brokering and other tional methods such as electronic bul- f dealing by United States persons in letin boards, FAX, and mail. Copies of goods and services of Iranian origin or these general licenses and general no- REPORT ON DEVELOPMENTS CON- owned or controlled by the Govern- tices are attached to this report. CERNING NATIONAL EMERGENCY ment of Iran; (4) prohibits new invest- General License No. 1 described those WITH RESPECT TO IRAN—MES- ments by United States persons in Iran transactions which were authorized in SAGE FROM THE PRESIDENT OF or in property owned or controlled by connection with the June 6, 1995 de- THE UNITED STATES (H. DOC. the Government of Iran; (5) prohibits layed effective date contained in Exec- 104–117) U.S. companies and other United utive Order No. 12959 for trade trans- actions related to pre-May 7 trade con- The Speaker pro tempore laid before States persons from approving, facili- tracts. General License No. 2 author- the House the following message from tating, or financing performance by a ized payments to or from Iran under the President of the United States; foreign subsidiary or other entity certain circumstances and certain dol- which was read and, together with the owned or controlled by a United States lar clearing transactions involving Iran accompanying papers, without objec- person of transactions that a United by U.S. financial institutions. General tion, referred to the Committee on States person is prohibited from per- License No. 3 authorized the expor- International Relations and ordered to forming; (6) continues the 1987 prohibi- tation of certain services by U.S. finan- be printed: tion on the importation into the Unit- ed States of goods and services of Ira- cial institutions with respect to ac- To the Congress of the United States: nian origin; (7) prohibits any trans- counts held for persons in Iran, the I hereby report to the Congress on action by any United States person or Government of Iran, or entities owned developments concerning the national within the United States that evades or controlled by the Government of emergency with respect to Iran that or avoids or attempts to violate any Iran. General License No. 3 also con- was declared in Executive Order No. prohibition of the order; and (8) al- tained an annex identifying 13 Iranian 12957 on March 15, 1995, and matters re- lowed U.S. companies a 30-day period banks and 62 of their branches, agen- lating to Executive Order No. 12959 of in which to perform trade transactions cies, representative offices, regional of- May 6, 1995. This report is submitted pursuant to contracts predating the fices, and subsidiaries as owned or con- pursuant to section 204(c) of the Inter- Executive order. trolled by the Government of Iran. national Emergency Economic Powers In Executive Order No. 12959, I di- General License No. 4 authorized (1) do- Act, 50 U.S.C. 1703(c) (IEEPA), and sec- rected the Secretary of the Treasury to mestic transactions involving Iranian- tion 505(c) of the International Secu- authorize through licensing certain origin goods already within the United rity and Development Cooperation Act transactions, including transactions by States except for transactions involv- of 1985, 22 U.S.C. 2349aa–9(c). This re- United States persons related to the ing the Government of Iran or an en- port discusses only matters concerning Iran-United States Claims Tribunal in tity owned or controlled by the Gov- the national emergency with respect to The Hague, established pursuant to the ernment of Iran, and (2) transactions Iran that was declared in Executive Algiers Accords, and other inter- by United States persons necessary to Order No. 12957 and matters relating to national obligations and United States effect the disposition of Iranian-origin Executive Order No. 12959. Government functions. Such trans- goods or services located or to be per- 1. On March 15, 1995, I issued Execu- actions also include the export of agri- formed outside the United States, pro- tive Order No. 12957 (60 Fed. Reg. 14615, cultural commodities pursuant to pre- vided that they were acquired by that March 17, 1995) to declare a national existing contracts consistent with sec- United States person in transactions emergency with respect to Iran pursu- tion 5712(c) of title 7, United States not prohibited by the order or by 31 ant to IEEPA, and to prohibit the fi- Code. I also directed the Secretary of C.F.R. Part 560, that such disposition nancing, management, or supervision the Treasury, in consultation with the does not result in the importation of by United States persons of the devel- Secretary of State, to consider author- these goods or services into the United opment of Iranian petroleum resources. izing United States persons through States, and that such transactions are This action was in response to actions specific licensing to participate in mar- completed prior to August 6, 1995. Gen- and policies of the Government of Iran, ket-based swaps of crude oil from the eral License No. 5 authorized the im- including support for international ter- Caspian Sea area for Iranian crude oil portation into the United States of in- rorism, efforts to undermine the Mid- in support of energy projects in Azer- formation and informational mate- dle East peace process, and the acquisi- baijan, Kazahkstan, and rials, confirmed the exemption of such tion of weapons of mass destruction Turkemenistan. information from the ban on expor- and the means to deliver them. A copy Executive Order No. 12959 revokes tation from the United States, and set of the order was provided to the Con- sections 1 and 2 of Executive Order No. forth a licensing policy for the expor- gress by message dated March 15, 1995. 12613 of October 29, 1987, and sections 1 tation of equipment necessary to estab- Following the imposition of these re- and 2 of Executive Order No. 12957 of lish news wire feeds or other trans- strictions with regard to the develop- March 15, 1995, to the extent they are missions of information. General Li- ment of Iranian petroleum resources, inconsistent with it. A copy of Execu- cense No. 6 authorized the importation Iran continued to engage in activities tive Order No. 12959 was transmitted to into the United States and the expor- that represent a threat to the peace the President of the Senate and Speak- tation to Iran of diplomatic pouches and security of all nations, including er of the House by letter dated May 6, and their contents. General License Iran’s continuing support for inter- 1995. No. 7 provided a statement of licensing national terrorism, its support for acts 2. In its implementation of the sanc- policy for consideration, on a case-by- that undermine the Middle East peace tions imposed against Iran pursuant to case basis, to authorize the establish- process, and its intensified efforts to Executive Order No. 12959, the Office of ment and operation of news organiza- acquire weapons of mass destruction. Foreign Assets Control (FAC) of the tion offices in Iran by U.S. organiza- On May 6, 1995, I issued Executive Department of the Treasury has issued tions whose primary purpose is the September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9123 gathering and dissemination of news to 5. The expenses incurred by the Fed- with respect to Angola that was de- the general public. General License No. eral Government in the 6-month period clared in Executive Order No. 12865 of 8 authorized transactions in connection from March 15 through September 14, September 26, 1993. This report is sub- with the exportation of agricultural 1995, that are directly attributable to mitted pursuant to section 401(c) of the commodities pursuant to pre-May 7 the exercise of powers and authorities National Emergencies Act, (50 U.S.C. trade contracts provided that the conferred by the declaration of a na- 1641(c), and section 204(c) of the Inter- terms of such contract require delivery tional emergency with respect to Iran national Emergency Economic Powers of the commodity prior to February 2, are approximately $875,000, most of Act, 50 U.S.C. 1703(c). 1996. General License No. 9 authorized which represents wage and salary costs import, export, and service trans- for Federal personnel. Personnel costs On September 26, 1993, I declared a actions necessary to the conduct of of- were largely centered in the Depart- national emergency with respect to ficial business by the missions of the ment of the Treasury (particularly in Angola, invoking the authority, inter Government of Iran to international the Office of Foreign Assets Control, alia, of the International Emergency organizations and the Iranian Interests the Customs Service, the Office of the Economic Powers Act (50 U.S.C. 1701 et Section of the Embassy of Pakistan in Under Secretary for Enforcement, and seq.) and the United Nations Participa- the United States. General License No. the Office of the General Counsel), the tion Act of 1945 (22 U.S.C. 287c). Con- 10 provided a statement of licensing Department of State (particularly the sistent with United Nations Security policy with respect to transactions in- Bureau of Economic and Business Af- Council Resolution 864, dated Septem- cident to the resolution of disputes be- fairs, the Bureau of Near Eastern Af- ber 15, 1993, the order prohibited the tween the United States or U.S. na- fairs, the Bureau of Politico-Military sale or supply by United States persons tionals and the Government of Iran in Affairs, and the Office of the Legal Ad- or from the United States, or using international tribunals and domestic viser), and the Department of Com- U.S.-registered vessels or aircraft, of courts in the United States and abroad. merce (the Bureau of Export Adminis- arms and related materiel of all types, General License No. 11 authorized the tration and the General Counsel’s Of- including weapons and ammunition, exportation of household goods and fice). military vehicles, equipment and spare personal effects for persons departing 6. The situation reviewed above con- parts, and petroleum and petroleum from the United States to relocate in tinues to involve important diplo- products to the territory of Angola Iran. General License No. 12 authorized matic, financial, and legal interests of other than through designated points the provision of certain legal services the United States and its nationals and of entry. The order also prohibited to the Government of Iran or to a per- presents an extraordinary and unusual such sale or supply to the National son in Iran and the receipt of payment threat to the national security, foreign Union for the Total Independence of therefor under certain circumstances. policy, and economy of the United Angola (‘‘UNITA’’). United States per- General Notice No. 1 described infor- States. The declaration of the national mation required in connection with an emergency with respect to Iran con- sons are prohibited from activities that application for a specific license to tained in Executive Order No. 12957 and promote or are calculated to promote complete the performance of pre-May 7 the comprehensive economic sanctions such sales or supplies, or from at- trade contracts prior to August 6, 1995 imposed by Executive Order No. 12959 tempted violations, or from evasion or (except with respect to agricultural underscore the United States Govern- avoidance or transactions that have commodities as provided by General ment’s opposition to the action and the purpose of evasion or avoidance, of License No. 8). General Notice No. 2 in- policies of the Government of Iran, par- the stated prohibitions. The order au- dicated that the Department of the ticularly its support of international thorized the Secretary of the Treasury, Treasury had authorized the U.S. agen- terrorism and its efforts to acquire in consultation with the Secretary of cies of Iranian banks to complete, weapons of mass destruction and the State, to take such actions, including through December 29, 1995, trans- means to deliver them. The Iranian the promulgation of rules and regula- actions for U.S. exporters involving Transactions Regulations issued pursu- tions, as might be necessary to carry letters of credit, which they issued, ant to Executive Order No. 12957 and out the purposes of the order. confirmed, or advised prior to June 6, No. 12959 continue to advance impor- 1995, provided that the underlying ex- 1. On December 10, 1993, the Treasury tant objectives in promoting the non- Department’s Office of Foreign Assets port was completed in accordance with proliferation and antiterrorism policies the terms of General License No. 1 or a Control (‘‘FAC’’) issued the UNITA of the United States. I shall exercise (Angola) Sanctions Regulations (the specific license issued to the exporter the powers at my disposal to deal with by FAC. General Notice No. 2 also ‘‘Regulations’’) (58 Fed. Reg. 64904) to these problems and will report periodi- implement the President’s declaration noted that the U.S. agencies of the Ira- cally to the Congress on significant de- nian banks were authorized to offer of a national emergency and imposi- velopments. discounted advance payments on de- tion of sanctions against Angola WILLIAM J. CLINTON. ferred payment letters of credit, which (UNITA). There have been no amend- THE WHITE HOUSE, September 18, 1995. they issued, conformed, or advised, pro- ments to the Regulations since my re- vided that the same criteria are met. f port of March 27, 1995. 3. The Iranian Transactions Regula- REPORT ON DEVELOPMENTS CON- The Regulations prohibit the sale or tions, 31 CFR Part 560 (the ‘‘ITR’’), CERNING NATIONAL EMERGENCY supply by United States persons or have been comprehensively amended to WITH RESPECT TO ANGOLA— from the United States, or using U.S.- implement the provisions of Executive MESSAGE FROM THE PRESIDENT registered vessels or aircraft, of arms Orders No. 12957 and No. 12959. The OF THE UNITED STATES (H. DOC. and related materiel of all types, in- amended ITR were issued by FAC on 104–118) September 11, 1995 (60 Fed. Reg. 47061– cluding weapons and ammunition, The SPEAKER pro tempore laid be- 74) and incorporate, with some modi- military vehicles, equipment and spare fore the House the following message fications, the General Licenses cited parts, and petroleum and petroleum from the President of the United above. A copy of the amended regula- products to UNITA or to the territory States; which was read and, together tions is attached to this report. of Angola other than through des- 4. In consultation with the Depart- with the accompanying papers, without ignated points. United States persons ment of State, FAC reviewed applica- objection, referred to the Committee are also prohibited from activities that tions for specific licenses to permit on International Relations and ordered promote or are calculated to promote continued performance of trade con- to be printed: such sales or supplies to UNITA or An- tracts entered into prior to May 7, 1995. To the Congress of the United States: gola, or from any transaction by any It issued more than 100 such licenses I hereby report to the Congress on United States persons that evades or allowing performance to continue up to the developments since March 26, 1995, avoids, or has the purpose of evading or August 6, 1995. concerning the national emergency avoiding, or attempts to violate, any of H 9124 CONGRESSIONAL RECORD — HOUSE September 18, 1995 the prohibitions set forth in the Execu- tleman from Washington [Mr. WHITE] is DOGGETT] is recognized for 60 minutes tive order. Also prohibited are trans- recognized for 5 minutes. as the designee of the minority leader. actions by United States persons, or in- [Mr. WHITE addressed the House. His Mr. DOGGETT. Mr. Speaker, during volving the use of U.S.-registered ves- remarks will appear hereafter in the the next hour, on behalf of the Demo- sels or aircraft, relating to transpor- Extensions of Remarks.] crats, I want to discuss the future of tation to Angola or UNITA of goods the Medicare in this country. It is a very f exportation of which is prohibited. serious matter that affects literally The Government of Angola has des- The SPEAKER pro tempore. Under a millions of Americans, not only Amer- ignated the following points of entry as previous order of the House, the gentle- ican seniors but several million Ameri- points in Angola to which the articles woman from Illinois [Mrs. COLLINS] is cans who are disabled, people with dis- otherwise prohibited by the Regula- recognized for 5 minutes. ability who rely on Medicare, and on tions may be shipped: Airports: Luanda Mrs. COLLINS of Illinois addressed all of us who care for an individual who and Katumbela, Benguela Province; the House. Her remarks will appear is beneficiary of Medicare, who might Ports: Luanda and Lobito, Benguela hereafter in the Extensions of Re- someday be on Medicare ourselves if we Province; and Namibe, Namibe Prov- marks.] are fortune enough and who care about ince; and Entry Points: Malongo, f what is happening to health care for Cabinda Province. Although no specific The SPEAKER pro tempore. Under a some of the most vulnerable people in license is required by the Department previous order of the House, the gentle- our society. of the Treasury for shipments to these woman from Texas [Ms. EDDIE BERNICE This particular discussion and other designated points of entry (unless the JOHNSON] is recognized for 5 minutes. discussions we will have during this item is destined for UNITA), any such special order period of Congress this [Ms. EDDIE BERNICE JOHNSON of exports remain subject to the licensing week are very important because of the Texas addressed the House. Her re- requirements of the Departments of fact that there is an effort in this Con- marks will appear hereafter in the Ex- State and/or Commerce. gress to rush through a destruction of tensions of Remarks.] 2. The FAC has worked closely with the Medicare system, at least the be- the U.S. financial community to assure f ginning of the destruction of that sys- a heightened awareness of the sanc- The SPEAKER pro tempore. Under a tem, to rush it through without ade- tions against UNITA—through the dis- previous order of the House, the gen- quate consideration by this Congress or semination of publications, seminars, tleman from California [Mr. MILLER] is adequate opportunity for the American and notices to electronic bulletin recognized for 5 minutes. people to know exactly what is about boards. This educational effort has re- [Mr. MILLER of California addressed to befall them. sulted in frequent calls from banks to the House. His remarks will appear We are at a time near the dinner assure that they are not routing funds hereafter in the Extensions of Re- hour here in Washington when many in violation of these prohibitions. Unit- marks.] Members will be pursuing other mat- ed States exporters have also been no- f ters. So, for any who are unable to par- tified of the sanctions through a vari- ticipate in all of these deliberations to- The SPEAKER pro tempore. Under a ety of media, including special fliers night, I think I can sum up the hour in previous order of the House, the gen- and computer bulletin board informa- pretty short terms, and that is that tleman from South Carolina [Mr. tion initiated by FAC and posted now that we have the Republican Medi- SPRATT] is recognized for 5 minutes. through the Department of Commerce care plan before us, we know that it is and the Government Printing Office. [Mr. SPRATT addressed the House. a plan that essentially says to the peo- There have been no license applica- His remarks will appear hereafter in ple of America that you will be able to tions under the program. the Extensions of Remarks. pay more and get less. That is what 3. The expenses incurred by the Fed- f this plan is all about, and we will be eral Government in the 6-month period The SPEAKER pro tempore. Under a talking about the details of that plan from March 25, 1995, through Septem- previous order of the House, the gen- and fleshing out what it is about. ber 25, 1995, that are directly attrib- tleman from New York [Mr. OWENS] is In nature, scientists have theorized utable to the exercise of powers and au- recognized for 5 minutes. that there is a natural phenomenon thorities conferred by the declaration [Mr. OWENS addressed the House. known as a black hole. It is a fitting of a national emergency with respect symbol for this Republican pay-more- to Angola (UNITA) are reported to be His remarks will appear hereafter in the Extensions of Remarks.] yet-less plan, a black hole. A star may about $170,000, most of which rep- shine very brightly and then implode resents wage and salary costs for Fed- f upon itself, and the gravitational eral personnel. Personnel costs were The SPEAKER pro tempore. Under a forces become so severe, so strained largely centered in the Department of previous order of the House, the gentle- that finally matter is compacted in and the Treasury (particularly in the Office woman from Ohio [Ms. KAPTUR] is rec- on top of itself, it is theorized, to such of Foreign Assets Control, the Customs ognized for 5 minutes. an extent that even light cannot Service, the Office of the Under Sec- [Ms. KAPTUR addressed the House. escape. retary for Enforcement, and the Office Her remarks will appear hereafter in That is what is really occurring with of the General Counsel) and the De- the Extensions of Remarks.] this so-called Republican Medicare partment of State (particularly the Of- f plan, the Republican star having fice of Southern African Affairs). The SPEAKER pro tempore. Under glowed so brightly in the early days of I will continue to report periodically this session of Congress, now imploding to the Congress on significant develop- the Speaker’s announced policy of May 12, 1995, the gentleman from California and falling in on itself so that when we ments, pursuant to 50 U.S.C. 1703(c). talk about Medicare and the pay-more- [Mr. RIGGS] is recognized for 60 min- WILLIAM J. CLINTON. get-less plan, it is difficult for even THE WHITE HOUSE, September 18, 1995. utes as the designee of the majority leader. light to escape concerning the details f of this plan. [Mr. RIGGS addressed the House. His SPECIAL ORDERS The Republican leadership, of course, remarks will appear hereafter in the has a longstanding ideological opposi- The SPEAKER pro tempore. Under Extensions of Remarks.] tion to both social security and to the Speaker’s announced policy of May f Medicare. 12, 1995, and under a previous order of the House, the following Members will THE FUTURE OF MEDICARE IN b 1845 be recognized for 5 minutes each. THE UNITED STATES Individual leaders have not been the f The SPEAKER pro tempore. Under least bit bashful until recent days in The SPEAKER pro tempore. Under a the Speaker’s announced policy of May voicing their strong opposition to Med- previous order of the House, the gen- 12, 1995, the gentleman from Texas [Mr. icare and to Social Security. They have September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9125 spoken out against it again and again we had a great build-up to a perform- some of the people that I represent and again to anyone who was listening. ance that was going to occur here in down in Texas are and who want to They have been clear in their purposes. the Congress. When the day arrived on have the alternative of staying in their They have not hid their light under a Thursday after announcements in the own home instead of going into a nurs- bushel. They have made it clear that national news media, on Meet The ing home, allows them to do that. But they are opposed to the basic premise Press, and in other forum around the that is one of the ones that is on what upon which Social Security and Medi- country, we had all of these Republican they call the menu of services, along care depend. bright lights and not-so-bright lights with medical laboratories, to be tar- Indeed, their forbearers in this Con- assembled, the luminaries, supporting geted. gress were equally clear about their ob- this Medicare plan, and when all was The article goes on to describe the jectives. When my colleague of years said and done, we knew about as little great concern over the gimmickry of back, a great leader, a central Texan, at the end of the day as we did before announcing a plan without announcing Lyndon B. Johnson signed into law, the performance ever occurred. the details, or explaining how it is that Medicare, 30 years ago, over 90 percent, It was as if they had forgotten the the changes being proposed can ever over 9 out of every 10 Republican Mem- lines to their play or their song or lead to $270 billion in savings. bers of this Congress, House and Sen- whatever you will with reference to There are a good many other things ate, opposed what President Johnson Medicare reform, because, as Congress that I want to say about this plan, but was doing, opposed setting up Medicare Daily reported after that great per- I see that among the most forceful and in the first place. formance, they said, ‘‘It is clear the eloquent opponents of this plan, sev- The current majority leader of the proposal is more of a wish list than a eral have arrived here who I know want Republican Party, the gentleman from finished product.’’ The Wall Street to join in explaining the ramifications Texas [Mr. ARMEY] has been quite clear Journal, never known for its particular of this plan, not only for those of us in his sentiments on the subject. In dislike of the Republican party said, who live in Texas, but for people across 1984 he said that Social Security was a ‘‘The plan lacked many important de- this country. bad retirement and a rotten trick on tails.’’ Indeed, we have few details Mr. Speaker, I would yield at this the American People. A few years other than that it is a pay more, get point to the gentlewoman from Con- later, in fact, a decade later, last Sep- less plan for American seniors after the necticut [Ms. DELAURO], my colleague tember, he said, ‘‘I would never have program had been completely unveiled. and a distinguished Member of Con- created the Social Security system.’’ Mr. Speaker, the interesting thing, gress, for observations that she might And speaking in my home State of and perhaps one of the most interest- have on this matter. Texas in the summer of this year, July ing comments, came not from any Ms. DELAURO. I want to thank my 1995, the Houston Chronicle reported on Democrat or from any commentator, colleague for taking the time this his comments under the title, ‘‘For but from a Republican Member of the evening to engage in this debate, which now, Armey keeping lid on Medicare U.S. Senate who happened to chair the I view as the most serious public policy reform.’’ Medicare working group. He was issue that we are going to have in this ‘‘It is risky to debate in public,’’ he quoted in The New York Times of last body over the next several months. I says. He was quoted as saying, ‘‘I re- week as saying, ‘‘We do not know ex- just want to pick up on what you were sent the fact that when I am 65, I must actly what is going to be in it but we saying from the newspapers, or from enroll in Medicare. I deeply and pro- think we can get it approved by Sep- the commentary today. foundly resent that,’’ he said. ‘‘It is an tember 22.’’. One comment that I have is that it imposition on my life.’’ Is that not really the heart of the looks as if the Republicans are cooking Mr. Speaker, it is that kind of philos- problem, that a plan developed in se- the books on their Medicare plan, and ophy that has generated the Repub- cret, that we know only a few details it is really America’s seniors who are lican Medicare plan, the pay more, get about, having leaked out through a getting burned. less plan. It is the kind of philosophy staff memorandum here, or through a You will recall that last week the that begins in weakening the Medicare particularly able investigative reporter Speaker of the House had to be cor- system and will eventually affect So- there, a few details come out regarding rected by staff members after he under- cial Security itself. Indeed, we have a the plan, and the members, though, say estimated how much more seniors will further indication of the commitment that they are ready, like the star that pay under his party’s Medicare pro- of this Republican Party with reference implodes on itself and gets packed in in posal. But let me just say that the to Social Security itself in a very in- a packed kind of mentality, to go out Speaker is not the only one that is con- teresting article from the Progress and and support a plan that they really do fused about the GOP’s sketchy plan to Freedom Foundation newspaper called not even have the details on. save Medicare. ‘‘American Civilization.’’ In February In fact, as recent as this morning, in Just as you were saying, the headline of this year, this is 1995, not 1935, in this morning’s Washington Times, we in the Washington Times today, the February of this year, the lead edi- find the black hole symbol has another quote is, ‘‘GOP’s Medicare savings torial is called, ‘‘For Freedom’s Sake, meaning with reference to this plan, doubted.’’ Who was the article refer- Eliminate Social Security.’’ It talks and that is a giant hole in the plan it- ring to? Not Democrats, but the chief about the importance of slaying the self, and the fact that they have taken skeptic in the article is none other, is Social Security dragon, of privatizing a number, $270 billion, out of the Medi- one other than the Republican chair- Social Security. care system, and they are not sure man of the House Budget Committee. Mr. Speaker, it is this goal to pri- where the numbers are going to come That is who is doubting this plan. vatize and to destroy Medicare, and the from to yield that $270 billion. Today’s Again, as you pointed out, the Demo- Social Security system, that is at the Washington Times leads off, ‘‘The Re- crats last week pointed out that $80 heart of what is happening during this publican budget experts are nervous billion in the GOP plan, that there was point in the life of this particular Con- that their emerging Medicare reform going to be there, this $80 billion, a gress. It is essential that the American plan could fall as much as one-third.’’ black hole. Now the leading budgetary people understand that this is not a That is $1 out of every $3 that they expert in the Republican Party agrees matter of short-term political debate, have promised, off the targeted $270 bil- that the numbers just do not add up, but it is a part of a long-range, highly lion in savings, and be dismissed as and that he is concerned, as are others, ideological strategy to go to the heart gimmickry, and indeed, there is a good that the plan is going to be dismissed of Medicare and to go to the heart of bit of gimmickry here. It says that the as gimmickry. the Social Security system itself. backup plan that they are considering Paranoia about the public knowing We know that there is therefore, as does not yet spell out which payments that the numbers do not add up truly the heading in the Houston Chronicle will be cut. It only lists a menu of serv- has caused the Republicans to back story of this summer indicates, very ices, such as home health care. That is down from their promise to release little interest in debating in public this the kind of health care that allows peo- that plan last week, and it is no wonder particular proposal. Indeed, last week, ple who are as independent-minded as that they are skittish about the plan. H 9126 CONGRESSIONAL RECORD — HOUSE September 18, 1995 It is sketchy, and it appears that even and we somehow ought to bring them away to someone, anybody, that will the Chairman of the Budget Committee back and particularly bring them back come by now and then write a prescrip- is questioning the Speaker’s new math. to pay for tax breaks for the wealthiest tion, or the gimmick now is not to But I will tell you that one of the Americans, cut off the seniors and pay write a prescription, but to send them other pieces in this article today con- for this tax break. to the over-the-counter medications firms seniors’ worst fears about the What they fail to realize is that most and just double the medicine so they GOP Medicare proposal, and that is, in seniors in this Nation are living on would not have to have pay and they fact, that the worst, that the very fixed incomes. These are folks who can afford it. It is a game, it is a gim- worst is yet to come. Two weeks ago have worked all of their lives and they mick, and it is totally unnecessary. If when they made reference to the $80 are entitled to retire with dignity. it was absolutely necessary to keep the billion hole in their plan as ‘‘future un- I met a whole bunch of folks this system going, I think that people specified cuts,’’ apparently this was weekend, I was out all weekend, and would try their best, as they would do much too descriptive a phrase, ‘‘future people just kept coming up to me and anyway, to make it. But it is totally unspecified cuts.’’ saying do not let them cut our Medi- unnecessary because all of us know So now what the Republican leader- care. Do not do that. One woman said that this system is not in that kind of ship is calling the $80 billion shortfall to me yesterday, she said, if it was not trouble. is this look-back provision. In other for Medicare, I would not be here This is being done to the persons words, if they fall short of the pro- today. they consider powerless so that they jected savings, they can look back and can give this tax break to the wealthy. b 1900 they can make more cuts. This is buy- It is not fair to them. If we have been ing a pig in a poke. And what we ought We all can see the game that is being a part of paying into a system that has to do is to rename the look-back to is played here, and particularly seniors afforded the research, that afforded the the reach-back provision, because it is are getting the message that there is a ways to make the health status better nothing short of a license to reach scam being perpetrated on them. and cause people to live longer, is this back into the pockets of seniors. Ms. EDDIE BERNICE JOHNSON of what they are looking forward to just One other comment on this article, Texas. You know, I have done a lot of because they live longer? Is a system because I think the article is very in- visiting as well, but I did not find any- who refuses to do what it has promised, teresting. The article also lists the one who felt that they were paying too the real contract that was made for gentleman from Connecticut [Mr. little. Many of them are just barely persons who worked, paid into the sys- SHAYS], who is a colleague of mine, getting by with the cost of it now be- tem, and now that they need it, and someone who is very well respected in cause these, many of these people, are perhaps live past 75; they are saying, this body, as also being critical of the persons who worked some years ago, ‘‘No more. Take it this way or no way GOP Medicare plan. He says that he is looking out for this day when they at all.’’ concerned that the plan will not meet would be on a fixed income. They did It is not fair to them. savings projections because only high- not make that much money, and so Mr. DOGGETT. Well, you used the end beneficiaries will have reason to even to say to them about the savings word ‘‘gimmick,’’ and I noticed in look- stay in the Medicare system, while account is a joke because they do not ing at it, and I hope my colleague from young, healthy beneficiaries are going have that money. They barely have Connecticut will hold or point to that to leave. enough to pay any co-payment now. Washington Times in the way that our The gentleman from Connecticut is So, if it goes up any, it is simply elimi- many colleagues who are watching this right to be concerned, and his concern nating care for them. in their office on television can see; brings us to the crux of what is wrong Mr. DOGGETT. I noticed that there that is the word that Republican staff- with the Medicare proposal. are, according to reports, some 11 mil- ers, there in the Washington Times, are The cost of Medicare is rising be- lion elderly women in this country who using; it is not, Congresswoman cause the cost of medical care contin- have incomes below $8,500 per year, and DELAURO? ues to rise in this country. I am wondering, based on not only your Ms. DELAURO. In couple of areas— Mr. DOGGETT. If I might just make service here in the Congress, but your actually the chair of the Budget Com- a further observation on that part of experience in the health care profes- mittee is fearful that the plan that has the article, because I think it is impor- sions, if you represent some of those been currently proposed falls so far tant. I noticed just in advance of the people and what impact you think it short of the mark that it will be dis- portion you were quoting your col- will have on them if they are suddenly missed as gimmickry; that is the chair- league from Connecticut, the article faced with this new Republican Medi- man’s commentary. And the lockback says that seniors are unlikely to want care plan which requires them, out of provision further is regarded as the to leave the existing program, that is that little bit of income, to pay more queasiness, I quote, the queasiness we the Medicare we have known for 30 and get less. have is that it might be perceived as a years, if it remains so inexpensive. And Ms. EDDIE BERNICE JOHNSON of gimmick of some sort. one Republican Member is quoted as Texas. Well, let me tell you it means Let me tell you it is not only being saying, ‘‘It is too good a deal. Seniors not being able to buy groceries for a perceived as a gimmick of some sort, it are shielded from the cost.’’ month, or not being able to pay a light is a gimmick that is precisely what Is not part of the problem here just a bill, or some kind of energy or fuel bill, they have done here, and I will tell you basic premise on the part of our Repub- or doing without prescription medica- that seniors are beginning to recognize lican colleagues that seniors do not tions. They do not have the money, and this all over this country, that that is pay enough for their health care, that to get less normally means not having what is being done. they are getting off too cheap, that a choice of who their health care pro- Mr. DOGGETT. And this whole ap- just having to pay 21 percent of their viders are, and we are talking about proach of trying to create the appear- income out of their annual income for people who have been with the same ance that, unless we rush something health care is just simply not enough, physician for a number of years, and through here in a single day of hear- and that we need to hike the cost of all of us know that the mental health ings, suddenly the system will go bank- health care for seniors. and the mental state of one has more rupt, and people will be without their Ms. DELAURO. That is absolutely ac- to do with the healing or as much to do Medicare. That is all a gimmick; is it curate, because assuming that seniors with it as any medication, and, when not? are getting well taken care of and that you simply shift suddenly someone to Ms. DELAURO. That is right, and it we ought to curtail what benefits that another provider under the guise of is as if we understand that you can they have been getting and that they getting cheaper care, then you actually make changes in Medicare and you can ought to pay more and it is not just a getting much less because all decisions make it a better system. That does question of taking a look at upper in- are removed. not—fixing it is not destroying it, and come seniors, but all seniors, the bene- It is like all of a sudden these people to pick up on what my colleague from fits is this great largesse of benefits have become just a number to shift Texas was saying as well, it is that if September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9127 you—if you want to control the cost of and we do know the reason now given We are saying the only reason why health care, you must do it in all areas for the cuts. We do not know how they you need a $270 billion cut over a pe- of health care. You must not make a were cut. We do know the reason why riod of 7 years is because you have a determination that you are doing to they were cut. $245 billion tax cut. If you took that off control the cost of Medicare, leaving Why must we make such large cuts? of the table, you could reform it with everything else in the health care sys- We must make such large cuts because less. tem going up and thereby utilizing the we want to give what, $245 billion to What would be some of those re- Medicare trust fund as a piggy bank to the well off. If we did not have that on forms? Some of those reforms would be be able to take care of particularly a the table, we would not have to cut so fraud, making sure that people were tax break, but using Medicare as the deeply. We would not have to cause paying no more than they should pay scapegoat on trying to hold down the such large pain. for their service and their Medicaid. costs of health care, overall health care Last Sunday Speaker GINGRICH’s re- Others, make sure that people who costs in general, and the way we try to call said the American people would were abusing the system, and I would do in the last session of Congress, to only probably suffer increase by some say to you, if the Republicans were sin- overall health care reform. So that $7. Now, and that was before the sum- cere about the fraud, they would have your chart, pay more and getting less, mary was made. In 2 days later, the put more inspectors in it and we would is what this is all about. next Tuesday, he came out and said invite them to join us in fighting the Mr. DOGGETT. And I know this pay- only maybe about $32 a month, and fraud by putting the capacity there to more, get-less Republican Medicare again that was before the summary investigate hospitals, to investigate plan is going to have severe con- was made, so those figures are not providers, but those provisions are not sequences in North Carolina, and I see known by the people who are proposing there. our colleague from North Carolina here the cuts, and they are saying to the We do need to work to save Medicare. to comment on the impact of people in American people this is not going to be Mr. DOGGETT. On that point, in fact her State. very painful, trust us. when the appropriations bill was here Mrs. CLAYTON. I want to commend But mind you, I tell you these are on the floor of the House only a few you for having this special order on the same people who also said, ‘‘Trust weeks ago, they actually cut the this very important session and my us,’’ when Medicare was being—for- money available for enforcement of colleagues both who have commented mally in 1965. They has this same fraud; did they not? on health care. mindset, and that indeed was to deny Mrs. CLAYTON. Absolutely right, Let me say to the Speaker and to my those who had retired and worked most they did, and I think that was an op- colleagues who are listening that the of their life for the comfort of their re- portunity they had to demonstrate to proposed cut in Medicare and Medicaid tirement. the American people that they were is the most important health issue fac- Mr. DOGGETT. So these are people sincere in retching down the costs by ing this Congress and the American that have opposed Medicare—— making sure those costs that were ille- people, and for that reason there Mrs. CLAYTON. Consistently. gal, those costs were abusive, that they should be a rational discussion, there Mr. DOGGETT. In statements all would go after that, but, rather than do should be full hearing, there should be over the country, have voted against that what are they doing? They are bipartisan support, to do what? To pro- it, have told their neighbors they are saying to the poor, the beneficiaries tect Medicare. The majority, however, against it, perhaps at times have writ- themselves, you must bear that bur- propose to cut the Medicare Program ten against it, have been on television den. by some $270 billion over a period of 7 against it, have been on radio against Mr. Speaker, the issue of the proposed cuts years. That cut is roughly three times it, and now they are saying, ‘‘We won’t in Medicare and Medicaid is the most impor- higher than any other proposed plan to give you the details of our pay-more, tant health care issue currently confronting the protect Medicare has been. get-less plan, but please trust us, be- Congress and the American people. Now we do not know fully where cause, even though we have been We should have rational discussions, full those cuts will come because only last against Medicare all our lives and don’t hearings and bipartisan support to protect Friday did they begin to give some really want Medicare to be here and Medicare and Medicaid. sketchy details over a 4-page summary think it’s an imposition on our free- The majority proposes to cut the Medicare which is now being discussed in the pa- dom,’’ as my colleague from Texas [Mr. Program by $270 billion. That cut is roughly pers as not being fully forthright and ARMEY] said, the Republican majority three times higher than any previous plan. We do not know fully where and how they coming forward. The proposed cut will leader, ‘‘it imposes on us, but trust us will cut. It was only last week, on Friday, that cut overall some 25 percent of Medi- because we are going to preserve and Republicans began to give out details of their care. If you take the $270 billion over a protect it from bankruptcy.’’ plan in a brief, 4-page summary. period of 7 years, that will reduce it by Mrs. CLAYTON. Well, we would ask The proposed cut will reduce the overall some 25 percent. And what will that do the question, sir, where were they when size of the Medicare Program by 25 percentÐ to North Carolina? It will have a dev- they tried to protect, and save, and re- raising the cost of premiums and copayments astating effect on the many, many peo- form Medicare last year. You remem- to each of North Carolina's 999,000 Medicare ple who depend only on Medicare, but ber the reconciliation bill of 1993? We beneficiaries by as much as $2,400, over the also those who depend on Medicare and had some modest cost adjustment, and next 7 years. some of their insurance, Medicare and because that modest cost adjustment When the Medicare cuts are combined with Medicaid. was there we strengthened that pro- the cuts in the Medicaid Program, Federal For instance, 999,000 people, Medicare gram, and, as a result, we extended the health care dollars coming into North Carolina beneficiaries in North Carolina, will in- time of proposed bankruptcy or any fis- will be reduced by $14 billion. crease over a period of 7 years by some cal instability from 5 to 7 years. And The Medicaid cuts affect North Carolinians $2,400 over that period of time, and, we could not get them. I maintain we of all agesÐthe elderly, children, the disabled, when Medicare cuts are combined with do need the Republicans joining the the poor. Medicaid cuts, we will lose in North Democrats and Democrats joining Re- There are some 985,000 Medicaid recipi- Carolina some $14 billion. That would publicans to protect Medicare, to pro- ents in the State of North Carolina. have a devastating effect on those peo- tect Medicare. And Medicare needs re- We do know the reason they must make ple who are dependent, not only the forming. Health care needs reforming. such a large cutÐto give the well-off a tax people themselves, but the commu- That is not anything that Republicans break totaling $245 billion. nities, the providers, and the hospitals or Democrats can run away from. We We do know that last Sunday, before the re- as well. should not be standing up here saying lease of the summary, Speaker GINGRICH as- The Medicaid cuts in North Carolina nothing is wrong with Medicare. We sured the American people that Medicare affect all ages, the elderly, especially are saying: beneficiaries should expect their premiums to children, the disabled, and the poor. Yes, Medicare needs reforming. We increase by only $7 a month. There are some 985,000 Medicaid recipi- knew that last year; we know it this However, by last Tuesday, 2 days later, ents in the State of North Carolina, year. But it does not need wrecking. even before the release of the summary, the H 9128 CONGRESSIONAL RECORD — HOUSE September 18, 1995 Speaker had admitted that the increase would was reported that the fund would go broke by are going into a general fund in an ef- be at least $32 a month. 1976. In 1982, it was reported that the fund fort to pay for the tax cut. Medicare is a very important program that would go broke by 1987. In 1993, the fund, it Ms. EDDIE BERNICE JOHNSON of benefits millions of Americans and should was reported, was expected to go broke by Texas. You know, another factor is have support on a bipartisan basis. 1999. Now, those who would rob the poor by that one of the ways that has been tra- We would be forced to eliminate coverage cutting Medicare to give a tax break to the ditionally used to cut health care costs for almost half of the Medicaid recipients in wealthy, want us to believe that the Medicare is early discharge from hospitals. North Carolina. trust fund will go broke by the year 2002. b 1915 Some 455,000, many of whom are nursing It is a very convenient myth, but it is not re- home residents and home care recipients, ality. And when we see early discharge, we could be denied further help. For every $4 now spent on Medicare, $1 will also see people a little bit sicker going These are not just numbers. These are be cut. Medicaid services some 4 million sen- home. When they go home, they will people. ior citizens. The Medicaid cut over 7 years will need Meals on Wheels, they will need These are families, struggling to survive in be a 30-percent cut. an aide perhaps coming in. Saving the an ailing economy. Mr. Speaker, before America or this Con- Medicare dollar we would think would There are neighbors. People I know. People gress buys into the proposal to cut Medicare, put a focus on how important it is not you know. there are many questions that should be to cut Medicaid so severely. Medicaid The Medicare cuts will be especially painful, asked and that must be answered. takes care of the Meals on Wheels, it since nearly 83 percent of all Medicare bene- The first question is what exactly is the pro- assists them in transportation for the fits go to senior citizens with incomes of posal? What are the details of the proposed handy-rise to get to the doctors’ offices $25,000 or less. cuts? so they can remain at home and not be When Democrats raise concerns and ask How can anyone support something that institutionalized, and it also provides questions about the fate of the people when they know nothing about? for the Meals on Wheels, and often the such drastic cuts are proposed, we are called We should also ask, how they expect poor only hot meal that the ones confined to alarmists or accused of scaring senior citizens. seniors, those on fixed income, to pay for the their home get a day. But that too is What we are trying to do is get answers to im- increases they must bear? being cut. portant questions, to have full hearings on a Will Medicare beneficiaries be able to All of us know that at least 67 to 70 very serious issue of providing health care to choose their own doctors? percent of the Medicaid dollar goes for seniors. Where will the $90 billion in ``unspecified those senior citizens for long-term Some who are pushing this current plan of savings'' come from? care. That is all a part of it. So, really, extreme cuts are of the same view as those How will hospital closings be prevented, es- it is a gimmick. It is not a method to who fought the very creation of Medicare in pecially in rural communities? offer the care. It is a method to turn 1965, and now, in 1995, are seeking to do Why is it that none of the funds from in- the care away. It is a gimmick to force what they failed to do in 1965Ðdeny the com- creased Medicare premiums will be contribu- seniors out of hospital care, out of fort of retirement from our senior citizens. tion to the Medicare trust fund? home care, just to say they are saving They should not be trusted. Why is it necessary to insist on a tax break the program. It has been estimated that these plans will for the wealthy, while cutting Medicare for This is not saving the program. To cost North Carolinians a loss of over $3,000 those least able to absorb those cuts? subject people to a system, the best for each Medicare recipient in North Carolina These and others are important questions, health care in the world available, to between now and the year 2002, and a loss Mr. Speaker. They deserve frank answers. not having it is not saving the system. of some $900 for each recipient each year Mr. DOGGETT. In other words, if you It is simply ignoring the fact that al- thereafter. want to really strengthen, and pre- most 20 percent of this population Most of the so-called savings that pro- serve, and improve the Medicare sys- needs this care on a day-to-day basis, ponents say will come from Medicare will actu- tem, Democrats and Republicans come and they have said we do not need this ally be paid out of the seniors' pockets. together in bipartisan partnership, not population to get these dollars, we Medicare is in need of reformÐthat fact is by grabbing some figure like $270 bil- must give it to the rich. Those are the something that we cannot ignore. Democrats lion out of the air in order to provide ones that are more likely to show that and Republicans, together, must work for rea- tax breaks for the privileged few, but they are getting it. sonable reform. coming together to preserve and im- It is not popular, it seems, to help This is not a problem, however, that we prove the Medicare system by doing the poor, to help the elderly, to help Democrats just discovered. things, as you suggested, like fighting the shut-in. It is much more popular to The Omnibus Budget Reconciliation Act of fraud and abuse in creative ways. say I promised a tax cut to the wealthy 1993 addressed Medicare reformÐwith cost Ms. DELAURO. Mr. Speaker, I just and I am going to deliver it. I do not adjustmentsÐwhich strengthened the trust want to add to the gentlewoman’s think this is America. fund significantly and pushed the date back point. It is interesting that the in- Ms. DELAURO. Mr. Speaker, I want further from 5 to 7 years when we should be crease that seniors are going to face in to add one point. I know we have some concerned about insolvency. premiums, deductibles, and copay- other colleagues on the floor and we But, during the last Congress, many of the ments, none of that money will go to want to get everyone into this debate, very people who now seek the trust of the address the issue of dealing with what but the gentlewoman said something American people in their Medicare cutting plan our colleagues on the other side of the that was incredibly important, and rejected every initiative that would have aisle say is the problem with the trust that is the issue of Medicaid. strengthened the Medicare trust fund even fur- fund. That money is going into the In my State of Connecticut, 60 per- ther. general fund. As you have pointed out, cent of seniors who are in nursing The fact is that they are using the trust fund it goes into the general fund in order to homes are covered under Medicaid. solvency issue as a smokescreenÐthey do pay for the tax break. If you truly want Most seniors in this Nation who are in not want to truly address the issue at hand, to, as you pointed out, deal with the nursing homes are covered by Medic- but instead they want to use the Medicare issue of trying to help to fix Medicare, aid. Few people understand that that is Program as a bank for the wealthy so that is then take it out of the budget de- going to see a $182 billion cut. What they can fulfill their campaign promiseÐa tax bate, take the tax package off the happens to the senior who was in the cut for the wealthy. table, and let us talk about a biparti- nursing home, and by the way, they If they dropped the idea of a tax cut for the san group of people sitting down the will do away with standards for nursing wealthy, they would not need to make such way we did with Social Security some homes. That is also a part of this ef- deep cuts in the Medicare Program. years back and make the changes. This fort. What happens to the individual The so-called looming Medicare bankruptcy notion that the $270 billion is money who is in the nursing home? What hap- is more fiction than fact. that is going to go into this trust fund pens to the family who, after going Consider this history. to, quote, save it is erroneous. That is through the trauma of putting an In 1970, it was reported that the Medicare not what is going to happen. The aging parent or a relative in a nursing trust fund would go broke by 1972. In 1972, it money, whatever increases are there, home, who is then going to be thrown September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9129 out and not find themselves with the that help of Medicaid, they are saddled. I was at a neighborhood party the wherewithal for that young family to So California is a case study for how other night and a woman came up to be able to provide that kind of help and we start that downward spiral. me, Rose Quantamatteo, and she said I assistance to that relative and are I noticed the gentlewoman has the want you to tell Speaker GINGRICH that going to have to pick up the cost them- article from the Washington Times there is a woman in your hometown selves? that talks about the $80 billion gap, Martinez that every night gets down Mr. MILLER of California. Mr. hole, or whatever it is in the budget and prays and thanks God for Medi- Speaker, if the gentlewoman would that they are presenting. Now it will be care, for what it meant for me and my yield on that point? a look-back. Let me tell Members, if husband, Tony, who, unfortunately, Ms. DELAURO. I yield to the gen- California is an example, seniors will passed away a couple of years ago. She tleman. be looking back in fear and looking said we would never have been able to Mr. MILLER of California. And I back in anger, because not only will all survive the financial hardships, our want to thank my colleagues for tak- of these cuts have taken place, but children would not have been able to ing this time. then we find out, and, as this article in survive the financial hardships. She I would commend to them an article the National Journal, a nonpartisan or- says just let him understand that this in the National Journal that came to ganization, goes on to say, most of the is what it means to our generation. our offices this afternoon which goes to savings they contemplate will not I think it is typical of the person the exactly the point the gentlewoman achieve what they say they will. gentleman described and of people we made. People believe that huge The governors admit it. The private have all met who want to know the amounts of money can be saved in Med- people admit it. That $80 billion will facts. They want to know where Medi- icaid by throwing low-income people grow and it will grow, and then will care is going to be tonight, tomorrow, off of the rolls. As the gentlewoman come year 3 of a 7-year budget, which after we vote on Thursday, and 3 years correctly points out, over 60 percent of means all of those savings then have to from now when we look back. That is all the money in Medicaid goes to long- be achieved in a 4-year period of time. what they want to know, and they term health and nursing home care. So we are really talking about reach- want to know what kind of changes we In the State of California, the State ing in and grabbing the health care are talking about, and the Republicans of California several years ago, in 1982, system for the elderly right by the do not come forward with that. cut Medicaid spending by 18 percent. throat here. Ms. EDDIE BERNICE JOHNSON of The Republicans are proposing a 30-per- I just wanted to tell Members, we Texas. Mr. Speaker, if the gentleman cent cut. With an 18-percent cut, what will look back and they will look back would yield for just a moment. With all the State of California, and this is a and say why did we not know this be- we heard from our constituents, and study that has just recently been com- fore we voted. Remember, the look- from my experience of knowing what pleted, almost 300,000 people were back provision? It must be automatic has happened, why is it we cannot be knocked off of the rolls. Then the State to be scored. No contingencies, no but- heard here? transferred that responsibility to the fors, no ifs, ands, or ables. This must be I understand there is going to be 1 counties, and in the first year the automatic. And that is the price we are day of hearings to dismantle a program State gave the counties 70 percent of taking from the seniors, with no that many thousands of people have what they were giving them before. knowledge of the size of that cut or the paid into the system for them to have And then the State got into more fi- impact of that cut. available health care at the time at I thank the gentlewoman for yield- nancial trouble, and it gave the coun- which they retire and are no longer ing. ties 55 percent. By 1991, it was less than able to work. In 1 day the dismantling Mr. DOGGETT. Mr. Speaker, if the will occur. We have had weeks of hear- 35 percent. So now the counties are gentleman would yield on that point. knocking people off of the rolls. ings on Waco, and Ruby Ridge. Of necessity, we talk here in Wash- Mr. DOGGETT. Mr. Speaker, we had What happened? They started reim- ington of billions and millions of peo- 28 on Whitewater, did we not? We had bursing the doctors less and less. It ple, but let me give the gentleman just 28 days of hearings. went from 91 percent reimbursement to one example of the same thing happen- Ms. DELAURO. Mr. Speaker, we had now 70 percent. They would pay the ing even under our current Medicare months on Whitewater. doctors 70 percent of what those doc- system in my hometown, Austin, TX. Mr. MILLER of California. Mr. tors got in the private market to cover It is the experience of a 72-year-old re- Speaker, we can have hearings as long Medicaid recipients. No wonder nobody tiree, Marjorie Greenhall, who moved as any chairman wants to hold hear- will take a Medicaid recipient in Cali- down to Austin from Mineral Wells, up ings. They are capable of holding hear- fornia. No wonder these people cannot near Dallas, where Congresswoman ings. This is a leadership decision. get care. JOHNSON serves so ably, to live with her If the gentlewoman would continue Now, on top of those cuts that have daughter. She got down there and she to yield. This is a leadership decision already been enacted in the State of reports her aggravation at being re- by the Speaker and the majority lead- California that I represent, and in fused by the receptionists in 24 dif- er, Mr. GINGRICH and Mr. ARMEY, to many other States, along come the Re- ferent physicians’ offices because they ram this through before the American publicans and say we want to put a 30 do not take Medicare. public and, mainly the seniors and percent cut, $180 billion, on top of that. Now, if on top of the existing prob- their families, can find out about it. What this article goes on to show all lem, we have this look-back provision Ms. EDDIE BERNICE JOHNSON of of my colleagues is that, in fact, now and we come in after a year is over and Texas. Mr. Speaker, I do not think we are into competition between nurs- there is this black hole or black gap in they know about it. From what I un- ing homes. Home health care, so that a the Republican plan, and they start derstand, they do not even know about family can continue to work and take cutting those providers back even fur- it. care of their parents in their own home ther than now, what will happen to Mr. DURBIN. Mr. Speaker, if the gen- or in the home of the children, that someone like Marjorie Greenhall, tleman would yield, I wish to thank will be slashed. And so what we are whether she lives in Austin, TX, or in him for this special order and thank really seeing here is a huge, huge California? my colleagues for coming this evening. threat and assault on nursing home Mr. MILLER of California. Well, Mr. I have just returned from my district care and long-term care for people who Speaker, I think today Medicare reim- and lost my voice in the process, but find themselves in that situation. bursement is about 80 percent of what traveling through the city of Chicago That impacts not only the elderly doctors get in the private market. and all through southern Illinois this is but, as we all know, in talking to our There is that reluctance. We are now the No. 1 issue on people’s minds, and constituents and to Members of Con- seeing that that same process that they say, Congressman DURBIN, what gress, it impacts the children who are drove medicine out of Medicaid, that are they proposing in terms of changes trying to educate their children, who drove doctors away from taking care of for Medicare? I am embarrassed to tell are trying to pay their mortgage and those patients, now comes into play in them I do not know. What we have are trying to work it all out. Now, without Medicare. rumors and suggestions. H 9130 CONGRESSIONAL RECORD — HOUSE September 18, 1995 They say to me, well, time and again, is saving the skins of the fat cats and The overwhelming feeling was ex- when it gets to a program this basic to the profitable corporations. actly what you have on that placard up American families and their future, Mr. Speaker, I believe Americans had there: The GOP Medicare plan, you pay Members are surely not going to vote better tune in, get on the phone and more and you get less. People are be- on something until they have had at call their Congressman and Senator ginning to understand, I think, that es- least some hearings to determine what and say slow this train down, we want sentially what this is, is nothing but the impact will be. Well, the simple to know what Congress is doing to budget driven, a way to try to take a fact of the matter is, we will not have Medicare, we want to know what Con- lot of money out of the Medicare pro- those hearings. The decision has been gress is doing to our families. gram and provide less services for sen- made by the Republican leadership to I thank the gentleman from Texas ior citizens. move this bill through, this magical, [Mr. DOGGETT] for his special order. But I agree with you, I heard what mystery, Medicare massacre through Mr. DOGGETT. Mr. Speaker, I thank you said about the article that was in without the hearings, without an op- the gentleman for those observations. the Washington Times today, and the portunity for the public to hear about Indeed, it is a total contradiction for criticism that the gentleman from it. the same Republicans who were com- Ohio [Mr. KASICH] and others are giving People will remember 2 years ago plaining last year that they needed them. I commend the gentleman from when President Clinton had a health more time to study health care to now Ohio for doing that, because it is abso- care plan. The Republicans, then in the say that the only time the American lutely the truth: We really do not have minority, screamed bloody murder. We people need to see the details of the a plan here. The way the plan has been need the plan. We need it in detail. We plans with the far-reaching con- set up already, there is absolutely no want to go ahead and analyze it, do not sequences that the gentleman identi- way that this level of cuts can be im- take a step until we do. Now that the fied with 30 years’ experience will be plemented based on the details they Republicans are in control, now that reviewed in 1 day in this Congress, and have given us. they have their mitts on Medicare and it is an outrage. The problem I see here is this is Ms. DELAURO. Mr. Speaker, just to Medicaid, they are going to push this going to be a total stealth effort. By add, if the gentleman would yield 1 sec- thing through without a hearing. next Thursday or whenever, we are ond. That $80 or $90 billion that my col- I tell my colleagues what is disas- going to get a few more details. At the league from Illinois talked about, that trous about it. In my part of the world, time when we actually vote on this, we is amorphous at the moment. Who downstate Illinois and many rural com- are still not going to know exactly knows what that is. They are asking munities, we will see hospitals close. what it will mean for senior citizens. the public, they are asking people here This Gingrich-Dole plan is for closing All we will know is the Medicare pro- to vote on $80 billion of unspecified hospitals. Hospitals dependent on Med- gram cannot absorb this level of cuts cuts. icare and Medicaid will not have the without providing less services and resources to stay open. b 1930 costing significantly more dollars out We will see kids in this country de- I said earlier, it is buying a pig in a of pocket. nied health care. That is just not some poke. And they are saying, ‘‘trust me.’’ I have to tell you, one of the things political exaggeration. That is a fact. And it is wrong. I disagreed with in the Washington Twenty-four percent of the kids in Mr. MILLER of California. The $80 Times article is where it suggested America live in poverty. They depend billion that we see the Republicans that somehow seniors were going to be on Medicaid for the basic health care now starting to talk about is assuming able to afford those part B premium in- to keep them alive and healthy. When that all of their numbers work. And we creases. The seniors I met with in we cut $180 billion, let me tell my col- see one organization after another, Gloucester Township, NJ on Friday leagues there will be real losers among whether it is the hospitals, whether it with Congressman ANDREWS, they were those kids. is the doctors, whether it is the States, complaining about the level of those Tell me what the sick kid is going to questioning whether or not their num- premium increases. We are talking mean to the future of this country? For bers will work. If their numbers do not about the doubling of the part B pre- his family and our Nation it is a trag- work, 80 becomes 85, becomes 90, be- mium in the next 7 years the way I un- edy. A group often overlooked on Med- comes $100 billion. derstand it. You are talking about sen- icaid is the disabled community. We So this black hole, like the hole in ior citizens in many cases that cannot say Medicaid, that is just for poor peo- the ozone, will grow every year, be- afford any kind of increase at all. Their ple. No, it is for seniors and disabled cause these numbers, just for example, budget is to the point where they budg- folks, too. Disabled people who lit- Arizona is the only State in the Union et every dollar on a monthly basis. To erally survive, literally physically sur- that has its entire Medicaid caseload in talk to them about doubling the vive because of a Medicaid payment managed care. It continues to grow at amount of money that they have to that picks up a home health care serv- a 7-percent rate. Under the Republican pay out of pocket for part B to pay for ice so that they can literally stay alive resolution, the maximum is 4 percent. the doctor bills is absolutely out- from day-to-day and week-to-week. Arizona, the model on which they are rageous. With that much at stake, it is uncon- basing, is growing twice what they will The other thing I have to address, scionable, unconscionable that we allow. That adds to the 80 billion gap in and I know you have already said it, is would move this bill through without this budget that the gentleman has the providers. The hospitals are scared even seeing the details; that there pointed out. to death, because the way this huge would be some $80 or $90 billion that we Mr. PALLONE. I just wanted to stop hole, if you will, has been created here, do not know about. It is like a by tonight when I listened to what you what the Republicans are saying is meatloaf. We will stick everything in were all saying, because I think it is that wait a few years and we will see there. Here it is, the middle of the really crucial. We in New Jersey once how this works out. If it does not, we week, and we will go ahead and serve it again on Friday had a Medicare forum, will have to start making more signifi- up. which was attended by a number of the cant cuts. The hospitals are saying It is much more serious, and I thank Democratic Congressmen, specifically that any significant cuts, even the ones the gentleman for this special order, myself and my colleague, the gen- they are experiencing now, are causing and I hope a lot of people listening who tleman from New Jersey [Mr. AN- many of them to close or downsize or have a stake in this Medicare and Med- DREWS]. And it was amazing to me how not provide the community services or icaid, as every family in America does, more confused senior citizens become the clinical services that they provided will tune into what is happening in every day because of the manner in in the past in various communities. Washington. This is not good govern- which the Republican leadership is es- They cannot absorb this level of cuts. ment at work, this is politics at work. sentially gradually leaking out infor- There is no way for the Republicans to It is a cut in Medicare-Medicaid to pay mation about what they might have in implement this level of cuts in Medi- for a tax cut for wealthy people. That mind for these Medicare cuts and these care without severe effects on the hos- is it. This is not saving Medicare, this significant changes in Medicare. pitals, on the quality of care, and also September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9131 on senior citizens having to pay more This affects the entire health care across this land will not listen, will not out of pocket. system and impacts everyone, not only care; that they can sneak this through It is incumbent upon us, I know that because the quality of care is going to in a single day of hearings, can run it is what you are doing, the gentleman go down and you will have hospital clo- through here at the end of the fiscal from Texas, the gentlewoman from sures, but you will have less commu- year, and that, before you know it, the Connecticut, the gentleman from Cali- nity service, and that means that peo- cost is up, the benefits are down, in fornia, we have to keep making the ple just will not have access to quality New Jersey, in Connecticut, in Califor- point that we have to let the public in medical care the way they do now. nia and Illinois, across this land, with to see what is going on here. We cannot In addition, you have so many other seniors having been affected in a very let 1 day of hearings before the Com- people, I know you were mentioning dramatic way that they will not speak mittee on Ways and Means be the only about Medicaid before and how some- out. But just as with your experience contribution that the public ever sees thing like 70 percent, I know in my in New Jersey, when I had a meeting before we vote only this plan. We have home State of New Jersey, 71 percent last week in Texas, if our seniors know to continue to press, as I know we will, of the money from Medicaid pays for about this and they speak out, they that we have to have the full plan and nursing home care. If there are cuts in can make a difference. we have to have several weeks, if not Medicaid, just as there are significant f at least a month, to look it over, to cuts in Medicare, then what is going to bring in the senior citizens, to bring in happen is a lot of the senior citizens LEAVE OF ABSENCE the hospitals, to bring in the people are not going to be able to pay for the that are going to be directly impacted By unanimous consent, leave of ab- nursing home care, and you are going sence was granted to: by this, so we know what the Repub- to see their own children or grand- Mr. SISISKY (at the request of Mr. licans have in mind. children having to kick in more. It is still remarkably something that GEPHARDT), for today and the balance So the costs of all this are going to of the week, on account of illness. we do not have the details about, and end up ultimately, and the downgrad- we cannot plan about. But what we ing of our health quality and health f know, we know is going to have a dev- care system, is going to impact every- SPECIAL ORDERS GRANTED astating effect because we cannot ab- one. There is no way this is just a sen- sorb, the program cannot absorb that ior citizen issue. By unanimous consent, permission to level of cuts. I want to commend the Mr. DOGGETT. That is so very true. address the House, following the legis- two of you again for putting together You know, we have had important ob- lative program and any special orders this special order. servations like yours from a number of heretofore entered, was granted to: Mr. DOGGETT. I thank the gen- our Democratic colleagues, and I am (The following Members (at the re- tleman for his observations and leader- sure there are people across this coun- quest of Mr. DOGGETT) to revise and ex- ship on this critical issue. try that are wondering, where are the tend their remarks and include extra- Ms. DELAURO. I wanted to add one Republicans? Why are they not out dis- neous material:) point. You have just laid out the kinds cussing this plan? Mrs. COLLINS of Illinois, for 5 min- and numbers of hospitals that are Not just tonight, but, you know, it is utes, today. going to be in difficulty. September 18 in the evening. We are Ms. EDDIE BERNICE JOHNSON of Texas, I would like to add one more cat- for 5 minutes, today. egory of hospital, and that is the approaching the end of this Federal fis- Mr. MILLER of California, for 5 min- teaching hospitals. I represent in New cal year, less than 2 weeks away. And utes, today. Haven, CT, Yale University, one of the yet to this very moment, we have yet finest teaching hospitals in the world. to have one Republican colleague to- Mr. SPRATT, for 5 minutes, today. What will happen is not too many peo- night or at any other time take the Mr. OWENS, for 5 minutes, today. ple know about the connection of Medi- floor of this House and outline how Ms. KAPTUR, for 5 minutes, today. care and teaching hospitals and medi- deep it is they are going to reach into f cal education. the pockets of senior citizens across One of the hue and cries that we all this country, how big the cuts are EXTENSION OF REMARKS heard throughout the health care de- going to be. By unanimous consent, permission to bate in the last session of Congress and I do not know whether it is because revise and extend remarks was granted in this session of Congress is that the they do not know, as this morning’s to: fact of the matter is that the United Washington Times says, and they have (The following Members (at the re- a black hole or a giant gap in their States has the very best quality of quest of Mr. DOGGETT) and to include health care in the world, bar none. plan, and they are just committed to extraneous matter:) whacking $270 billion out of Medicare; Folks from all over the world come Mr. BONIOR. or they are afraid to say how they are here to get the benefit of our tech- Mr. COLEMAN. going to do this. But they have refused nology, our know-how, in medical care. Mr. MENENDEZ in two instances. to come and stand on the floor of this If we begin to eat away at our teach- Mr. FARR. Congress tonight or at any other time ing hospitals and our medical edu- (The following Members (at the re- cation, not only is the level of servic- and level with the American people and quest of Mr. GOODLATTE) and to include tell them how hard the hit is going to ing going down, the quality of medical extraneous matter:) care that we stand on so proudly in be, how much more are they going to Mr. RADANOVICH. this nation is going to be eroded. And have to pay, and how much less are Mr. GOODLING. I think that we cannot let it be forgot- they going to have to get. Mr. DOOLITTLE. ten in the litany the providers and hos- Tonight, as we conclude this special Mr. GEKAS. pitals that are going to be get hurt and order, I think it is important to re- Mr. GILMAN. how ultimately this may look like a member that the same group that gave cut to a provider, but in fact the recipi- us the Contract With America, Lunz & Mr. BLILEY. ents, all of us in this nation, are going Associates, advised our Republican col- Mr. SHUSTER. to be hurt because the quality of our leagues not on how to reform Medicare, f medical care is going to be eroded. but how to sell what they were going to Mr. PALLONE. If I could say very do. They said, ‘‘Keep in mind that sen- ADJOURNMENT quickly, I think the gentlewoman from iors are very pack oriented and are sus- Mr. DOGGETT. Mr. Speaker, I move Connecticut is absolutely right. What ceptible to following one very domi- that the House do now adjourn. she is pointing out even more so in the nant person’s lead. Do not talk about The motion was agreed to; accord- general sense is that this does not just improving Medicare.’’ ingly (at 7 o’clock and 40 minutes effect senior citizens. Obviously we are Well, indeed they are not improving p.m.), under its previous order, the very concerned about seniors; other- it. They think the seniors of America House adjourned until Tuesday, Sep- wise we would not be here. will be quiet. They think people all tember 19, 1995, at 9 a.m. H 9132 CONGRESSIONAL RECORD — HOUSE September 18, 1995 EXECUTIVE COMMUNICATIONS, erans Affairs Improvement and Reinvention for Medicare beneficiaries who enroll in Med- ETC. Act of 1995’’; to the Committee on Veterans’ icare managed care plans; to the Committee Affairs. on Ways and Means, and in addition to the Under clause 2 of rule XXIV, execu- 1444. Secretary of Energy, transmitting a Committee on Commerce, for a period to be tive communications were taken from copy of the Energy Efficiency Commer- subsequently determined by the Speaker, in the Speaker’s table and referred as fol- cialization Ventures Program plan, pursuant each case for consideration of such provi- lows: to Public Law 103–138, title II (107 Stat. 1407); sions as fall within the jurisdiction of the 1433. A letter from the Assistant Secretary jointly, to the Committees on Appropria- committee concerned. for Legislative Affairs, Department of State, tions and Commerce. 1445. Assistant Secretary for Legislative f transmitting notification to the Congress of Affairs, Department of State, transmitting additional program proposals for purposes of notification that the President intends to ex- MEMORIALS Nonproliferation and Disarmament Fund ercise his authority under section 610(a) of [NDF] activities, pursuant to 22 U.S.C. 5858; Under clause 4 of rule XXII memori- the Foreign Assistance Act in order to au- als were presented and referred as fol- to the Committee on Appropriations. thorize the furnishing of $2.8 million to El 1434. A letter from the Director, the Office Salvador, pursuant to 22 U.S.C. 2411; jointly, lows: of Management and Budget, transmitting to the Committees on International Rela- 159. By the SPEAKER: Memorial of the the cumulative report on rescissions and de- tions and Appropriations. Senate of the State of Alaska, relative to the ferrals of budget authority as of September 1446. Railroad Retirement Board, transmit- conversion of the Naval Air Facility in 1, 1995, pursuant to 2 U.S.C. 685(e) (H. Doc. ting the Board’s budget request for fiscal Adak, AK; to the Committee on National Se- No. 104–115); to the Committee on Appropria- year 1997, pursuant to 45 U.S.C. 231f; jointly, curity. tions and ordered to be printed. to the Committees on Appropriations, Trans- 1435. A letter from the Director (Test, Sys- 160. Also, memorial of the Senate of the portation and Infrastructure, and Ways and State of Alaska, relative to requesting the tems Engineering & Evaluation), Depart- Means. ment of Defense, Transmitting notification Congress to clarify that the Reindeer Indus- of the intent to obligate funds for fiscal year f try Act of 1937 no longer applies in the State of Alaska; to the Committee on Resources. 1996 Foreign Comparative Testing [FCT] Pro- REPORTS OF COMMITTEES ON gram, pursuant to 10 U.S.C. 2350a(g); to the PUBLIC BILLS AND RESOLUTIONS f Committee on National Security. 1436. A letter from the Chairman, Federal Under clause 2 of rule XIII, reports of ADDITIONAL SPONSORS Deposit Insurance Corporation, transmitting committees were delivered to the Clerk Under clause 4 of rule XXII, sponsors a copy of the Corporation’s annual report for for printing and reference to the proper were added to public bills and resolu- calendar year 1994, pursuant to 12 U.S.C. calendar, as follows: 1827(a); to the Committee on Banking and Fi- tions as follows: Mr. GOODLING: Committee on Economic nancial Services. and Educational Opportunities. H.R. 743. A H.R. 60: Mr. MOORHEAD. 1437. A letter from the Secretary of Edu- bill to amend the National Labor Relations H.R. 387: Mr. MOORHEAD. cation, transmitting Final Regulations— Act to allow labor management cooperative H.R. 528: Mr. PICKETT, Mr. BLILEY, Mr. BE- Standards for the Conduct and Evaluation of efforts that improve economic competitive- VILL, Mr. WATTS of Oklahoma, Mr. FOX, and Activities Carried out by the Office of Edu- ness in the United States to continue to Mr. JONES. cational Research and Improvement thrive, and for other purposes; with an [OERI]—Evaluation of Applications for H.R. 530: Mr. POMBO. amendment (Rept. 104–248). Referred to the Grants and Cooperative Agreements and Pro- H.R. 632: Mr. FIELDS of Texas. Committee of the Whole House on the state posals for Contracts, pursuant to 20 U.S.C. H.R. 743: Mr. BROWNBACK, Mrs. WALDHOLTZ, of the Union. and Mrs. LINCOLN. 1232(d)(1); to the Committee on Economic Mrs. WALDHOLTZ: Committee on Rules. H.R. 783: Mr. RAMSTAD, Mr. THORNTON, and and Educational Opportunities. House Resolution 222. Resolution providing Mr. DOOLITTLE. 1438. A letter from the Secretary of Health for the consideration of the bill (H.R. 1617) to and Human Services, transmitting the Na- consolidate and reform workforce develop- H.R. 784: Mr. NORWOOD, Mr. JONES, Mr. tional Center on Child Abuse and Neglect’s ment and literacy programs, and for other COOLEY, Mr. BARR, Mr. FOX, Mr. HUNTER, Mr. report on efforts to bring about coordination purposes (Rept. 104–249). Referred to the BUNN of Oregon, Mr. HASTINGS of Washing- of goals, objectives, and activities of agen- House Calendar. ton, Mr. STOCKMAN, Mr. BRYANT of Ten- cies and organizations which have respon- nessee, Mr. BAKER of California, and Mrs. f sibilities for programs related to child abuse KELLY. and neglect for fiscal years 1991–92, pursuant PUBLIC BILLS AND RESOLUTIONS H.R. 1161: Mr. LINDER and Mr. STEARNS. to 42 U.S.C. 5106f; to the Committee on Eco- H.R. 1221: Mr. HORN. Under clause 5 of rule X and clause 4 nomic and Educational Opportunities. H.R. 1226: Mr. KNOLLENBERG. 1439. A letter from the Acting Director, De- of rule XXII, public bills and resolu- H.R. 1227: Mr. ENGEL and Mrs. MEYERS of fense Security Assistance Agency, transmit- tions were introduced and severally re- Kansas. ting notification concerning the Department ferred as follows: H.R. 1264: Mr. MFUME. of the Navy’s proposed Letter(s) of Offer and By Mr. BURTON of Indiana: H.R. 1506: Mr. BLILEY. Acceptance [LOA] to the United Kingdom for H.R. 2347. A bill to seek international sanc- H.R. 1589: Mr. BURR and Mr. RIGGS. defense articles and services (Transmittal tions against the Castro government in H.R. 1651: Mr. LOBIONDO. No. 95–39), pursuant to 22 U.S.C. 2776(b); to Cuba, to plan for support of a transition gov- H.R. 1692: Mr. PETRI. the Committee on International Relations. ernment leading to a democratically elected H.R. 1693: Mr. PETRI and Mr. HAMILTON. 1440. A letter from the Assistant Secretary government in Cuba, and for other purposes; for Legislative Affairs, Department of State, to the Committee on International Rela- H.R. 1694: Mr. PETRI. transmitting a report to Congress on the tions, and in addition to the Committees on H.R. 1715: Mr. BRYANT of Tennessee, Mr. program recommendations of the Karachi Ways and Means, Banking and Financial CHAMBLISS, Mr. COOLEY, Mr. CRAPO, Mr. Accountability Review Board, pursuant to 22 Services, the Judiciary, and Rules, for a pe- EWING, Mr. GOODLATTE, Mr. HASTINGS of U.S.C. 4834(d)(1); to the Committee on Inter- riod to be subsequently determined by the Washington, Mr. HERGER, Mr. LIGHTFOOT, national Relations. Speaker, in each case for consideration of Mr. RADANOVICH, Mr. ROBERTS, Ms. PRYCE, 1441. A letter from the Secretary of Hous- such provisions as fall within the jurisdic- Mr. SPENCE, and Mr. WOLF. ing and Urban Development, transmitting tion of the committee concerned. H.R. 1733: Mr. BISHOP. the Federal Housing Administration’s [FHA] By Mr. GILMAN: H.R. 1744: Mr. BRYANT of Tennessee. annual management report for the fiscal H.R. 2348. A bill to authorize the transfer H.R. 1764: Mr. HANCOCK and Mrs. year 1994, pursuant to Public Law 101–576, of naval vessels to certain foreign countries; CHENOWETH. Section 306(a) (104 Stat. 2854); to the Com- to the Committee on International Rela- H.R. 1965: Mr. CASTLE, Mr. MATSUI, Mr. mittee on Government Reform and Over- tions. TORRICELLI, Ms. HARMAN, Mr. DIXON, Mr. sight. By Mr. SHUSTER (for himself, Mr. DEUTSCH, Mr. PETERSON of Florida, Mr. 1442. A letter from the Chairman, National PETRI, Mr. MINETA, Mr. RAHALL, and STEARNS, Mr. LIPINSKI, and Mr. LONGLEY. Transportation Safety Board, transmitting Mr. OBERSTAR): H.R. 1975: Mr. EHRLICH. the Board’s response to OMB’s request for in- H.R. 2349. A bill to amend title 23, United H.R. 2006: Mrs. MORELLA. formation regarding agency operations in States Code, to designate the National High- the absence of appropriations, pursuant to 49 way System, and for other purposes; to the H.R. 2066: Mr. DORNAN. U.S.C. app. 1903(b)(7); to the Committee on Committee on Transportation and Infra- H.R. 2143: Mr. MFUME. Transportation and Infrastructure. structure. H.R. 2179: Mr. LIPINSKI. 1443. A letter from the Secretary of Veter- By Mr. COBURN: H.R. 2249: Ms. RIVERS. ans Affairs, transmitting a draft of proposed H.R. 2350. A bill to amend title XVIII of the H.R. 2265: Mr. HANCOCK, Mr. ROBERTS, and legislation entitled the ‘‘Department of Vet- Social Security Act to provide protections Mr. CALLAHAN. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9133

H.R. 2331: Mr. ZELIFF and Mr. CHRYSLER. Page 78, line 6, after ‘‘aggregate data’’ in- Page 31, after line 22, insert the following: H.J. Res: 61: Mr. TALENT. sert the following: ‘‘, and disaggregated data (H) the State entity responsible for setting H. Con. Res. 51: Mr. DAVIS, Mr. SHAYS, Mr. by demographic characteristics, where fea- education policies, consistent with State FRANKS of Connecticut, Mr. DURBIN, Mr. LI- sible,’’. law, on the date preceding the date of the en- PINSKI, and Mr. ROHRABACHER. H.R. 1617 actment of this Act. f (3) representatives of the State legislature. OFFERED BY: MR. BECERRA Page 32, after line 24, add the following: AMENDMENTS AMENDMENT NO. 4: Page 91, after line 18, (3) DISAGREEMENT.—The Governor shall ac- add the following: cept and include with the State plan submit- Under clause 6 of rule XXIII, pro- SEC. 143. REPRESENTATION. ted under section 104, any disagreeing views posed amendments were submitted as The membership of any board or council submitted by a participant of the collabo- follows: established pursuant to this Act at the local, rative process if such views represent dis- H.R. 927 State, or national level shall reflect the de- agreement in the area in which such partici- OFFERED BY: MR. STEARNS mographic characteristics, respectively— pant was selected for representation. Page 36, strike lines 8 through 13. (Amendment to the Amendment Offered by Mr. (1) of the local workforce area; Page 36, line 14, strike ‘‘(d)’’ and insert Burton of Indiana) (2) of the population of the State; or (3) of the population of the United States. ‘‘(c)’’. AMENDMENT NO. 2: Add at the end of title H.R. 1617 Page 38, after ‘‘including’’ insert ‘‘aca- I the following: demic and vocational administrators, mem- SEC. 112. CONGRESSIONAL NOTIFICATION OF OFFERED BY: MR. BECERRA bers of local schools boards, principals, CONTACTS WITH CUBAN GOVERN- AMENDMENT NO. 5: Page 98, after line 4, add teachers, postsecondary and other adult edu- MENT OFFICIALS. the following cation administrators and instructors, in- (a) ADVANCED NOTIFICATION REQUIRED.—No SEC. 203. PRIORITY. cluding community colleges,’’. funds made available under any provision of A national, State, or local program that Page 62, line 3, strike ‘‘customer’’ and in- law may be used for the costs and expenses receives funds under this title, shall estab- sert ‘‘the’’. of negotiations, meetings, discussions, or lish a process the gives priority to youth Page 63, line 1, strike ‘‘will measure’’ and contacts between United States Government who must overcome barriers to complete an insert ‘‘must demonstrate’’. officials or representatives and officials or education program or to employment such as Page 63, beginning on line 18, strike ‘‘ap- representatives of the Cuban Government re- a lack of sufficient education or vocational propriate’’ and all that follows through lating to normalization of relations between skills, economic disadvantages, disability or ‘‘among’’ on line 19. the United States and Cuba unless 15 days in limited English proficiency. Page 71, line 2, insert ‘‘by the Secretary of advance the President has notified the Labor or the Secretary of Education, as the H.R. 1617 Speaker of the House of Representatives and case may be,’’ after ‘‘disallowed’’. the chairman of the Committee on Foreign OFFERED BY: MR. BECERRA Page 71, line 4, strike ‘‘this Act’’ and insert Relations of the Senate in accordance with AMENDMENT NO. 6: Page 149, line 22, strike ‘‘chapter 2 of title II, title III,’’. procedures applicable to reprogramming no- ‘‘less’’ and insert ‘‘greater’’. Page 71, line 5, strike ‘‘the’’ and insert tifications under section 634A of the Foreign H.R. 1617 ‘‘such chapter or title’’. Assistance Act of 1961. Page 72, line 25, strike the semicolon and OFFERED BY: MR. BECERRA (b) REPORTS.—Within 15 days of any nego- insert ‘‘, which, to the extent practicable, tiations, meetings, discussions, or contacts AMENDMENT NO. 7: Page 150, line 5 strike shall be done through the private sector;’’. between individuals described in subsection ‘‘to have the capacity to administer effec- Page 88, line 3, strike ‘‘elected’’. (a), with respect to any matter, the Presi- tively’’ and insert ‘‘to have demonstrated ef- Page 89, line 19, strike ‘‘Provision’’ and in- dent shall submit a report to the Speaker of fectiveness in administering’’. sert ‘‘Provisions’’. the House of Representatives and the chair- H.R. 1617 Page 92, beginning on line 1, strike ‘‘skills’’ man of the Committee on Foreign Relations OFFERED BY: MR. BECERRA and all that follows through line 3 and insert of the Senate detailing the individuals in- ‘‘foundation and occupational skills needed volved, the matters discussed, and any agree- AMENDMENT NO. 8: Page 115, strike line 2 to be successful in a competitive economy ments made, including agreements to con- and insert the following: and to complete a high school diploma or duct future negotiations, meetings, discus- (d) LIMITATIONS ON USE OF FUNDS.— general equivalency diploma;’’. sions, on contracts. (1) OUT-OF-SCHOOL.—Not less than 50 per- Page 99, after line 20, insert the following cent of funds allocated to at-risk programs H.R. 1323 (and redesignate any subsequent paragraphs under section 212(a)(1)(B) shall be used for OFFERED BY: MR. TRAFICANT accordingly): programs that provide services to out-of- (4) FEDERAL FUNDS TO SUPPLEMENT, NOT AMENDMENT NO. 1: At the end of the bill, school youth. SUPPLANT, NON-FEDERAL FUNDS.—Funds re- insert the following new section: (2) ADMINISTRATIVE COSTS.—Not more than ceived under this title shall be used only to SEC. 24. SENSE OF CONGRESS; REQUIREMENT 10 percent of the funds provided under this supplement the amount of funds that would, REGARDING NOTICE chapter to a local workforce development in the absence of such Federal funds, be (a) PURCHASE OF AMERICAN-MADE EQUIP- board may be used for administrative pur- made available from non-Federal sources for MENT AND PRODUCTS.—It is the sense of the poses. the education of youth participating in pro- Congress that, to the greatest extent prac- H.R. 1617 grams assisted under this title, and not to ticable, all equipment and products pur- supplant such funds. chased with funds made available under this OFFERED BY: MR. GOODLING Page 139, line 15, insert ‘‘media’’ before Act should be American-made. AMENDMENT NO. 9: Page 2, in the matter of ‘‘technology’’. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— relating to section 108, strike ‘‘Education’’ Page 140, line 25, insert ‘‘and’’ after the In providing financial assistance under this and insert ‘‘education’’. semicolon. Act, the Administrator, to the greatest ex- Page 2, in the matter relating to subtitle Page 141, strike lines 1 and 2. tent practicable, shall provide to each recipi- C, strike ‘‘Worker Rights’’ and insert ‘‘Gen- Page 141, line 3, strike ‘‘(iii)’’ and insert ent of the assistance a notice describing the eral Provisions’’. ‘‘(ii)’’. statement made in subsection (a) by the Con- Page 2, in the matter relating to section Page 148, line 8, strike ‘‘one quarter of gress. 141, strike ‘‘Requirements.’’ and insert one’’ and insert ‘‘4’’. ‘‘Worker rights.’’. H.R. 1617 Page 149, line 21, strike ‘‘one quarter of Page 2, after the matter relating to section OFFERED BY: MR. BAKER OF LOUISIANA one’’ and insert ‘‘4’’. 141, insert the following: AMENDMENT NO. 2: Strike title V of the bill Page 222, strike line 10 and all that follows and insert the following: Sec. 142. Transferability. through page 225, line 13, and insert the fol- TITLE V—MISCELLANEOUS PROVISIONS Page 2, strike the matter relating to sec- lowing (and conform the table of contents on tion 224. page 226, after line 14): SEC. 501. EFFECT ON REHABILITATION ACT OF 1973. Page 3, strike the matter relating to sec- ‘‘SEC. 108. STATE OPTION REGARDING ALTER- Notwithstanding any other provision of tion 316. NATIVE DELIVERY SYSTEMS. this Act, this Act does not have any legal ef- Page 3, strike the matter relating to sec- ‘‘(a) IN GENERAL.—In the case of the re- fect on any program under the Rehabilita- tion 434. quirements referred to in subsection (b), a tion Act of 1973. Page 4, in the matter relating to section State may, in its discretion, elect to use al- 702, strike ‘‘Amendment to Higher Education ternative approaches for the implementation H.R. 1617 Act’’ and insert ‘‘Eligible institutions.’’. of any of the requirements if (subject to the OFFERED BY: MR. BECERRA Page 18, line 15, strike ‘‘out-of-school’’. other provisions of this section) the follow- AMENDMENT NO. 3: Page 77, line 11, insert Page 30, beginning on line 20, strike ‘‘orga- ing conditions are met: after the comma the following: ‘‘and nization representing parents’’. ‘‘(1) The Governor appoints a board to de- disaggregated by demographic characteris- Page 31, line 1, insert ‘‘and entity’’ after velop a proposed plan for the alternative ap- tics, where feasible,’’. ‘‘agency’’. proaches. H 9134 CONGRESSIONAL RECORD — HOUSE September 18, 1995 ‘‘(2) Individuals with disabilities who are Marketing Association shall not control the including the responsibility to raise revenue not State officials or employees constitute a operation of the Corporation, except that the to fund such programs; and majority of the members of such board. Student Loan Marketing Association may (2) Federal tax rates should be reduced by ‘‘(3) The membership of the board in- participate in the election of directors as a the amount saved by relinquishing Federal cludes— shareholder, and may continue to exercise responsibility for workforce preparation and ‘‘(A) each State administrative agent des- its right to appoint directors under section development programs. ignated pursuant to section 103(a); and 754 of the Higher Education Act of 1965 as H.R. 1617 ‘‘(B) one or more individuals from private long as that section is in effect. The Student OFFERED BY: MR. KLINK industry. Loan Marketing Association shall not pro- ‘‘(4) The State provides that the alter- vide financial support or guarantees to the AMENDMENT NO. 14: Page 275, after line 4, native approaches will be implemented in ac- Corporation. Notwithstanding the prohibi- insert the following: cordance with the plan developed by the tions in this subsection, the United States TITLE VIII—SENSE OF CONGRESS board. may pursue any remedy against a holder of SEC. 801. SENSE OF CONGRESS. ‘‘(5) In the development of the plan, the the Corporation’s stock to which it would It is the sense of Congress, that— public is afforded a reasonable opportunity otherwise be entitled. (1) to streamline and consolidate to comment on the proposed alternative ap- Page 258, beginning on line 8, strike ‘‘, workforce preparation and development pro- proaches. upon request of the Secretary of Education’’. grams, eliminate unnecessary duplication ‘‘(6) The Governor submits to the Sec- Page 258, lines 11 and 16, strike ‘‘voting and fragmentation in such programs as stat- retary a notice that the State is electing to common’’. ed in section 3(a)(5)(A), and to provide maxi- use alternative approaches, and the notice is Page 258, beginning on line 12, strike ‘‘one mum authority and responsibility to States submitted to the Secretary not later than 60 year’’ and insert ‘‘6 months’’. and local communities for operation of State days before the beginning of the first fiscal Page 258, beginning on line 18, strike and local workforce preparation and develop- year to which the election applies. ‘‘within’’ and all that follows through ‘‘shall ment programs as stated in section ‘‘(b) ALTERNATIVES REGARDING STATE AD- purchase’’ on line 20 and insert ‘‘, the Cor- 3(a)(5)(B), the Federal Government should MINISTRATIVE STRUCTURE FOR DELIVERY OF poration shall purchase, within the period transfer all of the functions of such pro- SERVICES.—For purposes of subsection (a), a specified in paragraph (1),’’. grams to the States and local communities, State may elect to implement alternative H.R. 1617 including the responsibility to raise revenue approaches to requirements in accordance OFFERED BY: MR. GENE GREEN OF TEXAS to fund such programs; and with the following: (2) Federal tax rates should be reduced by AMENDMENT NO. 10: Strike title V of the ‘‘(1) The allocation under section 102(a) (al- the amount saved by relinquishing Federal bill and insert the following: locating amounts between State administra- responsibility for workforce preparation and tive agents and local workforce development TITLE V—MISCELLANEOUS PROVISIONS development programs. boards) is in the discretion of the State, ex- SEC. 501. EFFECT ON REHABILITATION ACT OF H.R. 1617 cept that not more than 80 percent of a grant 1973. OFFERED BY: MRS. MINK OF HAWAII under section 101(a) for a fiscal year may be Notwithstanding any other provision of reserved for activities of local workforce de- this Act, this Act does not have any legal ef- AMENDMENT NO. 15: Page 105, after line 13 velopment boards. fect on any program under the Rehabilita- insert the following: ‘‘(2) With respect to the requirements es- tion Act of 1973. (5) a description of how the State will tablished in sections 103 and 104, the alloca- maintain programs for single parents, dis- H.R. 1617 tion between State administrative agents placed homemakers, and single pregnant and local workforce development boards of OFFERED BY: MR. KILDEE women and programs that promote the responsibilities for carrying out the require- AMENDMENT NO. 11: Page 91, strike lines 12 elimination of sex bias. ments is in the discretion of the State. through 18. H.R. 1617 ‘‘(3) The selection of State officials who H.R. 1617 OFFERED BY: MRS. MORELLA are to administer the requirements of sec- OFFERED BY: MR. KILDEE AMENDMENT NO. 16: Page 125, line 6, strike tion 103 is in the discretion of the State. ‘‘and’’. ‘‘(c) REVIEW AND REVISION OF ALTERNATIVE AMENDMENT NO. 12: Page 100, after line 17, Page 125, line 9, strike the period and in- APPROACH.—An election under subsection (a) insert the following: ceases to be effective after the third fiscal (e) FISCAL EFFORT.— sert ‘‘; and’’. Page 125, after line 9, insert the following: year of being in effect unless, during such (1) IN GENERAL.—No payments shall be (viii) implementation of innovative pro- third year, the plan under the election is re- made under this title for any fiscal year to a grams to increase the number of individuals viewed. The plan may be reviewed and re- State unless the Secretary determines that trained and placed in nontraditional employ- vised annually. This section applies to the the combined fiscal effort per student or the ment. review and revision of the plan to the same aggregate expenditures of such State with Page 127, line 19, before the period insert extent and in the same manner as this sec- respect to vocational education for the fiscal the following: ‘‘and individuals seeking to tion applies to an original plan under sub- year preceding the fiscal year for which the enter nontraditional employment’’. section (a). determination is made was not less than 100 ‘‘(d) PERFORMANCE ACCOUNTABILITY SYS- percent of such combined fiscal effort or ag- H.R. 1617 TEM.—An election under subsection (a) for a gregate expenditures for the second fiscal OFFERED BY: MR. OWENS year preceding the fiscal year for which the State does not, with respect to carrying out AMENDMENT NO. 17: Page 71, strike line 1 determination is made. the program under this title in the State, af- and all that follows through line 9. fect the applicability to the State of section (2) WAIVERS.—The Secretary may waive, H.R. 1617 110 of the Consolidated and Reformed Edu- for one fiscal year only, the requirements of cation, Employment, and Rehabilitation this subsection if the Secretary determines OFFERED BY: MR. OWENS Systems Act.’’. that such a waiver would be equitable due to AMENDMENT NO. 18: Page 71, strike line 1 Page 236, line 10, strike ‘‘2003’’ and insert exceptional or uncontrollable circumstances and all that follows through line 9 and insert ‘‘2005’’. such as a natural disaster or a precipitous the following: At each of the following locations, strike and unforeseen decline in the financial re- SEC. 113. CRIMINAL PENALTIES. ‘‘2007’’ and insert ‘‘2009’’: Page 237, line 16; sources of the State. Section 665 of title 18, United States Code, page 242, line 21; page 243, line 19; and page H.R. 1617 is amended by striking ‘‘or the Job Training 249, line 4. OFFERED BY: MR. KLINK Partnership Act’’ each place it appears and Page 255, after line 21, insert the following inserting ‘‘, the Job Training Partnership new paragraph: AMENDMENT NO. 13: Page 27, after line 24, Act, or the Consolidated and Reformed Edu- (3) LIMITATION ON OWNERSHIP OF STOCK.— insert the following: cation, Employment, and Rehabilitation Except as provided in subsection (d)(2) of this SECTION 7. SENSE OF CONGRESS. Systems Act’’. section, no stock of the Corporation may be It is the sense of Congress, that— sold or issued to an agency, instrumentality, (1) to streamline and consolidate H.R. 1617 or establishment of the United States Gov- workforce preparation and development pro- OFFERED BY: MR. OWENS ernment, to a Government corporation or a grams, eliminate unnecessary duplication AMENDMENT NO. 19: Page 128, line 11, strike Government controlled corporation (as such and fragmentation in such programs as stat- ‘‘and’’. terms are defined in section 103 of title 5, ed in section 3(a)(5)(A), and to provide maxi- Page 128, line 14, strike the period and in- United States Code), or to a Government mum authority and responsibility to States sert ‘‘; and’’. sponsored enterprise (as such term is defined and local communities for operation of State Page 128, line 14, insert the following: in section 622 of title 2, United States Code). and local workforce preparation and develop- (C) who are dislocated workers or who are The Student Loan Marketing Association ment programs as stated in section economically disadvantaged individuals. shall not own any stock of the Corporation, 3(a)(5)(B), the Federal Government should Page 130, line 13, strike ‘‘and’’. except that it may retain the stock it owns transfer all of the functions of such pro- Page 130, line 16, strike the period and in- on the date of enactment. The Student Loan grams to the States and local communities, sert ‘‘; and’’. September 18, 1995 CONGRESSIONAL RECORD — HOUSE H 9135 Page 130, after line 16, insert the following: priated such sums as are necessary to carry months after the date of enactment of this (D) who are dislocated workers or who are out this Act. section: economically disadvantaged individuals. ‘‘(b) For fiscal year 1997, there are author- ‘‘(1) TERMINATION PLAN.—No later than the Page 134, strike line 21 and all that follows ized to be appropriated $693,680,000 to carry date which is 24 months after the date of this through line 2 on page 135. out sections 251 through 256 of this Act (re- section, the Association shall submit for the Page 135, line 3, strike ‘‘(f)’’ and insert lating to Summer Youth Employment and approval of the Secretary of the Treasury ‘‘(e)’’. Training Programs).’’. Page 135, line 7, strike ‘‘(g)’’ and insert (hereinafter in this subsection referred to as ‘‘(f)’’. H.R. 1617 the ‘Secretary’) a plan for the orderly wind- H.R. 1617 OFFERED BY: MR. WELDON OF FLORIDA ing up of its business which shall ensure that OFFERED BY: MR. ROEMER AMENDMENT NO. 22: Page 70, line 24, before the Association will have adequate assets to transfer to a trust, as provided in subsection AMENDMENT NO. 20: On page 10, line 4, add the period insert ‘‘or to meet federally fund- immediately before the semi-colon ‘‘and sec- ed or endorsed industry-recognized skill (e), to ensure payment of debt obligations of tion 705(b)’’. standards or attain federally funded or en- the Association that are outstanding as of On page 267, line 21, add at the beginning dorsed skill certificates’’. December 31, 2004 (hereinafter in this sub- thereof the subsection designation ‘‘(a)’’. H.R. 1617 section referred to as the ‘remaining obliga- On page 267, after line 22, add the following tions’), in accordance with their terms. OFFERED BY: MR. WELDON OF FLORIDA new subsection: ‘‘(2) PLAN REVIEW AND AMENDMENT.—The ‘‘(b) In order to allow States that have re- AMENDMENT NO. 23: Page 70, line 24, before Secretary may require any amendments to ceived grants under Subtitle B of title II of the period insert ‘‘or to meet federally fund- the plan as the Secretary deems necessary or the School-to-Work Opportunities Act of 1994 ed or endorsed industry-recognized skill appropriate to ensure full payment of the re- prior to its repeal to complete the develop- standards or attain federally funded or en- maining obligations. Once the plan or ment and implementation of their state-wide dorsed skill certificates’’. amended plan has been approved by the Sec- School-to-Work systems, the Secretary of Page 100, line 15, before the period insert retary, the Secretary shall continue to re- view the plan and the financial condition of Education and the Secretary of Labor are ‘‘or to attain a federally funded or endorsed skill certificate’’. the Association no less than annually. After authorized to use not more than 10 percent of each review, the Secretary may require any the funds appropriated under section 4(a)(1) Page 110, line 19, insert ‘‘and parents’’ after additional amendments to the plan as are of this Act for fiscal year 1997, 7.5 percent of ‘‘employers’’. necessary to ensure full payment of the re- such funds appropriated for fiscal year 1998, Page 113, line 10, insert ‘‘and parents’’ after maining obligations. and 5 percent of such funds appropriated for ‘‘employers’’. ‘‘(3) IMPLEMENTATION BY THE ASSOCIATION.— fiscal year 1999 to make continuation awards H.R. 1617 The Association shall promptly implement to such States.’’. the plan or amended plan approved by the OFFERED BY: MR. WELDON OF FLORIDA H.R. 1617 Secretary and shall promptly implement any AMENDMENT NO. 24: Page 100, line 15, before subsequent amendments required based on OFFERED BY: MS. WATERS the period insert ‘‘or to attain a federally the annual review. AMENDMENT NO. 21: Page 275, after line 4, funded or endorsed skill certificate’’. ‘‘(4) PAYMENT OF DIVIDENDS.—Prior to the add the following new title: Page 110, line 19, insert ‘‘and parents’’ after payment of any dividend, the Association TITLE VIII—SUMMER YOUTH EMPLOY- ‘‘employers’’. shall certify to the Secretary that the Asso- MENT AND TRAINING PROGRAMS Page 113, line 10, insert ‘‘and parents’’ after ciation is in full compliance with the termi- nation plan then in effect, including subse- UNDER THE JOB TRAINING PARTNER- ‘‘employers’’. SHIP ACT quent amendments. The Association may not H.R. 1617 make any cash or non-cash distributions un- SEC. 801. SUMMER YOUTH EMPLOYMENT AND OFFERED BY: MR. WILLIAMS less the Secretary has approved the termi- TRAINING PROGRAMS. nation plan, the Association is in full com- (a) AUTHORIZATION OF APPROPRIATIONS FOR AMENDMENT NO. 25: Page 31, strike line 1 pliance with the plan as approved, including TITLE II.—Notwithstanding section 4(a)(1) of and insert the following: any subsequent amendments required by the this Act, there are authorized to be appro- (2) the lead State agency, entity, official, Secretary, and the Secretary has approved priated for title II of this Act, $1,630,920,000 or officials the Association’s certification of compli- for fiscal year 1997 and such sums as may be Page 31, line 4, after ‘‘(including’’ insert ance. necessary for each of the fiscal years 1998 ‘‘the State entity responsible for setting edu- Page 248, strike lines 20 through 25 and re- through 2002 to carry out the programs under cation policies for activities under this Act, designate the succeeding subsections accord- such title. consistent with State law, on the day preced- ingly. (b) 1996 ALLOTMENT PERCENTAGE FOR ing the date of the enactment of this Act H.R. 1617 STATES UNDER TITLE II.—Notwithstanding and’’. OFFERED BY: MS. WOOLSEY section 211(b)(2)(B) of this Act, the allotment Page 32, after line 16, insert the following: AMENDMENT NO. 27: Page 5, line 15, strike percentage of a State for fiscal year 1996 (2) ACCEPTANCE OF CERTAIN RECOMMENDA- ‘‘$2,324,600,000’’ and insert ‘‘$3,000,000,000’’. shall be the percentage of funds allotted to TIONS.—The recommendations of any State H.R. 1617 the State in fiscal year 1995 under— agency, State entity, or State public official (1) section 101 or 101A of the Carl D. Per- described in subsection (b)(2) with respect to OFFERED BY: MS. WOOLSEY kins Vocational and Applied Technology any portion of the State plan described in AMENDMENT NO. 28. Page 5, line 15, strike Education Act, as such Act was in effect on section 104 that affects programs that are ‘‘$2,324,600,000’’ and insert ‘‘$3,000,000,000’’. the day before the date of the enactment of under the jurisdiction of the agency, entity, Page 5, line 19, strike ‘‘$2,183,000,000’’ and this Act; and or official shall be accepted by the Governor insert ‘‘$3,225,000,000’’. (2) the funding allotted in fiscal year 1995 of the State and the other participants in Page 5, line 23, strike ‘‘$280,000,000’’ and in- under section 262 of the Job Training Part- the collaborative process, and shall be incor- sert ‘‘$597,000,000’’. nership Act, as such Act was in effect on the porated in the plan, unless the plan includes H.R. 2274 day before the date of the enactment of this a finding by the Governor that the rec- OFFERED BY: MRS. BARRETT OF NEBRASKA Act. ommendations are inconsistent with the pur- AMENDMENT NO. 18. Page 96, after line 13, ETENTION OF SUMMER YOUTH EMPLOY- (c) R pose of this Act. insert the following: MENT AND TRAINING PROGRAMS.— Page 32, line 17, strike ‘‘(2)’’ and insert (4) DRIVERS OF UTILITY SERVICE VEHICLES.— (1) IN GENERAL.—Notwithstanding section ‘‘(3)’’. Such regulations shall, in the case of a driv- 711(a) of this Act, the Job Training Partner- Page 36, after line 7, insert the following: er of a utility service vehicle, permit any pe- ship Act (29 U.S.C. 1501 et seq.), except sec- (11) A designation, consistent with State riod of 8 consecutive days to end with the be- tion 1, sections 251 through 256 (relating to law, of the State agency or agencies to serve ginning of an off-duty period of 24 or more the Summer Youth Employment and Train- as administrative or fiscal agents for pur- consecutive hours for the purposes of deter- ing Programs), sections 421 through 439 (re- mining maximum driving and on-duty time. poses of titles II and IV. lating to the Job Corps), and section 441 of Page 96, line 14, strike ‘‘(4)’’ and insert such Act (relating to veterans’ employment H.R. 1617 ‘‘(5)’’. programs), is hereby repealed. OFFERED BY: MR. WILLIAMS Page 97, line 3, strike ‘‘(5)’’ and insert ‘‘(6)’’. (2) AUTHORIZATION OF APPROPRIATIONS.— AMENDMENT NO. 26: Page 246, after line 4, Notwithstanding section 711(b)(4) of this Act, insert the following new subsection (and re- Page 99, after line 6, insert the following: the Job Training Partnership Act (29 U.S.C. designate the succeeding subsections accord- (6) UTILITY SERVICE VEHICLE.—The term 1501 et seq.), as amended by this subsection, ‘‘utility service vehicle’’ means any motor ingly): vehicle, regardless of gross weight— is further amended by adding at the end the ‘‘(e) ADDITIONAL TRANSITION PROVISIONS IN following new section: (A) used on highways in interstate or THE EVENT OF NO REORGANIZATION.—In the intrastate commerce in the furtherance of ‘‘AUTHORIZATION OF APPROPRIATIONS event no reorganization is approved under building, repairing, expanding, improving, ‘‘SEC. 23. (a) Except as provided in sub- this section, the following provisions shall maintaining, or operating any structures, fa- section (b), there are authorized to be appro- apply beginning on the date which is 18 cilities, excavations, poles, lines, or any H 9136 CONGRESSIONAL RECORD — HOUSE September 18, 1995 other physical feature necessary for the de- such public utility services to consumers, in- (C) except for any occasional emergency livery of public utility services, including cluding travel or movement to, from, upon, use, operated primarily within the service the furnishing of electric, water, sanitary or between activity sites (including occa- area of a utility’s subscribers or consumers, sewer, telephone, and television cable or sional travel or movement outside the serv- without regard to whether the vehicle is community antenna service; ice area necessitated by any utility emer- owned, leased, or rented or otherwise con- (B) while engaged in any activity nec- gency as determined by the utility provider); tracted for by the utility. essarily related to the ultimate delivery of and E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, MONDAY, SEPTEMBER 18, 1995 No. 145 Senate (Legislative day of Tuesday, September 5, 1995)

The Senate met at 9:45 a.m., on the and for the information of all Senators, interview. I said, ‘‘We have a number of expiration of the recess, and was called this morning there will be a period for votes and I am sorry, but I have to go to order by the President pro tempore morning business until the hour of 10 to work.’’ As I proceeded to walk to- [Mr. THURMOND]. a.m. ward my car, I was confronted not only Immediately following morning busi- with the microphone and a cameraman, PRAYER ness, the Senate will begin consider- but somebody carrying the cord and a The Chaplain, Dr. Lloyd John ation of H.R. 1976, the Agriculture Ap- couple of other people and, I assume, a Ogilvie, offered the following prayer: propriations bill. director. Almighty God, we begin the work of The majority leader has indicated I said, ‘‘I am sorry, but if you want this week with the affirmation of the that Senators are expected to offer an interview I would be happy to ac- psalmist, ‘‘The Lord is my strength their amendments to the bill. However, commodate you at my office.’’ and my shield; my heart trusted in no rollcall votes will occur before 5:15 Well, as I began to get closer and Him, and I am helped; therefore my p.m. today. closer to the car, I finally became heart greatly rejoices.’’—Psalm 28:7. Members are also alerted that the aware that there was a question that Thank You for the joy we experience Senate will complete action on the was forthcoming, and it was, ‘‘Why when we receive Your unqualified grace welfare reform bill tomorrow, with have you voted against the highway bill?’’ I said, ‘‘You have the wrong Sen- and unlimited goodness. Your joy is so rollcall votes on the welfare reform bill ator. I have no jurisdiction over high- much more than mere happiness that is beginning at approximately 2:45 p.m. ways. You must want somebody else.’’ dependent on circumstances and the on Tuesday. I was thinking of TRENT LOTT who lives attitudes of others. When we allow You f next door. But clearly they were not to fill us with Your love, an artesian MORNING BUSINESS after TRENT LOTT; they were after me. joy floods our minds and hearts. We re- The next question was, ‘‘Senator, The PRESIDENT pro tempore. Under member times when we trusted You why did you vote against the highway and You helped us, and joy bursts with- the previous order, there will now be a funding legislation and vote for logging in us. With Your joy we can face dif- period for the transaction of morning roads?’’ I responded by saying, ‘‘You ficulties, deal with impossible situa- business not to extend beyond the hour really do not know anything about log- tions, and endure the most frustrating of 10 a.m., with Senators permitted to ging roads,’’ and I went to my car and problems. You are the source of our speak therein for up to 5 minutes each. I closed the door and they said, ‘‘Well, strength for the tasks of this day, wis- f you have some stock in one of the log- dom for the decisions of this week, and AN INVASION OF PRIVACY ging companies in Alaska.’’ I responded encouragement for the challenges by saying, ‘‘No, I do not have that ahead of us. You know what we need Mr. MURKOWSKI. Mr. President, I stock,’’ closed the door and backed out. before we ask You, and You guide us to would like to speak this morning rel- Then I found that later on in the day ask for what is Your will for us. May ative to an incident that occurred last this organization from ‘‘A Current Af- the joy we experience with You radiate Tuesday, and I think, if I recall cor- fair’’ had contacted my stockbroker on our faces and be expressed in our at- rectly, the senior Senator from West after we had released a public state- titudes. This is the day You have made; Virginia also had such an incident ment, and I will have that printed in we will rejoice and be glad in it. In the which, to me, amounted to a certain the RECORD, relative to the disposal of name of our Lord, who brought us joy. invasion of privacy. some of my holdings in natural re- Amen. Last Tuesday, Mr. President, I was source stocks. leaving my home to walk to my car f They had the gall to suggest that and, as I rounded the corner, a neigh- perhaps my broker had predated or SCHEDULE bor asked me why someone was backdated the letter, indicating the ac- Mr. MURKOWSKI addressed the videotaping our block. I smiled at her tual date on which I sold my stock. Chair. and said, ‘‘Well, I have no idea.’’ As I Now, Mr. President, we are all vic- The PRESIDENT pro tempore. The came around the corner, I was con- tims of living in a glasshouse in our able Senator from Alaska is recog- fronted by a news crew from an organi- particular business, but I find this kind nized. zation called ‘‘A Current Affair.’’ As I of activity a personal affront to my Mr. MURKOWSKI. Good morning, attempted to walk toward my car, I own integrity and my own personal af- Mr. President. On behalf of the leader, found that there was a request for an fairs.

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

S13677

.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13678 CONGRESSIONAL RECORD — SENATE September 18, 1995 Nevertheless, I think that we are all There being no objection, the mate- place before he introduced the Tongass legis- subject to this kind of harassment rial was ordered to be printed in the lation. from time to time, but I did want the RECORD, as follows: Mr. MURKOWSKI. To make a long RECORD to note the circumstances sur- LEGG MASON WOOD WALKER, INC., story short, Mr. President, I no longer rounding this particular event. Alexandria, VA, July 20, 1995. hold any resource development-type As a consequence, Mr. President, of Re Account number, name of Frank H. Mur- stocks in my personal portfolio and allegations concerning private holdings kowski and Nancy G. Murkowski. feel that I have acted appropriately that I have had in various resource Senator FRANK H. MURKOWSKI, with regard to full disclosure on my companies that I have held for a num- Washington DC. personal assets. I believe that there is ber of years—some for as many as 40 DEAR SENATOR MURKOWSKI: This is to no conflict of any kind other than the years have been held in my family— verify that the following securities were sold effort to proceed with responsible de- on July 17, 1995 from the above account. and criticism associated with that, velopment in my State of Alaska rel- when I first came to this body I de- Security Shares Amount ative to jobs, the economy, and the clared all my personal holdings. economic contribution Alaska can Champion Intl Corp ...... 100 $5,638.30 There was criticism from some that I Chevron Corp ...... 324 15,307.79 make as a resource-rich State to our should sell those holdings because I did James River Corp ...... 395 10,532,13 overall economy in this Nation. Louisiana Pacific ...... 750 20,068.87 have small amounts in organizations RTZ Corp PLC ADR ...... 100 5,725.80 I am proud of my personal efforts to such as Chevron Corp., James River, abide by the Senate rules and the rules Total ...... 57,272.89 Louisiana Pacific, RTZ, Champion of disclosure. Again, I somewhat resent being ambushed on my way to work International. Sincerely, Then I moved the shares into a blind LAWRENCE D. BERBERIAN, last Tuesday. trust, Mr. President, and moved my as- Vice President, Investments Retirement Mr. President, I suggest the absence sets into a blind trust. Then I was Plan Consultant. of a quorum. criticized for hiding my assets. The PRESIDING OFFICER (Mr. Again, after a short period of time, MURKOWSKI VERIFIES HE SOLD ALL NATURAL THOMAS). The clerk will call the roll. RESOURCE STOCKHOLDINGS BEFORE INTRO- The assistant legislative clerk pro- having placed my assets in a blind DUCING TONGASS BILL ceeded to call the roll. trust, I released them and have pub- WASHINGTON.—In response to a request Mr. MURKOWSKI. Mr. President, I licly disclosed all of them ever since. from one of the tabloid TV programs, A Cur- ask unanimous consent that the As a consequence, Mr. President, I rent Affair, Alaska Sen. Frank Murkowski quorum call be rescinded. I will speak have absolutely nothing to hide about today released proof that as he announced as in morning business for 4 or 5 min- my personal investments. I try to in- more than a month ago, that he had sold all utes. vest in my home State of Alaska, de- of his stock in natural resouce firms before The PRESIDING OFFICER. Without introducing forestry-related legislation con- veloping resources and creating jobs. I objection, it is so ordered. think that is probably the best evi- cerning the Tongass National Forest in Southeast Alaska. f dence of my commitment to my State Murkowski, chairman of the Senate En- of Alaska. ergy and Natural Resources Committee, July REIMBURSING MEMBERS’ COSTS All my interests are disclosed pub- 17 sold all of his stock holdings in five com- AT CHARITABLE EVENTS licly, and the fact that a producer from panies that deal with natural resource Mr. MURKOWSKI. Mr. President, ‘‘A Current Affair’’ thinks they bear issues: one energy company, three timber-re- sometimes this body resembles, at some kind of additional public disclo- lated companies, (only one having operations least to me, perhaps ‘‘The Gang That sure, why, they are certainly welcome in Alaska) and one mining company. The Couldn’t Shoot Straight.’’ Let me to that conclusion. sale came four days before Murkowski intro- share an example from Alaska relating The bottom line, evidently, Mr. duced the Southeast Alaska Jobs and Com- munity Protection Act and before any sub- to Senate passage of new restrictions President, is that ‘‘A Current Affair’’ stantive action occurred on either opening of on the acceptance of gifts by Senators, intends to do some kind of expose´ on the Arctic National Wildlife Refuge to oil ex- which was recently adopted by this logging in my State. I have had my ploration/development or before his com- body. press secretary cooperating with them, mittee substantively took up debate of min- In crafting this new rule, we were giving them the names of knowledge- ing reform legislation. certainly shooting at the Senate’s past able people in Alaska and Sitka, Ketch- ‘‘I’ve never been asked before in a cordial practices, where some Members inap- ikan that they can contact with regard fashion whether I sold my stock in all these propriately did accept gifts from lobby- companies. Since I have now been asked, the to the specifics of any question regard- answer is yes I did months ago to prevent ri- ists. Unfortunately, the target that we ing logging in our State on public diculous media speculation from interferring actually hit with our shots were the lands. with substantive debate over a number of charities that had committed abso- Mr. President, for the RECORD I sup- vital national resource policy issues,’’ said lutely no wrongdoings, unless trying to ply a statement from my broker to be Murkowski. raise money from time to time for the printed in the RECORD dated July 20, ‘‘Normally I would follow proper Senate needy is now, somehow, inappropriate 1995, verifying the following securities procedures and not unveil my stock trans- in this body. were sold on July 17, 1995, covering actions, until my annual May financial dis- First, let me make it clear that I closure statement. But given the level of Champion International, Chevron unresearched and incorrect media reports fully support the new rule limiting Corp., James River, Louisiana Pacific, this summer, it probably is better to release gifts to Senators from any one source and RTZ. The value of those stocks at this information now,’’ said Murkowski, who to $100 and making all gifts over $10— the time they were sold was $57,272.89. added that these sales in no way lessen his whether they be lunch or a fruit bas- I also ask unanimous consent that it commitment to invest in Alaska-related ket—count against the limit. Through be printed in the RECORD that these firms whenever possible. that limit, the Senate has gone a long stock holdings were sold 4 days prior to ‘‘My goal still is to invest in companies way to end the public perception that the introduction of legislation covering that provide jobs and make investments in Alaska. That is what I can do as an indi- lawmakers give special favors to those the Southeast Alaska Jobs and Com- vidual to help Alaska’s economy and the cre- who take us to lunch or take us to din- munity Protection Act which proposes ation of jobs which always has been my guid- ner or whatever. to expand the timber harvest in the ing investment principle,’’ said Murkowski. But the new rule contains a glaring Tongass National Forest. These were Murkowski has responded repeatedly inconsistency and a level of hypocrisy done prior to any substantive action through his press office to a producer from that leaves a sour taste in my mouth. occurring on the opening of the Arctic the program A Current Affair giving them The chief problem is that under the National Wildlife Refuge oil explo- the appropriate contacts in Alaska so they measure we now have adopted, private can gain factual comments on the Tongass. ration development or before my com- The Senator announced in Sitka Aug. 12 and parties would not be able to reimburse mittee, the Committee on Energy and Ketchikan Aug. 13 that he had disposed of Members for the costs of transpor- Natural Resources, subsequently took some stock. Today, Murkowski released to tation and lodging to a charitable up the debate on the mining reform the public the same information he gave to event. But Senators still would be per- legislation. the program to confirm that the sales took mitted to be privately reimbursed if

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13679 they travel to a fundraising event, in My clear preference would have been and women are sent to war and do not Hollywood or San Francisco or Florida, to allow Senators to continue to come return to us. We expressed our under- for another Senator, and they could re- to this charity event, events approved standing of the terrible frustration, ceive reimbursement for lodging—a previously by the Senate Ethics Com- and, yes, even the anger, energized in clear inconsistency. We cannot do it mittee to guarantee that they were le- us by the fact that the fates of those for charity; but we can do it for poli- gitimate charities. It seems to me, American service members remain un- tics. when Congress attacks charity events known. Some suggest that politics is our while leaving big loopholes for political We restated our sacred obligation to business and that is why we should be travel, it simply puts us all in the take every reasonable step to obtain allowed to continue to do it. But char- bull’s eye, furthering the public’s grow- the fullest possible accounting for ity is also a worthy cause. Every Sen- ing skepticism toward public officials. those still missing. ator has, at one time or another, made The gift rule and related lobbying re- We endorsed anew our national com- a campaign appearance for his party or form legislation that the Senate has mitment to recover and identify the re- another member of his party. But the approved overall are certainly good mains of the honored dead. Senate now has created a system where steps to restore public confidence in Yes, it is so important to honor our politicians can travel all over this the Senate and Congress. But why missing service members. And it is nec- country attending political fundraisers shoot down legitimate charities? Mr. essary to ever remember our obliga- and be reimbursed for travel and lodg- President, that is just what we have tions, both to them and to their fami- ing but cannot be reimbursed for par- done. lies. ticipating in charity events. This I thank the Chair and yield the floor. Yet it is also important to acknowl- means the Senator can accept travel, I thank my colleague for allowing me edge that there are practical and real- lodging and dinner in some plush spot, this extra time. istic limits to what can ever be elbow to elbow, on occasion, perhaps, f learned. There are mysteries that will with lobbyists, if he or she is raising remain forever unsolved in this world. money for a political group but cannot TRIBUTE TO FAYE BROWN We do our Nation’s service members be reimbursed for participation in a Mr. HEFLIN. Mr. President, I want no justice if we fail to take every sin- charity event. to take a moment to commend and The source of funds for both charity congratulate Faye Brown, who will be gle reasonable step to recover them and political events is often the same, retiring from the bankruptcy adminis- when they are lost from our midst. But donations of lobbyists and political ac- trator’s office in Birmingham at the we do them no honor—yes, we even dis- tion committees. The irony is that in- end of this month. She has been a fix- honor them—if we are to allow their side the beltway, charities still will be ture at the bankruptcy court and ad- loss to become an albatross forever able to encourage the participation of ministrator’s office for many years. about the necks of our caring country- business executives with the presence Faye graduated from Dale County men. of Senators as a lure, but the charities High School in Ozark, AL; in 1950 and Mr. President, Friday our Nation in the distant States such as mine, in attended Howard College, now Samford paused to commemorate our missing in Alaska, will be shut out of the means University, graduating in 1954. From action, including members of my own to raise funds for worthy causes such 1966 to 1971, she served as the personal family in World War II. Today, and as breast cancer detection screening. secretary to Judge Robert S. Vance. In every day, we must remember their Last year my wife, Nancy, and I were 1972, she was appointed deputy clerk service and their sacrifice. And today, the honorary chairs of a charity fishing for the bankruptcy court. and every day, our Nation can continue tournament held outside Ketchikan, From 1979 to 1985, Faye was the sec- to honor them by ensuring that Amer- AK. The tournament raised $150,000 for retary to Judge Stephen B. Coleman, ica remains wholly committed, at the Breast Cancer Detection Center of Chief Judge of the United States Bank- home and abroad, to the freedoms they Fairbanks. Money for the center was ruptcy Court for the Northern District fought to preserve forever. used to pay for a new mammography of Alabama. In 1985, after Judge Cole- machine. The center, founded in 1976 by man’s retirement, she became the asset f my wife and a group of Fairbanks closing clerk for the bankruptcy THE BAD DEBT BOXSCORE women, provides free or reduced-cost clerk’s office, serving there for the breast cancer examination for about next 7 years. In 1992, she obtained her Mr. HELMS. Mr. President, the im- 2,200 women a year on average. Over current position and the one from pression will not go away: The $4.9 tril- the years, women from 81 Alaska vil- which she is retiring this month, that lion Federal debt stands today as a sort lages have benefited from these tests. of bankruptcy analyst. of grotesque parallel to television’s en- This year, we proceeded with a sec- Faye Brown has done an outstanding ergizer bunny that appears and appears ond event at a place called Waterfall, job over the many years of her career. and appears in precisely the same way near Ketchikan. We raised approxi- In many ways, she is the institutional that the Federal debt keeps going up mately $210,000 and were able to give memory of her office, and knows the and up and up. the Breast Cancer Detection Center of in’s and out’s of the bankruptcy court Politicians like to talk a good Alaska $200,000 to allow them to order as well as anyone, and her expertise game—and ‘‘talk’’ is the operative a mobile mammogram unit, which will and dedication will be sorely missed. I word—about reducing the Federal def- be traversing the highways of Alaska congratulate her for a job well done icit and bringing the Federal debt next spring. It will be able to be uti- and wish her all the best for a long, under control. But watch how they lized on the ferry systems and by barge healthy, and happy retirement. It is vote. Control, Mr. President. As of Fri- systems and will be brought into the surely well-earned. day, September 15, at the close of busi- remote villages. This is a van, equipped f ness, the total Federal debt stood at with a mammography machine. It will exactly $4,962,989,568,088.23 or $18,839.59 also be able to be transported by the POW-MIA RECOGNITION DAY per man, woman, child on a per capita Air National Guard into some of the Mr. SIMPSON. Mr. President, on Fri- basis. Res ipsa loquitur. 220 rural villages in my State. day, I joined with the Members of this Some control, isn’t it? This unit is going to be vital to pre- body, and with all the citizens of our Mr. DOLE. Mr. President, is the lead- serve the health of Alaska’s women, in- Nation, in commemorating the Amer- er time reserved? cluding many Native women. I might ican service members who are missing The PRESIDING OFFICER. Yes. add, the State’s breast cancer mor- in action and whose fates yet remain tality is the second highest in the Na- unknown. f tion. One in eight Alaska women will Our Nation honored those who are develop breast cancer, with about 50 a missing, both for their service and for TRIBUTE TO RUTH ANN KOMAREK year dying from that disease. Breast their sacrifice. Mr. DOLE. Mr. President, I rise cancer screening can reduce this rate We acknowledged the shared loss in- today to recognize a valued member of by some 30 percent. flicted upon all of us when young men my staff whose length of service to me

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13680 CONGRESSIONAL RECORD — SENATE September 18, 1995 and the people of Kansas is nothing health care services to millions and shall be available for InfoShare: Provided, short of remarkable. Ruth Ann millions of Americans, in some areas it That not to exceed $11,000 of this amount, Komarek has just completed her 30th has not kept pace with many of the ad- along with any unobligated balances of rep- year of working for me. That is three, vances in health care delivery enjoyed resentation funds in the Foreign Agricul- tural Service shall be available for official zero, Mr. President. by the private sector. reception and representation expenses, not A native of Ellinwood, KS, Ruth Ann The bill introduced by Senator otherwise provided for, as determined by the came to my office from the Federal Bu- GREGG restructures Medicare so that Secretary. reau of Investigation in 1965, while I its beneficiaries receive the same range EXECUTIVE OPERATIONS was still serving in the House of Rep- of choices and possibilities that those CHIEF ECONOMIST resentatives. She made the transition with private insurance receive today. For necessary expenses of the Chief Econo- with me to the Senate in 1968, and she At the same time, it leaves traditional mist, including economic analysis, risk as- has been hard at work ever since. Medicare completely in place for those sessment, cost benefit analysis, and the func- Ruth Ann serves as my office man- Medicare beneficiaries who are happy tions of the World Agricultural Outlook ager and supervisor of my mail oper- with the care and services they receive Board, as authorized by the Agricultural ation, a mammoth task to say the today. Marketing Act of 1946 (7 U.S.C. 1622g), and in- cluding employment pursuant to the second least. Virtually every letter, fax, post- Mr. President, Senator GREGG de- sentence of the section 706(a) of the Organic card, and package that comes into my serves a great deal of credit for the Act of 1944 (7 U.S.C. 2225), of which not to ex- office passes through her hands. That leadership he has demonstrated on this ceed $5,000 is for employment under 5 U.S.C. represents thousands upon thousands very complex issue. As Congress is 3109, ø$3,948,000¿ $3,814,000. of pieces of correspondence every week. about to begin a very serious debate on NATIONAL APPEALS DIVISION She gets each one where it needs to go Medicare reform in the coming weeks, For necessary expenses of the National Ap- and tries to make sure that every Kan- the work of Senator GREGG will no peals Division, including employment pursu- san who writes to me gets a timely re- doubt be an invaluable benefit. ant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of sponse. f Ruth Ann also spends a lot of time which not to exceed $25,000 is for employ- keeping the rest of the staff—espe- CONCLUSION OF MORNING ment under 5 U.S.C. 3109, $11,846,000. cially the interns—in line. New staffers BUSINESS OFFICE OF BUDGET AND PROGRAM ANALYSIS learn that her gruff exterior hides a The PRESIDING OFFICER. Morning For necessary expenses of the Office of Budget and Program Analysis, including em- heart of gold and a great sense of business, extended, is now closed. humor, but after she has laid down the ployment pursuant to the second sentence of f section 706(a) of the Organic Act of 1944 (7 law and made them earn their way. U.S.C. 2225), of which not to exceed $5,000 is I am proud to recognize Ruth Ann AGRICULTURE, RURAL DEVELOP- for employment under 5 U.S.C. 3109, Komarek for all her hard work for me, MENT, FOOD AND DRUG ADMIN- $5,899,000. the Senate, and for Kansas. I look for- ISTRATION, AND RELATED CHIEF FINANCIAL OFFICER ward to her continued service in the AGENCIES APPROPRIATIONS For necessary expenses of the Office of the coming years. ACT, 1996 Chief Financial Officer, including employ- Mr. DOLE. Mr. President, I would The PRESIDING OFFICER. Under ment pursuant to the second sentence of sec- tion 706(a) of the Organic Act of 1944 (7 U.S.C. like to take a moment to commend my the provisions of the order, the hour of colleague from New Hampshire, Sen- 2225), of which not to exceed $10,000 is for em- 10 o’clock having arrived and passed, ployment under 5 U.S.C. 3109, $4,133,000: Pro- ator JUDD GREGG, for the Medicare Im- the Senate will now proceed to consid- provement and Choice Care Provision vided, That the Chief Financial Officer shall eration of H.R. 1976, which the clerk reinstate and market cross-servicing activi- Act which he introduced last week. will report. ties of the National Finance Centerø: Pro- The Medicare Program has received a The assistant legislative clerk read vided further, That none of the funds appro- great deal of attention in the last year, as follows: priated or otherwise made available by this particularly since early April when the Act shall be used to obtain, modify, re-engi- A bill (H.R. 1976) making appropriations Medicare trustees report stated that neer, license, operate, implement, or expand for agriculture, rural development, Food and commercial off-the-shelf financial manage- the Medicare Program will become in- Drug Administration, and related agencies ment software systems or existing commer- solvent in just 7 years. programs for the fiscal year ending Sep- cial off-the-shelf system financial manage- Mr. President, Senator GREGG and all tember 30, 1996, and for other purposes. Republicans took this report very seri- ment contracts, beyond general ledger sys- The Senate proceeded to consider the tems and accounting support software, at ously. But, as anyone who has worked bill, which had been reported from the the National Finance Center until thirty leg- on this issue knows, to ensure the sol- Committee on Appropriations, with islative days after the Secretary of Agri- vency of this program is going to re- amendments; as follows: culture submits to the House and Senate quire a great deal of commitment on (The parts of the bill intended to be Committees on Appropriations a complete the part of Congress and the adminis- and thorough cost-benefit analysis and a cer- stricken are shown in boldface brack- tification by the Secretary of Agriculture tration. ets and the parts of the bill intended to Our goal is very simple—to preserve, that this analysis provides a detailed and ac- be inserted are shown in italic.) strengthen, and protect the Medicare curate cost-benefit analysis comparison be- Program. Today 37 million disabled and H.R. 1976 tween obtaining or expanding commercial Be it enacted by the Senate and House of Rep- off-the-shelf software systems and con- elderly Americans rely on Medicare for ducting identical or comparable software their health care. For their sake and resentatives of the United States of America in Congress assembled, That the following sums systems acquisitions, re-engineering, or ¿ for the millions of Americans who will are appropriated, out of any money in the modifications in-house . rely on this program in the future, we Treasury not otherwise appropriated, for Ag- OFFICE OF THE ASSISTANT SECRETARY FOR need to take action. riculture, Rural Development, Food and ADMINISTRATION And that is exactly what Senator Drug Administration, and Related Agencies For necessary salaries and expenses of the GREGG has done. The bill that he has programs for the fiscal year ending Sep- Office of the Assistant Secretary for Admin- introduced not only preserves and pro- tember 30, 1996, and for other purposes, istration to carry out the programs funded tects the current Medicare Program, it namely: in this Act, $596,000. also strengthens the program to move TITLE I AGRICULTURE BUILDINGS AND FACILITIES AND it successfully into the 21st century. AGRICULTURAL PROGRAMS RENTAL PAYMENTS (INCLUDING TRANSFERS OF FUNDS) Mr. President, as I have said many PRODUCTION, PROCESSING, AND MARKETING For payment of space rental and related times in this Chamber, the United OFFICE OF THE SECRETARY costs pursuant to Public Law 92–313, includ- States has the best health care system (INCLUDING TRANSFERS OF FUNDS) in the world. There is no other nation ing authorities pursuant to the 1984 delega- For necessary expenses of the Office of the tion of authority from the Administrator of that compares to the quality of care Secretary of Agriculture, and not to exceed General Services to the Department of Agri- delivered by our providers, our tech- $75,000 for employment under 5 U.S.C. 3109, culture under 40 U.S.C. 486, for programs and nology, and our innovation. Although ø$10,227,000¿ $12,801,000, of which ø$7,500,000¿ activities of the Department which are in- Medicare has provided invaluable $10,000,000, to remain available until expended, cluded in this Act, $110,187,000, of which

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$20,216,000 shall be retained by the Depart- OFFICE OF COMMUNICATIONS AGRICULTURAL RESEARCH SERVICE ment for the operation, maintenance, and re- For necessary expenses to carry on serv- (INCLUDING TRANSFERS OF FUNDS) pair of Agriculture buildings: Provided, That ices relating to the coordination of programs in the event an agency within the Depart- involving public affairs, for the dissemina- For necessary expenses to enable the Agri- ment should require modification of space tion of agricultural information, and the co- cultural Research Service to perform agri- needs, the Secretary of Agriculture may ordination of information, work, and pro- cultural research and demonstration relating transfer a share of that agency’s appropria- grams authorized by Congress in the Depart- to production, utilization, marketing, and tion made available by this Act to this ap- ment, $8,198,000, including employment pur- distribution (not otherwise provided for); propriation, or may transfer a share of this suant to the second sentence of section 706(a) home economics or nutrition and consumer appropriation to that agency’s appropria- of the Organic Act of 1944 (7 U.S.C. 2225), of use including the acquisition, preservation, tion, but such transfers shall not exceed 5 which not to exceed $10,000 shall be available and dissemination of agricultural informa- percent of the funds made available for space for employment under 5 U.S.C. 3109, and not tion; and for acquisition of lands by dona- rental and related costs to or from this ac- to exceed $2,000,000 may be used for farmers’ tion, exchange, or purchase at a nominal count. In addition, for construction, repair, bulletins. cost not to exceed $100, ø$705,610,000¿ improvement, extension, alteration, and pur- OFFICE OF THE INSPECTOR GENERAL chase of fixed equipment or facilities as nec- $707,000,000: Provided, That appropriations essary to carry out the programs of the De- For necessary expenses of the Office of the hereunder shall be available for temporary partment, where not otherwise provided, Inspector General, including employment employment pursuant to the second sentence $25,587,000, to remain available until ex- pursuant to the second sentence of section of section 706(a) of the Organic Act of 1944 (7 706(a) of the Organic Act of 1944 (7 U.S.C. pended; making a total appropriation of U.S.C. 2225), and not to exceed $115,000 shall 2225), and the Inspector General Act of 1978, $135,774,000. be available for employment under 5 U.S.C. as amended, $63,639,000, including such sums 3109: Provided further, That appropriations ADVISORY COMMITTEES (USDA) as may be necessary for contracting and hereunder shall be available for the oper- For necessary expenses for activities of ad- other arrangements with public agencies and ation and maintenance of aircraft and the visory committees of the Department of Ag- private persons pursuant to section 6(a)(9) of purchase of not to exceed one for replace- riculture which are included in this Act, the Inspector General Act of 1978, as amend- ment only: Provided further, That appropria- ø$800,000¿ $650,000: Provided, That no other ed, including a sum not to exceed $50,000 for tions hereunder shall be available pursuant funds appropriated to the Department in this employment under 5 U.S.C. 3109; and includ- to 7 U.S.C. 2250 for the construction, alter- ø ¿ Act shall be available to the Department for ing a sum not to exceed $95,000 $125,000 for ation, and repair of buildings and improve- support of activities of advisory committees. certain confidential operational expenses in- ments, but unless otherwise provided the cluding the payment of informants, to be ex- HAZARDOUS WASTE MANAGEMENT cost of constructing any one building shall pended under the direction of the Inspector not exceed $250,000, except for headhouses or (INCLUDING TRANSFERS OF FUNDS) General pursuant to Public Law 95–452 and greenhouses which shall each be limited to section 1337 of Public Law 97–98: Provided, For necessary expenses of the Department $1,000,000, and except for ten buildings to be That funds transferred to the Office of the In- of Agriculture, to comply with the require- constructed or improved at a cost not to ex- spector General through forfeiture proceedings ment of section 107(g) of the Comprehensive ceed $500,000 each, and the cost of altering or from the Department of Justice Assets For- Environmental Response, Compensation, and any one building during the fiscal year shall Liability Act, as amended, 42 U.S.C. 9607(g), feiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as not exceed 10 percent of the current replace- and section 6001 of the Resource Conserva- ment value of the building or $250,000, which- tion and Recovery Act, as amended, 42 U.S.C. an equitable share from the forfeiture of prop- erty in investigations in which the Office of In- ever is greater: Provided further, That the 6961, $15,700,000, to remain available until ex- limitations on alterations contained in this pended: Provided, That appropriations and spector General participates, or through the granting of a Petition for Remission or Mitiga- Act shall not apply to modernization or re- funds available herein to the Department for placement of existing facilities at Beltsville, Hazardous Waste Management may be trans- tion, shall be deposited to the credit of this ac- count for law enforcement activities authorized Maryland: Provided further, That the fore- ferred to any agency of the Department for going limitations shall not apply to replace- its use in meeting all requirements pursuant under the Inspector General Act of 1978, as amended, to remain available until expended. ment of buildings needed to carry out the to the above Acts on Federal and non-Fed- Act of April 24, 1948 (21 U.S.C. 113a): Provided OFFICE OF THE GENERAL COUNSEL eral lands. further, That the foregoing limitations shall DEPARTMENTAL ADMINISTRATION For necessary expenses of the Office of the not apply to the purchase of land at Beckley, General Counsel, $27,860,000. (INCLUDING TRANSFERS OF FUNDS) West Virginia: Provided further, That not to OFFICE OF THE UNDER SECRETARY FOR exceed $190,000 of this appropriation may be For Personnel, Operations, Information RESEARCH, EDUCATION AND ECONOMICS transferred to and merged with the appro- Resources Management, Civil Rights En- priation for the Office of the Under Sec- forcement, Small and Disadvantaged Busi- For necessary salaries and expenses of the retary for Research, Education and Econom- ness Utilization, Administrative Law Judges Office of the Under Secretary for Research, ics for the scientific review of international and Judicial Officer, Disaster Management Education and Economics to administer the issues involving agricultural chemicals and and Coordination, and Modernization of the laws enacted by the Congress for the Eco- food additives: Provided further, That funds Administrative Process, $27,986,000, to pro- nomic Research Service, the National Agri- vide for necessary expenses for management cultural Statistics Service, the Agricultural may be received from any State, other polit- support services to offices of the Department Research Service and the Cooperative State ical subdivision, organization, or individual and for general administration and disaster Research, Education, and Extension Service, for the purpose of establishing or operating management of the Department, repairs and $520,000. any research facility or research project of alterations, and other miscellaneous supplies ECONOMIC RESEARCH SERVICE the Agricultural Research Service, as au- thorized by law: Provided further, That all and expenses not otherwise provided for and For necessary expenses of the Economic rights and title of the United States in the necessary for the practical and efficient Research Service in conducting economic re- property known as USDA Houma Sugar Cane work of the Department, including employ- search and analysis, as authorized by the Ag- Research Laboratory, consisting of approxi- ment pursuant to the second sentence of sec- ricultural Marketing Act of 1946 (7 U.S.C. mately 20 acres in the City of Houma and 150 tion 706(a) of the Organic Act of 1944 (7 U.S.C. 1621–1627) and other laws, ø$53,131,000¿ acres of farmland in Chacahula, Louisiana, 2225), of which not to exceed $10,000 is for em- $53,526,000: Provided, That this appropriation including facilities and equipment, shall be ployment under 5 U.S.C. 3109: Provided, That shall be available for employment pursuant conveyed to the American Sugar Cane this appropriation shall be reimbursed from to the second sentence of section 706(a) of League Foundation: Provided further, That all applicable appropriations in this Act for the Organic Act of 1944 (7 U.S.C. 2225). travel expenses incident to the holding of rights and title of the United States in the NATIONAL AGRICULTURAL STATISTICS SERVICE hearings as required by 5 U.S.C. 551–558. Agricultural Research Station at Brawley, For necessary expenses of the National Ag- California, consisting of 80 acres of land, in- OFFICE OF THE ASSISTANT SECRETARY FOR ricultural Statistics Service in conducting cluding facilities and equipment, shall be CONGRESSIONAL RELATIONS statistical reporting and service work, in- conveyed to Imperial County, California: For necessary salaries and expenses of the cluding crop and livestock estimates, statis- Provided further, That all rights and title of Office of the Assistant Secretary for Con- tical coordination and improvements, and the United States in the Pecan Genetics and gressional Relations to carry out the pro- marketing surveys, as authorized by the Ag- Improvement Research Laboratory, con- grams funded in this Act, including pro- ricultural Marketing Act of 1946 (7 U.S.C. sisting of 84.2 acres of land, including facili- grams involving intergovernmental affairs 1621–1627) and other laws, $81,107,000: Pro- ties and equipment, shall be conveyed to and liaison within the executive branch, vided, That this appropriation shall be avail- Texas A&M University: Provided further, ø$3,797,000: Provided, That no other funds ap- able for employment pursuant to the second That the property originally conveyed by the propriated to the Department in this Act sentence of section 706(a) of the Organic Act State of Tennessee to the U.S. Department shall be available to the Department for sup- of 1944 (7 U.S.C. 2225), and not to exceed of Agriculture, Agricultural Research Serv- port of activities of congressional relations¿ $40,000 shall be available for employment ice, in Lewisburg, Tennessee be conveyed to $1,764,000. under 5 U.S.C. 3109. the University of Tennessee.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13682 CONGRESSIONAL RECORD — SENATE September 18, 1995 None of the funds in the foregoing para- grams of the Department of Agriculture, where Service, and the Grain Inspection, Packers graph shall be available to carry out re- not otherwise provided, $57,838,000, to remain and Stockyards Administration, $605,000. search related to the production, processing available until expended (7 U.S.C. 2209b). ANIMAL AND PLANT HEALTH INSPECTION or marketing of tobacco or tobacco products. EXTENSION ACTIVITIES SERVICE BUILDINGS AND FACILITIES Payments to States, the District of Colum- SALARIES AND EXPENSES For acquisition of land, construction, re- bia, Puerto Rico, Guam, the Virgin Islands, (INCLUDING TRANSFERS OF FUNDS) pair, improvement, extension, alteration, Micronesia, Northern Marianas, and Amer- For expenses, not otherwise provided for, and purchase of fixed equipment or facilities ican Samoa: For payments for cooperative including those pursuant to the Act of Feb- as necessary to carry out the agricultural re- extension work under the Smith-Lever Act, ruary 28, 1947, as amended (21 U.S.C. 114b–c), search programs of the Department of Agri- as amended, to be distributed under sections necessary to prevent, control, and eradicate culture, where not otherwise provided, 3(b) and 3(c) of said Act, and under section pests and plant and animal diseases; to carry $30,200,000, to remain available until ex- 208(c) of Public Law 93–471, for retirement out inspection, quarantine, and regulatory pended (7 U.S.C. 2209b): Provided, That funds and employees’ compensation costs for ex- activities; to discharge the authorities of the may be received from any State, other polit- tension agents and for costs of penalty mail Secretary of Agriculture under the Act of ical subdivision, organization, or individual for cooperative extension agents and State March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); for the purpose of establishing any research extension directors, ø$264,405,000¿ $272,582,000; and to protect the environment, as author- facility of the Agricultural Research Serv- payments for the nutrition and family edu- ized by law, ø$333,410,000¿ $329,125,000, of ice, as authorized by law. cation program for low-income areas under section 3(d) of the Act, ø$59,588,000¿ which $4,799,000 shall be available for the COOPERATIVE STATE RESEARCH, EDUCATION, $61,431,000; payments for the pest manage- control of outbreaks of insects, plant dis- AND EXTENSION SERVICE ment program under section 3(d) of the Act, eases, animal diseases and for control of pest RESEARCH AND EDUCATION ACTIVITIES $10,947,000; payments for the farm safety pro- animals and birds to the extent necessary to For payments to agricultural experiment gram under section 3(d) of the Act, meet emergency conditions: Provided, That stations, for cooperative forestry and other ø$2,898,000¿ $2,988,000; payments for the pes- in fiscal year 1996, amounts in the agricul- research, for facilities, and for other ex- ticide impact assessment program under sec- tural quarantine inspection user fee account penses, including ø$166,165,000¿ $171,304,000 to tion 3(d) of the Act, $3,363,000; payments to shall be available for authorized purposes carry into effect the provisions of the Hatch upgrade 1890 land-grant college research, ex- without further appropriation: Provided fur- Act (7 U.S.C. 361a–361i); ø$20,185,000¿ tension, and teaching facilities as authorized ther, That no funds shall be used to formu- $20,809,000 for grants for cooperative forestry by section 1447 of Public Law 95–113, as late or administer a brucellosis eradication research (16 U.S.C. 582a–582–a7); ø$27,313,000¿ amended (7 U.S.C. 3222b), ø$7,664,000¿ program for the current fiscal year that does $28,157,000 for payments to the 1890 land- $7,901,000, to remain available until ex- not require minimum matching by the grant colleges, including Tuskegee Univer- pended; payments for the rural development States of at least 40 percent: Provided further, sity (7 U.S.C. 3222); ø$31,930,000¿ $40,670,000 for centers under section 3(d) of the Act, That this appropriation shall be available for special grants for agricultural research (7 ø$921,000¿ $950,000; payments for a ground- field employment pursuant to the second U.S.C. 450i(c)); ø$11,599,000¿ $9,769,000 for spe- water quality program under section 3(d) of sentence of section 706(a) of the Organic Act cial grants for agricultural research on im- the Act, ø$10,897,000¿ $11,234,000; payments of 1944 (7 U.S.C. 2225), and not to exceed proved pest control (7 U.S.C. 450i(c)); for the agricultural telecommunications pro- $40,000 shall be available for employment ø$98,165,000¿ $99,582,000 for competitive re- gram, as authorized by Public Law 101–624 (7 under 5 U.S.C. 3109: Provided further, That search grants (7 U.S.C. 450i(b)); ø$5,051,000¿ U.S.C. 5926), ø$1,184,000¿ $1,221,000; payments this appropriation shall be available for the $5,551,000 for the support of animal health for youth-at-risk programs under section 3(d) operation and maintenance of aircraft and and disease programs (7 U.S.C. ø195¿ 3195); of the Act, ø$9,700,000¿ $10,000,000; payments the purchase of not to exceed four, of which ø$1,150,000¿ $500,000 for supplemental and al- for a Nutrition Education Initiative under 3(d) two shall be for replacement only: Provided ternative crops and products (7 U.S.C. 3319d); of the Act, $4,265,000; payments for a food further, That, in addition, in emergencies $500,000 for grants for research pursuant to the safety program under section 3(d) of the Act, which threaten any segment of the agricul- Critical Agricultural Materials Act of 1984 (7 ø$2,400,000¿ $2,475,000; payments for carrying tural production industry of this country, U.S.C. 178) and section 1472 of the Food and Ag- out the provisions of the Renewable Re- the Secretary may transfer from other ap- riculture Act of 1977, as amended (7 U.S.C. sources Extension Act of 1978, ø$3,241,000¿ propriations or funds available to the agen- 3318), to remain available until expended; $3,341,000; payments for Indian reservation cies or corporations of the Department such $475,000 for rangeland research grants (7 agents under section 3(d) of the Act, sums as he may deem necessary, to be avail- U.S.C. 3331–3336); $3,500,000 for higher edu- ø$1,697,000¿ $1,750,000; payments for sustain- able only in such emergencies for the arrest cation graduate fellowships grants (7 U.S.C. able agriculture programs under section 3(d) and eradication of contagious or infectious 3152(b)(6)), to remain available until ex- of the Act, $3,463,000; payments for rural diseases or pests of animals, poultry, or pended (7 U.S.C. 2209b); $4,350,000 for higher health and safety education as authorized by plants, and for expenses in accordance with education challenge grants (7 U.S.C. section 2390 of Public Law 101–624 (7 U.S.C. 2661 the Act of February 28, 1947, as amended, and 3152(b)(1)); $1,000,000 for a higher education note, 2662), $2,750,000; payments for coopera- section 102 of the Act of September 21, 1944, minority scholars program (7 U.S.C. tive extension work by the colleges receiving as amended, and any unexpended balances of 3152(b)(5)), to remain available until ex- the benefits of the second Morrill Act (7 funds transferred for such emergency pur- pended (7 U.S.C. 2209b); $4,000,000 for aqua- U.S.C. 321–326, 328) and Tuskegee University, poses in the next preceding fiscal year shall culture grants (7 U.S.C. 3322); ø$8,000,000¿ ø$24,708,000¿ $25,472,000; and for Federal ad- be merged with such transferred amounts: $8,112,000 for sustainable agriculture research ministration and coordination including ad- Provided further, That appropriations here- and education (7 U.S.C. 5811); $9,207,000 for a ministration of the Smith-Lever Act, as under shall be available pursuant to law (7 program of capacity building grants to colleges amended, and the Act of September 29, 1977 U.S.C. 2250) for the repair and alteration of eligible to receive funds under the Act of August (7 U.S.C. 341–349), as amended, and section leased buildings and improvements, but un- 30, 1890 (7 U.S.C. 321–326 and 328), including 1361(c) of the Act of October 3, 1980 (7 U.S.C. less otherwise provided the cost of altering Tuskegee University, to remain available until ø301n¿ 301 note), and to coordinate and pro- any one building during the fiscal year shall expended (7 U.S.C. 2209b); and ø$6,289,000¿ vide program leadership for the extension not exceed 10 percent of the current replace- $10,686,000 for necessary expenses of Research work of the Department and the several ment value of the building. and Education Activities, of which not to ex- States and insular possessions, ø$6,181,000¿ In fiscal year 1996 the agency is authorized ceed $100,000 shall be for employment under 5 $10,998,000; in all, ø$413,257,000¿ $437,131,000: to collect fees to cover the total costs of pro- U.S.C. 3109; in all, ø$389,172,000¿ $418,172,000. Provided, That funds hereby appropriated viding technical assistance, goods, or serv- None of the funds in the foregoing para- pursuant to section 3(c) of the Act of June 26, ices requested by States, other political sub- graph shall be available to carry out re- 1953, and section 506 of the Act of June 23, divisions, domestic and international organi- search related to the production, processing 1972, as amended, shall not be paid to any zations, foreign governments, or individuals, or marketing of tobacco or tobacco products. State, the District of Columbia, Puerto Rico, provided that such fees are structured such NATIVE AMERICAN INSTITUTIONS ENDOWMENT Guam, or the Virgin Islands, Micronesia, that any entity’s liability for such fees is FUND Northern Marianas, and American Samoa reasonably based on the technical assistance, For establishment of a Native American prior to availability of an equal sum from goods, or services provided to the entity by institutions endowment fund, as authorized non-Federal sources for expenditure during the agency, and such fees shall be credited to by Public Law 130–382 (7 U.S.C. 301 note.), the current fiscal year. this account, to remain available until ex- $4,600,000. OFFICE OF THE ASSISTANT SECRETARY FOR pended, without further appropriation, for providing such assistance, goods, or services. BUILDINGS AND FACILITIES MARKETING AND REGULATORY PROGRAMS For acquisition of land, construction, repair, For necessary salaries and expenses of the BUILDINGS AND FACILITIES improvement, extension, alteration, and pur- Office of the Assistant Secretary for Mar- For plans, construction, repair, preventive chase of fixed equipment or facilities and for keting and Regulatory Programs to admin- maintenance, environmental support, im- grants to States and other eligible recipients for ister programs under the laws enacted by the provement, extension, alteration, moderniza- such purposes, as necessary to carry out the ag- Congress for the Animal and Plant Health tion, and purchase of fixed equipment or fa- ricultural research, extension, and teaching pro- Inspection Service, Agricultural Marketing cilities, as authorized by 7 U.S.C. 2250, and

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13683

acquisition of land as authorized by 7 U.S.C. shall be available pursuant to law (7 U.S.C. STATE MEDIATION GRANTS 428a, ø$12,541,000¿ $4,973,000, to remain avail- 2250) for the alteration and repair of build- For grants pursuant to section 502(b) of the able until expended. ings and improvements, but the cost of alter- Agricultural Credit Act of 1987, as amended AGRICULTURAL MARKETING SERVICE ing any one building during the fiscal year (7 U.S.C. 5101–5106), ø$2,000,000¿ $3,000,000. shall not exceed 10 percent of the current re- MARKETING SERVICES DAIRY INDEMNITY PROGRAM placement value of the building. For necessary expenses to carry on serv- (INCLUDING TRANSFERS OF FUNDS) INSPECTION AND WEIGHING SERVICES ices related to consumer protection, agricul- For necessary expenses involved in making tural marketing and distribution, transpor- LIMITATION ON INSPECTION AND WEIGHING indemnity payments to dairy farmers for tation, and regulatory programs, as author- SERVICES EXPENSES milk or cows producing such milk and manu- ized by law, and for administration and co- Not to exceed $42,784,000 (from fees col- facturers of dairy products who have been di- ordination of payments to States; including lected) shall be obligated during the current rected to remove their milk or dairy prod- field employment pursuant to section 706(a) fiscal year for inspection and weighing serv- ucts from commercial markets because it of the Organic Act of 1944 (7 U.S.C. 2225), and ices: Provided, That if grain export activities contained residues of chemicals registered not to exceed $90,000 for employment under 5 require additional supervision and oversight, and approved for use by the Federal Govern- U.S.C. 3109, ø$46,662,000¿ $46,517,000, including or other uncontrollable factors occur, this ment, and in making indemnity payments funds for the wholesale market development limitation may be exceeded by up to 10 per- for milk, or cows producing such milk, at a program for the design and development of cent with notification to the Appropriations fair market value to any dairy farmer who is wholesale and farmer market facilities for Committees. directed to remove his milk from commer- the major metropolitan areas of the country: OFFICE OF THE UNDER SECRETARY FOR FOOD cial markets because of (1) the presence of Provided, That this appropriation shall be SAFETY products of nuclear radiation or fallout if such contamination is not due to the fault of available pursuant to law (7 U.S.C. 2250) for For necessary salaries and expenses of the the farmer, or (2) residues of chemicals or the alteration and repair of buildings and Office of the Under Secretary for Food Safe- toxic substances not included under the first improvements, but the cost of altering any ty to administer the laws enacted by the one building during the fiscal year shall not sentence of the Act of August 13, 1968, as Congress for the Food Safety and Inspection amended (7 U.S.C. 450j), if such chemicals or exceed 10 percent of the current replacement Service, ø$450,000¿ $440,000. value of the building. toxic substances were not used in a manner FOOD SAFETY AND INSPECTION SERVICE Fees may be collected for the cost of stand- contrary to applicable regulations or label- For necessary expenses to carry on serv- ardization activities, as established by regu- ing instructions provided at the time of use ices authorized by the Federal Meat Inspec- and the contamination is not due to the lation pursuant to law (31 U.S.C. 9701). tion Act, as amended, the Poultry Products fault of the farmer, $100,000, to remain avail- LIMITATION ON ADMINISTRATIVE EXPENSES Inspection Act, as amended, and the Egg able until expended (7 U.S.C. 2209b): Provided, Not to exceed $58,461,000 (from fees col- Products Inspection Act, as amended, That none of the funds contained in this Act lected) shall be obligated during the current ø$540,365,000¿ $568,685,000, and in addition, shall be used to make indemnity payments fiscal year for administrative expenses: Pro- $1,000,000 may be credited to this account to any farmer whose milk was removed from vided, That if crop size is understated and/or from fees collected for the cost of laboratory commercial markets as a result of his willful other uncontrollable events occur, the agen- accreditation as authorized by section 1017 of failure to follow procedures prescribed by cy may exceed this limitation by up to 10 Public Law 102–237: Provided, That this ap- the Federal Government: Provided further, percent with notification to the Appropria- propriation shall not be available for shell That this amount shall be transferred to the tions Committees. egg surveillance under section 5(d) of the Egg Commodity Credit Corporation: Provided fur- FUNDS FOR STRENGTHENING MARKETS, INCOME, Products Inspection Act (21 U.S.C. 1034(d)): ther, That the Secretary is authorized to uti- AND SUPPLY (SECTION 32) Provided further, That this appropriation lize the services, facilities, and authorities of shall be available for field employment pur- the Commodity Credit Corporation for the (INCLUDING TRANSFERS OF FUNDS) suant to section 706(a) of the Organic Act of purpose of making dairy indemnity disburse- Funds available under section 32 of the Act 1944 (7 U.S.C. 2225), and not to exceed $75,000 ments. of August 24, 1935 (7 U.S.C. 612c) shall be used shall be available for employment under 5 OUTREACH FOR SOCIALLY DISADVANTAGED only for commodity program expenses as au- U.S.C. 3109: Provided further, That this appro- FARMERS thorized therein, and other related operating priation shall be available pursuant to law (7 For grants and contracts pursuant to section expenses, except for: (1) transfers to the De- U.S.C. 2250) for the alteration and repair of 2501 of the Food, Agriculture, Conservation, and partment of Commerce as authorized by the buildings and improvements, but the cost of Trade Act of 1990 (7 U.S.C. 2279), $2,000,000, to Fish and Wildlife Act of August 8, 1956; (2) altering any one building during the fiscal remain available until expended. transfers otherwise provided in this Act; and year shall not exceed 10 percent of the cur- AGRICULTURAL CREDIT INSURANCE FUND (3) not more than $10,451,000 for formulation rent replacement value of the building. PROGRAM ACCOUNT and administration of marketing agreements OFFICE OF THE UNDER SECRETARY FOR FARM (INCLUDING TRANSFERS OF FUNDS) and orders pursuant to the Agricultural Mar- AND FOREIGN AGRICULTURAL SERVICES keting Agreement Act of 1937, as amended, For gross obligations for the principal and the Agricultural Act of 1961. For necessary salaries and expenses of the amount of direct and guaranteed loans as au- In fiscal year 1996, no more than $23,900,000 Office of the Under Secretary for Farm and thorized by 7 U.S.C. 1928–1929, to be available in section 32 funds shall be used to promote Foreign Agricultural Services to administer from funds in the Agricultural Credit Insur- ance Fund, as follows: farm ownership loans, sunflower and cottonseed oil exports as au- the laws enacted by Congress for the Consoli- ø$585,000,000¿ $610,000,000, of which $550,000,000 thorized by section 1541 of Public Law 101–624 dated Farm Service Agency, Foreign Agri- shall be for guaranteed loans; operating (7 U.S.C. 1464 note), and such funds shall be cultural Service, and the Commodity Credit loans, ø$2,300,000,000¿ $2,450,000,000, of which used to facilitate additional sales of such Corporation, $549,000. $1,700,000,000 shall be for unsubsidized guar- oils in world markets. CONSOLIDATED FARM SERVICE AGENCY anteed loans and $200,000,000 shall be for sub- PAYMENTS TO STATES AND POSSESSIONS SALARIES AND EXPENSES sidized guaranteed loans; Indian tribe land For payments to departments of agri- For necessary expenses for carrying out acquisition loans as authorized by 25 U.S.C. culture, bureaus and departments of mar- the administration and implementation of 488, $750,000; for emergency insured loans, kets, and similar agencies for marketing ac- programs ødelegated to the Consolidated $100,000,000 to meet the needs resulting from tivities under section 204(b) of the Agricul- Farm Service Agency by the Secretary under natural disasters; and for credit sales of ac- tural Marketing Act of ø1956¿ 1946 (7 U.S.C. the Federal Crop Insurance Reform and De- quired property, ø$22,500,000¿ $21,696,000. 1623(b)), ø$1,000,000¿ $1,200,000. partment of Agriculture Reorganization Act For the cost of direct and guaranteed of 1994¿ administered by the Consolidated Farm loans, including the cost of modifying loans GRAIN INSPECTION, PACKERS AND STOCKYARDS Service Agency, ø$788,388,000¿ $805,888,000: Pro- as defined in section 502 of the Congressional ADMINISTRATION vided, That the Secretary is authorized to Budget Act of 1974, as follows: farm owner- SALARIES AND EXPENSES use the services, facilities, and authorities ship loans, ø$28,206,000¿ $34,053,000, of which For necessary expenses to carry out the (but not the funds) of the Commodity Credit $20,019,000 shall be for guaranteed loans; op- provisions of the United States Grain Stand- Corporation to make program payments for erating loans, ø$91,000,000¿ $111,505,000, of ards Act, as amended, for the administration all programs administered by the Agency: which $18,360,000 shall be for unsubsidized of the Packers and Stockyards Act, for certi- Provided further, That other funds made guaranteed loans and $17,960,000 shall be for fying procedures used to protect purchasers available to the Agency for authorized ac- subsidized guaranteed loans; Indian tribe of farm products, and the standardization ac- tivities may be advanced to and merged with land acquisition loans as authorized by 25 tivities related to grain under the Agricul- this account: Provided further, That these U.S.C. 488, $206,000; for emergency insured tural Marketing Act of 1946, as amended, in- funds shall be available for employment pur- loans, $32,080,000 to meet the needs resulting cluding field employment pursuant to sec- suant to the second sentence of section 706(a) from natural disasters; and for credit sales of tion 706(a) of the Organic Act of 1944 (7 U.S.C. of the Organic Act of 1944 (7 U.S.C. 2225), and acquired property, ø$4,113,000¿ $3,966,000. 2225), and not to exceed $25,000 for employ- not to exceed ø$500,000¿ $1,000,000 shall be In addition, for administrative expenses ment under 5 U.S.C. 3109, ø$23,058,000¿ available for employment under 5 U.S.C. necessary to carry out the direct and guar- $23,289,000: Provided, That this appropriation 3109. anteed loan programs, ø$221,541,000¿

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13684 CONGRESSIONAL RECORD — SENATE September 18, 1995 $227,258,000, which shall be transferred to and exceed $100 pursuant to the Act of August 3, able for employment pursuant to the second merged with the following accounts in the 1956 (7 U.S.C. 428a); purchase and erection or sentence of section 706(a) of the Organic Act following amounts: ø$208,446,000¿ $214,163,000 alteration or improvement of permanent and of 1944 (7 U.S.C. 2225), and not to exceed to ‘‘Salaries and Expenses’’; $318,000 to temporary buildings; and operation and $200,000 shall be available for employment ‘‘Rural Utilities Service, Salaries and Ex- maintenance of aircraft, ø$629,986,000¿ under 5 U.S.C. 3109: Provided further, That not penses’’; and $171,000 to ‘‘Rural Housing and $637,860,000, to remain available until expended to exceed $1,000,000 of this appropriation is Community Development Service, Salaries (7 U.S.C. 2209b), of which not less than available to carry out the purposes of the and Expenses’’. $5,852,000 is for snow survey and water fore- Endangered Species Act of 1973 (Public Law CORPORATIONS casting and not less than $8,875,000 is for op- 93–205), as amended, including cooperative ef- eration and establishment of the plant mate- forts as contemplated by that Act to relo- The following corporations and agencies rials centers: Provided, That appropriations cate endangered or threatened species to are hereby authorized to make expenditures, hereunder shall be available pursuant to 7 other suitable habitats as may be necessary within the limits of funds and borrowing au- U.S.C. 2250 for construction and improve- to expedite project construction. thority available to each such corporation or ment of buildings and public improvements RESOURCE CONSERVATION AND DEVELOPMENT agency and in accord with law, and to make at plant materials centers, except that the For necessary expenses in planning and car- contracts and commitments without regard cost of alterations and improvements to rying out projects for resource conservation and to fiscal year limitations as provided by sec- other buildings and other public improve- development and for sound land use pursuant to tion 104 of the Government Corporation Con- ments shall not exceed $250,000: Provided fur- the provisions of section 32(e) of title III of the trol Act, as amended, as may be necessary in ther, That when buildings or other structures Bankhead-Jones Farm Tenant Act, as amended carrying out the programs set forth in the are erected on non-Federal land, that the (7 U.S.C. 1010–1011; 76 Stat. 607), and the provi- budget for the current fiscal year for such right to use such land is obtained as provided sions of the Act of April 27, 1935 (16 U.S.C. 590a– corporation or agency, except as hereinafter in 7 U.S.C. 2250a: Provided further, That this f), and the provisions of the Agriculture and provided. appropriation shall be available for technical Food Act of 1981 (16 U.S.C. 3451–3461), FEDERAL CROP INSURANCE CORPORATION FUND assistance and related expenses to carry out $27,000,000, to remain available until expended For payments as authorized by section 516 programs authorized by section 202(c) of title (7 U.S.C. 2209): Provided, That this appropria- of the Federal Crop Insurance Act, as amend- II of the Colorado River Basin Salinity Con- tion shall be available for employment pursuant ed, such sums as may be necessary, to re- trol Act of 1974, as amended (43 U.S.C. to the second sentence of section 706(a) of the main available until expended (7 U.S.C. 1592(c)): Provided further, That no part of this Organic Act of 1944 (7 U.S.C. 2225), and not to 2209b). appropriation may be expended for soil and exceed $50,000 shall be available for employment water conservation operations under the Act under 5 U.S.C. 3109. COMMODITY CREDIT CORPORATION FUND of April 27, 1935 (16 U.S.C. 590a–590f) in dem- FORESTRY INCENTIVES PROGRAM REIMBURSEMENT FOR NET REALIZED LOSSES onstration projects: Provided further, That For necessary expenses, not otherwise pro- For fiscal year 1996, such sums as may be this appropriation shall be available for em- vided for, to carry out the program of forestry necessary to reimburse the Commodity Cred- ployment pursuant to the second sentence of incentives, as authorized in the Cooperative it Corporation for net realized losses sus- section 706(a) of the Organic Act of 1944 (7 Forestry Assistance Act of 1978 (16 U.S.C. 2101), tained, but not previously reimbursed (esti- U.S.C. 2225) and not to exceed $25,000 shall be including technical assistance and related ex- mated to be $10,400,000,000 in the President’s available for employment under 5 U.S.C. penses $6,325,000, to remain available until ex- fiscal year 1996 Budget Request (H. Doc. 104– 3109: Provided further, That qualified local en- pended, as authorized by that Act. 4)), but not to exceed $10,400,000,000, pursuant gineers may be temporarily employed at per COLORADO RIVER BASIN SALINITY CONTROL to section 2 of the Act of August 17, 1961, as diem rates to perform the technical planning PROGRAM amended (15 U.S.C. 713a–11). work of the Service (16 U.S.C. 590e–2). For necessary expenses for carrying out a vol- OPERATIONS AND MAINTENANCE FOR RIVER BASIN SURVEYS AND INVESTIGATIONS untary cooperative salinity control program HAZARDOUS WASTE MANAGEMENT For necessary expenses to conduct research, pursuant to section 202(c) of title II of the Colo- For fiscal year 1996, the Commodity Credit investigation, and surveys of watersheds of riv- rado River Basin Salinity Control Act, as Corporation shall not expend more than ers and other waterways, in accordance with amended (43 U.S.C. 1592(c)), to be used to reduce $5,000,000 for expenses to comply with the re- section 6 of the Watershed Protection and Flood salinity in the Colorado River and to enhance quirement of section 107(g) of the Com- Prevention Act approved August 4, 1954, as the supply and quality of water available for prehensive Environmental Response, Com- amended (16 U.S.C. 1006–1009), $8,369,000: Pro- use in the United States and the Republic of pensation, and Liability Act, as amended, 42 vided, That this appropriation shall be available Mexico, $1,000,000, to remain available until ex- U.S.C. 9607(g), and section 6001 of the Re- for employment pursuant to the second sentence pended (7 U.S.C. 2209b), to be used for the estab- source Conservation and Recovery Act, as of section 706(a) of the Organic Act of 1944 (7 lishment of on-farm irrigation management sys- amended, 42 U.S.C. 6961: Provided, That ex- U.S.C. 2225), and not to exceed $60,000 shall be tems, including lateral improvement measures, penses shall be for operations and mainte- available for employment under 5 U.S.C. 3109. for making cost-share payments to agricultural nance costs only and that other hazardous WATERSHED PLANNING landowners and operators, Indian tribes, irriga- waste management costs shall be paid for by For necessary expenses for small watershed tion districts and associations, local govern- the USDA Hazardous Waste Management ap- investigations and planning, in accordance with mental and nongovernmental entities, and other propriation in this Act. the Watershed Protection and Flood Prevention landowners to aid them in carrying out ap- Act, as amended (16 U.S.C. 1001–1008), proved conservation practices as determined and TITLE II $5,630,000: Provided, That this appropriation recommended by the Secretary, and for associ- CONSERVATION PROGRAMS shall be available for employment pursuant to ated costs of program planning, information and OFFICE OF THE UNDER SECRETARY FOR the second sentence of section 706(a) of the Or- education, and program monitoring and evalua- NATURAL RESOURCES AND ENVIRONMENT ganic Act of 1944 (7 U.S.C. 2225), and not to ex- tion. ceed $50,000 shall be available for employment øWATERSHED SURVEYS AND PLANNING For necessary salaries and expenses of the under 5 U.S.C. 3109. Office of the Under Secretary for Natural Re- øFor necessary expenses to conduct re- sources and Environment to administer the WATERSHED AND FLOOD PREVENTION search, investigation, and surveys of water- laws enacted by the Congress for the Forest OPERATIONS sheds of rivers and other waterways, and for Service and the Natural Resources Conserva- For necessary expenses to carry out pre- small watershed investigations and planning, tion Service, $677,000. ventive measures, including but not limited in accordance with the Watershed Protection to research, engineering operations, methods and Flood Prevention Act approved August NATURAL RESOURCES CONSERVATION SERVICE of cultivation, the growing of vegetation, re- 4, 1954, as amended (16 U.S.C. 1001–1009), CONSERVATION OPERATIONS habilitation of existing works and changes in $14,000,000: Provided, That this appropriation For necessary expenses for carrying out use of land, øand only high-priority projects shall be available for employment pursuant the provisions of the Act of April 27, 1935 (16 authorized by the Flood Control Act (33 to the second sentence of section 706(a) of U.S.C. 590a–590f) including preparation of U.S.C. 701, 16 U.S.C. 1006a),¿ in accordance the Organic Act of 1944 (7 U.S.C. 2225), and conservation plans and establishment of with the Watershed Protection and Flood not to exceed $110,000 shall be available for measures to conserve soil and water (includ- Prevention Act approved August 4, 1954, as employment under 5 U.S.C. 3109. ing farm irrigation and land drainage and amended (16 U.S.C. 1001–1005, 1007–1009), the øCONSERVATION PROGRAMS such special measures for soil and water provisions of the Act of April 27, 1935 (16 øFor necessary expenses, not otherwise management as may be necessary to prevent U.S.C. 590a–f), and in accordance with the provided for, in planning and carrying out floods and the siltation of reservoirs and to provisions of laws relating to the activities projects for resource conservation and devel- control agricultural related pollutants); op- of the Department, $100,000,000, to remain opment and for sound land use pursuant to eration of conservation plant materials cen- available until expended (7 U.S.C. 2209b) (of the provisions of section 32(e) of title III of ters; classification and mapping of soil; dis- which $15,000,000 shall be available for the wa- the Bankhead-Jones Farm Tenant Act, as semination of information; acquisition of tersheds authorized under the Flood Control Act amended (7 U.S.C. 1011; 76 Stat. 607), and the lands, water, and interests therein for use in approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. provisions of the Act of April 27, 1935 (16 the plant materials program by donation, ex- 1006a), as amended and supplemented): Pro- U.S.C. 590a–f), and the provisions of the Agri- change, or purchase at a nominal cost not to vided, That this appropriation shall be avail- culture and Food Act of 1981 (16 U.S.C. 3451–

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13685 3461), to carry out the program of forestry in- for the purchase of seeds, fertilizers, lime, propriated, $20,044,000 shall be for empowerment centives, as authorized in the Cooperative trees, or any other conservation materials, zones and enterprise communities, as authorized Forestry Assistance Act of 1978 (16 U.S.C. or any soil-terracing services, and making by Public Law 103–66: Provided further, That if 2101), including technical assistance and re- grants thereof to agricultural producers to such funds are not obligated for empowerment lated expenses, and for carrying out a vol- aid them in carrying out approved farming zones and enterprise communities by June 30, untary cooperative salinity control program practices as authorized by the Soil Conserva- 1996, they shall remain available for other au- pursuant to section 202(c) of title II of the tion and Domestic Allotment Act, as amend- thorized purposes under this head: Provided Colorado River Basin Salinity Control Act, ed, as determined and recommended by the further, That of the total amount appropriated, as amended (43 U.S.C. 1592(c)), to be used to county committees, approved by the State not to exceed $4,500,000 shall be available for reduce salinity in the Colorado River and to committees and the Secretary, under pro- contracting with the National Rural Water As- enhance the supply and quality of water grams provided for herein: Provided further, sociation or an equally qualified national orga- available for use in the United States and That such assistance will not be used for car- nization for a circuit rider program to provide the Republic of Mexico, to be used for the es- rying out measures and practices that are technical assistance for rural water systems: tablishment of on-farm irrigation manage- primarily production-oriented or that have Provided further, That of the total amount ap- ment systems, including related lateral im- little or no conservation or pollution abate- propriated, not to exceed $20,000,000 shall be provement measures, for making cost-share ment benefits: Provided further, That not to available for water and waste disposal systems payments to agricultural landowners and op- exceed 5 percent of the allocation for the to benefit the Colonias along the United States/ erators, Indian tribes, irrigation districts current year’s program for any county may, Mexico border, including grants under section and associations, local governmental and on the recommendation of such county com- 306(c). nongovernmental entities, and other land- mittee and approval of the State committee, In addition, for administrative expenses nec- owners to aid them in carrying out approved be withheld and allotted to the Natural Re- essary to carry out direct loans, loan guaran- conservation practices as determined and sources Conservation Service for services of tees, and grants, $58,051,000, of which recommended by the Secretary, and for asso- its technicians in formulating and carrying $57,614,000 shall be transferred to and merged ciated costs of program planning, informa- out the agricultural conservation program in with ‘‘Rural Housing and Community Develop- tion and education, and program monitoring the participating counties, and shall not be ment Service, Salaries and Expenses’’; ‘‘Rural and evaluation, $36,000,000, to remain avail- utilized by the Natural Resources Conserva- Utilities Service, Salaries and Expenses’’; and able until expended (7 U.S.C. 2209, 16 U.S.C. tion Service for any purpose other than tech- ‘‘Rural Business and Cooperative Development 590p(b)(7)): Provided, That this appropriation nical and other assistance in such counties, Service, Salaries and Expenses’’. shall be available for employment pursuant and in addition, on the recommendation of RURAL HOUSING AND COMMUNITY to the second sentence of section 706(a) of such county committee and approval of the DEVELOPMENT SERVICE the Organic Act of 1944 (7 U.S.C. 2225), and State committee, not to exceed 1 percent SALARIES AND EXPENSES not to exceed $50,000 shall be available for may be made available to any other Federal, employment under 5 U.S.C. 3109.¿ State, or local public agency for the same For necessary expenses of the Rural Hous- ing and Community Development Service, WETLANDS RESERVE PROGRAM purpose and under the same conditions: Pro- ø ¿ including administering the programs au- (INCLUDING TRANSFERS OF FUNDS) vided further, That not to exceed $11,000,000 $15,000,000 of the amount appropriated shall thorized by the Consolidated Farm and Rural For necessary expenses to carry out the be used for water quality payments and prac- Development Act, as amended, title V of the wetlands reserve program pursuant to sub- tices in the same manner as permitted under Housing Act of 1949, as amended, and cooper- chapter C of subtitle D of title XII of the ø ¿ the program for water quality authorized in ative agreements, $42,820,000 $50,346,000: Food Security Act of 1985 (16 U.S.C. 3837), chapter 2 of subtitle D of title XII of the Provided, That this appropriation shall be ø$210,000,000¿ $77,000,000, to remain available Food Security Act of 1985, as amended (16 available for employment pursuant to the until expended: Provided, That the Secretary U.S.C. 3838 et seq.). second sentence of 706(a) of the Organic Act is authorized to use the services, facilities, of 1944, and not to exceed $500,000 may be CONSERVATION RESERVE PROGRAM and authorities of the Commodity Credit used for employment under 5 U.S.C. 3109. (INCLUDING TRANSFERS OF FUNDS) Corporation for the purpose of carrying out RURAL HOUSING INSURANCE FUND PROGRAM the wetlands reserve program. For necessary expenses to carry out the ACCOUNT CONSOLIDATED FARM SERVICE AGENCY conservation reserve program pursuant to the Food Security Act of 1985 (16 U.S.C. 3831– (INCLUDING TRANSFERS OF FUNDS) AGRICULTURAL CONSERVATION PROGRAM 3845), $1,781,785,000, to remain available until For gross obligations for the principal (INCLUDING TRANSFERS OF FUNDS) expended, to be used for Commodity Credit amount of direct and guaranteed loans as au- For necessary expenses to carry into effect Corporation expenditures for cost-share as- thorized by title V of the Housing Act of the program authorized in sections 7 to 15, sistance for the establishment of conserva- 1949, as amended, to be available from funds 16(a), 16(f), and 17 of the Soil Conservation tion practices provided for in approved con- in the rural housing insurance fund, as fol- and Domestic Allotment Act approved Feb- servation reserve program contracts, for an- lows: ø$2,250,000,000¿ $2,700,000,000 for loans to ruary 29, 1936, as amended and supplemented nual rental payments provided in such con- section 502 borrowers, as determined by the (16 U.S.C. 590g–590o, 590p(a), 590p(f), and 590q), tracts, and for technical assistance. Secretary, of which $1,700,000,000 shall be for and sections 1001–1004, 1006–1008, and 1010 of TITLE III unsubsidized guaranteed loans; $35,000,000 for the Agricultural Act of 1970, as added by the section 504 housing repair loans; $15,000,000 RURAL ECONOMIC AND COMMUNITY Agriculture and Consumer Protection Act of for section 514 farm labor housing; DEVELOPMENT PROGRAMS 1973 (16 U.S.C. 1501–1504, 1506–1508, and 1510), $150,000,000 for section 515 rental housing; and including not to exceed $15,000 for the OFFICE OF THE UNDER SECRETARY FOR RURAL $600,000 for site loans; and ø$35,000,000¿ preparation and display of exhibits, includ- ECONOMIC AND COMMUNITY DEVELOPMENT $42,484,000 for credit sales of acquired ing such displays at State, interstate, and For necessary salaries and expenses of the propertyø: Provided, That notwithstanding international fairs within the United States, Office of the Under Secretary for Rural Eco- section 520 of the Housing Act of 1949, the ø$75,000,000¿ $50,000,000, to remain available nomic and Community Development to ad- Secretary of Agriculture may make loans until expended (16 U.S.C. 590o), for agree- minister programs under the laws enacted by under section 502 of such Act for properties ments, excluding administration but includ- the Congress for the Rural Housing and Com- in the Pine View West Subdivision, located ing technical assistance and related expenses munity Development Service, Rural Business in Gibsonville, North Carolina, in the same (16 U.S.C. 590o), except that no participant in and Cooperative Development Service, and manner as provided under such section for the agricultural conservation program shall the Rural Utilities Service of the Depart- properties in rural areas¿. receive more than $3,500 per year, except ment of Agriculture, $568,000. For the cost of direct and guaranteed where the participants from two or more RURAL COMMUNITY ADVANCEMENT PROGRAM loans, including the cost of modifying loans, farms or ranches join to carry out approved For the cost of direct loans, loan guarantees as defined in section 502 of the Congressional practices designed to conserve or improve and grants, as authorized by 7 U.S.C. 1926, 1928, Budget Act of 1974, as follows: section 502 the agricultural resources of the community, and 1932, and 86 Stat. 661–664, as amended; and loans, ø$118,335,000¿ $212,790,000, of which or where a participant has a long-term 42 U.S.C. 1485 and 1490(a), $528,839,000, to re- $2,890,000 shall be for unsubsidized guaran- agreement, in which case the total payment main available until expended, to be available teed loans; section 504 housing repair loans, shall not exceed the annual payment limita- for loans and grants for rural water and waste $14,193,000; section 514 farm labor housing, tion multiplied by the number of years of the disposal and solid waste management grants, $8,629,000; section 515 rental housing, agreement: Provided, That no portion of the new construction of section 515 rental housing, $82,035,000ø, provided the program is author- funds for the current year’s program may be direct loans and loan guarantees for community ized for fiscal year 1996¿; and credit sales of utilized to provide financial or technical as- facilities, loan guarantees for business and in- acquired property, ø$6,100,000¿ $7,405,000. sistance for drainage on wetlands now des- dustry assistance, and grants for rural business øIn addition, for the cost (as defined in sec- ignated as Wetlands Types 3 (III) through 20 enterprise: Provided, That the costs of direct tion 502 of the Congressional Budget Act of (XX) in United States Department of the In- loans and loan guarantees, including the cost of 1974) of guaranteed loans under a demonstra- terior, Fish and Wildlife Circular 39, Wet- modifying such loans, shall be as defined in sec- tion program of loan guarantees for multi- lands of the United States, 1956: Provided fur- tion 502 of the Congressional Budget Act of 1974: family rental housing in rural areas, ther, That such amounts shall be available Provided further, That of the total amount ap- $1,000,000, to be derived from the amount

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13686 CONGRESSIONAL RECORD — SENATE September 18, 1995 made available under this heading for the section 504 of the Housing Act of 1949, as they remain available for other authorized cost of low-income section 515 loans and to amended, $24,900,000, to remain available activities under this head. become available for obligation only upon until expended. øIn addition, for administrative expenses ¿ the enactment of authorizing legislation. RURAL HOUSING FOR DOMESTIC FARM LABOR to carry out the direct and guaranteed loan In addition, for administrative expenses programs, $14,868,000, of which $14,747,000 necessary to carry out the direct and guar- For financial assistance to eligible non- shall be transferred to and merged with the anteed loan programs, ø$385,889,000¿ profit organizations for housing for domestic appropriation for ‘‘Salaries and Expenses’’.¿ farm labor, pursuant to section 516 of the $389,818,000, of which ø$372,897,506¿ $376,860,000 RURAL DEVELOPMENT LOAN FUND PROGRAM Housing Act of 1949, as amended (42 U.S.C. shall be transferred to and merged with the ACCOUNT appropriation for ‘‘Rural Housing and Com- 1486), $10,000,000, to remain available until expended. øFor the cost of direct loans as authorized munity Development Service, Salaries and by the rural development loan fund (42 MUTUAL AND SELF-HELP HOUSING GRANTS Expenses’’. U.S.C. 9812(a)) for empowerment zones and RENTAL ASSISTANCE PROGRAM For grants and contracts pursuant to sec- enterprise communities, as authorized by For rental assistance agreements entered tion 523(b)(1)(A) of the Housing Act of 1949 (42 title XIII of the Omnibus Budget Reconcili- into or renewed pursuant to the authority U.S.C. 1490c), $12,650,000, to remain available ation Act of 1993, $4,322,000, to subsidize gross under section 521(a)(2) or agreements entered until expended (7 U.S.C. 2209b). obligations for the principal amount of di- into in lieu of forgiveness or payments for el- SUPERVISORY AND TECHNICAL ASSISTANCE GRANTS rect loans, $7,246,000.¿ igible households as authorized by section For grants pursuant to sections 509(f) and 525 For the cost of direct loans, $17,895,000, as au- 502(c)(5)(D) of the Housing Act of 1949, as of the Housing Act of 1949, $1,000,000. thorized by the Rural Development Loan Fund ø ¿ (42 U.S.C. 9812(a)): Provided, That such costs, amended, $535,900,000 $540,900,000; and in ad- RURAL COMMUNITY FIRE PROTECTION GRANTS dition such sums as may be necessary, as au- including the cost of modifying such loans, shall For grants pursuant to section 7 of the Co- thorized by section 521(c) of the Act, to liq- be as defined in section 502 of the Congressional operative Forestry Assistance Act of 1978 uidate debt incurred prior to fiscal year 1992 Budget Act of 1974: Provided further, That these (Public Law 95–313), ø$1,000,000¿ $3,000,000 to to carry out the rental assistance program funds are available to subsidize gross obligations fund up to 50 percent of the cost of orga- under section 521(a)(2) of the Act: Provided, for the principal amount of direct loans of nizing, training, and equipping rural volun- That of this amount not more than $5,900,000 $30,000,000: Provided further, That through teer fire departments. shall be available for debt forgiveness or June 30, 1996, of these amounts, $6,484,000 shall payments for eligible households as author- COMPENSATION FOR CONSTRUCTION DEFECTS be available for the cost of direct loans, for em- ized by section 502(c)(5)(D) of the Act, and For compensation for construction defects powerment zones and enterprise communities, as not to exceed $10,000 per project for advances as authorized by section 509(c) of the Hous- authorized by title XIII of the Omnibus Budget to nonprofit organizations or public agencies ing Act of 1949, as amended, $495,000, to re- Reconciliation Act of 1993, to subsidize gross ob- to cover direct costs (other than purchase main available until expended. ligations for the principal amount of direct loans, $10,870,000. price) incurred in purchasing projects pursu- RURAL HOUSING PRESERVATION GRANTS ant to section 502(c)(5)(C) of the Act: Provided In addition, for administrative expenses nec- For grants for rural housing preservation further, That agreements entered into or re- essary to carry out the direct loan programs, as authorized by section 552 of the Housing newed during fiscal year 1996 shall be funded $1,476,000, of which $1,470,000 shall be trans- and Urban-Rural Recovery Act of 1983 (Pub- for a five-year period, although the life of ferred to and merged with the appropriation for lic Law 98–181), $11,000,000. any such agreement may be extended to ‘‘Salaries and Expenses’’. fully utilize amounts obligated. RURAL BUSINESS AND COOPERATIVE RURAL ECONOMIC DEVELOPMENT LOANS DEVELOPMENT SERVICE SELF-HELP HOUSING LAND DEVELOPMENT FUND PROGRAM ACCOUNT For the principal amount of direct loans, SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) as authorized by section 523(b)(1)(B) of the For necessary expenses of the Rural Busi- For the principal amount of direct loans, Housing Act of 1949, as amended (42 U.S.C. ness and Cooperative Development Service, as authorized under section 313 of the Rural 1490c), $603,000. including administering the programs au- Electrification Act, for the purpose of pro- For the cost of direct loans, including the thorized by the Consolidated Farm and Rural moting rural economic development and job cost of modifying loans, as defined in section Development Act, as amended; section 1323 creation projects, $12,865,000. 502 of the Congressional Budget Act of 1974, of the Food Security Act of 1985; the Cooper- For the cost of direct loans, including the $31,000. ative Marketing Act of 1926; for activities re- cost of modifying loans as defined in section øCOMMUNITY FACILITY LOANS PROGRAM lating to the marketing aspects of coopera- 502 of the Congressional Budget Act of 1974, ACCOUNT tives, including economic research findings, $3,729,000. In addition, for administrative expenses ø(INCLUDING TRANSFERS OF FUNDS) as authorized by the Agricultural Marketing Act of 1946; for activities with institutions necessary to carry out the direct loan pro- øFor the cost of direct loans, $34,880,000, concerning the development and operation of gram, ø$584,000¿ $724,000, which shall be and for the cost of guaranteed loans, agricultural cooperatives; and cooperative transferred to and merged with the appro- $3,555,000, as authorized by 7 U.S.C. 1928 and agreements; ø$9,520,000¿ $9,013,000: Provided, priation for ‘‘Salaries and Expenses’’. 86 Stat. 661–664, as amended: Provided, That That this appropriation shall be available for ALTERNATIVE AGRICULTURAL RESEARCH AND such costs, including the cost of modifying employment pursuant to the second sentence COMMERCIALIZATION REVOLVING FUND such loans, shall be as defined in section 502 of 706(a) of the Organic Act of 1944, and not of the Congressional Budget Act of 1974: Pro- For necessary expenses to carry out the exceed $250,000 may be used for employment vided further, That such sums shall remain Alternative Agricultural Research and Com- under 5 U.S.C. 3109. available until expended for the disburse- mercialization Act of 1990 (7 U.S.C. 5901– ø ¿ ment of loans obligated in fiscal year 1996: øRURAL BUSINESS AND INDUSTRY LOANS 5908), $5,000,000 $10,000,000 is appropriated Provided further, That these funds are avail- PROGRAM ACCOUNT to the alternative agricultural research and commercialization revolving fund. able to subsidize gross obligations for the ø(INCLUDING TRANSFERS OF FUNDS) øRURAL BUSINESS ENTERPRISE GRANTS principal amount of direct loans not to ex- øFor the cost of guaranteed loans, ø ceed $200,000,000 and total loan principal, any $6,437,000, as authorized by 7 U.S.C. 1928 and For grants authorized under section part of which is to be guaranteed, not to ex- 86 Stat. 661–664, as amended: Provided, That 310B(c) and 310B(j) (7 U.S.C. 1932) of the Con- ceed $75,000,000: Provided further, That of the such costs, including the cost of modifying solidated Farm and Rural Development Act amounts available for the cost of direct such loans, shall be as defined in section 502 to any qualified public or private nonprofit loans not to exceed $1,208,000, to subsidize of the Congressional Budget Act of 1974: Pro- organization, $45,000,000, of which $8,381,000 gross obligations for the principal amount vided further, That such sums shall remain shall be available through June 30, 1996, for not to exceed $6,930,000, shall be available for available until expended for the disburse- assistance to empowerment zones and enter- empowerment zones and enterprise commu- ment of loans obligated in fiscal year 1996: prise communities, as authorized by title nities, as authorized by Public Law 103–66: Provided further, That these funds are avail- XIII of the Omnibus Budget Reconciliation Provided further, That if such funds are not able to subsidize gross obligations for the Act of 1993, after which any funds not obli- obligated for empowerment zones and enter- principal amount of guaranteed loans of gated shall remain available for other au- prise communities by June 30, 1996, they re- $500,000,000: Provided further, That of the thorized purposes under this head: Provided, main available for other authorized purposes amounts available for the cost of guaranteed That $500,000 shall be available for grants to under this head. loans including the cost of modifying loans, qualified nonprofit organizations to provide ø In addition, for administrative expenses $148,000, to subsidize gross obligations for the technical assistance and training for rural to carry out the direct and guaranteed loan loan principal, any part of which is guaran- communities needing improved passenger programs, $8,836,000, of which $8,731,000 shall teed, not to exceed $10,842,000, shall be avail- transportation systems or facilities in order ¿ be transferred to and merged with the appro- able for empowerment zones and enterprise to promote economic development. ¿ priation for ‘‘Salaries and Expenses’’. communities, as authorized by Public Law RURAL TECHNOLOGY AND COOPERATIVE VERY LOW-INCOME HOUSING REPAIR GRANTS 103–66: Provided further, That if such funds DEVELOPMENT GRANTS For grants to the very low-income elderly are not obligated for empowerment zones For grants pursuant to section 310(f) of the for essential repairs to dwellings pursuant to and enterprise communities by June 30, 1996, Consolidated Farm and Rural Development

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13687 Act, as amended (7 U.S.C. 1932), ø$1,500,000¿ circuit rider program to provide technical efits: Provided further, That $4,000,000 from $1,500,000, of which $1,300,000 may be available assistance for rural water systems: Provided unobligated balances for supervisory and for the appropriate technology transfer for rural further, That of the total amount appro- technical assistance grants may be trans- areas program. priated, not to exceed $18,700,000 shall be ferred to and merged with this account: Pro- RURAL UTILITIES SERVICE available for water and waste disposal sys- vided further, That up to $6,750,000 may be tems to benefit the Colonias along the used to carry out the farmers’ market nutri- RURAL ELECTRIFICATION AND TELEPHONE United States/Mexico border, including tion program from any funds not needed to LOANS PROGRAM ACCOUNT grants pursuant to section 306C: Provided fur- maintain current caseload levels: Provided (INCLUDING TRANSFERS OF FUNDS) ther, That of the total amount appropriated, further, That none of the funds in this Act Insured loans pursuant to the authority of $18,688,000 shall be for empowerment zones shall be available to pay administrative ex- section 305 of the Rural Electrification Act and enterprise communities, as authorized penses of WIC clinics except those that have of 1936, as amended (7 U.S.C. 935), shall be by Public Law 103–66: Provided further, That an announced policy of prohibiting smoking made as follows: 5 percent rural electrifica- if such funds are not obligated for empower- within the space used to carry out the pro- tion loans, $90,000,000; 5 percent rural tele- ment zones and enterprise communities by gram: Provided further, That on or after July 1, phone loans, $70,000,000; cost of money rural June 30, 1996, they shall remain available for 1996, any funds recovered from the previous fis- telephone loans, $300,000,000; municipal rate other authorized purposes under this head. cal year in excess of $100,000,000 may be trans- rural electric loans, ø$500,000,000¿ $550,000,000; øIn addition, for administrative expenses ferred by the Secretary of Agriculture to the and loans made pursuant to section 306 of necessary to carry out direct loans, loan Rural Community Advancement Program and that Act, $420,000,000, to remain available guarantees, and grants, $12,740,000, of which shall remain available until expended: Provided until expended. $12,623,000 shall be transferred and merged further, That none of the funds provided in this For the cost, as defined in section 502 of with ‘‘Rural Utilities Service, Salaries and Act shall be available for the purchase of infant the Congressional Budget Act of 1974, includ- Expenses’’.¿ formula except in accordance with the cost con- ing the cost of modifying loans, of direct and SALARIES AND EXPENSES tainment and competitive bidding requirements guaranteed loans authorized by the Rural specified in section 17 of the Child Nutrition Act For necessary expenses of the Rural Utili- Electrification Act of 1936, as amended (7 of 1966 (42 U.S.C. 1786) (as in effect on Sep- ties Service, including administering the U.S.C. 935), as follows: cost of direct loans, tember 13, 1995). $35,126,000; cost of municipal rate loans, programs authorized by the Rural Elec- COMMODITY SUPPLEMENTAL FOOD PROGRAM ø$54,150,000¿ $59,565,000; cost of money rural trification Act of 1936, as amended, and the telephone loans, $60,000; cost of loans guaran- Consolidated Farm and Rural Development For necessary expenses to carry out the com- ø ¿ modity supplemental food program as author- teed pursuant to section 306, $2,520,000: Pro- Act, as amended, $19,211,000 $18,449,000, of ized by section 4(a) of the Agriculture and Con- vided, That notwithstanding øsections which $7,000 shall be available for financial sumer Protection Act of 1973 (7 U.S.C. 612c 305(c)(2) and¿ section 305(d)(2) of the Rural credit reports: Provided, That this appropria- Electrification Act of 1936, borrower interest tion shall be available for employment pur- (note)), including not less than $8,000,000 for the rates may exceed 7 percent per year. suant to the second sentence of 706(a) of the projects in Detroit, New Orleans, and Des In addition, for administrative expenses Organic Act of 1944, and not to exceed Moines, $86,000,000 to remain available through necessary to carry out the direct and guar- $103,000 may be used for employment under 5 September 30, 1997: Provided, That none of these anteed loan programs, ø$29,982,000¿ U.S.C. 3109. funds shall be available to reimburse the Com- $32,183,000, which shall be transferred to and TITLE IV modity Credit Corporation for commodities do- nated to the program: Provided further, That merged with the appropriation for ‘‘Salaries DOMESTIC FOOD PROGRAMS and Expenses’’. twenty percent of any Commodity Supplemental OFFICE OF THE UNDER SECRETARY FOR FOOD, Food Program funds carried over from fiscal RURAL TELEPHONE BANK PROGRAM ACCOUNT NUTRITION AND CONSUMER SERVICES year 1995 shall be available for administrative The Rural Telephone Bank is hereby au- For necessary salaries and expenses of the costs of the program. thorized to make such expenditures, within Office of the Under Secretary for Food, Nu- FOOD STAMP PROGRAM the limits of funds available to such corpora- trition and Consumer Services to administer For necessary expenses to carry out the tion in accord with law, and to make such the laws enacted by the Congress for the Food Stamp Act (7 U.S.C. 2011–2029), contracts and commitments without regard Food and Consumer Service, ø$440,000¿ ø$27,097,828,000¿ $28,097,828,000: Provided, That to fiscal year limitations as provided by sec- $540,000. tion 104 of the Government Corporation Con- funds provided herein shall remain available FOOD AND CONSUMER SERVICE trol Act, as amended, as may be necessary in through September 30, 1996, in accordance carrying out its authorized programs for the CHILD NUTRITION PROGRAMS with section 18(a) of the Food Stamp Act: current fiscal year. During fiscal year 1996 (INCLUDING TRANSFERS OF FUNDS) Provided further, That $1,000,000,000 of the fore- going amount shall be placed in reserve for use and within the resources and authority For necessary expenses to carry out the only in such amounts and at such times as may available, gross obligations for the principal National School Lunch Act (42 U.S.C. 1751– become necessary to carry out program oper- amount of direct loans shall be $175,000,000. 1769b), and the applicable provisions other ations: Provided further, That funds provided For the cost, as defined in section 502 of than øsection 17¿ sections 17, 19, and 21 of the herein shall be expended in accordance with the Congressional Budget Act of 1974, includ- Child Nutrition Act of 1966 (42 U.S.C. 1772– section 16 of the Food Stamp Act: Provided ing the cost of modifying loans, of direct 1785, and 1789); ø$7,952,424,000¿ $7,952,610,000, further, That this appropriation shall be sub- loans authorized by the Rural Electrification to remain available through September 30, ject to any work registration or workfare re- Act of 1936, as amended (7 U.S.C. 935), 1997, of which ø$2,354,566,000¿ $2,354,752,000 is ø ¿ quirements as may be required by law: Pro- $770,000 $5,023,000. hereby appropriated and $5,597,858,000 shall vided further, That $1,143,000,000 of the fore- In addition, for administrative expenses be derived by transfer from funds available going amount shall be available for nutrition necessary to carry out the loan programs, under section 32 of the Act of August 24, 1935 ø ¿ assistance for Puerto Rico as authorized by 7 $3,541,000 $6,167,000. (7 U.S.C. 612c): Provided, That up to $3,964,000 U.S.C. 2028. DISTANCE LEARNING AND MEDICAL LINK GRANTS shall be available for independent For necessary expenses to carry into effect verification of school food service claimsø: øCOMMODITY ASSISTANCE PROGRAM the programs authorized in sections 2331–2335 Provided further, That $1,900,000 shall be øFor necessary expenses to carry out the of Public Law 101–624, $7,500,000, to remain available to provide financial and other as- commodity supplemental food program as available until expended. sistance to operate the Food Service Man- authorized by section 4(a) of the Agriculture øRURAL DEVELOPMENT PERFORMANCE agement Institute. and Consumer Protection Act of 1973 (7 ø PARTNERSHIPS PROGRAM Notwithstanding any other provision of U.S.C. 612c(note)), section 204(a) of the Emer- law, no funds other than provided in this Act gency Food Assistance Act of 1983, as amend- ø(INCLUDING TRANSFERS OF FUNDS) may be available for nutrition education and ed, and section 110 of the Hunger Prevention ø For the cost of direct loans, loan guaran- training and the Food Service Management Act of 1988, $168,000,000, to remain available tees, and grants, as authorized by 7 U.S.C. Institute.¿ through September 30, 1997: Provided, That 1926, 1928, and 1932, $435,000,000, to remain SPECIAL SUPPLEMENTAL NUTRITION PROGRAM none of these funds shall be available to re- available until expended, to be available for FOR WOMEN, INFANTS, AND CHILDREN (WIC) imburse the Commodity Credit Corporation loans and grants for rural water and waste for commodities donated to the program: (INCLUDING TRANSFERS OF FUNDS) disposal and solid waste management grants: Provided further, That none of the funds in Provided, That the costs of direct loans and For necessary expenses to carry out the this Act or any other Act may be used for loan guarantees, including the cost of modi- special supplemental nutrition program as demonstration projects in the emergency fying such loans, shall be as defined in sec- authorized by section 17 of the Child Nutri- food assistance program.¿ tion 502 of the Congressional Budget Act of tion Act of 1966 (42 U.S.C. 1786), $3,729,807,000, 1974: Provided further, That of the total to remain available through September 30, FOOD DONATIONS PROGRAMS FOR SELECTED amount appropriated, not to exceed $4,000,000 1997: Provided, That for fiscal year 1996, GROUPS shall be available for contracting with the $20,000,000 that would otherwise be available For necessary expenses to carry out sec- National Rural Water Association or other to States for nutrition services and adminis- tion 4(a) of the Agriculture and Consumer equally qualified national organization for a tration shall be made available for food ben- Protection Act of 1973 (7 U.S.C. 612c (note)),

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13688 CONGRESSIONAL RECORD — SENATE September 18, 1995 section 4(b) of the Food Stamp Act (7 U.S.C. covered prior years’ costs, including interest TITLE VI 2013(b)), and section 311 of the Older Ameri- thereon, under the Agricultural Trade Devel- RELATED AGENCIES AND FOOD AND cans Act of 1965, as amended (42 U.S.C. 3030a), opment and Assistance Act of 1954, as DRUG ADMINISTRATION ø$215,000,000¿ $217,250,000, to remain available amended (7 U.S.C. 1691, 1701–1715, 1721–1726, DEPARTMENT OF HEALTH AND HUMAN through September 30, 1997: Provided, That 1727–1727f, 1731–1736g), as follows: (1) SERVICES notwithstanding any other provision of law, for $291,342,000 for Public Law 480 title I credit, FOOD AND DRUG ADMINISTRATION meals provided pursuant to the Older Americans including Food for Progress programs; (2) Act of 1965, a maximum rate of reimbursement to $25,000,000 is hereby appropriated for ocean SALARIES AND EXPENSES States will be established by the Secretary, sub- freight differential costs for the shipment of For necessary expenses of the Food and ject to reduction if obligations would exceed the agricultural commodities pursuant to title I Drug Administration, including hire and pur- amount of available funds, with any unobli- of said Act and the Food for Progress Act of chase of passenger motor vehicles; for rental gated funds to remain available only for obliga- 1985, as amended; (3) $821,100,000 is hereby ap- of special purpose space in the District of Co- tion in the fiscal year beginning October 1, 1996. lumbia or elsewhere; and for miscellaneous For necessary expenses to carry out section propriated for commodities supplied in con- nection with dispositions abroad pursuant to and emergency expenses of enforcement ac- 110 of the Hunger Prevention Act of 1988, tivities, authorized and approved by the Sec- title II of said Act; and (4) $50,000,000 is here- $40,000,000. retary and to be accounted for solely on the by appropriated for commodities supplied in THE EMERGENCY FOOD ASSISTANCE PROGRAM Secretary’s certificate, not to exceed $25,000; connection with dispositions abroad pursu- For making payments to States to carry out $904,694,000, of which not to exceed $84,723,000 the Emergency Food Assistance Act of 1983, as ant to title III of said Act and shall be fi- in fees pursuant to section 736 of the Federal amended, $40,000,000: Provided, That, in accord- nanced from funds credited to the Commodity Food, Drug, and Cosmetic Act may be cred- ance with section 202 of Public Law 98–92, these Credit Corporation pursuant to section 426 of ited to this appropriation and remain avail- funds shall be available only if the Secretary de- Public Law 103–465: Provided, That not to ex- able until expended: Provided, That fees de- termines the existence of excess commodities: ceed 15 percent of the funds made available rived from applications received during fis- Provided further, That none of the funds in this to carry out any title of said Act may be cal year 1996 shall be subject to the fiscal Act or any other Act may be used for emergency used to carry out any other title of said Act: year 1996 limitation: Provided further, That food assistance program demonstration projects. Provided further, That such sums shall re- none of these funds shall be used to develop, FOOD PROGRAM ADMINISTRATION main available until expended (7 U.S.C. establish, or operate any program of user For necessary administrative expenses of 2209b). fees authorized by 31 U.S.C. 9701. In addition, fees pursuant to section 354 of the domestic food programs funded under For the cost, as defined in section 502 of the Public Health Service Act may be cred- this Act, ø$108,323,000¿ $107,215,000, of which the Congressional Budget Act of 1974, of di- ited to this account, to remain available $5,000,000 shall be available only for simpli- rect credit agreements as authorized by the until expended. fying procedures, reducing overhead costs, Agricultural Trade Development and Assist- tightening regulations, improving food ance Act of 1954, as amended, and the Food BUILDINGS AND FACILITIES stamp coupon handling, and assistance in for Progress Act of 1985, as amended, includ- For plans, construction, repair, improve- the prevention, identification, and prosecu- ing the cost of modifying credit agreements ment, extension, alteration, and purchase of tion of fraud and other violations of law; and under said Act, $236,162,000. fixed equipment or facilities of or used by $750,000 shall be available for investing in an the Food and Drug Administration, where automated data processing infrastructure for In addition, for administrative expenses to not otherwise provided, ø$15,350,000¿ the Food and Consumer Service: Provided, That carry out the Public Law 480 title I credit $8,350,000, to remain available until expended this appropriation shall be available for em- program, and the Food for Progress Act of (7 U.S.C. 2209b). ployment pursuant to the second sentence of 1985, as amended, to the extent funds appro- RENTAL PAYMENTS (FDA) section 706(a) of the Organic Act of 1944 (7 priated for Public Law 480 are utilized, U.S.C. 2225), and not to exceed $150,000 shall $1,750,000. (INCLUDING TRANSFERS OF FUNDS) be available for employment under 5 U.S.C. For payment of space rental and related 3109. SHORT-TERM EXPORT CREDIT costs pursuant to Public Law 92–313 for pro- TITLE V The Commodity Credit Corporation shall grams and activities of the Food and Drug Administration which are included in this FOREIGN ASSISTANCE AND RELATED make available not less than $5,200,000,000 in Act, $46,294,000: Provided, That in the event PROGRAMS credit guarantees under its export credit the Food and Drug Administration should re- guarantee program for short-term credit ex- FOREIGN AGRICULTURAL SERVICE quire modification of space needs, a share of tended to finance the export sales of United (INCLUDING TRANSFERS OF FUNDS) the salaries and expenses appropriation may States agricultural commodities and the For necessary expenses of the Foreign Ag- be transferred to this appropriation, or a products thereof, as authorized by section ricultural Service, including carrying out share of this appropriation may be trans- 202(a) of the Agricultural Trade Act of 1978 (7 title VI of the Agricultural Act of 1954, as ferred to the salaries and expenses appropria- U.S.C. 5641). amended (7 U.S.C. 1761–1768), market develop- tion, but such transfers shall not exceed 5 ment activities abroad, and for enabling the INTERMEDIATE-TERM EXPORT CREDIT percent of the funds made available for rent- Secretary to coordinate and integrate activi- al payments (FDA) to or from this account. ties of the Department in connection with The Commodity Credit Corporation shall DEPARTMENT OF THE TREASURY foreign agricultural work, including not to make available not less than $500,000,000 in FINANCIAL MANAGEMENT SERVICE exceed $128,000 for representation allowances credit guarantees under its export credit and for expenses pursuant to section 8 of the guarantee program for intermediate-term PAYMENTS TO THE FARM CREDIT SYSTEM Act approved August 3, 1956 (7 U.S.C. 1766), credit extended to finance the export sales of FINANCIAL ASSISTANCE CORPORATION ø$123,520,000¿ $124,775,000, of which $5,176,000 United States agricultural commodities and For necessary payments to the Farm Cred- may be transferred from Commodity Credit the products thereof, as authorized by sec- it System Financial Assistance Corporation Corporation funds, $2,792,000 may be trans- tion 202(b) of the Agricultural Trade Act of by the Secretary of the Treasury, as author- ferred from the Commodity Credit Corpora- 1978 (7 U.S.C. 5641). ized by section 6.28(c) of the Farm Credit Act tion program account in this Act, and of 1971, as amended, for reimbursement of in- $1,005,000 may be transferred from the Public COMMODITY CREDIT CORPORATION EXPORT terest expenses incurred by the Financial As- Law 480 program account in this Act: Pro- LOANS PROGRAM ACCOUNT sistance Corporation on obligations issued vided, That the Service may utilize advances through 1994, as authorized, $15,453,000. (INCLUDING TRANSFERS OF FUNDS) of funds, or reimburse this appropriation for INDEPENDENT AGENCIES expenditures made on behalf of Federal agen- For administrative expenses to carry out COMMODITY FUTURES TRADING COMMISSION cies, public and private organizations and in- the Commodity Credit Corporation’s export For necessary expenses to carry out the stitutions under agreements executed pursu- guarantee program, GSM–102 and GSM–103, provisions of the Commodity Exchange Act, ant to the agricultural food production as- $3,381,000; to cover common overhead ex- sistance programs (7 U.S.C. 1736) and the for- as amended (7 U.S.C. 1 et seq.), including the penses as permitted by section 11 of the Com- purchase and hire of passenger motor vehi- eign assistance programs of the Inter- modity Credit Corporation Charter Act and national Development Cooperation Adminis- cles; the rental of space (to include multiple in conformity with the Federal Credit Re- year leases) in the District of Columbia and tration (22 U.S.C. 2392). form Act of 1990, of which not to exceed None of the funds in the foregoing para- elsewhere; and not to exceed $25,000 for em- $2,792,000 may be transferred to and merged ø ¿ graph shall be available to promote the sale ployment under 5 U.S.C. 3109; $49,144,000 with the appropriation for the salaries and or export of tobacco or tobacco products. $54,058,000, including not to exceed $1,000 for expenses of the Foreign Agricultural Serv- official reception and representation ex- PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS ice, and of which not to exceed $589,000 may penses: Provided, That the Commission is au- (INCLUDING TRANSFERS OF FUNDS) be transferred to and merged with the appro- thorized to charge reasonable fees to For expenses during the current fiscal priation for the salaries and expenses of the attendees of Commission sponsored edu- year, not otherwise recoverable, and unre- Consolidated Farm Service Agency. cational events and symposia to cover the

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13689 Commission’s costs of providing those events available for the purchase, in addition to rental and related costs in excess of the and symposia, and notwithstanding 31 U.S.C. those specifically provided for, of not to ex- amounts specified in this Act; nor shall this 3302, said fees shall be credited to this ac- ceed 665 passenger motor vehicles, of which or any other provision of law require a re- count, to be available without further appro- 642 shall be for replacement only, and for the duction in the level of rental space or serv- priation. hire of such vehicles. ices below that of fiscal year ø1994¿ 1995 or FARM CREDIT ADMINISTRATION SEC. 702. Funds in this Act available to the prohibit an expansion of rental space or serv- Department of Agriculture shall be available ices with the use of funds otherwise appro- ADMINISTRATIVE PROVISION for uniforms or allowances therefor as au- priated in this Act. Further, no agency of the SEC. 601. (a) For purposes of the administra- thorized by law (5 U.S.C. 5901–5902). Department of Agriculture, from funds oth- tion of chapter 89 of title 5, United States Code, SEC. 703. Not less than $1,500,000 of the ap- erwise available, shall reimburse the General any period of enrollment under a health benefits propriations of the Department of Agri- Services Administration for payment of plan administered by the Farm Credit Adminis- culture in this Act for research and service space rental and related costs provided to tration prior to the effective date of this Act work authorized by the Acts of August 14, such agency at a percentage rate which is shall be deemed to be a period of enrollment in 1946, and July 28, 1954, and (7 U.S.C. 427, 1621– greater than is available in the case of funds a health benefits plan under chapter 89 of such 1629), and by chapter 63 of title 31, United appropriated in this Act. title. States Code, shall be available for con- SEC. 711. None of the funds in this Act shall (b)(1) An individual who, on September 30, tracting in accordance with said Acts and be available to restrict the authority of the 1995, is covered by a health benefits plan admin- chapter. Commodity Credit Corporation to lease istered by the Farm Credit Administration may SEC. 704. The cumulative total of transfers space for its own use or to lease space on be- enroll in an approved health benefits plan de- to the Working Capital Fund for the purpose half of other agencies of the Department of scribed under section 8903 or 8903a of title 5, of accumulating growth capital for data Agriculture when such space will be jointly United States Code— services and National Finance Center oper- occupied. (A) either as an individual or for self and ations shall not exceed $2,000,000: Provided, SEC. 712. øNone¿ With the exception of grants family, if such individual is an employee, annu- That no funds in this Act appropriated to an awarded under the Small Business Innovation itant, or former spouse as defined under section agency of the Department shall be trans- Development Act of 1982, Public Law 97–219, as 8901 of such title; and ferred to the Working Capital Fund without amended (15 U.S.C. 638), none of the funds in (B) for coverage effective on and after Sep- the approval of the agency administrator. this Act shall be available to pay indirect tember 30, 1995. SEC. 705. New obligational authority pro- costs on research grants awarded competi- (2) An individual who, on September 30, 1995, vided for the following appropriation items tively by the Cooperative State Research, is entitled to continued coverage under a health in this Act shall remain available until ex- Education, and Extension Service that ex- benefits plan administered by the Farm Credit pended (7 U.S.C. 2209b): Animal and Plant ceed 14 percent of total Federal funds pro- Administration— Health Inspection Service, the contingency (A) shall be deemed to be entitled to continued vided under each award. fund to meet emergency conditions, and in- SEC. 713. Notwithstanding any other provi- coverage under section 8905a of title 5, United tegrated systems acquisition project; Con- sions of this Act, all loan levels provided in States Code, for the same period that would solidated Farm Service Agency, salaries and ex- this Act shall be considered estimates, not have been permitted under the plan adminis- penses funds made available to county commit- limitations. tered by the Farm Credit Administration; and tees; and Foreign Agricultural Service, mid- SEC. 714. Appropriations to the Department (B) may enroll in an approved health benefits dle-income country training program. of Agriculture for the cost of direct and plan described under sections 8903 or 8903a of New obligational authority for the boll guaranteed loans made available in fiscal such title in accordance with section 8905A of weevil program; up to 10 percent of the year 1996 shall remain available until ex- such title for coverage effective on and after screwworm program of the Animal and Plant pended to cover obligations made in fiscal September 30, 1995. Health Inspection Service; Food Safety and year 1996 for the following accounts: the (3) An individual who, on September 30, 1995, Inspection Service, field automation and in- rural development loan fund program ac- is covered as an unmarried dependent child formation management project; funds appro- count; the Rural Telephone Bank program under a health benefits plan administered by priated for rental payments; funds for the account; the rural electrification and tele- the Farm Credit Administration and who is not Native American institutions endowment communications loans program account; and a member of family as defined under section fund in the Cooperative State Research, Edu- the rural economic development loans pro- 8901(5) of title 5, United States Code— cation, and Extension Service, and funds for gram account. (A) shall be deemed to be entitled to continued the competitive research grants (7 U.S.C. SEC. 715. Such sums as may be necessary coverage under section 8905a of such title as 450i(b)) shall remain available until ex- for fiscal year 1996 pay raises for programs though the individual had, on September 30, pended. funded by this Act shall be absorbed within 1995, ceased to meet the requirements for being SEC. 706. No part of any appropriation con- the levels appropriated in this Act. considered an unmarried dependent child under tained in this Act shall remain available for SEC. 716. (a) COMPLIANCE WITH BUY AMER- chapter 89 of such title; and obligation beyond the current fiscal year un- ICAN ACT.—None of the funds made available (B) may enroll in an approved health benefits less expressly so provided herein. in this Act may be expended by an entity un- plan described under section 8903 or 8903a of SEC. 707. Not to exceed $50,000 of the appro- less the entity agrees that in expending the such title in accordance with section 8905a for priations available to the Department of Ag- funds the entity will comply with sections 2 continued coverage on and after September 30, riculture in this Act shall be available to through 4 of the Act of March 3, 1933 (41 1995. provide appropriate orientation and lan- U.S.C. 10a–10c; popularly known as the ‘‘Buy (c) The Farm Credit Administration shall guage training pursuant to Public Law 94– American Act’’). transfer to the Federal Employees Health Bene- 449. (b) SENSE OF CONGRESS; REQUIREMENT RE- fits Fund established under section 8909 of title SEC. 708. No funds appropriated by this Act GARDING NOTICE.— 5, United States Code, amounts determined by may be used to pay negotiated indirect cost (1) PURCHASE OF AMERICAN-MADE EQUIPMENT the Director of the Office of Personnel Manage- rates on cooperative agreements or similar AND PRODUCTS.—In the case of any equipment ment, after consultation with the Farm Credit arrangements between the United States De- or product that may be authorized to be pur- Administration, to be necessary to reimburse the partment of Agriculture and nonprofit insti- chased with financial assistance provided Fund for the cost of providing benefits under tutions in excess of 10 percent of the total di- using funds made available in this Act, it is this section not otherwise paid for by the indi- rect cost of the agreement when the purpose the sense of the Congress that entities re- vidual’s covered by this section. The amount so of such cooperative arrangements is to carry ceiving the assistance should, in expending transferred shall be held in the Fund and used out programs of mutual interest between the the assistance, purchase only American- by the Office in addition to the amounts avail- two parties. This does not preclude appro- made equipment and products. able under section 8906(g)(1) of such title. priate payment of indirect costs on grants (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— (d) The Office of Personnel Management— and contracts with such institutions when In providing financial assistance using funds (1) shall administer the provisions of this sec- such indirect costs are computed on a simi- made available in this Act, the head of each tion to provide for— lar basis for all agencies for which appropria- Federal agency shall provide to each recipi- (A) a period of notice and open enrollment for tions are provided in this Act. ent of the assistance a notice describing the individuals affected by this section; and SEC. 709. Notwithstanding any other provi- statement made in paragraph (1) by the Con- (B) no lapse of health coverage for individuals sion of this Act, commodities acquired by gress. who enroll in a health benefits plan under the Department in connection with Com- (c) PROHIBITION OF CONTRACTS WITH PER- chapter 89 of title 5, United States Code, in ac- modity Credit Corporation and section 32 SONS FALSELY LABELING PRODUCTS AS MADE cordance with this section; and price support operations may be used, as au- IN AMERICA.—If it has been finally deter- (2) may prescribe regulations to implement thorized by law (15 U.S.C. 714c and 7 U.S.C. mined by a court or Federal agency that any this section. 612c), to provide commodities to individuals person intentionally affixed a label bearing a TITLE VII—GENERAL PROVISIONS in cases of hardship as determined by the ‘‘Made in America’’ inscription, or any in- SEC. 701. Within the unit limit of cost fixed Secretary of Agriculture. scription with the same meaning, to any by law, appropriations and authorizations SEC. 710. None of the funds in this Act shall product sold in or shipped to the United made for the Department of Agriculture for be available to reimburse the General Serv- States that is not made in the United States, the fiscal year 1996 under this Act shall be ices Administration for payment of space the person shall be ineligible to receive any

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13690 CONGRESSIONAL RECORD — SENATE September 18, 1995 contract or subcontract made with funds loss of feed produced on the farm is available to Program; the School Lunch Programs, made available in this Act, pursuant to the the producer under the Federal Crop Insurance elderly feeding programs, commodity debarment, suspension, and ineligibility pro- Act, as amended. distribution programs, a wide variety cedures described in sections 9.400 through SEC. 727. None of the funds appropriated or of domestic food assistance programs. 9.409 of title 48, Code of Federal Regulations. otherwise made available by this Act shall be SEC. 717. Notwithstanding the Federal used to enroll additional acres in the Conserva- But, today, we have seen a trend Grant and Cooperative Agreement Act, mar- tion Reserve Program authorized by 16 U.S.C. which has now reached a point where keting services of the Agricultural Mar- 3831–3845: Provided, That 1,579,000 new acres the clear majority of the funding re- keting Service may use cooperative agree- shall be enrolled in the program in the year be- quired by the Department of Agri- ments to reflect a relationship between Agri- ginning January 1, 1997. culture is for the food and nutrition cultural Marketing Service and a State or SEC. 728. DISASTER ASSISTANCE FOR INSECT programs rather than for traditional Cooperator to carry out agricultural mar- DAMAGE TO 1995 COTTON CROP.—(a) IN GEN- agriculture programs. So, as we discuss keting programs. ERAL.—Notwithstanding any other provision of SEC. 718. PROHIBITION ON USE OF FUNDS FOR law, such sums as may be necessary, not to ex- and consider any amendments that HONEY PAYMENTS OR LOAN FORFEITURES.— ceed $41,000,000, of funds of the Commodity Senators will offer to this bill, we must Notwithstanding any other provision of this Credit Corporation shall be available, through keep in mind that we are doing our Act, none of the funds appropriated or other- April 15, 1996, to producers of the 1995 crop of part in this bill to meet the challenge wise made available by this Act shall be used cotton that was adversely affected by insect of deficit reduction, in trying to con- by the Secretary of Agriculture to provide damage under terms and conditions determined trol the growth of spending at the Fed- for a total amount of payments and/or total by the Secretary of Agriculture. eral level. amount of loan forfeitures to a person to (b) ADDITIONAL ASSISTANCE.—Any assistance support the price of honey under section 207 provided under subsection (a) shall be in addi- We have $5.2 billion proposed in this of the øAgriculture¿ Agricultural Act of 1949 tion to any assistance provided under Public bill, less than the amount of budget au- (7 U.S.C. 1446h) and section 405A of such Act Law 103–354 or any other provision of law. thority in this fiscal year. I think it is (7 U.S.C. 1425a) in excess of zero dollars in SEC. 729. None of the funds appropriated or a clear illustration of the commitment the 1994, 1995, and 1996 crop years. otherwise made available by this Act may be of this subcommittee to fulfill the SEC. 719. None of the funds in this Act may used to develop compliance guidelines, imple- commitment that we have all made in be used to retire more than 5 percent of the ment or enforce a regulation promulgated by the Class A stock of the Rural Telephone Bank. the budget resolution to get better con- Food Safety and Inspection Service on August trol over our spending practices at the SEC. 720. None of the funds appropriated or 25, 1995 (60 Fed. Reg. 44396): Provided, That this otherwise made available by this Act may be regulation shall take effect only if legislation is Federal level and to meet the challenge used to provide benefits to households whose enacted into law which directs the Secretary of of balancing the budget under the plan benefits are calculated using a standard de- Agriculture to promulgate such regulation, or to do so over the next 7 years. duction greater than the standard deduction the House Committee on Agriculture and the To compare the 63 percent level of in effect for fiscal year 1995. Senate Committee on Agriculture, Nutrition and funding of domestic food programs in SEC. 721. None of the funds made available Forestry receive and approve a proposed revised in this Act may be used for any program, this bill with previous years, in this regulation submitted by the Secretary of Agri- fiscal year those funds total 58 percent project, or activity when it is made known culture. to the Federal entity or official to which the This Act may be cited as the ‘‘Agriculture, of the budget authority in this bill. In- funds are made available that the program, Rural Development, Food and Drug Adminis- cluding congressional budget project, or activity is not in compliance with tration, and Related Agencies Appropria- scorekeeping adjustments and prior- any applicable Federal law relating to risk tions Act, 1996’’. year spending actions, this bill rec- assessment, the protection of private prop- ommends total discretionary spending erty rights, or unfunded mandates. The PRESIDING OFFICER. The Sen- øSEC. 722. None of the funds made available ator from Mississippi. of $13.310 billion in budget authority in this Act shall be used to increase, from Mr. COCHRAN. Mr. President, this and $13.608 billion in outlays for fiscal the fiscal year 1995 level, the level of Full bill proposes fiscal year 1996 funding year 1996. These amounts are con- Time Equivalency Positions (whether for the Department of Agriculture, the sistent with the subcommittee’s discre- through new hires or by transferring full Food and Drug Administration, the tionary spending allocations. time eqivalents from other offices) in any of Commodity Futures Trading Commis- As a result of these constraints of al- the following Food and Drug Administration location and the budget resolution as- offices: Office of the Commissioner, Office of sion, and expenses and payments of the Policy, Office of External Affairs (Immediate farm credit system. As reported, the sumptions and directions, few funding Office, as well as Office of Health Affairs, Of- bill recommends total new budget au- increases are recommended in this bill fice of Legislative Affairs, Office of Con- thority for this new fiscal year of $63.8 for any programs and activities under sumer Affairs, and Office of Public Affairs), billion. This is $5.2 billion less than the the jurisdiction of the subcommittee. and the Office of Management and Systems fiscal year 1995 level. It is $2.6 billion Most programs are funded at or below (Immediate Office, as well as Office of Plan- less than the President’s fiscal year this current fiscal year level. ning and Evaluation and Office of Manage- There is one significant program in- ment). 1996 budget request. But it is $1.2 bil- øSEC. 723. None of the funds made available lion more than the level recommended crease provided in this bill, a $260 mil- in this Act may be used to provide assistance in bill passed by the House of Rep- lion increase for the WIC Program, the to, or to pay the salaries of personnel who resentatives. Women, Infants, and Children Pro- carry out a market promotion program pur- One interesting thing to observe gram. This is the same as contained in suant to section 203 of the Agricultural about this bill is that over 63 percent of the bill passed by the House. This in- Trade Act of 1978 (7 U.S.C. 5623) that provides the funds proposed to be appropriated crease is necessary if we are going to assistance to, the U.S. Mink Export Develop- in this legislation for the Department maintain the 1995 WIC caseload levels ment Council or any mink industry trade as- sociation.¿ of Agriculture will go to funding the during the next year. SEC. 724. None of the funds appropriated or Nation’s domestic food assistance pro- Other discretionary spending in- otherwise made available by this Act shall be grams. I can recall, when I was first creases include an additional $17.9 mil- used to enroll in excess of 100,000 acres in the honored by being given the opportunity lion for rural housing rental assistance fiscal year 1996 wetlands reserve program, as of chairing this subcommittee in 1981, to meet the estimated costs of contract authorized by 16 U.S.C. 3837. the majority of the funds appropriated renewal and servicing requirements; an SEC. 725. None of the funds appropriated or otherwise made available by this Act shall be to the Department of Agriculture for increase of $42.9 million to continue used to pay the salaries of personnel who carry its activities went to funding support the efforts of the Food Safety and In- out an export enhancement program (estimated activities for production agriculture— spection Service to assure the safety of to be $1,000,000,000 in the President’s fiscal year reimbursements to the Commodity our Nation’s food supply; a $5.1 million 1996 Budget (H. Doc. 104–4)) if the aggregate Credit Corporation, for example, for net increase in rural housing loan pro- amount of funds and/or commodities under such net realized losses; funds for agri- gram authorizations; a $50 million in- program exceeds $800,000,000. culture research; for soil and water crease in farm operating loans; and a SEC. 726. None of the funds made available in conservation; for rural development. $33 million increase for the food dona- this Act shall be used to pay the salaries of per- sonnel to provide assistance to livestock pro- And included in these activities were, tions program on Indian reservations. ducers under provisions of title VI of the Agri- of course, the food and nutrition pro- Except for rural housing, all of these cultural Act of 1949 if crop insurance protection grams such as the Food Stamp Pro- increases fall well below the increased or noninsured crop disaster assistance for the gram, Women, Infants, and Children levels requested by the President in the

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13691 budget submission we received this Senators will remember that we have these programs were to be adminis- year. just completed authorizing a reorga- tered. There are funds in the bill for agri- nization of the Department of Agri- I think it would be an abrogation of culture research and extension pro- culture. This has principally been driv- congressional responsibility if we went grams. In my judgment, the $1 billion— en by the leadership of the distin- along with that recommendation as I a little over $1 billion—appropriated guished Senator from Indiana [Mr. understood it. We are for giving more for these activities are funds well in- LUGAR] who, as the ranking Republican flexibility to managers and administra- vested. We are confronted right now member of the Agriculture Committee tion officials, but we are not prepared with a real challenge in the production a few years ago, strongly urged our at this point to just simply send a agriculture area because of increased committee to pressure the administra- lump sum appropriation to the Depart- competition from overseas, producers tion to embark upon a reorganization ment of Agriculture and say, ‘‘Why in the international marketplace. program. As a matter of fact, current don’t you use this any way you think is We are confronted with new chal- law authorized many of the steps that appropriate.’’ lenges of pest management, of trying were urged to be taken by Senator We are here in a representative ca- to improve yields while at the same LUGAR, and others, in this area. pacity for the States, and on the House time preserving in a more aggressive But the administration wanted the side for individual citizens, and we way our soil and water resources. To Congress involved because obviously have a role to play in this. We are tak- accomplish all of that, and to still there were controversies. There were ing that role very seriously. So in our make it possible for farmers to operate differences of opinion about how far to oversight hearings and in the hearings profitably, we have to invest in upgrad- go, how much to change, which offices we had in the beginning of this year, ing and maintaining our modern tech- to close, how to consolidate regional where administration officials came to nological advantage. offices, and where the new offices testify about their proposals and how That is the key to the future produc- would be relocated—a wide range of the funds that we would appropriate tivity of our Nation’s farmers. That is controversial and political hot potato- would be needed, we questioned them the key to the realization of the expec- type issues which the Senate Agri- very carefully about their intentions in tations of the American people to have culture Committee worked on very using these funds and how they would an adequate supply of reasonably hard. shift funds from one activity to an- priced food and consumer products. So Senator LEAHY was chairman when other based on local situations. that is why this part of the bill, in my our effort began and now, under the So what I am saying is that we are in view, is so important. UGAR chairmanship of Senator L with favor of consolidation, we are in favor I wish we had the ability under the Senator LEAHY as ranking member, we of giving managers more authority constraints of the budget and our allo- are monitoring. We are monitoring the than they may have been given in the cation to appropriate more money for reorganization effort to ensure that, past in the strict categories of funding, these purposes. Much of this research first of all, it is consistent with the but we are not willing to turn loose is done in Agriculture Research Service new authorities for reorganization completely of our responsibilities to facilities throughout the country. granted by the Congress to the Presi- monitor carefully the administration These are Department of Agriculture- dent and the administration and that of these programs and the expenditure operated research facilities such as it also is undertaken in a way that of these funds for rural development here in the Washington area, in Belts- makes the Department more efficient activities. Rural water and sewer sys- ville, MD, and throughout the country. and saves money and cuts down the tem projects and loans to help build in- Other research is done through the Co- costs that are unnecessary—in many frastructure facilities in areas that are operative State Research, Education, areas, where there has been duplication economically disadvantaged are all a and Extension Service account that is and overlapping—unnecessary expendi- part of this effort. Housing programs, funded in this bill, where funds are tures of funds. which have been given less than the made available to university and col- So this bill we are presenting today funds we think are needed by the other lege-research facilities and other spon- carries forward some of the principles body, are also very important. soring entities, where funds are contained in the Department of Agri- matched by the Federal Government to culture Reorganization Act and empha- There are a lot of unmet needs in help pay the costs of important re- sizes consolidation for the purpose of many parts of the country in this area search in the agriculture food produc- improving delivery of services as well of concern. In my State of Mississippi, tion and related areas of concern. as the efficiency of the Department of we hope to continue to have a very ag- So although the $1.025 billion for ag- Agriculture. gressive effort by the Federal agencies riculture research and extension pro- So we spell out in this bill the con- in that State to help improve the eco- gram activity is $22 million less than solidation of funding for some of these nomic opportunities of those who live this current year’s level and $17 million programs so that our bill will reflect in the small towns and rural commu- less than the President’s request, it is the changes and the efforts that have nities, opportunities for jobs, opportu- $30 million more than recommended in been made or proposed by both the ad- nities to enjoy a standard of living that the House-passed bill. So, in conference ministration and the Congress. will be attractive rather than so unat- we will have a challenge to negotiate The administration proposed to con- tractive that people are forced to move what we hope will be an increase in the solidate a number of programs that we into the cities. We think that is bad allocation of funds for these purposes. disagreed with them about—their total public policy, to see the rural commu- For extension activities, the bill pro- number was 12 programs—into some- nities deteriorate to such a point where vides $2 million less than the current thing called the rural performance they are uninhabitable and folks do not year’s level. But that level of funding partnership initiative. But our pro- want to live there anymore. is still $24 million over the House bill posal consolidates only 7 programs, and That is a real problem we face, and level. represents a reduction of 15.9 percent we are trying to do something about For farm credit programs, the bill from the current appropriations level that in the way we are funding pro- provides $3.2 billion in loan levels, versus the House bill, which proposes a grams in this legislation. States have which is an increase of $174 million 17.7-percent reduction. responsibilities, too. Of course, the pri- from the House-recommended level. One thing that we were concerned vate sector does. But we have in this The bill also recommends funding for about—I will have to be candid with bill some special efforts that we hope a new Rural Community Advancement Senators—is that the administration will provide incentives for economic Program. We have recommended the was suggesting almost a block-grant- activity in rural areas and small consolidation of funding for seven rural type approach to the administration, towns. We are going to continue to development grant and loan programs that they could then allocate to State monitor the administration’s activities under one account, consistent with the administrators and give them a wide to be sure they are working. Senate Agriculture Committee’s ac- range of discretion without oversight For discretionary conservation pro- tions on these programs. authority in the Congress for how grams, the bill recommends $6 million

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13692 CONGRESSIONAL RECORD — SENATE September 18, 1995 more than the House level. It also pro- important for us to continue our ef- ate jobs through the sale of agriculture vides $2.9 billion in total rural housing forts on the second track of changing commodities and foodstuffs throughout loan authorizations. This is $457 mil- the law in many areas so that the fu- the world. lion more than the House level and $146 ture requirements for funding will be We are the largest economic exporter million more than the President’s re- less than they are today in those areas of food commodities in the world. This quest. So we are committed in this leg- in which Congress decides to make year we are going to bring into our islation to doing something about rural changes. If we are going to get to that economy a total of about $50 billion housing. balanced budget figure in 7 years, we that would represent the value of ex- The other agencies that are funded in are going to have to make changes not ports that have been generated by our this bill, as I mentioned at the outset, only in the appropriations of funds as farm and food industries. So there is a include the Commodity Futures Trad- these bills come up but, more impor- tremendous amount depending upon ing Commission, the Food and Drug tantly, in the requirements of law that the support activities that we have Administration, and expenses of the force Congress to spend money every funded in this bill. So I hope Senators Farm Credit Administration. year. So this bill contains 80 percent will support the legislation. And we We trust that the funds proposed to mandatory expenditures. would appreciate it very much, if you be appropriated for these agencies To conclude, Mr. President, almost do have amendments, to please bring meet the needs of these agencies. There all agriculture and rural development them to the floor and let us debate is always a request for more funding programs have been reduced below cur- them today, complete our debate on as than we are able to provide because we rent levels to meet the subcommittee’s many as we can so we can pass the bill are cutting spending, and we have to lower discretionary spending alloca- tomorrow. remind those who come to testify be- tions. Further cuts in spending limita- Mr. BUMPERS addressed the Chair. fore our committee that this applies to tions have been necessary to offset the The PRESIDING OFFICER. The Sen- everybody. There is very little oppor- few increases that are provided in the ator from Arkansas. tunity to provide increases. I have bill. Mr. BUMPERS. Mr. President, first, I highlighted some of the increases. But Mr. President, it has been a distinct want to thank my distinguished col- it is very rare to see any account in pleasure and privilege for me to con- league from Mississippi, Senator COCH- this bill that is funded above the cur- tinue to have the honor of working RAN, chairman of this subcommittee, rent level of funding. However, the bill with the distinguished ranking member for his very kind and generous remarks does allow increases in funding for of the subcommittee, Senator BUMPERS directed toward me. And I would like some FDA activities, food and drug ac- of Arkansas. to reciprocate by saying that this com- tivities, supported by the authorized He is my neighbor. He is my friend. mittee has always been marked by a Prescription Drug Act, and mammog- He has been my colleague now in the lot of conciliation and cooperation. I raphy facilities inspection user fee col- Senate for 16 years. I have been here 16 chaired the subcommittee for a couple lections. years. I think he was elected to the of years. I did my very best to collabo- This, incidentally, is the same Senate the same year I was elected to rate and cooperate with Senator COCH- amount as recommended by the other the House. RAN when he was ranking member. And body. So we have been here for long we have had that kind of relationship. The bill also provides a $1 billion enough, I suppose, to know the ac- And I think the Senate would be well Food Stamp Program reserve which counts and to know and understand the served if every committee chairman was not recommended by the House. needs of our States. And this bill re- and ranking member could stand on The administration strongly urged the flects a consensus of Republican and the floor and honestly say that they inclusion of a reserve, and tradition- Democratic interests as represented on have had fine cooperation with each ally there has been a reserve to allow our subcommittee. And I believe that other. for unforeseen activities, economic the bill represents a balanced and re- That is not to say that Senator COCH- problems, natural disasters which sponsible level of funding recommenda- RAN and I have agreed on every jot and would cause an emergency need for tions within the limited resources tittle in the bill. We have not. But con- food stamps that might run the pro- available to this subcommittee. sidering the limitations under which he gram above the expected level of fund- I urge my colleagues to support this has been laboring, namely, what we ing. The administration wanted us to legislation. I know there may be some call the 602(b) allocation, I think he appropriate $2.5 billion, but we think differences of opinion on specific items has performed an outstanding—an out- the amount we have in the bill will be in the bill. But if there are, I hope Sen- standing—job of cutting this budget sufficient to protect the continuation ators will bring them up. If they have dramatically in accordance with the of benefits in the event of any unex- amendments, we will be glad to con- 602(b) allocation and yet funding pro- pected rise in program participation sider them. We hope to be able to com- grams that both he and I believe are levels. plete action on this bill tomorrow. And absolutely critical to rural develop- In addition, the bill provides $20.5 under the unanimous-consent agree- ment and agriculture in this country. million above the House level for the ment, there will not be any votes on Some $40.2 billion, or 63 percent, of Consolidated Farm Service Agency as any amendments today before the hour the total funds in this bill go to fund- well as $10 million for InfoShare. This of 5:15 p.m. ing the Nation’s domestic food assist- is the Department’s project to inte- I also want to thank all the members ance programs: food stamps, national grate its information systems, to im- of the subcommittee who have helped school lunch program, elderly feeding prove service delivery to those who de- us develop this legislation. We had a programs, supplemental feeding pro- pend upon farm and rural service agen- lot of hearings. We had an opportunity grams for women, infants and children, cy activities. to look at the President’s budget re- usually described as the WIC program. Most of the money in this bill—80 quest. Other requests that Members Everybody believes—it is a strange percent—is required to be appropriated have suggested we considered. We have thing—I must say this, some of the so- under the mandates of Federal law. tried to be fair with everybody. And I cial programs which have fallen into Only 20 percent of the total amount hope that Senators will agree and also disrepute around here and everybody funded in this bill is discretionary. And agree that this bill does recommend an wants to cut has not been true of the so when Senators are looking at this investment of funds and an allocation WIC program. Everybody knows that if bill and they are saying, well, we can of available resources that will help a poor pregnant woman does not get a add money or we can take money out, sustain our effort to continue to be the decent protein diet, the child is going you are only going to be able to sug- most productive agriculture economy to be brain deficient. And everybody gest amendments to 20 percent of the in the world. We have a lot at stake in knows that for virtually pennies that total $63.8 billion contained in this bill. maintaining this ability, not only to can be curbed and eliminated. And the The other funds that are appropriated feed and clothe our own citizens here in WIC program is designed to make sure are required to be spent by law. We do the United States, but to use this great that poor pregnant women get a decent not have any choice. That is why it is resource as an economic benefit to cre- diet because we all benefit from that.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13693 I might digress just a moment to say, They are cast out by their families, There are literally hundreds of cor- Mr. President, that everybody in this abandoned by their families through no porations on the list, and virtually world was not so favored as I was. I fault of their own. every one of them are quite able to do chose my parents very well. A lot of In this country, we decided in 1972 these things on their own. people have not had that opportunity. that we did not want street children, I just simply cannot support that. And so this idea of, ‘‘Smell me, why we did not want any child to suffer Last year, we got beat badly. I think can’t everybody be rich and beautiful from lack of food. So that is the reason we got 36 votes last year—37. We only like me?’’ has come into too much we have food stamps. got 37 votes last year to kill this pro- vogue in the U.S. Congress. I use those illustrations simply be- gram. So it seems to me well and There are an awful lot of people who cause they are two of the most power- healthy. The phones are ringing off the never had a chance from day one. And ful I can think of. But back to the WIC wall now by the companies who enjoy some of these programs that everybody Program, we have fully funded WIC, as the few million bucks they get out of thinks were put in over the past years, long as I can remember in this com- that program every year. starting with Franklin Roosevelt, were mittee, whether the Republicans or the It is an amazing thing, is it not, how done just on a whim and caprice or to Democrats are in charge. The Senator everybody knows exactly when these get votes—there is enough of that to from Mississippi has very consciously appropriations bills are coming up. make that characterization credible— and nobly made sure that that program This morning, I watched an ad by the but people should realize that these was fully funded in this budget. Boeing Corp. It shows all these chil- programs were designed to fulfill a pur- Mr. President, while we have an dren in the classroom talking about pose. Why does anybody think we have awful lot of money in this budget, the how wonderful space is, shown inter- Social Security? amount that the chairman and the mittently with people space walking. It Incidentally, now I am not here just committee has to deal with is very just so happens that the space station to deliver a moral sermonette this small by comparison. Out of $60 billion is on the agenda this week. So all these morning, but just to make a few points plus in the bill, virtually all of it is en- ads start flooding television, and I I do not think hurts occasionally. Why titlements, such as food stamps—$28 know that my efforts to kill the space do you think we have Social Security? billion this year, with a $1 billion re- station are probably dead on arrival. serve. The President wanted a $2.5 bil- I am not going to belabor the point. When I think about how we had to lion reserve. That simply is not pos- Everybody knows why we have Social labor over this bill to provide money sible within the framework of the Security. It is because parents were of- for wastewater and drinking water for amount of money with which we had to tentimes sort of thrown on the mercy rural areas, and as we cut education deal. Of the $60 billion plus this com- of society because their children either unbelievably, and as we cut welfare un- mittee deals with, only $13.6 billion is would not or could not take care of believably, as we are now proposing to available to us in outlays; that is, the them. cut the earned income tax credit, So Franklin Roosevelt very wisely money that will actually be spent in which I think is one of the best pro- decided everybody is entitled to a little 1996. So we met our allocation. We cut grams to deal with welfare we have dignity in their old age. And that is the in places where it hurts. ever invented, and then I see us headed reason it is easily the most popular so- The President says he will veto the toward a $94 billion—$94 billion—to cial program that has ever been devel- House bill, for reasons I am not going throw something into space that we oped in this country. And now it is not to belabor here. I do not believe the might use to go to Mars. Forget all particularly a social program because President will veto this bill, though he that medical science research. The it is self-funding. has voiced some concerns. And why is it we have food stamps, So, Mr. President, having said all of Russians have had space stations up for which is within the jurisdiction of this those things, I would be remiss if I did 20 years. If they have gotten anything committee? We have food stamps be- not say there is one thing that still out of it, they have very carefully cause we made a conscious decision in troubles me about the bill and the only guarded it. Nobody knows what it is. about 1972 that we did not want any really serious disagreement—and this We have been sending shuttles up for child in this country going hungry. is a friendly disagreement with my dis- as long as I can remember now, and I just returned from a trip abroad tinguished chairman—and that is the what have we gotten out of it? I no- which included Mongolia. I notice that Market Promotion Program. ticed this week they developed some the First Lady visited Mongolia about Both the House and Senate have tools that they say will work to put a week after some of us were there. funded the Market Promotion Pro- the space station together. You always learn more on those trips gram, I believe, at $110 million. The I do not want to do the space station than you think you are going to. House put $110 million in, and that is debate here. I am simply saying that Ulaanbaatar, the capital of Mongolia, what the Senate bill has. Senator the deficit is the No. 1 problem in the which is struggling to democratize, BRYAN and I will attempt to strike country, and everybody wants to do which needs our help, has 4,000 children that from this bill at some point dur- something about it, including yours under 10 years of age on the streets. ing the deliberation on it. truly. I have been standing back there And they die in the wintertime. Again, I am not going to belabor that at my desk since I have been in the Strangely enough, that city’s motto is except simply to say I have always— Senate saying that. It is a question of ‘‘The coldest capital in the world.’’ no, not always, I think I may have sup- priorities. We do not need the space They need a new PR agent. I cannot ported this once or twice—but for the station; we need to educate our chil- imagine anybody wanting to visit a past 3 or 4 years, I have been very dren. We do not need the Market Pro- city because it is the coldest city in much opposed to the Market Pro- motion Program; we need to build the world as a capital city. motion Program because it gives water and sewer facilities for our rural But my wife Betty, who has spent her money to the biggest corporations in people under the heading of rural de- life in children’s programs, got ex- America to help them sell not wheat, velopment. We need it for Head Start. tremely concerned about that when we not corn abroad—we have $2 billion in This morning when I went down- got there and discovered that. And she export incentives now, this is only $110 stairs, Betty was sitting with a man went to some of the facilities where million. This helps McDonald’s, for ex- who used to be the dean of the depart- they care for children. And she said ample, introduce the Big Mac around ment of public health at Harvard, How- these children—they have a central the world. ard Hyatt. Over the years, because of heating system there, which serves vir- I do not know what McDonald’s sales Betty’s activities in the immunization tually the whole city. Can you imag- are. My guess would be somewhere be- programs and the peace movement, she ine—can you imagine being dependent tween $10 billion and $15 billion a year. got to know Dr. Hyatt. He is secretary on one gigantic pipe to heat an entire My question is, why on Earth should of the American Academy of Arts and city? Well, anyway, these children live we be subsidizing McDonald’s? Why Sciences. So I got a chance to visit in those pipes in the wintertime, but should we be subsidizing Gallo Wine, with him for about 30 minutes before I even so they die in great numbers. another company not exactly a pauper? came to work.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13694 CONGRESSIONAL RECORD — SENATE September 18, 1995 He says the American Academy of products. One or more of the Senators At the appropriate place, insert the fol- Arts and Sciences have a lot of projects from California will offer an amend- lowing: going, but one of their new ones is lit- ment on that subject. So that amend- SEC. . BOARD OF TEA EXPERTS. eracy. That does not sound very sexy; ment is exempted from this proposal. None of the funds appropriated under this With that explanation, Mr. Presi- Act may be used for the salaries or expenses everybody talks about literacy. But of the Board of Tea experts established under what they want to do, of course, is to dent, I ask unanimous consent that the section 2 of the Act entitled ‘‘An Act to pre- develop a program, as they are doing in committee amendments to H.R. 1976 be vent the importation of impure and unwhole- a pilot program in Boston right now, to considered and agreed to, en bloc, with some tea’’, approved March 2, 1897 (21 U.S.C. try to develop early intervention, the exception of the portion of the 42). which is the key to everything. If a committee amendment appearing on Mr. REID. Mr. President, I have child cannot read, the child has not a page 83, line 4, down through and in- heard my friend, the senior Senator dog’s chance. cluding line 2 on page 84, provided that from Arkansas and ranking member So I told him I would try to help. no points of order are waived thereon, and comanager of this bill, on many oc- That is what Head Start is all about, and that the measure, as amended, be casions stand on this floor and talk early intervention, teaching children considered as original text for the pur- about things he has done or tried to do to read. pose of further amendment. over the years that keep coming back. Mr. President, one of the things The PRESIDING OFFICER. Is there Well, this amendment takes second fid- trendy in this country is everybody objection? dle to none of the amendments that the wants to jump on agriculture. You read Without objection, it is so ordered. Senator from Arkansas has offered. all those stories lately about how ter- So the committee amendments were Mr. President, 2 years ago, I offered rible agriculture is and how much they considered and agreed to, en bloc, with an amendment to do away with a tea suck out of the Federal Treasury. The the exception of the committee amend- tasting board. The amendment passed. truth of the matter is, the American ment beginning on page 83, line 4, Everyone thought the tea tasting farmers still produce food for the through page 84, line 2. board was history. Wrong. This organi- American consumers at a smaller price Mr. COCHRAN. Mr. President, I hope zation, which was founded and formed than any nation on Earth. Happily, Senators will—as suggested by the dis- in 1897, is back with a vengeance. How? commodity prices are at a point now tinguished Senator from Arkansas— No one seems to know. But it is back where these subsidies do not amount to come to the floor now and offer amend- spending taxpayers’ money tasting tea. nearly as much as they used to, but ev- ments. We will be happy to debate Mr. President, this amendment is of- erybody wants to do away with them. them and consider them. fered on behalf of myself and Senator We produce rice in our State and we Mr. President, I suggest the absence BROWN of Colorado. I would like the will ship it to Japan for $250 a ton. The of a quorum. RECORD to reflect that. Japanese farmers get $900 a ton for The PRESIDING OFFICER. The Mr. President, when I offered this growing rice in their own country. clerk will call the roll. amendment 2 years ago, there was gen- Mr. President, I understand that Sen- The bill clerk proceeded to call the eral acceptance that this was the right ator REID has an amendment and will roll. thing to do. Why? Because it does not be here shortly to offer it. I hope that Mr. BUMPERS. Mr. President, I ask seem appropriate anymore that we during the course of the day, we can unanimous consent that the order for need people to swish tea around in dispose of some of these amendments, the quorum call be rescinded. their mouth to determine if the texture start voting on them at 5:15 this after- The PRESIDING OFFICER. Without is right and the taste is just right. This noon, and finish this bill no later than objection, it is so ordered. is an anachronism that should have tomorrow. PRIVILEGE OF THE FLOOR gone out right after the turn of the Again, my sincere thanks and con- Mr. BUMPERS. Mr. President, I ask century. Yet, with the new century fast gratulations to Senator COCHRAN for unanimous consent that Phil Schwab, approaching, they are still swishing the magnificent job he has done under a congressional fellow in the Demo- tea. unbelievably difficult circumstances. cratic leader’s office, be granted floor I have learned in recent months that I yield the floor. privileges during floor consideration of my efforts to eliminate the Board of Mr. COCHRAN. Mr. President, I the agriculture appropriations bill. Tea experts somehow was lost in the thank the distinguished Senator from The PRESIDING OFFICER. Without bureaucratic shuffle that takes place Arkansas for his kind remarks and for objection, it is so ordered. during the conference held on this bill his help and hard work in putting to- Mr. REID addressed the Chair. and that takes place in the bowels of gether this legislation. The PRESIDING OFFICER. The Sen- the Agricultural Department. When we presented this bill to the ator from Nevada. There is no reason for this tea tast- full Committee on Appropriations, a Mr. REID. Mr. President, I ask unan- ing board. The reason people are upset number of committee amendments imous consent that the pending com- with Government is because of things were adopted and approved at that mittee amendment be temporarily laid like this. You would think that a group point. I am going to propose a unani- aside. of gentlemen and ladies working to- mous-consent request that these com- The PRESIDING OFFICER. Without gether would have had the courtesy to mittee amendments be considered and objection, it is so ordered. say, ‘‘Senator REID, we are going to agreed to, en bloc, with some excep- AMENDMENT NO. 2685 keep the Tea Tasting Board; we do not tions which will include two amend- (Purpose: To prohibit the use of any funds care what you do on the floor.’’ But ments that we adopted, one of which appropriated under this act for Board of rather than do that, they sneak around had to do with an earmark of funds Tea experts) in the dark of the night in some office that would be available to the Sec- Mr. REID. Mr. President, I send an room here in Washington and figure retary of Agriculture for additional amendment to the desk and ask for its out a way to thwart the will of Con- and supplemental disaster assistance immediate consideration. gress. and, in addition, to the catastrophic The PRESIDING OFFICER. The My amendment passed both bodies 2 crop insurance benefits that are avail- clerk will report. years ago, but the Board is still here. able to agriculture producers. During The bill clerk read as follows: This is the reason people are upset the full committee markup, Senator The Senator from Nevada [Mr. REID], for about Government. KERREY of Nebraska indicated that he himself and Mr. BROWN, proposes an amend- Is there a single human being in the would offer an amendment to strike ment numbered 2685. United States that favors a tea tasting that provision. So that is exempted Mr. REID. Mr. President, I ask unan- board or the Board of Tea experts? Is from this request. imous consent that reading of the there anybody that favors this? The There is also a provision in the bill amendment be dispensed with. answer is no, unless you are one of the dealing with a regulation promulgated The PRESIDING OFFICER. Without tea tasters. There is no reason for this. by the Department of Agriculture re- objection, it is so ordered. Yet, we are spending a couple hundred lating to the labeling of frozen poultry The amendment is as follows: thousand dollars a year of taxpayers’

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13695 money having people meet in some Senator from Nevada. I am not about that, that the FDA does have some re- fancy office room and swish tea around to stand here and defend an appropria- sponsibility, under its authority to in- in their mouth. tion for a tea-testing board. We will ac- spect imported foodstuffs, to determine I see no reason, Mr. President, why cept his amendment.’’ whether they are safe for human con- those in this country who enjoy drink- Well, maybe what we need to do is sumption. There is some authority for ing tea need someone else to tell them get a vote on this thing. When the them to inspect imported foods, and what tastes good. I guess I should not managers of a bill, I learned a long this is an imported consumable food, feel as upset as I am, because I have to time ago, say they will accept an but that no funds would be used that tell you, these tea tasting people have amendment, I think that is usually the were appropriated especially for paying resiliency. When I was a little kid, we way to go but maybe what we need to expenses of this Board of Tea experts. would chase lizards, grab a lizard and do is have 100 Senators walk up here Our recollection is that industry de- sometimes jerk off the tail by mistake. and vote on this tea-testing board and cided that they would provide the But it did not matter, the tail grew maybe that will send a bigger message funds to carry out the work that was back. to the House and maybe to these people being done. These tea-tasting people are just like in the Agriculture Department that I thought that is what was being the lizards. You grab them and jerk there are certain things we need to get done. We are checking with the FDA something off and they are right back. rid of. right now to get a reaction from that I repeat, I should not feel alone be- Now, Mr. President, I have worked on agency and to find out exactly what cause President Nixon tried to get rid other things that are really hotly con- their side of the story is. Are they of the tea-tasting board. They out- tested and debated issues. The wool using funds we are appropriating after smarted him. He was not easy to out- and mohair subsidy; that was an issue we have specifically prohibited the use smart. that had some merit on both sides. I of Federal funds for that purpose? I tell you, Mr. President, as long as I acknowledge that. I want to know the answer to that am here, I am going to stand and talk As the Senator from Mississippi and because I agree with the Senator from about this board of tea experts and tell the managers of this bill know, either Nevada, if we have legislated a prohibi- the American people what an absolute on this bill or at some subsequent tion on the use of appropriated funds waste of taxpayers’ money it is to have time, I am going to do some work on and this agency continues to use funds them spend $200,000 a year swishing tea the sugar subsidy. There are merits on that are not authorized, we need to around in their mouths so they can get both sides of that. I understand that. know about it. We need to get some- their expenses paid for a little jaunt to The same on the peanut subsidy. Al- body up here to answer to that. wherever they hold this event every though I think we should get rid of the I am sympathetic with the amend- year. sugar subsidy and peanut subsidy, ment the Senator is offering. I urge the The tea expert board was created as there is at least an argument that can Senate approve it. part of the Tea Import Act of 1897. I did be made for those programs. No one is If, in fact, they are not using appro- not make a mistake. I did not say 1987, going to get on the floor and defend a priated funds, I do not see any point in I said 1897. There are six outside ex- Board of Tea experts. kicking a dead mule. We could bring perts and there is even a person from Mr. President, I think we should have the dead mule in here and have all 100 the FDA that comprises this board. a vote on this. I think we should walk Senators line up here and come kick it They are supposed to set standards in here and rather than have this just if that would make us all feel better, for tea. As part of their duties, of accepted, I think we will have a vote but I do not see any point in going course, they taste this tea. As I have on this, whether the U.S. Senate really through that. I do not see any need for indicated, Mr. President, the cost of sincerely wants to send a message to voting on it if it is not happening and this is about $200,000 a year. The indus- the Agriculture Department that we they are not using the appropriated try brags that they offset this by about ought to get rid of this. We want to money. I sympathize with the Senator $70,000 a year with some fee they send a message to the Federal Govern- and appreciate his bringing it to the charge the tea importers. ment generally, these are the kinds of floor of the Senate. This might not seem like a lot of programs that are wasteful and we Mr. REID. Mr. President, I appreciate money when we talk about billions of need not spend taxpayers’ money on the manner in which the Senator from dollars every year. This is the kind of them. Mississippi has responded. I could not thing that causes people to lose their When we are cutting personnel to our agree more. The information we have is good feeling about government. National Park System, when we are de- until recently the American taxpayers No matter how often you stamp this bating how much we are going to hurt directly paid more than 60 percent of insect out, it comes back. Nobody agriculture, when we are talking about the Board’s $200,000 annual cost. wants them. We have to do away with Medicare cuts, can we not cut, once In 1993, the cost was shifted to the this. and for all, the tea-tasting board? American Tea Consumers by raising Now, I think that probably the Food Mr. President, I understand the the fee of 3.5 percent per hundred and Drug Administration and other or- unanimous-consent request that was weight of tea imported to 10 cents. ganizations may need to set some granted last Friday that we will have Nonetheless, the taxpayers continue to standards on tea. I hope so. Just like votes at a later time. On this amend- fund the salary of the chief tea taster, they set standards on other things that ment, I ask for the yeas and nays. maintain the Federal tearooms, and are imported. But a tea-tasting board? The PRESIDING OFFICER. Is there a other related activities. That is what A Board of Tea experts? I think the sufficient second? There is a sufficient the taxpayers should not be involved only tea party we need is a congres- second. in. sional tea party to once and for all The yeas and nays were ordered. I am all for the Food and Drug Ad- drown the organization. Put it out of Mr. COCHRAN. Mr. President, as the ministration making sure that the tea its misery. There is not anybody in the Senator discussed his amendment, I re- that is very popular in this country is United States that is going to stand up called that we had this issue before the safe and is good to drink. But, Mr. and cheer for the Board of Tea experts. Senate, as he said, 2 years ago. My President, we have coffee, we have all It seems inappropriate and, I think, recollection is that we agreed at that other kinds of programs that the FDA morally reprehensible to expend mon- time that there should not be any Fed- is involved in, and we do not believe we eys from the Treasury for a program eral funds appropriated by the Con- need a board of coffee experts. like this. gress for this Board of Tea experts, and I accept what the Senator has said. If Mr. President, I always try to do we specifically included language in it can be shown, of course, they are not things the right way. Maybe what we the bill that prohibited any funds ap- doing this—which I think will be hard should do is have a vote on this. I have propriated in the legislation be used for to show, because vouchers have already the exact words of the Senator from that purpose. been expended—I will be happy to with- Arkansas—the exact words. ‘‘I have I am told, as we were sitting here draw my request for a recorded vote. I some very good news indeed for the trying to recall the exact details of really think Senator BROWN and I have

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13696 CONGRESSIONAL RECORD — SENATE September 18, 1995 something to say, and that is let us continue to enjoy working with him on send an amendment to the desk and stop this. This is outrageous. matters of mutual concern that come ask for its immediate consideration. I appreciate the support of the man- before the Senate. The PRESIDING OFFICER. The agers of the bill. Mr. President, I do not know we have clerk will report. The PRESIDING OFFICER (Mr. adopted the amendment. We probably The assistant legislative clerk read DEWINE). The Senator from Arkansas. need to do that. as follows: Mr. BUMPERS. Mr. President, I, like If there is no further debate, we ask The Senator from South Dakota (Mr. the Senator from Mississippi, thought the amendment be agreed to. DASCHLE), for Mr. KERREY, for himself and we put this thing to bed 2 years ago. I The PRESIDING OFFICER. If there Mr. KOHL, proposes an amendment numbered may be mistaken. These things have a be no further debate, the question is on 2686 to committee amendment on page 83, way of resurrecting themselves, even agreeing to the amendment. line 4, through page 84, line 2. when Senators think they have taken The amendment (No. 2685) was agreed Mr. DASCHLE. Mr. President, I ask care of it. But I think the vote, if there to. unanimous consent that reading of the is a rollcall vote, will be 100 to zip to Mr. COCHRAN. Mr. President, I move amendment be dispensed with. discontinue this program, or at least to reconsider the vote. The PRESIDING OFFICER. Without discontinue any Federal taxpayers’ Mr. BUMPERS. I move to lay that objection, it is so ordered. money being used in it. motion on the table. The amendment is as follows: I hope either way the Senator will vi- The motion to lay on the table was On page 83, strike line 4 through line 15; tiate his request for the yeas and nays agreed to. On page 43, line 17; strike $528,839,000 and because rollcalls take 20 to 30 minutes. Mr. COCHRAN. Mr. President, we do insert in its place $563,839,000; know of a number of amendments Sen- On page 52, line 18; strike $17,895,000 and in- My guess is, the way we compute costs sert in its place $22,395,000; of the operation of this body, the roll- ators intend to offer to this legislation. On page 52, line 24; strike $30,000,000 and in- call vote will take up almost enough We hope we can proceed to consider sert in its place $37,544,000; time to cancel out any savings we get them in an orderly way. It would be a On page 55, line 1; strike $1,500,000 and in- by torpedoing the Tea Board. So I hope shame to have periods of time when we sert in its place $3,000,000. the Senator will think about that dur- do not have amendments being debated Mr. DASCHLE. Mr. President, I ask ing the day and possibly vitiate his re- or considered by the Senate during unanimous consent that the amend- quest for the yeas and nays, because I today and then wait until tomorrow ment be laid aside until later today. can assure him, every single Senator in and everybody wants to offer their The PRESIDING OFFICER. Without the U.S. Senate feels the same way he amendments tomorrow just before we objection, it is so ordered. does. are going to vote on final passage. Mr. DASCHLE. Mr. President, I sug- Mr. REID. Mr. President, let me re- So I encourage Senators to come to gest the absence of a quorum. spond to the managers of this bill. The the floor now, as Senator REID from The PRESIDING OFFICER. The only reason we need a rollcall vote is Nevada has done, to present their clerk will call the roll. so the Senate is on record strongly sup- amendments and let us dispose of the The assistant legislative clerk pro- porting this amendment. I have the amendments or at least debate them, ceeded to call the roll. greatest confidence in the Senator and if we need to have record votes Mr. DOLE. I ask unanimous consent from Mississippi and the Senator from then we will order record votes. We that further proceedings under the Arkansas. I do not know of two more could have a record vote—I know at quorum call be dispensed with. qualified people to handle an appro- least one is ordered under the agree- The PRESIDING OFFICER. Without priations bill, especially an agriculture ment, maybe two; one, at least, after objection, it is so ordered. appropriations bill, than these two dis- 5:15 today. Then the other votes, if Mr. DOLE. Mr. President, let me in- tinguished Senators. they are needed, will occur tomorrow. dicate to my colleagues that we are on Therefore, based on the statements We have an order already entered for the Agriculture appropriations bill. that they just made and regardless of two amendments to be voted on, and The managers are available, ready to what we find out during the course of final passage of the welfare reform bill do business, but nobody is coming forth the day from our staffs, which I think tomorrow at 2:45. There is a period of with amendments. So I urge my col- will confirm basically what I have stat- time tomorrow set aside for concluding leagues on both sides of the aisle to ed here today—but based on the assur- remarks on welfare reform. bring over their amendments. Senator ance they will do everything they can So as Senators can see, we need to COCHRAN is here. Senator BUMPERS is to make sure the conference language make progress today so we can com- available. They are ready to do battle is very clear that the Federal Govern- plete action on this bill and all amend- or do business, whichever. ment should no longer be involved in ments to it, if at all possible, by noon We need to finish six appropriations the Board of Tea tasting experts, if tomorrow. That was our commitment bills before October 1. As I have also in- they need one let it be paid for out of to the majority leader when we were dicated, if we finish the six appropria- the private sector, I withdraw my re- authorized to take this bill up today, tions bills, there is a possibility we will quest for a recorded vote. and that is why we began on the bill at have a recess period for 5 days, which I I also believe each time 100 Senators 10 o’clock, so Senators could come and hope will be an incentive to some of my come over here with staff and every- offer their amendments and have them colleagues to speed up the process. thing, it costs the taxpayers money debated today. So we hope Senators So, after this bill tomorrow, of and we should not do that needlessly. will cooperate with the managers of course, we will vote on the historic So based upon what they have just the bill in that regard. welfare reform bill at probably about stated here on the Senate floor, I ask Mr. President, I suggest the absence 3:30, after disposing of a couple other unanimous consent my request for a of a quorum. amendments. But we would like to recorded vote on the amendment now The PRESIDING OFFICER. The complete action on the ag appropria- before the Senate be withdrawn. clerk will call the roll. tions bill by noon tomorrow and then The PRESIDING OFFICER. Without The bill clerk proceeded to call the move to another appropriations bill, objection, it is so ordered. roll. possibly foreign operations, which we The Senator from Mississippi. Mr. DASCHLE. Mr. President, I ask think we could finish in a day and a Mr. COCHRAN. I thank the distin- unanimous consent that the order for half. And then it gets a little more dif- guished Senator from Nevada not only the quorum call be rescinded. ficult. But my view is, with the co- for his decision to vitiate the yeas and The PRESIDING OFFICER. Without operation of everyone with the man- nays on his amendment, but for his objection, it is so ordered. agers, we could complete action, say, kind comments about the managers of AMENDMENT NO. 2686 TO COMMITTEE AMEND- by September 30, a week from Satur- the bill and our efforts to manage this MENT ON PAGE 83, LINE 4, THROUGH PAGE 84, day, probably with a Saturday session. bill for the Senate. He is a good friend LINE 2 We probably would not finish all the and one of the best friends I have in the Mr. DASCHLE. Mr. President, on be- conference reports, but at least have Senate. I admire and respect him. We half of Senators KERREY and KOHL, I completed action on the appropriations

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13697 bills. That would help avoid what some question Members will have to ask It was the sense of the Senate at that have referred to as a train wreck be- themselves is whether or not it is the time, and we debated the issue then cause we could continue the Govern- Government’s responsibility, through and we agreed, that there should be in ment with a continuing resolution. It the tea-tasting board of experts to de- the legislation a prohibition against would not be a very—we can do that termine what tea is allowed to come the use of funds to pay the costs of this quite easily. into this Nation and which ones these Tea Board, this expert Board of per- On behalf of the managers, I want to experts should exclude. sons, one of whom had to be employed make a plea to my colleagues on both I have great faith and confidence in under this law the Senator from Colo- sides of the aisle that they are here, the ability of consumers in this coun- rado talks about to serve on this board. they are ready for business, and we try to determine for themselves what I have no quarrel whatsoever with in- would like to complete action on this tea they like and what they do not sisting upon the language that has pre- bill by noon tomorrow. Thank you. like. As a matter of fact, it seems ludi- viously been approved by Congress on Mr. BROWN addressed the Chair. crous that in this day and age that we this subject. We have inquired already The PRESIDING OFFICER. The Sen- should have delegated to a Government this morning about the reaction of the ator from Colorado. board or agency the ability to decide FDA to accepting the language offered AMENDMENT NO. 2687 TO COMMITTEE AMEND- which tea is permissible to enter into by the Senator from Nevada earlier MENT ON PAGE 83, LINE 4, THROUGH PAGE 84, the Nation. today. We have accepted that amend- LINE 2 So this amendment is quite straight- ment. It has been approved by the Sen- (Purpose: To eliminate the Board of Tea forward. It forbids the FDA to pay for ate on a voice vote. He, likewise, had Experts) the employees or eliminates from the asked for the yeas and nays and agreed Mr. BROWN. Mr. President, I rise to bill the ability to pay for the employ- to vitiate the yeas and nays. I do not offer an amendment and ask for its im- ees that FDA is required to hire. It also know of anybody who is going to vote mediate consideration. repeals the Tea Importation Act. against the amendment. The PRESIDING OFFICER. The Mr. President, some will say there is I certainly am not going to defend clerk will report. danger to consumers here. Someone the continued use, if it is going on, of The bill clerk read as follows: could get a bad cup of tea if this federally appropriated funds for the so- The Senator from Colorado [Mr. BROWN] amendment is adopted. Indeed, Mr. called tea tasters that the Senator proposes an amendment numbered 2687 to President, I suspect that is true. It is from Nevada and the Senator from Col- committee amendment on page 83, line 4, also possible whether this Board exists orado have brought to our attention through page 84, line 2. or not. But this, more than anything, again. At the appropriate place in the amendment I do not know what the reaction of insert the following: is an effort to bring competition to our (a) None of the funds appropriated or made economy and eliminate artificial bar- the distinguished Senator from Arkan- available to the Federal Drug Administra- riers to trade and to competition. sas to this amendment would be. The tion by this Act shall be used to operate the Moreover, it says a lot about what we only thing that is new in this amend- Board of Tea Experts and related activities. envision the purpose is of the Federal ment that was not contained in the (b) The Tea Importation Act (21 U.S.C. 41 Government’s role. Those who think Reid amendment is the repeal of a leg- et seq.) is repealed. the Federal Government should have islative enactment which is spelled out Mr. BROWN. Mr. President, I am not an all-pervasive role will want to re- in the amendment offered by Senator sure the amendment makes it clear, tain those people who gather periodi- BROWN. but I ask unanimous consent that this cally to taste tea from around the I hope that we will refrain from using be considered as an amendment to the world at Government expense, at least this appropriations bill as a vehicle for committee amendment that is before for the employees’ salary. But others the adoption of amendments that the body at this point. will think that Americans are com- strike out previously enacted legisla- Mr. President, I know the body has petent and capable enough to decide tion. This is not a bill to rewrite farm already discussed the tea-tasting what tea they want. legislation, Food and Drug Administra- board. The distinguished chairman of Mr. President, I ask for the yeas and tion authorities, or any other legisla- the Appropriations Subcommittee has nays. tive enactment. It is not appropriate correctly pointed out we no longer fund The PRESIDING OFFICER (Mr. on this bill to revisit the body of Fed- in the ag bill the cost of their activi- KYL). Is there a sufficient second? eral law on a number of different sub- ties, at least in terms of their per diem. There appears to be a sufficient sec- jects, including the authorization for As I understand it right now, the per ond. this so-called inspection or tea board. diem of $50 a day is now paid for by the The yeas and nays were ordered. So I hope that Senators will not get tea-tasting experts themselves. In addi- Mr. COCHRAN. Mr. President, if the the idea that since I am not opposing tion, they pay their own cost of travel Senator has completed his statement this amendment that I agree that it is and living expenses going to and from and yields the floor, let me say we al- the thing to do, to take up proposals to Washington to perform their duties. ready this morning had an opportunity repeal certain previously enacted laws But, Mr. President, there also exists to talk about this issue during the dis- by the Congress. in our Federal law a requirement for cussion of the Reid amendment, the I know there are Senators who want the Food and Drug Administration to amendment offered by the distin- to make changes in different kinds of pay for the employees that sample the guished Senator from Nevada. We dis- farm program language. I hope that tea. And that is what this amendment cussed during the pendency of his Senators will resist offering those on gets at. It gets at that cost that is amendment the fact that 2 years ago this bill and wait until we have the mandated by the Tea Importation Act an amendment was adopted on the farm bill on the floor, wait until the by repealing it. floor of the Senate prohibiting the use Agriculture Committee has completed Thus, this amendment will not only of any appropriated funds to pay the its review of all laws on the subject of forbid the paying of the salaries by the expenses or the costs of this so-called production agriculture and food inspec- FDA employees, but will also repeal Tea Board. tion and the like. If there are amend- the Tea Importation Act. Mr. Presi- It was our understanding at the time ments that should be made to existing dent, this is a significant step because that FDA, as part of its responsibility laws on those subjects, it seems to me it says a lot about our commitment as to inspect imported food consumables, the best practice would be to wait until a country to competition. had a role to play in determining the we have that bill on the floor and offer Currently, the Tea Importation Act fitness for human consumption of im- the amendments at that time to that can be used to keep out a product from ported tea because it was an imported legislation. the United States. In effect, what it consumable product, and that was the This bill appropriates money to fund does is give to the industry the ability justification Congress was given when the programs, it does not write the au- to determine what quality is allowed to inquiries were submitted to the agency thority to fund the programs. So we come into the United States, rather about this program and the need for are not talking in this amendment than our consumers. The fundamental these funds. about a funding level, except to say,

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13698 CONGRESSIONAL RECORD — SENATE September 18, 1995 and I agree with the Senator, that we statutory language that may be af- Mr. President, the first and only should prohibit the use of funds appro- fected by this amendment. term that I served in the Colorado priated in this bill to carry out the ac- But if we find that there is a legiti- State Senate was a wonderful experi- tivities described in the Senator’s mate responsibility to determine ence. In 1973, I got a chance to observe amendment. whether or not imported foodstuffs will human nature. Colorado had a statute So with that caveat, I suggest that be dangerous for human consumption on its books that provided for the test- we accept the amendment. I hope the by citizens of the United States, that is ing of plumbers. The State of Colorado Senator will consider vitiating the another matter. I hope, as we proceed wanted to make sure, I guess, that yeas and nays. I do not know of any with the consideration of this issue, there were not any unqualified plumb- Senator who would vote against this. whether it is in the markup of the agri- ers preying on the public. So they Maybe it is controversial, but I do not culture legislation this year, the re- would test plumbers for their ability to think it is controversial to me. I think writing of the farm bill, or wherever perform services. On a regular basis, of the Senator is on the right track, and else we might have to consider this, the plumbers that applied, 90 to 95 per- we ought to do what he says. that we keep in mind that the FDA is cent would pass the exam. Sometimes The PRESIDING OFFICER. The Sen- not in the business, or should not be in 100 percent passed. It was not a terribly ator from Colorado. the business, of just determining tough exam. Mr. BROWN. Mr. President, this is whether food tastes good, but whether Colorado, like Arizona and Mis- somewhat different than the Reid it is dangerous, whether it has poten- sissippi, had gone through years of amendment that was offered earlier in tial harm or consequences. I think we growth. There were always jobs for the day in this respect: It does repeal do want to keep in place the authority plumbers in the State. Many came in the underlying act which the distin- for those determinations. from out of State. I think they were guished chairman from Mississippi has Having said that, I think the Senator drawn not only by Colorado’s beautiful just outlined for the Senate, one other knows what he is doing, and he is not environment but, I think and suspect, thing in terms of cost. trying to put anybody in jeopardy of by the job availability as well. The Reid amendment eliminated the contaminated imported tea. We will But there was a downturn, as Mem- salaries for the Board of Tea experts. It make sure that, as we review this stat- bers will recall, in 1973 and 1974. In 1974, did not eliminate the funding of the utory language, either on this or other the passage rate on the exam dropped. salaries of the staff. I am advised that legislation, we keep in mind that im- All of a sudden, plumbers coming into the FDA’s field force expanded by 6.9 portant consideration. the State, instead of 90 to 95 percent direct FTE’s in support of the Tea Im- The PRESIDING OFFICER. Is there passing, some 70 to 80 percent flunked portation Program. The average cost is further debate on amendment No. 2687? the exam. What caused this dramatic $6,000 per FTE, and the program cost Mr. COCHRAN. Mr. President, I am drop in the qualifications of plumbers? the agency approximately $52,500. That told Senator BUMPERS, the distin- Was it the degradation of their abili- was in fiscal year 1994. So it is slightly guished manager on the Democratic ties? No. It was a surplus of plumbers different than the Reid amendment in side of the legislation, wishes to ex- within the State. The fact was, what that it repeals the underlying Tea press his views on this amendment. So they did was they used a Government Tasters Act and it also eliminates if the distinguished Senator will per- board to test and determine who is funding for the staff, which the Reid mit me, I ask unanimous consent that qualified for admittance into the State amendment did not. we set aside, temporarily, this amend- in the profession of plumbing as a way I very much appreciate the distin- ment so that he may proceed to offer of eliminating competition. So when guished chairman’s support of the whatever other amendments he may prices were in the process of dropping, amendment. In light of that, I ask wish to offer at this time; or if he they used the Government tool that unanimous consent to withdraw my re- would like to debate this issue further, had been handed them as a way of quest for the yeas and nays. that we proceed to do that. I would not eliminating new competition. The PRESIDING OFFICER. Without want to go to a vote on the amendment objection, it is so ordered. until the Senator from Arkansas has Leaving this tea tasters statute on Mr. BROWN. Mr. President, I ask had an opportunity to be heard. the books gives the industry a handle unanimous consent that Senator ABRA- Mr. BROWN. Mr. President, I thank to use against someone who might try HAM be added as a cosponsor. the Senator for that. Certainly that is to cut prices. It leaves the industry a The PRESIDING OFFICER. Without appropriate. There are a couple of handle they might use against some- objection, it is so ordered. points I thought might be worthy of body who would flood the market and Mr. COCHRAN. Mr. President, one making. reduce prices for the consumer and in- other caveat, if the Senator has com- This underlying act was passed origi- crease competition. pleted his statement. We have inquired nally in 1897. It is nearly a century old. I think that concept, as well as that of the Food and Drug Administration Perhaps its length of time says some- fear, that concern—we, the Govern- what requirements of law, if any, thing about the need to take a fresh ment, ought to be about protecting and might be repealed by this amendment look at it. The language of the act helping the consumer, not endangering related to their obligation to inspect talks about the purity and quality and the consumer, which is what has drawn on the basis of determining the fitness fitness of imported tea. Largely, purity me to offer this amendment. It is not for human consumption of imported and quality, it strikes me, are con- just the waste of money under current consumable products. And we are ad- sumer decisions, not decisions appro- circumstances. I guess in 1994, we men- vised that the FTE’s, the staff hours priate for the Government. tioned $253,500. It is not just that waste that are used for this purpose, are di- Certainly, the chairman hits the nail of money. It is the concept that we rectly related to the obligation of the on the head when he says the FDA has would place in the hands of an industry FDA to certify the fitness for human a responsibility to make sure that we the ability to restrict or penalize peo- consumption of imported foodstuffs. So do not have poisonous foodstuffs harm- ple who might reduce the ability to I am told that is their reaction. So ing consumers, and that function, I bring in a product, to reduce prices, that is not the sole purpose of the em- think, is clearly established under and provide options for the consumer. ployees who are described by the Sen- other sections of the law. It seems to me that we need to be ator from Colorado, to see whether or Right now, only about 1 percent of very wary about items that reduce not the tea tastes good. That has been the 209 million pounds of tea imported competition. There is the potential the big issue. every year is currently rejected due to that this statute could be abused in a It sounds kind of ridiculous that peo- bad quality. But, Mr. President, I think difficult market. That is why I think ple are telling us whether tea tastes what is important here is the potential repealing the underlying statute is so good or not. Anybody can decide of an industry abusing this kind of law important, not just for the cost, not whether or not something tastes good. to discourage price cutting and to re- just because of the concept of what That is not what we are suggesting strict competition when there is a glut Government should and should not do, ought to be protected in terms of any on the market. but because of the potential abuse of

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13699 this statute in an anticompetitive fash- Mr. BROWN. Mr. President, this competitive in the world market, goug- ion. amendment is different than the pre- es American consumers for between Mr. President, I yield the floor. vious amendment. What it does is deal $300 and $500 million a year, and im- I suggest the absence of a quorum. with the expenditures for administra- pacts the Treasury by $120 million a The PRESIDING OFFICER. The tive costs for the peanut program. It year for the program itself. clerk will call the roll. does not attempt to modify or repeal This amendment is modest. All it The bill clerk proceeded to call the the underlying program itself. does is talk about saving the $2 million roll. The reason I do not attempt to repeal of administrative costs. Mr. President, Mr. COCHRAN. Mr. President, I ask the underlying program is because, as I it is $2 million we ought to save. unanimous consent that the order for understand it, the Agriculture Com- Farmers in America are the most the quorum call be rescinded. mittee is diligently reviewing the pea- competitive farmers in the world. They The PRESIDING OFFICER. Without nut program and will have rec- are productive. They are creative. They objection, it is so ordered. ommendations. My understanding is are efficient. The areas where the Mr. COCHRAN. Mr. President, I have that those recommendations are in ef- Americans are not competitive, the conferred with Senator BUMPERS’ staff fect necessitated by the fact that the areas where the American economy has and also conferred with the legislative passage of the NAFTA agreement has fallen behind the rest of the world are committee staff that has jurisdiction opened up our market which is a pro- areas where we have not had vigorous over the Food and Drug Administra- tected market, in which peanuts sell competition. Areas where we do have tion in this specific legislation which is for significantly higher amounts in the vigorous competitions, we compete and the subject of the amendment of the United States than they do overseas. we outcompete anyone in the world. Senator from Colorado. NAFTA has opened that market up While this is a modest move, I look It is our understanding there is no for competition from Mexico. Mexico forward with great interest to the ac- objection from the legislative com- has a significant ability to produce tions of the Agriculture Committee in mittee to accepting this amendment. peanuts and produce them at world dealing both with the cost for con- Under the status of the debate, as I market prices dramatically lower than sumer and the cost for the general understand it, while the yeas and nays United States market prices. treasury. I think this amendment sends a sig- were requested and the yeas and nays The change in the peanut program nal. It sends a signal of our commit- were ordered, a unanimous-consent will be essential. I expect we will be ment to begin to respect the taxpayers order was entered to vitiate the yeas seeing the Agriculture Committee with regard to a program that has and nays if we were going to accept it move on that in a diligent fashion. on a voice vote. clearly outgrown its usefulness. My amendment is less ambitious in I suspect this will be controversial, We are prepared now to accept the its scope. What it simply suggests is amendment on a voice vote and we are and I ask for the yeas and nays. that the administrative costs of the The PRESIDING OFFICER. Is there a prepared to proceed to that. program should not be paid for by the The PRESIDING OFFICER. Is there sufficient second? There is a sufficient taxpayers of this country, but it does second. further debate on amendment 2687? empower the Secretary of Agriculture The question is on agreeing to the The yeas and nays were ordered. to charge producers a marketing as- amendment. Mr. COCHRAN. Mr. President, let me sessment to carry out the program The amendment (No. 2687) was agreed say that my concerns at this early under the same terms and conditions to. point in the debate on this amendment Mr. BROWN. I move to reconsider the as prescribed under the law. surround the fact that we are working vote. What it does is shift from the tax- in the Agriculture Committee at this Mr. COCHRAN. I move to lay that payers the cost of administering this time and a meeting is called for this motion on the table. program over to the people who benefit week to consider changes in existing The motion to lay on the table was by this program. farm legislation, including proposals to agreed to. It seems to me that this amendment modify and reform the peanut program. is fair and reasonable. The savings, we I have introduced legislation, for ex- AMENDMENT NO. 2688 TO COMMITTEE AMEND- MENT ON PAGE 83, LINE 4 THROUGH PAGE 84, are advised, is in the neighborhood of ample, that seeks to reduce the overall LINE 2 $2 million for this year, a potential costs of these programs, but to do so in (Purpose: To prohibit the use of appropriated savings of $11 million over 5 years a way that does not undermine the funds to carry out the peanut program) should this apply in future years. ability of farmers to continue to Mr. BROWN. Mr. President, I rise to I would be remiss if I do not note produce efficiently and operate at a offer an amendment and ask for its im- that the cost to the consumers of this profit, but how to go about downsizing mediate consideration. country and to the taxpayers of this the expenses of agriculture programs Mr. President, I ask this be consid- country of the peanut program itself is and still maintain that ability to ered as an amendment to the com- many, many times beyond that. produce what we need in our country, mittee amendment. I am advised that the peanut pro- the food and fiber needs, to meet those The PRESIDING OFFICER. Without gram costs the American taxpayers needs and to still have a sufficient objection, it is so ordered. $120 million a year. Let me repeat that: amount to export to contribute to our The clerk will report. $120 million a year. That is not pea- overall economic health is a big chal- The assistant legislative clerk read nuts. lenge. as follows: This peanut program has placed us in I do not think we will be able to The Senator from Colorado [Mr. BROWN] a situation where the taxpayers get hit adopt incremental change on an appro- proposes an amendment numbered 2688 to for $120 million a year, to support a priations bill that modifies this or any the committee amendment on page 83, line 4 program that is then priced signifi- other commodity program that will through 84, line 2. cantly above the world market. achieve the goal in a coherent, ration- The amendment is as follows: The costs to the American taxpayers al, and orderly way. At the appropriate place, insert the fol- for peanuts is not just the $120 million This may be an excellent amendment lowing: a year. It is the American consumer in terms of improving the efficient ad- SEC. . PEANUT PROGRAM. that really pays the price. ministration of this program. But I (a) IN GENERAL.—None of the funds made Estimates from a GAO report in 1993 would hate to see us adopt this amend- available under this Act may be used to indicate that the cost to the consumer ment and have it undermine or in any carry out a price support or production ad- could range between $300 million and way adversely affect the effort that we justment program for peanuts. $500 million a year. are making for comprehensive reform (b) ASSESSMENT.—The Secretary of Agri- What we have is a very unusual agri- culture may charge producers a marketing of agriculture programs in the legisla- assessment to carry out the program under culture program. The peanut program tive subcommittee. So that is the con- the same terms and conditions as are pre- is much different than most other pro- cern that I want to raise at this point. scribed under section 108B(g) of the Agri- grams, but not all. In effect what this I know there are others who may culture Act of 1949 (7 U.S.C. 1445c–3(g)). peanut program does is makes us un- have more experience and are more of

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13700 CONGRESSIONAL RECORD — SENATE September 18, 1995 an expert in the understanding of the I mentioned a moment ago that the Government, not them. And they do workings of the peanut program and program is about 60 years old. All of not want it dealt with in an ad hoc how this particular amendment might the farm community and rural commu- way. They want it to be dealt with as affect the administration of the peanut nities that are affected over this ex- the good Senator from Mississippi has program, but I express that concern, tended period of time obviously have been doing. still hoping that we can fulfill the com- become ingrained with the program. I see my colleague from Alabama has mitment that we have made to reduce The reach of the program goes be- come to the floor. The Senators from the costs of these programs. yond those that are directly involved North Carolina, Texas, and Virginia I know the Congressional Budget Of- with growing. The reach of this pro- have produced reforms that are no net fice, for example, has estimated that gram, over the lengthy period of time cost to the Government. Those reforms the reforms I have suggested in my bill which it has existed, now reaches into will result in a 30-percent loss of in- to reform the peanut program could the financial community, the agri- come in the farm communities that I achieve savings of over $300 million business community, the agricultural represent, but they have supported over 7 years. This amendment will re- equipment community, and represents those kinds of reforms. duce the cost of the program some- thousands and thousands of jobs and is Throughout the process, they have what. But if we adopt this amendment an economic stabilizer in communities been willing to discuss how it can be and then we ask CBO to analyze the ef- that have suffered immensely over the changed to make it satisfactory to the fect of the Cochran bill, that is going last 25 or 30 years and continue to suf- taxpayer, to the Federal Government to have a negative effect. And in our fer from economic decline. and to the economic fragility of these overall effort at comprehensive reform I do not suppose any of us here, if we communities. I think they have done and meeting the targets of reconcili- were designing the program, would de- so in good faith. I have become an ad- ation, we could actually be penalized in sign it the way it is today. But those of mirer of the dedication to finding a our efforts to reform the farm bill by us who have inherited it have also in- way to make this program satisfactory adopting amendments like this one in herited a social responsibility to the to the American taxpayers, satisfac- an appropriations bill. Then we might communities affected by it. tory to the producer, and satisfactory have to cut other programs, nutrition Seventy-five percent—Seventy-five to the communities that are rep- programs, school lunch program, other percent—of the counties involved in resented by this. farm programs, in order to make up producing this commodity in the I have to say, Mr. President, that I the difference. United States have a poverty level in have been struck by the dictionaries So I am hopeful the Senate will take excess of 20 percent. These are hard-hit we find in Washington. I heard it a lot that into account and consider that as communities. These are communities in the Agriculture Committee. When we look at this amendment. that have suffered many of the changes we talk about something we are doing Mr. COVERDELL. Mr. President, as I that have been occurring when we in urban America, we often talk about understand it, the Brown amendment move from rural to urban. our ‘‘investment.’’ Somehow, when we would address the commodity program Most people I hear around here talk get over to the rural communities, that that deals with peanuts, and it would about their grave concern about rural word becomes ‘‘subsidy.’’ When it is a assess peanut growers throughout the America. I hear it everywhere I go. Federal program that is working on United States for the theoretical ad- This is where, as they say in my part of the economic viability of rural Amer- ministrative costs of the program, or the country, the rubber hits the road, ica, that is a subsidy, but if we are approximately $2 million a year. because we are talking about a Govern- talking about building bridges and Mr. President, this program is over 60 ment partnership, much of rural Amer- roads to deal with the issues in urban years old. It has been the focus of in- ica represented by this program where America, that is an investment. tense, deliberate, significant debate changes that are not thought through Both are investments. We are talking and discussion within the Agriculture can create massive—massive—eco- about the economic viability of vast Committee. The Senator from Mis- nomic instability. They not only affect rural regions in our country that have sissippi, who is here on the floor with immensely the health of the family very high poverty rates. Of all the var- us, has been very instrumental in man- farm in these communities, they affect ious programs that I have viewed, aging the vast array of details related the financial integrity of the loaning there are very few I have ever seen that to this program. institutions and they affect signifi- cost so little, that produce so many And to come into the appropriations cantly the extended economic suppliers jobs and so much economic good. That process ad hoc and intervene into that of the industry. is sort of a rarity here, but that is what process, in my judgment, is inappro- There are some counties in my State I see in this program. Not that it is priate, and intrudes in a very, very in- if you just turn the switch off tomor- perfect, and we have all acknowledged tense process to try to deal with this row will be out of business, flat out of that and we are all working to change, program and all those Americans that business. These are people who were but that ought to be done in the com- are affected by it and all the complex- playing under the rules that were de- mittee. That ought to be done by the ities. It does not need ad hoc interven- signed by this Government, as I said, people with the expertise. That ought tion. It does not need ad hoc amend- over a 60-year period, and they have to be done in good faith with the people ments. I welcome the Senator, who is been playing by those rules. that have come to the committee and not a member of this committee, to Having said that, let me say that I said, ‘‘We are willing to sit down and come forward and work with us with take my hat off to this community work out compromises, and we are his suggestions. But this is not the way that surrounds this commodity. I came willing to do things to lower the bur- to manage this intensely complicated here a little over 2 years ago. Every- den on the American taxpayer.’’ program. body already knew we were going to be It should not be done ad hoc in a So I rise against the amendment. I paying a lot of attention to these pro- frittering manner that destabilizes the rise against its appropriateness. This is grams, because this is an era of change. entire effort that we have been about not the place for it. In fact, it will only These people came to the table. Over for the last 2 years. This should be make more complicated and difficult the last 2 years, they have been work- done in the farm bill. that which we are trying to do. ing with their Senators, with the Agri- I commend all those Senators for the Now, Mr. President, I wish I could culture Committee, and they have been time they have expended on behalf of say that all U.S. programs were pro- endeavoring to represent and be a part trying to reach an appropriate com- ducing the kind of economic impact of change. They have proposed and promise. I commend the communities, and social good that this program rep- they have stood behind significant re- as I said earlier, for their willingness resents. In the United States, the pro- forms in this commodity program. But to work, and I rise in opposition, in gram represents $1.2 billion in annual they do want to be treated responsibly. closing, to ad hoc management of a farm revenue, 150,000 U.S. jobs, $200 They do want to be treated as partners. very complicated program that affects million in annual exports, and $6 bil- They do want us to appreciate that this thousands of Americans in our coun- lion in annual economic impact. arrangement was put in place by this try.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13701 Mr. President, I yield the floor and (b) ASSESSMENT.—The Secretary of Agri- rity recipients, therefore, should pay suggest the absence of a quorum. culture may charge producers a marketing an assessment to the Government for Mr. COCHRAN addressed the Chair. assessment to carry out the program under carrying out the Social Security pro- The PRESIDING OFFICER. Will the the same terms and conditions as are pre- gram? Or the Medicare Program? Does scribed under section 108B(g) of the Agri- Senator from Georgia withhold? culture Act of 1949 (7 U.S.C. 1445c–3(g)). this mean that the recipients in this Mr. COVERDELL. Certainly. program ought to be assessed the costs Mr. BROWN. Mr. President, the Mr. COCHRAN. Mr. President, I want to carry out and administer the pro- modification is the product of the dili- to say I think the distinguished Sen- gram? gent work of the senior Senator from ator from Georgia has really given a Alabama, and thanks to him a drafting You could go on with every conceiv- very eloquent, accurate, and persuasive error was spotted and corrected. The able program that the Government has statement about why this amendment language that is in the modification that therefore this philosophy would be should be rejected. There is no doubt makes it clear that this deals only relative to. Or the same concept could about it; he is a very insightful Sen- with the administrative costs. be applied in regard to Senators. ator, and he has come to the Agri- Mr. President, I will read the lan- Should Senators, therefore, in order to culture Committee with a great deal of guage that has been added, as it stands, have an accounting system for receipt good common sense and judgment to the modification. of their salaries be assessed fees for the which shows very clearly during his None of the funds made available under Government to carry out that program discussion of this amendment. this act may be used to pay the salaries and or to administer that program? We are dealing with an appropria- expenses of USDA employees who carry out I do not agree with this overall phi- tions bill. We are at work, on the other the price support or production adjustment losophy, and I just point out questions hand, trying to reform all of the com- program for peanuts. pertaining to it. modity programs so that we can make The following paragraph on assess- I will have a good deal more to say them more cost effective, we can make ments, which remains exactly as it was about this later on, but I do want to them respond to the challenge of def- in the original amendment, is simply point out right now that the concept of icit reduction, but at the same time an ability to, through assessments, charging the producers of a program an maintain stability in the agriculture raise that money that the taxpayers assessment to administer the program sector and the capability for the fu- have provided to pay for the salaries is rather unusual and, if we start it, it ture, and that is the most productive and expenses of USDA employees who ought to be applied across the board to country in the world. administer the program. every conceivable program—the orange It is an enormously important sector Mr. President, as I say, this is in- juice program, the corn program, every of our economy, and to start nitpicking tended to save about $2 million a year. program, wherever you are going to do on this bill with these programs, like It is not a substitute in any way for the it. this peanut program that the Senator changes in the peanut program which And then there are also other people describes, we are running a great risk. will be necessitated regardless of Mem- in the chain that are recipients of a It may sound good, it may make some bers’ feelings about the program. Those program such as, in the peanut pro- feel good to vote for a change like this changes will be necessitated by NAFTA gram, the shellers, and then there are that is being recommended, but it is and the new competition of peanuts the market people, the manufacturers not going to serve the economic inter- from the Mexican market. But it is, I that use it—all of these people who are ests of our country as a whole and cer- believe, a step in the right direction to in effect beneficiaries of a program tainly not those regions of our country ask the people who benefit by the pro- that ought to be considered rather that are involved in this program. gram to at least pay the administra- than just the farmer. We have had a I commend the Senator for his elo- tive costs and not stick the taxpayers situation where we are looking at quent statement and his hard work as with that cost. farmers today in some of the sections a member of our Agriculture Com- Mr. President, I believe this measure of the country who have had terrible mittee. I hope the Senators who heard will be controversial. It is my under- disasters, and I just do not think this is him will pay attention and vote like he standing there are other Members who the proper time to be doing something suggests—vote ‘‘no’’ on this amend- want to address it. I understand that like this. ment. the manager of the bill would prefer Overall, the peanut program has cost The PRESIDING OFFICER. Is there that the measure to be voted on tomor- the taxpayers a relatively small further debate on amendment No. 2688? row. amount of money over the period of Mr. BUMPERS. Mr. President, I sug- So I yield the floor. time it has been in existence—some- gest the absence of a quorum. Mr. HEFLIN. Mr. President, as I un- times as prices go up and prices go The PRESIDING OFFICER. The derstand it, the distinguished Senator down because of market conditions or, clerk will call the roll. from Colorado has modified the amend- on the other hand, because of weather The assistant legislative clerk pro- ment to apply to only administrative conditions like drought and other ceeded to call the roll. costs, of which there are about $2 mil- things, but in the last 10 years, the pea- Mr. BROWN. Mr. President, I ask lion, and that there would be an assess- nut program has averaged out costing unanimous consent that the order for ment charged against the producers to the Government an average of $13 mil- the quorum call be rescinded. carry out the program. lion a year. And I do not think any The PRESIDING OFFICER. Without I am sure that the peanut program is other farm program has been operated objection, it is so ordered. controversial and that many programs as economically and at as little cost to AMENDMENT NO. 2688, AS MODIFIED are controversial. Agriculture pro- grams are controversial, and under the the Government over a like period of Mr. BROWN. Mr. President, I ask time in history. unanimous consent at this time to Department of Agriculture every agri- cultural program is carried out and ad- It will vary. It has gone up some- modify my amendment on the peanut times, and then there have been years program. ministered by the Department of Agri- culture. Are we going to say that the in which actually the peanut program The PRESIDING OFFICER. Without has made the Government money. objection, it is so ordered. wheat program, therefore, which is car- So I think when we look at this mat- The amendment (No. 2688), as modi- ried out and administered by the De- ter of saving $2 million, it certainly fied, is as follows: partment of Agriculture, if we were to follow the same concept, that on the calls for a concept, and if we are going At the appropriate place, insert the fol- to look at it in some equitable and fair lowing: wheat program there ought to be an as- sessment against the wheat producers way across the board, we ought to con- SEC. . PEANUT PROGRAM. relative to the administration of the sider all other programs. But the major (a) IN GENERAL.—None of the funds made available under this Act may be used to pay wheat program? thing is that here we are, as the chair- the salaries and expenses of USDA employees If we stop and think about other pro- man of the subcommittee, the Senator who carry out a price support or production grams, does this mean that if you carry from Mississippi, has mentioned in a adjustment program for peanuts. this philosophy out, the Social Secu- situation where this week we go to

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13702 CONGRESSIONAL RECORD — SENATE September 18, 1995 markup relative to a farm bill, and var- ferent program than the peanut pro- to speak on this amendment. I have ex- ious and sundry approaches may be of- gram. Why? It is dramatically different pressed my concerns already. We have fered and considered there. I think, because the peanut program is designed heard from the distinguished Senator therefore, it is premature at this time to market our peanuts at a signifi- from Alabama. It is likely that we will to be considering it. Certainly, the Ag- cantly higher price in the world mar- be able to vote on this tomorrow, rath- riculture Committee ought to be given ket. That has a dramatically different er than today. There are other amend- an opportunity to look at this before effect upon consumers and producers ments that we know will be offered we move forward in this regard. than the wheat program that does not today and debated. We can dispose of I yield at this point and will have attempt to have a significantly higher those amendments. something else to say later. price for wheat in America than we Because we have had a pretty full Mr. BROWN. Mr. President, first of have in the world market. discussion of this suggested change in all, I want to extend my thanks to the Nevertheless, I think the Senator’s the bill, I am going to ask unanimous- distinguished Senator from Alabama. I point is a valid one, and it goes to the consent that we set aside this amend- believe he was off the floor working on heart of the amendment. Should the ment and proceed to take another another matter when I extended my taxpayers pay for the administrative amendment up for consideration that thanks the first time. But I appreciate costs and which ones should the users? the Senator from Colorado will offer. his reviewing the amendment and It had been my understanding that, So I make that unanimous consent re- pointing out the need for corrective indeed, in Social Security and Medi- quest to set aside the amendment tem- language, and we have adopted that care the cost of administration was porarily. through a modification. I very much borne by the taxes levied that go into The PRESIDING OFFICER. Is there appreciate his kindness and his indul- a trust fund, and we are asking to objection? gence in helping to have the amend- check that right now. I certainly will Without objection, it is so ordered. ment accurately brought forward. And want to make that point clear for the Mr. BROWN addressed the Chair. by that I do not mean necessarily it RECORD. I think the Senator is right to says what the Senator would like it to raise that issue. He does come to the The PRESIDING OFFICER. The Sen- say, but I do mean that he was very heart of this amendment. That is the ator from Colorado. helpful in making sure it represented suggestion that the roughly $2 million Mr. BROWN. Mr. President, I rise to what my wishes were to offer to the a year cost of administering this pro- add to the record with regard to the de- body. gram, that markets a commodity at bate on the peanut amendment. I Mr. President, the Senator quoted significantly above the world prices, be would ask, while that amendment is the $13 million a year cost for the pea- borne by the participants. not presently before us, that I be al- nut program. The $120 million cost that Mr. President, I yield the floor. lowed 60 seconds in which to address I had used in the Chamber was the esti- Mr. HEFLIN addressed the Chair. the peanut amendment. mate we had gotten from the Congres- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without sional Budget Office for 1995. I believe ator from Alabama. objection, it is so ordered. the Senator was talking about was his- Mr. HEFLIN. Mr. President, I am a Mr. BROWN. Mr. President, in the toric costs. I think both figures are supporter of the wheat program. I did discussion on the peanut amendment, correct and I think it is perfectly ap- not necessarily mean to be picking Col- the question was raised as to whether propriate for him to point out the his- orado. I have always supported the or not this, asking users or bene- toric cost. That is a reasonable and wheat program. I think it is a good ficiaries of a program to pay the ad- balanced way to look at it. program. But there are some distinc- ministrative costs, was appropriate or Mr. President, he also raised an im- tions between the wheat program and not and whether or not it was done in portant point. If this program is to the peanut program relative to the cost other areas, and myself and others had cover its own administrative costs, of Government, as there are with a speculated about the social security why not the wheat program? While he number of commodities. fund. I am advised that indeed, the ad- was too kind to say it, we produce a lot Basically, the peanut program has a ministrative costs for the Social Secu- of wheat in Colorado, and that is a fair loan rate. That loan rate allows for rity program do indeed come from the question. In my mind—and certainly farmers to—in bad times when the fund. I think some of the confusion this is not meant to speak for all the price is low or when there are weather may come in that the discretionary Members, but in my mind this peanut conditions and such—put their product spending is considered part of funding program is different. It is different in that they have produced into a loan. that comes under the discretionary that we maintain a price of peanuts in And then the CCC can take it out of caps for the budget function. But in- this country that is significantly high- the loan and set it. They have to pay deed, the source of the money is from er than the world market. interest on it when they do, or else the the fund itself. Most of our programs and most of Government can, of course, have a non- I yield back, Mr. President. our products in the United States sell recourse loan and can sell it on the I suggest the absence of a quorum. for the lowest price in the world. We world market. The PRESIDING OFFICER. The have the most efficient, productive, But the wheat program and most creative agriculture of any nation on commodities have a greater cost rather clerk will call the roll. the face of the Earth, and it shows in than just the loan. That is the target The legislative clerk proceeded to our prices. Consumers in America price or deficiency payment. And there call the roll. enjoy low prices for farm commodities. is no deficiency payment, there is no Mr. BROWN. Mr. President, I ask Our price for products, including target price in peanuts at all. I think unanimous consent that the quorum wheat, sets the base. sometimes we have misunderstood var- call be rescinded. That is, Europe and Japan not only ious farm programs and other things The PRESIDING OFFICER. Without import wheat, but by importing it they also. But the peanut program does not objection, it is so ordered. pay more than American consumers be- have the deficiency payments at a AMENDMENT NO. 2689 TO COMMITTEE AMEND- cause of the costs involved in ship- great number. I am a supporter of the MENT ON PAGE 83, LINE 4, THROUGH PAGE 84, ment. People around the world pay a farm programs that allow for the tar- LINE 2 higher price for wheat generally than get prices and allow for the deficiency (Purpose: To prohibit the use of appropriated we do in the United States, so the payment. But I do make that distinc- funds to administer tobacco grading and wheat program goes to a different tion, the distinction being raised about inspection, tobacco price support, quota, and allotment functions) focus. It does go to market stabiliza- that at this time. tion which is thought to be of help for So we will be discussing it further. Mr. BROWN. Mr. President, I rise to the consumer. Certainly the wheat pro- Mr. COCHRAN addressed the Chair. offer an amendment to the committee gram is a program that merits debate The PRESIDING OFFICER (Mr. amendment and ask for its immediate at the appropriate time. FRIST). The Senator from Mississippi. consideration. At least in my mind, however, the Mr. COCHRAN. Mr. President, I know The PRESIDING OFFICER. The wheat program is a dramatic and dif- there may be other Senators who want clerk will report the amendment.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13703 The legislative clerk read as follows: That makes no sense at all. That is row the vote on the amendment, if that The Senator from Colorado [Mr. BROWN] what this amendment is all about. It is the will of the Senate. proposes an amendment numbered 2689 to simply says that when tobacco pro- There have been, of course, in the the committee amendment beginning on ducers say they have a no-net-cost pro- past, amendments similar to this that page 83, line 4. gram, that it is in fact a no-net-cost have been before the body, so it is not At the appropriate place in the amend- program. a new issue. We have debated this from ment, insert the following: So this amendment does two things. time to time. I am confident that there SEC. . PRICE SUPPORT AND GRADING AND IN- One, it makes it clear that there will SPECTION OF TOBACCO. are arguments that can be made on the (a) IN GENERAL.—None of the funds made be no taxpayers’ funds appropriated in other side and will be by Senators who available under this Act may be used to pay this bill that will be used to pay the are experts in this program. the salaries or expenses of the employees of salaries and expenses of Department of From the point of view of the man- the Department of Agriculture to grade or Agriculture employees to grade or in- agers of the bill, though, I would say inspect tobacco or to administer price sup- spect tobacco or to administer the that this is another example of an ef- port functions for tobacco. price support functions for tobacco. fort to modify with legislative lan- (b) ASSESSMENT.—The Secretary of Agri- Second, Mr. President, it makes it culture may charge producers a marketing guage, in effect, programs that are now assessment to grade or inspect tobacco and very clear that the Secretary has the under consideration and review by the to administer the price support functions ability to assess producers a marketing Agriculture Committee. We have this under the same terms and conditions as are assessment for these functions. So it week a markup scheduled on com- prescribed in the Agricultural Act of 1949 (7 gives the Secretary a way to carry out modity program changes that are de- U.S.C. 1445–1 and 1445–2). these functions, but at the expense of signed to meet the challenge of the Mr. BROWN. Mr. President, this the producers, not at the expense of the budget reconciliation and resolution amendment calls for the tobacco pro- taxpayers. that was adopted by the Congress to re- gram to be no net cost to the American Mr. President, some will note that duce the cost of the programs under taxpayer. Some Members will say, ‘‘I the Secretary already has the ability the jurisdiction of all the legislative thought it was already a no net cost.’’ to levy an assessment for this program. committees. Indeed, there was legislation offered Indeed, the Secretary does. I added This is under the jurisdiction of the in 1982 that came under the heading of that assessment section so there could Agriculture Committee, and it may ‘‘no net cost’’ for the tobacco program. be no doubt that there would be no very well be that changes are going to And yet, Mr. President, some Members question but that the Secretary could be directed or recommended by the Ag- may be surprised to learn that did not levy it for this purpose. I think it is ar- riculture Committee in this program. I cover all of the costs of the program. guable one way or another that he al- do not know the extent to which this That no-net-cost concept is a good one ready has the authority to levy this as- amendment, if it is adopted, will affect and one that this amendment attempts sessment. But it seemed to me clarity those comprehensive changes that may to complete. was a virtue in this circumstance. So be recommended by the Agriculture But left out of the legislation in 1982 we go the extra mile to make sure it is Committee. was an effort to cover the administra- clear that he has the ability to raise When we were talking about the pea- tive cost that involves maintaining the funds for this purpose. nut amendment that the distinguished price support and both the grading and But, Mr. President, the American Senator had offered, I mentioned that I inspection of tobacco. So administra- men and women who pay our taxes can- had included the peanut program in a tion of the program, grading and in- not understand why in the world we proposal that I have submitted to the specting of tobacco, are still an ex- would have Government functions that committee which is designed to reform pense to the taxpayers. work to opposite purposes, why in the that program and reduce the costs of Mr. President, it is one thing to be world we would subsidize a product the program over time. I know that if upset about tobacco smoking in this which our Government turns around we adopt the peanut amendment as country and urge people not to use the and tells us is hazardous to their proposed by the Senator from Colo- product or suggest that perhaps the health and urges people, at taxpayers’ rado, it would reduce the savings that FDA ought to regulate it and extend expense, not to consume it. are now estimated by CBO to be attrib- additional regulations. But, Mr. Presi- This amendment, I think, adds con- utable to the farm bill I am proposing. dent, it is quite another thing to tax sistency to our functions. It adds some the American citizen to pay for a prod- consistency in the way we spend tax- There may be other Senators who uct that we turn around and then urge payers’ money. have suggestions to make in the Agri- them not to use. Good common sense Mr. President, it is my impression culture Committee about the tobacco indicates that we should not subsidize this will be a controversial amend- program. I do not know the extent to a product that we think is harmful to ment; that there will be other Members which this amendment would affect people and that they should not use. I who wish to voice their concerns and those projected savings. But I do know am one who believes that this country objections about it. I hope there may that there will be some effect, and the is all about freedom, and to the max- be others who may want to say a good question before the Senate is whether imum extent possible, we ought to word or two on its behalf. So I ask for we ought to adopt amendments such as maximize people’s freedom to choose. the yeas and nays. this, knowing that they are going to be So I have not been one that wants to The PRESIDING OFFICER. Is there a legislative in nature and will encroach outlaw all forms of tobacco or follow sufficient second? on the jurisdiction of the Agriculture other circuitous routes that simply There appears to be a sufficient sec- Committee. So I voice that concern as eliminate that choice. I think all ond. a concern that applies not only to this Americans agree that our children The yeas and nays were ordered. amendment but other amendments like should not consume tobacco products. Mr. COCHRAN. Mr. President, if the it. But for adults, while we would all have Senator has completed his statement. I discourage Senators who do have strong feelings about the subject and The PRESIDING OFFICER. The Sen- changes in legislative language and many of us feel that we would be better ator from Mississippi. suggest that it would be more appro- off without tobacco, I am not one who Mr. COCHRAN. Mr. President, I am priate and in better keeping with the wants to ban it. But, Mr. President, I confident there are Senators who wish way we should do business here in the am one who wants to have the tobacco to be heard on this amendment before Senate to bring those up when the leg- producers pay for the cost of their own we vote on it. I am also sure that it is islative committees’ bills are on the program. probable that this vote will be post- floor—or bring them up in the commit- It makes no sense to tax working poned until tomorrow. But I hope that tees of jurisdiction, even better, so men and women of this country to sub- those who do want to speak on the those committees can review these sug- sidize a product and then turn around amendment will come to the floor and gestions. and tax them to urge people not to use do that so we can complete our debate I respect very much the Senator from a product they have just subsidized. on the amendment and leave to tomor- Colorado. He is one of the best minds in

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13704 CONGRESSIONAL RECORD — SENATE September 18, 1995 the Senate. He is a Senator who has al- I also think that two things came as the eighth and shut the Herd down to ways been on the lookout for ways to a result of that. One, it sent a signal to seal the victory and the championship. improve the efficiency of Government baseball that there are some owners We were led by Montpelier’s Maggie programs and reduce unnecessary and some players who care more for Whitney, who played second base but costs. He is a leader in achieving re- the game than care for the disgraceful should be turning double plays with sults. Again, he is showing his ability dance that has gone on the past year, Cal Ripken, Jr. St. Albans’ Jamie to carefully analyze Federal programs the dance of charges and counter- Horan has a black eye and a 500-foot and look for ways that we can improve charges and strikes and lockouts that home run to show for the series. Beebe them in terms of their efficiency. The resulted in the cancellation last year of Plain’s Mike Lawson won rookie of the savings of taxpayers’ dollars that will the World Series. year honors while representing the result from the changes are quite obvi- Second, by doing that, I believe it smallest town in Vermont with glove ous. This is another example which helped bring to an end the strike and it and lumber. shows his diligence and his ability in also gave baseball an evening of glory And the list of contributors is end- this regard. So I commend him for his that it has not had for so long. It really less. Big Ed Pagano, our oak tree at continued efforts to do what he is try- did not become a question of whether first; Tom ‘‘Stonewall’’ Cosgrove, an- ing to do. I applaud that effort. the Orioles won or lost that night. It choring third on a nearly broken Having said that, I hope that if Sen- turned out they did win with Cal ankle—an ankle, incidentally, we heard ators do want to comment on the legis- Ripken hitting a home run. It was a snap as he hit home plate. He would lation and the proposed amendment, chance for people to unite around this not allow it to break until he scored they will come to the floor to do so, country and say there are so many that run. Paul ‘‘The Enforcer’’ John- and I will put in a quorum call to as- good things in baseball, and to go back son, who with aging star J.P. Dowd certain whether we do have Senators to the basics of it. I hope Cal Ripken’s provided key hitting and veteran lead- who want to speak further on this accomplishment does help. ership. Norwich’s Regen O’Malley and amendment at this time. As Kevin and I sat there, we watched UVM grad Kara Calaca-Mottola were I suggest the absence of a quorum. the different people—Joe DiMaggio sit- anchors behind the plate. And our own The PRESIDING OFFICER. The ting a few feet from us, the President, tank commander, that stalwart ma- clerk will call the roll. the Vice President, and others just to rine, Bill Delaney, had more than a few The legislative clerk proceeded to the other side of us, but what united us key hits. call the roll. Mr. LEAHY. Mr. President, I ask was not the well-known people but that Rookies David East and Narric Rome unanimous consent that the order for baseball fans of all sort throughout were vital to the team effort. Vivian Cocca pitched as gutsy a se- the quorum call be rescinded. that field and throughout the country The PRESIDING OFFICER. Without could share in a magnificent achieve- ries of games as we have seen in years. objection, it is so ordered. ment. Special honors have to go to our Mr. LEAHY. Mr. President, I under- f player-coach Brady Burgess, the solid, stand there is nobody at the moment taciturn hunk of granite, a native of VERMONT’S FINEST, SOFTBALL Lincoln, VT, who grew up dreaming of waiting to bring up any amendments so CHAMPIONS I ask unanimous consent that I be able one day holding the Senate trophy to proceed as in morning business. Mr. LEAHY. Mr. President, I re- aloft. I am sure this is a dream he had The PRESIDING OFFICER. Without cently had a chance to watch some of as a 3-year-old. He batted, fielded, and objection, it is so ordered. the best softball I have ever seen. led his team to an impossible series of I saw the Vermonters, who make up victories. f my own team, play in the semifinals The loyal bench jockeys were TRIBUTE TO CAL RIPKEN, JR. and then the finals and then win the Brattleboro’s Jenny Backus, the pur- Mr. LEAHY. Mr. President, a couple softball championship. ple-shorted Kevin ‘‘Scooter’’ McDon- weeks ago, like many others, I had the I was out there Saturday in 95-degree ald, and the pride of St. Johnsbury, opportunity to be in Camden Yards to heat, blistering sun, and I watched Zima-drinking Amy Rainone. see a most extraordinary baseball game these young men and women from my And the whole team was aided by when Cal Ripken broke Lou Gehrig’s office’s team and I thought: That is their biggest fan and 5-year-old bat- record. I remember as a child thinking real sportsmanship. boy, Walter Albee, who occasionally let that the Gehrig record might never be Then, the next day the final cham- his aging baby boomer, semi-yuppie fa- reached, never be broken. pionship was fought between Vermont ther play. For me, the fact that I could be there and New Hampshire. We have to tip our caps to a few with my son, Kevin, to watch that In a league with 120 teams, the idea teams. First, our friendly rivals the game, was really one of the highlights that the Senate softball championship Vermont Saps, from my good friend of this or any other year. this year came down to teams from JIM JEFFORDS’ office, who had what we In watching, I could not help but New Hampshire and Vermont is ironic. call a ‘‘rebuilding year’’ this year but think that Cal Ripken reflected the You have to understand we are both will no doubt be in the playoffs next best of all people who get up and go to northern New England States, and the year as they have been. work every day in all fields. Whether it baseball season is rather short in Second, our tough but honorable ri- is the nurse who is there for the northern New England. Our children vals from the MCCAIN-MCCONNELL evening shift on a weekend, the person grew up with hockey sticks and skates team. It seems one of us is always who shows up at the police department and skis—and have to squeeze their knocking off the other to get to the and goes to work to protect all of us, baseball in between those light May mountain top. the teacher who is there teaching our snow showers and the September au- Third, our friends on Senator MIKUL- children, the men and women of the tumn chill that stings the hands of all SKI’s team. In the past 5 years, we have Senate staff who are here—sometimes children who make contact with ball each won the championship twice and long after we Senators are able to go and bat. will be glad to be keeping it in the fam- home—every day working for the best But there we were. ily. of our country, and on and on. The Thundering Herd, the talented Finally, to the Thundering Herd from In this case I also think credit should granite-like team of Senator BOB New Hampshire—that the two New be given to Peter Angelos and those SMITH’s office had not been beaten all England teams made it to the top of who own the Orioles. Earlier this year year. But neither had Vermont’s Fin- the heap is a testament to traditional when there was talk of replacement est. Vermont’s Finest, we say with no Yankee values of team play, strength, teams, they stood fast and said there hint of modesty, is the name of our and hard work. I say to my friends would be no replacement team for the softball team. from New Hampshire, they will be first Orioles. Nothing would be done to cut The game went back and forth, only in the Nation when Dixville Notch goes into Cal Ripken’s record. Indeed, they to be tied at the end of seven innings. to the polls at midnight. You almost did not. Vermont scored two runs in the top of made it first in the Nation in softball,

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13705 and we expect to see you again next leaders of both parties, and work to- The Social Security Administration year. gether to make our Government work. estimated that under a shutdown ‘‘no Mr. President, we joke a little bit I fear that few of our leaders have new applications for Social Security or about this, but I think some of the considered what happens if Congress Medicare eligibility would be taken or most pleasant moments that I spent and the President fail to reach an inquiries answered.’’ this year have been watching the soft- agreement and force the Government Do we really want to make our senior ball team play—pleasant, because I to shut down. Make no mistake about citizens wait to score political points know how hard the men and women it—shutting down the Government will over a Government shutdown? who work for the Senate, who support bring serious consequences. The Department of Justice estimated all of us, do work, Republicans and First, shutting down the Government that a shutdown would delay trials and Democrats alike. It is the men and because Democrats and Republicans weaken its ability to supervise the women here who so make the Senate cannot agree on the budget will accom- Federal parolee caseload. Do we really the place it is and can be. And they are plish nothing except adding more scorn want to slow down our criminal justice the ones who make it possible for of our political system. This partisan system to score political points over a Americans to have hope in us. fighting for just the sake of a headline Government shutdown? There are 100 Senators. None of us is exactly what Vermonters believe is The Department of Veterans Affairs would be able to do our job without wrong with our present system. I be- estimated that under a shutdown people, ranging from those who guard lieve this scorn will be fully justified if ‘‘there would be approximately 37,000 the doors of this Chamber to those who we do not work out our differences be- unanswered telephone calls per day and report our proceedings, to those who fore forcing the Government to close. approximately 5,000 cancelled inter- handle the bills as they go through, Second, and more importantly, shut- views per day.’’ Do our veterans really and to all the others—those who make ting down the Government will have deserve this kind of treatment to score the electricity work, to those who help serious effects on the lives of millions political points over a Government us write the legislation. I sometimes of Americans. shutdown? joke we are merely constitutional im- The most immediate effect of a shut- Perhaps the most lasting effect of a pediments to the staff. The truth of the down will be the furloughing of Federal Government shutdown will be the matter is, we are, all of us, better—Re- employees. The only exceptions from wasted millions of taxpayer dollars. publicans and Democrats alike—be- furloughs under a Government shut- At a time when the President and cause of the selfless work of the men down are Presidential appointees, uni- Congress are dedicated to eliminating and women here in the Senate. formed military personnel, and Federal unnecessary Government spending, When I see them have a chance to civilian employees rated ‘‘essential.’’ pouring money down a Government play softball and enjoy themselves, I In 1990, the nonpartisan General Ac- shutdown rathole makes absolutely no think how lucky we are to have them counting Office estimated that 319,541 sense. Shutting down the Government here. I have to tell all those in my of- Federal Government employees out of will make it harder to balance the fice, I could not be more proud than I 741,653 would be furloughed—about 43 budget—not easier—because lost rev- was watching them play in these cham- percent of the Federal Government enue from a shutdown will simply add pionship games. work force—during a Government shut- to our deficit. Mr. President, I see the distinguished down. The GAO estimated in its 1990 report Senator from Mississippi on the floor. Imagine the effect on those hundreds that a 3-day closing would cost the When I started speaking there was no- of thousands of employees and their Government millions of revenue dol- body seeking recognition. He is the families who are facing the prospect of lars. manager of this bill. Is he seeking rec- an unknown period of unemployment. The Interior Department, for exam- ognition? If not, I have one more item These are hard-working people who ple, would lose $30 million in revenue to go to. struggle like millions of other Ameri- during a 3-day shutdown, and the Mr. COCHRAN. No. Please proceed. cans to balance their checkbook each Treasury Department would lose a f month. whopping $420 million. A longer shut- We should not hold their households down would lose millions more. Do we BIPARTISAN BUDGET SUMMIT hostage to our inability to provide a really want to waste taxpayer money NEEDED NOW workable Government budget for all to score political points over a Govern- Mr. LEAHY. Mr. President, 2 weeks Americans. ment shutdown? ago I called for a summit between Con- So let us keep in mind that when we Closing the Government, even for a gressional leaders and the President to contemplate a shutdown, we are talk- short time, carries serious con- avoid a Government shutdown when ing about punishing hard-working fam- sequences. It would rightfully heap the next fiscal year starts on October 1. ilies, not faceless bureaucrats, as some scorn on our political system. Since then, the House and Senate would lead us to believe. It would impair the effectiveness of have passed a couple more appropria- What would be the effects if 43% of necessary Government services, which tions bills and the administration has our Government workers are not al- many Americans depend on every day. threatened more vetoes. lowed to go to work? And it would waste millions of tax- I was encouraged, however, by last The GAO surveyed Government agen- payer dollars. week’s meeting between congressional cies in 1990 to find out the answer to Let us stop this fiscal insanity. Let leaders and the President that we may that question. Each agency estimated us build on last week’s bipartisan yet avoid a budget train wreck which that a Government shutdown would se- meeting and call a bipartisan budget will force the Government to shut- verely damage their effectiveness. summit. down. The President and congressional The Environmental Protection Agen- It is time for our leaders to start act- leaders were right to get together to cy, for example, estimated that ‘‘all en- ing responsibly. It is time for our lead- discuss a continuing resolution to fund vironmental protection services would ers to start using some common sense. the Government beyond October 1. be shutdown.’’ Do we really want to It is time for a bipartisan summit on I hope last week’s meeting signals a leave our environment at risk to score the budget. start to rational negotiations to solve political points over a Government Mr. President, I yield the floor. the current budget impasse. We need to shutdown? f build on the positive signals sent by The Food and Drug Administration both sides to reach a compromise. estimated under a shutdown ‘‘there AGRICULTURE, RURAL DEVELOP- That is why I renew my call for a bi- would be no work on applications for MENT, FOOD AND DRUG ADMIN- partisan summit now—before the budg- new drugs and devices.’’ Do we really ISTRATION, AND RELATED et crisis. We need to sit down now to want to put the benefits of new science AGENCIES APPROPRIATIONS hammer out our differences. and technology on hold to score polit- ACT, 1996 Resolving differences is the essence ical points over a Government shut- The Senate continued with the con- of governing. Let us get together, the down? sideration of the bill.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13706 CONGRESSIONAL RECORD — SENATE September 18, 1995 Mr. COCHRAN addressed the Chair. the budget permits and as generous as There being no objection, the mate- The PRESIDING OFFICER. The Sen- our rules permit—to provide some addi- rial was ordered to be printed in the ator from Mississippi. tional assistance to these disaster vic- RECORD, as follows: Mr. COCHRAN. Mr. President, I un- tims. derstand that we have some amend- I am urging the Senate to approve COTTON LOSSES DUE TO THE TOBACCO BUDWORM ments that have been offered and are the committee amendment that pro- pending now on this agriculture appro- vides this crop disaster assistance Acres— Loss in mil- State Abandoned lions of dol- priations bill which is the business be- money. The Senate should also know and reduced lars fore the Senate. that I have introduced separate legisla- yield AMENDMENT NO. 2686 tion to authorize the Secretary, if he Mississippi ...... 160,000 100 deems that additional disaster assist- Texas (in lower Rio Grand and southern Roll- One of these amendments that was ing Plains ...... 500,000 200–400 set aside for debate for later today was ance is justified, to ask for additional Alabama ...... 400,000 155 appropriations. Tennessee ...... 150,000 50–75 one offered by the distinguished Demo- Arkansas ...... 100,000 20 cratic leader in behalf of Senators That legislation has been introduced Georgia ...... 300,000 75 here in the Senate. It has been intro- North Carolina ...... Negligible KERREY and KOHL. That amendment South Carolina ...... Negligible would strike a provision of the bill that duced in the House in the companion bill which is sponsored by Congressman Sources: Mississippi: MS Department of Agriculture; Texas: Texas Exten- was added as a committee amendment sion Service; Alabama: Auburn Extension Service; Tennessee: National Cotton appropriating funds for use as disaster ROGER WICKER and Congressman Council; Arkansas: National Cotton Council; North Carolina: National Cotton BENNIE THOMPSON of Mississippi. Our Council; South Carolina: National Cotton Council; and Georgia: National Cot- assistance to supplement the benefits ton Council. provided by catastrophic insurance to entire delegation was invited to a disaster victims. The reason the com- meeting at the offices of the Mis- Mr. COCHRAN. Mr. President, the es- mittee approved this amendment was sissippi Farm Bureau federation in Au- timates not only identify the acreage because we have seen throughout the gust to hear firsthand the reports of that has been abandoned and which South this year some very serious dam- cotton producers and those who were will have reduced yields due to this in- familiar with the situation—immunol- age in the cotton fields of Alabama, festation, but also the translation in ogists, an economist from the Mis- Georgia, Mississippi, Texas, Tennessee, losses in terms of millions of dollars in sissippi Extension Service at Mis- and Arkansas as well. my State of Mississippi. It is a $100 As a result of massive infestations of sissippi State University who was fa- million estimate. But just this week, tobacco bud worms and beet army miliar with the facts. And, after hear- when I was home in Mississippi this worms, and other pests in the cotton ing all of the information, it became weekend, the newspaper carried a story crops in these States, it has been hard very clear to me that we needed to re- with new crop loss estimates that have spond both here in Washington and at to estimate the exact amount of dam- been compiled from throughout the every level of government to try to age done because harvesting has not South. It shows that even higher esti- help overcome the effects of this seri- occurred in many of the areas where we mates than had earlier been expected ous disaster. know the devastation is severe. So dol- are now justified on the basis of the It is one of those situations where it losses that are occurring. lar amounts are simply estimates at appeared that we were going to have a this point. But one estimate that we very good and productive cotton crop We have on our hands, Mr. President, saw in my State of Mississippi alone throughout the country this year. But one of the worst disasters in the cotton indicates that over 160,000 acres of cot- all of a sudden, because of the exces- industry that anyone can remember. ton have been damaged at a loss of over sive hot weather, hotter than usual, Our committee decided that it would $100 million. dryer than usual, and an enormous in- be important to make available some The reason the committee thought it festation of these insects and pests additional funds which the Secretary of was important to provide some addi- that almost overnight the complexion Agriculture could use to supplement tional benefits is that the catastrophic of the cotton crop this year was the benefits of the Catastrophic Crop crop disaster insurance program is not changed. Producers began trying to Insurance Program. sufficient to help farmers in this situa- find out what kinds of control meas- The Catastrophic Crop Insurance tion. And many of them are not going ures could be effective to deal with this Program is a new program. Farmers to be able to plant crops next year, and problem. Some of them spent huge were told, when this program was ap- some are not going to be able to stay in amounts on chemical applications that proved, that it would be a substitute business unless something is done to they were told by experts could help for the usual disaster assistance bene- help them. deal with this disaster only to find out fits that have occasionally been made We have already seen this last week that the money was really wasted. available when disasters struck the ag- a request from the Governor of Mis- Hundreds of thousands of dollars have riculture sector, and that the amounts sissippi transmitted to Secretary of been spent by many farmers in our of the benefits would be about the same Agriculture Glickman asking for dis- State to try to deal with and control that they would normally get; to qual- aster declarations in many of these these pests. And much of that money ify for the catastrophic crop insurance, counties in our State which will make has been wasted. you would be charged $50, and that available emergency production loans. There are many cotton fields in our would be a processing fee. These loans will be at reduced rates of State which will not even have a cot- I remember when I first heard about interest—I am told at about 3.75 per- ton picker put in the fields. They will it, I said to the Department of Agri- cent interest—and would be available not even try to harvest the cotton be- culture people who were briefing us, as emergency loan benefits, if the dam- cause it is just not there to pick. So ‘‘That’s too good to be true—$50. You age assessment reports justify the dec- total losses in many of our counties buy this insurance and it provides the laration and approval of the declara- have been sustained. same benefits that the Federal Govern- tion by the Secretary of Agriculture. I am going to ask, Mr. President, to ment has been making available as dis- One difficulty that we are encoun- put in the RECORD an estimate that has aster benefits on an ad hoc basis when tering, though, is that the early esti- been compiled from various sources, in- they thought it was justified.’’ I was mates are proving to be much less than cluding the Mississippi Department of assured that is what the promise was. what the damages are turning out to be Agriculture, the Texas Extension Serv- because of these massive infestations ice, the Alabama Extension Service, What has happened, as we get down of pests. and the National Cotton Council. The to the real details and we find out what It is certainly a concern to me that States of Tennessee, Arkansas, Texas, the benefits are of this so-called Cata- the Senators from Nebraska and Wis- Mississippi, Georgia, and Alabama are strophic Crop Insurance Program, we consin are urging the Senate to over- covered in this report. are finding out it does not provide the turn this provision in our bill. We had I ask unanimous consent, Mr. Presi- same coverage that historic disaster hoped that the Senate and the House dent, that this estimate of cotton assistance programs have provided. also would respond to this crisis situa- losses due to the tobacco bud worm be Previous disaster programs tradition- tion and be generous—as generous as printed in the RECORD. ally provided coverage at 60 percent of

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13707 historic yields at 65 percent of the mar- I am going to ask unanimous con- ‘‘Insects were a tremendous expense to ket price. This new catastrophic cov- sent, Mr. President, to put in the growers throughout Madison County,’’ Davis erage is 50 percent of historic yield at RECORD some additional supporting said. ‘‘Cotton prices probably will entice 60 percent of the market price. documentation on this, specifically an growers to return to cotton again next That may not sound like a great deal year.’’ article that I talked about that was in Growers throughout the southeast con- of difference, but it is. It is a substan- the paper this weekend which more tinue to await word on disaster assistance tially different program that is now clearly describes the seriousness of the from the federal and state governments as a being made available to disaster vic- situation and the enormous losses that result of tobacco budworm damage. tims. are occurring in Mississippi and else- Mr. INHOFE addressed the Chair. I know that one reason for the where as a result of this cotton crop The PRESIDING OFFICER. The Sen- change and one reason for the adoption disaster. of the new Crop Insurance Program ator from Oklahoma. There being no objection, the mate- Mr. INHOFE. Mr. President, I ask was to provide a predictable level of rial was ordered to be printed in the benefit when an agriculture disaster unanimous consent that I be allowed to RECORD, as follows: address the Senate as if in morning struck, and if farmers were not satis- [From the Clarion-Ledger, Sept. 17, 1995] fied that that was enough, they would business. GROWERS PICK TOUGH YEAR FOR MORE be encouraged thereby to buy addi- The PRESIDING OFFICER. Without COTTON tional coverage. They would buy up to objection, it is so ordered. STARKVILLE.—Cotton yields will not be another level of protection on their what many growers dreamed of when they f own. But a lot of farmers have not done increased Mississippi’s crop by 100,000 acres that, for varying reasons. Some mis- to take advantage of stronger prices. understood the benefit package that Higher than normal insect pressure and ex- INDEPENDENT STATUS FOR THE catastrophic insurance provided; some cessive heat have taken their toll. FAA were, frankly, convinced that the addi- ‘‘Preliminary yields do not look good,’’ Mr. INHOFE. Mr. President, last tional insurance was too expensive for said Will McCarty, extension cotton spe- cialist at Mississippi State University. month I introduced a bill that would what they would probably get from it The Sept. 1 crop report from the U.S. De- give the FAA independent status. As a as benefits; and there may have been partment of Agriculture brought bleak news matter of fact, when I introduced it, I other reasons. There has always been a on the expectations for Mississippi’s crop. read a speech as if I were giving it. It question about how the yields are cal- ‘‘The September report estimates 480,000 was really a speech that was given 20 culated and whether the yields were fewer bales of cotton for Mississippi than the years ago by Barry Goldwater, and too high or too low, whether they were August report predicted,’’ McCarty said. Barry Goldwater’s speech was a ‘‘The pounds per acre expectation dropped individual yields or countywide basis lengthy one, one that outlined the yields. There have been a lot of prob- 158 pounds. I can’t remember the crop report- ing service ever dropping us that much in problems in 1975 that had occurred lems with crop insurance, and every- one month.’’ since the FAA had gone under the De- body knows that. The cotton specialist said the news could partment of Transportation back in I raise this issue now, and I know it get worse as the season finishes. 1967. He talked about the procurement will be debated later by those who are ‘‘There is no doubt that the severe, contin- problems and the personnel problems trying to strike this money from the uous heat in July, August and early Sep- that are very unique to the FAA. bill, so Senators will be on notice that tember has taken a heavy toll on the crop,’’ McCarty said. Oddly enough, it was 20 years ago we are probably going to have to vote that Barry Goldwater made that on this amendment. Unlike other disas- Blake Layton, extension entomologist at MSU, said the state had faced the risk of cat- speech, and I talked to him the other ters that have been occasioned by flood astrophic tobacco budworm numbers for sev- day and he said, ‘‘I hope we will be able or bad weather, this is a disaster that eral years because of high levels of insecti- to do it now.’’ actually resulted in farmers going out cide resistance. I am talking about a life-and-death and spending money to try to prevent ‘‘The extremely high numbers in 1995 issue as a commercial pilot, I guess the turned that risk into reality,’’ Layton said. it on their own, trying to apply what last active commercial pilot in Con- they hoped would be new chemicals ‘‘This risk will exist again next year because we still will have problems with insecticide gress. I have experienced having our that were promised to work and did not lives in the hands of those controllers or did not work well enough to justify resistance. Severe winter temperatures will help reduce the danger.’’ down there, and it is very significant the enormous expenses that farmers The entomologist said because of the cy- that we do give them the independent went to to protect themselves. clic nature of these insects next year hope- status that Barry Goldwater was seek- Here they were. It was just weeks fully will be less severe. ing back in 1975. away from these bolls ripening and pro- ‘‘We seldom have two back-to-back years I really believe if we could do that, ducing the cotton for harvest when of insect populations at these levels of a pest they noticed that these bolls were like this,’’ he said. we could effect enough savings to actu- being infested with bud worms and Layton said natural predators and ally prevent having to raise fees and army worms and other pests. parasites increase with high numbers of an having to raise taxes as is being consid- One part of the story is good news, insect and help knock the numbers back ered right now in another bill, and as down. He said the damage to the 1995 crop is also is being suggested by the Presi- and that is that in many parts of our done. Growers are no longer applying insecti- State, the delta region particularly, dent. cides as the tobacco budworms prepare to On August 9, the chairman of the Ap- the cotton had gotten to the stage of overwinter in the ground. development where it was not affected In Forest County, where cotton is a new propriations Committee made a state- by the worms, and so we are not talk- crop, growers are anxious to harvest and see ment in the Chamber, and he said, ing about every area of our State being the bottom line. ‘‘The FAA tells us if they could have equally devastated by this problem. ‘‘We’re one of the few counties that this kind of operational flexibility’’— But we do have many areas of our haven’t had tobacco budworm problems, but now we are talking about independent we’ve had everything else—bollworms, beet State where there are total losses and status, free from the bureaucracy of armyworms, yellow-striped armyworms and the DOT, free from the procurement many areas where the yields are not even loopers,’’ said Lee Taylor, Forest Coun- nearly what they were expected to be. ty agricultural agent. ‘‘Last fall’s eradi- guidelines and the personnel guide- It is disheartening and it truly is a dis- cation efforts helped keep boll weevils from lines—‘‘they believe they could cut as aster of enormous proportions. So I becoming a factor this year.’’ much as 20 percent out of the procure- hope the Senators who are resisting Taylor said growers turned to cotton as ment budget’’ from what they are this effort to provide additional assist- marketing of soybeans and corn became less spending today. ance will reconsider. attractive. He said 1995 has been a good year Now, this is significant because that for cotton. happens to be approximately the The amount of money in the bill for Otis Davis, Madison County agent, said this purpose is about $40 million, and growers began harvesting cotton slightly amount that historically has been con- Senator KERREY’s amendment will earlier because of the dry conditions. The tributed to the FAA for operations strike that money. We hope that the drought is causing lighter seeds and smaller from the general revenues. And I sug- Senate will vote against it. bolls. gest to you that my bill does not give

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13708 CONGRESSIONAL RECORD — SENATE September 18, 1995 the FAA the power to increase fees in- in livestock production systems com- The Senator from California, Senator discriminately. I suggest, if we do that mon to the Great Plains States by ex- BOXER, for herself and Senator FEIN- such as is suggested in the McCain bill, perimenting in forage alternatives to STEIN—and maybe others—has offered instead of streamlining their bureauc- native pasture and winter wheat pas- to strike that amendment. In connec- racy, they would merely raise fees. ture. tion with that, I propose the following: I will read from the McCain bill the Fort Reno’s regional value is visible I ask unanimous consent that at 10:30 portion I am talking about. It says, ‘‘to in their cooperative efforts with ARS a.m. on Tuesday, the Senate resume establish a program of incentive-based stations in Booneville, AR, and consideration of the excepted com- fees for services to improve the air Bushland, TX, to solve the problems mittee amendment regarding chickens, traffic management system perform- caused by cattle raised on fescue pas- and there be 2 hours to be equally di- ance and to establish appropriate levels tures in the eastern-third of the United vided between Senators BOXER and of cost accountability for air traffic States. Fort Reno’s research on the re- COCHRAN or their designees. management services provided by the sistance of tropical cattle breeds of fes- The PRESIDING OFFICER. Is there FAA.’’ cue fungus problems continues to hold objection? So, Mr. President, I have a lot of re- valuable promise. Without objection, it is so ordered. spect for Mr. Hinson, David Hinson, In addition, Fort Reno many years who is the Administrator of the FAA. I ago established watershed research lo- Mr. COCHRAN. Mr. President, I fur- think he is one of the few real good ap- cations on several pastures to collect ther ask that immediately following pointments that this President has runoff and evaluate the environmental the vote on passage of H.R. 4, as made. And I think that if anyone could impact of agricultural waste, chemi- amended, the Senate resume H.R. 1976, streamline his bureaucracy, it would be cals, and sediment generated by var- and there be 4 minutes for debate on David Hinson. But I suggest to you ious grazing systems. Current plans the committee amendment, to be that the words that I recall that Ron- call for an evaluation of this long-term equally divided in the usual form, to be ald Reagan made way back in 1965 data and an expansion of the program followed by a vote on or in relation to when he said, ‘‘There is nothing closer to larger, system-size watersheds. This the committee amendment. to immortality on the face of this information will be very valuable as The PRESIDING OFFICER. Is there Earth than a Government program non-point source pollution reduction objection? once devised,’’ that is exactly what we goals are expanded in the Clean Water Without objection, it is so ordered. are faced with now. A bureaucracy Act reauthorization. Mr. COCHRAN. Mr. President, I never, as long as it has the ability to As a primary research facility, these thank the distinguished Senator from raise funds, is going to streamline their are just several examples of progress Arkansas and all Senators for permit- operation. being made at Fort Reno and a dem- ting us this unanimous-consent agree- So I hope that we will be able to con- onstration of the facility’s continuing ment. sider my bill very seriously. And I sug- contributions to the agricultural com- Mr. President, I suggest the absence gest there are about several million pi- munity of the Midwest. of a quorum. lots out there that are concerned about I know the committee is aware that The PRESIDING OFFICER. The this also. I think it would be very dif- the House of Representatives main- clerk will call the roll. ficult to go out right now and tell the tains full funding for the ARS station The assistant legislative clerk pro- pilots, who are paying an average of at Fort Reno in their fiscal year 1996 ceeded to call the roll. about $2,320 in various costs each Agriculture appropriations bill. In Mr. DORGAN. Mr. President, I ask year—for a small four-passenger air- light of the important research and ex- unanimous consent that the order for plane in addition to that, they are pay- isting nature of the Fort Reno site, I the quorum call be rescinded. ing the gas tax—to go out and tell continue to strongly support full fund- The PRESIDING OFFICER (Mr. these pilots that in 1990 we raised your ing for primary research at Fort Reno. HELMS). Without objection, it is so or- gas tax and we raised it again in 1993, Mr. COCHRAN. Senator NICKLES, I dered. and now we are going to start raising am aware of your strong interest in the Mr. DORGAN. Mr. President, I ask your fees. ARS facility at El Reno, OK, and share unanimous consent to speak as if in So, Mr. President, this can be done your support for the agricultural re- morning business for 5 minutes. without increasing fees and taxes. My search conducted there. bill will do that. I am going to be urg- The valuable work being conducted The PRESIDING OFFICER. Without ing the passage of this legislation. at the Fort Reno’s facility is indeed objection, it is so ordered. f unique and I recognize the importance of continuing research at the site. As f AGRICULTURE, RURAL DEVELOP- this issue is revisited by a House-Sen- MENT, FOOD AND DRUG ADMIN- ate conference committee, I will work SALE OF PMA’S ISTRATION, AND RELATED to maintain this valuable research AGENCIES APPROPRIATIONS Mr. DORGAN. Mr. President, on asset. Wednesday, the Senate Energy Com- ACT, 1996 Mr. President, I suggest the absence mittee will be meeting their reconcili- The Senate continued with the con- of a quorum. ation targets by debating a proposal of- sideration of the bill. The PRESIDING OFFICER. The fered by the Chair which includes, ARS FACILITY AT EL RENO, OK clerk will call the roll. Mr. NICKLES. Mr. President, I rise The bill clerk proceeded to call the among other things, something most to express my concern with the Senate roll. people have not heard much about. It is committee’s designation of the pri- Mr. BUMPERS. Mr. President, I ask called the sale of the PMA’s. Almost mary ARS laboratory at El Reno, OK, unanimous consent that the order for nobody knows what that means—the as a ‘‘worksite.’’ Upon a thorough eval- the quorum call be rescinded. sale of SWAPA or WAPA or the PMA’s. uation of the Fort Reno facility, it re- The PRESIDING OFFICER (Mr. GOR- Well, there are a lot of ideas rico- mains clear that this primary station TON). Without objection, it is so or- cheting around the Chambers of the remains an important and valuable re- dered. House and the Senate these days. Many source for the agricultural community Mr. COCHRAN addressed the Chair. are labeled ‘‘reform,’’ ‘‘change,’’ of the Midwest. The PRESIDING OFFICER. The Sen- ‘‘new,’’ ‘‘bright.’’ The fact is some of Fort Reno’s 7,000 contiguous acres, ator from Mississippi is recognized. these ideas are old ideas dressed in new numerous existing structures, includ- UNANIMOUS-CONSENT AGREEMENT clothes that have been bad for years. ing buildings and fences and valuable Mr. COCHRAN. Mr. President, there This is one of them. The notion that we on-site personnel resources, make it a has been a unanimous-consent agree- should sell the power marketing agen- unique asset and an ideal location to ment worked out in connection with cies in order to raise some short-term direct and administer research. the handling of an amendment to the dollars in the short run and lose dollars A large amount of work at Fort Reno appropriations bill. The amendment is every year thereafter makes no sense is dedicated to closing the forage gaps a committee amendment. at all.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13709 Let me describe for people who do Grace headed the Grace Commission. It would you not? So you show some more not have any idea what this means had a lot of good ideas. In fact, about money coming in because you sold what the consequences are and what two-thirds of the ideas in the Grace re- them. Then what happens every year PMA’s are. In my State of North Da- port were eventually adopted—a lot of after that? Every single year after that kota, some 40 years ago, they decided good ideas, but like anything else that you have a loss. The Federal Govern- to try to harness the Missouri River has a menu of ideas, some were genius ment would not be getting the money because it was causing a lot of prob- and some were dumb. it used to get and not getting the lems. Spring flooding would come and One of the dumb ideas, in my judg- money that it expected to get. the old Missouri would snake out in a ment—using a pejorative term—in the This is so symbolic of the way fiscal dozen different directions and cause Grace report was to sell our dams that policy exists around here. Sell an asset, enormous flooding all the way down to generate hydroelectric power. use it to say you are going to deal with Kansas City and elsewhere, and so they All the way back to the Grace report, an operating budget deficit. Sell an decided we needed to harness the Mis- we had this goofy notion that if we asset and get some money now despite souri River. So we built a series of would sell the dams so that those who the fact that in the long term by sell- dams under the Pick Sloan plan. One of would buy these dams and the hydro- ing the power marketing agencies you the dams was built in North Dakota electric facilities could reprice the lose money. You lose money every sin- called the Garrison Dam. It dammed up electricity to market rate, that would gle year in the long term because the a half million acres of water behind it. surely be a good thing for the Govern- income stream that used to come in Communities that used to exist are ment. But, of course, that did not get will no longer come in. now under water and have been for much traction throughout the 1980’s. Now, we are going to meet on years. It created a dam in order to pre- Some of the Grace report did because Wednesday in the Energy Committee vent flooding, and one of the benefits of some of it made sense and some of it to deal with this reconciliation re- creating that dam is that they put in just did not make any sense at all. This quirement. And you know, I am just turbines and the water runs through was part that did not make any sense, not moderate on the question of wheth- those turbines and generates elec- so it never got done. However, in re- er we should sell the power marketing tricity. The promise was that if you in cent years, there were calls to sell the agencies. The answer is no; under no North Dakota will be willing to play power marketing agencies—Southwest, condition should we sell the power host to a flood that comes and stays SWAPA, WAPA, three of them, four of marketing agencies. forever, so that downstream they can them actually, one of which is being Some say, let us let the customers play softball in the evening, light the sold—sell the power marketing agen- buy them on a preferential basis. The city park and not worry about flood- cies. power marketing agencies are part of a ing—if you will play host to a flood Well, it comes from people who, I long-term promise that philosophically that comes and stays forever on a half suppose, have two motives now. One is ought not be abridged or violated. We a million acres in order to help folks they do not think the public ought to ought not, for short-term purposes, downstream, we will give you some own anything—get it in private hands construct a mechanism here in budg- benefits. One of these benefits is that so it can be priced at whatever the etary policy that is just pound-foolish you will be able to generate low-cost highest price is. That is the philosophy in every respect—that will bring some regional electricity and send it around of some. And the second philosophy by money in in the short term by doing in a way that will benefit folks in the some is let us solve the budget problem something that is fundamentally un- region who are using electricity. today by selling assets. sound and philosophically wrong and So our people said, ‘‘Well, that In order to accomplish that philo- that in the long term will increase the sounds like something we would be sophical purpose, they had to change Federal deficit. willing to do,’’ and we did. The Pick the rules this year—the first year ever This is to me both philosophically Sloan program went forward and the in which they changed the rules—to important, because I believe there are dam was built and the flood was cre- allow you to sell an asset and show a certain public principles involved in ated and we generate electricity. That reduced deficit. the public ownership of these assets, promise of low-cost electricity for our Would it not be interesting to have a and it is also important from a fiscal region is a promise that has been kept family budget like that? You say, well, policy standpoint. And when we meet over the years. we will meet our yearly expenses by on Wednesday, I intend to be one of Now, the Garrison Dam that gen- selling the car, then the house, then those on the Energy Committee that erates that electricity with all the tur- the yard. says, I do not support and will not sup- bines and the water running through Well, we had a rule against that in port the sale of the power marketing that is owned by the public. It is owned Congress, for good reason, because peo- agencies. by the Government. And so are the ple who thought much about it under- There are a lot of good ideas running transmission lines and the dam stood what everybody knows: you do around this Chamber. I embrace many, through which that electricity flows in not solve your fiscal problems by sell- support many, and stand to speak for order to provide benefits to people who ing your assets. At least you do not many. But when I see an old idea are using their electricity on farms, in solve your operating budget deficit masquerading as a new idea, that is in cities, in businesses. Those facilities, problems by selling your assets. fact a bad idea for this country, it is the dam and the transmission lines, are But this year, it is different. This time to blow the whistle and say, owned by the Government. It is a pub- year, the majority party says our budg- ‘‘Enough; no more.’’ I do not know lic facility owned by the Federal Gov- et is going to change. We are going to where the votes are on Wednesday, but ernment. change that little old rule so you can I hope we can defeat this. In our region of the county, it is sell assets and therefore show a lower I say to those who wonder what the called WAPA, Western Area Power Ad- operating budget deficit. consequences might be, well, in my ministration. It is the way we take Well, there is one inevitable truth State, North Dakota—a very small public power generated from the dam about selling the power marketing State, 640,000 people—if they sell the and distribute it regionally for the ben- agencies. And that is this: Every single power marketing agencies and have efit of the people in our region because year they bring money into the Federal people bid on them so we get some we promised them if they would accept Government from the sale of this elec- short-term money in, what will happen a flood that came and stayed, we would tricity. Every single year we get is we will have short-term money in give them some low-cost electricity as streams of hundreds of millions of dol- the front end and it will cost us higher part of the benefit, part of the pay- lars from the sale of this electricity budget deficits in the long term, and ment. from the hydroelectric facilities. about 200,000 North Dakotans will pay Well, some years ago, there was a Now, if you sell them, what would be higher electric rates. plan that was developed to cut Govern- the budget impact? The budget impact It makes no sense at all. It violates ment waste—some of you remember in the first couple years would be—you the promise that exists as a result of it—called the Grace Commission. Peter would get the money for the sale, the construction of these facilities.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13710 CONGRESSIONAL RECORD — SENATE September 18, 1995 And in my judgment, this Congress makes sense is worthwhile for this Mr. President, I yield the floor. would do well to decide to stand on country. Nobody in this Chamber ever I make the point that there is not a principle and not entertain any longer ought to stand up and claim to be pro- quorum. the idea of selling the power marketing family if you are not pro-family farm- The PRESIDING OFFICER (Mr. agencies. er. Nobody under any condition ought ABRAHAM). The clerk will call the roll. Mr. President, I know there will be a to talk about being pro-family unless The legislative clerk proceeded to substantial amount of debate and dis- they are willing to stand for the inter- call the roll. cussion about this in the Energy Com- ests of maintaining a network of fam- Mr. DOLE. Mr. President, I ask unan- mittee on Wednesday, and I hope that ily farms in this country. That is imous consent that the order for the when the dust settles, we will find a where the nurturing and caring and quorum call be rescinded. way to defeat this proposal. sharing and the kind of development of The PRESIDING OFFICER. Without f family values in this country has al- objection, it is so ordered. ways begun for 200 years and rolled RESTRUCTURING THE FARM across this country to our small towns f PROGRAM and cities. The fact is, it makes a difference in Mr. DORGAN. Mr. President, let me AGRICULTURE, RURAL DEVELOP- address one other quick item as long as our future whether we have an inven- tory of agri-factories producing Amer- MENT, FOOD AND DRUG ADMIN- no one is seeking the floor. A group of ISTRATION, AND RELATED us just had a press conference about an ica’s food or whether we have families out there living on the land where the AGENCIES APPROPRIATIONS hour ago to introduce a piece of legis- ACT, 1996 lation that calls for restructuring the yard light is on at night and sending Farm Program. That is not very impor- kids to school and buying tractors in The Senate continued with the con- tant to most people if you are not in- town. It makes a difference the kind of sideration of the bill. volved in farming or do not live in a agriculture we have. Mr. DOLE. Mr. President, let me rural county or do not live in a rural Family farm-based agriculture is again remind my colleagues on both State. It may not matter to you what critically important to this country’s sides of the aisle, the managers of the kind of a Farm Program this country future. I know a group of us introduced Agriculture appropriations bill are on has. But if you are a family farmer try- legislation today that says you can the floor. They have been on the floor ing to raise some kids and raise a crop create a better farm program and save throughout the day. and keep things together and make a money if you simply disconnect from There are Members here who have decent living, the question of whether the giant agri-factories and decide to amendments who, for some reason, are this country has a Farm Program is focus a targeted price support on the holding back offering those amend- critical to your survival. family size farms. ments. Let me repeat what I tried to People say, ‘‘What is a family-size We have two different approaches to indicate this morning, that if we can farm?’’ I do not know the answer to the Farm Program these days: One em- complete action on the six remaining that. We do not have a statistical defi- bodied in the most recent budget that appropriations bills this week and by nition of a family size farm. But we do says, let us cut $14 billion out of the the 30th of next week, by next Satur- not have enough money anyway, so you agricultural function, that says we day, a week from this coming Satur- try to layer in the best price support should increase defense spending, build day, we would, I think, be prepared to you can for the first increment of pro- star wars, but we cannot afford a de- take the next week off, plus Columbus duction; and the effect of that is to cent farm program; let us cut $14 bil- Day. provide the bulk of the benefits to fam- lion. The President, by contrast, said, That is if we complete action on the ily sized operations. appropriations. I do not mean complete let us cut $4 billion. Now, we hope in the coming 3 or 4 the conference but complete action in Well, I accept that Agriculture weeks, in the time that is critical for the Senate Chamber so that either will should have some budget cuts and I the future of the new 5-year farm bill, be ready for conference as soon as we supported budget cuts in the past for that we can find a critical mass be- return. them. They have taken more than tween Republicans and Democrats, all We are trying to avoid the so-called their share in the past than they of whom, hopefully, will come together train wreck come October 1, which I should have, but more is to come. But to get a network of family farms in think can be avoided fairly easily. not $14 billion, $4 billion to $4.2 billion this farm bill. And we hope we can do I know some of my colleagues are the President suggested is in the range that. that makes some sense. There are some in this Congress who around but they just have not come to But what is interesting to me is that are willing to wave the white flag of the floor. It is very difficult for the now that this budget requirement is surrender and say, ‘‘We give up. It can- managers to proceed with the bill. out there, one which I do not support not be done.’’ What they do is consign If we finish this bill, this will be No. by the way, we are discovering that the rural counties in this country to eco- 8 out of 13. Then we will move to an- chairs of both committees in the House nomic despair and economic depres- other appropriations bill, hopefully do and the Senate in the agricultural area sion. My home county lost 20 percent three this week and three next week. cannot write a farm plan. They cannot of its population in the 1980’s and 10 But the managers of the bill cannot get a consensus on a farm plan. They percent in the first half of the 1990’s. It move unless they have the cooperation cannot find 10 votes in the Senate com- is shrinking like a prune. The current from Members. mittee for a farm plan apparently, be- farm program does not work. And it is Members sometimes are hard to cause they paint themselves in a cor- not going to help a thing by deciding to move, but if you intend to offer an ner with a $14 billion budget deficit re- surrender and pass something called a amendment to this bill, I would say to duction number in agriculture. You freedom to farm act, which, as I said, is my colleagues on both sides of the cannot write a decent farm plan with nothing more than a welcome to wel- aisle, please cooperate. We are only that. fare act. trying to accommodate the requests of Some say, well, we have a new ap- There is a better way to do this. Sen- many, many Senators the week of Oc- proach called the freedom to farm bill. ator DASCHLE, myself, Senator CONRAD, tober 1. But we cannot accommodate The freedom to farm bill, as my col- Senator EXON, Senator HARKIN, and those Senators unless we have the co- league, TOM HARKIN, said, is the ‘‘wel- others introduced legislation today operation of all of our colleagues. come to welfare’’ bill that disconnects that we think puts us on the road, the There will be a vote sometime this in every single way an opportunity to right track, to deal with this country’s afternoon, about 5:30. have a long-term price support that is farm problems. I hope all Members of Mr. COCHRAN. If the distinguished beneficial to family size farms. the Senate will be able to review it and leader would yield, I can say that we I will not apologize for a minute to consider it as we evaluate what direc- are trying to reach an agreement on a anybody for believing that investing in tion this country takes with respect to vote at a time certain later this after- family farmers with a safety net that farm policy in the coming 5 years. noon, certainly not before 5:30.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13711 There is an indication that we could Mr. DOLE. Or we could vote first and here, and has been so helpful. I might have a debate and a vote on the pro- then hear the amendment. say that the Senator was expanding on motion program amendment which Mr. BUMPERS. In any event, I hope the information that I got from the would be offered by the Senator from we start voting here. Senator COCHRAN Congressional Budget Office, which was Nevada and the Senator from Arkan- and I have waited patiently here all not clear, that the tobacco program sas, but that vote could occur as late day long with not some grace, but, in has people who are paid for their grad- at 8 o’clock, we are told. any event, we have been here. ing and inspection already. I think We are trying to work out an agree- I suggest the absence of a quorum. that needs a clarification, and the ment on what our options are. We The PRESIDING OFFICER. The RECORD should clearly reflect it. would like to have a vote later this clerk will call the roll. I think it is also appropriate to note evening. The bill clerk proceeded to call the the existence of a payment to reduce Mr. DOLE. Third reading would be roll. the deficit which has been made by the one option. Can we go to third reading? Mr. BROWN. Mr. President, I ask program. This amendment’s clear pol- Mr. COCHRAN. I do not think that is unanimous that the order for the icy is that this ought to be approved— appropriate since we have amendments quorum call be rescinded. no-cost-to-the-Government provision— where the yeas and nays have been or- The PRESIDING OFFICER (Mr. that it makes it clear in drafting the dered but we agreed that the votes will KYL). Without objection, it is so or- new farm program, or revising the ex- not occur until tomorrow. dered. isting farm program, that both the def- We have two amendments by Senator Mr. BROWN. Mr. President, I ask icit reduction effort, as well as the ad- BROWN from Colorado where the yeas unanimous consent that I be allowed to ministrative costs, which my amend- and nays have already been ordered. vitiate the yeas and nays on my ment was concerned with, ought to all We also have an agreement that has amendment No. 2689. be completely paid for. I think that been entered into regarding an amend- The PRESIDING OFFICER. Is there this is very helpful in that regard. ment by the Senator from California, objection? I yield the floor, Mr. President. Senator BOXER, where the vote will Without objection, it is so ordered. The PRESIDING OFFICER. Without occur tomorrow afternoon after we AMENDMENT NO. 2689, AS MODIFIED objection, amendment No. 2689, as have completed action on the welfare Mr. BROWN. Mr. President, I now modified, is agreed to. bill. will modify my amendment, provided So, the amendment (No. 2689), as So we have made progress. Senators the amendment has been delivered to modified, was agreed to. have cooperated. We do have out- the desk, and ask that it be considered Mr. BROWN. Mr. President, I rise to standing amendments, and we appre- as an amendment to the bill, not the offer an amendment and ask unani- ciate your suggestion that those Sen- committee amendment as previously. mous consent to set aside the pending ators who do want to offer amendments The PRESIDING OFFICER. Is there committee amendment so it may be of- come and offer them and talk about objection? fered to the underlying bill. them, and we will have a vote on one Mr. FORD. Mr. President, reserving The PRESIDING OFFICER. Without tonight and stack the rest of the votes right to object, I will not object. objection, it is so ordered. for tomorrow. The PRESIDING OFFICER. The AMENDMENT NO. 2690 Mr. DOLE. In addition, if they have Chair will indicate that this does not (Purpose: To limit the use of funds by the an amendment, it may be some of the require unanimous consent. Department of Agriculture to activities same Senators that had asked me Mr. FORD. I understand the Chair. that do not interfere with the primacy of about that first week in October. So I The Senator has the right to modify State water law) will keep that in mind when they come his amendment without asking unani- Mr. BROWN. Mr. President, I send an around the next time. mous consent. I will not object. amendment to the desk and ask for its Mr. BUMPERS. Mr. President, in re- The amendment (No. 2689), as modi- consideration. lationship to the discussion, I think fied, is as follows: The PRESIDING OFFICER. The Senator BOB KERREY has an amend- At the appropriate place in the bill, insert clerk will report. ment that is supposed to be on the the following: The bill clerk read as follows: floor at 5:30 to debate the amendment. ‘‘It is the Sense of the Senate that the cur- The Senator from Colorado [Mr. BROWN] The distinguished chairman of the rent statute establishing the Tobacco Mar- proposes an amendment numbered 2690. committee has suggested that we vote keting Assessment, which raises revenues Insert at page 84, between line 2 and line 3: used solely for deficit reduction purposes and SEC. 730. None of the funds available in this on the committee amendment, but I not in any manner to offset the costs of the Act shall be used for any action, including am also told that the committee tobacco program, should be amended to re- the development or assertion of any position amendment contains not only the dis- quire that the current assessment be set at a or recommendation by or on behalf of the aster relief as proposed by the chair- level sufficient to cover the administrative Forest Service, that directly or indirectly man, but also the provision that Sen- costs of the tobacco program.’’ results in the loss of or restriction on the di- ator BOXER objects to. The PRESIDING OFFICER. The Sen- version and use of water from existing water We could bifurcate. ator from Kentucky is recognized. supply facilities located on National Forest Mr. COCHRAN. We would not want to Mr. FORD. I thank the Chair. lands by the owners of such facilities, or re- Mr. President, let me express my ap- sult in a material increase in the cost of vote on the one relating to the poultry such yield to the owners of the water supply; issue that Senator BOXER is interested preciation to the Senator from Colo- Provided: nothing in this section shall pre- in, only that relating to the disaster rado for his working with Members this clude a mutual agreement between any agen- assistance for cotton farmers. evening in order to arrive at what we cy of the Department of Agriculture and a Mr. BUMPERS. Frankly, I think it is think is a reasonable conclusion to his state or local governmental entity or private important we tell people we are going desire. I think and hope that it will entity or individual. to start voting sometime after 5:15, reach what he is attempting to reach Mr. BROWN. Mr. President, this that we start voting. I am hoping we without having a confrontation. He has amendment has been improved by the can vote either on the Kerrey amend- been very gentlemanly about it, and I helpful suggestions of the Senator from ment or the committee amendment. do appreciate it. I hope that and be- Arkansas. Senator BOB KERREY is supposed to lieve that both sides will accept his What it is meant to do is address a be on the floor at 5:30. If he is, we will amendment now and that we can move rather unusual occurrence that hap- work out an agreement. If he wants to on to other amendments. pened several years ago; that is, water vote right then, first, that is fine. It is I thank the Chair. I thank the Sen- supplies, drinking water being deliv- fine with the chairman. Then we will ator from Colorado. ered from reservoirs in the mountains vote on that part of the committee The PRESIDING OFFICER. The Sen- of Colorado, being delivered to the cit- amendment. ator from Colorado. ies on the plains which crossed Federal Mr. COCHRAN. We do not have to Mr. BROWN. Mr. President, I want to ground. vote on both of them. extend my thanks to both Senators The Forest Service at one point had Mr. BUMPERS. That is right. from Kentucky; Senator FORD, who is suggested that literally the cities

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But nance Committee, and I have been a tenth, some portion of their water to frankly, the Federal Government and part of the development of this plan. be allowed to get a renewal of the ex- Forest Service should not have the Our plan would not cut Medicare, but isting permit to cross Federal ground. right to be arbitrary or capricious in would slow its rate of increase from This was ironic because some of those renewing these rights-of-way which are about 10 percent a year, which is well permits predated the existence of the critical to the very existence of some above inflation, to about what Presi- Forest Service itself. of these communities. dent Clinton once called for 2 years This approach was taken by the For- The Senator from Colorado has my ago, about 6 percent, twice the infla- est Service, localized in Colorado, and gratitude for offering it, and I am tion rate. not, at least at that point, in other happy that we were able to work out Now, Mr. President, it seems strange States, thankfully, by other depart- this language. We have no objection to to me that all these baseless ads ments of the Federal Government. You the amendment. imply—and they list me by name in my can imagine this would cause enormous The PRESIDING OFFICER. Is there State—that Senators who are trying to chaos. There is a law and body of case further debate on the amendment? If save Medicare are somehow forgetting law that relates to this and recognizes not, the question is on agreeing to the senior citizens and people with Alz- States rights in this area. amendment. heimer’s disease. I resent that deeply. Let me emphasize, Mr. President, The amendment (No. 2690) was agreed As one who had a father die of Alz- this phenomenon occurred where there to. heimer’s disease, I will not take a back was no change whatsoever anticipated Mr. BROWN. Mr. President, I move seat to anyone regarding the care of in the use of the water or the means of to reconsider the vote. senior citizens. I also do not intend to transiting the Federal ground at all. Mr. BUMPERS. I move to lay that sit idly by and let Medicare go bank- All of us understand that there are im- motion on the table. rupt. Nor will I allow our fiscal house portant laws on the books that grant The motion to lay on the table was be dismantled in order to protect well- broad authority and grant new permits agreed to. intentioned, but wasteful or inefficient to either use or cross Federal ground. Mr. BUMPERS. Mr. President, I sug- Government programs. We cannot go But this phenomenon had occurred at a gest the absence of a quorum. around promising everybody every- point where they were talking about The PRESIDING OFFICER. The thing. simply renewing an existing permit clerk will call the roll. We have a huge deficit that threatens with no change whatsoever. The policy The assistant legislative clerk pro- our children’s future. We also have a literally called into question then the ceeded to call the roll. Medicare system its trustees’ have pre- water rights throughout almost all of Mr. PRESSLER. Mr. President, I ask dicted will go broke if we do not do the State. unanimous consent that the quorum something about it. We can save Medi- As a matter of fact, if followed in call be dispensed with. care by reforming Medicare. We can other States, it could have endangered The PRESIDING OFFICER. Without save Medicare by finding greater effi- not only water rights throughout the objection, it is so ordered. ciencies, and eliminating waste, fraud entire West but property rights for Mr. PRESSLER. Mr. President, I ask and abuse. It means we have to use new States and citizens and municipalities unanimous consent to speak for 5 min- telecommunication methods and other throughout the entire Nation because, utes as in morning business. medical technologies to lower costs. It of course, once one is allowed to ex- The PRESIDING OFFICER. Without means we have to encourage greater tract or extort concessions based on re- objection, it is so ordered. choice in the kinds of medical services newal of an existing permit without Mr. PRESSLER. Thank you, Mr. available to seniors, which would also any changes, almost every city in the President. lower costs. We can do all these things Nation has some vulnerability. f and more without cutting Medicare, This, I think, makes the policy clear MISLEADING ADS TO SENIOR but by slowing its growth rate in order that that kind of extortion will not CITIZENS for Medicare to be there for seniors take place. well into the next century. And that is I want to thank both the Senator Mr. PRESSLER. Mr. President, there very appropriate. from Mississippi and the Senator from have been a number of ads run on tele- Now, we should take a look at who is Arkansas for their help in crafting this vision and newspapers regarding senior running these ads, at least in my State limitation. citizens programs in my State of South and maybe around the country. Who is Mr. COCHRAN. Mr. President, I con- Dakota and, I understand, around the disseminating this false information? gratulate the distinguished Senator country. These ads are very mis- First of all, one of the sets of ads is from Colorado for his amendment and leading. They wrongly allege if current being funded by the American Federa- for his successful negotiation of the plans by the majority in Congress are tion of State, County and Municipal amendment with the administration. carried out, certain people will not be Employees. Of course, one wouldn’t We are happy to recommend the ap- able to get care for Alzheimer’s disease know that by listening or reading the proval of the amendment and hope the or nursing care or medical treatment. ads, because the ads are being run Senate will support it. These are scare tactics. under a different name, the so-called Mr. BUMPERS. Mr. President, let me In my own case, I have taken great Save America’s Families Coalition. An- just echo the words of the distin- interest in senior citizens. In fact, my other is run by the so-called American guished Senator from Mississippi. The father, unfortunately, died of Alz- Health Care Association. I think that Senator from Colorado and several heimer’s disease. I have an Alzheimer’s there should be truth in advertising communities in Colorado have a very foundation. I am active on the board of here. Who are really behind these ads difficult problem in renewing ease- the Alzheimer’s association nationally and what is there agenda? ments and rights-of-way on municipal and in my State. I have been a cham- Let me say that I know there are water supplies which cross Federal pion of senior citizens. I am very con- many sides to American politics. How- lands. Those are up for renewal. cerned about their welfare. That is why ever, more and more, ads are being run I happen to come down very strongly I was concerned greatly when Medi- on television and the radio and in the on the human needs side when issues care’s trustees—a majority being mem- newspapers by front groups that try to like this arise. It is not that there are bers of President Clinton’s own cabi- hide the true source. It is hard to know not other problems that can and should net—declared earlier this year that by the disclaimer exactly who is behind be addressed in order to accommodate Medicare would go bankrupt unless we these ads. the future of those lines for the benefit do something about it—we who hold re- And so, Mr. President, I would say as of both parties, and that is the reason sponsibility. one who comes from a family who has I personally favor and the administra- A general plan to protect and pre- seen the tragedy of Alzheimer’s disease tion favors the provision in this serve Medicare has been put forth by firsthand that I am very, very con- amendment that as long as both par- those courageous enough to be involved cerned. I am concerned about our Na- ties voluntarily agree to changes which with it. I serve as a member of the Fi- tion’s seniors. I have fought for our

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13713 seniors from the very first day I took Plan Has Coddled the Rich and Socked So I want to thank the senior Sen- office as a U.S. Congressman. And I It to the Poor.’’ That is big 2-inch ator from Mississippi and the senior will continue to fight for them as a headlines across the banner of that Senator from Arkansas for the addi- member of the Senate Finance Com- newspaper. tions to the WIC Program which they mittee. My resolve is stronger than So when you say we have not given a provided in this legislation. ever. Our first priority for seniors is program, it is out there. It is out there. Mr. President, I suggest the absence simple: to preserve and protect Medi- And we are not scaring our old folks. of a quorum. care. I have just come from a meeting We are trying to protect them. So, a Mr. COCHRAN. Mr. President, will working on a comprehensive plan to little bit—a little bit is a whole lot bet- the distinguished Senator please with- save Medicare. I would hope that in- ter than trying to reach a tax cut. $240 hold? stead of running Medi-‘‘scare’’ ads, billion is a figure we all want to re- The PRESIDING OFFICER. The Sen- these liberal special interest groups member—$245 billion. That is a tax cut. ator from Mississippi. would offer real solutions to what When you cut the expenditure of Gov- Mr. COCHRAN. Mr. President, let me President Clinton and every Member of ernment to balance the budget, that is just thank the Senator from Rhode Is- Congress believes is a very severe prob- one thing. And we are all for that. I am land for his generous comments and his lem. I would like to see their ideas, for it. But then you say you want to support for the provisions of the bill their plans specifically. give a tax cut, that means you have which he described. It is very difficult All of us will have to stand on the got to cut more. in this time of diminishing access to Senate floor soon and vote up or down So the problem now is not balancing funds under our allocation and budget on these issues within the next few the budget; the problem now is $245 bil- resolution to keep this caseload up to weeks. At that time, our views and our lion that will be a tax cut. If we can the existing level. It has been done votes will be known. Before that oc- get around to not using that or not giv- with the full cooperation of the other curs, I hope all those behind the cur- ing it to the ultrarich, I think the bal- members of the subcommittee. rent ad campaigns will step forward anced budget and the programs would We recognize that it is an important and join in a constructive effort to save go through very smoothly. program. It is a program that saves There is no big argument about mak- Medicare. This issue is too important money, I think, in terms of health care ing Medicare solvent, no argument at for our seniors, and they deserve a con- costs and learning deficiencies that all, but it is giving a $245 billion tax structive dialogue and debate. would occur were it not for the proper cut to the most wealthy in this coun- Mr. President, I yield back the bal- nutrition at these ages. try while you take a big hunk out of ance of my time. So I appreciate very much the Sen- I suggest the absence of a quorum. Medicaid. ator noticing the hard work that was And I see the Alzheimer’s patients Mr. FORD. Mr. President, would the put in on this subject. under Medicaid, I see the Alzheimer’s Senator from South Dakota withhold Mr. CHAFEE. Mr. President, what patients under Medicare. There are a that motion? the WIC Program is, for those who do lot of people in this Chamber that Mr. PRESSLER. Yes, I will. not know, it is a nutrition program, as Mr. FORD addressed the Chair. probably can use Medicare. I am of the distinguished senior Senator from The PRESIDING OFFICER. The Sen- that age, others of that age. But the Mississippi said, a nutrition program ator from Kentucky is recognized. problem results in a $245 billion tax for women, infants, and children. Mr. FORD. I ask unanimous consent cut. If we did not have that, we would Furthermore, invariably, at least in that I might proceed as in morning not have the problem. The ads would my State, it takes place in a setting business for 2 minutes. not be running. We would already have where you might say it is one-stop The PRESIDING OFFICER. Without the appropriations bills out. We would shopping, where a mother can come objection, it is so ordered. be waiting for the conference to come and her infant child will be cared for back. We probably could meet our f and, in addition, can get some nutri- deadline of October 1 for the budget. tion advice from experts. HEALTH CARE I understand my time is probably up, As the distinguished Senator from Mr. FORD. Mr. President, I under- and I thank the Chair for his friendly Mississippi said, this is really proven stand where my friend from South Da- greetings. out to be a money saver in the long kota comes from. But there is part A I yield the floor. I suggest the ab- run. If we can keep these infants and part B under Medicare. Part A, we sence of a quorum, Mr. President. healthy and get them off to a good The PRESIDING OFFICER. The talk about the trustees and their re- start, savings to the Nation in the form clerk will call the roll. ports. They gave us two reports. One is The assistant legislative clerk pro- of medical care are very, very signifi- a $136 billion surplus today in part A; ceeded to call the roll. cant in the long run. but in 7 years it will be down to minus Mr. CHAFEE. Mr. President, I ask So I am happy this was able to be $6 billion. Under part B, there is $17 bil- unanimous consent that the order for worked out the way it was. lion in surplus today; and 7 years from the quorum call be rescinded. Mr. President, I suggest the absence now it will be $25 billion in surplus. The PRESIDING OFFICER. Without of a quorum. The President has put out that he objection, it is so ordered. The PRESIDING OFFICER. The would want $89 billion in part A to clerk will call the roll. f make Medicare solvent for 10 years, The assistant legislative clerk pro- and he has asked for a little bit more AGRICULTURE, RURAL DEVELOP- ceeded to call the roll. to make Medicare solvent. We agree MENT, FOOD AND DRUG ADMIN- Mr. COCHRAN. Mr. President, I ask with the problems of solvency. The ISTRATION, AND RELATED unanimous consent that the order for President has three members on the AGENCIES APPROPRIATIONS the quorum call be rescinded. board of trustees, or the commission, ACT, 1996 The PRESIDING OFFICER. Without that reports to all of us annually. And The Senate continued with the con- objection, it is so ordered. so we have given a proposal. We do not sideration of the bill. UNANIMOUS-CONSENT AGREEMENT want to take $270 billion out over 7 Mr. CHAFEE. Mr. President, I want Mr. COCHRAN. Mr. President, we years. We do not want to cut another to take this opportunity to thank the were successful in getting Senators to $240 billion out of Medicaid. managers of the bill for the increase cooperate in identifying the amend- So when you look at that, the reduc- that they have given to the WIC Pro- ments that remain to be offered to this tion in the budget comes out of health gram. I think the WIC Program is an bill. We are prepared now to seek unan- care—comes out of health care. And outstanding program, and I think it is imous consent to limit the amend- something, in my opinion, has to be worthwhile. Its value has been evi- ments on the bill to those which we wrong when we are looking at children denced by the fact that the distin- will read. These have been cleared on to be hurt, we are looking at the elder- guished managers of the bill have given both sides of the aisle. ly to be hurt. And yet the headline in it a very nice increase for the upcom- I now ask unanimous consent that the Nashville Tennessean is, ‘‘The GOP ing year. the following amendments be the only

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13714 CONGRESSIONAL RECORD — SENATE September 18, 1995 remaining amendments in order to earlier in the day by Senator DASCHLE this is all about. If additional time is H.R. 1976, other than the pending on his behalf, would be the pending needed, I am happy to consider that, amendments; that they be offered in business. Parliamentary inquiry. Is along with the interests of other Sen- the first or second-degree; if a com- that correct? ators. I know Senators have made mittee amendment still remains to be The PRESIDING OFFICER. The Sen- plans for other activities tonight. They amended, any first-degree amendment ator is correct. thought they were going to vote at 5:30. be subject to relevant second degrees: Mr. BUMPERS. Mr. President, what I wonder if the Senator can tell us A Stevens budget for Assistant Sec- is the pending business? what his needs would be in terms of retary of Natural Resources amend- The PRESIDING OFFICER. The time to debate this amendment. I will ment; a managers’ package; two Coch- pending amendment is No. 2688 offered be happy to yield to the Senator to re- by the Senator from Colorado to the ran relevant amendments; a McCain spond, without losing my right to the committee amendment. funding for travel colleges; Domenici floor. on scoring; Abraham on advisory com- Mr. BUMPERS. That is the amend- Mr. KERREY. Mr. President, I say to mittees; Senator BINGAMAN requiring ment on the peanut subsidy? The PRESIDING OFFICER. That is the distinguished Senator from Mis- USDA energy savings initiatives; Sen- correct. sissippi, there are others who have told ators BOXER and FEINSTEIN on chick- Mr. BUMPERS. Just to refresh my ens, fresh and frozen regulations; Sen- me they want to speak. I just arrived own understanding of this, what was here. I am not sure how many others ator BRADLEY, two relevant amend- the question and answer of the distin- have actually come to speak in favor of ments; Senator BRYAN, one to elimi- guished Senator from Mississippi as to this amendment. I personally can get nate the Market Promotion Program what the regular order was? and three relevant amendments; Sen- by easily with 10 or 15 minutes. I won- The PRESIDING OFFICER. Amend- der if the Senator would mind making ator BUMPERS, two relevant amend- ment No. 2686, the amendment offered it 30 minutes, and I will be prepared to ments; Senator BYRD, relevant amend- by the Democratic leader on behalf of ment; Senator CONRAD, an amendment yield it back if nobody else shows up. It the Senator from Nebraska. may be necessary at this point, since to establish a United States-Canadian Mr. COCHRAN. I call for the regular some Members have been waiting and review on water in North Dakota, ARS order. potato research laboratory and a rel- know what time the vote was going to AMENDMENT NO. 2686 be scheduled, to give them time to get evant amendment; Senator DASCHLE, The PRESIDING OFFICER. Amend- here. As far as the amount of time I re- two relevant amendments; Senator ment No. 2686 is the pending question. DODD, two relevant amendments; Sen- Mr. BUMPERS. Mr. President, I sug- quire personally to speak on this ator DORGAN, a United States-Canadian gest the absence of a quorum. amendment, 10 or 15 minutes would be study on Devil’s Lake; Senator FEIN- Mr. COCHRAN. I have not yielded the all I would need. GOLD, a rural development amendment floor. Do I have the floor? Mr. COCHRAN. I thank the Senator. and one on research grants; Senator The PRESIDING OFFICER. Yes. Let me see if this is suitable to Sen- HARKIN, food stamps amendment; Sen- Mr. COCHRAN. Mr. President, the ators. purpose of coming to this amendment ator KERREY, cotton disaster assist- I ask unanimous consent that we in the regular order is that this amend- ance funds amendment; Senator KERRY vote on or in relation to the Kerrey ment was the first offered today by the of Massachusetts, prohibit Market Pro- amendment at 6:30. motion Program, mink export amend- distinguished Democratic leader on be- ment, and a relevant amendment; Sen- half of the Senator from Nebraska and The PRESIDING OFFICER. Is there objection to that unanimous-consent ator KOHL, two relevant amendments the Senator from Wisconsin, with the plus an amendment on rural develop- understanding that it would be taken request? ment grants; Senator LAUTENBERG, two up later in the day. It is later in the Is the time to be divided in the usual relevant amendments; Senator LEAHY, day. We have told Senators that we fashion? Does the Senator wish to an amendment to restore livestock would not have a vote on this bill until specify a division of time? feed assistance and an alternative de- 5:30. We now have reached that point Mr. COCHRAN. Under the usual form, velopment amendment; Senator LEVIN, and beyond. I have spoken against the and that no other amendment would be Michigan special research grant Kerrey amendment, and for the com- in order to the amendment. amendment and a relevant amendment; mittee amendment, which is the sub- The PRESIDING OFFICER. Is there Senator REID, sugar program amend- ject of the Kerrey amendment. objection? ment and two relevant amendments. The Kerrey amendment seeks to Mr. BUMPERS addressed the Chair. strike the committee amendment Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- which contains funds—$41 million—for Mr. KERREY. Mr. President, this is a ator from Arkansas. disaster assistance for cotton pro- fairly straightforward amendment. I Mr. BUMPERS. Mr. President, I have ducers, which have been hard hit this must say I offer it with some reluc- just been advised that Senator FORD year by a massive infestation of beet tance. The distinguished Senator from would like to be added as having one army worms, tobacco budworms, and Mississippi and the distinguished rank- relevant amendment. Otherwise, we unusually dry weather, which has exac- ing member from Arkansas have done have no objection to the list as read by erbated a very difficult situation an excellent job with the agriculture the chairman. throughout the South and Southwest. appropriations bill and in staying open Mr. COCHRAN. Mr. President, I ask I notice that the Senator from Ne- to suggestions and staying open to that my UC be amended, as pointed out braska has come to the floor now to preferences of individual Members. by the Senator from Arkansas, and to speak to the amendment. I am pre- add a Gorton relevant amendment, plus pared to yield the floor and permit However, this $41 million appropria- a Gregg relevant amendment and, as whatever time he may need to discuss tion for cotton really does put us on a modified, I so ask unanimous consent. his amendment. I hope that we can slippery slope, Mr. President. Last The PRESIDING OFFICER. Is there then vote on his amendment, or a mo- year, when we set in motion the en- objection to the unanimous consent tion to table his amendment. I am pre- hanced crop insurance program, the agreement, as modified? Without objec- pared to move to table his amendment promise was that crop insurance was to tion, it is so ordered. and ask for the yeas and nays, but I am be to replace ad hoc disaster programs. Mr. COCHRAN. Mr. President, I not going to do that if he wants to That was the promise. If we begin thank the distinguished manager on speak to that amendment now. today, less than a year later from put- the part of the minority for his co- Before I yield for that purpose, I won- ting that program into place, saying, operation and all Senators for cooper- der if we can agree on a time certain, well, here is a case we can make, there ating to identify these amendments. for the benefit of all Senators, on a mo- is no question—and I do not argue with Let me say now that if we called for tion to table the Kerrey amendment. the distinguished Senator from Mis- the regular order, which I am prepared I am hopeful that the Senator could sissippi that the disaster and tragedy to do, as I understand it, the amend- agree to take no more than 10 or 15 affecting cotton producers is meri- ment of the Senator from Nebraska, minutes. I think I spoke for about 10 torious. However, we said that instead Senator KERREY, which was offered minutes. Most Senators know what of

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13715 ad hoc disaster, we were going to do ought to continue with crop insurance. their capacity to invest in things that crop insurance. If it is demonstrable that crop insur- maintain their base of sales is substan- It seems to me, Mr. President, that if ance does not work—and there are tially reduced as a result. we begin with cotton, there will be many problems still with that—and it The same is true with the Federal amendments offered to do soybeans or is demonstrable that it does not work, Government. It would be bad enough, corn or rice, or all sorts of things. We we should abandon the crop insurance Mr. President, if we had 67 percent and will get appeals, one after another. And program and go back to year in and it stayed there. Under both the Presi- those of us who have heard those ap- year out politically deciding in Con- dent’s proposal and the Republican peals thus far have been able to say, gress how it is that we are going to al- budget resolution that percentage con- no, I would like to go to the floor and locate resources for the disaster pro- tinues to grow so that in the year 2000 offer an amendment on your behalf, I gram. it is 75 percent, not 67 percent. understand the disaster is serious; how- Mr. President, that concludes my Mr. President, that is 8 percentage ever, we are using crop insurance. stirring remarks on this particular points, approximately, additional We need to improve that program. It amendment. I told the Senator from growth in entitlements. On this year’s is not perfect. We nonetheless need to Mississippi I was going to take 10 or 15 spending that is nearly $140 billion of work with that program, rather than, minutes. I have not done that. additional money of our budget that is going to entitlement spending. at least for people like me, breaking a f promise to taxpayers that we would I know the Senator from Mississippi not have both an ad hoc disaster pay- MEDICARE understands this. If we had $400 billion ment and crop insurance. Mr. KERREY. Mr. President, I will which is what 25 percent would be, if The details of the reallocation, Mr. test the patience of the Senator from we had 25 percent of our budget allo- President, are as follows: $35 million of Mississippi by talking on a subject that cated this year for defense and non- the $41 million would go into a rural is very much related to this and that is defense appropriations, we would have community advancement program, the proposal that was made last Friday $400 billion, Mr. President. which includes grants and loans for on Medicare by the Republican leader- Our most dovish liberal member water and sewer improvements, rental ship in the House of Representatives. would probably spend $250 billion on housing, and other important rural de- I read over the weekend the details defense, leaving $150 billion for non- velopment programs. The Senator from that were available—not all details defense spending. Mr. President, as I look at the Re- Arkansas and the Senator from Mis- were available. I make the comments publican Medicare Preservation Act— sissippi have both spoken eloquently because I know on our side in the Sen- whatever they call it; something to on the rather severe cuts we have in ate Finance Committee they are delib- that effect—of 1995, they say the pro- rural development in this bill. It is un- erating, as well, trying to discover how posal preserves Medicare in the future. to come up with $270 billion. avoidable. We can avoid a piece of that It does not. All it does is it picks as the Allow me to say two things about by enacting this amendment. problem the year 2002 but it does not Second, $4.5 million goes into the this. One, there are many on this side, alert Americans to the enormous de- rural development loan fund inter- many Democrats on this side, that mographic problem of baby boomers mediary lending program—an ex- would rush immediately to embrace a that come online and begin to retire in tremely successful program, one that proposal to eliminate the deficit by the the year 2008. has bipartisan support, Mr. President— year 2002 if we could eliminate the en- Mr. President, unless we take a that promotes rural economic develop- thusiasm for a tax cut that still is on longer view, we do not see the appro- ment by making investment capital the table. priated accounts begin to dip even available, via a locally based nonprofit I understand that enthusiasm is lower than 25 percent, eventually be- intermediary, to rural businesses that there. I did not hear an awful lot of coming zero, unless we take action. typically cannot obtain financing from people in the Senate, at least when There are two things that put pres- conventional sources. they were campaigning for reelection, sure on the appropriations accounts Lastly, $1.5 million goes into rural campaign on a promise to put those that requires us to cut back in agri- technology and cooperative develop- portions of the Contract With America culture this year, as well as all other of ment grant programs, which provide in our budget reconciliation. our 13 appropriations bills. One is a tax funding to public bodies and nonprofit The choice is not between bigger cut that is insisted upon by the Repub- organizations to establish rural tech- Government and smaller Government. lican majority. nology and cooperative developing net- We would still have a balanced budget I do not believe—I am not sure even works nationwide to help improve eco- by the year 2002, all with cuts in spend- the majority is that enthusiastic on nomic conditions in rural America. ing. We would still have a proposal the Republican side. Bigger than that, Again, the amendment rests upon a that would not have any tax increases Mr. President, by my calculation, is a belief that we should either do crop in- in it. factor of four—four times larger than surance or ad hoc disaster. Again, I do I think we could take an awful lot that problem—is the problem of growth not challenge the meritorious nature of and we could get a bipartisan agree- of entitlements. the cotton disaster. But I do believe, ment and still have a very tough budg- We Democrats will have to say to Re- Mr. President, that it would be a ter- et reconciliation if that were accept- publicans—indeed the proposal put out rible mistake for us to move away from able to my colleagues on the Repub- last Friday instead of saying it does crop insurance, back into this sort of lican side. too much, the biggest deficiency that I dual thing where we say, well, if crop Much more difficult, and it gets dif- find with the proposal, Mr. President, insurance does not work, we will do ad ficult on this side, is that we have in is it does not do enough. My criticism hoc disaster on top of that, and the place, Mr. President, with our entitle- of it, it is not big enough. It does not next thing you know, taxpayers are ment programs, growth in those pro- really fix the problem. paying for both. Next will be blue- grams that continue to erode our en- I stand here as one Democrat who is berries and potatoes and everything tire budget. concerned about what we are doing to else that comes in. They will say, ‘‘I Imagine a business out there that has these appropriated accounts. I see see that in 1995 you took care of cot- $1,000 or $100,000 or $1 million or $10 many areas where Republicans and ton; can you take care of us as well?″ million or $100 million worth of sales Democrats, whether it is rural develop- I hope colleagues understand that I with 67 percent of their sales being ment or transportation or education, do not offer this amendment as a con- eaten up in costs related to mandated could agree that we are not spending sequence of radical disagreement or ob- spending. That is, noncontrollable enough, that we are decreasing our pro- jection to what the chairman and rank- spending. ductive capacity in the future and de- ing member are doing. They have done In this case, most of the retirement nying ourself higher standards of living an exceptional job of putting this bill and health care. Imagine, 67 percent. and more economic growth. together. I offer it as a consequence of Their capacity to invest in equipment, As a result, where we have agreement believing very strongly that our policy their capacity to invest in employees, we are simply unable to come up with

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13716 CONGRESSIONAL RECORD — SENATE September 18, 1995 the resources, first, because of a tax hoc disaster assistance payments for money, in some instances, it did not cut that is still in here; but a far larger crop losses every time our farmers work and cotton crops were devastated. looming problem is the growth of enti- have losses. And our short-lived experi- Many of those who suffered from this tlements. ment in fiscal responsibility will have disaster will not be able to gin a single I see that the cosponsor of this bill, failed. bale of cotton. There are many who Senator KOHL, of Wisconsin, is on the But we can choose the alternate have suffered huge yield losses. floor. I yield the floor. course, and reject this provision and As the insertions that I had printed Mr. KOHL. I thank my colleague thereby keep the promise that we made in the RECORD earlier in the day will from Nebraska. to the taxpayers last year to end ad clearly show, in our State it is esti- f hoc disaster payments for crop losses. mated there will be over $100 million in So I urge my colleagues to choose the damages and losses. These are real AGRICULTURE, RURAL DEVELOP- latter course, and support this amend- losses to real people who have invested MENT, FOOD AND DRUG ADMIN- ment. time, effort, and, over long periods of ISTRATION, AND RELATED Mr. COCHRAN. Mr. President, how time, developed businesses and farms AGENCIES APPROPRIATIONS much time remains under the agree- that now may be lost as a result of this ACT, 1996 ment? infestation and the lack of response The Senate continued with consider- The PRESIDING OFFICER. Under from our Government. ation of the bill. the agreement, the Senator from Mis- It is my hope we will not just stand AMENDMENT NO. 2686 sissippi has 17 minutes, and the Sen- by and let this amendment be adopted Mr. KOHL. Mr. President, I rise ator from Nebraska has 3 minutes. and transfer these funds to other por- today to join the Senator from Ne- Mr. COCHRAN. Mr. President, I yield tions of this bill. I am hopeful the Con- braska in offering an amendment to in- myself such time as I may consume. gress will respond to this situation and crease funding for critically important I am hopeful that Senators will look give the Secretary the authority to do rural development programs, offset by at the language of the committee something for them. It does not say he the elimination of the ad hoc cotton amendment and recognize that we are has to, but it says if he feels it is justi- disaster provision included in this bill. not creating, by law, a new disaster as- fied, if the facts justify it, if the sever- The cuts required in this year’s Agri- sistance program. We are giving au- ity of the loss justifies it, if there is culture appropriations bill are very dif- thority, however, to the Secretary of merit to the suggestion that the Gov- ficult. Both the chairman and the Agriculture to use his discretion, and if ernment has a duty to respond to peo- ranking member of the Agriculture Ap- he feels that supplemental disaster as- ple in dire situations who cannot help propriations Subcommittee have done sistance is justified under the cir- themselves, the Secretary has the au- an admirable job with this bill under cumstances, he has access to these thority to do it. That is all this provi- very difficult budgetary circumstances. funds to make such assistance avail- sion says. However, there is one major provi- able to cotton crop producers who are So, it disappoints me greatly that we sion in this bill to which I must object, victims of one of the most devastating are being asked to turn our backs on and that is the $41 million ad hoc cot- disasters that we have witnessed in the farmers who traditionally have been ton disaster provision. I find this provi- deep South. able to look to Congress as sort of the sion inappropriate for two reasons: This is a disaster that has come upon last court of appeal when they are in First, the cotton disaster provision is us very quickly, without any warning. desperate straits. And they are. Many inappropriate in light of the Federal A lot of cotton farmers, as a matter of are—not all, but many are. Those who Crop Insurance Reform Act just passed fact, had understood that the level of are need to have an opportunity to last year. With great fanfare, Congress catastrophic crop insurance assistance have their cases heard at the Depart- passed crop insurance reform legisla- would be about the same that usual ment of Agriculture for additional and tion to require farmers participating in disaster programs provide under cir- supplemental benefits under the crop USDA programs to buy federally sub- cumstances that have become familiar insurance program. sidized crop insurance, to better pre- to those in farming: weather-related I am hopeful the Senate will agree to pare for unexpected crop losses. We all disasters, floods, storms of various provide this opportunity for additional hailed the passage of this legislation as kinds. But, normally, weather-related assistance. I do not know how far these being the end to ad hoc crop disaster disasters have triggered the avail- funds will go. Mr. President, $41 mil- payments, representing a new era of ability of some kind of disaster assist- lion sounds like a lot of money, but if fiscal responsibility. ance from the Federal Government. you look at all the States that are in- Despite the near unanimity of our de- Relying upon that assurance, when volved and all the acreage that is in- cision to end ad hoc disaster payments, the Secretary of Agriculture and this volved, this report we got from the ex- we stand here today debating whether administration promoted this program tension service and the Department of or not to provide ad hoc disaster pay- and encouraged farmers to embrace the Agriculture indicates the losses were ments. We made a promise to the U.S. new crop insurance program—they substantial in our State and Texas, taxpayer last year, and I think we were told that they would automati- Alabama, Tennessee, Arkansas, Geor- should keep it. cally be covered if they participated in gia, and there were some losses in The second reason that I find this the commodity programs—cotton pro- North Carolina and South Carolina as disaster provision inappropriate is be- ducers, who were signed up for the pro- well—but in our State, 160,000 acres cause of the painful cuts required else- gram, about 90 percent of them nation- have been either abandoned or have se- where in the bill. At a time when core wide, almost 100 percent of them in riously reduced yields. In Texas, it is rural development programs are being this region, thought that in case of a 500,000 acres; Alabama, 400,000; Georgia, cut by nearly 30 percent from last natural disaster they would have some 300,000. These are huge amounts of year’s level, providing $41 million in predictable level of coverage. land, where either no cotton is going to unauthorized disaster payments be- But, as it has turned out, the cov- be harvested this year or very little comes even that much harder to ac- erage that is being made available is will be harvested. cept. substantially less than that which had So I am saying that this is an un- Mr. President, the choice we make been provided under disasters that had usual circumstance. Not only are the regarding this amendment goes far be- been experienced in the past. What losses being suffered, but huge expendi- yond any specific crop loss for any spe- makes this disaster different is that tures have been made by many of these cific commodity in any specific year. If farmers, upon seeing the prospective farmers to try to protect themselves in we decide to allow this ad hoc disaster devastation in their crops, began add- this situation. So it has doubled the provision to remain in the bill, it will ing more pesticides, getting clearance loss. Not only did they incur losses be- set a very bad precedent for crop insur- through the EPA for emergency clear- cause they will not get any return at ance reform in general in the future. ance of new kinds of insecticides to try all, they have expended more money If this provision becomes law, each of to cope with this menace. And even trying to save the crop that they had, us will feel compelled to push for ad with the expenditures of huge sums of that was well underway, that looked

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13717 good, was going to produce a good crop So I hope, for reasons cited, Members The PRESIDING OFFICER. Is there up until just a few weeks ago. will look very carefully at this. It is a objection? So I am suggesting that we look with difficult amendment because the dis- Without objection, it is so ordered. a sympathetic heart upon the situation tinguished Senator from Mississippi is The PRESIDING OFFICER. The that we find ourselves in today and ap- very persuasive and very well liked and question is on agreeing to the motion prove this committee’s recommenda- has put together an awfully good piece of the Senator from Mississippi to lay tion that these funds be made available of legislation. But I promise Members on the table the amendment of the if the Secretary thinks they can be they will find, if they vote no on this Senator from Nebraska. On this ques- used and that it is justified. And I hope amendment, that they will have a dif- tion, the yeas and nays have been or- he will find it is justified. ficult time voting no in the future. dered, and the clerk will call the roll. The PRESIDING OFFICER. The Sen- Mr. KOHL. Mr. President, I offer a The legislative clerk called the roll. ator from Nebraska is recognized. brief comment. We might as well be Mr. LOTT. I announce that the Sen- Mr. KERREY. Mr. President, I have voting up or down on this amendment. ator from New York [Mr. D’AMATO], two arguments in response to the dis- I think it is a mistake to say, ‘‘Let us the Senator from New Mexico [Mr. tinguished Senator from Mississippi. leave it up to the Secretary of Agri- DOMENICI], the Senator from North One, if we authorize the Secretary of culture.’’ Carolina [Mr. FAIRCLOTH], the Senator Agriculture to provide disaster assist- If you leave it up to him, he is going from Texas [Mr. GRAMM], and the Sen- ance for cotton, any Members who vote to do it. He is going to do it because ator from Pennsylvania [Mr. SPECTER] no on this amendment are going to find that is the way things work. He has to are necessarily absent. themselves at some point faced with live every day with the distinguished another crop with a comparable dis- Mr. FORD. I announce that the Sen- head of the subcommittee, Senator ator from South Dakota [Mr. aster, saying, ‘‘Can you do what you COCHRAN. He has to deal with him on did for cotton last year?’’ That is what DASCHLE], the Senator from Nebraska many matters all the time. He is not [Mr. EXON], the Senator from Cali- is going to happen. There is no ques- going to let this interfere. I am not tion in my mind. It has already hap- fornia [Ms. FEINSTEIN], the Senator being critical of him or Senator COCH- pened to me. People have come to me. from Maryland [Ms. MIKULSKI], and the RAN. It is just the way things work. So Just like the Senator said, people mis- Senator from Maryland [Mr. SARBANES] this decision to leave it up to him, we are necessarily absent. understood what the catastrophic pro- might as well say let us vote it because gram was. They have come to me and The PRESIDING OFFICER. Are there that is the way it will work. any other Senators in the Chamber said, ‘‘We thought this thing covered So I think we ought not to misunder- more. We did not look at the fine print. who desire to vote? stand what the nature of this amend- The result was announced—yeas 37, They told us it was something dif- ment is and the nature of what Senator ferent, and now I have a disaster. Can nays 53, as follows: COCHRAN is requesting. It is really [Rollcall Vote No. 439 Leg.] you provide ad hoc disaster relief on should we or should we not authorize top of the crop insurance we expected the payment of $41 million? Because YEAS—37 to be there?’’ that is exactly the way it will work. Of Abraham DeWine McCain My answer has been, ‘‘No, we have to Akaka Frist McConnell course, Senator KERREY and I are sug- work with crop insurance or let us get Ashcroft Gorton Moynihan gesting it is an inappropriate thing to rid of it. If you do not like the crop in- Bennett Hatch Murkowski do. Bond Heflin Nunn surance program and you want to go to The PRESIDING OFFICER. The Sen- Breaux Helms Pryor Congress year in and year out when Brown Hutchison ator from Mississippi is recognized for Shelby there are disasters and try to get Bumpers Inhofe Simpson 10 minutes. Burns Inouye Stevens money appropriated, let us do that. Let Campbell Johnston Mr. COCHRAN. I am prepared to Thurmond us just assume the program will not Chafee Kyl yield back the remaining time. Warner work.’’ I think it can work, if the ad- Cochran Lott I yield back the remainder of my Coverdell Mack ministration will appoint a corporate time. board of directors. I move to table the amendment, and NAYS—53 Second, as to this catastrophic cov- I ask for the yeas and nays. Baucus Grams Moseley-Braun erage, part of the problem here is that The PRESIDING OFFICER. Is there a Biden Grassley Murray there are Government employees who sufficient second? Bingaman Gregg Nickles Boxer Harkin Packwood attempted—in our judgment, too There is a sufficient second. Bradley Hatfield quickly—to assume responsibility that Pell The yeas and nays were ordered. Bryan Hollings Pressler they knew what this bill was about and The PRESIDING OFFICER. Does the Byrd Jeffords Reid could inform people. Senator seek to have the vote at this Coats Kassebaum Robb Cohen Kempthorne The law is very clear. It is not like Rockefeller time rather than at 6:30? Conrad Kennedy Roth this thing is ambiguous. For former Mr. COCHRAN. I am prepared to Craig Kerrey Santorum ASCS employees, who were describing Dodd Kerry vote. I think everybody is. I ask unani- Simon what this program was, to misunder- mous consent that we proceed with the Dole Kohl Dorgan Lautenberg Smith stand this one, it requires a pretty sub- vote. Feingold Leahy Snowe stantial stretch of the imagination to The PRESIDING OFFICER. Is there Ford Levin Thomas figure out how they did. Because it objection? Glenn Lieberman Thompson says right in the bill that catastrophic Mr. KERREY. Reserving the right to Graham Lugar Wellstone coverage is only going to cover 50 per- object, I want to make sure, since we NOT VOTING—10 cent loss in yield on an individual yield notified Members earlier that it was D’Amato Faircloth Sarbanes or area yield basis, indemnified at 60 6:30. I do not want to have somebody Daschle Feinstein Specter percent of the expected market price. get tied up in traffic. It is pretty lousy Domenici Gramm So the coverage was never intended traffic out there. I would hate to notify Exon Mikulski to provide full coverage against disas- everybody that it will be at 6:30, and So, the motion to lay on the table, ters. It was always intended as a floor then to yield 10 minutes. It seems like the amendment (No. 2686) was rejected. and that the individual who was out that may be a problem. Mr. BUMPERS. Mr. President, I there trying to make a judgment Mr. COCHRAN. Mr. President, we all move to reconsider the vote by which should have to buy up. We have sub- understand that, if you do not use the the motion was rejected. sidized insurance available. They could time and yield it back, the vote could Mr. COCHRAN. I move to lay that pay more and buy up and get more cov- occur earlier. motion on the table. erage. The misunderstanding is in part Mr. KERREY. Mr. President, unless The motion to lay on the table was a consequence of our wanting to main- there is some personal information agreed to. tain a system where the Government that somebody is going to have trouble The PRESIDING OFFICER. The itself is operating the insurance pro- getting here, I am not prepared to ob- question now is on agreeing to the gram. ject. amendment.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13718 CONGRESSIONAL RECORD — SENATE September 18, 1995 The amendment (No. 2686) was agreed dous results. Unfortunately, the De- aware of, Senator BUMPERS and I will to. partment’s potato research program want to have some time tonight and Mr. COCHRAN. Mr. President, I move has not focused on the unique needs in just a small amount tomorrow before to reconsider the vote by which the extreme Arctic climates like Alaska. the vote. It is not our purpose to pro- amendment was agreed to. The Alaska Department of Agri- long this. I would be willing to agree, Mr. BUMPERS. I move to lay that culture has proposed a plan to use its subject to the agreement of the Sen- motion on the table. clean environment for breeding these ator from Arkansas, to an hour on this The motion to lay on the table was Canadian potato tubers for use in Alas- amendment, to be divided equally. agreed to. ka as well as West Virginia, New York, Mr. COCHRAN. Would 10 minutes to- Mr. COCHRAN addressed the Chair. Colorado, and Maine. A clean breeding morrow before the vote be sufficient? The PRESIDING OFFICER. The Sen- environment is required to prevent dis- Mr. BRYAN. Let me inquire of the ator from Mississippi. ease, but the Department already has a Senator from Arkansas. Mr. COCHRAN. Mr. President, the facility which can be used. Approxi- Mr. COCHRAN. The Senator from Ar- majority leader has authorized me to mately $120,000 would be required to kansas has indicated that he agrees to announce that this was the last vote cover additional operational expenses. that. today. We do have a number of other The State of Alaska’s facility is the I ask unanimous consent that there amendments, though, under the agree- only State-operated plant materials be 1 hour, equally divided, on the ment which we could consider and dis- center in the United States, and will be amendment to be offered by the Sen- cuss tonight, and if recorded votes are the only potato cultivar center in ators from Nevada and Arkansas to- required, we could have those votes North America when the British Co- night, and then tomorrow, 10 minutes occur tomorrow. We already have lumbia facility closes down its oper- before the vote on or in relation to this under an agreement an amendment on ation. The Alaska Materials Center amendment, equally divided. poultry regulations that is set for a successfully handles 120 northern cli- Mr. BRYAN. Would the Senator be time certain tomorrow under the mate varieties of potatoes, and has willing to make that 15 minutes, equal- agreement. been virus free for its entire 10 years of ly divided? There is an amendment offered by operations. This center has the poten- Mr. COCHRAN. Mr. President, I so the Senator from Colorado, Senator tial to provide disease-free stock for modify my request. BROWN, on the peanut program that the other 400 varieties of potatoes The PRESIDING OFFICER. Is there has the yeas and nays ordered, which grown in North America. objection? will occur tomorrow. Other amend- The Senate Agriculture Appropria- Without objection, it is so ordered. ments are identified in this agreement tions Subcommittee provided $707 mil- The Senator from Nevada is recog- which we could take up this evening lion for the Agriculture Research Serv- nized. and dispose of, some of them on voice ice including a number of increases to Mr. BRYAN. The Senator is always vote maybe. address specific agricultural issues. gracious in accommodating his col- We are prepared to consider all the The Senate report includes specific league, when I suspect that the Sen- amendments tonight if Senators will be language directing the Agriculture Re- ator may not agree with the thrust of here to offer them. So I encourage search Service to work with the Na- the enlightened Bryan-Bumpers those who do have amendments to tional Potato Council to address dis- amendment that is just about to be un- present them, offer them, let us discuss ease problems in the lower 48 States. veiled on the floor. them and dispose of them, if we can. If Since the Agriculture Research Serv- AMENDMENT NO. 2691 rollcall votes are required, we will have ice is already engaged in potato re- (Purpose: To eliminate funding for the those votes tomorrow. search, I ask the chairman of the sub- Market Promotion Program ) Mr. BUMPERS addressed the Chair. committee whether the necessary Mr. BRYAN. Mr. President, I send an The PRESIDING OFFICER. The Sen- funds could be provided to produce the amendment to the desk and ask for its ator from Arkansas is recognized. Canadian potato for use in cold cli- immediate consideration. Mr. BUMPERS. Mr. President, I have mates in the United States in addition The PRESIDING OFFICER. The been told that Senator BRYAN will be to the work it will do this year on ad- clerk will report. here within a minute or two to offer an dressing disease problems in the lower The bill clerk read as follows: amendment on the Market Promotion 48 States? The Senator from Nevada [Mr. BRYAN], for Program. It is an amendment he will Mr. COCHRAN. As the Senator from himself and Mr. BUMPERS, proposes an offer on behalf of both of us. Alaska noted, the subcommittee did amendment numbered 2691. I ask unanimous consent that, since address the potato disease issue, but Mr. BRYAN. Mr. President, I ask he is on his way and prepared to offer was not aware of the unique problem in unanimous consent that reading of the the amendment, his amendment be the Alaska. I am pleased to learn that a amendment be dispensed with. next amendment in order. tuber has been developed that would be The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there successful in Alaska, and agree that objection, it is so ordered. objection? Without objection, it is so the Service should address this unique The amendment is as follows: ordered. need of cold-climate States. On page 65, line 18, before the period at the Mr. BUMPERS. Mr. President, I sug- Mr. STEVENS. I thank the chair- end, insert the following: ‘‘: Provided further, gest the absence of a quorum. I with- man. That none of the funds made available under hold that, Mr. President. Mr. COCHRAN. Mr. President, I sug- this Act may be used to carry out the mar- Mr. STEVENS. Mr. President, I gest the absence of a quorum. ket promotion program established under would like to engage my good friend, The PRESIDING OFFICER. The section 203 of the Agricultural Trade Act of the senior Senator from Mississippi, in clerk will call the roll. 1978 (7 U.S.C. 5623)’’. a colloquy concerning potato produc- The bill clerk proceeded to call the Mr. BRYAN. Mr. President, if I told tion in Alaska. roll. the Members of the Senate that there Potatoes are one of the very few cash Mr. BRYAN. Mr. President, I ask is a program that has cost the Amer- crops that can be grown successfully in unanimous consent that the order for ican taxpayers a billion dollars, much Alaska because of the short growing the quorum call be rescinded. of that money going to the largest cor- season and cool weather. Because of The PRESIDING OFFICER. Without porations in America, and that there is the extreme climatic conditions in my objection, it is so ordered. no evidence it works, in this time of State, most potato cultivars produced Mr. COCHRAN. Mr. President, I won- budget constraints, one would think in the lower 48 States are not success- der if the Senator will yield for the that Members of this body on both ful in Alaska. While the potatoes grow, purpose of trying to establish an agree- sides of the political aisle would say, they do not produce tubers for produc- ment on time on this amendment. ‘‘Senator, show me where that is; that tion in future years. However, the Ca- Mr. BRYAN. I would be pleased to do is one cut that surely we can agree to.’’ nadians have experimented with some so. With respect to this amendment Mr. President, you would be wrong if new varieties and have enjoyed tremen- that the distinguished floor leader is you made that assumption. If I further

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13719 asserted that there is a program which I acknowledge, Mr. President, that is It goes on to say that there are many is currently slated in this budget pro- a noble goal. I am fully supportive of problems with the MPP program, the posal at $110 million, that has been de- efforts to increase our agricultural ex- Market Promotion Program, one of nounced by such groups as the Cato In- ports overseas. which is that there is no strategic stitute, the Progressive Policy Insti- This is a program that is part of a planning. The USDA lacks overall tute, the Heritage Foundation, the Na- larger budget picture in which, as the guidance or priorities. To date, listen tional Taxpayers Union, the Center for General Accounting Office has pointed to this, there is no solid measure of Science in the Public Interest, Citizens out, the entire Federal Government success or a way to evaluate how the against Government Waste, Citizens spends about $3.5 billion annually on money is spent. for a Sound Economy, the Concord Co- export promotion—$3.5 billion. I think that is a pretty compelling alition Citizens Council, the Competi- While agricultural products account argument, Mr. President, to eliminate tive Enterprise Institute, surely, Mr. for only 10 percent of total U.S. ex- the program. Moreover, it is not clear President, you might think this is an ports, the Department of Agriculture who should get the funds. There are no arrangement that has been made in receives and spends about $2.2 billion, strict guidelines about the size or type Heaven, and we should have those on or 63 percent of the total. of company that will receive these the right and those in the political cen- I do not believe that it can be argued funds. I have mentioned some of the ter all in agreement that a program that we are being unnecessarily penu- larger corporations. But in addition to costing the American taxpayers $110 rious in providing money to promote those that are depicted, McDonald’s, million ought to be eliminated. agricultural products abroad. The De- the hamburger people, Sun Maid, Mr. President, you would be wrong, partment of Commerce, by way of con- Welch’s, among others, are also some because this program continues to sur- trast, spends about $236 million annu- of the largest recipients of this fund- vive. If I put this in the context that at ally on trade promotion. ing. a time when this Congress is cutting Let me return to the beneficiaries of I think the American taxpayers, money for the National Park Service, this program. when shared sacrifice appears to be the school-to-work programs, vocational Your tax dollars are going to some of clarion call of the day, want to ask education, elderly housing, and count- the largest and most successful cor- themselves why are corporations of less hundreds of other programs that porations in America to be added to this size not being asked to do their bit help needy Americans, who help us to their advertising budgets. Here is an in reducing the level of Federal expend- advance our abilities to enjoy public example of the kind of companies that itures? A sacrifice that simply requires recreational facilities in America, that receive this generous largess from the them to say, ‘‘Look, we are not going would make it even all the more unbe- Federal taxpayers. to take Federal taxpayers’ dollars to lievable that there is a program out Ernest & Julio Gallo. Fine products. supplement our own advertising ac- there that survives. I can attest to that. Mr. President, $7.9 counts. We will do that job on our own. This program, Mr. President, not million go to Gallo wines to assist in Nobody knows better than we do how only survives, but earlier this year their advertising budgets. Now, cer- to market. Nobody knows better how when we were considering the supple- tainly Ernest & Julio Gallo, great suc- to advertise our programs and our mental budget, it was increased from cess stories, ought to be able to fi- products than we do. We do not need an $85 million to a $110 million pro- nance, without the benefit of Federal and we are not going to accept Federal gram. tax dollars, their own advertising pro- dollars.’’ By now I suppose some are saying, grams. This program continues on. More- ‘‘Tell me, Senator, what is this pro- The Dole people, $2.4 million; Pills- over, as the GAO concluded, ‘‘There is gram? What is this program that seems bury, the little doughboy, $1.75 million; no proof that these funds do not simply to survive when those who are thought- Tysons Food, the chicken people, $1.7 replace funds that would already have fully considering the function and role million; M & M/Mars, $1.5 million. been spent on advertising anyway.’’ of the Federal Government, both in the Let me say, lest the thought be that Let me make that point clear: In ef- center and on the right, all agree that somehow the Senator from Nevada is fect, what the GAO is saying is that it ought not to exist? It has cost us $1 picking on programs that do not have there is no way in which they can as- billion that goes to some of the any recipients or beneficiaries in his sert that this $7.9 million that Ernest wealthiest corporations in America. State and, therefore, it is kind of easy & Julio Gallo, the group on the top of Tell me what this program is. Let me for him to take a cheap shot at others, the list for fiscal year 1993 and 1994, has have a chance to cast my vote to kill I remind my colleagues that more than not simply slid dollars out of the cor- it.’’ 2 years ago on the floor this Senator poration treasury that would have This program, Mr. President, is the took the lead in eliminating an equally gone to the advertising budget and just Market Promotion Program. As the outrageous program, the wool and mo- simply said, look, we will release those distinguished occupant of the chair hair subsidy, in which there are a num- with $7.9 million that the Federal Gov- knows, because he has been supportive ber of Nevada ranchers that received ernment is going to give us and direct over the years in our efforts, this is a this largess, as I characterize it, for a that $7.9 million down the profit line to program that continues to survive and, period of some 39 years, from 1954 to be distributed to the shareholders of as I say, even prosper in this, a year 1993. I led the charge to eliminate that that company. In effect, this program, when budget austerity is supposedly abomination in our Federal expendi- like its predecessor, the TEA—the Tar- the order of the day. ture system. geted Export Assistance Program—has Let me tell you some of the compa- I point out that M & M/Mars has a become a convenient source of free nies that receive this money. For fiscal factory in Las Vegas, a wonderful prod- cash for wealthy businesses to help pay years 1993 and 1994, here are some of uct. They are not, in my judgment, en- for their overseas advertising budgets. the companies that have received tax- titled to get into the American tax- Mr. President, I argue forcefully and payer funds for the Market Promotion payers’ pocket for $1.5 million. implore my colleagues, whatever their Program. Campbell soups, $1.1 million; Sea- previous voting record may have Before stating exactly what these grams, $793,000; Hershey, $738,000; Jim been—is it not time to eliminate this companies have received, I think a Beam whiskey, $713,000; and Ralston program? Whatever its justification word of explanation about this pro- Purina, $443,000. Mr. President, this is may have been in the past, is this not gram: Ostensibly, presumably, the un- only a part of the $110 million that has a new era? I compliment Members on derlying premise of this program is currently been appropriated to go to both sides of the aisle who have taken that by providing taxpayers’ dollars to companies of this size. It is an outrage. the lead to support a budget amend- advertising budgets of companies that The General Accounting Office has ment to the Constitution, to require deal with the overseas promotion of examined this program and done a the President of the United States to American agricultural products, that study to assert its effectiveness. Let submit a balanced budget and the Con- somehow—somehow—that will increase me share with my colleagues what its gress to require a balanced budget. I our agricultural exports. conclusions are. am a supporter of that effort.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13720 CONGRESSIONAL RECORD — SENATE September 18, 1995 I support the target of 2002 or 2003, billion short on child care. We are talk- not even American corporations. You whatever it might be, to achieve that ing about cutting Medicare $270 billion know, I am not xenophobic about my balanced budget. Presumably, these between now and the year 2002, and nationality. But what on Earth are we kinds of pronouncements herald a new cutting Medicaid, health care for poor- doing spending $12 million on foreign era of Government spending in Wash- est of the poor, by $240 billion over the corporations so they can advertise ington. next 7 years. abroad? But, if we allow these kinds of pro- And here is a piece of corporate wel- Not only is this an absolute, utter grams, corporate welfare, pork for the fare, unexcelled—I want to say in the waste; not only do we have no business wealthiest corporations in America, to history of this Senate. I have not been putting $110 million into the pockets of continue, what kind of message do we here quite that long, so I am reluctant these gigantic corporations in America send to the American people? I will tell to make that claim. But you think when we are cutting the most vulner- you. The message is, it is business as about the U.S. Government sub- able among us, poorest of the poor— usual. If you are a big corporation and sidizing, really in small amounts, by even cutting education, the elderly have influence in high places and have their standards, something to advertise through Medicare, the poor through access to the right kind of people, even their product abroad so they can ex- Medicaid, the poor through the earned though we are cutting the programs for port more. income tax credit—and then just know- the poor, the elderly, and those who do I look at this chart, prepared by the ingly hand out $110 million—not only is not have influence in high places in Senator from Nevada. I see Ernest & it corporate welfare, it is wrong. Washington—but these programs can Julio Gallo, Seagrams, Jim Beam—of And it is not only morally wrong, it be protected. the top 10 companies here, three of is wrong for the U.S. Senate to be pick- These are good citizens, good cor- them alcoholic beverages. Even though ing winners and losers. There are other porate citizens. They make important this is a $110 million program this year, wineries. I have a few wineries in my contributions in their communities and in the past it has been bigger, and we State that would like to have a little of in this country, I am sure. I would put in a total of $85 million to adver- that Ernest & Julio Gallo money. Who think they would be shamed and em- tise alcoholic beverages abroad. decided to give it to Ernest & Julio barrassed to reach out there at a time Can you see Ernest & Julio Gallo ad- Gallo instead of some of the wineries in when we are trying, struggling to bal- vertising to the Italians why they my State? Tyson Foods, as big as they ance this budget. should drink American wine? To the are, we have 11 major integrated poul- I offer no criticism of my colleagues French why they should drink Amer- try companies in my State. You know who have had to wrestle with some of ican wine? What are we doing, giving we are big in that business, No. 1. these tough decisions in the money Ernest & Julio Gallo $8 million? I When it comes to even the whiskey committees. It is not easy. I may dis- think that is a privately held com- business, who decides that Jim Beam agree with them on some of their prior- pany—my guess is it is probably a $5 or and Seagrams are the two brands that ities. But it is difficult. There is no $10 billion corporation. should be advertised abroad? I am not picking on them. If I were in their com- magic wand that can be waved. We can- McDonald’s? I do not know what pany and I saw this money lying not simply say let us eliminate fraud, McDonald’s annual sales are. I guess around and I knew I could get a piece waste, and abuse and we can balance they are probably approaching the $15 of it by simply applying for it, I would the budget. It requires tough and hard billion mark, and we give them $3 or $4 million? That is probably less than probably apply. decisions. Of the battles fought in the 20 years Nobody has encouraged the Congress one-tenth of 1 percent of their adver- I have been in the Senate, there have to do this more than some of the lead- tising budget, and we say, ‘‘Sic ’em, been a couple of others that I feel as ing business people in America, the tiger, go advertise Big Mac and strongly about as this one. But I can- kind of people who are chief executive McNuggets all over the world.’’ Not not tell you how wrong I feel this is. I officers for these companies. I think only are the amounts we give piddling do not feel this is just an economic they ought to stand up and say, ‘‘You amounts, the General Accounting Of- matter. I feel it is utterly, absolutely know, you are right. We ought to do fice says there is no relevance to the indefensible, and we ought to stop it. our share, too. From here on out we amount of money we give them and the I yield the floor. will simply pay for our own advertising results. So why do we continue with Mr. COCHRAN addressed the Chair. budget. You return those dollars—$110 this? The PRESIDING OFFICER. The Sen- million—you return those to the Treas- How does a U.S. Senator go home and ator from Mississippi is recognized. ury and let us let that money be used talk to a hometown Chamber of Com- Mr. COCHRAN. Mr. President, the to help reduce the deficit.’’ merce and tell them, ‘‘If you just re- Market Promotion Program has as its Mr. President, I yield the floor. elect me, I will spend my money as objective meeting foreign competition, The PRESIDING OFFICER. Who though it were yours?’’ boosting agricultural exports, seeks recognition? The Senator from If you let that Senator and me go be- strengthening farm income, and cre- Arkansas is recognized. fore that same Chamber of Commerce, ating American jobs. Mr. BUMPERS. Mr. President, I do I promise you, they will threaten to Every billion dollars in agriculture not know what year this is in my cru- impeach him before it is over, for exports helps create nearly 20,000 jobs. sade to torpedo this program. The Sen- squandering $110 million on such pro- Nearly 1 million Americans today have ator from Nevada and I—I think this is grams as this. jobs that are dependent upon U.S. agri- the third year we have teamed up. But, People are supposed to graduate from cultural exports. Exports this year if I am not mistaken, I was opposed to this program, too, did you know that? from the United States into the inter- the program even before that. I think, as we lawyers say, ‘‘since the national marketplace are expected to Though I yield to nobody in the Sen- memory of man runneth not,’’ nobody reach almost $50 billion in value. ate in my commitment to a viable ag- has ever graduated. They just keep Farmers and ranchers, as well as Amer- ricultural economy—but, when I think hanging on. ican workers, are the real beneficiaries of all the long-winded, endless speeches Mr. President, one thing that is a lit- of this program. that are made on the floor of the U.S. tle painful about this is there are some The arguments on the other side that Senate about welfare deadbeats, which big corporations who have big are being made tonight would have you we are going to vote on tomorrow; we presences in my State who get this believe that corporate America is the are talking about eliminating the money. And it always saddens me, it beneficiary, that certain specific com- earned income tax credit, which is the always saddens me to go to the floor panies—they mentioned Gallo Wine, greatest antiwelfare provision we have and attack something that is at least and McDonald’s—are the beneficiaries ever adopted—we are talking about mildly beneficial to some of the cor- of these programs. It is the American cutting it dramatically. We are cutting porate citizens in my State. working man and woman, the Amer- funds for the arts, the humanities. We You know, not only is this an utter ican citizen, who benefits when our are cutting public broadcasting. We are waste of the $110 million, $12 million economy is strong, when we compete in cutting education. We are at least $3 goes to foreign corporations. They are the international marketplace and

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13721 when we sell more of what we produce you are amazed at how low the prices But they find that the best way in in overseas markets than we import. are compared to the domestic wines. some markets to ensure increased ex- We need to do a better job. That is why. port sales of U.S.-grown-and-produced We have a trade deficit right now. We The European Union governments commodities is through branded pro- are confronted with some new rules are putting their money together, and motions. This is what the studies have under the Uruguay round of GATT, they are expanding their share of the shown. This is what the experience under other trade agreements that market aggressively by reducing those shows. heighten and make more competitive prices to American consumers. This is And so those who criticize the pro- the international marketplace, height- the biggest market in the world. gram on that basis are ignoring the en competition between the European So foreign companies and foreign success that the program has enjoyed Community, for example, and the countries are joining forces as they in using branded promotion. But even United States. It involves other coun- have never done before to try to cap- so, 40 percent of the funds for branded tries, too, who are competing for their ture a larger share of this market. Who promotions involved small businesses. share of this international market— suffers? Well, our consumers enjoy The market promotion program, we are Canada, Australia, and the Asian coun- lower prices because of this competi- told by the experts at the Department tries, that are emerging as strong com- tion with lower priced products. But of Agriculture and those who partici- petitors in many of these industries. our domestic food and beverage indus- pated in the program, has served as an So what does the Market Promotion tries, our poultry producers, those who incentive to buy American-grown-and- Program really do? It gives the money are involved in agriculture production, produced agriculture commodities and to associations of those who market are having a hard time meeting this related products. Without MPP, com- products. The U.S. Poultry and Egg competition on a price basis because panies in overseas markets would like- Council is just one example. When Sen- we do not subsidize these industries as ly buy from often subsidized foreign ators were talking about McDonald’s they sell in this market. And we have sources rather than from the United getting this money, I have a memo in a small amount available under legisla- States. here that talks about that point. This tion that authorizes funds to be made So those who are making clothes in is a memorandum from the president of available to help promote the sale of Asia, they do not have to buy U.S. cot- ton. They can buy cotton that is pro- the Poultry and Egg Export Council, U.S. farm commodities and U.S.-pack- duced in Uzbekistan or the Sudan or U.S.A. They say specifically: aged foods and other commodities that are eligible under this program. any number of countries around the Our council has used MPP to help McDon- world where cotton is grown and sold. ald’s sell more American chicken but not to As the competition becomes keener promote McDonald’s. The facts are that under these international agreements, And they are trying to sell it at prices McDonald’s franchises in other countries are more and more countries, more and less than we can sell it. And if we can foreign owned and operated. They are under more industries are going to be com- convince them through the advertising no obligation to buy U.S. poultry or eggs, peting and doing it more aggressively. of facts about the quality of our prod- and can readily find lower-priced (and lower- The GATT Agreement under the Uru- uct that it is better, it is longer last- quality) product in those countries. But by guay round changes does not outlaw or ing, it is more durable, it is more com- allowing McDonald’s to apply for and receive fortable if you have clothes made with funds under MPP requires their franchises to abolish or make illegal subsidies. It makes changes in which subsidies are U.S. cotton, then we are going to sell be entirely supplied with U.S. products. The more. But if we sit on our hands and we point is we are not promoting McDonald’s. to be used and which cannot be used. It We are getting McDonald’s to advertise U.S. talks about trade-distorting subsidies. do not promote what is good about chicken and eggs, and it has been quite effec- But we are finding that Canada, Aus- American products and what is good tive. In fact, the State of Arkansas has like- tralia, the European Union certainly, about American agriculture, nobody is ly benefited more from this activity than are building their funds to embark going to know about it. We know about any other State. upon much more aggressive marketing it. But we have to be aggressive and we So what we learned by getting the programs and promotion programs have to promote and protect our job in- facts from the Poultry and Egg Export than they ever have before. terests, our economic interests, in this Council is that it was this council that Here we are being asked tonight to competitive international market. So to criticize the program and say applied for and received funds under abandon ourselves, to say to the U.S. let us just abolish it —that is what this the Market Promotion Program, not Government, ‘‘Quit helping U.S. indus- amendment does. They did not say let McDonald’s. The council was allocated try, quit helping U.S. farmers, quit us just reduce it or let us change it in the funds to promote U.S. poultry and helping U.S. ranchers promote the sale some way. Let us just abolish it. That egg products in the international mar- of what they are producing in the ket. McDonald’s uses poultry and eggs is what this amendment says. I think international marketplace.’’ it is shortsighted. I think it misses the in its outlets, but they do not have to I think we ought to wait a minute point. I think it fails to recognize the use U.S. poultry and eggs in overseas and not be stampeded by arguments successes we have had in the past and outlets. like we are helping corporate America That is the whole point. But because the importance of our continuing an with welfare benefits. This is helping aggressive marketing strategy on be- this program has been helpful, we have those who are working in the poultry sold more U.S.-produced and processed half of our farmers and ranchers, those industry in Arkansas, in Mississippi, involved in these food industries and poultry and eggs in overseas markets and in other places. clothing industries where U.S. agricul- that we would otherwise would not They are not targeting McDonald’s tural commodities are used. have sold, they tell us in this memo, for benefits. We are seeing these funds Mr. President, I reserve the remain- without this program. used to promote a wide range of activi- der of my time. They mentioned the wine industry. I ties in the international market. The PRESIDING OFFICER. The Sen- happened to find out the other day— I was looking at a list of these firms ator from Mississippi reserves the re- and here is an interesting fact to con- and these associations. And these mainder of his time. template—that the European Union groups of farmers, many of them are Mr. BRYAN addressed the Chair. spends more on wine exports, sub- cooperatives. The National Cotton The PRESIDING OFFICER. The Sen- sidizing, encouraging the export, than Council has a memo here which talks ator from Nevada is recognized. the United States currently spends for about the impact of this program in Mr. BRYAN. Mr. President, I thank all commodities under the Market Pro- promoting the sale of cotton and cot- the Chair. motion Programs. The number is $89 ton fiber throughout the country. Not to belabor the point, my col- million just for wine exports from the ‘‘Value added creates jobs.’’ And they league from Mississippi and I—I think European Union. That is why when you are talking about the fact that some of it is fair to say we have a disagreement would go into a grocery store around these funds are used in name-brand ad- on the value of this program. I know here, or anywhere where wines are vertising. the hour is late, but I hope that a num- sold, and you look at the French wines Most of the money is used for generic ber of Senators’ offices are still tuned or some of the other European wines, advertising of American commodities. in.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13722 CONGRESSIONAL RECORD — SENATE September 18, 1995 One of the best articles that I have Dirksen used to say, ‘‘A million here, a the left, vilify the program as pure pork (al- read on this MPP program was printed million there. Before long you will be most literally—the U.S. Meat Export Federa- recently in the Los Angeles Times, talking about real money.’’ Let me tion got $7.2 million in 1994) and an example of corporate welfare at its worst. Sunday edition, June 25, 1995. I think it suggest, Mr. President, to our col- The General Accounting Office, the inves- is a matter of about seven or eight leagues that $76 million is more money tigative arm of Congress, calls the program pages. I implore my colleagues, or at than 99.9 percent of the people in poorly run and of questionable value; the least their staff, just read that article. America will ever see in their life- Congressional Budget Office perennially lists Just read that article. It quotes both time—ever see. it among the prime candidates for extinc- those who support the program and The Blue Diamond Growers, they do tion. those who criticize it. not do too badly, $37,338,000. Sunsweet And year after year, the Market Pro- My good friend from Mississippi men- Growers, $22 million. I am rounding motion Program survives, championed most actively by California lawmakers, who gave tions the good folks at McDonald’s, the these numbers off. And our good friend, birth to the program a decade ago and who hamburger people. Let me just say to Ernest & Julio Gallo, the winery receive campaign contributions from the him and the rest of my colleagues, I folks—this was not an aberration, this California fruit, nut and wine producers that enjoy a Big Mac. I am a hamburger 1993–1994 number; they have this pro- are among the program’s prime bene- man. In fact, just this summer while gram down; whoever is doing this good ficiaries. we were on tour through our State I work for them obviously deserves a lot The MPP, originally designed as a response ran across a McDonald’s manager who of credit—they have gotten $23 million to the unfair trade practices of other govern- had a McDonald’s tie on. It shows the since 1986. Sun-Maid Growers of Cali- ments, has grown over the years into a pro- gram that provides a lucrative bounty for Big Mac, the French fries. I said, ‘‘I’ve fornia, $12 million; Tyson Foods, $11 producers of everything from soup (Campbell got to have that tie.’’ I am a Big Mac million; Pillsbury Company, $11 mil- Soup Co., $515,651 in 1994) to nuts (the Cali- kind of a guy. So my comments are not lion. fornia Pistachio Commission, $1.15 million). directed with any sense of malice or I do not quarrel with the proposition Early critics derided the program as hostility, but simply as one trying to that my good friend from Mississippi ‘‘walking-around money for Californians,’’ do justice to the American taxpayer. argues when he says, look, we do need because it was sponsored by then-Sen. Pete McDonald’s, the hamburger people, to support American agricultural pro- Wilson (now California governor) and then- are good folks. I wish I had been as motions. But, Mr. President, not in Rep. Leon E. Panetta (now White House chief of staff) to help the state’s producers smart as Ray Kroc. And I wish I had this fashion, not when there is not one get a place at an agricultural aid trough long been that smart to put together this scintilla of objective evidence where dominated by the big corn, wheat and soy- impressive enterprise. Most folks of GAO and other groups can make the bean farmers of the Midwest and Great this generation think it has gone on proposition stick that this is a pro- Plains. forever. It has lasted only about 40 gram that works. As the program grew, it took in growers, years, and it has been an incredible Moreover, its premise is flawed: processors and shippers in all 50 states and success. I pay great tribute to the en- Money to supplement advertising budg- virtually every congressional district—which ets that ought to be the responsibility helps explain its ability to survive in dif- trepreneurship and the vision of folks ficult fiscal times. Its tenacity also bears that thought, ‘‘By golly, we can change of the private sector, for branded prod- testimony to how difficult it will be to bring the fast food business in America,’’ and ucts, some of the largest companies not the $1.5-trillion federal budget into balance, we can do it in a way that McDonald’s only in America but in the world at a despite new bipartisan zeal to do so. has been eminently successful. Let me time when we are desperately strug- Programs that serve powerful constitu- comment on the success. And I know gling to balance this budget. encies and enjoy well-financed corporate my distinguished colleague who joins My friend from Arkansas used the support—from subsidies for corps to tax me in arms, the Senator from Arkan- word ‘‘indefensible,’’ and I think that breaks for oil and gas drilling—are among sums it up. the most entrenched parts of the federal sas, may want to add his comments, budget, having resisted repeated efforts to also. Mr. President, I ask unanimous con- repeal them. These benefits amount to an es- McDonald’s, which has received $1.6 sent that this article appearing in the timated $50 billion a year, or about a tenth million in this program since 1986— Los Angeles Times, June 25, 1995, be of the discretionary portion of the budget. that is when the Targeted Export As- printed in the RECORD. Farm programs have proved particularly sistance Program, which is the pro- There being no objection, the article resistant to budget surgery, combining as genitor to MPP, was in existence; it is was ordered to be printed in the they do the romantic appeal of the family the same program essentially—has re- RECORD, as follows: farmer, the political clout of a major indus- try and their importance to the economies of [From the Los Angeles Times, June 25, 1995] ceived $1.6 million. Remember, this is many states and communities. Add to that to supplement one’s advertising ac- THANK YOU FOR YOUR SUPPORT the bogymen of subsidy-happy Japanese and count. (By John M. Broder and Dwight Morris) Europeans—whose government backing is McDonald’s had a net profit in 1994 of No other government program may gen- often cited as a reason to keep U.S. farm pro- $1.224 billion—$1.224 billion. You know, erate such universal scorn as an obscure Ag- grams—and the durability of costly under- whether you are to the left of Mao Tse- riculture Department office that pays highly takings such as the MPP becomes under- tung or to the right of Genghis Khan, profitable agribusiness concerns millions of standable. wherever you fit yourself on the polit- dollars a year to promote Sunsweet prunes ‘‘Everything about this program is wrong. We should junk this disastrous program and ical scale, if you accept the premise in Taiwan, low-shelf Gallo wines in Europe, Chicken McNuggets in Singapore, Kentucky save the taxpayer some money,’’ said Sen. that Federal tax dollars are finite, they whiskey in Scotland and bull semen in South Richard H. Bryan (D-Nev.), a longtime MPP are not inexhaustible, there ought to America. foe who represents one of the least agri- be some priorities. But as Congress prepares to chop away at culture-dependent states in the union. ‘‘The How, good Lord, can you say, McDon- billions of dollars in spending for health amount of our national debt does not give us ald’s with a net profit of $1.224 billion care, space exploration and school lunches, the luxury to fund this fatally flawed pro- ought to be able to get into this pro- the USDA’s Market Promotion Program is gram that has no proven benefit for Amer- gram? You know what they spent in gliding through the budget process un- ican agriculture.’’ In the end, the way this collision of forces 1994 in advertising? $694.8 million. And scathed, enjoying bipartisan congressional and White House support despite years of affects the range of federal subsidies will yet the American taxpayer is controversy over its worth. help determine whether the overall budget- supplementing the good folks of In fact, during the debate this spring over balancing campaign is successful this time McDonald’s who make those great $16 billion in cuts from the current federal around—and also whether the pain inflicted hamburgers and French fries that so budget, Congress voted to increase the pro- is judged to have been borne fairly across so- many of us enjoy. gram’s funding by almost 30%, from $85 mil- ciety. Let me just give you the cumulative lion to $110 million. Gus Schumacher, head of the USDA’s For- impact of this. The top corporate re- The MPP’s defenders say that’s a piddling eign Agricultural Service, which oversees sum for a program that helps American the MPP, defends the program. He notes that cipients of this money from 1986 to farmers compete against heavily subsidized the European Union spends more each year 1994: Sunkist Growers, $76,375,000. In a producers in Japan, Europe and elsewhere. to promote overseas sales of French, German different era and in a different context Its opponents, ranging from the Heritage and Italian wines than the U.S. government the great Senator Everett McKinley Foundation on the right to Ralph Nader on spends on all of its agricultural advertising.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13723 Schumacher describes the subsidy as an in- hol and Other Drug Problems, which objects though expensive, Chinese black date. The expensive weapon in the international com- to the program because it underwrites over- Clinton Administration has consistently sup- petition in high-value agricultural products, seas advertising for beer, wine and whiskey. ported the MPP, proposing to spend $100 mil- which is the fastest-growing sector in global But a ConAgra spokeswoman said the com- lion a year on it for the next five years. Offi- trade. pany participates in the promotion program cials argue that as the new General Agree- ‘‘This is not the time to get weak-kneed because it allows a testing of the waters in ment on Tariffs and Trade requires govern- about American agricultural exports,’’ markets that it otherwise could not afford to ments to cut direct subsidies to farmers, it is Schumacher said. ‘‘It’s time to stand up to enter. crucial to maintain strong marketing efforts our competitors. What are we supposed to ‘‘We have never lobbied on behalf of this that are legal under the trade pact. But crit- do, unilaterally disarm?’’ program, but we do believe it serves an im- ics insist that the money should be spent on Schumacher acknowledged that corporate portant purpose,’’ said Lynn Phares, more productive programs rather than on giants such as E & J Gallo Winery Inc., ConAgra’s vice president for public relations. subsidizing the advertising of rich marketing Sunkist Growers Inc. and Dole Food Co.—all ‘‘It opens expanding markets for products cooperatives such as Sunsweet, Sunkist and California-based—and Pillsbury Co., Tyson that would not have the money spent on Sun-Maid. Foods Inc. and others have received millions them. If more hot dots are sold in Korea, ‘‘I do not believe any member of this body of dollars from the government over the that benefits not just the company that is should be able to keep a straight face and years to supplement their own very large ad- the conduit (ConAgra), but the corn growers support some of the measures we are voting vertising budgets. But, he said, critics forget and hog producers that create the product.’’ for when we cannot kill a program like MPP that the grapes, prunes, tangerines, flour and For its part, the nonpartisan GAO has that is a pure subsidy for some of the biggest chickens marketed by big agribusiness are tired of issuing reports detailing the pro- corporations in America and abroad,’’ Sen, grown by thousands of small farmers across gram’s flaws. Dale Bumpers (D-Ark.) said in a fruitless ef- the country. ‘‘It’s such an easy target,’’ sighed Allan I. fort to kill the program earlier this year. William K. Quarles, Sunkist’s vice presi- Mendelowitz, director of international trade Times researcher Gary Feld contributed to dent for corporate relations, defended the issues for the GAO. this report. MPP as an appropriate response to foreign Several years ago, the GAO discovered, the competitors, who spend far more than the MPP financed a $3-million advertising cam- The PRESIDING OFFICER. The Sen- United States on agricultural promotion. paign in Japan for the California Raisin ator’s time has expired. The Senator Sunkist uses the program to increase its ad- Board, featuring the animated dancing rai- from Mississippi. vertising in countries—particularly those in sins that were such a hit in the United Mr. COCHRAN. Mr. President, let me Asia—it as already targeted as fruitful mar- States. make just a few closing comments in kets, not to pry open new countries, he said. It bombed. opposition to this amendment. Accord- ‘‘The federal program acts as a multiplier The campaign’s theme song, ‘‘I Heard It ing to the Department of Agriculture’s Through the Grapevine,’’ couldn’t be trans- to what we would be doing,’’ Quarles said. estimates based on their studies of the ‘‘In all the countries we’re in, we would be lated into Japanese, so it ran in English and doing some advertising, but with federal was therefore incomprehensible to most program, every $1 that we have spent monies we increase that advertising and cre- viewers, according to the GAO. The shriveled in the Market Promotion Program has ate additional demand.’’ dancing figures disturbed Japanese children, translated into $16 in additional agri- He also said Sunkist is required to match who thought they were potatoes or chunks of cultural exports. the federal funds on a dollar-for-dollar basis chocolate. The characters’ four-fingered The Foreign Agriculture Service re- and that its exports create jobs in California hands reminded television viewers of mem- cently released its studies evaluating for thousands of packers, pickers, truckers, bers of criminal syndicates, whose little fin- the effectiveness of the program, and and longshoremen, gers are cut off as an initiation rite. The participating corporations have made If all that wasn’t enough, the Raisin Board that study concludes that the 25-fold sure they have a receptive audience for their couldn’t even get its product onto store increase in export promotion activities side of the story. Since 1984, Springdale, shelves during the promotion period. for U.S. high value food exports, made Ark.-based Tyson has contributed more than The board’s goal was to sell 900 tons of rai- possible by MPP and its predecessor, $988,000 to political campaigns through its sins in Japan during the campaign; exports the Targeted Export Assistance Pro- political action committee and through di- during the period reached a little more than gram, strongly supported the 300-per- rect contributions by its executives. Execu- half that. And the U.S. government spend $2 cent increase in exports of those prod- in promotion costs for every dollar’s worth tives of Modesto-based E & J Gallo poured ucts since 1986 and was the leading fac- more than $750,000 into federal campaigns of raisins that reached Japanese store over the same period. shelves. tor in increasing the U.S. share of the Over the past decade, the 10 largest Market The California Prune Board has a mixed world consumer food market. That is Promotion Program recipients have also record in using federal money to try to open persuasive evidence. I do not see how made political contributions totaling $166,000 new markets for its fruit. The California you can ignore that. If you are trying to Rep. Vic Fazio (D-West Sacramento) and prune has made substantial inroads in Brit- to decide whether you vote for this $105,000 to Rep. Robert T. Matsui (D-Sac- ain, even though the dried fruit still has amendment to abolish the program or ramento), both key supporters of the pro- what the board delicately describes as an not, this was a study that was done to gram. ‘‘image problem’’ in that country arising The General Accounting Office and other from ‘‘the laxative stigma and the forced assess the effectiveness of this pro- critics say the big food companies can afford consumption of poor-quality prunes during gram. to promote their own products and that the childhood.’’ It works. It means more U.S. jobs. It government has no business spending the Rich Peterson, Prune Board executive di- means more U.S. agriculture products public’s money to reimburse them. rector, said advertising efforts on the Cali- being exported throughout the world. Bryan noted that McDonald’s Corp.—which fornia prune’s behalf over the past decade It is good for America. It is good for received $1.6 million in MPP funds from 1986 have helped increase sales by 45% in Britain, American citizens. to 1994—had a $1.224-billion net profit in 1994 75% in Italy and 108% in Germany—all while spending $694.8 million on advertising against stiff competition from heavily sub- All regions of this country, the worldwide. sidized French prunes. United States, have benefited from the Similarly, ConAgra Inc.—which sells the ‘‘That wouldn’t have been possible without program. It is not just a program that Chung King, Wesson, Butterball, Swift, Ar- MPP funding,’’ Peterson said. ‘‘The prune in- singles out one commodity area or one mour, Banquet and Swiss Miss brands, dustry on its own would not have had re- region. among others—received $826,000 in MPP sources to launch the campaigns we’ve been According to this same Foreign Agri- funds from 1986 to ’94, a pittance compared able to mount.’’ culture Service study, the employment to its advertising budget last year of $200 The board spends roughly $1 million a year and economic effects of MPP are clear. million. in MPP funds to produce generic promotions ‘‘How in God’s world do we justify spending for California prunes, and private funds such With two-thirds of the jobs supported taxpayer dollars to supplement this pro- as Sunsweet Growers Inc. of Yuba City, being off the farm—that is, manufac- gram?’’ Bryan asked. ‘‘This is a company Calif., spend millions more. Advertising fo- turing, transportation, and service in- that is large, it is successful, and they can cuses on prunes as a healthful snack, Peter- dustries—the other third were jobs on effectively handle their own advertising and son said, rather than on their gastro- the farm. They have analyzed it in that promotion budget.’’ intestinal benefits. respect. Similar fulminations come from Nader’s ‘‘We don’t do dancing prunes,’’ Peterson Recently, the Department of Agri- Center for Study of Responsive Law, the lib- said. ‘‘There’s no cutesy stuff for the prune.’’ ertarian Cato Institute, the Heritage Foun- It’s a different story in Asia. Prunes have culture presented us some specific ex- dation, Citizens Against Government Waste, been well-received by the health-conscious amples of the program’s effectiveness, the Progressive Policy Institute—even the Japanese, but the Taiwanese have rejected and I want to bring them to the atten- Marin Institute for the Prevention of Alco- them as an inferior version of the popular, tion of the Senate.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13724 CONGRESSIONAL RECORD — SENATE September 18, 1995 Last year, a new regulation by the hostile and very volatile, most of it di- themselves, this country is in more Japanese Government requiring that rected at the U.S. Congress and the trouble than I thought it was. I am poultry products be identified by coun- people who occupy this Chamber and here to help people who cannot fend for try of origin actually helped sales of the one down the hall, most people do themselves and who need and deserve U.S. poultry, as a result of a campaign not understand what this Market Pro- help. This $110 million—I am not ask- conducted by the U.S.A. Poultry and motion Program is. But it is the very ing you to put it anyplace else. Put it Egg Export Council under this pro- epitome of what people are upset on the deficit. You could not find a bet- gram. about. ter place to put it. The council had spent $167,000 in I cannot fathom our continuing a I yield the floor. MPP funds to conduct joint promotions program such as this. We spent $2 bil- Mr. COCHRAN. Mr. President, I with 12 chain stores in Japan. The lion a year helping companies export— think we have discussed this issue fully stores affixed the U.S. stickers saying $2 billion—and here we put $110 million tonight, and we will have an oppor- ‘‘U.S. poultry, U.S. regs,’’ to product in for not just these corporations listed tunity to conclude debate tomorrow packaging, displayed point of purchase on this chart but dozens and dozens of morning before voting on the amend- materials and devoted greater portion other corporations, all of whom are ment. I am prepared to move on to of shelf space to U.S. poultry products. quite capable of fending for them- other subjects. By the end of the promotion, the 12 selves—the biggest in America. I yield the remainder of my time. chains reported total sales of over 110 Can you imagine McDonald’s spend- The PRESIDING OFFICER. All time tons of U.S. commodities. A year after ing $60 million or $80 million a year on is yielded back. the program, the stores continue to use advertising and us giving them $3 mil- Mr. BUMPERS. Mr. President, I sug- these labels. lion to advertise Big Mac in Russia or gest the absence of a quorum. There are other examples. MPP funds wherever? What kind of nonsense is The PRESIDING OFFICER. The helped the processed potato products this? clerk will call the roll. industries who reached a record $485 This is one of those issues that if The bill clerk proceeded to call the million in sales last year. They nearly every single American were required to roll. doubled the level of just 5 years ago. listen to the debate on this issue, I Mr. COCHRAN. Mr. President, I ask U.S. pear growers and exporters were promise you, this $110 million would be unanimous consent that the order for able to sell more than $73 million last torpedoed in a megasecond. People the quorum call be rescinded. year, their highest level ever. The would be appalled if they knew this The PRESIDING OFFICER. Without emerging market in Russia is becom- sort of thing went on and particularly objection, it is so ordered. ing the United States fourth largest in light of the people we are cutting. UNANIMOUS-CONSENT AGREEMENT meat market. Canned salmon from I still believe in helping people. I be- Mr. COCHRAN. Mr. President, in con- Alaska is being sold in the United lieve in what de Tocqueville talked nection with the unanimous-consent Kingdom. U.S. hard wood products are about, an enlightened self-interest. I agreement, in which we listed all being exported. There are a number of said it on this floor a hundred times. amendments that were in order to the other success stories in greater and We ought to help people who want to bill, I need to add an amendment for make it and are reaching for the first greater quantities because of the Senator BENNETT of Utah, which would thoughtful use of these funds. rung on the ladder. We are passing a be a relevant amendment. Mr. President, new GATT trading lot of legislation here that guarantees I ask unanimous consent that the rules are opening markets throughout a lot of people who would like to have Bennett amendment be added to the the world. We are encountering new op- a chance, for example, to go to school list of amendments in the agreement. portunities, and we must expand our on the GI bill like I did. I would not be The PRESIDING OFFICER. Is there efforts, we must increase the aggres- standing here if it were not for the GI objection? sive way we are going after our share bill. Without objection, it is so ordered. I ask unanimous consent for an addi- of these new markets, competing effec- Mr. COCHRAN. Mr. President, we un- tional 2 minutes. tively where we can. And because of derstand that there is now an agreed- The PRESIDING OFFICER. Is there the openness of these markets, they upon list. We will consider these objection? Without objection, it is so are increasingly competitive, and other amendments as they are called up to- countries are enjoying these opportuni- ordered. Mr. BUMPERS. My brother made it morrow. Some have agreements on ties, too. them in terms of time available for de- So reducing or eliminating, which is pretty big in the corporate world. He would never have made it. We came bate and time for recorded votes that what this amendment would do, the will occur, and the yeas and nays have Market Promotion Program at this from very poor circumstances. So, yes, I believe in helping people. I do not be- been ordered on some of the amend- time in the face of continued and in- ments. On others, we hope we can work creasing foreign competition would be lieve in helping people who do not want to help themselves. But I can tell you them out as they are called up. We may tantamount to unilateral disarma- be able to agree to some of these. We ment, and I am against it and I am ar- a little help from time to time from the Federal Government pays rich divi- hope Senators will be here tomorrow guing against it. The impact would be and be prepared to work quickly as we felt throughout our economy in terms dends, and we ought to be spending where it pays rich dividends. We ought try to wrap-up consideration of this of lower exports, reduced economic ac- bill. tivity and fewer jobs. I do not think we not to be spending it on dancing raisins in Japan that scared half the children I understand that no other Senators want that. intend to come to the floor tonight to I urge my colleagues to oppose this of Japan out of their wits. It was in English, and they did not understand offer amendments. So we are prepared amendment. to wrap up the business of the Senate Mr. BUMPERS addressed the Chair. any of it. Little shriveled raisins—they tonight and go out for the evening. The PRESIDING OFFICER. The Sen- thought they were aliens. That was $3 ator from Arkansas is recognized. million worth of scaring Japanese chil- f Mr. BUMPERS. Mr. President, I rec- dren. I could go on with the horror sto- ognize our time has expired. I ask ries. I am not going to belabor it. unanimous consent that I be permitted About everything that needs to be said MORNING BUSINESS to proceed for up to 2 minutes. has been said. Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Is there I want to point out again that we are unanimous consent that there now be a objection? Without objection, it is so spending $2 billion on export enhance- period for the transaction of routine ordered. The Senator from Arkansas ments right now. Why are we adding morning business with Senators per- has 2 minutes. this piddling amount for the biggest mitted to speak therein for up to 5 Mr. BUMPERS. Mr. President, when corporations in America? If the people minutes each. you consider the mood of the country, on this list right here—which is a lot The PRESIDING OFFICER. Without which everybody recognizes is pretty longer than that list—cannot fend for objection, it is so ordered.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13725 THE REPUBLICAN EXECUTIVE MESSAGES REFERRED tion of sanctions against Angola RECONCILIATION PACKAGE As in executive session the Presiding (UNITA). There have been no amend- Mr. PELL. Mr. President, in a state- Officer laid before the Senate messages ments to the Regulations since my re- ment on the Senate floor last week, I from the President of the United port of March 27, 1995. indicated I would oppose any reconcili- States submitting a withdrawal and The Regulations prohibit the sale or ation instructions that hurt students. I sundry nominations which were re- supply by United States persons or said it was time that we took students ferred to the appropriate committees. from the United States, or using U.S.- out of harm’s way. (The nominations received today are registered vessels or aircraft, of arms Unfortunately, the reconciliation printed at the end of the Senate pro- and related materiel of all types, in- package we will consider on Wednesday ceedings.) cluding weapons and ammunition, does precisely the opposite. It harms f students and their families. Three- military vehicles, equipment and spare quarters of the cuts in this package REPORT ON THE NATIONAL EMER- parts, and petroleum and petroleum will be borne by students and their GENCY WITH ANGOLA—MESSAGE products to UNITA or to the territory families. FROM THE PRESIDENT—PM 80 of Angola other than through des- ignated points. United States persons For the first time, institutions of The PRESIDING OFFICER laid be- higher education would be charged a fore the Senate the following message are also prohibited from activities that fee of 2 percent of the total amount of from the President of the United promote or are calculated to promote money borrowed by students, and par- States, together with an accompanying such sales or supplies to UNITA or An- ents of students, at each institution. report; which was referred to the Com- gola, or from any transaction by any While this fee could not be directly mittee on Banking, Housing, and United States persons that evades or passed on to students, institutions of Urban Affairs. avoids or has the purpose of evading or higher education would have to find avoiding, or attempts to violate, any of the money somewhere. I greatly fear To the Congress of the United States: the prohibitions set forth in the Execu- that the result could be a reduction of I hereby report to the Congress on tive order. Also prohibited are trans- the developments since March 26, 1995, institutional student aid, or cutbacks actions by United States persons, or in- concerning the national emergency in educational programs and student volving the use of U.S.-registered ves- with respect to Angola that was de- support services. Clearly, a change of sels or aircraft, relating to transpor- clared in Executive Order No. 12865 of this magnitude harms students and tation to Angola or UNITA of goods the their families. September 26, 1993. This report is sub- Increasing the interest rate on par- mitted pursuant to section 401(c) of the exportation of which is prohibited. ents loans comes at a time when mid- National Emergencies Act, (50 U.S.C. The Government of Angola has des- dle-income families are increasingly 1641(c), and section 204(c) of the Inter- ignated the following points of entry as hard-pressed to make ends meet and national Emergency Economic Powers points in Angola to which the articles help pay for their children’s college Act, 50 U.S.C. 1703(c). otherwise prohibited by the Regula- education. This harms students and On September 26, 1993, I declared a tions may be shipped: Airports: Luanda their families. national emergency with respect to and Katumbela, Benguela Province; Decreasing the interest subsidy dur- Angola, invoking the authority, inter Ports: Luanda and Lobito, Benguela ing the grace period from 6 to 4 months alia, of the International Emergency Province; and Namibe, Namibe Prov- hits students when they have just fin- Economic Powers Act (50 U.S.C. 1701 et ince; and Entry Points: Malongo, ished their college education and are seq.) and the United Nations Participa- Cabinda Province. Although no specific looking for a job. This harms students tion Act of 1945 (22 U.S.C. 287c). Con- license is required by the Department and their families. sistent with United Nations Security Capping the direct loan program at 30 of the Treasury for shipments to these Council Resolution 864, dated Sep- designated points of entry (unless the percent ensures that no new schools tember 15, 1993, the order prohibited will enter the program and that stu- item is destined for UNITA), any such the sale or supply by United States exports remain subject to the licensing dents at these institutions will not be persons or from the United States, or requirements of the Departments of able to benefit from this program. It using U.S.-registered vessels or air- State and/or Commerce. also removes an incentive to improve craft, of arms and related materiel of the regular guaranteed loan program. all types, including weapons and am- 2. The FAC has worked closely with Advancements such as improved serv- munition, military vehicles, equipment the U.S. financial community to assure ices to the student and better, more fa- and spare parts, and petroleum and pe- a heightened awareness of the sanc- vorable interest rates could well dis- troleum products to the territory of tions against UNITA—through the dis- appear. This would harm students and Angola other than through designated semination of publications, seminars, their families. points of entry. The order also prohib- and notices to electronic bulletin The series of changes affecting lend- ited such sale or supply to the National boards. This educational effort has re- ers, holders, and guaranty agencies Union for the Total Independence of could well endanger the stability and sulted in frequent calls from banks to Angola (‘‘UNITA’’). United States per- viability of the current program. For assure that they are not routing funds sons are prohibited from activities that instance, more lenders might leave the in violation of these prohibitions. promote or are calculated to promote program. Thus, we could well have United States exporters have also been fewer lenders at a time when more are such sales or supplies, or from at- notified of the sanctions through a va- needed because of the proposed 30 per- tempted violations, or from evasion or riety of media, including special fliers cent cap on direct lending. This would avoidance or transactions that have and computer bulletin board informa- jeopardize access to loans by all stu- the purpose of evasion or avoidance, of tion initiated by FAC and posted dents, and would harm students and the stated prohibitions. The order au- through the Department of Commerce their families. thorized the Secretary of the Treasury, and the Government Printing Office. I intend to oppose these instructions. in consultation with the Secretary of There have been no license applica- To make such draconian changes just State, to take such actions, including tions under the program. to save money is not, in my opinion, the promulgation of rules and regula- 3. The expenses incurred by the Fed- prudent public policy. It would be far tions, as might be necessary to carry better to put a tax cut in harm’s way out the purposes of the order. eral Government in the 6-month period and to spare students. 1. On December 10, 1993, the Treasury from March 25, 1995, through Sep- Department’s Office of Foreign Assets tember 25, 1995, that are directly at- f Control (‘‘FAC’’) issued the UNITA tributable to the exercise of powers and MESSAGES FROM THE PRESIDENT (Angola) Sanctions Regulations (the authorities conferred by the declara- Messages from the President of the ‘‘Regulations’’) (58 Fed. Reg. 64904) to tion of a national emergency with re- United States were communicated to implement the President’s declaration spect to Angola (UNITA) are reported the Senate by one of his secretaries. of a national emergency and imposi- to be

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13726 CONGRESSIONAL RECORD — SENATE September 18, 1995 about $170,000, most of which rep- the Iranian threat to the national secu- tices authorizing various transactions resents wage and salary costs for Fed- rity, foreign policy, and economy of otherwise prohibited by the Executive eral personnel. Personnel costs were the United States. order or providing statements of licens- largely centered in the Department of Executive Order No. 12959 (60 Fed. ing policy. In order to ensure the the Treasury (particularly in the Office Reg. 24757, May 9, 1995) (1) prohibits ex- widest dissemination of the general li- of Foreign Assets Control, the Customs portation from the United States to censes and general notices in advance Service, the Office of the Under Sec- Iran or to the Government of Iran of of promulgation of amended regula- retary for Enforcement, and the Office goods, technology, or services; (2) pro- tions, FAC published them in the Fed- of the General Counsel) and the De- hibits the reexportation of certain U.S. eral Register on August 10, 1995 (60 Fed. partment of State (particularly the Of- goods and technology to Iran from Reg. 40881). In addition, FAC dissemi- fice of Southern African Affairs). third countries; (3) prohibits trans- nated this information by its tradi- I will continue to report periodically actions such as brokering and other tional methods such as electronic bul- to the Congress on significant develop- dealing by United States persons in letin boards, FAX, and mail. Copies of ments, pursuant to 50 U.S.C. 1703(c). goods and services of Iranian origin or these general licenses and general no- WILLIAM J. CLINTON. owned or controlled by the Govern- tices are attached to this report. THE WHITE HOUSE, September 18, 1995. ment of Iran; (4) prohibits new invest- General License No. 1 described those ments by United States persons in Iran transactions which were authorized in f or in property owned or controlled by connection with the June 6, 1995 de- REPORT ON THE NATIONAL EMER- the Government of Iran; (5) prohibits layed effective date contained in Exec- GENCY WITH IRAN—MESSAGE U.S. companies and other United utive Order No. 12959 for trade trans- FROM THE PRESIDENT—PM 81 States persons from approving, facili- actions related to pre-May 7 trade con- The PRESIDENT OFFICER laid be- tating, or financing performance by a tracts. General License No. 2 author- fore the Senate the following message foreign subsidiary or other entity ized payments to or from Iran under certain circumstances and certain dol- from the President of the United owned or controlled by a United States lar clearing transactions involving Iran States, together with an accompanying person of transactions that a United by U.S. financial institutions. General report; which was referred to the Com- States person is prohibited from per- License No. 3 authorized the expor- mittee on Banking, Housing, and forming; (6) continues the 1987 prohibi- tation of certain services by U.S. finan- Urban Affairs. tion on the importation into the United States of goods and services of cial institutions with respect to ac- To the Congress of the United States: Iranian origin; (7) prohibits any trans- counts held for persons in Iran, the I hereby report to the Congress on action by any United States person or Government of Iran, or entities owned developments concerning the national within the United States that evades or controlled by the Government of emergency with respect to Iran that or avoids or attempts to violate any Iran. General License No. 3 also con- was declared in Executive Order No. prohibition of the order; and (8) allow tained an annex identifying 13 Iranian 12957 of March 15, 1995, and matters re- U.S. companies a 30-day period in banks and 62 of their branches, agen- lating to Executive Order No. 12959 of which to perform trade transactions cies, representative offices, regional of- May 6, 1995. This report is submitted pursuant to contracts predating the fices, and subsidiaries as owned or con- pursuant to section 204(c) of the Inter- Executive order. trolled by the Government of Iran. national Emergency Economic Powers In Executive Order No. 12959, I di- General License No. 4 authorized (1) do- Act, 50 U.S.C. 1703(c) (IEEPA), and sec- rected the Secretary of the Treasury to mestic transactions involving Iranian- tion 505(c) of the International Secu- authorize through licensing certain origin goods already within the United rity and Development Cooperation Act transactions, including transactions by States except for transactions involv- of 1985, 22 U.S.C. 2349aa–9(c). This re- United States persons related to the ing the Government of Iran or an enti- port discusses only matters concerning Iran-United States Claims Tribunal in ty owned or controlled by the Govern- the national emergency with respect to The Hague, established pursuant to the ment of Iran, and (2) transactions by Iran that was declared in Executive Algiers Accords, and other inter- United States persons necessary to ef- Order No. 12957 and matters relating to national obligations and United States fect the disposition of Iranian-origin Executive Order No. 12959. Government functions. Such trans- goods or services located or to be per- 1. On March 15, 1995, I issued Execu- actions also include the export of agri- formed outside the United States, pro- tive Order No. 12957 (60 Fed. Reg. 14615, cultural commodities pursuant to pre- vided that they were acquired by that March 17, 1995) to declare a national existing contracts consistent with sec- United States person in transactions emergency with respect to Iran pursu- tion 5712(c) of title 7, United States not prohibited by the order or by 31 ant to IEEPA, and to prohibit the fi- Code. I also directed the Secretary of C.F.R. Part 560, that such disposition nancing, management, or supervision the Treasury, in consultation with the does not result in the importation of by United States persons of the devel- Secretary of State, to consider author- these goods or services into the United opment of Iranian petroleum resources. izing United States persons through States, and that such transactions are This action was in response to actions specific licensing to participate in mar- completed prior to August 6, 1995. Gen- and policies of the Government of Iran, ket-based swaps of crude oil from the eral License No. 5 authorized the im- including support for international ter- Caspian Sea area for Iranian crude oil portation into the United States of in- rorism, efforts to undermine the Mid- in support of energy projects in Azer- formation and informational mate- dle East peace process, and the acquisi- baijan, Kazakhstan, and rials, confirmed the exemption of such tion of weapons of mass destruction Turkmenistan. information from the ban on expor- and the means to deliver them. A copy Executive Order No. 12959 revokes tation from the United States, and set of the order was provided to the Con- sections 1 and 2 of Executive Order No. forth a licensing policy for the expor- gress by message dated March 15, 1995. 12613 of October 29, 1987, and sections 1 tation of equipment necessary to estab- Following the imposition of these re- and 2 of Executive Order No. 12957 of lish news wire feeds or other trans- strictions with regard to the develop- March 15, 1995, to the extent they are missions of information. General Li- ment of Iranian petroleum resources, inconsistent with it. A copy of Execu- cense No. 6 authorized the importation Iran continued to engage in activities tive Order No. 12959 was transmitted to into the United States and the expor- that represent a threat to the peace the President of the Senate and Speak- tation to Iran of diplomatic pouches and security of all nations, including er of the House by letter dated May 6, and their contents. General License Iran’s continuing support for inter- 1995. No. 7 provided a statement of licensing national terrorism, its support for acts 2. In its implementation of the sanc- policy for consideration, on a case-by- that undermine the Middle East peace tions imposed against Iran pursuant to case basis, to authorize the establish- process, and its intensified efforts to Executive Order No. 12959, the Office of ment and operation of news organiza- acquire weapons of mass destruction. Foreign Assets Control (FAC) of the tion offices in Iran by U.S. organiza- On May 6, 1995, I issued Executive Department of the Treasury has issued tions whose primary purpose is the Order No. 12959 to further respond to 12 general licenses and 2 general no- gathering and dissemination of news to

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General License No. from March 15 through September 14, vision, I have sent the enclosed notice, 8 authorized transactions in connection 1995, that are directly attributable to stating that the emergency declared with the exportation of agricultural the exercise of powers and authorities with respect to the National Union for commodities pursuant to pre-May 7 conferred by the declaration of a na- the Total In dependence of Angola trade contracts provided that the tional emergency with respect to Iran (‘‘UNITA’’) is to continue in effect be- terms of such contract require delivery are approximately $875,000, most of yond September 26, 1995, to the Federal of the commodity prior to February 2, which represents wage and salary costs Register for publication. 1996. General License No. 9 authorized for Federal personnel. Personnel costs The circumstances that led to the import, export, and service trans- were largely centered in the Depart- declaration on September 26, 1993, of a actions necessary to the conduct of of- ment of the Treasury (particularly in national emergency have not been re- ficial business by the missions of the the Office of Foreign Assets Control, solved. United Nations Security Coun- Government of Iran to international the Customs Service, the Office of the cil Resolution 864 (1993) continues to organizations and the Iranian Interests Under Secretary for Enforcement, and oblige all Member States to maintain Section of the Embassy of Pakistan in the Office of the General Counsel), the sanctions. Discontinuation of the sanc- the United States. General License No. Department of State (particularly the tions would have a prejudicial effect on 10 provided a statement of licensing Bureau of Economic and Business Af- the Angolan peace process. For these policy with respect to transactions in- fairs, the Bureau of Near Eastern Af- reasons, I have determined that it is cident to the resolution of disputes be- fairs, the Bureau of Politico-Military necessary to maintain in force the tween the United States or U.S. na- Affairs, and the Office of the Legal Ad- broad authorities necessary to apply tionals and the Government of Iran in viser), and the Department of Com- economic pressure to UNITA. international tribunals and domestic merce (the Bureau of Export Adminis- WILLIAM J. CLINTON. courts in the United States and abroad. tration and the General Counsel’s Of- THE WHITE HOUSE, September 18, 1995. General License No. 11 authorized the fice). f exportation of household goods and 6. The situation reviewed above con- personal effects for persons departing tinues to involve important diplo- MESSAGES FROM THE HOUSE from the United States to relocate in matic, financial, and legal interests of At 12:55 p.m., a message from the Iran. General License No. 12 authorized the United States and its nationals and House of Representatives, delivered by the provision of certain legal services presents an extraordinary and unusual Mr. Hays, one of its reading clerks, an- to the Government of Iran or to a per- threat to the national security, foreign nounced that the House has passed the son in Iran and the receipt of payment policy, and economy of the United following bill, in which it requests the therefor under certain circumstances. States. The declaration of the national concurrence of the Senate: General Notice No. 1 described infor- emergency with respect to Iran con- H.R. 1670. An act to revise and streamline mation required in connection with an tained in Executive Order No. 12957 and the acquisition laws of the Federal Govern- application for a specific license to the comprehensive economic sanctions ment, to reorganize the mechanisms for re- complete the performance of pre-May 7 imposed by Executive Order No. 12959 solving Federal procurement disputes, and trade contracts prior to August 6, 1995 underscore the United States Govern- for other purposes. (except with respect to agricultural ment’s opposition to the actions and f commodities as provided by General policies of the Government of Iran, par- License No. 8). General Notice No. 2 in- ticularly its support of international MEASURES REFERRED dicated that the Department of the terrorism and its efforts to acquire The following bill was read the first Treasury had authorized the U.S. agen- weapons of mass destruction and the and second times by unanimous con- cies of Iranian banks to complete, means to deliver them. The Iranian sent and referred as indicated: through December 29, 1995, trans- Transactions Regulations issued pursu- H.R. 1670. An act to revise and streamline actions for U.S. exporters involving ant to Executive Orders No. 12957 and the acquisition laws of the Federal Govern- letters of credit, which they issued, No. 12959 continue to advance impor- ment, to reorganize the mechanisms for re- confirmed, or advised prior to June 6, tant objectives in promoting the non- solving Federal procurement disputes, and 1995, provided that the underlying ex- proliferation and antiterrorism policies for other purposes; to the Committee on port was completed in accordance with of the United States. I shall exercise Governmental Affairs. the terms of General License No. 1 or a the powers at my disposal to deal with f specific license issued to the exporter these problems and will report periodi- by FAC. General Notice No. 2 also cally to the Congress on significant de- EXECUTIVE AND OTHER noted that the U.S. agencies of the Ira- velopments. COMMUNICATIONS nian banks were authorized to offer WILLIAM J. CLINTON. The following communications were discounted advance payments on de- THE WHITE HOUSE, September 18, 1995. laid before the Senate, together with ferred payment letters of credit, which accompanying papers, reports, and doc- f they issued, confirmed, or advised, pro- uments, which were referred as indi- vided that the same criteria are met. REPORT ON THE NATIONAL EMER- cated: 3. The Iranian Transactions Regula- GENCY WITH UNITA—MESSAGE EC–1449. A communication from the Direc- tions, 31 CFR Part 560 (the ‘‘ITR’’), FROM THE PRESIDENT—PM 82 tor of the Office of Management and Budget, have been comprehensively amended to The PRESIDING OFFICER laid be- Executive Office of the President, transmit- implement the provisions of Executive fore the Senate the following message ting, pursuant to law, the cumulative report Orders No. 12957 and No. 12959. The on rescissions and deferrals dated August 1, from the President of the United 1995; referred jointly, pursuant to the order amended ITR were issued by FAC on States, together with an accompanying September 11, 1995 (60 Fed. Reg. 47061– of January 30, 1975, as modified by the order report; which was referred to the Com- of April 11, 1986, to the Committee on Appro- 74) and incorporate, with some modi- mittee on Banking, Housing, and priations, Committee on the Budget, Com- fications, the General Licenses cited Urban Affairs. mittee on Agriculture, Nutrition and For- above. A copy of the amended regula- estry, Committee on Banking, Housing and tions is attached to this report. To the Congress of the United States: Urban Affairs, Committee on Commerce, 4. In consultation with the Depart- Section 202(d) of the National Emer- Science and Transportation, Committee on ment of State, FAC reviewed applica- gencies Act (50 U.S.C. 1622(d)) provides Environment and Public Works, Committee tions for specific licenses to permit for the automatic termination of a na- on Finance, Committee on Foreign Rela- continued performance of trade con- tional emergency unless, prior to the tions, Committee on the Judiciary, and to tracts entered into prior to May 7, 1995. anniversary date of its declaration, the the Committee on Labor and Human Re- President publishes in the Federal Reg- sources. It issued more than 100 such licenses EC–1450. A communication from the Direc- allowing performance to continue up to ister and transmits to the Congress a tor of the Office of Management and Budget, August 6, 1995. notice stating that the emergency is to Executive Office of the President, transmit- 5. The expenses incurred by the Fed- continue in effect beyond the anniver- ting, pursuant to law, the OMB Sequestra- eral Government in the 6-month period sary date. In accordance with this pro- tion Update Report for fiscal 1996; referred

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In my riculture, Nutrition and Forestry, Com- the Committee on Finance. mittee on Armed Services, Committee on By Mr. ABRAHAM (for himself, Mr. State of Maryland alone, there are Banking, Housing and Urban Affairs, Com- KYL, Mrs. FEINSTEIN, and Mr. SHEL- more than 280,000 Federal employees. mittee on Commerce, Science and Transpor- BY): They are some of the most dedicated tation, Committee on Energy and Natural S. 1253. A bill to amend the Controlled Sub- and hard-working people in America Resources, Committee on Environment and stances Act with respect to penalties for today. These employees have devoted Public Works, Committee on Finance, Com- crimes involving cocaine, and for other pur- their careers and lives to public serv- mittee on Foreign Relations, Committee on poses; to the Committee on the Judiciary. ice, and they should not be used as By Mr. ABRAHAM (for himself, Mr. Governmental Affairs, Committee on the Ju- pawns in a game of political brinkman- diciary, Committee on Labor and Human Re- HATCH, Mr. THURMOND, Mr. GRASS- sources, Committee on Rules and Adminis- LEY, Mr. KYL, Mrs. FEINSTEIN, Mr. ship. tration, Committee on Small Business, Com- SHELBY, and Mr. COVERDELL): Federal employees have already en- mittee on Veterans’ Affairs, Committee on S. 1254. A bill to disapprove of amendments dured their fair share of hardship this Indian Affairs, Select Committee on Intel- to the Federal Sentencing Guidelines relat- year. Downsizing, diet COLA’s, attacks ligence and the Special Committee on Aging. ing to lowering of crack sentences and sen- on pensions and health benefits, and tences for money laundering and trans- f now the threat of unpaid furloughs actions in property derived from unlawful have damaged morale at nearly every activity; read the first time. REPORTS OF COMMITTEES Federal agency. This assault must stop SUBMITTED DURING RECESS By Mr. ROCKEFELLER: S. 1255. A bill to amend title XVIII of the Mr. President. We cannot continue to Pursuant to the order of the Senate Social Security Act to provide for medicare denigrate and downgrade Federal em- of January 4, 1995, the following report contracting reforms, and for other purposes; ployees and at the same time expect was submitted on September 15, 1995, to the Committee on Finance. Government to work better. during the recess of the Senate: By Mr. DASCHLE (for himself, Mr. I urge my colleagues to support the By Mr. SPECTER, from the Committee on LEAHY, Mr. KERREY, Mr. HARKIN, Mr. Mikulski-Sarbanes legislation and Appropriations, with amendments: DORGAN, Mr. CONRAD, Mr. work to prevent this train wreck from H.R. 2127: A bill making appropriations for WELLSTONE, Mr. EXON, Mr. BAUCUS, happening. We have a contract with the Departments of Labor, Health and and Mr. FORD): S. 1256. A bill to provide marketing loans, our Federal employees, and we should Human Services, and Education, and related loan deficiency payments, and a flexible encourage their dedication by ensuring agencies, for the fiscal year ending Sep- acreage base for the 1996 through 2002 crops that the contract is honored and their tember 30, 1996, and for other purposes (Rept. of wheat, feed grains, and oilseeds, to estab- No. 104–145). pay and benefits are not put in jeop- lish an environmental quality incentives ardy.∑ f program, and for other purposes; to the Com- ∑ Mr. SARBANES. Mr. President, I am REPORTS OF COMMITTEES mittee on Agriculture, Nutrition, and For- pleased to join my colleague from estry. Maryland, Senator MIKULSKI, in co- The following reports of committees By Mr. WELLSTONE: were submitted: S. 1257. A bill to amend the Stewart B. sponsoring this important legislation to ensure the protection of Federal em- By Mr. HATCH, from the Committee on McKinney Homeless Assistance Act to reau- the Judiciary, without amendment: thorize programs relating to homeless assist- ployee pay and benefits in the event of S. 977. A bill to correct certain references ance for veterans; to the Committee on a furlough. in the Bankruptcy Code. Labor and Human Resources. We have a responsibility to the men S. 1111. A bill to amend title 35, United By Mr. KYL: and women who have dedicated them- States Code, with respect to patents on bio- S. 1258. A bill to amend the Internal Rev- selves to public service and I would enue Code of 1986 to allow a one-time elec- technological processes. hope that my colleagues would join S.J. Res. 20. A joint resolution granting tion of the interest rate to be used to deter- mine present value for purposes of pension Senator MIKULSKI and I in our ongoing the consent of Congress to the compact to effort to maintain the Federal Govern- provide for joint natural resource manage- cash-out restrictions, and for other purposes; ment and enforcement of laws and regula- to the Committee on Finance. ment’s commitment to its dedicated tions pertaining to natural resources and f work force. Over the past several months, Fed- boating at the Jennings Randolph Lake STATEMENTS ON INTRODUCED Project lying in Garrett County, Maryland eral employees have been subject to and Mineral County, West Virginia, entered BILLS AND JOINT RESOLUTIONS numerous attacks on their pay and into between the States of West Virginia and By Ms. MIKULSKI (for herself earned benefits. Despite my opposition, Maryland. and Mr. SARBANES): Congress approved the Republican f S. 1250. A bill to amend titles 5 and budget resolution which seeks to 37, United States Code, to provide for INTRODUCTION OF BILLS AND change the calculation of retirement the continuance of pay and the author- JOINT RESOLUTIONS benefits for Federal employees from ity to make certain expenditures and the employee’s highest 3-year average The following bills and joint resolu- obligations during lapses in appropria- to the highest 5-year average. The reso- tions were introduced, read the first tions; to the Committee on Appropria- lution also contains a reduction in the and second time by unanimous con- tions. Federal Government’s contribution to sent, and referred as indicated: THE FEDERAL EMPLOYEE COMPENSATION employee health care benefits and an By Ms. MIKULSKI (for herself and Mr. PROTECTION ACT increase from 7 to 7.5 percent in Fed- SARBANES): ∑ Ms. MIKULSKI. Mr. President, I in- eral employee contribution rates over S. 1250. A bill to amend titles 5 and 37, troduce an important piece of legisla- the next 7 years. United States Code, to provide for the con- tion called the Federal Employee Com- In my view, this is a breach of the tinuance of pay and the authority to make certain expenditures and obligations during pensation Protection Act. contract with Federal employees. In an lapses in appropriations; to the Committee With a budget stalemate looming attempt to restore fairness for Federal on Appropriations. ahead, I think it is crucial that we workers, I offered, along with Senator By Mr. HATFIELD (for himself, Mr. keep our faith with Federal employees. MIKULSKI and several of my colleagues, HARKIN, and Mrs. BOXER): The Mikulski-Sarbanes legislation will an amendment to the Republican budg- S. 1251. A bill to establish a National Fund keep that faith by protecting Federal et resolution which would have strick- for Health Research to expand medical re- employee pay and benefits during a en the high three/high five provision. search programs through increased funding Government shutdown. Our legislation Unfortunately, the provision failed by provided to the National Institutes of will ensure that Federal employees in Health, and for other purposes; to the Com- the narrowest of margins. mittee on Finance. Maryland and across the Nation will be Mr. President, Federal employees By Mr. ABRAHAM (for himself, Mr. able to make their mortgage payments, have made a choice to serve their coun- LIEBERMAN, Mr. SANTORUM, Ms. put food on the table, and provide for try and we should respect and reward MOSELEY-BRAUN, and Mr. DEWINE): their families. that choice by supporting these hard- working, dedicated individuals.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13729 Through the legislation Senator MI- ing are decreasing. We cannot continue totalled $300 million, yet it is esti- KULSKI and I are introducing today, we to look solely to the appropriations mated that $90 billion is expended an- have the opportunity to send a message process for the necessary resources to nually on care. Federally supported re- to the Federal work force and to all keep our biomedical research enter- search on diabetes totals $290 million, American citizens that Congress hon- prise growing at a rate which takes ad- yet it is estimated that $25 billion is ors and values the commitment those vantage of the myriad medical break- expended annually on care. Federally who work for the Government have throughs on the horizon. We must look supported research on mental health made. for a funding source to supplement an- totals $613 million, yet it is estimated As I have stated many times before, nual appropriations to the National In- that $130 billion is expended annually Federal employees have already made stitutes of Health. on care. significant sacrifices in past years in Today I am pleased to unite with my As we struggle in the coming months the form of downsizing efforts, delayed friend and colleague, Senator HARKIN, to achieve a balanced budget, we must and reduced cost of living adjustments, in introducing legislation to establish embrace policies that enable us to and other reductions in Federal em- the national fund for medical research. make the most out of our scarce Fed- ployee pay and benefits. They have We joined forces in this effort last year eral dollars. Federal funding for med- been called on to sacrifice further in and worked hard to see that medical ical research should be a top priority this Congress through the Republican research was a part of the health care because without new knowledge to de- budget resolution and are now facing reform debates. At the end of the proc- velop new strategies to prevent disease, the very real possibility that, through ess, although the issue was ultimately new treatments to delay the progres- no fault of their own, they may have to unresolved, we had received the atten- sion of disease and new interventions either work without pay or be prohib- tion and support of many Members in to cure disease; health care costs will ited from coming to work at all. this Chamber. We introduce this bill continue to spiral out of control. Dis- In a consistent and committed way, today, with the support of Senator ease drives the cost of health care. A Federal workers give dedicated service BOXER of California, with the intention concerted Federal assault on disease to our country and they deserve to of building on the momentum of last have their pay and earned benefits pro- will not only save precious funds, but year to gain the support of our many it will provide hope to the afflicted. tected. Like Cal Ripken, who was re- colleagues in this body who are com- Watching a medical catastrophe af- cently honored in Baltimore, Federal mitted to the biomedical research in- fect a family or individual is one of the employees show up day in and day out frastructure. and do their jobs. In my view, we Our legislation proposes to create a greatest tragedies we face in this coun- should recognize and encourage such new fund in the U.S. Treasury, fi- try. The impacts are accentuated when dedication by ensuring that the pay nanced by an increase in Federal to- this misfortune comes in the form of and benefits of Federal workers are not bacco taxes and income generated an incurable disease. Loved ones are placed in jeopardy.∑ through a voluntary Federal income left with no hope, and feeling powerless tax checkoff. By raising the Federal as they watch the debilitating effects By Mr. HATFIELD (for himself, tax on cigarettes by 25 cents per pack- of disease overcome the individual. I Mr. HARKIN, and Mrs. BOXER): age, as well as raising the tax to an know many of my colleagues in the S. 1251. A bill to establish a national Senate have experienced this sense of fund for health research to expand equivalent level on smokeless tobacco products, the Joint Committee on Tax- powerlessness. They have watched medical research programs through in- helplessly while family members dete- creased funding provided to the Na- ation has estimated annual income for the fund of approximately $4.2 billion. riorate from the effects of a deadly dis- tional Institutes of Health, and for ease. The vibrant individual that they other purposes; to the Committee on These funds will be distributed on a phased-in basis to the National Insti- knew and loved is reduced to a with- Finance. ering shell of a human being. The one THE NATIONAL FUND FOR HEALTH RESEARCH tutes of Health to supplement, not re- place, the funds the organization re- thing, and the only thing that provides ACT comfort to the afflicted and to their Mr. HATFIELD. Mr. President, this ceives each year in the appropriations process. Funds will be distributed in loved ones, is hope. Hope for an end to week finds us at the height of the ap- the suffering. Hope for a return to a propriations process, as the end of the accordance with the proportion of funds each of the member institutes normal life. Hope for a cure. This hope fiscal year rapidly approaches. It has does not have to be great, even the been a season of difficult fiscal deci- and centers receive in the appropria- tions process, after 5 percent has been faintest glimmer brings happiness to sions which must be made to conform someone faced with a fatal future. to the constraints of our balanced divided between the Office of the Direc- Medical research is the sole hope we budget agreement. Never are the trade- tor, the National Center for Research can provide to millions of Americans offs as vivid as when we consider spend- Resources, and the National Library of who will experience disease and dis- ing levels for health and education pro- Medicine. ability either in their own lives or in grams, as we did this morning when Funds raised through this proposal the Senate Appropriations Committee will increase the budget of the NIH by their families. We can care for them in completed action on the fiscal year 1996 35 percent over the fiscal year 1995 ap- our hospitals and clinics but we cannot Labor, HHS, and Education appropria- propriated level. This will allow many alleviate their pain or end their suf- tions bill. more research grant applications to be fering without cures and preventative I am pleased to report that the com- funded so that scientific opportunities treatments. Cures are the direct result mittee provided nearly $1.5 billion of merit can be pursued and ultimately of our investment in medical research. more than the House for education pro- translated into cost-effective treat- This legislation is important because grams. In addition, we provided a ments and cures which will improve it will help provide a more sustainable 2.7=percent increase for health re- our national quality of life. I know of funding base for medical research. Dur- search at the National Institutes of no better investment for the Federal ing the debate on the budget resolu- Health. While this level is less than Government than one which strength- tion, I offered an amendment to restore that provided by the House, I believe it ens our human capital—be it in edu- $7 billion of the nearly $8 billion cut for represents a fair balance between the cation or health research, our greatest the NIH proposed by the Senate budget vitally important issues of health and strength is a healthy, and thus resolution over the next 7 years. This education. But clearly, my preference wealthy, populous. amendment passed by a vote of 85–14. would have been to provide a much Mr. President, my good friend, the While this was a short-term victory for larger increase for medical research so great philanthropist, Mary Lasker once the NIH, it demonstrates the need for a that the engine which drives the qual- said, ‘‘If you think research is expen- stable endowment for medical re- ity of medical care and reduced health sive, try disease.’’ Diseases cost this search. The war against disease can not costs could run at full tilt. country hundreds of billions of dollars be fully waged if medical researchers The current reality is, however, that annually. Last year, federally sup- have to engage in yearly squabbles available funds for discretionary spend- ported research on Alzheimer’s disease with Congress over funding levels.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13730 CONGRESSIONAL RECORD — SENATE September 18, 1995 As most of my colleagues know, I am Zenia has vigorously pursued this ties are badly needed to maintain and im- a practical man. I do not underesti- pledge by working during her college prove the quality of research. mate the difficulty any tax increase summers at Oregon Health Sciences (7) Because the Concurrent Resolution on has in the current political climate, University. It was here, at one of our the Budget for fiscal year 1996 (H. Con. Res. but I submit we must listen to the peo- 67) freezes discretionary spending for the Nation’s top academic medical centers, next 5 years, the Nation’s investment in ple who put the new Republican major- that she encountered the problems of health research through the National Insti- ity in power. insufficient funds for medical research. tutes of Health is likely to decline in real A recent Harris Poll has shown that This inspired her to develop a com- terms unless corrective legislative action is Americans strongly support health re- prehensive proposal to cure cancer. The taken. search and are willing to put their main component of this proposal is re- (8) A health research fund is needed to money behind their words. The poll search. Kim writes, ‘‘as a future med- maintain our Nation’s commitment to asked Americans which type of sci- ical scientist, I would like to know health research and to increase the percent- entific research they favored—66 per- age of approved projects which receive fund- that there will be enough funding ing at the National Institutes of Health. cent favored medical research and a available to pursue my research en- pitiful 4 percent preferred defense re- (9) Each year 419,000 Americans die directly deavors.’’ from tobacco use and thousands more die search. This same poll determined that I would like Zenia to someday realize from diseases caused by exposure to environ- if assured that the funds would be her goal and find a cure for cancer. I mental tobacco smoke. This year one out of spent for medical research, 74 percent would like to assure Zenia, that when every five Americans who die will die from of Americans are willing to spend $1 she graduates from medical school, we tobacco use. more in taxes. Other polling data con- will have adequate funding for medical (10) A recent study by the Centers for Dis- sistently shows that more than two- ease Control and Prevention estimates that research. I urge my colleagues to sup- thirds of Republican and Democratic the Federal Government expended more than voters, including voters in tobacco- port the National Fund for Medical Re- $20,000,000,000 in 1993 alone to treat illnesses growing States, favor raising tobacco search to help Zenia and others like associated with tobacco use. taxes. her to provide hope for those tor- (11) A 25 cent increase in the tobacco tax These results make it clear that our mented by disease and disabilities. would discourage 1,300,000 Americans from I ask unanimous consent to include smoking and prevent more than 300,000 pre- constituents desire a strong Federal mature deaths. commitment to medical research, even in the RECORD, a copy of the bill, a question and answer summary, a sam- (12) An estimated 90 percent of all smokers if it means an increase in taxes. An in- start when they are teenagers or younger. crease in tobacco taxes is easily the ple of letters of support, and a list of (13) Voluntary income tax checkoffs for most appropriate source of funding for nearly 200 organizations supporting medical research for specific diseases exist in this bill. The Centers for Disease Con- this effort. some States and have proven successful in trol and Prevention reports that the There being no objection, the mate- generating funds for such research. Federal Government spends more than rial was ordered to be printed in the TITLE I—NATIONAL FUND FOR HEALTH $20 billion per year to pay for the di- RECORD, as follows: RESEARCH rect health care costs caused by to- S. 1251 SEC. 101. ESTABLISHMENT. bacco. Tobacco taxes will help offset Be it enacted by the Senate and House of Rep- (a) ESTABLISHMENT.—There is established and reduce the economic costs of resentatives of the United States of America in in the Treasury of the United States a fund, smoking. Taxes on tobacco products Congress assembled, to be known as the ‘‘National Fund for Health Research’’ (hereafter in this section SECTION 1. SHORT TITLE. are a proven source of revenue around referred to as the ‘‘Fund’’), consisting of the world. Most major industrialized This Act may be cited as the ‘‘National such amounts as are transferred to the Fund nations tax tobacco at $2 to $3.60 per Fund for Health Research Act’’. under subsection (b) and any interest earned package. SEC. 2. FINDINGS. on investment of amounts in the Fund. The increase in the tobacco tax will Congress finds the following: (b) TRANSFERS TO FUND.— provide extensive health benefits. To- (1) Nearly 4 of 5 peer reviewed research (1) IN GENERAL.—The Secretary of the bacco use is the greatest cause of pre- projects deemed worthy of funding by the Treasury shall transfer to the Fund amounts ventable death in America. About 1.3 National Institutes of Health are not funded. equivalent to— (2) Less than 3 percent of the nearly one million children and adults will be dis- (A) taxes received in the Treasury under trillion dollars our Nation spends on health section 5701 of the Internal Revenue Code of couraged from smoking by a 25-cent to- care is devoted to health research, while the 1986 (relating to taxes on tobacco products) bacco tax. Because about half of all defense industry spends 15 percent of its to the extent attributable to the increase in long-term smokers die of diseases budget on research. such taxes resulting from the amendments caused by smoking, a 25-cent tobacco (3) Public opinion surveys have shown that made by title II of the National Fund for tax will save the lives of more than Americans want more Federal resources put Health Research Act; and 300,000 Americans alive today. I hope into health research and are willing to pay (B) the amounts designated under section these heart-wrenching statistics will for it. Polling data consistently shows that 6097 (relating to designation of overpayments put an end to the congressional cod- more than two-thirds of all voters support a and contributions to the Fund). major tobacco tax increase if revenues gen- dling of the almighty tobacco lobby. (2) TRANSFERS BASED ON ESTIMATES.—The erated are dedicated to health-related pro- amounts transferred by paragraph (1) shall Tobacco use imposes a great price on grams. annually be transferred to the Fund within our society, and those who profit from (4) Ample evidence exists to demonstrate 30 days after the President signs an appro- tobacco use should contribute their that health research has improved the qual- priations Act for the Departments of Labor, fair share to this devastation. ity of health care in the United States. Ad- Health and Human Services, and Education, This legislation has everything to do vances such as the development of vaccines, and related agencies, or by the end of the with providing our Nation with a the cure of many childhood cancers, drugs first quarter of the fiscal year. Proper ad- brighter future. While sustainable re- that effectively treat a host of diseases and justment shall be made in amounts subse- sources for medical research are essen- disorders, a process to protect our Nation’s quently transferred to the extent prior esti- tial for our Nation’s prosperity, our blood supply from the HIV virus, progress mates were in excess of or less than the against cardiovascular disease including amounts required to be transferred. young people will ultimately deter- heart attack and stroke, and new strategies (c) OBLIGATIONS FROM FUND.— mine the future of our Nation. Zenia for the early detection and treatment of dis- (1) IN GENERAL.—Subject to the provisions Kim, a finalist in the Miss Oregon Pag- eases such as colon, breast, and prostate can- of paragraph (4), with respect to the amounts eant, and an aspiring medical re- cer clearly demonstrates the benefits of made available in the Fund in a fiscal year, searcher, provides me with a personal health research. the Secretary of Health and Human Services impetus to progress on this legislation. (5) Health research which holds the prom- shall distribute— Like many Zenia had not given disease ise of prevention of intentional and uninten- (A) 2 percent of such amounts during any or medical research much thought tional injury and cure and prevention of dis- fiscal year to the Office of the Director of ease and disability, is critical to holding the National Institutes of Health to be allo- until a close relative was stricken with down costs in the long term. cated at the Director’s discretion for the fol- cancer. After seeing her family mem- (6) The state of our Nation’s research fa- lowing activities: ber experience the terrors of chemo- cilities at the National Institutes of Health (i) for carrying out the responsibilities of therapy, she dedicated her life to find- and at universities is deteriorating signifi- the Office of the Director, including the Of- ing a cure to cancer. cantly. Renovation and repair of these facili- fice of Research on Women’s Health and the

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13731 Office of Research on Minority Health, the TITLE II—FINANCING PROVISIONS the rates of tax in effect on the day before Office of Alternative Medicine, the Office of SEC. 201. AMENDMENT OF 1986 CODE. the date of the enactment of the National Rare Disease Research, the Office of Behav- Except as otherwise expressly provided, Fund for Health Research Act. ioral and Social Sciences Research (for use whenever in this title an amendment or re- ‘‘(4) DISPOSITION OF REVENUES.—The provi- for efforts to reduce tobacco use), the Office peal is expressed in terms of an amendment sions of section 7652(a)(3) shall not apply to of Dietary Supplements, and the Office for to, or repeal of, a section or other provision, any tax imposed by reason of this sub- Disease Prevention; and the reference shall be considered to be made section.’’ (h) EFFECTIVE DATE.—The amendments (ii) for construction and acquisition of to a section or other provision of the Inter- made by this section shall apply to articles equipment for or facilities of or used by the nal Revenue Code of 1986. National Institutes of Health; removed (as defined in section 5702(k) of the SEC. 202. INCREASE IN EXCISE TAXES ON TO- Internal Revenue Code of 1986, as amended (B) 2 percent of such amounts for transfer BACCO PRODUCTS. to the National Center for Research Re- by this Act) after December 31, 1995. (a) CIGARETTES.—Subsection (b) of section sources to carry out section 1502 of the Na- (i) FLOOR STOCKS TAXES.— 5701 is amended— (1) IMPOSITION OF TAX.—On tobacco prod- tional Institutes of Health Revitalization (1) by striking ‘‘$12 per thousand ($10 per Act of 1993 concerning Biomedical and Be- ucts and cigarette papers and tubes manufac- thousand on cigarettes removed during 1991 tured in or imported into the United States havioral Research Facilities; or 1992)’’ in paragraph (1) and inserting ‘‘$24.5 (C) 1 percent of such amounts during any or the Commonwealth of Puerto Rico which per thousand’’, and are removed before January 1, 1996, and held fiscal year for carrying out section 301 and (2) by striking ‘‘$25.20 per thousand ($21 per on such date for sale by any person, there is part D of title IV of the Public Health Serv- thousand on cigarettes removed during 1991 hereby imposed a tax in an amount equal to ice Act with respect to health information or 1992)’’ in paragraph (2) and inserting the excess of— communications; and ‘‘$51.45 per thousand’’. (A) the tax which would be imposed under (D) the remainder of such amounts during (b) CIGARS.—Subsection (a) of section 5701 section 5701 of the Internal Revenue Code of any fiscal year to member institutes and is amended— 1986 on the article if the article had been re- centers, including the Office of AIDS Re- (1) by striking ‘‘$1.125 cents per thousand moved on such date, over search, of the National Institutes of Health (93.75 cents per thousand on cigars removed (B) the prior tax (if any) imposed under in the same proportion to the total amount during 1991 or 1992)’’ in paragraph (1) and in- section 5701 or 7652 of such Code on such arti- received under this section, as the amount of serting ‘‘$13.64 per thousand’’, and cle. annual appropriations under appropriations (2) by striking ‘‘equal to’’ and all that fol- (2) AUTHORITY TO EXEMPT CIGARETTES HELD Acts for each member institute and Centers lows in paragraph (2) and inserting ‘‘equal to IN VENDING MACHINES.—To the extent pro- for the fiscal year bears to the total amount 26.03 percent of the price for which sold but vided in regulations prescribed by the Sec- of appropriations under appropriations Acts not more than $61.25 per thousand.’’ retary, no tax shall be imposed by paragraph for all member institutes and Centers of the (c) CIGARETTE PAPERS.—Subsection (c) of (1) on cigarettes held for retail sale on Janu- National Institutes of Health for the fiscal section 5701 is amended by striking ‘‘0.75 ary 1, 1996, by any person in any vending ma- year. cent (0.625 cent on cigarette papers removed chine. If the Secretary provides such a ben- (2) PLANS OF ALLOCATION.—The amounts during 1991 or 1992)’’ and inserting ‘‘1.53 efit with respect to any person, the Sec- transferred under paragraph (1)(D) shall be cents’’. retary may reduce the $500 amount in para- allocated by the Director of the National In- (d) CIGARETTE TUBES.—Subsection (d) of graph (3) with respect to such person. stitutes of Health or the various directors of section 5701 is amended by striking ‘‘1.5 (3) CREDIT AGAINST TAX.—Each person shall the institutes and centers, as the case may cents (1.25 cents on cigarette tubes removed be allowed as a credit against the taxes im- be, pursuant to allocation plans developed by during 1991 or 1992)’’ and inserting ‘‘3.06 posed by paragraph (1) an amount equal to the various advisory councils to such direc- cents’’. $500. Such credit shall not exceed the tors, after consultation with such directors. (e) SMOKELESS TOBACCO.—Subsection (e) of amount of taxes imposed by paragraph (1) on (3) GRANTS AND CONTRACTS FULLY FUNDED section 5701 is amended— January 1, 1996, for which such person is lia- IN FIRST YEAR.—With respect to any grant or (1) by striking ‘‘36 cents (30 cents on snuff ble. contract funded by amounts distributed removed during 1991 or 1992)’’ in paragraph (4) LIABILITY FOR TAX AND METHOD OF PAY- under paragraph (1), the full amount of the (1) and inserting ‘‘$3.69’’, and MENT.— total obligation of such grant or contract (2) by striking ‘‘12 cents (10 cents on chew- (A) LIABILITY FOR TAX.—A person holding shall be funded in the first year of such grant ing tobacco removed during 1991 or 1992)’’ in cigarettes on January 1, 1996, to which any or contract, and shall remain available until paragraph (2) and inserting ‘‘$1.45’’. tax imposed by paragraph (1) applies shall be expended. (f) PIPE TOBACCO.—Subsection (f) of section liable for such tax. (4) TRIGGER AND RELEASE OF MONIES AND 5701 is amended by striking ‘‘67.5 cents (56.25 (B) METHOD OF PAYMENT.—The tax imposed PHASE-IN.— cents on pipe tobacco removed during 1991 or by paragraph (1) shall be paid in such man- (A) TRIGGER AND RELEASE.—No expenditure 1992)’’ and inserting ‘‘$4.85’’. ner as the Secretary shall prescribe by regu- shall be made under paragraph (1) during any (g) APPLICATION OF TAX INCREASE TO PUER- lations. fiscal year in which the annual amount ap- TO RICO.—Section 5701 is amended by adding (C) TIME FOR PAYMENT.—The tax imposed propriated for the National Institutes of at the end the following new subsection: by paragraph (1) shall be paid on or before Health is less than the amount so appro- ‘‘(h) APPLICATION TO TAXES TO PUERTO April 1, 1996. priated for the prior fiscal year. RICO.—Notwithstanding subsections (b) and (5) ARTICLES IN FOREIGN TRADE ZONES.— (B) PHASE-IN.—The Secretary of Health and (c) of section 7653 and any other provision of Notwithstanding the Act of June 18, 1934 (48 Human Services shall phase-in the distribu- law— Stat. 998, 19 U.S.C. 81a) and any other provi- tions required under paragraph (1) so that— ‘‘(1) IN GENERAL.—On tobacco products and sion of law, any article which is located in a (i) 25 percent of the amount in the Fund is cigarette papers and tubes, manufactured or foreign trade zone on January 1, 1996, shall distributed in fiscal year 1997; imported into the Commonwealth of Puerto be subject to the tax imposed by paragraph (ii) 50 percent of the amount in the Fund is Rico, there is hereby imposed a tax at the (1) if— distributed in fiscal year 1998; rate equal to the excess of— (A) internal revenue taxes have been deter- (iii) 75 percent of the amount in the Fund ‘‘(A) the rate of tax applicable under this mined, or customs duties liquidated, with re- is distributed in fiscal year 1999; and section to like articles manufactured in the spect to such article before such date pursu- (iv) 100 percent of the amount in the Fund United States, over ant to a request made under the 1st proviso is distributed in fiscal year 2000 and each ‘‘(B) the rate referred to in subparagraph of section 3(a) of such Act, or succeeding fiscal year. (A) as in effect on the day before the date of (B) such article is held on such date under (5) ADMINISTRATIVE EXPENSES.—Amounts in the enactment of the National Fund for the supervision of a customs officer pursuant the Fund shall be available to pay the ad- Health Research Act. to the 2d proviso of such section 3(a). ministrative expenses of the Department of ‘‘(2) SHIPMENTS TO PUERTO RICO FROM THE (6) DEFINITIONS.—For purposes of this sub- the Treasury directly allocable to— UNITED STATES.—Only the rates of tax in ef- section— (A) modifying the individual income tax fect on the day before the date of the enact- (A) IN GENERAL.—Terms used in this sub- return forms to carry out section 6097 of the ment of this subsection shall be taken into section which are also used in section 5702 of Internal Revenue Code of 1986; and account in determining the amount of any the Internal Revenue Code of 1986 shall have (B) processing amounts received under exemption from, or credit or drawback of, the respective meanings such terms have in such section 6097 and transferring such any tax imposed by this section on any arti- such section, as amended by this Act. amounts to such Fund. cle shipped to the Commonwealth of Puerto (B) SECRETARY.—The term ‘‘Secretary’’ (d) BUDGET TREATMENT OF AMOUNTS IN Rico from the United States. means the Secretary of the Treasury or his FUND.—The amounts in the Fund shall be ex- ‘‘(3) SHIPMENTS FROM PUERTO RICO TO THE delegate. cluded from, and shall not be taken into ac- UNITED STATES.—The rates of tax taken into (7) CONTROLLED GROUPS.—Rules similar to count, for purposes of any budget enforce- account under section 7652(a) with respect to the rules of section 5061(e)(3) of such Code ment procedure under the Congressional tobacco products and cigarette papers and shall apply for purposes of this subsection. Budget Act of 1974 or the Balanced Budget tubes coming into the United States from (8) OTHER LAWS APPLICABLE.—All provi- and Emergency Deficit Control Act of 1985. the Commonwealth of Puerto Rico shall be sions of law, including penalties, applicable

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with respect to the taxes imposed by section ‘‘Sec. 5754. Restriction on importation of pre- ‘‘(g) ROLL-YOUR-OWN TOBACCO.—On roll- 5701 of such Code shall, insofar as applicable viously exported tobacco prod- your-own tobacco, manufactured in or im- and not inconsistent with the provisions of ucts.’’ ported into the United States, there shall be this subsection, apply to the floor stocks (b) IMPORTERS REQUIRED TO BE QUALI- imposed a tax of $4.85 per pound (and a pro- taxes imposed by paragraph (1), to the same FIED.— portionate tax at the like rate on all frac- extent as if such taxes were imposed by such (1) Sections 5712, 5713(a), 5721, 5722, tional parts of a pound).’’ section 5701. The Secretary may treat any 5762(a)(1), and 5763 (b) and (c) are each (b) ROLL-YOUR-OWN TOBACCO.—Section 5702 person who bore the ultimate burden of the amended by inserting ‘‘or importer’’ after tax imposed by paragraph (1) as the person (relating to definitions) is amended by add- ‘‘manufacturer’’. ing at the end the following new subsection: to whom a credit or refund under such provi- (2) The heading of subsection (b) of section sions may be allowed or made. 5763 is amended by inserting ‘‘QUALIFIED IM- ‘‘(p) ROLL-YOUR-OWN TOBACCO.—The term SEC. 203. MODIFICATIONS OF CERTAIN TOBACCO PORTERS,’’ after ‘‘MANUFACTURERS,’’. ‘roll-your-own tobacco’ means any tobacco TAX PROVISIONS. (3) The heading for subchapter B of chapter which, because of its appearance, type, pack- (a) EXEMPTION FOR EXPORTED TOBACCO 52 is amended by inserting ‘‘and Importers’’ aging, or labeling, is suitable for use and PRODUCTS AND CIGARETTE PAPERS AND TUBES after ‘‘Manufacturers’’. likely to be offered to, or purchased by, con- TO APPLY ONLY TO ARTICLES MARKED FOR (4) The item relating to subchapter B in sumers as tobacco for making cigarettes.’’ EXPORT.— the table of subchapters for chapter 52 is (1) Subsection (b) of section 5704 is amend- (c) TECHNICAL AMENDMENTS.— amended by inserting ‘‘and importers’’ after ed by adding at the end the following new (1) Subsection (c) of section 5702 is amend- ‘‘manufacturers’’. sentence: ‘‘Tobacco products and cigarette ed by striking ‘‘and pipe tobacco’’ and insert- (c) REPEAL OF TAX-EXEMPT SALES TO EM- papers and tubes may not be transferred or ing ‘‘pipe tobacco, and roll-your-own to- PLOYEES OF CIGARETTE MANUFACTURERS.— removed under this subsection unless such bacco’’. (1) Subsection (a) of section 5704 is amend- products or papers and tubes bear such (2) Subsection (d) of section 5702 is amend- ed— marks, labels, or notices as the Secretary ed— (A) by striking ‘‘EMPLOYEE USE OR’’ in the shall by regulations prescribe.’’ (A) in the material preceding paragraph heading, and (2) Section 5761 is amended by redesig- (1), by striking ‘‘or pipe tobacco’’ and insert- (B) by striking ‘‘for use or consumption by nating subsections (c) and (d) as subsections ing ‘‘pipe tobacco, or roll-your-own to- employees or’’ in the text. (d) and (e), respectively, and by inserting bacco’’, and (2) Subsection (e) of section 5723 is amend- after subsection (b) the following new sub- (B) by striking paragraph (1) and inserting ed by striking ‘‘for use or consumption by section: the following new paragraph: their employees, or for experimental pur- ‘‘(c) SALE OF TOBACCO PRODUCTS AND CIGA- ‘‘(1) a person who produces cigars, ciga- poses’’ and inserting ‘‘for experimental pur- RETTE PAPERS AND TUBES FOR EXPORT.—Ex- rettes, smokeless tobacco, pipe tobacco, or cept as provided in subsections (b) and (d) of poses’’. roll-your-own tobacco solely for the person’s section 5704— (d) REPEAL OF TAX-EXEMPT SALES TO own personal consumption or use, and’’. ‘‘(1) every person who sells, relands, or re- UNITED STATES.—Subsection (b) of section (3) The chapter heading for chapter 52 is ceives within the jurisdiction of the United 5704 is amended by striking ‘‘and manufac- amended to read as follows: States any tobacco products or cigarette pa- turers may similarly remove such articles pers or tubes which have been labeled or for use of the United States;’’. ‘‘CHAPTER 52—TOBACCO PRODUCTS AND shipped for exportation under this chapter, (e) BOOKS OF 25 OR FEWER CIGARETTE PA- CIGARETTE PAPERS AND TUBES’’. ‘‘(2) every person who sells or receives such PERS SUBJECT TO TAX.—Subsection (c) of sec- (4) The table of chapters for subtitle E is relanded tobacco products or cigarette pa- tion 5701 is amended by striking ‘‘On each amended by striking the item relating to pers or tubes, and book or set of cigarette papers containing chapter 52 and inserting the following new ‘‘(3) every person who aids or abets in such more than 25 papers,’’ and inserting ‘‘On cig- item: selling, relanding, or receiving, arette papers,’’. shall, in addition to the tax and any other (f) STORAGE OF TOBACCO PRODUCTS.—Sub- ‘‘CHAPTER 52. Tobacco products and cigarette penalty provided in this title, be liable for a section (k) of section 5702 is amended by in- papers and tubes.’’ penalty equal to the greater of $1,000 or 5 serting ‘‘under section 5704’’ after ‘‘internal times the amount of the tax imposed by this revenue bond’’. (d) EFFECTIVE DATE.— chapter. All tobacco products and cigarette (g) AUTHORITY TO PRESCRIBE MINIMUM (1) IN GENERAL.—The amendments made by papers and tubes relanded within the juris- MANUFACTURING ACTIVITY REQUIREMENTS.— this section shall apply to roll-your-own to- diction of the United States, and all vessels, Section 5712 is amended by striking ‘‘or’’ at bacco removed (as defined in section 5702(k) vehicles, and aircraft used in such relanding the end of paragraph (1), by redesignating of the Internal Revenue Code of 1986, as or in removing such products, papers, and paragraph (2) as paragraph (3), and by insert- amended by this Act) after December 31, tubes from the place where relanded, shall be ing after paragraph (1) the following new 1995. forfeited to the United States.’’ paragraph: (2) TRANSITIONAL RULE.—Any person who— (3) Subsection (a) of section 5761 is amend- ‘‘(2) the activity proposed to be carried out (A) on the date of the enactment of this ed by striking ‘‘subsection (b)’’ and inserting at such premises does not meet such min- Act is engaged in business as a manufacturer ‘‘subsection (b) or (c)’’. imum capacity or activity requirements as of roll-your-own tobacco or as an importer of (4) Subsection (d) of section 5761, as redes- the Secretary may prescribe, or’’. tobacco products or cigarette papers and ignated by paragraph (2), is amended by (h) SPECIAL RULES RELATING TO PUERTO tubes, and striking ‘‘The penalty imposed by subsection RICO AND THE VIRGIN ISLANDS.—Section 7652 (B) before January 1, 1996, submits an ap- (b)’’ and inserting ‘‘The penalties imposed by is amended by adding at the end the fol- plication under subchapter B of chapter 52 of subsections (b) and (c)’’. lowing new subsection: such Code to engage in such business, (5)(A) Subpart F of chapter 52 is amended ‘‘(h) LIMITATION ON COVER OVER OF TAX ON may, notwithstanding such subchapter B, by adding at the end the following new sec- TOBACCO PRODUCTS.—For purposes of this continue to engage in such business pending tion: section, with respect to taxes imposed under final action on such application. Pending ‘‘SEC. 5754. RESTRICTION ON IMPORTATION OF section 5701 or this section on any tobacco such final action, all provisions of such chap- PREVIOUSLY EXPORTED TOBACCO product or cigarette paper or tube, the ter 52 shall apply to such applicant in the PRODUCTS. amount covered into the treasuries of Puerto same manner and to the same extent as if ‘‘(a) IN GENERAL.—Tobacco products and Rico and the Virgin Islands shall not exceed such applicant were a holder of a permit cigarette papers and tubes previously ex- the rate of tax under section 5701 in effect on under such chapter 52 to engage in such busi- ported from the United States may be im- the article on the day before the date of the ness. ported or brought into the United States enactment of the Health Partnership Act of SEC. 205. DESIGNATION OF OVERPAYMENTS AND only as provided in section 5704(d). For pur- 1995.’’ CONTRIBUTIONS FOR THE NA- poses of this section, section 5704(d), section (i) EFFECTIVE DATE.—The amendments TIONAL FUND FOR HEALTH RE- 5761, and such other provisions as the Sec- made by this section shall apply to articles SEARCH. retary may specify by regulations, references removed (as defined in section 5702(k) of the to exportation shall be treated as including a Internal Revenue Code of 1986, as amended (a) IN GENERAL.—Subchapter A of chapter reference to shipment to the Commonwealth by this Act) after December 31, 1995. 61 (relating to returns and records) is amend- ed by adding at the end the following new of Puerto Rico. SEC. 204. IMPOSITION OF EXCISE TAX ON MANU- ‘‘(b) CROSS REFERENCE.— FACTURE OR IMPORTATION OF part: ROLL-YOUR-OWN TOBACCO. ‘‘For penalty for the sale of tobacco prod- ‘‘PART IX—DESIGNATION OF OVERPAY- ucts and cigarette papers and tubes in the (a) IN GENERAL.—Section 5701 (relating to MENTS AND CONTRIBUTIONS FOR THE United States which are labeled for export, rate of tax), as amended by section 701, is NATIONAL FUND FOR HEALTH RE- see section 5761(c).’’ amended by redesignating subsections (g) SEARCH (B) The table of sections for subpart F of and (h) as subsections (h) and (i) and by in- chapter 52 is amended by adding at the end serting after subsection (f) the following new ‘‘Sec. 6097. Amounts for the National Fund the following new item: subsection: for Health Research.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13733 ‘‘SEC. 6097. AMOUNTS FOR THE NATIONAL FUND monies would be directed to extramural con- productivity. For example, according to NIH FOR HEALTH RESEARCH. struction and renovation of research facili- statistics, an investment of $1.2 million in ‘‘(a) IN GENERAL.—Every individual (other ties, the National Library of Medicine, and the development of a mass screening device than a nonresident alien) may designate the Office of the Director. So that an appro- for neonatal hypothyroidism in newborns that— priate range of basic and applied research is has the potential 1-year saving of over $206 ‘‘(1) a portion (not less than $1) of any supported, each Institute and Center would million. An investment of slightly over overpayment of the tax imposed by chapter 1 receive the same percentage of the remain- $679,000 for a treatment for preventing the for the taxable year, and ing Fund monies as they received of the recurrence of kidney stones saves close to ‘‘(2) a cash contribution (not less than $1), total NIH appropriation for that fiscal year. $300 million in annual treatment costs and be paid over to the National Fund for Health In order to insure that the additional funds lost days work. Research. In the case of a joint return of a generated do not simply replace regularly Today, many families are anxiously look- husband and wife, each spouse may designate appropriated NIH funds, monies from the ing for a treatment and cure of Alzheimer’s one-half of any such overpayment of tax (not Fund would be released only if the total ap- disease. Federally supported funding for re- less than $2). propriated for the NIH in that year equal or search on Alzheimer’s disease totals $300 mil- ‘‘(b) MANNER AND TIME OF DESIGNATION.— exceed the prior year appropriations. lion annually on caring for people with Alz- Any designation under subsection (a) may be Additional monies for the Fund would be heimer’s. A cure or treatment for Alz- made with respect to any taxable year only generated by a voluntary federal income tax heimer’s, in addition to relieving suffering, at the time of filing the original return of check-off. Every year, when filing their Fed- would result in enormous savings. the tax imposed by chapter 1 for such tax- eral income tax returns, Americans would Won’t more research lead to the develop- able year. Such designation shall be made ei- have the opportunity to designate tax over- ment and over utilization of new tests and ther on the 1st page of the return or on the payments and contributions for health re- expensive equipment? There are legitimate concerns about the page bearing the taxpayer’s signature. search. Monies from the check-off would be over utilization and duplication of expensive ‘‘(c) OVERPAYMENTS TREATED AS RE- deposited in the Fund. FUNDED.—For purposes of this section, any Why is this proposal necessary? technologies. These concerns should be ad- overpayment of tax designated under sub- Health research has brought us the ad- dressed by an increased emphasis on out- section (a) shall be treated as being refunded vances in treatment and prevention of dis- comes and effectiveness research. We should to the taxpayer as of the last day prescribed ease and disability that define our current solve the problem of over utilization of serv- for filing the return of tax imposed by chap- high standards of medical practice. Perhaps ices but not at the expense of improving ter 1 (determined with regard to extensions) more than any other component of our quality and coming up with more effective or, if later, the date the return is filed. health care system, health research holds treatments and cures. Do the American people support increases ‘‘(d) DESIGNATED AMOUNTS NOT DEDUCT- the promise of both reducing medical costs in tobacco taxes to pay for increases in IBLE.—No amount designated pursuant to and improving the quality of life of Ameri- subsection (a) shall be allowed as a deduction health research? cans. Yet, because the federal budget agree- Polling data consistently show that more under section 170 or any other section for ment freezes discretionary spending for the any taxable year. than two-thirds of Republican and Demo- next four years, Federal funding for health cratic voters, including voters in tobacco- ‘‘(e) TERMINATION.—This section shall not research will likely not even keep up with apply to taxable years beginning in a cal- growing states, favor raising tobacco taxes if inflation unless a separate funding stream is revenues are dedicated to health-related ac- endar year after a determination by the Sec- established. retary that the sum of all designations under tivities. Will the Fund simply replace existing mon- Does the proposal include prevention re- subsection (a) for taxable years beginning in ies appropriated to NIH? search? the second and third calendar years pre- No. Monies generated by the Fund would Absolutely. Research is our first line of de- ceding the calendar year is less than be in addition to, not in replacement of those fense. It is the ultimate investment in pre- $5,000,000.’’ provided to each of the NIH Institutes in the vention. Research provides the building (b) CLERICAL AMENDMENT.—The table of normal appropriations process. Monies from blocks for prevention—research has produced parts for subchapter A of chapter 61 is the Fund could not be allotted unless total immunizations, critical information about amended by adding at the end the following NIH appropriations in that year were equal the importance of diet and exercise in pre- new item: to or greater than the prior year appropria- venting disease, and a screening test to pre- ‘‘Part IX. Designation of overpayments and tions. Therefore, the Fund could not be used vent the transmission of HIV through blood contributions for the National as a mechanism to replace or reduce regu- products. Research is the key to prevention. Fund for Health Research.’’ larly appropriated funds. How would money from the Fund be allo- CANCER UNDERSTANDING AND RESEARCH (c) EFFECTIVE DATE.—The amendments cated among research priorities? EFFORTS made by this section shall apply to taxable The proposal does not pick winners and (Statement of Zenia Kim) years beginning after December 31, 1995. losers among areas of health research. It The CURE program is designed to focus on does not interfere with the funding decisions two areas of cancer treatment: prevention NATIONAL FUND FOR HEALTH RESEARCH ACT— made through the normal appropriations and research. QUESTIONS AND ANSWERS process. Funds would be allocated to each of What does the proposal call for? the NIH Institutes and Centers based on the INTRODUCTION A National Fund For Health Research percentage that each of these entities re- I remember when I was attending Junior would be established to provide additional ceived of the total NIH appropriation for High and High School, I never really learned resources for health research over and above that year. Monies allotted to each NIH enti- about cancer or the risk factors involved. those provided to the National Institutes of ty would be spent according to a plan devel- When I was a senior in high school, a very Health (NIH) in the annual appropriations oped by the entities’ advisory council in con- close relative of mine became very ill and process. The Fund would greatly enhance the sultation with the NIH Director. Each Insti- was diagnosed with cancer. She started quality of health care by investing more re- tute would decide the appropriate distribu- chemotherapy treatment but things got sources in finding preventive measures, cures tion of Fund monies among various research worse. I promised myself at that moment and cost effective treatments for the major priorities within the Institute. that I was going to perform my own research illnesses and conditions that strike Ameri- In recognition of the poor state of many on cancer. What caused this disease and why cans. medical research facilities, 2 percent of the wasn’t my loved one getting better? I began Financing for the Fund comes from an in- total Fund would be taken off the top for ex- volunteering at our local hospital in the Pa- crease in federal tobacco taxes—25 cents per tramural construction and renovation of re- thology lab, where I observed doctors exam- pack of cigarettes and an equivalent tax on search building and facilities. In accordance ining various forms of cancers. I learned how other tobacco products. This tax would raise with traditional funding patterns, 1 percent to spot cancers of all sorts. As I continued an estimated $4.2 billion annually. In addi- of the total Fund would go to the National my education at Brigham Young University, tion to providing revenue for the Fund, rais- Library of Medicine. An additional 2 percent I continued with my cancer research. I ing tobacco taxes will protect children and would go to the NIH Director for intramural worked with a Chemistry professor by the save lives. Every day more than 3,000 chil- construction and renovation and other ac- name of Dr. James Thorne, and he assisted dren become smokers and more than 1,000 of tivities supported by the Office of the Direc- me in understanding the chemical aspect of them will eventually die as a result of smok- tor. cancer research. We worked on a treatment ing. Raising tobacco taxes is a highly effec- Isn’t research a major reason why the cost called Photodynamic Therapy. This form of tive way to reduce tobacco use by children. of health care is so high in this country? cancer treatment became very appealing be- A 25-cent tax will discourage an estimated Won’t an increase in research funding lead to cause it did not have as many negative side 1.3 million children and adults from smoking an increase in health care costs? effects that chemotherapy had. I became so and will save the lives of more than 300,000 Absolutely not. Funding for research can involved with the research that I wrote my Americans alive today. be an effective means of controlling health own paper on Photodynamic Therapy. I am Each year amounts within the Fund would costs in the long run. Investment in research still continuing my research with Dr. Thorne automatically be allotted to each of the NIH pays off in terms of lower medical expenses, for the third year, and hope that this is our Institutes and Centers. Five percent of the reduced worker absenteeism, and improved real breakthrough in curing cancer. While I

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was performing research on Photodynamic entist, I would like to know that there will FEDERATION OF AMERICAN Therapy, I really wanted to continue my vol- be enough funding available to pursue my re- SOCIETIES FOR EXPERIMENTAL BIOLOGY, unteer work in a hospital setting. I volun- search endeavors. I love research and I thrive Bethesda, MD, September 11, 1995. teered at Utah Valley Regional Medical Cen- off making new scientific discoveries. I just Hon. MARK HATFIELD, ter in the Oncology Department. Here, I got hope that I can continue my love for re- Chair, Senate Appropriations Committee, U.S. to experience the other side, the patient’s search when I work in my own laboratory Senate, Washington, DC. side. I remember talking with many cancer someday soon. DEAR MR. CHAIRMAN: The Federation of patients and listening to their distress, their American Societies for Experimental Biol- As Miss Tri-Valley, I have actually had the hopeless feelings. I became so determined ogy (FASEB) supports with enthusiasm your opportunity to speak to students in junior . . . that I was going to find a cure for can- efforts to provide supplemental resources for high and high schools throughout the Bea- cer. As my research continued at BYU, I dis- NIH and biomedical research. verton/Portland area. I always emphasize covered that research funds were very lim- The Federation concurs that the federal these two important points that I have es- ited. The national funding organizations can commitment to health research is grossly tablished in the CURE Program: Prevention hardly support any of the proposals coming underfunded. Less than 3 percent of the near- and Research—these are our two means of in. As a future medical research specialist, I ly one trillion dollars our Nation spends on became disheartened. Over the summer, I defeating cancer. health care is devoted to health research, worked at Oregon Health Sciences Univer- while the defense industry spends 15 percent sity Medical School performing medical can- AMERICAN LUNG ASSOCIATION, of its budget on research. Ample evidence ex- cer research, and there too discovered the September 14, 1995. ists to demonstrate that health research has limited funding available for research. This Hon. MARK HATFIELD, improved the quality of health care in the is why I became so inspired to develop my U.S. Senate, Hart Senate Office Building, United States, and is one of the best methods own program called the CURE. Washington, DC. of health care cost containment. Therefore, FASEB supports the proposal to CANCER UNDERSTANDING AND RESEARCH DEAR SENATOR HATFIELD: The American create an additional source of biomedical EFFORTS Lung Association strongly endorses the leg- funding, such as through the National Fund The CURE focuses on two areas of cancer islation you are introducing today, Research for Health Research Act. We are confident treatment. The first is prevention. I believe Trust Fund Act. Enactment of the Research that these additional funds would not be that if many students learned about the Trust Fund Act will be a win-win proposition used to offset regular appropriations. risks involved with cancer as a junior high for the health and well-being of the Amer- Sincerely, or high school student, there would be a sig- ican people. nificant decrease in the incidents of cancer. RALPH A. BRADSHAW, Ph.D., The Research Trust Fund Act will save I would like to see a unit integrated within President. the health curriculum that emphasizes the lives through prevention. Each year 419,000 risks of cancer. Furthermore, I would like to Americans die from causes directly related NATIONAL COMMITTEE TO PRESERVE invite guest speakers, perhaps one who has to tobacco use and thousands more die from SOCIAL SECURITY AND MEDICARE, fought and recovered from cancer or the diseases caused by exposure to environ- Washington, DC, September 14, 1995. loved ones of a cancer victim, to tell about mental tobacco smoke. These preventable Hon. MARK O. HATFIELD, their side of their story. I think that by per- deaths represents a huge human loss to our U.S. Senate, Hart Senate Office Building, sonalizing a real situation, students feel society. The proposed $0.25 increase in the Washington, DC. more sensitive and more in tune with the federal excise tax on tobacco products will DEAR SENATOR HATFIELD: On behalf of the problem. That is exactly what we need. We help reduce the number of people who smoke. nearly six million members and supporters of need students to feel realistic, sad, or even It is estimated that for every $0.25 increased the National Committee to Preserve Social scared so that they won’t associate with any in the federal tobacco tax, about one million Security and Medicare, I am writing in of the risks involved with cancer. The deci- people living today will be discouraged from strong support of your legislation to increase sions that students in their junior high and smoking and 200,000 to 300,000 premature medical research funding to the National In- high school years make can indefinitely af- deaths will be prevented. stitutes of Health (NIH). Increased research into the causes and po- fect the course of their lives. Furthermore, The Research Trust Fund Act will save tential cures of many diseases related to this is the time that they opt to engage in health care dollars. The cost of treating peo- aging could have a profound impact on the such acts as smoking, using tobacco, sun ple who suffer from tobacco related illnesses lives of older Americans and their families. tanning, etc. So, by integrating a cancer places a staggering financial burden on the Alzheimer’s disease, a degenerative brain unit within secondary education, the hope is American health care system. Although disorder, afflicts about 4 million people in that the future generations will choose to smokers tend to die younger, over the course the United States, and costs the nation an stay risk free and beat the battle against of their life, current and former smokers estimated $80 billion to $100 billion a year. cancer. generate an estimated $501 billion in excess Osteoporosis, which causes fragile bones and The second area of cancer treatment that health care costs. Treating tobacco related painfully crippling fractures, costs an esti- the CURE focuses on is research. Prevention illnesses cost the $21 billion per year, with mated $10 billion a year. When families can is great to eliminate cancer but for those al- an additional estimated cost of $47 billion in no longer meet the care needs of relatives ready afflicted with cancer, there must be lost productivity. Reducing the number of with these illnesses, disabled people often another alternative. I would like to person- people who use tobacco products by increas- end up in nursing homes, where bills totaled ally declare, to those of all ages, that re- ing the federal tobacco tax will help reduce $69.6 billion in 1993. search is the first and most important step the economic burden tobacco consumption The Hatfield/Harkin Research Fund legis- towards cancer cure. By understanding the places on the U.S. health care system. mechanism of how cancer cells undergo their lation to be introduced today is a significant uncontrolled rate of division, we can come The Research Trust Fund Act will save step forward to find cures or better treat- closer to finding the right reagents to stop lives through improved treatments and ments, save lives and dollars. We commend it. I know that cancer research has been cures. The estimated $4 billion to $5 billion you on your long-time commitment to med- going on for many years, and I believe that generated by the Research Trust Fund will ical research. we are coming so much closer to the cure. provided needed additional funding for bio- Sincerely, We really need to support the research fund- medical research sponsored by the National MARTHA A. MCSTEEN, ing. I have sadly discovered that less than 10 Institutes of Health. Through increased sup- President. percent of all the proposals that are sent to port of basic and clinical biomedical re- large funding organizations, such as the Na- search at the National Institutes of Health, ASSOCIATION OF tional Institute of Health, actually get fund- researchers will continue to broaden our un- AMERICAN MEDICAL COLLEGES, ed. This to me is a horrifying reality. But derstanding of life sciences and develop new Washington, DC, September 15, 1995. the question always seems to be, ‘‘Where are approaches to preventing, treating, and cur- Hon. MARK O. HATFIELD, we going to get the money?’’ I believe that ing disease. U.S. Senate, Hart Senate Office Building, we can first start with larger corporations. The American Lung Association and its Washington, DC. They have elicited a certain percentage of volunteers stand ready to work with you and Hon. TOM HARKIN, their profits into donations. I would like to Congress to enact this important legislation. U.S. Senate, Hart Senate Office Building, encourage those corporations to donate more I would also like to take this opportunity to Washington, DC. of their profits into research. Also, I support commend you for your leadership and fore- DEAR SENATORS HATFIELD AND HARKIN: The Senator Hatfield’s and Senator Harkin’s sight in introducing the Research Trust Association of American Medical Colleges Trust Fund Proposal in allocating more Fund Act. The Research Trust Fund will go (AAMC) strongly endorses your proposal to money towards research from a tobacco tax. a long way to improving the health of all create a National Fund for Health Research. By raising the tobacco tax by a small frac- Americans. The debate on this year’s budget makes it tion, we will not destroy the tobacco indus- Sincerely, clear that we must identify additional, sus- try and we will be able to fund more sci- JACQUELINE D. MCLEOD, MPH, M.Ed, tainable sources of funding to supplement entific discoveries. As a future medical sci- President. the regular appropriation for the National

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13735 Institutes of Health [NIH] if we are to con- There is no more appropriate way to fi- 94% of those surveyed believe that it is im- tinue to rely upon scientific discovery to im- nance this bill than through a tobacco tax portant that the United States maintains its prove the health and quality of life for all increase. By itself, this tax will discourage role as a world leader in medical research! Americans. In addition, sustained support about 1.3 million children and adults from 6. Americans heartily endorse having the for the NIH is needed if the United States is smoking and will ultimately save the lives of Federal Government support basic science to maintain its position as the world’s leader more than 300,000 Americans alive today. research. in biomedical and behavioral research. The Raising tobacco taxes is one of the most im- Those surveyed were asked if they agree or fund you propose is an innovative and nec- portant measures we can take to reduce the disagree with the following: ‘‘Even if it essary complement to NIH funding. current epidemic of tobacco use by teen- brings no immediate benefits, basic science The Federal Government plays a necessary agers. research which advances the frontiers of role in the support of this nation’s bio- More than two-thirds of Republican and knowledge is necessary and should be sup- medical and behavioral research efforts. The Democratic voters, including voters from to- ported by the Federal Government.’’ bacco-growing states, supports raising to- investment that the Federal Government has 69% of respondent agree; 79% of young peo- bacco taxes for health-related purposes such made in the NIH has produced a comprehen- ple ages 18–24 agree with the need to support as this. sive network of scientists, physicians, and basic research. technicians at more than 1,700 institutions You have our full support. We look forward 7. Medical research takes second place only across the United States dedicated to the to working with you and your staff. to national, defense for tax dollar value. continued pursuit of fundamental knowledge Sincerely, While 45% gave federal defense spending and the application of this information to KERRIE B. WILSON, the highest rating for tax dollar value, sec- the prevention, diagnosis, and treatment of National Vice Presi- ond place went to medical research with 37% disease. NIH-supported scientists have made dent for Government of the respondents giving it a favorable tax enormous contributions to the nation’s Relations, American dollar value. health. In addition, NIH-sponsored research Cancer Society. has made significant economic contribu- Public education and federal anti-crime ef- tions, both locally and nationally. The role MEDICAL RESEARCH AND HEALTH CARE CON- forts ranked the lowest. that the U.S. biotechnology industry plays CERNS: A SURVEY OF THE AMERICAN PUBLIC 8. Americans want more information about globally is just one example of the economic (Conducted by Louis Harris & Associates, medical research in the print and broadcast benefits to be derived from NIH research. June 1995) media. Moreover, your proposal addresses a major A nationwide Harris telephone poll was 61% of the Americans surveyed would like cause of disease and death in this country: conducted of 1004 adults in the United States to see more medical research information in tobacco. As health professionals, we must do from June 8–11, 1995. Figures for age, sex, newspaper, magazines and on television. everything in our power to reduce the use of race, education, and region were weighted 77% of young people 18–24 want more med- tobacco in this country, particularly among where necessary to bring them into line with ical research information from these children and teenagers. Your bill is an im- their actual proportions in the population. sources. portant part of that strategy. We will work The margin of error for the survey is ap- For further information on the survey or with you to urge all health-related organiza- proximately 3.1 percent. other Research! America activities, contact tions and institutions to support this pro- Research! America, a national not-for-prof- Tracy Turner at (703) 739–2577; Fax (703) 739– posal and to encourage other Senators to co- it organization dedicated to raising public 2372. sponsor it. awareness of and support for medical re- Finally, on behalf of the Association’s search, commissioned Louis Harris & Associ- ORGANIZATIONS ENDORSING THE HATFIELD- members, I wish to thank you for your lead- ates to ask questions about medical research HARKIN RESEARCH FUND PROPOSAL AS OF ership and unfailing commitment to a as a part of a larger survey focusing on a SEPTEMBER 14, 1995 strong, vital medical research effort in this broad range of current issues. Academy of Radiology Research. country. We appreciate the continued sup- HIGHLIGHTS Alliance for Aging Research. port and trust that you have placed in the 1. Americans oppose cuts in medical re- Alliance for Eye and Vision Research. NIH, and by implication in our institutions search dollars. Alzheimer’s Association. and faculty. We look forward to continuing Respondents were told that one impact of American Academy of Allergy, Asthma & to work with you to sustain this national proposed changes in the Federal budget Immunology. treasure that is so critically important to would be less money going to universities the nation’s health. and their hospitals which teach medical stu- American Academy of Child and Adoles- Very sincerely yours, dents and do medical research. When asked cent Psychiatry. JORDAN J. COHEN, M.D. whether they favored or opposed these American Academy of Dermatology. President. changes in the Federal budget, 65% opposed American Academy of Medical Acupunc- proposed cuts in Federal support for univer- ture. AMERICAN CANCER SOCIETY, sities and hospitals. American Academy of Neurology. NATIONAL PUBLIC ISSUES OFFICE, The younger those surveyed, the higher American Academy of Ophthalmology. Washington, DC, September 15, 1995. their response: Among 18–24 year-olds, the American Academy of Orthopaedic Sur- Hon. MARK HATFIELD, opposition to the proposed cuts rises to 75%; geons. U.S. Senate, among 15–29 year-olds, the opposition to the American Academy of Otolaryngology— Washington, DC. proposed cuts is 72%. Head and Neck Surgery. DEAR SENATOR HATFIELD: On behalf of 2. Americans would pay higher taxes to American Academy of Pediatrics. more than two million American Cancer So- support medical research. American Association for Cancer Edu- ciety volunteers, I am writing to commend 73% would be willing to pay a dollar more cation. perweek in taxes if they knew the money you and Senator Harkin for your leadership American Association for Cancer Research. would be spent on medical research to better in introducing the National Fund for Health American Association for Dental Research. diagnose, prevent and treat disease. Research Act. Your proposal combines two American Association of Anatomists. critical initiatives: increasing biomedical re- Results from a November, 1993 Harris Poll American Association of Blood Banks. search funding and protecting children from were very similar—74% were willing to pay a American Association of Colleges of Nurs- tobacco addiction by raising tobacco taxes. dollar more per week in taxes if spent on ing. The American Cancer Society strongly sup- medical research. American Association of Colleges of Phar- ports this bill. 3. Americans urge Congress to provide tax Increasing funding for biomedical research incentives for private industry to conduct macy. is a top priority for all health organizations medical research. American Association of Critical-Care 61% of those surveyed want their Senators that understand the role such research plays Nurses. and Representatives to support legislation in treating diseases, reducing suffering, im- American Association of Dental Schools. that would give tax credits to private indus- proving the efficiency of our health care sys- American Association of Immunologists. tries to conduct more medical research. American Association of Pharmaceutical tem and improving the health status of the 4. Americans are willing to designate tax Scientists. entire nation. The American Cancer Society refund dollars for medical research. is particularly concerned about the rise in 45% would probably, and 15% would defi- American Cancer Society. cancer rates. Cancer will become the leading nitely check off a box on their federal in- American College of Cardiology. cause of death in the United States by the come tax return to designate tax refund American College of Chest Physicians. year 2000. Biomedical research performed by money specifically for medical research. American College of Clinical Pharma- the National Institutes of Health is of vital When asked how much money they would cology. importance in the fight against cancer. The be willing to designate to medical research, American College of Medical Genetics. United States currently devotes less than 3 the median amount reported was $23. American College of Preventive Medicine. percent of health care spending to research. 5. Americans overwhelmingly value main- American College of Rheumatology. This amount is unacceptably low as a matter taining the United States’ position as a lead- American Diabetes Association. of health and economics. er in medical research. American Federation for Clinical Re- search. American Gastroenterological Association. American Geriatrics Society. VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13736 CONGRESSIONAL RECORD — SENATE September 18, 1995 American Heart Association. Coalition for American Trauma Care. National Osteoporosis Foundation. American Institute of Nutrition. Coalition of Patient Advocates for Skin National Perinatal Association. American Lung Association. Disease Research. National Psoriasis Foundation. American Nurses Association. College on Problems of Drug Dependence. National Tuberous Sclerosis Association. American Orthopaedic Association. Columbia University. National Vitiligo Foundation, Inc. American Pediatric Society. Columbia University, Health Sciences. National Vulvodynia Association. American Physiological Society. Consortium for Skin Research. New England Society of Physical Medicine American Podiatric Medical Association. Peter C. & Pat Cook Health Sciences Re- and Rehabilitation. American Porphyria Foundation. search & Education Institute at Butterworth New York University Medical Center. American Psychiatric Association. Hospital. Northwestern Memorial Hospital. American Psychological Society. Cooley’s Anemia Foundation. Oncology Nursing Society. American Skin Association, Inc. Cooper Hospital/University Medical Cen- Orton Dyslexia Society, Inc. American Sleep Disorders Association. ter. Paralyzed Veterans of America. American Society for Bone and Mineral Corporation for the Advancement of Psy- Penn State Hershey Medical Center. Research. chiatry. Population Association of America. American Society for Cell Biology. Council of Community Blood Centers. Radiation Research Society. American Society for Clinical Nutrition. Cystic Fibrosis Foundation. The Family of Christopher Reeve. American Society for Dermatologic Sur- Drew/Meharry/Morehouse Consortium Can- Research! America. gery. cer Center. St. Jude Children’s Research Hospital. American Society for Investigative Pathol- Digestive Disease National Coalition. Scleroderma Federation, Inc. ogy. Dystonia Medical Research Foundation. Scleroderma Research Foundation. American Society for Microbiology. Dystrophic Epidermolysis Bullosa Re- Society for the Advancement of Women’s American Society for Pharmacology and search Association of America. Health Research. Experimental Therapeutics. Ehlers Danlos National Foundation. Society for Investigative Dermatology. American Society for Reproductive Medi- The Endocine Society. Society for Neuroscience. cine. Environmental Science Associates, Inc. Society for Pediatric Research. American Society for Therapeutic Radi- Epilepsy Foundation of America. Society of Critical Care Medicine. ology and Oncology. Families Against Cancer. Society of Medical College Directors of American Society for Virology. Federation of American Societies for Ex- Continuing Medical Education. American Society of Addiction Medicine. perimental Biology. Society of Toxicology. American Society of Animal Sciences. Federation of Behavioral, Psychological & Society of University Otolaryngologists— American Society of Clinical Oncology. Cognitive Sciences. Head and Neck Surgeons. American Society of Hematology. Foundation for Ichthyosis & Related Skin Society of University Urologists. American Society of Nephrology. Types. Stanford University School of Medicine. American Society of Pediatric Hema- Fox Chase Cancer Center. Sturge Weber Foundation. tology/Oncology. General Clinical Research Center Pro- Sudden Infant Death Syndrome Alliance. American Society of Tropical Medicine & grams Directors’ Association. Sylvester Comprehensive Cancer Center. Hygiene. Genome Action Coalition. Teratology Society. American Speech-Language-Hearing Asso- Fred Hutchinson Cancer Research Center. Tourette Syndrome Association, Inc. ciation. Arthur G. James Cancer Hospital & Re- Tufts University Dept. of Physical Medi- American Thoracic Society. search Institute. cine and Rehabilitation. American Urological Association. Johns Hopkins University. United Scleroderma Foundation Inc. Amputee Coalition of America. Johns Hopkins University, School of Medi- University of Cincinnati Barrett Cancer Arizona Disease Prevention Center at the cine. Center. University of Arizona. Joint Council on Allergy, Asthma and Im- University of Miami School of Medicine, Arthritis Foundation. munology. Division of Genetics. Association for Behavioral Sciences & Joint Steering Committee for Public Pol- University of Minnesota, Duluth, School of Medical Education. icy. Medicine. Association for Professionals in Infection Louisiana State University Medical Cen- University of Nevada, School of Medicine. Control & Epidemiology, Inc. ter. University of Rochester Cancer Center. Association for Research in Vision and Lupus Foundation of America, Inc. University of Virginia, School of Medicine. Ophthalmology. Lucille P. Markey Cancer Center. University of Washington, School of Medi- Association of Academic Health Centers. Medical College of Pennsylvania & Hahne- cine. Association of American Cancer Institutes. mann University. Wake Forest University, Bowman Gray School of Medicine. Association of American Medical Colleges. Medical Center of Wisconsin Cancer Cen- Association of American Veterinary Med- ter. Wisconsin Comprehensive Cancer Center. ical Colleges. Medical Library Association. Yale University, School of Medicine. Association of Medical Graduate Depart- Myasthenia Gravis Foundation of America, Mr. HARKIN. Mr. President, I rise ments of Biochemistry. Inc. today with Senator HATFIELD to intro- Association of Medical School Microbi- National Alopecia Areata Foundation. duce the Fund for Health Research Act. ology and Immunology Chairs. National Association for Biomedical Re- This legislation is similar to legisla- Association of Medical School Pediatric search. tion that the two of us introduced dur- Department Chairman. National Association for the Advancement ing the last Congress which gained Association of Minority Health Profession of Orthotics and Prosthetics. broad bipartisan support in both the Schools. National Association of Children’s Hos- Association of Pediatric Oncology Nurses. pitals. House and Senate. Association of Population Centers. National Association of Pediatric Nurse Our proposal would establish a na- Association of Professors of Dermatology. Associates and Practitioners. tional fund for health research to pro- Association of Professors of Medicine. National Association of State Universities vide additional resources for health re- Association of Subspecialty Professors. and Land Grant Colleges. search over and above those provided Association of Teachers of Preventive Med- National Breast Cancer Coalition. to the National Institutes of Health icine. National Caucus of Basic Biomedical [NIH] in the annual appropriations Association of University Environmental Science Chairs. process. The fund would greatly en- Health Sciences Centers. National Coalition for Cancer Research. hance the quality of health care by in- Association of University professors of National Committee to Preserve Social Se- vesting more in finding preventive Ophthalmology. curity and Medicare. measures, cures and more cost effec- Association of University Programs in Oc- National Diabetes Research Coalition. tive treatments for the major illnesses cupational Health and Safety. National Easter Seal Society. and conditions that strike Americans. Autism Society of America. National Eczema Association. Cancer Research Foundation of America. National Foundation for Ectodermal The fund would be financed by a 25- Citizens for Public Action on Blood Pres- Dysplasias. cent tax on each pack of cigarettes and sure and Cholesterol, Inc. National Health Council. an equivalent tax on other tobacco National Marfan Foundation. products such as snuff and chewing to- National Multiple Sclerosis Society. bacco. This tax would raise an esti- National Organization for Rare Disorders. mated $4.2 billion annually. VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13737 Mr. President, in addition to pro- funding. This is compared to rates of 30 by the Senate earlier this week during viding revenue for health research, percent or more just a decade ago. consideration of S. 4, the Work Oppor- raising tobacco taxes will protect chil- Science and cutting edge medical re- tunity Act of 1995. On Wednesday, Sep- dren and save lives. Every day more search is being put on hold. We may be tember 13, the Senate unanimously than 3,000 children become smokers giving up possible cures for diabetes, adopted an amendment calling on Con- and more than 1,000 of them will even- Alzheimer’s, Parkinson’s, and count- gress to enact enterprise zone legisla- tually die as a result of smoking. Rais- less other diseases. tion that includes stronger incentives ing tobacco taxes is a highly effective Our lack of investment in research for investment, job creation, and eco- way to reduce tobacco use by children. may also be discouraging our young nomic growth. A 25-cent tax will discourage an esti- people from pursuing careers in med- At a time when Congress is debating mated 1.3 million children and adults ical research. The number of people the merits of the Federal welfare sys- from smoking and will save the lives of under the age of 36 even apply for NIH tem and looking at reforms to our so- more than 300,000 Americans alive grants dropped by 54 percent between cial safety net, it is imperative that we today. 1985 and 1993. This is due to a host of look for ways to stimulate new oppor- Additional moneys for the fund factors but I’m afraid that the lower tunities for work and growth in our would be generated by a voluntary Fed- success rates among all applicants is most distressed neighborhoods. eral income tax check-off. Every year, making biomedical research less and For that reason, today my colleagues when filing their Federal income tax less attractive to young people. If the and I are introducing legislation to su- returns, Americans would be given the perception is that funding for research percharge existing enterprise commu- opportunity to designate tax overpay- is impossible to obtain, young people nities and empowerment zones. These ments and contributions for health re- that may have chosen medical research enhanced enterprise zones would en- search. Moneys from the check-off 10 years ago will choose other career courage entrepreneurial and residen- would be deposited in the fund. paths. tial activity by: Each year under our proposal Mr. President, I am pleased that over Establishing a capital gains rate of amounts within the national fund for 130 groups representing patients, hos- zero for the sale of any qualified in- health research would automatically pitals, medical schools, researchers, vestments that are held for at least 5 be allocated to each of the NIH insti- and millions of Americans have al- years; Permitting limited income deduc- tutes and centers. Each institute and ready endorsed our proposal. And, poll- tions for the purchase of qualified center would receive the same percent- ing data consistently show that more stock in businesses located in an enter- age as they received of the total NIH than two-thirds of Republican and prise zone; appropriation for that fiscal year. Democratic voters, including votes in Doubling the amount small business Last year Senator HATFIELD and I ar- tobacco-growing States, favor raising owners in these zones are allowed to gued that any health care reform plan tobacco taxes if funds will be devoted expense; should include additional funding for to health related programs. Providing a limited tax credit for health research. Health care reform Mr. President, health research is an low-income renovations; has been taken off the front burner but investment in our future—it is an in- Loosening regulatory barriers to the need to increase our Nation’s com- vestment in our children and grand- home ownership and job creation; mitment to health research has not di- children. It holds the promise of cure Providing incentives and grants for minished. or treatment for millions of Ameri- resident management and home owner- While health care spending devours cans. ship of public housing; and nearly $1 trillion annually our medical Creating a pilot school choice pro- research budget is dying of starvation. By Mr. ABRAHAM (for himself, gram for the existing empowerment The United States devotes less than 2 Mr. LIEBERMAN, Mr. SANTORUM, zones, supplemental empowerment percent of its total health care budget Ms. MOSELEY-BRAUN, and Mr. zones, and Washington, DC. to health research. The Defense De- DEWINE): Mr. President, for economically trou- partment spends 15 percent of its budg- S. 1252. A bill to amend the Internal bled areas, attracting entrepreneurial et on research. Does this make sense? Revenue Code of 1986 to provide addi- businesses is the key to beginning the The cold war is over but the war tional tax incentives to stimulate eco- process of revitalization. The tax bene- against disease and disability con- nomic growth in depressed areas, and fits of enhanced enterprise zones are tinues. for other purposes; to the Committee targeted at addressing the principal Increased investment in health re- on Finance. hurdles facing small businesses when search is key to reducing health costs THE ENHANCED ENTERPRISE ZONE ACT OF 1995 they are just getting started—raising in the long run. If we can find the cure ∑ Mr. ABRAHAM. Mr. President, capital and maintaining cash flow. for a disease like Alzheimer’s the sav- today, I am joined by Senators First, we eliminate taxation on cap- ings would be enormous. Today, feder- LIEBERMAN, SANTORUM, DEWINE, and ital gains. The United States has some ally supported funding for research on MOSELEY-BRAUN in introducing the En- of the highest capital gains taxes in Alzheimer’s disease totals $300 million hanced Enterprise Zone Act of 1995, the world. For distressed communities yet it is estimated that nearly $100 bil- legislation to stimulate job creation seeking capital investments, these lion is expended annually on caring for and residential growth in America’s taxes inhibit investment and lockout people with Alzheimer’s. most distressed rural and urban com- sources of growth. Our bill establishes Gene therapy and treatments for cys- munities. a capital gains rate of zero for the sale tic fibrosis and Parkinson’s could In 1980, then-Representative Jack of any qualified zone stock, business eliminate years of chronic care costs, Kemp introduced the first enterprise property, or partnership interest that while saving lives and improving pa- zone legislation in the United States, has been held for at least 5 years. tients’ quality of life. the Urban Jobs and Enterprise Zone Second, we encourage investment in Mr. President, Senator HATFIELD and Act. Twelve years later, the Omnibus enterprise zones through the creation I do everything we can to increase Budget Reconciliation Act of 1993 au- of enterprise zone stock. Ask small funding for NIH through the appropria- thorized over 100 enterprise and em- business entrepreneurs what their big- tions process. But, given the current powerment zones to receive a limited gest hurdle is, and chances are they budget situation and freeze in discre- combination of tax benefits and other will reply—raising capital. This legis- tionary spending what we can do is Federal assistance to support economic lation allows individuals to deduct the limited. Without action, our invest- revitalization and community develop- purchase of qualified enterprise zone ment in medical research through the ment. stock from their income—up to $100,000 NIH is likely to continue to decline in For truly distressed communities, in one year and $500,000 in their life- real terms. however, there is concern that this time. The NIH is not able to fund even 25 package of benefits will not be suffi- Third, we provide small enterprise percent of competing research projects cient to spur economic growth and job zone businesses with extra expensing. or grant applications deemed worthy of creation. This concern was reaffirmed Another obstacle particularly difficult

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13738 CONGRESSIONAL RECORD — SENATE September 18, 1995 for small businesses to overcome is for the urban and rural poor by recog- crack sentences and sentences for maintaining an adequate cash flow. nizing that private enterprise, not gov- money laundering and transactions in Our legislation would double the max- ernment, is the source of economic and property derived from unlawful activ- imum allowable expensing for pur- social development. Taken as a whole, ity; read the first time. chases of plant and equipment in the the incentives included in this legisla- DRUGS LEGISLATION enterprise zones. tion for investment, entrepreneurship, Fourth, we encourage the renovation home ownership, and skill development ∑ Mr. ABRAHAM. Mr. President, I am of deteriorated buildings located in the will being economies in distressed today introducing two bills, both of enterprise zones. This proposal is based areas back to life. They will encourage which address one of the most serious upon legislation introduced by Senator full participation in our market econ- problems facing this country today: KAY BAILEY HUTCHISON and it is de- omy and public interest in local neigh- the epidemic of drugs in our Nation. signed to encourage private investment borhoods—resulting in economic The purpose of each bill is simple. in economically distressed areas by growth and new jobs.∑ The first bill would prevent reductions providing a targeted, limited tax credit ∑ Mr. LIEBERMAN. Mr. President, I’m in crack cocaine penalties proposed by to businesses to help defray their cost delighted to join in the introduction of the U.S. Sentencing Commission from of construction, expansion, and renova- this important legislation, the En- taking effect. The second would raise tion of buildings located within en- hanced Enterprise Zone Act of 1995. the penalties for distributors of powder hanced enterprise zones. Last week, this body unanimously cocaine by applying existing manda- Another obstacle to growth and jobs approved an amendment calling on tory minimums to a larger group of co- in distressed communities is the bur- Congress to enact legislation to super- caine dealers. den of regulation on small businesses. charge the enterprise communities and No problem has parents more worried Our bill would create a process by empowerment zones we created in 1993. than the drugs and violence so preva- which local governments could request While the 1993 legislation creating lent today in schools throughout the a waiver or modification of regulations these entities was not perfect and the Nation. All of us spend a lot of time that hinder the job creation, commu- legislation did not go far enough, par- fretting about how to protect our kids nity development, or economic revital- ticularly for the enterprise commu- and keep them from getting caught up ization objectives of the enterprise nities, it represented a fundamental in drugs and gangs and the terrible zone. The relevant Federal agencies change in urban policy. I believe that dangers they create. would have the discretion to approve or legislation was a clear recognition of Nevertheless, on April 11, by a 4 to 3 disapprove of any regulatory waiver or the fact that government does not have vote, the Sentencing Commission pro- modification. Furthermore, they would all the answers to the ills of poverty in posed amendments to the sentencing be prohibited from granting regulatory this country and that American busi- guidelines dealing with crack distribu- waivers that would violate the Fair ness can and must play a role in revi- tion and possession. Labor Standards Act or present a sig- talizing poor neighborhoods. nificant risk to public health, safety, The 1993 legislation was a good start According to the Department of Jus- or the environment. but it did not go far enough. The bill tice, the effect of these amendments To help low-income families become we are introducing today takes us fur- would be to lower base sentences dra- homeowners with a stake in their com- ther down the road of attacking the matically for criminals who deal in munities, our legislation would estab- problems that plague our cities and crack cocaine. New sentences for these lish an Enterprise Zone Home Owner- economically distressed rural areas. criminals would be between one-half ship Program. Based upon Jack Kemp’s I should note that I do have concerns and one-sixth their present length. proposals when he was the Secretary of with some of the provisions of the reg- Some drug dealers now subject to sub- Housing and Urban Development, this ulatory flexibility title of this bill. For stantial prison sentences could end up proposal would provide grants for: example, I think we must work on serving no jailtime at all. First, resident management of public making changes to provide greater as- In my judgment, this sends entirely housing; and second, home ownership surance that any modifications or the wrong message: that in the war of public housing, vacant and fore- waivers of rules would not in any way against crack, society has blinked. closed properties, and financially dis- compromise the benefits that are That is not what we should be telling tressed properties. achieved through existing environ- the crack dealers. Finally, within the nine empower- mental protection and public health ment zones, two supplemental em- laws and regulations. I hope that these That is not what we should be telling powerment zones, and Washington, DC, provisions can be worked on as this bill concerned parents across this Nation. our bill would create a pilot school progresses through the legislative proc- And that is not what we should be choice project to provide low-income ess. telling the brave law-abiding members parents and their children with finan- Given that reservation, I believe this of our communities who are fighting cial assistance to enable them to select is an important bill that will do much back against the crack dealers. the public or private school of their to provide an economic boost to the Accordingly, the first bill I am intro- choice. Under this plan, a designated areas of this country that most des- ducing simply says: This shall not hap- grantee within each empowerment zone perately need that help. pen. It blocks these guideline changes, will provide parents with educational I urge my colleagues to join me in changes that otherwise would auto- certificates to be used towards the cost supporting this legislation.∑ matically become effective on Novem- of tuition and transportation for ele- ber 1. mentary or secondary schools within By Mr. ABRAHAM (for himself, The principal reason the Sentencing the empowerment zones. Mr. KYL, Mrs. FEINSTEIN, and Commission gave for lowering sen- In conclusion, Mr. President, will en- Mr. SHELBY): hanced enterprise zones work? The an- S. 1253. A bill to amend the Con- tences for crack dealing was fairness. swer, quite simply, is yes. We know trolled Substances Act with respect to The Commission was concerned that a they will work because 35 States and penalties for crimes involving cocaine, powder cocaine dealer has to distribute the District of Columbia already have and for other purposes; to the Com- 100 times more powder cocaine than a enterprise zones that have produced mittee on the Judiciary. crack dealer to receive the same sen- over 663,000 jobs and $40 billion in cap- tence as the crack dealer. ital investment. The enterprise zone By Mr. ABRAHAM (for himself, The Commission believes that this concept has been endorsed by the Na- Mr. HATCH, Mr. THURMOND, Mr. disparity creates a perception of un- tional Governor’s Association, the Con- GRASSLEY, Mr. KYL, Mrs. FEIN- fairness because a substantial majority ference of Black Mayors, the Council of STEIN, Mr. SHELBY, and Mr. of convicted crack dealers are African- Black State Legislators, and the U.S. COVERDELL): Americans, whereas a majority of con- Conference of Mayors. S. 1254. A bill to disapprove of amend- victed powder dealers are not. It fur- This bill represents an affirmative ef- ments to the Federal Sentencing ther believes that the solution to this fort to create economic opportunities Guidelines relating to lowering of

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13739 perception is to drastically lower crack in drug sentencing. To the contrary, in uting their product in powder rather sentences. other instances as well we treat source than in crack form. Because of where I believe the Commission is wrong on and derivative drugs differently in the powder triggers are set, some of two scores. First, the Commission terms of the quantities an individual these individuals have received consid- itself has given several strong reasons must distribute to trigger the same erably less than the mandatory 5 year why it is entirely legitimate for our sentence. penalty even while the retail distribu- laws to punish crack distribution more For example, a distributor of a given tors, who are distributing the final severely than distribution of powder amount of heroin—a derivative of product, are receiving at least 5 year cocaine, and there are some reasons opium just as crack is a derivative of sentences. even beyond those the Commission powder cocaine—gets the same sen- As I said before, though, in my view, gave. tence as somebody who has distributed however, the answer to these problems Second, there is some basis for be- 20 times that amount of opium. Simi- is not to lower the crack sentences. In- lieving that the differential in the sen- larly, a distributor of smokeable meth- stead we should toughen the powder tences may be too great. But the an- amphetamine, or ice, gets the same sentences. swer is not to lower the crack sen- sentence as somebody who has distrib- That is why the second bill I am in- tences. The answer is to toughen the uted ten times that amount of regular troducing proposes to raise sentences powder sentences. That is what I am methamphetamine. for powder distribution by making the proposing in the second bill I am intro- Third, the Commission’s proposed triggers for mandatory minimums 100 ducing today. changes are incompatible with the grams for 5 years and 1,000 grams for 10 As to the first point: The Commis- statutory mandatory minimum sen- years, rather than 500 and 5,000 as they sion itself, in a report issued just this tences that Congress has established are now. That would also mean that February, recognized that there is a for distribution of crack cocaine. the quantity ratio for powder and strong foundation for Congress’ origi- Congress set the trigger amounts crack would be 20 to 1, the same as the nal decision to punish distributors of based on its view of the seriousness of one between opium and its very dan- crack more severely than distributors the crack epidemic and the key role gerous and addictive derivative heroin. of powder cocaine. played by retail distributors. Congress I am pleased that I have been joined That is a judgment every U.S. Court deliberately decided that Federal en- in the effort to block the crack guide- of Appeals that has considered the forcement should focus on both traf- line changes by a number of distin- question has shared. As the Commis- fickers in high places in the processing guished colleagues, including my good sion explained, crack is more addictive, or distribution chain and the managers friend the chairman of the Judiciary of retail level traffic. Congress thought provides a more intense high, is easier Committee Senator HATCH, the former both were serious traffickers because to use, does greater harm, and is asso- chairman of that committee, Senator they keep the street markets going. ciated with greater violence than sim- THURMOND, and Senators GRASSLEY, The Commission recognized when it ple powder. forwarded its amendments to the Con- Kyl, FEINSTEIN, and SHELBY. Though powder cocaine and crack The Department of Justice likewise gress that they are inconsistent with contain the same active ingredient, the opposes the Sentencing Commission’s present law. Rather than adjusting its cocaine alkaloid, crack is far more at- proposals and has asked Congress to guidelines to conform with congres- tractive and addictive. This is pri- sional directives, however, as has al- block them. marily because crack is easily smoked It is my firm expectation that the ways previously been its practice, the while powder is injected or snorted. Congress will act promptly on this Commission has instead elected to Smoking is one of the quickest meth- measure to prevent these changes from change the guidelines and ask Congress ods of maximizing the drugs effects. that it adjust the laws to accommodate taking effect on November 1. The quicker the cocaine reaches the I also will ask the Congress to take the Commission’s views. brain, the greater the effect, the short- Finally, and most importantly, the up in short order my proposal to tough- er the effects duration and the greater Commission’s solution to this unfair- en the sentences for powder dealers. I the likelihood cocaine use will lead to ness is in fact quite unfair to the law look forward to working with my col- dependence and abuse. abiding citizens everywhere trying to leagues in promoting tough, fair sen- Furthermore, somebody who has fight back against crack dealers. And tences for all drug dealers. never used drugs before is much more many of these antidrug activists them- Mr. President, I ask unanimous con- likely to try a drug by smoking it than selves are African-Americans. sent that additional material be print- by injecting it. It is unpleasant and re- The Commission’s proposals are not ed in the RECORD. quires some expertise to inject oneself fair to the children in schools wracked There being no objection, the mate- with a foreign substance. Smoking by drug-induced violence. They are not rial was ordered to be printed in the seems casual and easy. Therefore it is fair to those children’s parents, who RECORD, as follows: no surprise that three times more peo- want the Government to use every tool ple smoke cocaine than inject it. it can to protect their kids. And they DETROIT BRANCH—NATIONAL ASSOCIATION FOR Crack is also associated with sys- are not fair to the vast majority of peo- THE ADVANCEMENT OF COLORED PEOPLE, temic violence to a greater degree than ple living in communities, like Detroit, Detroit, MI, August 8, 1995. powder cocaine. Use and distribution of trying as hard as they can to defend DETROIT BRANCH—NAACP OFFICIAL crack are also associated more gen- their neighborhoods against unceasing STATEMENT erally with enhanced criminal activity attacks by crack dealers. The last DETROIT, MI.—The current issue of the sen- of all types. thing most of these people want is for tencing policy regarding ‘‘crack’’ and pow- Crack is also more dangerous in the Federal Government to relax its ef- dered cocaine is one that grips at the very other ways. It produces more medical forts in combatting the scourge of heart and soul of our society. The jails are filled with young people, particularly young emergencies than snorting powder or crack. injecting cocaine. And it is sold in African American and Hispanic males and fe- That is not to say that I have no males, for the selling of these drugs. small quantities at affordable, even sympathy with the Sentencing Com- The Detroit Branch of the NAACP, which cheap, prices—making it easier for mission’s concern that the higher is the largest branch in the nation with over small kids to get and use. crack sentences create a perception of 51,000 members, has articulated a very spe- In short, crack is a very dangerous unfairness. I am particularly troubled cific concern in the gross inequities in the drug. The response it calls for is surely because present law has resulted, at sentencing policies for the sale of ‘‘crack’’ not to lower penalties for the people least occasionally, in insufficiently se- cocaine as compared to the sale of powdered who distribute it to one-half to one- vere punishment of kingpins at the top cocaine. Drugs are in fact destroying the sixth their present length. very spirit of our communities and are of crack distribution chains when com- usurping the energy and vitality of our The second reason the Sentencing pared with punishments meted out to youth. It has been our very specific hope Commission’s reasoning is unsound is retail dealers. that legislation would be implemented to that differential treatment of crack The problem is that some of these equalize the penalties for identical quan- and powder cocaine is far from unique kingpins take the precaution of distrib- tities of powdered cocaine and ‘‘crack.’’

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13740 CONGRESSIONAL RECORD — SENATE September 18, 1995 Please note for the record that we do not ened. Medicare would also have the op- renews Medicare’s administrative con- condone, support, encourage or sympathize portunity to take advantage of private tracts every year. More important, the with any of those who would sell this death sector initiatives to improve customer decision on the awarding administra- and destruction to our community. We be- service, lower administrative costs, tive contracts for part A would be lieve that this is the scourge of our nation. and improve operational efficiency. Yet, at the same time we recognize that given to HCFA while preserving a pro- young African American and Hispanic indi- Mr. President, there is bipartisan vider’s right to choose its own fiscal viduals do not fly, ship or transport these recognition that funding for Medicare’s intermediary. Because most hospitals drugs into the streets of Detroit, Chicago, administrative operations is currently have nominated the national Blue Washington, D.C. or Los Angeles. inadequate. Funding for contractors Cross-Blue Shield Association as their We are very pleased to note the effort to has actually declined over the last sev- fiscal intermediary, when a State Blue address with a more systematic commitment eral years. When adjusted for inflation, Cross-Blue Shield plan leaves the Medi- to equity, punishment that fits the crime. Medicare’s contractor budget actually care Program the national Blue Cross- We believe that reducing from 500 grams to declined by 37 percent over the last 6 100 grams, the level of powdered cocaine de- Blue Shield Association chooses which years. The Finance Committee, on State Blue Cross-Blue Shield plan be- termined in an illegal sale of this drug does which I serve, has heard testimony begin the process of a more equitable appli- comes the fiscal intermediary for the cation of crime and punishment. It is our be- from the General Accounting Office, hospitals in that State. Under my leg- lief that both ‘‘crack’’ and powdered cocaine the HHS Office of Inspector General, islation, new contractors would be and others in support of higher spend- have a detrimental impact on our commu- awarded contracts using the same com- ing for Medicare administrative serv- nity. Yet, we do not believe that the current petitive requirements that apply laws governing the illegal sale of ‘‘crack’’ co- ices. Increased spending on payment throughout the Federal Government. caine versus powdered cocaine and the subse- safeguard activities can actually save quent sentencing for such infractions are by the Medicare Program money. Accord- Hospital and nursing homes would any means fair and appropriate. ing to the GAO, every dollar spent on still be able to choose their fiscal Therefore, it is our position that the Sen- Medicare safeguard activities returns intermediary every 5 years from a list ate Judiciary Committee has a key oppor- at least $11 to the Medicare Program. of at least 3 approved contractors. This tunity to bridge the gap between these in- freedom of choice keeps pressure on equities and to make more appropriate the But, Mr. President, before we spend type of sentencing resulting from the sale of additional money on program adminis- contractors to continuously improve powdered cocaine. You must know that the tration we need to make sure that the customer service to beneficiaries and overwhelming sentiment within the African Health Care Financing Administration health care providers. American and Hispanic communities is that [HCFA] has the ability to spend its HCFA would also be allowed to mon- our young people are being targeted, ex- contractor funds wisely and to enter itor and respond to instances when a ploited and directed toward the jail indus- into contracts with the most efficient health insurance company is proc- trial complex. This is being done in numbers entities. essing claims or auditing costs reports much greater than those who sale more than The legislation I am introducing they, profit more than they and more often of health care providers that it owns. than not, are privileged more than they. today replaces outdated Medicare law As the distinction between providers We hope that both the Senate and the and gives HCFA the tools to take full and insurers becomes blurred, a serious House will look favorably on the rec- advantage of innovations and effi- conflict of interest could emerge in ommendation to lower the level of powered ciencies in the private sector when it these types of situations and HCFA cocaine to maintain a mandatory, minimum, comes to utilization review, detecting must have the ability to safeguard the five-year sentence for those guilty of the sale fraud and abuse, and processing claims. Medicare Trust Fund from these types of this illegal drug. No longer would all Medicare contrac- of conflicts of interest. Rev. WENDELL ANTHONY. tors be required to perform all Medi- Just as Medicare has reformed its By Mr. ROCKEFELLER: care administrative activities. This payments to doctors and hospitals over S. 1255. A bill to amend title XVIII of legislation would permit the Secretary the past decade, and is considering the Social Security Act to provide for of HHS to selectively contract with changes to the way it pays health Medicare contracting reforms, and for any agency or organization that is ca- maintenance organizations, it is time other purposes; to the Committee on pable of carrying out specific adminis- to consider alternative ways to pay Finance. trative functions, such as fraud and contractors. Current Medicare law that abuse detection, customer service, or MEDICARE CONTRACTOR REFORM ACT OF 1995 requires cost-based reimbursement is utilization review. inconsistent with payment perform- Mr. ROCKEFELLER. Mr. President, I Under current law, Medicare is re- ance incentives and competitive bid- am pleased to introduce a bill to re- stricted to contracting with health in- ding. form the way Medicare administers its surance companies. In the private sec- health benefits. Under current law, tor, many large employers selectively Mr. President, I believe my legisla- Medicare is not allowed sufficient flexi- contract with companies that spe- tion updates current Medicare law and bility to award contracts to administer cialize in, and have expertise in, utili- is long overdue. This bill would equip Medicare benefits based on perform- zation review or in adjudicating the Health Care Financing Administra- ance, skill and expertise, or competi- claims. The Medicare Program should tion with the tools to move the Medi- tion. This bill is long overdue and fol- not be prohibited from making similar care Program into the next century. I lows up on an oversight hearing I held competitive decisions. This flexibility ask unanimous consent that a copy of as chairman of the Medicare sub- will not only increase competition but the legislative proposal be printed in committee a few years ago. it will enhance contractor performance the RECORD. When Medicare was enacted 30 years by allowing Medicare to contract with There being no objection, the bill was ago, private health insurance compa- entities who excel in a specific func- ordered to be printed in the RECORD, as nies were awarded the task of admin- tion. follows: istering the program. GAO recently Under current law, Medicare is forced S. 1255 testified before the Finance Committee to pay the costs of terminating a Medi- that when Medicare was enacted ‘‘leg- care administrative contract even if Be it enacted by the Senate and House of Rep- islation essentially delegated many resentatives of the United States of America in the contract is terminated for cause, Congress assembled, day-to-day administrative decisions to including poor performance, outright private insurers, to further lessen the SECTION 1. SHORT TITLE AND REFERENCES IN fraud, or even if the contract merely ACT. risk of undue Federal interference and expires. Medicare is the only Federal to better ensure that Medicare would (a) SHORT TITLE.—This Act may he cited as program required to pay for these ex- the ‘‘Medicare Contractor Reform Act of treat its beneficiaries no differently traordinary termination costs. This is 1995’’. than the private insured.’’ Under my inconsistent with the Federal con- (b) REFERENCES IN ACT.—Except as other- legislation, important administrative tracting authority and should be wise expressly provided, whenever in this functions would still be performed by changed immediately. Act an amendment or repeal is expressed in private sector companies but the pool Mr. President, my legislation would terms of an amendment to, or repeal of, a of eligible companies would be broad- change current law that automatically section or other provision, the reference

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13741 shall be considered to be made a section or ‘‘(B)(i) The Secretary, in carrying out sub- (i) by striking ‘‘An agreement’’ and insert- other provision of the Social Security Act. paragraph (A), shall permit a group of hos- ing ‘‘A contract’’, and SEC. 2. INCREASED FLEXIBILITY IN CON- pitals (or a group of another class of pro- (ii) by striking ‘‘the agreement’’ each place TRACTING FOR MEDICARE CLAIMS viders other than home health agencies or it appears and inserting ‘‘the contract’’. PROCESSING. hospice programs) under common ownership (I) Section 1816(i)(1) (42 U.S.C. 1395h(i)(1)) is (a) CARRIERS TO INCLUDE ENTITIES THAT by, or control of, a particular entity to amended by striking ‘‘an agreement’’ and in- ARE NOT INSURANCE COMPANIES.— choose one agency or organization (from at serting ‘‘a contract’’. (1) Section 1842(a) (42 U.S.C. 1395u(a)) is least 3 proposed by the Secretary) as the fis- (J) Section 1816(j) (42 U.S.C. 1395h(j)) is amended in the matter preceding paragraph cal intermediary under subsection (d) for all amended by striking ‘‘An agreement’’ and in- (1) by striking ‘‘with carriers’’ and inserting the providers in that group if the conditions serting ‘‘A contract’’. ‘‘with agencies and organizations (hereafter specified in clause (ii) are met. in this section referred to as ‘carriers’)’’. ‘‘(ii) The conditions specified in this clause (K) Section 1816(k) (42 U.S.C. 1395h(k)) is (2) Section 1842(f) (42 U.S.C. 1395u(f)) is re- are that— amended by striking ‘‘An agreement’’ and in- pealed. ‘‘(I) the group includes all the providers of serting ‘‘A contract’’. (b) CHOICE OF FISCAL INTERMEDIARIES BY services of that class that are under common (L) Section 1842(a) (42 U.S.C. 1395u(a)) is PROVIDERS OF SERVICES; SECRETARIAL FLEXI- ownership by, or control of, that particular amended in the matter preceding paragraph BILITY IN ASSIGNING FUNCTIONS TO INTER- entity, and (1) is amended by striking ‘‘agreements’’ and MEDIARIES AND CARRIERS.— ‘‘(II) all the providers of services in that inserting ‘‘contracts’’. (1) Section 1816(a) (42 U.S.C. 1395h(a)) to group agree that none of the agencies or or- (M) Section 1842(h)(3)(A) (42 U.S.C. read as follows: ganizations proposed by the Secretary is re- 1395u(h)(3)(A)) is amended by striking ‘‘an ‘‘(a)(1) The Secretary may enter into con- quired to have an office in any particular ge- agreement’’ and inserting ‘‘a contract’’. tracts with agencies or organizations to per- ographic area. (5) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is form any or all of the following functions, or ‘‘(2) The Secretary, in evaluating the per- amended by striking the second sentence. parts of those functions (or, to the extent formance of a fiscal intermediary, shall so- (6)(A) Section 1816(c)(2)(A) (42 U.S.C. provided in a contract, to secure perform- licit comments from providers of services.’’. 1395h(c)(2)(A)) is amended in the matter pre- ance thereof by other organizations): (3)(A) Section 1816(b)(1)(A) (42 U.S.C. ceding clause (i) by inserting ‘‘that provides ‘‘(A) Determination (subject to the provi- 1395h(b)(1)(A)) is amended by striking ‘‘after for making payments under this part’’ after sions of section 1878 and to such review by applying the standards, criteria, and proce- ‘‘this section’’. the Secretary as may be provided for by the dures’’ and inserting ‘‘after evaluating the (B) Section 1816(c)(3)(A) (42 U.S.C. contracts) the amount of the payments re- ability of the agency or organization to ful- 1395h(c)(3)(A)) is amended by inserting ‘‘that quired pursuant to this part to be made to fill the contract performance requirements’’. provides for making payments under this providers of services. (B) The first sentence of section 1816(f)(1) part’’ after ‘‘this section’’. ‘‘(B) Making payments described in sub- (42 U.S.C. 1395h(f)(1)) is amended— (C) Section 1816(k) (42 U.S.C. 1395h(k)) is paragraph (A). (i) by striking ‘‘develop standards, criteria, amended by inserting ‘‘(as appropriate)’’ ‘‘(C) Provision of consultative services to and procedures’’ and inserting ‘‘, after public institutions or agencies to enable them to notice and opportunity for comment, develop after ‘‘submit’’. establish and maintain fiscal records nec- contract performance requirements’’, and (D) Section 1842(a) (42 U.S.C. 1395u(a)) is essary for purposes of this part and other- (ii) by striking ‘‘, and the Secretary shall amended in the matter preceding paragraph wise to qualify as providers of services. establish standards and criteria with respect (1) by striking ‘‘some or all of the following ‘‘(D) Serving as a center for, and commu- to the efficient and effective administration functions’’ and inserting ‘‘any or all of the nicate to individuals entitled to benefits of this part’’. following functions, or parts of those func- under this part and to providers of services, (C) The second sentence of section tions’’. any information or instructions furnished to 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is (E) The first sentence of section the agency or organization by the Secretary, amended to read as follows: ‘‘The Secretary 1842(b)(2)(C) (42 U.S.C. 1395u(b)(2)(C)) is and serve as a channel of communication shall, after public notice and opportunity for amended by inserting ‘‘(as appropriate)’’ from individuals entitled to benefits under comment, develop contract performance re- after ‘‘carriers’’. this part and from providers of services to quirements for the efficient and effective (F) Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) the Secretary. performance of contract obligations under is amended in the matter preceding subpara- ‘‘(E) Making such audits of the records of this section.’’. graph (A) by inserting ‘‘(as appropriate)’’ providers of services as may be necessary to (D) Section 1842(b)(2)(A) (42 U.S.C. after ‘‘contract’’. ensure that proper payments are made under 1395u(b)(2)(A)) is amended by striking the (G) Section 1842(b)(7)(A) (42 U.S.C. this part. third sentence. 1395u(b)(7)(A)) is amended in the matter pre- ‘‘(F) Performance of the functions de- (E) Section 1842(b)(2)(B) (42 U.S.C. ceding clause (i) by striking ‘‘the carrier’’ scribed under subsection (d). 1395u(b)(2)(B)) is amended in the matter pre- and inserting ‘‘a carrier’’. ‘‘(G) Performance of such other functions ceding clause (i) by striking ‘‘establish (H) Section 1842(b)(11)(A) (42 U.S.C. as are necessary to carry out the purposes of standards’’ and inserting ‘‘develop contract 1395u(b)(11)(A)) is amended in the matter pre- this part. performance requirements’’. ceding clause (i) by inserting ‘‘(as appro- ‘‘(2) As used in this title and title XI, the (F) Section 1842(b)(2)(D) (42 U.S.C. priate)’’ after ‘‘each carrier’’. term ‘fiscal intermediary’ means an agency 1395u(b)(2)(D)) is amended by striking (I) Section 1842(h)(2) (42 U.S.C. 1395u(h)(2)) or organization with a contract under this ‘‘standards and criteria’’ each place it ap- section.’’. is amended in the first sentence by inserting pears and inserting ‘‘contract performance ‘‘(as appropriate)’’ after ‘‘shall’’. (2) Subsections (d) and (e) of section 1816 requirements’’. (42 U.S.C. 1395h) are amended to read as fol- (J) Section 1842(h)(5)(A) (42 U.S.C. (4)(A) Section 1816(b) (42 U.S.C. 1395h(b)) is 1395u(h)(5)(A)) is amended by inserting ‘‘(as lows: amended in the matter preceding paragraph ‘‘(d) Each provider of services shall have a appropriate)’’ after ‘‘carriers’’. (1) by striking ‘‘an agreement’’ and inserting fiscal intermediary that— (7)(A) Section 1816(c)(2)(C) (42 U.S.C. ‘‘a contract’’. ‘‘(1) acts as a single point of contact for 1395h(c)(2)(C)) is amended by striking ‘‘hos- (B) Paragraphs (1)(B) and (2)(A) of section the provider of services under this part, pital, rural primary care hospital, skilled 1816(b) (42 U.S.C. 1395h(b)) are each amended ‘‘(2) makes its services sufficiently avail- nursing facility, home health agency, hos- by striking ‘‘agreement’’ and inserting ‘‘con- able to meet the needs of the provider of pice program, comprehensive outpatient re- tract’’. services, and habilitation facility, or rehabilitation agen- (C) The first sentence of section 1816(c)(1) ‘‘(3) is responsible and accountable for ar- cy’’ and inserting ‘‘provider of services’’. (42 U.S.C. 1395h(c)(1)) is amended by striking ranging the resolution of issues raised under (B) Section 1816(j) (42 U.S.C. 1395h(j)) is ‘‘An agreement’’ and inserting ‘‘A contract’’. this part by the provider of services. amended in the matter preceding paragraph ‘‘(e)(1)(A) The Secretary shall, at least (D) The last sentence of section 1816(c)(1) (1) by striking ‘‘for home health services, ex- every 5 years, permit each provider of serv- (42 U.S.C. 1395h(c)(1)) is amended by striking tended care services, or post-hospital ex- ices (other than a home health agency or a ‘‘an agreement’’ and inserting ‘‘a contract’’. tended care services’’. hospice program) to choose an agency or or- (E) Section 1816(c)(2)(A) (42 U.S.C. (8) Section 1842(a)(3) (42 U.S.C. 1395u(a)(3)) ganization (from at least 3 proposed by the 1395h(c)(2)(A)) is amended in the matter pre- is amended by inserting ‘‘(to and from indi- Secretary, of which at least 1 shall have an ceding clause (i) by striking ‘‘agreement’’ viduals enrolled under this part and to and office in the geographic area of the provider and inserting ‘‘contract’’. from physicians and other entities that fur- (F) Section 1816(c)(3)(A) (42 U.S.C. of services, except as provided by subpara- nish items and services)’’ after ‘‘communica- 1395h(c)(3)(A)) is amended by striking graph (B)(ii)(II)) as the fiscal intermediary tion’’. under subsection (d) for that provider of ‘‘agreement’’ and inserting ‘‘contract’’. services. If a contract with that fiscal inter- (G) The first sentence of section 1816(f)(1) (c) ELIMINATION OF SPECIAL PROVISIONS FOR mediary is discontinued, the Secretary shall (42 U.S.C. 1395h(f)(1)) is amended by striking TERMINATIONS OF CONTRACTS.— permit the provider of services to choose ‘‘an agreement’’ and inserting ‘‘a contract’’. (1) Section 1816(b) (42 U.S.C. 1395h(b)) is under the same conditions from 3 other agen- (H) Section 1816(h) (42 U.S.C. 1395h(h)) is amended in the matter preceding paragraph cies or organizations. amended— (1) is amended by striking ‘‘or renew’’.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13742 CONGRESSIONAL RECORD — SENATE September 18, 1995 (2) The last sentence of section 1816(c)(1) Act may be entered into under section relationships with VA, Job Training (42 U.S.C. 1395h(c)(1)) is amended by striking 1816(a) of the Social Security Act (42 U.S.C. Partnership Act, and other programs— ‘‘or renewing’’. 1395h(a)) without regard to any provision of they do not duplicate any other serv- (3) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is law requiring competition. ices. HVEP is critical to the implemen- amended— (2) The amendments made by subsection (f) (A) by striking ‘‘, renew, or terminate’’, apply to contracts that have periods begin- tation and success of the innovative and ning after the end of the 1-year period speci- standdown projects that are held (B) by striking ‘‘, whether the Secretary fied in paragraph (1). across the country. should assign or reassign a provider of serv- (h) EFFECTIVE DATES.— I have had the good fortune of at- ices to an agency or organization,’’. (1) The amendments made by subsection tending several Minnesota standdowns, (4) Section 1816(g) (42 U.S.C. 1395h(g)) is re- (c) apply to contracts that have periods end- including one recently, and I have been pealed. ing on, or after, the end of the third calendar consistently impressed with the effec- (5) The last sentence of section 1842(b)(2)(A) month that begins after the date of enact- tiveness of this volunteer program of (42 U.S.C. 1395u(b)(2)(A)) is amended by strik- ment of this Act. veterans helping homeless veterans. ing ‘‘or renewing’’. (2) The amendments made by subsections I’ve been deeply moved by the sight of (6) Section 1842(b) (42 U.S.C. 1395u(b)) is (a), (b), (d), and (e) apply to contracts that amended by striking paragraph (5). have periods beginning after the third cal- veterans doing all they can to help (d) REPEAL OF FISCAL INTERMEDIARY RE- endar month that begins after the date of en- their less fortunate buddies—veterans QUIREMENTS THAT ARE NOT COST-EFFEC- actment of this Act.∑ exerting themselves to care for home- TIVE.—Section 1816(f)(2) (42 U.S.C. 1395h(f)(2)) less veterans whom the rest of society is amended to read as follows: By Mr. WELLSTONE: tends to ignore and, sometimes even ‘‘(2) The contract performance require- S. 1257. A bill to amend the Stewart scorn. Standdowns are a unique point ments developed under paragraph (1) shall B. McKinney Homeless Assistance Act of light that need to be nourished, not include, with respect to claims for services to reauthorize programs relating to furnished under this part by any provider of strangled. And the same is true for the services other than a hospital, whether such homeless assistance for veterans; to HVEP itself. agency or organization is able to process 75 the Committee on Labor and Human In conclusion, I want to stress that percent of reconsiderations within 60 days Resources. the $5 million saved annually by termi- and 90 percent of reconsiderations within 90 THE STEWART B. MCKINNEY HOMELESS nating HVEP will quickly be offset by days.’’. ASSISTANCE ACT AMENDMENT ACT OF 1995 the enormous costs of providing public (e) REPEAL OF COST REIMBURSEMENT RE- ∑ Mr. WELLSTONE. Mr. President, to assistance to the veterans who will re- QUIREMENTS.— save a highly cost effective and vital main homeless due to the lack of a (1) The first sentence of section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is amended— program that assists homeless veterans paying job. Reauthorization of HVEP (A) by striking the comma after ‘‘appro- to find employment, I am today intro- will permit us to meet our obligation priate’’ and inserting ‘‘and’’, and ducing a bill that would reauthorize to men and women who fought bravely (B) by striking ‘‘subsection (a)’’and all the Homeless Veterans Employment and unquestioningly for our country, that follows through the period and inserting Program [HVEP]—formerly called the but who are desperately seeking work ‘‘subsection (a).’’. Homeless Veterans Reintegration to escape the misery and indignities of (2) Section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) Project—for 3 years. homelessness. is further amended by striking the second As some of you may recall, during Mr. President, I ask that the text of and third sentences. the debate on H.R. 1944, the rescissions the bill be printed in the RECORD. (3) The first sentence of section 1842(c)(1) There being no objection, the bill was (42 U.S.C. 1395u(c)(1)) is amended— bill, I expressed my dismay and strong (A) by striking ‘‘shall provide’’ the first opposition to the zeroing out of this ordered to be printed in the RECORD, as place it appears and inserting ‘‘may pro- low-cost national program—funded at follows: vide’’, and just over $5 million annually—that is S. 1257 (B) by striking ‘‘this part’’ and all that fol- so important to homeless veterans. In Be it enacted by the Senate and House of Rep- lows through the period and inserting ‘‘this view of the fact that up to one-third of resentatives of the United States of America in part.’’. America’s homeless are veterans—an Congress assembled, (4) Section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) estimated 271,000 can be found on the SECTION 1. JOB PLACEMENT FOR HOMELESS is further amended by striking the second VETERANS. and third sentences. streets any given night—and Min- (a) HOMELESS VETERAN EMPLOYMENT PRO- (5) Section 2326(a) of the Deficit Reduction nesota veterans have often told me GRAM.—Section 738(e)(1) of the Stewart B. Act of 1984 is repealed. about the effectiveness of HVEP, I was McKinney Homeless Assistance Act (42 (f) COMPETITION REQUIRED FOR NEW CON- appalled when I learned that the pro- U.S.C. 11448(e)(1)) is amended by striking out TRACTS AND IN CASES OF POOR PERFORM- gram had fallen victim to a late-night subparagraphs (A), (B), and (C) and inserting ANCE.— leadership agreement with the admin- in lieu thereof the following new subpara- (1) Section 1816(c) (42 U.S.C. 1395h(c)) is graphs: amended by adding at the end the following istration on the rescissions package. ‘‘(A) $10,000,000 for fiscal year 1996. new paragraph: Since it is such a small program, ‘‘(B) $10,000,000 for fiscal year 1997. ‘‘(4)(A) A contract with a fiscal inter- many of your may be unaware of ‘‘(C) $10,000,000 for fiscal year 1998. mediary under this section may be renewed HVEP’s background and its impressive (b) GENERAL AUTHORIZATION OF APPROPRIA- from term to term without regard to any accomplishments. HVEP, which is ad- TIONS.—Section 739(a) of such Act (42 U.S.C. provision of law requiring competition if the ministered by the Labor Department’s 11449(a)) is amended by striking out ‘‘fiscal years 1994 and 1995’’ and inserting in lieu fiscal intermediary has met or exceeded the Veterans Employment and Training performance requirements established in the thereof ‘‘fiscal years 1996, 1997, and 1998’’. Service, is a job-placement program (c) EXTENSION OF PROGRAM.—Section 741 of current contract. begun in fiscal year 1989. HVEP pro- ‘‘(B) Functions may be transferred among such Act (42 U.S.C. 11450) is amended by fiscal intermediaries without regard to any vides grants to community based striking out ‘‘October 1, 1995’’ and inserting provision of law requiring competition.’’. groups that employ flexible and inno- in lieu thereof ‘‘October 1, 1998’’. (d) EFFECTIVE DATE.—The amendments (2) Section 1842(b)(1) (42 U.S.C. 1395u(b)(1)) vative approaches to assist homeless, made by this section shall take effect on Oc- is amended to read as follows: unemployed veterans to reenter the tober 1, 1995.∑ ‘‘(b)(1)(A) A contract with a carrier under work force. Let me repeat—grants to subsection (a) may be renewed from term to community-based groups, not funding term without regard to any provision of law By Mr. KYL: requiring competition if the carrier has met to some large impersonal Federal bu- S. 1258. A bill to amend the Internal or exceeded the performance requirements reaucracy that some of my colleagues Revenue Code of 1986 to allow a one- established in the current contract. regularly deride. time election of the interest rate to be ‘‘(B) Functions may be transferred among Permit me to briefly point out some used to determine present value for carriers without regard to any provision of of HVEP’s strengths and accomplish- purposes of pension cash-out restric- law requiring competition.’’. ments: It is one of the most successful tions, and for other purposes; to the (g) WAIVER OF COMPETITIVE REQUIREMENTS job placement programs in the Federal Committee on Finance. FOR INITIAL CONTRACTS.— (1) Contracts that have periods that begin Government. Since its inception it has URUGUAY ROUND AGREEMENTS ACT during the 1-year period that begins on the placed 11,000 veterans into jobs at ap- MODIFICATION LEGISLATION first day of the fourth calendar month that proximately $1,000 per placement. ∑ Mr. KYL. Mr. President, I introduce begins after the date of enactment of this HVEP grantees build complimentary legislation to make two modifications

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13743 to the pension-related provisions of the small business pension specialist at efit or limitation under subparagraph (B) or 1994 Uruguay Round Agreements Act. Louis Kravitz & Associates, put it re- (C),’’ in clause (i) and inserting ‘‘For pur- Mr. President, one of the greatest cently, ‘‘it is similar to taking out a poses of adjusting any limitation under sub- challenges facing Americans today is varible-rate mortgage with no cap.’’ paragraph (C) and, except as provided in clause (ii), for purposes of adjusting any ben- to save and invest for retirement. It is You could find yourself getting ready efit under subparagraph (B),’’, and a challenge that is made difficult by all to retire and expecting a lump sum dis- (2) by striking ‘‘For purposes of adjusting of the important matters that compete tribution of a given amount, but being the benefit or limitation of any form of ben- for a share of the American family’s told that you will actually get a third efit subject to section 417(e)(3),’’ in clause (ii) limited income day in and day out. less because the interest rate just and inserting ‘‘For purposes of adjusting any Parents routinely ask themselves, for changed. benefit under subparagraph (B) for any form example, if they can afford to make a My bill would give plans a one-time of benefit subject to section 417(e)(3),’’. (b) EFFECTIVE DATE.—The amendments contribution to an individual retire- option to choose a fixed interest rate made by this section shall take effect as if ment account when they still need to between 5 and 8 percent instead of the included in the enactment of the amend- save for their child’s college education. floating 30-year Treasury rate. That ments made by section 767 of the Uruguay Sometimes, the choices people face will make it easier for employers to Round Agreements Act.∑ are even more stark: Whether to set plan for the required contributions, f aside money for retirement, repair the and for employers and employees alike family car so a mother or father can to understand what their lump sum ADDITIONAL COSPONSORS get to work, or just put food on the benefits will ultimately be. S. 44 table or clothes on the kids’ backs. The second change included in my At the request of Mr. REID, the name Employers, too, must make similar bill would correct an anomaly that was of the Senator from Arizona [Mr. choices. To attract and retain qualified created under section 415(b)(2)(E) of the MCCAIN] was added as a cosponsor of S. employees, they want to be able to code. As a result of the change made in 44, a bill to amend title 4 of the United offer good pension benefits. But, they last year’s GATT bill, lump-sum dis- States Code to limit State taxation of have to decide whether they can put tributions are calculated differently certain pension income. more money into a pension plan for from—and thereby bear no relationship S. 112 their employees when the business to—the actuarial equivalent of a At the request of Mr. DASCHLE, the needs new equipment just to stay com- monthly life annuity for early retirees. name of the Senator from Kentucky petitive. It is a result that, from all indications [Mr. FORD] was added as a cosponsor of It’s easy to relegate retirement to was unintended. My bill includes a S. 112, a bill to amend the Internal second place behind any of these other technical correction to ensure that the Revenue Code of 1986 with respect to pressing needs—especially when retire- two options—the monthly life annuity the treatment of certain amounts re- ment is 5, 10, 20, or 30 years away. But, and the lump sum distribution—are in- ceived by a cooperative telephone com- adequate planning for retirement is no deed actuarially equivalent for early pany. less important or urgent. When the retirees. S. 309 time comes, we will all need to draw Mr. President, I invite my colleagues At the request of Mr. BENNETT, the upon the resources we have been able to join me as a cosponsor of this impor- names of the Senator from Arkansas to set aside during our working years. tant initiative. I also ask unanimous [Mr. PRYOR], the Senator from Rhode Because there are so many competing consent that the text of the bill be Island [Mr. PELL], the Senator from demands placed on people’s incomes— printed in the RECORD. New Jersey [Mr. LAUTENBERG], the Sen- because it is so difficult to save for re- There being no objection, the bill was ator from Connecticut [Mr. tirement even under the best of cir- ordered to be printed in the RECORD, as LIEBERMAN], the Senator from North cumstances—the Federal Government follows: Dakota [Mr. DORGAN], and the Senator should be sure to do what it can to en- S. 1258 from South Dakota [Mr. DASCHLE] were courage people to save and invest for Be it enacted by the Senate and House of Rep- added as cosponsors of S. 309, a bill to their retirement years. resentatives of the United States of America in reform the concession policies of the One thing Congress could do in that Congress assembled, National Park Service, and for other regard is provide new incentives to SECTION 1. INTEREST RATE FOR DETERMINA- purposes. save. The new chairman of the Finance TION OF PRESENT VALUE FOR PUR- S. 490 Committee, Senator BILL ROTH, has a POSES OF PENSION CASH-OUT RE- plan to enhance and overhaul the Indi- STRICTIONS. At the request of Mr. GRASSLEY, the (a) IN GENERAL.—Subclause (II) of section name of the Senator from Oklahoma vidual Retirement Account [IRA]. I am 417(e)(3)(A)(ii) of the Internal Revenue Code pleased to have cosponsored that pro- [Mr. NICKLES] was added as a cosponsor of 1986 (relating to determination of present of S. 490, a bill to amend the Clean Air posal, S. 12, with him. value) is amended by inserting ‘‘, or, at the Another thing we could do is simplify irrevocable election of the plan, an annual Act to exempt agriculture-related fa- current law to make it easier for peo- interest rate specified in the plan, which cilities from certain permitting re- ple and their employers to participate may not be less than 5 percent nor more than quirements, and for other purposes. in retirement plans. Senator PRYOR has 8 percent’’ after ‘‘prescribe’’. S. 684 an excellent proposal, S. 1006, the Pen- (b) CONFORMING AMENDMENT.—Subclause At the request of Mr. HATFIELD, the (II) of section 205(g)(3)(A)(ii) of the Employee name of the Senator from Connecticut sion Simplification Act, that I hope the Retirement Income Security Act of 1974 (29 [Mr. DODD] was added as a cosponsor of Finance Committee will also consider U.S.C. 1055(g)(3)(A)(ii)) is amended by insert- when it acts on reconciliation in the ing ‘‘, or, at the irrevocable election of the S. 684, a bill to amend the Public near future. plan, an annual interest rate specified in the Health Service Act to provide for pro- The bill that I am introducing today plan, which may not be less than 5 percent grams of research regarding Parkin- takes two additional steps in the direc- nor more than 8 percent’’ after ‘‘prescribe’’. son’s disease, and for other purposes. tion of pension simplification, cor- (c) EFFECTIVE DATE.—The amendments S. 881 made by this section shall take effect as if recting two problems that were created At the request of Mr. PRYOR, the included in the enactment of the amend- by the Uruguay Round Agreements ments made by section 767 of the Uruguay name of the Senator from Illinois [Mr. Act, last year’s GATT bill. Round Agreements Act. SIMON] was added as a cosponsor of S. The first change in my bill relates to SEC. 2. MODIFICATION OF CERTAIN ASSUMP- 881, a bill to amend the Internal Rev- the interest rate used to calculate TIONS FOR ADJUSTING BENEFITS OF enue Code of 1986 to clarify provisions lump sum distributions from defined DEFINED BENEFIT PLANS FOR relating to church pension benefit benefit pension plans. The GATT bill EARLY RETIREES. plans, to modify certain provisions re- required use of the interest rate on 30- (a) IN GENERAL.—Subparagraph (E) of sec- lating to participants in such plans, to tion 415(b)(2) of the Internal Revenue Code of year Treasury securities, a rate that is 1968 (relating to limitation on certain as- reduce the complexity of and to bring proving too volatile for many retire- sumptions) is amended— workable consistency to the applicable ment plans, particularly small plans. (1) by striking ‘‘Except as provided in rules, to promote retirement savings As Bruce Tempkin, an actuary and clause (ii), for purposes of adjusting any ben- and benefits, and for other purposes.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13744 CONGRESSIONAL RECORD — SENATE September 18, 1995 S. 1178 BROWN AMENDMENTS NOS. 2688– The PRESIDING OFFICER. Without At the request of Mr. CHAFEE, the 2690 objection, it is so ordered. names of the Senator from Mississippi Mr. BROWN proposed three amend- f [Mr. LOTT] and the Senator from Utah ments to the bill H.R. 1976, supra; as ADDITIONAL STATEMENTS [Mr. HATCH] were added as cosponsors follows: of S. 1178, a bill to amend title XVIII of AMENDMENT NO. 2688 the Social Security Act to provide for At the appropriate place, insert the fol- THE 75TH ANNIVERSARY OF THE coverage of colorectal screening under lowing: TOWN OF INDIAN HEAD, MD part B of the Medicare Program. SEC. . PEANUT PROGRAM. ∑ Mr. SARBANES. Mr. President, I SENATE RESOLUTION 146 (a) IN GENERAL.—None of the funds made would like to call to the attention of At the request of Mr. JOHNSTON, the available under this Act may be used to our colleagues celebrations that are name of the Senator from Virginia [Mr. carry out a price support or production ad- underway to celebrate the 75th anni- justment program for peanuts. ROBB] was added as a cosponsor of Sen- (b) ASSESSMENT.—The Secretary of Agri- versary of the establishment of the ate Resolution 146, a resolution desig- culture may charge producers a marketing town of Indian Head, MD. The mayor of nating the week beginning November assessment to carry out the program under Indian Head, Warren Bowie, along with 19, 1995, and the week beginning on No- the same terms and conditions as are pre- the entire community, has planned sev- vember 24, 1996, as ‘‘National Family scribed under section 108B(g) of the Agri- eral significant events to commemo- Week,’’ and for other purposes. culture Act of 1949 (7 U.S.C. 1445c-3(g)). rate this propitious milestone. f One of two incorporated townships in AMENDMENT NO. 2689 Charles County, Indian Head’s history AMENDMENTS SUBMITTED At the appropriate place in the amend- goes back much further than its date of ment, insert the following: incorporation in 1920. The territory SEC. . PRICE SUPPORT AND GRADING AND IN- SPECTION OF TOBACCO. now known as Indian Head was given to THE AGRICULTURE APPROPRIA- (a) IN GENERAL.—None of the funds made Lord Baltimore, and then to Gen. TIONS ACT FOR FISCAL YEAR available under this Act may be used to pay Charles Cornwallis, as part of a land 1996 the salaries or expenses of the employees of grant made by the English King in 1736. the Department of Agriculture to grade or Records later reveal that Cornwallis ti- inspect tobacco or to administer price sup- tled the land to George Washington in REID (AND BROWN) AMENDMENT port functions for tobacco. 1761. NO. 2685 (b) ASSESSMENT.—The Secretary of Agri- Older charts and maps dating from culture may charge producers a marketing 1776 through 1866 indicate that Indian Mr. REID (for himself and Mr. assessment to grade or inspect tobacco and Head has had several names including BROWN) proposed an amendment to the to administer the price support functions bill (H.R. 1976) making appropriations under the same terms and conditions as are Indian Point, Indian Headlands, and In- for Agriculture, rural development, prescribed in the Agricultural Act of 1949 (7 dian Head Point. All of these names re- Food and Drug Administration, and re- U.S.C. 1445–1 and 1445–2). flect the more popular tale of how the lated agencies programs for the fiscal name Indian Head was bestowed upon AMENDMENT NO. 2690 the town. As the story is told, there year ending September 30, 1996, and for Insert at page 84, between line 2 and line 3: was an Algonquin chief who had prom- other purposes; as follows: SEC. 730. None of the funds available in this ised his daughter in marriage to the At the appropriate place, insert the fol- Act shall be used for any action, including son of the chief of the neighboring lowing: the development or assertion of any position Piscataway Tribe. Before the two chil- SEC. . BOARD OF TEA EXPERTS or recommendation by or on behalf of the Forest Service, that directly or indirectly dren were united, the young woman None of the funds appropriated under this met an Indian hunter who was trav- Act may be used for the salaries or expenses results in the loss of or restriction on the di- of the Board of Tea experts established under version and use of water from existing water eling up the Potomac River from the section 2 of the Act. entitled ‘‘An Act to pre- supply facilities located on National Forest Virginia Colony. The two immediately vent the importation of impure and unwhole- lands by the owners of such facilities, or re- fell in love. The Algonquin chief, en- some tea’’, approved March 2, 1897 (21 U.S.C. sult in a material increase in the cost of raged at the disruption of the wedding 42). such yield to the owners of the water supply; plans, ordered the hunter to leave and Provided: nothing in this section shall pre- never to return to the region again. clude a mutual agreement between any agen- KERREY (AND KOHL) AMENDMENT cy of the Department of Agriculture and a The hunter vowed that he would come NO. 2686 state or local governmental entity or private back for his love. His plans to return entity or individual. were discovered and foiled. The night Mr. DASCHLE (for Mr. KERREY, for he returned, he was ambushed by himself and Mr. KOHL) proposed an Algonquin warriors and beheaded. His amendment to the bill H.R. 1976, supra; BRYAN (AND BUMPERS) AMENDMENT NO. 2691 head was placed on a spear and set in as follows: the sand as a warning to other tres- Mr. BRYAN (for himself and Mr. On page 83, strike line 4 through line 15; passers. The very next day, the first BUMPERS) proposed an amendment to On page 43, line 17; strike $528,839,000 and white settlers came and discovered this insert in its place $563,839,000; the bill H.R. 1976, supra; as follows: monument. Hence the name Indian On page 52, line 18; strike $17,895,000 and in- On page 65, line 18, before the period at the sert in its place $22,395,000; Head. end, insert the following: ‘‘: Provided further, Indian Head was slow to populate On page 52, line 24; strike $30,000,000 and in- That none of the funds made available under sert in its place $37,544,000; this Act may be used to carry out the mar- itself, largely due to the fact that the On page 55, line 1; strike $1,500,000 and in- ket promotion program established under area was mainly marshland. But in 1890 sert in its place $3,000,000. section 203 of the Agricultural Trade Act of the U.S. Navy decided to move its prov- 1978 (7 U.S.C. 5623)’’. ing ground to Indian Head, primarily BROWN (AND ABRAHAM) f because of its location between the AMENDMENT NO. 2687 naval shipyards in Norfolk and the AUTHORITY FOR COMMITTEES TO Washington Navy Yard on the Ana- Mr. BROWN (for himself and Mr. MEET costia. As the installation at Indian ABRAHAM) proposed an amendment to COMMITTEE ON ARMED SERVICES Head grew, so did the town. When it be- the bill H.R. 1976, supra; as follows: Mr. COCHRAN. Mr. President, I ask came inevitable that the United States At the appropriate place in the amend- unanimous consent that the committee would become deeply engaged in World ment, insert the following: on Armed Services be authorized to War I, Indian Head was given a large (a) None of the funds appropriated or made meet on Monday, September 18, 1995, at appropriation to expand its facilities to available to the Federal Drug Administra- tion by this Act shall be used to operate the 3 p.m. in executive session, to consider produce smokeless powder. The naval Board of Tea Experts and related activities. and act on the committee’s rec- powder factory, which is now the naval (b) The Tea Importation Act (21 U.S.C. 41 ommendation for the reconciliation ordnance station, provided the stim- et seq.) is repealed. bill. ulus for the expansion of Indian Head.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13745 Indian Head is a model of community THE EIGHTH ANNUAL FESTIVAL The African-American Heritage Fes- spirit and cooperation. The activities OF THE ARTS AND HERITAGE OF tival has proven itself to be an out- that have been sponsored to commemo- AFRICAN-AMERICANS standing event over the years. The fes- rate this auspicious occasion exemplify ∑ Mr. BRADLEY. Mr. President, our tival continues to grow in popularity the deep devotion of Indian Head’s resi- country is a remarkable mosaic—a each year, more than doubling its an- dents to the community. The spirit and mixture of races, languages, nual attendance from its first year. enthusiasm of Indian Head’s citizens ethnicities, and religions—that grows With increased popularity has come in- have been the foundation of its success. increasingly diverse with each passing creased profits which has led to the de- These celebrations provide the oppor- year. Nowhere is this incredible diver- velopment of a Relief Fund for Uwanda tunity to renew the dedication that has sity more evident than in the State of and other needy African nations. Prof- supported Indian Head throughout its New Jersey. In New Jersey, school- its also go to fund recreational activi- history and helped it to develop into children come from families that speak ties for needy seniors, the disadvan- one of Maryland’s most attractive com- 120 different languages at home. These taged, and for scholarship funds for col- munities. different languages are used in over 1.4 lege students. We in Maryland are fortunate to have million homes in my State. I have al- Congratulations once again on the an area as community-oriented as In- ways believed that one of the United eighth anniversary of the Festival of dian Head. I join the citizens of Charles States greatest strengths is the diver- the Arts and Heritage of African-Amer- County in sharing their pride in Indian sity of the people that make up its citi- icans. Best wishes for continued suc- Head’s past and optimism for contin- zenry and I am proud to call the atten- cess and to all who attended the fes- ued success in the years to come.∑ tion of my colleagues to an event in tival to celebrate a day of pride in New Jersey that celebrates the impor- their ethnicity.∑ f tance of the diversity that is a part of America’s collective heritage. f SUMMER INTERNS On June 4, 1995, the Garden State Arts Center in Holmdel, NJ, began its ∑ Mr. ABRAHAM. Mr. President, I rise TRIBUTE TO AL MEIER today to offer recognition to my sum- 1995 Spring Heritage Festival Series. The heritage festival program salutes ∑ Mr. HARKIN. Mr. President, it is an mer interns, who have dedicated their some of the different ethnic commu- honor for me to rise today to honor a time and effort this summer, serving nities that contribute so greatly to distinguished citizen from my State— the people of Michigan on my behalf. In New Jersey’s diverse makeup. High- Iowa Commissioner of Labor Al Meier. an era when cynicism about our Gov- lighting old country customs and cul- When Al retired on July 28, he stepped ernment and the political process runs ture, the festival programs are an op- down as the longest serving labor com- rampant, they have maintained an op- portunity to express pride in the ethnic missioner in the United States. timistic view of our Government, and backgrounds that are a part of our col- Over the years, Al Meier has been an have made considerable sacrifices so lective heritage. Additionally, the ally on the side of working Iowans. Be- that they could play a more active role Spring Heritage Festivals will con- fore Al was named labor commissioner in the American political system. They tribute proceeds from their programs in 1977, he served on the OSHA Review were of great help to us this summer to the Garden State Arts Center’s Cul- Commission, and prior to that he rep- and I am grateful for their service. In tural Center Fund which presents the- resented the AFL–CIO. He has also appreciation of their hard work and ater productions free-of-charge to New chaired the organizational committee dedication, I submit a list of their Jersey’s school children, seniors, and of the Governor’s Safety and Health names, and ask that it be printed in other deserving residents. The heritage Conference. the RECORD. festival thus not only pays tribute to As labor commissioner, Al was re- The list follows: the cultural influences from our past, sponsible for helping Iowans stay safe Lisa Maria Carroll, Nathan E. Clukey, it also makes a significant contribu- on the job and off. Accountable for all Christopher DeMuth, Hope Durant, Michael tion to our present day cultural activi- division of labor programs, Al’s duties J. Earle, Robert Glazier, John Iakovides, ties. Thomas Marshall, Danny Mayer, Denise included safety inspections, such as el- On Saturday, September 16, 1995, the evator and amusement ride inspec- Mills, Michael Mikelic, Ryan O’Donovan, Heritage Festival Series celebrated the tions; wage payment collection, child Stephen V. Potenza, Barry Regan, John Eighth Annual Festival of the Arts and Sanke, Sergio Santiviago, Nedda Shayota, labor, minimum wage, asbestos re- Heritage of African-Americans. The Joseph A. Snearline, Matthew J. Suhr, moval, and contractor registration. first African-American Heritage Fes- Courtenay Youngblood, Paul Yu. I can tell you that no one worked tival, founded by Clinton Crocker of Mr. President, these fine young men Tinton Falls, NJ, was held in Sep- harder on keeping Iowans safe in the and women performed valuable service tember, 1988. The festival took its place workplace than Al Meier. But his work assisting with legislative research, in the series in September, 1988. The wasn’t just about safety, as vital as front office support, and playing for my festival took its place in the series of that is. It was also about security— expansion softball team. Like all ex- heritage festivals at the Garden State economic security—helping Iowans live pansion teams, this year was a rebuild- Arts Center under the leadership of Ju- better lives, and building a better fu- ing year. Our team’s record may not lian Robinson, then commissioner of ture for our State. He was, and still is, have been the greatest, Mr. President, the New Jersey Highway Authority and at his best when it comes to helping but without the interns, I would have was so ably organized this year by others fight for a better life. had no softball team. Carol Washington. Al has been a fighter all his life. A On a more serious note Mr. Presi- Clinton Crocker’s early vision of a former Golden Gloves contender, he dent, it is my belief that a congres- major festival which would reflect never relinquished the fighting spirit it sional internship is the best and most pride in the African-American presence took for him to compete in the boxing effective way to learn firsthand about in New Jersey, has laid the foundation ring. Whether it was through his work the governmental process. Our interns for an outstanding event that cele- in political organizing, negotiating on are given the chance to observe and brates the beauty and diversity of Afri- the Hill, or representing the union, Al participate in all kinds of activities es- can-American culture. The festival pre- has been a fighter and a builder. He sential to the workings of the Senate. sented a wide variety of performing built coalitions. He built opportunities. From committee markups to floor arts including: soloists, African dance He built a stronger Iowa. speeches and votes, to the daily work- troupes, gospel singers, and African And throughout it all, Al has never ings of the office, they have been given story-tellers sharing traditional tales. compromised in his commitment to a diverse and extensive lesson in the The festival also showcased ethnic helping people. I know of no greater governmental process. It is a lesson foods from the African continent as tribute, and no better legacy, than that, regardless of their future ambi- well as African-American favorites and that. tions, will remain with them through- was undobtedly one of the highlights of Mr. President, I am proud to salute out the course of their lives.∑ the day. the leadership and selfless service that

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13746 CONGRESSIONAL RECORD — SENATE September 18, 1995 Al Meier has demonstrated throughout problem, but he is much more than My amendment borrowed from the his life. I am especially honored to that. He is a very gracious person who Iowa program and used the Iowa con- count Al as one of my dearest friends— always shows great concern for people. tract as a model for the Nation. A con- a friend that I have known for many He was never too busy to take a call or tract significantly strengthens ac- years. Once again I congratulate Al on listen to someone’s thoughts. During countability in the welfare system. his many years of service to Iowans, demonstrations, he effectively main- I was pleased that the amendment and I ask my colleagues to join with tained a constructive dialog and, more was adopted and thank the two leaders me in wishing him a long and happy re- often than not, made it so everyone for their assistance in getting my tirement.∑ left smiling. He was the heart and soul amendment approved.∑ f of the office and his dedication could not help but motivate others. f TRIBUTE TO HADLEY ROFF For a long, long time Hadley has ∑ Mrs. FEINSTEIN. Mr. President, I been a big part of my life. EXECUTIVE SESSION rise today to pay tribute to a long-time Recently, Hadley left my office to be- friend and associate, Hadley Roff. come a director for the San Francisco Since I first met Hadley when we were Urban Institute at San Francisco State both students at Stanford University, University. And, today, many San NOMINATION OF PAUL M. HOMAN he has been a close and dear friend. Franciscans are joining together to pay TO BE SPECIAL TRUSTEE FOR Over the years, as we worked together tribute to him and to celebrate his af- AMERICAN INDIANS when I was mayor of San Francisco, filiation with the Urban Institute. I am Mr. COCHRAN. Mr. President, now during a campaign for Governor, and as sorry I cannot be home right now, join- that we are off the bill, in executive a U.S. Senator, our friendship and re- ing in the celebration, but it is with session, I ask unanimous consent that spect for one another continued to fond memories and enthusiastic praise, the Indian Affairs Committee be imme- grow. that I wish Hadley, his wife Susie, and diately discharged from the nomina- Hadley Roff’s career, both in Wash- everyone at the Urban Institute all the tion of Paul M. Homan, to be special ington, DC, and in San Francisco, best. trustee for American Indians; that the shows exactly what can be accom- Hadley, we miss you, but do not Senate proceed immediately to the plished when someone devotes his life think for a second that we will not call consideration of the nomination; that to public service. you into duty when projects that need the nomination be confirmed; that any Hadley began his distinguished ca- that special Hadley touch arise. statements thereon appear at the ap- Congratulations, Hadley, on the trib- reer as a reporter for a San Francisco propriate place in the RECORD; that, ute and the wonderful opportunity of newspaper, the News, in 1956 and con- ∑ upon confirmation, the motion to re- tinued as the News was merged with working at the Urban Institute. consider be laid upon the table; that the Call Bulletin and, finally, with the f the President be immediately notified San Francisco Examiner. Hadley, from PERSONAL RESPONSIBILITY of the Senate’s action, and that the his days at Stanford University, want- CONTRACTS Senate return to legislative session. ed to work on a San Francisco news- ∑ Mr. HARKIN. Mr. President, last The PRESIDING OFFICER. Without paper. He did and he closed two of Wednesday, the Senate adopted my objection, it is so ordered. them. amendment to condition receipt of wel- So the nomination was considered Hadley soon switched his sights to fare benefits on signing and adhering and confirmed; as follows: the world of public service. to a personal responsibility contract. I DEPARTMENT OF INTERIOR In Washington, DC, he industriously was pleased that this important provi- Paul M. Homan, of the District of Co- served as chief of staff to U.S. Senator sion was added to the Work Oppor- lumbia, to be special trustee, Office of John V. Tunney, press secretary for tunity Act. I believe it is critical to Special Trustee for American Indians. Senator EDWARD M. KENNEDY and na- successful welfare reform emphasizing tional media director for the Presi- personal responsibility and common f dential campaign of Senator Edmund sense. Muskie. But, Hadley gladly returned to The underlying bill required States LEGISLATIVE SESSION San Francisco when the chance arose and welfare recipients to negotiate per- The PRESIDING OFFICER. The Sen- to serve the city of San Francisco. sonal responsibility contracts. How- Hadley adeptly served the citizens of ate will now return to legislative ses- ever, there were no details about what sion. San Francisco under four mayors. Be- that meant. Without definition, the ginning as press secretary for Joseph personal responsibility contract could f L. Alioto, Hadley continued to serve be meaningless and ineffective. Such a during the tenures of Art Agnos, my result would have been unfortunate be- administration, and Frank Jordan. MEASURE READ THE FIRST cause an effective contract has the po- TIME—S. 1254 Hadley served as my deputy mayor tential to significantly change welfare for more than 8 years when I became as we know it. Mr. COCHRAN. Mr. President, I un- mayor of San Francisco in 1978. He con- The centerpiece of the Iowa Family derstand that S. 1254, introduced ear- stantly showed a particular devotion to Investment Program is the require- lier today by Senator ABRAHAM, is at public safety that has continued to ment that individuals on welfare must the desk. today. As deputy mayor, Hadley was sign an individualized, binding con- The PRESIDING OFFICER. The Sen- always made aware when a fire reached tract with the State outlining what ator is correct. three alarms and, regardless of what he they will do to get off of welfare. The Mr. COCHRAN. I ask for its first may have been doing, Hadley was off to contract would also say what services reading. the scene. the State would provide to move the The PRESIDING OFFICER. The More recently, when Hadley served as family off of welfare. Failure to sign a clerk will read the bill for the first my State director in my Senate office contract or abide by the terms of the time. for 2 years, Hadley was instrumental in contract would result in termination of The bill (S. 1254) was read the first assisting former San Francisco Fire welfare benefits. time. Department Assistant Chief, Frank Mr. President, Iowa instituted a Mr. COCHRAN. Mr. President, I now Blackburn, in establishing a temporary number of reforms in our welfare pro- ask for its second reading. emergency water system that helped grams. After only 22 months of imple- Mr. BUMPERS. Mr. President, I ob- save the lives of 140,000 Rwandan refu- mentation, the Iowa welfare reform ject. gees in 1994. program is showing promising results. The PRESIDING OFFICER. Objec- Hadley describes himself as a More families are working and earning tion is heard. ‘‘human switchboard,’’ understanding income, there are fewer families on The bill will be read for the second the need to get the right people to a welfare and AFDC costs are declining. time on the next legislative day.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — SENATE S13747 ORDERS FOR TUESDAY, at 2:45 p.m., three rollcall votes will DEPARTMENT OF COMMERCE SEPTEMBER 19, 1995 occur in relation to the welfare bill. JANE BOBBITT, OF WEST VIRGINIA, TO BE AN ASSIST- In addition, following the passage of ANT SECRETARY OF COMMERCE, VICE LORETTA L. DUNN, Mr. COCHRAN. Mr. President, I ask RESIGNED. the welfare bill, which is the third unanimous consent that when the Sen- BARRY GOLDWATER SCHOLARSHIP AND ate completes its business today, it stacked rollcall vote, the Senate will EDUCATION FOUNDATION begin 4 minutes of debate on the poul- stand in recess until the hour of 9 a.m., DONNA DEARMAN SMITH, OF ALABAMA, TO BE A MEM- on Tuesday, September 19, 1995; that try committee amendment, followed BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- immediately by a vote on or in relation WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION following the prayer, the Journal of FOUNDATION FOR A TERM EXPIRING MARCH 3, 1998, VICE the proceedings be deemed approved to to the committee amendment. There- HOWARD W. CANNON, TERM EXPIRED. date, the time for the two leaders be fore, four votes will occur beginning at DEPARTMENT OF STATE 2:45 p.m. on Tuesday. reserved for their use later in the day, HAZEL ROLLINS O’LEARY, OF MINNESOTA, TO BE THE and there then be a period for morning f REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE 39TH SESSION OF THE GENERAL CONFERENCE OF business until the hour of 9:30 a.m., UNANIMOUS-CONSENT AGREE- THE INTERNATIONAL ATOMIC ENERGY AGENCY. with Senators permitted to speak for 5 SHIRLEY ANN JACKSON, OF NEW JERSEY, TO BE THE MENT—AMENDMENT NO. 2688 ALTERNATE REPRESENTATIVE OF THE UNITED STATES minutes each. OF AMERICA TO THE 39TH SESSION OF THE GENERAL I further ask unanimous consent that Mr. COCHRAN. Mr. President, I fur- CONFERENCE OF THE INTERNATIONAL ATOMIC ENERGY ther ask unanimous consent that im- AGENCY. at 9:30 a.m. the Senate then imme- NELSON F. SIEVERING, JR., OF MARYLAND, TO BE THE diately resume consideration of H.R. mediately following the vote regarding ALTERNATE REPRESENTATIVE OF THE UNITED STATES poultry, there be 60 minutes for debate, OF AMERICA TO THE 39TH SESSION OF THE GENERAL 1976, the agriculture appropriations CONFERENCE OF THE INTERNATIONAL ATOMIC ENERGY bill, and under a previous order, there under the control of Senator HEFLIN, AGENCY. on the Brown amendment, No. 2688 re- JOHN B. RITCH III, OF THE DISTRICT OF COLUMBIA, TO be 15 minutes, equally divided, on the BE THE ALTERNATE REPRESENTATIVE OF THE UNITED Bryan amendment, to be followed by a garding peanuts, and 30 minutes under STATES OF AMERICA TO THE 39TH SESSION OF THE GEN- the control of Senator Brown, to be fol- ERAL CONFERENCE OF THE INTERNATIONAL ATOMIC EN- rollcall vote on or in relation to the ERGY AGENCY. Bryan amendment. lowed by a vote on or in relation to the The PRESIDING OFFICER. Without BROWN amendment. f objection, it is so ordered. The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I now objection, it is so ordered. CONFIRMATION ask unanimous consent that the Sen- Mr. COCHRAN. Mr. President, again, ate stand in recess between the hours it is the intention of the leader and the Executive nomination confirmed by of 12:30 and 2:15 on Tuesday for the managers to conclude the agriculture the Senate September 18, 1995: weekly policy conferences to meet. appropriations bill by early evening to- DEPARTMENT OF THE INTERIOR The PRESIDING OFFICER. Without morrow. PAUL M. HOMAN, OF THE DISTRICT OF COLUMBIA, TO We hope we have the cooperation of BE SPECIAL TRUSTEE, OFFICE OF SPECIAL TRUSTEE objection, it is so ordered. FOR AMERICAN INDIANS, DEPARTMENT OF THE INTE- f all Senators to accomplish that. RIOR. f PROGRAM f Mr. COCHRAN. Mr. President, for the RECESS UNTIL 9 A.M. TOMORROW information of all Senators, the Senate Mr. COCHRAN. Mr. President, if WITHDRAWAL will resume consideration of the agri- there is no further business to come be- Executive message transmitted by culture appropriations bill tomorrow fore the Senate, I now ask unanimous the President to the Senate on Sep- morning. Under the previous order, consent that the Senate stand in recess tember 18, 1995, withdrawing from fur- there will be a rollcall vote at 9:45 a.m. under the previous order. ther Senate consideration the fol- tomorrow. There being no objection, the Senate, lowing nomination: In addition, at 10:30 a.m., the Senate at 8 p.m., recessed until Tuesday, Sep- will begin 2 hours of debate on the tember 19, 1995, at 9 a.m. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUNDATION committee amendment regarding poul- f try. I WITHDRAW THE NOMINATION OF HOWARD W. CANNON, NOMINATIONS OF NEVADA, TO BE A MEMBER OF THE BOARD OF TRUST- Also, under a previous consent, at EES OF THE BARRY GOLDWATER SCHOLARSHIP AND EX- 2:15 p.m., the Senate will begin 30 min- Executive nominations received by CELLENCE IN EDUCATION FOUNDATION FOR A TERM EX- PIRING MARCH 3, 1998, (REAPPOINTMENT), WHICH WAS utes of debate on the welfare bill. And the Senate September 18, 1995: SENT TO THE SENATE ON JANUARY 5, 1995.

VerDate Aug 31 2005 05:32 Jun 06, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S18SE5.REC S18SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1793 EXTENSIONS OF REMARKS

TRIBUTE TO CONGRESSMAN But beyond the legislative give-and-take of wounded buddy in World War I and post- NORMAN Y. MINETA issues, NORM and I were more than simply humously received the Congressional Medal colleagues. For two decades, he and I have of Honor. literally sat shoulder to shoulder in countless The first church established in the borough HON. BUD SHUSTER hearings and meetings. Together we have lis- was St. Anthony's Roman Catholic Church, OF PENNSYLVANIA tened to thousands of witnesses, sat through the congregation originally founded in 1901 by IN THE HOUSE OF REPRESENTATIVES hundreds of rollcall votes, and shared both Italians who moved from West Hoboken. Monday, September 18, 1995 victories and defeats. Ours is an uncommon While the original church was destroyed by Mr. SHUSTER. Mr. Speaker, In 3 short friendship and I trust it will not end when he fire in 1935, it was soon rebuilt and still serves weeks, Congress will lose one of its most val- leaves Congress. the community today at the same site on Sec- ued Democrat Members and at the same time, NORMAN Y. MINETA came to the Congress ond Street. In many ways, East Newark's history contin- I will say goodbye to one of my closest and the Public Works and Transportation ues to influence the present. Current mayor, friends. After nearly 21 years in the House of Committee in 1975 and two decades later, he Joseph R. Smith, is a descendant of John C. Representatives, Congressman NORMAN, Y. leaves, having contributed immeasurably to Smith, one of the original petitioners in the ef- MINETA is leaving to take a job in the private both. NORM was a positive influence on his fort to establish the borough. I would like to sector. Today, I would like my House col- colleagues and on their institution. He will be salute Mayor Smith, Council President Walter leagues to pause a moment and remember missed. Roman, Councilman Hans Peter Lucas, Coun- this truly remarkable man. f In his remarks at the press conference an- cilman William Lupkovich, Councilman Frank CELEBRATING THE 100TH ANNI- nouncing his retirement, NORM said something Madalena, Councilman Robert Rowe, and which simply but eloquently encapsulates his VERSARY OF THE BOROUGH OF Councilman Charles Tighe for continuing a tra- career in public service. He said, ``It is fair to EAST NEWARK dition of excellence in community service. While the past century has seen monu- say that I have been a builder throughout my mental changes in the face of the community, life.'' HON. ROBERT MENENDEZ East Newark remains an example of small- NORM came to the Public Works and Trans- OF NEW JERSEY portation Committee in 1975 along with eight town pride and big-spirited determination. With IN THE HOUSE OF REPRESENTATIVES a population of only 2,200, East Newark other Democrat freshmen; 18 years later, he Monday, September 18, 1995 became committee chairman. During the span proves that you do not have to be big in size of time, he chaired four of the panel's sub- Mr. MENENDEZ. Mr. Speaker, I rise today to make a big contribution. Please join me committees, proving time and again a knack to recognize the Borough of East Newark, today in celebrating the 100th anniversary of for understanding the details of committee ju- which is this year celebrating its 100th anni- this little metropolis, which continues to forge risdiction as well as a grasp of the overall im- versary. Although East Newark is small in its own path on the road to a new century. portance of infrastructure investment to the size, the residents are known for their big f hearts. economy and well-being of this Nation. RESPONSE TO CHARGE OF STU- Once a part of Kearny, East Newark broke In particular, he was a spokesman for urban DENT USE IN PHILLIP MORRIS away in the spring of 1895 to become an inde- America, having been, even at a tender age, STUDY a city father to San Jose, which rose from a pendent borough. The vote was cast for incor- sleepy South Bay community in the shadow of poration on July 2, 1895, and the new bor- San Francisco to become the third-largest city ough, just 64 acres in area, became the small- HON. THOMAS J. BLILEY, JR. OF VIRGINIA in California. His experiences as a mayor est community in the State of New Jersey. IN THE HOUSE OF REPRESENTATIVES helped him provide this committee with insight Two of the early industries in East Newark on the need for and development of mass were the Clark Thread Co., and the Clark Mile Monday, September 18, 1995 transit systems. End Spool Cotton Co., the largest thread mills Mr. BLILEY. Mr. Speaker, I would like to No mention of NORM goes without recogni- in the United States at that time. The compa- bring to your attention and include in the CON- tion of his untiring advocacy on behalf of those nies became Englehard Industries in the early GRESSIONAL RECORD the following response of of his ethnic heritage. Early on in his native 1930's, but since then, the area has been con- the Chesterfield County Public Schools to re- San Jose, he was eyed as a prodigal son of verted to the East Newark Industrial Center, cent congressional allegations that students in the Japanese-American community. NORM which now houses over 80 corporations in the their school system were used in a study by unflinchiningly assumed this responsibility, cul- garment industry. Phillip Morris. Attached, please find a media minating in the passage of the Civil Liberties With its industries in place, East Newark advisory from the Chesterfield County Public Act of 1988, which included reparations for began to build its community. The East New- Schools, which addresses this issue. Japanese-Americans interned by President ark Volunteer Fire Department was organized MEDIA ADVISORY Franklin D. Roosevelt and then-California Gov. in October 1895, and the East Newark Police After an exhaustive search in an effort to Earl Warren during World War II. Department was established 1 month later. respond to inquiries regarding information As his career highlights demonstrate, NORM Today, both are still in place, 100 years after in the CONGRESSIONAL RECORD last week, the has not been bashful in standing up for his be- they were first established to provide for the following are our findings: liefs. I remember when he headed the Aviation protection of life and property. East Newark's 1. We have determined that third grade Subcommittee during the 1980's and was first public school was built in 1896, and still teachers used a pupil rating scale question- naire, not a pupil test, during the early 1970s. such a strong advocate for taking the aviation serves children from kindergarten through the The purpose was to help identify students in trust fund out of the general fund budget. His eighth grade. need of special education services. The persistence helped force a floor vote on the A bronze tablet located in front of borough school system had no evaluation instrument issue in October 1987, with supporters of the hall proudly displays the names of the 175 at that time to test students for hyperactiv- off-budget bill losing by a scant five votes. As brave men of East Newark who gave their ity. If teachers suspected hyperactivity, the I said then and now: That vote was held be- lives to the American cause in World War I. common practice was to recommend parents cause NORM MINETA believed that stockpiling The Albert Ettlin American Legion Post No. 36 take their child to a physician for a medical diagnosis. these balances to hide the deficit was a fraud was so named in honor of Mr. Ettlin, the first 2. This rating scale questionnaire was not on the America people. And the fight to take East Newark soldier killed in action at the Bat- a Phillip Morris study, nor was the rating the transportation trust funds off budget con- tle of Chateau Thierry. East Newark resident scale completed in collaboration with Phillip tinues today, thanks in no small part because William F. Sawelson is said to have been hit Morris. It was a standard teacher observa- of NORM'S leadership. by a sniper's bullet while carrying water to a tion scale used by educators.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1794 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 1995 3. The rating scale does resemble, however, Barber Shop. Proprietor Eugene Parker JOEL COOK DAY the description of a teacher questionnaire in closes the place to paying customers that the July 25 CONGRESSIONAL RECORD in a two day. paragraph section alluding to a study of HON. BENJAMIN A. GILMAN ‘‘I could hardly believe it,’’ recalled John OF NEW YORK Chesterfield County Public School students. Thomas of E. 176th St., when he first came to IN THE HOUSE OF REPRESENTATIVES 4. No School Board employee we have lo- the shop for a free cut. ‘‘He wouldn’t even cated can confirm or recall any joint study take a tip. He said, ‘Then it would not be Monday, September 18, 1995 or sharing of information with Phillip Mor- free.’ ’’ ris. No School Board minutes from 1973–1978 Mr. GILMAN. Mr. Speaker, I wish to call to Harry J. Walker, of Van Aken Blvd., a cus- reference Phillip Morris in any way. We can- the attention of our colleagues a remarkable tomer for more than 25 years, was sitting not determine through any means that the man who led an incredible life of service to outside waiting for his number to be called. results of the questionnaire were made avail- others. This coming Sunday, September 24, Knowing he would face a wait of about an able to anyone other than school officials. Joel's hometown of Walden, NY, will be pay- 5. The source of information cited in the hours, Walker had brought a radio and some Scripture readings. ing tribute to him. CONGRESSIONAL RECORD was F. J. Ryan and Joel Cook, a veteran of the Vietnam conflict, ‘‘Smoker’s Psychology Monthly Report,’’ ‘‘He’s the best,’’ Walker said of Parker. ‘‘I think it’s wonderful what he is doing. God took the plight of our missing American he- and we have no knowledge of either of these roes, and the families they left behind, to his sources. said if you give, you are going to receive 6. This concludes our good faith effort to hundredfold.’’ heart. In 1977, at a time when most Ameri- respond to these inquiries. We are available For a while it was hard to give. ‘‘The first cans wanted to forget about our involvement for questions regarding current policies and three weeks, all total, I did not cut 20 in Vietnam, and sweep the problems from that procedures related to student evaluation. heads,’’ Parker recalled ‘‘Nobody believed conflict under the rug, Joel founded the Na- f it.’’ tional Human Rights Committee for POW's Now he cuts about 30 heads during his ab- and MIA's. As its national chairman, he helped SPECIAL SALUTE TO EUGENE breviated Thursday hours 9 a.m. to noon. At light a fire under all of us, reminding us that PARKER: HONORING HIS CHARI- least one of the four other barbers in his it was important that we must not forsake TABLE SERVICE TO THE ELDER- shop volunteers his off day on alternate those brave missing Americans. LY Thursdays. Many veterans groups throughout the Na- On this day, it is Andre Beard, 27, who has tion came to depend upon Joel Cook and his HON. LOUIS STOKES been cutting hair six years. Beard said he organization for the information they provided, was a Cuyahoga Community College student the suggestions they proffered, and the assist- OF OHIO in electrical engineering when his barber, IN THE HOUSE OF REPRESENTATIVES ance they were always ready to give. In the Parker steered him into the grooming field. year 1977, many Americans neither knew nor Monday, September 18, 1995 Parker said Beard comes almost every cared what the initials ``POW'' or ``MIA'' stood Thursday to cut the older folks’ hair. ‘‘I get for. In good part, public awareness of the Mr. STOKES. Mr. Speaker, I am proud to the afternoon off, that’s enough time for rise today to salute a resident of my congres- me,’’ Beard said. issue was heightened by Joel's tireless efforts. sional district, Eugene Parker, who was re- In July 1992, as a result of the illness which The give-away attracts both longtime cus- Joel probably contracted or had exacerbated cently profiled in the Cleveland Plain Dealer. tomers and newcomers. Those who have The article, which is entitled ``Paying With known Parker for years are not surprised by by his exposure to Agent Orange during his Good Looks'', tells of Mr. Parker's unique con- his charity. service in Southeast Asia, he retired as na- tribution to the elderly people of his neighbor- ‘‘He’s always been a people lover,’’ said tional chairman of the Human Rights Commit- hood. I want to share with my colleagues the Tom Carter, 78, of Stockbridge Ave. ‘‘He’s a tee. We lost him about a year and a half later, details regarding the offerings outstanding in- caring person.’’ Carter has been a customer on January 17, 1994. dividual. for 30 years. However, his friends, loved ones, and the Mr. Parker is the proprietor of Parker's Bar- Although he has not had a real vacation in many lives he touched ensured that his home- ber Shop in Cleveland, where he has been 18 years, Parker said he gets one every week town would not forget him. cutting hair for over 30 years. Every Thursday when he unlocks the shop door and already- This Sunday, Joel Cook Day in Walden, will since June 1994, Mr. Parker has offered free waiting older folks file in. be a commemorationÐand a celebrationÐof hair cuts to people over the age of 65. This is He cannot wait to talk to his visitors, for this stellar veteran and the time and effort he devoted to helping others. His widow, Linda, his way of giving back to his community. As they already have lived full lives. his children, and other family members will be Mr. Parker frequently says, he thinks that the ‘‘This gives me a chance to pick up a lot of on hand to share in our appreciation of Joel money that these persons would spend for a knowledge,’’ Parker said. Cook's works and deeds. On Sunday, which is haircut would be better spent on a loaf of Parker, a barber more than 30 years, said the day before what would have been Joel bread. Through this act of charity, Mr. Parker he got the idea for free haircuts while sitting in his shop contemplating what he could do Cook's 49th birthday, the American Legion demonstrates to the elderly of his neighbor- to give back to the community. Post No. 158 in Walden will officially change hood that someone is looking out for them. He decided older people would better use its name from the William Deakin Post No. Mr. Speaker, the reason that I highlight this their limited funds for food. 158 to the William Deakin-Joel Cook chapter. act of individual charity is because this is ex- The normal haircut charge at the shop is A duplicate of the new official American Le- actly the type of contribution which has the po- $9. gion charter indicating this name change will tential to resuscitate drifting communities of Parker, 56, gestures to the dozen or so peo- be presented to the Cook family at this time, our country. Eugene Parker has unselfishly ple waiting their turn and says, ‘‘These peo- with appropriate ceremonies. given his time and talent in an effort to ease ple sitting here, they did all the legwork and Today, over two decades after the end of the financial burdens of the elderly of his com- all the suffering to get me where I am today. hostilities in Southeast Asia, 2,197 Americans munity. I salute Mr. Parker for his neighborly I think a loaf of bread is more important to are still not accounted for. The National contributions and ask my colleagues to join them than a haircut. League of Families of POW's and MIA's point- me in paying tribute to this caring indiviual. I ‘‘Hopefully other barbers will hear about ed out to my office just this week that, if Joel also ask that this Cleveland Plain Dealer arti- this and do the same thing for seniors,’’ he Cook were alive today, he would be the first said. cle be inserted into the Record. and the loudest to protest the rush toward nor- [From the Cleveland Plain Dealer, Sept. 11, The rule is a customer has to be 65 or older malization of relations with Vietnam with the 1995] to get a free haircut, but Parker does not ask for proof of age. ‘‘I trust them,’’ he said. fates of so many of our fellow citizens still un- PAYING WITH GOOD LOOKS determined. (By Ronald Rutti) Parker’s family moved to Cleveland from Birmingham, Ala., when he was 12. He has Mr. Speaker, many of our colleagues have CLEVELAND.—They stand or sit six deep nine children of his own, 21 grandchildren joined with me throughout the years to remind outside the barber shop at Kinsman Rd. and and three great-grandchildren. all of us in this Nation that our missing fellow E. 143rd St. on Thursday mornings. It leads He said he became a barber because ‘‘I was Americans must never be forgotten. Joel Cook you to think the guys cutting inside either Day, coming only 9 days after our annual Na- must be good or giving something away free. tired of working hard.’’ But he has found it Turns out, you would be right on both is a job not suited to all. tional POW-MIA Remembrance Day, is a suit- counts. ‘‘You’ve got to like people. It’s a trip deal- able time to remember that many of us here Since June 1994, the elderly have been get- ing with people. But it’s a lot of fun,’’ he at home have dedicated their lives to this wor- ting free haircuts on Thursdays at Parker’s said. thy cause. September 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1795 As is true of our missing service men and the Stalinist Soviet Government. The Katyn time, ideas, and funding to creative philan- women, they deserve nothing less. Forest Massacre Memorial Committee will thropy. He has used his success to increase f have a memorial service on September 17, opportunities for people's advancement and to 1995 to honor the Polish victims. A mass will implement neighborhood improvement. I ask TRIBUTE TO REAR ADM. THOMAS be celebrated at 12 noon at the monument my colleagues to join me in paying tribute to A. MERCER, USN site. this exceptional individual. Many times throughout history, mankind has GIVING LIVES OF TWO CLEVELAND HON. SAM FARR committed unspeakable crimes that have hor- PHILANTHROPISTS OF CALIFORNIA rified the world. In April 1940 more than (By Janet Beighle French) IN THE HOUSE OF REPRESENTATIVES 25,000 people were rounded up by the Soviet Why people give has long intrigued those Government. Their only crime was that they responsible for garnering support for pri- Monday, September 18, 1995 were born Polish and considered enemies of vately funded organizations. The lives of two Cleveland philanthropists, Mr. FARR. Mr. Speaker, it is my great honor the state. Their hands were tied behind their to rise today in salute of an outstanding indi- one present, one past, provide some answers. backs and they were shot in the back of the And, as is typical in Cleveland, their gifts vidual, community and military leader. Mr. head. Their bodies were burned and scattered were not only of money, but of time, too. Speaker, Rear Adm. Thomas A. Mercer, who throughout various locations such as Katyn THE MANDEL TRADITION until recently commanded the Naval Post- Forest. ‘‘I want to light another candle or 10, graduate School, provided 33 years of service This year marks the 55th anniversary of the maybe many candles, to help eliminate the to the U.S. Navy and to my central coast com- brutal Katyn Forest Massacre. The order to nightmares around us,’’ said Mort Mandel, munity. His contributions will be remembered execute the Polish citizens was issued on chairman and CEO of Premier Industrial and sorely missed. March 5, 1940. The order is a reminder to us Corp. Graduating with distinction from the U.S. that we must remain ever vigilant against intol- Mandel’s parents, Sam and Rose, set the Naval Academy in 1962, Rear Admiral Mercer example. erance and inhumanity. Their massacre was a ‘‘They were not wealthy, but they always served a 3-year tour of duty in the U.S. Navy, genocidal act and we must never forget their extended helping hands to others,’’ said Man- including a Southeast Asia combat deploy- suffering and sacrifice. del. ‘‘When they could hardly pay the rent, ment. He later attended the Naval Post- A memorial was erected at Exchange Place mother would squirrel away $11 for someone, graduate School in Monterey, CA and was in Jersey City. The monument commemorates perhaps for a wedding dress, a doctor bill, a awarded a master of science degree in aero- the sacrifice of these innocent victims. The refrigerator or stove. nautical engineering in 1969. Katyn Forest Massacre was a crime against ‘‘By the time I was 10 years old, I had in- ternalized a sense that [compassionate, per- Rear Admiral Mercer's remarkable career humanity. This elegant memorial serves as a has been demonstrated by his assignments sonal giving] was an obligation and an oppor- reminder of man's cruelty to man. tunity to help,’’ said Mandel. ‘‘My brothers and duties throughout the country and the I ask that my colleagues join me in honoring did, too. As we could, we began giving away world. He has been awarded 17 medals and these Polish martyrs. They represent a lost money.’’ awards that recognize his distinguished serv- generation of Polish citizens. Their memories Along the way, their Premier Industrial ice, including the Defense Distinguished Serv- live on at the Katyn Memorial Monument. Corp. became very successful. Now, said Mandel, he uses that ability, giv- ice Medal, Distinguished Service Medal and f Defense Superior Service Medal. I am very ing systematically and effectively to stimu- late new ideas that will help heal the world. pleased to commend Rear Admiral Mercer for SPECIAL SALUTE TO MORT He and older brothers Jack and Joseph his contributions to our country. MANDEL, CLEVELAND PHILAN- have established a foundation for each fam- In addition, Rear Admiral Mercer signifi- THROPIST ily, three private and one corporate, with cantly contributed to the Monterey Peninsula total assets estimated in 1991 to be more community. He has served as the superintend- HON. LOUIS STOKES than $160 million. That year, the four foun- dations distributed more than $2.5 million in ent of the Naval Postgraduate School, Monte- OF OHIO rey, CA since January 1993. His contributions grants. IN THE HOUSE OF REPRESENTATIVES Management training, neighborhood re- there helped to retain the school in Monterey Monday, September 18, 1995 newal, the arts and health care were among and he has worked with other institutions of major beneficiaries. The Mandels also have higher education to make the region a center Mr. STOKES. Mr. Speaker, I rise today to given generously to Jewish causes; Mort of excellence for education and research. pay tribute to an outstanding philanthropist of Mandel is a past president of the Jewish Rear Admiral Mercer has also helped many my congressional district. Mort Mandel is the Community Federation of Cleveland. organizations in the Monterey region, including chairman and CEO of Premier Industrial Corp. In 1993, the brothers hired Richard Shatten outreach programs to schools, the American and has spent his life not just donating fi- away from Cleveland Tomorrow (itself foun- dation-inspired) to operate their founda- Legion, the Salinas Air Show and many more. nances, but also finding innovative ways to im- tions. At the time, Mort Mandel said the We are indeed fortunate to have a national prove the Cleveland area and the world. I brothers intended to leave to charity a ‘‘very resource like the Naval Postgraduate School want to share with my colleagues some of the large’’ portion of their combined fortunes, in our community, but more so since Rear Ad- contributions of this outstanding individual. then worth about $1.5 billion. The result miral Mercer has been its superintendent for Foundations established by Mort Mandel could be a foundation that would join the the past 21¤2 years. It is said that Rear Admiral and his family distribute grants for manage- Cleveland and Gund foundations as a major Mercer left every command in better shape ment training, neighborhood renewal, the arts, force in Cleveland philanthropy. and health care. Mr. Mandel's Premier Indus- ‘‘We are more pro-active than other foun- than when he arrived and I agree. The Naval dations,’’ said Mandel. ‘‘We use our brains, Postgraduate School and the entire commu- trial Corp. created a non-profit agency for im- contacts and money to improve, change, fill nity have benefited from his leadership. On provement of the neighborhood in which it op- a vacuum. We work very hard at it and put behalf of a grateful community and country, I erates, and created a school for non-profit in time.’’ wish him congratulations, and very best wish- management at Case Western Reserve Uni- Premier is located in the Midtown Cor- es for a happy and healthy retirement. versity. Mr. Mandel has also given extensively ridor, on Cleveland’s near East Side. It cre- ated a nonprofit agency to help improve the f to the United Way, and has contributed to the creation of the Mandel School of Applied So- neighborhood, which Mandel cites as among IN HONOR OF THE POLISH MAR- his top accomplishments. ‘‘It’s now an um- cial Sciences at Case Western Reserve Uni- brella agency, called Neighborhood Progress TYRS MEMORIALIZED AT THE versity. Inc. The Cleveland and Gund Foundations KATYN MEMORIAL MONUMENT Mort Mandel has for a number of years supported it, too, but we were the largest been a strong supporter and financial contribu- funder. HON. ROBERT MENENDEZ tor to the 11th Congressional District's Annual ‘‘We also started the Mandel Center for Non-Profit Management [at Case Western OF NEW JERSEY Christmas Party for poor residents of my dis- Reserve University], to see if we could im- IN THE HOUSE OF REPRESENTATIVES trict. These are people who would have no Christmas for themselves and their children if prove the quality of management for non- Monday, September 18, 1995 profits, so they could do a better job. it were not for philanthropists such as Mort ‘‘It’s been 10 years now and the program Mr. MENENDEZ. Mr. Speaker, I rise today Mandel. has graduated many people. And now they to honor the Polish officers, citizens and pris- Mr. Speaker, I am proud to salute Mort run everything from museums to settlement oners of war who were massacred in 1940 by Mandel today. Mort Mandel has given his houses.’’ E 1796 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 1995 Last week, the Mandels were recognized Federation and American Red Cross. When support for H.R. 2126, the Defense Appropria- for their longstanding commitment to Unit- he began directing the Community Fund tions Act for fiscal year 1996. ed Way Services, and their gift of $1.2 million (later United Way), givers multiplied 10 I was recorded for each of the votes imme- toward the purchase of the agency’s new times. He remained director and top contrib- diately preceding final passage of the bill. headquarters on Euclid Ave. to be named the utor for 21 years. Mandel Community Building. Mather succeeded because he was passion- Inexplicably, the RECORD does not reflect my Mandel gifts have also helped in the cre- ate about everything he did, said McMillen. vote supporting final passage of the bill, which ation of the Mandel School of Applied And he was directly involved. Contem- I cast electronically. It is my understanding I Sciences at Case Western Reserve Univer- poraries noted that he approached any task am not the only Member who has been mis- sity, and the Mandel Jewish Community with enthusiasm, keen observation and anal- represented in this manner. Center in Beachwood. ysis, a superb memory, and the ability to get Again, I would like the RECORD to reflect Mandel’s grown children are also very phil- to the point. that I cast an ``aye'' vote on rollcall No. 646. anthropic, he said. ‘‘Philanthropy is an incredibly fulfilling ‘‘That’s probably the greatest gift Barbara thing to do,’’ McMillen said. ‘‘All of the fam- f ily still have civic interests.’’ and I have given our kids—their values,’’ TRIBUTE TO SHERIFF WILLIAM H. said Mandel. McMillen is a trustee of the art museum and of the $3.8-million S. Livingston Mather HACKEL MATHER RECYCLED MONEY Charitable Trust which supports cultural Samuel L. Mather was injured in an explo- programs, education, child welfare, social HON. DAVID E. BONIOR sion at his father’s mining company just as services and mental health, youth services he was about to enter Harvard University. and conservation. He also supports the Chil- OF MICHIGAN He spent three years as an invalid, perhaps dren’s Aid Society. IN THE HOUSE OF REPRESENTATIVES inspiring his gifts to medicine and the arts. But inherited religious conviction was f Monday, September 18, 1995 more likely behind Mather’s indefatigable TRIBUTE TO HOME HEALTH CARE Mr. BONIOR. Mr. Speaker, I rise today to giving, said his great-grandson Sterling WORKERS pay tribute to my good friend, Macomb County ‘‘Ted’’ McMillen. Sheriff, William H. Hackel. Sheriff Hackel was Mather’s ‘‘core, prime passion,’’ McMillen named as the winner of the 1995 Distin- said, was the Episcopal Church, which he HON. RONALD D. COLEMAN guished Citizen's Award by the Clinton Valley served in local, national and ecumenical ca- OF TEXAS Council of the Boy Scouts of America. On pacities and as director of the Bethel and IN THE HOUSE OF REPRESENTATIVES City Mission. September 14, 1995, Sheriff Hackel was hon- ‘‘Mather believed you earned money to re- Monday, September 18, 1995 ored by the Boy Scouts at an award dinner cycle it and try to bring about God’s pure vi- Mr. COLEMAN. Mr. Speaker, I would like to held at the Fern Hill Country Club in Clinton sion,’’ he said. ‘‘In New England, where the take this opportunity today to extend my grati- Township, MI. Mathers came from, religion called the tude to all of the thousands of nurses, thera- Sheriff Hackel began his career with the shots.’’ Macomb County Sheriff's Department as a Boston preacher Increase Mather was pists, physicians, and home care aides who president of Harvard. His son Cotton was a have devoted their lives to provide in-home deputy over 30 years ago. In 1976, the people preacher, author, mystic, politician and a health care. of Macomb elected him to serve as Sheriff. founder of Yale. Home care is a wonderful way to treat sick During these three decades, Sheriff Hackel Samuel Mather Jr. was one of the first 49 and disabled individuals without having to sep- has earned the well-deserved reputation as a shareholders in the Connecticut Land Com- arate them from their familiar and comfortable tough and innovative crime fighter. pany, which bought the Western Reserve in surroundings. Because it is so popular, home Sheriff Hackel has assumed leadership 1792. By 1809, he owned four townships. Only care is the fastest growing sector of American roles in many local, State, and national crimi- he, of the 49, sent a descendant here. health care delivery today. Between 1990 and nal justice organizations. He has served on Son Samuel Livingston Mather arrived in 1843 to set up a law practice and see to his fa- 1994, the number of Medicare beneficiaries the Advisory Committee of the Macomb Com- ther’s interests. He founded Cleveland Iron that received home health services almost munity College Criminal Justice Program and Mining Co. (later Cleveland-Cliffs Co.) and doubled. as a member of the Michigan Commission of fathered William Gwinn and Samuel. However, despite the fact that health care Criminal Justice. Previous Michigan Governors The sons inherited the family propensity increase in services costs in general have William Milliken and James Blanchard both to make money and were ultimately credited risen at enormous rates, the cost of this serv- appointed him to serve on the Michigan Law with writing the book on the iron and steel ice has been increasing at a rate far below Enforcement Officers' Training Council. In all business of their era. William took over that of the Consumer Price Index. In fact, of his roles, he has worked to see that the Cleveland-Cliffs. Samuel helped found Medicare payments for this service had lev- Pickands Mather Co. and built it into the re- community he serves has the best trained and gion’s second-largest iron ore company. eled off in 1993 and were well below projected most professional law officers possible. Samuel and Flora Stone Mather lived very levels of spending in 1994. In addition to helping coordinate law en- well, in the most expensive house on Euclid Certainly, this is an economical and caring forcement officials from all levels of govern- Ave’s Millionaires’ Row. Mather died the way to provide for our sick and disabled with ment, Sheriff Hackel has also placed a priority state’s richest man in 1931, even though he health care that they can rely upon. It also on crime prevention. It is not uncommon to retired at age 50 and spent 30 years funding benefits the families that live with the individ- see Sheriff Hackel at numerous community and directing nonprofit organizations. uals who require home care by allowing them events. He is always working with groups and But the Mathers gave time as well as to have day to day contact with their loved money. He spent a half-century helping to attending functions where he can reach out to support Lakeside/University Hospitals, 30 as ones. the public, especially children. In the words of chairman (thus the new Samuel L. Mather I believe that home health care is the type one of his deputies, a DARE officer, Sheriff Pavilion). He helped rebuild the Cleveland of system we need to put more emphasis on Hackel has always made kids his number one Clinic after the disastrous 1929 explosion. He when Congress structures its debate on health priority. His support of the Boy Scouts, where was an original trustee of the Cleveland Mu- care reform. he serves on the Friends of Scouting Commit- seum of Art, vice president of University f tee, is just one of many examples. Sheriff School, and a trustee of Western Reserve Hackel is also responsible for bringing the first University. He helped underwrite Kenyon EXPLANATION OF RECORDED AB- DARE program to Macomb County. He spon- College and the Library Association. SENCE FOR ROLLCALL VOTE 646, sors the Explorer Post at the Macomb County Flora funded three buildings for and FINAL PASSAGE OF H.R. 2126, Sheriff's Office where young men and women underwrote Western Reserve University’s THE DEFENSE APPROPRIATIONS College for Women, later renamed in her have the chance to learn about law enforce- ACT FOR FISCAL YEAR 1996 honor. She and her husband funded and led ment first hand. Annually, Sheriff Hackel par- Hiram and Goodrich Houses, which offered ticipates in the March of Dimes Walk America, social programs for immigrants. Some of HON. WILLIAM F. GOODLING the Easter Seal Telethon, the Torch Run for these programs evolved into the social work Special Olympics and many other community school at the university, the Visiting Nurse OF PENNSYLVANIA and charity organizations. Association and the Cleveland Society for IN THE HOUSE OF REPRESENTATIVES Taking an active role in one's community is the Blind. Monday, September 18, 1995 Samuel Mather was president of the Chil- a responsibility we all share, but few fulfill. dren’s Aid Society and the Home for Aged Mr. GOODLING. Mr. Speaker, I regret the Sheriff Hackel has dedicated much of his life Women, on the board of the National Civic official RECORD does not reflect my strong to this endeavor. I deeply admire his strong September 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1797 values and outstanding example of civic in- worried about the owls. This document tells OBSERVANCE OF THE volvement. His time, talents, and energy are me they’re doing just fine for now. CHIROPRACTIC CENTENNIAL appreciated by all of us. I thank Sheriff Hackel However, I am deeply concerned about the for his efforts and commend him for his good existence of several other species that re- HON. GEORGE P. RADANOVICH work. main unprotected by this plan—the Amer- OF CALIFORNIA I applaud the Boy Scouts of the Clinton Val- ican logger, the American rancher, the pro- IN THE HOUSE OF REPRESENTATIVES fessional forester, the wildland firefighter, ley Council for recognizing Sheriff Hackel. He Monday, September 18, 1995 has provided outstanding leadership to our local forest families, and the critical rural community and I know he is proud to be hon- habitat in which they all live and work. To- Mr. RADANOVICH. Mr. Speaker, today is ored by the Scouts. gether, they comprise an essential compo- the centennial observance of the discovery of On behalf of the Boy Scouts of America, I nent of the forest ecosystem, and contribute chiropractic on September 18, 1895 by Dr. to the strength of our nation. They are the urge my colleagues to join me in saluting D.D. Palmer in Davenport, IA. The name human critters that they have the experi- Macomb County Sheriff Bill Hackel. chiropractic was derived from the two Greek ence, training, and commitment to sustain words of chiro meaning hand and praktos f the overall health and productivity of the meaning done by hand. According to Web- forest. THE SOCIAL COST OF ster's Dictionary, ``Chiropractic is a system of ADMINISTRATION POLICIES Without immediate intervention it is like- healing holding that disease results from a ly they will go into dramatic decline, and lack of normal nerve function and employing possible extinction. Therefore, I recommend manipulation and specific adjustment of body HON. JOHN T. DOOLITTLE the following prescription as good medicine structuresÐas the spinal column.'' OF CALIFORNIA for these endangered human species, as well Today, chiropractors are recognized by the IN THE HOUSE OF REPRESENTATIVES as for the western slope of the Sierras and its Federal and State governments in licensure, Monday, September 18, 1995 abundant wildlife: education, continuing education, student finan- Mr. DOOLITTLE. Mr. Speaker, I rise today Scrap the ‘‘cookie-cutter’’, one-size-fits- cial aid programs, radiation certification, legal all’’ approach to managing forest vegetation. to read into the RECORD two letters I received expert witnesses, hospital staff membership Return to individual Forest Plans that can and insurance recognition as stated in the Oc- when I was in my district over the recess. provide a custom tailored fit to the specific Both letters touch upon how the policies being cupational Outlook Handbook of the Bureau of local needs of rural communities, individual Labor Statistics of the U.S. Department of pursued by the Clinton administration are landscapes, and sustainable forests. causing damage to the forests of northern Labor and other official sources. Depart from past harvest schedules to Chiropractors also are recognized by the California and inflicting pain and suffering on commence an aggressive increase in the vol- Federal and State governments as primary the residents of the region. ume of forest tree-thinning. This will reduce health care providers. The U.S. Public Health The first letter is from Michael and Sharlene the growing catastrophic fire hazard in Service classifies doctor of chiropractic among Reed of Sonora. The letter reads: dense, choked, and over crowed timber medical specialists and practitioners and in- REPRESENTATIVE DOOLITTLE: Due to the stands. Cut some bigger trees to make way cludes chiropractors in its Health Manpower Forest Service interpretation of the Taylor for the younger ones. Amendment and President Clinton’s lack of Sourcebook, and includes a chapter covering concern for the working people we are re- Step-up the reforestation effort on wild- chiropractic in Health Resources Statistics. cently unemployed. Our local plywood and fire-burned forest land. This will reduce the The U.S. Department of Labor, Bureau of sawmill operation has been closed. The brush field fire hazard, provide future jobs Labor Statistics, lists chiropractic in its Occu- Stanislaus National Forest will have no no- for rural communities, grow green forests in pation Outlook Handbook as ``Health Diagnos- ticeable increase in timber sales in the fore- which Americans love to recreate, and pro- ing and Treating Practitioners.'' Chiropractors seeable future. vide habitat opportunities for a wider range are a listed occupation for purposes of tax- of wildlife. My family has been in Tuolumne County ation by the U.S. Internal Revenue Service for more than 100 years, in the cattle and Continue the good work of introducing timber fields. We care about the future of and under the Internal Revenue Code, chiro- controlled, cool fire back into the landscape practic care is a medical deduction. our county, our state and our nation. For to maintain thinned stands of trees and im- now our future is unknown, and we may have Mr. Speaker, in saluting this chiropractic prove browse for wildlife. Combine this work to leave the place that has been our home for centennial, I take pleasure in including with my with tree thinning over entire landscapes as such a long time. There are no other job op- remarks a summary statement about the pro- needed to get out front on the California fire portunities available in this area. We may fession that was written at my request by my problem. also lose our home because there is little chiropractor constituent, Dr. Rita Schroeder of real estate market at this time. Clinton’s Forests on the west slope of the Sierras are Fresno, and one of my California advisers, Dr. ‘‘job retraining’’ would only work if there burning down faster than we can sustain L. Ted Frigard of Beverly Hills. were jobs to be trained for. them, resulting in big black clear cuts. Spot- CHIROPRACTIC, PAST, PRESENT AND FUTURE While our future is uncertain, we hope ted owl nesting sites are torching off faster your future as our Representative is secure. On September 18, 1895, Mr. Harvey Lillard, than the forest can grow them, and the owls who had been deaf for seventeen years We will help any way we can. are pretty mad about it. Let’s protect the Sincerely, sought the services of Dr. D.D. Palmer. Mr. jobs of the people who can protect the owls. Lillard stated that he was exerting himself MICHAEL and SHARLENE REED, Sonora, California. in a cramped, stooping position and he felt Mr. Speaker, whether the issue is the Cali- something give way in his back and imme- The second letter I would like to share was fornia Spotted Owl or the timber salvage diately became deaf. An examination re- sent to the California Spotted Owl Team in amendment passed in the 1995 recissions bill, vealed that a vertebra was twisted from its Sacramento by Pat Kaunert. Mr. Kaunert, who the Clinton administration continues to ignore normal position. Dr. Palmer reasoned that if is also a resident of Sonora, gave me a copy the human and social costs of its policies. We that vertebra was replaced, the man’s hear- of the letter at a recent townhall meeting. are witnessing the devastation of entire com- ing should be restored. With this object in His letter reads: view, Dr. Palmer maneuvered the vertebra munities in the northwestern United States as into position using the spinous process as a COMMENTS ON CALIFORNIA SPOTTED OWL a result of the President's efforts to placate lever and soon Mr. Lillard could hear as be- DRAFTED PLAN extremists in the environmental movement. fore. Thus the science and art of chiropractic The following comments on the Draft Cali- were formed at that time. fornia Owl Plan represent my personal opin- These letters, Mr. Speaker, are representa- Chiropractic was founded on anatomy: os- ion only, and are not intended to represent tive of the thinking of the great majority of my teology, neurology and function of bones, any other persons or agency. constituents. They are beginning to speak out nerves and the manifestation of impulses. I have reviewed the Draft Environmental more forcefully against the current administra- Chiropractic is a science, a knowledge of Impact Statement for Management of the tion's destructive environmental policies and I health and disease reduced to law and em- California Spotted Owl, a document which bodied into a system. A vertebral sub- clearly states that ‘‘The California spotted have assured them that their voices will be luxation occludes an opening through which owl appears to be abundant and well-distrib- heard in Washington. I am glad to share these nerves pass, producing a pressure upon uted within the forests on the west slope of two letters with my colleagues by including nerves causing interference with the trans- the Sierra Nevada.’’ This tells me that the them in today's RECORD. mission of a normal quantity of abstract owls are currently living in paradise—not en- force generated in the brain and expressed at dangered, not threatened, and not all that the end of the nerve in physiological func- sensitive. I’m not all that sensitive. I’m not tion. E 1798 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 1995

EDUCATION RADIATION CERTIFICATION ers’ compensation insurance programs. Chiropractors perform physical examination Chiropractic education is recognized by the Chiropractors must meet the educational requirements and pass a State examination for school children and employment and in- Federal and State governments. The Com- surance companies. mission on Accreditation the Council on for certification for the supervision and use Chiropractic Education (C.C.E.) is recognized of radiation and x-ray machines. HOSPITAL STAFF MEMBERSHIP by the United States Department (Office) of EXPERT WITNESS Chiropractors are entitled to hospital staff Education and by the Council on Postsecond- Chiropractors are accepted as expert wit- membership by the Joint Commission on Ac- ary Accreditation nesses within the lawful scope of the limited creditation of Hospitals (JCAH). The JCAH speciality of their practice in the County, is a hospital standard setting organization STUDENT FINANCIAL AID PROGRAMS State and Federal Court system. which has the power to define and regulate Chiropractic students qualify for financial INSURANCE RECOGNITION the activities which take place in hospitals. In 1983, the American Medical Association, aid programs for their chiropractic edu- The Congress of the United States, with the American Hospital Association, the cation. Financial aid programs consist pri- Presidential approval, has authorized the American College of Radiology and the marily of Federal and State loans, grants provision of chiropractic services under fed- American College of Surgeons participated and scholarships. Student aid programs for eral law for all Americans in Medicare and in the revision of the Accreditation Stand- chiropractic students demonstrates that the Medicaid. Federal employees have chiroprac- ards for Hospitals with the JCAH. The 1983 Federal and State governments not only en- tic coverage in the Federal Employee Health revision liberalized the prior standards re- courage education for chiropractic students Benefit Program and coverage in the Federal garding admission to medical staffs or, and but establish ways to finance that education. Employee Workers’ Compensation program, allowance of hospital privileges to limited and in leave approvals, for illness suffered by LICENSURE practitioners which include chiropractors. federal employees. Chiropractic health serv- The chiropractic profession has an effec- Chiropractors are licensed in all fifty ices are included in the Railroad Retirement tive and valuable health care service to states, U.S. Virgin Islands, Puerto Rico and Act, State MediCal (Medicaid) program, render humanity. We are sure that the pro- the District of Columbia, by an Act of the State Workers’ Compensation Insurance pro- fession has strived mightily over the last United States Congress. Chiropractors must gram and virtually all insurance carriers in century to achieve the high standards that meet the individual State requirements and the United States provide policies covering are now evident. pass a State Board examination for licen- chiropractic care. Chiropractors perform dis- sure. ability evaluation for the courts and work- September 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1799 SENATE COMMITTEE MEETINGS Judiciary SEPTEMBER 22 To hold hearings on S. 483, to amend Fed- Title IV of Senate Resolution 4, 10:00 a.m. eral copyright provisions regarding Judiciary agreed to by the Senate on February 4, preemption of laws concerning dura- Constitution, Federalism, and Property 1977, calls for establishment of a sys- tion of copyrights. Rights Subcommittee tem for a computerized schedule of all SD–226 To resume hearings to examine the sta- meetings and hearings of Senate com- Veterans’ Affairs tus and future of affirmative action, fo- mittees, subcommittees, joint commit- Business meeting, to consider rec- cusing on minority contracting. tees, and committees of conference. ommendations which it will make to SD–226 This title requires all such committees the Committee on the Budget with re- to notify the Office of the Senate Daily spect to spending reductions and reve- SEPTEMBER 26 Digest—designated by the Rules Com- nue increases to meet reconciliation 9:30 a.m. mittee—of the time, place, and purpose expenditures as imposed by H. Con. Commerce, Science, and Transportation of the meetings, when scheduled, and Res. 67, setting forth the Congressional Oceans and Fisheries Subcommittee any cancellations or changes in the Budget for the United States Govern- To hold oversight hearings on the science ment for fiscal years 1996, 1997, 1998, meetings as they occur. of slow management and hatchery 1999, 2000, 2001, and 2002, and to consider supplementation, focusing on the re- As an additional procedure along other pending business. covery of Snake River anadromous spe- with the computerization of this infor- SR–418 cies. mation, the Office of the Senate Daily 2:00 p.m. SR–253 Digest will prepare this information for Judiciary 10:00 a.m. printing in the Extensions of Remarks Terrorism, Technology, and Government Judiciary section of the CONGRESSIONAL RECORD Information Subcommittee To hold hearings to review the incident on Monday and Wednesday of each To continue hearings to examine certain which occurred in Waco, Texas. week. Federal law enforcement actions with SD–106 regard to the 1992 incident at Ruby Meetings scheduled for Tuesday, Sep- SEPTEMBER 27 tember 19, 1995, may be found in the Ridge, Idaho. SD–G50 9:30 a.m. Daily Digest of today’s RECORD. 2:30 p.m. Energy and Natural Resources MEETINGS SCHEDULED Small Business Business meeting, to consider pending To continue hearings to examine tax is- calendar business. sues impacting small business. SD–366 SEPTEMBER 20 SR–428A Environment and Public Works 9:30 a.m. To hold hearings on the nomination of Energy and Natural Resources SEPTEMBER 21 Kathleen A. McGinty, of Pennsylvania, Business meeting, to consider pending to be a Member of the Council on Envi- calendar business. 9:30 a.m. ronmental Quality. SD–366 Armed Services SD–406 Labor and Human Resources To hold hearings on the nomination of 10:00 a.m. Business meeting, to consider rec- Gen. John M. Shalikashvili, USA, for Judiciary ommendations which it will make to reappointment as Chairman of the To continue hearings to review the inci- the Committee on the Budget with re- Joint Chiefs of Staff. dent which occurred in Waco, Texas. spect to spending reductions and reve- SR–222 SD–106 nue increases to meet reconciliation Commerce, Science, and Transportation expenditures as imposed by H. Con. Business meeting, to consider rec- SEPTEMBER 28 Res. 67, setting forth the Congressional ommendations which it will make to 1:30 p.m. Budget for the United States Govern- the Committee on the Budget with re- Judiciary ment for fiscal years 1996, 1997, 1998, spect to spending reductions and reve- Immigration Subcommittee 1999, 2000, 2001, and 2002, to mark up nue increases to meet reconciliation To hold hearings to examine non-immi- H.R. 1180, to provide for health per- expenditures as imposed by H. Con. grant immigration issues. formance partnerships, and S. 1221, to Res. 67, setting forth the congressional SD–106 authorize appropriations for the Legal budget for the United States Govern- 2:00 p.m. Services Corporation, and to consider ment for fiscal years 1996, 1997, 1998, Judiciary pending nominations. 1999, 2000, 2001, and 2002. To hold hearings on pending nomina- SD–430 tions. Indian Affairs SR–253 To hold oversight hearings on the imple- 10:00 a.m. SD–226 mentation of Title III of the National Banking, Housing, and Urban Affairs Indian Forest Resources Management International Finance Subcommittee SEPTEMBER 29 Act (P.L. 101–630); and to consider the To hold oversight hearings on the dual 10:00 a.m. nomination of Paul M. Homan, of the use export control program. Judiciary District of Columbia, to be Special SD–538 To hold hearings to examine religious Trustee, Office of Special Trustee for Judiciary liberty in the United States. American Indians, Department of the Business meeting, to consider pending SD–226 Interior. calendar business. SR–485 SD–226 OCTOBER 25 Select on Intelligence 2:00 p.m. 10:00 a.m. To hold hearings to examine intelligence Foreign Relations Veterans’ Affairs roles and missions. African Affairs Subcommittee To hold hearings to examine veterans’ SD–G50 To hold hearings to examine the situa- employment issues. 10:00 a.m. tion in Liberia. SR–418 Banking, Housing, and Urban Affairs SD–419 Business meeting, to consider rec- Judiciary ommendations which it will make to Terrorism, Technology, and Government CANCELLATIONS the Committee on the Budget with re- Information Subcommittee spect to spending reductions and reve- nue increases to meet reconciliation To continue hearings to examine certain SEPTEMBER 19 expenditures as imposed by H. Con. Federal law enforcement actions with 9:30 a.m. Res. 67, setting forth the congressional regard to the 1992 incident at Ruby Banking, Housing, and Urban Affairs budget for the United States Govern- Ridge, Idaho. To hold hearings on proposed legislation ment for fiscal years 1996, 1997, 1998, SD–G50 relating to public housing reform. 1999, 2000, 2001, and 2002, and to mark up SD–538 proposed legislation to authorize funds Energy and Natural Resources for the Export Import Bank’s tied aid Business meeting, to consider pending program. calendar business. SD–538 SD–366 E 1800 CONGRESSIONAL RECORD — Extensions of Remarks September 18, 1995 POSTPONEMENTS the Committee on the Budget with re- ment for fiscal years 1996, 1997, 1998, spect to spending reductions and reve- 1999, 2000, 2001, and 2002. SEPTEMBER 19 nue increases to meet reconciliation SR–328 expenditures as imposed by H. Con. 9:00 a.m. Agriculture, Nutrition, and Forestry Res. 67, setting forth the congressional Business meeting, to consider rec- budget for the United States Govern- ommendations which it will make to Monday, September 18, 1995 Daily Digest Senate Agriculture employees to grade or inspect tobacco or Chamber Action to administer price support functions for tobacco. Routine Proceedings, pages S13677–S13747 Pages S13702±04, S13711 Measures Introduced: Nine bills were introduced, (4) Brown Amendment No. 2690, to limit the use as follows: S. 1250–1258. Page S13728 of funds by the Department of Agriculture to activi- ties that do not interfere with the primacy of state Measures Reported: Reports were made as follows: Reported on Friday, September 15, 1995, during water law. Pages S13711±12 the recess of the Senate. (5) Daschle (for Kerrey/Kohl) Amendment No. H.R. 2127, making appropriations for the Depart- 2686 (to committee amendment beginning on page ments of Labor, Health and Human Services, and 83, line 4, through page 84, line 2), to eliminate Education, and related agencies for the fiscal year provisions providing cotton crop loss disaster pay- ending September 30, 1996, with amendments. (S. ments, and to increase funding for the Rural Com- munity Advancement Program, the Rural Develop- Rept. No. 104–145) Page S13728 Reported today: ment Loan Fund, and for Rural Technology and Co- S. 977, to correct certain references in the Bank- operative Development Grants. (By 37 yeas to 53 ruptcy Code. nays (Vote No. 439), Senate earlier failed to table S. 1111, to amend title 35, United States Code, the amendment.) Pages S13696, S13706±07, S13714±18 with respect to patents on biotechnological processes. Pending: S.J. Res. 20, granting the consent of Congress to Brown Modified Amendment No. 2688 (to com- the compact to provide for joint natural resource mittee amendment beginning on page 83, line 4, management and enforcement of laws and regula- through page 84, line 2), to prohibit the use of tions pertaining to natural resources and boating at funds for salaries and expenses of Department of Ag- the Jennings Randolph Lake Project lying in Garrett riculture employees who carry out a price support or County, Maryland and Mineral County, West Vir- production adjustment program for peanuts. ginia, entered into between the States of West Vir- Pages S13699±S13702 ginia and Maryland. Page S13728 Bryan/Bumpers Amendment 2691, to eliminate funding to carry out the market promotion program. Agriculture Appropriations, 1996: Senate began Pages S13718±25 consideration of H.R. 1976, making appropriations A unanimous-consent agreement was reached pro- for Agriculture, Rural Development, Food and Drug viding for further consideration of the bill and cer- Administration, and related agencies programs for tain amendments to be proposed thereto. Page S13747 the fiscal year ending September 30, 1996, with committee amendments, taking action on amend- Senate will continue consideration of the bill on ments proposed thereto, as follows: Tuesday, September 19, 1995. Pages S13680±S13704, S13705±08, S13710±25 Messages From the President: Senate received the Adopted: following messages from the President of the United (1) Reid Amendment No. 2685, to prohibit the States: use of funds for salaries and expenses of the Board Transmitting the report on the national emer- of Tea Experts. Pages S13694±96 gency with respect to Angola; referred to the Com- (2) Brown Amendment No. 2687 (to committee mittee on Banking, Housing, and Urban Affairs. amendment beginning on page 83, line 4, through (PM–80). Pages S13725±26 page 82, line 2), to eliminate the Board of Tea Ex- Transmitting the report on the national emer- perts. Pages S13697±99 gency with respect to Iran; referred to the Commit- (3) Brown Modified Amendment No. 2689 (to tee on Banking, Housing, and Urban Affairs. committee amendment beginning on page 83, line (PM–81). Pages S13726±27 4, through page 84, line 2), to prohibit the use of Transmitting the notice of the continuation of the funds to pay salaries and expenses of Department of emergency with respect to UNITA; referred to the D 1105 D 1106 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 1995 Committee on Banking, Housing, and Urban Affairs. Scholarship and Excellence in Education Foundation, (PM–82). Page S13727 which was sent to the Senate on January 5, 1995. Nominations Confirmed: Senate confirmed the fol- Page S13747 lowing nominations: Messages From the President: Page S13725 Paul M. Homan, of the District of Columbia, to Messages From the House: Page S13727 be Special Trustee, Office of Special Trustee for American Indians, Department of the Interior. Measures Referred: Page S13727 Pages S13746, S13747 Measures Read First Time: Page S13746 Nominations Received: Senate received the follow- Communications: Page S13727 ing nominations: Jane Bobbitt, of West Virginia, to be an Assistant Statements on Introduced Bills: Pages S13728±43 Secretary of Commerce, vice Loretta L. Dunn, re- Additional Cosponsors: Pages S13743±44 signed. Amendments Submitted: Page S13744 Donna Dearman Smith, of Alabama, to be a Member of the Board of Trustees of the Barry Gold- Authority for Committees: Page S13744 water Scholarship and Excellence in Education Foun- Additional Statements: Page S13744 dation for a term expiring March 3, 1998, vice Record Votes: One record vote was taken today. Howard W. Cannon, term expired. (Total–439) Page S13717 Hazel Rollins O’Leary, of Minnesota, to be the Representative of the United States of America to Recess: Senate convened at 9:45 a.m., and recessed the Thirty-ninth Session of the General Conference at 8 p.m., until 9 a.m., on Tuesday, September 19, of the International Atomic Energy Agency. 1995. (For Senate’s program, see the remarks of the Shirley Ann Jackson, of New Jersey, to be the Al- Acting Majority Leader in today’s RECORD on page ternate Representative of the United States of Amer- S13747.) ica to the Thirty-ninth Session of the General Con- ference of the International Atomic Energy Agency. Nelson F. Sievering, Jr., of Maryland, to be the Committee Meetings Alternate Representative of the United States of America to the Thirty-ninth Session of the General (Committees not listed did not meet) Conference of the International Atomic Energy Agency. BUDGET RECONCILIATION John B. Ritch III, of the District of Columbia, to Committee on Armed Services: Committee completed its be the Alternate Representative of the United States review of certain spending reductions and revenue of America to the Thirty-ninth Session of the Gen- increases to meet reconciliation expenditures as im- eral Conference of the International Atomic Energy posed by H. Con. Res. 67, setting forth the Con- Agency. Page S13747 gressional Budget for the United States Government Nomination Withdrawn: Senate received notifica- for fiscal years 1996, 1997, 1998, 1999, 2000, tion of the withdrawal of the following nomination: 2001, and 2002, and agreed on recommendations Howard W. Cannon, of Nevada, to be a Member which it will make to the Committee on the Budget of the Board of Trustees of the Barry Goldwater thereon. h House of Representatives ed States to continue to thrive, amended (H. Rept. Chamber Action 104–248); and Bills Introduced: Four public bills, H.R. H. Res. 222, providing for the consideration of 2347–2350 were introduced. Page H9132 H.R. 1617, to consolidate and reform workforce de- Reports Filed: Reports were filed as follows: velopment and literacy programs (H. Rept. H.R. 743, to amend the National Labor Relations 104–249). Pages H9116, H9132 Act to allow labor management cooperative efforts that improve economic competitiveness in the Unit- September 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1107 Speaker Pro Tempore: Read a letter from the Suspensions—Votes Postponed: House completed Speaker wherein he designates Representative Miller all debate on motions to suspend the rules and pass of Florida to act as Speaker pro tempore for today. the following measures on which votes were post- Page H9035 poned until Thursday, September 19: Page H9037 Recesses: House recessed at 10:42 a.m. and recon- Shenandoah Valley National Battlefields Part- vened at noon; and recessed at 1 p.m. and recon- nership Act: H.R. 1091, amended, to improve the vened at 3 p.m. Pages H9037, H9050 National Park System in the Commonwealth of Vir- Suspensions: House voted to suspend the rules and ginia; Pages H9075±83 pass the following measures: National Park System Reform Act: H.R. 260, Extension of District Court demonstration amended, to provide for the development of a plan projects: S. 464, to make the reporting deadlines for and a management review of the National Park Sys- studies conducted in Federal court demonstration tem and to reform the process by which areas are districts consistent with the deadlines for pilot dis- considered for addition to the National Park System; tricts—clearing the measure for the President; Pages H9083±97 Pages H9037±38 Providing for the administration of certain Pre- Clarifying rules governing venue: S. 532, to clar- sidio properties: H.R. 1296, amended, to provide for ify the rules governing venue—clearing the measure the administration of certain Presidio properties at for the President; Page H9038 minimal cost to the Federal taxpayers; and Pages H9097±H9104 Encouraging the peace process in Sri Lanka: H. Res. 181, encouraging the peace process in Sri Texas Low-Level Radioactive Waste Disposal Lanka; Pages H9039±40 Compact Consent Act: H.R. 558, to grant the con- sent of the Congress to the Texas Low-Level Radio- Congratulating the People of Mongolia: H. Res. active Waste Disposal Compact. Pages H9104±15 158, amended, congratulating the people of Mongo- lia on the 5th anniversary of the first democratic Committees To Sit: The following committees and multiparty elections held in Mongolia on July 29, their subcommittees received permission to sit dur- 1990; Pages H9040±41 ing proceedings of the House under the 5-minute rule on Tuesday, September 19: Committees on Supporting dispute resolution in Cyprus: H. Banking and Financial Services, Commerce, Govern- Con. Res. 42, amended, supporting a resolution to ment Reform and Oversight, International Relations, the long-standing dispute regarding Cyprus; and the Judiciary, and Resources. Pages H9115±16 Pages H9041±47 Fisheries Conservation and Management Act: Enforce nuclear agreement with North Korea: House completed all general debate on H.R. 39, to H.J. Res. 83, amended, relating to the United amend the Magnuson Fishery Conservation and Man- States-North Korea Agreed Framework and the obli- agement Act to improve fisheries management; but gations of North Korea under that and previous came to no resolution thereon. Consideration will re- agreements with respect to the denuclearization of sume at a later date. Pages H9074±75, H9116±21 the Korean Peninsula and dialogue with the Repub- lic of Korea. Pages H9047±50 Presidential Messages: Read the following mes- sages from the President: Ryan White Care Act amendments: House voted to suspend the rules and pass H.R. 1872, to amend National Emergencies Act: Message wherein he the Public Health Service Act to revise and extend transmits the continuance of the declaration of a na- programs established pursuant to the Ryan White tional emergency with respect to UNITA referred to Comprehensive AIDS Resources Emergency Act of the Committee on International Relations (H. Rept. 1990. Subsequently, S. 641, a similar Senate-passed 104–116); Pages H9121±22 bill, was passed in lieu after being amended to con- National Emergency—Iran: Message wherein he tain the language of the House bill as passed. reports on developments concerning the national Agreed to amend the title of the Senate bill. H.R. emergency with respect to Iran—referred to the 1872 was laid on the table. Pages H9050±68 Committee on International Relations and ordered Alaska Native Claims Settlement Act: House printed (H. Doc. 104–117); and Pages H9122±23 completed all debate on a motion to suspend the National Emergency—Angola: Message wherein rules and agree to the Senate amendment to H.R. he reports on developments concerning the national 402, to amend the Alaska Native Claims Settlement emergency with respect to Angola—referred to the Act; on which the vote was postponed until Tues- Committee on International Relations and ordered day, September 19. Pages H9068±74 printed (H. Doc. 104–118). Pages H9123±24 D 1108 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 1995 Amendments Ordered Printed: Amendments BUDGET RECONCILIATION ordered printed pursuant to the rule appear on pages RECOMMENDATIONS: REVENUE ITEMS H9133–36. Committee on Ways and Means: Began markup of Quorum Calls—Votes: No quorum calls or votes Budget Reconciliation recommendations: revenue developed during the proceedings of the House items. today. Will continue tomorrow. Adjournment: Met at 10:30 a.m. and adjourned at f 7:40 p.m. COMMITTEE MEETINGS FOR TUESDAY, Committee Meetings SEPTEMBER 19, 1995 (Committee meetings are open unless otherwise indicated) CONSOLIDATED AND REFORMED EDUCATION, EMPLOYMENT, AND Senate REHABILITATION SYSTEMS ACT Committee on the Budget, to hold joint hearings with the Committee on Rules: Granted, by voice vote, an open House Committee on the Budget to examine fiscal year rule providing 1 hour of debate on H.R. 1617, Con- 1996 Government operations during funding hiatus, 9:30 solidated and Reformed Education, Employment, a.m., SD–106. and Rehabilitation Systems Act. Committee on Environment and Public Works, business meeting, to consider the nomination of Greta Joy Dicus, The rule makes in order an amendment in the na- of Arkansas, to be a Member of the Nuclear Regulatory ture of a substitute as an original bill for amend- Commission, and reconciliation issues, 9:30 a.m., ment purposes consisting of the text of H.R. 2332. SD–406. The substitute shall be considered by title rather Committee on Governmental Affairs, business meeting, to than by section, and the first six sections and each consider recommendations which it will make to the title shall be considered as read. The rule waives sec- Committee on the Budget with respect to spending re- tion 302(f) (prohibiting consideration of legislation ductions and revenue increases to meet reconciliation ex- providing new entitlement authority in excess of a penditures as imposed by H. Con. Res. 67, setting forth committee’s allocation) and section 401(b) (prohibit- the congressional budget for the United States Govern- ing consideration of legislation providing new enti- ment for fiscal years 1996, 1997, 1998, 1999, 2000, tlement authority which becomes effective during 2001, and 2002, 2:30 p.m., SD–342. the fiscal year which ends in the calendar year in Committee on the Judiciary, Subcommittee on Terrorism, Technology, and Government Information, to resume which the bill is reported) of the Congressional hearings to examine certain Federal law enforcement ac- Budget Act and clause 5(a) of rule XXI (prohibiting tions with regard to the 1992 incident at Ruby Ridge, appropriations in a legislative bill) against the com- Idaho, 10 a.m., SD–G50. mittee amendment in the nature of a substitute. Committee on Small Business, to hold hearings to examine The rule provides for the consideration of the tax issues impacting small business, 2:30 p.m., SR–428A. manager’s amendment printed in the Rules Commit- Committee on Veterans’ Affairs, to hold joint hearings tee report, which is considered as read, not subject with the House Committee on Veterans’ Affairs to review to amendment or to a division of the question, and the legislative recommendations of the American Legion., is debatable for 10 minutes equally divided between 9:30 a.m., 334 Cannon Building. the proponent and an opponent. If adopted, the NOTICE amendment is considered as part of the base text for further amendment purposes. For a listing of Senate Committee Meetings sched- The rule authorizes the Chair to accord priority in ule ahead, see pages E1799–E1800 in today’s recognition to Members who have preprinted their RECORD. amendments in the CONGRESSIONAL RECORD. Fi- House nally, the rule provides one motion to recommit, Committee on Appropriations, Subcommittee on the Dis- with or without instructions. Testimony was heard trict of Columbia, to mark up fiscal year 1996 appropria- from Chairman Goodling and Representative tions, 2 p.m., H–144 Capitol. McKeon. Committee on Banking and Financial Services, to consider ETHICS INVESTIGATION Budget Reconciliation recommendations, 10 a.m., 2128 Rayburn. Committee on Standards of Official Conduct: Met in ex- Committee on Commerce, to continue markup of Depart- ecutive session to continue to take testimony regard- ment of Commerce Abolition and to begin markup of ing the ethics investigation of Speaker Gingrich. Power Marketing Administrations for transmittal to the Testimony was heard from George Craig, CEO, Committees on the Budget for inclusion in Budget Rec- HarperCollins Publishers, Inc. onciliation, 10 a.m., 2123 Rayburn. September 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1109

Committee on Government Reform and Oversight, Sub- 1995, 10 a.m.; and to consider the following: Conference committee on Government Management, Information, Report to accompany H.R. 1817, making appropriations and Technology, to mark up the following bills: Title I for military construction, family housing, and base re- of H.R. 1756, Department of Commerce Dismantling alignment and closure for the Department of Defense for Act; and H.R. 2234, Debt Collection Improvement Act the fiscal year ending September 30, 1995; and H.R. of 1995, 10 a.m., 2154 Rayburn. 927, Cuban Liberty and Democratic Solidarity Act of Committee on International Relations, to mark up the fol- 1995, 2 p.m., H–313 Capitol. lowing: Response to the House’s Reconciliation Instruc- Committee on Ways and Means, to continue markup of tions; Recommendations with respect to the Dismantle- Budget Reconciliation recommendations: revenue items, ment of the Department of Commerce; H.R. 2070, to 10 a.m., 1100 Longworth. provide for the distribution within the United States of the U.S. Information Agency film entitled ‘‘Fragile Ring Joint Meetings of Life;’’ and a measure to authorize the Transfer of Naval Conferees, on H.R. 1977, making appropriations for the Vessels to Certain Foreign Countries, 10 a.m., 2172 Ray- Department of the Interior and related agencies for the burn. fiscal year ending September 30, 1996, 9 a.m., S–128, Committee on the Judiciary, to mark up H.R. 2202, Im- Capitol. migration in the National Interest Act of 1995, 9:30 Conferees, closed, on H.R. 2126, making appropriations a.m., 2141 Rayburn. for the Department of Defense for the fiscal year ending Committee on Resources, to mark up Budget Reconcili- September 30, 1996, 10 a.m., H–140, Capitol. ation, 11 a.m., 1324 Longworth. Joint Hearing: Senate Committee on the Budget, to Subcommittee on National Parks, Forests and Lands, hold joint hearings with the House Committee on the hearing on the following bills: H.R. 1129, to amend the Budget to examine fiscal year 1996 Government oper- National Trails Systems Act to designate the route from ations during funding hiatus, 9:30 a.m., SD–106. Selma to Montgomery as a National Historic Trail; and Joint Hearing: Senate Committee on Veterans Affairs, to H.R. 924, to prohibit the Secretary of Agriculture from hold joint hearings with the House Committee on Veter- transferring any National Forest System lands in the An- ans’ Affairs to review the legislative recommendations of geles National Forest in California out of Federal owner- the American Legion., 9:30 a.m., 334 Cannon Building. ship for use as a solid waste landfill, 9 a.m., 1334 Long- Commission on Security and Cooperation in Europe, to hold worth. hearings to examine issues affecting United States-Turk- Committee on Rules, September 19, to consider H.R. ish relations, including human rights and the Kurdish 2274, National Highway System Designation Act of situation, 10 a.m., B352 Rayburn Building. D 1110 CONGRESSIONAL RECORD — DAILY DIGEST September 18, 1995

Next Meeting of the SENATE Next meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, September 19 9 a.m., Tuesday, September 19

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following 5 morning business (not to extend beyond 9:30 a.m.), Sen- Suspensions on which votes were postponed on Tuesday, ate will continue consideration H.R. 1976, Agriculture September 18: Appropriations, 1996. H.R. 402, Alaska Native Claims Settlements amend- At 2:15 p.m., Senate will resume consideration of H.R. ments; 4, Welfare Reform, with final passage to occur thereon. H.R. 1091, Shenandoah Valley National Battlefields Partnership Act of 1995; (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- H.R. 260, National Park System Reform Act of 1995; spective party conferences.) H.R. 1296, Providing for the Administration of Cer- tain Presidio Properties; and H.R. 558, Texas Low-Level Radioactive Waste Dis- posal Compact Consent Act; and Consideration of H.R. 1617, Careers Act (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Doolittle, John T., Calif., E1797 Radanovich, George P., Calif., E1797 Farr, Sam, Calif., E1795 Shuster, Bud, Pa., E1793 Bliley, Thomas J., Jr., Va., E1793 Gilman, Benjamin A., N.Y., E1794 Stokes, Louis, Ohio, E1794, E1795 Bonior, David E., Mich., E1796 Goodling, William F., Pa., E1796 Coleman, Ronald D., Tex., E1796 Menendez, Robert, N.J., E1793, E1795

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