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

Vol. 143 WASHINGTON, TUESDAY, JULY 8, 1997 No. 95 House of Representatives The House met at 12:30 p.m. and was the bill (H.R. 2015) ‘‘An Act to provide Law 99–93, as amended by Public Law called to order by the Speaker pro tem- for reconciliation pursuant to sub- 99–151, the Chair, on behalf of the Vice pore [Mr. PETRI]. sections (b)(1) and (c) of section 105 of President, appoints the Senator from f the concurrent resolution on the budg- California [Mrs. FEINSTEIN], as a mem- et for fiscal year 1998,’’ requests a con- ber of the United States Senate Caucus DESIGNATION OF SPEAKER PRO ference with the House on the disagree- on International Narcotics Control. TEMPORE ing votes of the two Houses thereon, The message also announced that The SPEAKER pro tempore laid be- and appoints from the Committee on pursuant to Public Law 101–509, the fore the House the following commu- the Budget: Mr. DOMENICI, Mr. GRASS- Chair announces, on behalf of the Sec- nication from the Speaker: LEY, Mr. NICKLES, Mr. GRAMM, Mr. LAU- retary of the Senate, his appointment WASHINGTON, DC, TENBERG, Mr. CONRAD, and Mrs. BOXER; of James F. Blumstein, of Tennessee, July 8, 1997. the Committee on Agriculture, Nutri- to the Advisory Committee on the I hereby designate the Honorable THOMAS tion, and Forestry: Mr. LUGAR, Mr. Records of Congress. E. PETRI to act as Speaker pro tempore on HELMS, and Mr. HARKIN; the Committee The message also announced that this day. on Banking, Housing, and Urban Af- pursuant to Public Law 104–293, the NEWT GINGRICH, Speaker of the House of Representatives. fairs: Mr. D’AMATO, Mr. SHELBY, and Chair, on behalf of the Democratic f Mr. SARBANES; the Committee on Com- Leader, appoints J. James Exon of Ne- merce, Science, and Transportation: braska, as a member of the Commis- MESSAGE FROM THE SENATE Mr. MCCAIN, Mr. STEVENS, and Mr. sion to Assess the Organization of the A message from the Senate by Mr. HOLLINGS; the Committee on Energy Federal Government to Combat the Lundregan, one of its clerks announced and Natural Resources: Mr. MURKOW- Proliferation of Weapons of Mass De- that the Senate had passed with SKI, Mr. CRAIG, and Mr. BUMPERS; the struction. amendments in which the concurrence Committee on Finance: Mr. ROTH, Mr. f of the House is requested, bills of the LOTT, and Mr. MOYNIHAN; the Commit- House of the following titles: tee on Governmental Affairs: Mr. MORNING HOUR DEBATES H.R. 2014. An act to provide for reconcili- THOMPSON, Ms. COLLINS, and Mr. The SPEAKER pro tempore. Pursu- ation pursuant to subsections (b)(2) and (d) GLENN; the Committee on Labor and ant to the order of the House of Janu- of section 105 of the concurrent resolution on Human Resources: Mr. JEFFORDS, Mr. ary 21, 1997, the Chair will now recog- the budget for fiscal year 1998; and COATS, and Mr. KENNEDY; and the Com- nize Members from lists submitted by H.R. 2015. An act to provide for reconcili- mittee on Veterans’ Affairs: Mr. SPEC- ation pursuant to subsections (b)(1) and (c) of the majority and minority leaders for TER, Mr. THURMOND, and Mr. ROCKE- morning hour debates. The Chair will section 105 of the concurrent resolution on FELLER, to be the conferees on the part the budget for fiscal year 1998. alternate recognition between the par- of the Senate. ties, with each party limited to not to The message also announced that the The message also announced that the exceed 30 minutes, and each Member Senate insists upon its amendment to Senate had passed a bill of the follow- except the majority and minority lead- the bill (H.R. 2014) ‘‘An Act to provide ing title, in which the concurrence of er limited to not to exceed 5 minutes. for reconciliation pursuant to sub- the House is requested: The Chair recognizes the gentleman sections (b)(2) and (d) of section 105 of S. 417. An act to extend energy conserva- from Florida [Mr. STEARNS] for 5 min- the concurrent resolution on the budg- tion programs under the Energy Policy and et for fiscal year 1998,’’ requests a con- Conservation Act through September 30, utes. ference with the House on the disagree- 2002. f ing votes of the two Houses thereon, The message also announced that and appoints from the Committee on pursuant to the provisions of Public FDA AND EPA SHOULD POSTPONE Finance: Mr. ROTH, Mr. LOTT, and Mr. Law 99–93, as amended by Public Law ACTION AFFECTING ASTHMA PA- MOYNIHAN; and the Committee on the 99–151, the Chair, on behalf of the Vice TIENTS Budget: Mr. DOMENICI, Mr. GRASSLEY, President, appoints the Senator from Mr. STEARNS. Mr. Speaker, I rise Mr. NICKLES, Mr. LAUTENBERG, and Mr. Alabama [Mr. SESSIONS], as a member today to bring our colleagues’ atten- CONRAD, to be the conferees on the part of the United States Senate Caucus on tion to the FDA’s proposed policy that of the Senate. International Narcotics Control. would deny asthma patients the medi- The message also announced that the The message also announced that cines they need to help them breathe. I Senate insists upon its amendment to pursuant to the provisions of Public and the gentleman from New Jersey

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.

H4839 H4840 CONGRESSIONAL RECORD — HOUSE July 8, 1997

[Mr. SMITH] expect to propose a resolu- asthmatic patient with a daughter and 3 When Walter Cronkite stepped down tion urging the FDA and the EPA to grandchildren who are also asthmatic, I pro- from anchoring, Charles Kuralt had the postpone action on this matter. test your proposal vehemently. The CFC and opportunity to take the helm but he Mr. Speaker, 30 million people in the the metered dose inhalers have minimal im- pact on the environment, and any one of my turned it down so he could continue to United States today rely on these family could suffer or die because of your see America his way, traveling the for- medications and as each of us know, phasing out the proposal. You will be respon- gotten State highways in his rambling some better than others, these people sible. RV, stopping in the small country use a product called a metered dose in- Another man from Ocala, FL, writes, stores to ‘‘sit a spell.’’ haler, which I will refer to as MDI, to In September 1993, I was discharged from deliver the medications they need into He gave a voice to every American. the hospital under the care of a hospice. I Interviewing the North Carolina their lungs. Over the past 25 years, we had been confined for almost a month with have developed many new treatments viral pneumonia and was being treated with woman who at 104 years old visited for people with asthma, chronic pul- a wide range of medications, including 16 li- nursing homes each week to sing and monary disease, and other airway dis- ters a minute of oxygen. The pulmonary spe- to bring a smile to tired faces. Or the eases that prevent people from breath- cialist who had attended me had given up story of the poor southern family that hope and estimated that I could live for per- ing. In fact, there are now 70 different worked to send all nine kids to college. haps 2 weeks. Needless to say, they were products available in metered dose in- wrong and I survived but my lungs are se- Charles Kuralt believed these families halers. For people who cannot breathe, verely damaged. I have been using three dif- and their stories were not only ‘‘small these products are lifesavers and allow ferent MDI medications ever since my ‘re- town’’ America, they were the very es- people to lead normal lives. covery’ and would not survive without them. sence of America. We understand our- On March 6, 1997, the Food and Drug Great strides have been made in elimination selves and each other better because of Administration surprisingly issued an of these products in refrigeration systems the work he did among us. advance notice of proposed rulemaking and in various aerosol sprays but MDI prod- ucts must be viewed in a totally different An ambassador for North Carolina that sets in motion a process to take way. They are essential to the health of who made us proud, Charles Kuralt is these medications away from patients. many persons as opposed to the other prod- being honored at this moment at a me- According to the FDA, this proposed ucts which were used for comfort or conven- morial service at his alma mater, the rule was developed in collaboration ience. Moreover, reasonable substitutes have with the Environmental Protection been found for nonmedical products. This is University of North Carolina at Chapel Agency because of EPA’s desire to not the case for MDI’s. Potential substitutes Hill. He was a North Carolinian who eliminate all uses of chlorofluoro- must be subjected to the usual comprehen- set out to understand America and sive scrutiny that the FDA applies to all carbons. These are what are called today, after an incredible journey, he medications. I cannot believe that the tiny will come back home to rest beneath CFC’s, which I will refer to them as. amount of CFC’s released by MDI’s would CFC’s are important in this picture produce a detectable level of CFC in the at- the magnolia trees in Chapel Hill. because all metered dose inhalers, ex- mosphere between now and the time a medi- cept one, use CFC’s, a propellant that cally safe substitute can be developed. I urge f gets the medicine from the inhaler can- the FDA and the EPA to postpone action on elimination of CFC’s from metered dose in- ister into the patients’ lungs. Until re- LEGISLATION TO EASE IRS cently, CFC’s were the only propellant halers until such a medically safe substitute is found. BURDEN ON ELECTION OFFICIALS approved by the FDA to do so. In conclusion, another woman from I am told the makers of metered dose Ocala states, The SPEAKER pro tempore. Under inhalers believe that elimination of My life depends on MDI’s and I am never the Speaker’s announced policy of Jan- CFC’s is a worthy goal. Therefore, that without three of them, and they all contain uary 21, 1997, the gentleman from is why the United States and 140 other different medicines. I’m 69 years of age and Pennsylvania [Mr. GEKAS] is recognized countries signed a treaty to phase out I’ve used them most of my adult life and I during morning hour debates for 5 min- CFC’s use. I believe this treaty did a cannot understand the big rush suddenly to utes. good job establishing a process that al- ban the MDI’s. It is frightening to think of lows companies that make products the ban since my very life depends upon it. Mr. GEKAS. Mr. Speaker, it is not an that use CFC’s to develop alternatives Mr. Speaker, these are just a few of overstatement to say that our system and get these to the customers. the 10,000 letters that the FDA has re- of free elections, which is the envy of The treaty went for the big users of ceived. I hope my colleagues will spon- the world and the envy of the history CFC’s first. In the United States we no sor my bill. We must halt the FDA’s of civilization, depends a great deal on longer use CFC’s in hair sprays, air action, which is harmful to patients. the volunteer election system that we fresheners, new cars containing air- f have in manning and womaning the conditioning systems, and new refrig- polls, our election workers who come erators. Some of us here in the House TRIBUTE TO THE LIFE OF from our neighborhoods and who help may question this altogether, but it is CHARLES KURALT every single election day to put done. The SPEAKER pro tempore. Under through a process which, as I say, is The treaty, however, also acknowl- the Speaker’s announced policy of Jan- the envy of the world. Yet over the last edged that some uses were more dif- uary 21, 1997, the gentleman from several years we have found a subtle ficult to phase out. Asthma medicines North Carolina [Mr. PRICE] is recog- threat to these free elections. I say were one of them. So why is the FDA nized during morning hour debates for again I am not overstating it. What has now proposing action that would un- 2 minutes. happened is that the IRS has mandated necessarily move up the time line pro- Mr. PRICE of North Carolina. Mr. that even these workers who only work vided in this international treaty? Speaker, Charles Kuralt was an ambas- once or twice a year, who most of the Why, when FDA’s mission is to provide sador for North Carolina. With a crin- time are senior citizens who have long patients with safe and effective medi- kled road map and a two-man camera since retired and are only helping out cines, is it seeking to ban the safe and crew, he set out to see America. He was in their precincts because they have effective medicines from patients who a wonderfully gifted storyteller and the been requested to and because they story he told was ours. He wanted to require them? want to help out, they are being sub- Thousands of Americans fear this showcase the very best of America, not jected to the same tax regulations as proposed policy. I am keenly aware of the headlines or the lead stories in the the high-earning citizens of our com- the fear my constituents have. A news but the America of ordinary peo- munities. woman in Ocala, my hometown of Flor- ple living extraordinary lives. Charles ida, said, Kuralt knew that many people report A long time ago the Congress took a I understand there is an FDA proposal to on the mayhem of the world, but he step to try to help the situation, to say withdraw certain inhaler medications. As an had a more important story to tell. that if a person earns less than $1,000 a July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4841 year, they would not have to file FICA, Emphysema.’’ Yet while the settlement existing subsidy, yes subsidy, by Amer- the Social Security mandated provi- requires these warnings on tobacco ican taxpayers for promoting overseas sions. What my legislation does is to sold here at home, it makes no effort tobacco sales. Too often in the past take it a step further and to say that to curb the export of death. Federal officials in our own Govern- those who are earning $1,000 or less, As noted in a recent front page arti- ment have been accomplices to export- and most of those people would be cle in the New York Times entitled ing death and disease throughout the found in the category of these election ‘‘Fenced in at Home, Marlboro Man world. Employees of our Government, workers, if they earn $1,000 or less not Looks Abroad’’: paid with our tax money, have pro- only would they not have to comply If there is a heaven for beleaguered ciga- moted tobacco abroad and brought with Social Security as is already the rette manufacturers of the West, it is the de- down advertising restrictions in other law, but now they would not have to veloping markets of eastern Europe, Asia countries that were designed to pre- file the W–4’s in response to the W–2’s and the Middle East, half a world away from vent addicting children and others . . . assertive regulators. . . . and that the local election officials overseas from the very way that they would not have to bother with that if b 1245 have been exploited here at home. they are reasonably certain that the Indeed, in agreeing to settle the law- Third, the International Tobacco Re- people they are employing for these 1- suits brought against them here in sponsibility Act would call on the or 2-day-a-year jobs would not be earn- America, the corporate nicotine deal- United States of America to exercise ing more than the $1,000 that would ers made sure that they retained full some moral leadership on this vital qualify them for the Social Security in authority to promote a nicotine fix issue. If we can achieve an inter- the first place. that hooks kids around the world with national accord to restrict the trade in This is a problem for every single their deadly products, and they are ivory to protect elephant herds around Member of the House and of the Sen- doing that just as fast as they can. the world, surely we can seek accords ate. The election workers are the peo- Since 1990, Philip Morris, for exam- to restrict the marketing of lethal to- ple who make our system work. The ple, has had its sales go up by 4.7 per- bacco products to the world’s children. less we bother them with details that cent here in the United States but This bill would urge the President to are meaningless, the better off we are abroad, it has grown 80 percent. The seek, through the United Nations, an and the better off they are. They will world’s children, the children are the international conference to implement be more easily recruited for these posi- newest target of Big Tobacco’s contin- measures such as those in the proposed tions on the election precinct basis and ued addiction itself to making money settlement agreement to reduce nico- we can be certain that the free elec- at the expense of human lives. Joe tine consumption worldwide. In Japan, tions of which we are so proud can be Camel and the Marlboro cowboy, they one warning label modestly suggests guaranteed. have not gone away; they are just tak- ‘‘let us carefully observe smoking man- So I am offering the legislation. I ing a trip overseas where they will ap- ners.’’ Clearly it would be the ultimate have the cosponsorship of the gen- pear on a billboard next to someone hypocrisy to continue to promote tleman from Texas [Mr. FROST], who is else’s school and on the pages of a death abroad at the same time we ad- well aware of the program that we are youth-oriented magazine in another dress the needs of our own children trying to inject into the system. Now I language. here at home. invite the cosponsorship of others. It is Big Tobacco knows that it can pay As we move toward consideration of a simple in my judgment technical any penalties that we impose in Amer- the proposed tobacco settlement, we amendment to conform to another ica with profits earned at the expense must not default on our obligation as a technical amendment that already is of someone else’s children. That is world leader. We should seize this on the books that would exempt our wrong. If America is to call itself a unique opportunity to act responsibly senior citizen election officials from world leader, it must also lead in the ourselves, while seeking concerted the FICA portions, now we want to ex- battle to save the lives of young chil- international action to limit traffick- clude them from all the paperwork dren from nicotine addiction, and that ing in a highly addictive drug that that has been so burdensome to them leadership means more than just sav- kills more people worldwide than any and to the county officials who have to ing lives in my home State of Texas or other. implement the election laws. in Ohio; it means being concerned f f about the lives of young children in Po- PRESERVE FUNDING FOR THE land or in Korea. INTRODUCTION OF INTER- The tragic consequences of nicotine ARTS NATIONAL TOBACCO RESPON- addiction do not know any national The SPEAKER pro tempore (Mr. SIBILITY ACT OF 1997 boundaries. Tobacco does not discrimi- PETRI). Under the Speaker’s announced The SPEAKER pro tempore. Under nate. It kills people regardless of race, policy of January 21, 1997, the gen- the Speaker’s announced policy of Jan- creed, color or national origin, and tleman from Massachusetts [Mr. uary 21, 1997, the gentleman from American tobacco companies should MCGOVERN] is recognized during morn- Texas [Mr. DOGGETT] is recognized dur- have the responsibility to warn smok- ing hour debates for 5 minutes. ing morning hour debates for 5 min- ers everywhere across this world of the Mr. McGOVERN. Mr. Speaker, some utes. ghastly health effects of their prod- of my colleagues have been arguing Mr. DOGGETT. Mr. Speaker, this ucts. that the Federal Government should week I am introducing the Inter- The International Tobacco Act of bear no responsibility for funding the national Tobacco Responsibility Act. 1997 would take three important steps arts. They claim that the National En- To some, this title will itself appear toward addressing this worldwide dowment for the Arts is a shameful bu- contradictory, for clearly the tobacco health menace. reaucracy, out of touch with the Amer- lobby has never been known to accept First, it would require that American ican people; that it is a bastion of elit- responsibility for the death and disease tobacco companies apply the same ism; that Americans would be better that its products cause. But now, under warning labels to their products sold off without it. the terms of the proposed tobacco set- overseas and their advertisements as Mr. Speaker, those colleagues are tlement, American companies have they are required to do in the United wrong, and I rise today to set the agreed to impose more meaningful la- States. While current United States record straight. beling and warning requirements on law requires labels on domestic ciga- I was in my hometown of Worcester, their products and on their advertise- rette packs, it specifically exempts ex- MA, for the Fourth of July festivities. ments. Under this settlement’s terms, ported cigarettes. This bill would re- Before the fireworks took to the sky, I for the first time cigarette packs will peal that loophole and require labels on sat with 30,000 of my constituents as we carry warnings such as ‘‘Smoking tobacco products produced here or were collectively awed by the Central Kills,’’ which it obviously does; wherever their ultimate destination. Massachusetts Symphony Orchestra ‘‘Smoking is Addictive’’; and ‘‘Smok- Second, the International Tobacco performance. It was a breathtaking ex- ing Causes Cancer, Heart Disease and Responsibility Act would prohibit the perience. The concert was free to the H4842 CONGRESSIONAL RECORD — HOUSE July 8, 1997 public; the music, a gift to everyone modest Federal funding for museums, York to participate in the New York who gathered at East Park. The symphony orchestras, and theater celebration, I carried with me a state- Central Massachusetts Symphony Or- groups across this Nation in the name ment from the President of the United chestra is a beneficiary of grants from of deficit reduction, it has succeeded in States in which he welcomed the gay the Worcester Cultural Commission pouring billions and billions of dollars and lesbian pride celebrations and re- and the Massachusetts Cultural Coun- more into B–2 bombers that even the affirmed his commitment, the Presi- sel which receives funding from the Na- Pentagon says it does not need and dent’s commitment, to fighting anti- tional Endowment for the Arts. does not want. It is absurd. gay and lesbian prejudice. The NEA is not the exclusive funding The former Governor of New York, Bill Clinton is the first President in source for arts in America. The lion’s Mario Cuomo, spoke eloquently about share of their funding comes from pri- the current state of our society. He our history to confront this prejudice. vate individuals and corporations, and said that it is simply a tragedy that so Unfortunately, by the norms of Amer- eliminating the NEA will not eliminate many of our Nation’s children will hear ican political discourse, you generally the arts; but it will curb average Amer- the sounds of gunfire before they hear today get criticized by people when icans’ abilities to access them, to learn the sounds of a symphony. they are unhappy and ignored when and grow from them and to enrich It is not simply a matter of re- you have done something that they their children with them. sources, Mr. Speaker, it is a matter of should be applauding. If the NEA is eliminated, the arts priorities. Each taxpayer contributes President Clinton is entitled to a will become a private enterprise, the less than 70 cents per year to the NEA, good deal of praise for his willingness exclusive domain of the wealthy and and I think that is a small price to pay to confront one of the enduring preju- well connected. The work of the Amer- to protect our heritage and preserve dices that has blighted our ability as a ican theater troops, musicians, paint- our culture. If anything, the NEA actu- nation to fully realize our constitu- ers, writers, and photographers belong ally helps balance the budget. The tional ideals. I believe Mr. Speaker, to every American, not just those who NEA’s investment in the Nation’s arts given the historic nature of this procla- can afford season tickets, private acts as a catalyst for over $3.4 billion mation which I was pleased to get a passes, and A-list invitations. As the in Federal tax revenue. It stimulates copy of from Richard Socarides, a very arts preserve, reinvent and create our local economies and urban renewal. In able aid at the White House who national heritage, they serve each of my district, cities, and towns from worked on these issues, I think it is ap- us. Their creations should be available Worcester to Fall River have witnessed propriate that the President’s state- for all of us to see, hear, feel and expe- the benefits of increased tourism and ment on Gay and Lesbian Pride Cele- rience. The NEA helps make this hap- economic growth as a result of the bration 1997 be shared here in this pen. NEA. Chamber. So I will now, with unani- The growth of museums, dance and What message will we be sending to mous consent, proceed to read the opera companies, symphony orchestras the Nation if the National Endowment President’s celebration: and presenting groups is the direct re- for the Arts is eliminated? To cut the sult of NEA resources. Without the NEA is to reduce our national commit- Warm greetings to all those participating NEA, States like Massachusetts will ment to cultural activity. It is to de- in the 1997 Gay and Lesbian Pride Celebra- become a tale of two cities. Larger crease national visibility for cultural tion. cities like Boston will always find the education, and it may prompt the Throughout America’s history, we have resources to preserve the cultural cen- States and local governments to cut overcome tremendous challenges by drawing ters. It is medium-sized and small the funding for the arts as well. strength from our great diversity. We must cities, it is rural communities like The arts bring people together, heal never believe that our diversity is a weak- those in my district that will suffer communities, and provide us with a ness. The talents, contributions and goodwill without Federal arts funding. common language. Supporting the arts of people from so many different back- One glorious example of the NEA’s is central both to our understanding of grounds have enriched our national life and have enabled us to fulfill our common hopes handiwork is the Worcester Art Mu- past civilizations and to constructing a seum. Because of a $15,000 NEA grant, and dreams. As we stand at the dawn of a shared vision for the future. new century, we must all rededicate our- the Worcester Art Museum was able to In conclusion, if we care that histori- selves to reaching the vital goals of accept- open the landmark exhibition entitled cal monuments will continue to be ance and inclusion. America’s continued suc- Grant Wood: An American master re- treasured and experienced by all, if we cess will depend on our ability to under- vealed. Over 57,000 men, women, and care that traveling exhibitions will stand, appreciate, and care for one another. children throughout the area marveled make it beyond our Nation’s largest We’re not there yet, and that is why our ef- at this exhibition. Free tours were cities, if we care that our children will forts to end discrimination against lesbians given to over 3,800 students and a fam- be able to open the doors to America’s and gays are so important. Like each of you, ily day with hands-on art activities culture and history, if we believe that I remain dedicated to ending discrimination drew close to 2,000 people. Worcester music, drama and visual works, these and preserving the civil rights of every citi- Art Museum is expecting tens of thou- flowers of our national experience must zen in our society. We have begun to wage an sands more people from Massachusetts be made available to all, then we must all-out campaign against hate crimes in and throughout New England to attend support the National Endowment for America, crimes that are often viciously di- exhibitions planned for this coming rected at gay men and lesbians. I have also the Arts. endorsed and fought for civil rights legisla- year, and each of them is being made f tion that would protect gay and lesbian possible through NEA funding. GAY AND LESBIAN PRIDE Americans from discrimination. The Em- The NEA has done much to fund and ployment Nondiscrimination Act now being recognize the educational value of the CELEBRATION 1997 considered in Congress would put an end to arts. Arts in the classroom have been The SPEAKER pro tempore. Under discrimination against gay men and lesbians proven to increase student attendance, the Speaker’s announced policy of Jan- in the workplace, discrimination that is cur- bolster self-esteem, broaden vocabu- uary 21, 1997, the gentleman from Mas- rently legal in 39 States. These efforts reflect lary and boost overall academic sachusetts [Mr. FRANK] is recognized our belief in the right of every American to progress. By teaching about the arts in during morning hour debates for 5 min- be judged on his or her merits and ability, and to be allowed to contribute to society our schools we not only enrich our stu- utes. without facing discrimination on the basis of dents’ cultural education, we actually Mr. FRANK of Massachusetts. Mr. sexual orientation. And they reflect our on- help them learn. I have long been com- Speaker, during the month of June, going fight against bigotry and intolerance mitted to reining in wasteful Govern- gay and lesbian people throughout this in our country and in our hearts. ment spending; but to target the NEA country celebrated our presence in this My Administration’s record of inclusive- as the source of that waste dem- country. That is a tradition that has ness is a strong one, but it is a record to onstrates a fundamental misunder- now gone on for more than 20 years, build on. I am proud of the many openly gay standing of the Federal budget. Sadly, but this year there was one difference. men and lesbians who serve with distinction as this Congress seeks to eliminate the As Herb and I prepared to go to New in my Administration, and their impact will July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4843 continue to be significant in the years ahead. tion from the Clerk of the House of CRAFTING A BALANCED BUDGET I pledge to you that I will continue striving Representatives: RESOLUTION to foster compassion and understanding, OFFICE OF THE CLERK, working not simply to tolerate our dif- (Mr. PALLONE asked and was given HOUSE OF REPRESENTATIVES, ferences, but to celebrate them. permission to address the House for 1 Best wishes for a memorable celebration. Washington, DC, June 30, 1997. Bill Clinton. Hon. NEWT GINGRICH, minute.) Speaker, House of Representatives, b 1300 Mr. PALLONE. Mr. Speaker, now Washington, DC. that we have returned from the Inde- Mr. Speaker, I congratulate the DEAR MR. SPEAKER: Pursuant to the per- pendence Day district work period, ne- President on his willingness to speak mission granted to Clause 5 of Rule III of the gotiators between the House and the out. It is consonant with the many ac- Rules of the U.S. House of Representatives, tions he has taken in a number of areas the Clerk received the following message Senate will get down to business ham- from the Secretary of the Senate on Monday, to ban discrimination and to fight for mering out a final version of the bal- June 30, 1997 at 10:45 a.m.: anced budget resolution. Democrats the right of all Americans, as he said, that the Senate passed without amend- to be judged on their individual merits, ment H.R. 173; have argued in favor of tax cuts pri- without being held back by some irra- that the Senate passed without amend- marily for the middle class while Re- tional prejudice. ment H.R. 649. publicans seem intent on large tax f With warm regards, breaks for their wealthy friends. A re- ROBIN H. CARLE, cent Treasury Department report indi- RECESS Clerk, House of Representatives. cated that in the last year of the Re- f The SPEAKER pro tempore (Mr. publican budget proposal, affluent PETRI). Pursuant to clause 12 of rule I, COMMUNICATION FROM STAFF Americans would be the primary bene- the House will stand in recess until 2 MEMBER OF HON. ROBERT L. ficiaries of the tax cuts. Over half of p.m. LIVINGSTON, MEMBER OF CON- the tax cuts would benefit those mak- Accordingly (at 1 o’clock p.m.) the GRESS ing nearly a quarter of a million dol- House stood in recess until 2 p.m. f The SPEAKER pro tempore laid be- lars and more. President Clinton’s and fore the House the following commu- other Democratic proposals seek to b 1400 nication from Betty S. Barnes, staff as- give more back to the middle class. Our AFTER RECESS sistant for the Hon. ROBERT L. LIVING- tax proposals provide more money for The recess having expired, the House STON, Member of Congress: education expenses and for working was called to order by the Speaker pro HOUSE OF REPRESENTATIVES, families. tempore (Mr. GOODLING) at 2 p.m. Washington, DC, June 25, 1997. Mr. Speaker, the budget negotiators f Hon. NEWT GINGRICH, must move to lighten the burden on PRAYER Speaker, House of Representatives, Washington, DC. low- and middle-income families if The Chaplain, Rev. James David DEAR MR. SPEAKER: This is to formally no- they are to gain the President’s ap- Ford, D.D., offered the following pray- tify you pursuant to Rule L (50) of the Rules proval and not break the promises that er: of the House that I have been served with a were made to working families as part Enable us, O gracious God, to trans- subpoena issued by the District Court for the of this budget deal. late our noble words and affirmations Parish of Orleans, State of Louisiana. After consultation with the General Coun- f into acts and deeds of value and worth. sel, I have determined that compliance is Encourage us to transpose our postures consistent with the privileges of the House. of goodness and charity into food for Sincerely, SUPPORT H.R. 1917, HARDROCK the hungry, shelter for the homeless, BETTY S. BARNES. MINING PROTECTION ACT OF 1997 and peace and security for the trou- f bled. Inspire us to convert our creeds of THE LIBERALS AND TAX CUTS (Mr. GIBBONS asked and was given faith into works of justice and into ac- permission to address the House for 1 (Mr. HEFLEY asked and was given complishments that heal the soul and minute and to revise and extend his re- permission to address the House for 1 comfort every person. Bless us, O God, marks.) minute.) as we seek to be Your people and do Mr. HEFLEY. Mr. Speaker, the last Mr. GIBBONS. Mr. Speaker, mining those deeds that honor You and serve time taxes were cut in the 1980’s sev- is one of the most important and need- people in their need. In Your name we eral things happened. Many people like ed industries in the United States. pray. Amen. to call it the Reagan boom. It followed However, the Bureau of Land Manage- f the tough times people faced in the ment’s decision to enforce a final rule THE JOURNAL 1970’s. on reclamation bonding of hardrock The SPEAKER pro tempore. The During the Reagan boom, 18 million mineral operations is having a negative Chair has examined the Journal of the jobs were created; 18 million jobs were impact on large and small miners alike last day’s proceedings and announces created. Manufacturing production in- as well as their suppliers, contractors to the House his approval thereof. creased by almost 50 percent. These are and the economy. Pursuant to clause 1, rule I, the Jour- good-paying manufacturing jobs, Mr. Mr. Speaker, the good news is that I nal stands approved. Speaker. Incomes went up across the have introduced legislation that will f board. Taken together, we can say that transfer the authority of the Bureau of PLEDGE OF ALLEGIANCE prosperity went up. Land Management to require bonds or Yes, the deficit also went up, but the other financial guarantees for the rec- The SPEAKER pro tempore. Will the dirty little secret that one never ever lamation of mineral operations to gentleman from Mississippi [Mr. WICK- hears the liberals talk about is that State governments. Once again the ER] come forward and lead the House in spending went up, and spending in- current Federal rule is a mandate of the Pledge of Allegiance. creases are what caused the deficit to Mr. WICKER led the Pledge of Alle- increase. action on the States and does not give giance as follows: What about revenues? Why do we not them the option of solving local prob- I pledge allegiance to the Flag of the ask the liberals if revenues increased lems at local levels. My bill will allow United States of America, and to the Repub- or decreased? They increased. States to work in cooperation with lic for which it stands, one nation under God, Why do we not ask them to tell us if miners, contractors and suppliers to indivisible, with liberty and justice for all. develop a strategy that will protect our f tax cuts resulted in revenues going up or going down? They went up. public lands while supporting an indus- COMMUNICATION FROM THE Why do we not ask them to explain try that every American is dependent CLERK OF THE HOUSE to us how the tax cuts caused the defi- upon. I urge my colleagues to support The Speaker pro tempore laid before cit? They did not. Why do we not learn H.R. 1917, the Hardrock Mining Protec- the House the following communica- from experience, Mr. Speaker? tion Act of 1997. We must protect the H4844 CONGRESSIONAL RECORD — HOUSE July 8, 1997 future of mining and the thousands of from Massachusetts (Mr. FRANK) be re- TIME TO BAN LAND MINES jobs it produces for American families. moved as a cosponsor of my bill, H.R. (Mr. MORAN of Virginia asked and f 886. was given permission to address the The SPEAKER pro tempore. Is there TELLING IT LIKE IT IS House for 1 minute and to revise and objection to the request of the gentle- extend his remarks.) (Mr. TRAFICANT asked and was woman from the District of Columbia? Mr. MORAN of Virginia. Mr. Speak- given permission to address the House There was no objection. er, we have to assume greater respon- for 1 minute and to revise and extend f sibility for and take greater leadership his remarks.) PREVIEW OF SPECIAL ORDER against the proliferation of land mines Mr. TRAFICANT. Mr. Speaker, let us COMMEMORATING LIFE OF throughout the world. Land mines were tell it like it is. When monks and nuns BETTY SHABAZZ responsible for one-third of all the cas- who take a vow of poverty give $140,000 ualties in the Vietnam war. Likewise to a presidential campaign, ladies and (Ms. NORTON asked and was given permission to address the House for 1 in the Persian Gulf war, they were re- gentlemen, when a welfare worker who sponsible for one-third of the casual- makes $20,000 a year gives the entire minute.) Ms. NORTON. Mr. Speaker, this com- ties. Already there have been 284 cas- $20,000 to a presidential campaign, ualties due to land mines in Bosnia. something is funny. ing Thursday I will lead a special order on the life of Dr. Betty Shabazz. Her But it is not just professional mili- If that is not enough to freeze your tary forces that suffer from these hor- stir fry, when an Assistant Secretary of tragic death from burns to her body cannot overwhelm her triumphant life. rible instruments of death. Last year Commerce responsible for inter- over 26,000 people were killed or national trade raises 3.5 million Chi- Betty’s life teaches that it is possible to rise against all the odds. She became maimed by land mines. That is one per- nese dollars for a presidential cam- a devoted mother and grandmother and son every 20 minutes. Most of these paign, this is not China-gate, this is a distinguished educator and bearer of victims were not members of the mili- sewer-gate. This is not about Demo- the legacy of a great man. tary. Most of them were children. crats, this is not about Republicans. Like her husband, Malcolm X, Betty Many of these children are victims of This is about national security and Shabazz was not defeated by life’s cruel wars long ended, of conflicts long for- Communists, Communists who may terms but used them to become a bet- gotten, but land mines can stay active have compromised big people in high ter, deeper, stronger person. Malcolm for over 50 years, Mr. Speaker. They places in our Government. left behind racial bitterness and em- will kill children whose parents are not But let me say this, Congress. These braced orthodox Islam and universal even born yet. And even though some Chinese Communists did not provide human rights. Like Malcolm X, Betty countries have more active land mines all those bucks because they are enam- Shabazz took the best of her old life in their territory than people, we con- ored with and love America. Beam me and created a new reality, of devotion tinue to plant 2 million more land up, Mr. Speaker. I say, let the dragon to family, educational excellence, and mines every year. It is time to ban chips fall where they may. human rights. Please join me in cele- them. f brating the life of Betty Shabazz this f Thursday in a special order. TREASURY DEPARTMENT LIKENED CYPRUS PEACE TALKS TO OLIVER STONE IN TAX CUT f (Mr. PAPPAS asked and was given DEBATE TAX RELIEF FOR THE MIDDLE permission to address the House for 1 (Mr. BALLENGER asked and was CLASS minute and to revise and extend his re- given permission to address the House (Mr. TIAHRT asked and was given marks.) for 1 minute.) permission to address the House for 1 Mr. PAPPAS. Mr. Speaker, this week Mr. BALLENGER. Mr. Speaker, minute and to revise and extend his re- Greek Cypriot President Glafcos White House figures showing that the marks.) Clerides, and Rauf Denktash, the Turk- tax cut package mainly benefits the Mr. TIAHRT. Mr. Speaker, I have ish Cypriot leader, have agreed to meet rich have as much credibility as an Oli- seen information from the 1996 Statis- in upstate New York to start serious ver Stone movie. Like Oliver Stone, tical Abstract of the United States, bilateral peace negotiations. the Treasury Department has decided and on page 461 is a table of statistics It has been 23 years since the Turkish to make stuff up. that shows the median household in- invasion of the Island of Cyprus, and a It is even worse than that. Like Oli- come in 1994, the latest year of which significant military presence on both ver Stone, the Treasury Department figures are available, was $32,264. An sides still remains. It is my hope that uses tax numbers in a way that delib- American household earning $32,264 is the discussions will concentrate on the erately is designed to deceive. Again about as middle class as middle class removal of Turkish troops, the restora- like Oliver Stone, the Treasury Depart- can be. tion of the territorial integrity of the ment is counting on the fact that most So the question I have is should mid- Republic of Cyprus, and the implemen- people will not be able to tell the dif- dle-class households, such as one earn- tation of a constitutional democracy. ference between what is the truth and ing $32,264 a year, be given tax relief? Just as neighboring Greece, the what is fiction. Should Washington spend a little bit birthplace of my grandparents, is the I am talking about the Treasury De- less money so that families with in- birthplace of democracy, it is very im- partment’s fraudulent use of family comes of about $32,000 a year can have portant that Cyprus serve as another economic income, a new, ingenious way a little more? cradle of democracy in southeast Eu- to make middle-class families look I think we should. I think we should rope. rich. Family economic income, you let middle-income families keep a lit- Today marks a positive first step for- ask? What is that? tle more of what is already theirs, ward. Opening a line of communication Now you begin to see what I am talk- their hard-earned money, and that tax can only lead to greater understanding. ing about. Oh, sure, imputed rent in- relief package that was passed by Con- Mr. Speaker, I wish both sides well come, unreported income you never gress was designed exactly for the mid- and hope for a lasting and peaceful res- knew you had, unrealized capital gains dle class. olution for the people of Cyprus. you never knew you had. Stuff like My mind keeps going back to the sin- f that. It is so dishonest it would make gle mother working at an aircraft com- b 1415 even Oliver Stone proud. pany in Wichita, KS. She has three A TAX SYSTEM THAT REWARDS f children. She is working hard trying to keep the three kids in school, properly AMERICAN VIRTUES REMOVAL OF NAME OF MEMBER clothed, never going hungry, living in a (Ms. DUNN asked and was given per- AS COSPONSOR OF H.R. 886 good home. Should she be able to keep mission to address the House for 1 Ms. NORTON. Mr. Speaker, I ask more of her hard-earned money? I minute and to revise and extend her re- unanimous consent that the gentleman think so. Yes, Mr. Speaker, she should. marks.) July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4845 Ms. DUNN. Mr. Speaker, in the huge Mr. FALEOMAVAEGA. Mr. Speaker, this House is a simple one: Who should best seller, ‘‘The Book of Virtues,’’ by this morning the other body started its benefit? President Clinton and the William J. Bennett, the author com- hearings on alleged violations of cer- House Democrats believe that the mid- piles a collection of moral tales for tain individuals and companies about dle class should. That is why the bulk children. Children are taught through our campaign laws, and I want to com- of benefits from the Democratic tax these stories that they should live mend my good friend, the Senator from proposals go to families who need it their lives with concern to moral vir- the great State of Hawaii, Senator most, hard-working, average, middle tues. The lessons they are taught in- DANIEL K. AKAKA, for reminding his class families. My colleagues on the clude such virtues as self-discipline, re- colleagues and Members of this institu- other side of the aisle disagree. Their sponsibility, courage, perseverance, tion to be careful of generalizing the tax proposal helps big business and the and honesty. issues and the implications. Sometimes wealthy at the expense of the middle Mr. Speaker, those are the very vir- the media in its feeding frenzy is ques- class, and the American people know tues that are so often the hallmark of tioning the integrity and the honesty it. people who have worked their way up of the entire Asia Pacific community In a recent Gallup Poll 52 percent of from the bottom and have realized the in our Nation, that their honest con- those surveyed say the Republican pro- American dream. They are the virtues tributions made in our national and posal will benefit the rich while only 8 that so often bring about prosperity local elections sometimes are being percent said it would favor the middle and economic security. questioned simply because these Amer- class, and 61 percent said the Repub- Mr. Speaker, in my view designing a icans are of Asian or Pacific ancestry. lican Congress is out of touch with the tax system that rewards those virtues, Let me give my colleagues a little bit American people. that rewards hard work, that rewards of history about the sacrifices of the I urge my colleagues to listen to the playing by the rules, thrift, diligence, Asia Pacific community, and it is message the American people are send- is exactly the kind of tax system that sealed in their blood. ing us. Let us get back in touch with our country needs. The Republican tax The Japanese-Americans of the 100th the American people. Let us pass a tax cut is a step in that direction. It re- battalion, 442d infantry combat troops, bill that puts back money into the wards the virtues that we all admire. It after fighting our enemies in Europe: pockets of average American middle is a statement about how we live our 9,000 Purple Hearts, 560 Silver Stars, 65 class families. lives. Distinguished Service Crosses, and f Let us make a change in that direc- only 1 Medal of Honor. BIPARTISAN SUPPORT FOR CAP- tion, Mr. Speaker, and pass the tax re- I ask my colleagues, let us be careful ITAL GAINS AND ESTATE TAX lief package and encourage the Presi- of generalizing people and the compos- RELIEF dent to sign the tax relief package be- ite view of our Nation here in our coun- fore the Congress. try, and I thank the Speaker for giving (Mr. WICKER asked and was given f me this chance. permission to address the House for 1 f minute and to revise and extend his re- THE REPUBLICAN PARTY STANDS marks.) FOR LOWER TAXES IT IS TIME FOR THE NEA TO SAY Mr. WICKER. Mr. Speaker, I have in (Mr. BOB SCHAFFER of Colorado GOODBYE my hand a letter from Dr. Lester Spell, asked and was given permission to ad- (Mr. CHABOT asked and was given commissioner of agriculture and com- dress the House for 1 minute.) permission to address the House for 1 merce for the State of Mississippi. Dr. Mr. BOB SCHAFFER of Colorado. minute.) Spell is a statewide elected official Mr. Speaker, President Reagan was an Mr. CHABOT. Mr. Speaker, the White elected on the Democratic ticket, and admired figure for many reasons. One House has been sending signals that he asks that Congress provide relief of the reasons he is admired is because the President will veto the Interior ap- from the capital gains tax and reduce he called for tax cuts during the 1980 propriations bill if the National En- the death tax. Commissioner Spell has Presidential campaign and he delivered dowment for the Arts is phased out. this to say about capital gains taxes: on his promises after he became Presi- The NEA, my colleagues will remem- ‘‘This tax has a negative and unfair ef- dent. He did not suddenly discover that ber, is that bureaucratically bloated fect on agricultural families and non- the economy was in worse shape than $100 million-per-year Federal agency agricultural families.’’ he thought and use that as some kind that purports to decide what does or About the estate tax, Commissioner of an excuse not only to cancel the tax does not constitute quality taxpayer- Spell says: ‘‘This tax destroys the hope cuts but actually increase taxes, which funded art. and enthusiasm of free enterprise and is what we saw in 1992. It is time to Can the Republic survive without entrepreneurship.’’ take a cue from Ronald Reagan. government art? I think it probably He goes on to say: ‘‘This year Inde- Mr. Speaker, the Republican Party can, but the President apparently does pendence Day would be much more stands for lower taxes, and my con- not. He feels so strongly about this pet meaningful to all Americans if Con- stituents decided to send me to Wash- program that in order to save it he is gress would reduce capital gains taxes ington because they expect Repub- willing to jeopardize the funding of and move to eliminate the death tax.’’ licans to deliver some long overdue tax such Federal entities as the National Mr. Speaker, the House-passed tax relief to American workers. Now is the Park Service, the Smithsonian, the cut is good for average Americans. time to deliver. The tax bill that the Kennedy Center and the Holocaust Mu- Over 75 percent of the tax relief goes to House is considering contains tax relief seum, all funded in the Interior bill. families between $20,000 and $75,000 in for all taxpayers, with middle class Mr. Speaker, let us not create a legis- annual income. I am glad capital gains families getting the biggest break of lative log jam to satisfy the elite spe- and estate tax relief are part of this all. Regardless of income, the Repub- cial interests in the arts community. package, and I commend Commissioner lican Party thinks our constituents Let us say goodbye to the NEA once Lester Spell for pointing out the bipar- should keep more of it. That was Ron- and for all, and let us hope that Presi- tisan support for these provisions. ald Reagan’s philosophy, and I could dent Clinton does not stand in the way. f not agree more. f THE FAMILY ECONOMIC INCOME f PASS A TAX BILL THAT PUTS CONCEPT BE CAREFUL OF GENERALIZING MONEY BACK IN THE POCKETS (Mr. BARTLETT of Maryland asked AMERICANS OF PACIFIC OR OF AVERAGE AMERICANS and was given permission to address ASIAN ANCESTRY (Ms. DELAURO asked and was given the House for 1 minute and to revise (Mr. FALEOMAVAEGA asked and permission to address the House for 1 and extend his remarks.) was given permission to address the minute.) Mr. BARTLETT of Maryland. Mr. House for 1 minute and to revise and Ms. DELAURO. Mr. Speaker, when it Speaker, maybe some of my liberal extend his remarks.) comes to tax cuts the question before friends on the other side of the aisle H4846 CONGRESSIONAL RECORD — HOUSE July 8, 1997 can help me with a problem I am hav- Day festivities, a 33-year-old Buffalo derstood that spreading free markets ing. I am trying to get to the bottom of firefighter, Michael Sequin, reported to and free trade promoted prosperity and this family economic income business. duty at engine 33. Unfortunately, fire- political reform. It was good for Amer- For example, if I make $45,000 a year fighter Michael Sequin died at the ica. Across the world, the past 18 years and I would like to apply for a loan, scene of a house fire that evening be- have proven Ronald Reagan’s views can I put down $75,000 a year as my in- lieved to be started by illegal fire- correct. come on the loan application form? works. This weekend Mexico held national After all, I heard this great news from Mr. Speaker, at services today fire- elections. For the first time in decades my liberal friends that under this great fighter Sequin was referred to by Cap- three parties, led by the ruling Institu- new economic family income concept I tain Scott Barry this way: ‘‘If you had tional Revolutionary Party, split the am actually much, much richer than I a kid and you wanted him to grow up seats in the Mexican Parliament. A think. to be a person everybody loved and re- non-PRI candidate won the mayoralty Let us take another example. If I spected, it would be Mike Sequin.’’ in Mexico City. make $45,000 a year and I would like to Firefighter Sequin’s tragic death Mr. Speaker, the American people buy a house, and I put down $75,000 a serves as a reminder to all of us of the must recognize that great and positive year as my income on the mortgage ap- dangerous risk firefighters, police offi- political change is proceeding in Mex- plication, will they still send me to jail cers, and all public safety officers face ico under the leadership of President for lying on my form if they check to every day. I ask all the Members of the Ernesto Zedillo. It is not that we ap- see what I really make? House to join me, the gentleman from plaud who is winning the elections, but Mr. Speaker, will I be able to use the New Jersey [Mr. PAPPAS] and the gen- that a full-fledged multiparty democ- family economic income defense? Will tleman from New York [Mr. LAFALCE] racy is emerging on our doorstep. the judge buy that? After all, I can say, in sending our condolences, sym- Cooperation on all fronts, from trade, Wait, judge, the Secretary of the pathies, and grateful thanks to fire- immigration to crime and corruption, Treasury himself said this was an hon- fighter Sequin’s family, friends, and is the only way to continue to build est way to calculate what people really fellow fire fighters in western New the United States-Mexico relationship make. York and all across the country. on a foundation of mutual respect, co- I wonder. f operation and friendship befitting two f great nations. NAFTA, Ronald Rea- STOP POLITICIZING TAX gan’s North American accord, certainly NEED FOR HONEST DEBATE ON REDUCTION TAX CUT ISSUES promotes that process. (Mr. WHITFIELD asked and was f (Mr. WELDON of Florida asked and given permission to address the House was given permission to address the for 1 minute.) b 1430 House for 1 minute and to revise and Mr. WHITFIELD. Mr. Speaker, fi- TAX CUTS IN THE REAL WORLD extend his remarks.) nally, after 16 years, this Congress has Mr. WELDON of Florida. Mr. Speak- passed a tax reduction for the Amer- (Mr. THUNE asked and was given er, the debate we are having about ican taxpayers. permission to address the House for 1 whether or not most of the tax cut goes Listening to the debate on who will minute and to revise and extend his re- to the middle class or to the rich is benefit from the proposed tax reduc- marks.) downright goofy. It should be a simple tion, one would think that the Presi- Mr. THUNE. Mr. Speaker, this last question with an agreed-upon way to dent’s plan and the congressional plan week, I spent most of the week driving score it. There should be a clear-cut were the exact opposite from each some 2,200 miles across my State of answer whether it is primarily the mid- other. The truth of the matter is that South Dakota. I talked to farmers, dle class or the rich who will be able to these bills are quite similar. There are ranchers, small business people, and a keep more of what is already theirs. two basic differences in the legislation. whole lot of just hard-working Ameri- At least when discussing capital First of all, the congressional tax re- cans. They did not want to hear the gains, I could understand some dis- duction package does more for small same old overused trite platitudes agreement, for one can score it two businessmen and women than the about tax cuts for the rich. They want- ways, either by the number of people President’s. Two out of every three ed to know what we are going to do to who are receiving capital gains reduc- jobs created in America today are cre- enable them to keep their families and tions or by the value of their capital ated by small business owners. They their small businesses and what we are gains cut. But in terms of this tax need tax incentives for economic ex- going to do to give them more control package, charges that the majority of pansion, not tax obstacles. The Presi- over their economic future. These are the tax cut goes to the wealthy are dent wants to expand the only refund- real people with real-world concerns, simply ridiculous. able tax credit in the Tax Code, the and they want real-world, honest an- Democrat class warriors in the earned income credit. swers, not the same old trite plati- Treasury Department are using bogus These are the two basic differences in tudes. numbers. Redefining household in- the legislation. Let us stop politicizing We want to bring tax relief that will comes so that people making $45,000 a this issue and reduce the tax burden of improve the quality of life for all hard- year are scored as actually making the American people. working Americans who pay taxes and $75,000 a year is nothing short of scan- f make Government smaller. dalous. Imagine trying to convince a f FREE MARKETS PROMOTE PROS- shipyard worker that he is actually PERITY AND POLITICAL REFORM CORRECTIONS CALENDAR making $30,000 a year more than he thinks he is making. It is downright (Mr. DREIER asked and was given The SPEAKER pro tempore (Mr. dishonest. permission to address the House for 1 GOODLING). This is the day for the call f minute and to revise and extend his re- of the Corrections Calendar. marks.) The Clerk will call the bill on the IN MEMORY OF FIREFIGHTER Mr. DREIER. Mr. Speaker, in Novem- Corrections Calendar. MICHAEL SEQUIN ber 1979, when he announced his can- f (Mr. QUINN asked and was given per- didacy for President of the United mission to address the House for 1 States, Ronald Reagan called for the PROHIBITING ILLEGAL ALIENS minute and to revise and extend his re- creation of the world’s largest free FROM RECEIVING RELOCATION marks.) trade zone, the North American accord. ASSISTANCE Mr. QUINN. Mr. Speaker, last Friday His vision of the United States, Can- The Clerk called the bill (H.R. 849) to while most of western New York State ada, and Mexico working together as prohibit an alien who is not lawfully and Buffalo, NY, and indeed across the friends in peace and prosperity was present in the United States from re- country were enjoying Independence more than fanciful conjecture. He un- ceiving assistance under the Uniform July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4847 Relocation Assistance and Real Prop- ‘‘(d) LIMITATION ON STATUTORY CONSTRUC- location Assistance Act consistent erty Acquisition Policies Act of 1970. TION.—Nothing in this section may be con- with last year’s immigration reform The Clerk read the bill, as follows: strued to affect any rights available to a dis- bill. placed person under any other provision of Working together with the ranking H.R. 849 Federal or State law.’’. Be it enacted by the Senate and House of Rep- Democratic member on our committee, SEC. 2. DUTIES OF LEAD AGENCY. the gentleman from Minnesota, Mr. resentatives of the United States of America in Section 213(a) of the Uniform Relocation Congress assembled, Assistance and Real Property Acquisition JIM OBERSTAR, and the principal spon- SECTION 1. DISPLACED PERSON DEFINED. Policies Act of 1970 (42 U.S.C. 4633(a)) is sor, the gentleman from California Mr. Section 101(6)(B) of the Uniform Relocation amended— RON PACKARD, we have crafted a bipar- Assistance and Real Property Acquisition (1) by redesignating paragraphs (2), (3), and tisan bill to correct this problem. Policies Act of 1970 (42 U.S.C. 4601(6)(B) is (4) as paragraphs (4), (5), and (6), respec- As reported by the committee, H.R. amended— tively; and 849 contains a general provision prohib- (1) by striking the period at the end of (2) by inserting after paragraph (1) the fol- iting illegal aliens from receiving relo- clause (ii) and inserting ‘‘; and ’’; and lowing: (2) by adding at the end the following: cation assistance. It also contains four ‘‘(2) provide, in consultation with the At- important features which clarify the ‘‘(iii) an alien that is not lawfully present torney General (acting through the Commis- in the United States.’’. sioner of the Immigration and Naturaliza- bill’s intent and ensures fair and con- The SPEAKER pro tempore. Pursu- tion Service), through training and technical sistent implementation. ant to the rule, the bill is considered assistance activities, information developed First, the bill will require DOT to read for amendment. with the Attorney General (acting through issue uniform regulations for the im- the Commissioner) on proper implementa- plementation of the bill and to require COMMITTEE AMENDMENT IN THE NATURE OF A tion of section 104; that eligibility determinations be SUBSTITUTE ‘‘(3) ensure that displacing agencies imple- The SPEAKER pro tempore. The made on a nondiscriminatory basis ment section 104 fairly and without discrimi- using only reliable evidence. Clerk will report the amendment in the nation;’’. Second, the bill contains a safety net nature of a substitute recommended by Mr. PETRI (during the reading). Mr. provision that is consistent with exist- the Committee on Transportation and Chairman, I ask unanimous consent ing immigration law. If an illegal alien Infrastructure. that the amendment be considered as can provide clear and convincing evi- The Clerk read as follows: read and printed in the RECORD. dence of an exceptional and extremely Committee amendment in the nature of a The SPEAKER pro tempore. Is there unusual hardship, he or she will remain substitute: Strike out all after the enacting objection to the request of the gen- clause and insert: eligible for relocation assistance. tleman from Wisconsin? Third, the bill makes clear that by SECTION 1. DISPLACED PERSONS NOT ELIGIBLE There was no objection. prohibiting relocation assistance under FOR ASSISTANCE. The SPEAKER pro tempore. Pursu- (a) IN GENERAL.—Title I of the Uniform Re- the Uniform Relocation Assistance location Assistance and Real Property Ac- ant to the rule, the gentleman from Act, we do not intend to take away any quisition Policies Act of 1970 (42 U.S.C. 4601 Wisconsin [Mr. PETRI] and the gen- other rights to compensation that an et seq.) is amended by adding at the end the tleman from Minnesota [Mr. OBERSTAR] illegal alien might have under other following: will each control 30 minutes. Federal or State laws. ‘‘SEC. 104. DISPLACED PERSONS NOT ELIGIBLE The Chair recognizes the gentleman Fourth, the bill directs DOT to pro- FOR ASSISTANCE. from Wisconsin [Mr. PETRI]. vide training to other agencies on how ‘‘(a) IN GENERAL.—Except as provided in Mr. PETRI. Mr. Speaker, I yield my- to implement the provisions of the bill subsection (c), a displaced person shall not self such time as I may consume. fairly and without discrimination. be eligible to receive relocation payments or Mr. Speaker, I am pleased to bring any other assistance under this Act if the Mr. Speaker, I would like to thank displaced person is an alien not lawfully before the House the bill, H.R. 849, a the gentleman from Minnesota [Mr. present in the United States. bill to amend the Uniform Relocation OBERSTAR] and his staff for the cooper- ‘‘(b) DETERMINATIONS OF ELIGIBILITY.— Assistance and Real Property Acquisi- ative way in which they have worked ‘‘(1) ISSUANCE OF REGULATIONS.—Not later tion Policies Act to prohibit illegal with us to craft this bill. This has been than 6 months after the date of the enact- aliens from receiving relocation assist- a truly bipartisan effort. I also note ment of this section, and after providing no- ance associated with Federal projects that the administration has reviewed tice and an opportunity for public comment, and grants. The bill was introduced by the proposal and does not object to it. the head of the lead agency shall issue regu- our esteemed colleague, the gentleman lations to carry out subsection (a). Mr. Speaker, I would also like to ON ACKARD ‘‘(2) CONTENTS OF REGULATIONS.—Regula- from California, Mr. R P , and thank the gentleman from California tions issued under paragraph (1) shall— is cosponsored by 25 additional Mem- [Mr. PACKARD] for sponsoring this leg- ‘‘(A) prescribe the processes, procedures, bers. islation and bringing an important and information that a displacing agency H.R. 849 plugs a loophole left open in issue to the attention of the House. must use in determining whether a displaced last year’s immigration reform bill. H.R. 849 is a good bill that plugs the person is an alien not lawfully present in the That bill prohibits illegal aliens from loophole in Federal law. I would rec- United States; receiving Federal benefits. However, ommend an ‘‘aye’’ vote on the bill. ‘‘(B) prohibit a displacing agency from dis- because the relocation assistance pro- criminating against any displaced person; Mr. Speaker, I reserve the balance of ‘‘(C) ensure that each eligibility deter- vided under the Uniform Relocation my time. mination is fair and based on reliable infor- Assistance Act is technically com- Mr. OBERSTAR. Mr. Speaker, I yield mation; and pensation rather than a benefit, the myself such time as I may consume. ‘‘(D) prescribe standards for a displacing Department of Transportation has con- Mr. Speaker, I certainly concur with agency to apply in making determinations cluded that it cannot legally deny relo- the gentleman from Wisconsin, the relating to exceptional and extremely un- cation assistance to aliens, even if they chairman of the Subcommittee on Sur- usual hardship under subsection (c). are present in the United States ille- face Transportation, that this has been ‘‘(c) EXCEPTIONAL AND EXTREMELY UNUSUAL gally. As a result, such compensation a bipartisan effort. There has been HARDSHIP.—If a displacing agency deter- mines by clear and convincing evidence that has been paid to illegal aliens in sev- splendid cooperation on the part of the a determination of the ineligibility of a dis- eral instances. majority staff with the Democratic placed person under subsection (a) would re- For example, one illegal alien who staff. We welcome that splendid par- sult in exceptional and extremely unusual was relocated according to a Federal ticipation that we have always main- hardship to an individual who is the dis- project was actually given $12,000 in tained in our committee. placed person’s spouse, parent, or child and federally funded relocation assistance. Mr. Speaker, I yield such time as he who is a citizen of the United States or an Mr. Speaker, this approach wastes may consume to the gentleman from alien lawfully admitted for permanent resi- taxpayer money and it makes no sense Ohio [Mr. TRAFICANT], a cosponsor of dence, the displacing agency shall provide relocation payments and other assistance to at all. Federal relocation assistance the bill. the displaced person under this Act if the should not be given to those who are il- Mr. TRAFICANT. Mr. Speaker, I displaced person is otherwise eligible for legally in our country. H.R. 849 will thank the distinguished ranking mem- such assistance. correct this and make the Uniform Re- ber for yielding time to me. H4848 CONGRESSIONAL RECORD — HOUSE July 8, 1997 Mr. Speaker, I want to first of all for relocation assistance. A quirk in law. Today it will be the third bill commend the gentleman from Califor- the law required that $12,000 be paid to passed by the House under this unique nia [Mr. PACKARD] for his brilliant ef- the illegal mother and only $400 to the process. By working with my col- forts to reform the immigration mess American citizens that were displaced leagues, and as a result of the efforts of in the country in a fair and equitable from the very same housing project. the gentleman from California, Mr. way. I think the gentleman from Wis- This is something that I think all RON PACKARD, we were able to identify consin [Mr. PETRI], the chairman, dis- Americans, and certainly, to my the problem and to quickly find a solu- cussed the foundation case that knowledge, all Members of Congress tion. It is the bipartisan nature of the brought the attention and the micro- feel that this ought to be corrected. Corrections Advisory Group that scope to this matter: $12,000 in Federal Mr. Speaker, this bill is simply to makes this targeted action possible. housing assistance went to an undocu- correct that loophole. Mine was not the When the Congress enacted immigra- mented alien. only case. We have researched it and tion reform last year, it spoke clearly: Quite frankly, Mr. Speaker, I think found that there are many, many other No Federal benefits would be paid to we are hung up on the term in the Con- cases where housing assistance, reloca- those who are illegally present in the gress. We are not talking about immi- tion assistance, has been given, and in United States. Unfortunately, an grants. I do not think there is a person some cases the money was given to the anomaly in the housing law allowed re- in the Congress that is opposed to im- illegal alien so they could go down to location benefits to be paid to an ille- migrants. We are all products of immi- Mexico and buy their own home in gal alien to the tune of $12,000. My col- grants. We are talking about illegal Mexico. league, the gentleman from California, immigrants, and we are talking about Mr. Speaker, that is simply uncon- as I mentioned, brought this loophole money for illegal immigrants. And we scionable to the American citizens, to the Congress’ attention, and through had better get on with the discussion, where their tax dollars would be used the bipartisan Corrections Day process because as a Congress we are cutting to go to someone that broke the law to we are able to correct this glaring education, we are cutting welfare, we come into this country, and then they error. are cutting food stamps for our own would receive enough assistance to go The bill clarifies that, if an individ- citizens; but yet, through many loop- down and buy a home in Mexico. Mr. ual is here illegally, that status must holes, we are providing Federal bene- Speaker, I think there is no Member of be taken into account when paying fits and millions and millions of dollars Congress that would not wish to have Federal benefits under the Uniform Re- to illegal immigrants. this corrected. location Assistance and Real Property This is not going to stop all of that. Mr. Speaker, one of the wonderful Acquisitions Policy Act. While the It certainly does not run rampant over parts of this Correction Day procedure, name may sound complicated, the goal anyone’s rights, because the constitu- and I should like to just speak briefly of the bill is clear: Those individuals tional rights were protected by a fine to the merits of having this oppor- who enter the country illegally should agreement, I believe, made with the tunity to bring a noncontroversial bill not receive relocation benefits. gentleman from Wisconsin [Mr. PETRI] that is designed to correct a loophole As chairman of the Corrections Day and the gentleman from Minnesota or a deficiency in existing law, that Advisory Group, it was a pleasure to [Mr. OBERSTAR] that made sure that needs to be done without going through recommend this bill for action. I would this bill would provide an exception for the long and drawn-out procedure of like to thank the gentleman from extreme and unusual hardships, which hearings and committee and sub- Pennsylvania [Mr. SHUSTER], the chair- mirror those that already exist in im- committee activity, and ultimately, man, and the gentleman from Wiscon- migration laws we have recently the debate and so forth, this allows it sin [Mr. PETRI], the subcommittee passed. to be fast-tracked. I very much appre- chairman, and the ranking member, Mr. Speaker, I want to stand here ciate the corrections process that al- the gentleman from Minnesota [Mr. today, and I am very proud to be part lows this. OBERSTAR], for quickly reporting this of the program that brought this to the Mr. Speaker, I deeply appreciate the bill to the House. I would also like to floor. I believe the gentleman from work of the chairman of the committee commend the gentleman from Califor- California [Mr. PACKARD] has done a that has jurisdiction over this issue, nia [Mr. PACKARD] for his diligence in great job and a great service. I hope the gentleman from Wisconsin [Mr. seeing this bill through. I urge my col- Congress will pass it overwhelmingly. PETRI], the gentleman from Minnesota leagues to support the bill. Mr. PETRI. Mr. Speaker, I yield such [Mr. OBERSTAR], the ranking member Mr. PETRI. Mr. Speaker, I yield 3 time as he may consume to the gen- and former chairman of the committee, minutes to our colleague, the gen- tleman from California [Mr. PACKARD]. and all members of the committee that tleman from New Jersey [Mr. PAPPAS]. Mr. PACKARD. Mr. Speaker, I thank worked on this. I deeply appreciate Mr. PAPPAS. Mr. Speaker, I thank the gentleman for yielding time to me. their willingness to accept it and to the gentleman for yielding time to me, Mr. Speaker, I have brought this bill bring it to the floor of the House, and and I thank my colleague, the gen- to the House floor in response to a the staff that also worked on it. I be- tleman from California, for sponsoring loophole, as has been explained, in the lieve it does correct a very important this bill. current immigration and welfare re- deficiency. I hope all Members of Con- Mr. Speaker, Freehold Borough, one form bills that we passed last year. We gress will vote for it. of the towns in my district and the thought we had covered all of the areas Mr. PETRI. Mr. Speaker, I yield 3 hometown of Bruce Springsteen, has that would prevent illegal aliens, those minutes to the gentleman from Michi- experienced firsthand the frustrations who are here in this country illegally, gan [Mr. CAMP], our colleague and of a bloated Washington bureaucracy from receiving taxpayer-funded bene- chairman of the Corrections Advisory that seems intent on wasting their fits; but we apparently missed this one Group. hard-earned tax dollars. As part of a area where $12,000 in my district was Mr. CAMP. Mr. Speaker, I thank the plan that took place in 1994 to renew paid to an illegal alien that was being gentleman for yielding time to me. an area by the borough and HUD, the displaced from a housing project when Mr. Speaker, it is with great pleasure borough discovered that some of the the housing project was being con- that I rise under the Corrections Cal- families they helped relocate while im- verted into an AIDS Housing Program, endar. The Corrections Advisory Group provements were being made turned another government program. HUD de- is responsible for identifying and elimi- out to be people that were living in termined that the relocation require- nating outdated or unnecessary laws, this country illegally. As a result, the ments require them to pay benefits or rules, and regulations. With over 67,000 taxpayers of Freehold Borough ended relocation costs and assistance to this pages of regulations alone, we have a up paying over $60,000 of their hard- illegal family. lot of work to do. earned income and property tax dollars Mr. Speaker, at the same time there The bill before us today is the third to people who had broken the law. were legal families, legal residents, bill to be considered under the Correc- Just last week we celebrated cost-of- citizens of the United States, that were tions Calendar. It is the third bill to government day, the day in which the in the same project that received $400 correct an outdated or unnecessary average American worker could finally July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4849 celebrate their independence from Gov- on to include important provisions discretion, but we can be certain that ernment taxes and regulations. The that will ensure evenhanded implemen- this narrow flexibility will someday citizens of Freehold Borough and of tation. enable Government agencies and State America worked 183 days to pay for the Mr. PACKARD. Mr. Speaker, will the agencies to provide critically needed services of government. Once again, we gentleman yield? assistance to U.S. citizens and lawful discover another area where the Gov- Mr. OBERSTAR. I yield to the gen- U.S. residents. ernment has wasted their hard-earned tleman from California. I would also note there is a high money. Mr. PACKARD. Mr. Speaker, I want standard for qualifying for this waiver The fact that Freehold Borough prop- to say that the committee and particu- and that the burden of proof is shifted, erty taxpayers had to pick up most of larly the gentleman from Minnesota the burden of proof will rest on the ap- the bill for this Federal policy is sim- made significant improvements on the plicants. ply wrong. Freehold Borough tried to bill, I thought, that left a safety net so This provision is not meant to create get assistance and clarification from that no one would be stripped of any an impossible standard, a bar so high HUD before issuing payment, but the legal opportunities and benefits that that it would preclude assistance to answer from HUD was clear: All dis- would be available to them. I really ap- even the most deserving families which located people, regardless of immigrant preciate the improvements that came include U.S. citizens or lawful U.S. status, were to be paid relocation as- on the bill as a result of the commit- residents. The Department of Trans- sistance. This has happened in other tee’s action. portation must ensure that it will care- I might also mention that I have a parts of the country as well. fully guide agencies in the judicial use letter from the Department of HUD as Additional questions raised by Free- of this provision. well as from OMB that has done an hold as to how this income would be re- Fourth, the bill further requires the interagency review of the bill and they ported and how the borough would doc- Department of Transportation to de- have indicated that the administration ument this expense was referred to the velop training and technical assistance has no objections to the bill as it is IRS: more bureaucracy, more red tape, activities that will help promote im- now submitted. I again want to thank no help, and more waste of the tax- plementation of the ban. Education, in the gentleman for making improve- payers’ money. other words, a very important compo- ments on the original bill. nent, I believe, of this legislation. And As the grandson of legal immigrants, Mr. OBERSTAR. Mr. Speaker, I that will ensure that the many agen- I understand the importance of diver- thank the gentleman. sity and supporting legal immigration. Further to that point, we do have a cies covered under the Uniform Reloca- However, I cannot support measures letter from the administration, from tion Act will understand the complex- that encourage illegal immigration. the Office of Management and Budget, ities of determining eligibility based What does a potential illegal immi- indicating no objection to the legisla- on immigration status. grant think when he or she hears of tion but also indicating that when the We have to remember that the issue stories like this? We should not reward legislation is considered in the Senate, of illegal immigration stirs very deep people who break the law. Support this they would ask for a full year to co- passions across this country. And it is legislation. ordinate and issue implementing regu- a problem that has given rise to appall- ing examples of avoidance of the laws, b 1445 lations for the bill. First, this legislation requires the as the gentleman has pointed out, but Mr. PETRI. Mr. Speaker, I reserve Department of Transportation to issue also appalling examples of blatant dis- the balance of my time. regulations after notice and after op- crimination. We cannot allow a sen- Mr. OBERSTAR. Mr. Speaker, I yield portunity for public comment to speci- sible policy to become a new tool for myself such time as I may consume. fy how the displacing agencies will go discrimination against those who may Mr. Speaker, the underlying premise about determining who is and who is differ from us. If that were the case, as of H.R. 849 is not controversial. Persons not eligible for assistance because of my colleague from Ohio said a little illegally in the United States should their immigration status. The regula- earlier, we are a nation of immigrants, not receive assistance under the Uni- tions must provide that all applicants in particular, in the district that I rep- form Relocation Act. However, as with for assistance will furnish information resent, they come from all parts of the so many of the issues that we face, the about their immigration status, not world; we would certainly not want to devil is in the details and there cer- just those who speak with foreign ac- discriminate against people because of tainly were a number of details that cents or those who have a different where they originated or how they needed closer examination. skin color. All agencies, Federal, speak English with a different accent. When we began several weeks ago to State, or local that use Federal funds The very diversity that has made examine this legislation, several con- for a real estate acquisition that dis- this country strong should not be a cerns arose for me on the details of places people must comply with these pretext for treating people unfairly. how to ensure fair application of such a regulations. And these uniform rules Again, I want to thank Mr. SHUSTER ban when there are dozens of agencies, will apply whether the displacement is and Mr. PETRI as well as Mr. PACKARD Federal and non-Federal, that provide caused by a new highway or a new sen- for their cooperation in addressing assistance under this Uniform Reloca- ior citizen center, to be evenhanded. those concerns that I have had on con- tion Act. Secondly, the bill makes it clear that stitutional grounds, on personal We raised those questions with the the ban is intended to be limited to as- grounds, and for bringing this piece of gentleman from Pennsylvania [Mr. sistance under the Uniform Relocation legislation together. I have no objec- SHUSTER] and with the chairman of the Act. The prohibition on assistance does tion to adoption of the bill now before Subcommittee on Military Construc- not affect a person’s right under the us and urge its enactment. tion of the Committee on Appropria- Constitution to due process or Federal However, on a personal basis, I have tions, our colleague, the gentleman or State law for just compensation for to once again express, as I have repeat- from California [Mr. PACKARD], former taking of property. edly in this Chamber, my opposition to member of our Committee on Trans- Third, the bill provides for a limited this Correction Day calendar proce- portation and Infrastructure, and to- administrative decision in cases of ex- dure. I believe it short-circuits the reg- gether we worked out those concerns. treme hardship. ular legislative process. It abbreviates, In the substitute before us, the com- I insisted that the bill include this it compresses the deliberative nature mittee has crafted language that will provision to ensure that agencies will of the legislative process. And my ensure that this ban will be adminis- have some latitude to respond to com- deepest concern is that in time, with- tered fairly and without discrimination plicated cases where refusing assist- out care and attention, it can become a against applicants for uniform reloca- ance might be devastating to families vehicle for special interest favoritism. tion assistance. The legislation estab- which include U.S. citizens or lawful Bills proposed for this corrections cal- lishes that persons illegally in this U.S. residents. endar, at least those that have come country will not be eligible for Uniform We cannot predict every possible sit- through our Committee on Transpor- Relocation Act assistance. Then it goes uation that may deserve that kind of tation and Infrastructure, could well H4850 CONGRESSIONAL RECORD — HOUSE July 8, 1997 have come up under the suspension cal- for relocation assistance. In this case, the ille- will, however, get $12,000 under the Uniform endar, subjected to a much higher test gal alien was provided $12,000, far more than Relocation Act, which does not consider im- of a two-thirds vote. In this case this the other citizens and legal residents were migration status. ‘‘It has always rubbed me the wrong way, particular bill could well have come up provided for living in the same situation. but there is nothing I can do about it,’’ on the union calendar for a much Immediately, I joined Mr. PACKARD in sup- Goodman said. broader deliberative text test, subject porting this important legislation, which would HUD’s Lahey said, ‘‘It’s kind of crazy.’’ Un- to amendment, open to broader debate deny assistance under the Uniform Relocation documented immigrants are eligible for one and consideration on the House floor Assistance Act to illegal aliens. This common- kind of public aid and not another, she said, and broader test of suitability. sense legislation continues Congress' commit- adding that she wasn’t happy about giving While I think our committee has ment to stopping taxpayer benefits to illegal taxpayer dollars to an undocumented resi- been very judicious in the way it has aliens. Last year, Congress passed the Per- dent, but was not able to do anything about it. handled correction calendar legisla- sonal Responsibility and Work Opportunity Act Explaining the formula used to figure the tion, I personally am, just on a proce- and the Immigration in the National Interest payment, Lahey said if, for example, people dural basis, very much opposed to this Act to stop generous taxpayer benefits from displaced by a federally financed project had process. While I am not going to be ob- being paid to illegal aliens. By passing this an income of $600 a month, they would be ex- structionist about it, I must once again legislation today, we will remove one more pected to pay just under a third of that, or express my reservations and my oppo- magnet which draws illegal aliens to our coun- about $180, for rent. If the rent in the new sition to the practice. But, again, let try and ensure that our limited taxpayers' dol- apartment was $400, they would be entitled me express my appreciation to Mr. lars are focused to our citizens who need help to the difference—$220—for a period of 42 most. months. SHUSTER and Mr. PETRI and to the staff Solorio, 49, from Jalisco, Mexico, had lived on both sides for their deliberate con- Mr. Speaker, I encourage all my colleagues in the South Tremont apartments since July sideration in giving this bill every full to support this commonsense legislation. Vote 1994. It was unclear whether she would be measure of consideration that it would ``yes'' on H.R. 849. subject to deportation. City housing records have had, had we brought it up under [From the San Diego Union-Tribune, Feb. 12, describe her status only as ‘‘undocumented.’’ other procedures. 1997] In an interview, Solorio said, ‘‘My docu- Mr. Speaker, I yield back the balance WOMAN GETS $12,000 IN HOUSING AID DESPITE mentation is in process.’’ She denied seeking any large amount of money and expressed of my time. UNDOCUMENTED STATUS (By Lola Sherman) surprise at the sum due her. Mr. PETRI. Mr. Speaker, in closing I She said she does not work outside the OCEANSIDE.—An Oceanside woman is being would just like to acknowledge the home but takes care of two small children. paid $12,000 in federal housing money to hard work and contribution of a num- She did not disclose her income, but said she move from an apartment complex here even pays $465 a month, plus utilities, in her new ber of people that took this concept though she isn’t a legal resident of the Unit- apartment. In the Tremont apartment, she and worked out a lot of the kinks, if ed States. not every single kink; there may be The woman, Olivia Solorio, is one of a paid $450 including utilities. Her two youngest sons, 13 and 15, live with one or two more that we will be work- dozen individuals or families that were relo- her. All 10 of her children reside in Califor- cated after their former apartments on ing out with the Senate before it goes nia, she said, and she has been here for seven South Tremont Street were bought by Com- to the President for his signature. Paul years. munity Housing of North County, a private, Rosenzweig of our committee, the able Solorio said she has not gotten any sizable nonprofit organization that soon will begin assistant to Mr. PACKARD, and Chris payments as yet. ‘‘I don’t know anything remodeling the complex to house AIDS pa- about it,’’ she added, indicating she has re- Peace and Cordia Strom of the Com- tients. ceived only a small amount for moving ex- mittee on the Judiciary all made out- Most of the other tenants of the apart- penses. standing contributions to getting this ments, all legal residents of the country, But Del Richardson of Del Richardson and moved either to rent-subsidized apartments legislation in proper form. Associates, the Yorba Linda firm in charge or received much smaller relocation pay- Mr. CUNNINGHAM. Mr. Speaker, I rise in of distributing the money under contract to ments. Solorio’s payment of $12,000 was support of H.R. 849, which would prohibit ille- North County Housing, said Solorio has re- largely the result of her undocumented sta- gal aliens from receiving relocation assistance ceived half the $12,000, while a check for the tus and her lack of income, officials ac- other half will be sent to her ‘‘sometime this from the Department of Housing and Urban knowledge. Development [HUD]. This legislation continues City and federal officials, as well as docu- month.’’ Richardson said that Solorio may be un- Congress' commitment to stop providing tax- mented residents ousted from the complex, aware of some of the assistance she has re- say the large payment to Solorio doesn’t payer supported benefits to illegal aliens. ceived because it went directly to the owner Like many of my constituents, I was seem fair. ‘‘It’s the law,’’ said Nancy Lahey, reloca- of her new apartment, for rent and the secu- shocked to read on February 12, 1997, the rity deposit, and was paid to other vendors San Diego Union-Tribune headline ``Immigrant tion specialist in the Los Angeles regional office of the U.S. Department of Housing and for moving costs. But she said Solorio has re- Status No Bar to Housing Aid, Undocumented Urban Development. ‘‘I think it will take an ceived direct payments as well. Horacio Ortiz and Concepcion Diaz, two Tenant To Get $12,000 in Relocation Funds.'' act of Congress to change it.’’ The article, written by Lola Sherman, high- Solorio and the other tenants were moved other former tenants of the South Tremont lights how an illegal alien living in Oceanside, from the 22-unit complex over the last sev- Street apartments, were among four tenants eral months. Work is to begin Feb. 24 on a besides Solorio who either turned down Sec- CA, was provided $12,000 by HUD for reloca- tion 8 housing or were not eligible for it. Be- tion assistance. I have attached the article for $480,000 remodeling project so the complex can house low-income tenants with AIDS. cause both have higher incomes than the RECORD. This illegal alien was living in a Oceanside has funneled $310,750 of its fed- Solorio, Ortiz received $1,512 and Diaz $2,142 public housing complex which was purchased eral housing funds into the remodeling, said from the same fund that will pay Solorio by Community Housing of North County, a pri- Richard Goodman, city housing director. The $12,095, records show. vate, nonprofit organization that is planning to entire project will cost about $1.7 million, Oritz, who lived in the Tremont apart- remodel the complex to provide housing to mostly from federal tax credits offered to in- ments since 1974, isn’t happy about the situa- people with AIDS. The illegal alien and the vestors. Of that, $1.1 million is in so-called tion. ‘‘It’s not fair—she has less time here ‘‘hard costs’’ such as land acquisition and and she doesn’t have (immigration) papers,’’ other members of the public housing complex he said. were to be relocated to other housing by HUD renovation. The rest is for relocation ex- penses, a reserve for future rental assistance Diaz, a resident in the Tremont units since under the Uniform Relocation Assistance Act. for the new tenants and a developer fee to 1982, agreed. ‘‘She doesn’t have papers and Of the other 21 residents of this complex, all North County Housing, formerly called she hasn’t been here very long,’’ she said. legal residents, 10 received no assistance for Esperanza. Mr. PACKARD. Mr. Speaker, illegal aliens relocation. The other 11 either moved into About 10 tenants moved from the apart- should not be rewarded with taxpayer dollars. subsidized housing or received between ments without any assistance. To save When we passed immigration reform legisla- $1,000 and $2,500 in relocation assistance. money on relocation expenses for the re- tion last year, I thought that this was made However, because the illegal alien was not maining 12, Goodman said, officials were crystal clear. Imagine my astonishment when eligible to move into subsidized housing, and able to relocate most of them to Section 8 I read in the San Diego Union-Tribune that an housing, which provides federal rent sub- because the alien had no legal taxable in- sidies. They received no relocation pay- undocumented, unemployed, mother of 10 come, HUD was required to provide the illegal ments. was handed $12,000 in relocation assistance alien the maximum possible Federal subsidy But Solorio does not qualify for Section 8 from the Department of Housing and Urban under the Uniform Relocation Assistance Act housing since she is not a legal resident. She Development [HUD]. July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4851 This woman was living in my district when I, the Chair announces that he will The SPEAKER pro tempore. Pursu- HUD selected her apartment building in postpone further proceedings today on ant to the rule, the gentleman from Oceanside, CA, to be transformed into a low- each motion to suspend the rules on Utah [Mr. HANSEN] and the gentleman income AIDS patient housing project. Under which a recorded vote or the yeas and from America Samoa [Mr. provisions of the Uniform Relocation Act, HUD nays are ordered, or on which the vote FALEOMAVAEGA], each will control 20 was required, like every other Federal agency, is objected to under clause 4 of rule minutes. to either provide alternative housing for dis- XV. The Chair recognizes the gentleman placed residents or grant direct funding to resi- Such rollcall votes, if postponed, will from Utah [Mr. HANSEN]. dents relocating on their own. be taken after debate is concluded on (Mr. HANSEN asked and was given Mr. Speaker, many of those displaced by all motions to suspend the rules but permission to revise and extend his re- the project were moved into section 8 housing not before 5 p.m. today marks.) and received an average of $400 in Federal f Mr. HANSEN. Mr. Speaker, I yield rent subsidies. However, because the Uniform myself such time as I may consume. REGARDING THE FRANKLIN Mr. Speaker, S.J. Res. 29 directs the Relocation Act does not consider citizenship DELANO ROOSEVELT MEMORIAL status when doling out relocation assistance, Secretary of the Interior to plan and Mr. HANSEN. Mr. Speaker, I move to this undocumented woman received $12,000 construct the addition of a permanent suspend the rules and pass the Senate simply because she was residing in this coun- statue, bas-relief, or other similar joint resolution (S.J. Res. 29) to direct try illegally. structure to the present Franklin Dela- the Secretary of the Interior to design When the Government goes out of its way no Roosevelt Memorial in Washington, and construct a permanent addition to to hand out free money to illegal aliens, it DC, to recognize that President Roo- the Franklin Delano Roosevelt Memo- should be no surprise that our Nation contin- sevelt’s leadership was provided to the rial in Washington, DC, and for other ues to suffer from the devastating effects of il- Nation while he was a disabled individ- purposes. ual using a wheelchair. legal immigration. We have no right to expect The Clerk read as follows: our citizens to foot the bill when the Federal The resolution requires that the Sec- S.J. RES. 29 retary, as soon as practicable, report to Government blatantly defies the American tax- Whereas President Franklin Delano Roo- payer. I will not let that continue. Today, we Congress and the President his findings sevelt, after contracting poliomyelitis, re- and recommendations for this addition will consider H.R. 849. I introduced this bill in quired the use of a wheelchair for mobility February to close this loophole which enabled and lived with this condition while leading to the FDR Memorial. The Secretary an illegal alien to receive Federal housing the United States through some of its most may seek the assistance and advice of benefits. I encourage all of my colleagues to difficult times; and the disabled community, the Commis- pledge their support for denying Federal bene- Whereas President Roosevelt’s courage, sion of Fine Arts, and the National leadership, and success should serve as an ex- fits to illegal immigrants. Capital Planning Commission in creat- ample and inspiration for all Americans: ing a final design for this addition to Mr. PETRI. Mr. Speaker, I yield back Now, therefore, be it the balance of my time. Resolved by the Senate and House of Rep- the FDR Memorial. The SPEAKER pro tempore (Mr. resentatives of the United States of America in The Commission of Fine Arts must GOODLING). Pursuant to the rule, the Congress assembled, approve the Secretary of the Interior’s previous question is ordered on the SECTION 1. ADDITION TO FRANKLIN DELANO final design plan. Furthermore, the res- amendment recommended by the Com- ROOSEVELT MEMORIAL. olution requires construction of the ad- mittee on Transportation and Infra- (a) PLAN.—The Secretary of the Interior dition to the FDR Memorial begin 120 (referred to in this Act as the ‘‘Secretary’’) structure and on the bill. days after submission of the report to shall plan for the design and construction of Congress, using only private contribu- The question is on the committee an addition of a permanent statue, bas-relief, amendment in the nature of a sub- or other similar structure to the Franklin tions. stitute. Delano Roosevelt Memorial in Washington, b 1500 The committee amendment in the D.C. (referred to in this Act as the ‘‘Memo- The entire process for the addition to nature of a substitute was agreed to. rial’’), to provide recognition of the fact that The SPEAKER pro tempore. The President Roosevelt’s leadership in the the FDR Memorial must comply with question is on the engrossment and struggle by the United States for peace, well- all of the requirements of the Com- third reading of the bill. being, and human dignity was provided while memorative Work Act of 1986. the president used a wheelchair. Mr. Speaker, S.J. Res. 29 has the The bill was ordered to be engrossed (b) COMMISSION OF FINE ARTS.—The Sec- and read a third time, and was read the strong support of the Clinton adminis- retary shall obtain the approval of the Com- tration. Additionally, this resolution is third time. mission of Fine Arts for the design plan cre- The SPEAKER pro tempore. The ated under subsection (a). heartily endorsed by former Presidents question is on the passage of the bill. (c) REPORT.—As soon as practicable, the Bush, Carter, and FORD. Finally, there The question was taken. Secretary shall report to Congress and the is broad unified support for this resolu- Mr. PETRI. Mr. Speaker, on that I President on findings and recommendations tion within the disabled community. demand the yeas and nays. for the addition to the Memorial. Mr. Speaker, the resolution honors (d) CONSTRUCTION.—Beginning on the date The yeas and nays were ordered. the achievements of President Roo- that is 120 days after submission of the re- sevelt, who served this Nation while The SPEAKER pro tempore. Pursu- port to Congress under subsection (c), using ant to clause 5(b) of rule I, further pro- only private contributions, the Secretary disabled, and I urge my colleagues to ceedings on this question are postponed shall construct the addition according to the support Senate Joint Resolution 29. to a time not earlier than 5 p.m. today. plan created under subsection (a). Mr. Speaker, I reserve the balance of f SEC. 2. POWERS OF THE SECRETARY. my time. To carry out this Act, the Secretary may— Mr. FALEOMAVAEGA. Mr. Speaker, GENERAL LEAVE (1) hold hearings and organize contests; I yield myself such time as I may Mr. PETRI. Mr. Speaker, I ask unani- and consume. (2) request the assistance and advice of (Mr. FALEOMAVAEGA asked and mous consent that all Members may members of the disability community, the have 5 legislative days to revise and ex- Commission of Fine Arts, and the National was given permission to revise and ex- tend their remarks on H.R. 849, the bill Capital Planning Commission, and the Com- tend his remarks.) just considered. missions shall render the assistance and ad- Mr. FALEOMAVAEGA. Mr. Speaker, The SPEAKER pro tempore. Is there vice requested. Senate Joint Resolution 29 is a Senate- objection to the request of the gen- SEC. 3. COMMEMORATIVE WORKS ACT. passed measure that was authored by tleman from Wisconsin? Compliance by the Secretary with this the good Senator from the State of Ha- There was no objection. joint resolution shall satisfy all require- waii, Senator DANIEL INOUYE, and is a ments for establishing a commemorative f companion to H.J.Res. 76, a bill intro- work under the Commemorative Works Act duced by my colleague on the Commit- (40 U.S.C. 1001 et seq.) ANNOUNCEMENT BY THE SPEAKER tee on Resources, the gentleman from PRO TEMPORE SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to New York [Mr. HINCHEY], who is also a The SPEAKER pro tempore. Pursu- carry out this joint resolution such sums as member of the Franklin Delano Roo- ant to the provisions of clause 5 of rule may be necessary. sevelt Memorial Commission. H4852 CONGRESSIONAL RECORD — HOUSE July 8, 1997 The legislation directs the Secretary it had already gone through several plans and find ways to allow disabled visitors to experi- of the Interior to design and construct designs before accessibility even became a ence the same sense of participation and a statue or a similar structure at the consideration. The minds and hearts of our closeness to the Roosevelts as other visitors, FDR Memorial to recognize that Presi- people have opened themselves to the dis- specifically to be able to feel the braille in- dent Roosevelt’s great leadership was abled in a way that I am sure that President scriptions, touch the statues, and enjoy the provided while the President used a Roosevelt would have welcomed. I think this cooling waters as President Roosevelt himself wheelchair. change in law and in attitude has brought did. The resolution gives the Park Service I know that many Members are most of us who were involved with the Memo- flexibility in developing a design for this addi- aware of the controversy that preceded rial close to a consensus that the President's tion, but we hope that the Service will fully the dedication of the FDR Memorial on disability should be acknowledged in the me- take into account the sensibilities of disabled May 2, 1997. Representatives of the dis- morial, and his triumph over it celebrated Americans, and will include a representation abled community have raised concerns along with the many other triumphs of his life as prominent and tangible as the statues that that the memorial did not adequately and work. have already been erected. reflect the President’s disability and President Roosevelt came from the Hudson Mr. KENNEDY of Rhode Island. Mr. Speak- undertook a campaign to see that Valley, as I do, although our families had little er, I would like to take this opportunity to com- President Roosevelt be depicted in a in common. He was a hereditary aristocrat, ment on the importance of Senate Joint Reso- wheelchair to reflect that disability, and grew up on a vast estate overlooking the lution 29, a bill that fully honors the memory which was the result of polio, did not river. He was educated at the best and most of one of our Nation's finest Presidents, Frank- diminish his ability to provide great exclusive schoolsÐGroton and HarvardÐand lin Delano Roosevelt. leadership to our Nation. was groomed for a life of privilege. Yet his Foremost, I want to thank Senator INOUYE of Although the President took actions presidency reached out to all Americans. He Hawaii for introducing this legislation. Senator to play down his disability, he has been displayed a particular concern with the lowly, INOUYE'S leadership and dedication to a proper an inspiration to millions of Americans with those who had little or nothing, those memorial has been second to none. Senator who have seen that a disability need whose lives were a forest of obstacles rather INOUYE has correctly stated that, ``disability is not diminish the ability of an individ- than a vista of opportunity. For this he was a natural part of the human experience and in ual to fully participate in all aspects of called a traitor to his classÐand those of us no way diminishes the right of individuals to life. who toiled to build the railroads and the tow- participate in all aspects of American life * * * The issues addressed by Senate Joint ers, and slogged through the mud, loved him the depiction of President Roosevelt in a Resolution 29 were of great concern to all the more for it. wheelchair will inspire the tragically afflicted. It the disabled community and the FDR I believe that at least part of the reason he may very well be a more honest way to depict Memorial Commission and members of cared so much about those who had to strug- President Roosevelt.'' Such a strong commit- the Roosevelt family. I am glad to see gle was his own struggle after he was stricken ment on the part of Senator INOUYE has al- we have before us today a consensus with infantile paralysis just before he turned lowed us all to pay full tribute to the life of bill that will address this issue in a 40. He made the decision that it would not let Franklin Delano Roosevelt. dignified and thoughtful manner. it stop him. But it also must have made him I also want to thank Representative DON Mr. Speaker, I support the legislation understand and sympathize with those who YOUNG of Alaska, chairman of the House Re- and urge my colleagues for their sup- faced other obstacles and tried to overcome sources Committee, and Representative port of this bill. I thank my good themÐeven if they were not as successful as GEORGE MILLER of California for bringing this friends and the gentleman of the Sub- he was. legislation to the House side in a bipartisan committee on National Parks and Pub- President Roosevelt may have intended to manner. lic Lands for his management of this be more open about his disability once he left Modifying the Franklin Delano Roosevelt bill. office, and no longer felt the need to convey Memorial by adding a permanent statue which Mr. HINCHEY. Mr. Speaker, I rise in support an image of strength to the Nation. He de- depicts him as a citizen with a handicap is es- of the legislation. As the sponsor of the House signed a modest retirement home for himself sential if we are to fully understand the life version of the resolution, I am pleased that it on his estate at Hyde Park. It was at his retire- and times of FDR. The need to erect a perma- has been brought before the House so ment cottage where he held the famous bar- nent addition to the FDR Memorial is twofold. promptly and expeditiously. The Senate has becue for the King and Queen of England. He First, it is imperative to publicly acknowledge already adopted the resolution by unanimous designed the cottage to be handicapped-ac- the great accomplishments of our 32d Presi- consent, and the President has publicly sup- cessible and barrier-freeÐa major innovation dent. And second, a permanent statue sends ported it. I especially want to thank our com- in its time. Had he lived, his home might have a message to our citizens that handicaps do mittee chairman, DON YOUNG, and our sub- served as an example, and might have ad- not limit a person's opportunity for achieve- committee chair, JIM HANSEN, for expediting vanced barrier-free design by several dec- ment. the resolution's consideration, and Dan Smith, ades. FDR's accomplishments as President speak of the committee staff, for his work on this. But as I said, even if his disability was not volumes of the fact that people living with Along with our colleague, PHIL ENGLISH, I widely known when he was alive, it is known handicaps can accomplish their goals. served on the Franklin Delano Roosevelt Me- now. We should not try to hide it again at the Throughout his tenure as President, FDR re- morial Commission, which was responsible for memorial or elsewhere. Instead, we should mained firmly committed to the development the design and construction of the new Roo- show the positive side. We should let today's of all Americans, those with disabilities, and sevelt Memorial. For a long time, the Commis- Americans and future generations know that those without. In his second inaugural ad- sion was ambivalent about whether the memo- an obstacle like the one the President suffered dress, FDR spoke of the ``road of enduring rial should include a depiction of the President can be overcome. We should let them know progress'' on which he claimed that ``mental in his wheelchair. On the one hand, we knew that people with disabilities are people like ev- and moral horizons had been extended.'' For that President Roosevelt did not want to be eryone else, people whose talents and capa- FDR this goal was especially important to portrayed in his wheelchair when he was in of- bilities can benefit everyone else, people who those living with handicaps. Ultimately, FDR fice, and he kept the extent of his disability can lead and can achieve. And we should let sought the advancement of this cause through form the public. On the other, we know that the memorial serve as a place of pride and in- the establishment of a foundation at Warm his disability is certainly no secret today, and spiration for those who do suffer from disabil- Springs, GA, to help other polio victims, and that most Americans find it one of the most in- ities: that someone who shared their burden inspired the March of Dimes program which spiring facts about his life. rose as high as President Roosevelt and funded an effective vaccine. America has changed in the years since achieved as much. To be sure, our country has built upon the President Roosevelt died, and in the years We hope that progress on this addition to legacy of FDR and has come a long way in that the memorial was being planned and the memorial will go forward as expeditiously ensuring the equality of all citizens living with built. Congress enacted the Americans with as this legislation, and that Secretary Babbitt disabilities through programs such as the Disabilities Act, which recognizes and protects and the Park Service will turn their attention to Americans With Disabilities Act and the Indi- the rights of the disabled to full participation in it as quickly as possible. At the same time, I viduals. With Disabilities Education Act. The our society. When the memorial was first con- hope they will review some concerns that FDR Memorial is simply a testament of how ceived, there was no legal requirement that it have been raised about accessibility at the far along the road of progress we have come be made accessible to the handicapped, and memorial now that it is open to the publicÐto as a nation to ensuring that persons living with July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4853 both mental and physical handicaps are enti- hereby adjusted to exclude section 1 of mittee on Resources adopted such lan- tled to equal rights, equal access, and equal Township 23 North, Range 19 East, Willam- guage as an amendments. With this opportunity. ette Meridian. change we support the legislation. The FDR Memorial serves as a reference The SPEAKER pro tempore. Pursu- Again I thank my good friend, the point for those of us who are traveling down ant to the rule, the gentleman from gentleman from Utah, for his manage- the road of progress. FDR renounced fear as Utah [Mr. HANSEN] and the gentleman ment of this legislation and our good it is ``nameless, unreasoning, unjustified terror from American Samoa [Mr. friend from Washington for his spon- which paralyzes needed efforts to convert re- FALEOMAVAEGA] each will control 20 sorship of this bill. treat into advance.'' President Roosevelt's minutes. Mr. Speaker, I reserve the balance of continued renunciation of fear, refusal to crum- The Chair recognizes the gentleman my time. ble, and ability to act decisively and fearlessly from Utah [Mr. HANSEN]. Mr. HANSEN. Mr. Speaker, I yield in spite of the pressures of the Great Depres- Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the gentleman from Washington [Mr. sion and World War II allowed him to develop myself such time as I may consume. Mr. Speaker, H.R. 822, as amended, is HASTINGS], the sponsor of this bill. into one of the finest role models for the peo- (Mr. HASTINGS of Washington asked ple of the United States. a bill introduced by my colleague, the gentleman from Washington [Mr. and was given permission to revise and A permanent statue of FDR as a citizen with extend his remarks.) HASTINGS]. Mr. Hastings has worked a disability will forever inspire all citizens to Mr. HASTINGS of Washington. Mr. hard to make this bill acceptable to forge through our fears and most difficult Speaker, this is a commonsense ap- the administration. The passage of this times. To me it is ironic, yet only fitting, that proach to a small problem, frankly, bill will benefit the people of Washing- during the Great Depression, a time when our that deals with 640 acres in the Nation was in fact disabled, a man living with ton and the people of the United Wenatchee National Forest, where an a handicap, stepped beyond his limitations to States. individual wants to exchange it to po- lead our Nation like no other. Our 32d Presi- H.R. 822 expedites a land exchange tentially put this into development; dent not only lived with a handicap, but did so between a parcel of private property, but he cannot exchange it unless these while being one of the great leaders of our currently within the boundaries of the boundaries are removed because the country. FDR is symbolic of perseverance, Wenatchee National Forest, with the other Federal agency involved, the Bu- and his Presidency is testimony that mental Bureau of Land Management. The For- reau of Land Management, would have and physical handicaps are not impediments est Service boundary needs to be re- input into that process. So this simply to success. moved for a land exchange to occur. removes the boundary to allow nego- In the end, a permanent statue which por- The Forest Service does not have the tiations to start between this individ- trays Franklin Delano Roosevelt as a person authority to remove the boundary ad- ual and BLM. It does not mandate any- with a handicap will be forever a reminder that ministratively, although they state the thing, it just allows the process to disability is part of humanity and in no way re- boundary is no longer needed. The For- start. duces a person's chance of fulfilling his or her est Service also agrees the old bound- I might add that I think this is im- dreams. ary does not contribute to the manage- portant for Chelan County, because up- Mr. HANSEN. Mr. Speaker, I have no ment of the Wenatchee National For- wards of 75 percent of that county is in further requests for time, and I yield est. The BLM has expressed interest in Federal control. An opportunity like back the balance of my time. acquiring the land parcel through ex- this for potential development in the Mr. FALEOMAVAEGA. Mr. Speaker, change in order to consolidate their private sector, I think, is good for Che- I have no further requests for time, and holdings which are adjacent to the pri- lan and I think good for that area. I yield back the balance of my time. vate land. In order for this exchange to Mr. Speaker, I thank the gentleman The SPEAKER pro tempore (Mr. occur, the congressionally authorized from Utah [Mr. HANSEN] for moving ex- GOODLING). The question is on the mo- Forest Service boundary surrounding peditiously on this. tion offered by the gentleman from this private property must be removed. Mr. FALEOMAVAEGA. Mr. Speaker, Utah [Mr. HANSEN] that the House sus- This removal is required to allow an I have no further requests for time, and pend the rules and pass the Senate administrative exchange with the I yield back the balance of my time. joint resolution, Senate Joint Resolu- BLM. Mr. HANSEN. Mr. Speaker, I have no tion 29. Mr. Speaker, this is a noncontrover- further requests for time, and I yield The question was taken. sial measure that is supported by the back the balance of my time. The SPEAKER pro tempore. The Mr. HANSEN. Mr. Speaker, on that I administration, and I urge my col- question is on the motion offered by demand the yeas and nays. leagues to support H.R. 822. the gentleman from Utah [Mr. HANSEN] The yeas and nays were ordered. Mr. Speaker, I reserve the balance of that the House suspend the rules and The SPEAKER pro tempore. Pursu- my time. ant to clause 5 of rule I and the Chair’s pass the bill, H.R. 822, as amended. (Mr. FALEOMAVAEGA asked and The question was taken; and (two- prior announcement, further proceed- was given permission to revise and ex- thirds having voted in favor thereof) ings on this motion will be postponed. tend his remarks.) the rules were suspended and the bill, f Mr. FALEOMAVAEGA. Mr. Speaker, as amended, was passed. FACILITATING A LAND EXCHANGE I yield myself such time as I may A motion to reconsider was laid on WITHIN THE WENATCHEE NA- consume. the table. Mr. Speaker, I want to commend the TIONAL FOREST IN CHELAN f good gentleman from the State of COUNTY, WA Washington [Mr. HASTINGS] for his REQUIRING THE EXCHANGE OF Mr. HANSEN. Mr. Speaker, I move to sponsorship of this legislation. CERTAIN LANDS LOCATED IN suspend the rules and pass the bill Mr. Speaker, H.R. 822 directs that, if HINSDALE, CO (H.R. 822) to facilitate a land exchange the Secretary of the Interior acquires Mr. HANSEN. Mr. Speaker, I move to involving private land within the exte- by exchange certain private lands lo- suspend the rules and pass the bill rior boundaries of Wenatchee National cated within the boundaries of the (H.R. 951) to require the Secretary of Forest in Chelan County, WA, as Wenatchee National Forest, those the Interior to exchange certain lands amended. lands will be administered by the Bu- located in Hinsdale, CO. The Clerk read as follows: reau of Land Management instead of The Clerk read as follows: H.R. 822 the Forest Service. As originally draft- H.R. 951 Be it enacted by the Senate and House of Rep- ed, the bill was opposed by the admin- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in istration. There were discussions dur- resentatives of the United States of America in Congress assembled, ing the committee consideration of Congress assembled, SECTION 1. BOUNDARY ADJUSTMENT, WE- H.R. 822 on an alternative legislative SECTION 1. LARSON AND FRIENDS CREEK EX- NATCHEE NATIONAL FOREST, WASH- CHANGE. INGTON. approach that would statutorily re- In exchange for conveyance to the United The boundary of the Wenatchee National move the acquired lands from the na- States of an equal value of offered lands ac- Forest in Chelan County, Washington, is tional forest boundary, and the Com- ceptable to the Secretary of the Interior H4854 CONGRESSIONAL RECORD — HOUSE July 8, 1997 which lie within, or in proximity to, the Hinsdale County in the State of Colo- the map entitled ‘‘Tulare Redevelopment Handies Peak or Red Cloud Peak Wilderness rado for private lands that are located Agency-Railroad Parcels Proposed to be Ac- Study Areas or the Alpine Loop Backcountry within or in proximity to several wil- quired’’, dated 5/29/97, that formed part of a Bi-way in Hinsdale County, Colorado, the derness study areas and a backcountry railroad right-of-way granted to the South- Secretary of the Interior shall convey to ern Pacific Railroad Company, or its succes- Lake City Ranches, Ltd., a Texas limited bi-way. The bill provides that the ex- sors, agents, or assigns, by the Federal Gov- partnership (in this section referred to as change be of equal value. In addition, ernment (including the right-of-way ap- ‘‘LCR’’), approximately 560 acres of selected as a condition of the exchange, the pri- proved by an Act of Congress on July 27, land located in the same county and gen- vate landowner will keep approxi- 1866). The map referred to in thus subsection erally depicted on a map entitled ‘‘Larson mately 440 of the 560 acres under a con- shall be on file and available for public in- and Friends Creek Exchange’’, dated June servation easement. spection in the offices of the Director of the 1996. The exchange shall be contingent upon The exchange is supported by the Bureau of Land Management. (c) PRESERVATION OF EXISTING RIGHTS OF LCR granting the Secretary a permanent local community, by the environ- conservation easement on the approximate ACCESS.—Nothing in this section shall im- 440 acre Larson Creek portion of the selected mental groups, and the administration. pair any existing rights of access in favor of lands (as depicted on the map) which limits I am unaware of any controversy asso- the public or any owner of adjacent lands future use of such lands to agricultural, ciated with the bill and certainly will over, under or across the lands which are re- wildlife, recreational, or open space pur- support this legislation and urge my ferred to in subsection (a). poses. The exchange shall also be subject to colleagues to do the same. (d) MINERALS.—The United States dis- claims any and all right of surface entry to the standard appraisal requirements and Mr. HANSEN. Mr. Speaker, I have no equalization payment limitations set forth the mineral estate of lands described in sub- further requests for time, and I yield section (b). in section 206 of the Federal Land Policy and back the balance of my time. Management Act of 1976 (43 U.S.C. 1716), and The SPEAKER pro tempore. Pursu- to reviews and approvals relating to threat- Mr. FALEOMAVAEGA. Mr. Speaker, ant to the rule, the gentleman from ened species and endangered species, cultural I have no further requests for time, and Utah [Mr. HANSEN] and the gentleman and historic resources, and hazardous mate- I yield back the balance of my time. from American Samoa [Mr. rials under other Federal laws. The costs of The SPEAKER pro tempore. The FALEOMAVAEGA] each will control 20 such appraisals and reviews shall be paid by question is on the motion offered by minutes. LCR. The Secretary may credit such pay- the gentleman from Utah [Mr. HANSEN] The Chair recognizes the gentleman ments against the value of the selected land, that the House suspend the rules and from Utah [Mr. HANSEN]. if appropriate, pursuant to section 206(f) of pass the bill, H.R. 951. Mr. HANSEN. Mr. Speaker, I yield the Federal Land Policy and Management The question was taken; and (two- Act of 1976 (43 U.S.C. 1716(f). myself such time as I may consume. The SPEAKER pro tempore. Pursu- thirds having voted in favor thereof) Mr. Speaker, H.R. 960, introduced by ant to the rule, the gentleman from the rules were suspended and the bill the gentleman from California [Mr. Utah [Mr. HANSEN] and the gentleman was passed. THOMAS] will give the Tulare Redevel- from American Samoa [Mr. A motion to reconsider was laid on opment Agency the ability to purchase the table. FALEOMAVAEGA] each will control 20 lands within the railroad right-of-way minutes. f that bisects their city. This bill would validate the city’s title to one parcel of The Chair recognizes the gentleman VALIDATING CERTAIN LAND CON- land that they bought from the rail- from Utah [Mr. HANSEN]. VEYANCES IN THE CITY OF road before learning the title was Mr. HANSEN. Mr. Speaker, I yield TULARE, CA myself such time as I may consume. clouded by the Federal Government’s Mr. Speaker, H.R. 951 is a bill intro- Mr. HANSEN. Mr. Speaker, I move to reversionary interest. It would also duced by my colleague, the gentleman suspend the rules and pass the bill allow the railroad to pass clear title to from Colorado [Mr. MCINNIS]. Because (H.R. 960) to validate certain convey- parcels of land shown on the referenced of the outstanding effort of the gen- ances in the city of Tulare, Tulare map. tleman from Colorado, this bill is County, CA, and for other purposes, as This legislation is a reasonable solu- agreeable to the administration, to the amended. tion to a difficult problem. The BLM environmental community, and to the The Clerk read as follows: has studied the issue and concluded private property owners. H.R. 960 that the lands in question are best I would also like to commend an- Be it enacted by the Senate and House of Rep- suited for local development as planned other colleague, the gentleman from resentatives of the United States of America in by the redevelopment agency. The gen- Texas [Mr. THORNBERRY], who has Congress assembled, tleman from California has worked added his support to this bill. SECTION 1. FINDINGS. very hard with the BLM to craft a bill H.R. 951 requires the Secretary of the The Congress finds that: that would be satisfactory to all con- Interior to exchange approximately 560 (1) It is in the Federal Government’s inter- cerned. The bill has been amended to acres of Federal land located in Colo- est to facilitate local development of jobs in clarify language that gives the railroad areas of high unemployment. the right to pass clear title to only the rado to Lake City Ranches, Ltd. This (2) Railroad interests in rights-of-way pre- land is currently managed by the Bu- vent local communities from obtaining clear redevelopment agency. Language has reau of Land Management. In return, title to property for development unless the also been removed from the bill that the U.S. Government will receive city also obtains the Federal revisionary in- the administration felt could be con- inholdings within the proposed Handies terest in those rights-of-way. strued as a waiver of environmental Peak or Red Cloud Wilderness Areas, or (3) For development purposes, in order to laws. The current bill would also pre- along the Alpine Loop Backcountry Bi- secure needed financing, the City of Tulare serve the Federal interest in mineral Redevelopment Agency requires clear title way. The BLM is also granted a perma- rights to the lands, while at the same to certain parcels of and within the city’s time disclaiming any right the Govern- nent conservation easement on 440 business corridor that are part of a railroad acres of the lands conveyed to be used right-of-way. ment may have to surface entry to the mineral estate. This gives the city the for agricultural, wildlife, recreation, or SEC. 2. TULARE CONVEYANCE. ability to go forward with planning, fi- open space purposes. (a) IN GENERAL.—Subject to subsections (c) Mr. Speaker, this bill has very wide and (d), all conveyances to the Redevelop- nancing and development. community support and I urge my col- ment Agency of the City of Tulare, Califor- This bill is intended to resolve an un- leagues’ support of H.R. 951. nia, of lands described in subsection (b), usual problem within the city of Mr. Speaker, I reserve the balance of heretofore or hereafter, made directly by the Tulare. The bill is not intended to be my time. Southern Pacific Transportation Company, dispositive of the status of other rail Mr. FALEOMAVAEGA. Mr. Speaker, or its successors, are hereby validated to the properties nor is it intended to set a I yield myself such time as I may extent that the conveyances would be legal general policy for the treatment of or valid if all rights, title, and interest of the railroad grants. Concerns that this ac- consume, and again I commend the United States, except minerals, were held by gentleman from Colorado for his spon- the Southern Pacific Transportation Com- tion would set an undesirable prece- sorship of this legislation. pany. dent regarding railroad right-of-way Mr. Speaker, H.R. 951 provides for the (b) LANDS DESCRIBED.—The lands referred problems are, I believe, therefore un- exchange of certain public lands in to in subsection (a) are the parcels shown on founded. July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4855 This is a good bill. It is long overdue. may help the redevelopment of the to the Federal Government. Parcels approved I urge my colleagues to support it and area, and I hope it does. How much in the past have been of little monetary value allow the Tulare Redevelopment Agen- profit Union Pacific Railroad Co. seizes and were mostly used for private housing. cy to get on with their efforts to facili- from gaining the Federal interest will This legislation will mark the first time that tate development and economic growth presumably be determined through Congress prospectively validated parcels in within their city. price negotiation with the city of this manner before they were sold and before Mr. Speaker, I reserve the balance of Tulare. This legislation reacts to a spe- any party was misled about the title of land my time. cific and unique set of circumstances which it had purchased. Mr. FALEOMAVAEGA. Mr. Speaker, in the city of Tulare. Enactment of this legislation will be the first I yield myself such time as I may In this instance, the Federal Govern- time the United States relinquishes its interest consume and, before addressing the leg- ment has determined that if the rail- in railroad rights-of-way lands for the purpose islation before us, I want to thank the road right-of-way lands were to revert of community redevelopment. By all accounts Speaker for properly pronouncing the to the Federal Government, it would the city of Tulare is in need of revitalization. jurisdiction of the district that I rep- not be interested in managing the land Extinguishing Federal rights to this land may resent, American Samoa. It is not So- and would seek to dispose of the land. help the redevelopment of the area. How malia, Somoya, it is Samoa, and I Passage of this legislation should not much profit Southern Pacific Transportation thank the Speaker for that. be perceived as endorsing the concept Co. realizes from selling the Federal interest Mr. Speaker, I commend the gen- of the Federal Government giving away will presumably be determined through price tleman from California [Mr. THOMAS] public rights without compensation. negotiations with the city of Tulare. for his sponsorship of this legislation. With that statement, Mr. Speaker, It should be noted that this legislation re- The purpose of H.R. 960, introduced by again I urge my colleagues to support sponds to a specific and unique set of cir- the gentleman from California, is to this legislation with those bases of cumstances in the city of Tulare. In this in- allow the city of Tulare in California clarification; and again I thank our stance, the Federal Government has deter- to acquire property to then resell or good friend from California for his dili- mined that if the railroad right-of-way lands lease in order to address redevelopment gence and working closely both with were to revert, the Federal Government would needs. The property in question is a the administrators and with Members not be interested in managing the lands. Pas- railroad right-of-way comprised of a of this side of the aisle. sage of this legislation should not be per- 400-foot-wide corridor which was given The United States gave Southern Pacific ceived as endorsing the concept of the Fed- to Southern Pacific Transportation Transportation Co. an interest in the lands that eral Government giving away public rights Co., now owned by the Union Pacific are the subject of H.R. 960 through a right-of- without just compensation. Mr. Speaker, I reserve the balance of Railroad Co., on a limited fee basis by way granted under the Pacific Railroads Act of July 1, 1862, ch. 120, 12 Stat. 489, as amend- my time. the United States for the construction Mr. HANSEN. Mr. Speaker, I yield ed. Section 2 of the act granted a 400-foot- of a railroad and telegraph line. If and such time as he may consume to the when the right-of-way is no longer used wide right-of-way through the public lands of gentleman from California [Mr. THOM- the United States: ``For the construction of a for the original intent, the property AS], the sponsor of this legislation, who would revert to the United States. Be- railroad and telegraph line.'' has worked many, many hours to bring In Northern Pac. Ry. v. Townsend, 190 U.S. cause Union Pacific Railroad Co., does this to pass. not own this property free and clear, it 267, 271 (1903), the right-of-way grant was (Mr. THOMAS asked and was given cannot convey a clear title unless the characterized as a ``limited fee made on an permission to revise and extend his re- United States relinquishes its interest implied condition of reverter'' in the event that marks.) in the land. the railroad ceased to use the right-of-way for Mr. THOMAS. Mr. Speaker, I thank Under current law, the National the purpose for which it was granted. Under the gentleman for yielding. Trails Systems Act provides that rail- these conditions, if the railroad were to cease Mr. Speaker, I want to thank both road rights-of-way lands, once aban- use of the right-of-way, and a forfeiture were the chairman and ranking member for doned, will remain in the Federal do- declared by the Congress or a judicial pro- taking the time that they have in look- main. Further, the act establishes a ceeding initiated by the Attorney General of ing at this obviously unique situation. mechanism by which these lands can be the United States, the railroad would lose its I think all of us want to underscore the used for recreation purposes or for interest in the land, which would revert to the hours consumed in dealing with this recreation trails. H.R. 960 would pre- Federal Government. issue is because it is a unique situa- empt this law. The National Trails System Act, 16 U.S.C. tion. It probably will remain unique, In the past, Congress has voted to 1241, provides that * * * all right, title, inter- given the definition of unique, and it validate some limited conveyances by est, and estate of the United States in all will not set a precedent. railroad companies. In those cases, pri- rights-of-way * * * shall remain in the United The people in the small community vate landowners bought what they be- States upon the abandonment or forfeiture. of Tulare in the central valley of Cali- lieved to be clear titles to property * * * This act establishes a mechanism by fornia have got to feel comfortable only to find out about the U.S. interest which the reverted land can be used for recre- that people who represent American in the lands when they went to build or ation trails. H.R. 960 would preempt the Na- Samoa and Utah, in their subcommit- resell the property. tional Trails System Act by eliminating the re- tee duties, took enough time to under- versionary interest. stand the uniqueness of this situation b 1515 The city of Tulare wants to buy the right-of- that would allow what would if it were Other instances arose where an adja- way land alongside the railroad to sell or lease precedent-setting be an extremely un- cent landowner mistakenly built a ga- through the city of Tulare Redevelopment usual situation to go forward. I want to rage or add-on to a private home which Agency. The railroad, however, does not own thank both of you for their willingness infringed on the right-of-way. Parcels the landÐthe taxpayers doÐand so the title is to work with my office and my con- approved in the past have been of little not cleared to convey. One parcel in the city stituents. monetary value and were mostly used of Tulare has already been sold by the rail- Mr. Speaker, I am extremely pleased that for private housing. road despite the fact it did not own the land. the House is considering my bill, H.R. 960, This legislation will mark the first This legislation would validate title to the par- today because the bill is an essential step to- time a Congress will prospectively vali- cel already sold as well as prospectively extin- ward giving the city of Tulare, California's date parcels in this manner. Enact- guishing Federal reversion rights on all lands Tulare Redevelopment Agency the tools with ment of this legislation will be the first within the redevelopment plan area, thereby which to end a blight in the city's downtown time the United States relinquishes its giving Southern Pacific Transportation Co. area. This bill will give local people control interest in its railroad right-of-way clear title to sell the lands and to profit from over Federal reversionary interest in railroad lands for the purpose of community de- their disposal. rights of way bisecting the very heart of the velopment. In the past Congress has validated some city, allowing a rural community with high un- By all accounts, the city of Tulare, limited conveyances in situations where the employment to bring in new jobs. CA is in need of revitalization. Extin- new owner purchased the land in good faith H.R. 960 takes a new approach to the com- guishing Federal rights in this land without realizing there was a reversion interest plicated field of Federal land grants because H4856 CONGRESSIONAL RECORD — HOUSE July 8, 1997 of the unusual problem confronting the city of seed mill and family homes on the other side tion in order to obtain clear title to those Tulare. Our Resources Committee colleagues look out on blighted property. There are a few portions of the right-of-way within an Urban passed the bill by voice vote on June 25, small businesses operating on short-term Redevelopment Plan adopted by the City. 1997, because they saw the need to foster re- H.R. 960 would accomplish this by validating leases and an abandoned gas station on rail- conveyances made prior to or after April 15, development in this community. So does the road property along the corridor. For the most 1996, to the City of Tulare’s Redevelopment Bureau of Land Management. In fact, the Bu- part, however, a visitor can see nothing but Agency by the Southern Pacific Transpor- reau's full support of H.R. 960 is expressed in vacant lots that have cut off business growth tation Company, the holder of the railroad a letter I am submitting for the RECORD. We from the east. The Tulare Redevelopment right-of-way (or its successor, presently were able to reach agreement on the legisla- Agency's plan would preserve the railroad Union Pacific Railroad). tion because of the widespread agreement on tracks while allowing some of this empty Currently, some 30 trains a day cross the the very unique setting H.R. 960 will address. space in the center of town to be turned into tracks in the center of this right-of-way Tulare, a city of 40,350 located in Califor- through downtown Tulare and the railroad more productive use. owner has no plans to stop using the tracks. nia's Central Valley, has an unemployment H.R. 960 clears the path for redevelopment. rate of over 15 percent. The surrounding Therefore, until abandonment is legally de- First, it gives the city clear title to one piece termined, the property does not revert to the county has a similarly high-unemployment rate of property which Tulare already thought it had Federal government. and residents of the area have median in- purchased from Southern Pacific before learn- Our understanding of the situation is that comes that are 30 percent below the rest of ing that railroad law clouded the title. Second, the City of Tulare attempted to acquire one California's. City of Tulare leaders have been it transfers the reversionary interest in 11 parcel of land within the right-of-way for re- looking for ways to bring more jobs to the re- other parcels so that the redevelopment agen- development purposes and was informed by gion for years. Tulare's Redevelopment Agen- their title company that it would not insure cy can deal with the railroad and secure the title because of the reversionary nature of cy has been working on a redevelopment pro- remaining properties. gram as part of that process and the agency the railroad’s right-of-way. Because of this, It is essential that we pass this bill because the City did not attempt to acquire any of needs H.R. 960 to carry out its program. the redevelopment plan cannot be made to the remaining lands within its redevelop- H.R. 960 is a very limited proposal intended work piecemeal. Following the practices of the ment area (encompassing approximately 60 to meet unique needs. It transfers the Federal past and ``confirming'' title in someone who acres) pending resolution of this issue. reversionary interest in 12 parcels of land in has already bought a clouded title only solves The right-of-way granted pursuant to the the middle of the community to the city of part of the city's problem. To ensure coherent Act of July 27, 1866, is a grant of a limited fee, made on an implied condition of reverter Tulare's Redevelopment Agency so that the economic redevelopment, the redevelopment agency can pursue a 10-year program to fi- in the event that the company ceased to use agency has to control all the parcels of land nance and market a redevelopment program or retain the land for the purpose for which so planning, marketing and community financ- intended to help bring retailing opportunities it was granted. By the Act of May 24, 1920 (43 ing of the development are possible. Giving U.S.C. 913), the railroad owners were author- and jobs to the community. ized to convey to States, counties or munici- There is no reason for the lands covered by the city title to one piece of property will deny the city resources to continue developing. palities the outer portions of the right-of- H.R. 960 to be retained at the Federal level way for use as a public highway or street for recreational purposes. The parcels are in Forcing the city to come back to Congress each time an interest is transferred is a waste (such conveyances would still be subject to the midst of an urban, largely industrial area. the possible future reversion to the United The Bureau of Land Management [BLM] does of the city's time and ours. States). The 1988 National Trails System Act not want these properties back and that the The bill is not intended by the Resources (16 U.S.C. 1248(c)), provides that ‘‘. . . all agency would seek some way of getting the Committee or by me to be dispositive of the right, title, interest, and estate of the United land to Tulare if the railroad ever relinquished status of other rail properties not addressed in States . . . shall remain in the United States the legislation nor is it intended to set a gen- upon the abandonment or forfeiture . . .’’ of control. In similar circumstances, BLM has the railroad. found these urban settings to be a drain on its eral policy for the treatment of railroad grants. Because the city needs the redevelopment BLM has examined the lands in downtown resources because the unoccupied properties Tulare and has concluded that because of H.R. 960 will facilitate, our colleagues decided become casual dumping grounds which cost their location, and having reviewed the BLM money to clean up. this unique approach should be adopted in City’s plans, the lands are best suited for If allowed to redevelop land adjacent to the this case. local development as planned by the Rede- rail line, the people of Tulare believe that it I urge my colleagues to join me passing velopment Agency. could generate more than 350 jobs in 6 years H.R. 960 today. Tulare wants to take control BLM is not interested in managing the over its own economic destiny by putting lousy lands involved even if they did revert to the because of the agency's plan to create a retail Federal government. In the interim, the City shopping area. land to better use. Unless this bill is enacted, Congress will be in the way of a city that badly of Tulare deserves to be able to plan for the The city cannot gain control over the core of development of its downtown and revitalize this corridor without a change in Federal law. needs our help. its business center. The only way that this In the last century, Congress extended rights U.S. DEPARTMENT OF THE INTERIOR, public goal can be realized is for the Federal of way to railroads in order to encourage the OFFICE OF THE SECRETARY, government to relinquish its interest in the creation of a rail transport system. The South- Washington, DC, June 24, 1997. property involved through legislation such ern Pacific Railroad received rights for tracks Hon. DON YOUNG, as H.R. 960. Chairman, Committee on Resources, House of and land adjacent to those tracks within what We made several recommended changes Representatives, Washington, DC. which have been incorporated in the bill, in- is now Tulare. Because the Federal Govern- DEAR MR. CHAIRMAN: Thank you for this cluding the deletion of the waiver of environ- ment has a reversionary interest in the right of opportunity to comment on H.R. 960, a bill mental laws and revised language clarifying way and surrounding properties, the redevel- that will extinguish the Federal govern- that only conveyances from the railroad to opment agency cannot obtain control of all the ment’s right of reversion to lands encum- the Redevelopment Agency would be vali- 12 parcels of land along the rail line that the bered by a railroad right-of-way within dated. Finally, we requested that a map of city wishes to redevelop. The city cannot con- Tulare, California. The Bureau of Land Man- this area be on file with the BLM and that demn the Federal interest and as a result, agement (BLM), testified at a hearing on we have an opportunity to see such a map May 20, 1997, before the Subcommittee on cannot make use of anything the community before markup. We have reviewed that map National Parks and Public Lands on this and are satisfied with it. might secure from the railroad. bill. It is my understanding that this bill The railroad and its successor, Union Pa- Thank you for the opportunity to com- will soon be marked up by your Committee ment on this legislation. The Office of Man- cific, run over 30 trains per day through the and we would like our views included for the agement and Budget has advised us that it center of the city and as a result the tracks will Record. The Administration supports the has no objection to the submission of this re- probably never be abandoned under the law. legislation as reported to your Committee. port from the standpoint of the President’s The railroad will continue to argue that it con- The BLM testified before the Subcommit- program. trols the adjoining parcels of land because tee in support of H.R. 960 if certain changes Sincerely, abandonment has not occurred. The Federal were made to the bill. Those changes were PIET DEWITT, interest in these properties is at best a highly made in Subcommittee markup and we now Acting Deputy Assistant Secretary. support this bill. speculative, prospective one and that is the H.R. 960 would eliminate all rights of the Mr. Speaker, I thank the chairman way things are likely to stay. That leaves United States to land within a railroad and ranking member once again. Tulare with a problem. right-of-way, granted by an Act of Congress Mr. FALEOMAVAEGA. Mr. Speaker, Most of the land along the tracks is empty. on July 27, 1886, in downtown Tulare, Califor- I have no additional speakers, and I Small shops east of the rail line and a cotton nia. The City of Tulare has requested this ac- yield back the balance of my time. July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4857 Mr. HANSEN. Mr. Speaker, I yield agement to the city of Grants Pass, Although the BLM would be responsible for back the balance of my time. OR. This bill transfers title and all performing this cleanup, Superfund requires The SPEAKER pro tempore (Mr. right and interest of the real property that the Bureau recover its costs. As with GOODLING). The question is on the mo- to the city of Grants Pass, while in- other Superfund liability disputes, the litigation tion offered by the gentleman from demnifying the Government of the expenses incurred by both the BLM and the Utah [Mr. HANSEN] that the House sus- United States for all liability that may city could quite possibly cost more than the pend the rules and pass the bill, H.R. arise from the property. A technical cleanup itself. These circumstances led the 960, as amended. amendment provided the title and date BLM to attempt to cancel the Merlin Landfill's The question was taken; and (two- of the map in the property description lease in 1991. Because a lease termination or thirds having voted in favor thereof) found in section 1(b)(1) of the bill. a suspension in operation during the cleanup the rules were suspended and the bill, This bill is noncontroversial and is would pose an enormous financial burden on as amended, was passed. supported by the administration and the citizens and businesses of Grants Pass, A motion to reconsider was laid on the city of Grants Pass, OR. I urge my the city successfully worked with the BLM to the table. colleagues to support H.R. 1198. address the environmental concerns. These f Mr. Speaker, I reserve the balance of efforts have cost the city several million dollars my time. In addition, the city has entered into a con- CONVEYING CERTAIN LAND TO Mr. FALEOMAVAEGA. Mr. Speaker, sent order with the Oregon Department of En- CITY OF GRANTS PASS, OR. I yield myself such time as I may vironmental Quality obligating it to address the consume. I too would like to commend Mr. HANSEN. Mr. Speaker, I move to remaining concerns in preparation for the the gentleman from Oregon [Mr. suspend the rules and pass the bill eventual closure of the landfill. However, de- SMITH], who is also a member of our (H.R. 1198), to direct the Secretary of spite its faithful cooperation in addressing committee, for his sponsorship of this the Interior to convey certain land to these issues, if the landfill closes when the the city of Grants Pass, OR., as amend- legislation. Mr. Speaker, H.R. 1198 directs the lease terminates in the year 2000, the city will ed. not have adequate financial resources to fund The Clerk read as follows: Secretary of the Interior to convey to the city of Grants Pass, OR, without the remaining compliance activities as well as H.R. 1198 monetary consideration, approxi- the Closure and Post-Closure Trust Funds. Be it enacted by the Senate and House of Rep- mately 200 acres of public land which After exploring a number of nonlegislative resentatives of the United States of America in the city has operated under lease and options, the concerned parties came to a con- Congress assembled, sensus agreement that the best and most SECTION. 1. CONVEYANCE OF BLM LAND TO 120 acres of adjacent public land to be used as a buffer. In addition, the bill cost-effective solution to the problem would be GRANTS PASS, OREGON. for the BLM to transfer the leased land and an (a) CONVEYANCE REQUIRED.—The Secretary specifies that the city must agree to of the Interior shall promptly convey to the indemnify the United States from all additional parcel of 120 acres to the city. In City of Grants Pass, Oregon (in this section liability that arises from the property. turn, Grants Pass would accept all liability and referred to as the ‘‘City’’), without monetary In testimony before the Committee responsibility for cleaning up the contaminated compensation, all right, title, and interest of on Resources, the administration stat- area. the United States in and to the real property ed its support of the bill, and I know of Most important, however, is that such a described in subsection (b). no controversy associated with the leg- transfer would allow operations to continue at (b) PROPERTY DESCRIBED.—(1) IN GEN- islation. the Merlin Landfill for another 2 or 3 years ERAL.—The real property referred to in sub- past the lease termination date. This would section (a) is that parcel of land depicted on With that in mind, Mr. Speaker, I the map entitled ‘‘Merlin Landfill Map’’ and urge my colleagues to support this bill. allow the city to raise enough money to meet dated June 20, 1997, consisting of— Mr. Speaker, I reserve the balance of its environmental obligations including the Clo- (A) approximately 200 acres of Bureau of my time. sure and Post-Closure Trust Funds. Land Management Land on which the City Mr. HANSEN. Mr. Speaker, I have no This is simple, cost-effective, good govern- has operated a landfill under lease; and further speakers on this issue, and I ment, and it is recognized as such by all par- (B) approximately 120 acres of Bureau of yield back the balance of my time. ties involved. The Oregon Department of Envi- Land Management Land that are adjacent to Mr. FALEOMAVAEGA. Mr. Speaker, ronmental Quality, Josephine County, the the land described in subparagraph (A). before I yield the balance of my time, BLM, and the Governor's office have all (2) DETERMINATION BY SECRETARY.—The I would like to say that I would be re- Secretary of the Interior may determine voiced their support for this legislation. I, too, more particularly the real property de- miss if I did not offer my commenda- hope for a speedy passage so that the city of scribed in paragraph (1). tions to the members of the staff on Grants Pass and the BLM have adequate time (c) CONSIDERATION.—As consideration for this side of the aisle for their tremen- to prepare and complete this transfer. the conveyance under subsection (a), the dous work with the Members in getting Mr. FALEOMAVAEGA. Mr. Speaker, Secretary shall require the City to agree to this piece of legislation successfully I yield back the balance of my time. indemnify the Government of the United passed here on the floor of the House: The SPEAKER pro tempore. The States for all liability of the Government Mr. Rick Healy, Marie Howard question is on the motion offered by that arises from the property. Fabrizio, Jean Flemma, and Ann the gentleman from Utah [Mr. HANSEN] The SPEAKER pro tempore. Pursu- Owens. that the House suspend the rules and ant to the rule, the gentleman from Mr. SMITH of Oregon. Mr. Speaker, I rise pass the bill, H.R. 1198, as amended. Utah [Mr. HANSEN] and the gentleman today to urge swift passage for this legislation The question was taken; and (two- from American Samoa [Mr. which would transfer the Merlin Landfill in my thirds having voted in favor thereof) FALEOMAVAEGA] each will control 20 district to the city of Grants Pass, OR. the rules were suspended and the bill, minutes. Grants Pass is a small city in southern Or- as amended, was passed. The Chair recognizes the gentleman egon and has leased approximately 200 acres A motion to reconsider was laid on from Utah [Mr. HANSEN]. of BLM land for the Merlin Landfill since 1968. the table. Mr. HANSEN. Mr. Speaker, I yield This lease is due to expire on April 14, 2000, f myself such time as I may consume. 2 or 3 years short of the landfill's operational Mr. Speaker, H.R. 1198, as amended, lifespan. The BLM has stated that it will not GENERAL LEAVE is a bill introduced by my colleague, renew this lease. Mr. HANSEN. Mr. Speaker, I ask the gentleman from Oregon [Mr. In 1990, low levels of organic chemicals unanimous consent that all Members SMITH]. Mr. SMITH has worked hard to were identified in groundwater beyond the site may have 5 legislative days to revise develop a bill which successfully re- boundaries. This contamination was so mini- and extend their remarks and include solves an environmentally sensitive mal that if the water was used for public drink- extraneous material on S.J.Res. 29, issue and will benefit the people of Or- ing, it would meet all Federal and State stand- H.R. 822, H.R. 951, H.R. 960, and H.R. egon. ards for safety. Nevertheless, the Superfund 1198, the bills just considered. H.R. 1198 directs the Secretary of the law requires that, as public land, the site be The SPEAKER pro tempore. Is there Interior to convey certain Federal land listed as a contaminated Federal facility and objection to the request of the gen- currently used as a solid waste landfill evaluated for ranking on the national priorities tleman from Utah? facility from the Bureau of Land Man- list for subsequent cleanup. There was no objection. H4858 CONGRESSIONAL RECORD — HOUSE July 8, 1997 ATLANTIC STRIPED BASS CON- ‘‘(B) the District of Columbia; and ‘‘(1) to engage in fishing within the morato- SERVATION ACT AMENDMENTS ‘‘(C) the Potomac River Fisheries Commission rium area; OF 1997 established by the Potomac River Compact of ‘‘(2) to land, or attempt to land, Atlantic 1958. striped bass that are caught, taken, or harvested Mr. PETERSON of Pennsylvania. Mr. ‘‘(5) The term ‘Commission’ means the Atlan- in violation of paragraph (1); Speaker, I move to suspend the rules tic States Marine Fisheries Commission estab- ‘‘(3) to land lawfully harvested Atlantic and pass the bill (H.R. 1658) to reau- lished under the interstate compact consented to striped bass within the boundaries of a coastal thorize and amend the Atlantic Striped and approved by the Congress in Public Laws State when a moratorium declared under sub- Bass Conservation Act and related 77–539 and 81–721. section (a) applies to that State; or ‘‘(6) The term ‘exclusive economic zone’ has ‘‘(4) to fail to return to the water Atlantic laws, as amended. the meaning given such term in section 3(6) of striped bass to which the moratorium applies The Clerk read as follows: the Magnuson Act (16 U.S.C. 1802(6)). that are caught incidental to harvesting that oc- H.R. 1658 ‘‘(7) The term ‘fishing’ means— curs in the course of commercial or recreational Be it enacted by the Senate and House of Rep- ‘‘(A) the catching, taking, or harvesting of At- fish catching activities, regardless of the phys- resentatives of the United States of America in lantic striped bass, except when incidental to ical condition of the striped bass when caught. Congress assembled, harvesting that occurs in the course of commer- ‘‘(c) CIVIL PENALTIES.— cial or recreational fish catching activities di- ‘‘(1) CIVIL PENALTY.—Any person who com- SECTION 1. SHORT TITLE. rected at a species other than Atlantic striped mits any act that is unlawful under subsection This Act may be cited as the ‘‘Atlantic Striped bass; (b) shall be liable to the United States for a civil Bass Conservation Act Amendments of 1997’’. ‘‘(B) the attempted catching, taking, or har- penalty as provided by section 308 of the Mag- vesting of Atlantic striped bass; and SEC. 2. REAUTHORIZATION AND AMENDMENT OF nuson Act (16 U.S.C. 1858). ATLANTIC STRIPED BASS CONSERVA- ‘‘(C) any operation at sea in support of, or in ‘‘(2) CIVIL FORFEITURES.— TION ACT. preparation for, any activity described in sub- ‘‘(A) IN GENERAL.—Any vessel (including its The Atlantic Striped Bass Conservation Act paragraph (A) or (B). gear, equipment, appurtenances, stores, and (16 U.S.C. 1851 note) is amended to read as fol- The term does not include any scientific re- cargo) used, and any fish (or the fair market lows: search authorized by the Federal Government or value thereof) taken or retained, in any man- ‘‘SECTION 1. SHORT TITLE. by any State government. ner, in connection with, or as the result of, the ‘‘This Act may be cited as the ‘Atlantic ‘‘(8) The term ‘moratorium area’ means the commission of any act that is unlawful under Striped Bass Conservation Act’. coastal waters with respect to which a declara- subsection (b) shall be subject to forfeiture to ‘‘SEC. 2. FINDINGS AND PURPOSES. tion under section 5(a) applies. the United States as provided in section 310 of ‘‘(9) The term ‘moratorium period’ means the the Magnuson Act (16 U.S.C. 1860). ‘‘(a) FINDINGS.—The Congress finds and de- ‘‘(B) DISPOSAL OF FISH.—Any fish seized pur- clares the following: period beginning on the day on which morato- ‘‘(1) Atlantic striped bass are of historic com- rium is declared under section 5(a) regarding a suant to this Act may be disposed of pursuant to mercial and recreational importance and eco- coastal State and ending on the day on which the order of a court of competent jurisdiction, nomic benefit to the Atlantic coastal States and the Commission notifies the Secretaries that that or, if perishable, in a manner prescribed in regu- to the Nation. State has taken appropriate remedial action lations. ‘‘(2) No single government entity has full with respect to those matters that were the case ‘‘(d) ENFORCEMENT.—A person authorized by management authority throughout the range of of the moratorium being declared. the Secretary or the Secretary of the department the Atlantic striped bass. ‘‘(10) The term ‘Plan’ means a plan for man- in which the Coast Guard is operating may take ‘‘(3) The population of Atlantic striped bass— aging Atlantic striped bass, or an amendment to any action to enforce a moratorium declared ‘‘(A) has been subject to large fluctuations such plan, that is prepared and adopted by the under subsection (a) that an officer authorized due to natural causes, fishing pressure, environ- Commission. by the Secretary under section 311(b) of the mental pollution, loss and alteration of habitat, ‘‘(11) The term ‘Secretary’ means the Sec- Magnuson Act (16 U.S.C. 1861(b)) may take to inadequacy of fisheries conservation and man- retary of Commerce or a designee of the Sec- enforce that Act (16 U.S.C. 1801 et seq.). The agement practices, and other causes; and retary of the Secretary of Commerce. Secretary may, by agreement, on a reimbursable ‘‘(B) risks potential depletion in the future ‘‘(12) The term ‘Secretaries’ means the Sec- basis or otherwise, utilize the personnel, serv- without effective monitoring and conservation retary of Commerce and the Secretary of the In- ices, equipment (including aircraft and vessels), and management measures. terior or their designees. and facilities of any other Federal department ‘‘(4) It is in the national interest to implement ‘‘SEC. 4. MONITORING OF IMPLEMENTATION AND or agency and of any agency of a State in car- effective procedures and measures to provide for ENFORCEMENT BY COASTAL STATES. rying out that enforcement. effective interjurisdictional conservation and ‘‘(a) DETERMINATION.—During December of ‘‘(e) REGULATIONS.—The Secretary may issue management of this species. each fiscal year, and at any other time it deems regulations to implement this section. ‘‘(b) PURPOSE.—It is therefore declared to be necessary the Commission shall determine— ‘‘SEC. 6. CONTINUING STUDIES OF STRIPED BASS the purpose of the Congress in this Act to sup- ‘‘(1) whether each coastal State has adopted POPULATIONS. port and encourage the development, implemen- all regulatory measures necessary to fully imple- ‘‘(a) IN GENERAL.—For the purposes of carry- tation, and enforcement of effective interstate ment the Plan in its coastal waters; and ing out this Act, the Secretaries shall conduct action regarding the conservation and manage- ‘‘(2) whether the enforcement of the Plan by continuing, comprehensive studies of Atlantic ment of the Atlantic striped bass. each coastal State is satisfactory. striped bass stocks. These studies shall include, ‘‘(b) SATISFACTORY STATE ENFORCEMENT.— ‘‘SEC. 3. DEFINITIONS. but shall not be limited to, the following: For purposes of subsection (a)(2), enforcement ‘‘As used in this Act— ‘‘(1) Annual stock assessments, using fishery- by a coastal State shall not be considered satis- ‘‘(1) the term ‘Magnuson Act’ means the Mag- dependent and fishery-independent data, for factory by the Commission if, in its view, the en- nuson-Stevens Fishery Conservation and Man- the purposes of extending the long-term popu- forcement is being carried out in such a manner agement Act (16 U.S.C. 1801 et seq.). lation record generated by the annual striped ‘‘(2) The term ‘Atlantic striped bass’ means that the implementation of the Plan within the bass study conducted by the Secretaries before members of stocks or populations of the species coastal waters of the State is being, or will like- 1994 and understanding the population dynam- Morone saxatilis, which ordinarily migrate sea- ly be, substantially and adversely affected. ics of Atlantic striped bass. ‘‘(c) NOTIFICATION OF SECRETARIES.—The ward of the waters described in paragraph ‘‘(2) Investigations of the causes of fluctua- Commission shall immediately notify the Sec- (3)(A)(i). tions in Atlantic striped bass populations. ‘‘(3) The term ‘coastal waters’ means— retaries of each negative determination made by ‘‘(3) Investigations of the effects of water ‘‘(A) for each coastal State referred to in it under subsection (a). quality, land use, and other environmental fac- paragraph (4)(A)— ‘‘SEC. 5. MORATORIUM. tors on the recruitment, spawning potential, ‘‘(i) all waters, whether salt or fresh, of the ‘‘(a) SECRETARIAL ACTION AFTER NOTIFICA- mortality, and abundance of Atlantic striped coastal State shoreward of the baseline from TION.—Upon receiving notice from the Commis- bass populations, including the Delaware River which the territorial sea of the United States is sion under section 4(c) of a negative determina- population. measured; and tion regarding a coastal State, the Secretaries ‘‘(4) Investigations of— ‘‘(ii) the waters of the coastal State seaward shall determine jointly, within thirty days, ‘‘(A) the interactions between Atlantic striped from the baseline referred to in clause (i) to the whether that coastal State is in compliance with bass and other fish, including bluefish, menha- inner boundary of the exclusive economic zone; the Plan and, if the State is not in compliance, den, mackerel, and other forage fish or possible ‘‘(B) for the District of Columbia, those waters the Secretaries shall declare jointly a morato- competitors, stock assessments of these species, within its jurisdiction; and rium on fishing for Atlantic striped bass within to the extent appropriate; and ‘‘(C) for the Potomac River Fisheries Commis- the coastal waters of that coastal State. In mak- ‘‘(B) the effects of interspecies predation and sion, those waters of the Potomac River within ing such a determination, the Secretaries shall competition on the recruitment, spawning po- the boundaries established by the Potomac River carefully consider and review the comments of tential mortality, and abundance of Atlantic Compact of 1958. the Commission and that coastal State in ques- striped bass. ‘‘(4) The term ‘coastal State’ means— tion. ‘‘(b) REPORTS.—The Secretaries shall make bi- ‘‘(A) Pennsylvania and each State of the ‘‘(b) PROHIBITED ACTS DURING MORATO- ennial reports to the Congress and to the Com- United States bordering on the Atlantic Ocean RIUM.—During a moratorium period, it is un- mission concerning the progress and findings of north of the State of South Carolina; lawful for any person— studies conducted under subsection (a) and July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4859 shall make those reports public. Such reports the Albermarle Sound-Roanoke River Basin lion anglers made almost 7 million shall, to the extent appropriate, contain rec- striped bass stock, is repealed. trips and nearly spent $160 million in ommendations of actions which could be taken (c) REGULATION OF FISHING IN EXCLUSIVE pursuit of this fish. to encourage the sustainable management of At- ECONOMIC ZONE.—Section 6 of the Act entitled For the last three decades Atlantic lantic striped bass. ‘‘An Act to authorize appropriations to carry striped bass stocks have been declining ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS; out the Atlantic Striped Bass Conservation Act COOPERATIVE AGREEMENTS. for fiscal years 1989 through 1991, and for other due to overfishing, pollution, habitat ‘‘(a) AUTHORIZATION.—For each of fiscal purposes’’, approved November 3, 1988 (102 Stat. destruction, and other factors. Fisher- years 1998, 1999, and 2000, there are authorized 2986; 16 U.S.C. 1851 note) is repealed. men and managers alike were con- to be appropriated to carry out this Act— The SPEAKER pro tempore. Pursu- cerned that the fishery would soon be- ‘‘(1) $800,000 to the Secretary of Commerce; ant to the rule, the gentleman from come an endangered species. and Pennsylvania [Mr. PETERSON] and the Recently, however, the Atlantic ‘‘(2) $250,000 to the Secretary of the Interior. gentleman from New Jersey [Mr. striped bass stocks have grown and are ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- slowly returning to their previous retaries may enter into cooperative agreements PALLONE] each will control 20 minutes. with the Atlantic States Marine Fisheries Com- The Chair recognizes the gentleman abundance. Many Atlantic coast States mission or with States, for the purpose of using from Pennsylvania [Mr. PETERSON]. have recognized the significance of this amounts appropriated pursuant to this section Mr. PETERSON of Pennsylvania. Mr. growth and understand the pressure to provide financial assistance for carrying out Speaker, I yield myself such time as I that commercial fishing interests may the purposes of this Act. may consume. have on commercial breeding stocks. ‘‘SEC. 8. PUBLIC PARTICIPATION IN PREPARA- Mr. Speaker, I rise to speak in sup- In response, States such as New Jersey, TION OF MANAGEMENT PLANS AND port of H.R. 1658, a bill to reauthorize Connecticut, Pennsylvania, Georgia, AMENDMENTS. the Atlantic Striped Bass Conservation and several others have passed game ‘‘(a) STANDARDS AND PROCEDURES.—In order to ensure the opportunity for public participa- Act. fish laws or have prohibited Atlantic tion in the preparation of management plans The Striped Bass Act is one of the striped bass commercial angling. and amendments to management plans for At- few true success stories in fisheries The enactment of the Striped Bass lantic striped bass, the Commission shall pre- management. It was enacted in 1984, Conservation Act or the Striped Bass pare such plans and amendments in accordance several years after the Atlantic coast Act, which was passed in 1984, has au- with the standards and procedures established stock of striped bass suffered a severe thorized an annual study population under section 805(a)(2) of the Atlantic Coastal population crash. The Striped Bass Act assessment of striped bass stocks to be Fisheries Cooperative Management Act. provided a means of enforcing a single done with the NMFS and the U.S. Fish ‘‘(b) APPLICATION.—Subsection (a) shall apply to management plans and amendments adopted interstate management plan through- and Wildlife Service. It was enacted to by the Commission after the 6-month period be- out the eastern seaboard, which al- encourage coastal States to comply ginning on the date of enactment of the Atlantic lowed fisheries managers to take the with interstate management plans de- Striped Bass Conservation Act Amendments of action needed to save the fishery from veloped by the Atlantic States Marine 1997. extinction. Fisheries Commission to conserve ‘‘SEC. 9. PROTECTION OF STRIPED BASS IN THE Over the last 13 years, this program striped bass populations. Unfortu- EXCLUSIVE ECONOMIC ZONE. has succeeded beyond any expecta- nately, Mr. Speaker, the last study ‘‘(a) REGULATION OF FISHING IN EXCLUSIVE tions. In 1984, the outlook was truly that was actually done on striped bass ECONOMIC ZONE.—The Secretary shall promul- bleak for striped bass and the fisher- was in 1994. gate regulations governing fishing for Atlantic Mr. Speaker, when this bill had a striped bass in the exclusive economic zone that men who depend on them. Now stripers the Secretary determines are— are as abundant as they have ever hearing, when we had a field hearing of ‘‘(1) consistent with the national standards been. They stand as a rare example of the Subcommittee on Fisheries Con- set forth in section 301 of the Magnuson Act (16 how to bring an irreplaceable rec- servation, Wildlife, and Oceans in U.S.C. 1851); reational and commercial resource Manahawkin, NJ, a few months ago, ‘‘(2) compatible with the Plan and each Fed- back from the brink of disaster. many spoke out about the effects of en- eral moratorium in effect on fishing for Atlantic This bill before us today would con- vironmental changes and interspecies striped bass within the coastal waters of a tinue this successful restoration pro- competition on striped bass popu- coastal State; and ‘‘(3) sufficient to assure the long-term con- gram. It would reauthorize the Striped lations. I think support of this legisla- servation of Atlantic striped bass populations. Bass Act and continue the striped bass tion would allow us to better under- ‘‘(b) CONSULTATION; PERIODIC REVIEW OF study which started in 1980 and has stand striped bass stock and design REGULATIONS.—In preparing regulations under provided information necessary to management plans that not only bene- subsection (a), the Secretary shall consult with make good management decisions. The fit the stock, but also the striped bass the Atlantic States Marine Fisheries Commis- restoration program would not have fishing community. sion, the appropriate Regional Fishery Manage- been nearly as successful without these I also want to commend the sponsor ment Councils, and each affected Federal, State, studies. We must continue gathering of the bill, my colleague the gentleman and local government entity. The Secretary from New Jersey [Mr. SAXTON], because shall periodically review regulations promul- the best information possible to pro- gated under subsection (a), and if necessary to tect the gains that we have made. the bill increases public participation ensure their continued consistency with the re- In addition, this bill makes technical in the preparation of striped bass man- quirements of subsection (a), shall amend those corrections to the Striped Bass Act to agement plans. regulations. make it consistent with the Atlantic Today, the implementation of the ‘‘(c) APPLICABILITY OF MAGNUSON ACT PROVI- States Cooperative Fisheries Manage- Federal-State partnership embodied in SIONS.—The provisions of sections 307, 308, 309, ment Act. It also provides for greater the Striped Bass Act has restored the 310, and 311 of the Magnuson Act (16 U.S.C. public input into the writing of striped striper to its former glory as one of the 1857, 1858, 1859, 1860, and 1861) regarding pro- bass management plans. most important sport and commercial hibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply H.R. 1658 will ensure that the suc- fisheries on the east coast. It is clear with respect to regulations and any plan issued cessful striped bass management pro- evidence that conservation can work. under subsection (a) of this section as if such gram continues into the future. I urge And knowing the importance of this regulations or plan were issued under the Mag- all my colleagues to join me in sup- fishery to American anglers, I would nuson Act.’’. porting it. urge Members of this body, my col- SEC. 3. REPEALS. Mr. Speaker, I reserve the balance of leagues, to support the legislation and (a) ANADROMOUS FISH CONSERVATION ACT.— my time. reauthorize the appropriations for the Section 7 of the Anadromous Fish Conservation Mr. PALLONE. Mr. Speaker, I yield annual striped bass study. Act (16 U.S.C. 757g) is repealed. myself such time as I may consume. Mr. PETERSON of Pennsylvania. Mr. (b) ALBEMARLE SOUND-ROANOKE RIVER I rise today in support of this legisla- Speaker, I reserve the balance of my BASIN.—Section 5 of the Act entitled ‘‘An Act to tion. Mr. Speaker, the striped bass fish- authorize appropriations to carry out the Atlan- time. tic Striped Bass Conservation Act for fiscal ery is one of the most important fish- Mr. PALLONE. Mr. Speaker, I yield years 1989 through 1991, and for other pur- eries for marine recreational anglers. such time as he may consume to the poses’’, approved November 3, 1988 (16 U.S.C. The fishery extends north from Cape gentleman from Massachusetts [Mr. 1851 note; 102 Stat. 2984), relating to studies of Hatteras to Maine. In 1995, over 1 mil- DELAHUNT]. H4860 CONGRESSIONAL RECORD — HOUSE July 8, 1997 Mr. DELAHUNT. Mr. Speaker, I I have stood here many times to speak While striped bass populations have fluc- thank the gentleman for yielding. about striped bass and the Atlantic Striped tuated dramatically in the past, the population Mr. Speaker, for some of us the con- Bass Conservation Act. In fact, I represent suffered a drastic decline in the 1970's. servation of a threatened species such many Atlantic striped bass. Young stripers live Striped bass harvests plummeted from 15 mil- as striped bass is more than a legisla- the first part of their lives in the Delaware lion pounds in 1973 to 3.5 million pounds in tive priority. Last weekend I took part River, at one end of the third district of New 1983. in the annual striped bass tournament Jersey. When they grow up, they inhabit the In response to this serious problem, Con- on Martha’s Vineyard, in my congres- bays, inlets, and coastal waters at the other gress approved an emergency striped bass sional district. I was led by some ex- end of the district. study and the Atlantic Striped Bass Conserva- ceptionally talented surf casters to My other constituents who are recreational tion Act of 1984. This law requires all affected Lobsterville Beach, where we fished for fishermen consider striped bass one of the coastal States to implement management stripers until midnight. premier saltwater game fish on the east coast. measures to conserve and protect Atlantic As for results, let us just say I did They support a large industry of charter boats, striped bass stocks. not win the tournament. In fact, let us bait, and tackle shops, and other businesses, After 15 years of careful management, the just say I did not land a single fish. My not only in New Jersey but all along the striped bass population has fully recovered to partners concluded that this must be Altantic coast. In other east coast States, pre-decline levels. This is a major fishery man- part of my own personal plan to help striped bass also support a significant com- agement success. H.R. 1658 will ensure that save striped bass. mercial fishery. this remarkable recovery is not compromised We can achieve this important objec- The larger importance of striped bass is that in the days ahead. tive, however, without doing it one fish they nearly disappeared 20 years ago. In the As reported by the Resources Committee, at a time. I rise today in support of leg- late 1970's, heavy fishing pressure and incon- this legislation reauthorizes the study provi- islation which will help ensure the con- sistent State management policies coincided sions of the Striped Bass Act and related tinued health of striped bass stocks with pollution and other environmental factors laws, makes technical changes to increase from Maine to South Carolina, and to cause a serious population crash. This dev- consistency with other fishery conservation hopefully will increase my own chances astated the commercial fishery and nearly laws, and encourages greater public participa- for the next tournament on Martha’s wiped out the species as a game fish. Con- tion in the writing of management plans. Vineyard, or anywhere, for that mat- gress responded by enacting the Atlantic Mr. Speaker, I hope more of our fishery ter. Striped Bass Conservation Act, which en- management efforts prove to be this success- When my predecessor, Gerry Studds, forced a single management plan throughout ful in the future. I urge an ``aye'' vote on H.R. first introduced the Striped Bass Con- all the east coast States. This allowed fish- 1658. servation Act in 1984, the species had eries managers to take the action that was Mr. PALLONE. Mr. Speaker, I have been battered by pollution and over- needed to end overfishing and restore the no further requests for time, and I fishing. Harvests had plummeted so population. yield back the balance of my time. far, so fast, by over 10 million pounds Over the last 13 years, this program has Mr. PETERSON of Pennsylvania. Mr. over the preceding 10 years, that there succeeded beyond any expectations. In 1984, Speaker, I yield back the balance of was legitimate fear that the future of the outlook for striped bass was bleak. Now, my time. the species was clearly in danger. they are as abundant as they have ever been. The SPEAKER pro tempore (Mr. If the problem was clear, the solution Striped bass are one of the few true success GOODLING). The question is on the mo- was not. The striped bass are highly stories in fisheries management, and stand as tion offered by the gentleman from migratory and move primarily along an example of how conservative, forward-look- Pennsylvania [Mr. PETERSON] that the the 3-mile coastal zone which is under ing management can bring an irreplaceable House suspend the rules and pass the the combined jurisdictions of 12 States resource back from disaster. bill, H.R. 1658, as amended. and the District of Columbia. Bal- H.R. 1658 would continue this successful The question was taken. ancing the needs of the fish, the fisher- program. It updates the objectives of the Mr. PETERSON of Pennsylvania. Mr. men, and regulators, Congressman Striped Bass Act to reflect the current state of Speaker, on that I demand the yeas Studds and his colleagues created a the fishery. It makes technical corrections to and nays. The yeas and nays were ordered. unique and, as it turned out, highly ef- increase consistency with the Atlantic States The SPEAKER pro tempore. Pursu- fective scheme to bolster State man- Cooperative Fisheries Management Act, which ant to clause 5 of rule I and the Chair’s agement efforts to restore the stock. governs other coastal fisheries. It increases prior announcement, further proceed- b 1530 public input into striped bass management ings on this motion will be postponed. plans. Most important, it reauthorizes the an- f By all measures, the results of this nual striped bass study. This study started in cooperation among the States and be- 1980 and provides the information that fish- GENERAL LEAVE tween the State and Federal Govern- eries managers need to make good manage- Mr. PETERSON of Pennsylvania. Mr. ment has been astonishingly success- ment decisions. Speaker, I ask unanimous consent that ful. Today the fish are found in record Without these studies, the restoration pro- all Members may have 5 legislative numbers up and down the coast, and all gram would have been much less successful. days within which to revise and extend the people involved are still talking Likewise, a shortage of information will com- their remarks and include extraneous courteously to each other. promise future management efforts. We need material on H.R. 1658, the bill just con- The Federal-State partnership em- the best information possible to protect the bodied in the Striped Bass Act has re- sidered. gains that we have made. Only a commitment The SPEAKER pro tempore. Is there stored the species to its former consid- to careful study and conservative management objection to the request of the gen- erable glory as one of the most impor- can ensure that striped bass will remain a live- tleman from Pennsylvania? tant sport and commercial fisheries on lihood for commercial fishermen, a thrill for an- There was no objection. the east coast. We have demonstrated glers, and a common sight in east coast wa- f to fishermen and fisheries managers ters well into the future. alike that conservation, if properly Mr. Speaker, this bill will continue an ex- CODIFYING LAWS RELATED TO conceived and sensibly executed, can tremely successful program. I urge you and all TRANSPORTATION work. other members to support it. Mr. MCCOLLUM. Mr. Speaker, I H.R. 1658 will ensure that we stay the Mr. YOUNG of Alaska. Mr. Speaker, I am move to suspend the rules and pass the course that has nursed this fishery pleased to rise in support of the Striped Bass bill (H.R. 1086) to codify without sub- back to health and that, given enough Conservation Act Amendments, and I com- stantive change laws related to trans- time, encouragement and good bait, pliment the author of the bill, JIM SAXTON, for portation and to improve the United even Members of Congress might one his continued efforts to move this legislation. States Code, as amended. day experience the thrill of hooking The Atlantic coast stock of striped bass are The Clerk read as follows: one of these spectacular fish. found in waters from North Carolina to Maine. H.R. 1086 Mr. SAXTON. Mr. Speaker, today we are They are highly migratory but move primarily Be it enacted by the Senate and House of Rep- considering H.R. 1658, the Atlantic Striped along the coast within the 3-mile zone, which resentatives of the United States of America in Bass Conservation Act Amendments of 1997. is subject to State fishery management. Congress assembled, July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4861 SECTION 1. TITLE 26, INTERNAL REVENUE CODE (25) In section 44936(f)(1)(C), strike ‘‘section ‘‘(10) the Federal interest in these airports can OF 1986. 30305(b)(7)’’ and substitute ‘‘section 30305(b)(8) be provided through a lease mechanism which Section 9503(e)(3) of the Internal Revenue of this title’’. provides for local control and operation. Code of 1986 (26 U.S.C. 9503(e)(3)) is amended by (26) Insert after part C of subtitle VII the fol- ‘‘§ 49102. Purpose striking ‘‘such Acts are in effect’’ and all that lowing: ‘‘(a) GENERAL.—The purpose of this chapter is follows through the end of the paragraph and ‘‘PART D—PUBLIC AIRPORTS to authorize the transfer of operating respon- substituting ‘‘section 5338 (a)(1) or (b)(1) and sibility under long-term lease of the 2 Metropoli- the Intermodal Surface Transportation Effi- ‘‘CHAPTER 491—METROPOLITAN tan Washington Airport properties as a unit, in- ciency Act of 1991 were in effect on December 18, WASHINGTON AIRPORTS cluding access highways and other related fa- 1991’’. ‘‘Sec. ‘‘49101. Findings. cilities, to a properly constituted independent SECTION 2. TITLE 49, UNITED STATES CODE. airport authority created by Virginia and the Title 49, United States Code, is amended as ‘‘49102. Purpose. ‘‘49103. Definitions. District of Columbia, in order to achieve local follows: control, management, operation, and develop- (1) In the item related to subchapter I in the ‘‘49104. Lease of Metropolitan Washington Air- ports. ment of these important transportation assets. analysis for chapter 5, strike— ‘‘(b) INCLUSION OF BALTIMORE/WASHINGTON ‘‘49105. Capital improvements, construction, ‘‘DUTIES AND’’. INTERNATIONAL AIRPORT NOT PRECLUDED.—This and rehabilitation. (2) In the heading for subchapter I of chapter chapter does not prohibit the Airports Authority ‘‘49106. Metropolitan Washington Airports Au- 5, strike— and Maryland from making an agreement to thority. make Baltimore/Washington International Air- ‘‘AND’’. ‘‘49107. Federal employees at Metropolitan port part of a regional airports authority, sub- (3) In section 5108(f), strike ‘‘section 522(f)’’ Washington Airports. ject to terms agreed to by the Airports Author- and substitute ‘‘section 552(b)’’. ‘‘49108. Limitations. ity, the Secretary of Transportation, Virginia, (4) Section 5303(c) is amended as follows: ‘‘49109. Nonstop flights. the District of Columbia, and Maryland. (A) In paragraph (1), insert ‘‘and sections ‘‘49110. Use of Dulles Airport Access Highway. 5304–5306 of this title’’ after ‘‘this section’’. ‘‘49111. Relationship to and effect of other laws. § 49103. Definitions (B) In paragraph (4)(A), strike ‘‘paragraph ‘‘49112. Separability and effect of judicial order. ‘‘In this chapter— (3)’’ and substitute ‘‘paragraph (5)’’. ‘‘§ 49101. Findings ‘‘(1) ‘Airports Authority’ means the Metropoli- (C) In paragraph (5)(A), insert ‘‘and sections tan Washington Airports Authority, a public 5304–5306 of this title’’ after this section’’. ‘‘Congress finds that— authority created by Virginia and the District of (5) In item 155 in the subtitle analysis for sub- ‘‘(1) the 2 federally owned airports in the met- Columbia consistent with the requirements of title IV, strike ‘‘AND TARIFFS’’. ropolitan area of the District of Columbia con- section 49106 of this title. (6) In section 11904(a)(2), strike ‘‘a person’’ stitute an important and growing part of the ‘‘(2) ‘employee’ means any permanent Federal and substitute ‘‘person’’. commerce, transportation, and economic pat- Aviation Administration personnel employed by (7) In section 11906, strike ‘‘of this title’’ and terns of Virginia, the District of Columbia, and the Metropolitan Washington Airports on June substitute ‘‘of this part’’. the surrounding region; 7, 1987. (8) In section 13506(a)(5), strike ‘‘1141j(a))’’ ‘‘(2) Baltimore/Washington International Air- ‘‘(3) ‘Metropolitan Washington Airports’ and substitute ‘‘1141j(a)))’’. port, owned and operated by Maryland, is an means Washington National Airport and Wash- (9) In section 13703(a)(2), strike ‘‘subsection air transportation facility that provides service ington Dulles International Airport. (a)’’ and substitute ‘‘paragraph (1)’’. to the greater Metropolitan Washington region ‘‘(4) ‘Washington Dulles International Air- (10) In section 13905(e)(1), strike ‘‘31144,’’ and together with the 2 federally owned airports, port’ means the airport constructed under the substitute ‘‘31144’’. and timely Federal-aid grants to Baltimore/ Act of September 7, 1950 (ch. 905, 64 Stat. 770), (11) In section 14123(c)(2)(B), insert ‘‘in’’ be- Washington International Airport will provide and includes the Dulles Airport Access Highway fore ‘‘no event’’. additional capacity to meet the growing air traf- and Right-of-way, including the extension be- (12) In section 14903(a), insert ‘‘a’’ before fic needs and to compete with other airports on tween Interstate Routes I–495 and I–66. ‘‘civil penalty of not more than’’. a fair basis; ‘‘(5) ‘Washington National Airport’ means the (13) In section 15101(a), strike ‘‘oversee of ’’ ‘‘(3) the United States Government has a con- airport described in the Act of June 29, 1940 (ch. and substitute ‘‘oversee’’. tinuing but limited interest in the operation of 444, 54 Stat. 686). (14) In the item related to section 15904 in the the 2 federally owned airports, which serve the analysis for chapter 159, strike ‘‘certain’’ and ‘‘§ 49104. Lease of Metropolitan Washington travel and cargo needs of the entire Metropoli- Airports substitute ‘‘pipeline’’. tan Washington region as well as the District of ‘‘(a) GENERAL.—The lease between the Sec- (15) In section 15904(c)(1), strike ‘‘section Columbia as the national seat of government; retary of Transportation and the Metropolitan 11501(b)’’ and substitute ‘‘15901(b)’’. ‘‘(4) operation of the Metropolitan Washing- Washington Airports Authority under section (16) In section 16101, redesignate subsection ton Airports by an independent local authority 6005(a) of the Metropolitan Washington Airports (d) as (c). will facilitate timely improvements at both air- Authority under section 6005(a) of the Metro- (17) In item 305 in the subtitle analysis for ports to meet the growing demand of interstate politan Washington Airports Act of 1986 (Public subtitle VI, strike ‘‘NATIONAL AUTOMOBILE TITLE air transportation occasioned by the Airline De- Law 99–500, 100 Stat. 1783–375, Public Law 99– INFORMATION SYSTEM’’ and substitute ‘‘NA- regulation Act of 1978 (Public Law 95–504; 92 591, 100 Stat. 3341–378), for the Metropolitan TIONAL MOTOR VEHICLE TITLE INFORMATION SYS- Stat. 1705); Washington Airports must provide during its 50- TEM’’. ‘‘(5) all other major air carrier airports in the (18) In section 30305(b)— year term at least the following: United States are operated by public entities at ‘‘(1) The Airports Authority shall operate, (A) in paragraph (8), as redesignated by sec- the State, regional, or local level; tion 207(b) of the Coast Guard Authorization maintain, protect, promote, and develop the ‘‘(6) any change in status of the 2 airports Metropolitan Washington Airports as a unit Act of 1996 (Public Law 104–324, 110 Stat. 3908), must take into account the interest of nearby strike ‘‘paragraph (2)’’ and substitute ‘‘sub- and as primary airports serving the Metropoli- communities, the traveling public, air carriers, tan Washington area. section (a) of this section’’; and general aviation, airport employees, and other (B) redesignate paragraph (8), as redesignated ‘‘(2)(A) In this paragraph, ‘airport purposes’ interested groups, as well as the interests of the by section 502(b)(1) of the Federal Aviation Re- means a use of property interests (except a sale) United States Government and State govern- authorization Act of 1996 (Public Law 104–264, for— ments involved; 110 Stat. 3262), as paragraph (9). ‘‘(i) aviation business or activities; ‘‘(7) in recognition of a perceived limited need (19) In section 32706(c), strike ‘‘subchapter II ‘‘(ii) activities necessary or appropriate to for a Federal role in the management of these of chapter 105’’ and substitute ‘‘subchapter I of serve passengers or cargo in air commerce; or airports and the growing local interest, the Sec- chapter 135’’. ‘‘(iii) nonprofit, public use facilities that are retary of Transportation has recommended a (20) In the analysis of subtitle VII, strike the not inconsistent with the needs of aviation. transfer of authority from the Federal to the item related to part D and substitute ‘‘(B) During the period of the lease, the real local/State level that is consistent with the man- property constituting the Metropolitan Wash- ‘‘PART D—PUBLIC AIRPORTS agement of major airports elsewhere in the Unit- ington Airports shall be used only for airport ‘‘491. METROPOLITAN WASH- ed States; purposes. INGTON AIRPORTS ...... 49101’’. ‘‘(8) an operating authority with representa- ‘‘(C) If the Secretary decides that any part of (21) In the item related to section 41502 in the tion from local jurisdictions, similar to authori- the real property leased to the Airports Author- analysis for chapter 415, strike ‘‘common’’. ties at all major airports in the United States, ity under this chapter is used for other than air- (22) The catchline for section 41502 is amended will improve communications with local officials port purposes, the Secretary shall— by striking ‘‘common’’. and concerned residents regarding noise at the ‘‘(i) direct that the Airports Authority take (23) In section 41713(b)(4)(B)(ii), strike Metropolitan Washington Airports; appropriate measures to have that part of the ‘‘10102’’ and substitute ‘‘13102’’. ‘‘(9) a commission of congressional, State, and property be used for airport purposes; and (24) In section 41714(d)(1), strike ‘‘sections local officials and aviation representatives has ‘‘(ii) retake possession of the property if the 6005(c)(5) and 6009(e) of the Metropolitan Wash- recommended to the Secretary that transfer of Airports Authority fails to have that part of the ington Airports Act of 1986’’ and substitute the federally owned airports be as a unit to an property be used for airport purposes within a ‘‘sections 49104(a)(5) and 49111(e) of this title’’. independent authority to be created by Virginia reasonable period of time, as the Secretary de- and the District of Columbia; and cides. H4862 CONGRESSIONAL RECORD — HOUSE July 8, 1997 ‘‘(3) The Airports Authority is subject to sec- priate. All records and property of the Airports lumbia or by either of them and concurred in by tion 47107 (a)–(c) and (e) of this title and to the Authority shall remain in possession and cus- the legislative authority of the other jurisdic- assurances and conditions required of grant re- tody of the Airports Authority. tion; and cipients under the Airport and Airway Improve- ‘‘(8) The Airports Authority shall develop a ‘‘(B) that at least meet the specifications of ment Act of 1982 (Public Law 97–248, 96 Stat. code of ethics and financial disclosure to ensure this section and section 49108 of this title; 671) as in effect on June 7, 1987. Notwithstand- the integrity of all decisions made by its board ‘‘(2) independent of Virginia and its local gov- ing section 47107(b) of this title, all revenues of directors and employees. The code shall in- ernments, the District of Columbia, and the generated by the Metropolitan Washington Air- clude standards by which members of the board United States Government; and ports shall be expended for the capital and oper- will decide, for purposes of section 49106(d) of ‘‘(3) a political subdivision constituted only to ating costs of the Metropolitan Washington Air- this title, what constitutes a substantial finan- operate and improve the Metropolitan Washing- ports. cial interest and the circumstances under which ton Airports as primary airports serving the ‘‘(4) In acquiring by contract supplies or serv- an exception to the conflict of interest prohibi- Metropolitan Washington area. ices for an amount estimated to be more than tion may be granted. ‘‘(b) GENERAL AUTHORITY.—(1) The Airports $200,000, or awarding concession contracts, the ‘‘(9) A landing fee imposed for operating an Authority shall be authorized— Airports Authority to the maximum extent prac- aircraft or revenues derived from parking auto- ‘‘(A) to acquire, maintain, improve, operate, ticable shall obtain complete and open competi- mobiles— protect, and promote the Metropolitan Washing- tion through the use of published competitive ‘‘(A) at Washington Dulles International Air- ton Airports for public purposes; procedures. By a vote of 7 members, the Airports port may not be used for maintenance or operat- ‘‘(B) to issue bonds from time to time in its Authority may grant exceptions to the require- ing expenses (excluding debt service, deprecia- discretion for public purposes, including paying ments of this paragraph. tion, and amortization) at Washington National any part of the cost of airport improvements, ‘‘(5)(A) Except as provided in subparagraph Airport; and construction, and rehabilitation and the acqui- (B) of this paragraph, all regulations of the ‘‘(B) at Washington National Airport may not sition of real and personal property, including Metropolitan Washington Airports (14 C.F.R. be used for maintenance or operating expenses operating equipment for the airports; part 159) become regulations of the Airports Au- (excluding debt service, depreciation, and amor- ‘‘(C) to acquire real and personal property by thority as of June 7, 1987, and remain in effect tization) at Washington Dulles International purchase, lease, transfer, or exchange; until modified or revoked by the Airports Au- Airport. ‘‘(D) to exercise the powers of eminent domain thority under procedures of the Airports Au- ‘‘(10) The Airports Authority shall compute in Virginia that are conferred on it by Virginia; thority. the fees and charges for landing general avia- ‘‘(E) to levy fees or other charges; and ‘‘(B) Sections 159.59(a) and 159.191 of title 14, tion aircraft at the Metropolitan Washington ‘‘(F) to make and maintain agreements with Code of Federal Regulations, do not become reg- Airports on the same basis as the landing fees employee organizations to the extent that the ulations of the Airports Authority. for air carrier aircraft, except that the Airports Federal Aviation Administration was authorized ‘‘(C) The Airports Authority may not increase Authority may require a minimum landing fee to do so on October 18, 1996. or decrease the number of instrument flight rule that is not more than the landing fee for air- ‘‘(2) Bonds issued under paragraph (1)(B) of takeoffs and landings authorized by the High craft weighing 12,500 pounds. this subsection— Density Rule (14 C.F.R. 93.121 et seq.) at Wash- ‘‘(11) The Secretary shall include other terms ‘‘(A) are not a debt of Virginia, the District of ington National Airport on October 18, 1986, and applicable to the parties to the lease that are Columbia, or a political subdivision of Virginia may not impose a limitation on the number of consistent with, and carry out, this chapter. or the District of Columbia; and passengers taking off or landing at Washington ‘‘(b) PAYMENTS.—Under the lease, the Air- ‘‘(B) may be secured by the Airports National Airport. ports Authority must pay to the general fund of Authority’s revenues generally, or exclusively ‘‘(6)(A) Except as specified in subparagraph the Treasury annually an amount, computed from the income and revenues of certain des- (B) of this paragraph, the Airports Authority using the GNP Price Deflator, equal to ignated projects whether or not any part of the shall assume all rights, liabilities, and obliga- $3,000,000 in 1987 dollars. The Secretary and the projects are financed from the proceeds of the tions of the Metropolitan Washington Airports Airports Authority may renegotiate the level of bonds. on June 7, 1987, including leases, permits, li- lease payments attributable to inflation costs ‘‘(c) BOARD OF DIRECTORS.—(1) The Airports censes, contracts, agreements, claims, tariffs, ac- every 10 years. Authority shall be governed by a board of direc- counts receivable, accounts payable, and litiga- ‘‘(c) ENFORCEMENT OF LEASE PROVISIONS.— tors composed of the following 13 members: tion related to those rights and obligations, re- The district courts of the United States have ju- ‘‘(A) 5 members appointed by the Governor of gardless whether judgment has been entered, risdiction to compel the Airports Authority and Virginia; damages awarded, or appeal taken. The Air- its officers and employees to comply with the ‘‘(B) 3 members appointed by the Mayor of the ports Authority must cooperate in allowing rep- terms of the lease. The Attorney General or an District of Columbia; resentatives of the Attorney General and the aggrieved party may bring an action on behalf ‘‘(C) 2 members appointed by the Governor of Secretary adequate access to employees and of the Government. Maryland; and ‘‘(d) EXTENSION OF LEASE.—The Secretary records when needed for the performance of du- ‘‘(D) 3 members appointed by the President and the Airports Authority may at any time ne- ties and powers related to the period before June with the advice and consent of the Senate. gotiate an extension of the lease. 7, 1987. The Airports Authority shall assume re- ‘‘(2) The Chairman of the board shall be ap- sponsibility for the Federal Aviation Adminis- ‘‘§ 49105. Capital improvements, construction, pointed from among the members by majority tration’s Master Plans for the Metropolitan and rehabilitation vote of the members and shall serve until re- Washington Airports. ‘‘(a) SENSE OF CONGRESS.—It is the sense of placed by majority vote of the members. ‘‘(B) The procedure for disputes resolution Congress that the Metropolitan Washington Air- ‘‘(3) Members of the board shall be appointed contained in any contract entered into on be- ports Authority— by the board for 6 years, except that of the mem- half of the United States Government before ‘‘(1) should pursue the improvement, construc- bers first appointed by the President after Octo- June 7, 1987, continues to govern the perform- tion, and rehabilitation of the facilities at ber 9, 1996, one shall be appointed for 4 years. ance of the contract unless otherwise agreed to Washington Dulles International Airport and A member may serve after the expiration of that by the parties to the contract. Claims for mone- Washington National Airport simultaneously; member’s term until a successor has taken office. tary damages founded in tort, by or against the and ‘‘(4) A member of the board— Government as the owner and operator of the ‘‘(2) to the extent practicable, should cause ‘‘(A) may not hold elective or appointive polit- Metropolitan Washington Airports, arising be- the improvement, construction, and rehabilita- ical office; fore June 7, 1987, shall be adjudicated as if the tion proposed by the Secretary of Transpor- ‘‘(B) serves without compensation except for lease had not been entered into. tation to be completed at Washington Dulles reasonable expenses incident to board functions; ‘‘(C) The Administration is responsible for re- International Airport and Washington National and imbursing the Employees’ Compensation Fund, Airport within 5 years after March 30, 1988. ‘‘(C) must reside within the Washington as provided in section 8147 of title 5, for com- ‘‘(b) SECRETARY’S ASSISTANCE.—The Secretary Standard Metropolitan Statistical Area, except pensation paid or payable after June 7, 1987, in shall assist the 3 airports serving the District of that a member of the board appointed by the accordance with chapter 81 of title 5 for any in- Columbia metropolitan area in planning for President must be a registered voter of a State jury, disability, or death due to events arising operational and capital improvements at those other than Maryland, Virginia, or the District before June 7, 1987, whether or not a claim was airports and shall accelerate consideration of of Columbia. filed or was final on that date. applications for United States Government fi- ‘‘(5) A vacancy in the board shall be filled in ‘‘(D) The Airports Authority shall continue nancial assistance by whichever of the 3 air- the manner in which the original appointment all collective bargaining rights enjoyed by em- ports is most in need of increasing airside capac- was made. A member appointed to fill a vacancy ployees of the Metropolitan Washington Air- ity. occurring before the expiration of the term for ports before June 7, 1987. ‘‘§ 49106. Metropolitan Washington Airports which the member’s predecessor was appointed ‘‘(7) The Comptroller General may conduct Authority shall be appointed only for the remainder of periodic audits of the activities and transactions ‘‘(a) STATUS.—The Metropolitan Washington that term. of the Airports Authority in accordance with Airports Authority shall be— ‘‘(6)(A) Not more than 2 of the members of the generally accepted management principles, and ‘‘(1) a public body corporate and politic with board appointed by the President may be of the under regulations the Comptroller General may the powers and jurisdiction— same political party. prescribe. An audit shall be conducted where ‘‘(A) conferred upon it jointly by the legisla- ‘‘(B) In carrying out their duties on the the Comptroller General considers it appro- tive authority of Virginia and the District of Co- board, members appointed by the President shall July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4863 ensure that adequate consideration is given to Authority when needed to carry out a duty or air carriers by the High Density Rule (14 C.F.R. the national interest. power related to the period before June 7, 1987. 93.121 et seq.) at Washington National Airport ‘‘(C) The members to be appointed under The Secretary shall provide the Airports Au- on October 18, 1986, and may not decrease the paragraph (1)(D) of this subsection must be ap- thority access to employee records of transfer- number of those takeoffs and landings except pointed before October 1, 1997. If the deadline is ring employees for appropriate purposes. for reasons of safety. not met, the Secretary of Transportation and ‘‘§ 49108. Limitations ‘‘§ 49112. Separability and effect of judicial the Airport Authority are subject to the limita- ‘‘After October 1, 2001, the Secretary of Trans- order tions of section 49108 of this title until all mem- portation may not approve an application of the ‘‘(a) SEPARABILITY.—If any provision of this bers referred to in paragraph (1)(D) are ap- Metropolitan Washington Airports Authority— chapter, or the application of a provision of this pointed. ‘‘(1) for an airport development project grant chapter to a person or circumstance, is held in- ‘‘(D) A member appointed by the President under subchapter I of chapter 471 of this title; valid, the remainder of this chapter and the ap- may be removed by the President for cause. or plication of the provision to other persons or cir- ‘‘(7) Eight votes are required to approve bond ‘‘(2) to impose a passenger facility fee under cumstances is not affected. issues and the annual budget. section 40117 of this title. ‘‘(b) EFFECT OF JUDICIAL ORDER.—(1) If any ‘‘(d) CONFLICTS OF INTEREST.—Members of the ‘‘§ 49109. Nonstop flights provision of the Metropolitan Washington Air- board and their immediate families may not be ports Amendments Act of 1996 (title IX of Public ‘‘An air carrier may not operate an aircraft employed by or otherwise hold a substantial fi- Law 104–264, 110 Stat. 3274) or the amendments nonstop in air transportation between Washing- nancial interest in any enterprise that has or is made by the Act, or the application of that pro- ton National Airport and another airport that is seeking a contract or agreement with the Air- vision to a person, circumstance, or venue, is more than 1,250 statute miles away from Wash- ports Authority or is an aeronautical, aviation held invalid by a judicial order, the Secretary of ington National Airport. services, or airport services enterprise that oth- Transportation and the Metropolitan Washing- erwise has interests that can be directly affected § 49110. Use of Dulles Airport Access Highway ton Airports Authority shall be subject to sec- by the Airports Authority. The official appoint- ‘‘The Metropolitan Washington Airports Au- tion 49108 of this title from the day after the day ing a member may make an exception if the fi- thority shall continue in effect and enforce sec- the order is issued. nancial interest is completely disclosed when the tion 4.2 (1) and (2) of the Metropolitan Wash- ‘‘(2) Any action of the Airports Authority that member is appointed and the member does not ington Airports Regulations, as in effect on Feb- was required to be submitted to the Board of Re- participate in board decisions that directly af- ruary 1, 1995. The district courts of the United view under section 6007(f)(4) of the Metropolitan fect the interest. States have jurisdiction to compel the Airports Washington Airports Act of 1986 (Public Law ‘‘(e) CERTAIN ACTIONS TO BE TAKEN BY REGU- Authority and its officers and employees to com- 99–500, 100 Stat. 1783–380, Public Law 99–599, 100 LATION.—An action of the Airports Authority ply with this section. The Attorney General or Stat. 3341–383) before October 9, 1996, remains in changing, or having the effect of changing, the an aggrieved party may bring an action on be- effect and may not be set aside only because of hours of operation of, or the type of aircraft half of the United States Government. a judicial order invalidating certain functions of serving, either of the Metropolitan Washington ‘‘§ 49111. Relationship to and effect of other the Board.’’. Airports may be taken only by regulation of the laws SECTION. 3. TECHNICAL CHANGES TO OTHER Airports Authority. LAWS. ‘‘(a) SAME POWERS AND RESTRICTIONS UNDER ‘‘(f) ADMINISTRATIVE.—To assist the Secretary (a) Effective November 15, 1995, section 333(a) OTHER LAWS.—To ensure that the Metropolitan in carrying out this chapter, the Secretary may (1) and (2) of the Department of Transportation hire 2 staff individuals to be paid by the Air- Washington Airports Authority has the same proprietary powers and is subject to the same re- and Related Agencies Appropriations Act, 1996 ports Authority. The Airports Authority shall (Public Law 104–50, 109 Stat. 457) is amended to provide clerical and support staff that the Sec- strictions under United States law as any other airport except as otherwise provided in this read as follows: retary may require. ‘‘(1) in subparagraph (B) ‘that extends the chapter, during the period that the lease au- ‘‘(g) REVIEW OF CONTRACTING PROCEDURES.— economic life of a bus for at least 5 years’; and The Comptroller General shall review contracts thorized by section 6005 of the Metropolitan ‘‘(2) in subparagraph (C), ‘that extends the of the Airports Authority to decide whether the Washington Airports Act of 1986 (Public Law economic life of a bus for at least 8 years’.’’. contracts were awarded by procedures that fol- 99–500, 100 Stat. 1783–375, Public Law 99–591, 100 (b) Effective July 2, 1996, section 2(c) of the low sound Government contracting principles Stat. 3341–378) is in effect— Anti-Car Theft Improvements Act of 1996 (Public and comply with section 49104(a)(4) of this title. ‘‘(1) the Metropolitan Washington Airports Law 104–152, 110 Stat. 1384) is amended by strik- The Comptroller General shall submit periodic are deemed to be public airports for purposes of ing ‘‘sections 30502 and 30503’’ and substituting reports of the conclusions reached as a result of chapter 471 of this title; and ‘‘sections 30501(6), 30502, 30503, and the review to the Committee on Transportation ‘‘(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 30504(a)(1)’’. and Infrastructure of the House of Representa- 686), the First Supplemental Civil Functions Ap- (c) Effective October 9, 1996, the Federal Avia- tives and the Committee on Commerce, Science, propriations Act, 1941 (ch. 780, 54 Stat. 1030), tion Reauthorization Act of 1996 (Public Law and Transportation of the Senate. and the Act of September 7, 1950 (ch. 905, 64 104–264, 110 Stat. 3213) is amended as follows: Stat. 770), do not apply to the operation of the (1) Section 123 is amended as follows: ‘‘§ 49107. Federal employees at Metropolitan Metropolitan Washington Airports, and the Sec- Washington Airports (A) Subsection (b)(6) is amended to read as retary of Transportation is relieved of all re- follows: ‘‘(a) LABOR AGREEMENTS.—The Metropolitan sponsibility under those Acts. ‘‘(6) in subparagraph (B), as so redesignated, Washington Airports Authority shall adopt all ‘‘(b) INAPPLICABILITY OF CERTAIN LAWS.—The by striking ‘at least 2.25’ and all that follows labor agreements that were in effect on June 7, Metropolitan Washington Airports and the Air- through ‘1996,’ and inserting ‘at least 4 percent 1987. Unless the parties otherwise agree, the port Authority are not subject to the require- for each of fiscal years 1997 and 1998’; and’’. agreements must be renegotiated before June 7, ments of any law solely by reason of the reten- (B) Add at the end the following: 1992. tion of the United States Government of the fee ‘‘(d) CONFORMING CROSS-REFERENCE.—Section ‘‘(2) Employee protection arrangements made simple title to those airports. 47117(e)(1)(A), as redesignated by subsection under this section shall ensure, during the 50- ‘‘(c) POLICE POWER.—Virginia shall have con- (b)(3) of this section, is amended by striking year lease term, the continuation of all collec- current police power authority over the Metro- ‘47504(c)(1)’ and substituting ‘47504(c)’.’’. tive bargaining rights enjoyed by transferred politan Washington Airports, and the courts of (2) Section 124 is amended by striking sub- employees retained by the Airports Authority. Virginia may exercise jurisdiction over Washing- section (d). ‘‘(b) CIVIL SERVICE RETIREMENT.—Any Fed- ton National Airport. (3) Section 276 is amended by adding at the eral employee who transferred to the Airports ‘‘(d) PLANNING.—(1) The authority of the Na- end the following: Authority and who on June 6, 1987, was subject tional Capital Planning Commission under sec- ‘‘(c) CONFORMING CROSS-REFERENCE.—Section to subchapter III of chapter 83 or chapter 84 of tion 5 of the Act of June 6, 1924 (40 U.S.C. 71d), 106(g)(1)(A) is amended by striking ‘45302, 45303’ title 5, is subject to subchapter II of chapter 83 does not apply to the Airports Authority. and substituting ‘45302–45304’.’’. or chapter 84 for so long as continually em- ‘‘(2) The Airports Authority shall consult (4) Sections 502(c) and 1220(b) are repealed. ployed by the Airports Authority without a with— (d) Effective October 11, 1996— break in service. For purposes of subchapter III ‘‘(A) the Commission and the Advisory Coun- (1) Section 5 of the Act of October 11, 1996 of chapter 83 and chapter 84, employment by the cil on Historic Preservation before undertaking (Public Law 104–287, 110 Stat. 3388), is amended Airports Authority without a break in continu- any major alterations to the exterior of the main as follows: ity of service is deemed to be employment by the terminal at Washington Dulles International (A) In clause (45)(A), strike ‘‘ENFORCEMENT,’’ United States Government. The Airports Au- Airport; and and substitute ‘‘ENFORCEMENT:’’ thority is the employing agency for purposes of ‘‘(B) the Commission before undertaking de- (B) Clause (69) is amended to read as follows: subchapter III of chapter 83 and chapter 84 and velopment that would alter the skyline of Wash- ‘‘(69)(A) Add at the end of chapter 401 the fol- shall contribute to the Civil Service Retirement ington National Airport when viewed from the lowing: and Disability Fund amounts required by sub- opposing shoreline of the Potomac River or from ‘§ 40124. Interstate agreements for airport fa- chapter III of chapter 83 and chapter 84. the George Washington Parkway. cilities ‘‘(c) ACCESS TO RECORDS.—The Airports Au- ‘‘(e) OPERATION LIMITATIONS.—The Adminis- ‘Congress consents to a State making an thority shall allow representatives of the Sec- trator of the Federal Aviation Administration agreement, not in conflict with a law of the retary of Transportation adequate access to em- may not increase the number of instrument United States, with another State to develop or ployees and employee records of the Airports flight rule takeoffs and landings authorized for operate an airport facility.’. H4864 CONGRESSIONAL RECORD — HOUSE July 8, 1997 ‘(B) In the analysis for chapter 401, add at 1301(5))’’ and substitute ‘‘section 40102(a)(6) of provision enacted by this Act until repealed, the end the following: title 49, United States Code’’; amended, or superseded. ‘40124. Interstate agreements for airport facili- (B) in paragraph (2), strike ‘‘section 603(c) of (d) ACTIONS AND OFFENSES UNDER PRIOR ties.’.’’. the Federal Aviation Act of 1958 (49 U.S.C. LAW.—An action taken or an offense committed (C) Clause (76) is repealed. 1423(c))’’ and substitute ‘‘section 44704(c)(1) of under a law replaced by this Act is deemed to (D) Clause (79) is amended to read as follows: title 49, United States Code,’’; and have been taken or committed under the cor- ‘‘(79) In section 46316(b), strike ‘and sections (C) in paragraph (4), strike ‘‘section 603(a) of responding provision enacted by this Act. 44701 (a) and (b), 44702–44716, 44901, 44903 (b) the Federal Aviation Act of 1958 (49 U.S.C. (e) INFERENCES.—An inference of a legislative and (c), 44905, 44906, 44912–44915, and 44932– 1423(a))’’ and substitute ‘‘section 44704(a) of construction is not to be drawn by reason of the 44938’ and substitute ‘chapter 447 (except section title 49, United States Code,’’. location in the United States Code of a provision 44718(a)), and chapter 449 (except sections 44902, (f) The amendments made by subsections (a)– 44903(d), 44904, and 44907–44909)’.’’. (d) of this section shall take effect as if included enacted by this Act or by reason of a caption or (E) (84) is repealed. in the provisions of the acts to which the catch line of the provision. (2) Section 8 of the Act of October 11, 1996 amendments relate. (f) SEVERABILITY.—If a provision enacted by (Public Law 104–287, 110 Stat. 3400), is amended SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUC- this Act is held invalid, all valid provisions that as follows: TION. are severable from the invalid provision remain (A) In paragraph (1), strike ‘‘(77), (78)’’ and (a) NO SUBSTANTIVE CHANGE.—This Act re- in effect. If a provision enacted by this Act is substitute ‘‘(77)–(79)’’. states, without substantive change, laws en- held invalid in any of its applications, the pro- (B) Paragraph (2) is amended to read as fol- acted before May 1, 1997, that were replaced by vision remains valid for all valid applications lows: this Act. This Act may not be construed as mak- that are severable from any of the invalid appli- ‘‘(2) The amendments made by section ing a substantive change in the laws replaced. cations. 5(81)(B), (82)(A), and (83)(A) shall take effect on September 30, 1998.’’. Laws enacted after April 30, 1997, that are in- SEC. 5. REPEALS. consistent with this Act supersede this Act to (e) The General Aviation Revitalization Act of (a) INFERENCES OF REPEAL.—The repeal of a 1994 (Public Law 103–298, 108 Stat. 1552) is the extent of the inconsistency. (b) REFERENCES.—A reference to a law re- law by this Act may not be construed as a legis- amended as follows: lative inference that the provision was or was (1) In section 2(c), strike ‘‘the Federal Avia- placed by this Act, including a reference in a not in effect before its repeal. tion Act of 1958 (49 U.S.C. App. 1301 et seq.)’’ regulation, order, or other law, is deemed to and substitute ‘‘part A of subtitle VII of title 49, refer to the corresponding provision enacted by (b) REPEALER SCHEDULE.—The laws specified United States Code,’’. this Act. in the following schedule are repealed, except (2) In section 3— (c) CONTINUING EFFECT.—An order, rule, or for rights and duties that matured, penalties (A) in paragraph (1), strike ‘‘section 101(5) of regulation in effect under a law replaced by this that were incurred, and proceedings that were the Federal Aviation Act of 1958 (49 U.S.C. Act continues in effect under the corresponding begun before the date of enactment of this Act: Schedule of Laws Repealed Statutes at Large

Statutes at Large U.S. Code Date Chapter or Public Law Section Vol- ume Page Title Section

1996 Oct. 18 ...... 99–500 ...... 6001–6012 ...... 100 1783–373 ...... Oct. 30 ...... 99–591 ...... 6001–6012 ...... 100 3341–376 ...... 1991 Dec. 18 ...... 102–240 ...... 7001–7004 ...... 105 2197 ...... 1996 Oct. 9 ...... 104–264 ...... 902–907 ...... 110 3274 ......

The SPEAKER pro tempore. Pursu- tional costs to the Government would PROHIBITION ON FINANCIAL ant to the rule, the gentleman from be incurred as a result of the enact- TRANSACTIONS WITH COUNTRIES Florida [Mr. MCCOLLUM] and the gen- ment of H.R. 1086, as amended. SUPPORTING TERRORISM ACT tleman from Massachusetts [Mr. OF 1997 I urge my colleagues to support H.R. DELAHUNT] each will control 20 min- 1086, as amended. Mr. MCCOLLUM. Mr. Speaker, I utes. move to suspend the rules and pass the The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of bill (H.R. 748) to amend the prohibition from Florida [Mr. MCCOLLUM]. my time. of title 18, United States Code, against GENERAL LEAVE Mr. DELAHUNT. Mr. Speaker, I yield financial transactions with terrorists, Mr. McCOLLUM. Mr. Speaker, I ask myself such time as I may consume. I as amended. unanimous consent that all Members simply would associate myself with the The Clerk read as follows: may have 5 legislative days within remarks of the gentleman from Florida H.R. 748 which to revise and extend their re- Be it enacted by the Senate and House of Rep- marks on the bill under consideration. [Mr. MCCOLLUM], and I would urge that resentatives of the United States of America in The SPEAKER pro tempore. Is there the House support this revision. Congress assembled, objection to the request of the gen- Mr. Speaker, I yield back the balance SECTION 1. SHORT TITLE. tleman from Florida? of my time. This Act may be cited as the ‘‘Prohibition There was no objection. on Financial Transactions With Countries Mr. MCCOLLUM. Mr. Speaker, I yield Supporting Terrorism Act of 1997’’. Mr. McCOLLUM. Mr. Speaker, I yield back the balance of my time. SEC. 2. FINANCIAL TRANSACTIONS WITH TER- myself such time as I may consume. RORISTS. Mr. Speaker, H.R. 1086, as amended, The SPEAKER pro tempore. The Section 2332d of title 18, United States is a bill to codify without substantive question is on the motion offered by Code, (relating to financial transactions) is change laws related to transportation the gentleman from Florida [Mr. amended— (1) in subsection (a)— not included in title 49, Transpor- MCCOLLUM] that the House suspend the tation, and to improve the United (A) by striking ‘‘Except as provided in reg- rules and pass the bill, H.R. 1086, as ulations issued by the Secretary of the States Code. This bill was prepared by amended. Treasury, in consultation with the Secretary the Office of the Law Revision Counsel of State, whoever’’ and inserting ‘‘Whoever’’; under its authority to prepare and sub- The question was taken; and (two- and mit periodically revisions of positive thirds having voted in favor thereof) (B) by inserting ‘‘of 1979’’ after ‘‘Export Ad- law titles of the United States Code to the rules were suspended and the bill, ministration Act’’; and keep those titles current. as amended, was passed. (2) in subsection (b)(1), by inserting after ‘‘1956(c)(4)’’ the following: ‘‘, except that The Law Revision Counsel has in- A motion to reconsider was laid on such term does not include any transactions formed us that he is satisfied that H.R. the table. ordinarily incident to— 1086, as amended, makes no substantive ‘‘(A) routine diplomatic relations among changes in the law. Therefore, no addi- countries; July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4865 ‘‘(B) an official act by a representative of, Section 321 was drafted with a dual It has been suggested by some that or an act which is authorized by and con- purpose in mind. First, by prohibiting this legislation comes at a time when ducted on behalf of, the United States Gov- financial support from terrorist coun- peace talks between Syria and Israel ernment; tries to terrorist persons, it attempts are a future possibility. We have all got ‘‘(C) the broadcasting or reporting of news by organizations regularly engaged in such to prevent the long arm of terrorism to hope that that occurs. In fact, I cer- activity; or from reaching the shores of the United tainly hope that that is true and that ‘‘(D) the provision or purchase of assist- States through domestic entities. Sec- such talks will occur and be fruitful. ance intended to relieve human suffering, in- ond, the provision was intended to pro- Until such time, however, we must all cluding medical services, supplies, and equip- hibit all financial transactions by U.S. stand firm on the principle that terror- ment; persons with these countries regardless ism will not be tolerated and that ‘‘(E) the receipt of emergency medical of where these transactions took place. countries giving shelter and support to services; This would have the effect of cutting ‘‘(F) any postal, telegraphic, or other per- terrorists are acting against the well sonal communication which does not involve off terrorist sponsoring governments being of the world community. a transfer of anything of value; from economic benefits of doing busi- If the passage of this legislation ‘‘(G) the protection of intellectual property ness with U.S. companies. would detract from the peace process, rights of any United States person; We agreed last year to authorize the as some I think genuinely believe, I ‘‘(H) the performance of any contract or Department of the Treasury, in con- however do not, but as some believe, agreement that was entered into before June sultation with the Department of then I would suggest that the peace 12, 1997, but not those renewed after such State, to issue regulations which pro- that is at hand is not really there and date; vided some exceptions to this ban. We that it is a false hope rather than a re- ‘‘(I) the provision of hospitality or trans- intended that these regulations exclude portation services; or ality. For all this legislation does is ‘‘(J) the payment of a claim to any United a variety of specific transactions such simply say that we are enforcing the States person’’. as those which occur in the course of laws of this land, that we are inter- SEC. 3. REPORT ON EFFECTS OF ENACTMENT. diplomatic activities and other related ested in making certain that those Beginning not later than one year after the official matters. countries that do engage in supporting date of enactment to this Act, the Secretary Instead, in August of last year, the terrorism to the extent that they are of the Treasury, in consultation with the Treasury Department published regula- placed on a terrorist list by our govern- Secretary of State, shall issue an annual re- tions in relation to section 321 which ment as countries that support these port to Congress on— essentially reversed the effect of the acts are not going to any longer be able (1) the impact of this prohibition on United new prohibition. These regulations per- to engage in normal financial trans- States businesses; and mit all financial transactions other (2) any means by which a negative impact actions with U.S. persons, U.S. citi- might be ameliorated. than those which pose a risk of further- zens, U.S. companies, and all that a ing domestic terrorism. The regula- country has to do to get off the list, to The SPEAKER pro tempore. Pursu- tions prohibit U.S. persons from receiv- ant to the rule, the gentleman from avoid this sanction, is simply to stop ing unlicensed donations and from en- those activities that have gotten them Florida [Mr. MCCOLLUM] and the gen- gaging in financial transactions with tleman from Massachusetts [Mr. on the list in the first place. While respect to which the United States per- some of the countries listed may en- DELAHUNT] each will control 20 min- son knows or has reasonable cause to gage more openly and more often and utes. believe that the financial transaction The Chair recognizes the gentleman more frequently in these acts that poses a risk of furthering terrorist acts make them terrorist-list countries, all from Florida [Mr. MCCOLLUM]. in the United States. Thus, these regu- of the countries are on the list for a GENERAL LEAVE lations completely ignore the second reason. I would submit again that if Mr. MCCOLLUM. Mr. Speaker, I ask purpose of the prohibition. They ensure one or two of these nations are close to unanimous consent that all Members a business as usual policy and rep- the line and only have to take a few may have 5 legislative days within resent a step backwards in the effort to steps to come off the list that they pro- which to revise and extend their re- isolate countries which provide support ceed to do so. In fact that is indeed the marks on H.R. 748, the bill under con- to terrorists. message of this bill. sideration. H.R. 748 strips the executive branch Mr. Speaker, H.R. 748 is a very im- The SPEAKER pro tempore. Is there of its authority to issue regulations ex- portant piece of legislation. There objection to the request of the gen- empting transactions from the prohibi- should be no higher priority for the tleman from Florida? tion. It establishes instead a legislative United States in the battle against ter- There was no objection. exception only for specified trans- rorism than the elimination of foreign Mr. MCCOLLUM. Mr. Speaker, I yield actions. The list of permitted activities government support for terrorists. I myself such time as I may consume. and transactions incident thereto in- urge my colleagues to support this bill. Mr. Speaker, this bill, H.R. 748, is an clude: routine diplomatic relations Mr. Speaker, I reserve the balance of important addition to the Federal Gov- among countries; official acts by rep- my time. ernment’s battle against international resentatives of the U.S. Government; Mr. DELAHUNT. Mr. Speaker, I yield terrorists and particularly those coun- news reporting; humanitarian assist- myself such time as I may consume. tries which have been identified as sup- ance; emergency medical services and Mr. Speaker, this bill would replace porters of terrorism. the provision of medical supplies; post- the existing rules and procedures gov- The gentleman from New York [Mr. al and telephone services; the protec- erning financial transactions with ter- SCHUMER], the ranking member of the tion of intellectual property rights; rorism listed governments with an ab- Subcommittee on Crime, and I intro- hospitality or transportation services; solute ban on such transactions unless duced this bill for the purpose of elimi- payments of a claim to U.S. persons; they fit in one of the 10 express exemp- nating overly permissive regulations and transactions connected to con- tions provided by the bill. I want to promulgated by the administration tracts and agreements entered into be- commend the gentleman from Florida last year which have effectively gutted fore the formal consideration of this [Mr. MCCOLLUM] for his diligent efforts the provisions he and I offered success- legislation. on behalf of this measure. I want to as- fully to the antiterrorism bill in the As a result of sanctions currently in sociate myself with the intent of his last Congress. place involving Iran, Iraq, North legislation. The amendment the gentleman from Korea, Libya, and Cuba, this bill has a While I join with him and the rest of New York [Mr. SCHUMER] and I success- more significant impact on trans- the committee in reporting the bill fa- fully offered to the antiterrorism bill, actions between United States persons vorably, I do have a concern which I now known as section 321, prohibited and the governments of Sudan and raised during the committee’s consid- all financial transactions between U.S. Syria. These two countries are the only eration of the bill as to what effect the persons and governments which have terrorist-list countries not subject to bill might have on the embargoes cur- been designated as supporters of terror- economic sanctions under other provi- rently in place against 5 of the 7 coun- ism. sions of law. tries on the terrorism list. Specifically, H4866 CONGRESSIONAL RECORD — HOUSE July 8, 1997 I was concerned about whether the bill would remove this regulatory authority and Americans may be required to engage in leaves the executive branch sufficient thus would appear to have the effect of over- with individual terrorism-list governments, flexibility to address individual cases riding any statutory or regulatory provi- nor can we anticipate all the activities, as they may arise since it is impossible sions that may conflict. If H.R. 748 were whether governmental or private, that may adopted, the Administration may no longer require some form of financial transaction to fully anticipate all the myriad cir- be able, under the embargo authorities oth- with a terrorism-list government in the fu- cumstances which might require pri- erwise available to it, to authorize trans- ture. As a result, it is impossible to provide vate citizens or the government itself actions with terrorist-list governments, a comprehensive list of cases that could to engage in financial transactions in other than those specifically exempted by serve as the basis for developing exemptions the midst of an embargo. I have since H.R. 748. An example might be the repatri- to this provision. received a letter from the Department ation of MIA remains from North Korea. Unless the Executive Branch is entrusted of State which indicates that. A further related concern is whether H.R. with the discretion to address individual cir- 748 is meant to take precedence over more cumstances, as under current law, any list of The effect on these embargoes would be specific laws such as the Cuban Democracy exceptions would necessarily be inadequate significant, including in ways that cannot be Act of 1992, 22 U.S.C. 6001 et seq. (‘‘the CDA to protect the interests of the United States. fully foreseen or assessed at this time. or Torricelli Act) which authorizes various Among the consequences of such a rigid The letter which I would ask to have forms of support for the Cuban people ‘‘not- legislative approach could be the following: included in the RECORD goes on to say withstanding any other provision of law,’’ or The U.S. might no longer be able to meet that: the Cuban Liberty and Democracy Solidarity certain binding legal obligations undertaken If H.R. 748 were adopted, the administra- Act of 1996, 22 U.S.C. 6021 et seq. (‘‘the in the past with Iran, including implementa- tion may no longer be able, under the embar- Libertad Act’’ or ‘‘the Helms-Burton Act’’) tion of the Algiers Accords through the Iran- go authorities otherwise available to it, to which codifies the pre-existing Cuban embar- U.S. Claims Tribunal in the Hague, and im- authorize transactions with terrorist-list go, including licensing authorities. plementation of the agreement settling the governments, other than those specifically Your question highlights the difficulty 1988 Iran Air shootdown and certain Tribunal exempted by H.R. 748. An example might be that the Judiciary Committee and the Ad- bank claims. These obligations may extend the repatriation of MIA remains from North ministration would face in trying to develop beyond the more limited exceptions provided Korea.’’ a specific and comprehensive list of exemp- for payments incident to official acts by the tions that would be necessary if a complete USG or on its behalf or payments of claims b 1545 ban on financial transactions with terror- to Americans, to include, for example: The department’s letter offers many ism-list governments were adopted. While Payments by U.S. claimants of Tribunal awards to the Government of Iran (Under the other such examples, including the the exemptions that have been added to H.R. 748 are helpful, they are by no means ade- Algiers Accords, these awards are enforce- payment of taxes and other fees to pro- quate. Enclosed is a list of examples that we able in foreign courts.) tect property interests in terrorist list- have developed within the Department of Payments by Iran for the warehousing ar- ed countries, payments on claims nego- State to identify some of the more obvious rangement it has with Victory Van in Vir- tiated before the Iran-United States and troublesome consequences if H.R. 748, as ginia, which stores Iran’s equipment that the Claims Tribunal, transactions made in amended, were enacted into law. (Other De- USG refuses to license for export to Iran. connection with the dismantlement of partments and agencies may have additional Payments via government-controlled concerns for their programs.) banks to Iranian relatives of victims of the the Iraqi nuclear weapons program, Iran Air shootdown; and and transactions associated with hu- We do not know the full range of trans- actions which U.S. citizens or residents may Private payments for expenses that are not manitarian activities that may not fall be required to engage in with the individual necessarily on behalf of the USG the denial within the express exemptions in the terrorism-list governments, nor can we an- of which could result in USG liability under bill. ticipate all the activities, whether govern- the Accords or other agreements; I frankly do not know whether these mental or private, that may require some Payments by Iran necessary to enforce its particular horrors would come to pass form of financial transaction with a terror- awards or bring other claims in U.S. courts ism-list government in the future. No enu- (also as provided for in the Algiers Accords); if the bill becomes law or not. I am not Payments by terrorism list governments meration of specific exemptions would be in a position to know, but I think it generally to defend lawsuits and property in- adequate to meet all the unforeseen cir- should matter to us that those who are terests in the U.S., which may raise con- cumstances that inevitably arise in the ad- in a position to know have raised ques- stitutional issues. ministration of a sanctions regime. Unless It is unclear whether the provision is tions of this magnitude. One thing that the Administration is entrusted with the dis- meant to override the basic scheme of the I do know is that the gentleman from cretion to address specific circumstances, as Foreign Sovereign Immunities Act (FSIA) by Florida is a thoughtful and reasonable in current law, any list of exemptions would denying American attorneys payment for colleague and that he has attempted to necessarily be inadequate to protect the in- representation of terrorism list governments terests of the United States. work with the administration to re- sued in the United States. We appreciate your consideration of these solve these concerns, and I hope and (Under the FSIA, foreign states are not im- views. trust and am confident that he will mune from actions arising from a broad Sincerely, continue to do so. range of activities, including terrorist acts BARBARA LARKIN, U.S. DEPARTMENT OF STATE, by the 6(j) countries against U.S. nationals. Assistant Secretary, Legislative Affairs. Washington, DC, June 20, 1997. The Act assumes the issues of immunity and Hon. WILLIAM D. DELAHUNT, liability will be resolved through U.S. court H.R. 748 AS AMENDED House of Representatives. proceedings. Deprivation of counsel for 6(j) DEAR MR. DELAHUNT: Thank you for your DESCRIPTION government defendants may raise constitu- question, raised at the House Judiciary Com- H.R. 748, as amended by the House Judici- tional issues, call into question the fairness mittee meeting of June 18, whether H.R. 748 ary Committee, prohibits financial trans- of the U.S. legal system, and generally dis- would have an effect on the embargoes cur- actions with terrorism-list governments, un- courage foreign governments from participa- rently in place against five of the seven ter- less specifically exempted by its terms. The tion in suits under the FSIA, thus impeding rorism-list countries under the authorities ten exemptions included thus far, however, USG efforts to persuade foreign states to that include the International Emergency are inadequate to alleviate a wide range of adopt the restrictive theory of sovereign im- Economic Powers Act 50 U.S.C. § 1701 et seq. adverse consequences for American citizens munity and honor U.S. court judgments.) (‘‘IEEPA’’), the Trading with the Enemy and the civilian population of the countries It is unclear that an exception for provi- Act, 50 U.S.C. App. § 1 et seq. (‘‘TWEA’’), and concerned, as well as for the conduct of for- sion of humanitarian assistance would be section 5 of the United Nations Participation eign policy and other governmental and sufficient to enable U.S. nationals to pay the Act (22 U.S.C. 287c) (‘‘UNPA’’). The five coun- intergovernmental functions. It strips the incidental government fees and personal ex- tries are Cuba, Iran, Iraq, North Korea, and Executive Branch of all regulatory and li- penses necessary to enable them to travel to Libya. The effect on those embargoes would censing flexibility now contained in section or subsist in terrorism list countries to sup- be significant, including in ways that cannot 321 of the 1996 Antiterrorism Act and other port or work in humanitarian programs in be fully foreseen or assessed at this time. embargo authorities. By so doing, its poten- these countries; The Department of the Treasury regula- tial impact would exceed that of any existing It is unclear whether an exception for the tions (31 C.F.R. § 596.503), currently in force embargo. provision of assistance intended to relieve under the authority of 18 U.S.C. 2332d, incor- We appreciate the effort made by the Judi- human suffering is sufficient, for example, to porate by reference the exemptions and li- ciary Committee to accommodate certain allow Americans to repatriate the remains of censing policies applicable under each indi- limited concerns; however the minimal ex- family members who die in terrorism list vidual embargo, so as to preserve the legisla- ceptions reflected in the H.R. 748, as amend- countries, to settle decedents’ estates, or to tive mandates and executive branch policies ed, are inadequate. We do not know the full relieve other personal hardships that may that apply under each program. H.R. 748 range of incidental transactions which arise in these countries; July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4867 Nor is it clear that an exception strictly not believe that the specific concerns Mr. RAHALL. Mr. Speaker, combating inter- limited to official transactions by the USG listed in the letter are concerns that national terrorism is in the vital national inter- or conducted on its behalf would be suffi- are not addressed in the bill. They are est of the United States. There can be no mis- cient to permit the continuation of trans- addressed in the bill. take about that. Nor can there be any question actions by intergovernmental or non-govern- For example, if there is a repatri- mental organizations or of private individ- that the Clinton administration has worked tire- uals in furtherance of on-going programs ation of MIA remains that would be in- lessly in pursuit of this objective. While the serving important U.S. interests, including volved from North Korea, they are cov- purpose of H.R. 748 is to assist in this effort, repatriation of MIA remains from North ered because the language that we have the ultimate consequence, albeit unintended, Korea, dismantlement of North Korea’s and in the exemption of the bill says it does may very well be the opposite. Iraq’s nuclear weapons’ programs, and pro- not include any transaction ordinarily If passed, H.R. 748 will prevent the adminis- motion of freer communication with the incident to an official act by a rep- tration from acting on foreign policy objectives Cuban population; resentative of or an act which is au- The exception for transactions ‘‘incident and conducting basic diplomacy. In his open- thorized by and conducted on behalf of ing remarks, Representative MCCOLLUM stated to routine diplomatic relations among coun- the United States Government. And I tries’’ may not clearly encompass the main- clearly, ``The bill strips the executive branch of tenance of interest sections and protecting have spent some considerable time the authority to issue regulations exempting power arrangements, which are not generally with staff of other committees making transactions from the prohibition. It establishes viewed as ‘‘routine diplomatic relations;’’ certain that this covers activities that instead a legislative exception * * *.'' By re- Nor is it clear whether the provision’s dip- we might delegate out through our moving any flexibility the Executive branch has lomatic exception applies to multilateral communities, both in defense and in- in implementing economic sanctions or prohi- representation, for example, the ability of telligence, as well as those which the bitions on financial transactions, the President terrorism-list governments to maintain mis- State Department may be doing. sions to international organizations The same would be true with regard is stripped of his ability to conduct the foreign headquartered in the United States (even to the Cuban Democracy Act and the policy affairs of the United StatesÐa respon- where the USG has relevant treaty obliga- concern which was expressed in that sibility granted him by the Constitution. tions such as the obligation under the U.N. In addition, while this bill may be touted as Headquarters Agreement not to impede the letter about it because the act itself on its face, the Cuban Democracy Act, a safeguard against loopholes in existing leg- functioning of these missions). islation, it is vital to point out that the The protection of intellectual property says notwithstanding any other provi- rights of Americans is a welcome exception, sion of law, and this bill, 748, does not Antiterrorism and Effective Death Penalty Act but does not adequately resolve binding legal override that concern, is still the ex- of 1996 is an effective tool employed by the obligation of the United States under var- press view of the bill on its face that President to advance our counter-terrorism ious multilateral intellectual property was passed before the Cuban act that I agenda in a manner he deems most appro- agreements to protect the rights of property am talking about. priate, country by country. This restrictive leg- owners in other member states; I would also add that while of course islation has serious implicationsÐultimately Nor do the exceptions adequately provide tying the President's hands in waging the war for taxes and other fees that Americans may we cannot list every possible exception, be required to pay to protect real or other and the ideal was what we passed in on international terrorism. property interests in terrorism-list coun- the legislation that is currently law, While the bill may have an effect on various tries; where we give full discretion to the regions of the world, one can look to the Mid- It is unclear how Americans are to inter- Treasury and the State Departments to dle East peace process as a clear example of pret the scope of the various exceptions on make exceptions as they see fit. The how it will restrict the President's foreign pol- their own without administrative or regu- fact is they abused it grossly, and if we icy. Without the ability to engage Syria, the latory guidance from a designated federal are going to restrict the terrorist list United States can not be viewed as a bal- agency, as is normally the practice under anced intermediary between the parties to the embargoes; the net result may be a chilling countries and restrict financial trans- effect on even those transactions that the actions of U.S. citizens from doing such process. The peace process itself, a critical Congress seeks to protect from interruption things as going out and developing oil foreign policy objective, would be hindered by through these exemptions. fields and investing in those countries such action because the bill would impede the In sum, the Government already has a wide that are terrorist list nations and giv- Administration's ability to advance stated range of economic sanctions against coun- ing them then the means and the re- peace process objectives. tries that support international terrorism sources to fuel terrorist acts around Ms. HARMAN. Mr. Speaker, I rise including Syria and Sudan. Sanctions are the world by their support of terrorist today in opposition to H.R. 748, which, most effectively used in dealing with specific in the name of stopping terrorism, events or problems. They are a tool, not an activities, then the whole exercise that end in themselves. To impose such sweeping we had in the antiterrorism bill is fu- would mandate an automatic one-size- mandatory sanctions, particularly in the ab- tile and useless and not workable. And fits-all foreign policy and restrict the sence of a precipitating event, does not while I would continue to work with rights of American citizens and compa- strengthen our counter-terrorism efforts or the gentleman from Massachusetts as nies to do business in some countries other foreign policy goals with these individ- well as those at the State Department overseas. ual countries. Indeed, it weakens them. It and our Government in the period of We all agree that terrorism is abhor- uses up the remaining economic arrows, time between the House floor activity rent, and that stopping it must be a top leaving little ammunition in reserve. foreign policy priority for the United Such sweeping measures, make it more dif- today and any final bill that comes out ficult to maintain the contacts and dialogue of both bodies in conference to see if States. needed to get necessary cooperation on spe- there are other issues that we might The tough question, though, is how cific situations, as we have in the past been need to resolve, it is certainly my in- best to meet that goal. Are we better able to obtain from Syria and Sudan. We tent and, I believe, the members of the off adopting multilateral policies to have even had limited success with certain subcommittee by and large and the full deal with individual state sponsors of embargoed countries which would not have Committee on the Judiciary to see that terrorism? Or should we automatically been possible without the flexibility and dis- the House passes this bill today, as I impose unilateral sanctions on every cretion available to the Executive branch believe it will be the will of the House, nation deemed a sponsor of terrorism? under existing laws to create a climate for encouraging positive change within those and that we send a clear and unmistak- The bill before us today chooses the countries. able message that doing business with second answer to this question: Auto- The Administration has sufficient author- terrorist organizations and in support matic sanctions. This is a tempting so- ity to deal with specific situations as nec- of terrorism and being on the terrorist lution. After all, we’re talking about essary. lists by our State Department, if they countries like Iran, Libya, Cuba, and Mr. MCCOLLUM. Mr. Speaker, I yield are a country doing that, then they are North Korea. There are few defenders myself such time as I may consume. not going to get the benefits of ordi- of these regimes anywhere in the I would like to respond to the gen- nary, everyday financial transactions world. tleman only to state a couple of things. with United States citizens. It is sim- Unfortunately, there are three major One is that the concerns that he has ply not common sense to let that hap- costs associated with imposing unilat- expressed through the letter of the pen, it is not good American policy, eral sanctions. State Department of June 20, 1997, I and I believe that this legislation needs First, unilateral sanctions are rarely, have examined with my staff. We do to be adopted and should be adopted. if ever, an effective punishment. When H4868 CONGRESSIONAL RECORD — HOUSE July 8, 1997 American companies are barred from H.R. 1840 manufacturers or distributors of this entering foreign markets, competitors Be it enacted by the Senate and House of Rep- technology be able to contact law en- from Asia and Europe are poised to resentatives of the United States of America in forcement agencies and make them take advantage. Without multilateral Congress assembled, aware of improvements. That is the support for sanctions, then, the puni- SECTION 1. SHORT TITLE. only purpose of this legislation. tive effect of banning American busi- This Act may be cited as the ‘‘Law En- It is certainly very important to pro- forcement Technology Advertisement Clari- tect privacy rights of every citizen in ness from a country may be minimal at fication Act of 1997’’. best. this country, and this bill does not SEC. 2. EXCEPTION TO PROHIBITION ON ADVER- Second, imposing unilateral sanc- TISING CERTAIN DEVICES. grant any new authority to law en- tions means lost American jobs. It is Section 2512 of title 18, United States Code, forcement in the area of electronic self-evident that keeping American is amended by adding at the end the follow- interception. Although law enforce- companies out of foreign markets ing: ment may already legally use devices means lost American wealth. ‘‘(3) It shall not be unlawful under this sec- intended for surreptitious interception, Third, imposing unilateral sanctions tion to advertise for sale a device described nothing in this bill expands existing in subsection (1) of this section if the adver- will not necessarily end a foreign gov- tisement is mailed, sent, or carried in inter- law. This change only relates to adver- ernment’s use of terrorism. In fact, in state or foreign commerce solely to a domes- tisement of such equipment though cases where terrorist regimes are gen- tic provider of wire or electronic commu- subcommittee staff and industry rep- erally supported by their subjects, im- nication service or to an agency of the Unit- resentatives who work closely with the posing sanctions is likely only to in- ed States, a State, or a political subdivision Federal Bureau of Investigation to en- crease anti-American sentiment and thereof which is duly authorized to use such sure that this language will only pro- strengthen the hold of those in power. device.’’. vide relief to companies that manufac- I do support unilateral sanctions in The SPEAKER pro tempore. Pursu- ture law enforcement related equip- certain targeted instances, for example ant to the rule, the gentleman from ment, and I would like to thank Direc- with Iran. But taking away the Presi- Florida [Mr. MCCOLLUM] and the gen- tor Freeh for his assistance with this dent’s prerogative to choose, and tleman from Massachusetts [Mr. legislation. Congress’s ability to assess whether to DELAHUNT] each will control 20 min- Again the sole purpose of this bill is use this blunt policy tool, as the bill utes. to allow for the advertisement of such before us would do, will make our The Chair recognizes the gentleman equipment to police departments. It is antiterrorism foreign policy worse, not from Florida [Mr. MCCOLLUM]. a very small change but one which better. GENERAL LEAVE could have a very big impact for police Mr. Speaker, we should do everything Mr. MCCOLLUM. Mr. Speaker, I ask departments around the country, and I in our power to end all forms of terror- unanimous consent that all Members urge the adoption of the bill. ism. We are right to lead international may have 5 legislative days to revise Mr. Speaker, I reserve the balance of efforts to isolate and punish terrorists. and extend their remarks on the bill my time. But imposing the automatic one-size- under consideration. Mr. DELAHUNT. Mr. Speaker, I yield fits-all response to terrorism contained The SPEAKER pro tempore. Is there myself such time as I may consume, in H.R. 748 will be ineffective and cost- objection to the request of the gen- and I will be very brief. ly. I urge my colleagues to defeat this tleman from Florida? I want to congratulate the gentleman bill. There was no objection. from Florida [Mr. MCCOLLUM] for intro- Mr. MCCOLLUM. Mr. Speaker, I have Mr. McCOLLUM. Mr. Speaker, I yield ducing this bill. It is straightforward, no further speakers. If the gentleman myself such time as I may consume. it is a sensible exception to that broad does not, I am prepared to yield back Mr. Speaker, H.R. 1840, the Law En- prohibition which he alluded to on the the balance of my time. forcement Technology Advertisement advertising of electronic surveillance Mr. DELAHUNT. No, I do not, Mr. Clarification Act, makes a small technology. As he indicated, current Speaker, and I want to thank the gen- change to section 2512 of title 18, Unit- law prohibits manufacturers from ad- tleman from Florida for his reassur- ed States Code. The section states that vertising such devices even to legiti- ances. any person who places in any news- mate law enforcement agencies. This Mr. Speaker, I yield back the balance paper, magazine, handbill, or other bill would simply allow such advertis- of my time. publication, any advertisement of any ing as long as the recipient of the ad- Mr. MCCOLLUM. Mr. Speaker, I yield electronic, mechanical, or other device vertising is duly authorized to use back the balance of my time. primarily useful for the purposes of these particular devices. The SPEAKER pro tempore (Mr. surreptitious interception shall be Mr. Speaker, I support the legisla- GOODLING). The question is on the mo- fined and imprisoned. Thus, current tion. tion offered by the gentleman from law rightfully prohibits the widespread Mr. Speaker, I yield back the balance Florida [Mr. MCCOLLUM] that the advertisement of electronic intercep- of my time. House suspend the rules and pass the tion devices. Mr. MCCOLLUM. Mr. Speaker, I yield bill, H.R. 748, as amended. Unfortunately, this blanket prohibi- back the balance of my time. The question was taken. tion against all advertisements in- The SPEAKER pro tempore. The cludes advertisements to legitimate Mr. MCCOLLUM. Mr. Speaker, on question is on the motion offered by that I demand the yeas and nays. law enforcement users. Police depart- the gentleman from Florida [Mr. The yeas and nays were ordered. ments may not receive mailings from MCCOLLUM] that the House suspend the The SPEAKER pro tempore. Pursu- companies which manufacture elec- rules and pass the bill, H.R. 1840. ant to clause 5 of rule I and the Chair’s tronic equipment informing them that The question was taken; and (two- prior announcement, further proceed- such equipment has been updated and thirds having voted in favor thereof) ings on this motion will be postponed. improved. the rules were suspended and the bill Advances in the technology of elec- was passed. f tronic devices are being made at a A motion to reconsider was laid on staggering pace. One example is body the table. LAW ENFORCEMENT TECHNOLOGY microphones which are used frequently f ADVERTISEMENT CLARIFICA- by undercover officers. These devices TION ACT OF 1997 have been miniaturized and disguised TELEMARKETING FRAUD Mr. MCCOLLUM. Mr. Speaker, I through technological advancements PREVENTION ACT OF 1997 move to suspend the rules and pass the and it is now almost impossible to tell Mr. MCCOLLUM. Mr. Speaker, I bill (H.R. 1840) to provide a law enforce- if an officer is wearing one. Techno- move to suspend the rules and pass the ment exception to the prohibition on logical improvements like these spe- bill (H.R. 1847) to improve the criminal the advertising of certain electronic cially in the area of undercover work law relating to fraud against consum- devices. can quite literally save police officers’ ers, as amended. The Clerk read as follows: lives. It is therefore essential that the The Clerk read as follows: July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4869 H.R. 1847 The SPEAKER pro tempore. Is there lent telemarketer, H.R. 1847 strikes Be it enacted by the Senate and House of Rep- objection to the request of the gen- back where it hurts, by requiring that resentatives of the United States of America in tleman from Florida? any defendant convicted of a tele- Congress assembled, There was no objection. marketing scam forfeit all property SECTION 1. SHORT TITLE. Mr. MCCOLLUM. Mr. Speaker, I yield used in the offense or any proceeds re- This Act may be cited as the ‘‘Telemarket- myself such time as I may consume. ceived as a result of the offense. ing Fraud Prevention Act of 1997’’. Mr. Speaker, in September 1996 the This bill also directs the U.S. Sen- SEC. 2. FORFEITURE OF FRAUD PROCEEDS. House of Representatives passed by a tencing Commission to amend the Section 982(a) of title 18, United States voice vote an identical version of H.R. guidelines to increase sentences for Code, is amended by adding at the end the 1847, the Telemarketing Fraud Preven- telemarketing fraud offenses defined in following: ‘‘(8) The Court, in sentencing a defendant tion Act. The Senate failed to act on section 2326 of title 18 of the United for an offense under section 2326, shall order that legislation before final adjourn- States Code. Furthermore, the bill in- that the defendant forfeit to the United ment, and the gentleman from Virginia cludes conspiracy language to allow States any real or personal property— [Mr. GOODLATTE], a dedicated member prosecutors to seek out and punish the ‘‘(A) used or intended to be used to commit of the Committee on the Judiciary, has organizers of these illegal activities. or to promote the commission of such of- picked up the flag and is now advanc- Again I thank my good friend from fense, if the court in its discretion so deter- ing this important issue. Virginia [Mr. GOODLATTE] for not al- mines, taking into consideration the nature, Mr. Speaker, the Subcommittee on lowing this issue to go unnoticed. I am scope, and proportionality of the use of the Crime, which I chair, held a hearing a going to yield to him in a moment but property in the offense; and I am going to first of all withhold the ‘‘(B) constituting, derived from, or trace- year ago on telemarketing fraud par- able to the gross proceeds that the defendant ticularly as it related to our Nation’s balance of my time and let my good obtained directly or indirectly as a result of elderly. The Federal Trade Commission friend from Massachusetts have some the offense.’’. estimates that telemarketing fraud time on this bill. SEC. 3. SENTENCING GUIDELINES CHANGES. costs consumers about $40 billion a Mr. Speaker, I reserve the balance of Pursuant to its authority under section year. It is a sad fact that crooked tele- my time. 994(p) of title 28, United States Code, the marketers prey especially on our sen- Mr. DELAHUNT. Mr. Speaker, I yield United States Sentencing Commission shall ior citizens. Telemarketing fraud is myself such time as I may consume. review and amend the sentencing guidelines devastating for older persons because Mr. Speaker, I am pleased to join to provide a sentencing enhancement for any they often lose their entire life savings. with the gentleman from Florida and offense listed in section 2326 of title 18, Unit- my friend, the gentleman from Vir- As the American Association of Re- ed States Code— ginia [Mr. GOODLATTE] in supporting tired Persons has noted, many of this (1) by at least 4 levels if the circumstances this measure which would increase pen- authorizing an additional term of imprison- Nation’s elderly are too trusting, they alties for telemarketing fraud, particu- ment under section 2326(1) are present; and are very much too trusting, and cannot larly when such fraudulent schemes (2) by at least 8 levels if the circumstances distinguish between a legitimate tele- victimize older Americans. While I or- authorizing an additional term of imprison- phone pitch and a fraudulent one. Un- dinarily feel that Congress should ment under section 2326(2) are present. fortunately, those who fall prey unin- allow the U.S. Sentencing Commission SEC. 4. INCREASED PUNISHMENT FOR USE OF tentionally aid the criminals because FOREIGN LOCATION TO EVADE to determine when sentences and what they are too humiliated to tell anyone PROSECUTION. sentences are appropriate, I am very of their drastic financial losses. Pursuant to its authority under section glad that the bill takes steps to address 994(p) of title 28, United States Code, the In the hands of a fraudulent telemar- what has become a serious and growing United States Sentencing Commission shall keter, a phone is a very dangerous problem. amend the sentencing guidelines to increase weapon. They will use every trick pos- the offense level for any fraud offense by at sible to get their victims to send b 1600 least 2 levels if the defendant conducted ac- money. Examples of such deceptions tivities to further the fraud from a foreign What family has not had the unpleas- country. include offering phony investment ant experience of sitting down to a schemes, claiming to work for chari- SEC. 5. SENTENCING COMMISSION DUTIES. quiet dinner at home, only to have the The Sentencing Commission shall ensure table organizations while promising telephone ring with some obnoxious that the sentences, guidelines, and policy grand trips and prizes. These telephone telemarketer on the other end? Only statements for offenders convicted of of- thieves are ruthless in their pursuit of this morning I received from a con- fenses described in sections 3 and 4 are ap- someone else’s hard-earned paycheck. stituent of mine on Martha’s Vineyard propriately severe and reasonably consistent The most heinous part of the tele- a letter who spoke of being plagued by with other relevant directives and with other marketing fraud crime, however, is the telemarketing. Every third call is guidelines. final step. After a crooked telemar- someone trying to sell something unso- SEC. 6. CLARIFICATION OF ENHANCEMENT OF keter has wrung every last dime pos- licited. PENALTIES. sible out of a victim, he then sells the Section 2327(a) of title 18, United States For most of us, this sort of occur- Code, is amended by striking ‘‘under this victim’s name to a so-called recovery rence is a recurring nuisance. We may chapter’’ and inserting ‘‘for which an en- room operation. The victim is con- not want to hear the sales pitch but we hanced penalty is provided under section 2326 tacted by a recovery room operator usually know when to hang up. Unfor- of this title’’. who pretends to be a private investiga- tunately, when the caller is a sophisti- SEC. 7. ADDITION OF CONSPIRACY OFFENSES TO tor or an attorney. The crook, cated scam artist, things are rarely so SECTION 2326 ENHANCEMENT. masquerading as a legitimate inves- clear. We have all heard from constitu- Section 2326 of title 18, United States Code, tigator, tells the victim that he can ents who were tricked into contribut- is amended by inserting ‘‘, or a conspiracy to help recover all the lost money, but ing to nonexisting charities, or conned commit such an offense,’’ after ‘‘or 1344’’. first the victim needs to mail in some into throwing away their hard-earned The SPEAKER pro tempore. Pursu- more money to cover the cost of the in- money on phony real estate schemes. ant to the rule, the gentleman from vestigation. The victim is so desperate The situation is especially serious for Florida [Mr. MCCOLLUM] and the gen- that anything seems reasonable, even a older Americans, who are the favorite tleman from Massachusetts [Mr. few hundred dollars to cover a private targets of these criminals. DELAHUNT] each will control 20 min- investigator’s fee. Of course once the Older people are especially vulner- utes. money is sent, the hopeful victim never able because many of them are lonely, The Chair recognizes the gentleman hears from the scammer again. The re- homebound, and infirm. For them, that from Florida [Mr. MCCOLLUM]. covery room operator is a true bully, unwanted telephone call can mean the GENERAL LEAVE kicking the victim when the victim is loss of everything they have managed Mr. MCCOLLUM. Mr. Speaker, I ask already down. to save over a lifetime. Predators who unanimous consent that all Members H.R. 1847 is designed to strengthen take advantage of other peoples’ weak- may have 5 legislative days to revise Federal law enforcement’s fight nesses should be held to account. and extend their remarks on the bill against telemarketing fraud. Since I urge support for H.R. 1847, and under consideration. money is all that matters to a fraudu- again extend my congratulations to H4870 CONGRESSIONAL RECORD — HOUSE July 8, 1997 the gentleman from Florida and the cent of all targeted telemarketing Mr. DELAHUNT. Mr. Speaker, I am gentleman from Virginia. fraud victims are elderly. pleased to yield such time as he may Mr. MCCOLLUM. Mr. Speaker, I yield Who are these people who victimize consume to the gentleman from Indi- such time as he may consume to the our Nation’s elderly? They are white- ana [Mr. HAMILTON], the distinguished gentleman from Virginia [Mr. collar thugs who contribute nothing to ranking member of the Committee on GOODLATTE], a member of the Commit- our society but grief. They choose to International Relations, who was un- tee on the Judiciary and the author of satisfy their greed by bilking others in- avoidably detained during consider- this bill. stead of doing an honest day’s work. ation of H.R. 748. Mr. GOODLATTE. I thank the gen- They strip victims not only of their Mr. HAMILTON. I thank the gen- tleman for yielding time to me, Mr. hard-earned money but also of their tleman for yielding time to me, Mr. Speaker, and I especially thank him as dignity. They are swindlers who con Speaker. chairman of the Subcommittee on our senior citizens out of their life sav- I rise in opposition to H.R. 748. I fully Crime for his leadership in helping to ings by playing on their trust, sym- understand that is not the bill that is move this important legislation for- pathy and, if that does not work, their being discussed at the moment, and I ward. fear. want to express my appreciation to the Mr. Speaker, I want to begin by read- These criminals have said that they gentleman from Florida [Mr. MCCOL- ing from an article in last week’s New do not fear prosecution because they LUM] and the gentleman from Massa- York Times dated June 29. The article count on their victims’ physical or chusetts [Mr. DELAHUNT] to permit me describes a recent investigation by mental infirmity or the embarrassment to speak for just a moment out of turn Federal prosecutors targeting fraudu- that victims feel from being scammed here, and perhaps even out of order. lent telemarketers based out of Chat- to prevent them from testifying at Mr. Speaker, I rise in opposition to tanooga, TN. trial. Even if they are brought to trial, H.R. 748. I do not have any doubt at all According to Federal officials, at they are currently not deterred from about the popularity of the bill. The in- least 100,000 people, most of them elder- engaging in telemarketing fraud be- tent of the authors is altogether ly, sent $35 million to fraudulent tele- cause the penalties are so weak. praiseworthy, as are their motives. I marketers based there from 1992 to My bill raises the risk for criminals think, however, the bill presents a 1995. According to the Times, and I by directing the U.S. Sentencing Com- number of unintended consequences, quote, mission to increase by four levels the unintended problems. These scams were connected loosely, if at sentencing guidelines for fraudulent I am aware of the fact that the au- all. They ranged from single operators to 30- telemarketers and by eight for those thors of the bill, the gentleman from person phone banks. Typically, the lonely who defraud those most vulnerable in Florida and the gentleman from New grandmothers and grandfathers were told our society, those over the age of 55. that they had won one of four prizes: a new York, have tried to meet some of the My bill also includes conspiracy lan- car, a Hawaiian vacation, $25,000 in cash, or objections that the administration has guage to help put a stop to the $100. put forward. I am also aware that the targeting of Virginia as a victim State. They were then asked to send a check, usu- administration was probably late into ally for hundreds or thousands of dollars, by Virginia is currently called a victim the game as this bill was moving along. overnight mail to cover taxes, postage, and State by telemarketing criminals be- I appreciate that they are trying to handling for the winnings. If the taxes were cause very few of them have set up deal with those problems by including this high, the telemarketer would say, their boiler room operations here. In- a number of exceptions in the bill. My ‘‘Then the prize must be wonderful.’’ Accord- stead, they set up their operations in ing to one 80-year-old woman from New York concern is that they cannot see every other States or even other countries, in who had fallen prey to the slick criminals, ‘‘I problem or circumstance, and I think particular Canada, to target Virginia’s have been a widow for 19 years. It is very what is really needed in this bill to citizens as part of their scams. The ad- lonely. They were nice on the phone. They make it okay is a waiver authority for became my friends.’’ dition of conspiracy language to the the President. Fortunately, Federal prosecutors list of enhanced penalties will enable succeeded in winning convictions of 50 prosecutors to seek out the master- Let me try to spell out very quickly people as a result of their investiga- minds behind these boiler rooms and some of the consequences that I see in tion. However, the average sentence in bring them to justice. the bill, and I know they are not in- those 50 cases was less than 3 years for Of the top 11 company locations in tended by the authors. I think the bill each person. Many of these people will 1996, four were Canadian provinces, would not help and could harm the be eligible for parole even sooner. The Quebec 3d, Ontario 8th, British Colum- peace process. All of us realize that legislation I am offering today will bia 9th, and Nova Scotia 11th. My bill process is at a very fragile state today, send a loud and clear message to fraud- will increase by two levels the penalty a very high priority for the United ulent telemarketers: the punishment for those who use international borders States, for the United States is trying for destroying the lives of our Nation’s to further their scams or evade pros- to get Israel and Syria to restart the most vulnerable citizens will fit the ecution. peace talks. crime, and it will be severe. Finally, my bill addresses the prob- The prohibition on financial trans- Telemarketing fraud has become a lem of victims who are unable to re- actions, for example, with Syria in this critical problem across the country, coup any of their losses after the crimi- bill will not make it any easier and but especially in my home State of Vir- nal is caught and convicted. It includes could make it a lot more difficult for ginia, where it has made victims of provisions requiring criminal asset for- the United States to act as a catalyst countless unsuspecting folks and their feiture, to ensure that the fruits of in the peace talks between Israel and families. crime will not be used to commit fur- Syria. I think it is quite possible that Who are these victims? They are ther crimes. the bill could hurt counterterrorism most often the elderly and disabled, The Telemarketing Fraud Prevention cooperation. those who have contributed so much to Act will serve as a vital tool in the The authors of the bill are exactly our society over the years. They are Federal arsenal of weapons available to correct when they say that Syria con- veterans of World War II and Korea, law enforcement officials in the fight tinues to provide safe haven and they are our retired schoolteachers, against telemarketing fraud. Since its logistical support to some of the they are our parents and grandparents. introduction it has attracted several groups engaged in terrorism. It is also Many of these victims, longtime resi- cosponsors from both parties, as well true, however, that Syria has been dents of southwestern and central Vir- as the enthusiastic support of various helpful to the United States on certain ginia, come from a time when one’s seniors’ groups, consumer protection terrorism cases. This bill would make word was his or her bond, and they are groups, and law enforcement officials. cooperation by Syria very difficult. often deceived by a con artist who will I thank my colleague for his assist- I think the bill’s exceptions are too say whatever it takes to separate vic- ance in advancing this important legis- narrow and could harm U.S. interests. tims from their money. It has been es- lation, and urge my colleagues to sup- For example, the emergency medical timated by the FBI that nearly 80 per- port its passage this afternoon. services exception does not include July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4871 nonemergency medical items like anti- As I stated before he got here, a num- b 1615 biotics and bandages. The humani- ber of the provisions in the bill, in my As my colleague from Florida has tarian assistance exception may not personal belief and that of my staff and mentioned, telemarketing fraud is esti- cover U.S. nationals working on hu- the experts we have had look at it, do mated to rob the United States con- manitarian programs. U.S. nationals cover and do address those areas of sumers of at least $40 billion annually. working for the United Nations or concern. Again, as I stated earlier, it This legislation would finally send a other international organizations may seems to me that for that particular clear signal to the con men who manip- not be covered. bill dealing with financial transactions ulate the public’s telephone systems to The exception for official U.S. Gov- with the named terrorist countries, commit fraud. Under current law, ernment transactions may not include Iran, Iraq, Sudan, North Korea, Libya, fraudulent telemarketers spend an av- repatriation of MIA remains from Syria, that it is very important that erage of only 1 year in jail. This bill di- North Korea, dismantlement of North we do send this message, that we are rects the United States Sentencing Korea’s and Iraq’s nuclear weapons not going to allow financial trans- Commission to increase prison sen- programs, and promotion of freer com- actions between United States citizens tences for those convicted of tele- munications with the Cuban popu- and those governments as long as they marketing fraud. The commission is di- lation. are on the terrorist list. rected to increase the recommended Finally, let me just say that the bill I will continue to work with the ad- penalties to a prison term of 21⁄2 years is another application of unilateral ministration and with the gentleman with longer sentences for those who de- sanctions by the United States. I cer- from Indiana as well as others to im- fraud the elderly, mentally disturbed, tainly understand the frustration of prove this bill as we go forward, but it disabled, and other vulnerable consum- Members and the desire to put unilat- does occur to me that at the present ers. eral sanctions into place. We often get moment there is no peace process with H.R. 1847 also requires a person con- very frustrated by the actions of for- regard to Syria. I wish there were. I victed of telemarketing fraud to forfeit eign governments. But unilateral sanc- hope there will be. all money made in executing the fraud tions have now become quite popular in I certainly would like to see this bill, and to forfeit any property used in con- this body. if anything, encourage that process. nection with the fraudulent acts as Too often I think we reach into the Syria certainly could do so by dropping well as forfeiting any investments or foreign policy toolbox and decide to those things which it is doing that puts property purchased with the profits of rely on unilateral sanctions to try to it on the terrorist list, albeit maybe the telemarketing fraud. So with all solve problems. But when we act uni- lesser than those things which some of that in mind, I urge all my colleagues laterally, U.S. business interests often the other countries on the list are to vote in support of this important suffer. Unilateral sanctions are not doing. piece of legislation. I congratulate the usually effective, and sometimes the Mr. Speaker, returning to the subject gentleman from Virginia [Mr. biggest impact of the sanctions are to at hand, the bill that is before us of the GOODLATTE] and my distinguished col- make more difficult our relations with gentleman from Virginia [Mr. league, the gentleman from Florida our European and Asian friends. We GOODLATTE], H.R. 1847, regarding tele- [Mr. MCCOLLUM]. can sometimes lose U.S. markets as marketing fraud, affects just about Mr. GALLEGLY. Mr. Speaker, I am pleased well. every person who owns a telephone. to be a strong supporter of H.R. 1847, the So I think the gentlemen who are Mr. Speaker, I yield 3 minutes to the Telemarketing Fraud Prevention Act. supporting this bill, the gentleman gentleman from Florida [Mr. STEARNS] The FBI estimates that telemarketing from Florida, the gentleman from New on H.R. 1847. scams, such as schemes involving bogus York, the gentleman from Massachu- (Mr. STEARNS asked and was given charities, fake gem stones and deceptive trav- setts, have the highest of motivations permission to revise and extend his re- el promotions cost consumers as much as $40 here. I believe that in moving the bill marks.) billion annually. Often these fraudulent forward, they are actually doing a good Mr. STEARNS. Mr. Speaker, I thank schemes target those who are least able to service, but I do believe the bill needs my distinguished colleague, the gen- defend themselves, including senior citizens, some significant changes. tleman from Florida, for yielding time many of whom live by themselves. The call- On the Senate side, as I understand to me. ers, through the use of deception, threats, or it, there was a Presidential waiver pro- Mr. Speaker, I also rise in support of outright lies, are able to convince many elderly vision put in the State Department au- this legislation sponsored by my good Americans to part with hundreds or thousands thorization bill, a comparable provi- friend, the gentleman from Virginia of dollars to companies who promise spec- sion to this bill. I would hope that the [Mr. GOODLATTE], and reported out of tacular profits or outstanding deals. authors of this bill might look at that the Subcommittee on Crime of the The Telemarketing Fraud Prevention Act pretty carefully. Committee on the Judiciary, chaired takes dead aim at those who prey on seniors For these reasons I will not be able by another good friend, the gentleman and other unsuspecting consumers. H.R. 1847 to vote for the bill, but I certainly un- from Orlando, FL, Mr. BILL MCCOLLUM. increases Federal criminal penalties for per- derstand why it is brought forward, and There is a quote by Sir Walter Scott sons convicted of committing fraud through I appreciate the popularity of the bill. that goes something like this: ‘‘Oh, the telephone. This legislation directs the U.S. Let me say again to the gentleman what a tangled web we weave when Sentencing Commission to increase the sen- from Massachusetts [Mr. DELAHUNT] first we practice to deceive.’’ I think tencing levels for all telemarketing fraud, with and the gentleman from Florida [Mr. that quote by Sir Walter Scott sort of the greatest increase in sentences for those MCCOLLUM] how much I appreciate sums up what we have here. It is per- who target those over 55 years of age. H.R. their magnanimous action here in let- haps a perfect description of the fraud 1847 also requires monetary restitution to vic- ting me speak out of turn. committed by the unscrupulous tele- tims through the use of proceeds from per- Mr. McCOLLUM. Mr. Speaker, I yield marketers who prey on the suscepti- sons or groups convicted under the statute. myself such time as I may consume. bility of our citizens. Particularly in Mr. Speaker, it is time that our Nation gets Mr. Speaker, I certainly respect the Florida we have senior citizens, elderly tough with criminals who use the telephone to gentleman who has spoken, the gen- people, and I think telemarketing steal from American consumers. And, it is time tleman from Indiana [Mr. HAMILTON]. would be something that people would we get tough against con artists who prey on He is a very strong voice in the con- use to prey on our citizens. vulnerable senior citizens. cerns of our Nation with respect to I was the original cosponsor of this Mr. DELAHUNT. Mr. Speaker, I yield international affairs and has been for legislation when it was first introduced back the balance of my time. many years. As he has indicated, a on January 21, 1997, when I believe the Mr. MCCOLLUM. Mr. Speaker, again number of us have worked diligently to bill back then was H.R. 474. Now it is I want to encourage support for this try to address the concerns that he ex- H.R. 1847. It has been strengthened, I bill, H.R. 1847, the Telemarketing pressed in his statements, and I know think, through the committee process, Fraud Act. I thank my good friend, the that we have not perhaps done so to his so I think the current version is even gentleman from Virginia [Mr. satisfaction. better. GOODLATTE] for bringing it forward. H4872 CONGRESSIONAL RECORD — HOUSE July 8, 1997

Telemarketing fraud is really one of Florida [Mr. MCCOLLUM] and the gen- How the States choose to protect our the most dastardly types of crimes in tleman from Massachusetts [Mr. children is, of course, another matter. this country. The bill will do a lot to DELAHUNT] each will control 20 min- This resolution does not actually re- enforce that law and to make much utes. quire the States to do anything. For tougher punishments. The Chair recognizes the gentleman that reason, it was reported favorably Mr. Speaker, I yield back the balance from Florida (Mr. MCCOLLUM). by our committee without dissent. But of my time. GENERAL LEAVE it does urge States to take various The SPEAKER pro tempore (Mr. Mr. MCCOLLUM. Mr. Speaker, I ask steps which the authors of the bill GOODLING). The question is on the mo- unanimous consent that all Members favor, including the adoption of laws tion offered by the gentleman from may have 5 legislative days in which to that require the registration of con- Florida [Mr. MCCOLLUM] that the revise and extend their remarks on the victed sex offenders, and severely pun- House suspend the rules and pass the legislation under consideration. ish those who commit offenses against bill, H.R. 1847, as amended. The SPEAKER pro tempore. Is there children. Most of the States already do The question was taken; and (two- objection to the request of the gen- those things. But again I recognize thirds having voted in favor thereof) tleman from Florida? that it is sometimes useful for the Con- There was no objection. the rules were suspended and the bill, gress to encourage the States to do Mr. MCCOLLUM. Mr. Speaker, I yield as amended, was passed. what they are already doing. A motion to reconsider was laid on myself such time as I may consume. the table. House Resolution 154, introduced by Given so much harmonious agree- f the gentleman from Georgia [Mr. COL- ment, it seems out of place to strike a LINS] expresses the sense of the House discordant note, but there is something EXPRESSING SENSE OF THE regarding the safety and protection of that does trouble me about this resolu- HOUSE THAT NATION’S CHIL- our Nation’s children. On May 25 we tion. What troubles me is the implicit DREN ARE ITS MOST VALUABLE observed National Missing Children’s assumption that the people responsible ASSET AND THEIR PROTECTION Day, a day established by President for local law enforcement have more to SHOULD BE HIGHEST PRIORITY Reagan in 1983 to raise public aware- learn from the Congress than we have Mr. MCCOLLUM. Mr. Speaker, I ness about the need for increased child to learn from them. I know from my move to suspend the rules and agree to protection. This resolution, prepared in own experience in law enforcement the resolution (H. Res. 154) expressing connection with National Missing Chil- that this is simply not the case. If com- the sense of the House that the Na- dren’s Day, is a declaration by this munities around the country choose to tion’s children are its most valuable Congress that child abduction is a very adopt these kinds of measures, it will assets and that their protection should serious matter and that we intend to not be because Congress thinks they be the Nation’s highest priority. work with State and local law enforce- should. It will be because they have de- The Clerk read as follows: ment to ensure that effective and ap- termined that these measures are the H. RES. 154 propriate measures are in place to pre- best way to protect their children for Whereas the Nation’s most valuable and vent crimes against children. whom they are responsible. If they do vulnerable asset is its children; Justice Department statistics indi- not do so, it will not be because they Whereas their protection should be one of cate that over 1 million children are re- care less about their children than we our highest priorities; ported missing each year. Over 100,000 do; it will be because they have chosen Whereas over 1,000,000 children are re- abductions of children are attempted other means which they think would be ported missing, and over 100,000 attempted by nonfamily members annually. This nonfamily abductions take place every year; more effective within their commu- Whereas over 750,000 children under the age resolution includes these and other sta- nities. of 18 disappear for some length of time every tistics in its findings, in addition to Finally, Mr. Speaker, once we have year; providing that States should have in affirmed our concern for the well-being Whereas law enforcement officials con- place laws which severely punish indi- stantly encounter crimes against children; of America’s children, I hope we will viduals convicted of offenses against remember the many other things that Whereas sex offenders are nine times more children. The resolution declares that threaten them. Things like malnutri- likely to repeat their crimes than any other law enforcement agencies should take class of criminal; tion, lack of education, inadequate steps necessary to safeguard children Whereas nearly two-thirds of State pris- health care. oners serving time for rape and sexual as- against the dangers of abduction and sault victimized children; and exploitation and should work in close Unlike local law enforcement, these Whereas while many missing children are cooperation with Federal law enforce- are things that we can do something returned to their homes, many others are ex- ment to ensure a rapid and efficient re- about. posed to danger and exploitation: Now, sponse to reports of child abductions, Mr. Speaker, I have no further re- therefore, be it quests for time, and I yield back the Resolved, That— especially in cases where a life may be (1) all Members of Congress should take ap- in danger. Losing a child is a night- balance of my time. propriate action to ensure the safety and mare which becomes a reality for too Mr. MCCOLLUM. Mr. Speaker, I yield protection of children in their jurisdictions; many Americans. I would like to com- such time as he may consume to the (2) State governments should have in effect mend the gentleman from Georgia [Mr. author of this bill, the gentleman from laws which register offenders convicted of COLLINS] for his efforts and I urge my Georgia [Mr. COLLINS]. sexual crimes against children and laws colleagues to supported this resolution. which require law enforcement to notify Mr. COLLINS. Mr. Speaker, I thank Mr. Speaker, I reserve the balance of the gentleman for yielding me the communities of the presence of these offend- my time. ers; time. (3) States should have in effect laws which Mr. DELAHUNT. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want to thank the severely punish individuals convicted of of- gentleman from Massachusetts and the fenses against children, especially crimes in- Mr. Speaker, this resolution declares volving abduction, sexual assault, exploi- that protection of children should be gentleman from Florida for both their tation, and stalking; our highest national priority. I cer- recognition of how important it is at (4) law enforcement agencies should take tainly do not intend to take issue with times for us to remind ourselves and to the necessary steps to safeguard children that sentiment as the father of two remind our State and local officials against the dangers of abduction and exploi- wonderful daughters. I frankly cannot and also our law enforcement officials tation; and imagine any Member of this House tak- of the importance of our children and (5) State and local law enforcement agen- to remind them, too, that we are all cies should work in close cooperation with ing issue with it. Federal law enforcement to ensure a rapid However, I do recognize that it is im- concerned and very interested in their and efficient response to reports of child ab- portant from time to time for the Con- protection. ductions, especially in cases where a child’s gress to reaffirm even such self-evident As the father of four and the grand- life may be in danger. truths. I commend the author of the father of six and, by the way, Mr. The SPEAKER pro tempore. Pursu- bill, the gentleman from Georgia [Mr. Speaker, I put my request in to my ant to the rule, the gentleman from COLLINS] for doing so. four children hopefully to get a baker’s July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4873 dozen of those grandchildren, I recog- The SPEAKER pro tempore. The Better Health Plan were hoping the nize the importance of love and pro- question is on the motion offered by State’s 1115 Medicaid waiver would be tecting our children, our most valuable the gentleman from Florida [Mr. approved by this time. Approval of the asset. MCCOLLUM] that the House suspend the 1115 waiver would have provided relief Therefore, I rise today to offer a reso- rules and agree to the resolution, without the need for congressional ac- lution referencing the importance of House Resolution 154. tion. Unfortunately, we were told by our Nation’s children. Amidst all the The question was taken; and (two- HCFA that a decision on the 1115 rule talk of balanced budgets, taxes and en- thirds having voted in favor thereof) waiver would not come before June 30, titlements and their importance, too, the rules were suspended and the reso- 1997. to our children, we often overlook the lution was agreed to. It is because of this that I offer H.R. need to protect what truly is the most A motion to reconsider was laid on 2018 today and ask that my colleagues priceless resource in this country, and the table. quickly approve this legislation so that that is our children. But like any other f Better Health Plan may continue to valuable, our children’s safety is often provide quality health care to Medicaid WAIVING MEDICAID ENROLLMENT threatened. Losing a child is a night- beneficiaries, as they have since 1994. RULE FOR BETTER HEALTH mare which has become a reality for Better Health Plan is a Medicaid pre- PLAN OF AMHERST, NY far too many Americans. In fact, a re- paid health services plan approved by cent study conducted by the Princeton Mr. PAXON. Mr. Speaker, I move to the New York State Department of Survey Research Associates indicated suspend the rules and pass the bill Health. At present, Better Health Plan that the number one fear of 54 percent (H.R. 2018) to waive temporarily the operates in New York City and 11 coun- of the parents who responded is that Medicaid enrollment composition rule ties across the State of New York. Bet- their child might be kidnapped. And for the Better Health Plan of Amherst, ter Health serves over 41,500 individ- while most missing children are re- NY, as amended. uals of which 36,700 are Medicaid recipi- turned to their homes safely, many are The Clerk read as follows: ents. exposed to the evils of exploitation. H.R. 2018 I received a letter from the New York The gentleman from Florida [Mr. Be it enacted by the Senate and House of Rep- State Department of Health verifying MCCollum] referred to several statis- resentatives of the United States of America in that mandated surveys have been con- tics released recently by the Justice Congress assembled, ducted by the State and there have Department. A couple of those statis- SECTION 1. WAIVER OF 75/25 MEDICAID ENROLL- been no quality-of-care deficiencies MENT RULE FOR BETTER HEALTH tics are that more than 300,000 children PLAN, INC. with Better Health Plan. are abducted by family members each Effective July 1, 1997, the requirement of Therefore, before I close, I would like year and that nearly two-thirds of our section 1903(m)(2)(A)(ii) of the Social Secu- to thank my colleagues, the gentlemen State prisoners serving time for rape rity Act (42 U.S.C. 1396b(m)(2)(A)(ii)) is from New York, particularly Mr. and sexual assault victimized children waived, for contract periods through Decem- ENGEL, Mr. TOWNS, Mr. MANTON, and and that sex offenders are nine times ber 31, 1998, with respect to the Better Health Mr. LAZIO who have all been helpful in more likely to repeat their crimes than Plan, Inc. operating in New York. bringing this legislation to the floor. I any other criminal. The SPEAKER pro tempore. Pursu- would also like to thank the gentleman Mr. Speaker, our law enforcement ant to the rule, the gentleman from from Virginia [Mr. BLILEY] and his agencies are constantly faced with the New York [Mr. PAXON] and the gen- staff for their prompt attention to this difficult task of stopping crimes tleman from New York [Mr. ENGEL] situation. It is because of this biparti- against children, and Congress has each will control 20 minutes. san effort that we will ensure that done a commendable job in recent The Chair recognizes the gentleman Medicaid patients in New York City/ months with the passage of two acts, from New York [Mr. PAXON]. State will continue to receive quality one the Megan’s law which gives citi- Mr. PAXON. Mr. Speaker, I yield my- health care. zens the power to educate themselves self such time as I may consume. Mr. Speaker, I reserve the balance of with sex offender registration informa- (Mr. PAXON asked and was given my time. tion and, two, the Sexual Offender permission to revise and extend his re- b 1630 Tracking Identification Act, which aids marks.) law enforcement officials in tracking Mr. PAXON. Mr. Speaker, I rise Mr. ENGEL. Mr. Speaker, I yield my- down threats to our children. today in support of H.R. 2018, legisla- self such time as I may consume. Both these measures are a good start tion I offered along with my colleagues Mr. Speaker, I join with my friend but there is much work to be done yet. from New York on the Committee on and colleague, the gentleman from New Therefore, Mr. Speaker, I am pleased to Commerce. Our legislation is but a York [Mr. PAXON], in strong support of offer House Resolution 154, which ex- small piece of legislation but it is abso- H.R. 2108. presses the sense of Congress that the lutely vital to many Medicaid recipi- Let me say, as he has said, the five Nation’s children are its most valuable ents in the State of New York. members of the Committee on Com- resource and that their protection Better Health Plan, based in my dis- merce from New York all strongly sup- should be our Nation’s highest priority. trict in Amherst, New York, needs an port the bill. Indeed, the Committee on House Resolution 154, as reported extension of their 75/25 waiver which Commerce passed the bill unanimously earlier, also urges local and State gov- expired on June 30, 1997. The 75/25 rule by voice vote. This, as the gentleman ernments to take appropriate action to requires that any Medicaid managed from New York said, would grant a ensure the safety and protection of care plan enroll at least 25 percent of waiver for the Better Health Plan from children within their jurisdictions and their patients from the private sector. the 75–25 rule. to severely punish offenders of such Without this legislation, Better Health The Better Health Plan covers people crimes. I would like to recognize the Plan would be forced to disenroll thou- throughout New York State, mostly diligent efforts of the National Center sands of Medicaid recipients. These re- northern New York, but also in the for Missing and Exploited Children, the cipients would face a disruption of city of New York as well, and the 75–25 subcommittee chairman, the gen- their health care, and Mr. Speaker, we rule states that any Medicaid HMO tleman from Florida [Mr. MCCOLLUM], cannot allow this to happen. The 75/25 plan must have a minimum of 25 per- the ranking member, the gentleman rule would be eliminated under the cent participation from non-Medicaid from Massachusetts [Mr. HYDE] and the President’s proposed budget as well as enrollees. This rule has been elimi- other members in the leader’s office for the congressional budget plan. Unfor- nated in the Medicaid portion of the their help with this measure. I urge my tunately the budget bill was not signed budget reconciliation measure. colleagues to join me in passage of this into law by June 30 of this year. There- However, as was pointed out, the resolution. fore, we need to take quick and deci- budget plan has yet to be enacted and, Mr. MCCOLLUM. Mr. Speaker, I have sive action on H.R. 2018. because of that, Better Health must no further requests for time, and I I must also point out that the New now begin disenrolling patients unless yield back the balance of my time. York State Department of Health and the bill before us is enacted. Better H4874 CONGRESSIONAL RECORD — HOUSE July 8, 1997 Health Plan is a Medicaid prepaid Health Plan offers many innovative This bill will grant the Better Health Plan an health services plan approved by the health care programs for its Medicaid extended waiver of the 75/25 provision until New York State Department of Health members and helps them become better December 31, 1998, thereby aiding low in- to operate in the State since March 30, consumers of health care, which is come New York residents. I remain committed 1994. At present, as I mentioned, the very, very important. to ensuring quality care for New York Medic- plan operates in the five boroughs of The plan also offers a wide variety of aid patients, which can be done by other New York City, as well as Westchester preventive services, including vision, means than a 75/25 provision. However, we County, which I also represent, and in hearing, lead screening tests and also cannot and should not sit here and order 11 other counties, and serves over 41,000 provides counseling services for alcohol health care providers to close their doors on enrollees, including 37,000 Medicaid re- and tobacco and drug habits as well. more than 40,000 patients. Quick action is cipients. The legislation waives the Medicaid 75– needed to ensure that the quality care that Surveys conducted by the State of 25 rule and will continue to make this Medicaid patients are now receiving from New York have not reported any qual- plan available to New York residents. health plans will continue. The future of Medic- ity of care deficiencies with Better My colleague mentioned earlier that aid recipients hangs in the balance at this time Health. For the last 3 years, Better there were some other New York plans while the very real threat of termination of care Health has operated under an exemp- that were also concerned about the fact and services to these lower income residents tion to the 75–25 rule that was granted that they were not included in this leg- is dependent upon this vote. Please don't let by HCFA in June 1994. The waiver pe- islation. It is my hope that the waiver these people down, support H.R. 2018. riod ended last week on June 30 and will come about and that we will not Mr. ENGEL. Mr. Speaker, I have no Better Health will be required to send have to do that, but in the event it further requests for time, and I yield out notices of disenrollment to its en- does not occur, I would like to assure back the balance of my time. rollees unless this legislation is en- him that I will join him in doing every- The SPEAKER pro tempore (Mr. acted. That is why it is so important thing that I can to make certain that GOODLING). The question is on the mo- we enact this legislation today. We they are included because we need to tion offered by the gentleman from must pass the measure before us today make certain that people do not need New York [Mr. PAXON] that the House in order to ensure that the patients to have frustration and tension because suspend the rules and pass the bill, continue to receive the care they need. of the fact the 75–25 rule is in effect. H.R. 2018, as amended. I also want to mention, Mr. Speaker, Again, Mr. Speaker, I want to thank The question was taken; and (two- that in addition, there are two other my colleagues, the gentlemen from thirds having voted in favor thereof) plans in New York that are also re- New York, Messrs. PAXON, ENGEL, MAN- the rules were suspended and the bill, questing waivers and find themselves TON and LAZIO, and also thank my staff as amended, was passed. in the same predicament that Better person, Brenda Pillors, who worked A motion to reconsider was laid on Health has found itself, and these two very hard on this. the table. other plans are Health First and Gen- Mr. MANTON. Mr. Speaker, as an original f esis, the latter of which is in my dis- cosponsor of this legislation, I rise in strong trict to a very large degree. support of H.R. 2018, a bill to extend the 75± GENERAL LEAVE While both plans will not have to 25 Medicaid waiver for Better Health Plan of Mr. PAXON. Mr. Speaker, I ask disenroll patients until later this year, Amherst. I want to thank my colleagues on the unanimous consent that all Members because their waiver lasts a little Commerce Committee, particularly Represent- may have 5 legislative days within longer, I would have preferred to see atives PAXON, TOWNS, ENGEL, and LAZIO for which to revise and extend their re- waivers granted for these plans also. I their efforts in bringing this legislation to the marks on H.R. 2018 and to insert extra- would have preferred to have seen it all floor in such a swift manner. neous material. Better Health Plan of Amherst provides es- in one bill. But should there be delays The SPEAKER pro tempore. Is there sential services to its beneficiaries in the five or problems arising in the future on objection to the request of the gen- Boroughs of New York City and eleven coun- the budget plan, I plan to work with tleman from New York? ties throughout New York State. Of the 40,000 my friend from New York, Mr. PAXON, There was no objection. and the Committee on Commerce individuals Better Health Plan serves, 36,700 should we need to address the situation are Medicaid recipients. H.R. 2018 would en- f later on in the year with regard to the sure uninterrupted delivery of quality health PROVIDING FOR CONSIDERATION other plans that I mentioned. So, Mr. care for those who rely on the services pro- OF H.R. 2016, MILITARY CON- Speaker, I strongly urge my colleagues vided by Better Health Plan. The quality serv- STRUCTION APPROPRIATIONS to support this bill. ices provided by Better Health Plan range ACT, 1998 Mr. Speaker, I reserve the balance of from increased access to health care to inten- my time. sive health education for its members. Mrs. MYRICK. Mr. Speaker, by direc- Mr. PAXON. Mr. Speaker, I have no Mr. Speaker, I urge my colleagues to sup- tion of the Committee on Rules, I call further requests for time, and I yield port this legislation which would guarantee up House Resolution 178 and ask for its back the balance of my time. that Better Health Plan of Amherst can con- immediate consideration. Mr. ENGEL. Mr. Speaker, I yield tinue to provide quality, low-cost health care to The Clerk read the resolution, as fol- such time as he may consume to the its numerous beneficiaries. lows: gentleman from New York [Mr. Mr. QUINN. Mr. Speaker, I rise today in H. RES. 178 TOWNS]. support of H.R. 2018, a bill that provides a Resolved, That at any time after the adop- Mr. TOWNS. Mr. Speaker, I thank temporary Medicaid waiver for the Better tion of this resolution the Speaker may, pur- my colleague for yielding me this time, Health Plan in New York. This is a bill that I suant to clause 1(b) of rule XXIII, declare the and I want to begin by saying that I strongly support, Mr. Speaker, and I urge all of House resolved into the Committee of the want to thank Members on both sides my colleagues to do the same. Whole House on the state of the Union for consideration of the bill (H.R. 2016) making of the aisle and the leadership for mov- Thousands of Medicaid patients in New appropriations for military construction, ing this bill very quickly. Also I want York are anxiously waiting to see if the doors family housing, and base realignment and to thank the staff on both sides of the to their health care office will remain open to- closure for the Department of Defense for aisle who have done a superb job. I morrow morning, due to the 75/25 Medicaid the fiscal year ending September 30, 1998, and could call the names, but I will not get enrollment provision. According to this provi- for other purposes. The first reading of the into that because I might just leave a sion, 25 percent of a health plan's patients bill shall be dispensed with. General debate name out. must be enrolled from the private sector. If a shall be confined to the bill and shall not ex- The Better Health Plan serves over health plan cannot meet this goal, they must ceed one hour equally divided and controlled 40,000 Medicaid recipients in the New by the chairman and ranking minority mem- start disenrolling patients. The Better Health ber of the Committee on Appropriations. York area. This plan provides services Plan, in Amherst, NY is in danger of having to After general debate the bill shall be consid- all over the five boroughs of New York disenroll more than 36,000 Medicaid recipi- ered for amendment under the five-minute City, including my district, which has ents, since their 75/25 waiver expired on June rule. Points of order against provisions in close to 2,000 beneficiaries. Better 30 of this year. the bill for failure to comply with clause 2 or July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4875 6 of rule XXI are waived. During consider- All projects included in H.R. 2016 are ment and closure program. The funds ation of the bill for amendment, the Chair- approved subject to authorization. are necessary so that the base closure man of the Committee of the Whole may ac- This is a product of a bipartisan ef- schedules can be met and the savings cord priority in recognition on the basis of fort to ensure that the needs of our realized. The bill gives the Department whether the Member offering an amendment has caused it to be printed in the portion of service men and women are effectively of Defense the flexibility to carry out the Congressional Record designated for that addressed. The committee chairman this complex task in the most efficient purpose in clause 6 of rule XXIII. Amend- and ranking member of the Sub- manner possible. ments so printed shall be considered as read. committee on Military Construction This is a good bill that honors the The Chairman of the Committee of the both testified that debate on the meas- commitment we have to our Armed Whole may: (1) postpone until a time during ure was very short in both the sub- Forces. It helps ensure that the hous- further consideration in the Committee of committee and full Committee on Ap- ing and infrastructure needs of the the Whole a request for a recorded vote on propriations where it passed with a military are given proper recognition any amendment; and (2) reduce to five min- utes the minimum time for electronic voting voice vote. so that our Armed Forces can continue on any postponed question that follows an- The living conditions of our Nation’s to defend the freedoms we all cherish. other electronic vote without intervening fighting men and women have been the Mr. Speaker, I urge my colleagues to business, provided that the minimum time focus of much attention and grave con- support the open rule on this impor- for electronic voting on the first in any se- cern. Currently, 62 percent of troop tant bill. ries of questions shall be fifteen minutes. At housing spaces and 64 percent of hous- Mr. Speaker, I reserve the balance of the conclusion of consideration of the bill for ing family units are unsuitable. It is my time. amendment the Committee shall rise and re- imperative we work to improve their Mr. HALL of Ohio. Mr. Speaker, I port the bill to the House with such amend- living conditions, which are directly ments as may have been adopted. The pre- yield myself such time as I may vious question shall be considered as ordered linked to readiness, morale, and reten- consume, and thank my colleague from on the bill and amendments thereto to final tion. North Carolina, Mrs. MYRICK, for yield- passage without intervening motion except I am proud of our continued efforts ing me this time. one motion to recommit with or without in- to improve the housing for the Armed This resolution is an open rule. It structions. Forces, those brave Americans that will allow for full and fair debate on The SPEAKER pro tempore. The gen- protect our freedoms. In particular, the H.R. 2016, which is the military con- tlewoman from North Carolina [Mrs. need for improved family housing has struction appropriation bill for fiscal MYRICK] is recognized for 1 hour. increased dramatically. Since the 1950’s year 1998. Mrs. MYRICK. Mr. Speaker, for the the all-volunteer structure of the Under this rule, germane amend- purposes of debate only, I yield the cus- Armed Forces has resulted in the ments will be allowed under the 5- tomary 30 minutes to the gentleman steady rise of married service mem- minute rule, which is the normal from Ohio [Mr. HALL] pending which I bers. More than 60 percent of those amending process in the House. All yield myself such time as I may serving today are married. It is impor- Members on both sides of the aisle will consume. During consideration of this tant that we have a sustained, flexible have the opportunity to offer amend- resolution, all time yielded is for the approach to meet their needs. ments. The Committee on Rules re- purpose of debate only. H.R. 2016 addresses the severe back- ported this rule without opposition in a Mr. Speaker, on Thursday, June 26, log in readiness, revitalization and voice vote and I certainly plan to sup- the Committee on Rules granted, by quality of life projects. To address this port it. voice vote, an open rule providing 1 problem, the committee included fund- This bill appropriates $9.2 billion for hour of general debate equally divided ing above the administration’s request military construction, family housing between the chairman and ranking mi- to fund the planning and construction and base closure construction projects. nority member of the Committee on of several barracks, family housing and And though the bill provides $800 mil- Appropriations for the consideration of operational facilities. Included in the lion more than the administration’s re- H.R. 2016, the military construction ap- additional funding is: quest, the funding level still represents propriations bill for fiscal year 1998. Ten additional unaccompanied hous- a reduction of $610 million, or 6 percent The rule waives points of order against ing projects; new construction and im- below last year’s appropriation. provisions in the bill which do not provements to family housing units, The bill funds necessary capital im- comply with clause 2 of rule XXI pro- benefiting approximately 2,438 military provements to our Nation’s military hibiting unauthorized appropriations families; four child development cen- facilities. And continuing the trend of and legislation on general appropria- ters; operational and training facilities recent years, the Committee on Appro- tions bills, and clause 6 of rule XXI for the active service; and operational, priations paid special attention to fa- prohibiting transfers of unobligated training, environmental compliance cilities that improved the quality of funds. and safety related activities for the Re- life for our service men and women. The rule provides for priority rec- serves. This includes an emphasis on family ognition to those amendments that are Good infrastructure is key to mili- housing, barracks, and child develop- preprinted in the CONGRESSIONAL tary installations operating effectively ment centers. RECORD. The rule also provides that the and achieving their mission. They need The bill contains funding for four Chairman of the Committee of the good transportation networks, rail projects at Wright-Patterson Air Force Whole may postpone recorded votes on lines, roads, airports and seaport facili- Base, which is partially located in my any amendment and that the Chairman ties, communication systems, tele- district. may reduce voting time on postponed phone lines and satellite uplinks and One of the four is a new building to questions to 5 minutes, provided that downlinks, and mundane but vital sup- consolidate the Aeronautical Systems the votes take place immediately fol- port like water and sewer systems, and Center’s acquisition support functions, lowing another recorded vote and that electrical generation and distribution and this will result in cost reductions the voting time on the first series of systems. and improved efficiency. The new questions is not less than 15 minutes. There have been reports that aging building will help enhance current Finally, the rule provides for one mo- installations are suffering from crum- weapon systems as well as developing tion to recommit with or without in- bling infrastructure and support facili- new ones, such as the Joint Strike structions. ties. It is crucial we give the revitaliza- Fighter. Today we will consider the first bill tion of these facilities sufficient prior- Another project is a child develop- in the annual appropriations process. ity so that they are able to meet their ment center, which will assist Air Because the other body and conference mission requirements. This bill dedi- Force parents stationed at Wright-Pat- action on the National Defense Author- cates funding to continue to address terson. ization Act has not been completed, these problems. b the Committee on Appropriations con- Other commitments addressed in the 1645 sidered only projects recommended for bill include funding for the continued Mr. Speaker, passage of this bill is authorization when crafting H.R. 2016. implementation for the base realign- important to our national defense and H4876 CONGRESSIONAL RECORD — HOUSE July 8, 1997 to the welfare of our fighting men and ANNOUNCEMENT BY THE SPEAKER Hamilton McGovern Sabo Hansen McHale Salmon women; and I certainly would urge the PRO TEMPORE Harman McHugh Sanchez adoption of this open rule and the bill. The SPEAKER pro tempore. Pursu- Hastert McInnis Sanders Mr. HALL of Ohio. Mr. Speaker, I ant to the provisions of clause 5 of rule Hastings (FL) McIntosh Sandlin Hastings (WA) McIntyre Sawyer have no requests for time, and I yield I, the Chair will now put the question back the balance of my time. Hefley McKeon Saxton on the bill called from the Corrections Hefner McKinney Schaefer, Dan Mrs. MYRICK. Mr. Speaker, I yield Calendar and each motion to suspend Herger McNulty Schaffer, Bob Schumer back the balance of my time, and I the rules on which further proceedings Hill Meehan move the previous question on the res- Hilliard Meek Scott were postponed earlier today in the Sensenbrenner olution. Hinchey Menendez order in which each question arose. Hinojosa Metcalf Serrano The previous question was ordered. Votes will be taken in the following Hobson Millender- Sessions The resolution was agreed to. Hoekstra McDonald Shaw order: H.R. 849 by the yeas and nays, A motion to reconsider was laid upon Holden Miller (CA) Shays Senate Joint Resolution 29 by the yeas Shimkus the table. Hooley Miller (FL) and nays, H.R. 1658 by the yeas and Horn Minge Shuster Skaggs f nays, and H.R. 748 by the yeas and Houghton Mink Hoyer Moakley Skeen REPORT ON RESOLUTION PROVID- nays. Hulshof Molinari Skelton ING FOR CONSIDERATION OF The Chair will reduce to 5 minutes Hutchinson Mollohan Slaughter Hyde Moran (KS) Smith (MI) H.R. 1775, INTELLIGENCE AU- the time for any electronic vote after Smith (OR) the first such vote in this series. Istook Moran (VA) THORIZATION ACT FOR FISCAL Jackson (IL) Morella Smith (TX) YEAR 1998 Jackson-Lee Murtha Smith, Adam f Smith, Linda Mrs. MYRICK, from the Committee (TX) Myrick Jefferson Nadler Snowbarger on Rules, submitted a privileged report PROHIBITING ILLEGAL ALIENS Jenkins Neal Snyder (Rept. No. 105–172) on the resolution (H. FROM RECEIVING RELOCATION John Nethercutt Souder Johnson (CT) Neumann Spence Res. 179) providing for consideration of ASSISTANCE Spratt Johnson (WI) Ney Stabenow the bill (H.R. 1775) to authorize appro- Johnson, E. B. Northup The SPEAKER pro tempore. The Stark priations for fiscal year 1998 for intel- Johnson, Sam Norwood pending business is the question of pas- Stearns Jones Nussle ligence and intelligence-related activi- Stenholm sage of the bill, H.R. 849, on which fur- Kanjorski Oberstar ties of the U.S. Government, the Com- Stokes ther proceedings were postponed. Kaptur Obey Strickland munity Management Account, and the Kasich Olver The Clerk read the title of the bill. Stump Central Intelligence Agency Retire- Kelly Ortiz The SPEAKER pro tempore. The Stupak Kennedy (MA) Oxley ment and Disability System, and for Sununu question is on the passage of the bill on Kennelly Packard other purposes, which was referred to Talent which the yeas and nays are ordered. Kildee Pallone the House Calendar and ordered to be Tanner The vote was taken by electronic de- Kilpatrick Pappas Tauscher printed. Kim Parker vice, and there were—yeas 399, nays 0, Tauzin Kind (WI) Pascrell f not voting 35, as follows: Taylor (MS) King (NY) Paul Thomas REPORT ON RESOLUTION PROVID- [Roll No. 246] Kingston Paxon Thompson ING FOR CONSIDERATION OF Kleczka Payne Thornberry YEAS—399 Klink Pease H.R. 858, QUINCY LIBRARY GROUP Thune Abercrombie Canady Dreier Klug Pelosi Thurman FOREST RECOVERY AND ECO- Ackerman Cannon Duncan Knollenberg Peterson (MN) Tiahrt NOMIC STABILITY ACT OF 1997 Aderholt Capps Dunn Kolbe Peterson (PA) Tierney Allen Cardin Ehlers Kucinich Petri Torres Mrs. MYRICK, from the Committee Andrews Carson Ehrlich LaFalce Pickering Towns on Rules, submitted a privileged report Archer Castle Emerson LaHood Pickett Traficant (Rept. No. 105–173) on the resolution (H. Armey Chabot Engel Lampson Pitts Turner Bachus Chambliss English Latham Pombo Res. 180) providing for consideration of Upton Baesler Chenoweth Ensign Lazio Pomeroy Velazquez the bill (H.R. 858) to direct the Sec- Baker Christensen Eshoo Leach Porter Vento retary of Agriculture to conduct a pilot Baldacci Clay Etheridge Levin Portman Visclosky project on designated lands within Ballenger Clayton Evans Lewis (CA) Poshard Walsh Barcia Clement Everett Lewis (GA) Price (NC) Wamp Plumas, Lassen, and Tahoe National Barr Clyburn Ewing Lewis (KY) Pryce (OH) Waters Forests in the State of California to Barrett (NE) Coble Farr Linder Quinn Watkins demonstrate the effectiveness of the Barrett (WI) Coburn Fawell Lipinski Radanovich Watt (NC) Bartlett Collins Fazio resource management activities pro- Livingston Rahall Watts (OK) Barton Combest Filner LoBiondo Ramstad Waxman posed by the Quincy Library Group and Bass Condit Flake Lofgren Rangel Weldon (FL) to amend current land and resource Bateman Conyers Foglietta Lucas Redmond Weldon (PA) management plans for these national Bentsen Cook Foley Luther Regula Weller Bereuter Cooksey Forbes Maloney (CT) Reyes Wexler forests to consider the incorporation of Berman Costello Ford Maloney (NY) Riley Weygand these resource management activities, Berry Coyne Fowler Manton Rivers White which was referred to the House Cal- Bilirakis Cramer Fox Manzullo Rodriguez Whitfield Bishop Crane Frank (MA) endar and ordered to be printed. Markey Roemer Wicker Blagojevich Crapo Franks (NJ) Martinez Rogan Wise f Bliley Cubin Frelinghuysen Mascara Rogers Wolf Blumenauer Cummings Furse Matsui Rohrabacher Woolsey RECESS Blunt Cunningham Gallegly McCarthy (MO) Ros-Lehtinen Wynn Boehlert Danner Ganske The SPEAKER pro tempore. Pursu- McCarthy (NY) Rothman Yates Boehner Davis (FL) Gekas McCollum Roukema Young (AK) ant to clause 12 of rule I, the Chair de- Bonilla Davis (IL) Gephardt McCrery Roybal-Allard Young (FL) clares the House in recess until ap- Bonior Davis (VA) Gibbons McDade Royce Bono Deal Gilchrest McDermott Ryun proximately 5:15 p.m. today. Borski DeFazio Gillmor Accordingly (at 4 o’clock and 48 min- Boswell DeGette Gonzalez NOT VOTING—35 utes p.m.), the House stood in recess Boucher Delahunt Goode until approximately 5:15 p.m. Boyd DeLauro Goodlatte Becerra Hilleary Riggs Brady DeLay Goodling Bilbray Hostettler Rush f Brown (CA) Deutsch Gordon Brown (OH) Hunter Sanford Brown (FL) Diaz-Balart Goss Bryant Inglis b 1715 Scarborough Bunning Dickey Graham Cox Kennedy (RI) Schiff AFTER RECESS Burr Dicks Granger Dellums Lantos Shadegg Burton Dingell Green Edwards Largent Sherman The recess having expired, the House Buyer Dixon Greenwood Fattah LaTourette Sisisky Callahan Doggett Gutierrez Frost Lowey was called to order by the Speaker pro Smith (NJ) Calvert Dooley Gutknecht Gejdenson Mica Solomon tempore (Mr. GOODLING) at 5 o’clock Camp Doolittle Hall (OH) Gilman Owens Taylor (NC) and 15 minutes p.m. Campbell Doyle Hall (TX) Hayworth Pastor July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4877 b 1738 Doyle King (NY) Poshard Doolittle Obey Sessions Dreier Kingston Price (NC) Gallegly Paul Shuster Mr. GOODLATTE changed his vote Duncan Kleczka Pryce (OH) Hall (TX) Radanovich Skaggs from ‘‘nay’’ to ‘‘yea.’’ Dunn Klink Quinn Hefley Rohrabacher Skelton So (three-fifths having voted in favor Ehlers Klug Rahall Johnson, Sam Royce Smith (MI) Ehrlich Knollenberg Ramstad Lewis (CA) Salmon Stump thereof) the bill was passed. Emerson Kolbe Rangel Livingston Scarborough Taylor (MS) The result of the vote was announced Engel Kucinich Redmond McIntosh Schaffer, Bob Thornberry as above recorded. English LaFalce Regula Moran (VA) Sensenbrenner Tiahrt Ensign LaHood Reyes A motion to reconsider was laid on Eshoo Lampson Riley NOT VOTING—32 the table. Etheridge Latham Rivers Becerra Hilleary Riggs Evans Lazio Rodriguez f Bilbray Hostettler Rush Everett Leach Roemer Brown (OH) Hunter Sanford Ewing Levin Rogan Cox Inglis Schiff PERSONAL EXPLANATION Farr Lewis (GA) Rogers Dellums Lantos Shadegg Fawell Lewis (KY) Ros-Lehtinen Edwards Largent Sherman Mr. BRYANT. Mr. Speaker, on rollcall No. Fazio Linder Rothman Fattah LaTourette Sisisky 246, bad airline connections prevented me Filner Lipinski Roukema Frost Lowey Smith (NJ) from voting. Had I been present, I would have Flake LoBiondo Roybal-Allard Gejdenson Mica Solomon voted ``yes.'' Foglietta Lofgren Ryun Gilman Owens Taylor (NC) Foley Lucas Sabo Hayworth Pastor f Forbes Luther Sanchez Ford Maloney (CT) Sanders b 1750 ANNOUNCEMENT BY THE SPEAKER Fowler Maloney (NY) Sandlin Fox Manton Sawyer So (two-thirds having voted in favor PRO TEMPORE Frank (MA) Manzullo Saxton thereof) the rules were suspended and The SPEAKER pro tempore (Mr. Franks (NJ) Markey Schaefer, Dan the Senate joint resolution was passed. Frelinghuysen Martinez Schumer The result of the vote was announced GOODLING). Pursuant to the provisions Furse Mascara Scott of clause 5 of rule I, the Chair an- Ganske Matsui Serrano as above recorded. nounces that he will reduce to a mini- Gekas McCarthy (MO) Shaw A motion to reconsider was laid on mum of 5 minutes the period of time Gephardt McCarthy (NY) Shays the table. Gibbons McCollum Shimkus within which a vote by electronic de- Gilchrest McCrery Skeen f vice may be taken on each motion to Gillmor McDade Slaughter PERSONAL EXPLANATION suspend the rules on which the Chair Gonzalez McDermott Smith (OR) Goode McGovern Smith (TX) Mr. PASTOR. Mr. Speaker, on rollcall No. has postponed further proceedings. Smith, Adam Goodlatte McHale 246 and 247. I was delayed at O'Hare Airport f Goodling McHugh Smith, Linda Gordon McInnis Snowbarger due to weather and due to flight delay, had I Goss McIntyre Snyder been present, I would have voted ``yea.'' REGARDING THE FRANKLIN Souder Graham McKeon f DELANO ROOSEVELT MEMORIAL Granger McKinney Spence The SPEAKER pro tempore. The Green McNulty Spratt PERSONAL EXPLANATION Greenwood Meehan Stabenow pending business is the question of sus- Gutierrez Meek Stark Mr. HAYWORTH. Mr. Speaker, my pending the rules and passing the Sen- Gutknecht Menendez Stearns airplane was unavoidably detained be- ate joint resolution, Senate Joint Res- Hall (OH) Metcalf Stenholm Hamilton Millender- Stokes cause of avionics difficulties from Chi- olution 29. Hansen McDonald Strickland cago into Washington this afternoon. The Clerk read the title of the Senate Harman Miller (CA) Stupak Accordingly, Mr. Speaker, I missed two joint resolution. Hastert Miller (FL) Sununu votes held under suspensions. I want The SPEAKER pro tempore. The Hastings (FL) Minge Talent Hastings (WA) Mink Tanner the RECORD to reflect that had I been question is on the motion offered by Hefner Moakley Tauscher present, I would have voted ‘‘yes’’ on the gentleman from Utah [Mr. HANSEN] Herger Molinari Tauzin H.R. 849 and also ‘‘yes’’ on Senate Joint that the House suspend the rules and Hill Mollohan Thomas Hilliard Moran (KS) Thompson Resolution 29. pass the Senate joint resolution, Sen- Hinchey Morella Thune f ate Joint Resolution 29, on which the Hinojosa Murtha Thurman yeas and nays are ordered. Hobson Myrick Tierney PERSONAL EXPLANATION This is a 5-minute vote. Hoekstra Nadler Torres Holden Neal Towns Mr. HOSTETTLER. Mr. Speaker, due to offi- The vote was taken by electronic de- Hooley Nethercutt Traficant cial business in my district, I missed two votes vice, and there were—yeas 363, nays 39, Horn Neumann Turner today, July 8, 1997. Had I been present, I not voting 32, as follows: Houghton Ney Upton Hoyer Northup Velazquez would have voted as follows and request that [Roll No. 247] Hulshof Norwood Vento these appear at the appropriate place in the YEAS—363 Hutchinson Nussle Visclosky RECORD: Hyde Oberstar Walsh Abercrombie Bono Collins Istook Olver Wamp I would have voted ``yea'' on rollcall No. Ackerman Borski Condit Jackson (IL) Ortiz Waters 246, passage of H.R. 849, a bill to amend the Aderholt Boswell Conyers Jackson-Lee Oxley Watkins Relocation Assistance and Real Property Ac- Allen Boucher Cook (TX) Packard Watt (NC) quisition Policies Act of 1970 to prohibit the Andrews Boyd Cooksey Jefferson Pallone Watts (OK) Archer Brady Costello Jenkins Pappas Waxman payment of displacement compensation to ille- Armey Brown (CA) Coyne John Parker Weldon (FL) gal aliens. Bachus Brown (FL) Cramer Johnson (CT) Pascrell Weldon (PA) I would have voted ``nay'' on rollcall No. Baesler Bryant Crane Johnson (WI) Paxon Weller Baker Bunning Crapo Johnson, E. B. Payne Wexler 247, on passage of House Resolution 79, a Baldacci Burr Cubin Jones Pease Weygand resolution to direct the Interior Secretary to de- Ballenger Buyer Cummings Kanjorski Pelosi White sign and construct a permanent addition to the Barcia Callahan Cunningham Kaptur Peterson (MN) Whitfield FDR Memorial in Washington, DC. Barrett (NE) Calvert Danner Kasich Peterson (PA) Wicker Barrett (WI) Camp Davis (FL) Kelly Petri Wise f Bass Campbell Davis (IL) Kennedy (MA) Pickering Wolf Bateman Canady Davis (VA) Kennedy (RI) Pickett Woolsey ATLANTIC STRIPED BASS CON- Bentsen Cannon Deal Kennelly Pitts Wynn SERVATION ACT AMENDMENTS Bereuter Capps DeFazio Kildee Pombo Yates OF 1997 Berry Cardin DeGette Kilpatrick Pomeroy Young (AK) Bilirakis Carson Delahunt Kim Porter Young (FL) The SPEAKER pro tempore (Mr. Bishop Castle DeLauro Kind (WI) Portman Blagojevich Chabot Deutsch GOODLING). The pending business is the question of suspending the rules and Bliley Chambliss Diaz-Balart NAYS—39 Blumenauer Christensen Dickey passing the bill, H.R. 1658, as amended. Blunt Clay Dicks Barr Bonilla Coburn The Clerk read the title of the bill. Boehlert Clayton Dixon Bartlett Burton Combest Boehner Clement Doggett Barton Chenoweth DeLay The SPEAKER pro tempore. The Bonior Clyburn Dooley Berman Coble Dingell question is on the motion offered by H4878 CONGRESSIONAL RECORD — HOUSE July 8, 1997 the gentleman from Pennsylvania [Mr. Miller (FL) Ramstad Stearns PROHIBITION ON FINANCIAL Minge Rangel Stenholm PETERSON] that the House suspend the Mink Redmond Stokes TRANSACTIONS WITH COUNTRIES rules and pass the bill, H.R. 1658, as Moakley Regula Strickland SUPPORTING TERRORISM ACT amended, on which the yeas and nays Molinari Reyes Stump OF 1997 are ordered. Mollohan Riley Stupak Moran (KS) Rivers Sununu The SPEAKER pro tempore (Mr. This is a 5-minute vote. Moran (VA) Rodriguez Talent GOODLING). The pending business is the The vote was taken by electronic de- Morella Roemer Tanner question of suspending the rules and Murtha Rogan Tauscher vice, and there were—yeas 399, nays 8, Myrick Rogers Tauzin passing the bill, H.R. 748, as amended. not voting 27, as follows: Nadler Rohrabacher Taylor (MS) The Clerk read the title of the bill. Neal Ros-Lehtinen Thomas [Roll No. 248] The SPEAKER pro tempore. The Nethercutt Rothman Thompson question is on the motion offered by YEAS—399 Ney Roukema Thornberry Northup Roybal-Allard Thune the gentleman from Florida [Mr. Abercrombie Deal Horn Norwood Ryun Thurman MCCOLLUM] that the House suspend the Ackerman DeFazio Hostettler Nussle Sabo Tiahrt rules and pass the bill, H.R. 748, as Aderholt DeGette Houghton Oberstar Salmon Tierney Allen Delahunt Hoyer Obey Sanchez Torres amended, on which the yeas and nays Andrews DeLauro Hulshof Olver Sanders Towns are ordered. Archer DeLay Hutchinson Ortiz Sandlin Traficant This is a 5-minute vote. Armey Deutsch Hyde Owens Sawyer Turner Bachus Diaz-Balart Istook Oxley Saxton Upton The vote was taken by electronic de- Baesler Dickey Jackson (IL) Packard Schaefer, Dan Velazquez vice, and there were—yeas 377, nays 33, Baker Dicks Jackson-Lee Pallone Schaffer, Bob Vento answered ‘‘present’’ 1, not voting 23, as Baldacci Dingell (TX) Pappas Schumer Visclosky follows: Ballenger Dixon Jefferson Parker Scott Walsh Barcia Doggett Jenkins Pascrell Serrano Wamp [Roll No. 249] Barrett (NE) Dooley John Pastor Sessions Waters YEAS—377 Barrett (WI) Doolittle Johnson (CT) Paxon Shaw Watkins Bartlett Doyle Johnson (WI) Payne Shays Watt (NC) Abercrombie Coyne Greenwood Barton Dreier Johnson, E. B. Pease Shimkus Watts (OK) Ackerman Cramer Gutierrez Bass Duncan Johnson, Sam Pelosi Shuster Waxman Aderholt Crane Gutknecht Bateman Dunn Jones Peterson (MN) Skaggs Weldon (FL) Allen Crapo Hall (OH) Bentsen Ehlers Kanjorski Peterson (PA) Skeen Weldon (PA) Andrews Cubin Hall (TX) Bereuter Ehrlich Kaptur Petri Skelton Weller Archer Cummings Hansen Berman Emerson Kasich Pickering Slaughter Wexler Armey Cunningham Hastert Berry Engel Kelly Pickett Smith (MI) Weygand Bachus Danner Hastings (WA) Bilirakis English Kennedy (MA) Pitts Smith (OR) White Baesler Davis (FL) Hayworth Bishop Ensign Kennedy (RI) Pombo Smith (TX) Whitfield Baker Davis (IL) Hefley Blagojevich Eshoo Kennelly Pomeroy Smith, Adam Wicker Baldacci Davis (VA) Hefner Bliley Etheridge Kildee Porter Smith, Linda Wise Ballenger Deal Herger Blumenauer Evans Kilpatrick Portman Snowbarger Wolf Barcia DeFazio Hill Blunt Everett Kim Poshard Snyder Woolsey Barr DeGette Hilleary Boehlert Ewing Kind (WI) Price (NC) Souder Wynn Barrett (NE) DeLauro Hinchey Boehner Farr King (NY) Pryce (OH) Spence Yates Barrett (WI) DeLay Hinojosa Bonilla Fattah Kingston Quinn Spratt Young (AK) Bartlett Deutsch Hobson Bonior Fawell Kleczka Radanovich Stabenow Young (FL) Barton Diaz-Balart Hoekstra Bono Fazio Klink Rahall Stark Bass Dickey Holden Borski Filner Klug Bateman Dicks Hooley Boswell Flake Knollenberg NAYS—8 Bentsen Dixon Horn Boucher Foglietta Kolbe Bereuter Doggett Hostettler Boyd Forbes Kucinich Barr Neumann Scarborough Berman Dooley Houghton Brady Ford LaFalce Foley Paul Sensenbrenner Berry Doolittle Hoyer Brown (CA) Fowler LaHood Manzullo Royce Bilirakis Doyle Hulshof Brown (FL) Fox Lampson Bishop Dreier Hutchinson Bryant Frank (MA) Largent NOT VOTING—27 Blagojevich Duncan Hyde Bunning Franks (NJ) Latham Becerra Hilleary Rush Bliley Dunn Inglis Burr Frelinghuysen Lazio Bilbray Hunter Sanford Blunt Ehlers Istook Burton Furse Leach Brown (OH) Inglis Schiff Boehlert Ehrlich Jackson (IL) Buyer Gallegly Levin Cox Lantos Shadegg Boehner Emerson Jackson-Lee Callahan Ganske Lewis (CA) Dellums LaTourette Sherman Bonilla Engel (TX) Calvert Gekas Lewis (GA) Edwards Lowey Sisisky Bono English Jefferson Camp Gephardt Lewis (KY) Frost Menendez Smith (NJ) Borski Ensign Jenkins Campbell Gibbons Linder Gejdenson Mica Solomon Boswell Eshoo John Canady Gilchrest Lipinski Gilman Riggs Taylor (NC) Boucher Etheridge Johnson (CT) Cannon Gillmor Livingston Boyd Evans Johnson (WI) Capps Gonzalez LoBiondo Brady Everett Johnson, E. B. Cardin Goode Lofgren b 1801 Brown (CA) Ewing Johnson, Sam Carson Goodlatte Lucas Brown (FL) Fattah Jones Castle Goodling Luther Mr. SCARBOROUGH changed his Bryant Fawell Kanjorski Chabot Gordon Maloney (CT) Bunning Fazio Kaptur Chambliss Goss Maloney (NY) vote from ‘‘yea’’ to ‘‘nay.’’ Burr Filner Kasich Chenoweth Graham Manton Burton Flake Kelly Christensen Granger Markey b Buyer Foglietta Kennedy (MA) Clay Green Martinez 1800 Callahan Foley Kennedy (RI) Clayton Greenwood Mascara Calvert Forbes Kennelly Clement Gutierrez Matsui So (two-thirds having voted in favor Camp Ford Kildee Clyburn Gutknecht McCarthy (MO) thereof) the rules were suspended and Canady Fowler Kilpatrick Coble Hall (OH) McCarthy (NY) the bill was passed. Cannon Fox Kim Coburn Hall (TX) McCollum Capps Frank (MA) Kind (WI) Collins Hamilton McCrery The result of the vote was announced Cardin Franks (NJ) King (NY) Combest Hansen McDade as above recorded. Carson Frelinghuysen Kingston Condit Harman McDermott Castle Furse Kleczka Conyers Hastert McGovern A motion to reconsider was laid on Chabot Gallegly Klink Cook Hastings (FL) McHale the table. Chambliss Ganske Klug Cooksey Hastings (WA) McHugh Chenoweth Gekas Knollenberg Costello Hayworth McInnis Christensen Gephardt Kolbe Coyne Hefley McIntosh f Clay Gilchrest Kucinich Cramer Hefner McIntyre Clayton Gillmor Lampson Crane Herger McKeon Clement Gonzalez Largent Crapo Hill McKinney PERSONAL EXPLANATION Clyburn Goode Latham Cubin Hilliard McNulty Coble Goodlatte Lazio Cummings Hinchey Meehan Mr. MICA. Mr. Speaker, on rollcall Nos. 246, Collins Goodling Leach Cunningham Hinojosa Meek 247, and 248, I was inadvertently detained Combest Gordon Levin Danner Hobson Metcalf due to mechanical problems with my plane. Condit Goss Lewis (CA) Davis (FL) Hoekstra Millender- Cook Graham Lewis (KY) Davis (IL) Holden McDonald Had I been present, I would have voted ``yes'' Cooksey Granger Linder Davis (VA) Hooley Miller (CA) on each. Costello Green Lipinski July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4879 Livingston Pastor Smith (MI) PERSONAL EXPLANATION XXIII, the Chair declares the House in LoBiondo Paxon Smith (OR) Lucas Pease Smith (TX) Mrs. ROUKEMA. Mr. Speaker, on the Committee of the Whole House on Luther Peterson (MN) Smith, Adam June 25, on rollcall No. 236, I inadvert- the State of the Union for the consider- Maloney (CT) Peterson (PA) Smith, Linda ently voted ‘‘yes.’’ I intended to vote ation of the bill, H.R. 2016. Maloney (NY) Petri Snowbarger Manton Pickering Souder ‘‘no.’’ b 1813 Manzullo Pickett Spence Mr. Speaker, on June 25, 1997, on rollcall IN THE COMMITTEE OF THE WHOLE Markey Pitts Spratt vote 236 on H.R. 1119, the Defense Author- Martinez Pombo Stabenow Accordingly, the House resolved it- Mascara Pomeroy Stark ization Act for Fiscal Year 1998, I inadvertently self into the Committee of the Whole Matsui Porter Stearns voted ``yea.'' It was my intention to vote ``no'' House on the State of the Union for the McCarthy (MO) Portman Stenholm on the bill. consideration of the bill (H.R. 2016) McCarthy (NY) Poshard Stokes I have consistently voted against increasing McCollum Price (NC) Strickland making appropriations for military McCrery Pryce (OH) Stump defense spending, especially since the end of construction, family housing, and base McDade Quinn Stupak the cold war, when our Nation faces its big- realignment and closure for the De- McGovern Radanovich Sununu gest threat, not from outside our shores, but McHale Ramstad Talent partment of Defense for the fiscal year McHugh Rangel Tanner from the impending fiscal disaster that awaits ending September 30, 1998, and for McInnis Redmond Tauzin our country. other purposes, with Mr. BARRETT of McIntosh Regula Taylor (MS) H.R. 1119 was a $2.6 billion increase over Nebraska in the chair. McIntyre Reyes Taylor (NC) last year and included items that we either do McKeon Riley Thomas The Clerk read the title of the bill. McNulty Rivers Thompson not need nor can not be justified by objective The CHAIRMAN. Pursuant to the Meehan Rodriguez Thornberry analysis. rule, the bill is considered as having Menendez Roemer Thune H.R. 1119 included $331 million for ad- Metcalf Rogan Thurman been read for the first time. Mica Rogers Tiahrt vanced procurement of additional B±2 bomb- The gentleman from California [Mr. Millender- Rohrabacher Tierney ers. The CBO estimates that the additional PACKARD] and the gentleman from McDonald Ros-Lehtinen Towns bombers would cost $27 billion over the next North Carolina [Mr. HEFNER] each will Miller (FL) Rothman Traficant 20 years. This is for nine planes that neither Mink Roukema Turner control 30 minutes. Moakley Roybal-Allard Upton the President, the Secretary of Defense, the The Chair recognizes the gentleman Molinari Royce Velazquez Chairman of the Joint Chiefs of Staff, or the from California [Mr. PACKARD]. Mollohan Ryun Visclosky Secretary of the Air Force requested nor b 1815 Moran (KS) Sabo Walsh wants. I voted for an amendment to redirect Morella Salmon Wamp Mr. PACKARD. Mr. Chairman, I yield Murtha Sanchez Watkins this money for the use of the National Guard Myrick Sanders Watt (NC) and Reserve, but it failed. myself such time as I may consume. Nadler Sandlin Watts (OK) The bill included other questionable weap- Let me proceed by informing all the Neal Sanford Waxman Members that the rules require a Nethercutt Sawyer Weldon (FL) ons systems. It provides $661 million for the Neumann Saxton Weldon (PA) V±22 and $469 million for the joint strike fight- record vote on final passage of this bill. Ney Scarborough Weller er. Some have inquired. Northup Schaefer, Dan Wexler While the House debated the Defense bill, Mr. Chairman, I want to begin by Norwood Schaffer, Bob Weygand saying what a pleasure it has been for Nussle Schumer White our troops were still in Bosnia without any ef- Oberstar Sensenbrenner Whitfield fective exit date. The House defeated an me to work with the gentleman from Olver Serrano Wicker amendment to set the initial deadline for with- North Carolina [Mr. HEFNER]. We have Ortiz Sessions Wise drawal by December 31, 1997. We need to crafted this bill, I think, to be very at- Owens Shaw Wolf tractive to all the Members of the Con- Oxley Shays Woolsey bring our troops home from Bosnia and turn Packard Shimkus Wynn the mission over to our European allies. gress. Pallone Shuster Young (AK) H.R. 1119 contained many of the same pro- This is a military construction bill, Pappas Skeen Young (FL) visions of past bills that I have voted against. and our primary concern in this bill Parker Skelton was that we address this very serious Pascrell Slaughter Mr. Speaker, please let the record reflect problem with quality-of-life issues, NAYS—33 that I intended to vote ``no'' on H.R. 1119. f family housing, barracks, hospitals, Blumenauer LaHood Payne day-care centers, and the like. This bill Bonior Lewis (GA) Pelosi PERSONAL EXPLANATION includes $9,183,000,000. This is within Campbell Lofgren Rahall Conyers McDermott Scott Mr. KENNEDY of Rhode Island. Mr. the 602(b) allocations. It represents a Dingell McKinney Skaggs Speaker, I was unavoidably detained on $610 million reduction from last year’s Farr Meek Snyder appropriated levels. This is a 6 percent Hamilton Miller (CA) Tauscher rollcall vote 246 on today’s vote. Had I Harman Minge Torres been here, I would have voted ‘‘aye.’’ reduction. So we want Members of the Hastings (FL) Moran (VA) Vento f House to know that this bill is cutting, Hilliard Obey Waters not raising, the cost of Government. LaFalce Paul Yates GENERAL LEAVE The Members recognize that this ad- ANSWERED ‘‘PRESENT’’—1 Mr. PACKARD. Mr. Speaker, I ask dresses, as I have mentioned, the qual- Delahunt unanimous consent that all Members ity-of-life issues. We recommend that an additional $800 million above and NOT VOTING—23 may have 5 legislative days within which to revise and extend their re- beyond the request in the President’s Becerra Gejdenson Rush budget be devoted to improving the Bilbray Gibbons Schiff marks on the bill (H.R. 2016), making Brown (OH) Gilman Shadegg appropriations for military construc- troop housing, family housing, child Coburn Hunter Sherman tion, family housing, and base realign- day-care centers. This adds up to $752 Cox Lantos Sisisky million in barracks, troop housing; $28 Dellums LaTourette Smith (NJ) ment and closure for the Department Edwards Lowey Solomon of Defense for the fiscal year ending million in child day-care centers; $146 Frost Riggs September 30, 1998, and for other pur- million in hospital and medical facili- poses, and that I may include tabular ties; $104 million in environmental b 1809 and extraneous material. compliance on our bases; $1 billion for Mr. LAHOOD and Mr. MORAN of Vir- The SPEAKER pro tempore. Is there new housing and improvement of exist- ginia changed their vote from ‘‘yea’’ to objection to the request of the gen- ing housing; and over $3 billion of the ‘‘nay.’’ tleman from California? bill is in operation and maintenance of So (two-thirds having voted in favor There was no objection. existing inventory. Twenty-three per- thereof) the rules were suspended and f cent of the bill, or $2.1 billion, is for the bill, as amended, was passed. downsizing DOD’s infrastructure, in The result of the vote was announced MILITARY CONSTRUCTION other words, the base realignment and as above recorded. APPROPRIATIONS ACT, 1998 closure program. A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Again, I want to express my deep ap- the table. ant to House Resolution 178 and rule preciation to the staff, to the members H4880 CONGRESSIONAL RECORD — HOUSE July 8, 1997 of my subcommittee, certainly to the authorization bill. So we worked very it forward. We fully expect that this ranking member, for the cooperation closely with the authorizing commit- will move without a great deal of con- we have had in crafting this bipartisan tee and they have been very, very coop- troversy; and, hopefully, we will be bill. In conclusion, I want to express erative. This $9.2 billion is roughly 4 able to have our final passage vote the fact that we have worked closely percent of the total defense budget and within the hour. with the authorizing committee. $610 million below last year’s level. As a matter of fact, all individual We strongly urge the Members of Mr. Chairman, I include the following items in this bill are included in the Congress to support the bill and move for the RECORD: July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4881 H4882 CONGRESSIONAL RECORD — HOUSE July 8, 1997 July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4883 Mr. PACKARD. I am particularly pleased that the spending on computer programs used in Mr. HEFNER. Mr. Chairman, I yield chairman funded several projects at the engineering, design, and construc- myself such time as I may consume. the Great Lakes Naval Base in my dis- tion of standard military facilities. (Mr. HEFNER asked and was given trict. The Great Lakes Naval Training permission to revise and extend his re- A second cost-saving measure in the sub- Center serves as the Navy’s only pri- committee's report is the forwarding of Bold marks.) mary training base and the principle Mr. HEFNER. Mr. Chairman, first of Venture, the Pentagon's program to move mili- location for early training skills. This tary entrance processing stations from private, all, I would be remiss if I did not con- bill includes new enlisted barracks at gratulate the chairman of the commit- commercial buildings to military installations in the Great Lakes Naval Hospital at a order to reduce office rent expenditures and tee, who is one of the finest gentleman cost of $5.2 million in new barracks, I have ever worked with in this House, the cost associated with housing recruits in two new fire stations, and a combat hotels rather than in barracks. and this is one of the best committees, pool at the Great Lakes Naval Training I guess, in the entire House of Rep- Center at a cost of $26.7 million. I thank the chairman and ranking member resentatives. And I would like to con- Under the leadership of the gen- for including this language in the subcommit- gratulate the staff, because they have tleman from California [Mr. PACKARD], tee's report, and I look forward to reviewing done a tremendous job, both on the mi- this bill takes very strong steps in im- the Defense Logistics Agency's report on the nority side and the majority side, they proving the quality of life for our budgeting timetable for Bold Venture, which is have done a tremendous job in putting armed services. He has done a master- due to the Appropriations Committee no later together this bill, and it merits the ful job in crafting the bill, and I ap- than January 1998. support of everyone in this House. plaud him and urge support of all Mem- But perhaps the best feature of this This bill contains, as the chairman bers. package is the specific instruction in- has said, some $9.2 billion in total fund- Mr. HEFNER. Mr. Chairman, I yield 3 cluded by the chairman to the Army, ing. This is $600 million below last minutes to the gentleman from Massa- the Army National Guard, and the Na- year. I would like to remind some of chusetts [Mr. OLVER], who is a member the critics of the bill that we have been tional Guard Bureau on the need for a of the committee. taken to task that we are over the concerted system of planning and (Mr. OLVER asked and was given prioritizing the hundreds and hundreds President’s mark. But I would like to permission to revise and extend his re- remind the Members of the House that of unbudgeted Army National Guard marks.) construction projects. we have a committee that in the past 2 Mr. OLVER. Mr. Chairman, as a new years, under both Democrat and Re- member of the Subcommittee on Mili- The subcommittee report before the House publican administrations, we have had tary Construction, I rise to support today points out that the Army Guard has no to fight very hard to get money for this bill, but particularly to commend comprehensive approach whatsoever to ar- quality of life for our troops. We have the gentleman from California, Mr. mory constructionÐas well as no understand- concentrated on doing the best that we able, consistent method for prioritizing compet- PACKARD for his very effective leader- can for quality of life for our troops, ship, and then also to commend both ing armory and readiness center construction and we think we have done a good job Chairman Packard and the gentleman projects. with limited funds. I commend the leadership of the gen- We have got 50 new barracks from North Carolina, Mr. HEFNER, the ranking member, for their very biparti- tleman from California [Mr. PACKARD], projects, and all of our barracks are the chairman, and the gentleman from over 40 years old. We need another san working relationship which was in- North Carolina [Mr. HEFNER] in taking 250,000 units. And I might add that ev- deed, as the previous speaker said, a steps to improve this extremely poor erything in this package has been au- joy to work with. budgeting process, both for the next thorized and was voted on and passed The fiscal 1998 MILCON appropria- fiscal year and for the long run. in this House. So I think we have a tions bill continues to focus on the very good bill, and I want to thank the quality of life for servicemen and For those reasons and more, I urge chairman for all of his courtesy to women. Improving quality of life for my colleagues on both sides of the aisle work with us through the years and for those who serve in the Armed Forces to support the fiscal 1998 military con- the staff. and for their families is critical if we struction bill. are going to retain our best personnel Mr. Chairman, I reserve the balance Mr. PACKARD. Mr. Chairman, I yield beyond their minimum service require- of my time. 2 minutes to the gentleman from Mis- ments. We are spending billions on new Mr. PACKARD. Mr. Chairman, I yield sissippi [Mr. WICKER], a member of the weapons, and we ought to spend enough 3 minutes to the gentleman from Illi- subcommittee. nois [Mr. PORTER]. to ensure that the servicemen and Mr. PORTER. Mr. Chairman, I thank women who operate those sophisticated Mr. WICKER. Mr. Chairman, I thank the gentleman for yielding me the weapons are not left in substandard the chairman of the subcommittee for time. and in some cases deplorable living yielding me the time. Mr. Chairman, I rise in strong sup- conditions. Mr. Chairman, I want to briefly echo port of the bill, and I want the gen- To that end, this bill provides fund- the sentiments of other speakers who tleman from California [Mr. PACKARD] ing, in some cases above the Penta- already talked tonight in commenda- to know that it is a joy to serve on his gon’s request, for new child develop- tion of our subcommittee chairman, subcommittee and under his chairman- ment centers; new hospital and medical the gentleman from California [Mr. ship. facilities, including treatment centers PACKARD], as well as the gentleman As I said at the markup, the gen- and medical research facilities; and for from North Carolina [Mr. HEFNER], the tleman from California [Mr. PACKARD] cleanup at military bases where con- ranking member, for the bipartisan na- could give us all lessons in how to tamination sites that are in violation ture in which they have approached mark up a bill in an efficient way and of either Federal or State environ- this issue, taking care of quality-of-life to get the job done. The gentleman mental protection laws do exist. and readiness issues, all within our from California has done an outstand- The report which accompanies this budget allocation. ing job in crafting this bill that ad- bill contains initiatives that should be dresses the quality of life and needs of supported by all Members. These ini- Mr. Chairman, I think it might sur- our armed services. tiatives are aimed at saving costs and prise many American people to hear The men and women who serve this bringing common sense to construction that over 25 percent of our military country deserve the very best that we planning by the service branches. barracks are in substandard condition can provide, and this bill includes in- There are instructions in the report at the present time and over 66 percent creased funding for billets, for new for each military department to de- of onbase housing is considered sub- family housing units, and for private velop a unified design guidance pro- standard. And that is what this bill is family homes. Each of these are essen- gram to stop wasteful, duplicative principally about. tial to the readiness of our Armed spending on the engineering and design I was glad to see my friend, the gen- Forces. of like projects, including duplicative tleman from Illinois [Mr. PORTER], talk H4884 CONGRESSIONAL RECORD — HOUSE July 8, 1997 about quality of life as it affects readi- tional Defense Authorization Act for payers. We are expecting the design ness. It would take 32 years and $30 bil- fiscal year 1998, which passed the House phase of that, to have it within the lion in order to correct all of the prob- prior to the recess by a vote of 304 to next 2 weeks, but it will take a little lems presently associated with our 120. more time to have a final report. What I am trying to accomplish, Mr. military housing. b 1830 Forty-two percent of this bill goes Chairman, in this colloquy is, first of toward family housing needs, $1 billion This House has always responded to all, I understand that there is no toward new family housing, and an- the clear and compelling need of the money in this bill for such a transfer of other $3 billion toward operation and military services. H.R. 2016 reflects a the Military Sealift Command. Am I maintenance of existing facilities. bipartisan consensus on military con- correct in that statement? There are also many other needs that struction that has already been ratified Mr. PACKARD. Mr. Chairman, will are met by the bill: $28 million for by the House. I urge Members to keep the gentleman yield? child development centers, $146 million faith with the men and women in uni- Mr. MENENDEZ. I yield to the gen- for hospital and medical facilities, $752 form and continue our effort to im- tleman from California. Mr. PACKARD. The gentleman is million for barracks facilities. prove their living and working condi- tions. I ask for my colleagues’ support correct. So I just want to echo the comments Mr. MENENDEZ. Second, Mr. Chair- of other speakers already and con- for this bill. Mr. SKELTON. Mr. Chairman, will man, I would ask if the gentleman will gratulate the chairman and the rank- work with us to seek a resolution with ing member. Because of the rule, we the gentleman yield? Mr. HEFLEY. I yield to the gen- the Navy on this matter in order to en- will have a recorded vote; and I cer- sure that the taxpayers’ money is well tainly would expect an overwhelming tleman from Missouri. Mr. SKELTON. Mr. Chairman, let me spent and we are going to the most ap- vote in favor of this legislation. propriate place. take just a moment to associate myself Mr. PACKARD. Mr. Chairman, I yield Mr. PACKARD. Of course we will 3 minutes to the gentleman from Colo- with the gentleman’s remarks and work with the gentleman in every way rado [Mr. HEFLEY], the chairman of the compliment him as the subcommittee we can to resolve the problem. authorizing Subcommittee on Military chairman on the authorizing commit- Mr. MENENDEZ. I thank the gen- Installations and Facilities of the Com- tee, to compliment the gentleman from tleman. mittee on National Security. California [Mr. PACKARD], the chair- Mr. PACKARD. Mr. Chairman, I yield Mr. HEFLEY. Mr. Chairman, I rise in man, and the gentleman from North 3 minutes to the gentleman from Ne- strong support of H.R. 2016, the Mili- Carolina [Mr. HEFNER], the ranking braska [Mr. BEREUTER]. tary Construction Appropriations Act member who has labored so long and so (Mr. BEREUTER asked and was for fiscal year 1998. well in his previous chairmanship on given permission to revise and extend The gentleman from California [Mr. this. This is an excellent bill, and I his remarks.) PACKARD] and the gentleman from think it should pass, as the gentleman Mr. BEREUTER. Mr. Chairman, this North Carolina [Mr. HEFNER] have de- says, overwhelmingly. I thank the gen- Member rises to express his concerns scribed the principal features of this tleman for yielding. regarding the lack of funding for many legislation, and I do not want to repeat Mr. HEFNER. Mr. Chairman, I yield 2 Army National Guard projects in H.R. what they already have said. But as minutes to the gentleman from New 2016. This deficiency, I am told, in chairman of the Subcommittee on Jersey [Mr. MENENDEZ]) for a colloquy funding is apparently the result of a Military Installations and Facilities, I with the chairman of the subcommit- lack of communications by the Army would like to elaborate on a couple of tee. National Guard Bureau with the mem- points that the gentleman from Cali- Mr. MENENDEZ. I thank the distin- bers of the Appropriations Subcommit- fornia [Mr. PACKARD] and the gen- guished gentleman for yielding me this tee as to the priorities of the various tleman from North Carolina [Mr. HEF- time. projects requested by each State’s Army National Guard. Reference to NER] have made. Mr. Chairman, if I may, what I am This House has been concerned for trying to accomplish in lieu of an that matter was previously made a few some time about the serious shortfalls amendment that I intended to offer in minutes ago by the gentleman from in basic infrastructure, military hous- this colloquy with the chairman is Massachusetts. There is certainly a les- ing, and other facilities that affect the based on an issue that arises from my son to be learned by the Army National Guard Bureau from this process. I be- readiness of our Armed Forces and the district where the Military Ocean Ter- lieve the Army National Guard Bureau quality of life for military personnel minal in Bayonne, NJ is going to close. must learn that it can no longer rely and their families, and Congress has That is a foregone conclusion. We un- on the political connections of the past taken action to attempt to address derstand that. But as part of this proc- with respect to both the Congress and ess, the BRAC Commissioners voted to those shortfalls. the Pentagon. It must also make more Both the authorization and appro- take the Military Sealift Command energetic efforts to directly commu- priations committees of jurisdiction that was there and have them relocate nicate its needs and its priorities to to a base X, an undisclosed base. My were disappointed that the budget re- the Appropriations Subcommittee. quested by the administration for fis- understanding is that there would be a This member recognizes the great cal year 1998 continued a pattern of sig- financial feasibility as to what would difficulty the members of the sub- nificant deterioration in the funding be the most appropriate place to have committee faced in formulating this programmed by the Department of De- the Military Sealift Command be relo- appropriation bill. It is clear that ex- fense for military construction, in cated to. tremely tight budgetary constraints spite of the very clear and obvious fa- The Navy has gone off unreined to made the job of the subcommittee cilities problem that the services determine that they want to go to a lo- much more difficult, especially when confront. This legislation will not solve cation that does not in fact substan- coupled with this lack of adequate all those problems, but, if it passes, it tiate itself with any study as to what is communications by the Army National will be a further demonstration of the the financial cost and whether it is the Guard Bureau. commitment of the House to correct most financially feasible cost. Con- It is my understanding that this un- the severe deficiencies that exist at our sequently we have learned that they fortunate situation has resulted in the military installations. intend to go to Camp Pendleton, VA. lack of appropriations for many worthy I am gratified that the authorization In January of this year, I asked for a projects for the Army National Guard, and appropriations subcommittees GAO report simply to find out whether including projects in the districts of have continued their close working re- or not they have done a study and if the subcommittee members. I strongly lationship. The gentleman from Cali- not what is the most appropriate place regret that circumstance. This mem- fornia [Mr. PACKARD] is correct that all in terms of the consequences of the fi- ber, for example, requested the sub- projects recommended for appropria- nancial impact of moving this and is committee’s consideration of two mili- tion in the bill have been represented this the most financially feasible both tary construction projects for the Ne- for authorization in H.R. 1119, the Na- for the Navy and for the U.S. tax- braska National Guard. They should July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4885 have received strong consideration and bill that we are pork-barreling. But I increases the quality of life for Amer- bureau support, and I will expect that do not think it is pork-barreling when ican military personnel and makes im- this deficiency will be corrected in the we are doing the very best that we can portant investments in our defense fa- short-range future. with limited dollars for our men and cilities. Mr. Chairman, in conclusion, this women in the Armed Forces. The peo- As I heard the gentleman from North member would like to express his hope ple who are so critical of us do not re- Carolina [Mr. HEFNER] comment about that this unfortunate situation is rec- alize that we have had pauses, one year what is good and the gentleman from tified by the Army National Guard Bu- we did not have any money particular California [Mr. PACKARD] talk about reau and that a similar predicament is at all, we did no improvements in bar- what is good for our young men and not encountered in the future by mem- racks and quality of life, and then we women in the service, I want to give an bers of the Subcommittee on Military have had the only budget in this House example of this committee’s work that Construction of the Committee on Ap- that has been stagnant at best. We relates to the Air Force Base and the propriations. have actually lost ground over the last Air National Guard unit at Fairchild This criticism of the bureau has to be few budget sessions. We have done a Air Force Base in my district in Spo- made, it seems to me, but it is offered good job, and the chairman has done a kane, WA. Fairchild Air Force Base by this member for constructive rea- good job in putting together along with began in 1942 as an airplane mainte- sons. Therefore, I would hope that the the staff what I consider a very, very nance depot, and then it became a B–29 bureau does not have any future sense good budget. I agree with my friend bomber base after World War II. In of retribution for bringing this defi- from California, it is absolutely ter- 1976, it became the 141st Air Refueling ciency to the attention of the body. rible when we go to these bases, in Wing, it moved to Fairchild as a tenant I thank the chairman and the rank- some of them these young men and unit, and it houses the KC–135s for the ing member and all the members of the women are operating the most sophis- Air National Guard in hangars which subcommittee for the outstanding job ticated weapons that man has ever de- were meant for World War II. they have done on the bill they bring vised and they are walking across un- These hangars are large enough to before us. paved parking lots and standing in cover most of the airplane, but not the Mr. PACKARD. Mr. Chairman, I yield showers up to their ankles to get a tail and the fuselage. So for 20 years 1 minute to the gentleman from Cali- bath. This is absolutely not right. This the rear end of these airplanes has fornia [Mr. CUNNINGHAM], a member of should be a higher priority. This should stuck out in the open air. Whenever an the full committee. be a real priority for any administra- Air National Guard mechanic had to go Mr. CUNNINGHAM. Mr. Chairman, I tion to do whatever is needed for qual- out and work on this airplane, he had rise in support of the bill. I appreciate ity of life for our men and women who to stand out in the cold, and it gets my colleague from California for the lay it on the line, who make the sac- very cold in my part of the country in good work that he and the ranking rifice for their families. They certainly the wintertime. member have executed on the bill. But do not make a lot of money. If we are I just want these two distinguished I come to the committee with a con- going to have a volunteer force, if we gentlemen to understand, and the rest cern. For the first time I visited West are going to count on retention and of my colleagues to understand, too, Point this year, just a couple of weeks these young men signing up to stay and that this has a very practical implica- ago. We have a facility built in the to serve their country, we are going to tion in my district because it is cor- 1920’s, and they put through 4,000 ca- have to put more focus on quality of recting a problem that has existed for dets a day in these facilities. My col- life for our troops. That is what we years, and it really is a readiness issue leagues say, ‘‘What does a Navy guy have tried to do in this bill. I think it and it is a service issue for these young want to help the Army for?’’ Because is a bill that certainly, certainly mer- men and women who work on these air- we train our men and women to go to its the support of all the Members of planes. So by modifying this Air Na- war and they are hurting bad. The fa- this House. tional Guard hangar in my district, the cilities are cracked, they are falling Mr. Chairman, I reserve the balance whole plane is going to be under cover down in some cases, and this is what of my time. during the winter months and they are we have to offer the best of the best Mr. PACKARD. Mr. Chairman, I yield going to have maintenance be able to that go through? These rascals even myself 15 seconds to respond and cer- occur. That is just one example of some had ‘‘Beat Navy’’ signs on their houses, tainly agree totally and whole- very important measures in this bill on their bleachers, on their cars, and in heartedly with the ranking member that improve the quality of life of our their dormitories, but that does not that just spoke. Certainly we need to American men and women in uniform. overshadow the fact that I would like retain the trained men and women that Mr. Chairman, I recommend support to appeal to the gentleman from Cali- we have. We spend billions of dollars to for this bill. fornia next year to go forward and take train our men and women only to lose Mr. UNDERWOOD. Mr. Chairman, I rise in a trip there and he will see just how them because we do not have adequate support of H.R. 2016, the Military Construction decimated West Point is in relation to housing, we do not have adequate fa- Appropriations Act. This bill aptly balances our other academies. cilities for them. That is atrocious. I budgetary concerns with military concerns. In Mr. HEFNER. Mr. Chairman, I yield also agree with the gentleman from the process, quality of life issues are consid- myself 3 minutes in response to the California in regard to the need to im- ered and addressed by this bill. I commend gentleman from California [Mr. prove our academies. Chairman PACKARD and Congressman HEFNER CUNNINGHAM]. For many, many years I Mr. Chairman, I yield 2 minutes to for their efforts on this bill. They have done a have been on this Subcommittee on the gentleman from Washington [Mr. superb job. This bill is the appropriations for Military Construction. It has been our NETHERCUTT]. military construction projects. But, I think it is number one initiative to try to do what Mr. NETHERCUTT. Mr. Chairman, I important to understand that this bill is really we can for quality of life and to help thank the gentleman from California appropriations for the infrastructure that sup- for retention for what we believe is the [Mr. PACKARD] for yielding me this ports our soldiers, sailors, airmen, and ma- finest young men and women in the time. rines. This Bill also supports quality of life is- world in our Armed Forces. We have I certainly want to express my sup- sues that are important to our men and tried very, very hard to put the focus port for this military construction women in service. on quality of life, both in the authoriz- funding bill and certainly want to com- Like many Members with their own districts, ing committee and in the appropria- mend not only the gentleman from I have remained aware of military construction tions committee. But I must say, it has California [Mr. PACKARD] but the gen- projects for bases in my district. I am encour- been very difficult over the years in tleman from North Carolina [Mr. HEF- aged by the planned projects and recognize both Democrat and Republican admin- NER] for their good work on this bill. I that these were planned by DOD and contrib- istrations, it always makes the request know the Subcommittee on Military uted to the military environment on Guam short of what is needed for quality of Construction had less money to work positively. The projects followed the normal life for our military people. We have with this year and they have done an budgetary cycle and now are close to final ap- had some criticism in this particular admirable job of crafting a bill which proval. However, DOD has also attempted to H4886 CONGRESSIONAL RECORD — HOUSE July 8, 1997 request funding outside the normal budgetary purposes of this appropriation, and for con- struction authorization Acts, $45,098,000, to process. This funding would be for construc- struction and operation of facilities in sup- remain available until September 30, 2002. tion of a DOD Dependent School on Guam. port of the functions of the Commander in MILITARY CONSTRUCTION, AIR NATIONAL Chief, $721,027,000, to remain available until GUARD To characterize this properly, DOD first took September 30, 2002: Provided, That of this For construction, acquisition, expansion, actions in November 1996 regarding an edu- amount, not to exceed $71,577,000 shall be rehabilitation, and conversion of facilities cation contract between DOD and the Govern- available for study, planning, design, archi- for the training and administration of the ment of Guam. They stopped payment. This tect and engineer services, and host nation Air National Guard, and contributions there- support, as authorized by law, unless the clearly indicates DOD had the time to include for, as authorized by chapter 133 of title 10, Secretary of Defense determines that addi- appropriations requests for school construction United States Code, and military construc- tional obligations are necessary for such pur- during the normal budget cycle. In February of tion authorization Acts, $137,275,000, to re- poses and notifies the Committees on Appro- this year, DOD Comptroller Secretary Hamre main available until September 30, 2002. priations of both Houses of Congress of his testified before the Subcommittee on Military determination and the reasons therefor. MILITARY CONSTRUCTION, ARMY RESERVE Construction that there were no current plans MILITARY CONSTRUCTION, NAVY For construction, acquisition, expansion, to establish DOD schools on Guam. However, rehabilitation, and conversion of facilities For acquisition, construction, installation, there have been indications that DOD is seek- for the training and administration of the and equipment of temporary or permanent Army Reserve as authorized by chapter 133 ing a congressional add for the project. This public works, naval installations, facilities, of title 10, United States Code, and military sends the wrong message. Local elected lead- and real property for the Navy as currently construction authorization Acts, $77,731,000, ers in Guam have worked hard to open dis- authorized by law, including personnel in the to remain available until September 30, 2002. cussions with DOD regarding education is- Naval Facilities Engineering Command and sues, but have had little cooperation. Now other personal services necessary for the MILITARY CONSTRUCTION, NAVAL RESERVE DOD wants to change its own self proscribed purposes of this appropriation, $685,306,000, to For construction, acquisition, expansion, timeline and establish DOD schools this year remain available until September 30, 2002: rehabilitation, and conversion of facilities vice next year. I say let's keep the school year Provided, That of this amount, not to exceed for the training and administration of the re- $46,659,000 shall be available for study, plan- serve components of the Navy and Marine 1998 timeline. This will allow time for local ning, design, architect and engineer services, Corps as authorized by chapter 133 of title 10, education officials and DOD to discuss issues as authorized by law, unless the Secretary of United States Code, and military construc- and will preserve the appropriations process. Defense determines that additional obliga- tion authorization Acts, $40,561,000, to re- Mr. HEFNER. Mr. Chairman, I have tions are necessary for such purposes and no- main available until September 30, 2002. no further requests for time, and I tifies the Committees on Appropriations of MILITARY CONSTRUCTION, AIR FORCE RESERVE both Houses of Congress of his determination yield back the balance of my time. For construction, acquisition, expansion, and the reasons therefor. Mr. PACKARD. Mr. Chairman, I have rehabilitation, and conversion of facilities no further requests for time, and I MILITARY CONSTRUCTION, AIR FORCE for the training and administration of the yield back the balance of my time. For acquisition, construction, installation, Air Force Reserve as authorized by chapter The CHAIRMAN. All time for general and equipment of temporary or permanent 133 of title 10, United States Code, and mili- debate has expired. public works, military installations, facili- tary construction authorization Acts, Pursuant to the rule, the bill shall be ties, and real property for the Air Force as $27,143,000, to remain available until Septem- considered for amendment under the 5- currently authorized by law, $662,305,000, to ber 30, 2002. minute rule. remain available until September 30, 2002: NORTH ATLANTIC TREATY ORGANIZATION Provided, That of this amount, not to exceed SECURITY INVESTMENT PROGRAM During consideration of the bill for $45,880,000 shall be available for study, plan- amendment, the Chair may accord pri- ning, design, architect and engineer services, For the United States share of the cost of ority in recognition to a Member offer- as authorized by law, unless the Secretary of the North Atlantic Treaty Organization Se- ing an amendment that he has printed Defense determines that additional obliga- curity Investment Program for the acquisi- in the designated place in the CONGRES- tions are necessary for such purposes and no- tion and construction of military facilities and installations (including international SIONAL RECORD. Those amendments tifies the Committees on Appropriations of military headquarters) and for related ex- will be considered as having been read. both Houses of Congress of his determination and the reasons therefor. penses for the collective defense of the North The Chairman of the Committee of Atlantic Treaty Area as authorized in mili- MILITARY CONSTRUCTION, DEFENSE-WIDE the Whole may postpone until a time tary construction authorization Acts and during further consideration in the (INCLUDING TRANSFER OF FUNDS) section 2806 of title 10, United States Code, Committee of the Whole a request for a For acquisition, construction, installation, $166,300,000, to remain available until ex- recorded vote on any amendment and and equipment of temporary or permanent pended. may reduce to not less than 5 minutes public works, installations, facilities, and FAMILY HOUSING, ARMY real property for activities and agencies of the time for voting by electronic de- For expenses of family housing for the the Department of Defense (other than the Army for construction, including acquisi- vice on any postponed question that military departments), as currently author- tion, replacement, addition, expansion, ex- immediately follows another vote by ized by law, $613,333,000, to remain available tension and alteration and for operation and electronic device without intervening until September 30, 2002: Provided, That such maintenance, including debt payment, leas- business, provided that the time for amounts of this appropriation as may be de- ing, minor construction, principal and inter- termined by the Secretary of Defense may be voting by electronic device on the first est charges, and insurance premiums, as au- transferred to such appropriations of the De- in any series of questions shall not be thorized by law, as follows: for Construction, partment of Defense available for military less than 15 minutes. $202,131,000, to remain available until Sep- construction or family housing as he may The Clerk will read. tember 30, 2002; for Operation and Mainte- designate, to be merged with and to be avail- nance, and for debt payment, $1,148,937,000; in The Clerk read as follows: able for the same purposes, and for the same all $1,351,068,000. H.R. 2016 time period, as the appropriation or fund to Be it enacted by the Senate and House of Rep- which transferred: Provided further, That of FAMILY HOUSING, NAVY AND MARINE CORPS resentatives of the United States of America in the amount appropriated, not to exceed For expenses of family housing for the Congress assembled, That the following sums $34,350,000 shall be available for study, plan- Navy and Marine Corps for construction, in- are appropriated, out of any money in the ning, design, architect and engineer services, cluding acquisition, replacement, addition, Treasury not otherwise appropriated, for the as authorized by law, unless the Secretary of expansion, extension and alteration and for fiscal year ending September 30, 1998, for Defense determines that additional obliga- operation and maintenance, including debt military construction, family housing, and tions are necessary for such purposes and no- payment, leasing, minor construction, prin- base realignment and closure functions ad- tifies the Committees on Appropriations of cipal and interest charges, and insurance ministered by the Department of Defense, both Houses of Congress of his determination premiums, as authorized by law, as follows: and for other purposes, namely: and the reasons therefor. for Construction, $409,178,000, to remain MILITARY CONSTRUCTION, ARMY MILITARY CONSTRUCTION, ARMY NATIONAL available until September 30, 2002; for Oper- ation and Maintenance, and for debt pay- For acquisition, construction, installation, GUARD ment, $976,504,000; in all $1,385,682,000. and equipment of temporary or permanent For construction, acquisition, expansion, public works, military installations, facili- rehabilitation, and conversion of facilities FAMILY HOUSING, AIR FORCE ties, and real property for the Army as cur- for the training and administration of the For expenses of family housing for the Air rently authorized by law, including person- Army National Guard, and contributions Force for construction, including acquisi- nel in the Army Corps of Engineers and therefor, as authorized by chapter 133 of title tion, replacement, addition, expansion, ex- other personal services necessary for the 10, United States Code, and military con- tension and alteration and for operation and July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4887 maintenance, including debt payment, leas- available for hire of passenger motor vehi- construction on Kwajalein Atoll for which ing, minor construction, principal and inter- cles. the lowest responsive and responsible bid is est charges, and insurance premiums, as au- SEC. 103. Funds appropriated to the Depart- submitted by a Marshallese contractor. thorized by law, as follows: for Construction, ment of Defense for construction may be SEC. 113. The Secretary of Defense is to in- $341,409,000, to remain available until Sep- used for advances to the Federal Highway form the appropriate Committees of Con- tember 30, 2002; for Operation and Mainte- Administration, Department of Transpor- gress, including the Committees on Appro- nance, and for debt payment, $830,234,000; in tation, for the construction of access roads priations, of the plans and scope of any pro- all $1,171,643,000. as authorized by section 210 of title 23, Unit- posed military exercise involving United FAMILY HOUSING, DEFENSE-WIDE ed States Code, when projects authorized States personnel thirty days prior to its oc- therein are certified as important to the na- curring, if amounts expended for construc- For expenses of family housing for the ac- tional defense by the Secretary of Defense. tion, either temporary or permanent, are an- tivities and agencies of the Department of SEC. 104. None of the funds appropriated in ticipated to exceed $100,000. Defense (other than the military depart- this Act may be used to begin construction SEC. 114. Not more than 20 per centum of ments) for construction, including acquisi- of new bases inside the continental United the appropriations in Military Construction tion, replacement, addition, expansion, ex- States for which specific appropriations have Appropriations Acts which are limited for tension and alteration, and for operation and not been made. obligation during the current fiscal year maintenance, leasing, and minor construc- SEC. 105. No part of the funds provided in shall be obligated during the last two tion, as authorized by law, as follows: for Military Construction Appropriations Acts months of the fiscal year. Construction, $4,950,000, to remain available shall be used for purchase of land or land (TRANSFER OF FUNDS) until September 30, 2002; for Operation and easements in excess of 100 per centum of the Maintenance, $32,724,000; in all $37,674,000. value as determined by the Army Corps of SEC. 115. Funds appropriated to the Depart- BASE REALIGNMENT AND CLOSURE ACCOUNT, Engineers or the Naval Facilities Engineer- ment of Defense for construction in prior PART II ing Command, except (a) where there is a de- years shall be available for construction au- thorized for each such military department For deposit into the Department of De- termination of value by a Federal court, or by the authorizations enacted into law dur- fense Base Closure Account 1990 established (b) purchases negotiated by the Attorney ing the current session of Congress. by section 2906(a)(1) of the Department of De- General or his designee, or (c) where the esti- SEC. 116. For military construction or fam- fense Authorization Act, 1991 (Public Law mated value is less than $25,000, or (d) as oth- ily housing projects that are being com- 101–510), $116,754,000, to remain available erwise determined by the Secretary of De- pleted with funds otherwise expired or lapsed until expended: Provided, That not more than fense to be in the public interest. for obligation, expired or lapsed funds may $105,224,000 of the funds appropriated herein SEC. 106. None of the funds appropriated in be used to pay the cost of associated super- shall be available solely for environmental Military Construction Appropriations Acts vision, inspection, overhead, engineering and restoration, unless the Secretary of Defense shall be used to (1) acquire land, (2) provide design on those projects and on subsequent determines that additional obligations are for site preparation, or (3) install utilities for claims, if any. necessary for such purposes and notifies the any family housing, except housing for SEC. 117. Notwithstanding any other provi- Committees on Appropriations of both which funds have been made available in an- sion of law, any funds appropriated to a mili- Houses of Congress of his determination and nual Military Construction Appropriations tary department or defense agency for the the reasons therefor. Acts. SEC. 107. None of the funds appropriated in construction of military projects may be ob- BASE REALIGNMENT AND CLOSURE ACCOUNT, Military Construction Appropriations Acts ligated for a military construction project or PART III for minor construction may be used to trans- contract, or for any portion of such a project For deposit into the Department of De- fer or relocate any activity from one base or or contract, at any time before the end of fense Base Closure Account 1990 established installation to another, without prior notifi- the fourth fiscal year after the fiscal year for by section 2906(a)(1) of the Department of De- cation to the Committees on Appropriations. which funds for such project were appro- fense Authorization Act, 1991 (Public Law SEC. 108. No part of the funds appropriated priated if the funds obligated for such 101–510), $768,702,000, to remain available in Military Construction Appropriations project (1) are obligated from funds available until expended: Provided, That not more than Acts may be used for the procurement of for military construction projects, and (2) do $398,499,000 of the funds appropriated herein steel for any construction project or activity not exceed the amount appropriated for such shall be available solely for environmental for which American steel producers, fabrica- project, plus any amount by which the cost restoration, unless the Secretary of Defense tors, and manufacturers have been denied of such project is increased pursuant to law. determines that additional obligations are the opportunity to compete for such steel (TRANSFER OF FUNDS) necessary for such purposes and notifies the procurement. SEC. 118. During the five-year period after Committees on Appropriations of both SEC. 109. None of the funds available to the appropriations available to the Department Houses of Congress of his determination and Department of Defense for military con- of Defense for military construction and the reasons therefor. struction or family housing during the cur- family housing operation and maintenance BASE REALIGNMENT AND CLOSURE ACCOUNT, rent fiscal year may be used to pay real and construction have expired for obligation, PART IV property taxes in any foreign nation. upon a determination that such appropria- For deposit into the Department of De- SEC. 110. None of the funds appropriated in tions will not be necessary for the liquida- fense Base Closure Account 1990 established Military Construction Appropriations Acts tion of obligations or for making authorized by section 2906(a)(1) of the Department of De- may be used to initiate a new installation adjustments to such appropriations for obli- fense Authorization Act, 1991 (Public Law overseas without prior notification to the gations incurred during the period of avail- 101–510), $1,175,398,000, to remain available Committees on Appropriations. ability of such appropriations, unobligated SEC. 111. None of the funds appropriated in until expended: Provided, That not more than balances of such appropriations may be Military Construction Appropriations Acts $353,604,000 of the funds appropriated herein transferred into the appropriation ‘‘Foreign may be obligated for architect and engineer shall be available solely for environmental Currency Fluctuations, Construction, De- contracts estimated by the Government to restoration, unless the Secretary of Defense fense’’ to be merged with and to be available exceed $500,000 for projects to be accom- determines that additional obligations are for the same time period and for the same plished in Japan, in any NATO member necessary for such purposes and notifies the purposes as the appropriation to which country, or in countries bordering the Ara- Committees on Appropriations of both transferred. bian Gulf, unless such contracts are awarded Houses of Congress of his determination and SEC. 119. The Secretary of Defense is to to United States firms or United States the reasons therefor. provide the Committees on Appropriations of firms in joint venture with host nation the Senate and the House of Representatives GENERAL PROVISIONS firms. with an annual report by February 15, con- SEC. 101. None of the funds appropriated in SEC. 112. None of the funds appropriated in taining details of the specific actions pro- Military Construction Appropriations Acts Military Construction Appropriations Acts posed to be taken by the Department of De- shall be expended for payments under a cost- for military construction in the United fense during the current fiscal year to en- plus-a-fixed-fee contract for work, where States territories and possessions in the Pa- courage other member nations of the North cost estimates exceed $25,000, to be per- cific and on Kwajalein Atoll, or in countries Atlantic Treaty Organization, Japan, Korea, formed within the United States, except bordering the Arabian Gulf, may be used to and United States allies bordering the Ara- Alaska, without the specific approval in award any contract estimated by the Gov- bian Gulf to assume a greater share of the writing of the Secretary of Defense setting ernment to exceed $1,000,000 to a foreign con- common defense burden of such nations and forth the reasons therefor: Provided, That the tractor: Provided, That this section shall not the United States. foregoing shall not apply in the case of con- be applicable to contract awards for which tracts for environmental restoration at an the lowest responsive and responsible bid of (TRANSFER OF FUNDS) installation that is being closed or realigned a United States contractor exceeds the low- SEC. 120. During the current fiscal year, in where payments are made from a Base Re- est responsive and responsible bid of a for- addition to any other transfer authority alignment and Closure Account. eign contractor by greater than 20 per cen- available to the Department of Defense, pro- SEC. 102. Funds appropriated to the Depart- tum: Provided further, That this section shall ceeds deposited to the Department of De- ment of Defense for construction shall be not apply to contract awards for military fense Base Closure Account established by H4888 CONGRESSIONAL RECORD — HOUSE July 8, 1997 section 207(a)(1) of the Defense Authorization Mr. PACKARD. Mr. Chairman, I re- years in order to pay back the cost of Amendments and Base Closure and Realign- serve a point of order on the gentle- the upfront maneuvering to make this ment Act (Public Law 100–526) pursuant to man’s amendment. move to Charleston. And the net bot- section 207(a)(2)(C) of such Act, may be The CHAIRMAN. A point of order is tom line is that 20 years is far in excess transferred to the account established by reserved. section 2906(a)(1) of the Department of De- of any payback period for any base clo- fense Authorization Act, 1991, to be merged The Chair recognizes the gentleman sure that I am aware of in 1991, 1993, or with, and to be available for the same pur- from Florida [Mr. MCCOLLUM] for 5 1995. poses and the same time period as that ac- minutes. Mr. Chairman, at any rate I am left count. Mr. MCCOLLUM. Mr. Chairman, I with no recourse but to comment on SEC. 121. No funds appropriated pursuant to offer this amendment tonight out of a this today and to seek redress to pull this Act may be expended by an entity un- great deal of frustration because of that funding back. We are otherwise less the entity agrees that in expending the what has gone on over the past several going to waste a whole lot of money. It assistance the entity will comply with sec- years regarding a small portion of the is $151 million to make this move to tions 2 through 4 of the Act of March 3, 1933 Navy’s training center in Orlando, FL (41 U.S.C. 10a–10c, popularly known as the Charleston, unnecessarily being spent ‘‘Buy American Act’’). that was ordered closed in a base clo- by the Navy right now. I am told that SEC. 122. (a) In the case of any equipment sure decision in 1995. That small por- if we stop this process today, we could or products that may be authorized to be tion is the Navy’s Nuclear Power Pro- still save $80 or $90 million of that purchased with financial assistance provided pulsion Training Center. That center amount of money. There is no reason under this Act, it is the sense of the Congress was directed in 1995 to be relocated to to have this new school being built that entities receiving such assistance New London, CT to go along with the there. There is no reason that it could should, in expending the assistance, purchase Navy’s submarine and other nuclear fa- not stay in Orlando in a containment only American-made equipment and prod- cilities there. But in the process of the ucts. facility, which was an alternative that (b) In providing financial assistance under 1995 closure commission decision, a de- was proposed and is considered, and in this Act, the Secretary of the Treasury shall cision was made to keep open the sub- fact it is the logical thing to do in light provide to each recipient of the assistance a marine base in New London, CT, and as of this General Accounting Office re- notice describing the statement made in sub- a result of that there was no place for port which, as I say, corroborates what section (a) by the Congress. the nuclear power school facilities that I am saying. (TRANSFER OF FUNDS) are now in Orlando to go there. The The Navy’s excuse for not doing this, SEC. 123. During the current fiscal year, in cost to go to New London, to build new and I have talked to the Secretary of addition to any other transfer authority buildings, to buy new land, to dig the Navy, is that we do have long-term available to the Department of Defense, under the granite there was too great, recurring savings by making the move, amounts may be transferred from the ac- and the Navy came back—and I said and of course we do. Every base closure count established by section 2906(a)(1) of the 1995, it was 1993—came back in 1995 and Department of Defense Authorization Act, proposal has long-term recurring sav- 1991, to the fund established by section requested a redirect from New London ings. The point is, though, that it takes 1013(d) of the Demonstration Cities and Met- to Charleston of this particular facil- more than 20 years in this move to pay ropolitan Development Act of 1966 (42 U.S.C. ity. And in 1995 I argued rather vehe- back the upfront costs by those recur- 3374) to pay for expenses associated with the mently before that commission that ring savings, and anything greater Homeowners Assistance Program. Any the school should be kept in Orlando, than 8, 9, 10, 11 years is unheard of in amounts transferred shall be merged with not moved to Charleston; that it was base closures as far as payback period and be available for the same purposes and not a cost-effective move and that the times are concerned. for the same time period as the fund to payback period, which is the way we which transferred. Twenty years is way out of line, to- SEC. 124. Notwithstanding any other provi- measure these sorts of things, was tally wrong. Unfortunately when the sion of law, appropriations made available to going to be way too long. base closure laws were passed, there the Department of Defense Family Housing But the rules of the game that the were no remedies for errors like this Improvement Fund shall be the sole source Base Closure Commission used at that built into law. Once we got through the of funds available for planning, administra- time said, hey, we are going to look at process, once an error is made, that tive, and oversight costs incurred by the De- this as though the nuclear power facili- seems to be finality. The authorizing partment of Defense relating to military ties have already been moved to New committee did not have an open rule family housing initiatives and military un- London, and then we are going to com- accompanied housing initiatives undertaken out here for me to bring this up to my pursuant to the provisions of subchapter IV pare a move from New London to colleagues under, and consequently I of chapter 169, title 10, United States Code, Charleston to a move from New London am here today having asked the Sec- pertaining to alternative means of acquiring to Orlando; and the reality was it was retary of Defense to stop the money and improving military family housing, mili- a lot cheaper to move to Charleston flowing, asked the Secretary of Navy tary unaccompanied housing, and supporting from New London. But that was a total to no avail, on more than one occasion, facilities. fiction. The reality is that the Navy’s written letters, banged on the door of b 1845 Nuclear Propulsion Training Center the gentleman from Colorado [Mr. schools and so forth are still in Orlando Mr. PACKARD (during the reading). HEFLEY] in the authorizing subcommit- this day. Mr. Chairman, I ask unanimous con- tee, and find myself totally frustrated So last year along the way with ap- by the absence of an equitable and fair sent that the bill through page 17, line propriated moneys that were put for- 21, be considered as read, printed in the process to resolve this matter in the ward subsequent to that base closure best interests of the taxpayers. RECORD and open to amendment at any realignment decision, they began to point. And while somebody can say, ‘‘Well, construct in Charleston earlier than you are arguing for your own district The CHAIRMAN. Is there objection anticipated on these new schools, and I to the request of the gentleman from here,’’ actually we got a great base asked the General Accounting Office reuse plan undergoing, and the Navy California? for a report. The General Accounting There was no objection. just yesterday concluded negotiations Office came back. They have done, as with the city of Orlando that I think AMENDMENT OFFERED BY MR. MC COLLUM far as I know, no other reports on base will wind up being approved, so the Mr. MCCOLLUM. Mr. Chairman, I closure work. They have got some com- issue is not that. offer an amendment. prehensive work undergoing. But they The CHAIRMAN. The time of the The Clerk read as follows: were willing to do this on this one oc- gentleman from Florida [Mr. MCCOL- Amendment offered by Mr. MCCOLLUM: casion because it did not seem right to LUM] has expired. Page 17, after line 21, insert the following them either; and in November of 1996, (By unanimous consent, MR. MCCOL- new section: last year, they issued a report on this LUM was allowed to proceed for 1 addi- SEC. 125. None of the funds appropriated in this Act or any other Act for any fiscal year matter in which they described the fact tional minute.) may be used for military construction for that in reality, having looked at this Mr. MCCOLLUM. The issue is not a the Naval Nuclear Power Propulsion Train- matter, I was right all along; that the question of what is best for Orlando. ing Center in Charleston, South Carolina. payback period was going to be 20 The issue is what is wrong with a base July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4889 move that should never have taken quire more in up-front investment costs than struction contract was awarded on August place, what is wrong with the fact that remaining in Orlando. This cost will take 13, 1996. Navy officials from the Southern Di- our laws do not provide a remedy for about 20 years to recover through reduced vision, Naval Facilities Engineering Com- an error like this, and once one reads annual operating expenses. Keeping the mand, estimated that if the Navy cancelled NNPTC in Orlando would not require such a the contract by December 31, 1996, the termi- this General Accounting Office report large up-front cost, but operating the Center nation cost would be about $10 million. that I will put in the RECORD at the ap- would cost more per year in Orlando than in Annual Recurring Costs. The estimated $15.7 propriate time in the House of the Charleston. million annual Charleston support cost is Whole, it seems to me that the only ESTIMATED COSTS OF RELOCATION AND taken from the fiscal year 1998 CNET budget reasonable remedy is for us to proceed OPERATION submission. The budget submission contains with pulling back the money that was Our analysis of Navy cost data shows that an estimate of the cost to support the train- appropriated previously. moving the NNPTC to Charleston would re- ing center once it relocates to Charleston. And so I would urge my chairman, quire $115.4 million more in up-front costs According to Navy officials, the budget re- view process is not complete, and the esti- though his point of order may be tech- than keeping the Center in Orlando. It also shows that the annual operating cost at mates are therefore subject to change. The nically correct, to allow this amend- Charleston would be about $8.8 million less estimate does not include housing costs for ment to proceed. It is the only remedy than at Orlando. Table 1 shows the estimated training center staff and married students. I know to stop this loss, unnecessary one-time and annual recurring costs of relo- According to Charleston officials, on-base loss of money, and to remedy a base cating the NNPTC to Charleston and the family housing will be available for all those closure problem that really otherwise costs of keeping it in Orlando. that need it. Charleston officials estimated has no remedy that I know of that we the cost of operating this housing to be $4 can address. TABLE 1: DIFFERENCE BETWEEN ESTIMATED COSTS OF million annually. We took the estimated Orlando annual sup- The Navy’s nuclear power facilities RELOCATING THE NNPTC TO CHARLESTON AND LEAVING IT IN ORLANDO port cost of $20.3 million from data the Navy should remain in Orlando; the savings developed at the request of the 1995 Base Clo- [Dollars in millions] of money should be there. The move to sure and Realignment Commission. This es- Charleston makes absolutely no sense. timate also does not include housing costs Cost category Charles- Orlando Dif- A 20-year payback period is absurdly ton ference a for training center staff and married stu- dents. According to Navy officials, no on- wrong, and the General Accounting Of- One-time: fice report confirms the fact that we Construction and/or renovation ...... $125.6 $25.7 $99.9 base housing would be available at Orlando, are wasting the taxpayers’ money to Contract cancellation ...... 10.0 (10.0) so housing would have to be obtained on the Relocation b ...... 25.5 ...... 25.5 local economy. Navy data developed during make this move to some extraordinary Total ...... 151.1 35.7 115.4 the 1995 base closure and realignment proc- measure that may be indicative of ess showed that the annual basic allowance other problems, but I am only here to Annual recurring: for quarters and variable housing allowance address the one tonight. Support ...... 15.7 20.3 (4.6) Housing ...... 4.0 6.3 (2.3) cost at Orlando would be $6.3 million. Addi- Mr. Chairman, I include the following PCS c to follow on training ...... 1.9 (1.9) tionally, about half the students graduating ECORD from the Orlando training center would at- for the R : Total ...... 19.7 28.5 (8.8) U.S. GENERAL ACCOUNTING OFFICE, tend follow-on training at Charleston and NATIONAL SECURITY AND INTER- a This column shows the difference between the costs in Charleston and incur permanent change of station costs. Orlando (numbers in brackets are savings). Again using Navy data, we estimated this NATIONAL AFFAIRS DIVISION, b Costs of relocating personnel and equipment and separating civilian Washington, DC, November 22, 1996. personnel. cost to be $1.9 million. c Hon. BILL MCCOLLUM, Permanent change of station. PAYBACK PERIOD House of Representatives. We based the cost estimates in table 1 on Payback is the time in years before money DEAR MR. MCCOLLUM: In response to your Navy data. These estimates came largely spent on an action is recovered. Given the June 18, 1996, request, we compared the over- from current budget data or data developed $115.4 million difference in the one-time cost all cost of moving the Navy’s Nuclear Power during the 1995 base closure and realignment of moving to Charleston versus the cost of Propulsion Training Center (NNPTC) to process. The budget data has not yet been fi- remaining in Orlando, and the annual oper- Charleston, South Carolina, with the cost of nalized and is subject to change. The data ating cost reduction of $8.8 million, it would retaining the Center in Orlando, Florida. On developed during the 1995 base closure and take about 20 years to payback the dif- September 25, 1996, we briefed you on the re- realignment process was certified by the ference in one-time costs. The Navy main- sults of our work; this letter summarizes Navy as complete and accurate when it was tained that it would have to upgrade the that briefing. submitted. We believe that this data is the BEQ at Orlando if they were to remain at BACKGROUND best available for estimating the relative that location. Therefore, we included this In 1993 the Department of Defense (DOD) cost differences between the two locations. cost in our payback period estimate. You ex- recommended to the 1993 Base Closure and Following is a brief explanation of each of pressed concern about whether these renova- Realignment Commission that the Navy’s the cost categories in table 1. tions would actually occur and requested Training Center in Orlando, Florida, which One-Time Costs. The major one-time cost of that we provide a separate payback calcula- housed the NNPTC, be closed. Most of the relocating the NNPTC to Charleston is for tion that deletes the renovation cost. That Center’s basic and advanced training activi- the construction of classrooms, bachelor en- payback period would be about 27 years. To ties would then be relocated to the Navy’s listed quarters (BEQ), a galley, and an addi- determine the payback period, we assumed Great Lakes Training Center in Illinois. DOD tion to the existing medical/dental clinic. A that all one-time costs would be incurred in recommended that the NNPTC be relocated contract for construction of all these facili- the first year and savings would begin to ac- to the submarine base at New London, Con- ties except for the clinic was signed on Au- crue in the second year. We also discounted necticut, and that the submarines at New gust 13, 1996. We took the one-time costs costs to take into account the future value London be relocated to Kings Bay, Georgia. from contract data and the Chief, Naval Edu- of money. We used a discount rate of 3.8 per- The Commission approved the recommenda- cation and Training (CNET), fiscal year 1998 cent. budget submission to Navy headquarters. Re- tion on the Navy Training Center but did not SCOPE AND METHODOLOGY approve the submarine relocation. As a re- location costs are those generally associated We based our review on documents ob- sult, costly new construction was required with any base closure. We took the reloca- tained during meetings with officials from for the NNPTC at New London. tion cost estimate from the fiscal year 1998 the Department of the Navy; NNPTC, Or- During development of its 1995 base closure CNET budget submission. The one-time costs for Orlando reflect ac- lando; and the Naval Weapon Station, recommendations, the Navy looked for a less tions that may have to be taken if the Charleston. We also reviewed documents on costly location for the NNPTC and ulti- NNPTC remains in Orlando, that is, con- Navy and Base Closure and Realignment mately recommended the Naval Weapons struction and renovation of existing BEQs to Commission work regarding the decisions in Station in Charleston, South Carolina. The meet current DOD enlisted housing stand- both 1993 and 1995 to relocate the Naval 1995 Base Closure and Realignment Commis- ards and cancellation of the Charleston con- Training Center and NNPTC. We did not ver- sion approved the relocation. To date, the struction contract. The estimated cost to ify the Navy’s data. We also visited the NNPTC has not been relocated. Retaining construct and renovate Orlando BEQs came Naval Training Center in Orlando, Florida; NNPTC at the Navy Training Center in Or- from Navy data developed during the 1995 the Navy’s Center for Education and Train- lando was not considered because it had been base closure and realignment process. How- ing in Pensacola, Florida; and the Navy approved for closure in the previous Base ever, when the Navy will actually budget the Weapons Station in Charleston, South Caro- Closure and Realignment round. $25.7 million to construct and renovate the lina. RESULTS IN BRIEF Orlando BEQs is uncertain. We included the We conducted our review between July and Our analysis of Navy cost data shows that Charleston construction contract cancella- September 1996 in accordance with generally moving the NNPTC to Charleston will re- tion cost in one-time costs because the con- accepted government auditing standards. H4890 CONGRESSIONAL RECORD — HOUSE July 8, 1997 AGENCY COMMENTS AND OUR EVALUATION nism to change the recommendation the De- islation in violation of clause 2 of rule In commenting on a draft of this report, partment must implement it as the Commis- XXI. DOD agreed that moving the Navy’s Nuclear sion directed. The point of order is sustained. Power Propulsion School [NNPTC] to Thank you for the opportunity to provide Are there other amendments? the Department’s comments on the draft re- Charleston will require up front costs and re- If not, the Clerk will read the final sult in lower annual operating costs. DOD port. noted that the cost analysis prepared by the ROBERT E. BAYER, lines of the bill. Navy for the 1995 Base Closure and Realign- Principal Assistant Deputy Under Secretary The Clerk read as follows: ment Commission identified the costs for re- (Industrial Affairs & and Installations). This Act may be cited as the ‘‘Military directing a move from New London to Construction Appropriations Act, 1998’’. ORDERING INFORMATION Charleston whereas our analysis focused on a The CHAIRMAN. If there are no direct cost comparison between Orlando and The first copy of each GAO report and tes- other amendments, under the rule the Charleston. DOD stated that without a timony is free. Additional copies are $2 each. mechanism to change the Commission’s rec- Orders should be sent to the following ad- Committee rises. ommendation, the Department must imple- dress, accompanied by a check or money Accordingly, the Committee rose; ment it as directed. DOD also noted that order made out to the Superintendent of and the Speaker pro tempore [Mr. both of our analyses showed that it is more Documents, when necessary. VISA and CHAMBLISS] having assumed the chair, cost effective to operate the NNPTC in MasterCard credit cards are accepted, also. Mr. BARRETT of Nebraska, Chairman of Charleston. Our analysis showed Charleston Orders for 100 or more copies to be mailed to the Committee of the Whole House on had a lower annual operating cost but that it a single address are discounted 25 percent. the State of the Union, reported that would take 20 years for this lower cost to Orders by mail: U.S. General Accounting that Committee, having had under con- payback the one-time up-front cost of mov- Office, P.O. Box 6915, Gaithersburg, MD ing to Charleston. DOD’s comments are in 20884–6015, or visit: Room 1100, 700 4th St. NW sideration the bill (H.R. 2016) making enclosure I. (corner of 4th and G Sts. NW), U.S. General appropriations for military construc- We are providing copies of this letter to Accounting Office, Washington, DC. tion, family housing, and base realign- the Chairmen and Ranking Minority Mem- Orders may also be placed by calling (202) ment and closure for the Department bers of the Senate Committee on Armed 512–6000 or by using fax number (301) 258–4066, of Defense for the fiscal year ending Services and the House Committee on Na- or TDD (301) 413–0006. September 30, 1998, and for other pur- tional Security; the Director, Office of Man- Each day, GAO issues a list of newly avail- poses pursuant to House Resolution able reports and testimony. To receive fac- agement and Budget; and the Secretaries of 178, he reported the bill back to the Defense and the Navy. We will also make simile copies of the daily list or any list copies available to others on request. from the past 30 days, please call (202) 512– House. Please contact me at (202) 512–8412 if you or 6000 using a touchtone phone. A recorded The SPEAKER pro tempore. Under your staff have any questions about this let- menu will provide information on how to ob- the rule, the previous question is or- ter. Major contributors to this letter were tain these lists. dered. John Klotz, Assistant Director; Raymond C. For information on how to access GAO re- The question is on the engrossment Cooksey, Senior Evaluator; and Stephen ports on the INTERNET, send an e-mail mes- and third reading of the bill. DeSart, Senior Evaluator. sage with ‘‘info’’ in the body to: The bill was ordered to be engrossed Sincrely yours, [email protected] or visit GAO’s World and read a third time, and was read the DAVID R. WARREN, Wide Web Home Page at: hhtp://www.gao.gov. third time. Director, Defense Management Issues. POINT OF ORDER The SPEAKER pro tempore. The ENCLOSURE I Mr. PACKARD. Mr. Chairman, I cer- question is on the passage of the bill. OFFICE OF THE tainly sympathize with the gentle- Pursuant to clause 7 of rule XV, the UNDER SECRETARY OF DEFENSE, man’s concerns, but I must insist on yeas and nays are ordered. Washington, DC, November 20, 1996. my point of order against the amend- The vote was taken by electronic de- Mr. DAVID R. WARREN, ment because it proposes to change ex- Director, Defense Management Issues, National vice, and there were—yeas 395, nays 14, isting law and constitutes legislating Security and International Affairs Division, not voting 25, as follows: on an appropriations bill. Therefore it U.S. General Accounting Office, Washing- [Roll No. 250] ton, DC. violates clause 2 of rule XXI. DEAR MR. WARREN: This is in response to The CHAIRMAN. Does the gentleman YEAS—395 your draft report: ‘‘MILITARY BASES: In- from Florida [Mr. MCCOLLUM] wish to Abercrombie Brown (FL) Davis (FL) formation Relating to The Movement Of A be heard on the point of order? Ackerman Bryant Davis (IL) Aderholt Bunning Davis (VA) Navy Training Center’’, Dated October 15, Mr. MCCOLLUM. If I might, Mr. 1996, (GAO Code 709223/OSD case 1241). Allen Burr Deal Chairman. Andrews Burton DeFazio The Department agrees that implementing The reality is that this amendment Archer Buyer DeGette the Commission’s recommendation to redi- Armey Callahan Delahunt rect the transfer of the Navy’s Nuclear deals with appropriations. It discusses Bachus Calvert DeLauro Power Propulsion School (NPPS) from the that no funds appropriated in this act Baker Camp DeLay Naval Submarine Base New London to Naval or any other act for any fiscal year Baldacci Canady Deutsch Weapons Station Charleston requires up may be used for military construction Ballenger Cannon Diaz-Balart front costs and will result in lower annual Barcia Capps Dickey for a particular purpose. It does not Barr Cardin Dicks operating costs. The Department also agrees deal with authorization. It deals with Barrett (NE) Carson Dingell that the different methodologies used by the appropriations, and it deals with cut- Bartlett Castle Dixon GAO and the Defense Base Closure and Re- Barton Chabot Doggett alignment Commission to calculate imple- ting off the funding sources that this Bass Chambliss Dooley mentation costs and savings result in dif- Committee on Appropriations put for- Bateman Chenoweth Doolittle ferent estimates of how long it may take to ward and the House approved both in Bentsen Christensen Doyle recover these costs. the past and in this Congress. Bereuter Clay Dreier The Navy prepared a separate Cost of Base Berman Clayton Duncan And so I would urge that it be ger- Berry Clement Dunn Realignment Actions (COBRA) analysis for mane. I believe that it is. I do not un- Bilbray Clyburn Ehlers the BRAC 95 Commission to identify the derstand the anomalies that I am ad- Bilirakis Coble Ehrlich costs for a redirect of the NPPS from New vised about this rule if it is ruled out of Bishop Coburn Emerson London to Charleston. This analysis included Blagojevich Collins Engel BRAC 93 funds cost avoidances due to the order. I think it should be in order. Bliley Combest English BRAC 95 recommendation to redirect the Mr. PACKARD. Mr. Chairman, I re- Blumenauer Condit Ensign NPPS to Charleston instead of New London. quest a ruling from the Chair. Blunt Cook Eshoo Boehlert Cooksey Etheridge The GAO analysis focused on the direct com- The CHAIRMAN. The Chair is pre- Boehner Costello Evans parison of costs between Orlando and pared to rule on the amendment offered Bonilla Cox Everett Charleston and did not include the cost by the gentleman from Florida [Mr. Bonior Coyne Farr avoidances identified by the Navy. MCCOLLUM]. Bono Cramer Fawell Borski Crane Filner Regardless of the methodologies used or Because the amendment does not the differences in calculated costs and sav- Boswell Crapo Flake ings, both the GAO and the Department confine its limitation to the funds in Boucher Cubin Foglietta the pending bill, but instead applies it Boyd Cummings Foley agree that it is more cost effective to oper- Brady Cunningham Forbes ate the Nuclear Power Propulsion School in to other acts and other fiscal years as Brown (CA) Danner Ford Charleston. Furthermore, without a mecha- well, it must be held to constitute leg- July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4891 Fowler Lewis (KY) Rogan Rahall Royce Stark [Mr. PICKERING addressed the Fox Linder Rogers Ramstad Sensenbrenner Upton House. His remarks will appear here- Franks (NJ) Lipinski Rohrabacher Frelinghuysen Livingston Ros-Lehtinen NOT VOTING—25 after in the Extensions of Remarks.] Furse LoBiondo Rothman Baesler Gejdenson Schiff f Gallegly Lofgren Roukema Becerra Gilman Shadegg Ganske Lucas Roybal-Allard Brown (OH) Kanjorski Sisisky THE AMERICAN FAMILY FARM Gekas Luther Rush Dellums Lantos Smith (NJ) Gephardt Maloney (CT) Ryun Edwards Largent Solomon The SPEAKER pro tempore. Under a Gibbons Maloney (NY) Sabo Ewing LaTourette Taylor (NC) previous order of the House, the gen- Gilchrest Manton Salmon Fattah Lowey Yates tleman from California [Mr. CAPPS] is Gillmor Manzullo Sanchez Fazio Murtha recognized for 5 minutes. Gonzalez Martinez Sanders Frost Riggs Mr. CAPPS. Mr. Speaker, at this Goode Mascara Sandlin Goodlatte Matsui Sanford b 1918 time of the year when we talk about Goodling McCarthy (MO) Sawyer Mr. NADLER changed his vote from corn being so high by the Fourth of Gordon McCarthy (NY) Saxton July, I wish to talk briefly about the Scarborough ‘‘nay’’ to ‘‘yea.’’ Goss McCollum American family farm. The American Graham McCrery Schaefer, Dan So the bill was passed. Granger McDade Schaffer, Bob The result of the vote was announced family farm represents the heart and Schumer Green McDermott as above recorded. backbone of America. It reflects our Greenwood McGovern Scott values, our ideals, our heritage. Grow- Serrano A motion to reconsider was laid on Gutierrez McHale ing up in the heartland of this Nation Gutknecht McHugh Sessions the table. Shaw in Nebraska, together with my brother Hall (OH) McInnis f Hall (TX) McIntosh Shays Roger who is here today, I worked in Hamilton McIntyre Sherman Shimkus COMMUNICATION FROM HON. RICH- farms and was surrounded by farms. Hansen McKeon ARD A. GEPHARDT, DEMOCRATIC The work ethic and the values I hold Harman McKinney Shuster Hastert McNulty Skaggs LEADER today stem from this upbringing. The Skeen Hastings (FL) Meehan community I now represent on the Skelton The SPEAKER pro tempore (Mr. Hastings (WA) Meek Slaughter central coast of California actively Hayworth Menendez CHAMBLISS) laid before the House the Smith (MI) Hefley Metcalf following communication from Hon. participates in everything from cattle Smith (OR) Hefner Mica ranching to broccoli growing, to straw- Smith (TX) RICHARD A. GEPHARDT, Democratic Herger Millender- berry growing to wine cultivation. Smith, Adam leader: Hill McDonald Smith, Linda This past week we celebrated our Na- Hilleary Miller (CA) HOUSE OF REPRESENTATIVES, Snowbarger tion’s birthday. I participated in the Hilliard Miller (FL) OFFICE OF THE DEMOCRATIC LEADER, Snyder Hinchey Mink Washington, DC, June 26, 1997. Santa Barbara County Fair in Santa Souder Moakley Hinojosa Spence Hon. NEWT GINGRICH, Maria, CA. The farmers there are wor- Molinari Hobson Spratt Speaker of the House, House of Representatives, ried about whether or not they will be Hoekstra Mollohan Stabenow Washington, DC. able to pass their farms or ranches on Holden Moran (KS) Stearns DEAR MR. SPEAKER: Pursuant to section to their children. Today’s estate tax Hooley Moran (VA) Stenholm 711 of Public Law 104–293, I hereby appoint Horn Morella Stokes makes that very difficult, especially Hostettler Myrick the following individual to the Commission for these hardworking people in our Strickland to Assess the Organization of the Federal Houghton Nadler Stump Government to Combat the Proliferation of district. Hoyer Neal Stupak I strongly support efforts to protect Hulshof Nethercutt Sununu Weapons of Mass Destruction: Hunter Neumann Talent Mr. Tony Beilenson, Maryland the American family farm and provide Hutchinson Ney Tanner Yours very truly, estate tax relief for our Nation’s hard- Hyde Northup Tauscher RICHARD A. GEPHARDT. working farmers. Farmers and ranch- Inglis Norwood Tauzin f ers work long, hard hours over a life- Istook Nussle Taylor (MS) time to build their businesses. How- Jackson (IL) Obey Thomas COMMUNICATION FROM HON. RICH- Jackson-Lee Olver Thompson ever, far too often the burden of costly (TX) Ortiz Thornberry ARD A. GEPHARDT, DEMOCRATIC estate taxes forces them to sell their Jefferson Owens Thune LEADER land. This is especially prevalent in our Jenkins Oxley Thurman John Packard Tiahrt The SPEAKER pro tempore laid be- district with soaring property values Johnson (CT) Pallone Tierney fore the House the following commu- and continued suburban development. Johnson (WI) Pappas Torres nication from Hon. RICHARD A. GEP- Not only do farmers and ranchers lose Johnson, E. B. Parker Towns HARDT Johnson, Sam Pascrell Traficant , Democratic leader: when their land is sold but we all lose. Jones Pastor Turner HOUSE OF REPRESENTATIVES, We lose open space, we lose a critical Kaptur Paxon Velazquez OFFICE OF THE DEMOCRATIC LEADER, sense of community. Kasich Payne Vento Washington, DC, June 26, 1997. The American Farmland Trust just Kelly Pease Visclosky Hon. NEWT GINGRICH, Kennedy (MA) Pelosi Walsh published a report entitled Farming on Speaker of the House, House of Representatives, the Edge. This report lists farmlands Kennedy (RI) Peterson (MN) Wamp Washington, DC. Kennelly Peterson (PA) Waters DEAR MR. SPEAKER: Pursuant to section on the central coast of California as Kildee Petri Watkins one of the 20 most threatened agricul- Kilpatrick Pickering Watt (NC) 806(c)(1) of Public Law 104–132, I hereby ap- Kim Pickett Watts (OK) point the following individual to the Com- tural regions in the Nation. The report Kind (WI) Pitts Waxman mission on the Advancement of Federal Law warns that the U.S. population is ex- King (NY) Pombo Weldon (FL) Enforcement: pected to jump 50 percent by the mid- Kingston Pomeroy Weldon (PA) Mr. Gilbert Gallegos, Albuquerque, NM 21st century and high quality farm- Kleczka Porter Weller Yours very truly, Klink Portman Wexler lands will shrink 13 percent. During the RICHARD A. GEPHARDT. Klug Poshard Weygand same period the Nation could become a Knollenberg Price (NC) White f net food importer instead of a net food Kolbe Pryce (OH) Whitfield exporter. Kucinich Quinn Wicker SPECIAL ORDERS Mr. Speaker, we just cannot allow LaFalce Radanovich Wise The SPEAKER pro tempore (Mr. LaHood Rangel Wolf this to happen. This is why I am sup- Lampson Redmond Woolsey COOKSEY). Under the Speaker’s an- porting legislation to provide needed Latham Regula Wynn nounced policy of January 7, 1997, and estate tax relief to our Nation’s family Lazio Reyes Young (AK) under a previous order of the House, Leach Riley Young (FL) farmers and ranchers. Fortunately this Levin Rivers the following Members will be recog- message is being heard throughout the Lewis (CA) Rodriguez nized for 5 minutes each. country. Both tax bills on the House Lewis (GA) Roemer f floor last month addressed estate tax NAYS—14 The SPEAKER pro tempore. Under a relief. The President agrees and has previous order of the House, the gen- made estate tax relief for family farm- Barrett (WI) Frank (MA) Oberstar Campbell Markey Paul tleman from Mississippi [Mr. PICKER- ers and businesses one of his top prior- Conyers Minge ING] is recognized for 5 minutes. ities. I have cosponsored a bipartisan H4892 CONGRESSIONAL RECORD — HOUSE July 8, 1997 bill introduced by the House Commit- tion was such that that thousand dol- States can live within its means, we tee on Appropriations chairman, the lars that you had 10 years ago is now will keep the budget balanced well into gentleman from Louisiana [Mr. LIVING- only worth $500, then your real capital future years. STON], my friend, to increase the tax gains on that investment is $500. The problem is not a deficiency of exemption from the current level of b 1930 revenue for Washington, DC; the prob- $600,000 to $1.2 million. I ask my col- lem is, Mr. Speaker, too much spend- leagues to join me in this effort. It is not $1,000. And we should pay, ing. Mr. Speaker, it is also important Mr. Speaker, our 28 percent, or now, f that we encourage young people to be- with our new capital gains reduction, ANNOUNCEMENT BY THE SPEAKER come farmers and to be trained and it would be a 20-percent tax on the $500, PRO TEMPORE educated to exert leadership in agri- and that is what we call indexing cap- business. We need to make sure that ital gains for inflation. The SPEAKER pro tempore (Mr. agricultural education is strong and Now, the President says this is a COOKSEY). The Chair will remind all that groups like Future Farmers of time bomb that is going to explode the persons in the gallery that they are America, the 4–H, Agriculture Future deficit. I feel compelled to talk a little here as guests of the House and that of America are supported and strength- bit tonight about why we are in the fix any manifestation of approval or dis- ened. I am intensely proud that Cal that we are in right here in Washing- approval of proceedings is in violation Poly State University in my district is ton where we have these huge deficits, of the rules of the House. noted as one of the best institutions in and it is spending. f agricultural education in the Nation. It is not a problem with revenue. The American people have been sending NATIONAL YOUTH SPORTS This month as Congress grapples PROGRAM with monumental budget and tax bills, more and more and more money to we must not forget about our Nation’s Washington, DC, and for years the defi- The SPEAKER pro tempore. Under a family farmers and the pressures they cits got bigger and bigger. It was not previous order of the House, the gen- face. We must make our Nation’s fam- until the Republicans took control of tleman from Wisconsin [Mr. KIND] is ily farms and ranches a priority and this body that the deficits really start- recognized for 5 minutes. protect this vital ingredient of our ed coming down. Mr. KIND. Mr. Speaker, I rise today American heritage. Family farming is Mr. Speaker, the problem is spend- to report to my colleagues in the House an irreplaceable enterprise that we ing. As a matter of fact, when Ronald about a terrific program that I had the cannot afford to take for granted. Reagan cut taxes in 1980, revenues into pleasure to visit during our 4th of July the Federal Treasury went up more recess last week. The program is the f than $400 billion. But the reason the National Youth Sports Program, which The SPEAKER pro tempore. Under a deficit exploded is because this body, is one of the Department of Health and previous order of the House, the gen- the Congress of the United States, the Human Services’, the Department of tleman from Minnesota [Mr. RAMSTAD] House of Representatives, doubled Agriculture’s and the NCAA’s best kept is recognized for 5 minutes. spending over the next 8 years, and secrets, yet it is consistently one of the [Mr. RAMSTAD addressed the House. that is where those huge deficits came most successful, cost-effective, and in- His remarks will appear hereafter in from. If the Congress had held the line fluential programs helping youth in the Extensions of Remarks.] on spending, we would not be in the fix this country today. f we are in today and we would not have National Youth Sports helps at-risk, a $5 trillion national debt, $18,000 for economically disadvantaged children CAPITAL GAINS every man, woman, and child. and teenagers build the skills and the The SPEAKER pro tempore. Under a So when the President gets up and confidence they need to tackle the previous order of the House, the gen- talks about this being a time bomb tough challenges and also gives them tleman from Florida [Mr. WELDON] is that is going to explode the deficit, something positive to look forward to recognized for 5 minutes. what he is really saying to us is that he over their summertime break. Mr. WELDON of Florida. Mr. Speak- does not want to control himself, he Each summer 170 colleges and univer- er, I rise tonight to talk about the does not want to control Washington sities help shape the future of our issue of indexing capital gains for in- when it comes to spending, and he youth through this program. We have flation. I was very disappointed to re- wants to tax inflation. Our dollar is all heard of summer sports camps cently hear that the President of the worth less, our investment is worth where parents spend a lot of money to United States, Bill Clinton, opposed less because of inflation, but the Presi- send their children to catch the eyes of this, and he felt that this would be dent wants us to pay taxes on that. local coaches. Well, National Youth some sort of a time bomb that would I say, Mr. Speaker, that what we in Sports is completely different. explode the deficit. the Republican Party stand for is tax While the program, which is provided I am very disappointed to hear him fairness. And, Mr. Speaker, indexing at no cost to the participants, offers take this position because I believe capital gains is just an issue of fair- sports instruction and activities, the very strongly that indexing capital ness. If we have made that investment name is perhaps a misnomer. Program gains for inflation is an issue of fair- but inflation has eaten away at the staff members also teach life skills, ness. It is fairness to working people. It value of that investment, we should such as alcohol and other drug preven- is fairness to the American taxpayer. not have to pay income tax to Wash- tion, gang resistance, good nutrition, And the best way to get this point ington, DC, for inflation. personal health, science and math, and across, Mr. Speaker, is to give an ex- Mr. Speaker, our tax bill is the right job responsibilities. ample. tax bill. It is a tax cut for the middle National Youth Sports also provides Let us just suppose that 10 years ago class, and it does provide badly needed other direct services to the partici- you saved up $1,000 and you decided to capital gains reduction so that we can pants, such as USDA provided and ap- invest in something. Let us say you stimulate the economy and create proved meals, accident and medical in- were investing for maybe your daugh- good, high paying jobs well into the fu- surance for each participant, and a ter’s college education, she was 8 at the ture. But what is very, very important, medical exam before activities start. time, now she is 18. And now today Mr. Speaker, is that we treat the wage What makes the program so success- your thousand dollar investment was earners all across America with fair- ful and cost effective is the outstand- increased to $2,000. Well, you have got ness. ing partnership that exists between the a $1,000 capital gain on that invest- This indexing of capital gains, in my Federal Government, local civil organi- ment. And according to the kinds of opinion, is a fundamental issue of tax zations and civic organizations, private tax policy that Bill Clinton would like, fairness. It will not explode the deficit businesses, individual colleges and uni- you would pay a capital gains tax on if this body controls themselves on versities of the NCAA, and local law that $1,000. What we Republicans who spending, if they hold the line on enforcement agencies. Because the pro- support tax fairness say is that if infla- spending. If the Congress of the United gram is designed to serve youth from July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4893 low income families, in fact approxi- bombers, which during the course of a According to the Treasury report, mately 90 percent of the participants lifetime of those planes costs us rough- which examined the last year of the at each of the 170 sites must meet U.S. ly $27 billion, when the Department of Republican proposals, only 38 percent poverty guidelines, those who become Defense specifically requested that this of the tax cuts would be for middle involved in the program know that country not allocate any additional class families under the House pro- they have a direct impact at helping money for more B–2 bombers, I think posal, while 55 percent of the tax cuts at-risk youth make the right choices we can find a way to continue funding would go to the affluent. The Presi- when confronting the challenges in for this very worthwhile program. dent’s tax cuts, on the other hand, are their lives. That is why I ask my colleagues targeted more to the middle class. This more than anything is what I today to support this program. In fact, Eighty-three percent of the tax cuts wish to convey to my colleagues here just one of those B–2 planes will fi- under President Clinton’s proposal today. I am very proud to have 2 of the nance the National Youth Sports Pro- would be targeted to the middle class, 170 universities, University of Wiscon- gram for the next 250 years. Need I say and only 10 percent would be targeted sin-La Crosse and the University of more? to the wealthy. Wisconsin-Eau Claire in the congres- f Now, there was another study con- sional district that I represent, partici- The SPEAKER pro tempore. Under a ducted by Citizens for Tax Justice, pating in this program every year. previous order of the House, the gen- which illustrated that over half of the If everyone here could have seen the tleman from Minnesota [Mr. tax cuts will benefit those making nearly a quarter of $1 million and look of enthusiasm that I saw in those GUTKNECHT] is recognized for 5 min- kids’ eyes when I visited the program utes. above. Someone making nearly $650,000 last week, they would all realize the can expect to receive somewhere near [Mr. GUTKNECHT addressed the full value of the National Youth Sports $22,000 in tax benefits, while someone House. His remarks will appear here- Program. There are some truly amaz- making $44,500 can expect only a few after in the Extensions of Remarks.] ing things being done in the program. hundred dollars. And those in the bot- At the University of Wisconsin at f tom 40 percent of the income distribu- Eau Claire, for instance, the staff has REPUBLICAN TAX PLAN FAVORS tion, but still working families, can ac- put together an exciting math and THE WEALTHY tually expect to pay more taxes under science curriculum that relies heavily The SPEAKER pro tempore. Under a the Republican proposal, which cer- on the use of computers. They have put previous order of the House, the gen- tainly is not fair, in my opinion. together a challenging rope course to The differences in the Democratic tleman from New Jersey [Mr. PALLONE] not only test individual athletic skills and Republican approaches in this is recognized for 5 minutes. but also team building skills. Mr. PALLONE. Mr. Speaker, my Re- budget plan are clear, and I will con- The University of Wisconsin-La publican colleagues are obviously con- tinue to urge Republicans to wake up Crosse program has entered into a and listen to the American people. The cerned that the media and the Amer- partnership with the La Crosse Police Republican tax cuts focus on short- ican people are beginning to under- Department that enables police officers term profits and financial gains. Demo- stand that their tax plan heavily favors to work in the program on a daily crats emphasize investment in edu- the wealthy and that, if their plan is basis, infusing content from the cation to create a highly trained work made into law, it would explode the GREAT Program, the Gang Resistance force for the future. Education and Training. deficit. Rather than balance the budg- Republicans penalize low-income Besides reporting about the National et, it would unbalance the budget, and workers by not cutting their taxes and Youth Sports Program today, I also that would really be a great tragedy also treating people who are working want to take a couple of seconds here since so many people have worked so their way off the welfare rolls as sec- today to commend a few of the individ- hard to achieve this balanced budget ond-class citizens. Democrats, on the uals I met who make the program the agreement. other hand, believe that low-income big success that it is. At the University I believe that Congress should bal- workers should not be excluded from of Wisconsin-La Crosse, Mo McAlpine, ance the budget, and I also believe that the tax cuts and are eager to assist Garth Tymeson, Joannie Lorentz, Phil we can cut taxes responsibly and in a welfare recipients in becoming produc- Esten, Tim Laurent, Officer Roger way that maintains the goals of con- tive citizens. Barnes, and Lieutenant Doug Groth of tinued balanced budgets beyond the The contrasts are so clear, Mr. the La Crosse Police Department; and year 2000. Democrats feel that any tax Speaker: Republicans have always fa- at the University of Wisconsin-Eau cuts should be targeted primarily to vored the corporate tax breaks and the Claire it is Bill Harmes, Diane working Americans. Unfortunately, the million dollar exemptions, while Demo- Gilbertson, Mary Maddox, and Brad Republicans have thus far been suc- crats have been the fighters for the Chapman. cessful in cutting a large portion of the middle class. Again, the argument is no There are many, many more staff and taxes for their country club buddies. longer about whether we should bal- volunteers who devote countless num- Republican tax breaks focus on big ance the budget or cut taxes but about bers of hours at little or no compensa- business, special interests and wealthy how we should do it. tion at all because they want to make families, while limiting tax cuts for I believe the Democrat approach is a difference in young lives. They all education and families with children. the right approach. It is certainly not bring a tremendous amount of enthu- They offer million dollar tax exemp- too late. We are now in the process of siasm, dedication, but also a concern tions instead of helping working fami- reconciling the budget. The Repub- for these children in our country. lies. Democrats, on the other hand, licans really have to move to lighten The Federal Government’s $12 mil- strongly believe that the Republican the burden on low- and middle-income lion grant, which acts as seed money values from this debate are out of sync families if they are to expect that the for the program, and the USDA’s $3 with the average American. Democrats President is going to approve this million worth of donated food are a and President Clinton have offered al- budget. And they cannot break the very wise investment in the future of ternatives that make better use of the promises that were made to working our youth. In this environment of bal- tax cut moneys and focus them on mid- families as part of this budget deal. anced budget negotiations, fiscal belt dle-income families. That was the commitment, that this tightening and even tax cuts, the Na- Mr. Speaker, over the weekend budget deal was going to balance the tional Youth Sports Program is a pro- Treasury Secretary Rubin released a budget and that the tax cuts were gram worth investing in and, I believe, report that better illustrates how the going to be mostly for working fami- worth expanding so we can provide the Republican proposals primarily benefit lies. And the Republicans have to live same opportunities to many more eco- wealthy individuals over the 10-year up to that commitment. So far they nomically disadvantaged and at-risk budget window. In addition, Secretary have not, but it is not too late, and I youth in the country. Rubin expressed serious concern re- am hopeful that we will work in that If we can find a way to provide garding the potential for the Repub- direction and that we can come to- money for an additional nine B–2 lican tax cuts to explode the deficit. gether on a plan that both balances the H4894 CONGRESSIONAL RECORD — HOUSE July 8, 1997 budget and, at the same time, pri- war illness. We do not know how many AMERICA NEEDS REAL WELFARE- marily helps working families. were even exposed. And as time goes TO-WORK PROGRAMS That is the only fair way to do it, Mr. by, more and more of those are show- The SPEAKER pro tempore. Under a Speaker. ing up with symptoms. According to previous order of the House, the gentle- f the Journal of the American Medical woman from Texas [Ms. JACKSON-LEE] Association, the symptoms are fatigue, VOLUNTEERS AND OUR TAX is recognized for 5 minutes. joint pain, gastrointestinal complaints, DOLLARS AT WORK (Ms. JACKSON-LEE asked and was memory loss, emotional changes, impo- given permission to revise and extend The SPEAKER pro tempore. Under a tence, and insomnia. This is just some her remarks.) previous order of the House, the gen- of what gulf war vets are living Ms. JACKSON-LEE. Mr. Speaker, I tleman from Kansas [Mr. TIAHRT] is through every day. And so far, we have think that what is expected of those of recognized for 5 minutes. not given priority to finding the cure us who are honored by service in the Mr. TIAHRT. Mr. Speaker, I believe for this, finding the cure for our serv- U.S. Congress is simply telling the that we are all aware that we need to icemen and women who served in the truth. balance the Federal budget, and the gulf war. Let me start by telling the truth reason it is no longer being argued is Thanks to people like Representative about the team who have guided the because the Republican Party heard Dan Thimesch, from the 93rd District Sojourner. Let me congratulate them the cries of the American public who of the Kansas House of Representa- for not only their initiative but their said we must balance the Federal budg- tives, he has brought this issue to my talent, their creativity, and for raising et. It really is common sense, but it attention and to the attention of the up science as not only an art and a has been a generation since we have entire State of Kansas, and made it a study but the work of the 21st century. balanced the budget. priority there that we address the Might I add my congratulations, as a For a long time the Democrats were needs of people who are suffering from Member of the House Committee on in control and they did not even con- this illness. Science, for the outstanding work that sider it, would not even consider a bal- When we establish these higher prior- has been done out in California on be- anced budget. The same with tax relief. ities, we need to shift money. When we half of this country and of the world. It was not considered until the Repub- are trying to get to balance the budget, We should never shy away from knowl- licans got control and took the cries of we have these priorities that we have edge. the American people to the floor of the so many efficient programs, so we need Now I think it is equally important House and made them heard, and now to take the money from inefficient pro- to address this whole question of tax- we are talking about how big the tax grams and move it to higher priorities ation, the deficit, and, yes, welfare re- relief should be and who should get it. like curing Gulf War illness. form. Interestingly enough, as my Re- b 1945 Americorp is one of those programs publican colleagues keep focusing on that is very inefficient. We all know the deficit, the deficit, the deficit, let And it is very clear that when you that it was designed as paid volunteers. me remind them that the revenue flow give $500 per child tax relief, that goes The problem that we are having in in June, according to the Wall Street to the most poor as well as those who Americorp is that we cannot keep peo- Journal, reflecting a continued healthy are making more. ple on the job. They sign up, start economy, could signal a deficit of $50 Now when we talk about capital drawing their pay, and then quit show- billion or less for fiscal year 1997. Hear gains, the IRS has told us that tax re- ing up to do their paid volunteer work. me clearly, $50 billion, less than a third lief in capital gains, 75 percent of the According to the Corporation of Na- of the original Government forecast, recipients will make less than $75,000. tional Service, the annual direct com- and a fifth of the peak $290.4 billion So there has been a lot of bad informa- pensation package for an Americorp deficit in 1992. tion about who is getting tax relief and volunteer is $15,900. Now, if this is an After the budget passed in 1993, on who is not. accurate figure, this is more than 42 the clock of the Clinton Administra- The Treasury Department is trying percent of what the young people with tion, that is why we now have only a to manipulate the numbers to push real jobs between the ages of 15 and 24 $50 billion deficit. That needs to be more people into the wealthy category make every year. made clear. Policies of a Democratic than actually exist there so they can Incidentally, the directors of the administration brought this deficit focus on bogus numbers. But the truth Americorp program do not even use the down. is, the Republican Party is going to word ‘‘volunteers.’’ They prefer to call What we have now, however, are all provide tax relief for middle-class peo- them ‘‘members,’’ because if you go to of the individuals who keep hollering ple, for working poor, for people who the dictionary and look up the defini- about a so-called deficit now trying to need the tax relief. Because people do tion of ‘‘volunteer,’’ you will see that cut those who are in need, particularly two things with their money once they there is nothing to do with pay. It is those who are moving from welfare to get tax relief. They either spend it or only when we get to a big government work. save it. Both are good for our economy. approach to volunteers that we decide Interestingly enough, as I went to an In an era when we are balancing the to pay them to do what 89 million vol- inner city district, my own, and asked budget and we have limited spending, I unteers do every year. those individuals on welfare and those think it is important that we take In Kansas we had an interesting situ- who are the working poor, all of us time to set national priorities. One of ation at the Cheney Reservoir. A dozen agreed collectively that welfare is not those national priorities that I think Americorp paid volunteers showed up the way to go, that there needed to be we need to set is the need for research to help clean up around the lake by re- reform. We opened our hearts and our for the gulf war illness that has quest of the Cheney Lake Association. minds to the issue of welfare reform. plagued tens of thousands of our serv- By the end of the first week, more than But let me cite for my colleagues the icemen and women. one half of the paid volunteers simply inequities of the Republican workfare We really do not know how many quit showing up for work. or welfare reform. Americans are affected by exposure to In Colorado, Americorp built hornos. Geneva Moore, a 45-year-old in New chemical warfare agents. Some 700,000 Hornos is a mud oven that was used by York. She indicates that she is happy men and women served America in the the residents of Colorado some 4,000 to work the 20 hours a week as she gulf war. According to the Department years ago to cook their food. But now cleans up a dusty and dirty back lot of of Defense, at least as a minimum, this mud oven is available to travelers the housing project, but she has a little 20,000 soldiers were exposed to a chemi- to stop by, collect some wood, cook dignity. And the question becomes, as cal agent at Khamisiyah, according to their food in this primitive oven. she cleans her shabby back lot of the the DOD. However, as many as 120,000 So Mr. Speaker, in conclusion, I Murphy consolidated public housing, is gulf war veterans may have been ex- would say that we need to establish how she gets treated and what kind of posed, according to the CIA. higher priority, eliminate Americorp, training she gets. The real truth is we have no idea how and shift the money to curing gulf war Well, my colleagues, she is learning many people are suffering from gulf illness. to sweep a lot. Are there a lot of jobs July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4895 for those who sweep a lot? I beg to ask QUESTIONABLE DECISION BY THE Army Corps of Engineers was expressed the question, and say no. First of all, CORPS OF ENGINEERS by a spokesperson who said recently, I there is a question of minimum wage. I The SPEAKER pro tempore. Under a quote spokesman Steve Wright of the am glad the Democrats have convinced previous order of the House, the gen- Huntington office, said, Republicans that those who work on tleman from Ohio [Mr. STRICKLAND] is Officials heard comments about the facili- welfare deserve the minimum wage. recognized for 5 minutes. ty’s effect on the environment, air quality But you know what she does not get, (Mr. STRICKLAND asked and was and noise factors and the aesthetics of where Mrs. Moore, who has three children? given permission to revise and extend this barge facility will be built. She does not get the opportunity to his remarks.) And then he said, and I quote, ask for a brace for her back when she Mr. STRICKLAND. Mr. Speaker, I The people in Chesapeake who have con- is lifting heavy trash cans, or boots come to the floor tonight to express a cerns about the aesthetics might want to and heavy gloves to protect her feet sentiment. The longer I live and the consider that they are on a super highway of and hands from broken glass, crack more I am involved in public life, the commerce. vials, and junkies’ needles. more convinced I become that the ordi- This attitude sickens me, Mr. Speak- Can she talk to a union organizer? Of nary citizen is at a great disadvantage er. course not. Can she get the dignity of when they come up against the heavy b 2000 a paycheck? Can she translate the hand of government or the all-powerful sweeping of the shabby lot into a real reach of a large corporation. It shows a callous disregard and in- job, which most Americans think Case in point: I represent many small sensitivity to American citizens who workfare will bring about? wonderful communities in southern have a right to believe that their gov- Moore and many others say that as Ohio. One of those communities is lo- ernment and the agencies of their gov- long as she is doing work other people cated on the banks of the beautiful ernment care about them and are will- are hired and paid to do, she should not Ohio River. It is a little village called ing to protect them. I believe the Army need to wait to be treated like a work- Chesapeake. In Chesapeake, OH, many Corps of Engineers needs a careful er with the kind of benefits and kind of citizens have chosen to build their look. Perhaps their decisionmaking health care that she needs. She says homes and to locate on the river be- process needs to be reevaluated. Per- clearly that these city maintenance cause they appreciate the community haps their funding needs to be reevalu- workers, in particular in New York, spirit and the quality of life there. ated, because any time a part of this they make $9 an hour. And while she A few months ago, a large corpora- government shows disregard for Amer- does not, she says some of those work- tion decided they wanted to establish a ican citizens, they have gone too far. ers drink coffee and remind her that barge fleeting facility directly across They may have won this battle, but I she pays for their welfare check, creat- the river from Chesapeake, OH; and, so, believe that the Army Corps of Engi- ing a two-tiered, second-class citizen- they approached the Army Corps of En- neers has damaged itself. It certainly ship when these so-called workfare in- gineers for a permit to do so. has damaged itself in the eyes of this dividuals work alongside of the regular Early on, the Congressman who pre- Member of Congress. I will never feel workers. ceded me in this office asked the Army as positive toward the Army Corps of What about Hattie Hargrove, who Corps of Engineers to demand and re- Engineers or have the kind of respect used to work? She used to work and get quire an environmental impact study that I have had in the past for the benefits, but yet she was laid off by the leading to a statement which would de- Army Corps of Engineers until they parks department of New York. She termine whether or not the citizens, change their mode of operation and put had to go on welfare because she could my constituents in Chesapeake, OH, the interests of ordinary American find no job. And what is she doing in would be damaged as a result of this citizens above the interests of large workfare now? Working in the city fleeting facility. corporations. parks department with no benefits, When I was elected, I also asked the f alongside of those individuals who Army Corps of Engineers to have an DEBT REDUCTION: WHERE WE themselves will be downsized and soon environmental impact study completed WERE, WHERE WE ARE, WHERE to be unemployed? before granting this permit. Nearly WE ARE GOING We need to fix the welfare-to-work 2,000 of my constituents signed a peti- system. First of all, we need to recog- tion to the Army Corps of Engineers. I The SPEAKER pro tempore (Mr. nize that we need the kind of jobs that met with the Army Corps in Hunting- COOKSEY). Under the Speaker’s an- will create opportunity for people to ton, WV. I met with the Assistant Sec- nounced policy of January 7, 1997, the move from welfare to work, jobs that retary of the Army in charge of civil gentleman from Wisconsin [Mr. NEU- they can be hired for. We also have to works in my office here in Washington. MANN] is recognized for 60 minutes as recognize that we should not disadvan- I simply asked that my constituents be the designee of the majority leader. tage low-income workers by protected. I said that if this permit was Mr. NEUMANN. Mr. Speaker, I rise attritioning them out and then putting granted, it ought not to be granted this evening to bring my colleagues in the work force people with no bene- until a study was done to make sure and the country as a whole up to speed fits, no ability to organize, no ability that all of the factors that should be on where we were, where we are now to understand and to be able to be pro- considered were considered. and where I hope we are going to in tected against sexual harassment and A few days ago, the headlines ap- this country. discrimination. We are not giving dig- peared in a local newspaper which said, I left a very good job in the private nity to these individuals who want to ‘‘Corps Approves Barge Facility.’’ And sector. I had no experience in public work, who want to be trained. although I had been told that all the life, I had no one I knew that was in The other question is, if we truly factors had been considered, I had been politics and I left the private sector, I want welfare-to-work, we need more told that the aesthetic factors, prop- left a very good business, because of child care, we need more moneys for erty values, safety issues, recreational this picture and this chart. transportation. And lastly, Mr. Speak- interference, water and air pollution, What this chart shows is the growing er, let me say that the way to reform that all of these factors had been con- debt facing the United States of Amer- welfare is not to give big corporations sidered, it is my judgment that they ica. This shows how much money our the ability to run welfare like some were not and that the Army Corps of Federal Government has borrowed on States want to do, giving large cor- Engineers disregarded hundreds, even behalf of the American people. It shows porations like Lockheed and others the thousands of my constituents in order a pretty flat line from 1960 to 1980. The ability to work welfare. And, lastly, we to support a large corporation. debt did not really grow very much need to make sure that we give them This troubles me greatly. There is from 1960 to 1980. But in 1980 forward, the right kind of training, Mr. Speaker, something wrong when ordinary citi- the debt has just grown right off the in order to ensure that they get the zens living in the small communities of chart. I would just point out to the right kind of jobs. Let us have real this country do not get a fair shake. folks that are watching this evening training and real welfare-to-work. And I think the real attitude of the that we are currently about here on H4896 CONGRESSIONAL RECORD — HOUSE July 8, 1997 this chart. It is a very serious problem to a balanced budget, but the balanced going at this, by talking a little bit facing our country, and it is why a lot budget never materialized. about where we were, where we are and of us came here in the class of 1994. It I would like to start with this chart where we are going. I think the gen- is now the sophomore class. For all the that shows the Gramm-Rudman-Hol- tleman is absolutely right. folks out there that are watching lings promises of 1985. This blue line I was home over the Fourth of July going, ‘‘1980, that’s the year Ronald shows the promises that were made by break. We were in about six parades, at Reagan took over,’’ they are blaming the Congresses then to get us to a bal- a lot of community festivals, including the Republicans for this, I say, ‘‘OK, I anced budget by 1991. The red line Spam Jam, had a wonderful time in am hearing you.’’ For all the people shows what actually happened. I em- Austin, MN, on Saturday, but in talk- out there that are saying, ‘‘Well, the phasize again this is the past. This is ing to a lot of folks, there is a good Democrats spent out of control in pre-1995. This is 1994 and before. The deal of cynicism. On one hand I think those years,’’ that is OK, I am hearing promise was made to balance the budg- they are very happy that they think that, too, because the parties have et. That is the blue line. The red line is that we are getting closer to a bal- been blaming each other for this prob- what actually happened. Deficits anced budget, but they have had their lem for the last 15 or 20 years. ballooned. hearts broken before. I personally think it is time we stop So in 1987 they figured out they were I want to show this chart, and I hope blaming each other and figure out what not going to be able to follow this path, people can see this, because what it we as Americans can do to solve this so they again promised the American shows is a history. Benjamin Franklin problem. The debt today stands at people they would balance the budget said, ‘‘I know no lamp by which to see about $5.3 trillion. The number looks and the blue line again shows the the future than that of the past.’’ The like this. I used to teach mathematics, Gramm-Rudman-Hollings fix, but again track record of Washington and the we used to do a lot of things with this we see the red line is what they actu- track record of Congress over the last number in our math classroom. $5.3 ally did, and the deficits exploded. 30 or 40 years has not been very good. trillion is the amount of money that The amazing thing to me is that the What this chart shows is between 1975 the Federal Government has borrowed people in this community cannot quite and 1995, the red lines show how much on behalf of the American people. Here figure out why the American people are Congress spent for every dollar that it is what we used to do in my classroom. so angry at Congress and at Washing- took in. What it really translates to on We used to divide that number by the ton. Here is the reason. Washington has average between those years of 1975 and number of people in the United States repeatedly made promises to the Amer- 1995, for every dollar that Congress of America to see how much it would ican people that they were going to took in, they spent $1.22. That is the be if each one were to pay off just their deal with this very serious problem, bad news and it is the truth. But if we share of the Federal debt. It turns out the growing national debt, and in the look at the blue lines, that is since the the Federal Government has borrowed past, and I emphasize in the past, they gentleman and I came to Congress. We $20,000 in behalf of every man, woman were not able to accomplish their goal. said that we are going to change the and child in the United States of Amer- So they made these promises back way Washington works, we are going to ica or for a family of five like mine, there in the late 1980s and the early make the Federal Government go on a they have borrowed $100,000. 1990s. In fact, the deficits ballooned diet, we are going to eliminate waste- Here is the kicker in this thing. The when they were supposed to be getting ful Washington spending, and we are interest alone, just the interest on that to zero. going to balance the people’s books. Federal debt, we really owe that money In 1993, Congress got together and I am happy to report that we are to individuals who buy T-bills, to for- they decided what they ought to do to making real progress. If we look at eign countries. We saw the Japanese bring these deficits down and they these blue lines, there are two things threaten to call their notes and the passed the largest tax increase in his- that I think are good news. First of all, stock market plunge here a couple of tory. Gasoline taxes went up, Social the amount that we spend in excess of weeks ago and I saw threats from the Security taxes went up, taxes on taxes what we take in is coming down dra- Chinese today that they were going to went up, all taxes went up. All the peo- matically, and frankly we are ahead of call in their notes. We actually owe ple paid more taxes with the idea that schedule. I think the gentleman may that money to people and we are pay- somehow if Washington took enough have another chart on that. ing interest on it. money out of the pockets of people and But if we look at it since we came to The interest alone for a family of five brought it out here to Washington, Washington, the average is about $1.075 on average is $580 a month. It is not all somehow that would lead us to a bal- as opposed to $1.22 over the last 20 in income tax. A lot of it they do not anced budget. years. So we are making progress, but really see. It is like when you walk When we start talking about and I think the American people have every into a store and you buy a loaf of thinking about the past, the people are reason to be cynical. But as Patrick bread, the store owner makes a small very cynical because they have re- Henry once said, ‘‘The price of liberty profit on that loaf of bread and part of ceived promise after promise that we is eternal vigilance.’’ The real critical that profit gets sent out here to Wash- get to a balanced budget, and then in path is that we stay on this path as we ington and gets applied toward this in- 1993 the people got together in this go forward. terest. When it is all over and done community, in Washington, and said The bad news is that if we had not with, an average family of five in the well, the only way we can get to a bal- made some serious changes in the way United States of America today is pay- anced budget is to raise taxes and they Washington works, if we had not been ing $580 a month in the interest on this passed the biggest tax increase in his- willing to make some changes both in Federal debt. tory. I emphasize again, this is the entitlements and in domestic discre- I would like to concentrate on what past. This is pre-1995, this is before the tionary spending, the truth of the mat- brought me here to Washington and Republicans took over in the House of ter is we were going to absolutely con- talk about the past, and the people out Representatives and in the Senate. sign our kids to a life of debt, depend- there are a little cynical as we talk This is the track record that had been ency and despair and a lower standard about some of these issues and for laid down. of living. For the first time a growing some reason they do not believe every- I would like to yield to the gen- number of Americans were saying that thing that they hear from Washington, tleman from Minnesota [Mr. they believed that their kids would ac- D.C., and rightly so. GUTKNECHT], who is also going to talk tually have a lower standard of living When I came to Washington, I was a little bit about the past and how gov- than they have enjoyed. That is just very frustrated because the people in ernment spending happened in the plain wrong. That is the essence of the Washington promised continually we past. American dream. The bad news is Con- were going to have a balanced budget. Mr. GUTKNECHT. I would like to gress had not done a very good job over Then they promised another balanced thank the gentleman from Wisconsin. I the last 40 years. We have not done ev- budget and they raised taxes. They did have a chart of my own I would like to erything right. I certainly do not want all of these things supposedly to get us show. I really like the way we are to say that we have not made some July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4897 pretty serious mistakes, but I think on blue column is the actual deficit. The before the Republicans took over. balance we are heading in the right di- first two columns here are 1996. That Spending at the Federal Government rection. We have eliminated something year is over and done with. level was going up by 5.2 percent. This like 289 Federal programs, we have The first year of our plan, we were blue column shows how fast it is going saved the taxpayers in excess of $50 bil- not only on track, but we were roughly up, and I would point out that this is lion, and thanks to that, there is more $50 billion ahead of schedule. Contrast not the draconian cuts that the other consumer confidence. It is not just con- that to those charts I had up here be- side would like you to believe are going sumers, but there is more confidence fore where they never hit the targets. on. Spending was going up by 5.2 per- on Main Street and on Wall Street and First year, on track, ahead of schedule. cent. It is now going up by 3.2 percent. in the business community. We are see- Year 2, 1997, this fiscal year is about to There are a lot of folks in this com- ing more investment, we are seeing end. This year we projected a deficit of munity, myself included, that would more jobs, and so we are taking in $174 billion. The actual is going to be, like to see this government spending more revenue. The real name of the we are now hearing, as low as $45 bil- go up by even less, but the point is it game, you cannot tax yourself to pros- lion. Again over $100 billion ahead of is still going up but it is going up at a perity. What we need is economic schedule. much slower rate than what it was growth. As a result of the growth that I think it is real important to note going up before. we have seen over the last couple of what happens. The government was Government spending has been cur- years, yes, the deficit is coming down projecting that it was going to borrow tailed. The growth of government dramatically, we are on the right path, out of the private sector $174 billion. spending has been curtailed to a point we are ahead of goal, we are under Instead, it borrowed $100 billion less, where we can both balance the budget budget and we have got to keep the $67 billion, and maybe even less than and reduce taxes on the American peo- pressure on to stay that way. that. What happens? When the Federal ple. That is the good news. Mr. NEUMANN. I would point out, Government did not go into the private And I just point out for those that the gentleman is kind of moving into sector to borrow that money, that are interested in the inflation-adjusted the present. I would just like to sum up meant the money stayed available in dollars, before the GOP took over in 1995 spending was going up at an infla- this picture of the past and then move the private sector. When the money tion-adjusted dollar increase of 1.8 per- forward into the present. When we sum was available in the private sector, cent. That has been reduced by two- up this picture of the past, I just keep that meant the interest rates stayed thirds in the GOP plan. coming back to this chart and I just down and when the interest rates keep thinking of these promises. This So we have effectively curtailed the stayed down, of course, people bought growth of government spending, not is where the deficit was going to get to more houses and cars, and when people zero in 1991, the Gramm–Rudman-Hol- the draconian cuts that they would bought more houses and cars, of like us to believe, but curtailed the lings promise of 1985 and this is what course, that was job opportunities. So actually happened. The deficits ex- growth of government spending to a they left the welfare rolls and went to point where when we look at charts ploded. Then they made a new series of work and this is what has led to the promises to the American people. like these we see that we are not only strong economy that we have right hitting our targets but we are ahead of Again the deficits exploded. now today. The past is not a very good track schedule, and we are now able to con- We are now going into the third year. tinue hitting our targets and remain record of keeping their commitment to This is what we are spending our time the American people. So in 1993 what ahead of schedule while at the same on out here in Washington right now. time reducing taxes on the American happened, biggest tax increase in We are in the third year of this 7-year American history. I think it is real im- people. plan to balance the Federal budget. And maybe we should throw it open portant to point out that that tax in- The facts are in the third year, once to a little bit of discussion about these crease passed in the House of Rep- again we will be ahead of schedule, tax cuts. It is real important when we resentatives by a single, solitary vote. ahead of what was promised back there talk about the tax cuts that we realize Lots of people in this community knew in 1995, a strong contrast between the we are still on track to our balanced that raising taxes, taking more money broken promises of the late 1980’s and budget, we are not breaking the agree- out of the pockets of the American peo- early 1990’s and what is going on now, ments like they did in the past. We are ple was not the right way to deal with where we are not only hitting our tar- certainly not raising the taxes like this problem. It went over to the Sen- gets but we are actually ahead of they did in 1993. In fact, we are on ate and in the Senate that 1993 tax in- schedule. It is a very, very different track to a balanced budget and reduc- crease passed by a single, solitary vote Washington from what was here before ing the taxes at the same time. again, and we got the biggest tax in- 1995. And here in this discussion about the crease in American history as their I will go a step further. I think we present, let us just pause a little bit plan as to how we could get this under also need to contrast the tax increases and talk about the tax reductions for control. of 1993, the other side’s solution to this the American people, letting the people That brings us kind of to the present. problem, with how we have gone about keep more of their own money. The present I am going to define as solving the problem. The other side Mr. GUTKNECHT. If the gentleman from 1995 to now. I am going to define said the only way we can hit these tar- would yield, let me go back to a couple it as the time when the Republicans gets, the only way we can get to a bal- of points, because again we understand took over out here and look at just ex- anced budget and reduce the deficit is why the American people are cynical. actly how different it has been from be- to take more money out of the pockets They should be cynical. But let us just fore, from this picture of the past to of the people and bring it out here to talk about a couple of numbers, and I what has been going on in the last 3 Washington. think you were the first one to really years. A lot of folks do not remember discover this, and in fact I think we b 2015 that in 1995, when the Republicans took should also point out that I think all of over, we laid down a plan to balance When the Republicans took over we your charts have been verified by the the Federal budget, too. Our plan was a said, ‘‘No, no, that’s not how we’re Congressional Budget Office. I mean 7-year plan to balance the Federal going to do it. We’re going to curtail you did not make these numbers up. budget. We are currently in the third the growth of government spending. If Those are the actual numbers, and the year of our 7-year plan, and I think it we curtail the growth of government Congressional Budget Office is the non- is more than fair for the American peo- spending, government doesn’t spend as partisan, bipartisan group which is in ple to look at our projections and see much, we should be able to get to a bal- effect the official scorekeeper for Con- whether or not we have kept our word anced budget without raising taxes.’’ gress. to them. So I brought a chart, and this And in fact that is exactly what has So when we talk about budget num- chart shows what the projected deficit happened. bers, when we talk about limiting the was, that is the red column, that was This red column shows the average growth of Federal spending to 3.2 per- what was in our plan back in 1995. The growth of spending in the last 7 years cent, that is what the Congressional H4898 CONGRESSIONAL RECORD — HOUSE July 8, 1997 Budget Office says. And more impor- pendent on the welfare system in And I have often said this, and I real- tantly, another point that is many America today. That is an enormous ly believe this, that a job is more than times demagogued is that we are mak- victory, and I do not care if the Presi- the way you earn your living. A job ing these huge cuts. The truth of the dent takes credit, I do not care if the helps to define your very life. It is matter is Federal spending is still Republican Congress takes credit, and I about a sense of self worth. And what growing at faster than the inflation really think the American people we are giving to over a million families rate. should take credit. But that is an enor- today is something they did not have a And what we said, I know when I first mous victory, and again it is not about year ago, and that is a job, a future, ran I said we could balance the budget saving money, it is about saving people real hope and real opportunity. if we would simply limit the growth of and it is about saving families and it is And if I could I want to share one Federal spending to slightly more than about saving children from one more more story, I know that you go to the inflation rate, and still allow for generation of dependency and despair. schools often, as well as I do. I often go those legitimate needs of the people Mr. NEUMANN. If the gentleman to schools, I read to kids, I listen to who depend on the Federal Government would yield one second on the welfare kids, and we can learn a lot sometimes and our legitimate needs for national issue, I was in a place in Kenosha from kids. And I was at a school a few defense and so forth. We can do all that where it was kind of a one-stop help months ago in my district, and one of and make room for a modest amount of find job and get them off the welfare the teachers, after the kids went home, tax relief for working families, and rolls all at the same time, Kenosha, we were meeting with the teachers. We that is exactly what we are doing. Wisconsin, and it was one of the most were talking about welfare and what it But you are the first one to really exciting conversations I have had in a has done to families and what it was discover how much a difference we long time, and it illustrates what you doing in their particular school, and have actually made because, as you re- are saying. When people are on welfare actually she was quite congratulatory. call, back in 1995 we said that in fiscal they are depending on the Government She said, ‘‘I think you guys are doing year 1997, which we are in right now, for their raise, they are depending on the right thing about welfare reform,’’ this Congress would spend $1,624 bil- the Government for everything they and she said, ‘‘I’d like to tell you a lion. Well that, you know, is what we get. story. There was one of my students In this place they were taking me said 2 years ago, and that was legiti- who came in. He has just started acting around, they were showing me how mate, and I think those were honest better.’’ His behavior was better, he people left welfare and got their first numbers. The truth of the matter is was carrying himself better, every- job. But they did not talk to them just this Congress is going to spend $1,622 thing about him was better. His deport- about their first job after they leave billion. We are actually going to spend ment was better, his studies were bet- welfare. They were showing them their less money in this fiscal year than we ter, his grades were better. So finally second and third and fourth job, they said we were going to spend 2 years the teacher said, ‘‘You know, Johnnie, were all the way down the line to ago. is there something different at your where their fourth job would be and Now I would ask my colleagues and house?’’ how much money they could earn as anyone else who may be watching this And Johnnie said, ‘‘Yeah, my dad got special order to ask themselves when is they move through this process. In other words, if they were willing a job.’’ the last time that Congress actually I mean it has an effect on families, to take responsibility for themselves spent less than it said it was going to and so by getting the economy moving and work hard, they could actually get stronger, by increasing consumer con- spend. I cannot remember a time in my ahead in America. That is what made fidence, by getting Americans to be- lifetime when that has actually hap- this Nation great, and it provides hope lieve once again that Congress can bal- pened. and opportunity for their families to You also mentioned something else live a better life than they thought ance the budget, that we can live with- that I think we need to really empha- they could. Well, they had only the in our means and we can allow Ameri- size because I think the American peo- government to rely on. What a wonder- cans to keep and spend more of what ple understand this, and frankly I had ful statement as we look at welfare re- they earn, we have done a lot more a very interesting meeting yesterday form, to look at an organization that is than just balance the budget. It is in my office with a gentleman who is showing people not only their first job, about helping families to really have very closely affiliated not only with but what the potential is as they im- more hope in their futures. our welfare system but with many peo- prove their lives and the lives of their Mr. NEUMANN. I think again we ple who are on the system, and I do not family, looking at their second job and should emphasize that we are now talk- want to disclose his name because their third and their fourth job oppor- ing about the present, what has hap- some of the things he said were very, tunities and how that improved life- pened from 1995 to 1997 and how things very intriguing. style can make things so much better are different, and certainly the concept And I think the American people for their families. of able-bodied welfare recipients leav- have been way out in front of this That is what welfare reform is about. ing the welfare rolls and going to work whole welfare reform debate for a long Mr. GUTKNECHT. And frankly that so they have hope and opportunity in time because they know that if you en- is what many of our colleagues were their life is certainly significant. I courage people to become dependent, talking about for a number of years be- think it is important that we continue unfortunately what you do is you make fore we came here. They were talking to contrast the present to the past, to people even more dependent, and the about moving away from the welfare show how different it is now, in 1995 to tragedy of our welfare system has not state and to an opportunity society, 1997 through the present, to what it been that it has cost too much money, and we are making real progress in was before. although that certainly has been a by- that direction. And remember the Gramm–Rudman- product. The real tragedy of the wel- In fact, in meeting with particularly Hollings broken promises of a balanced fare system that we have in this coun- small business employers in my dis- budget versus now, where we are not try was that it destroyed peoples’ ini- trict, the biggest problem that I hear only on track but ahead of schedule in tiative and it destroyed families, it un- at virtually every stop is we cannot our third year of our plan to balance dermined work and it undermined per- find people. We have; in fact I have had the budget. And the tax increases of sonal responsibility. a number of businesses say we turn 1993, biggest tax increase in American Well, the good news about not only away business, we simply do not have history, passed in this institution by a our budget but our welfare reform plan enough good people to get the product single vote, went over the Senate in which requires work, requires personal out the door or to get the job done so 1993; again it passed the Senate by a responsibility, encourages families to we are turning away business, and is single vote. Taxes went up, the gaso- stay together; well, the President went that not a wonderful problem to have? line tax, social security tax. on the radio the other day, and he said And that people with modest amounts I would like to just point out as we by his own admission there are over a of skill now are able to get out there to talk about these families and we think million families that are no longer de- become self-sufficient. about our families out there, that not July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4899 only are we in the third year of a 7- out of that $10,000 profit. Now you only tern. The gentleman almost quoted a year plan to balance the Federal budg- send them $2,000, you keep the extra good old farm fellow in my district who et and on track and ahead of schedule, $800 in your own house, in your own said it so clearly. He said, the problem we are also about to pass one of the pocket. is not that we do not send enough biggest tax cuts, at least in the last 16 That is what these tax cuts are money in to Washington. The problem years and maybe ever, and we are doing about. They are about the American is that Congress spends it faster than that at the same time that we are bal- people keeping more of their own we can send it in. ancing the budget. These tax cuts are money in their pockets instead of send- So raising taxes to try to balance the very real. ing it to Washington. budget has never worked. What really And you know I hear all the I would add one other thing to this, has to happen is we have to limit the demagoguing out in this city, and they that the death tax is being reformed so growth in spending, allow spending to try to muddy the waters to a point that the estates that are being passed increase but at a much slower rate, and where nobody seems to understand. on from one generation to another are we cannot only balance the budget But you know what? I found out in not being taxed again when someone then but we can actually allow Amer- Wisconsin they do understand. dies, and that is very, very important ican families to keep more of what A family of five that I see in church as we look at what these tax cuts are they earn. every Sunday, they got 3 kids, one really all about. Mr. NEUMANN. There is a big danger headed off to college and 2 kids still at I see my good friend the gentleman in this chart. This is where some of our home. They are middle income folks, from Florida [Mr. WELDON], has joined conservative friends look at this and probably earning between $40,000 and us. they see that Government spending is $50,000 a year. They understand what Mr. WELDON of Florida. I thank the still increasing faster than the rate of these tax cuts mean. They know that gentleman for yielding, and I want to inflation. They look at this chart and for each one of the kids that are still at thank you in particular for the hard say, why is Government spending still home they are going to get $500 back to work you do here on this budget issue. increasing faster than the rate of infla- put into an account. I think you have clearly stood out in tion? I personally agree with them. I And it was real interesting. I was our class as somebody who has worked would much prefer to see this even having a conversation with the parent, very, very aggressively to rein in the smaller than what it is. and she said, ‘‘When I get that $500 it deficit monster. But there has been a huge change in goes immediately into an account to And I was sitting over in my office, the growth of Government spending pay for their college,’’ and that is what and let me just add, by the way, that from what was here before and what is this is all about. They sure understand the gentleman from Minnesota [Mr. here now. It is this curtailing the that they are going to get their $500- GUTKNECHT] as well has been doing a growth of Government spending that per-child tax cut. super job fighting for—and you know has allowed us to be in the third year And they also understand, the one this is not just a fight for us. This is a of our 7-year plan to balance the budg- that is off at college, the one that fight for the working people all across et and be ahead of schedule, and now be started college, they are going to get America, working families who have able to come out to the American peo- $1,500 to help pay the tuition at that trouble making ends meet, who do not ple and say, look, the budget is going college. know how they are going to pay for the to be balanced in 2000, maybe even in Now their son happens to be headed braces, who do not know how they are 1999, and we are going to reduce taxes. to the same college I think my daugh- going to pay for college when, you Mr. WELDON of Florida. Mr. Speak- ter is headed to, so we sure understand know, the little girl and the little boy er, if the gentleman will continue to about the cost of going to college. This who is getting big gets to that college yield, I think a lot of this gets right at family of 5, they may not have under- age. How are they going to do it? the issue of what is right and what is stood all this demagoguing that is fair. I rose on this floor over an hour b 2030 going on out here, but they understood ago and I was talking about the Presi- the idea that they were going to keep This is not about numbers. This is dent’s criticism of our decision to a thousand dollars, $500 for each of the about families. This is about how index capital gains to inflation. He is kids at home, and get $1,500 help to pay American families are going to make going around saying that is going to for college; they understood that very, ends meet. explode the deficit. very well. I want to thank both of the gentle- I just take real offense at him saying So when all the demagoguing is done men. I was sitting over in my office, that, and some of his staff saying that, out here in this city and the people ac- and I was watching the charts they because the problem was created by too tually see the money coming back or, were displaying and the way they were much spending. The charts that the better yet, it is their money, they get explaining all of this. I wanted to come gentlemen have put forward make that to keep their own money; when they over here and just join in. I just want very, very clear. The issue of indexing see that actually happening, they are to ask a question if I can, I would say capital gains to inflation is a very sim- going to understand perfectly well that to the gentleman from Wisconsin [Mr. ple one. If you are a working man and it is not about the demagoguing. It is NEUMANN]. you manage to set aside $1,000 for an about them keeping more of their own That chart that is on the floor there, investment, let us say it is for your hard-earned money instead of sending if we could just put that up, I have a children’s college, you have an 8-year- it to Washington. It is about them question about that. Mr. Speaker, I old, and in 10 years they are going to knowing better how to spend their own would ask the gentleman, is he saying be in college and that doubles in value money than the people in Washington, that spending prior to our arrival in to $2,000. But if inflation has been such and that is what these tax cuts are January 1995, when the 104th Congress that it has really only gone up about about. got sworn in, when all three of us ar- $500 in value, we say you pay capital Capital gains, we started talking to rived, spending was increasing here at gains on that $500. Bill Clinton wants some folks that had invested in some almost 2 percentage points ahead of the you to pay capital gains on the whole real estate, and they are thinking of inflation rate? $1,000 increase in your investment. In selling the real estate, and some people Mr. NEUMANN. Yes. Yes. Spending effect you are paying capital gains that had pension funds, and virtually was growing much more rapidly than taxes to Washington, DC, on inflation. every American has some sort of a pen- inflation, almost twice as fast as the I just think that is dead wrong and it sion fund. When they cash in the pen- rate of inflation. is an issue of fundamental fairness. sion funds, the capital gains reduction Mr. GUTKNECHT. Mr. Speaker, if Likewise, it is just wrong and unfair kicks in. the gentleman will continue to yield, for elected officials to come up here to Before, if you would have made a in the last 20 years Government spend- Washington and to vote over and over $10,000 profit on your pension fund over ing at the Federal level has increased again to increase spending and then a 15- or 20-year period of time, you to nearly double that of the national throw up their hands and say we have would have sent the Government $2,800 inflation rate. That had been the pat- to raise taxes to balance the budget. H4900 CONGRESSIONAL RECORD — HOUSE July 8, 1997 Mr. NEUMANN. That is the past. saying that, the Congressional Budget Do not take our word for it. We ought That is 1993 that we were talking Office is not saying that. to have a work sheet, whether it is on about, where they did literally throw Mr. GUTKNECHT. Not even the IRS a web site so people who have access up their hands and pass the biggest tax says this. Only the Treasury Depart- could do that, or an actual written increase in history. I would just add, as ment uses this convoluted system work sheet so people can calculate we are discussing what President Clin- called imputed income. their own tax. It is not what it might ton is throwing out here in these tax Frankly, I have to say, and I think I be worth to somebody else, but what is cuts, the other big argument going on am a fairly well educated person, I was it worth to the average family in the here in the community is, if a person is in politics before I came here, I had gentleman’s district? To the average not paying any taxes today, can they never heard the term ‘‘imputed in- family in my district it is worth over receive a tax cut. come’’ before I came to Congress. $1,000 a year. In Wisconsin people start laughing It is worse than just the $30,000 exam- Mr. WELDON of Florida. Mr. Speak- when I ask that question. Of course, if ple. What they have done is taken a er, if the gentleman will continue to you are not paying any taxes today you family at $44,000, they have assumed yield, that gets back to what I was cannot receive a tax cut. But that is they could rent their house for $1,000 a talking about before. This is not about the other big argument in whether or year, which adds $12,000 to that income, numbers. We tend to spend a lot of not this tax cut package passes. If a brings them up to $36,000, and then time here in Washington throwing person is paying no taxes today, the they assume someone in that income around numbers, but this is really other side wants to give them a tax bracket would probably have at least a about moms and dads in Minnesota, in cut. It is not really a tax cut; what $20,000 capital gain. Wisconsin, in Florida, where I come they want to do is send them a check, So they take someone who has ap- from, having more money to buy which actually becomes welfare. proximately the median family income clothes, to buy braces, to set aside for So the other big argument, it is the in the United States, and all of a sud- college education. indexing argument the gentleman men- den they have imputed them into the One of the points that I really want tioned, and the argument about wheth- wealthy category, making more than to stress is we, the Republicans in the er or not a person who is not paying $75,000 a year. It is one of the most con- House of Representatives and in the taxes should receive a tax cut. Most of voluted, crazy things I have ever heard Senate, are delivering on a Clinton our hard-working families that are in my life, and yet only here in Wash- campaign promise of 1992 to provide a paying taxes think it would be unfair ington can a crazy idea like that have middle class tax cut. for people not paying taxes to receive a any credence. One of the things that motivated me tax cut. It comes back to this fairness Mr. WELDON of Florida. Mr. Speak- to run for Congress back in 1994 was issue. er, if the gentleman will yield further, that Bill Clinton had campaigned on Mr. WELDON of Florida. Mr. Speak- only at 1600 Pennsylvania Avenue does ending welfare as we know it, and then er, if the gentleman will continue to that have any credence, because I be- just did not follow through on that. He yield again, I am aware that the Presi- lieve people like the gentleman from campaigned on a middle class tax cut dent wants to do that. He wants to give Ohio, Mr. JOHN KASICH, and the gen- and he raised taxes. Of course, it did the $500 per child tax credit that is in tleman from Texas, Mr. BILL ARCHER, take us to pass welfare reform, and our bill to people who do not pay taxes, do not use these kinds of convoluted now we are following through on an- so it essentially amounts to $500 per figures. other Clinton campaign promise, to child. We can call it a welfare check, Mr. GUTKNECHT. We actually had provide that middle class tax cut. Our we can just call it benevolence, but some Members of this Congress come tax cut is a middle class tax cut. this is somebody who is not paying any before the House not too long ago and What boggles my mind is to have taxes, no Federal withholding at all. say, in effect, with those numbers, that Members on the other side of the aisle He wants to turn around and give them our tax cut was targeted at the rich. get up day after day and tell us that, if the $500 per child tax credit. Mr. WELDON of Florida. If the gen- we would just let them do the tax cut, I agree with the gentleman that the tleman will continue to yield, does he that they would do a better tax cut. $500 per child tax credit should go to mean Members of the House of Rep- These are the people who raised taxes people who are paying taxes. It should resentatives? in 1993, who did not want to cut taxes not be turned into a welfare program. Mr. GUTKNECHT. Yes, colleagues of in 1993, or 1994, or 1995, or 1992, or 1991. One of the other things that is really ours from States the gentleman would They want to increase spending, and bothering me about what the White recognize. increase spending, and raise taxes, and House is doing is they are doing some Mr. NEUMANN. On the other side of raise taxes. very, very strange calculations on peo- the aisle, I might add. I think that is For them now to come before this ple’s income. They are doing something real important. body, to come before the American that totally boggles my mind, where if Mr. GUTKNECHT. The IRS does not people straight-faced and look us in the you have a house and you have a fam- use that. Frankly, in all of this discus- eye and say their tax cut would be a ily income of $30,000 a year, but if you sion, and the gentleman from Wiscon- better tax cut, or their tax cut would lived on the street and you rented your sin [Mr. NEUMANN] and I were talking, really, truly be a middle class tax cut, house out for $500 a month, then they earlier, frankly, what we need to do is to me is absolutely amazing. do $500 times 12 and they get $6,000 and get, and I think the Senate Finance It is the Republican Congress, the they say, really, your family income is Committee already has an electronic Republican Senate, and yes, we have $36,000. work sheet on a web site and we hope been working with the administration Mr. NEUMANN. Could the gentleman to have it on a web site very, very on this, and this is a cooperative effort go through that once more? I want to soon, and we will have work sheets and he is agreeing to go along with us, make sure I understand it. If a family available, and perhaps by the next time it is a Republican initiative to finally is earning $30,000 a year and they are we have a special order we can have a deliver on the Republican promise of living in this house, the Government chart made up so average American 1994 and the Clinton promise of 1992 to does not say you are earning $30,000 a families can calculate for themselves; provide a middle class tax cut. year. The Government, under the Clin- do not take my word for it, do not take Mr. NEUMANN. Mr. Speaker, it is ton administration, is saying that if the Treasury Department’s word for it, true, everything the gentleman is say- they lived in a tent in the backyard calculate it for yourself. ing. But I think the most important and rented the house out and then col- I will give a classic example. The outcome here is that it is good for the lected $500 a month, or $6,000 for a year, same story. I came home a couple of American people. That is what this is they are going to say that they have to weeks ago, there was a family going to all about. The gentleman has gone count that rent toward their income? a garage sale, they had three kids. back and hit on those past things. I Mr. WELDON of Florida. Let me just That is $1,500 more they would have to think it is important. clarify, OK? It is not the Government spend. Those kids, when they go to col- We remember the broken promises, in the sense that the Congress is not lege, it can be up to $1,500. where Gramm–Rudman-Hollings is July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4901 going to get us to a balanced budget, it could drop dramatically from what is where we are supposed to get the and it did not happen; in 1993 where the economic growth rate has been for money to make good on payments to they said they were going to cut taxes the last year, we will balance the budg- seniors. but instead they gave us the biggest et on our current path not in the year The problem is, the money has not tax increase in history. And I think it 2002, not in the year 2001. I believe, and been going into that savings account. is very important we contrast that to I think the gentleman from Wisconsin It has been spent on other Government the present, and we look at the fact [Mr. NEUMANN] will probably agree programs. In fact, that trust fund, that that we are fulfilling our campaign with me, we are going to balance the Social Security trust fund, is now all promises for 1994. We are actually budget by the year 2000. part of this $5.3 trillion debt. So under doing what we told the American peo- b 2045 the National Debt Repayment Act, we ple we would. create the surplus after we have I would like to kind of wrap up the Frankly, it may even be 1999. I want reached a balanced budget, two-thirds discussion of the present and turn our to come back to one of the points you goes to repay the debt and, as we are focus to the future with this chart. made. You said this is not just about repaying the Federal debt, we are also This chart shows when we came here numbers. We talk about 12.3 percent putting the money back into the Social what the deficit stream was projected and 174 billion. It flies past most Amer- Security trust fund. And we pay off the to be. Deficits were headed up over $300 icans like a Nolan Ryan fast ball. It is debt in its entirety so we can give this billion. If we had come here and played about people, but more important, I Nation to our children debt free. In- golf and basketball instead of doing our think what we are doing really is all stead of them sending $580 a month out job, this is where the deficit line would about preserving the American dream here to do nothing but pay interest on have gone. Twelve months in the yel- for our kids. What kind of a country the Federal debt, they can keep that in low line shows how much progress was are we going to give to our kids? That their own home in their own family made. The green line shows our hope to is why it is important that we talk a and decide how best to spend their own balance the Federal budget. This is our lot tonight about the National Debt money rather than sending it out here Republican plan laid into place in 1995 Repayment Act. You have spent an to Washington, DC. to balance the Federal budget. awful lot of time on this. You have an Mr. WELDON of Florida. Mr. Speak- Mr. GUTKNECHT. That was the awful lot of cosponsors. That is where er, if the gentleman will continue to original 7-year plan. we are really headed in the future. yield, as I understand it, we are paying Mr. NEUMANN. The original 7-year That is why it is important. out about $340 billion to pay interest plan to balance the Federal budget. We I wonder if you would share about the on that debt. So with your legislation, were to get to zero in the year 2002. We National Debt Repayment Act. which I am a cosponsor of, not only are now in the third year, and it is im- Mr. NEUMANN. Mr. Speaker, I put would we be able to pay off the na- portant to note that the deficit is sig- another chart up here because I think tional debt and take that burden off of nificantly under those projections. We it is important that we recognize the our kids and the future of our children are in the third year of a 7-year plan to differences between the past and the and not only would we be able to pro- balance the Federal budget and we are present, but we also realize that once vide more tax relief for working fami- not only on track, but we are signifi- we get to a balanced budget we still lies, but we would no longer be paying cantly ahead of schedule. It is very, have this $5.3 trillion debt. That debt is these $300 billion a year interest pay- very important to note the contrast be- going to be passed on to our children if ments; is that correct? tween what was here before and what is we do not do something about. Mr. NEUMANN. That is correct. For happening now. We are laying down That brings us to the future. That a family of five, that translates into this track record so the American peo- brings us to, after we balance the budg- $580 a month to do nothing but pay in- ple can once again have some faith in et, then what? The answer to that terest on the Federal debt. this institution. question is the National Debt Repay- Mr. WELDON of Florida. In effect it Mr. WELDON of Florida. If the gen- ment Act. The National Debt Repay- is a win/win situation that taxpayers tleman will continue to yield for a ment Act does this. After we reach a would get to keep more of their hard- question, Mr. Speaker, I want to look balanced budget, it caps the growth of earned money and we would pay off the to the future. As the gentleman knows, government spending at a rate 1 per- debt and we would not have these big I represent an area of Florida that in- cent below the rate of revenue growth. interest payments. And we would actu- cludes the Kennedy Space Center, an It caps, after we reach a balanced budg- ally have more money within the Fed- area that has always had its eyes look- et, it caps the growth of government eral budget to pay for roads, for exam- ing to the future. spending 1 percent below the rate of ple, or say maybe a manned mission to The question I have for the gen- revenue growth. So if spending goes up Mars, for example? tleman is, I believe if we remain com- by 4 percent, revenue goes up by 5, that Mr. NEUMANN. And do not forget mitted to our principles that that creates a small surplus. That surplus is the other part of that, that is that the black line that is showing there will then used one-third to further reduce Social Security trust fund is restored. come down to the zero mark and we taxes and two-thirds to pay down the It is so important to look at this be- will have the budget balanced. If we national debt. cause if the money is not in the Social stay true to our principles and hold the So we create the surplus by capping Security trust fund, Social Security is line on spending, we will actually start the growth of government spending. We bankrupt in the year 2012. So it also showing a very small surplus. Is that take one-third of the surplus, let the solves the Social Security problem at not correct? people keep more of their own money, least through the year 2029. Mr. NEUMANN. That is absolutely additional tax cuts, two-thirds goes to Mr. WELDON of Florida. I am really correct. I think the gentleman is com- repay the national debt. If we do that, glad you brought this issue up, the Na- ing to the significant question here of, by the year 2026 the entire Federal debt tional Debt Repayment Act, because after we balance the budget, then will be repaid in its entirety and we that was one of the reasons I came over what? Is our job done? can pass this Nation on to our children to join you and Mr. GUTKNECHT. I want Mr. WELDON of Florida. That was debt free. to thank you for allowing me to join the question I wanted to ask the gen- In doing so, when we repay the na- you in this conversation. I think it has tleman. Go ahead. tional debt, we are also putting the been very informative. Mr. GUTKNECHT. If both Members money back into the Social Security Mr. GUTKNECHT. Mr. Speaker, I will yield for a second, the gentleman trust fund that has been taken out. just want to talk a little bit about the from Wisconsin [Mr. NEUMANN] and I Every year the Social Security system National Debt Repayment Act. A lot of both serve on the Committee on the collects more than it pays back out to people I think are going to look at this Budget. We actually have gotten the seniors in benefits. The idea is, we are and some of our critics on the other CBO and others to run some numbers. supposed to be building this savings ac- side of the aisle will say this cannot If our economic growth rate remains count, a savings account that, when we happen. I want to remind them, these even close to the level it is at, in fact, do not have enough money coming in, are the same Members who said we H4902 CONGRESSIONAL RECORD — HOUSE July 8, 1997 cannot balance the budget, we cannot anything else we have. During the late present, the future after we get to a reform welfare, we cannot reform Med- 1980’s and early 1990’s, the American balanced budget, we have still got a icare, we cannot reform the Medicaid people were promised a balanced budg- $5.3 trillion debt. system. We cannot do all of that and et. This blue line shows how it was sup- The National Debt Repayment Act, balance the budget and provide tax re- posed to work. Deficits exploded. In after we reach a balanced budget, will lief. And yet we are proving that it can fact we did not follow the blue line. cap the growth of spending at a rate 1 be done. They never hit their targets. They percent lower than the rate of revenue And what the National Debt Repay- said, in 1987, we will fix that. And they growth. By doing that, we can then cre- ment Act shows is that by again just gave the American people another ate a surplus. With that surplus, two- limiting the growth modestly of Fed- whole series of promises, and they thirds goes to reducing the Federal eral spending, and I think I am correct never hit that target either. The Amer- debt, one-third goes to additional tax in this, Federal spending under the Na- ican people got cynical. cuts. We can pay off the entire Federal tional Debt Repayment Act will still In 1993, they looked at this picture debt under this plan by the year 2026 continue to increase. We are not talk- and they said, well, we sure cannot cur- and pass this great Nation of ours on to ing about pulling the rug out from sen- tail the growth of government spend- our children completely debt free. So ior citizens and people who need legiti- ing. The only thing we can do to get instead of having to send $580 a month mate services from the Federal Gov- this under control is to reach into the to pay interest on the Federal debt, our ernment. Spending will still go up. pockets of the American people and families can, in the year 2026, just keep Mr. NEUMANN. Faster than what I collect more taxes. So in 1993, by a sin- that money in their own home, put it would like, I might add. But abso- gle vote in the House of Representa- away to save for their kids’ college or lutely. Spending would still go up and tives and a single vote in the Senate, send them to a better school or buy a could go up faster than the rate of in- they passed the biggest tax increase in better house or better car, whatever flation. It is important to remember American history and they thought they see fit, but not send the money that revenues to the Federal Govern- that was the only way to reduce the out here to Washington. The National Debt Repayment Act ment grow because of real growth in deficit. The American people responded then, the future, caps the growth of the economy but also because of infla- in 1994 and said we have had enough of government spending at a rate 1 per- tion. So it is really kind of two things this. We do not like those broken cent below the rate of revenue growth. happening simultaneously. Revenues, promises. We do not think you need Takes two-thirds of the surplus and in fact, increase. more of our money. You are already uses it to repay debt and the other one- Mr. GUTKNECHT. Show that chart. I getting enough of our money out there third to reduce taxes even further. And think people are astonished when peo- in Washington. They sent a whole new as we are paying off the Federal debt, ple see the numbers, the average Fed- group of people out here and the GOP it is important to remember that also eral revenue growth over the last 17 took over control of Congress. will restore the Social Security trust years. We are now in the third year under fund money. All the money that has Mr. NEUMANN. The average increase Republican control of Congress. In the been taken out would be returned to in revenue to the Federal Government third year of our plan to balance the the Social Security trust fund under over the last 3 years was 7.3 percent. budget, the contrast is so stark. The the National Debt Repayment Act. Inflation is only 21⁄2, 3 percent. So it is first year of our plan we promised a That is a vision. going up at over twice the rate of infla- deficit, of our 7-year plan, we promised That is what this is all about. Broken tion. Revenue to the Federal govern- a deficit of $154 billion. It was actually promises of the past, the tax increases ment. This is the amount of money 107. First year on track, ahead of of the past, those are days gone by. The that came in this year compared to schedule. Second year Republican con- American people rejected those ideas last year; 5-year average, 7.3 percent trol, second year of our 7-year plan to in 1994. In 1995, through the present, we increase; 10-year average, 6.2; 17-year, balance the Federal budget, we prom- are now in a situation where we are in bottom line revenue to the Federal ised a deficit not greater than 174. The the third year of a 7-year plan to bal- Government has been growing at a deficit was 67. Second year on track, ance the budget. We are on track and very significant rate over the last 17 ahead of schedule. Third year is what ahead of schedule. We are letting the years. It has not been revenue that is we are debating right now, deficit American people keep more of their the problem. The problem has been promise of 139, it will be under 90. own money. It has been done by cur- spending that is out of control. This Third year of a 7-year plan on track tailing the growth of government chart also shows that the budget agree- and ahead of schedule. spending as opposed to raising taxes on ment that we signed, a lot of people Notice the stark contrast. Not only the people. The future holds very said it was pie in the sky, it was not. are we on track and ahead of schedule bright prospects for our children. It Mr. GUTKNECHT. It was rosy sce- to produce what we promised the holds us paying off the Federal debt, narios. American people, a balanced budget, reducing taxes even further, and mak- Mr. NEUMANN. The budget agree- we are not only on track and ahead of ing sure the Social Security trust fund ment only projects a 4 percent growth. schedule, but we are also letting the is solvent for our senior citizens. I think it is real important to see that American people keep more of their Mr. GUTKNECHT. Mr. Speaker, I 4 percent number next to these num- own money. That is the tax cuts. Five think our time has about expired. I bers, what has actually been happen- hundred dollars per child, $1,500 to help think you have summarized very well ing. It is very, very conservative. In go to college. Capital gains coming where we were, where we are and where fact, I asked the question, if revenues down from 28 percent to 20 percent. Re- we are going. The negative naysayers grow by 6 percent instead of 4, what ducing the death tax so families can said you cannot balance the budget, happens? In fact we find that we have a pass on their estates to their children. you cannot provide tax relief, you can- balanced budget by the year 2000. We These are all things that are now not reform welfare, you cannot save run a surplus in the year 2000. That is coming about at the same time we are Medicare, not all at the same time. when the National Debt Repayment staying on track and ahead of schedule Well, it is happening. Act would kick in, two-thirds of that to balancing the budget. This has all This chart illustrates very clearly surplus goes to pay down the debt, one- been done not with the old theory, the where we were. For the last 20 years, third goes to reduce taxes even further 1993 theory that the people rejected in we spent, this Congress spent $1.22 for for the American people. And that is 1994, the idea that we have to raise every dollar they took in. We are now what this is all about. taxes. This is all being done at the spending less than $1.04 for every dollar I think maybe we should conclude or same time that we are lowering the we take in. We are making real start to wrap this up by just kind of taxes on the American people. It can progress. We are on the right track. briefly going back through the past, happen. It is working beautifully. The The American people understand that. the present and the future. I always use American people are responding, the And we are going to balance the budget this chart to talk about the past be- economy is responding in a very, very and let people keep more of what they cause I think it says it better than positive way. The future, that is past, earn. July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4903 Mr. NEUMANN. I want to wrap up the Federal work force by 250,000 peo- They had a very important election this evening with a tribute to a church ple, I believe. We have the lowest Fed- on Sunday. There were over 100 million that I attended twice in the last 3 days eral work force since John F. Kennedy, people in Mexico. Opposition on both here. The church held a very special the lowest Federal work force today. the left and the right of the ruling In- service and they put in a huge amount And it also brought the deficit down stitutional Revolutionary Party, or of effort. A little church in Williams from the Bush Republican number of PRI, as it is called, these opposition Bay. It is Calvary Community Church. $300 billion annually down to about 65 parties scored significant victories, What they did is they held a special this year, every year reducing that victories that will unravel nearly 70 worship service on two nights to honor budget deficit. And not one Republican years of one-party rule in Mexico. And our veterans. When I went there the voted for that 1993 budget deal that ba- the biggest one ever was the Party of first night, the church was absolutely sically has brought us into balance. the Democratic Revolution, which is a packed. I got there about a half hour So when my friends speak of spend- party that is headed by Mr. Cardenas, before the service started. There were ing, they have this convenient amnesia who was overwhelmingly elected the 900 people there. I could not believe it. about their policies and how it was in mayor of Mexico City. And by the way, I walked in the place. It was absolutely the 1993 bill that we were able to fi- this is the first time they allowed the jam-packed. All American citizens nally get some control to the point second most powerful position in Mex- there to pay tribute to our veterans. now where our debt relative to our ico, the mayor of Mexico City, to be What better place could they be to cel- gross domestic product is the lowest of elected. ebrate the Fourth of July weekend? any Western developed nation in the This election was significant for I went back the second night, my world today. many reasons, but I want to focus on wife and I. Sue and I were driving over I want to turn to another subject, if two of those reasons this evening. Most to the church service and we said, they I could, this evening, Mr. Speaker, and people agree that the conduct in the cannot possibly have 900 people in this that is trade. I will be joined hopefully election on Sunday was not perfect but church again the second night in a row. by a few of my colleagues to talk about that it was by far the fairest national the North American Free Trade Agree- They had 900 people the second night in election conducted over the past 68 ment and its effects on the people of a row. What that does for me is it rein- years in Mexico. This was the first real Mexico and the United States over the chance that the people of Mexico have vigorates me, gives me hope for the fu- 1 past 3 ⁄2 years. had to see their ballots actually tallied ture of this great country. We are engaging in this discussion and counted and not discarded or mis- We saw in two nights 1,800 people because sometime this fall, we think, placed somewhere. turn out to a church to pay tribute to Congress will be asked to approve The voters rejected the PRI. That is the veterans that have done so much to something that is known as fast track. the 70-year ruling party. They pro- give us this great Nation that we live Now, people are out there saying what tested its economic policies and they in. I thought that would be a fitting is this fast track that he is talking bravely chose change. Now, in the past, way to wrap this discussion up this about; is that some kind of a Washing- they have chosen change, but their bal- evening because they have done so ton special lingual term that is out lots were not counted and elections much in the past to give us this great there to confuse the rest of us? Well, were stolen from the people, and it was Nation that we live in today. It is now fast track is an authority that the Con- done on a regular basis. The most nota- our responsibility, our awesome re- gress surrenders to the administration ble example was the Presidential elec- sponsibility to do the right thing so to make a trade deal. Fast track forces that our children receive a better Na- Congress to accept or reject an entire tion in 1988, not too long ago, in which tion than we received, so that we live trade agreement rather than allowing most people believe that Cardenas up to our responsibility to pass this us to improve upon the agreement that handily beat Carlos Salinas only to Nation on to the next generation in a is reached by our trade negotiators have the apparent victory snatched fiscally sound way, a way that they can with other nations. from him by the PRI massive electoral also look forward to living the Amer- The administration wants fast track, fraud. ican dream, hopes and dreams for their all administrations want fast track, in In that election Cardenas’ phones families and for their children and order to expand NAFTA to other na- were tapped, his top aides were mur- their grandchildren. That is what this tions in Central and South America. dered, and the government halted the is all about. What we are saying is that, before we vote count on election night and de- f rush ahead to expand NAFTA, we clared Salinas the winner. Over the next 6 years, as many as 500 Cardenas ON TRADE should understand the effects it has al- ready had on the workers in the United and PRD activists were murdered in an The SPEAKER pro tempore (Mr. States and in Mexico. attempt to intimidate and silence the TAYLOR of North Carolina). Under the I try to use the analogy that, if our opposition. That is a startling, star- Speaker’s announced policy of January house has a flooded basement, our roof tling number. Five hundred of his sup- 7, 1997, the gentleman from Michigan is burning and we have chaos in our porters and activists were murdered by [Mr. BONIOR] is recognized for 60 min- house, we do not decide to build an ad- the ruling party. utes as the designee of the minority dition to the house. We decide to take What amazed me through all of this leader. care of these problems that we have be- was the acceptance of Carlos Salinas in Mr. BONIOR. Mr. Speaker, I cannot fore we pass on improvements to our America as some kind of savior, an in- help but comment on the discussion house. The same is true with our trade tellectual, elite, smart, sophisticated that we have just had here before I talk agreement. individual. He fooled the entire elite about trade, because I think it has a We will see much analysis of NAFTA intellectual community in this coun- distorted view of history. I would like over the next couple of weeks, starting try. to correct my colleagues who just later this week, when the administra- It has been said in Mexico that the spoke by reminding the American peo- tion is going to release a report on PRI governed not from the ballots of ple that in 1993, when the Clinton ad- NAFTA, and we will discuss that a lit- democracy but from the bullets of rev- ministration took office, they inher- tle later this evening. What I would olution. It has also been called the per- ited a $300 billion annual deficit from like to discuss now is the remarkable fect dictatorship by one of the great the Republicans. election that took place on Sunday in writers of Mexico, Octavio Paz. It was only a matter of time before these mis- b Mexico. 2100 Mexico is our neighbor. There are deeds of the PRI caught up with them, Three hundred billion. And, of good people in Mexico, hard-working and on Sunday these misdeeds did course, in 1993, we passed a very impor- people, people who are struggling, peo- catch up with them. tant budget that has worked in several ple who have had a very difficult time While many people will try to char- ways: with human rights and democracy. acterize the vote on Sunday in Mexico It has eliminated literally hundreds Elections have repeatedly been stolen as only being significant because it of government programs. It reduced in Mexico. produced a major shift in power away H4904 CONGRESSIONAL RECORD — HOUSE July 8, 1997 from the PRI, anybody who watched ness elite, the foreign investors and the stagnant since 1979. Almost 20 years. that election and listened to that elec- Government to keep wages low. The ef- Going on almost 20 years now. And it is tion and analyzed that election and fects of these failed policies on workers easy to understand, because corpora- saw what the Mexican workers were in Mexico has been staggering. It has tions and companies are saying to going through, and I will describe that been staggering. That, in turn, had workers, ‘‘If you want a wage increase, in a second, will understand clearly smoked out NAFTA for what it really you want pension benefit increases or that this was significant because the was about, giving corporations invest- health benefit increases, we are out of Mexican people felt their economic sit- ment guarantees in Mexico and then here; we are going to Mexico.’’ uation needed to be changed. solidifying the role of the maquiladora And do not take my word for it. A major factor in the ascension of region in Mexico, that is the area along There was a study done by Kate the PRD and Cardenas has been their the United States-Mexican border, and Bronfenbrenner, University of Cornell economic program. Many people here California, Arizona, New Mexico and in New York, just done recently for the probably believe that all of Mexico sup- Texas, solidifying the role of this area Labor Department. This study, by the ported NAFTA, and that the loss of called the maquiladora region as an ex- way, was suppressed because of what it American jobs has greatly benefited port platform. said. It said that 62 percent of busi- Mexico. But that is not the case at all. What does export platform mean? nesses in this country use NAFTA as a In fact, it is just the opposite. The very That means people produce to ship lever, as a wedge against their own few at the top, in our country and in right back into this country. United workers, saying that, ‘‘If you demand Mexico and to some degree in Canada States companies are shifting jobs to too much, we are out of here; we are as well, have benefited well, but the Mexico, paying Mexican workers about leaving.’’ Sixty-two percent. An amaz- majority of people, 80 percent of the 10 percent of what American workers ing number. An amazing figure. American people, probably higher than were being paid and are shipping their So there was change in Mexico. I be- that in Mexico, have suffered as a re- products right back here to the United lieve the American people feel the sult of what I consider one of the worst States. The toll of this on Mexican same way about this. And if the vote treaties this country, if not the worst, workers has been severe. The gap be- on NAFTA were held today, I believe it has ever put together. tween Mexico’s richest and their poor would be a much different story be- Now, let me talk about what has hap- has been rapidly expanding, as I might cause we are coming to realize that, pened there, because Mexico has been add, as it has been in the United after 31⁄2 years, trade agreements like devastated since NAFTA through an States. Our gap between the rich and NAFTA cannot ignore the issues of economic crisis triggered by the de- the poor in this country is growing wages and basic standards for workers valuation of their peso, which we ar- ever more every year, every 4 or 5 or the environment, or for things we do gued was going to happen when we de- years. It is expanding to an all-time not ordinarily talk about when we talk bated NAFTA on this floor, and also by high today. about trade, like food safety. the PRI government policies that bene- Twenty-eight thousand small busi- I am concerned that the report that fitted investors at the expense of the nesses have failed in Mexico since many people will be looking at for in- working people in Mexico. And, of NAFTA. The number of unemployed in formation about NAFTA that will be course, investors were benefited in the Mexico doubled in 2 years. Our own em- issued later this week will not address United States at the expense of our bassy in Mexico estimated in late 1995 these serious issues either. Later this workers. that 35 percent of Mexicans were either week we will be releasing its version, The PRD and Cardenas agree that unemployed or underemployed. Real the administration, of how well NAFTA and the economic policies of wages in Mexico are 27 percent lower NAFTA has worked. But I am not sure the existing ruling party there, the than in 1994 and 37 percent lower than it will include a serious discussion PRI, are not working. They favor they were in 1980. Real wages. And 19 about how NAFTA is depressing wages, changing NAFTA to make it fair to percent of workers made less than the affecting food safety, highway safety workers in all three countries. In order minimum wage, which is only $3.30 a and a number of other issues. for NAFTA to work, according to its day. Not an hour, $3.30 a day. And 66 b 2115 opponents, we had to build a consumer percent of workers lack any benefits at market in Mexico. all, any pension or health benefits. I want to relay to you a story of one The idea was that we will have this Eight million people. Listen to this. real person who has been affected by free trade and the people that are pro- Since NAFTA, eight million people in NAFTA, a story you will not read ducing things in Mexico will increase Mexico have fallen from middle class about in the study on NAFTA. I met their salaries, and when they increase status into poverty. Eight million in this woman a couple weeks ago. She their salaries they will be able to buy just 31⁄2 years. And perhaps worst of all, was from the city of El Paso, right on more products from us, more consumer millions of children have entered the the border, a city which has more cer- products, and everything will kind of work force to try to keep their families tified NAFTA job losses than any other just bubble up. Well, the opposite has making ends meet. city in the country. Her name is Irma happened. Everything has sort of bub- The Mexican people were stunned by Montoya. bled down. all of this, as one can imagine. Their Ms. Montoya worked in an elec- That means ensuring that Mexican wages were cut. If they had any bene- tronics plant in El Paso for 8 years. workers, under this theory, had jobs at fits, they were cut out. They were She worked hard. She paid her taxes. wages in which they could afford to being dropped into poverty. Twenty- She played by the rules. She did her buy United States products. But, as I eight thousand of them lost businesses. best. But despite her best efforts, the said, just the opposite has happened. The peso was devalued. They woke up company shut down in El Paso when The lives of millions of people in Mex- one morning and the worth of the maquiladoras from just across the bor- ico have been devastated, thanks in money they had in their pocket, or if der, miles away, took over the work part to NAFTA, to the economic crisis they had a little savings account, her plant did. precipitated by the peso devaluation in dropped by 30 or 40 percent. So they And why did they do that? Of course, 1994, and to the wage controls forced on were mad. They were mad. And they because they were being paid. She was workers by the existing Government were stunned and they opted for being paid a very low salary, very close and the businesses and official labor change, and I believe the American to the minimum wage in this country. unions it controls. people feel the same way about this They moved the plant just a few miles There was a concerted effort, since treaty. over the border because they could get 1980 basically, where the corrupt labor Now, people say the economy is doing away with paying people less than a union in Mexico, which lost its leader, so well in the United States. It is doing dollar an hour over there. by the way, a man who was 96 years extremely well for about 20 percent of Now Irma received no health or pen- old, who passed away, and maybe there Americans. They are doing incredibly sion benefits from her company. And is hope for change now, but he was in well. Incredibly well. But for 80 percent despite being eligible for NAFTA job cahoots with the investors, the busi- of America, their wages have been training assistance, she received no July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4905 real help. She wanted to become an ac- assembled and they come right back crease, cannot take care of any health countant and was told it would be too here, shipped right back to the United or pension benefits because we will just expensive. So now Irma is stuck with- States. The revolving door exports go down to Mexico and we do not have out a job, without a pension, without have surged 230 percent since NAFTA, to pay them anything.’’ So they are health benefits, without training. And rising from $18 billion in 1993 to $42 bil- leveraging. They are leveraging. she lives in a city where the unemploy- lion last year. Productivity in Mexico, as I said, has ment rate is about 12 percent. These exports accounted for 40 per- risen by 38 percent since NAFTA, but NAFTA provided the incentive not cent of our total exports to Mexico in real hourly wages dropped by 21 per- only for the loss of her job but for the 1993, but that share grew 62 percent cent. Despite the fact that many plants downward pressure on wages and bene- last year. So 62 percent of our exports in Mexico approach or exceed United fits for the American workers, which to Mexico are shipped right back here. States productivity levels, the hourly left Irma without a pension or without They are assembled, put together by wage in Mexican manufacturing was health benefits. And this is going on all people who are making 70 cents, a dol- less than 10 percent of the United over the country. lar an hour, and then they are sold States levels in 1996. They make one- Just the other week my friends were back here, at no reduced rates, I might tenth of what our workers make, and here, the gentleman from Ohio [Mr. add. These are not job-creating ex- this is a trend that has only acceler- KUCINICH] and the gentlewoman from ports, they are job destroying exports. ated since NAFTA. This disparity be- Ohio [Ms. KAPTUR], and the gentleman As Professor Shaiken noted in his tween wages and productivity in Mex- from Pennsylvania [Mr. KLINK] and the memo, paraphrasing Pogo, ‘‘We have ico existed well before NAFTA and dur- gentlewoman from Missouri [Ms. met the market and it is us.’’ ing stable economic times. DANNER], and they were telling me The memo also notes that NAFTA Between 1980 and 1993, manufacturing about how these jobs are leaving, how has increased for especially direct in- productivity in Mexico rose by 53 per- people are being stranded without ben- vestment in Mexico from other nations cent while real wages declined by 30 efits, without the proper training, and as well. This is kind of interesting. Re- percent. So you know the investors, it is going on all over the country. member the claim during our debates, the money people, the multinationals, There are hundreds of thousands of where the NAFTA proponents said that they are doing very well. Their workers people just like Irma Montoya all over we want to pass NAFTA now to get have been falling further and further this country. into Mexico before the Europeans and behind, 8 million falling into poverty And while you will not hear about the Asians could get in there? from the middle class in Mexico. Irma Montoya later this week in the Well, the fact is that those nations That fact led many of us during the administration’s report on NAFTA, we have a trade surplus with Mexico. We NAFTA debate in 1993 to call for a are going to keep coming to the floor. have a $16 billion deficit, and they are linkage between wages and productiv- My colleague, the gentleman from investing in Mexico at rapid rates since ity in Mexico and for ensuring the Massachusetts [Mr. MOAKLEY], who is NAFTA. Investments from Germany rights of workers in Mexico, that those with me, who is going to talk about have tripled since NAFTA; investments rights were honored, but our cause this issue in just a second, and other from Japan have increased tenfold. went unheeded. And the problem has colleagues are going to come here and Now keep that fact in mind when we only gotten worse, as we have already talk about this issue because it needs are going to hear the same claim this seen. So this is a trend, I think, that is to be aired. year about going into Latin American going to continue on and on unless we And while I do not think the NAFTA nations before European and Asian na- seriously address these issues of wages report will be all that enlightening, tions do. We are going to hear that and worker rights in our trade agree- one memo that I would recommend to same argument, and it is just full of ment. everyone here in this Chamber and in holes. The facts show that we will all The current system is tragic for the Congress and my colleagues is to get into those markets, and that rush- working people both in the United take a look at Professor Harley ing through an ill-conceived free-trade States and in Mexico and in Canada, as Shaiken, who was at the University of agreement does not give us any type of well. It does not have to be permanent, California at Berkeley, who has prob- advantage in that respect. though. The people of Mexico spoke on ably more knowledge on this issue than One other item from Professor Sunday, and the American people anybody in America and who has stud- Shaiken’s memo that I would mention through us in Congress will have a ied the economic relationship between at this point is about continued falling chance to speak this fall when we have the United States and Mexico exten- real wages in Mexico. He notes that this debate. sively. Look at his report. Professor Mexican workers have been unable to We need to remember that this trade Shaiken sheds some light on what I make wage gains despite increased pro- debate is not just about markets and would call the myth behind the in- ductivity. What does that mean? That trade barriers; it is about jobs, it is creased exports to Mexico. means they are putting out more, about living standards, it is about There is no denying that exports to Mexican workers are producing more, human rights, it is about human dig- Mexico have risen since NAFTA, al- dramatically more, because they are nity. Human dignity. These struggles though imports from Mexico have in- hard workers and because they are we are about to engage in have been creased more dramatically. We had working in newer modern facilities. fought in this country before and about a $2 billion surplus with Mexico Some of these facilities in the around the world by earlier genera- prior to NAFTA, which is only 31⁄2 maquiladora, and I have traveled and tions of workers. years ago. We have a $16 billion deficit looked at them, they are as modern as At the turn of this century, 100 years today. That is a major shift. That anything we have here in this country. ago, the industrial revolution brought means they are sending us here a lot So productivity in Mexico has risen 38 massive change, just as the global more than we are sending them there. percent since NAFTA, but real hourly economy and technology and informa- We are sending them a few more wages have dropped by 21 percent over tion are changing the landscape today. things, but listen to what is happening the same period. So you figure it out. And at that time, giant corporations to those things that we send them. They are producing more for their ex- tried to do the same thing. They tried He, Professor Shaiken, analyzing ecutives and CEO’s, and these corpora- to control the process. But the people trade data, shows that the vast major- tions, mostly multinationals, produc- got wise, they figured it out. They fig- ity of export growth has been in what tivity is way, way up and their wages ured out they were being exploited. he calls the revolving door exports. are going down. They figured out their land was being And what do we mean by revolving And then when our workers try to exploited, and they banded together. door? Those are goods that are shipped get a wage increase here in their They formed labor unions and they to Mexico as components, therefore plants, they see multinational people formed progressive movements. They counted as exports, but then they are who are down there and who own cor- came together and fought back and assembled right on that maquiladora porations up here say to our workers, they made a difference. That struggle border. They get over the line, they are ‘‘We cannot give you any wage in- led to the creation of a system of labor H4906 CONGRESSIONAL RECORD — HOUSE July 8, 1997 and social and health rules which in- are coming in here at incredible rates, gentleman from Michigan [Mr. crease our living standards in this an incredible rate. Seventy percent of BONIOR].’’ But there are people out country. the cocaine coming into this country there that the gentleman has really If it was not for people coming to- comes through Mexico, 25 percent of educated this evening with some of the gether, led mostly by labor unions in the heroin, and it is passing through facts that he has given, and I am sure this country, we would not have a min- every day. It is a wave line down in that many votes might change as a re- imum wage, we would not outlaw child Texas. sult of it. labor, we would not have weekends, we They inspect trucks. They inspect 1 Mr. Speaker, the North American would not have a 40-hour work week, truck out of 200. Eleven thousand Free-Trade Agreement has been a bad we would not have an 8-hour day, we trucks come across the border. Eleven idea. It has been bad news to the Amer- would not have health benefits. We thousand trucks come across the bor- ican economy, it has been bad news for have to remind ourselves sometimes der every day. One out of every two the American workers, it has been bad that people banding together can make hundred get inspected. So lots of drugs news for the Mexican workers, and be- a difference. are coming in here. The NAFTA agree- fore the passage of NAFTA, the United But it is that very system that is ment was one of the worst agreements States had a trade surplus with Mex- under attack today, and we cannot af- this country ever signed and engaged ico, but since the passage of NAFTA ford to go backward 100 years. This de- in. our trade deficit has ballooned to $16.1 bate is about our economic future, and I am not opposed to having an agree- billion. whether we want to take our Nation ment with Mexico. They are good peo- Mr. Speaker, a $16.1 billion deficit is forward or go back to an era in this Na- ple. They are hard-working people. hardly good news for the economy. The tion in which workers’ rights were not They have a new chance for a new be- deficit in large part is due to the re- guaranteed and in which a few wealthy ginning. I want a good trade relation- volving door exports. In fact, Mr. corporations controlled our economy. ship, but I want a relationship that Speaker, 62 percent of our exports to This is a fight against will elevate their workers to our stand- Mexico were revolving door exports, transnationals, multinational corpora- ards, rather than bringing our workers which mean that our raw goods were tions. That is what this is about. There down to their poverty standards. That sent to Mexico, assembled by Mexican are very few governments standing up is not too much to ask. That is what workers and sent back to the United to them today. Labor is on the decline the Europeans did when Portugal and States. Before the NAFTA agreement, Mr. in many parts. Although I might just Greece wanted into the European Speaker, only 22 percent of our exports say in this country it is on the re- Union, you know, an economic market to Mexico were revolving door exports. bound, and it is becoming more vibrant union that is strong and vibrant. These exports, along with other condi- and more organized, and they are orga- b 2130 tions of this agreement, have cost nizing more workers every day because American workers wages and in many of the statistics I read to you. But the Europeans said to Greece and I predict in Mexico, with the demise to Portugal, ‘‘Before you come in, you cases cost American workers their of their labor leader, who passed at 96 have got to meet a few standards here jobs. In fact since 1993, NAFTA has cost American workers over 420,000 jobs. and who was, I believe, corrupt and did on food safety, you have got to meet a That is right, Mr. Speaker, 420,000 jobs not serve working people well, and few standards on wages, on productiv- have been lost as a result of NAFTA. with the demise of the PRR govern- ity, a few other things. And then we The Department of Labor has certified ment, we will see stronger labor will let you in.’’ And these countries that in the years 1994 and 1995, 52,000 unions, we will see people banding to- said, ‘‘Well, that’s reasonable, that’s Americans lost jobs in 400 U.S. plants gether in progressive units and de- fair, we’ll do that.’’ They met those since the passage of NAFTA. Many of manding a fair and just wage. standards and they were accepted and these workers, unfortunately, Mr. So we do not want to go back as a na- they are part of the union. That is Speaker, came from my home State, tion to where we were 100 years ago. what we were trying to get with a good NAFTA. But instead, we got one of the the Commonwealth of Massachusetts. We want a trade policy that is going to Since the start of NAFTA, hundreds worst pieces of legislation, I believe, move us forward. That is what this de- of thousands of jobs have been shifted this country has ever engaged in. bate is about, and that is why we are to maquiladora production plants, I thank my colleague from Massachu- here talking about it, so that people which pay very low wages for work setts for staying so late and participat- can understand some of the other side done right on our border. As of March ing in this. I appreciate his leadership of the issue. of this year, the maquiladora plants on this issue and his passion for work- We are going to get a report, as I said employed more than 861,000 Mexican ing people. He is one of the great lead- twice or three times this evening, from workers in over 2,600 plants. These ers of this body on Central American the administration this week on plants are taking American jobs from NAFTA; and I would ask the people to issues. I remember vividly the gen- all over the country. In fact, in the look at that in its entirety. They are tleman from Massachusetts [Mr. MOAK- Commonwealth of Massachusetts, just not going to hear in that report about LEY] leading the effort to bring justice this year, the Osram Sylvania Co., a food processing or they are not going and dignity to El Salvador. I thank fluorescent light manufacturing plant, to hear about food safety. him for joining me this evening. sent 160 jobs to Mexico. When asked Let me talk about food safety for Mr. MOAKLEY. Mr. Speaker, I thank why they moved, company officials just a second. Then I want to yield to my leader, and my dear friend from said, ‘‘The move was NAFTA-related.’’ my good friend, the gentleman from Michigan. I do not think there is any- For those American jobs that have Massachusetts [Mr. MOAKLEY], the body in this House who is a better not gone to Mexico, the threat is al- ranking member of the Committee on friend to American workers than the ways there that they will go, and for Rules. Remember a few months ago the gentleman from Michigan [Mr. that reason American wages have strawberry scare in this country, con- BONIOR]. He knows that NAFTA was a stayed low, closer to Mexican wages. taminated strawberries came in from bad idea and he is really speaking out In fact, the NAFTA Labor Secretar- Mexico? Hundreds and hundreds of kids on this issue. He is on the right side of iat found that half the American firms in this country, particularly in my this issue. used threats of moving to Mexico to State of Michigan, were affected. We I was in my office watching my lead- fight union organizing. When forced to had 1,100 kids who had to go get vac- er speaking on this thing when my bargain with labor organizers, 15 per- cine shots, a series of very difficult telephone rang and a young lady from cent of the firms actually closed part shots, and hundreds of them were sick. Milton, Massachusetts called up and or all of a plant. That is triple the rate That has happened with wheat, and it said, ‘‘I’m looking at my television set of shutdowns before NAFTA. is happening with other foods. And, of and I notice the gentleman from Michi- But, Mr. Speaker, despite what has course, the drug problem. You know, gan [Mr. BONIOR] speaking on NAFTA. happened to our workers, despite what we tried to negotiate a tougher drug How do you stand on NAFTA?’’ I said, has happened to our economy, the peo- deal than NAFTA, but we caved. Drugs ‘‘I voted against NAFTA, as did the ple who are suffering most are the July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4907 Mexican workers. Their wages are less should include very serious and very with implementing those standards in than one-third of what they were in specific regulations on labor, on the en- southwestern Pennsylvania. I led a 1980. Some 14.9 percent of Mexicans live vironment, and on human rights. These group of county commissioners in 1994 below the poverty rate, which is less conditions should not be left for later suggesting that the nonattainment sta- than $1 a day. In fact, the Mexican action because, as we have seen with tus in southwestern Pennsylvania was Government even has policies to hold this trade agreement, provisions that incorrect, and that we as county com- down the wages to attract investments were left out of the original agreement missioners and the city of Pittsburgh despite the thousands of people living never really happened. council requested that an independent on less than $1 a day. I am glad to join my leader, an ex- testing firm test the quality of air in In 1995, one out of every five Mexican pert on this matter, and I look forward southwestern Pennsylvania to deter- workers worked for less than the Mexi- to continuing this debate with him. mine whether in fact we did not reach can minimum wage, and 66 percent got Mr. BONIOR. I thank my colleague attainment. We found at that time no benefits whatsoever. for his leadership and passion on this that some of the equipment that was Since Mexican workers do not make issue and for bringing to light some of used in measuring the quality of air very much money, they can barely af- the important facts on workers’ rights was faulty, we found that the air qual- ford to put food on the table, much less and health and safety. We appreciate ity samples that were taken were buy American products. Mexican infant the gentleman’s contribution. taken on the hottest days of the year. mortality is very high, 13 deaths per f We requested and the Department of 1,000 live births. For those children who do survive, 10 million of them are PROBLEMS ASSOCIATED WITH IM- Transportation in Pennsylvania and sent to work, violating Mexico’s own PLEMENTATION OF IMPENDING the Department of Environmental Re- child labor law. EPA STANDARDS sources agreed to permit a testing com- From what I can tell, Mr. Speaker, The SPEAKER pro tempore (Mr. pany, an independent testing company nothing at all has been done about the TAYLOR of North Carolina). Under a to measure the quality of air in south- horrendous environmental degradation previous order of the House, the gen- western Pennsylvania. in Mexico. Thirty percent of the popu- tleman from Pennsylvania [Mr. MAS- lation of Mexico have no access to sani- CARA] is recognized for 5 minutes. b 2145 tation. I have heard that some of the Mr. MASCARA. Mr. Speaker, I was workers that live in some of these new supposed to join the gentleman from The tests that were done by this industries that have gone down to Mex- Pennsylvania [Mr. KLINK] this evening independent firm proved our suspicions ico are still living in refrigerator to talk about the problems associated that the earlier testing was inappropri- crates. with the impending standards to be im- ate and resulted in inaccurate test re- Mr. BONIOR. The gentleman makes a plemented by the Environmental Pro- sults. The air quality in the Pittsburgh very good point. The American Medical tection Agency. region had definitely met the air qual- Association, in examining this border, First of all, I would like to give a his- ity standards. The Pennsylvania DER the maquiladora border that the gen- toric perspective to illustrate why I advised the EPA that southwestern tleman is talking about, termed it a have joined so many of my colleagues Pennsylvania had met its ozone stand- cesspool of infectious disease. This is in the House of Representatives to ards, and the EPA sat on the new infor- our American Medical Association. speak about the national ambient air mation and never corrected our status That is how bad the environmental quality standards. First let me clear from moderate nonattainment to at- degradation is in that area, and that the air, no pun intended. I support, as tainment. do many Members of Congress, clean has caused, as the gentleman has cor- Listen to this. Based on monitoring air and a sound environmental policy rectly stated, numerous health prob- data between 1989 and 1994, western in this country. The key word is lems, literally babies born without Pennsylvania’s air quality met or ex- brains. There are hideous examples of ‘‘sound.’’ ceeded the national standards for ozone deformities, just unconscionable ac- I would like to share with my col- levels. Apparently the application got tivities on the part of the corporations leagues, Mr. Speaker, a historic per- lost in the bureaucratic maze, for it that have gone down there and the gov- spective about the 15 years’ experience took the EPA over 2 years to respond ernments that have allowed it to hap- that I had in county government. Dur- instead of the mandated 18-month pe- pen. I thank the gentleman for raising ing that time I served on the South- that point. western Pennsylvania Regional Plan- riod. That summer, the summer of 1995, Mr. MOAKLEY. The gentleman from ning Commission and during those 15 western Pennsylvania’s ozone readings Michigan is absolutely correct. On years I served as chairman 3 years and exceeded acceptable levels on only 9 some days the children in Mexico City also as chairman of the Plan Policy days. Let me remind you that 1995 was can hardly breathe. This polluted air is Committee which had the responsibil- one of the hottest summers on record. making its way into this country. The ity of implementing ISTEA, which is Yes, we paid the price for clean air ozone levels in El Paso, TX have in- the Intermodal Surface Transportation that we now breathe, and as I said ear- creased steadily since NAFTA. The Efficiency Act and the Clean Air Act lier we all support clean air. South- rate of hepatitis in the border region of amendments of 1990 which were a com- western Pennsylvania citizens paid the the United States has risen to about panion bill. So I had an opportunity as price, and now they want us to believe four times the U.S. average. a county commissioner to see the sys- the new standards could eventually put Mr. Speaker, hepatitis is a very con- tem from the bottom up and now as a the remaining 100,000 miners out of tagious disease that does not respect Member of Congress to see it from the work and impact workers in the few re- borders, yet the NAFTA agreement top down. I do have some experience in maining jobs we have in southwestern looks the other way. As the gentleman dealing with legislation that applies to Pennsylvania. from Michigan alluded to, we import clean air and air quality standards. fruits and vegetables from a country As a member of the Regional Plan- Mr. Speaker, I remind you that as a that has virtually no environmental ning Commission, we covered six coun- part of the 1980’s and the decline in the regulations and that many times these ties, including Allegheny, Armstrong, steel and mining industry that we lost fruits and vegetables are filled with Beaver, Butler, Washington, and West- nearly 200,000 manufacturing jobs in pesticides that are not even allowed in moreland and the city of Pittsburgh. I southwestern Pennsylvania. And these our country. also served as chairman of this Plan new air quality requirements are with- But despite all of these problems, Mr. Policy Committee that had the respon- out a basis of science, and we are ask- Speaker, the administration now is sibility of implementing those two ing the President, and I joined in with proposing expanding NAFTA to Chile pieces of legislation, including the Na- several of my colleagues in writing the and possibly the rest of the southern tional Highway System Act. President asking him to take another hemisphere. I think this is a very dan- This enabled me to have a better un- look at the air quality standards which gerous idea. Any agreement we make derstanding of the problems associated will be implemented this year. H4908 CONGRESSIONAL RECORD — HOUSE July 8, 1997 OUR FOUNDING FATHERS WERE Franklin? They were smart, they were ican soldiers in the Korean conflict, a GREAT MEN OF GOD enlightened, they were visionaries, but conflict that claimed 3 million Koreans The SPEAKER pro tempore. Under a did they also pray? I submit to you, and 1 million Chinese citizens. These previous order of the House, the gen- Mr. Speaker, that like so many of our soldiers are tired, hungry, cold. Their tleman from Georgia [Mr. KINGSTON] is great American leaders that they did sunken eyes search for a sniper and recognized for 5 minutes. indeed pray, because I think that our surely for hope. They move slowly and Mr. KINGSTON. Mr. Speaker, with Founding Fathers were guiding them. eternally toward a black marble wall the Fourth of July having just passed, I also believe that they were men that merely says four words: I wanted to reflect on some of the who were ready as this whole Nation to Freedom is not free. thoughts I had and shared with people sacrifice for this thing called freedom, They should know. Over 54,000 of in Glynn, Wayne, and Pierce County, and I think, third, that they knew that them died. Their figures haunt us, but GA, this past week. I started out by freedom is fragile. as we turn around through the trees saying, you know, one of the big thrills Let us talk about the godliness. We across the reflecting pond and over the of Washington is to occasionally go up always hear about Thomas Jefferson berm, there lies another wall. Here we to the top of the dome, and when you being a deist, which seems almost a face 58,211 names of other great Ameri- do that it is kind of a special feeling. buzz word for atheist, yet on his monu- cans. This wall is still sober and force- You duck into an unmarked and incon- ment Thomas Jefferson says: Can the ful. Each name is a story. spicuous door, you climb up about a liberties of a Nation be secure when we Brantley, David Watson: Born 1946, Kite, story, some spiral steps in an old have removed a conviction that these GA; graduated 1964, Glynn Academy; died roundhouse that used to contain some liberties are the gift of God? Indeed I June 7, 1968 from an exploding mine in the sort of a heating turbine, and then you tremble for my country when I reflect Huz Nghiz Province. that God is just and that his justice Cameron, James Frederick: graduated go on an 1865 catwalk in between the Glynn Academy; shot down over the Tan skin of the new dome and the lime- cannot sleep forever. End of quote. Kieu Hamlet, September 13, 1969. stone of the old dome. You go up, Very explicit words, Mr. Speaker, Smith, Russell Lamar: Born March 26, 1948; round and round, for maybe 20 minutes and indeed a warning. graduated Glynn Academy 1966; married, one on a set of steel concrete and cables, Likewise, Benjamin Franklin admon- unborn son; killed by small arms fire; about 200 feet. Finally you get to the ished delegates at the Constitutional DaNang, November 28, 1968. top, and on the top you see one of the Convention to pray to break a dead- Honaker, Raymond Kermit: Born February 16, 1949; graduated Glynn Academy 1967; heli- best views of some of the most signifi- lock. His words were in the beginning of our war with Britain, we prayed copter shot down, August 31, 1968. cant monuments in our country. You Armstrong, Atwell Asbell: Born August 19, can see the Washington Monument, the daily for guidance. Our prayers were 1947; killed by small arms fire, October 25, reflecting pond, the Lincoln Memorial, heard and were answered. Have we now 1968 at Song Be. the Jefferson Memorial, Robert E. forgotten this powerful friend? The Miller, Hebert: Killed April 21, 1971, near Lee’s home, and hidden in the trees, longer I live, this I know to be true. Quang Tri Province. you know, the Korean and the Vietnam God governs the affairs of men. For if Rabb, Robert of Darien, GA; his loving mother Doris Rabb is with us today. Memorials are also there. Each one of a sparrow cannot fall to the ground without his notice, is it probable a Na- Grina, Thomas: Born November 16, 1949; these monuments contains a special killed December 19, 1967 by a ground explo- chapter in American history, and if tion can rise without his aide? sion trying to rescue his fellow marines you look beyond these monuments, you And George Washington on his tomb, pinned in a killing field. can see a glimpse of America herself. rather than pontificating about the From Brunswick alone: Leonard J. Pea- On the Fourth of July we celebrate many, many achievements he has, he cock, Roger E. Mathis, Carlton Amerson, our Nation’s birthday. It is fitting that instead merely quotes the gospel of Larry Williams Bailey, John Devvin Bell, we reflect on these monuments and the John. and Rayford H. King. great souls that they immortalize. We I submit to you that our Founding The names go on and on and on from can think about from Concord and Lex- Fathers were great men and women of coastal Georgia, from the entire East ington to Vietnam and Desert Storm God, and they had divine guidance in Coast of the United States and all we seek to understand more of our own that America was not just born by luck through the United States, each soldier history. We look inside ourselves, if or by accident. Second, Mr. Speaker, a hero, each paying the highest price you will. we can rest assured that they had made for this ideal we call freedom. Standing on the balcony of the dome many, many sacrifices and were willing And on this national birthday let us of the Capitol, Mr. Speaker, to the far to, just as millions of Americans have proudly and sincerely appreciate their left you see Thomas Jefferson’s monu- also done, follow in their example. In- lives and their family. Let us recognize ment, the third President, founder of deed Thomas Jefferson and George the high and significant advancement the University of Virginia, and author Washington would be much happier they gave the cause of freedom. The of the Declaration of Independence. His spending their time at Monticello and Vietnam war was to stop the growth of work formally began when Richard Mount Vernon. communism so we can say loudly: Mis- Henry Lee introduced a resolution for Robert E. Lee, as we look at his, the sion accomplished. independence in the Continental Con- Custis mansion across the river, Robert Thailand, Singapore, Indonesia, Phil- gress. Congress, even then being Con- E. Lee lost this to Arlington Cemetery; ippines, Malaysia, all once in great gress, decided to form a committee, and adjoining him by way of Memorial peril of Communist rule, are now out of and a committee was formed consisting Bridge, Abraham Lincoln lost his life danger and democratic nations today, of Robert Livingston, Roger Sherman, because of the Civil War, as did 360,000 and 179 out of 192 or 93 percent of the Benjamin Franklin, John Adams and Union soldiers and 135,000 Confederate world’s countries have free elections. the 34-year-old Thomas Jefferson. In soldiers. And in the last 10 years 69 nations for the nearby drafthouse he worked late Their examples were followed in the first time in their history have had into the Philadelphia nights, these every war. The Revolutionary War, free elections, and that includes five words: 25,000 died; the War of 1812, 2,300 died; from the former Soviet Union. ‘‘When in the course of human events the Mexican War, 13,000; the Spanish Would this have happened without it becomes necessary for one people to American War, 2,300; World War I, Vietnam? Hardly. Again I say: Mission dissolve the political bands which have 117,000; World War II, 408,000. And while accomplished. connected them to another’’ and so their monuments cannot be seen from But, Mr. Speaker, as we go back and forth. the top of the Capitol, Mr. Speaker, review these monuments, let me close As he labored, surely he knew the there are two very significant monu- with this: Last summer when the death warrant that would become not ments. One consists of 19 life-sized fig- Olympic torch came through Washing- just for him but for so many, the strife, ures. In the morning mist they seem to ton I asked one of the Olympic leaders, the hardship and inevitably war. move. The wind catches their ponchos, what happens when the torch goes out? What guided Thomas Jefferson, their faces strained to the sky, their He said, we merely relight it. And I George Washington, and Benjamin bodies bent in fatigues. They are Amer- said, is that it, you just relight it? He July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4909 said yes, that is it. What a shame that Mr. SAXTON, for 5 minutes each day, committee did on the following date freedom’s torch cannot be so easily on July 9, 10, and 11. present to the President, for his ap- relit. I believe that the torch of free- Mr. RAMSTAD, for 5 minutes, today. proval, a bill of the House of the fol- dom that we pass down from genera- Mr. GUTKNECHT, for 5 minutes, today. lowing title: tion to generation is more like a candle Mr. TIAHRT, for 5 minutes, today. On June 27, 1997: than a torch and it is a stormy night Mr. HERGER, for 5 minutes, on July 9. H.R. 1553. An act to amend the President Mr. RADANOVICH, for 5 minutes, on and the wind is blowing. John F. Kennedy Assassination Records Col- Edmund Burke said this, Mr. Speak- July 9. lection Act of 1992 to extend the authoriza- Mr. TAUZIN, for 5 minutes, today. er. The price of freedom is eternal vigi- tion of the Assassination Records Review Mr. JONES, for 5 minutes each day, on lance, and the name of the great sol- Board until September 30, 1998. July 9 and 10. f diers whose names are on the monu- Mr. DUNCAN, for 5 minutes, on July 9. ments and the names who are not on Mr. WELDON of Florida, for 5 minutes, ADJOURNMENT monuments, let us never forget that today. Mr. KINGSTON. Mr. Speaker, I move Americans have sacrificed a lot for this Mr. SMITH of Michigan, for 5 minutes ideal we call freedom. Freedom is in- each day, on July 9 and 10. that the House do now adjourn. deed fragile. (The following Member (at his own The motion was agreed to; accord- On the field of Gettysburg, Lincoln request) to revise and extend his re- ingly (at 9 o’clock and 59 minutes put it this way: marks and include extraneous mate- p.m.), the House adjourned until to- It is for us the living, rather, to be dedi- rial:) morrow, July 9, 1997, at 10 a.m. cated here to the unfinished work which Mr. MASCARA, for 5 minutes, today. f they who fought here have thus far so nobly f advanced. It is rather for us to be here dedi- EXECUTIVE COMMUNICATIONS, cated to the great task remaining before us— EXTENSION OF REMARKS ETC. that from these honored dead we take in- By unanimous consent, permission to Under clause 2 of rule XXIV, execu- creased devotion to that cause for which revise and extend remarks was granted tive communications were taken from they gave the last full measure of devotion— to: the Speaker’s table and referred as fol- that we here highly resolve that these dead (The following Members (at the re- shall not have died in vain—that this nation, lows: under God, shall have a new birth of free- quest of Mr. HULSHOF) to revise and ex- 4039. A letter from the Administrator, Ag- dom—and that government of the people, by tend their remarks and include extra- ricultural Marketing Service, transmitting the people, for the people, shall not perish neous material:) the Service’s final rule—Irish Potatoes from the earth. Mr. HAMILTON. Grown in Washington: Amended Assessment Let us remember that, and I will Mr. PASCRELL. Rate [Docket No. FV97–946–1 FIR] received Mr. DAVIS of Illinois. close with the words of Edmund Burke. July 8, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. ETHERIDGE. to the Committee on Agriculture. The price of freedom is eternal vigi- Mr. KUCINICH. 4040. A letter from the Administrator, Ag- lance. Let us remember that on this Mr. FRANK of Massachusetts ricultural Marketing Service, transmitting Nation’s birthday. Ms. NORTON. the Service’s final rule—Milk in the Eastern f Mr. STOKES. Colorado Marketing Area; Suspension of Cer- Mr. KLECZKA. tain Provisions of the Order [DA–97–05] re- LEAVE OF ABSENCE Mr. BONIOR. ceived July 3, 1997, pursuant to 5 U.S.C. By unanimous consent, leave of ab- Mr. VISCLOSKY. 801(a)(1)(A); to the Committee on Agri- sence was granted to: Mrs. MALONEY of New York. culture. Mr. RUSH (at the request of Mr. GEP- Mr. LEVIN. 4041. A letter from the Congressional Re- view Coordinator, Animal and Plant Health HARDT) for today before 6:30 p.m., on Mr. HINCHEY. Inspection Service, transmitting the Serv- account of airline delays in Chicago. Mr. BARRETT of Wisconsin. LINK ice’s final rule—Tuberculosis in Cattle and Mr. TAYLOR of North Carolina (at the Mr. K . Mr. TRAFICANT. Bison; State Designation [Docket No. 97–041– request of Mr. ARMEY) until 6 p.m. Mr. PASTOR. 1] received June 30, 1997, pursuant to 5 U.S.C. today, on account of travel delays. Mr. STRICKLAND. 801(a)(1)(A); to the Committee on Agri- Mr. RIGGS (at the request of Mr. (The following Members (at the re- culture. 4042. A letter from the Director, Office of ARMEY) for today, on account of ill- quest of Mr. TIAHRT) to revise and ex- Regulatory Management and Information, ness. tend their remarks and include extra- Mr. YATES (at the request of Mr. GEP- Environmental Protection Agency, transmit- neous material:) ting the Agency’s final rule—Tebufenozide; HARDT) today after 6:15 p.m., on ac- Mr. FORBES. count of personal reasons. Pesticide Tolerances for Emergency Exemp- Mr. RADANOVICH. tions [OPP–300500; FRL–5719–9] (RIN: 2070– f Mr. GALLEGLY. AB78) received July 1, 1997, pursuant to 5 Mr. GINGRICH. SPECIAL ORDERS GRANTED U.S.C. 801(a)(1)(A); to the Committee on Ag- Mr. KELLY. riculture. By unanimous consent, permission to Mr. DAVIS of Virginia. 4043. A letter from the Secretary of Health address the House, following the legis- Mr. LEWIS of California. and Human Services, transmitting a report lative program and any special orders Mr. BURR of North Carolina. of violations of the Anti-Deficiency Act, pur- heretofore entered, was granted to: Mr. EWING. suant to 31 U.S.C. 1517(b); to the Committee (The following Members (at the re- Mr. BEREUTER. on Appropriations. Mr. PITTS. quest of Mr. CAPPS) to revise and ex- 4044. A letter from the Secretary of De- Mr. FOX of Pennsylvania. tend their remarks and include extra- fense, transmitting the Department’s report Mr. COMBEST. entitled ‘‘Report on Accounting for United neous material:) Mr. SMITH of New Jersey. States Assistance Under the Cooperative Mr. CAPPS, for 5 minutes, today. Mr. SHAYS. Threat Reduction (CTR) Program,’’ pursuant Mr. KIND, for 5 minutes, today. Mr. COBLE. to section 1206 of the National Defense Au- Mr. PALLONE, for 5 minutes, today. (The following Members (at the re- thorization Act for Fiscal Year 1996; to the Ms. JACKSON-LEE of Texas, for 5 min- quest of Mr. KINGSTON) to revise and Committee on National Security. utes, today. extend their remarks and include ex- 4045. A letter from the Assistant Secretary, Mr. STRICKLAND, for 5 minutes, traneous material:) Department of Education, transmitting no- tice of Final Funding Priorities for Fiscal today. Mrs. MINK of Hawaii. Year 1997–1998 for a Knowledge Dissemina- (The following Members (at the re- Mr. WAXMAN. tion and Utilization Project Rehabilitation quest of Mr. TIAHRT) to revise and ex- Mr. KINGSTON. tend their remarks and include extra- Research and Training Centers, pursuant to f 20 U.S.C. 1232(f); to the Committee on Edu- neous material:) cation and the Workforce. Mr. PICKERING, for 5 minutes each BILL PRESENTED TO THE PRESIDENT 4046. A letter from the Secretary of Edu- day, on today and July 9 and 10. cation, transmitting Final Regulations—Im- Mr. KINGSTON, for 5 minutes, on July Mr. THOMAS, from the Committee pact Aid Program, Title VIII of the Elemen- 9. on House Oversight, reported that that tary and Secondary Education Act, pursuant H4910 CONGRESSIONAL RECORD — HOUSE July 8, 1997 to 20 U.S.C. 1232(f); to the Committee on Electronic Industries Association [CC Dock- 4066. A letter from the AMD—Performance Education and the Workforce. et No. 88–57; RM–5643] received July 2, 1997, Evaluation and Records Management, Fed- 4047. A letter from the Secretary of Edu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- eral Communications Commission, transmit- cation, transmitting Final Regulations—Wil- mittee on Commerce. ting the Commission’s final rule—Amend- liam D. FORD Federal Direct Loan Program, 4057. A letter from the AMD—Performance ment of Section 73.202(b), Table of Allot- pursuant to 20 U.S.C. 1232(f); to the Commit- Evaluation and Records Management, Fed- ments, FM Broadcast Stations (Victor, tee on Education and the Workforce. eral Communications Commission, transmit- Idaho) [MM Docket No. 97–33, RM–8937] re- 4048. A letter from the Assistant General ting the Commission’s final rule—Amend- ceived July 2, 1997, pursuant to 5 U.S.C. Counsel for Regulations, Department of Edu- ment of Section 73.202(b), Table of Allot- 801(a)(1)(A); to the Committee on Commerce. cation, transmitting the Department’s re- ments, FM Broadcast Stations (Raton, New 4067. A letter from the AMD—Performance port on the Notice of Final Funding Prior- Mexico) [MM Docket No. 96–206, RM–8877] re- Evaluation and Records Management, Fed- ities for Fiscal Years 1997–1998 for Rehabili- ceived July 2, 1997, pursuant to 5 U.S.C. eral Communications Commission, transmit- tation Research and Training Centers and a 801(a)(1)(A); to the Committee on Commerce. ting the Commission’s final rule—Amend- Knowledge Dissemination and Utilization 4058. A letter from the AMD—Performance ment of Section 73.202(b), Table of Allot- Project, pursuant to 5 U.S.C. 801(a)(1)(B); to Evaluation and Records Management, Fed- ments, FM Broadcast Stations (Valdez, Alas- the Committee on Education and the eral Communications Commission, transmit- ka) [MM Docket No. 96–258, RM–8967] re- Workforce. ting the Commission’s final rule—Amend- ceived July 2, 1997, pursuant to 5 U.S.C. 4049. A letter from the Assistant General ment of Section 73.202(b), Table of Allot- 801(a)(1)(A); to the Committee on Commerce. Counsel for Regulations, Department of Edu- ments, FM Broadcast Stations (Nashville, 4068. A letter from the AMD—Performance cation, transmitting the Department’s re- Arkansas) [MM Docket No. 97–16, RM–8932] Evaluation and Records Management, Fed- port on the final regulations for Impact Aid received July 2, 1997, pursuant to 5 U.S.C. eral Communications Commission, transmit- Program, Title VIII of the Elementary and 801(a)(1)(A); to the Committee on Commerce. ting the Commission’s final rule—Amend- Secretary Education Act, pursuant to 5 4059. A letter from the AMD—Performance ment of Section 73.202(b), Table of Allot- U.S.C. 801(a)(1)(B); to the Committee on Edu- Evaluation and Records Management, Fed- ments, FM Broadcast Stations (Franklin, cation and the Workforce. eral Communications Commission, transmit- Idaho) [MM Docket No. 97–13, RM–8915] re- 4050. A letter from the Assistant General ting the Commission’s final rule—Amend- ceived July 2, 1997, pursuant to 5 U.S.C. Counsel for Regulations, Department of Edu- ment of Section 73.202(b), Table of Allot- 801(a)(1)(A); to the Committee on Commerce. cation, transmitting the Department’s re- ments, FM Broadcast Stations (Chatom and 4069. A letter from the AMD—Performance port on the final regulations for William D. Grove Hill, Alabama) [MM Docket No. 97–71, Evaluation and Records Management, Fed- FORD Federal Direct Loan Program, pursu- RM–8920] received July 2, 1997, pursuant to 5 eral Communications Commission, transmit- ant to 5 U.S.C. 801(a)(1)(B); to the Committee U.S.C. 801(a)(1)(A); to the Committee on ting the Commission’s final rule—Amend- on Education and the Workforce. Commerce. ment of Section 73.202(b), Table of Allot- 4051. A letter from the Deputy Executive 4060. A letter from the AMD—Performance ments, FM Broadcast Stations (Grass Valley, Director and Chief Operating Officer, Pen- Evaluation and Records Management, Fed- California) [MM Docket No. 97–29, RM–8921] sion Benefit Guaranty Corporation, trans- eral Communications Commission, transmit- received July 2, 1997, pursuant to 5 U.S.C. mitting the Corporation’s final rule—Reor- ting the Commission’s final rule—Amend- 801(a)(1)(A); to the Committee on Commerce. ganizing, Renumbering, and Reinvention of ment of Section 73.202(b), Table of Allot- 4070. A letter from the AMD—Performance Regulations; Terminology; Correction (RIN: ments, FM Broadcast Stations (Glenwood Evaluation and Records Management, Fed- 1212–AA75) received June 26, 1997, pursuant to Springs, Colorado) [MM Docket No. 97–40, eral Communications Commission, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on RM–8949] received July 2, 1997, pursuant to 5 ting the Commission’s final rule—Amend- Education and the Workforce. U.S.C. 801(a)(1)(A); to the Committee on ment of Section 73.202(b), Table of Allot- 4052. A letter from the Director, Office of Commerce. ments, FM Broadcast Stations (Portland and Regulatory Management and Information, 4061. A letter from the AMD—Performance Seaside, Oregon) [MM Docket No. 96–212, Environmental Protection Agency, transmit- Evaluation and Records Management, Fed- RM–8884] received July 2, 1997, pursuant to 5 ting the Agency’s final rule—Approval and eral Communications Commission, transmit- U.S.C. 801(a)(1)(A); to the Committee on Promulgation of Implementation Plans; ting the Commission’s final rule—Amend- Commerce. State of Kansas [KS 026–1026; FRL–5853–1] re- ment of Section 73.202(b), Table of Allot- 4071. A letter from the AMD—Performance ceived July 1, 1997, pursuant to 5 U.S.C. ments, FM Broadcast Stations (Mukwonago, Evaluation and Records Management, Fed- 801(a)(1)(A); to the Committee on Commerce. Wisconsin) [MM Docket No. 97–92, RM–9032] eral Communications Commission, transmit- 4053. A letter from the Director, Office of received July 2, 1997, pursuant to 5 U.S.C. ting the Commission’s final rule—Amend- Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. ment of Section 73.202(b), Table of Allot- Environmental Protection Agency, transmit- 4062. A letter from the AMD—Performance ments, FM Broadcast Stations (Alamogordo, ting the Agency’s final rule—Approval and Evaluation and Records Management, Fed- New Mexico) [MM Docket No. 96–144, RM– Promulgation of Implementation Plan for eral Communications Commission, transmit- 8827] received July 2, 1997, pursuant to 5 Yolo-Solano Air Quality Management Dis- ting the Commission’s final rule—Amend- U.S.C. 801(a)(1)(A); to the Committee on trict [CA 105–0041a; FRL–5843–9] received ment of Section 73.202(b), Table of Allot- Commerce. July 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); ments, FM Broadcast Stations (Dickson, 4072. A letter from the Acting Secretary, to the Committee on Commerce. Oklahoma) [MM Docket No. 96–248, RM–8950] Federal Trade Commission, transmitting the 4054. A letter from the Associate Managing received July 2, 1997, pursuant to 5 U.S.C. Commission’s final rule—Concerning Trade Director for Performance Evaluation and 801(a)(1)(A); to the Committee on Commerce. Regulation Rule on Care Labeling of Textile Records Management, Federal Communica- 4063. A letter from the AMD—Performance Wearing Apparel and Certain Piece Goods; tions Commission, transmitting the Com- Evaluation and Records Management, Fed- Conditional Exemption From Terminology mission’s ‘‘Major’’ final rule—Assessment eral Communications Commission, transmit- Section of the Care Labeling Rule [16 CFR and Collection of Regulatory Fees for Fiscal ting the Commission’s final rule—Amend- Part 423] received July 2, 1997, pursuant to 5 Year 1997 [MM Docket No. 96–186] received ment of Section 73.202(b), Table of Allot- U.S.C. 801(a)(1)(A); to the Committee on June 30, 1997, pursuant to 5 U.S.C. ments, FM Broadcast Stations (Naches, Commerce. 801(a)(1)(A); to the Committee on Commerce. Washington) [MM Docket No. 97–2, RM–8955] 4073. A letter from the Director, Regula- 4055. A letter from the AMD—Performance received July 2, 1997, pursuant to 5 U.S.C. tions Policy Management Staff, Office of Evaluation and Records Management, Fed- 801(a)(1)(A); to the Committee on Commerce. Policy, Food and Drug Administration, eral Communications Commission, transmit- 4064. A letter from the AMD—Performance transmitting the Administration’s final ting the Commission’s final rule—Implemen- Evaluation and Records Management, Fed- rule—Postmarketing Expedited Adverse Ex- tation of the Telecommunications Act of eral Communications Commission, transmit- perience Reporting for Human Drug and Li- 1996: Reform of Filing Requirements and Car- ting the Commission’s final rule—Amend- censed Biological Products; Increased Fre- rier Classifications; Anchorage Telephone ment of Section 73.202(b), Table of Allot- quency Reports [Docket No. 96N–0108] re- Utility, Petition for Withdrawal of Cost Al- ments, FM Broadcast Stations (Llano and ceived July 2, 1997, pursuant to 5 U.S.C. location Manual [CC Docket No. 96–193; AAD Marble Falls, Texas) [MM Docket No. 95–49, 801(a)(1)(A); to the Committee on Commerce. 95–91] received July 2, 1997, pursuant to 5 RM–8558] received July 2, 1997, pursuant to 5 4074. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on tions Policy Management Staff, Office of Commerce. Commerce. Policy, Food and Drug Administration, 4056. A letter from the AMD—Performance 4065. A letter from the AMD—Performance transmitting the Administration’s final Evaluation and Records Management, Fed- Evaluation and Records Management, Fed- rule—Indirect Food Additives: Adjuvants, eral Communications Commission, transmit- eral Communications Commission, transmit- Production Aids, and Sanitizers [Docket No. ting the Commission’s final rule—Review of ting the Commission’s final rule—Amend- 97F–0062] received July 2, 1997, pursuant to 5 Sections 68.104 and 68.213 of the Commis- ment of Section 73.202(b), Table of Allot- U.S.C. 801(a)(1)(A); to the Committee on sion’s Rules Concerning Connection of Sim- ments, FM Broadcast Stations (Victor, Commerce. ple Inside Wiring to the Telephone Network, Idaho) [MM Docket No. 97–37, RM–8975] re- 4075. A letter from the Director, Regula- and Petition for Modification of Section ceived July 2, 1997, pursuant to 5 U.S.C. tions Policy Management Staff, Office of 68.213 of the Commission’s Rules filed by the 801(a)(1)(A); to the Committee on Commerce. Policy, Food and Drug Administration, July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4911 transmitting the Administration’s final 4087. A letter from the Chief, Forest Serv- 4097. A letter from the General Counsel, rule—Indirect Food Additives: Polymers; ice, transmitting a copy of the Final Envi- Department of Transportation, transmitting Technical Amendment [Docket No. 97F–0198] ronmental Impact Statement, Record of De- the Department’s final rule—Amendment to received July 2, 1997, pursuant to 5 U.S.C. cision, and the Revised Land and Resource Class E Airspace; Lewisburg, WV (Federal 801(a)(1)(A); to the Committee on Commerce. Management Plan for the Tongass National Aviation Administration) [Airspace Docket 4076. A letter from the Director, Regula- Forest; to the Committee on Resources. No. 97–AEA–24] (RIN: 2120–AA66) received tions Policy Management Staff, Office of 4088. A letter from the Acting Director, Of- June 30, 1997, pursuant to 5 U.S.C. Policy, Food and Drug Administration, fice of Sustainable Fisheries, National Oce- 801(a)(1)(A); to the Committee on Transpor- transmitting the Administration’s final anic and Atmospheric Administration, trans- tation and Infrastructure. rule—Investigational New Drug Application; mitting the Administration’s final rule— 4098. A letter from the General Counsel, Exception from Informed Consent; Technical Fisheries of the Exclusive Economic Zone Department of Transportation, transmitting Amendment [Docket No. 97N–0223] received Off Alaska; Northern Rockfish in the West- the Department’s final rule—IFR Altitudes; July 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); ern Regulatory Area of the Gulf of Alaska Miscellaneous Amendments (Federal Avia- to the Committee on Commerce. [Docket No. 961126334–7025–02; I.D. 062497C] re- tion Administration) [Docket No. 28936; 4077. A letter from the Director, Regula- ceived July 7, 1997, pursuant to 5 U.S.C. Amdt. No. 403] (RIN: 2120–AA65) received tions Policy Management Staff, Office of 801(a)(1)(A); to the Committee on Resources. June 30, 1997, pursuant to 5 U.S.C. Policy, Food and Drug Adminsitration, 4089. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- transmitting the Administration’s final fice of Sustainable Fisheries, National Oce- tation and Infrastructure. rule—Indirect Food Additives: Adjuvants, anic and Atmospheric Administration, trans- 4099. A letter from the General Counsel, Production Aids, and Sanitizers [Docket No. mitting the Administration’s final rule— Department of Transportation, transmitting 97F–0004] received July 2, 1997, pursuant to 5 Fisheries of the Economic Exclusive Zone the Department’s final rule—Airworthiness U.S.C. 801(a)(1)(A); to the Committee on Off Alaska; ‘‘Other Rockfish’’ Species Group Directives; Boeing Model 737–100, –200, –300, Commerce. in the Eastern Regulatory Area of the Gulf –400, and –500 Series Airplanes [Docket No. 4078. A letter from the Deputy Secretary, of Alaska [Docket No. 961126334–7025–02; I.D. 97–NM–28–AD; Amendment 39–10060; AD 97– Securities and Exchange Commission, trans- 062497B] received July 7, 1997, pursuant to 5 14–03] (RIN: 2120–AA64) received June 30, 1997, mitting the Commission’s final rule—Rule- U.S.C. 801(a)(1)(A); to the Committee on Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- making for the EDGAR System (RIN: 3235– sources. mittee on Transportation and Infrastruc- AG96) received July 2, 1997, pursuant to 5 4090. A letter from the Director, Office of ture. U.S.C. 801(a)(1)(A); to the Committee on Sustainable Fisheries, National Oceanic and 4100. A letter from the General Counsel, Commerce. Atmospheric Administration, transmitting Department of Transportation, transmitting 4079. A letter from the Director, Defense the Administration’s final rule—Fisheries the Department’s final rule—Airworthiness Security Assistance Agency, transmitting a Off West Coast States and in the Western Pa- Directives; Fokker Model F28 Mark 0100 Se- copy of Transmittal No. 10–97 extending U.S. cific; Pacific Coast Groundfish Fishery; Trip ries Airplanes (Federal Aviation Administra- involvement in the Cooperative Outboard Limit Reductions [Docket No. 961227373–6373– tion) [Docket No. 96–NM–154–AD; Amdt. 39– Logistics Update (COBLU) with the United 01; I.D. 062797C] received July 7, 1997, pursu- 10051; AD 97–13–05] (RIN: 2120–AA64) received Kingdom, pursuant to 22 U.S.C. 2767(f); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee June 30, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Committee on International Relations. on Resources. 4080. A letter from the Director, Defense 4091. A letter from the Acting Assistant tation and Infrastructure. 4101. A letter from the General Counsel, Security Assistance Agency, transmitting Administrator for Fisheries, National Oce- Department of Transportation, transmitting notification concerning the Department of anic and Atmospheric Administration, trans- the Department’s final rule—Airworthiness the Army’s proposed Letter(s) of Offer and mitting the Administration’s final rule— Directives; Hamilton Standard 54H60 Series Acceptance (LOA) to Bahrain for defense ar- Fisheries of the Exclusive Economic Zone Propellers (Federal Aviation Administra- ticles and services (Transmittal No. 97–22), Off Alaska; Define Fishing Trip in Ground- tion) [Docket No. 97–ANE–24–AD; Amdt. 39– pursuant to 22 U.S.C. 2776(b); to the Commit- fish Fisheries [Docket No. 970619143–7143–01; 10054; AD 97–13–07] (RIN: 2120–AA64) received tee on International Relations. I.D. 061097A] (RIN: 0648–AC68) received July June 30, 1997, pursuant to 5 U.S.C. 4081. A letter from the Assistant Legal Ad- 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Transpor- viser for Treaty Affairs, Department of the Committee on Resources. tation and Infrastructure. State, transmitting copies of international 4092. A letter from the Director, Office of 4102. A letter from the General Counsel, agreements, other than treaties, entered into Sustainable Fisheries, National Oceanic and Department of Transportation, transmitting by the United States, pursuant to 1 U.S.C. Atmospheric Administration, transmitting the Department’s final rule—Amendment to 112b(a); to the Committee on International the Administration’s final rule—Fisheries of Regulated Navigation Area Regulations; Relations. the Northeastern United States; Scup Fish- Lower Mississippi River (Coast Guard) 4082. A letter from the Auditor, District of ery; Commercial Quota Harvested for Massa- [CGD08–97–018] (RIN: 2115–AE84) received Columbia, transmitting a copy of a report chusetts [Docket No. 960805216–7111–06; I.D. June 30, 1997, pursuant to 5 U.S.C. entitled ‘‘Washington Convention Center Au- 063097C] received July 7, 1997, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- thority Accounts and Operation for Fiscal U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. Years 1995 and 1996,’’ pursuant to D.C. Code sources. 4103. A letter from the General Counsel, section 47–117(d); to the Committee on Gov- 4093. A letter from the Acting Director, Of- Department of Transportation, transmitting ernment Reform and Oversight. fice of Surface Mining Reclamation and En- the Department’s final rule—Airworthiness 4083. A letter from the Acting Chairman, forcement, transmitting the Office’s final Directives; Boeing Model 747 Series Air- Federal Deposit Insurance Corporation, rule—Virginia Abandoned Mine Land Rec- planes, Excluding Airplanes Equipped With transmitting the Chief Financial Officers lamation Plan [VA–104–FOR] received June Pratt & Whitney PW4000 and General Elec- Act Report for the Federal Deposit Insurance 30, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to tric CF6–80C2 Series Engines (Federal Avia- Corporation for 1996, pursuant to 31 U.S.C. the Committee on Resources. tion Administration) [Docket No. 97–NM–94– 9106; to the Committee on Government Re- 4094. A letter from the Director, Executive AD; Amdt. 39–10064; AD 97–14–06] (RIN: 2120– form and Oversight. Office for U.S. Trustees, Department of Jus- AA64) received July 7, 1997, pursuant to 5 4084. A letter from the Chairman, Federal tice, transmitting the Department’s final U.S.C. 801(a)(1)(A); to the Committee on Housing Finance Board, transmitting the rule—Qualifications and Standards for Transportation and Infrastructure. 1996 management reports of the 12 Federal Standing Trustees (RIN: 1105–AA32) received 4104. A letter from the General Counsel, Home Loan Banks and the Financing Cor- July 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Transportation, transmitting poration, pursuant to 31 U.S.C. 9106; to the to the Committee on the Judiciary. the Department’s final rule—Airworthiness Committee on Government Reform and 4095. A letter from the General Counsel, Directives; Gulfstream Aerospace Corpora- Oversight. Department of Transportation, transmitting tion Model G–159 (G-I) Airplanes (Federal 4085. A letter from the Secretary of Health the Department’s final rule—Civil Money Aviation Administration) [Docket No. 97– and Human Services, transmitting a report Penalties Inflation Adjustments (Coast NM–17–AD; Amdt. 39–10066; AD 97–14–08] (RIN: of activities under the Freedom of Informa- Guard) [CGD 96–052] (RIN: 2105–AC63) re- 2120–AA64) received July 7, 1997, pursuant to tion Act for the calendar year 1996, pursuant ceived June 30, 1997, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 552(d); to the Committee on Gov- 801(a)(1)(A); to the Committee on the Judici- Transportation and Infrastructure. ernment Reform and Oversight. ary. 4105. A letter from the General Counsel, 4086. A letter from the Secretary, Smithso- 4096. A letter from the General Counsel, Department of Transportation, transmitting nian Institution, transmitting the semi- Department of Transportation, transmitting the Department’s final rule—Airworthiness annual report on the activities of the Office the Department’s final rule—Revision of Directives; Gulfstream Aerospace Corpora- of Inspector General for the period October 1, Class D and Class E Airspace; Los Angeles, tion Model G–159 (G-I) Airplanes (Federal 1996, through March 31, 1997; and the semi- CA (Federal Aviation Administration) [Air- Aviation Administration) [Docket No. 97– annual management report for the same pe- space Docket No. 97–AWP–15] (RIN: 2120– NM–16–AD; Amdt. 39–10068; AD 97–14–10] (RIN: riod, pursuant to 5 U.S.C. app. (Insp. Gen. AA66) received June 30, 1997, pursuant to 5 2120–AA64) received July 7, 1997, pursuant to Act) section 5(b); to the Committee on Gov- U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on ernment Reform and Oversight. Transportation and Infrastructure. Transportation and Infrastructure. H4912 CONGRESSIONAL RECORD — HOUSE July 8, 1997 4106. A letter from the General Counsel, (Pursuant to the order of the House on June 26, State of California to demonstrate the effec- Department of Transportation, transmitting 1997 the following report was filed on July 1, tiveness of the resource management activi- the Department’s final rule—Airworthiness 1997) ties proposed by the Quincy Library Group Directives; Lockhead Model L–1011 Series Mr. REGULA: Committee on Appropria- and to amend current land and resource Airplanes Equipped with Rolls-Royce Model tions. H.R. 2107. A bill making appropria- management plans for these national forests RB211–524 Series Engines (Federal Aviation tions for the Department of the Interior and to consider the incorporation of these re- Administration) [Docket No. 97–NM–06–AD; related agencies for the fiscal year ending source management activities (Rept. 105– Amdt. 39–10065, AD 97–14–07] (RIN: 2120–AA64) September 30, 1998, and for other purposes 173). Referred to the House Calendar. received July 7, 1997, pursuant to 5 U.S.C. (Rept. 105–163). Referred to the Committee of DISCHARGE OF COMMITTEE 801(a)(1)(A); to the Committee on Transpor- the Whole House on the State of the Union. (The following action occurred on July 1, 1997) tation and Infrastructure. (Pursuant to the order of the House on June 26, 4107. A letter from the General Counsel, Pursuant to clause 5 of rule X the 1997 the following report was filed on July 3, Department of Transportation, transmitting Committee on National Security dis- 1997) the Department’s final rule—Airworthiness charged from further consideration. Directives; Gulfstream Aerospace Corpora- Mr. LEACH: Committee on Banking and H.R. 1775 referred to the Committee of tion Model G–159 (G–I) Airplanes (Federal Financial Services. H.R. 10. A bill to enhance competition in the financial services indus- the Whole House on the State of the Aviation Administration) [Docket No. 97– Union. NM–15–AD; Amdt. 39–10067; AD 97–14–09] (RIN: try by providing a prudential framework for 2120–AA64) received July 7, 1997, pursuant to the affiliation of banks, securities firms, and f 5 U.S.C. 801(a)(1)(A); to the Committee on other financial service providers, and for Transportation and Infrastructure. other purposes; with an amendment (Rept. TIME LIMITATION OF REFERRED 4108. A letter from the Chairman, Surface 105–164 Pt. 1). Ordered to be printed. BILL Transportation Board, transmitting the Mr. BLILEY: Committee on Commerce. H.R. 2018. A bill to waive temporarily the Pursuant to clause 5 of rule X the fol- Board’s final rule—Abandonment and Dis- lowing action was taken by the Speak- continuance of Rail Lines and Rail Transpor- Medicaid enrollment composition rule for tation Under 49 U.S.C. 10903 [STB Ex Parte the Better Health Plan of Amherst, NY; with er: No. 537] received July 7, 1997, pursuant to 5 an amendment (Rept. 105–165). Referred to (The following action occurred on July 3, 1997) U.S.C. 801(a)(1)(A); to the Committee on the Committee of the Whole House on the H.R. 10. Referral to the Committee on Transportation and Infrastructure. State of the Union. Commerce extended for a period ending not 4109. A letter from the Director, Office of Mr. YOUNG of Alaska: Committee on Re- later than September 15, 1997. Regulations Management, Department of sources. H.R. 1198. A bill to direct the Sec- f Veterans Affairs, transmitting the Depart- retary of the Interior to convey certain land to the city of Grants Pass, OR, with an ment’s final rule—Veterans’ Benefits Im- PUBLIC BILLS AND RESOLUTIONS provements Act of 1996 (RIN: 2900–AI66) re- amendment (Rept. 105–166). Referred to the ceived June 27, 1997, pursuant to 5 U.S.C. Committee of the Whole House on the State Under clause 5 of rule X and clause 4 801(a)(1)(A); to the Committee on Veterans’ of the Union. of rule XXII, public bills and resolu- Affairs. Mr. YOUNG of Alaska: Committee on Re- tions were introduced and severally re- 4110. A letter from the Director, Office of sources. Senate Joint Resolution 29. An act ferred as follows: Regulations Management, Department of to direct the Secretary of the Interior to de- By Mr. CANNON: Veterans Affairs, transmitting the Depart- sign and construct a permanent addition to H.R. 2108. A bill to dispose of certain Fed- ment’s final rule—Veterans Education: Sub- the Franklin Delano Roosevelt Memorial in eral properties located in Dutch John, UT, mission of School Catalogs to State Approv- Washington, DC, and for other purposes and to assist the local government in the in- ing Agencies (RIN: 2900–AH97) received June (Rept. 105–167). Referred to the Committee of terim delivery of basic services to the Dutch 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Whole House on the State of the Union. John community, and for other purposes; to the Committee on Veterans’ Affairs. Mr. YOUNG of Alaska: Committee on Re- 4111. A letter from the Chief Counsel, Bu- sources. H.R. 822. A bill to facilitate a land the Committee on Resources. reau of the Public Debt, transmitting the exchange involving private land within the By Mr. COOK: Bureau’s final rule—Regulations Governing exterior boundaries of Wenatchee National H.R. 2109. A bill to amend the Federal Elec- Book-Entry Treasury Bonds, Notes, and Forest in Chelan County, WA; with an tion Campaign Act of 1971 to require reports Bills; Determination Regarding State Stat- amendment (Rept. 105–168). Referred to the filed under such act to be filed electronically ute; District of Columbia [Department of the Committee of the Whole House on the State and to require the Federal Election Commis- Treasury Circular, Public Debt Series, No. 2– of the Union. sion to make such reports available to the 86] received July 1, 1997, pursuant to 5 U.S.C. Mr. YOUNG of Alaska: Committee on Re- public within 24 hours of receipt; to the Com- 801(a)(1)(A); to the Committee on Ways and sources. H.R. 1658. A bill to reauthorize and mittee on House Oversight. Means. amend the Atlantic Striped Bass Conserva- By Ms. DELAURO (for herself, Mr. 4112. A letter from the Chief, Regulations tion Act and related laws; with an amend- GEJDENSON, Mr. GONZALEZ, Mr. Unit, Internal Revenue Service, transmitting ment (Rept. 105–169). Referred to the Com- EVANS, Mr. ABERCROMBIE, Ms. KIL- the Service’s final rule—Accelerated Cost mittee of the Whole House on the State of PATRICK, Mr. STARK, Mr. DELLUMS, Recovery System [Revenue Ruling 97–29] re- the Union. and Ms. RIVERS): ceived June 30, 1997, pursuant to 5 U.S.C. Mr. YOUNG of Alaska: Committee on Re- H.R. 2110. A bill to require employer health 801(a)(1)(A); to the Committee on Ways and sources. H.R. 951. A bill to require the Sec- benefit plans to meet standards relating to Means. retary of the Interior to exchange certain the nondiscriminatory treatment of 4113. A letter from the Chief, Regulations lands located in Hinsdale, CO, (Rept. 105–170). neurobiological disorders, and for other pur- Unit, Internal Revenue Service, transmitting Referred to the Committee of the Whole poses; to the Committee on Ways and Means, the Service’s final rule—Guidance Regarding House on the State of the Union. and in addition to the Committees on Edu- Claims for Certain Income Tax Convention Mr. YOUNG of Alaska: Committee on Re- cation and the Workforce, and Commerce, Benefits [TD 8722] (RIN: 1545–AV33) received sources. H.R. 960. A bill to validate certain for a period to be subsequently determined June 30, 1997, pursuant to 5 U.S.C. conveyances in the city of Tulare, Tulare by the Speaker, in each case for consider- 801(a)(1)(A); to the Committee on Ways and County, CA, and for other purposes; with an ation of such provisions as fall within the ju- Means. amendment (Rept. 105–171). Referred to the risdiction of the committee concerned. 4114. A letter from the Chief, Regulations Committee of the Whole House on the State By Mr. FRANK of Massachusetts: Unit, Internal Revenue Service, transmitting of the Union. H.R. 2111. A bill to reduce the amounts al- the Service’s final rule—Transition Relief Mr. GOSS: Committee on Rules. House located for payments pursuant to production for Failures to Make Plan Distribution to Resolution 179. Resolution providing for con- flexibility contracts entered into under the Certain Employees or Offer Options to Defer sideration of the bill (H.R. 1775) to authorize Agricultural Market Transition Act; to the Distribution by April 1, 1997 [Announcement appropriations for fiscal year 1998 for intel- Committee on Agriculture. 97–70] received July 2, 1997, pursuant to 5 ligence and intelligence-related activities of By Mr. FRANKS of New Jersey (for U.S.C. 801(a)(1)(A); to the Committee on the U.S. Government, the community man- himself, Mr. DEFAZIO, Mr. OBERSTAR, Ways and Means. agement account, and the Central Intel- Mr. CLEMENT, and Mr. FRANK of Mas- f ligence Agency retirement and disability sachusetts): system, and for other purposes (Rept. 105– H.R. 2112. A bill to amend the Communica- REPORTS OF COMMITTEES ON 172). Referred to the House Calendar. tions Act of 1934 to increase the forfeiture PUBLIC BILLS AND RESOLUTIONS Mr. DREIER: Committee on Rules. House penalty for telephone service slamming and Resolution 180. Resolution providing for con- to require providers of such service to report Under clause 2 of rule XIII, reports of sideration of the bill (H.R. 858) to direct the slamming incidents, and for other purposes; committees were delivered to the Clerk Secretary of Agriculture to conduct a pilot to the Committee on Commerce. for printing and reference to the proper project on designated lands within Plumas, By Mr. GEKAS (for himself and Mr. calendar, as follows: Lassen and Tahoe National Forest in the FROST): July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4913

H.R. 2113. A bill to amend the Internal Rev- of the Texas gulf coast on the occasion of its H.R. 1169: Mr. FRANKS of New Jersey. enue Code of 1986 to exempt from certain re- 75th anniversary; to the Committee on Gov- H.R. 1171: Mr. RYUN, Mr. ROHRABACHER, and porting requirements certain amounts paid ernment Reform and Oversight. Mr. MASCARA. to election officials and election workers; to f H.R. 1175: Ms. SANCHEZ. the Committee on Ways and Means. H.R. 1181: Mr. HOUGHTON, Mr. KING of New By Mr. LEACH: ADDITIONAL SPONSORS York, Mr. OLVER, Mr. LAZIO of New York, H.R. 2114. A bill to amend the Federal Re- Under clause 4 of rule XXII, sponsors Mr. DOYLE, and Mr. KENNEDY of Massachu- serve Act to provide for the appointment of setts. the presidents of the Federal reserve banks were added to public bills and resolu- H.R. 1240: Mr. OLVER and Mr. KENNEDY of by the Board of Governors of the Federal Re- tions as follows: Rhode Island. serve System, and for other purposes; to the H.R. 12: Ms. CARSON, Mr. CLAY, Ms. ESHOO, H.R. 1280: Mr. WEXLER and Mr. JONES. Committee on Banking and Finance Serv- Mr. FILNER, Mr. FLAKE, Mr. OWENS, Mr. H.R. 1283: Mr. CALVERT, Mrs. NORTHUP, Mr. ices. SABO, Mr. STARK, and Mr. VENTO. BURTON of Indiana, Mr. BLUMENAUER, and By Mr. LIVINGSTON: H.R. 15: Mr. BROWN of California and Mrs. Mr. CASTLE. H.R. 2115. A bill to provide that compliance CLAYTON. H.R. 1296: Mr. FROST. by States with the National Voter Registra- H.R. 45: Mr. MARTINEZ and Mr. MCGOVERN. H.R. 1330: Mr. PETERSON of Minnesota. tion Act of 1993 shall be voluntary; to the H.R. 51: Mr. RAHALL. H.R. 1334: Ms. MILLENDER-MCDONALD. Committee on House Oversight. H.R. 53: Ms. WOOLSEY. H.R. 1373: Mr. THOMPSON and Mr. BROWN of By Mr. PASCRELL: H.R. 58: Mr. EVERETT and Mr. DUNCAN. Ohio. H.R. 2116. A bill to designate the post office H.R. 59: Mr. MCINTOSH, Mr. RADANOVICH, H.R. 1376: Mr. JACKSON, Mr. PASCRELL, Mr. located at 194 Ward Street, in Paterson, NJ, and Mr. PITTS. OLVER, Mr. GREEN, and Mr. ROTHMAN. as the ‘‘Larry Doby Post Office’’; to the H.R. 122: Mrs. LINDA SMITH of Washington H.R. 1437: Mr. ACKERMAN, Mr. CAPPS, Mr. Committee on Government Reform and and Mr. GRAHAM. MILLER of California, Mr. STARK, Mr. KEN- Oversight. H.R. 192: Mr. TANNER. NEDY of Massachusetts, Mr. FROST, Ms. By Mr. PITTS: H.R. 197: Mrs. MEEK of Florida. MCKINNEY, Mr. GILMAN, and Mrs. ROUKEMA. H.R. 2117. A bill to amend the Internal Rev- H.R. 264: Mr. VENTO. H.R. 1450: Mr. VISCLOSKY and Mr. KILDEE. enue Code of 1986 to exclude from gross in- H.R. 339: Mrs. LINDA SMITH of Washington H.R. 1492: Mr. STUMP. come gain on the sale or exchange of farm- and Mr. JONES. H.R. 1500: Mr. MALONEY of Connecticut. land which by covenant is restricted to use H.R. 343: Mr. GIBBONS. H.R. 1507: Mr. EVANS, Ms. LOFGREN, Mr. as farmland and to exclude the value of such H.R. 367: Mr. CLAY, Mr. WELDON of Penn- COYNE, Mr. ABERCROMBIE, Mr. DIXON, Mr. farmland from estate taxes; to the Commit- sylvania, Mr. EVANS, Mr. FILNER, Mr. MICA, CONYERS, Mr. STUPAK, Mr. SCOTT, Ms. JACK- tee on Ways and Means. Mr. KASICH, and Mr. CALLAHAN. SON-LEE, Ms. PELOSI, Mr. MCDERMOTT, Mr. By Mr. TRAFICANT: H.R. 387: Mr. SANFORD, Mr. MILLER of Flor- DELAHUNT, Mr. WYNN, Mr. WATT of North H.R. 2118. A bill to prohibit smoking in ida, and Mr. CANNON. Carolina, Mr. PASTOR, and Mr. STOKES. Federal buildings; to the Committee on H.R. 399: Mr. GIBBONS. H.R. 1526: Mr. SENSENBRENNER, Mr. MCIN- Transportation and Infrastructure, and in H.R. 414: Mr. TANNER. TYRE, Mr. ANDREWS, Mr. KLECZKA, Mr. addition to the Committees on the Judici- H.R. 492: Ms. WOOLSEY. LEACH, Mr. WHITFIELD, Mr. SOUDER, and Mrs. ary, and House Oversight, for a period to be H.R. 519: Ms. MCCARTHY of Missouri. NORTHUP. subsequently determined by the Speaker, in H.R. 616: Mr. ALLEN, Ms. HARMAN, and Mr. H.R. 1534: Mr. DOOLEY of California, Mr. each case for consideration of such provi- ROEMER. FROST, Mr. HASTINGS of Washington, Mr. sions as fall within the jurisdiction of the H.R. 631: Mr. ROHRABACHER. HANSEN, Mr. RILEY, and Mr. BOB SCHAFFER. committee concerned. H.R. 633: Mrs. MORELLA and Mr. HOYER. H.R. 1543: Mr. MARTINEZ. OOK ALENT By Mr. KING of New York (for himself, H.R. 681: Mr. POMBO and Ms. HARMAN. H.R. 1544: Mr. C , Mr. T , and Mr. Mr. MURTHA, Mr. SOLOMON, Mr. H.R. 753: Mr. HASTINGS of Florida, Mr. GOODLATTE. H.R. 1609: Mr. DELAHUNT. PAXON, Ms. MOLINARI, Mr. MCNULTY, DIXON, and Mr. GEJDENSON. H.R. 1614: Mr. GIBBONS, Mr. WOLF, and Mr. Mr. LATOURETTE, Mr. WELDON of H.R. 754: Mr. GUTIERREZ and Mr. TRAFI- MANTON. Florida, Mr. ACKERMAN, Mr. FORBES, CANT. H.R. 1619: Mr. JOHN, Mr. HAMILTON, Mr. Mr. BAKER, Mrs. MALONEY of New H.R. 767: Mr. GIBBONS. SHIMKUS, Mr. NORWOOD, Mr. LEWIS of Ken- York, Mr. EHRLICH, Mr. COOK, Mr. H.R. 774: Ms. RIVERS and Ms. JACKSON-LEE. tucky, Mr. ROEMER, Mr. LATHAM, Mr. CAMP, LIVINGSTON, Mr. FLAKE, Mr. WELLER, H.R. 789: Mr. DAN SCHAEFER of Colorado. and Mr. MORAN of Kansas. Mr. TOWNS, Mr. ENGEL, Ms. DUNN of H.R. 813: Mr. BUNNING of Kentucky. H.R. 1636: Mr. LEVIN, Mr. LIPINSKI, Mr. Washington, Mr. HALL of Ohio, Mr. H.R. 859: Mr. MCINTOSH. LAMPSON, and Mr. SABO. MCINTOSH, Mr. MEEHAN, Mr. LEWIS of H.R. 875: Mr. BLILEY and Ms. SANCHEZ. H.R. 1679: Mr. DOYLE and Mr. MCDADE. California, Mr. GIBBONS, Mr. MAS- H.R. 883: Mr. SKAGGS. H.R. 1689: Mr. PETERSON of Minnesota. CARA, Mr. ABERCROMBIE, Mr. AN- H.R. 887: Mr. FRANK of Massachusetts. H.R. 1693: Mr. GUTIERREZ, Ms. RIVERS, and DREWS, Mr. CLEMENT, Mr. FOLEY, Mr. H.R. 915: Mr. MALONEY of Connecticut, Mr. Ms. MILLENDER-MCDONALD. CALLAHAN, Mr. MCHALE, Mr. BROWN ACKERMAN, Mrs. KENNELLY of Connecticut, H.R. 1709: Mr. MCINTOSH, Mr. DOOLITTLE, of California, Mr. DAVIS of Virginia, Ms. SLAUGHTER, Mr. SNYDER, Mr. JACKSON, Mr. CUNNINGHAM, Mr. THORNBERRY, Mr. BOB Mr. JENKINS, Mr. GORDON, Mr. and Mr. GUTIERREZ. SCHAFFER, Mr. GOODE, Mr. MANZULLO, Mr. FILNER, Mr. WOLF, Mr. MCINTYRE, H.R. 921: Mr. KENNEDY of Rhode Island. SMITH of Texas, Mrs. CHENOWETH, Mr. SEN- Mr. ORTIZ, Mr. RAMSTAD, Mrs. H.R. 965: Mr. GIBBONS. SENBRENNER, Mr. PORTER, and Mr. KLUG. MCCARTHY of New York, Mr. HEFNER, H.R. 977: Mr. POSHARD. H.R. 1716: Mrs. MALONEY of New York and Mr. BURTON of Indiana, Ms. RIVERS, H.R. 978: Mr. OLVER. Ms. FURSE. C OVERN ESSIONS H.R. 991: Ms. BROWN of Florida. Mr. M G , Mr. S , Mr. H.R. 1743: Mr. HASTINGS of Washington. H.R. 1002: Mr. GIBBONS and Ms. DEGETTE. LOBIONDO, Mr. COOKSEY, Mr. H.R. 1782: Ms. WOOLSEY. H.R. 1023: Ms. MCCARTHY of Missouri, Mr. METCALF, Mr. HUTCHINSON, Mr. H.R. 1802: Mr. DIAZ-BALART, Mr. KING of LAMPSON, Mr. SESSIONS, Mr. SMITH of Michi- BROWN of Ohio, Mr. BENTSEN, Mr. New York, and Mr. SOLOMON. gan, and Mr. JONES. SMITH of New Jersey, Mr. MANTON, H.R. 1812: Mrs. MYRICK. Mr. SHAYS, Mr. ALLEN, Mr. LIPINSKI, H.R. 1050: Ms. CARSON and Mr. MCGOVERN. H.R. 1814: Mr. FRANK of Massachusetts. Mr. NEAL of Massachusetts, Mr. KA- H.R. 1054: Ms. HOOLEY of Oregon, Mr. PRICE H.R. 1824: Mr. OLVER, Mr. PAYNE, and Mr. SICH, Mr. WALSH, Mr. BUYER, Mr. of North Carolina, Mr. GIBBONS, and Mr. EN- FLAKE. BOEHLERT, Mr. ADERHOLT, Mr. SIGN. H.R. 1836: Mr. SUNUNU. CANADY of Florida, Mr. BALLENGER, H.R. 1060: Mr. PICKETT, Mr. OBERSTAR, Mr. H.R. 1839: Mr. TAYLOR of Mississippi, Mr. Mr. WELDON of Pennsylvania, Mrs. FROST, Mr. CALLAHAN, Mr. STUMP, Mr. SISI- SNOWBARGER, and Mr. HANSEN. MINK of Hawaii, Mrs. KELLY, and Mr. SKY, and Mr. ISTOOK. H.R. 1849: Mr. FROST, Mr. LIPINSKI, Mr. MANZULLO): H.R. 1061: Mrs. MEEK of Florida and Mr. ENGLISH of Pennsylvania, Mr. WATKINS, Mr. H. Con. Res. 109. Concurrent resolution rec- PASCRELL. BURR of North Carolina, Mr. WATTS of Okla- ognizing the many talents of the actor H.R. 1108: Mr. BURTON of Indiana. homa, Mr. ISTOOK, and Mr. UNDERWOOD. Jimmy Stewart and honoring the contribu- H.R. 1114: Mr. PRICE of North Carolina, Mr. H.R. 1855: Mr. KENNEDY of Massachusetts, tions he made to the Nation; to the Commit- BARRETT of Wisconsin, Mr. GILMAN, Mrs. Mr. TIERNEY, and Mr. LOBIONDO. tee on Government Reform and Oversight. FOWLER, Mr. ENGEL, Mr. LAMPSON, Mr. RUSH, H.R. 1859: Mr. BARRETT of Nebraska. By Ms. JACKSON-LEE (for herself, Ms. and Mr. BALDACCI. H.R. 1873: Mr. MCGOVERN. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1126: Mr. HANSEN and Mr. METCALF. H.R. 1874: Mr. BENTSEN, Mr. DELLUMS, and FROST, Mr. GREEN, Mr. ARCHER, Mr. H.R. 1161: Mr. PAYNE. Mr. STARK. REYES, Mr. GONZALEZ, Mr. BENTSEN, H.R. 1165: Mrs. CLAYTON, Mr. NADLER, Mr. H.R. 1912: Mr. BATEMAN. and Mr. LAMPSON): TOWNS, Mr. TRAFICANT, and Mr. TURNER. H.R. 1946: Mr. MANTON and Mr. FILNER. H. Con. Res. 110. Concurrent resolution to H.R. 1168: Mr. CONDIT, Mr. NORWOOD, Mr. H.R. 1955: Mr. SESSIONS, Mr. HOBSON, Mr. congratulate and commend the United Way METCALF, and Mr. LEACH. LIPINSKI, Ms. DUNN of Washington, Ms. H4914 CONGRESSIONAL RECORD — HOUSE July 8, 1997

HOOLEY of Oregon, and Mr. CANADY of Flor- as recommended in the Quincy Library (A) GROUP SELECTION.—Group selection on ida. Group-Community Stability Proposal. an average acreage of .57 percent of the pilot H.R. 1993: Ms. CARSON. (2) PILOT PROJECT AREA.—The Secretary project area land each year of the pilot H.R. 2005: Mr. DAN SCHAEFER of Colorado, shall conduct the pilot project on the Fed- project. Mr. WATTS of Oklahoma, Ms. VELA´ ZQUEZ, and eral lands within Plumas National Forest, (B) INDIVIDUAL TREE SELECTION.—Individual Mr. MCNULTY. Lassen National Forest, and the Sierraville tree selection may also be utilized within the H.R. 2011: Mr. COOKSEY, Mr. WALSH, Mr. Ranger District of Tahoe National Forest in pilot project area. ENGLISH of Pennsylvania, Mr. EHRLICH, and the State of California designated as ‘‘Avail- (3) TOTAL ACREAGE.—The total acreage on Mr. WATTS of Oklahoma. able for Group Selection’’ on the map enti- which resource management activities are H.R. 2029: Mr. PETERSON of Pennsylvania tled ‘‘QUINCY LIBRARY GROUP Commu- implemented under this subsection shall not and Mr. HASTINGS of Florida. nity Stability Proposal’’, dated June 1993 (in exceed 70,000 acres each year. H.R. 2031: Mr. FLAKE and Mr. RUSH. this section referred to as the ‘‘pilot project (e) COST-EFFECTIVENESS.—In conducting H.R. 2064: Mr. HILLIARD and Mr. HOUGHTON. area’’). Such map shall be on file and avail- the pilot project, Secretary shall use the H.R. 2070: Mrs. KELLY and Mr. MCHUGH. able for inspection in the appropriate offices most cost-effective means available, as de- H.R. 2081: Mr. WELDON of Florida. of the Forest Service. termined by the Secretary, to implement re- source management activities described in H.R. 2103: Mr. LAHOOD and Mr. (c) EXCLUSION OF CERTAIN LANDS AND RI- subsection (d). LATOURETTE. PARIAN PROTECTION.— (f) EFFECT ON MULTIPLE USE ACTIVITIES.— H.J. Res. 76: Mr. SANDERS and Mr. (1) EXCLUSION.—All spotted owl habitat LAMPSON. The Secretary shall not rely on the resource areas and protected activity centers located management activities described in sub- H.J. Res. 78: Ms. DUNN of Washington, Mr. within the pilot project area designated CAMP, Mr. BATEMAN, Mr. MCINTYRE, Mr. section (d) as a basis for administrative ac- under subsection (b)(2) will be deferred from tion limiting other multiple use activities in COOKSEY, Mr. COBLE, Mr. REDMOND, and Ms. resource management activities required CHRISTIAN-GREEN. the Plumas National Forest, the Lassen Na- under subsection (d) and timber harvesting tional Forest, and the Tahoe National For- H. Con. Res. 6: Mr. TALENT and Mr. GOODE. during the term of the pilot project. est. H. Con. Res. 40: Mr. RANGEL, Mr. LEACH, (2) RIPARIAN PROTECTION.— (g) FUNDING.— Ms. CARSON, Mr. FROST, Ms. WOOLSEY, and (A) IN GENERAL.—The Scientific Analysis (1) SOURCE OF FUNDS.—In conducting the Mr. YATES. Team guidelines for riparian system protec- pilot project, the Secretary shall use— H. Con. Res. 52: Mr. NADLER, Mrs. MEEK of tion described in subparagraph (B) shall (A) those funds specifically provided to the Florida, and Mrs. MCCARTHY of New York. apply to all resource management activities Forest Service by the Secretary to imple- H. Con. Res. 55: Mr. BILIRAKIS, Mr. MAR- conducted under subsection (d) and all tim- ment resource management activities ac- KEY, Mr. BLILEY, and Mrs. LOWEY. ber harvesting activities that occur in the cording to the Quincy Library Group-Com- H. Con. Res. 97: Mr. TORRES and Mr. STARK. pilot project area during the term of the munity Stability Proposal; and H. Con. Res. 107: Mr. GREENWOOD. pilot project. (B) excess funds that are allocated for the H. Res. 16: Mr. FROST and Mr. WOLF. (B) GUIDELINES DESCRIBED.—The guidelines administration and management of Plumas H. Res. 26: Mr. MARKEY, Mrs. LOWEY, Mr. referred to in subparagraph (A) are those in National Forest, Lassen National Forest, PASCRELL, Ms. BROWN of Florida, and Mr. the document entitled ‘‘Viability Assess- and the Sierraville Ranger District of Tahoe MEEHAN. ments and Management Considerations for National Forest. H. Res. 37: Mr. FATTAH, Mr. BERMAN, and Species Associated with Late-Successional (2) PROHIBITION ON USE OF CERTAIN FUNDS.— Mr. UNDERWOOD. and Old-Growth Forests of the Pacific North- The Secretary may not conduct the pilot H. Res. 50: Mr. DOYLE. west’’, a Forest Service research document project using funds appropriated for any H. Res. 122: Mr. DELLUMS and Mr. FRANKS dated March 1993 and co-authored by the Sci- other unit of the National Forest System. of New Jersey. entific Analysis Team, including Dr. Jack (3) FLEXIBILITY.—During the term of the f Ward Thomas. pilot project, the forest supervisors of AMENDMENTS (3) RIPARIAN RESTORATION.—During any fis- Plumas National Forest, Lassen National cal year in which the resource management Forest, and Tahoe National Forest may allo- Under clause 6 of rule XXIII, pro- activities required by subsection (d) result in cate and use all accounts that contain excess posed amendments were submitted as net revenues, the Secretary shall recommend funds and all available excess funds for the follows: to the authorization and appropriation com- administration and management of Plumas National Forest, Lassen National Forest, H.R. 858 mittees that up to 25 percent of such net rev- enues be made available in the subsequent and the Sierraville Ranger District of Tahoe OFFERED BY: MR. YOUNG OF ALASKA fiscal year for riparian restoration projects National Forest to perform the resource (Amendment in the Nature of a Substitute) that are consistent with the Quincy Library management activities described in sub- AMENDMENT NO. 1: Strike all after the en- Group-Community Stability Proposal within section (d). acting clause and insert the following: the Plumas National Forest, the Lassen Na- (4) RESTRICTION.—The Secretary or the for- est supervisors, as the case may be, shall not SECTION 1. SHORT TITLE. tional Forest, and the Sierraville Ranger utilize authority provided under paragraphs This Act may be cited as the ‘‘Quincy Li- District of the Tahoe National Forest. For (1)(B) and (3) if, in their judgment, doing so brary Group Forest Recovery and Economic purposes of this paragraph, net revenues are will limit other nontimber related multiple Stability Act of 1997’’. the revenues derived from activities required by subsection (d), less expenses incurred to use activities for which such funds were SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, available. AND TAHOE NATIONAL FORESTS TO undertake such activities (including 25 per- (5) OVERHEAD.—Of amounts available to IMPLEMENT QUINCY LIBRARY cent payment to the State of California GROUP PROPOSAL. under the Act of May 23, 1908 (Chapter 192; 35 carry out this section— (A) not more than 12 percent may be used (a) DEFINITION.—For purposes of this sec- Stat. 259; 16 U.S.C. 500, 553, 556d). or allocated for general administration or tion, the term ‘‘Quincy Library Group-Com- (d) RESOURCE MANAGEMENT ACTIVITIES.— other overhead; and munity Stability Proposal’’ means the agree- During the term of the pilot project, the Sec- (B) at least 88 percent shall be used to im- ment by a coalition of representatives of retary shall implement and carry out the fol- plement and carry out activities required by fisheries, timber, environmental, county lowing resource management activities on this section. government, citizen groups, and local com- an acreage basis on the Federal lands in- (6) AUTHORIZED SUPPLEMENTAL FUNDS.— munities that formed in northern California cluded within the pilot project area des- There are authorized to be appropriated to ignated under subsection (b)(2): to develop a resource management program implement and carry out the pilot project that promotes ecologic and economic health (1) FUELBREAK CONSTRUCTION.—Construc- such sums as are necessary. for certain Federal lands and communities in tion of a strategic system of defensible fuel (h) TERM OF PILOT PROJECT.—The Sec- the Sierra Nevada area. Such proposal in- profile zones, including shaded fuelbreaks, retary shall conduct the pilot project during cludes the map entitled ‘‘QUINCY LIBRARY utilizing thinning, individual tree selection, the period beginning on the date of the en- GROUP Community Stability Proposal’’, and other methods of vegetation manage- actment of this Act and ending on the later dated June 1993, and prepared by VESTRA ment consistent with the Quincy Library of the following: Resources of Redding, California. Group-Community Stability Proposal, on (1) The date on which the Secretary com- (b) PILOT PROJECT REQUIRED.— not less than 40,000, but not more than 60,000, pletes amendment or revision of the land and (1) PILOT PROJECT AND PURPOSE.—The Sec- acres per year. resource management plans for Plumas Na- retary of Agriculture (in this section re- (2) GROUP SELECTION AND INDIVIDUAL TREE tional Forest, Lassen National Forest, and ferred to as the ‘‘Secretary’’), acting through SELECTION.—Utilization of group selection Tahoe National Forest pursuant to sub- the Forest Service, shall conduct a pilot and individual tree selection uneven-aged section (j). project on the Federal lands described in forest management prescriptions described (2) The date that is five years after the paragraph (2) to implement and demonstrate in the Quincy Library Group-Community date of the commencement of the pilot the effectiveness of the resource manage- Stability Proposal to achieve a desired fu- project. ment activities described in subsection (d) ture condition of all-age, multistory, fire re- (i) EXPEDITIOUS IMPLEMENTATION AND ENVI- and the other requirements of this section, silient forests as follows: RONMENTAL LAW COMPLIANCE.— July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4915

(1) ENVIRONMENTAL LAW REQUIREMENT.—All schedule that will meet the yearly acreage the effectiveness of the pilot project in meet- environmental impact statements for which requirements of subsection (d) and under en- ing the stated goals of this pilot project. a final record of decision is required to be vironmental documentation that is timely Such assessment and report— prepared in accordance with this subsection, prepared under the schedule established by (A) shall include watershed monitoring of and all records of decision adopted under this paragraphs (2) and (3). lands treated under this section, that should subsection, shall comply with applicable en- (6) PROTECTION OF EXISTING WILDERNESS.— address the following issues on a priority vironmental laws and the standards and This section shall not be construed to au- basis: timing of water releases, water quality guidelines for the conservation of the Cali- thorize any resource management activity in changes, and water yield changes over the fornia spotted owl as set forth in the Califor- any area required to be managed as part of short and long term in the pilot project area; nia Spotted Owl Province Interim Guidelines the National Wilderness Preservation Sys- (B) shall be compiled in consultation with issued by the Forest Service, and subse- tem. the Quincy Library Group; and quently issued final standards and guidelines (7) CONTRACTING.—The Forest Service, sub- (C) shall be submitted to the Congress by that modify such interim guidelines when ject to the availability of appropriations, July 1, 2002. such final standards and guidelines become may carry out any (or all) of the require- (2) LIMITATIONS ON EXPENDITURES.—The effective. ments of this section using private con- amount of Federal funds expended for the as- (2) ENVIRONMENTAL IMPACT STATEMENT FOR tracts. sessment and report under this subsection, PILOT PROJECT AND FIRST INCREMENT.—Not (j) CORRESPONDING FOREST PLAN AMEND- other than for watershed monitoring under later than the expiration of the 150-day pe- MENTS.—Within 180 days after the date of the paragraph (1)(A), shall not exceed $150,000. riod beginning on the date of the enactment enactment of this Act, the Regional Forester The amount of Federal funds expended for of this Act, the Regional Forester for Region for Region 5 shall initiate the process to watershed monitoring under paragraph (1)(A) 5 shall, after a 45-day period for public com- amend or revise the land and resource man- shall not exceed $75,000 for each of fiscal ment on the draft environmental impact agement plans for Plumas National Forest, years 2000, 2001, and 2002. Lassen National Forest, and Tahoe National statement under section 102(2)(C) of the Na- (m) RELATIONSHIP TO OTHER LAWS.—Noth- Forest. The process shall include preparation tional Environmental Policy Act of 1969 (42 ing in this section exempts the pilot project of at least one alternative that— U.S.C. 4332(2)(C)) for all of the pilot project from any Federal environmental law. area specified in subsection (b)(2) that covers (1) incorporates the pilot project and area H.R. 858 the resource management activities required designations made by subsection (b), the re- by subsection (d) for the 5-year duration of source management activities described in OFFERED BY MR. MILLER OF CALIFORNIA the pilot project— subsection (d), and other aspects of the Quin- (Amendment in the Nature of a Substitute) cy Library Group Community Stability Pro- (A) adopt a final record of decision for that AMENDMENT NO. 2: Strike all after the en- posal; and statement; and acting clause and insert the following: (B) include as part of that statement a (2) makes other changes warranted by the project level analysis of the specific resource analyses conducted in compliance with sec- management activities required by sub- tion 102(2) of the National Environmental SECTION 1. SHORT TITLE. section (d) that will be carried out in an area Policy Act of 1969 (42 U.S.C. 4332(2)), section This Act may be cited as the ‘‘Quincy Li- within the pilot project area during the in- 6 of the Forest and Rangeland Renewable Re- brary Group Forest Recovery and Economic crement of the pilot project that begins on sources Planning Act of 1974 (16 U.S.C. 1604), Stability Act of 1997’’. the day that is 150 days after enactment of and other applicable laws. SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, this Act and ends December 31, 1998. (k) REPORTING REQUIREMENTS.— AND TAHOE NATIONAL FORESTS TO (3) SUBSEQUENT YEARLY ENVIRONMENTAL (1) IN GENERAL.—Not later than February IMPLEMENT QUINCY LIBRARY DOCUMENTS.—Not later than January 1 of 28 of each year during the term of the pilot GROUP PROPOSAL. 1999 and of each year thereafter throughout project, the Secretary after consultation (a) DEFINITION.—For purposes of this sec- the term of the pilot project, the Regional with the Quincy Library Group, shall submit tion, the term ‘‘Quincy Library Group-Com- Forester for Region 5 shall, after a 45-day to Congress a report on the status of the munity Stability Proposal’’ means the agree- public comment period, adopt a final record pilot project. The report shall include at ment by a coalition of representatives of of decision for the environmental impact least the following: fisheries, timber, environmental, county statement under section 102(2)(C) of the Na- (A) A complete accounting of the use of government, citizen groups, and local com- tional Environmental Policy Act of 1969 con- funds made available under subsection munities that formed in northern California sisting of a project level analysis of the spe- (g)(1)(A) until such funds are fully expended. to develop a resource management program cific resource management activities re- (B) A complete accounting of the use of that promotes ecologic and economic health quired by subsection (d) that will be carried funds and accounts made available under for certain Federal lands and communities in out during that year. A statement prepared subsection (g)(1) for the previous fiscal year, the Sierra Nevada area. Such proposal in- under this paragraph shall be tiered where including a schedule of the amounts drawn cludes the map entitled ‘‘QUINCY LIBRARY appropriate to the environmental impact from each account used to perform resource GROUP Community Stability Proposal’’, statement referred to in paragraph (2), in ac- management activities described in sub- dated June 1993, and prepared by VESTRA cordance with regulations issued by the section (d). Resources of Redding, California. Council on Environmental Quality. (C) A description of total acres treated for (b) PILOT PROJECT REQUIRED.— (4) CONSULTATION.—Each statement and each of the resource management activities (1) PILOT PROJECT AND PURPOSE.—The Sec- analysis required by paragraphs (2) and (3) required under subsection (d), forest health retary of Agriculture (in this section re- shall be prepared in consultation with the improvements, fire risk reductions, water ferred to as the ‘‘Secretary’’), acting through Quincy Library Group. yield increases, and other natural resources- the Forest Service and after completion of (5) FOREST SERVICE FOCUS.— related benefits achieved by the implementa- an environmental impact statement, shall (A) IN GENERAL.—The Regional Forester for tion of the resource management activities conduct a pilot project on the Federal lands Region 5 shall direct that, during the period described in subsection (d). described in paragraph (2) to implement and described in subparagraph (B)— (D) A description of the economic benefits demonstrate the effectiveness of the re- (i) any resource management activity re- to local communities achieved by the imple- source management activities described in quired by subsection (d), all road building, mentation of the pilot project. subsection (d) and the other requirements of and all timber harvesting activities shall not (E) A comparison of the revenues gen- this section, as recommended in the Quincy be conducted on the Federal lands within the erated by, and costs incurred in, the imple- Library Group-Community Stability Pro- Plumas National Forest, Lassen National mentation of the resource management ac- posal. Forest, and Sierraville Ranger District of tivities described in subsection (d) on the (2) PILOT PROJECT AREA.—The Secretary the Tahoe National Forest in the State of Federal lands included in the pilot project shall conduct the pilot project on the Fed- California that are designated as either ‘‘Off area with the revenues and costs during each eral lands within Plumas National Forest, Base’’ or ‘‘Deferred’’ on the map referred to of the fiscal years 1992 through 1997 for tim- Lassen National Forest, and the Sierraville in subsection (a); and ber management of such lands before their Ranger District of Tahoe National Forest in (ii) excess financial and human resources inclusion in the pilot project. the State of California designated as ‘‘Avail- available to National Forests and Ranger (F) A schedule for the resource manage- able for Group Selection’’ on the map enti- Districts that are participating in the pilot ment activities to be undertaken in the pilot tled ‘‘QUINCY LIBRARY GROUP Commu- project shall be applied to achieve the re- project area during the calendar year. nity Stability Proposal’’, dated June 1993 (in source management activities required by (2) LIMITATION ON EXPENDITURES.—The this section referred to as the ‘‘pilot project subsection (d) and the other requirements of amount of Federal funds expended on each area’’). Such map shall be on file and avail- this section within the pilot project area annual report under this subsection shall not able for inspection in the appropriate offices specified in subsection (b)(2). exceed $50,000. of the Forest Service. (B) PERIOD DESCRIBED.—The period referred (l) FINAL REPORT.— (c) EXCLUSION OF CERTAIN LANDS AND RI- to in subparagraph (A) is when the resource (1) IN GENERAL.—Beginning after comple- PARIAN PROTECTION.— management activities required by sub- tion of 6 months of the second year of the (1) EXCLUSION.—All spotted owl habitat section (d) are being carried out, or are eligi- pilot project, the Secretary shall compile a areas and protected activity centers located ble to be carried out, on the ground on a science-based assessment of, and report on, within the pilot project area designated H4916 CONGRESSIONAL RECORD — HOUSE July 8, 1997

under subsection (b)(2) will be deferred from (3) FLEXIBILITY.—During the term of the improvements, fire risk reductions, water resource management activities required pilot project, the forest supervisors of yield increases, and other natural resources- under subsection (d) and timber harvesting Plumas National Forest, Lassen National related benefits achieved by the implementa- during the term of the pilot project. Forest, and Tahoe National Forest may allo- tion of the resource management activities (2) RIPARIAN PROTECTION.— cate and use all accounts that contain excess described in subsection (d). (A) IN GENERAL.—The Scientific Analysis funds and all available excess funds for the (D) A description of the economic benefits Team guidelines for riparian system protec- administration and management of Plumas to local communities achieved by the imple- tion described in subparagraph (B) shall National Forest, Lassen National Forest, mentation of the pilot project. apply to all resource management activities and the Sierraville Ranger District of Tahoe (E) A comparison of the revenues gen- conducted under subsection (d) and all tim- National Forest to perform the resource erated by, and costs incurred in, the imple- ber harvesting activities that occur in the management activities described in sub- mentation of the resource management ac- pilot project area during the term of the section (d). tivities described in subsection (d) on the pilot project. (4) RESTRICTION.—The Secretary or the for- Federal lands included in the pilot project (B) GUIDELINES DESCRIBED.—The guidelines est supervisors, as the case may be, shall not area with the revenues and costs during each referred to in subparagraph (A) are those in utilize authority provided under paragraphs of the fiscal years 1992 through 1997 for tim- the document entitled ‘‘Viability Assess- (1)(B) and (3) if, in their judgment, doing so ber management of such lands before their ments and Management Considerations for will limit other nontimber related multiple inclusion in the pilot project. Species Associated with Late-Successional use activities for which such funds were (F) A schedule for the resource manage- and Old-Growth Forests of the Pacific North- available. ment activities to be undertaken in the pilot west’’, a Forest Service research document (5) OVERHEAD.—Of amounts available to project area during the calendar year. dated March 1993 and co-authored by the Sci- carry out this section— (2) LIMITATION ON EXPENDITURES.—The entific Analysis Team, including Dr. Jack (A) not more than 12 percent may be used amount of Federal funds expended on each Ward Thomas. or allocated for general administration or annual report under this subsection shall not (d) RESOURCE MANAGEMENT ACTIVITIES.— other overhead; and exceed $50,000. During the term of the pilot project, the Sec- (B) at least 88 percent shall be used to im- (j) FINAL REPORT.— retary shall, to the extent consistent with plement and carry out activities required by (1) IN GENERAL.—Beginning after comple- applicable Federal law and the standards and this section. tion of 6 months of the second year of the guidelines for the conservation of the Cali- (6) AUTHORIZED SUPPLEMENTAL FUNDS.— pilot project, the Secretary shall compile a fornia Spotted Owl as set forth in the Cali- There are authorized to be appropriated to science-based assessment of, and report on, fornia Spotted Owl Sierran Province Interim implement and carry out the pilot project the effectiveness of the pilot project in meet- Guidelines, implement and carry out the fol- such sums as are necessary. ing the stated goals of this pilot project. lowing resource management activities on (g) TERM OF PILOT PROJECT.—The Sec- Such assessment and report— the Federal lands included within the pilot retary shall conduct the pilot project during (A) shall include watershed monitoring of project area under subsection (b)(2): the period beginning on the date of the en- lands treated under this section, that should (1) FUELBREAK CONSTRUCTION.—Construc- actment of this Act and ending on the earlier address the following issues on a priority tion of a strategic system of defensible fuel of the following: basis: timing of water releases, water quality profile zones, including shaded fuelbreaks, (1) The date on which the Secretary com- changes, and water yield changes over the utilizing thinning, individual tree selection, pletes amendment or revision of the land and short and long term in the pilot project area; and other methods of vegetation manage- resource management plans for Plumas Na- (B) shall be compiled in consultation with ment consistent with the Quincy Library tional Forest, Lassen National Forest, and the Quincy Library Group; and Group-Community Stability Proposal, on Tahoe National Forest pursuant to sub- (C) shall be submitted to the Congress by not less than 40,000, but not more than 60,000, section (h). July 1, 2002. acres per year. (2) The date that is five years after the (2) LIMITATIONS ON EXPENDITURES.—The (2) GROUP SELECTION AND INDIVIDUAL TREE date of the commencement of the pilot amount of Federal funds expended for the as- SELECTION.—Utilization of group selection project. sessment and report under this subsection, and individual tree selection uneven-aged (h) CORRESPONDING FOREST PLAN AMEND- other than for watershed monitoring under MENTS.—Within 180 days after the date of the forest management prescriptions described paragraph (1)(A), shall not exceed $150,000. enactment of this Act, the Regional Forester in the Quincy Library Group-Community The amount of Federal funds expended for for Region 5 shall initiate the process to Stability Proposal to achieve a desired fu- watershed monitoring under paragraph (1)(A) amend or revise the land and resource man- ture condition of all-age, multistory, fire re- shall not exceed $75,000 for each of fiscal agement plans for Plumas National Forest, silient forests as follows: years 2000, 2001, and 2002. (A) GROUP SELECTION.—Group selection on Lassen National Forest, and Tahoe National (k) RELATIONSHIP TO OTHER LAWS.—Noth- an average acreage of .57 percent of the pilot Forest. The process shall include preparation of at least one alternative that— ing in this section exempts the pilot project project area land each year of the pilot from any Federal environmental law. project. (1) incorporates the pilot project and area H.R. 1775 (B) INDIVIDUAL TREE SELECTION.—Individual designations made by subsection (b), the re- tree selection may also be utilized within the source management activities described in OFFERED BY: MR. CONYERS pilot project area. subsection (d), and other aspects of the Quin- AMENDMENT NO. 2: Page 10, after line 15, in- (3) TOTAL ACREAGE.—The total acreage on cy Library Group Community Stability Pro- sert the following new section: posal; and which resource management activities are SEC. 306. ANNUAL STATEMENT OF THE TOTAL implemented under this subsection shall not (2) makes other changes warranted by the AMOUNT OF INTELLIGENCE EX- exceed 70,000 acres each year. analyses conducted in compliance with sec- PENDITURES FOR THE CURRENT (4) RIPARIAN MANAGEMENT.—A program of tion 102(2) of the National Environmental AND SUCCEEDING FISCAL YEARS. riparian management, including wide protec- Policy Act of 1969 (42 U.S.C. 4332(2)), section At the time of submission of the budget of tion zones and an active restoration effort. 6 of the Forest and Rangeland Renewable Re- the United States Government submitted for (e) COST-EFFECTIVENESS.—In conducting sources Planning Act of 1974 (16 U.S.C. 1604), fiscal year 1999 under section 1105(a) of title the pilot project, Secretary shall use the and other applicable laws. 31, United States Code, and for each fiscal most cost-effective means available, as de- (i) REPORTING REQUIREMENTS.— year thereafter, the President shall submit termined by the Secretary, to implement re- (1) IN GENERAL.—Not later than February to Congress a separate, unclassified state- source management activities described in 28 of each year during the term of the pilot ment of the appropriations and proposed ap- subsection (d). project, the Secretary after consultation propriations for the current fiscal year, and (f) FUNDING.— with the Quincy Library Group, shall submit the amount of appropriations requested for (1) SOURCE OF FUNDS.—In conducting the to Congress a report on the status of the the fiscal year for which the budget is sub- pilot project, the Secretary shall use— pilot project. The report shall include at mitted, for national and tactical intelligence (A) those funds specifically provided to the least the following: activities, including activities carried out Forest Service by the Secretary to imple- (A) A complete accounting of the use of under the budget of the Department of De- ment resource management activities ac- funds made available under subsection fense to collect, analyze, produce, dissemi- cording to the Quincy Library Group-Com- (f)(1)(A) until such funds are fully expended. nate, or support the collection of intel- munity Stability Proposal; and (B) A complete accounting of the use of ligence. (B) excess funds that are allocated for the funds and accounts made available under H.R. 1775 administration and management of Plumas subsection (f)(1) for the previous fiscal year, National Forest, Lassen National Forest, including a schedule of the amounts drawn OFFERED BY: MR. FRANK OF MASSACHUSETTS and the Sierraville Ranger District of Tahoe from each account used to perform resource AMENDMENT NO. 3: Page 6, after line 24, in- National Forest. management activities described in sub- sert the following new section: (2) PROHIBITION ON USE OF CERTAIN FUNDS.— section (d). SEC. 105. REDUCTION IN FISCAL YEAR 1998 IN- The Secretary may not conduct the pilot (C) A description of total acres treated for TELLIGENCE BUDGET. project using funds appropriated for any each of the resource management activities (a) REDUCTION.—The amount obligated for other unit of the National Forest System. required under subsection (d), forest health activities for which funds are authorized to July 8, 1997 CONGRESSIONAL RECORD — HOUSE H4917

be appropriated by this Act (including the SEC. 306. ESTABLISHMENT OF 3-JUDGE DIVISION (j) APPLICABILITY OF SECTION.— classified Schedule of Authorizations re- OF THE UNITED STATES COURT OF (1) IN GENERAL.—This section applies to ferred to in section 102(a)) may not exceed— APPEALS FOR THE DISTRICT OF CO- claims arising on or after December 1, 1976. LUMBIA FOR DETERMINATION OF (1) the amount that the bill H.R. 1775, as (2) WAIVER OF STATUTE OF LIMITATIONS.— reported in the House of Representatives in WHETHER CASES ALLEGING BREACH OF SECRET GOVERNMENT With respect to any claim arising before the the 105th Congress, authorizes for such ac- CONTRACTS SHOULD BE TRIED IN enactment of this Act which would be barred tivities for fiscal year 1998, reduced by COURT. because of the requirements of section 2401 (2) the amount equal to 0.7 percent of such (a) ASSIGNMENT OF JUDGES.—The Chief Jus- or 2501 of title 28, United States Code, those authorization. tice of the United States shall assign 3 cir- sections shall not apply to an action brought (b) EXCEPTION.—The amounts appropriated cuit judges or justices (which may include pursuant to section 201 for the Central Intel- on such claim within 2 years after the date senior judges or retired justices) to a divi- of the enactment of this Act. ligence Agency Retirement and Disability sion of the United States Court of Appeals Fund may not be reduced by reason of sub- for the District of Columbia for the purpose H.R. 1775 section (a). of determining whether an action brought by OFFERED BY: MS. WATERS (c) TRANSFER AND REPROGRAMMING AU- a person, including a foreign national, in a THORITY.—(1) The President, in consultation AMENDMENT NO. 6: Page 10, after line 15, in- court of the United States of competent ju- with the Director of Central Intelligence and sert the following new section: risdiction for compensation for services per- the Secretary of Defense, may apply the lim- formed for the United States pursuant to a SEC. 306. STUDY OF CIA INVOLVEMENT IN THE itation required by subsection (a) by trans- secret Government contract may be tried by USE OF CHEMICAL WEAPONS IN THE ferring amounts among accounts or re- PERSIAN GULF WAR. the court. The division of the court may not programming amounts within an account, as determine that the case cannot be heard Not later than August 15, 1999, the Inspec- specified in the classified Schedule of Au- solely on the basis of the nature of the serv- tor General of the Central Intelligence Agen- thorizations referred to in section 102(a). ices to be provided under the contract. cy shall conduct, and submit to Congress in (2) Before carrying out paragraph (1), the (b) Assignment and Terms.—Not more than 1 both a classified and declassified form, a President shall submit a notification to the justice or judge or senior or retired judge study concerning Central Intelligence Agen- Permanent Select Committee on Intelligence may be assigned to the division of the court cy involvement (or knowledge thereof) of the of the House of Representatives and the Se- from a particular court. Judges and justices use of chemical weapons by enemy forces lect Committee on Intelligence of the Sen- shall be assigned to the division of the court against Armed Forces of the United States ate, which notification shall include the rea- for periods of 2-years each, the first of which during the Persian Gulf War. Such study sons for each proposed transfer or re- shall commence on the date of the enact- shall determine— programming. ment of this Act. (1) whether there is any complicity of H.R. 1775 (c) FACTORS IN DIVISION’S DELIBERATIONS.— Central Intelligence Agency agents, employ- OFFERED BY: MR. MCCOLLUM In deciding whether an action described in ees, or assets in the use of chemical weapons; AMENDMENT NO. 4: Page 10, after line 15, in- subsection (a) should be tried by the court, (2) whether there is any use of appro- sert the following new section: the division of the court shall determine priated funds for such purposes; and SEC. 306. REPORT ON INTELLIGENCE ACTIVITIES whether the information that would be dis- (3) the extent of involvement of other ele- OF THE PEOPLE’S REPUBLIC OF closed in adjudicating the action would do ments of the Intelligence Community of the CHINA. serious damage to the national security of United States or foreign intelligence agen- (a) REPORT TO CONGRESS.—Not later than 1 the United States or would compromise the cies in the use of such weapons. year after the date of the enactment of this safety and security of intelligence sources Act and annually thereafter, the Director of inside or outside the United States. If the di- H.R. 1775 Central Intelligence and the Director of the vision of the court determines that the case OFFERED BY: MS. WATERS Federal Bureau of Investigation, jointly, in may be heard, the division may prescribe AMENDMENT NO. 7: Page 10, after line 15, in- consultation with the heads of other appro- steps that the court in which the case is to sert the following new section: priate Federal agencies, including the Na- be heard shall take to protect the national tional Security Agency, and the Depart- security of the United States and intel- SEC. 306. CLANDESTINE DRUG STUDY COMMIS- ments of Defense, Justice, Treasury, and ligence sources and methods, which may in- SION. State, shall prepare and transmit to the Con- clude holding the proceedings in camera. (a) ESTABLISHMENT.—There is established a gress a report on intelligence activities of (d) REFERRAL OF CASES.—In any case in commission to be known as the ‘‘Clandestine the People’s Republic of China, directed which an action described in subsection (a) is Drug Study Commission’’ (in this section re- against or affecting the interests of the Unit- brought and otherwise complies with appli- ferred to as the ‘‘Commission’’). ed States. cable procedural and statutory require- (b) DUTIES.—The Commission shall— (b) DELIVERY OF REPORT.—The Director of ments, the court shall forthwith refer the (1) secure the expeditious disclosure of Central Intelligence and the Director of the case of the division of the court. public records relevant to the smuggling and Federal Bureau of Investigation, jointly, (e) EFFECT OF DIVISION’S DETERMINATION.— distribution of illegal drugs into and within shall transmit classified and unclassified If the division of the court determines under the United States by the Central Intelligence versions of the report to the Speaker and mi- this section that an action should be tried by Agency or others on their behalf or associ- nority leader of the House of Representa- the court, that court shall proceed with the ated with the Central Intelligence Agency; trial of the action, notwithstanding any tives, the majority and minority leaders of (2) report on the steps necessary to eradi- the Senate, the Chairman and Ranking Mem- other provision of law. (f) OTHER JUDICIAL ASSIGNMENTS NOT cate any Central Intelligence Agency in- ber of the Permanent Select Committee on volvement with drugs or those identified by Intelligence of the House of Representatives, BARRED.—Assignment of a justice or judge to the division of the court under subsection (a) Federal law enforcement agencies as drug and the Chairman and Vice-Chairman of the smugglers; and Select Committee on Intelligence of the Sen- shall not be a bar to other judicial assign- (3) recommend appropriate criminal sanc- ate. ments during the 2-year term of such justice tions for the involvement of Central Intel- (c) CONTENTS OF REPORT.—Each report or judge. under subsection (a) shall include informa- (g) VACANCIES.—Any vacancy in the divi- ligence Agency employees involved in drug tion concerning the following: sion of the court shall be filled only for the trafficking or the failure of such employees (1) Political, military, and economic espio- remainder of the 2-year period within which to report their superiors (or other appro- nage. such vacancy occurs and in the same manner priate supervisory officials) knowledge of (2) Intelligence activities designed to gain as the original appointment was made. drug smuggling into or within the United political influence, including activities un- (h) SUPPORT SERVICES.—The Clerk of the States. dertaken or coordinated by the United Front United States Court of Appeals for the Dis- (c) MEMBERSHIP.—The Commission shall be Works Department of the Chinese Com- trict of Columbia Circuit shall serve as the comprised of nine members appointed by the munist Party. clerk of the division of the court and shall Attorney General of the United States for (3) Efforts to gain direct or indirect influ- provide such services as are needed by the di- the life of the Commission. Members shall ence through commercial or noncommercial vision of the court. obtain a security clearance as a condition of intermediaries subject to control by the Peo- (i) DEFINITIONS.—For purposes of this sec- appointment. Members may not be current ple’s Republic of China, including enterprises tion— or former officers or employees of the United (1) the term ‘‘secret Government contract’’ controlled by the People’s Liberation Army. States. means a contract, whether express or im- (4) Disinformation and press manipulation (d) COMPENSATION.—Members of the Com- by the People’s Republic of China with re- plied, that is entered into with a member of the intelligence community, to perform ac- mission shall serve without pay but shall spect to the United States, including activi- each be entitled to receive travel expenses, ties undertaken or coordinated by the United tivities subject to the reporting require- ments of title V of the National Security Act including per diem in lieu of subsistence, in Front Works Department of the Chinese accordance with sections 5702 and 5703 of Communist Party. of 1947 (50 U.S.C. 413 and following); and (2) the term ‘‘member of the intelligence title 5, United States Code. H.R. 1775 community’’ means any entity in the intel- (e) QUORUM.—A majority of the Members of OFFERED BY: MR. TRAFICANT ligence community as defined in section 3(4) the Commission shall constitute a quorum. AMENDMENT NO. 5: Page 10, after line 15, in- of the National Security Act of 1947 (50 (f) CHAIRPERSON; VICE CHAIRPERSON.—The sert the following new section: U.S.C. App. 401a(4)). Chairperson and Vice Chairperson of the H4918 CONGRESSIONAL RECORD — HOUSE July 8, 1997

Commission shall be elected by the members failure to obey the order of the court may be (j) CONTRACT AUTHORITY.—The Commission of the Commission. punished by the court as civil contempt. may enter into and perform such contracts, (g) OBTAINING OFFICIAL DATA.—The Com- (3) SERVICE OF SUBPOENAS.—The subpoenas leases, cooperative agreements, and other mission may secure directly from any de- of the Commission shall be served in the transactions as may be necessary in the con- partment or agency of the United States in- manner provided for subpoenas issued by a duct of the functions of the Commission with formation necessary to enable it to carry out United States district court under the Fed- any public agency or with any person. this section. Upon request of the Chairperson eral Rules of Civil procedure for the United (k) REPORT.—The Commission shall trans- or Vice Chairperson of the Commission, the States district courts. mit a report to the President, Attorney Gen- head of that department or agency shall fur- (4) SERVICE OF PROCESS.—All process of any eral of the United States, and the Congress nish that information to the Commission. court to which application is to be made not later than three years after the date of (h) SUBPOENA POWER.— under paragraph (2) may be served in the ju- (1) IN GENERAL.—The Commission may dicial district in which the person required the enactment of this Act. The report shall issue subpoenas requiring the attendance to be served resides or may be found. contain a detailed statement of the findings and testimony of witnesses and the produc- (i) IMMUNITY.—The Commission is an agen- and conclusions of the Commission, together tion of any evidence relating to any matter cy of the United States for the purpose of with its recommendations for such legisla- which the Commission is empowered to in- part V of title 18, United States Code (relat- tion and administrative actions as the Com- vestigate by this section. The attendance of ing to immunity of witnesses). Except as mission considers appropriate. witnesses and the production of evidence provided in this subsection, a person may (l) TERMINATION.—The Commission shall may be required from any place within the not be excused from testifying or from pro- terminate on upon the submission of report United States at any designated place of ducing evidence pursuant to a subpoena on pursuant to subsection (k). hearing within the United States. the ground that the testimony or evidence (m) AUTHORIZATION OF APPROPRIATIONS.— (2) FAILURE TO OBEY A SUBPOENA.—If a per- required by the subpoena may tend to in- There is authorized to be appropriated son refuses to obey a subpoena issued under criminate or subject that person to criminal $750,000 to carry out this section. paragraph (1), the Commission may apply to prosecution. A person, after having claimed a United States district court for an order the privilege against self-incrimination, may H.R. 2107 requiring that person to appear before the not be criminally prosecuted by reason of OFFERED BY: MR. GUTIERREZ Commission to give testimony, produce evi- any transaction, matter, or thing which that dence, or both, relating to the matter under person is compelled to testify about or AMENDMENT NO. 1: Page 2, line 13, strike investigation. The application may be made produce evidence relating to, except that the ‘‘$581,591,000’’ and insert in lieu thereof within the judicial district where the hear- person may be prosecuted for perjury com- ‘‘$576,939,000’’. ing is conducted or where that person is mitted during the testimony or made in the Page 60, line 20, strike ‘‘$636,766,000’’ and found, resides, or transacts business. Any evidence. insert in lieu thereof ‘‘$638,866,000’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JULY 8, 1997 No. 95 Senate The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING Mr. THOMAS. Mr. President, reserv- called to order by the President pro MAJORITY LEADER ing the right to object, what is the tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The time allocation? able acting majority leader is recog- The PRESIDING OFFICER. The time PRAYER nized. allocation is for not to exceed 5 min- The Chaplain, Dr. Lloyd John f utes each. The Senator from Wisconsin Ogilvie, offered the following prayer: does have, under the previous order, 15 As we watch the movements of So- SCHEDULE minutes. journer from Pathfinder on Mars, we Mr. THOMAS. Thank you, Mr. Presi- The Senator from Wisconsin [Mr. exclaim with the Psalmist, ‘‘When I dent. Today following morning busi- FEINGOLD] is recognized. consider Your heavens, the work of ness, the Senate will resume consider- Mr. FEINGOLD. Thank you, Mr. Your fingers, the moon and the stars, ation of S. 936, the defense authoriza- President. which You have ordained, what is man tion bill. As previously ordered, from that You are mindful of him and the 12:30 until 2:15 p.m., the Senate will f son of man that You visit him? For stand in recess for the weekly policy You have made him a little lower than luncheons. At 2:15, the Senate will pro- THE NEED FOR CAMPAIGN the angels and You have crowned him ceed to a cloture vote on the defense FINANCE REFORM with glory and honor. You have made authorization bill. The majority leader Mr. FEINGOLD. It was just about 1 him to have dominion over the works is hopeful that cloture can be invoked year ago, Mr. President, last June, of Your hands’’.—Psalm 8:3–6. so that the Senate can complete action when I stood here on the Senate floor O Yahweh, our Adonai, how excellent on the defense bill this week. with the senior Senator from Arizona, is Your name in all the Earth and the As a reminder, Senators have until Senator MCCAIN, and others, and par- farthest reaches of the Earth’s uni- 12:30 today to file second-degree ticipated in a somewhat abbreviated verse. You are Sovereign of universes amendments on the defense bill. On be- debate on the need for meaningful, bi- within universes. We praise You that half of the majority leader, I remind partisan campaign reform. You have enabled us to reach out into all Senators that we are now in a busy We discussed several issues during space to behold Your majesty and come legislative period prior to the August that debate, Mr. President. We talked to grips with the magnitude of the recess. The appropriations process has about the 1994 elections and the result- realm of dominion You have entrusted begun and Senators should now expect ing record amount of campaign spend- to us. Our eyes have been glued to our rollcall votes occurring Monday ing in that election. television sets to witness the awesome through Friday of each week. I thank We had a chance to talk briefly about achievement of landing Pathfinder on my colleagues for their attention. how one candidate for the U.S. Senate Mars and we have seen the venture of f had spent $30 million of his own money rover Sojourner on Martian rock after RESERVATION OF LEADER TIME to try and win a California Senate seat. a 309-million-mile, 7-month journey We talked about how the average The PRESIDING OFFICER (Mr. from Earth. Guide our space scientists amount of money spent by a winning INHOFE). Under the previous order, as they gather information about Mars 1994 Senate candidate had, unfortu- leadership time is reserved. and we are reminded of the reaches of nately, reached over $4.6 million. We Your Lordship. f talked about the damaging effect that And meanwhile, back to the planet MORNING BUSINESS the unabated flow of campaign cash Earth, back to the problems and poten- The PRESIDING OFFICER. Under had on our political system as well as tials we face, and back to the U.S. Sen- the previous order, there will now be a on the public perceptions of this insti- ate where You empower the leaders of period for the transaction of morning tution. humankind to grapple with the chal- business not to extend beyond the hour In response to all of that, interest- lenges, and grasp the opportunities in of 11 a.m., with Senators permitted to ingly, we were told by opponents of re- our time and in our space. As we work speak therein for up to 5 minutes each. form that all was well, that spiraling today, remind us that You created Mr. FEINGOLD addressed the Chair. campaign spending would somehow Mars and the Earth and will direct us The PRESIDING OFFICER. The Sen- strengthen our democracy, and that to solutions to the complex problems ator from Wisconsin is recognized. our system was far from crying out for we face. We bless and praise You for Mr. FEINGOLD. I ask unanimous reform. the privilege, Creator, Redeemer, and consent to speak as in morning busi- And then, on a quiet Tuesday after- Lord of Lords. Amen. ness for 15 minutes. noon, after a few paltry hours of debate

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

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VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6956 CONGRESSIONAL RECORD — SENATE July 8, 1997 and absolutely no opportunity for Sen- Mr. President, while Rome burns and It is these multihundred-thousand- ators to offer amendments, the bipar- our campaign finance system crumbles dollar campaign contributions that tisan McCain-Feingold reform bill fell all around us, the junior Senator from were, more than anything else, at the six votes short of breaking a filibuster, Kentucky characterizes the chaos of root of the abuses and outrage stem- and that was done effectively by the the 1996 elections as a healthy sign of a ming from the 1996 elections. Individ- guardians of the status quo. vibrant democracy. uals and organizations certainly should That was a year ago, Mr. President. Mr. President, as the U.S. Senate have the opportunity to contribute to Although our opponents continue to continues to duck and weave and dodge their parties with funds that can be proclaim that all is well and reform is around the issue of campaign finance used for Federal elections. But all of not a priority, the evidence from the reform, the American people are be- those funds, Mr. President, should be 1996 campaign stands in stark contrast coming more and more convinced that raised and spent within the scope and to the declarations of those who are we here in this body do not have the context of Federal election law. trying to defend the indefensible. courage or the will to reform a system Finally, Mr. President, we must have Last year, according to the Wash- that has provided Members of this in- provisions in this reform legislation ington Post, candidates and parties stitution with a consistent reelection that encourage candidates to spend less spent a record amount of money on rate of well over 90 percent. money on their campaigns and, if we Federal elections—$2.7 billion. Mr. As we all know, Mr. President, this can, to encourage them to raise most President, $2.7 billion was spent on week hearings will begin in the Gov- of their campaign funds from the peo- those elections, which is an all-time ernmental Affairs Committee on the ple they intend to represent in their record. This record amount of cam- abuses and possible illegalities that oc- district or State. paign spending, I assume, is exactly curred in the last election. I can think We have to provide candidates, and what the opponents of reform, includ- of no better time for us to make a particularly challengers who have less ing the Speaker of the other body and major step forward to fundamentally access to large financial resources, the junior Senator from Kentucky had overhaul our failed election laws. with the tools and means to effectively really hoped would happen. Opponents of reform will surely as- convey their message, without having Recall Speaker GINGRICH’s words sert that we should wait until the con- to raise and spend millions of dollars. from the last Congress: clusion of these hearings before we con- Unless we take fundamental steps to One of the greatest myths in modern poli- sider reform legislation, so we can ade- change the 90 to 95 percent reelection tics is that campaigns are too expensive. The quately identify the loopholes and the rates for incumbents that are seem- political process, in fact, is not overfunded, but underfunded. gaps and holes in our campaign finance ingly enshrined under current election laws, the American people will justifi- My distinguished colleague from system. But, Mr. President, in the last ably perceive such reform as little Kentucky, referring to the 1996 election 10 years on this issue alone, we have more than one more incumbent protec- said: had 15 reports by 6 different congres- sional committees, over 1,000 pages of tion plan. I look on all that election activity as a Mr. President, the senior Senator healthy sign of a vibrant democracy. committee reports, 29 sets of hearings, from Arizona and I have waited quite Well, Mr. President, back here on 49 days of testimony, over 6,700 pages of hearings, 522 witnesses, 446 different patiently for the opportunity to have planet Earth, and back home in my this historic debate. It is my hope that State of Wisconsin, the American peo- legislative proposals, more than 3,300 floor speeches, 76 CRS reports, 113 Sen- we can sit down with the majority ple have a very different view. They are leader in the coming days and begin disgusted by our current campaign fi- ate votes, and 17 different filibusters. So I think it is safe to assume that the process of bringing such a meaning- nance system. They are appalled at the ful discussion to the Senate floor in the insane amount of money that is being we have probably reviewed this issue more than almost any other issue next few weeks. spent on democratic elections. And not I look forward to that discussion, and surprisingly, they told us how appalled pending before this body. So, Mr. President, it is time now for I hope that it will eventually lead to they are by staying home in huge num- passage of bipartisan reform legisla- bers last November. In fact, fewer serious consideration of reform legisla- tion. I have joined with the senior Sen- tion that will result in what I like to Americans turned out to vote in 1996 call moderate, mutual disarmament. than in any Presidential election year ator from Arizona, and others, in au- thoring the only comprehensive, bipar- I thank the Chair and I yield the in the last 72 years. floor. There are mountains of evidence tisan plan to be introduced in the Sen- ate this year. Mr. THOMAS addressed the Chair. demonstrating the failure of current The PRESIDING OFFICER. The Sen- election laws. Poll after poll dem- Mr. President, we are very aware that this bill is not perfect. Some have ator from Wyoming. onstrates the mistrust and cynicism Mr. THOMAS. Mr. President, I think voiced their concerns or objections the public feels toward this institution we have 30 minutes set aside. as a result of large campaign contribu- about this or that provision, or have The PRESIDING OFFICER. The Sen- tions. criticized the legislation for not ad- ator from Wyoming is recognized. The newspapers and nightly news dressing particular areas. As we have Under a previous order, the majority programs are brimming with reports of said—and I think as we have shown all leader or his designee is to be recog- election scandals, with charges and along—this legislation is primarily a nized to speak for 30 minutes. countercharges of abuse and illegality vehicle for reform, and we are more The Senator from Wyoming is recog- filling the headlines every day. than willing to consider additions, de- nized. Scores of candidates—including letions, or modifications to the pack- Mr. THOMAS. Thank you, Mr. Presi- many current officeholders—are choos- age. dent. We do have some bottom lines, ing not to run for office principally be- f cause of the millions of dollars needed though. First, we should have a full for a campaign for the U.S. Senate. In and robust debate on the issue, with all ORDER FOR CLOTURE VOTE AT 3 fact, the theory that unlimited cam- Senators having the opportunity both P.M. paign spending produces competitive to debate the many complicated issues Mr. THOMAS. Mr. President, may I elections has been completely discred- involved here and, also, to have the op- first, in behalf of the leader, ask unani- ited, as the average margin of victory portunity they didn’t have last year to mous consent that the previously or- in Senate elections last year was 17 offer amendments. dered cloture vote now occur at 3 p.m. percent. Second, it is imperative that any leg- today. Let me repeat that, Mr. President. islative vehicle ban on so-called party The PRESIDING OFFICER. Without Not only did 95 percent of incumbent soft money. These are the monstrous, objection, it is so ordered. Senators win reelection last November, unlimited and unregulated contribu- Mr. THOMAS. For the information of most of these elections weren’t even tions that have poured in from labor all Senators, the cloture vote earlier close. On average, 17 percentage points unions, corporations, and wealthy indi- scheduled at 2:15 will now occur at 3 separated the winners from the losers. viduals to the political parties. p.m.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6957 Thank you, Mr. President. political class warfare. It seems to me and again this morning held by the f if there is one office in the Cabinet Vice President and Secretary Rubin. I that ought to be one that you can sort have the highest regard for Vice Presi- TAX RELIEF of depend on for facts, that it ought to dent Gore and Secretary Rubin, but I Mr. THOMAS. Mr. President, I want be the person who is in charge of mone- was astounded that much of the focus to take this time—and I am sure some tary policy, who is in charge of our in that news conference was not about of my colleagues will join me—to talk money. Unfortunately, that has not tax relief for the average middle-class a little bit about one of the items that been the case. I hope that it changes. American. It was about brownfields. It has been before us and will continue to The idea that some opposition, those was about inner cities. It was about be before us that I think is probably who really do not want tax relief has other policies. the premier legislature, and that is tax been to make it a class warfare thing. This policy is about providing Ameri- relief. And indeed it isn’t. cans tax relief, providing relief for the I hope, as we move toward the con- According to Robert Novak, in his ar- forgotten American. ference committee agreement and as ticle, economist Gary Robbins showed The bill that we passed in this body 2 we move toward voting again in the that 75 percent of the tax cuts go to weeks ago, and the bill that was passed Senate and in the House on tax relief, people who make $57,000 or less in ad- in the House 2 weeks ago, is not per- that we will keep in mind the big pic- justed income. I think that is inter- fect, but it is a very significant first ture; the idea that American taxpayers esting. Those are the people who pay 38 step. As my friend and colleague from are working harder than ever before, percent of the total taxes. Taxpayers Wyoming just said, it is the first sig- and the concept and the fact that the who get more than $200,000 in income nificant tax relief legislation in 16 typical family is now paying more in would get but one dime of relief for years. taxes than they do for food, shelter, every $100 in total taxes. We are here to do the Nation’s busi- and clothing. Too many families have This is not a tax break for the rich. ness. We are here to focus on the aver- to rely on two incomes, partially be- Interestingly enough, in the same arti- age man and woman who pay their cause of the burden of taxes. The typ- cle he indicates—this is a congressional taxes, raise their family, and need to ical worker faces nearly 3 hours of an Joint Economic Committee using keep more of their income. You heard 8-hour day to pay their taxes. Treasury data—that the upper fifth of all of the numbers. You heard the sta- So that is what we are talking about. income now pays 63 percent of all in- tistics. But I think it is worth noting Of course, it is appropriate to talk come taxes. After the proposed tax that we talk a little bit about what is about and of course it is appropriate to cuts, the figure remains exactly 63 per- in fact—in fact, not theory, not fab- debate how this tax relief is designed. cent. rication, not imputed income, not But we ought to keep in mind that we Similarly, the share paid by the bot- phony economic tax models that we are are talking about for the first time in tom two-fifths of the income earners hearing from some corners—but in fact 10 years significant reductions in remains unchanged. what is in this bill. Let’s just take a This is not a tax break for the rich. taxes—tax relief for American families. moment to review some of this. We will hear some things about the What are we talking about? First of This is about helping the 6 in 10 tax cuts for the rich. Actually, 75 per- all, a child tax credit; $500 per child tax Americans who must file Federal tax cent of the taxes, as I said, go to fami- returns, the people who work hard to credit, so the families can use their lies who make less than $75,000. Fami- make a good life for themselves, their own money to spend in their own way lies with two kids making $30,000 a families, and their communities. to support their own children. year, their tax bill will be cut in half; It is about helping the 3 in 4 Ameri- We are talking about educational tax less than half. cans who file tax returns and earn less incentives; tax credits so that tuition So, Mr. President, we have the first than $50,000 a year. Three-fourths of all for higher education can be offset with opportunity since early in the 1980’s to taxpayers make less than $50,000 a tax credits. We are talking about the have some tax relief for people who are year. In fact, three-fourths of all the reduction so that families can send heavily burdened with taxes. tax cuts in the Taxpayer Relief Act their kids to college. If in fact the era of big Government that the Senate and the House passed We are talking about retirement sav- is over, then we need to have big taxes overwhelmingly in a very strong, bi- ings; IRA’s to encourage savings to to be over as well. We have the highest partisan way go to people making less cause people to prepare for their old percentage of gross national product than $75,000 a year. age, to be able to put away money and paid now in taxes in history —the high- This act has a number of provisions have incentive to do that by the incen- est percentage. that will help families, small busi- tive of providing for tax-free savings. So, as we move away from big Gov- nesses, students, farmers, ranchers, Capital gains reduction; taxes on cap- ernment, we ought to allow American and single parents who earn less than ital gains to be reduced in order to en- families to spend more of their own $75,000 a year. Couples earning less courage investment so that we could money. than $110,000 will get the full benefit of create jobs and so we create an econ- Mr. President, I yield to my friend the family tax relief in this bill. omy that is healthy and robust. from Nebraska. Parents with children age 12 and Estate and gift tax relief. I happen to The PRESIDING OFFICER. The Sen- under get a $500 per child tax credit come from a State where there are a ator from Nebraska is recognized. against their taxes—keeping more of large number of small businesses, Mr. HAGEL. Mr. President, I thank their money. Parents with children where we have lots of farmers and my friend and colleague from Wyoming ages 13 to 16 also get a tax credit. The ranches, and families work their entire for an opportunity to speak this morn- Taxpayer Relief Act allows parents to lives to put together a business or put ing about something that is rather im- set up special tax-deferred savings ac- together a farm or ranch, and when the portant to Americans, all Americans, counts to help with their children’s time comes when there is a death in Americans who pay the bill, the forgot- education. It allows single people with the family, they often have to sell ten American, I think, as we enter this incomes under $50,000 and couples with these assets to pay 50 percent in taxes. next phase of debate in this country incomes under a $100,000 a tax credit That ought to be changed. about tax relief. Make no mistake, Mr. for part of their children’s college ex- So I hope we can focus on those President, this is what it is about. This penses. things that are beneficial and those is not about social tinkering. It is not Mr. President, come on. This is not a things that are useful. I hope we don’t about environmental policy. It is about rich person’s tax bill. This is a middle- allow this idea to be politicized. I hope tax relief—tax relief for those people class, average-American tax bill. And we don’t allow ourselves to enter into who pay taxes, those people who have anyone who says to the contrary this political class conflict which, been footing the bill in this country for doesn’t understand what we are doing frankly, the administration is moving a long time. So, let’s first of all put here. toward. this in perspective. This also allows recent college grad- I was disappointed that the Secretary I say that especially in light of the uates who are struggling to get estab- of the Treasury has gotten into sort of news conference that I saw yesterday lished to deduct up to $2,500 in student

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6958 CONGRESSIONAL RECORD — SENATE July 8, 1997 loan interest payments during each of here and feel very passionate about result from the high cost of Govern- their first few years after graduation. this and come more recently talking in ment regulation, and a family today Capital gains tax cuts will help any- behalf of people who are paying taxes. gives up more than 50 percent—50 per- one who owns property—not rich peo- That is great. I appreciate it. cent—of its annual income to the Gov- ple. Come on. Anyone who owns prop- Another Senator who has worked ernment. erty is affected by the capital gains tax most diligently on tax relief since he So all we are saying is let us allow in this country. A capital gains tax cut has been in the Senate is the Senator the working people of this Nation to helps middle-class Americans. Fifty-six from Minnesota. I yield 5 minutes to keep a little bit more of their own percent of all tax returns reporting him. money in their pockets. capital gains come from taxpayers with The PRESIDING OFFICER. The Sen- It is hard to believe that there are total incomes below $50,000. We move ator from Minnesota is recognized to some who say we are offering too much in this bill capital gains taxes from 28 speak for 5 minutes. in the way of tax relief in our Senate percent to 20 percent. Mr. GRAMS. Thank you, Mr. Presi- budget plan, and that is just plain Estate tax cuts will help millions of dent. wrong. Working families are not get- Americans. Both the House and Senate Mr. President, Washington has un- ting nearly the amount of tax relief we bills raised the estate tax exemptions dergone a remarkable transformation promised them. to $1 million. It is not perfect. We need since the people of Minnesota first sent Over the next 5 years, as we know, me here in 1993. Back then, no one was more. Of course, we do. But it is a the Federal Government will take in talking about tax relief. Certainly no good, strong beginning. It is a start. about $8.7 trillion in taxes from the one was talking about family tax re- We need to phase these out. These es- American people. What we are asking lief. And with both the White House tate taxes are not only unfair but they in this bill is just that 1 cent of every and Congress under Democratic con- are un-American. You work all of your dollar the Government plans to take trol, the chances were slim that we life. You work hard. You pay taxes. from the taxpayer be left in their would ever have an opportunity to give And at the end automatically the Gov- hands. working Americans the tax relief they ernment comes in and takes half of That is what the $500-per-child tax so desperately need. credit and other tax cuts are all about, your estate. My good friend and colleague from You tell me, Mr. President, where and that is making sure that a penny Arkansas, Senator HUTCHINSON, and I earned by working Americans would be that is fair. Some people think it is. I were freshman Members of the House a penny kept. don’t. I don’t think most Americans in 1993 when we came together to de- Unfortunately, by imposing severe think it is fair. velop a budget proposal that could restrictions on who can receive it, the There are many, many other tax pro- serve as the taxpayers’ alternative to $500-per-child tax credit proposal visions in this bill to help farmers with the higher taxes and bigger govern- passed by the Senate falls still well livestock killed by severe weather and ment plan offered by President Clinton. farmers hurt by unwarranted IRS rul- The key component of our legislation short of delivering meaningful tax re- ings regarding the alternative min- at that time was family tax relief, and lief to working families that are trying imum tax. Truckers are restored with that was through the $500-per-child tax to raise children. The $500-per-child tax credit that I the business meal deduction to 80 per- credit. cent. We were able to convince the House introduced originally says families are These are not rich people. and the Senate leadership to make our eligible for the credit as long as their This bill helps small businesses by families-first bill—with the $500-per- children are under the age of 18. The delaying a new, burdensome require- child tax credit as its centerpiece—the bill passed by the Senate, however, ment that they file their income tax Republican budget alternative back in cuts the tax credit once a child reaches returns on anything other than elec- 1994. That November it became known the age of 13. If your children are be- tronic payroll tax means. as the crown jewel of the Contract tween the ages of 13 and 16, the Senate It helps universities and other re- With America. The Washington crowd bill says we will give you a tax credit searchers by extending the research was finally beginning to listen to the but only if you spend it the way Wash- and experimentation tax credit. people and to talk about tax relief. In ington thinks it should be spent. In It helps people suffering from rare 1995, the $500-per-child tax credit this case, it would have to be spent on diseases by permanently extending the seemed certain to finally be passed education. orphan drug tax credit. into law, with a Republican congres- I applaud the parents who take the This is real America. This is for real sional majority and a President who $500-per-child tax credit and dedicate it Americans. had campaigned at that time on family to their child’s college education fund, We need to pass this tax relief bill. tax relief. Unfortunately, however, it but that is a decision that belongs with None of us likes everything in this bill. never made it past the President’s parents, not with Washington. But we can either squabble ourselves desk. It is not our place to tell families into total stalemate or we can pass In 1996, the voters again asked us to what they can and what they cannot do this bill and get the first real tax cuts enact the taxpayers’ agenda, but this with their own money. Some may elect since 1981. time they wanted Congress and the to spend that $500 on braces for their Congress needs to reconcile this, President to come together to com- child or groceries or maybe health in- move ahead in our conference, and send plete the work that we started in the surance, and that is fine because it is it to the President. He needs to sign it. 104th Congress. So this May, both their money. An unrestricted $500-per- America expects us to do this business. President Clinton and the congres- child tax credit takes the power out of Mr. President, we have a responsibility sional leadership agreed on a number of the hands of Washington’s big spend- and an obligation to do America’s busi- tax-cutting measures built around the ers, and it would put it back where it ness. $500-per-child tax credit. The House could do the most good, and that is I encourage my colleagues in the U.S. and Senate passed them in a reconcili- with families. Senate and in the House to do the right ation package just before the Fourth of The second unreasonable restriction thing and vote for a conference report July recess. in the Senate bill was to deny the child and bring real tax relief to the Amer- Mr. President, working families need tax credit to families with children at ican public. tax relief today more than ever, and the age of 17. According to the Agri- Mr. President, I yield the floor. Minnesotans have asked me to make it culture Department, this age group is Mr. THOMAS addressed the Chair. a top priority because taxes dominate the most expensive one in the typical The PRESIDING OFFICER. The Sen- the family budget. In fact, a survey middle-income household, and it makes ator from Wyoming. just released in Minnesota last week no sense to cut off the tax relief just Mr. THOMAS. Mr. President, I think showed that the main concern of Min- when working families need it most. it is interesting that new Members, nesota families was taxes. The hard-working families of Min- such as the Senator from Nebraska, Now, you factor in State and local nesota and the Nation have been wait- who come from the private sector come taxes and also those hidden taxes that ing far too long since Congress last cut

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6959 their taxes—16 years ago. And we have I have to credit a Democrat with the wanted and to be able to pass that yet to prove to them that we under- whole idea that you can increase rev- wealth on from generation to genera- stand and, more importantly, we appre- enue by cutting taxes, exactly what we tion. And it was so great, the wealth ciate the hardships they face every are trying to do, looking at taxes in that was accumulated as a result of day. I know we cannot increase the general. President Kennedy said in that, that in one of his letters back level of tax relief we are offering in the 1962, and this is a direct quote: home John Smith said, now 1 farmer fiscal 1998 budget, but I urge my col- It is a paradoxical truth that tax rates are can grow more corn than 10 could be- leagues, the conferees, to take what- too high today and tax revenues are too low, fore—because of that freedom that ever steps they can to repair the $500- and the soundest way to raise the revenues they had to be able to pass it on. It is per-child tax credit so that it benefits in the long run is to cut rates now. called productivity, motivation, know- the maximum number of Americans. The soundest way to raise revenues is ing the Government is not going to This debate will be revisited many to cut rates now. That is exactly what come in and take the money away from times in the months ahead and the we are trying to do. And we remember you that you have worked so hard to years ahead, and I look forward to what happened during the Kennedy ad- pass on to future generations. working again with my fellow Senators ministration. The first year he was in Mr. President, I have six grand- to finally deliver on the tax relief office, the total revenues that came in children, four children. I quit working promise that we made to the people. to support government, that we used to for me. The motivation is for the fu- I thank the Chair. I yield the floor. spend on government, amounted to $79 ture generations. When the estate tax Mr. INHOFE addressed the Chair. billion. After he went through his se- was first formed, it was formed as a The PRESIDING OFFICER (Mr. ries of tax reductions, it had grown to temporary tax. The maximum rate was THOMAS). The Senator from Oklahoma. $112 billion. We remember what hap- 10 percent, and it was supposed to be Mr. INHOFE. Mr. President, first of pened during the Reagan administra- dropped down. all, I wish to thank you and those who tion. And we always hear from the I conclude by reading something that are participating in this discussion for other side that the Reagan administra- I found, an excerpt from a 1996 Heritage bringing this up. This is a very difficult tion came up with tax cuts and the Foundation study that said if the es- and frustrating time for all of us, and deficits went up. tate tax were repealed, over the next 9 I think the Senator from Nebraska, Mr. Well, sure, the deficits went up—not years the Nation’s economy would av- HAGEL, gave a pretty good outline of because of the tax cuts but because the erage as much as $1.1 billion per year what this is all about, what we want to liberals who dominated the Congress at in extra output and an average of accomplish, and what we have offered. that time voted for more government 145,000 additional jobs would be cre- And when I say ‘‘we,’’ I am not talking spending. And so in 1980, the total reve- ated, personal income would rise by an about the Republican Party. I am talk- nues that came in to run Government average of $8 billion per year above ing about Congress. current projections, and the deficit To put it in perspective, the House amounted to $517 billion. In 1990, the total revenues that came in were $1.03 would actually decline due to the passed the tax cut bill on June 26—just growth generated by its abolishment. June 26—and it passed by a fairly sub- trillion. It exactly doubled during that 10-year period. So I think we need to reject the stantial margin, 253 to 179. There was a failed notion that has been proposed substitute that was offered by Con- Now, what happened during that 10- year period? During that 10-year pe- and stated over and over again by gressman RANGEL that has come in the riod, we had the largest tax reductions members of this administration, in- nature of what the President is an- cluding Laura Tyson and the President nouncing now, and it was rejected by in contemporary history. It has been shown—in fact, if you look at marginal himself, that we need to raise taxes 197 to 235. Then the Senate, on the fol- and not lower taxes. We could actually lowing day, June 27, passed a tax cut tax rates, the revenues developed in 1980 were $244 billion; in 1990, it was raise revenues by lowering tax rates, bill 80 to 18. When the minority leader, and that is exactly what we intend to Senator DASCHLE, offered a substitute, $466 billion. And that happened during the time the tax rates were cut. So we do and should do for ourselves, for the it was rejected 38 to 61. American people and for our country. So we went through a long and ardu- know that we can increase revenues by reducing taxes and also relieve the bur- I yield the floor. ous process of having 29 amendments. The PRESIDING OFFICER. The Sen- den on the American people to allow We finally came up with a product, and ator from Washington is recognized to them to have more money—and not the we went out for the Fourth of July re- speak for up to 10 minutes. cess. And after we were out, the Presi- rich. We know better than that. We Mrs. MURRAY. I thank the Chair. have been playing that game and dent announced a different, totally dif- f ferent tax cut plan while Congress was demagoging it for so long now that I out of town, when we did not have any think the American people are aware FUNDING ENVIRONMENTAL chance to react to it, and now he is we are not talking about the rich. CLEANUP saying that he wants his plan. His plan With just a couple minutes remain- Mrs. MURRAY. Mr. President, as a doesn’t really provide tax cuts that are ing, I want to be more specific as to country we have congratulated our- meaningful and will have a positive ef- one of the particular tax cuts I feel selves time and time again on our enor- fect on our economy. very strongly about. In fact, Mr. Presi- mous victory in winning the cold war. I have to ask the question, Mr. Presi- dent, you had made a comment about But today I want to remind my col- dent, what has happened to the Demo- some of the farms in Wyoming. I had leagues that the cold war was won at a crats in their philosophy? The whole the same experience over the break. I cost, a very steep cost, and one of the idea that we can cut taxes and increase was down in Lawton, OK, and I had a biggest debts owed remains unpaid: the revenue is not a Republican idea, and guy come up to me saying they were environmental devastation created at yet it is totally rejected by this admin- selling their family farm to a corporate places like Hanford Nuclear Reserva- istration. I can remember when Presi- farm because they could not get the tion in south-central Washington dent Clinton was first elected. His chief price for some of their acreage in order State. financial adviser, Laura Tyson, was to pay the estate taxes, and that’s hap- Later today, the Energy and Water quoted as having said there is no rela- pening all over the country. They say, Development Appropriations Sub- tionship between the level of taxes that what is happening to the family-owned committee will mark up its fiscal year a country pays and its economic pro- farm? That is what is happening. 1998 appropriations bill. We will have a ductivity. I remember in our history, when this lot of work to do to make up the short- I suggest that if that is true, if you country was first founded and the pil- falls found in both the Senate Armed carry that to its logical extreme, you grims came over here and risked their Services defense authorization bill and could tax everybody 100 percent and lives—half of them did die—they came the House national defense authoriza- they will work just as hard, but we over for economic and for religious tion bill. Rather than funding the know that does not happen. And up freedom. When they got over here, they cleanup bills, the authorizing commit- until this administration, the Demo- established a system where each one tees have taken nearly $1 billion—bil- crats knew that that could not happen. had a plot of land to do with as he lion—from the defense environmental

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6960 CONGRESSIONAL RECORD — SENATE July 8, 1997 management accounts of the Depart- initial stage of characterization and re- hundred fifty-five billion, nine hundred ment of Energy and moved them into mediation of the tank waste. The off- fifteen million, one hundred thousand, procurement and other Department of sets come from noncleanup programs five hundred seventy-three dollars and Defense accounts. and another privatization effort within fifty-eight cents) Let me tell you the effect this move the Departments of Energy and De- Five years ago, July 7, 1992, the Fed- will have on one place in my State. fense. eral debt stood at $3,970,574,000,000. Probably the single biggest environ- Mr. President, I am talking about (Three trillion, nine hundred seventy mental problem on any of our former deadly risks to human health and the billion, five hundred seventy-four mil- defense nuclear weapons sites is the 177 environment, and so far, this Congress lion) storage tanks filled with chemical and is choosing to ignore them. Simply Ten years ago, July 7, 1987, the Fed- high-level radioactive waste at Han- wishing that these enormously costly eral debt stood at $2,326,212,000,000. ford. Each of these tanks contains from projects will go away will not make (Two trillion, three hundred twenty-six a half million to a million gallons of them disappear. It will only make billion, two hundred twelve million) toxic waste. Some of that waste is rock them worse and more costly to clean Fifteen years ago, July 7, 1982, the solid, some of it is soupy sludge, some up later. Federal debt stood at $1,071,078,000,000. of it is liquid, and some is poisonous The Department of Energy has pro- (One trillion, seventy-one billion, sev- gas. Several tanks have ‘‘burped’’ their posed an innovative method of solving enty-eight million) noxious gases. these problems by privatizing them and Twenty-five years ago, July 7, 1972, We have only recently begun making letting some of the best, most estab- the Federal debt stood at real progress in learning what chemi- lished companies in the world use their $429,537,000,000. (Four hundred twenty- cals and radioactive waste were put expertise to clean up these sites. In nine billion, five hundred thirty-seven into these tanks and what substances order for industry to succeed, this Con- million) which reflects a debt increase have now been created through indis- gress must demonstrate its commit- of nearly $5 trillion—$4,926,378,100,573.58 criminate mixing of wastes. ment to the privatization program by (Four trillion, nine hundred twenty-six The most troubling aspect of these funding it. Going from a Presidential billion, three hundred seventy-eight tanks is that they are leaking, moving request of $1 billion to $70 million in million, one hundred thousand, five these vile substances into ground water the House and $215 million in the Sen- hundred seventy-three dollars and and toward the Columbia River. ate will not give the capital markets or fifty-eight cents) during the past 25 Let me say it again. These tanks are private industry the confidence they years. leaking, and they are located next to need to make this work. f one of this Nation’s greatest rivers. We need more money for the tank They are upstream from Richland, CONCLUSION OF MORNING waste remediation system and other BUSINESS Kennewick, Pasco, Portland, and many cleanup priorities. Let me remind my smaller communities in Washington colleagues that even if my amendment The PRESIDING OFFICER. Morning and Oregon. And their toxic waste is prevails, this authorization bill will business is closed. slowly migrating toward the Columbia still contain about $500 million less f River, which many view as the life- than was agreed upon by the President NATIONAL DEFENSE AUTHORIZA- blood of the Pacific Northwest because and Congress in the recent historic TION ACT FOR FISCAL YEAR 1998 it provides fish, irrigation, power gen- budget agreement. The President finds The PRESIDING OFFICER. Under eration, recreation, and much more. this funding shortfall so serious that the previous order, the Senate will now In this year’s budget, the Depart- he has issued veto threats on both de- resume consideration of S. 936, which ment of Energy requested $427 million fense authorization bills, citing this as the clerk will report. in budget authority to continue a pri- one of his primary concerns. The bill clerk read as follows: vatization initiative, called the tank I urge my colleagues to stand with waste remediation system, and another me as we work to get our former de- A bill (S. 936) to authorize appropriations for fiscal year 1998 for military activities of $500 million plus for other environ- fense nuclear weapons sites restored or mental management privatization ef- the Department of Defense, for military con- at least stop them from causing further struction, and for defense activities of the forts. My colleague in the Washington harm to our rivers, our air and our Department of Energy, to prescribe per- delegation, Representative ADAM land. We cannot turn our backs on the sonnel strengths for such fiscal year for the SMITH, was successful in getting the nearby communities that have sac- Armed Forces, and for other purposes. House National Security Committee to rificed so much for this Nation in the The Senate resumed consideration of place $70 million in the defense author- past. Let’s make our victory of the the bill. ization bill for tank waste, nearly $350 cold war complete by leaving our chil- Pending: million short of the budget request, but dren and our grandchildren a safe, Cochran/Durbin amendment No. 420, to re- the House gave no other sites any healthy environment, not a contami- quire a license to export computers with funds. Our Senate Armed Services nated wasteland that sites, like Han- composite theoretical performance equal to Committee bill provides $215 million ford, will become without sufficient or greater than 2,000 million theoretical op- for four privatization projects, includ- Federal cleanup dollars. erations per second. ing $109 million targeted to tank waste. Thank you, Mr. President. I yield the Grams amendment No. 422 (to Amendment No. 420), to require the Comptroller General This is simply not adequate. floor, and I suggest the absence of a Yesterday, I submitted an amend- of the United States to conduct a study on quorum. the availability and potential risks relating ment to the Department of Defense au- The PRESIDING OFFICER (Mr. to the sale of certain computers. thorization bill that would increase INHOFE). The clerk will call the roll. Coverdell (for Inhofe/Coverdell/Cleland) these privatization accounts by about The legislative clerk proceeded to amendment No. 423, to define depot-level $250 million. Most of that money goes call the roll. maintenance and repair, to limit contracting toward solving the tank waste problem Mr. THURMOND. Mr. President, I for depot-level maintenance and repair at in- which almost everyone familiar with ask unanimous consent that the order stallations approved for closure or realign- ment in 1995, and to modify authorities and this issue agrees must be our top pri- for the quorum call be rescinded. ority, but money is also added at Sa- requirements relating to the performance of The PRESIDING OFFICER (Mr. core logistics functions. vannah River, Oak Ridge, Idaho Falls, ENZI). Without objection, it is so or- Lugar Modified amendment No. 658, to in- and Fernald. dered. crease (with offsets) the funding, and to im- In addition, my amendment would fa- f prove the authority, for cooperative threat cilitate the riskiest part of this privat- reduction programs and related Department ization venture by helping to ensure THE VERY BAD DEBT BOXSCORE of Energy programs. DOE is able to meet its time lines for Mr. HELMS. Mr. President, at the Mr. GORTON addressed the Chair. delivery of this toxic waste to a private close of business yesterday, Monday, The PRESIDING OFFICER. The company for vitrification or immo- July 7, 1997, the Federal debt stood at Chair recognizes the Senator from bilization. I added $50 million for this $5,355,915,100,573.58. (Five trillion, three Washington.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6961 AMENDMENT NO. 645 in force as of September 23, 1996. Subject to public health service hospitals and Mr. GORTON. Mr. President, I call up the overall enrollment restriction under sec- clinics to facilities of the uniformed amendment No. 645 and ask for its im- tion 724 and limited to the historical service services to provide health care to de- mediate consideration. area of the designated provider, professional pendents of active duty personnel as The PRESIDING OFFICER. Without service agreements or independent con- tractor agreements with primary care physi- well as military retirees and their de- objection, the pending amendments cians or groups of primary care physicians, pendents. Most recently last summer will be set aside. however organized, and employment agree- on this floor, I sponsored the amend- The clerk will report. ments with such physicians shall not be con- ment that provided the future author- The bill clerk read as follows: sidered to be the type of contracts that are ity for the USTF’s to continue pro- The Senator from Washington [Mr. GOR- subject to the limitation of this subsection, viding care to military beneficiaries TON] proposes amendment numbered 645. so long as the designated provider itself re- through the integration of their facili- Mr. GORTON. Mr. President, I ask mains at risk under its agreement with the ties into DOD’s military health care Secretary in the provision of services by any unanimous consent that further read- delivery system. ing of the amendment be dispensed such contracted physicians or groups of phy- The USTF’s currently serve about with. sicians.’’. (e) UNIFORM BENEFIT.—Section 723(b) of the 120,000 beneficiaries at facilities lo- The PRESIDING OFFICER. Without National Defense Authorization Act for Fis- objection, it is so ordered. cated in seven States: Maine, Mary- cal Year 1997 (PL 104–201, 10 USC 1073 note) is land, Massachusetts, New York, Ohio, The amendment is as follows: amended— Page 217, after line 15, insert the following (1) in subsection (1) by inserting before the Texas, and Washington. The facilities new subtitle heading: period at the end the following: ‘‘, subject to provide high-quality care that has been SUBTITLE A—HEALTH CARE SERVICES any modification to the effective date the judged by every major study done to Page 226, after line 2, insert the following Secretary may provide pursuant to section date as cost-effective when compared new subtitle: 722(c)(2)’’, and to CHAMPUS and other DOD health (2) in subsection (2), by inserting before the SUBTITLE B—UNIFORMED SERVICES care alternatives. The USTF’s pio- period at the end the following: ‘‘, or the ef- neered managed care principles such as TREATMENT FACILITIES fective date of agreements negotiated pursu- SEC. 711. IMPLEMENTATION OF DESIGNATED ant to section 722(c)(3)’’. enrollment and capitation that have PROVIDER AGREEMENTS FOR UNI- SEC. 712. LIMITATION ON TOTAL PAYMENTS. become the hallmarks of the new FORMED SERVICES TREATMENT FA- Section 726(b) of the National Defense Au- TRICARE program. CILITIES. thorization Act for Fiscal Year 1997 (Public (a) COMMENCEMENT OF HEALTH CARE SERV- The USTF’s are very popular with Law 104–201, 10 U.S.C. 1073 note) is amended ICES UNDER AGREEMENT.—Subsection (c) of the beneficiaries, many of whom would section 722 of the National Defense Author- by adding at the end the following new sen- never consider receiving their health ization Act for Fiscal Year 1997 (Public Law tence: ‘‘In establishing the ceiling rate for care from any other provider. Satisfac- 104–201, 10 U.S.C. 1073 note) is amended— enrollees with the designated providers who are also eligible for the Civilian Health and tion surveys just completed by an inde- (1) by redesignating paragraphs (1) and (2) pendent firm conclude that the USTF’s as subparagraphs (A) and (B); Medical Program of the Uniformed Services, (2) by inserting ‘‘(1)’’ before ‘‘Unless’’; and the Secretary of Defense shall take into ac- as a whole have a 91 percent satisfac- (3) by adding at the end the following new count the health status of the enrollees.’’. tion rate, 7 percentage points higher paragraph: SEC. 713. CONTINUED ACQUISITION OF RE- than the norm for civilian HMO’s. The ‘‘(2) The Secretary may modify the effec- DUCED-COST DRUGS. USTF in my State, Pacific Medical tive date established under paragraph (1) for Section 722 of the National Defense Au- Center, enjoys the highest overall sat- thorization Act for Fiscal Year 1997 (Public an agreement to permit a transition period isfaction rate of nearly 95 percent. I of not more than six months between the Law 104–201; 10 U.S.C. 1073 note) is amended date on which the agreement is executed by by adding at the end the following new sub- doubt that any DOD health care pro- the parties and the date on which the des- section: vider program can match the USTF’s ignated provider commences the delivery of ‘‘(g) CONTINUED ACQUISITION OF REDUCED- for satisfying the medical needs of health care services under the agreement.’’. COST DRUGS.—A designated provider shall be military personnel and their families. (b) TEMPORARY CONTINUATION OF EXISTING treated as part of the Department of Defense The introduction of TRICARE, how- for purposes of section 8126 if title 38, United PARTICIPATION AGREEMENTS.—Subsection (d) ever, has brought the USTF program to of such section is amended by inserting be- States Code, in connection with the provi- fore the period at the end the following: ‘‘, sion by the designated provider of health a crossroads. TRICARE has been oper- including any transitional period provided care services to covered beneficiaries pursu- ating in my State of Washington for by the Secretary under paragraph (2) of such ant to the participation agreement of the over 2 years and started in Texas in subsection’’. designated provider under section 718(c) of November 1995. Its introduction has (c) ARBITRATION.—Subsection (c) of such the National Defense Authorization Act for heightened interest within DOD to in- section is further amended by adding at end Fiscal Year 1991 (Public Law 101–510; 42 tegrate the USTF’s into TRICARE to the following new paragraph: U.S.C. 248c note) or pursuant to the agree- ‘‘(3) In the case of a designated provider ment entered into under subsection (b).’’. ensure consistent application of the so- called uniform benefit. The amendment whose service area has a managed care sup- Mr. GORTON. Mr. President, I ask I offered last year which was enacted port contract implemented under the unanimous consent that Senators TRICARE program as of September 23, 1996, as part of the fiscal year 1997 National HUTCHISON of Texas, D’AMATO, and the Secretary and the designated provider Defense Authorization Act set out the MURRAY be added as cosponsors to the shall submit to binding arbitration if the process for this integration of the agreement has not been executed by October amendment. The PRESIDING OFFICER. Without USTF’s into TRICARE to protect the 1, 1997. The arbitrator, mutually agreed upon beneficiary interests as well as to pre- by the Secretary and the designated pro- objection, it is so ordered. vider, shall be selected from the American Mr. GORTON. Mr. President, this serve the separate designated status of Arbitration Association. The arbitrator shall amendment refines legislation enacted the USTF’s. My amendment, which re- develop an agreement that shall be executed last year to transition the uniformed flected the position passed by the by the Secretary and the designated provider services treatment facilities [USTF’s] House, called for an orderly process for by January 1, 1998. Notwithstanding para- into the DOD’s new health care pro- negotiation of new agreements so Pa- graph (1), the effective date of such agree- cific Medical Center and the other ment shall be not more than six months gram called TRICARE. I hope that the managers of the bill, USTF’s could continue offering high- after the date on which the agreement is exe- quality and cost-effective health care cuted.’’. Senator THURMOND, chairman of the (d) CONTRACTING OUT OF PRIMARY CARE committee, and Senator KEMPTHORNE, to military beneficiaries. SERVICES.—Subsection (f)(2) of such section chairman of the operative sub- Despite my earlier amendment’s good is amended by inserting at the end the fol- committee, will accept it. intentions, unforeseen problems have lowing new sentence: ‘‘Such limitation on Mr. President, I am proud to have developed, largely because of institu- contracting out primary care services shall been associated with the USTF’s since tional delays and the Defense Depart- only apply to contracting out to a health the program’s inception over 15 years ment’s unconventional interpretation maintenance organization, or to a licensed insurer that is not controlled directly or in- ago. I was an original cosponsor of the of some of the key provisions. Accord- directly by the designated provider, except amendment offered on this floor in 1981 ingly, I feel compelled to offer an in the case of primary care contracts be- by the late Senator Henry M. ‘‘Scoop’’ amendment today that updates and tween a designated provider and a contractor Jackson that transitioned these former perfects last year’s language.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6962 CONGRESSIONAL RECORD — SENATE July 8, 1997 In a similar fashion to last year, my The first new provision tries to prod years. The result is substantial pent-up amendment today includes four the negotiations with DOD with a re- demand and frustration by retirees who straight-forward provisions already quirement for binding arbitration for are simply looking for another choice contained in the House-passed fiscal up to 90 days if DOD and the Wash- in meeting their military health care year 1998 Defense authorization bill. It ington and Texas USTF’s do not reach needs. I urge DOD to adhere to the re- is important to note that these four an agreement with DOD by October 1, quest in a recent Washington State provisions are in every way sub- 1997. This arbitration amendment en- congressional delegation letter to per- stantively identical to subtitle C of courages both sides to work out their mit an open season, as clearly provided title VII of the House-passed bill. differences without giving extra lever- for in the USTF contracts. The first House-passed provision pro- age to either side. Without arbitration, Overall, Mr. President, this set of vides authority for a 6-month transi- DOD has no incentive to negotiate be- legislative refinements, as well as pro- tion period in the implementation of cause it can literally run the clock out viding for an open season, should en- the new USTF program to allow ade- and present the Washington and Texas able the USTF program to continue to quate time to educate the bene- USTF’s with a ‘‘take-or-leave-it’’ con- serve the health care needs of its mili- ficiaries. The 6-month transition is en- tract in late September just before the tary beneficiaries. I appreciate the tirely reasonable given that new October 1 deadline arrives. committee’s understanding and hope it TRICARE contracts provide at least 7 Binding arbitration is an eminently will soon be able to accept this amend- months for a proper transition. As we fair device to break an impasse and ment. Of course, I urge the full Senate learned from the TRICARE transition push the negotiations to completion by to pass it. in Washington, a compressed time pe- a date certain. The Seattle and Hous- I suggest the absence of a quorum. riod for transition will cause confusion ton USTF’s are fully prepared to ac- The PRESIDING OFFICER. The and frustration for the beneficiaries. cept the judgment of an independent clerk will call the roll. The second House-passed provision arbiter. If DOD wants to avoid arbitra- The bill clerk proceeded to call the provides authority to continue the ex- tion, the Department’s Health Affairs roll. isting USTF agreements during the Division should commence imme- Mr. WELLSTONE. Mr. President, I transition period. The Seattle and diately good-faith negotiations with ask unanimous consent that the order Texas USTF’s technically lose their Seattle and Houston leading toward a for the quorum call be rescinded. The PRESIDING OFFICER. Without statutory designation effective October fair agreement. 1 unless they have new agreements exe- This was the result the last time objection, it is so ordered. Mr. WELLSTONE. Mr. President, I cuted. But because of delays in com- Congress threatened to impose arbitra- ask unanimous consent we lay aside mencing the negotiations with DOD, tion to push DOD and the USTF to an the pending amendment. these two USTF’s will not have new agreement. The conference report lan- The PRESIDING OFFICER. Without agreements implemented by October. guage accompanying the fiscal year objection, it is so ordered. An extension of the current agreement 1991 National Defense Authorization AMENDMENT NO. 669 and all its provisions until the transi- Act stressed that Congress was pre- tion period is complete seems fair and pared to require mandatory arbitration (Purpose: To provide $500,000 for the bioassay testing of veterans exposed to ionizing ra- appropriate. if the managed care model was not ne- diation during military service) The third House provision clarifies gotiated by DOD and the USTF’s by a Mr. WELLSTONE. Mr. President, I that the ceiling for capitation pay- statutory deadline. This threat of arbi- have two amendments I will discuss. ments provided to the USTF’s takes tration was instrumental in pushing The first is an amendment numbered into account the health status of the DOD back to the negotiating table. 669. enrolled beneficiaries who are under The second new provision contained The PRESIDING OFFICER. The age 65. This reflects last year’s clear in my amendment clarifies how the clerk will report. intent that the actuarial benchmark USTF’s can contract out their physi- The bill clerk read as follows: for developing rates to reimburse the cian services. The clarification permits The Senator from Minnesota [Mr. USTF’s should be the health status of contracting out to primary care physi- WELLSTONE], for himself and Mr. ROCKE- the actual USTF enrollees, not a na- cians provided the USTF’s retain all FELLER, proposes an amendment numbered tional average of military health care risk and don’t exceed their enrollment 669. patients. cap and their historical service area. Mr. WELLSTONE. Mr. President, I The fourth and final House provision The provision serves the beneficiary in- ask unanimous consent reading of the clarifies last year’s provision so that terest by allowing the USTF’s to place amendment be dispensed with. USTF’s still qualify to purchase phar- primary care physicians where they are The PRESIDING OFFICER. Without maceuticals under the preferred pric- needed to enhance the convenience and objection, it is so ordered. ing levels applicable to military health accessibility of care. This change will The amendment is as follows: care providers. All parties agree that also level the playing field with the On page 46, between lines 6 and 7, insert last year’s legislation was not intended TRICARE contractors that can con- the following: to take away the right to continued ac- tract out their primary care services. SEC. 220. BIOASSAY TESTING OF VETERANS EX- quisition of these reduced-cost drugs. The third and last new provision in POSED TO IONIZING RADIATION In addition to these four House- my amendment is a conforming change DURING MILITARY SERVICE. (a) NUCLEAR TEST PERSONNEL PROGRAM.— passed provisions, my amendment in- that applies to the uniform benefit, Of the amount provided in section 201(4), cludes three other items to ensure that with the accompanying higher enroll- $50,000 shall be available for testing de- DOD negotiates fairly with the USTF’s ment fee and higher cost shares, when scribed in subsection (b) at the Brookhaven on the new agreements. These provi- the new USTF agreements are fully im- National Laboratory in support of the Nu- sions would not be necessary if the De- plemented. This clarification is needed clear Test Personnel Program conducted by fense Department were earnestly nego- to ensure consistency with the 6-month the Defense Special Weapons Agency. tiating in good faith with Pacific Med- (b) COVERED TESTING.—Subsection (a) ap- transition of the arbitration period. plies to the third phase of bioassay testing of ical Center and the Houston, TX, Finally, Mr. President, I implore individuals who are radiation-exposed vet- USTF. These two facilities are on the DOD to respond favorably to the re- erans (as defined in section 1112(c)(3) of title firing line because TRICARE is already quest of Pacific Medical Center and the 38, United States Code) who participated in in their regions and they are therefore other USTF’s for open enrollment sea- radiation-risk activities (as defined in such required by law to have a new agree- son so that military retirees can sign paragraph). ment executed by October 1, 1997. DOD, up this summer for the USTF program. Mr. WELLSTONE. Mr. President, I however, has chosen to negotiate first Since DOD did not permit Pacific Med- will be relatively brief and take just with three other USTF’s that will not ical Center to conduct an open season several hours—just take a few minutes see TRICARE in their regions until last year, if there is no open enroll- to speak about this. I wanted to see if mid-1998 at the earliest and con- ment this summer the effect will be to everyone was awake today. sequently do not face the same imme- deny military retirees a chance to en- This is an amendment that would as- diacy faced by Seattle and Texas. roll in this program for 2 consecutive sist atomic veterans. Mr. President, I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6963 actually could talk for several hours denied compensation often based on VA simply claims it lacks the nec- about the atomic veterans. But I would flawed dose reconstructions. essary funding. In the interests of the just say that I think the most moving Mr. President, out of the hundreds of atomic veterans who served this coun- and most emotional times for me as a thousands of atomic veterans—I would try bravely and unquestionably, we Senator has been time spent with like my colleagues to hear this, even if need to end the bickering and ensure atomic veterans in Minnesota. These they are not on the floor now as they the program is carried out to fruition. are veterans who were asked to go to consider how to vote on this—out of The VFW, the National Association of ground zero during the atomic testing the hundreds of thousands of atomic Atomic Veterans, and the Disabled in States like Nevada and were put in veterans, merely 15,000 have filed American Veterans agree and strongly harm’s way by our Government, and no claims for service-connected compensa- back this amendment. It is a little bit one told them what they might be fac- tion with the VA based on disability outrageous that we have this bickering ing, and no one gave them protective stemming from radiogenic diseases. Of going on and at the same time you gear. these, only 1,438 have been approved, or have these veterans for whom this test For many of these atomic veterans it less than 10 percent. Just imagine this, is the only way that they are ever has been a nightmare. This all started hundreds of thousands of atomic vet- going to be able to get any compensa- in the 1950’s, and for decades many of erans, only 15,000 claims, and only a tion. them have had a pattern of illness in little over 1,000 have been approved. Of Mr. President, in closing, I note that their families. I could go on for hours this low percentage, an indeterminate for many years the cover of the Atomic talking about what has happened to percentage may have had their claims Veterans Newsletter, the official publi- them, including high incidences of can- granted for diseases unrelated to radi- cation of the National Association of cer for the atomic veterans themselves, ation exposure. Atomic Veterans, contained the simple and all sorts of problems of cancer and Mr. President, we have to make sure but eloquent statement: ‘‘The atomic deformities with children and grand- that we provide funding, a small veteran seeks no special favor, simply children. amount of funding within the Depart- justice.’’ Their fight for justice has And to this day they still wait for ment of Defense—that is where we have been too long, it has been too hard, and adequate compensation. They wait for been doing this funding—to make sure it has been too frustrating. But these justice. I think it is one of the most that we continue this very critical test patriotic and deserving veterans have shameful things that has happened in undertaken for atomic veterans. persevered and they retain their faith our country. These are veterans. The White House Advisory Com- in America. I actually want to focus on just one mittee on Human Radiation Experi- I urge all of my colleagues to join me small piece of this amendment. I am ments found ‘‘that the Government did in helping atomic veterans with their hoping to be able to receive good sup- not create or maintain adequate struggle for justice and supporting my port from both Democrats and Repub- records regarding the exposure of all amendment. It is a matter of simple licans, and I am hoping this amend- participants [in nuclear weapons tests justice. Mr. President, Congressman ment may indeed be accepted. I know and] the identity and test locales of all LANE EVANS, who has been such a Congressman LANE EVANS has worked participants.’’ This finding calls into strong advocate for atomic veterans, on this in the House, and I believe this question the current capability of the has done this on the House side. I think provision has been accepted in the Government to come up with accurate the Senate should join in this effort. I House of Representatives. dose reconstructions on which the ap- think it would be absolutely uncon- This amendment would authorize proval of claims for VA compensation scionable if we eliminated this funding $500,000 for the third and final phase of for many atomic veterans depend. for this small but very, very important a Defense Special Weapons Agency pro- Again, the advisory committee has said program where we can have adequate gram at Brookhaven National Labora- we do not have adequate data. We have data as to what kind of radiation dos- tory to conduct—this will sound tech- not been able to keep the records. If we age these atomic veterans were, in nical, Mr. President, but it is actually do not have this dose reconstruction fact, vulnerable to, affected by, and pretty important—to conduct internal done well, then a lot of the atomic vet- what this means for them now. That, Mr. President, is the meaning of this dose reconstructions of veterans ex- erans who deserve compensation for amendment. posed to ionizing radiation while serv- the terrible illnesses that have been in- I ask unanimous consent this amend- ing in the Armed Forces. DSWA is re- flicted upon them or their family mem- ment be set aside. sponsible for providing dose recon- bers are not going to have the chance The PRESIDING OFFICER. Without structions for most atomic veterans fil- to get the compensation. objection, it is so ordered. ing claims with the VA. Out of the The DSWA program at Brookhaven AMENDMENT NO. 668 funding provided to DSWA—this, uses a technology called fission track- (Purpose: To require the Secretary of De- again, is the Defense Special Weapons ing analysis. It analyzes the results of fense to transfer $400,000,000 to the Sec- Agency—for R&D under section 201(4), urine samples from atomic veterans to retary of Veterans’ Affairs to provide funds $500,000 would be available for bioassay arrive at internal dose reconstructions. for veterans’ health care and other pur- testing at Brookhaven National Lab- The program seeks to improve the poses) oratory for the purpose of conducting technique first used to establish the Mr. WELLSTONE. Mr. President, I internal dose reconstructions of atomic Marshall Islanders’ exposure to ion- call up amendment number 668. veterans to find out what has happened izing radiation from atmospheric nu- The PRESIDING OFFICER. The to them. clear testing, the same tests that we clerk will report. That is what this is all about. This have been using with Marshall Island- The assistant legislative clerk read program is crucial to atomic veterans ers. During the third and final phase of as follows: because it provides the means, I say to the program, Brookhaven plans to con- The Senator from Minnesota [Mr. my colleague from South Carolina, who duct bioassays of atomic veterans and WELLSTONE] proposes an amendment num- has been so supportive of veterans, for provide technical assistance to DSWA bered 668. more accurate reconstruction of radi- in internal dose reconstruction. Mr. WELLSTONE. Mr. President, I ation dosage. This is a vital step in en- Here is what has happened, here is ask unanimous consent that the read- suring that atomic veterans receive the the reason for this amendment, col- ing of the amendment be dispensed compensation they deserve and in reas- leagues. Unfortunately, a conflict has with. suring veterans who did not inhale or now taken place between DOD and VA, The PRESIDING OFFICER. Without ingest radioactive particles in quan- and it has developed on funding the objection, it is so ordered. tities sufficient to cause cancer. In final phase of the program. DSWA de- The amendment is as follows: other words, they need to know where clines to continue funding the program At the end of subtitle D of title X, add the they stand. This is a terribly impor- because it contends that it is not in the following: SEC. . TRANSFER FOR VETERANS’ HEALTH CARE tant test. We do not want to eliminate business of medical testing, even AND OTHER PURPOSES. the funding for this. Many veterans though the agency has performed med- (a) TRANSFER REQUIRED.—The Secretary of who have radiogenic diseases have been ical testing for Marshall Islanders. The Defense shall transfer to the Secretary of

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6964 CONGRESSIONAL RECORD — SENATE July 8, 1997 Veterans’ Affairs $400,000,000 of the funds ap- VA discretionary spending in fiscal take $400 million and heal these cuts. propriated for the Department of Defense for year 1998. Mr. President, to give you My amendment authorizes the Sec- fiscal year 1998. some idea about it, a $400 million re- retary of Defense to do that. I know Dr. (b) USE OF TRANSFERRED FUNDS.—Funds transferred to the Secretary of Veterans’ Af- duction in VA discretionary spending Ken Kaiser came out to Minnesota and fairs shall be for the purpose of providing in fiscal year 1998 is roughly equivalent met with veterans, and he wasn’t aware benefits under the laws administered by the to the cost of operating one of the of these cuts. I have not met one per- Secretary of Veterans’ Affairs, other than smaller of the VA’s 22 integrated serv- son in charge of delivering health care compensation and pension benefits provided ice networks. for veterans who believes that this can under Chapters 11 and 13 of title 38, United I held a forum, I say to my col- be done in such a way that it will not States Code. leagues, in May. It was unbelievable. seriously damage the quality of health Mr. WELLSTONE. Mr. President, We had a huge turnout of veterans rep- care. I am not just giving some kind of this amendment would not be subject resenting, I think, all of the veterans trump speech on the floor of the Sen- to any point of order. It authorizes the organizations that I can think of— ate. This is very important. We ought Secretary of Defense to transfer some Vietnam Veterans of America, Disabled to, at the very least, be able to transfer $400 million to the VA budget for the Americans, Paralyzed Veterans, Mili- this small amount of money and re- health care for veterans. tary for the Purple Heart, American store this funding for our VA health Mr. President, this amendment is an Legion, Veterans of Foreign Wars, care. effort to ameliorate some damage that atomic veterans, you name it. With that, Mr. President, I yield the was done in the budget resolution The Minnesota veterans were unani- floor. I see my colleague from Georgia. that—I say to my colleagues, I do not mous in denouncing the cuts in some Mr. CLELAND addressed the Chair. think any Senator was really familiar really essential VA health care re- The PRESIDING OFFICER. The Sen- with—made significant cuts in VA sources. Like my colleagues, I sup- ator from Georgia is recognized. health care. ported the sense-of-the-Senate amend- Mr. CLELAND. Mr. President, I ask My amendment to the Department of ment that was introduced by Senators unanimous consent to lay aside the Defense authorization bill would, DASCHLE, DOMENICI and ROCKEFELLER pending amendment. again, authorize the Secretary of De- on May 21, which called for full funding The PRESIDING OFFICER. Without fense to transfer $400 million from the of the VA discretionary programs, in- objection, it is so ordered. DOD budget to restore cuts in VA dis- cluding medical care for fiscal year AMENDMENT NO. 712 cretionary health care spending. This 1998. I supported it for two reasons. (Purpose: To express the sense of Congress amendment responds to the health care First, I don’t think many of us were reaffirming the commitment of the United needs of veterans by restoring some aware that in the budget resolution States to provide quality health care for badly needed funding for programs to there were going to be cuts in our in- military retirees) the fiscal year 1997 level. vestment in resources for VA health Mr. CLELAND. Mr. President, I send Mr. President, even with this restora- care. Second, I think it is simply the an amendment to the desk and ask for tion, chances are remote that the VA wrong thing to do. I think there is a sa- its immediate consideration. health care funding for fiscal year 1998 cred contract with our veterans, and if The PRESIDING OFFICER. The will exceed fiscal year 1997. We all we are going to be making cuts and do clerk will report. know—I just want to make this clear deficit reduction, we ought not to be The assistant legislative clerk read to my colleagues—that we have an doing it on their backs. as follows: aging veteran population. We all know So, Mr. President, I am convinced The Senator from Georgia [Mr. CLELAND] that as more veterans live to be over 65 that this amendment is appropriate. I proposes an amendment numbered 712. and over 85, there is more of a strain on am convinced that it is really quite ap- Mr. CLELAND. Mr. President, I ask the health care budget. We want to be propriate to pass an amendment that unanimous consent that reading of the sure that the cut that took place in the gives the Secretary of Defense the au- amendment be dispensed with. budget resolution—which I don’t think thorization to authorize this transfer The PRESIDING OFFICER. Without hardly any Senator was aware of, al- of funding because, after all, these vet- objection, it is so ordered. though all of the veterans organiza- erans were fighting for the defense of The amendment is as follows: tions were aware, and there is a fair the Nation. That is what it was all At the end of title VII, add the following: amount of indignation around the about. I think it is critically important SEC. 708. SENSE OF CONGRESS REGARDING country on this question—we want to that we live up to this commitment. QUALITY HEALTH CARE FOR RETIR- make sure that these cuts in veterans Mr. President, let me just finish up EES. health care don’t end up forcing vet- (a) FINDINGS.—Congress makes the fol- again and say to colleagues that I am lowing findings: erans who were either disabled, ill, or just introducing these amendments be- (1) Many retired military personnel believe poor to have to shift from VA health cause, as I understand this process, we that they were promised lifetime health care care to other health care. That would are going to have a cloture vote this in exchange for 20 or more years of service. be a travesty for the veterans and their afternoon and we may not have votes (2) Military retirees are the only Federal families, and it would also have nega- for about a day and there will be more Government personnel who have been pre- tive consequences for VA health care in time to discuss these amendments. At vented from using their employer-provided our country. health care at or after 65 years of age. least, that is my understanding. I do (3) Military health care has become in- Mr. President, it has become clear want colleagues to be familiar with creasingly difficult to obtain for military re- that the cuts in the veterans’ discre- each of them. tirees as the Department of Defense reduces tionary programs that were agreed to I think that the atomic veterans, un- its health care infrastructure. as part of the budget resolution are fortunately, have been out of sight and (4) Military retirees deserve to have a going to have some severe, if not dev- out of mind for all too many people in health care program at least comparable astating, consequences on the quality the country. This is a critically impor- with that of retirees from civilian employ- and availability of VA health care for tant amendment to those veterans so ment by the Federal Government. disabled and needy veterans. The fiscal (5) The availability of quality, lifetime that they can know what happened to health care is a critical recruiting incentive year 1998 cuts will limit VA’s ability to them. That is the very least we can do for the Armed Forces. serve all patients entitled to VA health for those veterans, their children and (6) Quality health care is a critical aspect care. If veterans health care benefits grandchildren. of the quality of life of the men and women are delayed because of reduced staff- On the second amendment, I am ab- serving in the Armed Forces. ing—you have to make your cuts some- solutely convinced that very few Sen- (b) SENSE OF CONGRESS.—It is the sense of where—or a longer waiting period, then ators were aware of the fact that the Congress that— we are going to be shortchanging men budget resolution made these cuts. It (1) the United States has incurred a moral obligation to provide health care to retirees and women who have risked their lives was all done in good conscience. Some from service in the Armed Forces; for our country. of my closest friends worked on the (2) it is, therefore, necessary to provide Let me give you some sense of the budget resolution and supported it. My quality, affordable health care to such retir- impact of the $400 million reduction in amendment simply says that we should ees; and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6965 (3) Congress and the President should take Second, as the Department continues cost to the Department of Defense of steps to address the problems associated to reduce its health care infrastruc- providing the Federal Employees with health care for such retirees within two ture, will maintaining access to all Health Benefit Program for all non-ac- years after the date of the enactment of this tive duty beneficiaries ranged between Act. beneficiaries increase in difficulty? I understand the Department has ex- $5.9 billion and $10.7 billion annually Mr. CLELAND. Mr. President, one of pressed concern that, under certain cir- depending upon the percentage the the reasons I sought membership on cumstances, Medicare subvention could Government pays for the average pre- the Senate Armed Services Committee result in diminished access to military mium. The report also estimated the is my commitment to supporting our treatment facilities for other DOD total cost of maintaining a wartime men and women in the Armed Forces. I health care beneficiaries. That raises combat medicine capability for active am particularly pleased to be the rank- my third question. Will subvention in- duty personnel at $6.5 billion. Some ing Democratic member of the Per- crease access to some beneficiaries at have asked if it would be feasible to re- sonnel Subcommittee. the expense of others? If so, is this place the bulk of the Department of My focus on that committee has been Defense Health service system with and will be to improve the overall qual- what we really want? Another option that has been dis- FEHBP while maintaining a combat ity of life of our military personnel. cussed is the idea of allowing retirees medicine capability given that the De- Where possible, the level of the com- over 65 the option of enrolling in the partment of Defense spends approxi- pensation they receive, improve mili- mately $16 billion per year for health tary health care, and expand access to Federal Employees Health Benefit Pro- gram [FEHBP]. care. educational benefits. I sponsored language in the Senate One of the areas that I am most con- The Congressional Budget Office has estimated that the cost of enrolling Armed Services Committee report that cerned about is the availability and directed the Department of Defense to adequacy of military health care. In Medicare-eligible military retirees in the FEHBP is between $3.7 and $4.2 bil- conduct a study of this issue. I believe particular, I believe this Nation has in- this is an important step toward gath- curred a fundamental responsibility to lion. The primary advantage to FEHBP enrollment is the ability of bene- ering the necessary information we provide for the health care of military need to make an intelligent decision retirees. We must adhere to this com- ficiaries to seek and obtain healthcare anywhere in the Nation that insurers which honors our commitment to the mitment. personnel in the military. We need to in the FEHBP provide service. I am I am especially concerned about what know what impact this would have on concerned about additional cost this happens to retirees when they reach the entire medical infrastructure in program would incur especially if of- the age of 65. They are ineligible to the military. I hope we can begin to fered in addition to the benefits cur- participate in TRICARE. In addition, find the answers that will allow us to as the military begins to close and rently available to retirees over 65. My resolve this matter. Our men and downsize its military treatment facili- question: Is there a better way to pro- women in uniform and those who have ties, retirees over 65 are unable to seek vide similar levels of service while not served deserve nothing less. and obtain treatment on a space avail- adding significantly high levels of cost I look forward to working with my able basis. Medicare does not currently to the Department of Defense? colleagues here in the Senate, espe- reimburse the Department of Defense A third option would be to allow cially my good friend Senator KEMP- for health care services. The retirees military retirees over 65 to enroll in THORNE, who is the chairman of the over 65 are, in effect, being shut out of TRICARE. This would require addi- Personnel Subcommittee, on this most the medical facilities promised to tional resources to be made available important matter. them. to military treatment facilities to en- Mr. President, I yield the floor. I am reminded of the quote from one sure that all TRICARE beneficiaries Mr. President, I suggest the absence of Wellington’s troops: ‘‘In time of war were guaranteed access. The Armed of a quorum. and not before, God and soldier men a Services Committee was presented The PRESIDING OFFICER. The adore. But in time of peace with all with an estimated $274 million short- clerk will call the roll. things righted, God is forgotten and fall in the budget request to fund the The assistant legislative clerk pro- the soldier slighted.’’ Military Health Service System. ceeded to call the roll. I know we live in an environment in Frankly, without corresponding Mr. DORGAN. Mr. President, I ask which resources are constrained. We changes in the TRICARE system, con- unanimous consent that the order for are going to have to make some tough tinued enrollment in TRICARE will the quorum call be rescinded. choices between people, modernization, only exacerbate the current difficulties The PRESIDING OFFICER. Without and procurement while maintaining TRICARE faces in meeting all the objection, it is so ordered. Mr. DORGAN. Mr. President, we are readiness. We are going to have to needs of Military Health Service Sys- on the defense authorization bill. I strike a balance between these com- tem beneficiaries. Under this option, have been privileged to listen to a peting priorities. But we must not we might also face the prospect of pro- number of presentations. They deal allow budget constraints to force us to viding new access to some at the ex- with, in many instances, very signifi- slight our soldiers. This is morally pense of those presently in the system. cant and very important issues for the wrong. We have a sacred responsibility Mr. President, I know there are sig- future of this country. to take care of those who took care of nificant difficulties involved with Mr. President, I rise today to talk us. We have incurred a moral obliga- choosing the optimal approach to ad- about two issues. One is an amendment tion to attempt to provide health care dressing military health care concerns. that I intend to offer later in the con- to military retirees who believed they We have to deal with this problem. It is sideration of this bill. The second is to were promised lifetime health care in one of the highest priorities listed by support an amendment that is to be of- exchange for a lifetime of military the men and women in the armed fered by Senator LUGAR and, I believe, service. forces. It is also the highest priority of cosponsored by Senator BINGAMAN and One alternative is Medicare sub- those who represent the retired mili- a group of others, dealing with the Co- vention. It would appear that sub- tary population in this nation. operative Threat Reduction Program vention would be fiscally beneficial to I believe that a comprehensive ap- and the funding for it. Medicare and would improve the abil- proach to reforming the DOD health Before I discuss those two, let me in- ity of the Department to provide care system is required. In addition to dicate, however, that it is curious to health care to military retirees over 65. ensuring access to health care cov- see a cloture motion filed on a bill like However, I have several questions re- erage, it is also necessary to ensure the defense authorization bill this garding possible shortcomings of sub- that health care is available to bene- early in the process. A cloture motion vention: ficiaries wherever they serve or retire. suggests somehow that we should have First, does subvention meet the In 1995, the Congressional Budget Of- a vote cutting off debate when debate needs of military retirees over 65 who fice prepared a report entitled ‘‘Re- has hardly begun on this defense au- do not live near military treatment fa- structuring Military Medical Care.’’ thorization bill. This is a very signifi- cilities? The report estimated that the total cant piece of legislation. There needs

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6966 CONGRESSIONAL RECORD — SENATE July 8, 1997 to be time for significant debate on fly, to the boneyard? Because of arms That is exactly what the Cooperative issues that are very substantial. control agreements. They are required Threat Reduction Program has done. I hope this is not going to be habit under arms control agreements to re- Senators LUGAR and Nunn were the au- forming—filing cloture motions vir- duce the number of bombers they pos- thors of this program. Many others in tually at the same pace when a piece of sess in their arsenal. the Chamber have worked hard on this legislation like this comes to the floor A smaller picture shows former Sec- program. of the Senate. A desire to shut off de- retary of Defense Perry inspecting an There is an amendment pending that bate ought not be initiated before there SS–24 silo. This is a missile silo in the will restore the money for this pro- is some demonstration that debate is Ukraine. This silo had 550-kiloton war- gram which is necessary to continue going to go on forever. If a bill is mov- heads on top of a missile—nuclear war- the progress to reduce the number of ing at a reasonable pace, there is no heads capable of being delivered over nuclear arms in Russia and the inde- reason, in my judgment, for anyone to 6,200 miles. This silo is now empty of pendent states under this program. It be offering cloture motions or shut off warheads. There are no nuclear war- is a bargain by any stretch. It makes debate. I just say that is a curious heads in that silo. And our former Sec- eminent good sense for this country to thing to have happen on this bill right retary of Defense Perry is inspecting a do it. at the start of the legislation. I hope silo that is now cleared of its missile I am proud to say that I support the that won’t be a habit. and its nuclear warheads. amendment. I commend Senator Now to the issue of the Cooperative Finally, this picture. This is a pic- LUGAR, Senator BINGAMAN, and so Threat Reduction Program, Mr. Presi- ture of silo No. 110 near Pervomaisk in many others for offering the amend- dent, folks in my hometown, in most the Ukraine which held an SS–19 mis- ment today. cases, won’t know much about this pro- sile. As you can see, it is now only a Mr. President, let me turn then to gram because the American people hole. And, in fact, if you saw a later one other item. We will in the context have not been given much information picture you would see sunflowers plant- of debating this piece of legislation about the Cooperative Threat Reduc- ed where missiles were previously also discuss whether we wish to au- tion Program. It is kind of a foreign planted poised and aimed at the United thorize two additional rounds of mili- title to a program that in most cases States of America. This is a hole. The tary base closings or whether we want, benefits the lives of every American hole is now covered up. There is no to say it another way, create a base re- citizen. missile, no warhead. And, in fact, sun- alignment and closing commission that I want to describe what it is and why flowers are now planted there. would recommend, in two rounds, clos- it is important and why I support the Mr. President, this piece of metal ing certain military installations in amendment that was offered, I believe, comes from that missile and the mis- our country. by Senator LUGAR, along with many sile silo. This piece of metal was re- I am not here to support having more other distinguished colleagues, and is moved from this missile silo in the capability in military bases than we now pending before the Senate. Ukraine. This little piece of metal is a need. That would be wasteful. I under- The Cooperative Threat Reduction demonstration of the success of the Co- stand that. On the other hand, we have Program is a program by which we en- operative Threat Reduction Program. had three full rounds of base closings gage with our resources under an arms This was part of an armament in the and one abbreviated round. In the three control agreement to help a former ad- ground on an intercontinental ballistic rounds of closing military installa- versary, the former Soviet Union, now missile with nuclear warheads aimed at tions, we have ordered the closure of Russia, and its surrounding States to the United States of America. Now it is over 100 military installations in this reduce the number of nuclear weapons here in this Chamber. And where this country. My understanding is that only and warheads that were previously in silo and missile with a warhead used to 50 of them have been finally and com- place aimed at the United States of sit there is now planted sunflowers. pletely closed. We have no accounting America. Doing so reduces the threat Why? Why at silo 110 near at all—none—of what the costs and the against our country. I think it makes Pervomaisk in the Ukraine is there benefits have been from the closings eminent good sense to see a missile de- now a planting of sunflowers rather that have occurred so far. stroyed in its silo rather than having a than a nuclear missile or an interconti- I think it is far better for us to de- missile fired and have to deal with a nental ballistic missile with a nuclear cide that we should finish the job on missile that is flying toward a target of warhead aimed at the United States? the previous rounds of base closings be- the United States. Because this program works. This pro- fore we authorize two additional Obviously, things have changed dra- gram makes sense. This program re- rounds. matically with the Soviet Union now duces the number of missiles, the num- I have another motive, obviously. I being gone, and we now have Russia ber of bombers, and the number of nu- am concerned about what the rounds of and other independent States. We are clear warheads in an arms control base closings that are authorized do to dealing with a new world, and we have agreement. It reduces the number of communities in our country. We have a cold war that is largely ended. We those weapons that previously had had a couple of Air Force bases put on have a circumstance in which we want been poised to strike at the United the list and taken off the list, put on to work with what had been a former States of America. the list and taken off the list. What adversary to reduce the amount of nu- Let me describe the facts about how happens in communities when you have clear weapons that that adversary now this program has worked. We have seen a base closing round is that the minute possesses in concert with the arms con- the elimination of 212 submarine your community or your facility is re- trol agreements that we have already launchers, 378 intercontinental bal- motely involved in that round of base had with them and that we have nego- listic missile silos, 25 heavy bombers, closings, economic growth is stunted tiated and signed with that former ad- more than 500 ICBM’s. and new investment is stopped. versary. Fiscal year 1997: 131 additional ICBM There isn’t anyone who will come to Mr. President, let me ask unanimous silos—70 of them in Russia, 61 of them Cheyenne, WY, or to Grand Forks, ND, consent to have an object on the floor Kazakhstan—and 43 heavy bombers or Minot, ND, or Rapid City, SD, or that I might use to demonstrate to my gone under this program; and 80 sub- you name it, where they have military colleagues that this, in fact, works. marine launchers, all in Russia, gone; installations, and say, ‘‘Oh, by the way, Mr. President, I want to show my 84 missiles—48 in Ukraine, 36 in Rus- there are going to be new rounds of colleagues a picture. This is a picture sia—gone under this program. In effect, base closings here.’’ of some workers in Russia with power we helped a former adversary destroy So what we want to do is make a new saws sawing the wings off Russian weapons that had previously been investment in the community of apart- bombers. These folks are bent over a poised and aimed at us. ment buildings or commercial prop- wing of a bomber sawing the wings off I can’t think of anything that makes erty, or a plant here or a plant there. Russian bombers. Why are they sawing more sense than to destroy a missile by That is not the way it works. What the wings off Russian bombers and dismantling its silo, the missile and they say is, ‘‘Gee, we do not know what sending these bombers, now unable to the warhead, and it is gone. the future is going to bring.’’ You

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6967 might have 30 percent unemployment most efficient form of government. But the school breakfast program established or in that region 2 years from now be- I say to all of those who question the expanded with the assistance provided under cause they might close that military effectiveness or the efficiency of Gov- this subsection for a period of not less than 3 years; and installation, and if they do, the last ernment that the program called the ‘‘(II) as used with respect to a summer food thing I want to have done is to have Cooperative Threat Reduction Program service program for children, that agrees to made an investment in that commu- in which we help finance the destruc- operate the summer food service program for nity and find that investment going tion of weapons—bombers, missiles, children established or expanded with the as- belly up. It terribly stunts economic and nuclear warheads—that previously sistance provided under this subsection for a growth in these communities while you were aimed at the United States of period of not less than 3 years. have these base closing rounds. America is a program that is a bargain ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- In fact, at the Defense Appropria- by any standard of measure. That ice institution’ means an institution or orga- nization described in paragraph (1)(B) or (7) tions Subcommittee hearing, the sub- makes this world safer; it makes it a of section 13(a) of the National School Lunch committee of which I am a member, better world; and to the extent that we Act (42 U.S.C. 1761(a)). General Fogleman, who indicated in re- can continue this program and fund it ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR sponse to a question of mine that he the way it should be funded, I want to CHILDREN.—The term ‘summer food service would not likely be here when we have be a part of that. I hope very much we program for children’ means a program au- additional base closing rounds and said can get a vote on the amendment that thorized by section 13 of the National School he would not recommend that we have is now pending, and when we do I hope Lunch Act (42 U.S.C. 1761). two additional rounds. If we have addi- ‘‘(2) USE OF FUNDS.—Out of any amounts very much the amendment will prevail. made available under section ll(a)(1) of the tional rounds, and he indicated that he Mr. President, I yield the floor. National Defense Authorization Act for Fis- felt there would be some overcapacity, Mr. WELLSTONE addressed the cal Year 1998, the Secretary of Agriculture we should have only one, he said. That Chair. shall make payments on a competitive basis would be his recommendation. But I The PRESIDING OFFICER. The and in the following order of priority (sub- believe very strongly that we should Chair recognizes the Senator from Min- ject to the other provisions of this sub- not authorize two additional base clos- nesota. section), to— ing rounds in this defense authoriza- Mr. WELLSTONE. I would ask unani- ‘‘(A) State educational agencies in a sub- mous consent that the pending amend- stantial number of States for distribution to tion bill for a number of reasons. eligible schools to assist the schools with The Congressional Budget Office ment be laid aside. nonrecurring expenses incurred in— stated the following. The Congressional The PRESIDING OFFICER. Without ‘‘(i) initiating a school breakfast program Budget Office said: objection, it is so ordered. under this section; or The Congress could consider authorizing AMENDMENT NO. 670 ‘‘(ii) expanding a school breakfast pro- an additional round of base closures if DOD (Purpose: To require the Secretary of De- gram; and believes there are surplus military capacity fense to transfer $5,000,000 to the Secretary ‘‘(B) a substantial number of States for dis- after all rounds of BRAC have been carried of Agriculture to provide funds for out- tribution to service institutions to assist the out. That consideration, however, should fol- reach and startup for the school breakfast institutions with nonrecurring expenses in- low an interval during which DOD and inde- program) curred in— pendent analysts examine the actual impact Mr. WELLSTONE. Mr. President, I ‘‘(i) initiating a summer food service pro- of measures that have been taken thus far. gram for children; or call up amendment 670. ‘‘(ii) expanding a summer food service pro- Such a pause would allow DOD to collect the The PRESIDING OFFICER. The data necessary to evaluate the effectiveness gram for children. clerk will report. ‘‘(3) PAYMENTS ADDITIONAL.—Payments re- of initiatives and to determine the actual The assistant legislative clerk read costs incurred and savings achieved. ceived under this subsection shall be in addi- as follows. tion to payments to which State agencies The Congressional Budget Office The Senator from Minnesota [Mr. are entitled under subsection (b) of this sec- thinks it would be unwise to initiate WELLSTONE] proposes an amendment num- tion and section 13 of the National School additional base closing rounds without bered 670. Lunch Act (42 U.S.C. 1761). having the information available about Mr. WELLSTONE. Mr. President, I ‘‘(4) STATE PLAN.—To be eligible to receive what have been the costs and the bene- a payment under this subsection, a State ask unanimous consent that reading of educational agency shall submit to the Sec- fits of the previous three rounds. I the amendment be dispensed with. think we would be wise to heed the ad- retary of Agriculture a plan to initiate or ex- The PRESIDING OFFICER. Without pand school breakfast programs conducted in monition of the Congressional Budget objection, it is so ordered. the State, including a description of the Office on this issue. The amendment is as follows: manner in which the agency will provide A good many Senators have ex- At the end of subtitle D of title X, add the technical assistance and funding to schools pressed an interest in this amendment following: in the State to initiate or expand the pro- on both sides of the aisle—Senator SEC. . TRANSFER FOR OUTREACH AND STARTUP grams. DASCHLE, Senator CONRAD, Senator FOR THE SCHOOL BREAKFAST PRO- ‘‘(5) SCHOOL BREAKFAST PROGRAM PREF- LOTT, Senator DOMENICI, Senator FEIN- GRAM. ERENCES.—In making payments under this subsection for any fiscal year to initiate or STEIN, Senator DODD, and others. I (a) TRANSFER REQUIRED.—In each of fiscal expand school breakfast programs, the Sec- know we will likely have a significant years 1998, 1999, 2000, 2001, and 2002, the Sec- retary of Defense shall transfer to the Sec- retary shall provide a preference to State and robust debate when this occurs. retary of Agriculture— educational agencies that— I simply wanted to alert my col- (1) $5,000,000 of the funds appropriated for ‘‘(A) have in effect a State law that re- leagues that some of us feel very the Department of Defense for that fiscal quires the expansion of the programs during strongly that we should not initiate year; and the year; additional base closing rounds in this (2) any additional amount that the Sec- ‘‘(B) have significant public or private re- defense authorization bill until we re- retary of Agriculture determines necessary sources that have been assembled to carry ceive the information that we think we to pay any increase in the cost of the meals out the expansion of the programs during the should have about costs and benefits on provided to children under the school break- year; ‘‘(C) do not have a school breakfast pro- previous rounds. fast program as a result of the amendment made by subsection (b). gram available to a large number of low-in- Let me close with a word about the (b) USE OF TRANSFERRED FUNDS.—Section 4 come children in the State; or subject that I originally discussed; that of the Child Nutrition Act of 1966 (42 U.S.C. ‘‘(D) serve an unmet need among low-in- is, the Cooperative Threat Reduction 1773) is amended by adding at the end the fol- come children, as determined by the Sec- Program. lowing: retary. There are those who are critical of ‘‘(f) STARTUP AND EXPANSION COSTS.— ‘‘(6) SUMMER FOOD SERVICE PROGRAM PREF- the political process, and I suppose in ‘‘(1) DEFINITIONS.—In this subsection: ERENCES.—In making payments under this many cases justifiably, because there ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible subsection for any fiscal year to initiate or are a lot of things that are done in the school’ means a school— expand summer food service programs for ‘‘(i) attended by children, a significant per- children, the Secretary shall provide a pref- democratic process that are not effi- centage of whom are members of low-income erence to States— cient, some not effective. It is not a families; ‘‘(A)(i) in which the numbers of children very efficient form of government—the ‘‘(ii)(I) as used with respect to a school participating in the summer food service best form of government but not the breakfast program, that agrees to operate program for children represent the lowest

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6968 CONGRESSIONAL RECORD — SENATE July 8, 1997 percentages of the number of children receiv- and later on that child is quite likely AMENDMENT NO. 666 ing free or reduced price meals under the to end up being an adult who cannot (Purpose: To increase funding for Federal school lunch program established under the earn. Pell Grants) National School Lunch Act (42 U.S.C. 1751 et To give some context, we still have Mr. WELLSTONE. I call up amend- seq.); or some 27,000 schools that are not able to ment 666. ‘‘(ii) that do not have a summer food serv- The PRESIDING OFFICER. The ice program for children available to a large make breakfast available or that do number of low-income children in the State; not make breakfast available to eligi- clerk will report. and ble students, and 8 million low-income The assistant legislative clerk read ‘‘(B) that submit to the Secretary a plan to children who need breakfast but do not as follows. expand the summer food service programs participate. What my amendment does The Senator from Minnesota [Mr. for children conducted in the State, includ- is correct an action that we as Con- WELLSTONE] proposes an amendment num- bered 666. ing a description of— gress took which was egregious. In the ‘‘(i) the manner in which the State will welfare bill that we passed, we elimi- Mr. WELLSTONE. Mr. President, I provide technical assistance and funding to ask unanimous consent that reading of service institutions in the State to expand nated a $5 million fund which was an outreach and start-up grant for school the amendment be dispensed with. the programs; and The PRESIDING OFFICER. Without ‘‘(ii) significant public or private resources breakfast programs. It was created in objection, it is so ordered. that have been assembled to carry out the 1990, and it was made permanent in The amendment is as follows: expansion of the programs during the year. 1994. These outreach grants are one- At the end of subtitle D of title X, add the ‘‘(7) RECOVERY AND REALLOCATION.—The time grants that help States develop Secretary shall act in a timely manner to re- following: school breakfast programs. SEC. . TRANSFER OF FUNDS FOR FEDERAL PELL cover and reallocate to other States any Let me be crystal clear as to what is amounts provided to a State educational GRANTS. agency or State under this subsection that going on here. Every low-income stu- (a) TRANSFER REQUIRED.—The Secretary of are not used by the agency or State within a dent who is eligible for a free lunch is Defense shall transfer to the Secretary of reasonable period (as determined by the Sec- eligible for breakfast as well but only Education $2,600,000,000 of the funds appro- retary). 40 percent of those students are able to priated for the Department of Defense for fis- cal year 1998. ‘‘(8) ANNUAL APPLICATION.—The Secretary get the assistance they need for a (b) USE OF TRANSFERRED FUNDS.—Funds shall allow States to apply on an annual healthy and nutritious breakfast. The transferred to the Secretary of Education basis for assistance under this subsection. $5 million grant program was elimi- pursuant to subsection (a) shall be available ‘‘(9) GREATEST NEED.—Each State agency nated because it was an effective cata- and State, in allocating funds within the to carry out subpart 1 of part A of title IV of State, shall give preference for assistance lyst toward school districts expanding the Higher Education Act of 1965 (20 U.S.C. under this subsection to eligible schools and both their School Breakfast Programs. 1070a) for fiscal year 1998. service institutions that demonstrate the The welfare bill eliminated it because Mr. WELLSTONE. Mr. President, we greatest need for a school breakfast program it was a success. have a budget plan that provides an ex- or a summer food service program for chil- Now, why in the world do we want to cess $2.6 billion to the Pentagon above dren, respectively. eliminate a small grant program which and beyond what the President re- ‘‘(10) MAINTENANCE OF EFFORT.—Expendi- was such an important tool in pro- quested. This amendment would au- tures of funds from State and local sources viding a nutritious breakfast for low- thorize the Secretary of Defense to in- for the maintenance of the school breakfast income children in America? What this program and the summer food service pro- vest that $2.6 billion in Pell grants in- gram for children shall not be diminished as amendment does is to point out that in stead of $2.6 billion into the Pentagon a result of payments received under this sub- the budget plan we have $2.6 billion for budget. section.’’. the Pentagon above and beyond what If this amendment passes, we would Mr. WELLSTONE. Mr. President, be- the President requested. Can we not see the maximum Pell grant go up to fore I go any further, I ask unanimous authorize the Secretary of Defense to $3,800, and Pell grants stretch to reach consent that Justin Page, who is an in- take $5 million out of $2.6 billion more 4,278,000 students. tern, be allowed to be in the Chamber than the President even requested and This would make a huge difference. during the duration of this debate. put that into a grant program for There was an excellent piece by Larry The PRESIDING OFFICER. Without States and local school districts so Gladieux in Monday’s New York Times. objection, it is so ordered. they can start up school breakfast pro- Gladieux made the argument that what Mr. WELLSTONE. I thank the Chair. grams? is now being proposed—and by the way, Mr. President, I rise today to intro- I submit that part of our definition of I am trying to provide a rigorous, if duce some amendments so that my col- national security has to be the security you will, critique of both Republicans’ leagues have some knowledge of them. of local communities—where every and Democrats’ plans on this—both the We will get back to them when there is child is able to reach her and his full President’s plan and what is being done more time to debate these amend- potential—because when our children here in the Congress through tax de- ments. do well, we do well. It is unconscion- ductions and tax credits does not reach The School Breakfast Program was able that we eliminated an effective, those families for whom higher edu- established back in 1966 as a pilot pro- crucial $5 million grant program when cation really has not been attainable. gram. It was primarily located in rural so many low-income children who need He pointed out, for example, that if a districts. The idea was that children a nutritious and healthy breakfast are tax credit program is not refundable, who lived in rural areas with long bus not able to have it. many families with incomes under rides might not be able to have time to So this is an amendment which gives $28,000 and many community college eat breakfast at home. Since then, the the Secretary of Defense the authority students are not going to benefit at all. School Breakfast Program has really to transfer to the Secretary of Agri- Talk to your financial aid offices. become a wonderful program upon culture $5 million from the $2.6 billion Talk to your students. Talk to people which parents and students heavily above and beyond what the President in your States. I know this is the case rely. In many families, a single parent requested for the Pentagon. Is that too in New Mexico as well. I know that is working or both parents are work- much to ask, $5 million to help State Senator BINGAMAN has been a huge ad- ing, and school breakfasts are recog- and local school districts expand the vocate of the Pell Grant Program. You nized as one of the most beneficial nu- School Breakfast Program so more of talk to many in these community col- trition programs we have. the vulnerable children in this country lege programs, many of whom are older Let me make it clear that a hungry can at least have a nutritious break- and going back to school, and they will child cannot learn and will likely grow fast? That is what this amendment tell you that the Pell Grant Program is up to be an adult who cannot earn. We speaks to. This is amendment 670. the most effective, efficient way of are talking about a very wise invest- Mr. President, I now would ask unan- meeting their needs. ment. One more time. Sometimes we imous consent that this amendment be Mr. President, I do not remember ex- debate in this Chamber and we make laid aside. actly the statistics, but there has been issues out to be so complex. This is The PRESIDING OFFICER. Without something like a flat 8 percent gradua- simple. A hungry child cannot learn objection, it is so ordered. tion rate for women and men coming

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6969 from families with incomes under where it leads. Those who oppose a ference between victory and defeat and it $20,000 a year since the late 1970’s. That strong defense often attempt to justify also spells the difference between being a su- is a disgrace. We know higher edu- their position by reminding us that the perpower and not being one. cation is key to economic success. All cold war is over. They conclude that Mr. President, I strongly urge all of of us wish that higher education will be defense spending should be lower be- my colleagues to oppose this amend- there for our children and our grand- cause we do not face an obvious danger ment that would intend to cut defense children, but still we have a lot of fam- from a threat like the Soviet Union. spending. It is absolutely necessary ilies for whom it is not affordable. The They make a simple argument. This ar- that we maintain defense for the secu- best way to make sure they have the gument is appealing because it pro- rity of this Nation. I yield the floor. assistance they need, the best way to vides an easy solution to our funding Mr. WELLSTONE addressed the make sure the Pell Grant Program can problems—but the argument is wrong Chair. help working families, moderate-in- and dangerous. The PRESIDING OFFICER. The come families, even reach into the mid- While our Nation no longer faces a Chair recognizes the Senator from Min- dle-income range, is to expand the Pell cold war danger, the world is still a nesota. Grant Program. I suggest that when we dangerous place. The belief that con- Mr. WELLSTONE. Mr. President, have all sorts of reports that there are tinual reductions to defense are in just a very brief response. I appreciate tens of billions of dollars the Pentagon order is not only ignoring reality, it the comments of my colleague from cannot even account for in its expendi- also overlooks requirements for both South Carolina. I always appreciate tures—Senator GRASSLEY from Iowa present and future force readiness. We what he has to say. has done an excellent job in continuing ask our men and women in uniform to I do want to point out that one of my to focus on this issue—and when you respond to crises all over the world amendments—and I am hoping we can have a situation where the Pentagon in every day. Right now, we have United have some agreement on it—just says the budget resolution receives more States troops on duty in Bosnia, in the we should really follow the action of money than the President even re- skies over Iraq, and on ships at sea the House and do not eliminate a pro- quested, it would seem to me we could near any actual or potential trouble gram within DOD which is a critical take that $2.6 billion in excess of what spot in the world. testing program for atomic veterans to The Chief of Staff of the Army, Gen- is needed or has been requested and in- find out what happened to them. eral Reimer, testified that, stead put it into a very successful high- The second amendment I have has a er education program which is all Requirements have risen 300 per- lot to do with defense. It has to do with cent....Excessive time away from home is veterans who found out after the fact about our national defense. often cited by quality professionals as the We do not do well as a nation unless that in the budget resolution we essen- reason for their decision to leave the mili- tially put into effect cuts in veterans’ we have a skilled work force. As we tary. It is common to find soldiers that have look to the next millennium, when so been away from home . . . for 140, 160 or 190 health care. I just have to say to all many of the industries are going to be days of this past year. my colleagues, these veterans are very womenmade and manmade—and many The Secretary of the Air Force, Dr. much about our national defense. I of them, Mr. President, since you are a Widnall, testified that, don’t think it is too much out of a $2.6 strong advocate of small business, are Since Desert Storm, we have averaged billion excess of what the President small businesses—let us make sure three to four times the level of overseas de- and Pentagon even asked for to say, that higher education is affordable. Let ployment as we did during the Cold War. look, let’s take $400 million and put us do something that will make a huge The problem remains that we will that into the VA health care budget. difference. And one of the things we do not require less of our servicemen and These veterans are all about our na- is take a small amount of money—it is women. At the same time, some of my tional defense. I think this is going to a small amount of money in the con- colleagues seek to continue to reduce be a critically important vote, and I text of the Pentagon budget—and put defense spending. This is not right. De- look forward to the debate on it. it into expanding the Pell Grant Pro- ployments to trouble spots have not The third amendment I offered was gram. slowed down. We have not stopped an amendment which dealt with the There is not one of my colleagues, sending our young service people all School Breakfast Program. I again Democrat or Republican, who is going over the world. have to say, it would seem to me when to hear from the higher education com- Arguments are made that the Pen- we are talking about $2.6 billion more munity, the students or their families tagon could find all the money it needs than what the President asked for, it is that more of an investment in the Pell by eliminating wasteful spending. Mr. not so much to take $5 million which is Grant Program is not extremely impor- President, this is probably true of so critical to enabling States to start tant to them. It is very important to many programs, not just defense. No up school breakfast programs and put the families we represent. It is very im- one supports wasteful spending. But it towards making sure that children portant to the future of our States. It concerning the Defense Department, have a nutritious breakfast before they is very important to the future of our Secretary Cohen is taking action. He go to school. This is all about prior- country. I look forward to a full debate has just finished and delivered the De- ities. It is not a question, I say to other about our priorities as we go forward partment’s report on the Quadrennial Senators, of not wanting a strong de- with this defense authorization bill and Defense Review [QDR], a review of the fense. This is a small amount of money get back to debate on each of these national military strategy, force struc- we are saying the Secretary might be amendments. ture, and assets necessary to carry out authorized to transfer, a small amount With that, Mr. President, I thank my it out. He has recently established an- of money with a very big bang. colleagues for their graciousness in let- other panel to push the Defense De- I just finished talking about how my ting me introduce these amendments partment toward more business-like Pell grant amendment, too, impacts today and I will yield the floor. operations. The Armed Services Com- our national defense. Mr. THURMOND. Mr. President, I mittee has already held one hearing So, again, these amendments all rise today to oppose the amendment of- concerning the QDR. More hearings focus on the $2.6 billion above and be- fered by Senator WELLSTONE to reduce will be held. yond what the President requested for defense spending. The budget agree- Mr. President we must remember the Pentagon. These amendments say ment represents what is available for that the QDR is an attempt to define we ought to at least give the Secretary defense spending, not what is required. our military requirements for our fu- the authority to transfer some of the This amendment reduces defense fund- ture military security, but we must small amount of funding to make sure ing below the amount that was agreed deter wars with ships, planes, and veterans get the health care that they to by both the congressional and ad- tanks today. There is a price for free- need or to make sure that we re-estab- ministrative budget negotiators. dom. This is the price for world leader- lish startup grants for the School Mr. President, we have been down ship. As Secretary Cohen stated: Breakfast Program, to make sure we this road before, but it seems that Having highly ready forces that can go keep the program that we have had for some of my colleagues have forgotten anywhere at any time really spells the dif- the atomic veterans, and, finally, I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6970 CONGRESSIONAL RECORD — SENATE July 8, 1997 have raised questions about an invest- derstand why we are having the vote at Congratulations, Senator ENZI. ment in education, but it is all done all. I hope that the majority leader will Thank you for all the time that you within the framework of an excess $2.6 reconsider and vitiate the yeas and have spent in the chair. The week be- billion. This is a debate about prior- nays and put off any votes on cloture fore the Fourth of July recess period I ities, it is not a debate about who is for until such time as there is some evi- had noted what an excellent job you a strong defense. dence at least that some Senator is had been doing as a Presiding Officer, Mr. President, I yield the floor, and I trying to delay action on the bill. I see having been in the chair late, I think it suggest the absence of a quorum. no evidence of that at the present time. was, on Thursday night and back in the The PRESIDING OFFICER. The I think all of the Senators who have chair through a long, extended period clerk will call the roll. come to the floor this morning to offer of time on Friday morning. The legislative clerk proceeded to amendments have had those amend- We appreciate your good work. Now call the roll. ments set aside because of their agree- that you have reached this milestone, Mr. BINGAMAN. Mr. President, I ask ment with the majority leader’s posi- we hope you will continue on. You are unanimous consent that the order for tion that we should postpone votes doing such a good job we will just keep the quorum call be rescinded. until tomorrow evening after our col- this pattern going in the future. The PRESIDING OFFICER. Without leagues return from Madrid. f objection, it is so ordered. Mr. President, I wanted to make that ORDER OF PROCEDURE Mr. BINGAMAN. Mr. President, since statement because I have great dif- there is no other Senator wishing to ficulty understanding myself the proce- Mr. LOTT. Mr. President, Senators speak right now, let me say a word dure that is being followed. should be on notice that the Senate about the procedure that we seem to be I yield the floor, and I suggest the ab- will begin having rollcall votes on agreed upon of having a cloture vote sence of a quorum. Mondays and Fridays in order to make this afternoon at 3 o’clock. I know the The PRESIDING OFFICER. The substantial progress on appropriations majority leader has requested unani- clerk will call the roll. bills prior to the August recess. I have mous consent to do that and has been The legislative clerk proceeded to discussed this with the Democratic granted unanimous consent to do that. call the roll. leader. He understands and agrees we I certainly did not object. But I have to Mr. LOTT. Mr. President, I ask unan- should be prepared to have these votes say, Mr. President, that the procedures imous consent that the order for the on Mondays and Fridays so that we can in the Senate, as is said in Alice in quorum call be rescinded. make substantial progress on appro- Wonderland, get curiouser and The PRESIDING OFFICER. Without priations bills. curiouser. Having a cloture vote at this objection, it is so ordered. We hope to do a minimum of five ap- stage in our deliberations on this De- Mr. LOTT. Mr. President, for the in- propriations bills as well as the bal- fense authorization bill seems to me formation of all Senators, the cloture anced budget and the tax fairness con- the most curious of any procedure I vote scheduled for today will occur at 3 ference reports before the Senate ad- can recall. p.m. It is my hope that cloture will be journs for the August recess. We are, as I understand it, being ad- invoked so that the Senate can com- Consequently, Senators need to be vised by the leadership, the majority plete action on this very important De- aware that votes should be anticipated leadership, Senator LOTT, that we do partment of Defense authorization bill on Mondays and Fridays, at least up not want any votes on this bill until at this week. until noon on Fridays. We will need the least 6 o’clock tomorrow evening when It is my understanding that perhaps cooperation of all Senators. the absent Members who are in Madrid as many as 150 first-degree amend- We also, of course, could have some with the President attending the meet- ments have been filed to the bill. Need- Executive Calendar nominations that ing on NATO return. I understand that less to say, there remains a tremen- would be required to either get clear- is a very important meeting, and I cer- dous amount of work to be done in ance or to actually have them called up tainly commend them for being there order to complete action this week. and have votes on them. We will be providing more information on that as to attend that. I do not object to post- f poning votes on this important defense the week goes forward. authorization bill until they return. SENATOR ENZI RECEIVES GOLDEN I yield the floor, Mr. President. But for us to be, on one hand, being GAVEL AWARD f told that we should not vote because Mr. LOTT. Mr. President, today, the RECESS Members are absent and, on the other Senate pauses to recognize a colleague The PRESIDING OFFICER. Under hand, being told that we should invoke who has now presided over the Senate the previous order, the Senate stands cloture because someone is delaying for 100 hours during this session of Con- in recess until 2:15 p.m. today. the Senate in concluding action on this gress. It has been a longstanding tradi- Thereupon, at 12:38 p.m., the Senate bill, the only people delaying the Sen- tion in the U.S. Senate to honor those recessed until 2:15 p.m.; whereupon, the ate in concluding action are the absent Senators who preside 100 hours in a sin- Senate reassembled when called to Senators or the leadership in trying to gle session. To those individuals who order by the Presiding Officer (Mr. protect them from votes. So I have achieve this height, we bestow the HAGEL). great difficulty understanding why we Golden Gavel Award. Mr. INHOFE. Mr. President, I suggest While many Senators have won this are having this cloture vote today. the absence of a quorum. Obviously, if that is the majority prestigious honor, few have done so as The PRESIDING OFFICER. The leader’s will or desire, he has that right swiftly as Senator MIKE ENZI of Wyo- clerk will call the roll. under Senate rules. But for people who ming. Indeed, Senator ENZI has sur- The legislative clerk proceeded to try to understand the proceedings passed all other records that have been call the roll. around the Senate, I think they need set by Republican Senators in the his- Mr. COCHRAN. Mr. President, I ask to understand that invoking cloture tory of the Golden Gavel Award. Today unanimous consent that the order for does cut off debate. That is the purpose he completes his 100th presiding hour. the quorum call be rescinded. of it. It limits the number of amend- The Senate has been in session this The PRESIDING OFFICER. Without ments each Senator can offer. It limits year for approximately 615 hours, and objection, it is so ordered. the length of time each Senator can the freshman Senator from Wyoming, f speak. It prevents us from seriously as Presiding Officer, has filled 100 of considering legitimate proposals that those hours with matchless enthusiasm MORNING BUSINESS may be made to improve or alter this and dedication. Mr. COCHRAN. Mr. President, I ask bill. So, on behalf of my colleagues, I ex- unanimous consent there now be a pe- So I think it would be a big mistake tend my congratulations to the first riod for morning business during which for us to invoke cloture. As I said in Golden Gavel recipient of the 105th Senators may speak for up to 5 min- my early comment, I think it is really Congress, Senator MIKE ENZI, who is utes each, lasting until the hour of 3 very confusing to this Senator to un- presiding at this time. p.m.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6971 The PRESIDING OFFICER. Without that feeds over 50,000 people a month in lost loved ones, we send our prayers objection, it is so ordered. Michigan, sustained $10 million in and condolences. And to the many oth- f damages when a tornado tore the roof ers who have been affected by this, we off several of its buildings and blew out want you to know that people are com- HONORING THE GIBSONS ON THEIR dozens of windows. In the city of Ham- mitted to working to do everything we 60TH WEDDING ANNIVERSARY tramck, another community I visited, can to return things to normal and to Mr. ASHCROFT. Mr. President, fami- the scene was reminiscent of a Holly- overcome this tragedy. It was an in- lies are the cornerstone of America. wood set, with cars up-ended, houses credible storm, but Michigan is an in- The data are undeniable: Individuals destroyed, and roofs ripped off build- credible State, and I know we will suc- from strong families contribute to the ings. It was an incredible act of nature cessfully rebuild and put things back society. In an era when nearly half of which, at one point, left approximately on track in a very short period of time. all couples married today will see their 325,000 people in our State without I yield the floor. union dissolve into divorce, I believe it power. is both instructive and important to I appear today, really, just to give f honor those who have taken the com- the Senate an update. Michigan is a re- ARE POLITICAL CONTRIBUTIONS mitment of ‘‘till death us do part’’ seri- silient place and the people in all of VOLUNTARY? ously, demonstrating successfully the these communities have risen to this Mr. NICKLES. Mr. President, on be- timeless principles of love, honor, and challenge. People have been volun- half of Mr. David Stewart and millions fidelity. These characteristics make teering, helping neighbors, and coming of workers like him, who hold their po- our country strong. from all over our State to lend a hand litical freedoms in this country in the For these important reasons, I rise in places such as Chesaning, a city in highest regard, I send the June 25, 1997 today to honor Clarence and Rena Gib- Saginaw County, and in Genesee, Rules Committee testimony of Mr. son of Independence, Missouri, who on Wayne, Macomb and Oakland Counties. David Stewart of Owasso, Oklahoma to August 7, 1997, will celebrate their 60th I am very proud of those people, Mr. the desk and ask unanimous consent wedding anniversary. My wife, Janet, President. I appear today to thank all that it be printed in the RECORD. and I look forward to the day we can of those who have stepped up to this There being no objection, the testi- celebrate a similar milestone. The Gib- challenge. mony was ordered to be printed in the sons’ commitment to the principles Government officials, led by our Gov- RECORD, as follows: and values of their marriage deserves ernor John Engler, Detroit Mayor Den- to be saluted and recognized. nis Archer, Mayor Kozaren of Ham- TESTIMONY OF DAVID STEWART, TRANSPORT WORKERS UNION OF AMERICA-LOCAL 514, RE- tramck, Mayor Danaher of Grosse f GARDING SENATE BILL S. 9, THE PAYCHECK Pointe Farms, Supervisor Kirsh of MICHIGAN TRAGEDIES PROTECTION ACT Washington Township, Supervisor My name is David Stewart, I am a member Mr. ABRAHAM. Mr. President, late DePalma of Groveland Township, Su- of the Transport Workers Union of America, on Wednesday, July 2, the State of pervisor Walls of Springfield Township, Local 514 located in Tulsa, Oklahoma. I am Michigan was the recipient of an Mayor Jester of East Lansing, Super- here today to support changes in legislation uninvited guest for the holiday week- visor Miesle of Cohoctah Township, Su- that will protect the hard earned money of end: Namely, a series of intense thun- pervisor Kingsley of Conway Township, myself, and my co-workers. We are tired of derstorms which ripped through the Supervisor Wendling of Maple Grove funding political agendas and/or candidates south-central and south-eastern por- Township, Village President Mahoney that we do not endorse or vote for. I want to tions of our State. first make the point that I am not anti- of Chesaning and numerous other local union, I have received decent wages and ben- Heavy rains, accompanied by 13 con- officials have pulled together the State efits as a result of my membership with the firmed tornado touchdowns, and power- and local resource teams to get out and T.W.U. and believe that union membership is ful straight line winds in excess of 70 to help distressed folks. The Michigan beneficial and would recommend that all 100 miles per hour caused extensive State emergency personnel, the State working men and women of the United damage, injury and some deaths in our police, and FEMA have already begun States join in a union. State. I have had the chance since then the public damage assessments and Let me submit a brief overview of my his- to tour a number of the damaged sites they have been stalwarts in addressing tory in Organized Labor. I became a union in our State, and I know that Senator member (Transport Workers Union of Amer- these problems. I want to commend ica) in September 1983, when I was hired as a LEVIN has likewise been visiting some them, but I especially want to com- welder at American Airlines Inc. I was very of these communities. I can attest to mend the volunteers from all over our interested in the affairs of the union and at- the level of destruction which has State who have joined together to pro- tended all union meetings and quickly be- taken place in Michigan. vide these first few days the kind of came a Shop Steward around December 1983. Just to put some statistics to the de- neighbor-to-neighbor help that truly As my interest continued, I was offered scriptions, all told we had 13 people makes the difference when crises of Labor Study classes in the evenings at Tulsa who were killed as a result of the this type occur. Junior College in 1984. I accepted and at- storms, approximately 117 others as of Our office is very actively involved, tended the following courses: History, Orga- this morning who were injured, and nization, and Functions of Unions, Labor and along with the other congressional of- Politics, Labor Laws, and Grievance Han- some 1,482 people are homeless today as fices, in trying to provide assistance. dling and Arbitration. a result of the storm. Public damage We have made it clear to those in need, In 1985–86 I was elected Vice-President of estimates at this point are now close to if there is anything we can do we will the Northeastern Oklahoma Labor Council. $135 million, and are expected to rise. be there to help. We also intend to con- This was a very short lived position as I am To put it in even a more personal tinue the efforts to work with our the father of three boys and the time needed perspective, in Grosse Pointe Farms, State and with FEMA to provide what- to perform these duties conflicted with my MI, winds in excess of 75 miles per hour ever assistance we can, and if a deci- requirements as a father and resigned this caused the collapse of an occupied pic- position after about eight months. In any sion to seek Federal aid is made, cer- event, my involvement with the union con- nic pavilion gazebo. It actually swept tainly I urge the President to move tinued as a member. I continued my duties the gazebo across the park, lifted it quickly to approve it. My wife, today, as Shop Steward and was very involved with and those in it through a fence and in fact, is in the State working with the Political Wing of the Union. This Polit- into Lake St. Clair. Five people, in- the Red Cross in a number of the shel- ical Wing has a ‘‘sign factory’’ behind the cluding several very young children, ters that have been provided. People Union Hall where volunteers print, assemble, were killed as a result. In Wayne and from our staff and other congressional and distribute yard signs for political cam- Macomb, Counties, flooding caused by staffs, I know, are likewise performing paigns. I spent many hours in this building the intense rainfalls resulted in nearly learning of political issues and candidates various volunteer services. that the union supported. 52 million dollars’ worth of damage to So, Mr. President, I want to send a In 1991, I transferred to a newly created the public water and sewer systems. In heartfelt thanks to those in our State local in Fort Worth, Texas. As I spent time the city of Detroit, the headquarters of who have donated their time and en- away from Tulsa and the strong political Focus:HOPE, a volunteer organization ergy. To the families of those who have wing of the Tulsa local union, my personal

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6972 CONGRESSIONAL RECORD — SENATE July 8, 1997 political views began to change toward a so that I can receive the reward for voice and cern that the country must remain One more conservative position and I began to re- vote in the union business associated with America, and that all Americans must alize that I really do not agree with some of the germane. have an opportunity to share in the the agendas and the candidates that the I am currently a participant for Option B, American dream. union endorses. Yet, we are all required to and I appear before this committee today to fund these agendas and campaigns just by exercise Option C. Too often, the race issue is used as a virtue of our membership in the union. As I It is my understanding that Organized wedge to divide America. searched for relief from this unjust require- Labor will oppose this legislation. I find this President Clinton’s goal is to unite ment, I found out about the ‘‘Beck Supreme to be an interesting position, because it will America by examining where we have Court Decision’’ which in effect gives a union not outlaw expenditures, only require con- been, and where we need to go, in order member the right to a refund of the non-bar- sent from each member. If Labor is con- to achieve lasting racial reconciliation. gaining expenditures of the union. The prob- vinced that the membership supports their President Clinton correctly recognizes lem is, I must relinquish my union member- non-germane spending, they should also be that our Nation’s diversity is our convinced that the consent to continue, and ship and the rights associated with that greatest strength, and that we must membership to seek this refund. It is absurd even an increase in this spending should be to require me to fund the contract bar- very easy to obtain. I have no pride in the 35 improve the ability of all Americans to gaining, contract enforcement and adminis- Million Dollar attack on members of Con- realize their full potential. tration of the Local, yet require me to for- gress in the election of last fall. I was dis- Civil rights is still the unfinished feit my rights to a voice in these affairs, gusted to watch the misleading television business of America. We have come a only because I oppose the political expendi- ads attacking decent members of Congress, long way toward the goal of equal jus- tures of the union. I still attend the union and I know many of my co-workers feel the tice and opportunity. But as the meetings and enjoy having a voice in the af- same. On the other hand, an active campaign church arson epidemic, the Texaco de- fairs of the union and my career, I am not has begun to garner support for changes to bacle, the O.J. Simpson trial and the willing to give up this activity to receive the the Federal Aviation Regulations, a bill to refund afforded me by the ‘‘Beck Decision.’’ equalize regulations between domestic and Good Ol’ Boys Roundup demonstrate, In September of 1996, I transferred back to foreign Aviation Repair Stations, this is a we are not there yet. Tulsa as a Crew Chief. I have duties and re- political expenditure that myself, and my Incredibly, there appear to be some sponsibilities covering the assignments of 20 co-workers must spend whatever it takes to who believe that discrimination is a mechanics and welders. I have attended seek support, this is one issue I should not thing of the past, and that the playing about six union meetings in the past eight oppose expenditures and volunteer funds for. field is now level for women, for people months, I have had no conflicts with the This is where I stop and think to myself... of color, and for other victims of dis- union that would influence my decision to why does everything require political fund- crimination. The facts clearly belie come to Washington and testify. I would like ing for passage? Or, why don’t we just do the to believe that my status as a union member right thing for the voter anymore? However, this claim. of the T.W.U. will not be affected by my tes- these hearings are not about Federal Avia- The unemployment rate for African- timony before this committee. tion Regulation changes, Republican vs. Americans is twice that of whites. My options under current law are best de- Democrat, Pro-Union vs. Anti-Union, Right- Women still earn only 72 percent as scribed as follows: to-Work Laws vs. Union Security Agree- much as men. Option A: ments. The issue is about allowing a union The average income of a Latina During the month of January, of any given member to object to political expenditures woman with a college degree is far less year I can send a notice of my objection to and retain the right to vote on issues associ- the International Secretary Treasurer. I than that of a white man with a high ated with the germane expenditures of the school degree. The Glass Ceiling Com- must first assume non-member status in my union that he will fund regardless of which union. I am required to renew this objection option described above is exercised. mission reported that 97 percent of the in January of each year to object for the sub- I feel privileged to sit before this com- top executive positions in Fortune 500 sequent twelve months. As an objector, I mittee today, as the debate over the cam- companies are held by white men, al- shall have neither a voice nor a vote in the paign finance becomes the focus of our gov- though they are just 43 percent of the internal affairs of the Local Union or of the ernment. Very few Americans today believe work force. In the Nation’s largest International Union; nor shall I have a voice that a single voter as myself without a huge or a vote in the ratification of or in any mat- companies, only 1 percent—1 percent— bankroll of cash to fund the next campaign of senior management positions are ter connected with the collective bargaining could ever reach this level of participation. I agreement, whether or not it covers my em- have already, and will continue to spread the held by Latinos or African-Americans. ployment. My paycheck shall continue to word that indeed with persistence and Hate crimes continue to occur at have a fee equal to full union dues deducted knowledge of the issue, a constituent is still alarming rates. by my employer and transmitted to the welcome on the hill. The scales of justice are supposed to union. The Local and the International, I believe very strongly that the Paycheck be blind, but these figures demonstrate place these fees in an interest bearing escrow Protection Act introduced by Senator NICK- that race and gender discrimination account. After completion of an audit, I will LES is the answer to my woe as a union mem- are distorting the balance. receive a rebate equal to an amount ascribed ber. I can object to the collection by intimi- by the audit to non-chargeable activities. Yet, there are those who want to dation of my hard earned money for political eliminate all affirmative action pro- This rebate of course does not include any views and agendas I oppose, yet continue to portion of the interest applied to the escrow have involvement and support those affairs grams, claiming that they have out- account. I can at my own expense challenge of my union that I have no opposition to. It lived their usefulness. It’s time to dis- the validity of the audit. This procedure is is refreshing to see that my Senator, has the pel the barrage of misinformation very cumbersome and probably cost more insight and courage to help the union mem- about affirmative action. than the challenge would change the audit bers of this country by authoring ‘‘the Pay- Affirmative action is not about pro- report. check Protection Act’’ Senate Bill No. 9. Option B: moting or hiring unqualified women I can continue to fund all of the non-ger- Mr. KENNEDY. I ask unanimous con- and minorities, admitting unqualified mane and political expenditures of my union. sent that Tom Perez on my staff be students, or awarding contracts to un- This option allows me to maintain the very given floor privileges. qualified businesses. important voice and vote in the affairs of the The PRESIDING OFFICER. Without Affirmative action has clearly Local and International Union. More impor- objection, it is so ordered. worked in the Armed Forces. Does any- tantly, as a bonus for funding these activi- f body doubt the qualifications of Gen. ties, I have a voice and a vote in the ratifica- Colin Powell? tion of the collective bargaining agreement. PRESIDENTIAL RACE INITIATIVE Affirmative action has clearly It should be pointed out here, that I will AND AFFIRMATIVE ACTION fund the collective bargaining process re- worked in education. College admis- gardless of which option I choose. I only get Mr. KENNEDY. Mr. President, I com- sions practices that allow universities a voice and a vote as a reward for funding mend President Clinton for his impres- to consider race as a factor—not the the other non-germane expenses. sive Presidential initiative on race, main factor or the controlling factor— Option C: which he announced in his recent com- have a positive impact on the ability of Seek assistance from my government rep- mencement address at the University minorities to escape the cycle of pov- resentatives and attempt to get the laws changed that hold my voice and vote hostage of California, San Diego. erty through education. as a result of the Supreme Court Beck Deci- This initiative combines constructive The overwhelming majority of edu- sion of 1988. The bottom line is this, I con- dialog, study and action. It carries for- cators feel that colleges and univer- tinue to fund the non-germane expenditures ward the President’s longstanding con- sities are failing in their mission if

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6973 they ignore the diversity that is the es- It will be a watershed debate in Con- the N.E.A., conservatives argue, it can never sence of the American experience. gress, because Republican extremists cut big-ticket items that will help balance Done right, affirmative action works. in the House are trying to eliminate the budget and reduce the deficit. As Rep- President Clinton’s impressive and ex- Federal support for this important resentative John Doolittle of California put it, ‘‘It is gut-check time for the entire haustive review concluded that affirm- agency. The House Appropriations House.’’ ative action is still an effective tool to Committee has recommended only $10 This statement sounds compelling, but it’s expand economic and educational op- million for the Endowment, and these a red herring. If anything, the N.E.A. actu- portunities, and to combat bigotry, ex- funds would be used only to phase out ally helps balance the budget. The endow- clusion and ignorance. I strongly sup- the agency. The misguided Republican ment has helped a booming nonprofit arts in- port President Clinton’s ‘‘mend it, goal is to eliminate direct Federal sup- dustry, which each year generates $36.8 bil- don’t end it’’ prescription for affirma- port for music, dance, symphonies, and lion in revenue and pays $3.4 billion in Fed- tive action. other arts in communities across eral income taxes. There has always been bipartisan America. Every argument for elimination of the en- support for affirmative action. From The Republican position is so weak dowment crumbles under scrutiny. Conserv- President Kennedy to President Nixon atives say the agency is elitist, but the facts on the merits that the House leader- show that the N.E.A. actually helps average to President Clinton, there has been bi- ship is attempting to use the par- American families gain more access to the partisan support in the White House liamentary rules to block an up-or- arts. When extremists argue that the Gov- and Congress, because no one can say down vote on the merits of this impor- ernment should not be deciding what is good with a straight face that the playing tant issue. art, the facts show that it is not the Govern- field is level for women and minorities. Clearly, this unacceptable attack on ment, but panels of everyday citizens with In addition, President Clinton’s nom- the Arts Endowment deserves to be re- working knowledge and expertise in the arts ination of Bill Lee to head the Civil jected. The Endowment has raised the who are the ones making grant recommenda- Rights Division is also significant step quality of the arts in America. It has tions. in ensuring equal justice for all Ameri- also strengthened support for the arts And although the agency is depicted as nothing but the purveyor of pornography, cans. Bill Lee has dedicated his entire and interest in the arts by Americans the reality is far different. The N.E.A. has career to finding real-life solutions to in all walks of life in cities, towns, and made more than 112,000 grants supporting ev- real life problems of discrimination. villages in all parts of America. erything from the design competition for the The son of Chinese immigrants, Bill For example, under the Endowment’s Vietnam Memorial in Washington, to gospel Lee grew up dirt poor in New York tenure the number of orchestras in music in Lyon, Miss. Fewer than 40 grants City. His parents operated a laundry in America has doubled and the number of have caused controversy—that means 99.96 a poor section of New York. Bill Lee dance companies has increased tenfold. percent of the endowment’s grants have been and his family suffered discrimination Other arts have witnessed similar ex- an unquestioned success. Moreover, two years ago Congress tightened the rules for first hand, and know how it feels to be pansions and earned broad public ap- N.E.A. grants to prevent further con- taunted and excluded simply because of proval. troversy. one’s appearance. An eloquent op-ed article in today’s Facts, however, no longer seem relevant But he overcame their barriers and New York Times by the renowned when it comes to the N.E.A. Some members graduated from Yale University and actor, Alec Baldwin and Robert Lynch of Congress continue to invent one myth Columbia Law School with honors. discusses the extraordinary record of after another as a pretext for eliminating For the past 22 years, he has worked achievement by the Arts Endowment. the N.E.A., just so they can claim victory in on behalf of all victims of discrimina- The article reminds each of us how some form, any form. tion —African Americans, Asian Amer- much is at risk in the current debate, Dick Armey, the House majority leader, icans, Latinos, women, and the poor. and the cynical Republicans strategy claims that a handful of Republicans worked He has won remedies that have aided to prevent a vote on the merits. I ask out a budget agreement two years ago that pledged partial financing for the N.E.A. in them financially, and given them hope unanimous consent that the article exchange for a phase-out of the agency over that they too can be part of America. may be printed in the RECORD. two years. As a result, he is now calling for His ability to forge consensus has There being no objection, the article this new Congress to uphold this alleged earned him the respect of all Ameri- was ordered to be printed in the deal. cans. Republicans and Democrats Record, as follows: But Mr. Armey doesn’t point out that this alike, including Mayor Richard Rior- [From the New York Times, July 8, 1997] agreement was specifically excluded in the dan, and Senators WARNER and THUR- TYRANNY OF THE MINORITY final appropriations bill two years ago. In fact, it was never included in any bill en- MOND, have written letters of support (By Alec Baldwin and Robert Lynch) acted into law. on his behalf. I hope that he will be Whether or not you believe the National confirmed expeditiously so that he can Even if the agreement were valid, Mr. Endowment for the Arts should be elimi- Armey himself provides a reason not to sup- help lead the effort to ensure that civil nated, there is one basic principle upon port it. Explaining why he was not bound by rights guarantees do not remain hollow which we should all agree: Congress should the recent balanced budget agreement, he re- promises. at least vote on the matter, and the majority cently said: ‘‘The basic rule around this town The issue of discrimination is too im- should prevail. is that if you’re not in the room and you portant to become a political football This notion may seem obvious, but it is don’t make the agreement, you’re not bound the very principle that the House leadership by it.’’ in Congress. As we continue the discus- is undermining. The House Appropriations Mr. Armey makes an excellent point. He sion of race and gender, I urge my col- Committee recommended giving the endow- and other House leaders should stop bullying leagues to support President Clinton’s ment $10 million for the fiscal year begin- rank-and-file members to eliminate the initiative, and continue the tradition ning Oct. 1—only enough to shut it down. N.E.A. After all, will Americans think that of bipartisan support that has served We believe that a clear majority of House members want to reject this scheme. After using arcane parliamentary rules to elimi- this country well in recent decades. nate the endowment is an achievement wor- Our goal is still to guarantee equal op- all, poll after poll shows that the public sup- ports the endowment. The Senate leadership thy of the 105th Congress? portunity for all Americans. Let us be has indicated that it is willing to continue Mr COCHRAN. Mr. President, I sug- sure that when we say ‘‘all,’’ we mean the N.E.A.’s current level of financing, and gest the absence of a quorum. ‘‘all.’’ the White House has threatened to veto any The PRESIDING OFFICER. The f bill eliminating the agency altogether. Despite these clear signals, House leaders clerk will call the roll. SUPPORT FOR THE ARTS are using parliamentary rules to block an The legislative clerk proceeded to ENDOWMENT open and fair vote. The leadership is requir- call the roll. Mr. KENNEDY. Mr. President, this ing advocates for the N.E.A. to win a proce- Mr. HELMS. Mr. President, I ask week the House of Representatives will dural vote—before the bill can even be de- unanimous consent that the order for bated on the House floor. If this sounds un- the quorum call be rescinded. take up the Department of Interior ap- fair, that’s because it is. propriations bill, which includes fund- Why does the House leadership want to The PRESIDING OFFICER (Mr. ing for the National Endowment for drive this train into a head-on collision? If KEMPTHORNE). Without objection, it is the Arts. Congress can’t eliminate a small agency like so ordered.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6974 CONGRESSIONAL RECORD — SENATE July 8, 1997 NATIONAL DEFENSE AUTHORIZA- Robb Sarbanes Wellstone tive dollars spent in the entire defense TION ACT FOR FISCAL YEAR 1998 Rockefeller Torricelli Wyden budget. NOT VOTING—9 The Senate continued with the con- They support the complete destruc- sideration of the bill. Biden Jeffords Mikulski tion of nuclear weapons in the nations Coats Landrieu Roth of the former Soviet Union. f Hutchinson McCain Smith (OR) They strengthen border controls to The PRESIDING OFFICER. On this prevent the illegal transport of nuclear CLOTURE MOTION vote, the yeas are 46, the nays are 45. bomb-making materials. The PRESIDING OFFICER. The hour Three-fifths of the Senators duly cho- They support efforts to protect these of 3 o’clock having arrived, under the sen and sworn not having voted in the materials from theft at their storage previous order, the clerk will report affirmative, the motion is rejected. sites or during transport. the motion to invoke cloture. The pending question is amendment They provide employment and eco- The legislative clerk read as follows: No. 666, offered by the Senator from nomic incentives for former Soviet CLOTURE MOTION Minnesota. weapons scientists to avoid the temp- Mr. LEVIN. Mr. President, I suggest tation that they will sell their know- We, the undersigned Senators, in accord- the absence of a quorum. how to buyers from nations and organi- ance with the provisions of rule XXII of the The PRESIDING OFFICER. The Standing Rules of the Senate, do hereby zations that support international ter- move to bring to a close debate on Calendar clerk will call the roll. rorism. No. 88, S. 936, the National Defense Author- The assistant legislative clerk pro- They fund cooperative efforts to ization Act for fiscal year 1998: Trent Lott, ceeded to call the roll. match U.S. commercial applications Strom Thurmond, Jesse Helms, Pete Domen- Mr. KENNEDY. Mr. President, I ask with the Russian defense industry. ici, R.F. Bennett, Dan Coats, John Warner, unanimous consent that the order for Since these programs began, Con- Phil Gramm, Thad Cochran, Larry E. Craig, the quorum call be rescinded. gress has fully funded the administra- Ted Stevens, Tim Hutchinson, Jon Kyl, Rick The PRESIDING OFFICER. Without tion’s budget requests until this year. Santorum, Mike DeWine, and Spencer Abra- objection, it is so ordered. The current committee bill reduces the ham. AMENDMENT NO. 658, AS MODIFIED President’s request by $135 million. The VOTE Mr. KENNEDY. Mr. President, I bill takes $60 million from the Defense The PRESIDING OFFICER. The would like to and will speak briefly on Department’s Cooperative Threat Re- question is, Is it the sense of the Sen- an issue that I think is of significance duction Program, which the depart- ate that debate on S. 936, the Depart- and importance as we are addressing ment intended to use to help Ukraine ment of Defense authorization bill, the defense authorization bill, and that destroy its SS–24 intercontinental bal- shall be brought to a close? The yeas is the amendment of the Senator from listic missiles. and nays are required. The clerk will Indiana, Senator LUGAR. We specifically encouraged the new call the roll. I urge that the Senate support his Government of Ukraine to take this The legislative clerk called the roll. amendment to restore the cuts made in step because these missiles pose a clear Mr. NICKLES. I announce that the the Nunn-Lugar cooperative threat re- and present danger to our national se- Senator from Indiana [Mr. COATS], the duction programs in the Department of curity. It is a costly operation, but few Senator from Akansas [Mr. HUTCH- Defense and related nuclear material are more worthwhile. It is imperative INSON], the Senator from Vermont [Mr. security programs in the Department that we maintain fully funded and JEFFORDS], the Senator from Arizona of Energy. The funds spent on these well-structured programs to deal with [Mr. MCCAIN], the Senator from Dela- programs are the most important cost- all aspects of this serious threat. ware [Mr. ROTH], and the Senator from effective contribution to our national The initiatives undertaken in this Oregon [Mr. SMITH] are necessarily ab- security that we can make. area by the Department of Energy are sent. Today, and for the foreseeable future, equally essential. The International Mr. FORD. I announce that the Sen- the greatest threat to national secu- Nuclear Safety Program upgrades safe- ator from Delaware [Mr. BIDEN], the rity involves potential terrorist acts ty devices on Chernobyl-era nuclear re- Senator from Louisiana [Ms. LAN- using weapons of mass destruction. actors. Yet, its funding has been cut by DRIEU], and the Senator from Maryland And it is ironic that after living for 40 $50 million. [Ms. MIKULSKI] are necessarily absent. years under the specter of a cold war The Materials Protection, Control, The yeas and nays resulted—yeas 46, nuclear holocaust, the prospect of a nu- and Accounting Program supports ef- nays 45, as follows: clear explosion taking place within the forts to identify and store the nuclear [Rollcall Vote No. 161 Leg.] United States has actually increased materials that are most likely to be YEAS—46 since the dissolution of the former So- stolen. Yet, its funding is cut by $25 viet Union. This is the ominous view of million. Abraham Faircloth Murkowski Under these two programs, the De- Allard Frist Nickles both the intelligence community and Ashcroft Gramm Roberts the Department of Defense. Any de- partment of Energy has succeeded in Bennett Grams Santorum fense bill we enact must deal respon- making tons of nuclear weapons mate- Bond Grassley Sessions sibly with this threat. rials secure, primarily plutonium and Brownback Gregg Shelby We have taken significant steps to do highly enriched uranium. Previously, Burns Hagel Smith (NH) Campbell Hatch Snowe so in recent years. In 1991, Senator these materials had not been protected Chafee Helms Specter Nunn and Senator LUGAR initiated the by even the most elementary security Collins Hutchison Stevens Cooperative Threat Reduction Pro- precautions. These materials posed Coverdell Inhofe Thomas Craig Kempthorne gram. The basic concept of that pro- grave threats to our national security, D’Amato Kyl Thompson gram and the nuclear materials safety and they still do. Thurmond DeWine Lott programs at the Department of Energy Alarming public reports in recent Domenici Mack Warner Enzi McConnell is that paying for the destruction and years have mentioned cases where nu- safeguarding of nuclear weapons in the clear materials were intercepted at NAYS—45 states of the former Soviet Union in- border crossings. We can only wonder Akaka Durbin Kohl creases the security of America itself. how many shipments have gone unde- Baucus Feingold Lautenberg The accomplishments of these pro- tected at border crossings and whether Bingaman Feinstein Leahy Boxer Ford Levin grams offer convincing evidence that terrorists even now have custody of Breaux Glenn Lieberman the Nunn-Lugar program works. The these materials. Bryan Gorton Lugar Defense Department has already helped The National Research Council re- Bumpers Graham Moseley-Braun to fund the elimination of 6,000 nuclear leased a report this spring on U.S. pro- Byrd Harkin Moynihan Cleland Hollings warheads in nations of the former So- liferation policy and the former Soviet Murray Cochran Inouye Reed viet Union. Never again will these Union. Its first and strongest rec- Conrad Johnson Reid ommendation is full funding for the Daschle Kennedy weapons threaten the United States. Dodd Kerrey The funds for the Nunn-Lugar and re- Materials Protection, Control, and Ac- Dorgan Kerry lated programs are the most cost-effec- counting Program.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6975 The report goes on to express strong Mr. THURMOND. Mr. President, I up to districts of powerful Members of support for the overall Departments of suggest the absence of a quorum. the other body’s committee. Defense and Energy CTR Programs. The PRESIDING OFFICER. The It has to stop, Mr. President. A lot of But the material protection program clerk will call the roll. people are getting tired of it. I am sure, was specifically singled out as the most The assistant legislative clerk pro- as has happened on many other occa- important area for additional funding. ceeded to call the roll. sions, that when we have a recorded The reason is clear. Bomb-grade nu- Mr. MCCAIN. Mr. President, I ask vote on this, it will carry overwhelm- clear weapon material poses so great a unanimous consent that the order for ingly, but sooner or later we will ask threat to national security that the the quorum call be rescinded. ourselves the question, When are we United States should do all we can to The PRESIDING OFFICER. Without going to spend the money where the work with Russia to guarantee these objection, it is so ordered. priorities are, according to the leaders materials are safely stored—no ifs, Mr. MCCAIN. Mr. President, I under- of the military, both military and ci- ands, or buts. There is no margin for stand, and I have been briefed that vilian? It certainly isn’t in this pro- error, none whatsoever. there will be an amendment proposed gram. Is $28 million a lot of money? The design and manufacture of a on behalf of several Senators to in- Certainly not in this entire bill. But it crude homemade nuclear weapon is a crease the amount for National Guard is symptomatic of the problem that has relatively easy task if the needed ura- Civilian Youth Opportunity Program afflicted defense spending for too long nium or plutonium is available. It to $48 million and to provide a sub- and is becoming epidemic. The House takes just 10 pounds of plutonium— stitute for the provision extending and overwhelmingly wants to spend what about a single handful—to utterly de- revising the authority of the program. potentially would be $27 billion addi- stroy any American city. Mr. President, I strongly object to tionally for B–2 bombers that they Without a major ongoing effort to this amendment. It is already at $20 can’t find a military leader who will identify, catalog, transport, store, and million. The fundamental question say we need. $27 billion. We hear time eventually reprocess or destroy Rus- here arises when we are complaining after time that we are not modernizing sia’s nuclear material, it is just a mat- about the fact that there is not enough the force, that we are losing quality ter of time before some terrorist group money for flying time, there is not men and women out of the military, we becomes a nuclear power. That is why enough money for pay raises, there is are having to lower our recruitment these programs are so important. That not enough money for quality of life standards in order to meet our quotas. is what restoring these funds is all for men and women who are in the What are we going to do to solve it? about. The last thing we need is to military who are serving, and there is Spend $27 billion on B–2 bombers, add look the other way as the next Tim- not enough money for modernization of $28 million to the National Guard, and othy McVeigh prepares to destroy an the force—and every military leader the pork barrel list goes on and on and entire American city. will tell you that—and now we want to on. Over the years we have spent billions add $28 million to a program which, I am telling you, from talking to my of dollars building our nuclear weapons really, the National Guard has no busi- constituents, people are getting a little and implementing strategies to prevent ness being in. It has no business being weary of it, Mr. President. So when nuclear war. Now when a relatively in a Civilian Youth Opportunity Pro- this amendment comes up, I tell the small sum of money can deal with this gram. chairman and the Democrat manager, I current threat, how can we afford not Oftentimes we refer to the job and will want to talk again on it, not be- to? If a terrorist explodes a nuclear role of our Founding Fathers, Mr. cause it is a lot of money—$28 million weapon in the United States, we may President. Who in our Founding Fa- is not a lot of money in a defense bill— well never know who to retaliate thers thought that the job of the Na- but it is the wrong thing to do. It is against. tional Guard was to administer Civil- wrong what we are doing in military It may already be too late. But we ian Youth Opportunity Programs? construction in the bill and wrong hope and pray it is not. We must do The National Guard, I am told by my what we are doing authorizing projects more—much more—to see that the cur- colleagues who are in areas where and programs that we don’t need, when rent loose controls over nuclear weap- there have been floods, devastation, at the same time there are severe and ons and bomb-making materials in the and other disasters, has its hands full. fundamental problems in the military nations of the former Soviet Union do The National Guard has a great deal of that are not being addressed, which not result in a nuclear terrorist attack difficulty in maintaining training lev- means that the Congress of the United on the United States or any other na- els of efficiency. We found that out States isn’t performing its responsibil- tion. during Operation Desert Storm. Now ities in a mature fashion and in a way There will be no comfort in saying we want to add $28 million to a pro- the morning after, ‘‘If only we had that will provide for the national secu- gram that the National Guard has no rity of this country. done more.’’ Now is the time to do business being in. more. Restoring these funds is the in- I yield the floor. Mr. President, I am sure when we Mr. President, I suggest the absence dispensable first step toward doing have a recorded vote on this—and I will of a quorum. more, doing it, and doing it as soon as demand a recorded vote—that it will The PRESIDING OFFICER. The possible. carry overwhelmingly, just like the clerk will call the roll. I commend the Senator from Indiana military construction appropriations The legislative clerk proceeded to for his leadership on this issue. bill that is coming before us will carry Mr. President, I suggest the absence call the roll. overwhelmingly that has billions of Mr. THURMOND. Mr. President, I of a quorum. The PRESIDING OFFICER. The dollars of wasteful and pork barrel ask unanimous consent that the order clerk will call the roll. spending, but sooner or later, sooner or for the quorum call be rescinded. The assistant legislative clerk pro- later, Mr. President, the American peo- The PRESIDING OFFICER. Without ceeded to call the roll. ple are going to be fed up. They are objection, it is so ordered. Mr. THURMOND. Mr. President, I going to stop supporting spending for AMENDMENT NO. 744 ask unanimous consent that the order national defense and they will stop be- (Purpose: To extend the chiropractic health for the quorum call be rescinded. cause they see this kind of unnecessary care demonstration Project for two years) The PRESIDING OFFICER. Without and wasteful and pork barrel spending. Mr. THURMOND. Mr. President, I objection, it is so ordered. I read in the newspaper today the offer an amendment that would extend Mr. THURMOND. Mr. President, I military construction bill has some the Chiropractic Health Care Dem- ask unanimous consent that Senator $900 million additional for projects that onstration Project for 2 years. KYL and Senator COVERDELL be added the administration or the Department Mr. President, I believe this amend- as cosponsors to amendment No. 420 of- of Defense could not find anywhere on ment has been cleared by the other fered by Senator COCHRAN. their priority list—nowhere to be found side. The PRESIDING OFFICER. Without on their priority list as being nec- Mr. President, I urge that the Senate objection, it is so ordered. essary, but they also happen to match adopt this amendment.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6976 CONGRESSIONAL RECORD — SENATE July 8, 1997 The PRESIDING OFFICER. The clude the National Capitol region. In activities relating to the sale and use of al- clerk will report. order to include the experiences of cohol and tobacco. The legislative clerk read as follows: chiropractic care in the National Cap- (3) Programs intended to provide support to members of the Armed Forces and depend- The Senator from South Carolina [Mr. itol region in the evaluation, I propose ents who elect to reduce or eliminate their THURMOND] proposes an amendment num- to extend the demonstration program use of alcohol or tobacco. bered 744. for 2 additional years. I am confident (4) Any other policies or programs intended Mr. THURMOND. Mr. President, I that this amendment will result in a to promote healthy lifestyles among mem- ask unanimous consent that reading of better evaluation of the chiropractic bers of the Armed Forces and their depend- the amendment be dispensed with. care demonstration. ents. The PRESIDING OFFICER. Without I urge my colleagues to support this Mr. LEVIN. Mr. President, we urge objection, it is so ordered. amendment. the Senate adopt the amendment. The amendment is as follows: Mr. LEVIN. Mr. President, the The PRESIDING OFFICER. If there At the end of title VII, add the following: amendment has been cleared on this is no further debate, without objection, SEC. 708. CHIROPRACTIC HEALTH CARE DEM- side. the amendment is agreed to. ONSTRATION PROGRAM. The PRESIDING OFFICER. If there The amendment (No. 648) was agreed (a) TWO-YEAR EXTENSION.—Subsection (b) is no further debate, without objection, to. of section 731 of the National Defense Au- the amendment is agreed to. thorization Act for Fiscal Year 1995 (Public Mr. LEVIN. Mr. President, I move to Law 103–337; 108 Stat. 2809; 10 U.S.C. 1092 The amendment (No. 744) was agreed reconsider the vote by which the note) is amended by striking out ‘‘1997’’ and to. amendment was agreed to. inserting in lieu thereof ‘‘1999’’. Mr. THURMOND. Mr. President, I Mr. THURMOND. I move to lay that (b) EXPANSION TO AT LEAST THREE ADDI- move to reconsider the vote by which motion on the table. TIONAL TREATMENT FACILITIES.—Subsection the amendment was agreed to. The motion to lay on the table was (a)(2) of such section is amended by striking Mr. LEVIN. I move to lay that mo- agreed to. out ‘‘not less than 10’’ and inserting in lieu tion on the table. AMENDMENT NO. 745 thereof ‘‘the National Naval Medical Center, The motion to lay on the table was the Walter Reed Army Medical Center, and (Purpose: To authorize the Secretary of the not less than 11 other’’ agreed to. Army to donate excess furniture, and other (c) REPORTS.—Subsection (c) of such sec- AMENDMENT NO. 648 excess property, of closed Army chapels to tion is amended— (Purpose: To require a report on Department religious organizations that have suffered (1) in paragraph (1), by striking out ‘‘Com- of Defense policies and programs to pro- damage or destruction of property as a re- mittees on Armed Services of the Senate mote healthy lifestyles among members of sult of acts of arson or terrorism) and’’ and inserting in lieu thereof ‘‘Com- the Armed Forces and their dependents) Mr. THURMOND. Mr. President, on mittee on Armed Services of the Senate and Mr. LEVIN. Mr. President, on behalf behalf of Senator HELMS, I offer an the Committee on National Security of’’; amendment which would authorize the (2) by redesignating paragraph (3) as para- of Senator BINGAMAN, I offer an amend- graph (4); ment No. 648 that would require a re- Secretary of the Army to transfer ex- (3) by inserting after paragraph (2) the fol- port on the Department of Defense cess religious articles formerly in lowing new paragraph (3): policies and programs to promote chapels of the Department of the Army ‘‘(3)(A) Not later than January 30, 1998, the healthy lifestyles among members of to churches that have been damaged or Secretary of Defense shall submit to the the Armed Forces and their depend- destroyed as a result of an act of arson committees referred to in paragraph (1) a re- ents. or terrorism. port that identifies the additional treatment Mr. President, I believe this amend- facilities designated to furnish chiropractic I believe this amendment has been care under the program that were not so des- cleared by the other side. ment has been cleared by the other ignated before the report required by para- Mr. THURMOND. Mr. President, we side. graph (1) was prepared, together with the favor the amendment. Mr. LEVIN. Mr. President, the plan for the conduct of the program at the We urge it be agreed to. amendment has, indeed, been cleared, additional treatment facilities. The PRESIDING OFFICER. The and we support it. ‘‘(B) Not later than May 1, 1998, the Sec- clerk will report. Mr. THURMOND. Mr. President, I retary of Defense shall modify the plan for The legislative clerk read as follows: urge the Senate adopt this amendment. evaluating the program submitted pursuant The PRESIDING OFFICER. The to paragraph (2) in order to provide for the The Senator from Michigan [Mr. LEVIN], evaluation of program at all of the des- for Mr. BINGAMAN, proposes an amendment clerk will report. ignated treatment facilities, including the numbered 648. The legislative clerk read as follows: treatment facilities referred to in subpara- Mr. LEVIN. Mr. President, I ask The Senator from South Carolina [Mr. graph (B).’’; and unanimous consent that reading of the THURMOND], for Mr. HELMS, proposes an (4) in paragraph (4), as redesignated by amendment be dispensed with. amendment numbered 745. paragraph (2), by striking out ‘‘The Sec- The PRESIDING OFFICER. Without Mr. THURMOND. Mr. President, I retary’’ and inserting in lieu thereof ‘‘Not ask unanimous consent that reading of later than May 1, 2000, the Secretary’’. objection, it is so ordered. The amendment is as follows: the amendment be dispensed with. Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. Without propose an amendment that would ex- On page 306, between lines 4 and 5, insert the following: objection, it is so ordered. tend the Chiropractic Health Care SEC. 1041. REPORT ON POLICIES AND PROGRAMS The amendment is as follows: Demonstration Program for 2 years TO PROMOTE HEALTHY LIFESTYLES At the end of subtitle E of title X, add the and would include the National Capitol AMONG MEMBERS OF THE ARMED following: region as a demonstration site. FORCES AND THEIR DEPENDENTS. SEC. 1075. DONATION OF EXCESS ARMY CHAPEL In the National Defense Authoriza- (a) REPORT.—Not later than March 30, 1998, PROPERTY TO CHURCHES DAMAGED tion Act for fiscal year 1995, Congress the Secretary of Defense shall submit to the OR DESTROYED BY ARSON OR directed the Secretary of Defense to Committee on Armed Services of the Senate OTHER ACTS OF TERRORISM. conduct a demonstration program to and the Committee on National Security of (a) AUTHORITY.—Notwithstanding any the House of Representatives a report on the other provisions of law, the Secretary of the determine whether chiropractic health effectiveness of the policies and programs of Army may donate property described in sub- care should be provided as part of the the Department of Defense intended to pro- section (b) to an organization described in military health care system. The legis- mote healthy lifestyles among members of section 501(c)(3) of the Internal Revenue Code lation requires a comprehensive eval- the Armed Forces and their dependents. of 1986 that is a religious organization in uation of the program. Representatives (b) COVERED POLICIES AND PROGRAMS.—The order to assist the organization in restoring of the chiropractic health care commu- report under subsection (a) shall address the or replacing property of the organization nity are required to be included in the following: that has been damaged or destroyed as a re- evaluation process. (1) Programs intended to educate members sult of an act of arson or terrorism, as deter- of the Armed Forces and their dependents mined pursuant to procedures prescribed by The National Capitol region was not about the potential health consequences of the Secretary. one of the 10 sites selected to be part of the use of alcohol and tobacco. (b) PROPERTY COVERED.—The property au- the demonstration. My amendment (2) Policies of the commissaries, post ex- thorized to be donated under subsection (a) would expand the demonstration to in- changes, service clubs, and entertainment is furniture and other property that is in, or

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6977 formerly in, chapels or being closed and is approximately $25,000 worth of prop- Mr. THURMOND. Mr. President, I determined as being excess to the require- erty, including 65 oak pews, 3 altars, 2 move to reconsider the vote by which ments of the Army. No real property may be pulpits, communion sets, and other re- the amendment was agreed to. donated under this section. ligious property, has been declared ex- Mr. LEVIN. I move to lay that mo- (c) DONEES NOT TO BE CHARGED.—No charge may be imposed by the Secretary on cess to the needs of Fort Bragg and tion on the table. a donee of property under this section in would ordinarily be sold at auction to The motion to lay on the table was connection with the donation. However, the the highest bidder. Similar property agreed to. donee shall defray any expense for shipping may also be available at other Army AMENDMENT NO. 649 or other transportation of property donated installations. (Purpose: To provide for increased adminis- under this section from the location of the I agree with Pastor Stevenson that trative flexibility and efficiency in the property when donated to any other loca- the Army should be allowed to donate management of the Junior Reserve Offi- tion. this surplus property to some of the cers’ Training Corps) Mr. HELMS. Mr. President, when the churches damaged or destroyed as a re- Mr. LEVIN addressed the Chair. Pilgrims boarded the Mayflower and sult of arson or terrorism. The amend- The PRESIDING OFFICER. The Sen- set sail for a new world, they were ment I am introducing gives the Sec- ator from Michigan. searching for a land where they would retary of the Army authority to donate Mr. LEVIN. Mr. President, on behalf be free to worship God as they wished. such property as it becomes available of Senator BINGAMAN, I offer an amend- Our Founding Fathers, inspired by at Army installations. ment numbered 649 that would provide for increased administrative flexibility their example, incorporated the prin- Mr. President, I know this matter and efficiency in the management of ciple of religious freedom into our na- may seem of little consequence to the Junior ROTC Program. tional fabric. The importance of this some considering that Congress is con- I think this amendment has been principle to our national character is sidering a budget in excess of $1.7 tril- emphasized by its honored place in the cleared by the other side. lion dollars. However, the gift of this Mr. THURMOND. Mr. President, the first clause of our Bill of Rights which furniture and religious property can reads ‘‘Congress shall make no law re- amendment is accepted on our side. mean a very great deal to congrega- The PRESIDING OFFICER. The specting an establishment of religion, tions such as the New Outreach Chris- or prohibiting the free exercise there- clerk will report. tian Center that are struggling to re- The legislative clerk read as follows: of.’’ build. In spite of this protection, some citi- The Senator from Michigan [Mr. LEVIN], Moreover, it is appropriate that Fort zens have, at times, sought to deny for Mr. BINGAMAN, proposes an amendment Bragg, home of the XVIII Airborne others the right to worship. In extreme numbered 649. Corps, 82d Airborne Division, and spe- cases, this intolerance has turned to vi- Mr. LEVIN. Mr. President, I ask cial operations force, which have done olence as houses of worship were dese- unanimous consent that reading of the so much to protect our liberties crated by fire or vandalism. Last amendment be dispensed with. abroad, be permitted to contribute to month, the National Church Arson The PRESIDING OFFICER. Without the defense of those liberties at home. Task Force released a report that objection, it is so ordered. I invite my colleagues to join in sup- found no evidence of a nationwide con- The amendment is as follows: port of this bill so that some small spiracy behind the fires. I never be- At the end of subtitle C of title V, add the measure of relief can be provided to lieved there was a conspiracy but that following: these victims. finding does not diminish the suffering SEC. . FLEXIBILITY IN MANAGEMENT OF JUN- Mr. President, I ask unanimous con- IOR RESERVE OFFICERS’ TRAINING of the congregations in my home State sent that a copy of Pastor Stevenson’s CORPS. and across the United States who have (a) AUTHORITY OF THE SECRETARY OF DE- letter be printed in the RECORD. been victimized in these incidents. FENSE.—Chapter 102 of title 10, United States Let there be no doubt, Mr. President, There being no objection, the mate- Code, is amended by adding at the end the no act is more despicable than the rial was ordered to be printed in the following: desecration of a house of worship. It is RECORD, as follows: ‘‘§ 2032. Responsibility of the Secretary of De- fitting that the perpetrators of such a NEW OUTREACH CHRISTIAN CENTER, fense heinous crime be apprehended and Charlotte, NC, June 6, 1997. ‘‘(a) COORDINATION BY SECRETARY OF DE- Hon. JESSE HELMS, prosecuted to the full extent of the FENSE.—The Secretary of Defense shall co- U.S. Senator, ordinate the establishment and maintenance law, I commend the Federal, State, and Washington, DC. of Junior Reserve Officers’ Training Corps local law enforcement officials who DEAR SENATOR HELMS: The New Outreach units by the Secretaries of the military de- work diligently to investigate these Christian Center was desecrated by an arson partments in order to maximize enrollment shameless acts and to prevent their re- March 14, 1995. This horrific act shocked our in the Corps and to enhance administrative currence. community and the county. With the assist- efficiency in the management of the Corps. Mr. President, while stories of church ance of the ‘‘Save the Churches Fund’’ grant The Secretary may impose such require- burnings are no longer on the front of the Christian Coalition we were able to re- ments regarding establishment of units and page of every newspaper or the lead build our house of worship. transfer of existing units as the Secretary The Samaritan Project, an outgrowth of story on the evening news, the victims considers necessary to achieve the objectives the ‘‘Save the Churches Fund’’ has notified set forth in the preceding sentence. remain. The pastor of one of those con- us that the military may have furniture, ma- ‘‘(b) CONSIDERATION OF NEW SCHOOL OPEN- gregations, Pastor Brenda Stevenson of terials and equipment which could be of fur- INGS AND CONSOLIDATIONS.—In carrying out the New Outreach Christian Center in ther help to our church. I ask that legisla- subsection (a), the Secretary shall take into Charlotte, which was destroyed by an tion be initiated that would allow churches consideration openings of new schools, con- arsonist in 1995, recently wrote me that have been harmed by acts of violence to solidation of schools, and the desirability of about her church’s effort to rebuild. receive the items from these closed chapels. continuing the opportunity for participation She informed me that her congregation This could assist my church and others in the Corps by participants whose continued throughout the country. participation would otherwise be adversely was able to rebuild with the help of the Please move forward on this issue. As a affected by new school openings and consoli- Christian Coalition’s Samaritan country we cannot accept violence against dations of schools. project and the Save the Churches fund any house of worship, and must unite to help ‘‘(c) FUNDING.—If amounts available for the but that further help was needed. Spe- rebuild them. If there are any questions Junior Reserve Officers’ Training Corps are cifically, Pastor Stevenson requested please call Pastor Brenda Stevenson. insufficient for taking actions considered that excess religious property, for- Thank you and God Bless, necessary by the Secretary under subsection merly used in closed military chapels, BRENDA STEVENSON, (a), the Secretary shall seek additional fund- be made available to churches that Pastor. ing for units from the local educational ad- ministration agencies concerned.’’. have suffered these terrible acts. The PRESIDING OFFICER. If there (b) CLERICAL AMENDMENT.—The table of I am told that precisely such prop- is no further debate, without objection, sections at the beginning of such chapter is erty has been found at Fort Bragg, NC, the amendment is agreed to. amended by adding at the end the following: where several old wooden chapels were The amendment (No. 745) was agreed ‘‘2032. Responsibility of the Secretary of De- closed as part of a consolidation. The to. fense.’’.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6978 CONGRESSIONAL RECORD — SENATE July 8, 1997 The PRESIDING OFFICER. Without (c) CERTIFICATION OF INABILITY TO MEET pectation that they will push down the objection, the amendment is agreed to. GOAL IN 2004.—If the Secretary determines cost of recycled paper in future years. The amendment (No. 649) was agreed that any department or agency of the De- If DOD cannot meet this requirement, to. partment will be unable to meet the goal a provision is included in the amend- Mr. LEVIN. Mr. President, I move to specified in subsection (a)(2)(C) by the date specified in that subsection, the Secretary ment which will allow them to report reconsider the vote by which the shall certify that determination to the Com- to Congress for purposes of gaining a amendment was agreed to. mittee on Armed Services of the Senate and deferment. Mr. THURMOND. I move to lay that the Committee on National Security of the Mr. President, only through legisla- motion on the table. House of Representatives. The Secretary tive action can we ensure that DOD The motion to lay on the table was shall submit such certification, if at all, not will continue to shoulder its environ- agreed to. later than January 1, 2003. mental responsibilities and serve as the AMENDMENT NO. 746 Mr. JEFFORDS. Mr. President, more role model it must be. (Purpose: To require the procurement of re- than 20 years ago Congress passed the The PRESIDING OFFICER. Without cycled copier paper by the Department of Resource Conservation and Recovery objection, the amendment is agreed to. Defense) Act to promote Government purchases The amendment (No. 746) was agreed Mr. THURMOND. Mr. President, on of products made from recycled mate- to. behalf of Senator JEFFORDS, I offer an rials. Since then, State and local gov- Mr. THURMOND. Mr. President, I amendment that would codify and ex- ernments throughout the country have move to reconsider the vote by which tend the Executive Order 12873 require- enacted similar policies. Ten years ago, the amendment was agreed to. ment regarding Federal agency use of only 13 States and a handful of local Mr. LEVIN. I move to lay that mo- recycled content paper by providing for governments had buy recycled laws. tion on the table. increased Department of Defense pur- Today, at least 45 States and more The motion to lay on the table was chases of such paper for copy machines. than 500 local governments have estab- agreed to. Mr. President, I believe this amend- lished legal requirements to purchase AMENDMENT NO. 747 ment has been cleared by the other recycled content products. In 1993, the (Purpose: To improve the provisions on depot side. I urge the Senate to adopt it. administration issued Executive Order inventory, and financial management re- Mr. LEVIN. Mr. President, this 12873 which reinforced the principle of form) amendment has been cleared on this increasing the Federal Government’s Mr. LEVIN. Mr. President, on behalf side. We support it. It is a good amend- use of recycled-content products, espe- of Senators HARKIN and DURBIN, I offer ment. cially paper products. an amendment which would modify The PRESIDING OFFICER. The Yet in 1996, the Department of De- language in the bill addressing inven- clerk will report. fense, the single largest consumer of tory management, depot management, The legislative clerk read as follows: copy paper in the world, had a compli- and financial management issues. The Senator from South Carolina [Mr. ance record of only 14 percent regard- I understand this amendment has THURMOND], for Mr. JEFFORDS, proposes an ing its procurement of copy paper. Al- been cleared on the other side. amendment numbered 746. though DOD should be complimented Mr. THURMOND. Mr. President, the Mr. THURMOND. Mr. President, I for recently volunteering to buy only amendment is cleared on our side. ask unanimous consent that reading of recycled-content copy paper, its deci- The PRESIDING OFFICER. The the amendment be dispensed with. sion was due to the General Services clerk will report. The PRESIDING OFFICER. Without Administration’s initiative to set the The legislative clerk read as follows: objection, it is so ordered. price of recycled paper at 5 cents The amendment is as follows: The Senator from Michigan [Mr. LEVIN], cheaper than virgin paper. History for Mr. HARKIN, for himself and Mr. DURBIN, On page 84, after line 23, add the following: leads us to assume that DOD will re- proposes an amendment numbered 747. SEC. 340. PROCUREMENT OF RECYCLED COPIER vert to the policy of buying virgin PAPER. Mr. LEVIN. Mr. President, I ask paper should the price shift a nickel. (a) REQUIREMENT.—(1) Except as provided unanimous consent that reading of the in subsection (b), a department or agency of Well, Mr. President, price is impor- amendment be dispensed with. the Department of Defense may not procure tant, but it is only one factor in the The PRESIDING OFFICER. Without copying machine paper after a date set forth equation. As the largest user, DOD objection, it is so ordered. in paragraph (2) unless the percentage of must be the role model for other Gov- The amendment is as follows: post-consumer recycled content of the paper ernment agencies and comply with the On page 59, after line 14, add the following meets the percentage set forth with respect intent of Congress and the administra- new paragraph (3): to such date in that paragraph. tion. This amendment affords DOD the (2) The percentage of post-consumer recy- ‘‘(3) The Secretary of a military depart- cled content of paper required under para- flexibility of buying nonrecycled paper ment may conduct a pilot program, con- graph (1) is as follows: if the price differential is unreasonable sistent with applicable requirements of law, (A) 20 percent as of January 1, 1998. compared to virgin paper, while defin- to test any practices referred to in paragraph (B) 30 percent as of January 1, 1999. ing the term ‘‘unreasonable’’ as ‘‘great- (2) that the Secretary determines could im- (C) 50 percent as of January 1, 2004. er than 7 percent’’. prove the efficiency and effectiveness of (b) EXCEPTIONS.—A department or agency Additionally, the intent of this depot-level operations, improve the support provided by depot-level activities for the may procure copying machine paper having a amendment is to cause Defense Depart- percentage of post-consumer recycled con- armed forces user of the services of such ac- tent that does not meet the applicable re- ment procurement offices to buy copy tivities for the armed forces user of the serv- quirement in subsection (a) if— paper in an environmentally respon- ices of such activities, and enhance readiness (1) the cost of procuring copying machine sible manner and is not meant to place by reducing the time that it takes to repair paper under such requirement would exceed unreasonable constraints on the proc- equipment.’’ by more than 7 percent the cost of procuring ess. It, therefore, contains provisions On page 101, between lines 21 and 22, insert copying machine paper having a percentage which allow procuring agencies to the following: ‘‘(3) For the purposes of this section, the of post-consumer recycled content that does choose not to buy the recycled paper if not meet such requirement; term ‘best commercial inventory practice’ (2) copying machine paper having a per- the product is unavailable within a rea- includes a so-called prime vendor arrange- centage of post-consumer recycled content sonable period of time, or if the prod- ment and any other practice that the Direc- meeting such requirement is not reasonably uct does not meet reasonable perform- tor determines will enable the Defense Lo- available within a reasonable period of time; ance standards. gistics Agency to reduce inventory levels (3) copying machine paper having a per- Finally, this amendment builds on and holding costs while improving the re- centage of post-consumer recycled content the intent of the executive order and sponsiveness of the supply system to user meeting such requirement does not meet per- extends it into the 21st century. Under needs.’’ formance standards of the department or this amendment, the required On page 268, line 8, strike out ‘‘(L)’’ and in- agency for copying machine paper; or sert in lieu thereof the following: (4) in the case of the requirement in para- postconsumer content will rise to 50 ‘‘(L) Actions that can be taken to ensure graph (2)(C) of that subsection, the Secretary percent in 2004. This initiative is based that each comptroller position and each of Defense makes the certification described upon ongoing technological advances comparable position in the Department of in subsection (c). within the paper industry and the ex- Defense, whether filled by a member of the

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6979 Armed Forces or a civilian employee, is officers are prepared, both in terms of (The text of the amendment is print- filled by a person who, by reason of edu- education and experience, for comp- ed in today’s RECORD under ‘‘Amend- cation, technical competence, and experi- trollership responsibilities. ments Submitted.’’) ence, has the core competencies for financial This year, I also released, along with Mr. THOMPSON. Mr. President, I management. ‘‘(M)’’. Senator DURBIN, Congressman PETER offer this amendment on behalf of my- DEFAZIO and Congresswoman MALONEY, self as chairman of the Governmental Mr. HARKIN. Mr. President, I offer a second GAO report that addressed Affairs Committee and Senator GLENN, an amendment with Senator RICHARD some critical problems with the DOD’s the committee’s ranking minority DURBIN regarding some much needed inventory practices. ‘‘Defense Logis- member. We thank the chairman and reforms in the way the Department of tics: Much of the Inventory Exceeds ranking member of the Armed Services Defense manages its inventory of Current Needs’’ detailed billions of dol- Committee for their cooperation and goods, as well as its financial manage- lars in unneeded supplies and equip- assistance in preparing this amend- ment systems. Our amendment modi- ment within the DOD’s inventory. Al- ment which will benefit not only the fies some very useful language that is though DOD has made some progress in procurement process within the De- included in the Senate Armed Services reducing the overstock in its inven- partment of Defense, but other agen- Committee version of the Defense Au- tory, much more needs to be done. This cies across the Federal Government as thorization bill. is especially true in its overstock of well. I first would like to applaud the spare parts and hardware items. The amendment which we offer today members of the Armed Services Com- I agree with the committee’s attempt began as a request from the adminis- mittee for including provisions in the to institutionalize best commercial tration to include additional procure- bill that moves the DOD toward better practices in the management of DOD’s ment-related reforms to those enacted management of its finances and inven- inventory, especially for the inventory over the last 4 years and those already tories. These provisions are important of spare parts. Our amendment simply included in S. 936. Our amendment in- steps toward fixing some critical prob- requires the DOD to implement pilot cludes the following provisions: lems. We believe that our amendment programs when needed. It also clarifies First, it would amend current Gov- adds a few simple improvements to the the definition of best commercial prac- ernmentwide procurement law which committee provisions. tices to include the so-called prime requires the development and imple- One element of our amendment re- vendor arrangements which have prov- mentation of a Governmentwide Fed- quires that the DOD take actions to en very successful. eral Acquisition Computer Network ar- ensure that its comptrollers are ade- The PRESIDING OFFICER. Without chitecture—called FACNET and en- quately trained. Afterall, the comp- objection, the amendment is agreed to. acted as part of the Federal Acquisi- troller is the key technical expert who The amendment (No. 747) was agreed tion Streamlining Act of 1994 [FASA]. overseas and manages the day-to-day to. At the time, Congress intended to re- financial operations. For example, the Mr. LEVIN. Mr. President, I move to quire the Government to evolve its ac- comptroller of the Pacific Fleet, reconsider the vote by which the quisition process from a paper-based billeted for a Navy captain, is respon- amendment was agreed to. process to an electronic process. The sible for the financial management and Mr. THURMOND. I move to lay that specific intent of FACNET was to pro- financial reporting of an annual budget motion on the table. vide a common architecture to imple- of about $5 billion, comparable in size The motion to lay on the table was ment electronic commerce within the to a Fortune 500 corporation. agreed to. Governmentwide procurement system. Earlier this year, I released a General AMENDMENT NO. 748 However, GAO recently reviewed the Accounting Office report, entitled ‘‘Fi- (Purpose: To streamline electronic com- Government’s progress in developing nancial Management: Opportunities to merce requirements and for other pur- and implementing FACNET, and con- Improve Experience and Training of poses) cluded that, in the short time since Key Navy Comptrollers.’’ The GAO re- Mr. THURMOND. Mr. President, on passage of FASA, alternative elec- port states that the Navy’s financial behalf of Senators THOMPSON and tronic purchasing methods have be- and accounting systems have been sub- GLENN, I offer an amendment which come readily available to the Govern- stantially hampered by the fact that would amend the requirements in the ment and its vendors. Given these ad- the Navy has no specific career path Federal Acquisition Streamlining Act vances in technology, the overly pro- for financial officers, has inadequate fi- of 1994 to allow electronic commerce at scriptive requirements of FASA and nancial management and accounting DOD and other Federal agencies to be problems with implementation by the education standards for comptroller implemented in a cost-effective man- agencies, GAO questioned whether and jobs, and has a policy of rotating offi- ner consistent with commercial prac- to what extent FACNET makes good cers too often through key accounting tices. business sense. GAO recommended that positions. In the report, GAO pointed The amendment would also make if the FACNET requirements were an to these personnel practices as one changes to current procurement law to impediment to the implementation of a cause of GAO findings of conform civilian agency statutes to Governmentwide electronic commerce misstatements in almost all of the DOD statutes regarding the perform- strategy, then legislative changes Navy’s major accounts. ance-based contracting and to revise a should be enacted. This amendment The GAO report recommended that pilot program for the purchase of infor- would provide those changes to give the Secretary of Defense ensure that mation technology to make it more flexibility to implement electronic the following steps are taken by the competitive by allowing more than one commerce at DOD and other Federal Navy, all of which are applicable to the vendor to participate in the program. agencies in an efficient and cost-effec- other Armed Services: Mr. President, I believe this amend- tive manner consistent with commer- Identify which key military comp- ment has been cleared by the other cial practice. troller positions can be converted to ci- side, and I urge that the Senate adopt Further, the amendment would make vilian status in order to gain greater this amendment. technical changes to current procure- continuity, technical competency, and Mr. LEVIN. Mr. President, the ment law to: First, conform civilian cost savings. amendment has been cleared on this agency statutes to DOD statues regard- For those comptroller positions iden- side. It is a good amendment. We sup- ing performance-based contracting; tified for conversion to civilian status, port it. and second, revise a pilot program for ensure that those positions are filled The PRESIDING OFFICER. The the purchase of information technology by individuals who possess both the clerk will report. to make it more competitive by allow- proper education and experience. The legislative clerk read as follows: ing more than one vendor in the pilot. For those comptroller positions that The Senator from South Carolina [Mr. The PRESIDING OFFICER. Without should remain in military billets, es- THURMOND], for Mr. THOMPSON, for himself, objection, the amendment is agreed to. tablish a career path in the financial and Mr. GLENN, proposes an amendment The amendment (No. 748) was agreed management and ensures that military numbered 748. to.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6980 CONGRESSIONAL RECORD — SENATE July 8, 1997 Mr. THURMOND. Mr. President, I phase of each project identified under para- Act for Fiscal Year 1998, the Armed move to reconsider the vote. graph (1); Services Committee noted its con- Mr. LEVIN. I move to lay that mo- (3) the expected dates for leadership tinuing concern with ensuring that our tion on the table. changes in each Army Corps of Engineers District during that period; defense acquisition workforce has the The motion to lay on the table was (4) a plan for optimizing the timing of lead- necessary education and training sup- agreed to. ership changes so that there is minimal dis- port for the new environment in Gov- AMENDMENT NO. 749 ruption to major phases of major Army ernment acquisition. (Purpose: To require the Secretary of De- Corps of Engineers projects; and Section 812 of the Defense Authoriza- fense to review the command selection (5) a review of the impact on the Army tion Act for Fiscal Year 1993 directed process for District Engineers of the Army Corps of Engineers, and on the mission of the Department of Defense to develop Corps of Engineers) each District, of allowing major command alternative standards for the fulfill- Mr. LEVIN. Mr. President, on behalf tours of District Engineers to be of 2 to 4 years in duration, with the selection of the ment of the training requirements for of Senator GRAHAM of Florida, I offer exact timing of the change of command to be the acquisition workforce under the an amendment that would require the at the discretion of the Chief of Engineers Defense Acquisition Workforce Im- Secretary of Defense to report to Con- who shall act with the goal of optimizing the provement Act. These standards will gress concerning the process that the timing of each change so that it has minimal sunset on October 1 of this year. The Army Corps of Engineers uses to assign disruption on the mission of the District En- amendment I am offering would extend officers as district engineers, and I be- gineer. the life of these fulfillment standards lieve this amendment has been cleared The PRESIDING OFFICER. Without for an addition 2 years. This extension by the other side. objection, the amendment is agreed to. will allow the DOD to explore alter- Mr. THURMOND. Mr. President, the The amendment (No. 749) was agreed natives to formal internal training pro- amendment has been cleared on our to. grams, including completion of courses side. Mr. LEVIN. Mr. President, I move to outside of the Department of Defense The PRESIDING OFFICER. The reconsider the vote. educational system. clerk will report. Mr. THURMOND. I move to lay that The PRESIDING OFFICER. Without The legislative clerk read as follows: motion on the table. objection, the amendment is agreed to. The Senator from Michigan [Mr. LEVIN], The motion to lay on the table was The amendment (No. 750) was agreed for Mr. GRAHAM, proposes an amendment agreed to. to. numbered 749: AMENDMENT NO. 750 Mr. THURMOND. Mr. President, I At the end of subtitle E of title X, add the (Purpose: To extend by two years the appli- move to reconsider the vote. following: cability of fulfillment standards developed Mr. LEVIN. I move to lay that mo- SEC. 10 . REPORT ON THE COMMAND SELEC- for purposes of certain defense acquisition tion on the table. TION PROCESS FOR DISTRICT ENGI- NEERS OF THE ARMY CORPS OF EN- workforce training requirements) The motion to lay on the table was GINEERS. Mr. THURMOND. Mr. President, on agreed to. (a) FINDINGS.—Congress finds that— behalf of Senators SANTORUM and LIE- AMENDMENT NO. 712 (1) the Army Corps of Engineers— BERMAN, I offer an amendment which Mr. LEVIN. Mr. President, on behalf (A) has served the United States since the would extend for an additional 2 years of Senator CLELAND, I call up amend- establishment of the Corps in 1802; the requirement under section 812 of (B) has provided unmatched combat engi- ment No. 712 that would express the neering services to the Armed Forces and the the Defense Authorization Act for Fis- sense of Congress to reaffirm the com- allies of the United States, both in times of cal Year 1993 and for the Department of mitment of the United States to pro- war and in times of peace; Defense to develop and implement al- vide quality health care for military (C) has brilliantly fulfilled its domestic ternative standards for fulfilling train- retirees, and I believe this amendment mission of planning, designing, building, and ing requirements under the Defense Ac- has been cleared by the other side. operating civil works and other water re- quisition Work Force Improvement Mr. THURMOND. Mr. President, the sources projects; Act. amendment has been cleared on our (D) must remain constantly ready to carry out its wartime mission while simulta- Mr. President, I believe this amend- side. neously carrying out its domestic civil ment has been cleared by the other The PRESIDING OFFICER. Without works mission; and side, and I urge the Senate to adopt it. objection, the amendment is agreed to. (E) continues to provide the United States Mr. LEVIN. It has been cleared. The amendment (No. 712) was agreed with these services in projects of previously The PRESIDING OFFICER. The to. unknown complexity and magnitude, such as clerk will report. Mr. LEVIN. Mr. President, I move to the Everglades Restoration Project and the The legislative clerk read as follows: reconsider the vote. Louisiana Wetlands Restoration Project; The Senator from South Carolina [Mr. Mr. THURMOND. I move to lay that (2) the duration and complexity of these THURMOND], for Mr. SANTORUM, for himself motion on the table. projects present unique management and and Mr. LIEBERMAN, proposes an amendment The motion to lay on the table was leadership challenges to the Army Corps of numbered 750: agreed to. Engineers; At the end of subtitle E of title X, add the (3) the effective management of these AMENDMENT NO. 751 following: projects is the primary responsibility of the (Purpose: To require the Secretary of De- District Engineer; SEC. 844. TWO-YEAR EXTENSION OF APPLICA- fense to initiate actions to eliminate or BILITY OF FULFILLMENT STAND- mitigate the need for some military fami- (4) District Engineers serve in that posi- ARDS FOR DEFENSE ACQUISITION tion for a term of 2 years and may have their WORKFORCE TRAINING REQUIRE- lies to subsist at poverty level standards of term extended for a third year on the rec- MENTS. living) ommendation of the Chief of Engineers; and Section 812(c)(2) of the National Defense Mr. LEVIN. Mr. President, on behalf (5) the effectiveness of the leadership and Authorization Act for Fiscal Year 1993 (Pub- of Senator HARKIN, I offer an amend- management of major Army Corps of Engi- lic Law 102–484; 106 Stat. 2451; 10 U.S.C. 1723 ment that would require the Secretary neers projects may be enhanced if the timing note) is amended by striking out ‘‘October 1, of Defense to initiate actions to elimi- of District Engineer reassignments were 1997’’ and inserting in lieu thereof ‘‘October nate or mitigate the need for some phased to coincide with the major phases of 1, 1999’’. the projects. military families to subsist at poverty Mr. SANTORUM. Mr. President, I (b) REPORT.—Not later than March 31, 1998, level standards of living. the Secretary of Defense shall submit a re- rise to offer an amendment for myself I ask also unanimous consent that port to Congress that contains— and Senator LIEBERMAN that would ex- Senator KEMPTHORNE be listed as an (1) an identification of each major Army tend the authority of the Department original cosponsor of this amendment. Corps of Engineers project that— of Defense to consider alternative ap- I understand it has been cleared on (A) is being carried out by each District proaches to the fulfillment of the edu- the other side. Engineer as of the date of the report; or cation and training requirements in Mr. THURMOND. Mr. President, this (B) is being planned by each District Engi- neer to be carried out during the 5-year pe- the Defense Acquisition Workforce Im- amendment has been cleared on our riod beginning on the date of the report; provement Act in chapter 87 of title 10, side. (2) the expected start and completion United States Code. In the report to ac- The PRESIDING OFFICER. The dates, during that period, for each major company the Defense Authorization clerk will report.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6981 The legislative clerk read as follows: (2) Not later than 90 days after the date of (4) Despite the inadequacy of the oppor- The Senator from Michigan [Mr. LEVIN], the enactment of this Act, the Secretary of tunity afforded applicants to comply with for Mr. HARKIN, for himself and Mr. KEMP- Defense shall submit to Congress a report re- the two new requirements, and without in- THORNE, proposes an amendment numbered garding the Secretary’s intentions regarding forming the applicants of the intent to do so, 751: implementation of the program authorized the Navy officials gave three times as much At the end of subtitle E of title V, add the under section 1060a of title 10, United States weight to the new requirements than they following: Code, including any plans to implement the did to their own original requirements in SEC. 664. SUBSISTENCE OF MEMBERS OF THE program. evaluating the applications. ARMED FORCES ABOVE THE POV- The PRESIDING OFFICER. Without (5) Moreover, Navy officials revised the ERTY LEVEL. objection, the amendment is agreed to. evaluation subcriteria for the ‘‘public bene- fits’’ requirements after all applications had (a) FINDINGS.—Congress makes the fol- The amendment (No. 751) was agreed lowing findings: been submitted and reviewed, thereby never (1) The morale and welfare of members of to. giving applicants an opportunity to address the Armed Forces and their families are key Mr. LEVIN. Mr. President, I move to their applications to the revised subcriteria. components of the readiness of the Armed reconsider the vote. (6) The General Accounting Office criti- Forces. Mr. THURMOND. I move to lay that cized the revised process for inadequate no- (2) Several studies have documented sig- motion on the table. tice and causing all applications to include nificant instances of members of the Armed The motion to lay on the table was inadequate information. Forces and their families relying on various agreed to. (7) In spite of the GAO critria, the Navy forms of income support under programs of Mr. THURMOND. Mr. President, I has refused to reopen its donations process the Federal Government, including assist- for the Missouri suggest the absence of a quorum. (b) NEW DONEE SELECTION PROCESS.—(1) the ance under the Food Stamp Act of 1977 (7 The PRESIDING OFFICER. The U.S.C. 2012(o) and assistance under the spe- Secretary of the Navy shall— (A) set aside the selection of a recipient for cial supplemental nutrition program for clerk will call the roll. donation of the USS Missouri; women, infants, and children under section The assistant legislative clerk pro- (B) initiate a new opportunity for applica- 17 of the Child Nutrition Act of 1966 (42 ceeded to call the roll. tion and selection of a recipient for donation U.S.C. 1786). Mr. GORTON. Mr. President, I ask of the USS Missouri that opens not later (b) SENSE OF CONGRESS.—It is the sense of unanimous consent that the order for than 30 days after the date of the enactment Congress that the Secretary of Defense the quorum call be rescinded. of this Act; and should strive— The PRESIDING OFFICER. Without (C) in the new application of selection ef- (1) to eliminate the need for members of objection, it is so ordered. fort— the Armed Forces and their families to sub- Mr. GORTON. Mr. President, what is (i) disregard all applications received, and sist at, near, or below the poverty level; and evaluations made of those applications, be- (2) to improve the wellbeing and welfare of the pending business? fore the new opportunity is opened; members of the Armed Forces and their fam- The PRESIDING OFFICER. Amend- ment No. 666 offered by the Senator (ii) permit any interested party to apply ilies by implementing, and programming full for selection as the donee of the USS Mis- from Minnesota [Mr. WELLSTONE]. funding for, programs that have proven effec- souri; and tive in elevating the standard of living of AMENDMENT NO. 424 (iii) ensure that all requirements, criteria, members and their families significantly (Purpose: To require the Secretary of the and evaluation methods, including the rel- above the poverty level. Navy to set aside the previous selection of ative importance of each requirement and (c) STUDY REQUIRED.—(1) The Secretary of a recipient for donation of the USS Mis- criterion, are clearly communicated to each Defense shall conduct a study of members of souri and to carry out a fair process for se- applicant. the Armed Forces and their families who lection of a recipient for the donation) (2) After the date on which the new oppor- subsist at, near, or below the poverty level. Mr. GORTON. I ask unanimous con- tunity for application and selection for dona- (2) The study shall include the following: tion of the USS Missouri is opened, the navy (A) An analysis of potential solutions for sent that the pending amendment be may not add to or revise the requirements mitigating or eliminating the need for mem- set aside so that I can call up amend- and evaluation criteria that are applicable in bers of the Armed Forces and their families ment No. 424 and ask for its immediate the selection process on that date. to subsist at, near, or below the poverty consideration. Mr. GORTON. Mr. President, I ask level, including potential solutions involving The PRESIDING OFFICER. Without unanimous consent that Senator FEIN- changes in the systems and rates of basic al- objection, it is so ordered. lowance for subsistence, basic allowance for The clerk will report. STEIN be added as a cosponsor to the quarters, and variable housing allowance. The bill clerk read as follows: amendment. (B) Identification of the populations most The PRESIDING OFFICER. Without likely to need income support under Federal The Senator from Washington [Mr. GOR- TON] for himself and Mrs. MURRAY, proposes objection, it is so ordered. Government programs, including— Mr. GORTON. Mr. President, the (i) the populations living in areas of the an amendment numbered 424. U.S.S. Missouri, the battleship on United States where housing costs are nota- Mr. GORTON. Mr. President, I ask which the Japanese surrender was bly high; unanimous consent that further read- signed in 1945, was decommissioned, (ii) the populations living outside the ing of the amendment be dispensed United States; and mothballed and home ported in Brem- with. (iii) the number of persons in each identi- erton, WA, from 1954 until it was re- fied population. The PRESIDING OFFICER. Without objection, it is so ordered. commissioned in 1986. It was during (C) The desirability of increasing rates of that period of time, of course, a major basic pay and allowances over a defined pe- The amendment is as follows: and treasured tourist attraction lo- riod of years by a range of percentages that At the end of subtitle B of title X, add the provides for higher percentage increases for following: cated relatively conveniently in the lower ranking personnel that for higher SEC. 1014. SELECTION PROCESS FOR DONATION continental United States. ranking personnel. OF THE USS MISSOURI In 1995, the Missouri was decommis- (d) IMPLEMENTATION OF DEPARTMENT OF DE- (a) FINDINGS.—Congress makes the fol- sioned for a second time and returned FENSE SPECIAL SUPPLEMENTAL FOOD PRO- lowing findings: to Bremerton. The U.S. Navy then GRAM FOR PERSONNEL OUTSIDE THE UNITED (1) The USS Missouri is a ship of historical made the Missouri available for dona- STATES.—(1) Section 1060a(b) of title 10, significance that commands considerable tion to a community willing and able United States Code, is amended to read as public interest. follows: (2) The Navy has undertaken to donate the to transform the ship into a world class ‘‘(b) FEDERAL PAYMENTS AND COMMOD- USS Missouri to a recipient that would me- maritime museum honoring the men ITIES.—For the purpose of obtaining Federal morialize the ship’s historical significance and women who served in World War II. payments and commodities in order to carry appropriately and has selected a recipient The Save the Missouri Committee in out the program referred to in subsection (a), pursuant to that undertaking. Bremerton competed with four other the Secretary of Agriculture shall make (3) More than one year after the applicants applicants in Hawaii and California available to the Secretary of Defense the for selection began working on their pro- under the same rules that had been ap- same payments and commodities as are posals in accordance with requirements pre- plied to all previous Navy donations. made for the special supplemental food pro- viously specified by the Navy, the Navy im- I want to emphasize that once again, gram in the United States under section 17 of posed two additional requirements and af- the Child Nutrition Act of 1966 (42 U.S.C. forded the applicants only two weeks to re- Mr. President. These were general 1786). Funds available for the Department of spond to the new requirements, requirement, Navy donation rules under which Defense may be used for carrying out the never previously used in any previous dona- Bremerton and the other four cities program under subsection (a).’’. tion process. competed.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6982 CONGRESSIONAL RECORD — SENATE July 8, 1997 At the last minute, however, when it The history of the ‘‘Mighty Mo’’ is Navy gave the competing communities was likely that Bremerton would be known all across our country and 12 days to respond to the new rules chosen under those rules, the Navy throughout the world. This is a relic of which turned out to be decisive in added two new requirements, failing to immense importance and historical awarding the battleship. tell any of the applicants that the two significance. It was on the decks of this Clearly, the Navy bungled the proc- new requirements would count for 75 great battleship that World War II ess—either innocently or with other percent of the ultimate decision and came to a welcome end. The Missouri is motives in mind. I am not here to ac- that the earlier rules were only 25 per- particularly valued by the residents of cuse either the Navy or another appli- cent. my State where she has been berthed cant of behaving inappropriately. The applicants had 2 weeks to re- for most of the last 40 years in Brem- Rather, I do believe the facts of the spond. None of the applicants, accord- erton. She is a source of great pride to case as established by the GAO argue ing to the Navy’s own evaluation team, veterans in my State; many of whom for our amendment. responded adequately. Nevertheless, served in World War II including in the Let me state clearly what our the Navy awarded the Missouri to Hon- Pacific theater and aboard the ‘‘Mighty amendment seeks to accomplish today. olulu based exclusively on those new Mo.’’ We simply seek the Senate’s support to requirements. Following the Navy’s decision to re- instruct the Navy to conduct a new The General Accounting Office then move the Missouri from the Naval Ves- donee selection process. We do not seek reviewed the Navy process. It criticized sel Register, five proposals were sub- to influence or prejudge that selection it on just the grounds that I have out- mitted to the Navy from communities process. We only want a fair competi- lined. The Navy nevertheless has re- interested in taking ownership of the tion, administered by the Navy in a fused to reopen the process for the four famed battleship. Bremerton, WA was manner worthy of this great battle- losing applicants, Bremerton and the among the five applicants seeking to ship. three in California. display and honor the Missouri. San Like all of my colleagues interested Mr. President, during this entire Diego, San Francisco and Honolulu all in displaying the Missouri, I have every process, I never interfered and told the submitted proposals. confidence in the proposal from my Navy what answer it should come up Each community vying for the Mis- home State. Bremerton continues to with. I simply assumed that the Navy souri submitted voluminous applica- host the Missouri today and the com- would do so on an objective and on a tions to the Navy responding within a munity is devoted to remaining the nonpolitical basis. year’s time to a set of Navy criteria steward of this unique historic monu- Now, however, I must say that, based previously used in the disposition of ment. The Missouri is a passion for the on my own experience and the report of the U.S.S. Lexington. While I cannot residents of Bremerton, Kitsap County, the General Accounting Office, I am speak for the other applicants, I know and indeed all of Washington State. outraged at the Navy’s lack of objec- of the care, the time, and the commit- I recognize that the interests of tivity and its indifference to fairness. ment demonstrated by the Bremerton Washington State may not be enough This amendment, therefore, spon- community in preparing its proposal to to sway the Senate to overturn the sored by myself, my colleague from the Navy. Bremerton’s proposal to per- Navy’s decision. However, I do want Washington, and Senator FEINSTEIN manently display the Missouri was de- my colleagues to know that this is not from California, will not decide the livered to the Navy in October 1995. a small, regional competition. Vet- question in favor of one of our cities. It Last August, the Secretary of the erans all across this country care simply requires the Navy to reopen the Navy announced the decision to award about the Missouri. Those who served question and to treat all five appli- the Missouri to Honolulu, HI. Following aboard this great battleship live in cants fairly and under the same rules the Navy’s decision, significant ques- every State in the country; many are that were imposed at the beginning of tions were raised regarding the Navy’s now elderly and incapable of traveling the process rather than being added at process in awarding the battleship. great distances to commemorate their the end. It is as simple as that. Mr. Congressman NORM DICKS in his capac- service. It is for our veterans and par- President, something that the Navy ity as a senior member of the House ticularly for those that served aboard should have done in the first place it Appropriations Committee requested a the ‘‘Mighty Mo’’ that we must ensure would be required to do by this amend- General Accounting Office study on the that the process is fair to all. ment. Navy’s donation process of the Mis- All World War II vets recognize and Obviously, the location of the Mis- souri. revere the ‘‘Mighty Mo.’’ Just recently, souri, given its historic nature, is a It is the results of this GAO study Bremerton hosted a group of 110 fami- matter of significance to all of the ap- that bring us here today. Since coming lies and survivors from the Death plicants and, I think, to all Americans to the Congress, I have sought to let March of Bataan and Corregidor. These and most especially to those who the Sun shine on the political process— veterans, many in poor health, could served in World War II. to share with the public the great deci- travel to Bremerton. And they wanted Obviously, I would prefer the ulti- sions before this body. The GAO study to see the ‘‘Mighty Mo.’’ This rev- mate location to be in my own State. demonstrates that the Navy also needs erence for the battleship demands that But I have not demanded in the past, a little sunshine. the Senate stand for a process fair to nor do I demand now, that the Navy de- Here’s what the GAO found in review- all. cide in my favor. I simply ask that it ing the Navy process. Following the re- I urge my colleagues to support the make this decision objectively—noth- view of applications, the Navy added Gorton-Murray amendment. ing more and nothing less. new and previously unused criteria to Mr. INOUYE addressed the Chair. For that reason, I ask for the support the selection process. And, according The PRESIDING OFFICER [Ms. of my colleagues for this modest pro- to the GAO, the Navy did not do a good SNOWE]. The Senator from Hawaii. posal. job communicating the relative impor- Mr. INOUYE. Madam President, Mrs. MURRAY. Mr. President, I am tance of the new evaluation criteria. briefly, it displeases me to be standing pleased to join my Washington State According to the GAO, several of the here speaking in opposition to my dis- colleague in offering this amendment applicants reported that the Navy gave tinguished friend from Washington. to require the Navy to revisit the them the mistaken impression that the But I think it should be remembered by awarding of the U.S.S. Missouri. I have additional requirements were not that all of us that under current law, the followed closely the Navy’s handling of significant. law that is in place, the Secretary of the Missouri; working with Senator Shockingly, these new criteria were the Navy is authorized to donate any GORTON, Congressman NORM DICKS, the actually given 75 percent of the dona- stricken vessel to any organization Washington congressional delegation, tion award weight. After more than 1 which can demonstrate its financial and my constituents. I am also pleased year of discussion among the inter- means to support it. that California Senators have joined ested communities, the Navy changed The Navy is not required to hold a this effort to question the Navy’s Mis- the rules and failed to explain the im- competition nor is it required to select souri decision. portance of the new rules. Then the a winning proposal. However, as my

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6983 friend from Washington noted, when it I believe that the Pearl Harbor appli- ously more conveniently located in one became apparent that there were sev- cants won the contest and competition of the west coast ports than it is Hono- eral cities vying for the Missouri, such for one simple reason: The Pearl Har- lulu. as San Francisco, Bremerton, and bor applicants did not look upon the But, Madam President, the true dif- Pearl Harbor, the Secretary deter- Missouri as a mere tourist attraction. ference between the Senator from Ha- mined that he would very carefully ex- We have a very sacred ship in Pearl waii and myself is not that. The Sen- amine how he would dispose of the Harbor at this moment, the Arizona. ator from Hawaii, as apparently he did ship. There are over 1,700 men who are still to the Navy himself, is making the In a lengthy competition, the Navy in the ship. It is a memorial. And it case for his location. I simply depended kept all participants equally informed. happens that more tourists visit the on the Navy to make that decision ob- Nowhere in the GAO report does it say Arizona than they do the Tomb of the jectively. that any city got favorable treatment. Unknown Soldier. But it was not built, The Navy, of course, can set up what- They were equally informed of how it Madam President, as a tourist attrac- ever criteria it wishes for making a do- would judge the applicants. tion. It was built as a memorial to re- nation of a ship or any other artifact It determined that in the unique sit- mind all of us that on this dark morn- to a community, but the Navy, like uation at hand it should ensure that ing of December 7, 1941, we were sud- every other American institution, this historic ship should be located denly thrust into a bloody and terrible should do so fairly and on the basis of where it would best serve the Navy and war. rules that are not changed at the be- the Nation. Those were the two addi- The battleship Missouri is a ship upon ginning of the game without telling the tional criteria. which the surrender terms were signed participants in the game what the new I think that even without stating by the representatives of the Imperial rules mean or what weight they will be that, that should be the first criteria: Government of Japan. The most logical given. Had the Navy followed its origi- How best can the interests of this Na- spot for the location is Pearl Harbor. nal rules, the rules it applied itself to tion be served? How will the Navy’s in- On one hand, you will see the Arizona all previous donations, Bremerton was terests be served? where the war began, and down Battle- the most likely winner by reason of the The Secretary issued these new re- ship Row you will see the U.S.S. Mis- deep concern on the part of the com- quirements to all of the applicants. Ac- souri where the war ended. It would munity for what had been a part of its cording to the GAO, no one received fa- constantly remind us of the many sac- history for more than 40 years. But at vorable or preferential treatment. The rifices that men and women of the the very end, the Navy comes up with Navy Secretary then had his staff United States were called upon to two other criteria, informs no one of evaluate the criteria. He chose the best make during that terrible war. their importance, gives them 75 per- proposal as the winning location. I have visited Bremerton. It is a nice cent of the weight in making its deci- Under the current law the Secretary place. But I am certain that my col- sion, and comes out, I presume, where could have selected the losing proposal, leagues realize that Bremerton is also someone in the Navy wanted to come but he did not. He chose the winning looked upon by Navy personnel, and out in the first place but could not proposal. And the winner was Pearl others, as the graveyard of ships, where without changing those rules. Harbor. dozens upon dozens of destroyers and My amendment does not even require Now, those that lost say that is not cruisers are parked and put in cover that those rules be changed, though I fair. If one would objectively look at hoping that someday they can be used. think they should be, Madam Presi- the GAO report, it does not suggest The Missouri deserves much more dent. It simply requires the Navy to that it was not fair. All applicants op- than a graveyard, Madam President. treat the citizens of the five commu- erated under the same rules. We did The Missouri should be respected with nities that applied to be the permanent not know that the Navy would change dignity; it should be revered as a me- home of the Missouri on the basis of the the interests which best served their morial. same rules at the end of the process interests. So, Madam President, I hope that my that it had at the beginning of the They argue that the competition colleagues will follow the suggestions process and to inform those commu- should be reopened. What is the basis of the GAO. The GAO said it should nities of what the rules are and what of this argument? The GAO did not rec- stand as is. The Secretary of the Navy their relative weight is. That is asking ommend that the competition be re- said his decision stands. Why go for the most minimal fairness, Madam opened, nor did the Secretary rec- through the misery again of spending President, the most minimal fairness ommend that the competition be re- countless dollars to come up with the in the world. opened. Instead, they believe, since same result? The General Accounting Office did none of the parties had enough time to I thank the Chair. not take a position one way or the consider how their location was the Mr. GORTON addressed the Chair. other on whether or not the process best location for the ship, that we The PRESIDING OFFICER. The Sen- should be reopened, said that none of should go back and redo the competi- ator from Washington. the communities were adequately in- tion. Mr. GORTON. Madam President, formed about the nature and the Madam President, I believe that is with almost all of the factual state- weight of the new criteria. That is the completely unfair to the winning team. ments about how the selection process fundamental answer that should have We have made countless—hundreds—of was made, I agree with my friend and caused the Navy to reopen this process decisions of this nature. Did we go colleague from Hawaii. With his unwar- on its own. back to MacDonnell Douglas and say ranted characterization of Bremerton Madam President, it is interesting to we are going to reopen the competition and, by implication, of San Francisco note that the fairness of this request, for the joint strike fighter because and of the California applicants, I most the request I am making in this they lost to Boeing? No. Did the Navy decidedly do not. amendment, is recognized even by the reopen the competition of the sealift Pearl Harbor is in fact a memorial to Honolulu Advertiser. Now, the Hono- ship contracts when Newport News and World War II and to its beginning. But lulu newspaper, a month ago tomor- Ingalls lost to Avondale? No. Pearl Harbor, no more than Bremerton row, wrote an editorial on the subject Madam President, the amendment by or San Francisco, was the location of which, of course, takes Senator the Senator from Washington, I be- the surrender of the Japanese on board INOUYE’s position on the merits, that lieve, is unfair and it is bad for all of the Missouri at the end of the war. Pearl Harbor is practically the only us. Each of us has had constituents Under the logic of the Senator from logical place and certainly the most which won and also lost competitions. Hawaii, the Missouri should be sent to logical place for the location of the If we are to go back and reconsider Tokyo Bay and be a memorial and a re- Missouri. But it does say, in part, awards even when the GAO does not minder there. Obviously, that is not Officials from Bremerton, WA, cite a Gen- recommend reopening matters, then I going to be the case. But from the eral Accounting Office report that says there believe we will be in very serious trou- point of view of its availability to pri- were a number of last minute changes in the ble. marily American tourists, it is obvi- Navy’s selection process that skewed it in

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6984 CONGRESSIONAL RECORD — SENATE July 8, 1997 favor of Honolulu. They want the selection was notified for the first time that ‘‘In nicating information about the two addi- process reopened. Hawaii Senator DAN addition to the financial and technical tional evaluation criteria of Public Affairs INOUYE, whose enthusiasm was very obvious information that you’ve provided, your Benefit and Historical Significance. The in the effort to get the Missouri at Pearl Har- application will also be evaluated in General Accounting Office also noted, how- bor, says the GAO report in itself is skewed. ever, that none of the applicants requested He promises the great battleship will come terms of its overall public benefit to clarification on any aspect of these two cri- to Pearl. Let’s hope so. But if the proposed the Navy and to the historical signifi- teria. When the General Accounting Office Pearl Harbor resting place makes so much cance associated with each location to forwards their report to me, I will consider sense, as we believe, then there should be no include the manner in which the ship and provide a written response to any spe- problem in reopening the selection process will be used as a naval museum or me- cific recommendations they make regarding so that all questions are answered. morial.’’ Notification was made in how to improve the process for future com- It concludes, ‘‘And no one can claim writing, with telephone confirmation. petitive donation selections. Hawaii stole it. We can proudly say we The GAO also reports on page 12 that I am sensitive to the concerns of those American veterans who have expressed their earned the right to host the Missouri.’’ none of the applicants requested clari- desire to keep ex-MISSOURI on the main- I am not sure that would be the re- fication of the June 5 letter or ex- land. Others, including the American Le- sult. I hope that would not be the re- pressed concern about the additional gion’s Department of Missouri, have en- sult. The very newspaper in Honolulu requirements at the time, and all re- dorsed the Pearl Harbor site. I regret that it itself acknowledges that this competi- sponded to the letter. is not possible to accommodate all groups tion should be a fair one and carries That, to me, is a very critical fact, who are interested in the location of the ex- the implication that it was an unfair that when the additional requirements MISSOURI display. As I said at the time my one. We ask no more than that. This is were spelled out in that June 5 notifi- selection was announced last summer, this cation, that all the applicants re- was a very tough decision since all the pro- not a tremendously complicated proc- posals were so impressive. I hope that other ess. It will not take a long time to do sponded to the letter with the addi- groups interested in displaying a Navy ship justice. But justice has not been done, tional requirements and none re- will consider that there are several other Madam President, and it can only be quested clarification or expressed con- ships currently available for donation. done by the acceptance of this amend- cern. As always, if I can be of any further assist- ment. Was this a perfect process? It was ance, please let me know. I ask for the yeas and nays on the not. The GAO acknowledges that, and Sincerely, amendment. indeed, the Navy acknowledges that. JOHN H. DALTON, The PRESIDING OFFICER. Is there a Was this process sufficiently fair so Secretary of the Navy. sufficient second? that we should not reopen the Navy’s Mr. AKAKA. Madam President, I rise There is a sufficient second. decision to donate the Missouri to Pearl in opposition to the amendment offered The yeas and nays have been ordered. Harbor? It seems to me that it does by Senator GORTON. Mr. INOUYE. Madam President, I meet that test. The ‘‘Mighty Mo’’ is a historical icon suggest that to call upon the Navy as I will oppose the amendment and of World War II in the Pacific. It began being unfair and not objective is not vote against reopening the Navy’s se- its service in World War II by providing fair. There is nothing in the record to lection process. gunfire support during the battles of suggest that they have been less than I yield the floor. Iwo Jima and Okinawa. The U.S.S. Mis- objective or less than fair. Mr. INOUYE. Madam President, I ask souri took its place in world history I think it should be pointed out that unanimous consent that a letter dated when it became the site for the formal the GAO report stated that no one re- June 10, 1997, from the Secretary of the signing of Japan’s surrender. ceived preferential treatment, no one Navy to the Honorable NORMAN D. Continuing its auspicious beginnings, received advance notice. It was objec- DICKS, a Member of the House of Rep- the Missouri participated in the Korean tive, it was fair to all, and the Sec- resentatives, be printed in the RECORD. war, was decommissioned, then re- retary of the Navy just recently stated There being no objection, the letter commissioned, and saw its final battles he stands by his decision, and the GAO was ordered to be printed in the during the Persian Gulf conflict. She report itself says the decision should be RECORD, as follows: was finally decommissioned on March left where it is. It should not be re- DEPARTMENT OF THE NAVY, 31, 1992. opened. OFFICE OF THE SECRETARY, In January 1995, the Department of So I hope my colleagues will defeat Washington, DC, 10 June 1997. the Navy declared Iowa class battle- this amendment. Hon. NORMAN D. DICKS, ships in excess to its requirements. The Mr. GORTON. Madam President, one House of Representatives, people of Hawaii have always believed Washington, DC. correction. The GAO makes no rec- DEAR MR. DICKS: Thank you for your letter that the Missouri’s home is Hawaii. We ommendation with respect to whether of June 3, 1997, regarding the General Ac- supported having her homeported in or not this question should be reopened counting Office report concerning the Navy’s Hawaii before she was decommissioned whatever. It does say the Navy should donation selection process for the battleship in 1992. Since then, our community has change its donation procedures in the ex-MISSOURI. been diligently working to bring the future, but it does not say that the se- I have reviewed the General Accounting Missouri to Hawaii to fulfill its final lection should stand. Office report you enclosed, and I find that it mission—as a memorial museum in the contains nothing that would warrant reopen- Mr. LEVIN. Madam President, I op- ing the process. The General Accounting Of- Pacific. It is a fitting tribute to those pose the amendment to reopen the fice stated that the Navy ‘‘impartially ap- we honor at the Arizona Memorial to Navy’s decision to donate the U.S.S. plied’’ the donation selection process, and have the Missouri become a part of our Missouri to Pearl Harbor. that all applicants received the same infor- memorial in the Pacific. These are obviously very difficult de- mation at the same time. The report’s chro- The Senator from Washington be- cisions for all of us to make because of nology documents that scoring for the finan- lieves that the Navy’s evaluation proc- the friendships with the Senators from cial, technical, historical and public affairs ess was unfair because the criteria the States involved. I do believe, under evaluation of each application did not begin were changed during the evaluation until after all criteria weighting was estab- these circumstances, the GAO found lished and all information was received from stage. However, the General Account- that the Navy’s donation process was the applicants. The initial evaluation scores ing Office found that the Navy provided impartially applied, to use their words. developed by each of the three independent all applicants the same information on They are critical of some aspects of the scoring teams were maintained throughout the additional criteria at the same process and many of these processes the process. I remain confident that my se- time. Although all interested parties are not perfect in their application. lection of Pearl Harbor was in the best inter- were provided the same information, But to me, the key words of the GAO est of the Navy and our Nation, based on the none of the applicants requested clari- report are that the Navy’s donation impartial review of the relative merits of the fication of the additional requirement. four acceptable applications. process appears to have been impar- The General Accounting Office found the The Navy conducted an impartial and tially applied, and the GAO’s state- initial phase of the donation selection proc- fair review in determining the site lo- ment on page 10 where they say that on ess was well-handled, but that the Navy cation for the Missouri. There is no rea- June 5, 1996, each of the five applicants could have done a better job of commu- son to reopen the selection process. I

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6985 urge my colleagues to reject the much more, in the costs of disposing of Today, we have stockpiled chemical amendment offered by the Senator these weapons. weapons stored at 9 locations. On the from Washington, and let us move for- The Chair might wonder why the chart on my right, one can see that we ward in establishing a memorial to chairman of the Energy and Natural start out with the Johnston Atoll, an those who so gallantly fought in the Resources Committee is interested and island in the Pacific, roughly 700 miles Pacific. involved with this issue, and to what southwest of Hawaii. We have another Mr. MURKOWSKI. Madam President, degree does he have expertise in this in Tooele, UT. Umatilla, OR; Pueblo, I ask unanimous consent that the area that falls under the auspices of CO; Pine Bluff, AR; Anniston, AL; Blue pending amendment be temporarily set the Department of Defense and under Grass, KY; Aberdeen, MD, and New- aside. the Defense authorization bill. The port, IN. The PRESIDING OFFICER. Without Chairman would respond, Madam The chemical consistencies of the objection, it is so ordered. President, by noting that, as chairman weapons stored there are abbreviated AMENDMENT NO. 753 of the Energy and Natural Resources here by GB, which is a sarin nerve (Purpose: To require a report on options for Committee, I spend a great deal of agent, and HD, which is a mustard blis- the disposal of chemical weapons and agents) time and energy in the area of nuclear ter agent, and VX, which is a nerve gas Mr. MURKOWSKI. Madam President, waste and nuclear waste disposal and agent. I send an amendment to the desk and the transportation of nuclear waste. Now, I have had the opportunity to ask for its immediate consideration. I might add that there has been visit the facility at Johnston Island on The PRESIDING OFFICER. The moved globally about 25,000 tons of two occasions in the last 3 years. The clerk will report. high-level nuclear waste throughout chemical weapons are stored in cap- The assistant legislative clerk read the world. We have, currently, in some sules that look like hundred pound as follows: 80 reactors in 31 sites in the United bombs. And within the bomb itself, or States, high-level nuclear waste that The Senator from Alaska [Mr. MURKOWSKI] the casing, we have two components. proposes an amendment numbered 753. we are contemplating at some time One is an agent that is separate and moving to Yucca Mountain in Nevada. Mr. MURKOWSKI. Mr. President, I distinct from the other nerve gas So I think the qualifications for a con- ask unanimous consent that further agents, and there is a triggering mech- tribution to the area of disposing of reading of the amendment be dispensed anism. Of course, the chemical reac- chemical weapons is appropriate in the with. tion takes place when the two are body of the amendment. This amend- The PRESIDING OFFICER. Without mixed, or the exterior shell is punc- ment simply calls for a study. It does objection, it is so ordered. tured or broken. It is rather revealing not mandate changes in the program at The amendment is as follows: to contemplate the terrible con- this time, but will provide the Congress sequences of this type of weaponry, At an appropriate place in title III, insert with an important and needed oppor- the following: Madam President. It was explained tunity to responsibly evaluate alter- SEC. . REPORT ON OPTIONS FOR THE DISPOSAL that these can be fired from a Howitzer OF CHEMICAL WEAPONS AND natives to our chemical weapons dis- in ground activity, exploding perhaps AGENTS. posal program in the future. 300 or 400 feet in the air, and the mist Surprisingly enough, there is no au- (a) REQUIREMENT.—Not later than March of the vapors, upon contact with the 15, 1998, the Secretary of Defense shall sub- thority to evaluate alternatives at this skin, will take a life within 30 seconds. mit to Congress a report on the options time for the Department of Defense. It Now, when you see this stored, you available to the Department of Defense for was my hope this amendment would be the disposal of chemical weapons and agents accepted by the floor managers. come to grips with the reality of the in order to facilitate the disposal of such I think it is noteworthy, Madam devastation of this type of weaponry weapons and agents without the construc- President, that prior to the Senate’s and the necessity of proper disposal. tion of additional chemical weapons disposal It is also important to recognize how facilities in the continental United States. ratification of the Chemical Weapons Treaty, the United States did adopt the it got there because this stuff wasn’t (b) ELEMENTS.—The report shall include made at Johnston Island. It was the following: policy that we would dispose of our (1) a description of each option evaluated; chemical weapons in a safe and envi- shipped there from Europe, and some (2) an assessment of the lifecycle costs and ronmentally responsible manner. As was shipped from some of our bases in risks associated with each option evaluated; most of my colleagues know, the dis- the Pacific. It was shipped under the (3) a statement of any technical, regu- posal process is now underway, but it is observation of the Army Corps of Engi- latory, or other requirements or obstacles becoming clear that we cannot afford neers. It was shipped safely and met with respect to each option, including with the criteria for shipment, which was respect to any transportation of weapons or to continue this program as it is cur- rently constructed because of the evaluated to ensure its safety. agents that is required for the option; So it is important to keep in mind in (4) an assessment of incentives required for costs. sites to accept munitions or agents from out- According to the General Accounting this discussion that these weapons we side their own locales, as well as incentives Office, the costs of the stockpile dis- are now disposing of at Johnston Is- to enable transportation of these items posal program have escalated seven- land, for the most part, were weapons across state lines; fold, from an initial estimate of $1.7 that were part of the NATO capability, (5) an assessment of the cost savings that billion to a current estimate of $12.4 shipped from Germany, and have been could be achieved through either the applica- billion. The costs of the nonstockpile safely transported to Johnston Island tion of uniform federal transportation or and are under the process of being de- safety requirements and any other initia- program, which consists of the location tives consistent with the transportation and and destruction of chemical weapons stroyed. safe disposal of stockpile and nonstockpile ordinance that was disposed of through Now, at Johnston island, we have chemical weapons and agents; and burial or other means in the past, this capability for weapons demili- (6) proposed legislative language necessary could cost an additional $15.1 billion tarization and incineration. This com- to implement options determined by the Sec- and take up to 40 years to complete. plies, as it must, with all applicable en- retary to be worthy of consideration by the Well, that is a total of about $27.5 bil- vironmental laws, including the Re- Congress. lion to dispose of our chemical weap- source Conservation and Recovery Act, Mr. MURKOWSKI. Madam President, ons. However, the GAO indicates that the Clean Air Act, the Clean Water let me explain very briefly the amend- both the costs and the disposal sched- Act, and the Toxic Substances Control ment that I put before the Senate. This ules are highly uncertain and that it Act. It is a superbly safe, state-of-the- amendment would direct the Depart- will likely take more time and likely art facility. It is also very expensive. ment of Defense to conduct a study of take more money to get this job done. This plant cost approximately $1 bil- alternatives to our present approach to Well, as a consequence of that di- lion. chemical weapons disposal. Depending lemma, Madam President, I think the What they have there are chambers on the conclusion of this study and its program needs a fresh look, a new com- where they take these things that look evaluation, there is a potential savings prehensive evaluation by the program like bombs with the chemical in them to the taxpayer, somewhere in the area managers in the Department of De- and they actually take, in parts, the of $3 billion to $5 billion, and perhaps fense. Chamber—that is, the inner Chamber,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6986 CONGRESSIONAL RECORD — SENATE July 8, 1997 remove that, and put it in an area one, will await the results of the study The PRESIDING OFFICER. The where they are able to dispose, through before reaching any firm conclusions. clerk will call the roll. heat, of the volatility of the particular But I have a hunch—and it is more The assistant legislative clerk pro- chemical agent. The other part goes in than a hunch—that we can save money ceeded to call the roll. another Chamber and is burned at a by reassessing this process. I am not Mr. MURKOWSKI. Madam President, very high temperature in an enclosed suggesting it should go to any one I ask unanimous consent that the order cycle process. So there is nothing that place. But the reality is that we are de- for the quorum call be rescinded. gets into the atmosphere. signing a framework here for disposal The PRESIDING OFFICER. Without Now, we have recently opened an- in seven new additional sites which objection, it is so ordered. other $1 billion facility in Tooele, UT. still need to be built. Given that we Mr. MURKOWSKI. Madam President, The theory is that we are going to have have two state of the art, fully oper- I am not sure whether the Parliamen- to build some seven more of these ational facilities at Johnston Island tarian recorded my request for the yeas plants, capable of disposing of this and Tooele, UT, is it really necessary and nays. I would like to withdraw ask- chemical waste at each of the locations that we need to build seven additional ing for the yeas and nays on my where stockpiled chemical weapons are sites? Or can we consolidate this proc- amendment at this time. stored. So while we have operational ess, perhaps with one site on the east The PRESIDING OFFICER. The yeas facilities at Johnston Atoll and Tooele, coast and one site in the middle of the and nays have not been ordered. Mr. MURKOWSKI. I thank the Chair. UT, we are prepared to put in seven country? Our technical people have more at a billion dollars each, simply proven the competency of disposing of AMENDMENT NO. 753, AS MODIFIED because we are prohibited from even this, as we have had this process under- Mr. MURKOWSKI. Madam President, considering shipping this to safe dis- way at Johnston Island and Tooele for I ask unanimous consent that I be al- posal sites already on line. some time. We seem to be so paranoid lowed to modify my amendment which As I said, we have a perfectly func- over the fact that we have this stuff is pending at the desk at this time. tioning facility on Johnston Island, and we are caught, if you will, in a di- The PRESIDING OFFICER. The Sen- which has been operational for a num- lemma of, well, if we want to get rid of ator has the right to modify his amend- ber of years. Should we move or even it, we have to build a plant where it is ment at this time. Mr. MURKOWSKI. I thank the Chair. consider moving chemical weapons to stationed because nobody wants to see it moved across to someplace else The PRESIDING OFFICER. The Johnston Island and dispose of all of amendment is so modified. them in that plant we have already where it can be disposed of. But nobody addresses what the experts tell us rel- The amendment (No. 753), as modi- built? The answer clearly is no. There fied, is as follows: are objections from California and ob- ative to the ability to move this stuff safely. We moved it safely from Ger- At an appropriate place in title III, insert jections from Hawaii. Nobody wants the following: this to happen in their own backyard. many to Johnston Island, it can be done and has been done. To suggest SEC. . REPORT ON OPTIONS FOR THE DISPOSAL These States that have the chemical OF CHEMICAL WEAPONS AND weapons stored are in kind of a catch- that we can’t move it 400 or 500 miles AGENTS. 22. They don’t want them there any- by putting it in the type of containers Notwithstanding any provision of law: (a) REQUIREMENT.—Not later than March more. If they want to get rid of them, that will alleviate virtually any expo- sure associated with an accident, I 15, 1998, the Secretary of Defense shall sub- they have to build a plant at a cost of think, sells American technology and mit to Congress a report on the options over a billion dollars, as opposed to the ingenuity short. We can move chemical available to the Department of Defense for alternative of shipping them to one or weapons in a safe and environmentally the disposal of chemical weapons and agents two sites. in order to facilitate the disposal of such Well, the answer to this $5 billion responsible manner, and we can save a weapons and agents without the construc- question is simple. Under current law, lot of money by reducing the number of tion of additional chemical weapons disposal the Department of Defense cannot facilities that we are committed to facilities in the continental United States. build. (b) ELEMENTS.—The report shall include move chemical weapons across State So I urge the Senate to adopt my the following: lines. In fact, they can’t even study the amendment. Again, I urge my col- (1) a description of each option evaluated; concept of transporting the munitions leagues to reflect on the reality that (2) an assessment of the lifecycle costs and to an existing plant and thus build risks associated with each option evaluated; this amendment does not mandate any (3) a statement of any technical, regu- fewer plants. So if you look at the changes in the program. It will not practicality of where we are, we are of latory, or other requirements or obstacles mandate the movement of any chem- with respect to each option, including with one mind set. Reality: If we want to ical weapons from one place to another respect to any transportation of weapons or get rid of this stuff, we have to build or remove the prohibitions to move agents that is required for the option; seven plants rather than move the stuff weapons across State lines. It would (4) an assessment of incentives required for because we have a law that prohibits us merely allow the Department of De- sites to accept munitions or agents from out- side their own locales, as well as incentives from moving these agents across State fense to study alternatives and report lines for disposal at one or two plants. to enable transportation of these items back to Congress by March 15, 1998. I across state lines; In other words, the Department of know of the sensitivity of Members Defense can’t even think about saving (5) an assessment of the cost savings that whose States are affected. But I ask could be achieved through either the applica- money by having this process occur in them to consider the merits of a study tion of uniform federal transportation or just a couple of plants instead of—well, to evaluate, indeed, whether we can safety requirements and any other initia- it would be a total of nine. My amend- move some of this to some places and tives consistent with the transportation and ment is designed to allow the Depart- reduce the number of facilities that we safe disposal of stockpile and nonstockpile ment of Defense to study the transpor- chemical weapons and agents; and are going to build at a billion dollars a (6) proposed legislative language necessary tation issue, as well as whatever other crack. What are we going to do with approaches might be available to help to implement options determined by the Sec- these facilities when the weapons have retary to be worthy of consideration by the bring down program costs consistent been deactivated and destroyed? We are Congress. with the safe disposal of these chem- going to destroy the facilities. I urge Mr. MURKOWSKI. I thank the Chair. ical weapons. adoption of the amendment. I suggest the absence of a quorum. My amendment does not repeal the Madam President, if I may, it is my The PRESIDING OFFICER. The provision in the 1995 defense authoriza- intention to ask for the yeas and nays clerk will call the roll. tion bill that prohibits the movement on my amendment at the appropriate The assistant legislative clerk pro- of chemical weapons munitions across time. The floor managers can address ceeded to call the roll. the State lines. it at their convenience. Mr. LEVIN. Mr. President, I ask At this time, we are only seeking a Mr. LEVIN. Will the Senator with- unanimous consent that the order for study to identify and evaluate options. hold on that for a moment? the quorum call be rescinded. This study will assess lifecycle costs as Mr. MURKOWSKI. Yes. The PRESIDING OFFICER (Mr. well as risks. We are not moving be- Mr. LEVIN. Mr. President, I suggest BROWNBACK). Without objection, it is so yond the study phase because I, for the absence of a quorum. ordered.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6987 MODIFICATIONS TO AMENDMENTS NOS. 666, 667, SEC. 1075. LIMITATION ON USE OF COOPERATIVE In summary, this amendment estab- 668, AND 670, EN BLOC THREAT REDUCTION FUNDS FOR DE- lishes five conditions for the assistance STRUCTION OF CHEMICAL WEAP- Mr. LEVIN. Mr. President, on behalf ONS. that is to be provided to Russia for de- of Senator WELLSTONE, I ask unani- (a) LIMITATION.—No funds authorized to be struction of its chemical weapons, the mous consent that it be in order to appropriated under this or any other Act for so-called Nunn-Lugar funding. Very modify his amendments numbered 666, fiscal year 1998 for Cooperative Threat Re- briefly, this resolution is called for be- 667, 668, and 670, en bloc. duction programs may be obligated or ex- cause the funding that we have pro- The PRESIDING OFFICER. Is there pended for chemical weapons destruction ac- vided to Russia to date does not appear objection? The Chair hears none, and it tivities, including for the planning, design, to be adequately supported by the Gov- or construction of a chemical weapons de- is so ordered. struction facility or for the dismantlement ernment of Russia for its part of its Mr. LEVIN. I thank the Chair. Mr. of an existing chemical weapons production own chemical weapons destruction pro- President, on behalf of Senator facility, until the date that is 15 days after gram. If one could view this in the na- WELLSTONE, I send his modifications to a certification is made under subsection (b). ture of matching funds, I think it is the desk. (b) PRESIDENTIAL CERTIFICATION.—A cer- easy to understand. We have provided a The PRESIDING OFFICER. The tification under this subsection is a certifi- great deal of money, of Nunn-Lugar amendments are so modified. cation by the President to Congress that— funding, to Russia, much of it for de- (1) Russia is making reasonable progress The modifications are as follows: toward the implementation of the Bilateral struction of their chemical weapons. MODIFICATION TO AMENDMENT NO. 666 Destruction Agreement; They have not reciprocated by allo- On page 1, line 5, strike ‘‘shall’’ and insert (2) the United States and Russia have re- cating or spending any of their own in lieu thereof ‘‘is authorized to’’. solved, to the satisfaction of the United money for the destruction of their States, outstanding compliance issues under MODIFICATION TO AMENDMENT NO. 667 chemical weapons. the Wyoming Memorandum of Under- In addition, they have not ratified On page 7, line 13, strike ‘‘shall’’ and insert standing and the Bilateral Destruction in lieu thereof ‘‘is authorized to’’. the Chemical Weapons Convention. Agreement; They have not complied with the terms AMENDMENT NO. 668, AS MODIFIED (3) Russia has fully and accurately de- clared all information regarding its unitary of the so-called Wyoming Memoranda, At the end of subtitle D of title X, add the which is one of the methods by which following: and binary chemical weapons, chemical weapons facilities, and other facilities asso- we exchange information about our SEC. . TRANSFER FOR VETERANS’ HEALTH CARE ciated with chemical weapons; AND OTHER PURPOSES. chemical stocks in furtherance of an (4) Russia has deposited its instrument of (a) TRANSFER REQUIRED.—The Secretary of agreement to destroy them. They have ratification of the Chemical Weapons Con- backed out of the bilateral destruction Defense is authorized to transfer to the Sec- vention; and retary of Veterans’ Affairs $400,000,000 of the (5) Russia and the United States have con- agreement, which was our bilateral funds appropriated for the Department of De- cluded an agreement that— agreement to destroy our mutual fense for fiscal year 1998. (A) provides for a limitation on the United stocks of chemical weapons. They have (b) USE OF TRANSFERRED FUNDS.—Funds States financial contribution for the chem- not advanced a penny toward the devel- transferred to the Secretary of Veterans’ Af- ical weapons destruction activities; and opment of the facilities for the destruc- fairs shall be for the purpose of providing (B) commits Russia to pay a portion of the tion of their weapons that are cur- benefits under the laws administered by the cost for a chemical weapons destruction fa- rently being designed with U.S. Gov- Secretary of Veterans’ Affairs, other than cility in an amount that demonstrates that compensation and pension benefits provided Russia has a substantial stake in financing ernment money. In effect, they have under Chapters 11 and 13 of title 38, United the implementation of both the Bilateral De- not shown any willingness to join us in States Code. struction Agreement and the Chemical the destruction of those weapons which MODIFICATION TO AMENDMENT NO. 670 Weapons Convention, as called for in the pose the most threat to the United On page 1, line 6, strike ‘‘shall’’ and insert condition provided in section 2(14) of the States and other people around the in lieu thereof ‘‘is authorized to’’. Senate Resolution entitled ‘‘A resolution to world. advise and consent to the ratification of the As a result, partially in conformance Mr. LEVIN. I thank the Chair and Chemical Weapons Convention, subject to with the terms of the chemical weap- note the absence of a quorum. certain conditions’’, agreed to by the Senate ons treaty, which was earlier adopted, The PRESIDING OFFICER. The on April 24, 1997. and in conformance with S. 495, which clerk will call the roll. (c) DEFINITIONS.—In this section: had other specific requirements, and The assistant legislative clerk pro- (1) The term ‘‘Bilateral Destruction Agree- ment’’ means the Agreement Between the consistent with requirements that the ceeded to call the roll. United States of America and the Union of House of Representatives placed on the Mr. KYL. Mr. President, I ask unani- Soviet Socialist Republics on Destruction House-passed version of the defense au- mous consent that the order for the and Nonproduction of Chemical Weapons and thorization bill, we provide five spe- quorum call be rescinded. on Measures to Facilitate the Multilateral cific requirements that the Russian The PRESIDING OFFICER. Without Convention on Banning Chemical Weapons, Government will have to meet in order objection, it is so ordered. signed on June 1, 1990. (2) The term ‘‘Chemical Weapons Conven- to receive this funding. Mr. KYL. Mr. President, I have two First, that they show reasonable amendments that I would like to lay tion’’ means the Convention on the Prohibi- tion of the Development, Production, Stock- progress toward implementation of the down. Both are at the desk. piling and Use of Chemical Weapons and on 1990 Bilateral Destruction Agreement; AMENDMENT NO. 607 Their Destruction, opened for signature on second, that resolution of outstanding (Purpose: To impose a limitation on the use January 13, 1993. compliance issues related to the Wyo- of Cooperative Threat Reduction funds for (3) The term ‘‘Cooperative Threat Reduc- tion program’’ means a program specified in ming Memorandum of Understanding destruction of chemical weapons) and the BDA, that be resolved—at least Mr. KYL. Mr. President, the first section 1501(b) of the National Defense Au- thorization Act for Fiscal Year 1997 (Public that there be progress toward that; amendment at the desk is amendment Law 104–201: 110 Stat. 2731; 50 U.S.C. 2362 third, a full and accurate Russian ac- No. 607. note). counting of its own CW program, as re- The PRESIDING OFFICER. The (4) The term ‘‘Wyoming Memorandum of quired by those previously mentioned clerk will report. Understanding’’ means the Memorandum of agreements; fourth, Russian ratifica- The legislative clerk read as follows: Understanding Between the Government of tion of the Chemical Weapons Conven- the United States of America and the Gov- The Senator from Arizona [Mr. KYL] pro- tion; and, fifth, bilateral agreement to poses an amendment numbered 607. ernment of the Union of Soviet Socialist Re- publics Regarding a Bilateral Verification cap the United States CW destruction Mr. KYL. Mr. President, I ask unani- Experiment and Data Exchange Related to assistance and Russian commitment to mous consent that reading of the Prohibition on Chemical Weapons, signed at pay for a portion of their part of their amendment be dispensed with. Jackson Hole, Wyoming, on September 23, own CW destruction costs. The PRESIDING OFFICER. Without 1989. As I said, these are reasonable re- objection, it is so ordered. Mr. KYL. Mr. President, let me brief- quirements to be attached to U.S. tax- The amendment is as follows: ly describe what this amendment does. payer dollars going to the country of At the end of subtitle E of title X, add the Then I will discuss it in further detail Russia for the destruction of their following: later. chemical weapons. I will discuss it in

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6988 CONGRESSIONAL RECORD — SENATE July 8, 1997 further detail later, but it seems to me 102–377) from conducting underground nu- (A) to maintain a safe, secure, and reliable to be more than reasonable for us to clear tests ‘‘unless a foreign state conducts a nuclear weapons stockpile; and attach these conditions. If we do not, nuclear test after this date, at which time (B) as long as other nations covet or con- then additional taxpayer money is the prohibition on United States nuclear trol nuclear weapons or other weapons of testing is lifted’’. mass destruction, to retain a credible nu- going to be sent to Russia with no indi- (4) Section 1436(b) of the National Defense clear deterrent. cation whatsoever that Russia will Authorization Act, Fiscal Year 1989 (Public (2) NUCLEAR WEAPONS STOCKPILE.—It is in ever support the program funded with Law 100–456; 42 U.S.C. 2121 note) requires the the security interest of the United States to U.S. taxpayer dollars to support their Secretary of Energy to ‘‘establish and sup- sustain the United States nuclear weapons chemical weapons destruction pro- port a program to assure that the United stockpile through programs relating to gram. States is in a position to maintain the reli- stockpile stewardship, subcritical experi- Perhaps most important, the most ability, safety, and continued deterrent ef- ments, maintenance of the weapons labora- fect of its stockpile of existing nuclear weap- that it appears right now that Russia is tories, and protection of the infrastructure ons designs in the event that a low-threshold of the weapons complex. inclined to do is to destroy those old or comprehensive test ban on nuclear explo- (3) SENSE OF CONGRESS.—It is the sense of chemical weapons that pose an envi- sive testing is negotiated and ratified.’’. Congress that— ronmental concern to Russia with (5) Section 3138(d) of the National Defense (A) the United States should retain a triad United States dollars at the same time Authorization Act for Fiscal Year 1994 re- of strategic nuclear forces sufficient to deter that they are using Russian dollars to quires the President to submit an annual re- any future hostile foreign leadership with ac- continue a covert development and pro- port to Congress which sets forth ‘‘any con- cess to strategic nuclear forces from acting cerns with respect to the safety, security, ef- against our vital interests; duction program of new chemical fectiveness, or reliability of existing United weapons. So it makes no sense for us to (B) the United States should continue to States nuclear weapons raised by the Stock- maintain nuclear forces of sufficient size and be spending U.S. taxpayer dollars to pile Stewardship Program of the Department capability to hold at risk a broad range of help them destroy the stocks of the old of Energy’’. assets valued by such political and military environmentally unsafe weapons that (6) President Clinton declared in July 1993 leaders; and they would like to get rid of anyway, that ‘‘to assure that our nuclear deterrent (C) the advice of the persons required to at the same time they are using their remains unquestioned under a test ban, we provide the President and Congress with as- will explore other means of maintaining our money to develop new chemical weap- surances of the safety, security and reli- confidence in the safety, reliability, and the ability of the nuclear weapons force should ons and produce those new chemical performance of our weapons’’. This decision weapons that could someday be used be scientifically based, without regard for was codified in a Presidential Directive. politics, and of the highest quality and in- against the United States—all in viola- (7) Section 3138 of the National Defense Au- tegrity. thorization Act for Fiscal Year 1994 also re- tion of the chemical weapons treaty, I (c) ADVICE AND OPINIONS REGARDING NU- quires that the Secretary of Energy establish might add. CLEAR WEAPONS STOCKPILE.—Any director of a ‘‘stewardship program to ensure the preser- So that is the nature of the first a nuclear weapons laboratory or member of vation of the core intellectual and technical amendment. the Joint Nuclear Weapons Council, or the competencies of the United States in nuclear Commander of United States Strategic Com- AMENDMENT NO. 605 weapons’’. mand, may submit to the President or Con- (Purpose: To ensure the President and Con- (8) The plan of the Department of Energy gress advice or opinion in disagreement with, gress receive unencumbered advice from to maintain the safety and reliability of the the directors of the national laboratories, United States nuclear stockpile is known as or in addition to, the advice presented by the the members of the Nuclear Weapons Coun- the Stockpile Stewardship and Management Secretary of Energy or Secretary of Defense cil, and the commander of the United Program. This approach is yet unproven. The to the President, the National Security States Strategic Command regarding the ability of the United States to maintain war- Council, or Congress, as the case may be, re- safety, security, and reliability of the heads without testing will require develop- garding the safety, security, and reliability United States nuclear weapons stockpile) ment of new and sophisticated diagnostic of the nuclear weapons stockpile. Mr. KYL. If there is no objection, the technologies, methods, and procedures. Cur- (d) EXPRESSION OF INDIVIDUAL VIEWS.—No rent diagnostic technologies and laboratory representative of a government agency or second amendment is amendment No. managing contractor for a nuclear weapons 605. I call up that amendment at this testing techniques are insufficient to certify the future safety and reliability of the laboratory may in any way constrain a di- time. United States nuclear stockpile. In the past rector of a nuclear weapons laboratory, a The PRESIDING OFFICER. If there these laboratory and diagnostic tools were member of the Joint Nuclear Weapons Coun- is no objection, the clerk will report. used in conjunction with nuclear testing. cil, or the Commander of United States Stra- The legislative clerk read as follows: (9) On August 11, 1995, President Clinton di- tegic Command from presenting individual The Senator from Arizona [Mr. KYL] pro- rected ‘‘the establishment of a new annual views to the President, the National Secu- poses an amendment numbered 605. reporting and certification requirement [to] rity Council, or Congress regarding the safe- ty, security, and reliability of the nuclear Mr. KYL. Mr. President, I ask unani- ensure that our nuclear weapons remain safe and reliable under a comprehensive test weapons stockpile. mous consent that reading of the ban’’. (e) PROHIBITED PERSONNEL ACTIONS.—No amendment be dispensed with. (10) On the same day, the President noted representative of a government agency or The PRESIDING OFFICER. Without that the Secretary of Defense and the Sec- managing contractor may take any adminis- objection, it is so ordered. retary of Energy have the responsibility, trative or personnel action against a director The amendment is as follows: after being ‘‘advised by the Nuclear Weapons of a nuclear weapons laboratory, a member On page 347, between lines 15 and 16, insert Council, the Directors of DOE’s nuclear of the Joint Nuclear Weapons Council, or the the following: weapons laboratories, and the Commander of Commander of the United States Strategic Command, in order to prevent such indi- SEC. 1075. ADVICE TO THE PRESIDENT AND CON- United States Strategic Command’’, to pro- GRESS REGARDING THE SAFETY, SE- vide the President with the information to vidual from expressing views under sub- CURITY, AND RELIABILITY OF make the certification referred to in para- section (c) or (d) or as retribution for ex- UNITED STATES NUCLEAR WEAPONS graph (9). pressing such views. STOCKPILE. (11) The Joint Nuclear Weapons Council es- (f) DEFINITIONS.— (a) FINDINGS.—Congress makes the fol- tablished by section 179 of title 10, United (1) REPRESENTATIVE OF A GOVERNMENT lowing findings: States Code, is responsible for providing ad- AGENCY.—The term ‘‘representative of a gov- (1) Nuclear weapons are the most destruc- vice to the Secretary of Energy and Sec- ernment agency’’ means any person em- tive weapons on earth. The United States retary of Defense regarding nuclear weapons ployed by, or receiving compensation from, and its allies continue to rely on nuclear issues, including ‘‘considering safety, secu- any department or agency of the Federal weapons to deter potential adversaries from rity, and control issues for existing weap- Government. using weapons of mass destruction. The safe- ons’’. The Council plays a critical role in ad- (2) MANAGING CONTRACTOR.—The term ty and reliability of the nuclear stockpile vising Congress in matters relating to nu- ‘‘managing contractor’’ means the non-gov- are essential to ensure its credibility as a de- clear weapons. ernment entity specified by contract to terrent. (12) It is essential that the President re- carry out the administrative functions of a (2) On September 24, 1996, President Clin- ceive well-informed, objective, and honest nuclear weapons laboratory. ton signed the Comprehensive Test Ban opinions from his advisors and technical ex- (3) NUCLEAR WEAPONS LABORATORY.—The Treaty. perts regarding the safety, security, and reli- term ‘‘nuclear weapons laboratory’’ means (3) Effective as of September 30, 1996, the ability of the nuclear weapons stockpile. any of the following: United States is prohibited by relevant pro- (b) POLICY.— (A) Los Alamos National Laboratory. visions of the National Defense Authoriza- (1) IN GENERAL.—It is the policy of the (B) Livermore National Laboratory. tion Act for Fiscal Year 1993 (Public Law United States— (C) Sandia National Laboratories.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6989 Mr. KYL. Mr. President, the purpose The PRESIDING OFFICER. The clo- MORNING BUSINESS of this amendment—and this is really a ture motion having been presented Mr. LOTT. Mr. President, I now ask very simple amendment that I think under rule XXII, the Chair directs the unanimous consent that there be a pe- specific language will be worked out on clerk to read the motion. riod for the transaction of morning with members of the committee and The legislative clerk read as follows: business with Senators permitted to hopefully could be included as part of CLOTURE MOTION speak for up to 5 minutes each. the managers’ amendment—is simply We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without to ensure that the President of the ance with the provisions of rule XXII of the objection, it is so ordered. United States receives direct and ob- Standing Rules of the Senate, do hereby jective and unencumbered advice re- move to bring to a close debate on Calendar f garding the safety and reliability and No. 88, S. 936, the National Defense Author- MESSAGES FROM THE PRESIDENT security of the U.S. nuclear force from ization Act for fiscal year 1998: Trent Lott, Strom Thurmond, Jesse Messages from the President of the the directors of the national labora- United States were communicated to tories and the members of the Nuclear Helms, Pete V. Domenici, R.F. Ben- nett, Dan Coats, John Warner, Spencer the Senate by Mr. Williams, one of his Weapons Council. Abraham, Thad Cochran, Larry E. secretaries. Just one bit of background here. Craig, Ted Stevens, Tim Hutchinson, Both the national laboratories and the EXECUTIVE MESSAGES REFERRED Jon Kyl, Rick Santorum, Mike As in executive session the Presiding Nuclear Weapons Council are supposed DeWine, Phil Gramm. to give the President advice about the Officer laid before the Senate messages Mr. LEVIN. Would the majority lead- from the President of the United safety, reliability, and security of our er yield? nuclear force. For them to be able to States submitting treaties and sundry Mr. LOTT. Mr. President, I yield to nominations which were referred to the do that in an objective way, they obvi- the distinguished manager of the bill ously need to tell it as it is, ‘‘tell it appropriate committees. on that side of the aisle. (The nominations received today are like it is,’’ without any fear that they Mr. LEVIN. I want to thank the ma- are not adhering to any party line with printed at the end of the Senate pro- jority leader for yielding. I have had a ceedings.) respect to those issues. brief conversation with the majority f This, in effect, extends the Gold- leader because we are in a rather un- water-Nichols-like protection that has usual situation where there will be no EXECUTIVE AND OTHER previously been provided to members rollcall votes, further rollcall votes, COMMUNICATIONS of the armed services, the Joint Chiefs, until late tomorrow, and that we will for example, to the lab directors and The following communications were be then having a whole series of roll- the members of the Nuclear Weapons laid before the Senate, together with call votes that could occur I believe as Council so they can give the President accompanying papers, reports, and doc- early as 5 o’clock tomorrow afternoon, unvarnished, objective, accurate infor- uments, which were referred as indi- or whatever the UC reads. mation, and that information can also cated: But in my conversation with the ma- come to the Congress, all for the pur- EC–2390. A communication from the Con- jority leader, I was led to believe—and pose of enabling us to set proper na- gressional Review Coordinator, Animal and I think this would be very helpful— tional policy with respect to our nu- Plant Health Inspection Service, Department that if we are making good progress on of Agriculture, transmitting, pursuant to clear weapons. getting rollcall votes late tomorrow law, a rule entitled ‘‘Tuberculosis in Cattle Mr. President, I will have more to and Bison’’, received on June 30, 1997; to the say about this later. As I said, I hope and the next day, that there is a possi- bility at least that there will be no Committee on Agriculture, Nutrition, and the amendment can be worked on and Forestry. included as part of the managers’ need to proceed with the cloture vote EC–2391. A communication from the Sec- amendment. We will discuss this on Thursday. And I want to thank him retary of the Interior, transmitting, pursu- amendment further later. for that. ant to law, the Annual Report for fiscal year Mr. GRASSLEY addressed the Chair. Mr. LOTT. Mr. President, if I could 1996 under the Youth Conservation Corps The PRESIDING OFFICER. The Sen- respond. Act; to the Committee on Energy and Nat- ator from Iowa. Of course you always have the option ural Resources. Mr. GRASSLEY. Mr. President, I ask of vitiating a cloture vote. My only EC–2392. A communication from the Rail- road Retirement Board, transmitting, a draft unanimous consent to speak as in goal is trying to get this very impor- tant legislation moved through to com- of proposed legislation entitled ‘‘Railroad morning business for 9 minutes. Retirement and Railroad Unemployment In- The PRESIDING OFFICER. Is there pletion this week. I know that that is surance Amendments Act of 1997’’; to the objection? Without objection, it is so the desire on both sides of the aisle. I Committee on Labor and Human Resources. ordered. am concerned about the number of EC–2393. A communication from the Direc- Mr. GRASSLEY. I thank the Chair. amendments that have been suggested, tor, Regulations Policy Management Staff, (The remarks of Mr. GRASSLEY per- as many as 150 first-degree amend- Office of Policy Food and Drug Administra- taining to the introduction of S. 996 ments. I know a lot of those will fall tion, Department of Health and Human Serv- and S. 997 are located in today’s very quickly once we start moving ices, transmitting, pursuant to law, a report RECORD under ‘‘Statements on Intro- of a rule entitled ‘‘Medical Devices; Reclassi- through the process and getting to the fication of the Infant Radiant Warmer’’, re- duced Bills and Joint Resolutions.’’) end of the week. But I certainly will Mr. GRASSLEY. Mr. President, I ceived on June 27, 1997; to the Committee on consult with the Democratic leader, Labor and Human Resources. yield the floor. with the Senator from Michigan, and EC–2394. A communication from the Dep- The PRESIDING OFFICER. Who Senator THURMOND, to see how we are uty Director, Regulations Policy Manage- seeks time? doing. And we can take that into con- ment Staff, Office of Policy, Food and Drug Mr. GRASSLEY. I suggest the ab- sideration when we get to Thursday Administration, Department of Health and sence of a quorum. and see what the prospects are at that Human Services, transmitting, pursuant to The PRESIDING OFFICER. The law, a report of a rule entitled ‘‘Indirect clerk will call the roll. time. Food Additives: Adhesives and Components The legislative clerk proceeded to Mr. LEVIN. I thank the majority of Coatings; and Adjuvants, Production Aids, call the roll. leader. and Sanitizers’’, received on June 27, 1997; to Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. This cloture vote will the Committee on Labor and Human Serv- imous consent that the order for the occur sometime Thursday unless it is ices. quorum call be rescinded. vitiated. I will consult with the Demo- EC–2395. A communication from the Chair- The PRESIDING OFFICER. Without cratic leader for the exact time of the man of the Federal Housing Finance Board, transmitting, pursuant to law, a report of objection, it is so ordered. vote. I do ask unanimous consent that the the Federal Home Loan Banks and the Fi- f nancing Corporation for calendar year 1996 mandatory quorum under rule XXII be CLOTURE MOTION under the Chief Financial Officers Act; to waived. the Committee on Governmental Affairs. Mr. LOTT. Mr. President, I send a The PRESIDING OFFICER. Without EC–2396. A communication from the Direc- cloture motion to the desk. objection, it is so ordered. tor Morale, Welfare and Recreation Support

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6990 CONGRESSIONAL RECORD — SENATE July 8, 1997 Activity, Department of the Navy, Depart- EC–2409. A communication from the Con- baseball worldwide and should be entitled to ment of Defense, transmitting, pursuant to gressional Affairs Officer of the Federal all of the benefits and privileges available to law, the annual reports for calendar years Election Commission, transmitting, pursu- nongovernmental international organiza- 1995 and 1996 of the Retirement Plan for Ci- ant to law, a report relative to the National tions; to the Committee on Foreign Rela- vilian Employees; to the Committee on Gov- Voter Registration Act for the calendar tions. ernmental Affairs. years 1995 and 1996; to the Committee on f EC–2397. A communication from the Dis- Rules and Administration. trict of Columbia Auditor, transmitting, pur- STATEMENTS ON INTRODUCED f suant to law, a report entitled ‘‘Washington BILLS AND JOINT RESOLUTIONS Convention Center Authority Accounts and INTRODUCTION OF BILLS AND By Mr. MURKOWSKI (by re- Operation for Fiscal Years 1995 and 1996’’; to JOINT RESOLUTIONS the Committee on Governmental Affairs. quest): EC–2398. A communication from the Direc- The following bills and joint resolu- S. 991. A bill to make technical cor- tor, Regulations Policy Management Staff, tions were introduced, read the first rections to the Omnibus Parks and Office of Policy Food and Drug Administra- and second time by unanimous con- Public Lands Management Act of 1996, tion, Department of Health and Human Serv- sent, and referred as indicated: and for other purposes; to the Com- ices, transmitting, pursuant to law, a report By Mr. MURKOWSKI (by request): mittee on Energy and Natural Re- of a rule entitled ‘‘Indirect Food Additives: sources. Adjuvants, Production Aids, and Sanitizers’’, S. 991. A bill to make technical corrections received on July 7, 1997; to the Committee on to the Omnibus Parks and Public Lands THE OMNIBUS PARKS AND PUBLIC LANDS Labor and Human Resources. Management Act of 1996, and for other pur- MANAGEMENT ACT OF 1996 EC–2399. A communication from the Direc- poses; to the Committee on Energy and Nat- Mr. MURKOWSKI. Mr. President, I tor, Regulations Policy Management Staff, ural Resources. rise today to introduce legislation, at Office of Policy Food and Drug Administra- By Mr. CAMPBELL: the request of the administration, to tion, Department of Health and Human Serv- S. 992. A bill to amend chapter 44 of title make technical corrections to the Om- 18, United States Code, to increase the max- ices, transmitting, pursuant to law, a report nibus Parks and Public Lands Manage- of a rule entitled ‘‘Postmarketing Expedited imum term of imprisonment for offenses in- volving stolen firearms; to the Committee on ment Act of 1996. Adverse Experience Reporting for Human Mr. President, I would like to submit Drug and Licensed Biological Products; In- the Judiciary. creased Frequency Reports’’, received on By Mr. KENNEDY (for himself and Mr. a copy of the administration’s letter of July 7, 1997; to the Committee on Labor and DODD) (by request): transmittal along with a copy of the Human Resources. S. 993. A bill to assist States and secondary bill and section-by-section analysis, EC–2400. A communication from the Direc- and postsecondary schools to develop, imple- and I ask unanimous consent that they tor, Regulations Policy Management Staff, ment, and improve career preparation edu- be printed in the RECORD. Office of Policy Food and Drug Administra- cation so that every student has an oppor- At the end of the 104th Congress, leg- tion, Department of Health and Human Serv- tunity to acquire academic and technical islation was enacted making a number ices, transmitting, pursuant to law, a report knowledge and skills needed for postsec- of changes to various laws affecting the of a rule entitled ‘‘Indirect Food Additives: ondary education, further learning, and a national parks and other public lands. Polymers; Technical Amendment’’, received wide range of opportunities in high-skill, on July 7, 1997; to the Committee on Labor high-wage careers, and for other purposes; to This new law, Public Law 104–333, the and Human Resources. the Committee on Labor and Human Re- Omnibus Parks and Public Lands Man- EC–2401. A communication from the Direc- sources. agement Act of 1996, included over 100 tor, Regulations Policy Management Staff, S. 994. A bill to provide assistance to titles. With over 119 individual bills Office of Policy Food and Drug Administra- States and local communities to improve being included in this package, a num- tion, Department of Health and Human Serv- adult education and literacy, to help achieve ber of cross-references need changing, ices, transmitting, pursuant to law, a report the National Educational Goals for all citi- along with some spelling and grammat- of a rule relative to expanded safe use of zens, and for other purposes; to the Com- ical errors. triisopropanolamine, received on July 7, 1997; mittee on Labor and Human Resources. Mr. President, this bill, when enacted to the Committee on Labor and Human Re- By Mr. LAUTENBERG (for himself, sources. will make the necessary technical cor- Mr. GRAHAM, Mr. KENNEDY, Mrs. rections. EC–2402. A communication from the Sec- BOXER, Mr. MOYNIHAN, Mr. There being no objection, the mate- retary of Health and Human Services, trans- TORRICELLI, and Mrs. MURRAY): mitting, pursuant to law, a report relative to S. 995. A bill to amend title 18, United rial was ordered to be printed in the violations of the Antideficiency Act; to the States Code, to prohibit certain interstate RECORD, as follows: Committee on Appropriations. conduct relating to exotic animals; to the S. 991 EC–2403. A communication from the Archi- Committee on the Judiciary. Be it enacted by the Senate and House of Rep- tect of the Capitol, transmitting, pursuant By Mr. GRASSLEY (for himself and resentatives of the United States of America in to law, a report of expenditures during the Mr. SPECTER): Congress assembled, period October 1, 1996 through March 30, 1997; S. 996. A bill to provide for the authoriza- SECTION 1. SHORT TITLE AND TABLE OF CON- to the Committee on Appropriations. tion of appropriations in each fiscal year for TENTS. EC–2404. A communication from Chief, arbitration in United States district courts; The table of contents in section 1 of divi- Regulations Unit, Internal Revenue Service, to the Committee on the Judiciary. sion I of the Omnibus Parks and Public Department of the Treasury, transmitting, By Mr. GRASSLEY: Lands Management Act of 1996 (110 Stat. pursuant to law, a report relative to Revenue S. 997. A bill to amend chapter 44 of title 4094; 16 U.S.C. 1 note; hereinafter referred to Ruling 97–29; to the Committee on Finance. as the ‘‘Omnibus Parks Act’’) is amended by EC–2405. A communication from the Chief, 28, United States Code, to authorize the use striking— Regulations Unit, Internal Revenue Service, of certain arbitration procedures in all dis- Department of the Treasury, transmitting, trict courts, to modify the damage limita- ‘‘Sec. 504. Amendment to Boston National pursuant to law, a report of a rule relative to tion applicable to cases referred to arbitra- Historic Park Act. ‘‘Sec. 505. Women’s Rights National Historic guidance for income tax benefits (RIN 1545– tion, and for other purposes; to the Com- Park.’’ AV33), received on June 30, 1997; to the Com- mittee on the Judiciary. mittee on Finance. f and inserting— EC–2406. A communication from the Chief, ‘‘Sec. 504. Amendment to Boston National Regulations Unit, Internal Revenue Service, SUBMISSION OF CONCURRENT AND Historical Park Act. Department of the Treasury, transmitting, SENATE RESOLUTIONS ‘‘Sec. 505. Women’s Rights National Histor- pursuant to law, a report relative to An- The following concurrent resolutions ical Park.’’. nouncement 97–70; to the Committee on Fi- and Senate resolutions were read, and SEC. 2. THE PRESIDIO OF SAN FRANCISCO. nance. referred (or acted upon), as indicated: (a) Section 101(2) of Division I of the Omni- EC–2407. A communication from the Sec- bus Parks Act of 1996 (110 Stat. 4097; 16 U.S.C. retary of Health and Human Services, trans- By Mr. BREAUX: 460bb note) is amended by striking ‘‘the Pre- mitting, pursuant to law, a report of a notice S. Con. Res. 36. A concurrent resolution sidio is’’ and inserting ‘‘the Presidio was’’. relative to Home Health Agency costs; to the commemorating the bicentennial of Tuni- (b) Section 103(b)(1) of Division I of the Committee on Finance. sian-American relations; to the Committee Omnibus Parks Act (110 Stat. 4099; 16 U.S.C. EC–2408. A communication from the Sec- on Foreign Relations. 460bb note) is amended in the last sentence retary of Health and Human Services, trans- By Mr. COVERDELL: by striking ‘‘other lands administrated by mitting, pursuant to law, a report relative to S. Con. Res. 37. A concurrent resolution ex- the Secretary.’’ and inserting ‘‘other lands staff-assisted home dialysis under the Omni- pressing the sense of the Congress that Lit- administered by the Secretary.’’. bus Budget Reconciliation Act; to the Com- tle League Baseball Incorporated was estab- (c) Section 105(a)(2) of Division I of the mittee on Finance. lished to support and develop Little League Omnibus Parks Act (110 Stat. 4104; 16 U.S.C.

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460bb note) is amended by striking ‘‘in ac- (b) Section 511 of Division I of the Omnibus (1) in paragraph (7) by striking ‘‘(B) COM- cordance with section 104(h) of this title.’’ Parks Act (110 Stat. 4159; 16 U.S.C. 410ddd) is PETITIVE LEASING.—’’ and inserting ‘‘(B) COM- and inserting ‘‘in accordance with section amended— PETITIVE LEASING.—’’; 104(i) of this title.’’. (1) by striking ‘‘(e) GENERAL MANAGEMENT (2) in paragraph (9) by striking ‘‘granted by SEC. 3. COLONIAL NATIONAL HISTORICAL PARK. PLAN.’’ and inserting ‘‘(f) GENERAL MANAGE- statue’’ and inserting ‘‘granted by statute’’; Section 211(d) of Division I of the Omnibus MENT PLAN.’’; and (3) in paragraph (11)(B)(ii) by striking Parks Act (110 Stat. 4109; 16 U.S.C. 81p) is (2) by striking ‘‘(f) AUTHORIZATION OF AP- ‘‘more cost effective’’ and inserting ‘‘more amended by striking ‘‘depicted on the map PROPRIATIONS.’’ and inserting ‘‘(g) AUTHOR- cost-effective’’; dated August 1993, numbered 333/80031A,’’ and IZATION OF APPROPRIATIONS.’’. (4) in paragraph (13) by striking ‘‘estab- inserting ‘‘depicted on the map dated August (c) Section 511(g) of Division I of the Omni- lished by the agency under paragraph (13),’’ 1996, numbered 333/80031B,’’. bus Parks Act (110 Stat. 4159; 16 U.S.C. and inserting ‘‘established by the agency 410ddd) is further amended— SEC. 4. BIG THICKET NATIONAL PRESERVE. under paragraph (12),’’; and (1) by striking ‘‘to carry out the activities (5) in paragraph (18) by striking ‘‘under (a) Section 306(d) of Division I of the Omni- under section 3(D).’’ and inserting ‘‘to carry paragraph (7)(A)(i)(I), any lease under para- bus Parks Act (110 Stat. 4132; 16 U.S.C. 689 out the activities under subsection (d).’’; and graph (11)(B), and any lease of seasonal quar- note) is amended by striking ‘‘until the ear- (2) by striking ‘‘pursuant to cooperative ters under subsection (l),’’ and inserting lier of the consummation of the exchange of grants under subsection (d)(2).’’ and insert- ‘‘under paragraph (7)(A), and any lease under July 1, 1998,’’ and inserting ‘‘until the earlier ing ‘‘pursuant to cooperative grants under paragraph (11),’’. of the consummation of the exchange or July subsection (e)(2).’’. (b) Section 7(c)(2) of the Land and Water 1, 1998,’’. SEC. 12. NICODEMUS NATIONAL HISTORIC SITE. (b) Section 306(f)(2) of Division I of the Om- Conservation Fund Act of 1965 (16 U.S.C. Section 512(a)(1)(B) of Division I of the Om- 4601–9(c)) is amended as follows: nibus Parks Act (110 Stat. 4132; 16 U.S.C. 689 nibus Parks Act (110 Stat. 4163; 16 U.S.C. 461 (1) in subparagraph (C) by striking ‘‘The note) is amended by striking ‘‘located in note) is amended by striking ‘‘Afican-Ameri- sum of the total appraised value of the lands, Menard Creek Corridor’’ and inserting ‘‘lo- cans’’ and inserting ‘‘African-Americans’’. water, and interest therein’’ and inserting cated in the Menard Creek Corridor’’. SEC. 13. UNALASKA. ‘‘The sum of the total appraised value of the SEC. 5. LAMPREY WILD AND SCENIC RIVER. Section 513(c) of Division I of the Omnibus lands, waters, and interests therein’’; and The second sentence of the unnumbered Parks Act (110 Stat. 4165; 16 U.S.C. 461 note) (2) in subparagraph (F) by striking ‘‘all paragraph relating to the Lamprey River, is amended by striking ‘‘whall be comprised’’ property owners whose lands, water, or in- New Hampshire in Section 3(a) of the Wild and inserting ‘‘shall be comprised’’. terests therein, or a portion of whose lands, and Scenic Rivers Act (16 U.S.C. 1274(a)) is water, or interests therein,’’ and inserting amended by striking ‘‘through cooperation SEC. 14. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY. ‘‘all property owners whose lands, waters, or agreements’’ and inserting ‘‘through cooper- Section 603(d)(2) of Division I of the Omni- interests therein, or a portion of whose ative agreements’’. bus Parks Act (110 Stat. 4172; 16 U.S.C. 1a–5 lands, waters, or interests therein,’’. SEC. 6. VANCOUVER NATIONAL HISTORIC RE- note) is amended by striking ‘‘The study (c) Section 814(d)(2)(E) of Division I of the SERVE. under subsection (b) shall—’’ and inserting Omnibus Parks Act (110 Stat. 4196; 16 U.S.C. Section 502(a) of Division I of the Omnibus ‘‘The study shall—’’. 431 note) is amended by striking ‘‘(Public Parks Act (110 Stat. 4154; 16 U.S.C. 461 note) SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS. Law 89–665; 16 U.S.C. 470w–6(a)), is amended is amended by striking ‘‘published by the (a) Section 606(d) of Division I of the Omni- by striking’’ and inserting ‘‘(Public Law 89– Vancouver Historical Assessment’ published bus Parks Act (110 Stat. 4175; 16 U.S.C. 461 665; 16 U.S.C. 470w–6(a)), by striking’’. by the Vancouver Historical Study Commis- note) is amended as follows: (d) Section 814(g)(1)(A) of Division I of the sion’’ and inserting ‘‘published by the Van- (1) in paragraph (1) by striking ‘‘estab- Omnibus Parks Act (110 Stat. 4199; 16 U.S.C. couver Historical Study Commission’’. lished by section 5.’’ and inserting ‘‘estab- 1f) is amended by striking ‘‘(as defined in SEC. 7. AMENDMENT TO BOSTON NATIONAL HIS- lished by subsection (e).’’; section 2(a) of the Act of August 8, 1953 (16 TORICAL PARK ACT. (2) in paragraph (2) by striking ‘‘estab- U.S.C. 1c(a))),’’ and inserting ‘‘(as defined in Section 504 of Division I of the Omnibus lished by section 9.’’ and inserting ‘‘estab- section 2(a) of the Act of August 8, 1953 (16 Parks Act (110 Stat. 4155, 16 U.S.C. 1 note) is lished by subsection (h).’’; and U.S.C. 1(c)(a)),’’. amended by striking ‘‘SEC. 504. AMEND- (3) in paragraph (e) by striking ‘‘under sec- SEC. 20. BLACKSTONE RIVER VALLEY NATIONAL MENT TO BOSTON NATIONAL HISTORIC tion 6.’’ and inserting ‘‘under subsection HERITAGE CORRIDOR. PARK ACT.’’ and inserting ‘‘SEC. 504. (f).’’. Section 10 of the Act entitled ‘‘An Act to AMENDMENT TO BOSTON NATIONAL HIS- (b) Section 606(g)(5) of Division I of the establish the Blackstone River Valley Na- TORICAL PARK ACT.’’. Omnibus Parks Act (110 Stat. 4177; 16 U.S.C. tional Heritage Corridor in Massachusetts SEC. 8. MEMORIAL TO MARTIN LUTHER KING, JR. 461 note) is amended by striking ‘‘to carry and Rhode Island’’, approved November 10, Section 508(d) of Division I of the Omnibus out the Commission’s duties under section 1986 (Public Law 99–647; 16 U.S.C. 461 note), is Parks Act (110 Stat. 4157, 40 U.S.C. 1003 note) 9.’’ and inserting ‘‘to carry out the Commis- amended as follows: is amended by striking ‘‘section 8(b) of the sion’s duties under subsection (i).’’. (1) in subsection (b) by striking ‘‘For fiscal Act referred to in section 4401(b)),’’ and in- SEC. 16. WASHITA BATTLEFIELD. years 1996, 1997 and 1998,’’ and inserting ‘‘For serting ‘‘section 8(b) of the Act referred to in Section 607(d)(2) of Division I of the Omni- fiscal years 1998, 1999, and 2000,’’; and section 508(b),’’. bus Parks Act (110 Stat. 4181; 16 U.S.C. 461 (2) in subsection (d)(2) by striking ‘‘may be SEC. 9. ADVISORY COUNCIL ON HISTORIC PRES- note) is amended by striking ‘‘will work with made in the approval plan’’ and inserting ERVATION REAUTHORIZATION. local land owners’’ and inserting ‘‘will work ‘‘may be made in the approved plan’’. The first sentence of Sec. 205(g) of Title II with local landowners’’. SEC. 21. TALLGRASS PRAIRIE NATIONAL PRE- of the National Historic Preservation Act (16 SEC. 17. SKI AREA PERMIT RENTAL CHARGE. SERVE. U.S.C. 470 et seq.) is amended by striking Section 701 of Division I of the Omnibus (a) Section 1002(a)(4)(A) of Division I of the ‘‘and are otherwise available for the pur- Parks Act (110 Stat. 4182; 16 U.S.C. 497c) is Omnibus Parks Act (110 Stat. 4204; 16 U.S.S. pose.’’ and inserting ‘‘and are otherwise amended as follows: 689u) is amended by striking ‘‘to purchase a available for that purpose.’’. (1) in subsection (d)(1) and in subsection (d) portion of the ranch,’’ and inserting ‘‘to ac- SEC. 10. GREAT FALLS HISTORIC DISTRICT, NEW last paragraph, after ‘‘1994–1995 base year,’’ quire a portion of the ranch,’’. JERSEY. insert ‘‘AGR’’; (b) Section 1004(b) of Division I of the Om- Section 510(a)(1) of Division I of the Omni- (2) in subsection (f) by striking ‘‘subles- nibus Parks Act (110 Stat. 4205; 16 U.S.C. bus Parks Act (110 Stat. 4158; 16 U.S.C. 461 sees’’ and inserting ‘‘subpermittees’’; and 689u-3) is amended by striking ‘‘of June 3, note) is amended by striking ‘‘the contribu- (3) in subsection (f) by striking ‘‘(except for 1994,’’ and inserting ‘‘on June 3, 1994,’’. tion of our national heritage’’ and inserting bartered goods and complimentary lift tick- (c) Section 1005(g)(3)(A) of Division I of the ‘‘the contribution to our national heritage’’. ets)’’ and inserting ‘‘except for bartered Omnibus Parks (110 Stat. 4207; 16 U.S.C. 689u- SEC. 11. NEW BEDFORD NATIONAL HISTORIC goods and complimentary lift tickets offered 3) is amended by striking ‘‘Maintaining and LANDMARK DISTRICT. for commercial or other promotion pur- enhancing the tall grass prairie’’ and insert- (a) Section 511(c) of Division I of the Omni- poses)’’. ing ‘‘Maintaining and enhancing the bus Parks Act (110 Stat. 4160; 16 U.S.C. SEC. 18. ROBERT J. LAGOMARSINO VISITOR CEN- tallgrass prairie’’. 410ddd) is amended as follows: TER. SEC. 22. RECREATION LAKES. (1) in paragraph (1) by striking ‘‘certain Section 809(b) of Division I of the Omnibus (a) Section 1021(a) of Division I of the Om- districts structures, and relics’’ and insert- Parks Act (110 Stat. 4189; 16 U.S.C. 410ff note) nibus Parks (110 Stat. 4210; 16 U.S.C. 4601-10e ing ‘‘certain districts, structures, and rel- is amended by striking ‘‘referred to in sec- note) is amended by striking ‘‘for rec- ics.’’ tion 301’’ and inserting ‘‘referred to in sub- reational opportunities at federally-managed (2) in clause (2)(A)(i) by striking ‘‘The area section (a)’’. manmade lakes’’ and inserting ‘‘for rec- included with the New Bedford National His- SEC. 19. NATIONAL PARK SERVICE ADMINISTRA- reational opportunities at federally managed toric Landmark District, known as the’’ and TIVE REFORM. manmade lakes’’. inserting ‘‘The area included within the New (a) Section 814(a) of Division I of the Omni- (b) Section 13 of the Land and Water Con- Bedford Historic District, a National Land- bus Parks Act (110 Stat. 4190; 16 U.S.C. 17o. servation Fund Act of 1965 (Public Law 88– mark District, also known as the’’. note) is amended as follows: 578, 78 Stat. 897) is amended as follows:

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6992 CONGRESSIONAL RECORD — SENATE July 8, 1997 (1) in subsection (b)(6) by striking ‘‘the ec- note) is amended by striking ‘‘as provide for of a similar phrase parallel in the two places onomics and financing of recreation related by law or regulation.’’ and inserting ‘‘as pro- it is used. Section 19(c) eliminates two un- infrastructure.’’ and inserting ‘‘the econom- vided for by law or regulation.’’. necessary words, making this subparagraph ics and financing of recreation-related infra- SEC. 28. AUGUSTA CANAL NATIONAL HERITAGE parallel to the others. Section 19(d) corrects structure.’’; AREA. the punctuation for a U.S. Code citation. (2) in subsection (e) by striking ‘‘The re- Section 301(1) of Division II of the Omnibus Section 20(1) revises the years for which de- port shall review the extent of water related Parks Act (110 Stat. 4249; 16 U.S.C. 461 note) velopment funds are authorized to be appro- recreation’’ and inserting ‘‘The report shall is amended by striking ‘‘National Historic priated to the Blackstone River Valley Na- review the extent of water-related recre- Register of Historic Places,’’ and inserting tional Heritage Corridor. Since the Omnibus ation’’; and ‘‘National Register of Historic Places,’’. Parks Act was not enacted until November (3) in subsection (e)(2) by striking ‘‘at fed- SEC. 29. ESSEX NATIONAL HERITAGE AREA. of 1996 after appropriations has already been erally-managed lakes’’ and inserting ‘‘at fed- Section 501(8) of Division II of the Omnibus enacted for fiscal year 1997, the Act’s lan- erally managed lakes’’. Parks Act (110 Stat. 4257; 16 U.S.C. 461 note) guage eliminated two of the three years for SEC. 23. BOSTON HARBOR ISLANDS RECREATION is amended by striking ‘‘a visitors’ center’’ which funds would have been authorized. The AREA. and inserting ‘‘a visitor center’’. new language reinstates the intended three- (a) Section 1029(d)(6) of Division I of the year authorization. Section 20(2) corrects a Omnibus Parks Act of 1996 (110 Stat. 4235; 16 SEC. 30. OHIO & ERIE CANAL NATIONAL HERIT- AGE CORRIDOR. misspelling. U.S.C. 460kkk) is amended by striking ‘‘(6) (a) Section 805(b)(2) of Division II of the Section 21(a) would change the word in the RELATIONSHIP OF RECREATION AREA TO BOS- Omnibus Parks Act (110 Stat. 4269; 16 U.S.C. bill’s findings describing the secretary’s au- TON-LOGAN INTERNATIONAL AIRPORT.’’ and by 461 note) is amended by striking ‘‘One indi- thority to obtain land at Tallgrass Prairie inserting ‘‘(6) RELATIONSHIP OF RECREATION viduals,’’ and inserting ‘‘One individual,’’. NP to make it consistent with the actual au- AREA TO BOSTON-LOGAN INTERNATIONAL AIR- (b) Section 808(a)(3)(A) of Division II of the thority in Section 1006 that allows acquisi- PORT.’’. tion of land only by donation, not purchase. (b) Section 1029(e)(3)(B) of Division I of the Omnibus Parks Act (110 Stat. 4272; 16 U.S.C. 461 note) is amended by striking ‘‘from the Section 21(b) changes a preposition in the Omnibus Parks Act of 1996 (110 Stat. 4235; 16 sentence. Section 21(c) corrects the spelling U.S.C. 460kkk) is amended by striking ‘‘pur- Committee.’’ and inserting ‘‘from the Com- mittee,’’. of a word, making it parallel throughout the suant to subsections (b)(3), (4), (5), (6), (7), (8), section. (9), and (10).’’ and inserting ‘‘pursuant to sub- SEC. 31. HUDSON RIVER VALLEY NATIONAL HER- ITAGE AREA. Section 22 inserts hyphens in two compound paragraphs (e)(2)(C), (D), (E), (F), (G), (H), (I), adjectives and removes hyphens in two com- and (J).’’. Section 908(a)(1)(B) of Division II of the Omnibus Parks act (110 Stat. 4279; 16 U.S.C. pound adjectives where its use is incorrect. (c) Section 1029(f)(2)(A)(I) of Division I of Section 23(a) capitalizes the name of the 461 note) is amended by striking ‘‘directly on the Omnibus Parks Act (110 Stat. 4236; 16 airport in the title to the paragraph. Section nonfederally owned property’’ and inserting U.S.C. 460kkk) is amended by striking ‘‘and 23(b) corrects a cross-reference. Section 23(c) ‘‘directly on non-federally owned property’’. a delineation of profit sector roles and re- corrects a word in the compound adjective sponsibilities.’’ and inserting ‘‘and a delinea- SECTION-BY-SECTION ANALYSIS and inserts a hyphen. Section 23(d) inserts a tion of private-sector roles and responsibil- Section 1 corrects the names of two histor- hyphen in a compound adjective. ities.’’. ical parks in the Table of Contents. Section 24 uses a singular name for the vis- (d) Section 1029(g)(1) of Division I of the Section 2(a) corrects the historical fact that itor center making it parallel with similar Omnibus Parks Act (110 Stat. 4238; 16 U.S.C. the U.S. Army had already stopped using the references in the bill. 460kkk) is amended by striking ‘‘and revenue Presidio as a military base at the time this Section 25 changes a word in the title from raising activities.’’ and inserting ‘‘and rev- Act was introduced in the 104th Congress. the plural to the correct singular spelling. enue-raising activities.’’. The current language was taken from a pre- Section 26(a) changes an incorrect adjec- SEC. 24. NATCHEZ NATIONAL HISTORICAL PARK. vious bill that was drafted prior to the Army tive. Section 26(b) eliminates a redundant Section 3(b)(1) of the Act of October 8, 1988, leaving the Presidio. Section 2(b) corrects a cross-reference that was left from a previous entitled ‘‘An Act to create a national park at misspelling. Section 2(c) corrects an erro- version of the bill that permitted land acqui- Natchez, Mississippi’’ (16 U.S.C. 410oo et neous cross-reference. sition. Section 26(c) inserts a word to allow seq.), is amended by striking ‘‘and visitors’ Section 3 provides a new map reference for the sentence to read correctly. center for Natchez National Historical Colonial National Historical Park. The cor- Section 27(a) eliminates redundant lan- Park.’’ and inserting ‘‘and visitor center for rect map includes all of Lot 49 that was part guage in the sentence. Section 27(b) corrects Natchez National Historical Park.’’. of the Page Landing Addition authorized to the verb tense. SEC. 25. REGULATION OF FISHING IN CERTAIN be made to the park, but only half of which Section 28 inserts the correct name of the WATERS OF ALASKA. was included on the map referenced in the National Register of Historic Places. Section 1035 of Division I of the Omnibus Omnibus Parks Act. Section 29 uses a singular name for the vis- Parks Act (110 Stat. 4240; 16 U.S.C. 1 note) is Section 4(a) corrects the bill language to re- itor center making it parallel with similar amended by striking ‘‘SEC. 1035. REGULA- flect the intent of Congress that the report is references in the bill. TIONS OF FISHING IN CERTAIN WATERS due until the land exchange at Big Thicket Section 30(a) makes the noun singular to OF ALASKA.’’ and inserting ‘‘SEC. 1035. REG- National Preserve is completed or by July 1, agree with its pronoun. Section 30(b) re- ULATION OF FISHING IN CERTAIN 1998, whichever comes first. Section 4(b) in- places a period in the middle of sentence WATERS OF ALASKA.’’. serts a word to allow the sentence to read with a comma. SEC. 26. NATIONAL COAL HERITAGE AREA. correctly. Section 31 inserts a hyphen in a word mak- (a) Section 104(4) of Division II of the Om- Section 5 provides the correct name for co- ing it parallel to its use in the title of the nibus Parks Act (110 Stat. 4244; 16 U.S.C. 461 operative agreements. section and in other places in the bill. note) is amended by striking ‘‘that will fur- Section 6 eliminates duplicative language ther history preservation in the region.’’ and in the sentence. U.S. DEPARTMENT OF THE INTERIOR, inserting ‘‘that will further historic preser- Section 7 corrects the name of the park in OFFICE OF THE SECRETARY, vation in the region.’’. the title to the section. Washington, DC, June 3, 1997. (b) Section 105 of Division II of the Omni- Section 8 corrects a cross-reference. Hon. ALBERT GORE, Jr., bus Parks Act (110 Stat. 4244; 16 U.S.C. 461 Section 9 changes ‘‘the purpose’’ to ‘‘that President of the Senate, note) is amended by striking ‘‘The resources purpose’’ which references related language Washington, DC. eligible for the assistance under paragraphs in the sentence. DEAR MR. PRESIDENT: Enclosed is a draft of (2) and (5) of section 104’’ and inserting ‘‘The Section 10 changes a preposition in the sen- a bill ‘‘to make technical corrections to the resources eligible for the assistance under tence. Omnibus Parks and Public Lands Manage- paragraph (2) of section 104’’. Section 11(a) inserts a comma between two ment Act of 1996, and for other purposes.’’ (c) Section 106(a)(3) of Division II of the distinct items in the sentence. Section 11(b) We recommend that the bill be introduced, Omnibus Parks Act (110 Stat. 4244; 16 U.S.C. corrects a duplicative subsection reference referred to the appropriate committee for 461 note) is amended by striking ‘‘or Sec- by relettering two subsections. Section 11(c) consideration, and enacted. retary to administer any properties’’ and in- corrects two erroneous cross-references. At the end of the 104th Congress, legisla- serting ‘‘or the Secretary to administer any Section 12 corrects a misspelling. tion was enacted making a number of properties’’. Section 13 corrects a misspelling. changes to various laws affecting the na- SEC. 27. TENNESSEE CIVIL WAR HERITAGE AREA. Section 14 eliminates a redundant sub- tional parks and other pubic lands. This new (a) Section 201(b)(4) of Division II of the section reference. law, P.L. 104–333, the Omnibus Parks and Omnibus Parks Act (110 Stat. 4245; 16 U.S.C. Section 15 corrects four cross-references. Public Lands Management Act of 1996, in- 461 note) is amended by striking ‘‘and associ- Section 16 corrects a spelling error. cluded over 100 titles. With many individual ated sites associated with the Civil War’’ and Section 17 clarifies a time period, changes bills being included in this package, a num- insert ‘‘and sites associated with the Civil an incorrect word, and clarifies a term. ber of cross-references need changing, along War’’. Section 18 corrects a cross-reference. with some spelling and grammatical errors. (b) Section 207(a) of Division II of the Om- Section 19(a) corrects the spelling of the The attached draft bill would make these nibus Parks Act (110 Stat. 4248; 16 U.S.C. 461 paragraph title. Section 19(b) makes the use corrections.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6993 The Office of Management and Budget has 924(a)(2) of title 18, is a fine, a max- skill, high-wage careers, and for other advised that there is no objection to the en- imum term of imprisonment of 10 purposes; to the Committee on Labor actment of the enclosed draft legislation years, or both. My bill increases the and Human Resources. from the standpoint of the Administration’s THE CAREER EDUCATION REFORM ACT OF 1997 program. maximum prison sentence to 15 years. Sincerely, The third provision, set forth in sec- S. 994. A bill to provide assistance to JANE LYDER, tion 922(u) of title 18, makes it illegal States and local communities to im- Legislative Counsel, Office of to steal a firearm from a licensed deal- prove adult education and literacy, to Congressional and Legislative Affairs. er, importer, or manufacturer. For vio- help achieve the national educational Enclosures. lating this provision, the maximum goals for all citizens, and for other pur- term of imprisonment set forth in 18 poses; to the Committee on Labor and By Mr. CAMPBELL: S. 992. A bill to amend chapter 44 of U.S.C. 924(i)(1) would be increased to a Human Resources. title 18, United States Code, to increase maximum 15 years under my bill. THE ADULT BASIC EDUCATION AND LITERACY FOR THE TWENTY-FIRST CENTURY ACT the maximum term of imprisonment And the fourth provision, section Mr. KENNEDY. Mr. President, today, for offenses involving stolen firearms; 924(l) of title 18, makes it illegal to I am introducing two important edu- to the Committee on the Judiciary. steal a firearm from any person, in- cluding a licensed firearms collector. cation bills on behalf of Secretary THE STOLEN GUN PENALTY ENHANCEMENT ACT Riley and the administration. One is OF 1997 This provision also imposes a max- Mr. CAMPBELL. Mr. President, imum penalty of 10 years imprison- designed to meet the changing needs of many crimes in our country are being ment. As with the other three provi- students in vocational education pro- committed with stolen guns. The ex- sions, my bill increases this maximum grams. The other outlines a com- tent of this problem is reflected in a penalty to 15 years. prehensive strategy for enhancing number of recent studies and news re- In addition to these amendments to adult education and literacy services. ports. Therefore, today I am intro- title 18 of the United States Code, the Creating effective educational opportu- ducing the Stolen Gun Penalty En- bill I introduce today directs the nities for these two student popu- hancement Act of 1997 to increase the United States Sentencing Commission lations is essential if we are to make maximum prison sentences for vio- to revise the Federal sentencing guide- the American dream a reality for all lating existing stolen gun laws. lines with respect to these firearms of- our citizens. Reports indicate almost half a mil- fenses. The Career Preparation Education lion guns are stolen each year. As of Mr. President, I am a strong sup- Reform Act restructures Perkins Act March 1995, there were over 2 million porter of the rights of law-abiding gun programs to promote student achieve- reports in the stolen gun file of the owners. However, I firmly believe we ment in academic and technical skills. FBI’s National Crime Information Cen- need tough penalties for the illegal use Only with both a strong academic ter including 7,700 reports of stolen ma- of firearms. background and training in an employ- chine guns and submachine guns. In a 5 The ‘‘Stolen Gun Penalty Enhance- able skill will students be fully pre- year period between 1987 and 1992, the ment Act of 1997’’ will send a strong pared to compete in the 21st-century National Crime Victimization Survey signal to criminals who are even think- job market. Recognizing this core prin- notes that there were over 300,000 inci- ing about stealing a firearm. And, I ciple, the legislation supports broad- dents of guns stolen from private citi- urge my colleagues to join in support based career preparation education zens. of this legislation. which meets high academic standards Studies conducted by the Bureau of Mr. President, I ask unanimous con- and links vocational education with Alcohol, Tobacco and Firearms note sent that a copy of the bill be printed wider educational reform efforts. It en- that felons steal firearms to avoid in the RECORD. courages learning in both classroom background checks. A 1991 Bureau of There being no objection, the mate- and workplace settings. This proposal Justice Statistics survey of State pris- rial was ordered to be printed in the also contains strong accountability on inmates notes that almost 10 per- RECORD, as follows: provisions to ensure that local pro- cent had stolen a handgun, and over 10 S. 992 grams are actually achieving these percent of all inmates had traded or Be it enacted by the Senate and House of Rep- goals. sold a stolen firearm. resentatives of the United States of America in The Adult Basic Education and Lit- This problem is especially alarming Congress assembled, eracy for the Twenty-First Century among young people. A Justice Depart- SECTION 1. STOLEN FIREARMS. Act recognizes that adult education is ment study of juvenile inmates in four (a) IN GENERAL.—Section 924 of title 18, an integral component of our work States shows that over 50 percent of United States Code, is amended— force development system. Nearly 27 those inmates had stolen a gun. (1) in subsection (a)— percent of the adult population has not In my home State of Colorado, the (A) in paragraph (2), by striking ‘‘(i), (j),’’; earned a high school diploma or its and equivalent. Their chances for career Colorado Bureau of Investigation re- (B) by adding at the end the following: ceives over 500 reports of stolen guns ‘‘(7) Whoever knowingly violates sub- success are increasingly limited. Adult each month. As of this month, the Bu- section (i) or (j) of section 922 shall be fined education programs open doors for reau has a total of 34,825 firearms on as provided in this title, imprisoned not those who successfully participate in its unrecovered firearms list. more than 15 years, or both.’’; them. They help participants to ad- All of these studies and statistics (2) in subsection (i)(1), by striking ‘‘10 vance in the working world and to fully show the extent of the problem of sto- years’’ and inserting ‘‘15 years’’; and participate in every aspect of commu- len guns. Therefore, the bill I am intro- (3) in subsection (l), by striking ‘‘10 years’’ nity life. This legislation streamlines and inserting ‘‘15 years’’. ducing today will increase the max- existing adult education and literacy (b) SENTENCING COMMISSION.—The United imum prison sentences for violating States Sentencing Commission shall amend programs to maximize both access to existing stolen gun laws. the Federal sentencing guidelines to reflect educational opportunities and to en- Specifically, my bill increases the the amendments made by subsection (a). hance the quality of services. It seeks maximum penalty for violating four to target resources on those areas provisions of the firearms laws. Under By Mr. KENNEDY (for himself where the greatest need exists. section 922(i) of title 18 of the United and Mr. DODD) (by request): One of the highest priorities for the States Code, it is illegal to knowingly S. 993. A bill to assist States and sec- Labor and Human Resources Com- transport or ship a stolen firearm or ondary and postsecondary schools to mittee this year is the development of stolen ammunition. Under section develop, implement, and improve ca- a comprehensive work force develop- 922(j) of title 18, it is illegal to know- reer preparation education so that ment strategy for our Nation. Effective ingly receive, possess, conceal, store, every student has an opportunity to ac- vocational education and adult edu- sell, or otherwise dispose of a stolen quire academic and technical knowl- cation programs must be major compo- firearm or stolen ammunition. edge and skills needed for postsec- nents of such a plan. These innovative The penalty for violating either of ondary education, further learning, and proposals put forth by Secretary Riley these provisions, as provided by section a wide range of opportunities in high- should help us to achieve that goal.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6994 CONGRESSIONAL RECORD — SENATE July 8, 1997 Mr. President, I ask unanimous con- competition, and changes in production tech- student to achieve to challenging academic sent that each bill be printed in the nologies and the organization of work, the standards and industry-recognized skill RECORD. Nation must enable every student to obtain standards and prosper in a highly competi- There being no objection, the bills the academic, technical, and other skills tive, technological economy when it is needed to prepare for, and make a transition aligned with broader State and local edu- were ordered to be printed in the to, postsecondary education, further learn- cation reforms and with challenging stand- RECORD, as follows: ing, and a wide range of opportunities in ards reflecting the needs of employers and S. 993 high-skilled, high-wage careers. the demands of high-skill, high-wage careers, Be it enacted by the Senate and the House of ‘‘(b) DECLARATION OF FINDINGS.—The Con- and has the active involvement of employers, Representatives of the United States of America gress finds that— parents, and labor and community organiza- ‘‘(1) in order to be successful workers, citi- in Congress assembled, That this Act may be tions in planning, developing, and imple- zens, and learners in the 21st century, indi- cited as the ‘‘Center Preparation Education menting services and activities; viduals will need a combination of strong Reform Act of 1997’’. ‘‘(9) while current law has promoted impor- basic and advanced academic skills; com- tant reforms in vocational education, it con- TITLE I—AMENDMENTS TO THE CARL D. puter and other technical skills; theoretical tains numerous set-asides and special pro- PERKINS VOCATIONAL AND APPLIED knowledge; communications, problem-solv- grams and requirements that may inhibit TECHNOLOGY EDUCATION ACT ing, and teamwork skills; and the ability to further reforms as well as the proper imple- AMENDMENT TO THE ACT acquire additional knowledge and skills mentation of performance management sys- SEC. 101. The Carl D. Perkins Vocational throughout a lifetime; tems needed to ensure accountability for re- and Applied Technology Education Act (20 ‘‘(2) students in the United States can sults; achieve challenging academic and technical U.S.C. 2301 et seq.; hereinafter referred to as ‘‘(10) the Federal Government can— skills, and may learn better and retain more, ‘‘the Act’’) is amended in its entirety to read through a performance partnership with when they learn in context, learn by doing, as follows: States and localities based on clear pro- and have an opportunity to learn and under- ‘‘SHORT TITLE; TABLE OF CONTENTS grammatic goals, increased State and local stand how academic and technical skills are flexibility, improved accountability, and per- ‘‘SECTION 1. (a) SHORT TITLE.1—This Act used outside the classroom; formance goals, indicators, and incentives— may be cited as the ‘Carl D. Perkins Career ‘‘(3) a majority of high school graduates in provide to States and localities financial as- Preparation Education Act’. the United States do not complete a rigorous sistance for the improvement and expansion ‘‘(b) TABLE OF CONTENTS.—The table of course of study that prepares them for com- of career preparation education in all States, contents for this Act is as follows: pleting a two-year or four-year college de- as well as for services and activities that en- ‘‘TABLE OF CONTENTS gree or for entering high-skill, high-wage ca- reers; adult students are an increasingly di- sure that every student, including those with ‘‘Sec. 1. Short title; table of contents. verse group and often enter postsecondary special needs, has the opportunity to achieve ‘‘Sec. 2. Declaration of policy, findings, and education unprepared for academic and tech- the academic and technical skills needed to purpose. nical work; and certain individuals (includ- prepare for postsecondary education, further ‘‘Sec. 3. Authorization of appropriations. ing students who are members of special pop- learning, and a wide range of careers; and ‘‘(11) the Federal Government can also as- ‘‘TITLE I—PREPARING STUDENTS FOR ulations) often face great challenges in ac- sist States and localities by carrying out na- CAREERS quiring the knowledge and skills needed for tionally significant research, program devel- ‘‘PART A—CAREER PREPARATION EDUCATION successful employment. ‘‘(4) education reform efforts at the sec- opment, dissemination, evaluation, capacity- ‘‘Sec. 101. Career Preparation Education; building, data collection, professional devel- Priorities. ondary level are creating new American high schools that are committed to high academic opment, and technical assistance activities ‘‘Sec. 102. State leadership activities. that support State and local efforts to imple- ‘‘Sec. 103. State plans. standards for all students, and that ensure that all students have the academic and ment successfully programs, services, and ‘‘Sec. 104. Local activities. activities that are funded under this Act, as ‘‘Sec. 105. Local applications. technical skills needed to pursue postsec- ondary education, provide students with op- well as those supported with their own re- ‘‘Sec. 106. Performance goals and indicators. sources. ‘‘Sec. 107. Evaluation, improvement, and ac- portunities to explore careers, use tech- nology to enhance learning, and create safe, ‘‘(c) DECLARATION OF PURPOSE.—The pur- countability. pose of this Act is to assist all students, ‘‘Sec. 108. Allotments. supportive learning environments; ‘‘(5) community colleges are offering through a performance partnership with ‘‘Sec. 109. Within-State allocation and dis- adults a gateway to higher education, access States and localities, to acquire the knowl- tribution of funds. to quality occupational certificates and de- edge and skills they need to meet chal- ‘‘PART B—TECH-PREP EDUCATION grees that increase their skills and earnings, lenging State academic standards and indus- ‘‘Sec. 111. Program elements. and continuing education opportunities nec- try-recognized skill standards, and to pre- ‘‘Sec. 112. State leadership activities. essary for professional growth by ensuring pare for postsecondary education, further ‘‘Sec. 113. Local activities. that the academic and technical skills learning, and a wide range of opportunities ‘‘Sec. 114. Local applications. gained by students adequately prepare them in high-skill, high-wage careers. This pur- ‘‘Sec. 115. Evaluation, improvement, and ac- for the workforce, by enhancing connections pose shall be pursued through support for countability. with employers, and by obtaining sufficient State and local efforts that— ‘‘Sec. 116. Allotment and distribution. resources so that students have access to ‘‘(1) build on the efforts of States and lo- calities to develop and implement education ‘‘TITLE II—NATIONAL SUPPORT FOR state-of-the-art programs, equipment, and reforms based on challenging academic STATE AND LOCAL REFORMS support services; ‘‘(6) State initiatives to develop chal- standards; ‘‘Sec. 201. Awards for excellence. lenging State academic standards for all stu- ‘‘(2) integrate reforms of vocational edu- ‘‘Sec. 202. National activities. dents are helping to establish a new frame- cation with State reforms of academic prepa- ‘‘Sec. 203. National assessment. work for education reform, and States devel- ration in schools; ‘‘Sec. 204. National research center. oping school-to-work opportunity systems ‘‘(3) promote, in particular, the develop- ‘‘Sec. 205. Data systems. are helping to create opportunities for all ment of services and activities that inte- ‘‘Sec. 206. National Occupational Informa- students to participate in school-based, grate academic and occupational instruc- tion Coordinating Committee. work-based, and connecting activities lead- tion, link secondary and postsecondary edu- ‘‘Sec. 207. Career preparation education for ing to postsecondary education, further cation, and promote school-based and work- Indians and Native Hawaiians. learning, and first jobs in high-skill, high- based learning and connecting activities; ‘‘TITLE III—GENERAL PROVISIONS wage careers; ‘‘(4) increase State and local flexibility in ‘‘Sec. 301. Waivers. ‘‘(7) local, State, and national programs providing services and activities designed to ‘‘Sec. 302. Effect of Federal payments. supported under the Carl D. Perkins Voca- develop, implement, and improve career ‘‘Sec. 303. Maintenance of effort. tional and Applied Technology Education preparation education, including tech-prep ‘‘Sec. 304. Identification of State-imposed Act have assisted many students in obtain- education, and in integrating these services requirements. ing technical and academic skills and em- and activities with services and activities ‘‘Sec. 305. Out-of-State relocations. ployment, and technical preparation (tech- supported with other Federal, State, and ‘‘Sec. 306. Entitlement. prep) education has promoted the integra- local education and training funds in ex- ‘‘Sec. 307. Definitions. tion of academic and vocational education, change for clear accountability for results; reinforced and stimulated improvements in ‘‘(5) provide every student, including those ‘‘DECLARATION OF POLICY, FINDINGS, AND classroom instruction, and forged strong sec- who are members of special populations, PURPOSE ondary-postsecondary connections that serve with the opportunity to participate in the ‘‘SEC. 2. (a) DECLARATION OF POLICY.—The as a catalyst for the reform of vocational full range of career preparation education Congress declares it to be the policy of the education and the development of school-to- programs, services, and activities; United States that, in order to meet new work systems; ‘‘(6) integrate career guidance and coun- economic challenges brought about by tech- ‘‘(8) career preparation education increases seling into the educational processes, so that nology, increasing international economic its effectiveness and better enables every students are well prepared to make informed

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6995 education and career decisions, find employ- ‘‘(3) support the development and imple- ties conducted with assistance under this ment, and lead productive lives; and mentation of courses of study in broad occu- Act; ‘‘(7) benefit from national research, pro- pational clusters or industry sectors; ‘‘(4) promoting equity in secondary and gram development, demonstration, dissemi- ‘‘(4) effectively link secondary and postsec- postsecondary education and, to the max- nation, evaluation, capacity-building, data ondary education; imum extent possible, ensuring opportuni- collection, professional development, and ‘‘(5) provide students, to the extent pos- ties for all students, including students who technical assistance activities supporting sible, with strong experience in, and under- are members of special populations, to par- the development, implementation, and im- standing of, all aspects of an industry; ticipate in education activities that are free provement of career preparation education ‘‘(6) provide students with work-related ex- from sexual and other harassment and that programs, services, and activities. periences, such as internship, work-based lead to high-skill, high-wage careers; learning, school-based enterprises, entre- ‘‘AUTHORIZATION OF APPROPRIATIONS ‘‘(5) supporting tech-prep education activi- preneurship, and job-shadowing that link to ties, including, as appropriate, activities de- ‘‘SEC. 3. (a) PREPARING STUDENTS FOR CA- classroom learning; scribed under part B of this title; REERS.—(1) There are authorized to be appro- ‘‘(7) provide schoolsite and worksite men- ‘‘(6) improving and expanding career guid- priated to carry out part A of title I, relating toring; ance and counseling programs that assist to career preparation education, $1,064,047,000 ‘‘(8) provide instruction in general work- students to make informed education and ca- for the fiscal year 1998 and such sums as may place competences and instruction needed reer decisions; be necessary for each of the fiscal years 1999 for students to earn a skill certificate; ‘‘(7) improving and expanding the use of through 2002. ‘‘(9) provide career guidance and coun- technology in instruction; ‘‘(2) There are authorized to be appro- seling for students, including the provision ‘‘(8) supporting partnerships of local edu- priated to carry out part B of title I, relating of career awareness, exploration, and plan- cational agencies, institutions of higher edu- to technical preparation education, ning services, and financial aid information cation, and, as appropriate, other entities, $105,000,000 for the fiscal year 1998 and such to students and their parents; such as employers, labor organizations, par- sums as may be necessary for each of the fis- ‘‘(10) ensure continuing parent and em- ents, community-based organizations, and cal years 1999 through 2002. ployer involvement in program design and local workforce boards for enabling all stu- ‘‘(b) NATIONAL SUPPORT FOR STATE AND implementation; and dents, including students who are members LOCAL REFORMS.—From the amount appro- ‘‘(11) provide needed support services, such of special populations, to achieve to chal- priated for any fiscal year under subsection as mentoring, opportunities to participate in lenging State academic standards and indus- (a) the Secretary shall reserve— student organizations, tutoring, the modi- try-recognized skill standards; ‘‘(1) not more than 7 percent to carry out fication of curriculum, classrooms, and ‘‘(9) promoting the dissemination and use title II (except section 207, relating to career equipment, transportation, and child care. of occupational information and one-stop ca- preparation education for Indians and Native ‘‘STATE LEADERSHIP ACTIVITIES reer center resources; Hawaiians), of which not more than 2 per- ‘‘SEC. 102. (a) RESPONSIBLE AGENCY OR ‘‘(10) providing financial incentives or cent of the amount appropriated under sub- AGENCIES.—Any State desiring to receive a awards to one or more local recipients in rec- section (a) for any fiscal year after the fiscal grant under this part, as well as a grant ognition of exemplary quality or innovation year 2000 shall be available to carry out ac- under part B, shall, consistent with State in education services and activities, or exem- tivities under section 201, relating to awards law, designate an educational agency or plary services and activities for students for excellence; and agencies that shall be responsible for the ad- who are members of special populations, as (2) 1.75 percent to carry out activities ministration of services and activities under determined by the State through a peer re- under sections 207(b) and 207(c), relating to this Act, including— view process, using performance goals and career preparation education for Indians, and ‘‘(1) the development, submission, and im- indicators described in section 106 and any section 207(d), relating to career preparation plementation of the State plan; other appropriate criteria; education for Native Hawaiians. ‘‘(2) the efficient and effective performance ‘‘(11) supporting vocational student organi- ‘‘TITLE I—PREPARING STUDENTS FOR of the State’s duties under this Act; and zations, especially with respect to efforts to CAREERS ‘‘(3) consultation with other appropriate increase the participation of students who ‘‘PART A—CAREER PREPARATION EDUCATION agencies, groups, and individuals that are in- are members of special populations in such volved in the development and implementa- organizations; ‘‘CAREER PREPARATION EDUCATION; PRIORITIES tion of services and activities assisted under ‘‘(12) developing career preparation edu- ‘‘SEC. 101. (a) CAREER PREPARATION EDU- this Act, such as employers, industry, par- cation curricula that provide students with CATION.—(1) In order to enable every student ents, students, teachers, labor organizations, understanding in all aspects of the industry; to obtain the academic, technical, and other community-based organizations, State and and knowledge and skills that are needed to local elected officials, and local program ad- ‘‘(13) serving individuals in State institu- make a successful transition to postsec- ministrators, including the State agencies tions, such as State correctional institutions ondary education and a wide range of career responsible for activities under the State’s and institutions that serve individuals with and further learning, as well as support, to implementation grant under the School-to- disabilities. the maximum extent possible, the integra- Work Opportunities Act of 1994. ‘‘(c) SPECIAL POPULATIONS.—Any State tion of vocational education with broader ‘‘(b) IN GENERAL.—Each State that receives that receives a grant under this part shall— educational reforms underway in States and a grant under this part shall, from amounts ‘‘(1) work to eliminate bias and stereo- secondary and postsecondary schools, funds reserved for State leadership activities under typing in education at the secondary and under this part shall be used to support ca- section 109(c), conduct programs, services, postsecondary levels; reer preparation education programs, serv- and activities that further the development, ‘‘(2) disseminate data on the effectiveness ices, and activities. implementation, and improvement of career of career preparation education programs, ‘‘(2) As used in this Act, career preparation preparation education within the State and services, and activities in the State in meet- education programs, services, and activities that are integrated, to the maximum extent ing the educational and employment needs means those that— possible, with broader education reforms un- of women and students who are members of ‘‘(A) support the development, implemen- derway in the State, including such activi- special populations; tation, or improvement of State School-to- ties as— ‘‘(3) review proposed actions on applica- Work systems as set forth in title I of the ‘‘(1) providing comprehensive professional tions, grants, contracts, and policies of the School-to-Work Opportunities Act of 1994; or development (including initial teacher prep- State to help to ensure that the needs of ‘‘(B) otherwise prepare students for em- aration) for vocational, academic, career women and students who are members of ployment and further learning in technical guidance, and administrative personnel special populations are addressed in the ad- fields. that— ministration of this part; ‘‘(b) PRIORITIES.—In using funds under this ‘‘(A) will help such teachers and personnel ‘‘(4) recommend outreach and other activi- part, States and local recipients, as de- to meet the goals established by the State ties that inform women and students who scribed in section 105(a), shall give priority under section 106; and are members of special populations about to services and activities designed to— ‘‘(B) reflects the State’s assessment of its their education and employment opportuni- ‘‘(1) ensure that every student, including needs for professional development, as deter- ties; and those who are members of special popu- mined under section 2205(b)(2)(C) the Ele- ‘‘(5) advise local educational agencies, lations, has the opportunity to achieve a mentary and Secondary Education Act of postsecondary educational institutions, and combination of strong basic and advanced 1965, and is integrated with the professional other interested parties in the State on ex- academic skills, computer and other tech- development activities that the State carries panding career preparation opportunities for nical skills, theoretical knowledge, commu- out under title II of that Act; women and students who are members of nications, problem-solving, and other skills ‘‘(2) developing and disseminating cur- special populations and ensuring that the needed to meet challenging State academic ricula that are aligned, as appropriate, with needs of men and women in training for non- standards and industry-recognized skill challenging State academic standards and traditional jobs are met. standards; industry-recognized skill standards; ‘‘(d) STATE REPORT.—(1) The State shall ‘‘(2) promote the integration of academic ‘‘(3) monitoring and evaluating the quality annually report to the Secretary on the and vocational education; of, and improvement in, services and activi- quality and effectiveness of the programs,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6996 CONGRESSIONAL RECORD — SENATE July 8, 1997 services, and activities, provided through its ‘‘(A) the academic and technical skills edu- vision to an approved State plan under sub- grant under this part, as well as its grant cation, training and retraining needs of sec- section (a), the State shall submit revisions under part B, based on the performance goals ondary, adult, and postsecondary students, to the State plan to the Secretary after the and indicators and the expected level of per- including individuals who are members of State plan revisions have been approved by formance included in its State plan under special populations, that are necessary to the agencies responsible for approving the section 103(e)(2)(B). meet the projected skill demands of high- plan under subsection (b). ‘‘(2) The State report shall also— wage high-skill careers during the period of ‘‘LOCAL ACTIVITIES ‘‘(A) include such information, and in such the plan; and ‘‘SEC. 104. (a) GENERAL REQUIREMENTS.— form, as the Secretary may reasonably re- ‘‘(B) the capacity of programs, services, Each recipient of a subgrant under this part quire, in order to ensure the collection of and activities to meet those needs, taking shall— uniform data; and into account the priorities under section ‘‘(1) conduct career preparation education ‘‘(B) be made available to the public. 101(b) and the State’s performance goals programs, services and activities that fur- ‘‘STATE PLANS under section 106(a). ther student achievement of academic, tech- ‘‘SEC. 103. (a) IN GENERAL.—Any State de- ‘‘(2) The assessment shall also include— nical, and other knowledge and skills; siring to receive a grant under this part, as ‘‘(A) an analysis of the State’s performance ‘‘(2) provide services and activities that are well as a grant under part B, for any fiscal on its State and local standards and meas- of sufficient size, scope, and quality to be ef- year shall submit to, or have on file with, ures under Section 115 of the Carl D. Perkins fective; the Secretary a five year plan in accordance Vocational and Applied Technology Edu- ‘‘(3) give priority under this part to assist- with this section. The agency or agencies cation Act of 1990; and ing schools or campuses that serve the high- designated under section 102(a) may submit ‘‘(B) an identification of any provisions of est numbers or percentages of students who its State plan as part of a comprehensive the State plan that have been included based are members of special populations; and on that analysis. plan that may include State plan provisions ‘‘(4) promote equity in career preparation ‘‘(e) CONTENTS.—A State plan under sub- under the Goals 2000: Educate America Act, education and, to the maximum extent pos- the School-to-Work Opportunities Act of section (a) shall describe how the State will use funds under this part to— sible, ensure opportunities for every student, 1994, and section 14302 of the Elementary and including those who are members of special Secondary Education Act of 1965. Any State ‘‘(A) improve student achievement of aca- demic, technical, and other knowledge and populations, to participate in education ac- that receives an implementation grant under tivities that are free from sexual and other subpart B of title II of the School-to-Work skills and address the priorities described in section 101(b); harassment and that lead to high-skill, high- Opportunities Act of 1994 shall make the wage careers. plan that it submits or files under this sec- ‘‘(B) help ensure that every student, in- ‘‘(b) AUTHORIZED ACTIVITIES.—Each recipi- tion consistent with the approved plan for cluding those who are members of special populations, has the opportunity to achieve ent of a subgrant under this part may use which it received its implementation grant. funds to— ‘‘(b) APPROVALS.—(1) Notwithstanding the to challenging State academic standards and ‘‘(1) provide programs, services, and activi- designation of the responsible agency or industry-recognized skill standards and to be ties that promote the priorities described in agencies under section 102(a), the agencies prepared postsecondary education, further section 101(b), such as— that shall approve the State plan under sub- learning, and high-skill, high-wage careers; ‘‘(A) developing curricula and assessments section (a) are— ‘‘(C) further the State’s education reform ‘‘(A) the State educational agency; and efforts and school-to-work opportunities sys- that are aligned, as appropriate, with chal- ‘‘(B) the State agency responsible for com- tem; and lenging State academic standards, as well as munity colleges. ‘‘(D) carry out State leadership activities industry-recognized skill standards, and that ‘‘(2) The Secretary shall approve a State under section 102. integrate academic and vocational instruc- plan under subsection (a), or a revision to an ‘‘(2) A State plan under subsection (a) shall tion, school-based and work-based instruc- approved State plan, only if the Secretary also— tion and connecting activities, and sec- determines that it meets the requirements of ‘‘(A) describe how the State will integrate ondary and postsecondary level instruction; this section and the State’s performance its services and activities under this title ‘‘(B) acquiring and adapting equipment, in- goals and expected level of performance with the broad education reforms in the cluding instructional aids; under subsection (e)(2)(B) are sufficiently State and with relevant employment, train- ‘‘(C) providing professional development rigorous as to meet the purpose of this Act ing, technology, and welfare programs car- activities, including such activities for and to allow the Department of Education to ried out in the State; teachers, mentors, counselors, and adminis- make progress toward its performance objec- ‘‘(B) include a statement, expressed in trators, and board members; tives and indicators established under the terms of the performance indicators pub- ‘‘(D) providing services, directly or Government Performance and Results Act. lished by the Secretary under section 106(b), through community-based or other organiza- The Secretary shall establish a peer review and any other performance indicators the tions, that are needed to meet the needs of process to make recommendations regarding State may choose, of the State’s perform- students who are members of special popu- approval of the State plan and revisions to ance goals established under section 106(a) lations, such as mentoring, opportunities to the plan. The Secretary shall not finally dis- and the level of performance the State ex- participate in student organizations, tutor- approve a State plan before giving the State pects to achieve in progressing toward its ing, curriculum modification, equipment reasonable notice and an opportunity for a performance goals during the life of the modification, classroom modification, sup- hearing. State plan; portive personnel, instructional aids and de- ‘‘(c) CONSULTATION.—(1) In developing and ‘‘(C) describe how the State will ensure vices, guidance, career information, English implementing its plan under subsection (a), that the data reported to it from its local re- language instruction, transportation, and and any revisions under subsection (g), the cipients under this Act and the data it re- child care; designated agency or agencies under section ports to the Secretary are complete, accu- ‘‘(E) supporting tech-prep education serv- 102(a) shall consult widely writhe employers, rate, and reliable; ices and activities, career academies, and labor organizations, parents, and other indi- ‘‘(D) describe how the State will provide public charter, pilot, or magnet schools that viduals, agencies,. and organizations in the incentives or rewards for exemplary pro- have a career focus; State that have an interest in education and grams, services, or activities under this Act, ‘‘(F) carrying out activities that ensure ac- training, including the State agencies re- if the State elects to implement the author- tive and continued involvement of employ- sponsible for activities under the State’s im- ity under section 102(b)(10); ers, parents, local workforce boards, and plementation grant under the School-to- ‘‘(E) describe how funds will be allocated labor organizations in the development, im- Work Opportunities Act of 1994, as well as in- and used at the secondary and postsecondary plementation, and improvement of a career dividuals, employers, and organizations that level, the consortia that will be formed preparation education in the State, such as have an interest in education and training among secondary and postsecondary school support for local school-to-work partnerships for students who are members of special pop- and institutions, and how funds will be allo- and intermediary organizations that support ulations. cated to such consortia; and activities that link school and work; ‘‘(2) The designated agency or agencies ‘‘(F) be made available to the public. ‘‘(G) assisting in the reform of secondary under section 102(a) shall submit the State ‘‘(f) ASSURANCES.—A State plan under sub- schools, including schoolwide reforms and plan under this section, and any revisions to section (a) shall contain assurances that the schoolwide programs authorized under sec- the State plan under subsection (g), to the State will— tion 1114 of the Elementary and Secondary Governor for review and comment, and shall ‘‘(1) comply with the requirements of this Education Act of 1965; ensure that any comments the Governor Act and the provisions of the State plan; and ‘‘(H) supporting vocational student organi- may have are included with the State plan or ‘‘(2) provide for the fiscal control and fund zations, especially with respect to efforts to revision when the plan or revision is sub- accounting procedures that may be nec- increase the participation of students who mitted to the Secretary. essary to ensure the proper disbursement of, are members of special populations in such ‘‘(d) ASSESSMENT.—The State plan under and accounting for, funds paid to the State organizations; subsection (a), and any revisions to the State under this Act. ‘‘(I) providing assistance to students who plan under subsection (a), shall be based ‘‘(g) REVISIONS.—When changes in condi- have participated in services and activities upon a recent objective assessment of— tions or other factors require substantial re- under this Act in finding an appropriate job

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6997 and continuing their education and training; section 109(c) to evaluate its entire career subgrant under this part is not making sub- and preparation education program in secondary stantial progress in achieving the purpose of ‘‘(J) developing and implementing perform- and postsecondary schools and to carry out this Act in accordance with the priorities de- ance management systems and evaluations; activities under paragraph (1). scribed in section 101(b), the State shall and ‘‘(b) PERFORMANCE INDICATORS.—(1) After work jointly with the recipient to develop a ‘‘(2) carry out other services and activities consultation with the Secretary of Labor, plan, in consultation with teachers, coun- that meet the purposes of this Act. States, local educational agencies, institu- selors, parents, students, employers, and ‘‘(c) EQUIPMENT.—Equipment acquired or tions of higher education, representatives of labor organizations, for improvement for adapted with funds under this part may be business and industry, and other interested succeeding school years. If, after not more used for other instructional purposes when parties, the Secretary shall publish in the than 2 years of implementation of the im- not being used to carry out this part if such Federal Register performance indicators (in- provement plan, the State determines that acquisition or adaptation is reasonable and cluding the definition of relevant terms and the local recipient is not making sufficient necessary for providing services or activities appropriate data collection methodologies) progress, the State shall take whatever cor- under this part and such other use is inci- described in paragraph (2) that State and rective action it deems necessary, consistent dental to, does not interfere with, and does local recipients shall use in measuring or as- with State law. The State shall take correc- not add to the cost of, the use of such equip- sessing progress toward achieving the tive action only after it has provided tech- ment under this part. State’s performance goals under subsection nical assistance to the recipient and shall ‘‘LOCAL APPLICATIONS (a). ensure that any corrective action it takes al- ‘‘SEC. 105. (a) ELIGIBILITY.—Schools and ‘‘(2) The Secretary shall publish perform- lows for continued career preparation edu- other institutions or agencies eligible to ance indicators for programs, services, and cation services and activities for the recipi- apply, individually or as consortia, to a activities under this Act in the following ent’s students. State for a subgrant under this part are— areas: ‘‘(c) TECHNICAL ASSISTANCE.—If the Sec- ‘‘(1) local educational agencies; ‘‘(A) achievement to challenging State retary determines that the State is not prop- ‘‘(2) area vocational education schools; academic standards, such as those estab- erly implementing its responsibilities under ‘‘(3) intermediate educational agencies; lished under Goals 2000: Educate America subsection (b), or is not making substantial ‘‘(4) institutions of higher education; and Act, and industry-recognized skill standards; progress in meeting the purpose of this Act ‘‘(5) postsecondary educational institutions ‘‘(B) receipt of a high school diploma, skill or carrying out services and activities under controlled by the Bureau of Indian Affairs or certificate, and postsecondary certificate or this part that are in accord with the prior- operated by, or on behalf of, any Indian tribe degree; ities described in section 101(b), based on the that is eligible to contract with the Sec- ‘‘(C) job placement, retention, and earn- performance goals and indicators and ex- retary of the Interior for the administration ings, particularly in the student’s field of pected level of performance included in its of programs under the Indian Self-Deter- study; and State plan under section 103(e)(2)(B), the mination Act or the Act of April 16, 1934. ‘‘(D) such other indicators as the Secretary Secretary shall work with the State to im- ‘‘(b) APPLICATION REQUIREMENTS.—Any ap- determines. plement improvement activities. plicant that is eligible under subsection (a) ‘‘(c) TRANSITION.—A State shall use the ‘‘(d) WITHHOLDING OF FEDERAL FUNDS.—If, and that desires to receive a subgrant under performance goals and indicators established after a reasonable time, but not earlier than this part shall, according to requirements es- under subsections (a) and (b) not later than one year after of implementation of the im- tablished by the State, submit an applica- July 1, 1999. In order to provide a transition provement activities described in subsection tion to the agency or agencies designated for State evaluation activities, each State (c), the Secretary determines that the State under section 102(a). In addition to including receiving funds under this title shall use the is not making sufficient progress, based on such information as the State may require system of standards and measures the State the performance goals and indicators and ex- and identifying the results the applicant developed under section 115 of the Carl D. pected level of performance included in its seeks to achieve, each application shall also Perkins Vocational and Applied Technology State plan under section 103(e)(2)(B), the describe how the applicant will use funds Education Act as in effect prior to the enact- Secretary shall, after notice and opportunity under this part to— ment of this Act during the period that the for a hearing, withhold from the State all, or ‘‘(1) develop, improve, or implement career State is establishing performance goals a portion, of the State’s allotment under this preparation education programs, services, or under subsection (a). part. The Secretary may use funds withheld activities in secondary schools and postsec- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- under the preceding sentence to provide, ondary institutions and address the prior- retary shall provide technical assistance to through alternative arrangements, services ities described in section 101(b), in accord- the States regarding the development of the and activities within the State that meet the ance with section 103; State’s performance goals under subsection purpose of this Act and are in accord with ‘‘(2) evaluate progress toward the results it (a), as well as use of uniform national per- the priorities described in section 101(b). seeks to achieve, consistent with the per- formance data. The Secretary may use funds formance goals and indicators established ‘‘ALLOTMENTS appropriated for title II to provide technical under section 106; ‘‘SEC. 108. (a) ALLTOMENT TO STATES FOR assistance under this section. ‘‘(3) coordinate its services and activities CAREER PREPARATION EDUCATION.—Subject with related services and activities offered ‘‘EVALUATION, IMPROVEMENT AND to subsection (b), from the remainder of the by community-based organizations, employ- ACCOUNTABILITY sums available for this part, the Secretary ers, and labor organizations, and, to the ex- SEC. 107. (a) LOCAL EVALUATION.—(1) Each shall allot to each State for each fiscal tent possible, integrate its services and ac- recipient of a subgrant under this part year— tivities under this title with broad edu- shall— ‘‘(1) an amount that bears the same ratio cational reforms in the State and with rel- ‘‘(A) annually evaluate, using the perform- to 50 percent of the sum being allotted as the evant employment, training, and welfare ance goals and indicators described in sec- product of the population aged 15 to 19, in- programs carried out in the State; and tion 106, and report to the State regarding, clusive, in the State in the fiscal year pre- ‘‘(4) consult with students, their parents, its use of funds under this part to develop, ceding the fiscal year for which the deter- employers, and other interested individuals implement, or improve its career prepara- mination is made and the State’s allotment or groups (including labor organizations and tion education program, services, and activi- ratio bears to the sum of the corresponding organizations representing special popu- ties; and products for all the States; and lations), in developing their services and ac- ‘‘(B) biennially evaluate, and report to the ‘‘(2) an amount that bears the same ratio tivities. State regarding the effectiveness of its pro- to 50 percent of the sum being allotted as the ‘‘PERFORMANCE GOALS AND INDICATORS grams, services, and activities under this product of the population aged 20 to 24, in- ‘‘SEC. 106. (a) PERFORMANCE GOALS.—(1) part in achieving the priorities described in clusive, in the State in the fiscal year pre- Any State desiring to receive a grant under section 101(b), including the participation, ceding the fiscal year for which the deter- this part, as well as under part B, in con- progress, and outcomes of students who are mination is made and the State’s allotment sultation with employers, parents, labor or- members of special populations. ratio bears to the sum of the corresponding ganizations, and other individuals, agencies, ‘‘(2) Such recipient may evaluate portions products for all the States. and organizations in the State that have an of its entire career preparation education ‘‘(b) HOLD-HARMLESS AMOUNTS.—(1) Not- interest in education and training, shall— program, including portions that are not withstanding any other provision of law and ‘‘(A) establish performance goals to define supported under this part. If such recipient subject to paragraph (2), for fiscal year 1998 the level of performance to be achieved by does so, it need not evaluate separately that no State shall receive an allotment for serv- students served under this title and to evalu- portion of its entire career preparation edu- ices and activities authorized under this part ate the quality and effectiveness of pro- cation program supported with funds under that is less than 90 percent of the sum of the grams, services, and activities under this this part. payments made to the State for fiscal year title; and ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State 1997 for programs authorized by title II of ‘‘(B) express such goals in an objective, determines, based on the local evaluation the Carl D. Perkins Vocational and Applied quantifiable, and measurable form. conducted under subsection (a) and applica- Technology Education Act, and for fiscal ‘‘(2) Any State may also use amounts it re- ble performance goals and indicators estab- years 1998 through 2002 no State shall receive ceives for State leadership activities under lished under section 106, that a recipient of a for services and activities authorized under

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6998 CONGRESSIONAL RECORD — SENATE July 8, 1997 this part an allotment that is less than 90 applications for subgrants under this part ‘‘(2) For the purposes of this subsection— percent of its allotment under this part for and part B, supporting activities to ensure ‘‘(A) the term ‘eligible institution’ means— the preceding fiscal year. the active participation of interested indi- ‘‘(i) an institution of higher education; ‘‘(2) If for any fiscal year the amount ap- viduals and organizations, and ensuring com- ‘‘(ii) a local educational agency providing propriated for services and activities author- pliance with all applicable Federal laws. education at the postsecondary level; ized under this part and available for allot- ‘‘(2) Each State shall match, from non-Fed- ‘‘(iii) an area vocational education school ment under this section is insufficient to eral sources and on a dollar-for-dollar basis, providing education at the postsecondary satisfy the provisions of paragraph (1), the the funds used for State administration level; and Secretary shall ratably reduce the payments under paragraph (1). ‘‘(iv) a postsecondary educational institu- to all States for such services and activities ‘‘(c) STATE LEADERSHIP.—The State shall tion controlled by the Bureau of Indian Af- as necessary. use the remainder of its grant under section fairs or operated by or on behalf of any In- ‘‘(3) Notwithstanding any other provision 108(e) for each fiscal year for State leader- dian tribe that is eligible to contract with of law, the allotment for this part for each of ship activities described in section 102. the Secretary of the Interior of the adminis- American Samoa, Guam, the Northern Mar- ‘‘(d) DISTRIBUTION OF PART A FUNDS AT THE tration of programs under the Indian Self- iana Islands, and the Virgin Islands shall not SECONDARY LEVEL.—(1) Except as provided in Determination Act or the Act of April 16, be less than $200,000. subsections (f), (g), and (h), each State shall, 1934; and each fiscal year, distribute to local edu- ‘‘(B) the term ‘Pell Grant recipient’ means ‘‘(c) ALLOTMENT RATIO.—the allotment a recipient of financial aid under subpart 1 of ratio of any State shall be 1.00 less the prod- cational agencies, or consortia of such agen- part A of title IV of the Higher Education uct of— cies, within the State funds under this part Act of 1965. ‘‘(1) 0.50; and available for secondary level education pro- ‘‘(3) An eligible institution may use funds ‘‘(2) the quotient obtained by dividing the grams, services, and activities that are con- distributed in accordance with paragraph (1) per capita income for the State by the per ducted in accordance with the priorities de- scribed in section 101(b). Each local edu- to provide postsecondary level services and capita income for all the States (exclusive of cational agency or consortium shall be allo- activities for students enrolled in a career American Samoa, Guam, Puerto Rico, the cated an amount that bears the same rela- preparation education program that exceeds Northern Mariana Islands, and the Virgin Is- tionship to the amount available as the two years through a written articulation lands), except that— amount that the local educational agency or agreement between the eligible institution ‘‘(A) the allotment ratio shall in no case be consortium was allocated under subpart 2 of and the administrators of that program. more than 0.60 or less than 0.40; and part A of title I of the Elementary and Sec- ‘‘(f) ALTERNATIVE PART A DISTRIBUTION ‘‘(B) the allotment ratio for American ondary Education Act of 1965 in the pre- FORMULA.—The State may distribute funds Samoa, Guam, Puerto Rico, the Northern ceding fiscal year bears to the total amount under subsection (d) or (e) using an alter- Mariana Islands, and the Virgin Islands shall received under such subpart by all the local native formula if the State demonstrates to be 0.60. educational agencies in the State in such fis- the Secretary’s satisfaction that— ‘‘(d) REALLOTMENT.—If the Secretary deter- cal year. ‘‘(1) the alternative formula better meets mines that any amount of any State’s allot- ‘‘(2) In applying the provisions of para- the purposes of this Act; ment under subsection (a) for any fiscal year graph (1), the State shall— ‘‘(2) the alternative formula is in accord will not be required for carrying out the ‘‘(A) distribute those funds that, based on with the priorities described in section services and activities for which such the distribution formula under paragraph (1), 101(b);and amount has been allotted, the Secretary would have gone to a local educational agen- ‘‘(3)(A) the formula described in subsection shall make such amount available for real- cy serving only elementary schools, to the (d) or (e) does not result in a distribution of lotment to one or more other States. Any local educational agency that provides sec- funds to the eligible recipients or consortia amount reallotted to a State under this sub- ondary school services to secondary school that have the highest numbers or percent- section shall be deemed to be part of its al- students in the same attendance area; ages of economically disadvantaged stu- lotment for the fiscal year in which it is ob- ‘‘(B) distribute to a local educational agen- dents, as described in subsection (j); and ligated. cy that has jurisdiction over secondary ‘‘(B) the alternative formula would result ‘‘(e) STATE GRANTS.—(1) From the State’s schools, but not elementary schools, funds in such a distribution. allotment under subsection (a), the Sec- based on the number of students that en- ‘‘(g) MINIMUM SUBGRANT AMOUNTS.—(1)(A) retary shall make a grant for each fiscal tered such secondary schools in the previous Except as provided in subparagraph (B), no year to each State that has an approved year from the elementary schools involved; local educational agency shall be eligible for State plan under section 103. and a subgrant under this part unless the amount ‘‘(2) The Secretary may promulgate regula- ‘‘(C) distribute funds to an area vocational allocated to that agency under subsection (c) tions with regard to indirect cost rates that education school or intermediate edu- or (d) equals or exceeds $15,000. may be used for grants and subgrants award- cational agency in any case in which— ‘‘(B) The State may waive the requirement ed under this title. ‘‘(i) the area vocational education school in subparagraph (A) in any case in which the ‘‘(f) DEFINITIONS AND DETERMINATIONS.— or intermediate educational agency and the local educational agency— For purposes of this section— local educational agency or agencies con- ‘‘(i) enters into a consortium with one or ‘‘(1) allotment ratios shall be computed on cerned have an agreement to use such funds more other local educational agencies to the basis of the average of the appropriate to provide services and activities in accord- provide services and activities conducted in per capita incomes for the 3 most recent con- ance with the priorities described in section accordance with the priorities described in secutive fiscal years for which satisfactory 101; and section 101(b) and the aggregate amount allo- data are available; ‘‘(ii) the area vocational education school cated and awarded to the consortium equals ‘‘(2) the term ‘per capita income’ means, or intermediate educational agency serves or exceeds $15,000; or with respect to a fiscal year, the total per- an equal or greater proportion of students ‘‘(ii) is located in a rural, sparsely-popu- sonal income in the calendar year ending in with disabilities or economically disadvan- lated area and demonstrates that the agency such year, divided by the population of the taged students than the proportion of these is unable to enter into a consortium for the area concerned in such year, and students under the jurisdiction of the local purpose of providing services and activities ‘‘(3) population shall be determined by the educational agencies sending students to the conducted in accordance with the priorities Secretary on the basis of the latest esti- area vocational education school. described in section 101(b), but that the agen- ‘‘(e) DISTRIBUTION OF PART A FUNDS AT THE mates available to the Department that are cy is able to provide services and activities POSTSECONDARY LEVEL.—(1) Except as pro- satisfactory to the Secretary. that meet the purposes of this Act. vided in subsections (f), (g), and (h), each ‘‘(2)(A) Except as provided in subparagraph ‘‘WITHIN-STATE ALLOCATION AND DISTRIBUTION State shall, each fiscal year, distribute to el- (B), no eligible institution shall be eligible OF FUNDS igible institutions, or consortia of such insti- for a subgrant under this part unless the ‘‘SEC. 109. (a) IN GENERAL.—(1) For each of tutions, within the State funds under this amount allocated to that institution under the fiscal years 1998 and 1999, the State shall part available for postsecondary level serv- subsection (d) or (e) equals or exceeds $50,000. award as subgrants to eligible recipients ices and activities that are conducted in ac- ‘‘(B) The State may waive the requirement under section 105(a) at least 80 percent of its cordance with the priorities described in sec- in subparagraph (A) in any case in which the grant under section 108(e) for that fiscal tion 101(b). Each such eligible institution or eligible institution— year. consortium shall be allocated an amount ‘‘(i) enters into a consortium with one or ‘‘(2) For each of the fiscal years 2000 that bears the same relationship to the more other eligible institutions to provide through 2002, the State shall award as sub- amount of funds available as the number of services and activities conducted in accord- grants to eligible recipients under section Pell Grant recipients and recipients of as- ance with the priorities described in section 105(a) at least 85 percent of its grant under sistance from the Bureau of Indian Affairs 101 and the aggregate amount allocated and section 108(e) for that fiscal year. enrolled in the preceding fiscal year by such awarded to the consortium equals or exceeds ‘‘(b) STATE ADMINISTRATION.—(1) The State institution or consortium in a career prepa- $50,000; or may use an amount not to exceed 5 percent ration education programs that does not ex- ‘‘(ii) is a tribally controlled community of its grant under section 108(e) for each fis- ceed two years bears to the number of such college. cal year for administering its State plan, in- recipients enrolled in such programs within ‘‘(h) PART A SECONDARY-POSTSECONDARY cluding developing the plan, reviewing local the State in such fiscal year. CONSORTIA.—The State may distribute funds

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S6999 available for part A in any fiscal year for least one postsecondary educational institu- ‘‘(A) use funds under this part to develop, secondary and postsecondary level services tion; and improve, or implement a tech-prep education and activities, as applicable, to one or more ‘‘(B) that displays strong, comprehensive program; local educational agencies and one or more institutional links within the consortium. ‘‘(B) evaluate progress toward the results eligible institutions that enter into a consor- ‘‘STATE LEADERSHIP RESPONSIBILITIES it seeks to achieve, consistent with the per- tium in any case in which— ‘‘SEC. 112. (a) IN GENERAL.—Each State formance goals and indicators established ‘‘(1) the consortium has been formed to that receives a grant under this part may under section 106; provide services and activities conducted in use funds reserved for leadership activities ‘‘(C) coordinate its services and activities accordance with the priorities described in under section 109(c) to conduct services and with related services and activities offered section 101(b); and activities that further the development, im- by community-based organizations, employ- ‘‘(2) the aggregate amount allocated and plementation, and improvement of tech-prep ers, and labor organizations, and, to the ex- awarded to the consortium under subsections education programs throughout the State in tent possible, integrate its services and ac- (a), (b), and (c) equals or exceeds $50,000. accordance with the purposes of this Act. tivities under this part with career prepara- ‘‘(i) REALLOCATIONS.—The State shall re- ‘‘(b) STATE PLAN.—Any State desiring to tion education programs, services, and ac- allocate to one or more local educational receive a grant under this part for any fiscal tivities, broad education reforms, and rel- agencies, eligible institutions, and consortia year shall— evant employment, training, and welfare any amounts that are allocated in accord- ‘‘(1) have an approved State plan under sec- programs carried out in the State; and ance with subsections (d) through (f), but tion 103 for that fiscal year; and ‘‘(D) consult with students, their parents, that would not be used by a local edu- ‘‘(2) include in such plan— and other interested individuals or groups cational agency or eligible institution, in a ‘‘(A) a description of how the State will use (including employers and labor organiza- manner the State determines will best serve funds under this part only to make competi- tions), in developing their services and ac- the purpose of this Act and be in accord with tive subgrants to consortia to conduct serv- tivities. the priorities described in section 101(b). ices and activities that further the develop- ‘‘(2) A consortium may submit its applica- ‘‘(j) ECONOMICALLY DISADVANTAGED STU- ment, implementation, and improvement of tion as part of the application for funds DENTS.—For the purposes of this section, the tech-prep education programs throughout under part A of this title. State may determine the number of eco- the State in accordance with the purposes of ‘‘(c) APPROVAL AND SPECIAL CONSIDER- nomically disadvantaged students on the this Act; and ATION.—(1) The agency or agencies des- basis of— ‘‘(B) a description of how tech-prep edu- ignated under section 102(a) shall approve ap- ‘‘(1) eligibility for free or reduced-price cation programs under this part will relate plications based on their potential to create meals under the National School Lunch Act to, and be integrated with, the career prepa- an effective tech-prep education program as or for assistance under part A of title IV of ration education programs, services, and ac- described in section 111. the Social Security Act; tivities supported in the State under part A ‘‘(2) The designated agency or agencies ‘‘(2) the number of children counted for al- of this title. shall give special consideration to applica- location purposes under title I of the Ele- ‘‘(c) STATE REPORT.—Any State that re- tions that— mentary and Secondary Education Act of ceives a grant under this part shall annually ‘‘(A) provide for effective employment 1965; or report to the Secretary on the quality and placement activities and for the transfer of ‘‘(3) any other index of disadvantaged eco- effectiveness of its services and activities students to 4-year baccalaureate degree pro- nomic status if the State demonstrates to provided under the grant, based on the per- grams; the satisfaction of the Secretary that the formance goals and indicators, as appro- ‘‘(B) are developed in consultation with index is more representative of the number priate, established under section 106. Such business, industry, labor organizations, and of low-income students than the indices de- report shall be part of the report that the institutions of higher education that award scribed in paragraphs (1) and (2). State submits in accordance with section bachelor’s degrees; ‘‘PART B—TECH-PREP EDUCATION 102(d). ‘‘(C) address effectively the needs of special ‘‘PROGRAM ELEMENTS ‘‘LOCAL ACTIVITIES populations; and ‘‘SEC. 111. Funds under this part shall be ‘‘SEC. 113. (a) GENERAL AUTHORITY.—Each ‘‘(D) demonstrate the use of tech-prep edu- used only to develop, implement, and im- recipient of a subgrant under this part shall cation programs as a primary strategy for prove tech-prep education programs that— use such funds to develop, implement, or im- systemic educational reform. ‘‘(1) include— prove a tech-prep education program de- ‘‘EVALUATION, IMPROVEMENT AND ‘‘(A) a non-duplicative sequence of study, scribed in section 111. ACCOUNTABILITY with a common core of required proficiency ‘‘(b) ADDITIONAL ACTIVITIES.—A recipient ‘‘SEC. 115. (a) LOCAL EVALUATION.—(1) Each in mathematics, science, communications, of a subgrant under this part may use such recipient of a subgrant under this part and technology, consisting of at least 2 years funds to— shall— of secondary school preceding graduation ‘‘(1) acquire tech-prep education program ‘‘(A) annually evaluate, using the perform- and leading to an associate degree, an indus- equipment, subject to subsection (c); and ance goals and indicators described in sec- try-recognized skill certificate, completion ‘‘(2) obtain technical assistance from State tion 106, as appropriate, and report to the of a registered apprenticeship program, or a or local entities that have successfully de- State regarding, its use of funds under this bachelor’s degree in a specific career field; signed, established, and operated tech-prep part to develop, implement, or improve tech- ‘‘(B) an integrated academic and technical programs. prep education programs described under curriculum appropriate to the needs of the ‘‘(c) EQUIPMENT.—Equipment acquired or section 111; and students enrolled in the secondary schools adapted with funds under this part may be ‘‘(B) biennially evaluate and report to the and postsecondary education institutions used for other instructional purposes when State regarding, the effectiveness of its serv- participating in a consortium. not being used to carry out this part if such ‘‘(C) curriculum and professional develop- ices and activities supported under this part acquisition or adaptation is reasonable and in achieving the purposes of this Act, includ- ment to— necessary for providing services or activities ‘‘(i) train academic, vocational, and tech- ing the progress of students who are mem- under this part and such other use is inci- bers of special populations. nical teachers to use strategies and tech- dental to, does not interfere with, and does niques effectively to support tech-prep edu- ‘‘(2) Such recipient may evaluate portions not add to the cost of, the use of such equip- of its entire tech-prep education program, cation; and ment under this part. ‘‘(ii) train counselors to advise students ef- including portions that are not supported ‘‘LOCAL APPLICATIONS fectively, and to help ensure that students under this part. If such recipient does so, it successfully complete their tech-prep edu- ‘‘SEC. 114. (a) ARTICULATION AGREEMENT.— need not evaluate separately that portion of cation and enter into appropriate employ- A consortium that desires to receive a its entire tech-prep education program sup- ment; subgrant under this part shall submit to the ported with funds under this part. ‘‘(D) preparatory services, including out- agency or agencies designated under section ‘‘(b) IMPROVEMENT ACTIVITIES.—If a State reach, career counseling, assessment, and 102(a) a written articulation agreement determines, based on the local evaluation testing, that assist students to enter into among the consortium participants that de- conducted under subsection (a) and applica- tech-prep education, as well as career aware- scribes each participant’s role in carrying ble performance goals and indicators estab- ness, exploration, and planning activities out the tech-prep education program. lished under section 106, that a recipient of a that help students in tech-prep education to ‘‘(b) APPLICATION REQUIREMENT.—(1) A con- subgrant under this part is not making sub- make informed choices; sortium that desires to receive a subgrant stantial progress in achieving the purpose of ‘‘(E) equal access for students who are under this part shall, according to require- this Act, the State shall work jointly with members of special populations; and ments established by the State, submit an the recipient to develop a plan, in consulta- ‘‘(F) work-based learning opportunities, for application to the agency or agencies des- tion with teachers, parents, and students, for both students and educators, that are tied to ignated under section 102(a). In addition to improvement for succeeding school years. If, the tech-prep curriculum; and including such information as the State may after not more than 2 years of implementa- ‘‘(2) are conducted by a consortium— require and identifying the results the con- tion of the improvement plan, the State de- ‘‘(A) of at least one public secondary sortium seeks to achieve, each application termines that the recipient is not making school or local educational agency and at shall also describe how the consortium will— sufficient progress, the State shall take

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7000 CONGRESSIONAL RECORD — SENATE July 8, 1997 whatever corrective action it deems nec- ‘‘(2) implemented exemplary career prepa- contracts, or cooperative agreements, sup- essary, consistent with State law. The State ration education programs, services, or ac- port professional development activities for shall take corrective action only after it has tivities in secondary and postsecondary educators (including teachers, administra- provided technical assistance to the recipi- schools in accordance with the priorities de- tors, counselors, mentors, and board mem- ent and shall ensure that any corrective ac- scribed in section 101(b); or bers) to help to ensure that all students re- tion it takes allows for continued tech-prep ‘‘(3) provided exemplary career preparation ceive an education that prepares them for services and activities for the recipient’s education programs, services, or activities postsecondary education, further learning, students. for students who are members of special pop- and high-skill, high-wage careers. ‘‘(c) TECHNICAL ASSISTANCE.—If the Sec- ulations. ‘‘(2)(A) Professional development activities retary determines that the State is not prop- ‘‘NATIONAL ACTIVITIES supported under this subsection shall— erly implementing its responsibilities under ‘‘(i) be tied to challenging State academic ‘‘SEC. 202. (a) GENERAL AUTHORITY.—(1) In subsection (b), or is not making substantial standards and industry-recognized skill order to carry out the purpose of this Act, progress in meeting the purpose of this Act, standards; the Secretary may, directly or through based on the performance goals and indica- ‘‘(ii) take into account recent research on grants, contracts, or cooperative agree- tors and expected level of performance in- teaching and learning; ments, carry out research, development, dis- cluded in its State plan under section ‘‘(iii) be of sufficient intensity and dura- semination, evaluation, capacity-building, 103(e)(2)(B), the Secretary shall work with tion to have a positive and lasting impact on and technical assistance activities in accord the State to implement improvement activi- the educator’s performance; ties. with the purposes of this Act, such as activi- ‘‘(iv) include strong academic and tech- ‘‘(d) WITHHOLDING OF FEDERAL FUNDS.—If, ties relating to— nical skills content and pedagogical compo- ‘‘(A) challenging State academic standards after a reasonable time, but not earlier than nents; and one year after of implementation of the im- and industry-recognized skill standards, in- ‘‘(v) be designed to improve educators’ provement activities described in subsection cluding curricula and assessments aligned skills in such areas as integrating academic (c), the Secretary determines that the State with such standards; and vocational instruction, articulating sec- is not making sufficient progress, based on ‘‘(B) the improvement in academic, tech- ondary and postsecondary education, com- the performance goals and indicators and ex- nical, communications and other skills of bining school-based and work-based instruc- pected level of performance included in its students participating in career preparation tion and connecting activities, using occupa- State plan under section 103(e)(2)(B), the education; tional and career information, computer lit- ‘‘(C) best practices in career preparation Secretary shall, after notice and opportunity eracy, innovative uses of educational tech- education, including curricula, assessments, for a hearing, withhold from the State all, or nology, and all aspects of an industry. a portion, of the State’s allotment under this and supportive services; ‘‘(B) Funds under this subsection may be ‘‘(D) effective career guidance and coun- part. The Secretary may use funds withheld used for such activities as pre-service and in- seling practices, including the identification under the preceding sentence to provide, service training, including internships at of components of such programs that meet through alternative arrangements, tech-prep employer sites, training of work-site super- services and activities within the State that the career preparation education needs of visors, and support for development of local, meet the purpose of this Act. students; regional, and national educator networks ‘‘(E) the use of community- and work- ‘‘ALLOTMENT AND DISTRIBUTION that facilitate the exchange of information based learning, job shadowing, internships, ‘‘SEC. 116. (a) ALLOTMENT TO STATES FOR relevant to the development of career prepa- entrepreneurship, and school-based enter- TECH-PREP EDUCATION.—(1) From the ration education programs. prises to further academic and technical amount appropriated for this part under sec- ‘‘(3) In supporting activities under this skills development; tion 3(a)(2) for each fiscal year, the Sec- subsection, the Secretary shall give priority ‘‘(F) the use of technology, including dis- retary shall allot funds to each State for pro- to designing and implementing new models tance learning, to enhance learning; grams under this part based on the ratio that of professional development for educators, ‘‘(G) the preparation of students for new its allotment under section 108 bears to the and preparing educators to use innovative and advanced technologies and industries, sum of State allotments under part A for forms of instruction, such as worksite learn- such as information technology and tele- that fiscal year. ing and the integration of academic and vo- communications, biotechnology, and robot- ‘‘(2) From the State’s allotment under cational instruction. paragraph (1), the Secretary shall make a ics; grant for each fiscal year to each State that ‘‘(H) enhancing employer-school partner- ‘‘NATIONAL ASSESSMENT has an approved State plan in accordance ships; ‘‘SEC. 203. (a) GENERAL AUTHORITY.—(1) The with section 112(b). ‘‘(I) the development of effective perform- Secretary shall conduct a national assess- ‘‘(b) REALLOTMENT.—If the Secretary deter- ance management systems; ment of services and activities assisted mines that any amount of any State’s allot- ‘‘(J) the creation of innovative learning en- under this Act, through independent studies ment under subsection (a) for any fiscal year vironments with a career focus, such as ca- and analyses, including, when appropriate, will not be required for carrying out the reer academies, and public charter, magnet, studies based on data from longitudinal sur- tech-prep education services and activities and pilot schools; veys, that are conducted through one or for which such amount has been allotted, the ‘‘(K) ‘‘whole school’’ reforms, in which all more competitive awards. Secretary shall make such amount available students are expected to gain academic and ‘‘(2) The Secretary shall appoint an inde- for reallotment to one or more other States computer and other technical skills, and be pendent advisory panel, consisting of admin- to support tech-prep education services and prepared for postsecondary education and ca- istrators, educators, researchers, and rep- activities. Any amount reallotted to a State reer opportunities; and resentatives of employers, parents, coun- under this subsection shall be deemed to be ‘‘(L) improvements in technical education selors, students, special populations, labor, part of its allotment for the fiscal year in at the postsecondary level. and other relevant groups, as well as rep- which it is obligated. ‘‘(2) The Secretary shall coordinate activi- resentatives of Governors and other State ‘‘(c) DISTRIBUTION OF FUNDS.—From the ties carried out under this section with re- and local officials, to advise the Secretary amount made available to each State under lated activities under the School-to-Work on the implementation of such assessment, subsection (a)(2), the State agency or agen- Opportunities Act of 1994, the Goals 2000: including the issues to be addressed, the cies designated in section 102(a) shall award Educate America Act, the Job Training methodology of the studies, and the findings subgrants to consortia of educational insti- Partnership Act, the Higher Education Act and recommendations. The panel, at its dis- tutions on a competitive basis. of 1965, and the Elementary and Secondary cretion, may submit to the Congress an inde- ‘‘(d) EQUITABLE DISTRIBUTION OF ASSIST- Education Act of 1965. pendent analysis of the findings and rec- ANCE.—In making subgrants under this part, ‘‘(3) Research and development activities ommendations of the assessment. the agency or agencies designated under sec- carried out under this section may include ‘‘(b) CONTENTS.—The assessment required tion 102(a) shall ensure an equitable distribu- support for States in their development and under subsection (a) shall examine the ex- tion of assistance between urban and rural implementation of performance goals and in- tent to which services and activities assisted areas of the State. dicators established under section 106. The under this Act have achieved their intended ‘‘TITLE II—NATIONAL SUPPORT FOR Secretary shall broadly disseminate infor- purposes and results, including the extent to STATE AND LOCAL REFORMS mation resulting from research and develop- which— ‘‘AWARDS FOR EXCELLENCE ment activities carried out under this Act, ‘‘(1) State and local recipients are meeting ‘‘SEC. 201. The Secretary may, from the and shall ensure broad access at the State the performance objectives for their pro- amount reserved under section 3(b)(1) for any and local levels to the information dissemi- grams established by the Secretary under fiscal year after the fiscal year 2000, and nated. the Government Performance and Results through a peer review process, make per- ‘‘(4) Activities carried out under this sec- Act, using the performance indicators under formance awards to one or more States that tion may include support for occupational section 106(b); have— and career information systems, such as the ‘‘(2) State and local services and activities ‘‘(1) exceeded in an outstanding manner system described in section 206. have developed, implemented, or improved their performance goals or expected level of ‘‘(b) PROFESSIONAL DEVELOPMENT.—(1) The systems established under the School-to- performance under section 103(e)(2)(B); Secretary may, directly, or through grants, Work Opportunities Act of 1994;

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7001 ‘‘(3) services and activities assisted under ‘‘(1) consult at least annually with the na- ‘‘(D) corrupt the use or value of data col- this Act succeed in preparing students, in- tional center or centers and with experts in lected for the National Assessment. cluding students who are members of special education to ensure that the activities of the ‘‘NATIONAL OCCUPATIONAL INFORMATION populations, for postsecondary education, national center or centers meet the needs of COORDINATING COMMITTEE further learning, and entry into high-skill, career preparation education programs; and ‘‘SEC. 206. (a) IN GENERAL.—There is estab- high-wage careers; ‘‘(2) undertake an independent review of lished a National Occupational Information ‘‘(4) students who participate in services award recipients under this section prior to Coordinating Committee (in this section re- and activities supported under this Act suc- extending an award to such recipient beyond ferred to as the ‘Committee’) which shall ceed in meeting challenging State academic 5 years. consist of the Assistant Secretary for Voca- standards and industry-recognized skill ‘‘DATA SYSTEMS tional and Adult Education, the Commis- standards; ‘‘SEC. 205. (a) IN GENERAL.—The Secretary sioner of the Rehabilitation Services Admin- ‘‘(5) services and activities assisted under shall maintain a data system to collect in- istration, the Director of the Office of Bilin- this Act are integrated with, and further, formation about, and report on, the condi- gual Education and Minority Languages Af- broad-based education reform; and tion of career preparation education and on fairs, the Assistant Secretary for Postsec- ‘‘(6) the program improvement, participa- the effectiveness of State and local pro- ondary Education, the Assistant Secretary tion, local and State assessment, and ac- grams, services, and activities carried out for Elementary and Secondary Education, countability provisions of this Act, including under this Act in order to provide the Sec- the Commissioner of the National Center for the performance goals and indicators estab- retary and the Congress, as well as Federal, Education Statistics of the Department of lished under section 106, are effective. State, local, and tribal agencies, with infor- Education, the Commissioner of Labor Sta- ‘‘(c) REPORT.—The Secretary shall submit mation relevant to improvement in the qual- tistics and the Assistant Secretary for Em- to the Congress an interim report on or be- ity and effectiveness of career preparation. ployment and Training of the Department of fore July 1, 2001, and a final report on or be- The Secretary shall periodically report to Labor, the Under Secretary for Research, fore July 1, 2002. the Congress on the Secretary’s analysis of Education, and Economics of the Depart- ‘‘NATIONAL RESEARCH CENTER performance data collected each year pursu- ment of Agriculture, the Assistant Secretary ‘‘SEC. 204. (a) GENERAL AUTHORITY.—(1) The ant to this Act. for Economic Development of the Depart- Secretary may, through grants, contracts, or ‘‘(b) CONTENTS.—The data system shall— ment of Commerce, and the Assistant Sec- cooperative agreements, establish one or ‘‘(1) provide information on the participa- retary of Defense (Force Management and more national centers in the areas of— tion and performance of students, including Personnel). The Committee shall provide ‘‘(A) applied research and development; students who are members of special popu- funds, on an annual basis, to State occupa- and lations; tional information coordinating committees ‘‘(B) dissemination and training. ‘‘(2) include data that are at least nation- and to eligible recipients and shall— ‘‘(2) The Secretary shall consult with ally representative; ‘‘(1) in the use of program and employment States prior to establishing one or more such ‘‘(3) report on career preparation in the data, improve coordination and communica- centers. context of education reform; and tion among administrators and planners of ‘‘(4) be based, to the extent feasible, on ‘‘(3) Entities eligible to receive funds under education and employment and training pro- data from general purpose data systems of this section are institutions of higher edu- grams, including corrections and welfare the Department or other Federal agencies, cation, other public or private nonprofit or- programs, at the Federal, State, and local augmented as necessary with data from addi- ganizations or agencies, and consortia of levels; tional surveys focusing on career prepara- such institutions, organizations, or agencies. ‘‘(2) coordinate the efforts of Federal, tion education. ‘‘(b) ACTIVITIES.—(1) The national center or State, and local agencies and tribal agencies ‘‘(c) COORDINATION.—(1) The Secretary centers shall carry out such activities as the with respect to such programs. shall consult with a wide variety of experts Secretary determines to be appropriate to ‘‘(3) develop and implement, in cooperation in academic and occupational education, in- assist State and local recipients of funds with State and local agencies, an occupa- cluding individuals with expertise in the de- under this Act to achieve the purpose of this tional information system to meet the com- velopment and implementation of career Act, which may include activities in such mon occupational information needs of edu- preparation education, in the development of areas as— cation programs and employment and train- data collections and reports under this sec- ‘‘(A) the integration of vocational and aca- ing programs at the national, State, and tion. demic instruction, secondary and postsec- local levels; ‘‘(2) In maintaining the data system, the ‘‘(4) conduct studies to improve the quality ondary instruction, and work-based and Secretary shall— and delivery of occupational and career in- classroom-based instruction and connecting ‘‘(A) ensure that the system, to the extent formation; and activities; practicable, uses comparable information ‘‘(5) develop curricula and career informa- ‘‘(B) effective inservice and preservice elements and uniform definitions common to tion resources and provide training and tech- teacher education that assists career prepa- State plans, performance indicators, and nical assistance consistent with section ration education systems at the elementary, State and local assessments; and 453(b)(2) of the Job Training Partnership Act secondary, and postsecondary levels; ‘‘(B) cooperate with the Secretaries of in support of comprehensive guidance and ‘‘(C) performance goals and indicators that Commerce and Labor to ensure that the data counseling programs designed to promote serve to improve career preparation edu- system is compatible with other Federal in- improved career decision making by individ- cation programs and student outcomes; formation systems regarding occupational uals. ‘‘(D) effects of economic changes on the data, and to the extent feasible, allow for ‘‘(b) STATE COMMITTEES.—Each State re- kinds of knowledge and skills required for international comparisons. ceiving assistance under this Act shall estab- employment; ‘‘(d) ASSESSMENTS.—(1) As a regular part of lish a State occupational information co- ‘‘(E) longitudinal studies of student its assessments, the National Center for Edu- ordinating committee composed of rep- achievement; and cation Statistics shall, as appropriate, col- resentatives of the State education, voca- ‘‘(F) dissemination and training activities lect and report information on career prepa- tional education, and postsecondary edu- related to the applied research and dem- ration education for a nationally representa- cation agencies, the State employment secu- onstration activities described in this sub- tive sample of students, including, to the ex- rity agency, the State economic develop- section, which may also include— tent feasible, fair and accurate assessments ment agency, the State job training coordi- ‘‘(i) serving as a repository for industry- of the educational achievement of special nating council, and the agency admin- recognized skill standards, State academic populations. Such assessment may include istering the vocational rehabilitation pro- standards, and related materials; and international comparisons. gram. Such committee shall, with funds ‘‘(ii) developing and maintaining national ‘‘(2) The Commissioner of Education Sta- available to it from the National Occupa- networks of educators who facilitate the de- tistics may authorize a State educational tional Information Coordinating Committee velopment of career preparation education agency, or consortium of such agencies, to established under subsection (a)— systems. use items and data from the National Assess- ‘‘(1) implement an occupational informa- ‘‘(2) The center or centers conducting the ment of Educational Progress for the pur- tion system in the State that will meet the activities described in paragraph (1) shall an- pose of evaluating a course of study related common needs for the planning for, and the nually prepare a summary of key research to services and activities under title I, if the operation of, education and employment and findings of such center or centers and shall Commissioner has determined in writing training programs, including corrections and submit copies of the summary to the Secre- that such use will not— welfare; taries of Education, Labor, and Health and ‘‘(A) result in the identification of charac- ‘‘(2) implement a career information deliv- Human Services. The Secretary shall submit teristics or performance of individual ery system; and, that summary to the Committee on Labor schools or students; ‘‘(3) conduct training and technical assist- and Human Resources of the Senate, and the ‘‘(B) result in the ranking or comparing of ance in support of personnel delivering ca- Committee on Education and the Workforce schools or local educational agencies; reer development services. of the House of Representatives. ‘‘(C) be used to evaluate the performance of ‘‘(c) ALLOCATION.—Of amounts made avail- ‘‘(c) REVIEW.—From funds available for teachers, principals, or other local educators able by the Secretary to carry out the provi- this title, the Secretary shall— for reward or punishment; or sions of this section, the Committee shall

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7002 CONGRESSIONAL RECORD — SENATE July 8, 1997 use not less than 75 percent of such funds to this subsection. An eligible applicant that benefit of Native Hawaiians, services and ac- support State occupational information co- receives written notification that the Sec- tivities that are consistent with the purpose ordinating committees for the purpose of op- retary will not award it a grant or coopera- of this Act and conducted in accordance with erating State occupational information sys- tive agreement may submit written objec- the priorities described in section 101(b). tems and career information delivery sys- tions to that notice in accordance with regu- ‘‘(2) To receive assistance under this sub- tems. lations of the Secretary. section, the organization, institution, or ‘‘(d) GIFTS, BEQUESTS, AND DEVISES.—The ‘‘(ii) A grant or cooperative agreement agency shall apply to the Secretary in such Committee may accept, administer, and use under this subsection with any Bureau-fund- manner and at such time as the Secretary gifts or donations of services, money, or ed school shall not be subject to the require- may require. property, whether real or personal, tangible ments of the Indian Self-Determination Act ‘‘(e) ACCOUNTABILITY.—The Secretary shall or intangible. of the Act of April 16, 1934. require from each institution assisted under ‘‘(2) The responsible official shall establish ‘‘(C) Any tribal organization or Bureau- this section such information regarding fis- written rules setting forth the criteria to be funded school eligible to receive assistance cal control and program quality and effec- used by the Committee in determining under this subsection may apply individually tiveness as is reasonable. whether the acceptance of contributions of or as part of a consortium with another trib- ‘‘(f) DEFINITIONS.—For the purposes of this services, money, or property would reflect al organizational or school. section: ‘‘(1) The term ‘Bureau-funded school’ has unfavorably upon the ability of the Institute ‘‘(D) The Secretary may not place upon the same meaning given ‘Bureau funded or any employee to carry out its responsibil- such grants or cooperative agreements any school’ in section 1146(3) of the Education ities or official duties in a fair and objective restrictions relating to programs or results Amendments of 1978 (25 U.S.C. 2026(3)). other than those they apply to grants or co- manner, or would compromise the integrity, ‘‘(2) The term ‘full-time equivalent Indian operative agreements to States under this or the appearance of the integrity, of its pro- students’ means the sum of the number of grams or any official involved in those pro- Act. Indian student enrolled full time at an insti- ‘‘(3) Any tribal organization or Bureau- grams. tution, plus the full-time equivalent of the funded school receiving assistance under this ‘‘(e) EXPERTS AND CONSULTANTS.—The number of Indian students enrolled part time subsection may provide stipends to students Committee may procure temporary and (determined on the basis of the quotient of intermittent services under section 3109(b) of who are undertaking career preparation edu- the sum of the credit hours of all part-time title 5, United States Code. cation and who have acute economic needs students divided by 12) at such institution. ‘‘CAREER PREPARATION EDUCATION FOR INDIANS that cannot be met through work-study pro- ‘‘(3) The term ‘Indian’ means a member of AND NATIVE HAWAIIANS grams. an Indian tribe. ‘‘(4) In making grants or cooperative agree- ‘‘(4) The term ‘Indian tribe’ has the mean- ‘‘SEC. 207. (a) ALLOTMENT FOR INDIANS AND ments under this subsection, the Secretary ing given that term in section 102(2) of the NATIVE HAWAIIANS.—In each fiscal year, from shall give special consideration to awards Federally Recognized Indian Tribe List Act the amount the Secretary reserves under that involve, are coordinated with, or en- section 3(b)(2)— of 1994 (25 U.S.C. 479a(2)). courage, tribal economic development plans. ‘‘TITLE III—GENERAL PROVISIONS ‘‘(1) 1.5 percent shall be available for car- ‘‘(c) ASSISTANT TO TRIBALLY CONTROLLED ‘‘WAIVERS rying out subsections (b) and (c); and POSTSECONDARY VOCATIONAL INSTITUTIONS.— ‘‘(2) 0.25 percent shall be available for car- (1) The Secretary may make 4-year grants to ‘‘SEC. 301. (a) REQUEST FOR WAIVER.—Any rying out subsection (d). tribally controlled postsecondary vocational State may request, on its own behalf or on ‘‘(d) ASSISTANCE TO TRIBES OR BUREAU- institution to provide to Indian students behalf of a local recipient, a waiver by the FUNDED SCHOOLS.—(1)(A) From funds re- services and activities that are consistent Secretary of one or more statutory or regu- served under subsection (a)(1) for each fiscal with the purpose of this Act and conducted latory provisions described in this section in year, the Secretary shall make grants to, or in accordance with the priorities described order to carry out more effectively State ef- enter into cooperative agreements with, trib- in section 101(b), including support for the forts to reform education and develop, imple- al organizations of eligible Indian tribes or operation, maintenance, and capital ex- ment, or improve career preparation edu- Bureau-funded schools to develop and pro- penses of such institution. cation, including tech-prep edcuation, in the vide services and activities that are con- ‘‘(2) To be eligible for assistance under this State. sistent with the purpose of this Act and con- subsection, a tribally controlled postsec- ‘‘(b) GENERAL AUTHORITY.—(1) Except as ducted in accordance with the priorities de- ondary vocational institution shall— provided in subsection (d), the Secretary scribed in section 101. ‘‘(A) be governed by a board of directors or may waive any requirement of any statute ‘‘(B) Any tribal organization or Bureau- trustees, a majority of whom are Indians; listed in subsection (c), or of the regulations funded school that receives assistance under ‘‘(B) demonstrate adherence to stated issued under that statute, for a State that this subsection shall— goals, a philosophy, or a plan or operation requests such a waiver— ‘‘(i) establish performance goals and indi- that fosters individual Indian economic self- ‘‘(A) if, and only to the extent that the cators to define the level of performance to sufficiency; Secretary determines that such requirement be achieved by students served under this ‘‘(C) have been in operation for at least 3 impedes the ability of the State to carry out subsection; years; State efforts to reform education and de- ‘‘(ii) evaluate the quality and effectiveness ‘‘(D) hold accreditation with, or be a can- velop, implement, or improve career prepara- of services and activities provided under this didate for accreditation by, a nationally rec- tion education in the State; subsection; ognized accrediting authority for postsec- ‘‘(B) if the State waives, or agrees to ‘‘(iii) provide guidance and counseling ondary vocational education; waive, any similar requirements of State services to students; and ‘‘(E) offer technical degrees or certificate- law; ‘‘(iv) help to ensure that students served granting programs; and ‘‘(C) if, in the case of a statewide waiver, under this subsection have an opportunity to ‘‘(F) enroll the full-time equivalent of not the State— achieve to challenging academic and indus- less than 100 students, of whom a majority ‘‘(i) has provided all local recipients of as- try recognized skill standards, receive high are Indians. sistance under this Act in the State with no- school diplomas, skill certificates, and post- ‘‘(3) To receive assistance under this sub- tice of, and an opportunity to comment on, secondary certificates or degrees, and enter section, a tribally controlled postsecondary the State’s proposal to request a waiver; and ‘‘(ii) has submitted the comments of such employment related to their course work. vocational institution shall apply to the Sec- recipients to the Secretary; and ‘‘(2)(A) The Secretary shall make such a retary in such manner and at such time as ‘‘(D) if the State provided such information grant or cooperative agreement— the Secretary may require. as the Secretary reasonably requires in order ‘‘(i) upon the request of any Indian tribe ‘‘(4) The Secretary shall, based on the to make such determinations. that is eligible to contract with the Sec- availability of appropriations, distribute to ‘‘(2) The Secretary shall act promptly on retary of the Interior for programs under the each tribally controlled vocational institu- any request submitted under paragraph (l). Indian Self-Determination Act or the Act of tion having an approved application an ‘‘(3) Each waiver approved under this sub- April 16, 1934; or amount based on full-time equivalent Indian section shall be for a period not to exceed ‘‘(ii) upon the application (filed under such students at each such institution. five years, except that the Secretary may ex- conditions as the Secretary may require) of ‘‘(d) ASSISTANCE TO NATIVE HAWAIIANS.—(1) tend such period if the Secretary determines any Bureau-funded school that offers sec- In recognition of the findings and declara- that the waiver has been effective in ena- ondary programs. tions made by Congress in section 9202 of the bling the State to carry out the purpose of ‘‘(B)(i) A grant or cooperative agreement Elementary and Secondary Education Act of this Act. under this subsection with any tribal organi- 1965 (20 U.S.C. 7902), the Secretary shall, ‘‘(c) PROGRAMS.—(1) The statutes subject zational shall be subject to the terms and from the funds reserved under subsection to the waiver authority of the Secretary conditions of section 102 of the Indian Self- (a)(2) for each fiscal year, make one or more under this section are— Determination Act, except section 102(b), grants to, or enter into one or more coopera- ‘‘(A) this Act; and shall be conducted in accordance with tive agreements with, organizations, institu- ‘‘(B) part A of title I of the Elementary and the provisions of sections 4, 5, and 6 of the tions, or agencies with experience providing Secondary Education Act of 1965 (author- Act of April 16, 1934 that are relevant to the educational and related services to Native izing programs and activities to help dis- services and activities administered under Hawaiians to develop and provide, for the advantaged children meet high standards);

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7003 ‘‘(C) part B of title II of the Elementary that either the fiscal effort per student or State as an administrative agency for the and Secondary Education Act of 1965 (Dwight the aggregate expenditures of such State for State’s career preparation education schools D. Eisenhower Professional Development career preparation education, including or for career preparation education programs Program); tech-prep education programs, for the fiscal within its public elementary or secondary ‘‘(D) title IV of the Elementary and Sec- year preceding the fiscal year for which the schools. ondary Education Act of 1965 (Safe and Drug- determination is made was not less than 90 ‘‘(7) The term ‘limited English proficiency’ Free Schools and Communities Act of 1994); percent of such fiscal effort or aggregate ex- has the meaning given such term in section ‘‘(E) title VI of the Elementary and Sec- penditures for career preparation education 7501(8) of the Elementary and Secondary ondary Education Act of 1965 (Innovative for the second fiscal year preceding the fiscal Education Act of 1965. Education Program Strategies); year for which the determination is made. ‘‘(8) The term ‘local educational agency’ ‘‘(F) part C of title VII of the Elementary (b) The Secretary shall reduce the amount has the same meaning as given that term and Secondary Education Act of 1965 (Emer- of allotments of funds under part A and part under section 4(10) of the School-to-Work Op- gency Immigrant Education Program); and B for any fiscal year in the exact proportion portunities Act of 1994. ‘‘(G) the School-to-Work Opportunities Act by which the State fails to meet the require- ‘‘(9) The term ‘postsecondary educational of 1994. ments of subsection (a) by falling below 90 institution’ means— ‘‘(2) The Secretary may not waive any re- percent of either the fiscal effort per student ‘‘(A) an institution of higher education, as quirement under paragraph (1)(G) without or aggregate expenditures (using the meas- defined in section 1201(a) of the Higher Edu- the concurrence of the Secretary of Labor. ure most favorable to the State), and no such cation Act of 1965, that provides not less ‘‘(d) WAIVERS NOT AUTHORIZED.—The Sec- lesser amount shall be used for computing than a 2-year program which is acceptable retary may not waive any statutory or regu- the effort required under subsection (a) for for full credit toward a bachelor’s degree; latory requirement of the programs listed in subsequent years. ‘‘(B) a tribally controlled community col- subsection (c) relating to— (c) The Secretary may waive, for one fiscal lege; or ‘‘(1) the basic purposes or goals of the af- year only, the requirements of this section if ‘‘(C) a not-for-profit educational institu- fected programs; the Secretary determines that such a waiver tion offering apprenticeship programs of at ‘‘(2) maintenance of effort; would be equitable due to exceptional or un- least 2 years beyond the completion of sec- ‘‘(3) comparability of services; controllable circumstances such as a natural ondary school. ‘‘(4) the equitable participation of students disaster or a precipitous and unforeseen de- ‘‘(10) The term ‘school dropout’ has the attending private schools; cline in the financial resources of the State. same meaning as given that term under sec- ‘‘(5) parental participation and involve- ‘‘IDENTIFICATION OF STATE-IMPOSED tion 4(17) of the School-to-Work Opportuni- ment; REQUIREMENTS ties Act of 1994. ‘‘(6) the distribution of funds to States or ‘‘(11) The term ‘Secretary’ means the Sec- to local recipients; ‘‘SEC. 304. Any State rule or policy imposed retary of Education. ‘‘(7) the eligibility of an individual for par- on the provision of services or activities ‘‘(12) The term ‘skill certificate’ has the ticipation in the affected programs; funded by this Act, including any rule or pol- same meaning as given that term under sec- ‘‘(8) public health or safety, labor stand- icy based on State interpretation of any Fed- tion 4(22) of the School-to-Work Opportuni- ards, civil rights, occupational safety and eral law, regulation, or guidelines, shall be ties Act of 1994. health, or environmental protection; or identified as a State-imposed requirement. ‘‘(13) The term ‘special populations’ in- ‘‘(9) prohibitions or restrictions relating to ‘‘OUT-OF-STATE RELOCATIONS cludes students with disabilities, education- the construction of buildings or facilities. ‘‘SEC. 305. No funds provided under this Act ally or economically disadvantaged students, ‘‘(e) TERMINATION OF WAIVERS.—The Sec- shall be used for the purpose of directly pro- students of limited English proficiency, dis- ondary shall periodically review the per- viding incentives or inducements to an em- placed homemakers, teen parents, single formance of any State for which the Sec- ployer to relocate a business enterprise from pregnant women, foster children, migrant retary has granted a waiver under this sec- one State to another if such relocation children, school dropouts, students who are tion and shall terminate such waiver if the would result in a reduction in the number of identified as being at-risk of dropping out of Secretary determines that the performance jobs available in the State where the busi- secondary school, students who are seeking of the State affected by the waiver has been ness enterprise is located before such incen- to prepare for occupations that are not tradi- inadequate to justify a continuation of the tives or inducements are offered. tional for their gender, and, to the extent waiver, or the State fails to waive similar re- ‘‘ENTITLEMENT feasible, individuals younger than age 25 in quirements of State law in accordance with correctional institutions. subsection (b)(1)(B). ‘‘SEC. 306. Nothing in this Act shall be con- strued to provide any individual with an en- ‘‘(14) except as otherwise provided, the ‘‘EFFECT OF FEDERAL PAYMENTS titlement to services under this Act. term ‘State’ includes, in addition to each of ‘‘SEC. 302. (a) STUDENT FINANCIAL ASSIST- ‘‘DEFINITIONS the several States, the District of Columbia, ANCE.—(1) The portion of any student finan- the Commonwealth of Puerto Rico, the Vir- ‘‘SEC. 307. As used in this Act, unless other- cial assistance received under this Act that gin Islands, Guam, American Samoa, and the wise noted: is made available for attendance costs de- Northern Mariana Islands. ‘‘(1) The term ‘all aspects of an industry’ scribed in paragraph (2) shall not be consid- ‘‘(15) The term ‘State educational agency’ has the same meaning as given that term ered as income or resources in determining has the same meaning as given that term under section 4(1) of the School-to-Work Op- eligibility for assistance under any program under section 4(24) of the School-to-Work Op- portunities Act of 1994. of welfare benefits, including the Temporary portunities Act of 1994. ‘‘(2) The term ‘area vocational education Assistance to Needy Families program, that ‘‘(16) The term ‘students with disabilities’ is funded in whole or part with Federal school’ means— ‘‘(A) a special public high school that pro- means students who have a disability or dis- funds. vides vocational education to students who abilities, as such term is defined in section ‘‘(2) For purposes of this subsection, at- are preparing to earn a high school diploma 3(2) of the Americans With Disabilities Act tendance costs are— or its equivalency and to enter the labor of 1990. ‘‘(A) tuition and fees normally assessed a ‘‘(17) The term ‘tribally controlled commu- student carrying the same academic work- market, or ‘‘(B) a public technical institute or voca- nity college’ means an institution that re- load, as determined by the institution, in- tional school that provides vocational edu- ceives assistance under the Tribally Con- cluding costs for rental or purchase of any cation to individuals who have completed or trolled Community College Assistance Act of equipment, materials, or supplies required of left high school and who are preparing to 1976 or the Navajo Community College Act.’’. all students in the same course of study; and TITLE II—EFFECTIVE DATES; ‘‘(B) an allowance for books, supplies, enter the labor market. ‘‘(3) The term ‘career guidance and coun- TRANSITION transportation, dependent care, and mis- seling’ has the same meaning as given that cellaneous personal expenses for a student EFFECTIVE DATE term under section 4(4) of the School-to- attending the institution on at least a half- SEC. 201. This Act shall take effect on July Work Opportunities Act of 1994. time basis, as determined by the institution. 1, 1998. ‘‘(4) The term ‘community-based organiza- ‘‘(b) INSTITUTIONAL AID.—No State shall tion’ means any such organization of dem- TRANSITION take into consideration payments under this onstrated effectiveness described in section SEC. 202. Notwithstanding any other provi- Act in determining, for any educational 4(5) of the Job Training Partnership Act. sions of law— agency or institution in that State, the eligi- ‘‘(5) The term ‘institution of higher edu- (1) upon enactment of the Career Prepara- bility for State aid, or the among of State cation’ has the same meaning as given that tion Education Reform Act of 1997, a State aid, with respect to public education within term under section 1201(a) of the Higher Edu- or local recipient of funds under the Carl D. the State. cation Act of 1965. Perkins Vocational and Applied Technology ‘‘MAINTENANCE OF EFFORT ‘‘(6) The term ‘intermediate educational Education Act may use any such unexpended ‘‘SEC. 303. (a) Except as provided in sub- agency’ means a combination of school dis- funds to carry out services and activities section (b), a State may receive its full allot- tricts or counties (as defined in section that are authorized by either such Act or the ment of funds under part A and part B for 14101(9) of the Elementary and Secondary Carl D. Perkins Career Preparation Edu- any fiscal year only if the Secretary finds Education Act of 1965) as are recognized in a cation Act; and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7004 CONGRESSIONAL RECORD — SENATE July 8, 1997 (2) a State or local recipient of funds under inserting in lieu thereof ‘‘Carl D. Perkins Ca- ‘‘(ii) be coordinated with activities con- the Carl D. Perkins Career Preparation Edu- reer Preparation Education Act’’; ducted by other educational and training en- cation Act for the fiscal year 1998 may use (8) in section 314(g)(2), by striking out ‘‘Vo- tities that provide relevant technical assist- such funds to carry out services and activi- cational and Applied Technology’’ and in- ance;’’. ties that are authorized by either such Act serting in lieu thereof ‘‘Career Preparation’’; AMENDMENTS TO THE SCHOOL-TO-WORK or were authorized by the Carl D. Perkins (9) in section 427(a)(1), by striking ‘‘local OPPORTUNITIES ACT OF 1994 agencies, including a State board or agency Vocational and Applied Technology Edu- SEC. 303. The School-to-Work Opportuni- designated pursuant to section 111(a)(1) of cation Act prior to its amendment. ties Act (20 U.S.C. 1601 et seq.) is amended— TITLE III—AMENDMENTS TO OTHER the Carl D. Perkins Vocational Act which (1) in section 202(a)(3), by striking ‘‘Voca- ACTS operates or wishes to develop area vocational tional and Applied Technology’’ and insert- education school facilities or residential vo- ing in lieu thereof ‘‘Career Preparation’’; AMENDMENTS TO THE JOB TRAINING cational schools (or both) as authorized by PARTNERSHIP ACT (2) in section 203(b)(2), by striking clause such Act, or private organizations’’ and in- (I) and redesignating clauses (J) and (K) as SEC. 301. The Job Training Partnership Act serting in lieu thereof ‘‘local agencies, or clauses (I) and (J), respectively; (29 U.S.C. 1501 et seq.) is amended— private organizations’’; (3) in section 213— (1) in section (4)— (10) in section 455(b), by striking ‘‘Carl D. (A) in subsection (d)(6)(B), by striking ‘‘Vo- (A) in paragraph (14), by striking ‘‘in sec- Perkins Vocational and Applied Technology cational and Applied technology’’ and insert- tion 521(22) of the Carl D. Perkins Vocational Education Act (20 U.S.C. 2301 et seq.)’’ and ing in lieu thereof ‘‘Career Preparation’’, and Education Act’’ and inserting in lieu thereof inserting in lieu thereof ‘‘Carl D. Perkins Ca- (B) in subsection (b)(4), by striking clause ‘‘section 4(10) of the School-to-Work Oppor- reer Preparation Education Act’’; (I) and redesignating clauses (J) and (K) as tunities Act of 1994’’; and (11) in section 461(c), by striking out ‘‘Vo- clauses (I) and (J), respectively, (B) in paragraph (28), by striking ‘‘Voca- cational’’ and inserting in lieu thereof ‘‘Ca- (4) in section 403(a), by striking ‘‘the indi- tional Education Act’’ and inserting in lieu reer Preparation’’; viduals assigned under section 111(b)(1) of the thereof ‘‘Vocational and Applied Technology (12) in section 464— Carl D. Perkins Vocational and Applied Education Act as in effect on the day prior (A) in subsection (a), by striking out ‘‘Carl Technology Education Act (20 U.S.C. to the date of enactment of the Career Prep- D. Perkins Vocational Education Act)’’ and 2321(b)(1)),’’, aration Education Reform Act of 1997’’; inserting in lieu thereof ‘‘Carl D. Perkins (5) in section 404— (2) in section 121(a)(2), by adding at the end Vocational and Applied Technology Edu- (A) by inserting ‘‘and’’ after ‘‘(29 U.S.C. thereof the following sentence: ‘‘The State cation Act as in effect on the day prior to 1733(b)),’’; and may submit such plan as part of a State the date of enactment of the Career Prepara- (B) by striking ‘‘and the National Network plan, or amendment to a State plan, under tion Education Reform Act of 1997)’’; for Curriculum Coordination in Vocational the Carl D. Perkins Career Preparation Edu- (B) in subsection (b), by striking out ‘‘In Education under section 402(c) of the Carl D. cation Act or the School-to-Work Opportuni- addition to its responsibilities under the Carl Perkins Vocational and Applied Technology ties Act of 1994.’’; D. Perkins Vocational Education Act, the’’ Education Act (20 U.S.C. 2402(C)),’’; (3) in section 122(b)— and inserting in lieu thereof ‘‘The’’; and (6) in section 502(b)(6), by striking ‘‘Voca- (A) by amending paragraph (8) to read as (C) in subsection (c), by striking out ‘‘this tional and Applied Technology’’ and insert- follows: Act, under section 422 of the Carl D. Perkins ing in lieu thereof ‘‘Career Preparation’’; and ‘‘(8) consult with the appropriate State Vocational Education Act, and’’ and insert- (7) in section 505— agency under section 105 of the Carl D. Per- ing in lieu thereof ‘‘this Act and’’; (A) in subsection (a)(2)(B)(i), by striking kins Career Preparation Education Act to (13) in section 605(c), by striking out ‘‘Vo- ‘‘section 102(a)(3) of the Carl D. Perkins Vo- obtain a summary of activities and an anal- cational Education Act)’’ and inserting in cational and Applied Technology Education ysis of result in training women in nontradi- lieu thereof ‘‘Vocational and Applied Tech- Act (20 U.S.C. 2312(a)(3)’’ and inserting in tional employment under such Act, and an- nology Education Act as in effect on the day lieu thereof ‘‘section 112(c) of the Carl D. nually disseminate such summary to service prior to the date of enactment of the Career Perkins Career Preparation Education Act’’; delivery areas, service providers throughout Preparation Education Reform Act of 1995)’’; and the State, and the Secretary;’’; and (14) in section 701(b)— (B) in subsection (e), by striking ‘‘section (B) in paragraph (11)(B), by striking ‘‘sec- (A) by amending paragraph (1) to read as 201(b) of the Carl D. Perkins Vocational and tion 113(b)(14) of the Carl D. Perkins Voca- follows: Applied Technology Education Act (20 U.S.C. tional Education Act’’ and inserting in lieu ‘‘(1) IN GENERAL.—For purposes of this 2312(a)(3)’’ and inserting in lieu thereof ‘‘sec- thereof ‘‘section 105(e)(2) of the Carl D. Per- title, the term ‘applicable Federal human re- tion 102 of the Carl D. Perkins Career Prepa- kins Career Preparation Education Act’’; source program’ includes any program au- ration Education Act’’. (4) in section 123(c)— thorized under the provisions of law de- AMENDMENTS TO THE ELEMENTARY AND (A) in paragraph (1)(E)(iii), by striking scribed under paragraph (2)(A) that the Gov- SECONDARY EDUCATION ACT OF 1965 ‘‘Carl D. Perkins Vocational and Applied ernor and the head of the State agency or SEC. 304. The Elementary and Secondary Technology Education Act (20 U.S.C. 2301 et agencies responsible for the administration Education At of 1965 (20 U.S.C. 6301 et seq.) is seq.)’’ and inserting in lieu thereof ‘‘Carl D. of such program jointly agree to include amended— Perkins Career Preparation Education Act’’; within the jurisdiction of the State Coun- (1) in section 1114(b)(2)(C)(v), by striking and cil.’’; and ‘‘Vocational and Applied Technology’’ and (B) in paragraph (2)(D)(iii), by striking (B) in paragraph (2)(A)(ii), by striking inserting in lieu thereof ‘‘Career Prepara- ‘‘Vocational and Applied Technology’’ and ‘‘Carl D. Perkins Vocational and Applied tion’’; inserting in lieu thereof ‘‘Career Prepara- Technology Education Act (20 U.S.C. 2301 et (2) in section 9115(b)(5), by striking ‘‘Voca- tion’’; seq.)’’ and inserting in lieu thereof ‘‘Carl D. tional and Applied Technology’’ and insert- (5) in section 125— Perkins Career Preparation Education Act’’; ing in lieu thereof ‘‘Career Preparation’’; (A) in subsection (a), by inserting after and (3) by amending section 14302(a)(2)(C) to ‘‘coordinating committee’’ a comma and ‘‘as (15) in section 703(a)(2), by striking the read as follows: ‘‘(C) services and activities described in section 422(b) of the Carl D. Per- comma after ‘‘section 123(a)(2)(D)’’ and ‘‘ex- under section 102 of the Carl D. Perkins Ca- kins Vocational and Applied Technology cept that, with respect to the Carl D. Per- reer Preparation Education Act;’’ and Education Act as in effect on the day prior kins Vocational and Applied Technology (4) in section 14307(a)(1), by striking ‘‘Voca- to the date of enactment of the Career Prep- Education Act (20 U.S.C. 2301 et seq.), such tional and Applied Technology’’ and insert- aration Education Reform Act of 1997,’’; State may use funds only to the extent pro- ing in lieu thereof ‘‘Career Preparation’’. (B) in subsection (b)(1), by striking out vided under section 112(g) of such Act’’. AMENDMENTS TO THE GOALS 2000: EDUCATE ‘‘Vocational’’ and inserting in lieu thereof AMENDMENTS TO THE ADULT EDUCATION ACT AMERICA ACT ‘‘Career Preparation’’; and SEC. 302. The Adult Education Act (20 SEC. 305. The Goals 2000: Educate America (C) ion subsection (c), by inserting after U.S.C. 1201 et seq.) is amended— Act (20 U.S.C. 5801 et seq.) is amended— ‘‘Coordinating Committee’’ a comma and ‘‘as (1) in section 322(a)(4), by striking ‘‘Voca- (1) in section 306— established in section 422(a) of the Carl D. tional and Applied Technology’’ and insert- (A) in subsection (c)(1)(A), by inserting be- Perkins Vocational and Applied Technology ing in lieu thereof ‘‘Career Preparation’’; fore the semicolon at the end thereof a Education Act as in effect on the day prior (2) in section 342— comma and ‘‘as in effect on the day prior to to the date of enactment of the Career Prep- (A) in subsection (c)(11), by striking ‘‘Carl the date of enactment of the Career Prepara- aration Education Reform Act of 1997,’’; D. Perkins Vocational Education Act of tion Education Reform Act of 1997, until not (6) in section 205(a)(2), by striking ‘‘Carl D. 1963’’ and inserting in lieu thereof ‘‘Carl D. later than July 1, 2000, and the performance Perkins Vocational and Applied Technology Perkins Career Preparation Education Act’’; goals and indicators developed pursuant to Education Act (20 U.S.C. 2301 et seq.)’’ and and section 107 of the Carl D. Perkins Career inserting in lieu thereof ‘‘Carl D. Perkins Ca- (B) in subsection (d), by striking ‘‘Voca- Preparation Education Act thereafter’’; and reer Preparation Education Act’’; tional’’ and inserting in lieu thereof ‘‘Career (B) in subsection (1), by striking out ‘‘Vo- (7) in section 265(b)(3), by striking ‘‘Carl D. Preparation’’; and cational and Applied Technology’’ and in- Perkins Vocational and Applied Technology (3) by amending section 384(d)(1)(D)(ii) to serting in lieu thereof ‘‘Career Preparation’’; Education Act (20 U.S.C. 2301 et seq.)’’ and read as follows: and

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7005 (2) in section 311(b)(6), by striking out ‘‘Vo- tional and Applied Technology’’ and insert- ‘‘(5) There is a strong relationship between cational and Applied Technology’’ and in- ing in lieu thereof ‘‘Career Preparation’’. literacy and poverty. Data from the 1993 Na- serting in lieu thereof ‘‘Career Preparation’’. (i) TRAINING TECHNOLOGY TRANSFER ACT OF tional Adult Literacy Survey show that OTHER TECHNICAL AND CONFORMING 1988.—Section 6107(6) of the Training Tech- adults with very low levels of literacy are AMENDMENTS nology Transfer Act of 1988 (20 U.S.C. 5091 et ten times as likely to be poor as those with seq.) is amended by inserting before the high levels of literacy. SEC. 306. (a) HIGHER EDUCATION ACT OF semicolon at the end thereof a comma and ‘‘(6) Studies, including the National Adult 1965.—The Higher Education Act of 1965 (20 ‘‘as in effect on the day prior to the date of Literacy Survey, have found that more than U.S.C. 1001 et seq.) is amended— enactment of the Career Preparation Edu- one-fifth of American adults demonstrate (1) by amending section 127(2) to read as cation Reform Act of 1997’’. very low literacy skills that make it dif- follows: (j) GENERAL REDESIGNATION.—Any other ficult for them to be economically self-suffi- ‘‘(2) have, as one of the partners partici- references to the Carl D. Perkins Vocational cient, much less enter high-skill, high-wage pating in an articulation agreement, an enti- and Applied Technology Education Act shall jobs, or to assist effectively in their chil- ty that uses funds under title I of the Carl D. be deemed to refer to the Carl D. Perkins Ca- dren’s education. Perkins Career Preparation Education Act reer Preparation Education Act. ‘‘(7) Many Americans desire English in- to support tech-prep education services and struction to help them exercise their rights activities;’’; S. 994 and responsibilities as citizens. (2) in section 481(a)(3)(A), by striking ‘‘sec- ‘‘(8) National studies have also shown that Be it enacted by the Senate and the House of tion 521(4)(C) of the Carl D. Perkins Voca- existing federally supported adult education Representatives of the United States of America tional and Applied Technology Education programs have assisted many adults in ac- in Congress assembled, That this Act may be Act’’ and inserting in lieu thereof ‘‘section quiring basic literacy skills, learning cited as the ‘‘Adult Basic Education and Lit- 305(3)(B) of the Carl D. Perkins Career Prepa- English, or acquiring a high school diploma eracy for the Twenty-First Century Act.’’ ration Education Act’’; (or its equivalent), and that family literacy (3) in section 484(l)(1), by striking ‘‘section TITLE I—AMENDMENT TO THE ADULT programs have shown great potential for 521(4)(C) of the Carl D. Perkins Vocational EDUCATION ACT AMENDMENT breaking the intergenerational cycle of low and Applied Technology Education Act’’ and SEC. 101. The Adult Education Act (20 literacy and having a positive effect on later inserting in lieu thereof ‘‘section 305(3)(B) of U.S.C. 1201 et seq.; hereinafter referred to as school performance and high school comple- the Carl D. Perkins Career Preparation Edu- ‘‘the Act’’) is amended in its entirety to read tion, especially for children from low-income cation Act’’; and as follows: families. (4) in section 503(b)(2)(B)(vi), by striking ‘‘TITLE III—ADULT BASIC EDUCATION ‘‘(9) Currently, the Adult Education Act ‘‘in a Tech-Prep program under section 344 of AND LITERACY PROGRAMS lacks adequate accountability requirements, the Carl D. Perkins Vocational and Applied and contains set-asides and categorical pro- ‘‘SEC. 301. (a) SHORT TITLE.—This title may Technology Education Act’’ and inserting in be cited as the ‘Adult basic Education and grams that are often narrowly focused on lieu thereof ‘‘in a tech-prep program sup- Literacy Act’. specific populations or methods of service ported through services and activities under ‘‘(b) TABLE OF CONTENTS.—The table of delivery, thus inhibiting the capacity of the Carl D. Perkins Career Preparation Edu- contents for this title is as follows: State and local officials to implement pro- cation Act’’. grams that meet the needs of individual (b) INDIVIDUALS WITH DISABILITIES EDU- ‘‘TABLE OF CONTENTS States and localities. CATION ACT.—Section 626(g) of the Individ- ‘‘Sec. 301. Short title; table of contents. ‘‘(10) The Federal Government, in partner- uals and Disabilities Education Act (20 ‘‘Sec. 302. Findings; purpose. ship with States and localities, can assist U.S.C. 1400 et seq.) is amended by striking ‘‘Sec. 303. Authorization of appropriations. States and localities to improve and expand out ‘‘Vocational and Applied Technology’’ ‘‘PART A—ADULT EDUCATION AND LITERACY their adult education and literacy programs and inserting in lieu thereof ‘‘Career Prepa- ‘‘Sec. 311. Program Authority; Priorities. through provision of clear performance goals ration’’. ‘‘Sec. 312. State Grants for Adult Education and indicators, increased State and local (c) REHABILITATION ACT OF 1973.—Section and Literacy. flexibility, improved accountability, and in- 101(a)(11)(A) of the Rehabilitation Act of 1973 ‘‘Sec. 313. State Leadership Activities. centives for performance. (29 U.S.C. 701 et seq.) is amended by striking ‘‘Sec. 314. State Administration. ‘‘(11) The Federal Government can also as- out ‘‘Vocational and Applied Technology ‘‘Sec. 315. State Plan. sist States and localities by supporting re- Education Act (20 U.S.C. 2301 et seq.)’’ and ‘‘Sec. 316. Awards to Eligible Applicants. search, development, demonstration, dis- inserting in lieu thereof ‘‘Career Preparation ‘‘Sec. 317. Applications From Eligible Appli- semination, evaluation, capacity-building, Education Act’’. cants. data collection, professional development, (d) DISPLACED HOMEMAKERS SELF-SUFFI- ‘‘Sec. 318. State Performance Goals and Indi- and technical assistance activities that fur- CIENCY ASSISTANCE ACT.—Section 9(a)(2) of cators. ther State and local efforts to improve stu- the displaced Homemakers Self-Sufficiency ‘‘Sec. 319. Evaluation, Improvement, and Ac- dent achievement in adult education and lit- Assistance Act (29 U.S.C. 2301 et seq.) is countability. eracy programs. amended by inserting ‘‘as in effect on the ‘‘Sec. 320. Allotments; Reallotment. ‘‘(b) PURPOSE.—(1) It is the purpose of this day prior to the date of enactment of the Ca- ‘‘PART B—NATIONAL LEADERSHIP title to create a performance partnership that includes the Federal government, reer Preparation Education Reform Act of ‘‘Sec. 331. National Leadership Activities. States, and localities to help provide for 1997 or the State agency or agencies des- ‘‘Sec. 332. Awards for National Excellence. ignated under section 102(a) of the Carl D. ‘‘Sec. 333. National Institute for Literacy. adult education and literacy services so that, Perkins Career Preparation Education Act,’’. as called for in the National Education ‘‘PART C—GENERAL PROVISIONS (e) WAGNER-PEYSER ACT.—Section Goals, all adults who need such services will, 7(c)(2)(A) of the Act of June 6, 1933 (29 U.S.C. ‘‘Sec. 341. Waivers. as appropriate, be able to— 49 et seq.) is amended by striking out ‘‘Voca- ‘‘Sec. 342. Definitions. ‘‘(A) become literate and obtain the knowl- tional and Applied Technology’’ and insert- ‘‘FINDINGS; PURPOSE edge and skills needed to compete in a global ing in lieu thereof ‘‘Career Preparation’’. ‘‘SEC. 302. (a) FINDINGS.—The Congress economy and exercise the rights and respon- (f) EQUITY IN EDUCATIONAL LAND-GRANT finds that: sibilities of citizenship; STATUS ACT OF 1994.—Section 533(c)(4)(A) of ‘‘(1) Our Nation’s well-being is dependent ‘‘(B) complete a high school education; and ‘‘(C) become their children’s first teacher the Equity in Education Land-Grant Status on the knowledge and skills of all of its citi- and remain actively involved in their chil- Act of 1994 (7 U.S.C. 301 note; part C of title zens. dren’s education in order to ensure their V of the Improving America’s Schools Act) is ‘‘(2) Advances in technology and changes in children’s readiness for, and success in, amended by inserting after ‘‘(20 U.S.C. the workplace are rapidly increasing the 2397h(3))’’ a comma and ‘‘as in effect on the school. knowledge and skill requirements for work- ‘‘(2) This purpose shall be pursued by— day prior to the date of enactment of the Ca- ers. ‘‘(A) building on State and local education reer Preparation Education Reform Act of ‘‘(3) Our social cohesion and success in reforms supported by the Goals 2000: Educate 1997.’’. combating poverty, crime, and disease also America Act and other Federal and State (g) TITLE 31, CHAPTER 67, OF THE UNITED depend on the Nation’s having an educated legislation; STATES CODE.—Section 6703(A)(12) of title 31, citizenry. ‘‘(B) consolidating numerous Federal adult United States Code (as added by section 31001 ‘‘(4) There is a strong relationship between education and literacy programs into a sin- of the Violent Crime Control and Law En- parents’ education and literacy and their gle, flexible State grant program; forcement Act of 1994) is amended by strik- children’s educational achievement. The suc- ‘‘(C) tying local programs to challenging ing out ‘‘Vocational and Applied Tech- cess of State and local educational reforms State-developed performance goals that are nology’’ and inserting in lieu thereof ‘‘Career supported by the Goals 2000: Educate Amer- consistent with the purpose of this Act; Preparation’’. ica Act and other programs that State and ‘‘(D) holding States and localities account- (h) NONTRADITIONAL EMPLOYMENT FOR local communities are implementing re- able for achieving such goals; WOMEN ACT.—Section 2(b)(3) of the Nontradi- quires that parents be well educated and pos- ‘‘(E) building program quality through tional Employment for Women Act (29 U.S.C. sess the ability to be a child’s first and most such measures as improving instruction, en- 1501 note) is amended by striking out ‘‘Voca- continuous teacher. couraging greater use of technology in adult

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education and literacy programs, and im- ‘‘STATE GRANTS FOR ADULT EDUCATION AND ‘‘(b) USES OF FUNDS.—(1) States shall use proving the professional development of edu- LITERACY funds under subsection (a) for one or more of cators working in those programs; ‘‘SEC. 312. (a) STATE GRANT.—From the the following— ‘‘(F) integrating adult education and lit- funds available for State grants under sec- ‘‘(A) professional development and train- eracy programs with States’ school-to-work tion 303 for each fiscal year, the Secretary ing; opportunities systems, secondary and post- shall, in accordance with section 320, make a ‘‘(B) developing and disseminating cur- secondary education systems, job training grant to each State that has an approved ricula for adult education and literacy pro- programs, welfare programs, early childhood State plan under section 315, to assist that grams; and elementary school programs, and other State in developing, implementing, and im- ‘‘(C) monitoring and evaluating the quality related activities; proving adult education and literacy pro- of, and improvement in, services and activi- ‘‘(G) supporting State leadership and pro- grams within the State. ties conducted with assistance under this gram improvement efforts; and ‘‘(b) RESERVATION OF FUNDS.—(1) From the part, including establishing performance (H) supporting the improvement of State amount awarded to a State for any fiscal goals and indicators under section 318, in and local activities through nationally sig- year under subsection (a), a State may, sub- order to assess program quality and improve- nificant efforts in research, development, ject to paragraph (2), use up to 18 percent for ment; demonstration, dissemination, evaluation, State leadership activities under section 313 ‘‘(D) establishing State content standards capacity-building, data collection, profes- and the cost of administering its program for adult education and literacy programs; sional development, and technical assist- under this part. ‘‘(E) establishing challenging State per- ance. ‘‘(2) A State may not use more than 5 per- formance standards for literacy proficiency; cent of the amount awarded to it for any fis- ‘‘(F) promoting the integration of literacy ‘‘AUTHORIZATION OF APPROPRIATIONS cal year under subsection (a), or $80,000, instruction and occupational skill training, ‘‘SEC. 303. (a) STATE GRANTS FOR ADULT whichever is greater, for the cost of admin- and linkages with employers; EDUCATION AND LITERACY.—For the purpose istering its program under this part. ‘‘(G) promoting, and providing staff train- of carrying out this title there are author- ‘‘(c) FEDERAL SHARE.—(1) The Federal ing in, the use of instructional and manage- ized to be appropriated $394,000,000 for fiscal share of expenditures to carry out a State ment software and technology; year 1998 and such sums as may be necessary plan under section 315 shall be paid from the ‘‘(H) establishing program and professional for each of the fiscal years 1999 through 2005. State’s grant under subsection (a). development networks to assist in meeting ‘‘(b) RESERVATIONS.—From the amount ap- ‘‘(2) The Federal share shall be no greater the purposes of this Act; propriated for any fiscal year under sub- than 75 percent of the cost of carrying out ‘‘(I) developing and participating in net- section (a), the Secretary shall reserve not the State plan for each fiscal year, except works and consortia of States, and in cooper- more than 5 percent to carry out section that with respect to Guam, American ative Federal-State initiatives, that seek to 318(c)(2) and part B of this Act, of which not Samoa, the Virgin Islands, and the Northern establish and implement adult education and more than 3 percent of the amount appro- Mariana Islands the Federal share may be literacy programs that have significance to priated for any fiscal year after 1999 under 100 percent. the State, region, or Nation; and subsection (a) may be used for awards for na- ‘‘(3) The State’s share of expenditures to ‘‘(J) other activities of Statewide signifi- tional excellence under section 332. carry out a State plan submitted under sec- cance that promote the purposes of this title. ‘‘PART A—ADULT EDUCATION AND LITERACY tion 315 may be in cash or in kind, fairly evaluated, and may include only non-Federal ‘‘(2)(A) beginning in fiscal year 2000, States ‘‘PROGRAM AUTHORITY; PRIORITIES funds that are used for adult education and may use funds under subsection (a) for finan- ‘‘SEC. 311. (a) PROGRAM AUTHORIZED.—In literacy activities in a manner that is con- cial incentives or awards to one or more eli- order to provide adults with the skills they sistent with the purposes of this title. gible recipients in recognition of— need as workers, citizens, and parents, funds ‘‘(d) MAINTENANCE OF EFFORT.—(1) A State ‘‘(i) exemplary quality or innovation in under this part shall be used to support the may receive funds under this part for any fis- adult education or literacy services and ac- development, implementation, and improve- cal year only if the Secretary finds that the tivities; or ment of adult education and literacy pro- amount expended by the State for adult edu- ‘‘(ii) exemplary services and activities for grams at the State and local levels. cation and literacy, in the second preceding individuals who are most in need of such ‘‘(b) PROGRAM PRIORITIES.—In using funds fiscal year, was not less than 90 percent of services and activities, or are hardest to under this part, States and local recipients the amount expended for adult education and serve, such as educationally disadvantaged shall give priority to adult education and lit- literacy, in the third preceding fiscal year. adults and families, immigrants, individuals eracy programs that— ‘‘(2) The Secretary shall reduce the amount with limited English proficiency, incarcer- ‘‘(1) are built on a strong foundation of re- of the allocation of funds to a State under ated individuals, homeless individuals, re- search and effective educational practice; section 320 for any fiscal year in the propor- cipients of public assistance, and individuals ‘‘(2) effectively employ advances in tech- tion to which the State fails to meet the re- with disabilities; or nology, as appropriate, such as using com- quirement of paragraph (1) by expending in ‘‘(iii) both. puters in the classroom and technology that the second preceding fiscal year for adult ‘‘(B) The incentives or awards made under brings learning into the home; education and literacy less than 90 percent of subparagraph (A) shall be determined by the ‘‘(3) provide learning in ‘real life’ contexts, the amount the State expended in the third State using the performance goals and indi- such as work, the family, and citizenship; preceding fiscal year for adult education and cators described in section 318 and, if appro- ‘‘(4) are staffed by well-trained instructors, literacy. priate, other criteria that are consistent counselors, and administrators; ‘‘(3) The Secretary may waive the require- with the purposes of this Act. ‘‘(5) are of sufficient intensity and duration ments of this subsection for one fiscal year ‘‘STATE ADMINISTRATION for participants to achieve substantial learn- only if the Secretary determines that a waiv- ‘‘SEC. 314. (a) STATE EDUCATIONAL AGEN- ing gains, such as by earning a basic skills er would be equitable due to exceptional or CY.—The State educational agency shall be certificate that reflects skills acquisition uncontrollable circumstances, such as a nat- responsible for the administration of serv- and has meaning to employers; ural disaster or an unforeseen and precipi- ices and activities under this part, includ- ‘‘(6) establish measurable goals for client tous decline in the financial resources of the ing— outcomes, such as levels of literacy achieved State. ‘‘(1) the development, submission, and im- and attainment of a high school diploma or ‘‘(4) If the Secretary reduces a State’s allo- plementation of the State plan; its equivalent, that are tied to challenging cation under paragraph (2), or grants a waiv- ‘‘(2) consultation with other appropriate State performance standards for literacy er under paragraph (3), the level of effort re- agencies, groups, and individuals that are in- proficiency; quired under paragraph (1) shall not be re- volved in, or interested in, the development ‘‘(7) coordinate with other available re- duced in the subsequent fiscal year because and implementation of programs assisted sources in the community, such as by estab- of the reduction or waiver. under this title, such as business, industry, lishing strong links with elementary and ‘‘STATE LEADERSHIP ACTIVITIES labor organizations, corrections agencies, secondary schools, postsecondary institu- ‘‘SEC. 313. (a) STATE LEADERSHIP.—(1) Each public housing agencies, and social service tions, one-stop career centers, job training State that receives a grant under section agencies; and programs, and social service agencies; 312(a) for any fiscal year shall use funds re- ‘‘(3) coordination with other State and ‘‘(8) offer flexible schedules and support served for State leadership under section Federal education, training, employment, services (such as child care and transpor- 312(b) to conduct activities of Statewide sig- corrections, public housing, and social serv- tation) that are necessary to enable individ- nificance that develop, implement, or im- ices programs, and one-stop career centers. uals, including adults with disabilities or prove programs of adult education and lit- ‘‘(b) STATE-IMPOSED REQUIREMENTS.— other special needs, to attend and complete eracy, consistent with its State plan under Whenever a State imposes any rule or policy programs; and section 315. relating to the administration and operation ‘‘(9) maintain a high-quality information ‘‘(2) In using funds reserved for State lead- of programs funded by this part (including management system that has the capacity to ership activities, each State shall, to the ex- any rule or policy based on State interpreta- report client outcomes and to monitor pro- tent practicable, avoid duplicating research tion of any Federal law, regulation, or guide- gram performance against the State goals and development efforts conducted by other line), it shall identify the rule or policy as a and indicators. States. State-imposed requirement.

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‘‘STATE PLAN of performance the State expects to achieve make subgrants and contracts, as appro- ‘‘SEC. 315. (a) FOUR-YEAR PLANS.—(1) Each in progressing toward its performance goals priate, to eligible applicants under sub- State desiring to receive a grant under this during the life of the State plan; section (b) to develop, implement, and im- part for any fiscal year shall have the State ‘‘(4) a description of the criteria the State prove adult education and literacy programs educational agency submit to, or have on file will use to award funds under this title to el- within the State. igible applicants under section 316, including with, the Secretary a four-year State plan in ‘‘(2) To the extent practicable, States shall how the State will ensure that its selection accordance with this section. make multi-year awards under this section. of applicants to operate programs assisted ‘‘(2) The State educational agency may ‘‘(b) ELIGIBILITY.—(1) The following enti- under this Part will reflect the program pri- submit the State plan as part of a com- ties shall be eligible to apply to the State for orities under section 311(b) and the findings prehensive plan that includes State plan pro- an award under this section: of program evaluations carried out under ‘‘(A) local educational agencies; visions under one or more of the following section 319(a); ‘‘(B) community-based organizations; statutes: section 14302 of the Elementary and ‘‘(5) a description of how the State will in- ‘‘(C) institutions of higher education; Secondary Education Act of 1965; the Carl D. tegrate services and activities under this ‘‘(D) public and private nonprofit agencies Perkins Career Preparation Education Act of title, including planning and coordination of (including State and local health, social 1997; the Goals 2000: Educate America Act; programs, with those of other agencies, in- service, public housing, public assistance, the Job Training Partnership Act; and the stitutions, and organizations involved in job training, and corrections agencies and School-to-Work Opportunities Act of 1994. adult education and literacy, such as the public libraries); and ‘‘(b) PLAN ASSESSMENT.—(1) In developing public school system, early childhood and ‘‘(E) consortia of such agencies, organiza- the State plan, and any revisions to the special education programs, institutions of tions, institutions, or partnerships, includ- State plan under subsection (e), the State higher education, vocational education pro- ing consortia that include one or more for- educational agency shall base its plan or re- grams, libraries, business and labor organiza- profit agencies, organizations, or institu- visions on a recent, objective assessment of— tions, vocational rehabilitation programs, tions, if such agencies, organizations, or in- ‘‘(A) the needs of individuals in the State one-stop career centers, employment and stitutions can make a significant contribu- for adult education and literacy programs, training programs, and health, social serv- tion to attaining the purposes of this title. including individuals most in need or hardest ices, public assistance, public housing, and ‘‘(2) Each State receiving funds under this to serve (such as educationally disadvan- corrections agencies, in order to ensure ef- part shall ensure that all eligible applicants taged adults and families, immigrants, indi- fective use of funds and to avoid duplication described under subsection (b)(1) receive di- viduals with limited English proficiency, in- of services; rect and equitable access to awards under carcerated individuals, homeless individuals, ‘‘(6) a description of how the State will en- this section. recipients of public assistance, and individ- sure that the data reported to it from its re- ‘‘APPLICATIONS FROM ELIGIBLE APPLICANTS uals with disabilities); and cipients of funds under this part and the data ‘‘SEC. 317. (a) APPLICATION.—Any eligible it reports to the Secretary are complete, ac- ‘‘(B) the capacity of programs and pro- applicant under section 316(b)(1) that desires viders to meet those needs, taking into ac- curate, and reliable; ‘‘(7) a State-wide plan for the leadership a subgrant or contract under this part shall count the priorities under section 311(b) and submit an application to the State con- the State’s performance goals under section activities the State will carry out under sec- tion 313; taining such information and assurances as 318(a). the State may reasonably require, includ- ‘‘(2) In its second 4-year State plan, the ‘‘(8) a description of how the State will provide incentives or rewards for exemplary ing— State educational agency shall also include services and activities under this part, if the ‘‘(1) a description of the applicant’s current in its assessment— State elects to implement the authority au- adult education and literacy programs, if ‘‘(A) an analysis of the State’s performance thorized under section 313(b)(2); any; in progressing toward its performance goals ‘‘(9) any comments the Governor may have ‘‘(2) a description of how funds awarded under the preceding 4-year State plan; and on the State plan; and under this part will be spent; ‘‘(B) any changes in the second 4-year ‘‘(10) assurances that— ‘‘(3) a description of how the applicant’s State plan that have been made based on ‘‘(A) the State will comply with the re- program will help the State address the that analysis. quirements of this part and the provisions of needs identified in the State’s assessment ‘‘(c) PUBLIC PARTICIPATION.—In developing the State plan; and under section 315(b); the State plan, and any revisions under sub- ‘‘(B) the State will use such fiscal control ‘‘(4) the projected goals of the applicant section (e), the State educational agency and accounting procedures as are necessary with respect to participant recruitment, re- shall consult widely with individuals, agen- for the proper and efficient administration of tention, and educational achievement, and cies, organizations, and institutions in the funds under this part. how the applicant will measure and report to State that have an interest in the provision ‘‘(e) PLAN REVISIONS.—When changes in the State regarding the information required and quality of adult education and literacy, conditions or other factors require substan- in section 319(a); and including— tial modifications to an approved State plan, ‘‘(5) any cooperative arrangements the ap- ‘‘(1) individuals who currently participate, the State educational agency shall submit a plicant has with others (including arrange- or who want to participate, in adult edu- revision to the plan to the Secretary. ments with health, social services, public as- cation and literacy programs; ‘‘(f) CONSULTATION.—The State educational sistance, public housing, and corrections ‘‘(2) practitioners and experts in adult edu- agency shall— agencies, libraries, one-stop career centers, ‘‘(1) submit the State plan, and any revi- cation and literacy, social services, and business, industry, labor, and volunteer lit- sion to the State plan, to the Governor for workforce development; review and comment; and eracy organizations) for the delivery of adult ‘‘(3) representatives of business and labor ‘‘(2) ensure that any comments the Gov- education and literacy programs. organizations; and ernor may have are included with the State ‘‘(b) FUNDING.—In determining which appli- ‘‘(4) other agencies, such as volunteer and plan, or revision, when the State plan, or re- cants receive funds under this part, the community-based organizations, State and vision, is submitted to the Secretary. State, in addition to addressing the program local health, social service, public housing, ‘‘(g) PLAN APPROVAL.—(1) The Secretary priorities under section 311(b), shall— public assistance, job training, and correc- shall approve a State plan, or a revision to ‘‘(1) give preference to those applicants tions agencies, and public libraries. an approved State plan, only if the Secretary that serve local areas with high concentra- ‘‘(d) PLAN CONTENTS.—The plan shall be in determines that it meets the requirements of tions of individuals in poverty or with low such form and contain such information and this section and the State’s performance levels of literacy (including English lan- assurances as the Secretary may require, goals and expected level of performance guage proficiency), or both; and and shall include— under subsection (d)(3) are sufficiently rig- ‘‘(2) consider— ‘‘(1) a summary of the methods used to orous as to meet the purposes of this title ‘‘(A) the results, if any, of the evaluations conduct the assessment under subsection (b) and to allow the Department of Education to required under section 319(a); and and the findings of that assessment; make progress toward its performance objec- ‘‘(B) the degree to which the applicant will ‘‘(2) a description of how, in addressing the tives and indicators established pursuant to coordinate with and utilize other literacy needs identified in the State’s assessment, the Government Performance and Results and social services available in the commu- funds under this title will be used to estab- Act. The Secretary shall not finally dis- nity. lish adult education and literacy programs, approve a State plan, or a revision to an ap- ‘‘PERFORMANCE GOALS AND INDICATORS or improve or expand current programs, that proved State plan, except after giving the ‘‘SEC. 318. (a) PERFORMANCE GOALS.—Any will lead to high-quality learning outcomes, State reasonable notice and an opportunity State desiring to receive a grant under sec- including measurable learning gains, for in- for a hearing. tion 312(a), in consultation with individuals, dividuals in such programs; ‘‘(2) The Secretary shall establish a peer agencies, organizations, and institutions de- ‘‘(3) a statement, expressed in terms of the review process to make recommendations re- scribed in section 315(c), shall identify per- performance indicators published by the Sec- garding approval of State plans and revisions formance goals that define the level of stu- retary under section 318(b), and any other to the State plans. dent achievement to be attained by adult performance indicators the State may ‘‘AWARDS TO ELIGIBLE APPLICANTS education and literacy programs, and express choose, of the State’s performance goals es- ‘‘SEC. 316. (a). AWARDS.—(1) From funds such goals in an objective, quantifiable, and tablished under section 318(a) and the level available under section 312, States shall measurable form.

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‘‘(b) PERFORMANCE INDICATORS.—(1) After in such form, as the Secretary may reason- the preceding fiscal year for programs under consultation with States, local educational ably require, in order to ensure the collec- this part. agencies, service providers, representatives tion of uniform national data. ‘‘(2) If for any fiscal year the amount avail- of business and industry, institutions of ‘‘(3) The State educational agency shall able for allotment under this section is in- higher education, and other interested par- make available to the public its State plan sufficient to satisfy the provisions of para- ties, the Secretary shall publish in the Fed- under section 315 and its annual report under graph (1), the Secretary shall ratably reduce eral Register performance indicators (includ- this subsection. the payments to all States for such services ing the definition of relevant terms) de- ‘‘(d) TECHNICAL ASSISTANCE.—If the Sec- and activities as necessary. scribed in paragraph (2) that States and local retary determines that the State is not prop- ‘‘(c) REALLOTMENT.—If the Secretary deter- recipients shall use in measuring or assess- erly implementing its responsibilities under mines that any amount of a State’s allot- ing progress toward achieving the State’s subsection (b), or is not making substantial ment under this section for any fiscal year performance goals under subsection (a). progress in meeting the purposes of this will not be required for carrying out the pro- ‘‘(2) The Secretary shall publish perform- title, based on the performance goals and in- gram for which such amount has been allot- ance indicators for programs assisted under dicators and expected level of performance ted, the Secretary shall make such amount this part in the following areas: included in its State plan under section available for reallotment to one or more ‘‘(A) achievement in the areas of reading, 315(d)(3), the Secretary shall work with the other States or the basis that the Secretary English language acquisition, and numeracy; State to implement improvement activities. determines would best serve the purposes of ‘‘(B) receipt of a high school diploma or its ‘‘(e) WITHHOLDING OF FEDERAL FUNDS.—If, this title. Any amount reallotted to a State equivalent; after a reasonable time, but not earlier than under this subsection shall be deemed to be ‘‘(C) entry into a postsecondary school, job one year after implementing activities de- part of its allotment for the fiscal year in training program, employment, or career ad- scribed in subsection (d), the Secretary de- which it is obligated. vancement; and termines that the State is not making suffi- ‘‘PART B—NATIONAL LEADERSHIP ‘‘(D) such other indicators as are deter- cient progress, based on its performance mined by the Secretary. goals and indicators and expected level of ‘‘NATIONAL LEADERSHIP ACTIVITIES ‘‘(c) TECHNICAL ASSISTANCE.—(1) The Sec- performance included in its State plan under ‘‘SEC. 331. (a) AUTHORITY.—From the retary shall provide technical assistance to section 315(d)(3), the Secretary shall, after amount reserved under section 303(b) for any States regarding the development of— notice and opportunity for a hearing, with- fiscal year, the Secretary is authorized to es- ‘‘(A) the State’s performance goals under hold from the State all, or a portion, of the tablish a program of national leadership and subsection (a); and State’s allotment under this part. The Sec- evaluation activities to enhance the quality ‘‘(B) uniform national performance data. of adult education and literacy nationwide. ‘‘(2) The Secretary may use funds reserved retary may use funds withheld under the pre- ‘‘(b) METHOD OF FUNDING.—The Secretary under section 303(b) to provide technical as- ceding sentence to provide, through alter- may carry out national leadership and eval- sistance under this section. native arrangements, services and activities within the State that meet the purposes of uation activities directly or through grants, ‘‘EVALUATION, IMPROVEMENT, AND this title. contracts, and cooperative agreements. ACCOUNTABILITY ‘‘(c) USES OF FUNDS.—Funds reserved under ‘‘ALLOTMENTS; REALLOTMENT ‘‘SEC. 319. (a) LOCAL EVALUATION.—The this section may be used for— adult education and literacy programs of ‘‘SEC. 320. (a) ALLOTMENT TO STATES.—(1) ‘‘(1) research and development, such as es- each recipient of a subgrant or contract From the funds available under section 312(a) timates of the numbers of adults functioning under this part shall be evaluated biennially, for each fiscal year, the Secretary shall allot at the lowest levels of literacy proficiency; using the performance goals and indicators to the Commonwealth of Puerto Rico, Guam, ‘‘(2) demonstration of model and innova- established under section 318, and the recipi- American Samoa, the Northern Mariana Is- tive programs, such as the development of ent shall report to the State regarding the lands, and the Virgin Islands, the amount models for basic skill certificates, identifica- effectiveness of its programs in addressing that each would have been allotted under tion of effective strategies for working with the priorities under section 311 and the needs section 313(b) of the Adult Education Act as adults with learning disabilities and with identified in the State assessment under sec- it was in effect the day before the enactment limited English proficient adults, and devel- tion 315(b). of the Adult Basic Education and Literacy opment of case studies of family literacy and ‘‘(b) IMPROVEMENT ACTIVITIES.—If, after re- for the Twenty-First Century Act. workplace literacy programs; viewing the reports required in subsection ‘‘(2) From the remainder of such sums, the ‘‘(3) dissemination, such as information on (a), a State determines, based on the per- Secretary shall allot— promising practices resulting from federally formance goals and indicators and expected ‘‘(A) $250,000 to each of the States; and funded demonstration programs; level of performance included in its State ‘‘(B) from the remainder— ‘‘(4) evaluations and assessments, such as ‘‘(i) 95 percent of such remainder to each of plan under section 315(d)(3), and the evalua- periodic independent evaluations of services the States in an amount that bears the same tions under subsection (9), that a recipient is and activities assisted under this title an as- ratio to such amount as the number of adults not making substantial progress in achieving sessments of the condition and progress of in the State who are 16 years of age or older the purposes of this title, the State may literacy in the United States; and not enrolled, or required to be enrolled, work jointly with the recipient to develop an ‘‘(5) efforts to support capacity building at in secondary school and who do not possess a improvement plan. If, after not more than the State and local levels, such as technical high school diploma or its equivalent, bears two years of implementation of the improve- assistance in program planning, assessment, to the number of such adults in all the ment plan, the State determines that the re- evaluation, and monitoring of programs States; and cipient is not making substantial progress, under this title; ‘‘(ii) 5 percent of such remainder to each of the State shall take whatever corrective ac- ‘‘(6) data collection, such as improvement the States in an amount that bears the same tion it deems necessary, which may include of both local and State data systems through ratio to such amount as the number of adults termination of funding or the implementa- technical assistance and development of with limited English proficiency in the State tion of alternative service arrangements, model performance data collection systems; bears to the number of such adults in all the consistent with State law. The State shall ‘‘(7) professional development, such as States. take corrective action under the preceding technical assistance activities to advance ef- ‘‘(3) The numbers of adults specified in sentence only after it has provided technical fective training practices, identify profes- paragraph (2)(B) shall be determined by the assistance to the recipient and shall ensure, sional development projects, and dissemi- Secretary, using the latest estimates, satis- to the extent practicable, that any correc- nate new findings in adult education train- factory to the Secretary, that are based on tive action it takes allows for continued ing; the U.S. population demographic data pro- services to and activities for the recipient’s ‘‘(8) technical assistance, such as endeav- duced and published by the Bureau of the students. ors that aid distance learning, promote and Census. ‘‘(c) STATE REPORT.—(1) The State edu- improve the use of technology in the class- ‘‘(b) HOLD-HARMLESS.—(1) Notwithstanding cational agency shall report annually to the room, and assist States in meeting the pur- subsection (a)— Secretary on— poses of this title; and ‘‘(A) for fiscal year 1998, no State shall re- ‘‘(A) the quality and effectiveness of the ‘‘(9) other activities designed to enhance ceive under this part an allotment that is adult education and literacy programs fund- the quality of adult education and literacy less than 90 percent of the payments made to ed through its subgrants and contracts under nationwide. this part, based on the performance goals the State for the fiscal year 1997 for pro- and indicators and the expected level of per- grams authorized by section 313 of the Adult ‘‘AWARDS FOR NATIONAL EXCELLENCE formance included in its State plan under Education Act as it was in effect prior to the ‘‘SEC. 332. The Secretary may, from the section 315(d)(3), and the needs identified in enactment of the Adult Basic Education and amount reserved under section 303(b) for any the State assessment under section 315(b); Literacy for the Twenty-First Century Act; fiscal year after fiscal year 1999, and through and and a peer review process, make performance ‘‘(B) its State leadership activities under ‘‘(B) for fiscal year 1999 and each suc- awards to one or more States that have— section 313. ceeding fiscal year, no State shall receive ‘‘(1) exceeded in an outstanding manner ‘‘(2) The State educational agency shall in- under this part an allotment that is less their performance goals or expected level of clude in such reports such information, and than 90 percent of the amount it received for performance under section 315(d)(3);

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7009 ‘‘(2) made exemplary progress in devel- measuring progress toward the National term for which the member’s predecessor oping, implementing, or improving their Education Goals, as established by P.L. 103– was appointed shall be appointed only for the adult education and literacy programs in ac- 227; remainder of that term. A member may cordance with the priorities described in sec- ‘‘(F) coordinate and share information serve after the expiration of that members’ tion 311; or with national organizations and associations term until a successor has taken office. ‘‘(3) provided exemplary services and ac- that are interested in literacy and workforce ‘‘(4) The Chairperson and Vice Chairperson tivities for those individuals within the development; of the Board shall be elected by the mem- State who are most in need of adult edu- ‘‘(G) inform the development of policy with bers. cation and literacy services, or are hardest respect to literacy and basic skills; and ‘‘(5) The Board shall meet at the call of the to serve. ‘‘(H) undertake other activities that lead Chairperson or a majority of its members. ‘‘NATIONAL INSTITUTE FOR LITERACY to the improvement of the Nation’s literacy ‘‘(f) GIFTS, BEQUESTS, AND DEVISES.—(1) delivery system and that complement other The Institute may accept, administer, and ‘‘SEC. 333. (a) PURPOSE.—The National In- such efforts being undertaken by public and use gifts or donations of services, money, or stitute for Literacy shall— private agencies and organizations. property, whether real or personal, tangible ‘‘(1) provide national leadership; ‘‘(2) The Institute may enter into contracts or intangible. ‘‘(2) coordinate literacy services; and or cooperative agreements with, or make ‘‘(2) The responsible official shall establish ‘‘(3) be a national resource for adult edu- grants to, individuals, public or private in- written rules setting forth the criteria to be cation and family literacy, by providing the stitutions, agencies, organizations, or con- used by the Institute in determining whether best and most current information available sortia of such institutions, agencies, or orga- the acceptance of contributions of services, and supporting the creation of new ways to nizations to carry out the activities of the money, or property whether real or personal, offer improved services. Institute. Such grants, contracts, or agree- tangible or intangible, would reflect unfavor- ‘‘(b) ESTABLISHMENT.—(1) There shall be a ments shall be subject to the laws and regu- ably upon the ability of the Institute or any National Institute for Literacy (in this sec- lations that generally apply to grants, con- employee to carry out its responsibilities or tion referred to as the ‘Institute’). The Insti- tracts, or agreements entered into by Fed- official duties in a fair and objective manner, tute shall be administered under the terms eral agencies. or would compromise the integrity or the ap- of an interagency agreement entered into by ‘‘(d) LITERACY LEADERSHIP.—(1) The Insti- pearance of the integrity of its programs or the Secretary with the Secretary of Labor tute may, in consultation with the Board, any official involved in those programs. and the Secretary of Health and Human award fellowships, with such stipends and al- ‘‘(g) MAILS.—The Board and the Institute Services (in this section referred to as the lowances that the Director considers nec- may use the United States mails in the same ‘Interagency Group’). The Secretary may in- essary, to outstanding individuals pursuing manner and under the same conditions as clude in the Institute any research and de- careers in adult education or literacy in the other departments and agencies of the velopment center, institute, or clearing- areas of instruction, management, research, United States. house established within the Department of or innovation. ‘‘(h) STAFF.—The Interagency Group, after Education whose purpose is determined by ‘‘(2) Fellowships awarded under this sub- considering recommendations made by the the Secretary to be related to the purpose of section shall be used, under the auspices of Board, shall appoint and fix the pay of a di- the Institute. the Institute, to engage in research, edu- rector. ‘‘(2) The Interagency Group shall consider cation, training, technical assistance, or ‘‘(i) APPLICABILITY OF CERTAIN CIVIL SERV- the recommendations of the National Insti- other activities to advance the field of adult ICE LAWS.—The Director and staff of the In- tute for Literacy Advisory Board (the education or literacy, including the training stitute may be appointed without regard to ‘Board’) under subsection (e) in planning the of volunteer literacy providers at the na- the provisions of title 5, United States Code, goals of the Institute and in the implementa- tional, State, or local level. governing appointments in the competitive tion of any programs to achieve such goals. ‘‘(3) The Institute, in consultation with the service, and may be paid without regard to The daily operations of the Institute shall be Board, is authorized to award paid and un- the provisions of chapter 51 and subchapter carried out by the Director. paid internships to individuals seeking to as- III of chapter 53 of that title relating to clas- ‘‘(c) DUTIES.—(1) In order to provide leader- sist in carrying out the Institute’s mission sification and General Schedule pay rates, ship for the improvement and expansion of and to accept assistance from volunteers. except that an individual so appointed may the system for delivery of literacy services, ‘‘(e) NATIONAL INSTITUTE FOR LITERACY AD- not receive pay in excess of the annual rate the Institute is authorized to— VISORY BOARD.—(1)(A) There shall be a Na- of basic pay payable for level IV of the Exec- ‘‘(A) establish a national electronic data tional Institute for Literacy Advisory Board, utive Schedule. base of information that disseminates infor- which shall consist of 10 individuals ap- ‘‘(j) EXPERTS AND CONSULTANTS.—The In- mation to the broadest possible audience pointed by the President. stitute may procure temporary and intermit- within the literacy and basic skills field, and ‘‘(B) The Board shall comprise individuals tent services under section 3109(b) of title 5, that includes— who are not otherwise officers or employees United States Code. ‘‘(i) effective practices in the provision of of the Federal Government and who are rep- ‘‘(k) REPORT.—The Institute shall submit a literacy and basic skills instruction, includ- resentative of such entities as— biennial report to the Interagency Group and ing the integration of such instruction with ‘‘(i) literacy organizations and providers of the Congress. occupational skills training; literacy services, including nonprofit pro- ‘‘(l) NONDUPLICATION.—The Institute shall ‘‘(ii) public and private literacy and basic viders, providers of English as a second lan- not duplicate any functions carried out by skills programs and Federal, State, and local guage programs and services, social service the Secretaries of Education, Labor, and policies affecting the provision of literacy organizations, and providers receiving assist- Health and Human Services under this title. services at the national, State, and local ance under this title; This subsection shall not be construed to levels; ‘‘(ii) businesses that have demonstrated in- prohibit the Secretaries from delegating ‘‘(iii) opportunities for technical assist- terest in literacy programs; such functions to the Institute. ance, meetings, conferences, and other op- ‘‘(iii) literacy students, including those ‘‘(m) FUNDING.—Any amounts appropriated portunities that lead to the improvement of with disabilities; to the Secretary, the Secretary of Labor, the literacy and basic skills services; and ‘‘(iv) experts in the area of literacy re- Secretary of Health and Human Services, or ‘‘(iv) a communication network for lit- search; any other department that participates in eracy programs, providers, social service ‘‘(v) State and local governments; the Institute for purposes that the Institute agencies, and students; ‘‘(vi) State Directors of adult education; is authorized to perform under this section ‘‘(B) coordinate support for the provision and may be provided to the Institute for such of literacy and basic skills services across ‘‘(vii) labor organizations. purposes. Federal agencies and at the State and local ‘‘(2) The Board shall— ‘‘PART C—GENERAL PROVISIONS levels; ‘‘(A) make recommendations concerning ‘‘(C) coordinate the support of research and the appointment of the Director and staff of ‘‘WAIVERS development on literacy and basic skills in the Institute; and ‘‘SEC. 341. (a) REQUEST FOR WAIVER.—A families and adults across Federal agencies, ‘‘(B) provide independent advice on the op- State educational agency may request, on its especially with the Office of Educational Re- eration of the Institute. own behalf or on behalf of a local recipient, search and Improvement in the Department ‘‘(3)(A) Appointments to the Board made a waiver by the Secretary of one or more of Education, and carry out basic and applied after the date of enactment of the Adult statutory or regulatory provisions described research and development on topics that are Basic Education and Literacy for the Twen- in subsection (c) in order to carry out adult not being investigated by other organiza- ty-First Century Act shall be for three-year education and literacy programs under part tions or agencies; terms, except that the initial terms for A more effectively. ‘‘(D) collect and disseminate information members may be established at one, two, or ‘‘(b) GENERAL AUTHORITY.—(1) Except as on methods of advancing literacy that show three years in order to establish a rotation provided in subsection (d), the Secretary great promise; in which one-third of the members are se- may waive any requirement of a statute list- ‘‘(E) work with the National Education lected each year. ed in subsection (c), or of the regulations Goals Panel, assist local, State, and national ‘‘(B) Any member appointed to fill a va- issued under that statute, for a State that organizations and agencies in making and cancy occurring before the expiration of the requests such a waiver—

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7010 CONGRESSIONAL RECORD — SENATE July 8, 1997 ‘‘(A) if, and only to the extent that, the ‘‘(1) except under section 320(a)(2)(B)(ii), TITLE II—EFFECTIVE DATE; Secretary determines that such requirement the term ‘adult’ means an individual who is TRANSITION impedes the ability of the State or a 16 years of age, or beyond the age of compul- EFFECTIVE DATE subgrant or contract recipient under part A sory school attendance under State law, and SEC. 201. This Act shall take effect on July to carry out adult education and literacy who is not enrolled, or required to be en- 1, 1998. programs or activities in an effective man- rolled, in secondary school; TRANSITION ner; ‘‘(2) the term ‘adult education’ means serv- ‘‘(B) if the State waives, or agrees to ices or instruction below the college level for SEC. 202. Notwithstanding any other provi- waive, any similar requirements of State adults who— sions of law— (1) upon enactment of the Adult Basic Edu- law; ‘‘(A) lack sufficient education or literacy cation and Literacy for the Twenty-First ‘‘(C) if, in the case of a statewide waiver, skills to enable them to function effectively Century Act, a State or local recipient of the State— in society; or funds under the Adult Education Act as it ‘‘(i) has provided all subgrant or contract ‘‘(B) do not have a certificate of graduation was in effect prior to the enactment of the recipients under part A in the State with no- from a school providing secondary education and who have not achieved an equivalent Adult Basic Education and Literacy for the tice of, and an opportunity to comment on, Twenty-First Century Act, may use any such the State’s proposal to request a waiver; and level of education; ‘‘(3) the term ‘community-based organiza- unexpended funds to carry out services and ‘‘(ii) has submitted the comments of such tion’ means a private nonprofit organization activities that are authorized by the Adult recipients to the Secretary; and that is representative of a community or sig- Education Act or part A of the Adult Basic ‘‘(D) if the State provides such information nificant segments of a community and that Education and Literacy Act; and as the Secretary reasonably requires in order provides education, vocational rehabilita- (2) a State or local recipient of funds under to make such determinations. tion, job training, or internship services and part A of the Adult Basic Education and Lit- ‘‘(2) The Secretary shall act promptly on programs; eracy Act for the fiscal year 1998 may use any request submitted under paragraph (1). ‘‘(4) the term ‘individual of limited English such funds to carry out services and activi- ‘‘(3) Each waiver approved under this sub- proficiency’ means an adult or out-of-school ties that are authorized either by such part section shall be for a period not to exceed youth who has limited ability in speaking, or were authorized by the Adult Education five years, except that the Secretary may ex- reading, writing, or understanding the Act as it was in effect prior to the enactment tend such period if the Secretary determines English language and— of the Adult Basic Education and Literacy that the waiver has been effective in ena- ‘‘(A) whose native language is a language for the Twenty-First Century Act. bling the State to carry out the purposes of other than English; or TITLE III—REPEALS OF OTHER ACTS this title. ‘‘(B) who lives in a family or community REPEALS ‘‘(c) EDUCATION PROGRAMS.—The statutes environment where language other than subject to the waiver authority of the Sec- English is the dominant language; SEC. 301. (a) NATIONAL LITERACY ACT.—The retary under this section are— ‘‘(5) the term ‘institution of higher edu- National Literacy Act of 1991 (20 U.S.C. 1201 ‘‘(1) this title; cation’ means any such institution as de- et seq.) is repealed. ‘‘(2) part A of title I of the Elementary and fined by section 1201(a) of the Higher Edu- (b) GRANTS TO STATES FOR WORKPLACE AND Secondary Education Act of 1965 (author- cation Act of 1965; COMMUNITY TRANSITION TRAINING FOR INCAR- izing programs and activities to help dis- ‘‘(6) the term ‘literacy’ means an individ- CERATED YOUTH OFFENDERS.—Part E of title advantaged children meet high standards); ual’s ability to read, write, and speak in X of the Higher Education Act of 1965 (20 ‘‘(3) part B of title II of the Elementary English, and compute and solve problems at U.S.C. 1135g) is repealed. and Secondary Education Act of 1965 (Dwight levels of proficiency necessary to function on D. Eisenhower Professional Development the job and in society, to achieve one’s goals, By Mr. LAUTENBERG (for him- Program); and develop one’s knowledge and potential; self, Mr. GRAHAM, Mr. KENNEDY, ‘‘(4) title VI of the Elementary and Sec- ‘‘(7) the term ‘local educational agency’ Mrs. BOXER, Mr. MOYNIHAN, Mr. ondary Education Act of 1965 (Innovative means a public board of education or other TORRICELLI, and Mrs. MURRAY): Education Program Strategies); public authority legally constituted within a S. 995. A bill to amend title 18, ‘‘(5) part C of title VII of the Elementary State for either administrative control or di- United States Code, to prohibit certain and Secondary Education Act of 1965 (Emer- rection of, or to perform a service function interstate conduct relating to exotic for, public elementary or secondary schools gency Immigrant Education Program); animals; to the Committee on the Judi- ‘‘(6) the School-to-Work Opportunities Act in a city, county, township, school district, of 1994, but only with the concurrence of the or other political subdivision of a State, or ciary. Secretary of Labor; and such combination of school districts or coun- THE CAPTIVE EXOTIC ANIMAL PROTECTION ACT ‘‘(7) the Carl D. Perkins Career Prepara- ties as are recognized in a State as an admin- OF 1997 tion Education Act of 1997. istrative agency for its public elementary or Mr. LAUTENBERG. Mr. President, ‘‘(d) WAIVERS NOT AUTHORIZED.—The Sec- secondary schools, except that, if there is a today I am introducing legislation to retary may not waive any statutory or regu- separate board or other legally constituted prevent the cruel and unsporting prac- latory requirement of the programs listed in local authority having administrative con- tice of ‘‘canned’’ hunting, or caged subsection (c) relating to— trol and direction of adult education in pub- kills. I am pleased to be joined by Sen- ‘‘(1) the basic purposes or goals of the af- lic schools therein, such term means such ators GRAHAM, KENNEDY, BOXER, MOY- fected programs; other board or authority; ‘‘(2) maintenance of effort; ‘‘(8) the term ‘public housing agency’ NIHAN, TORRICELLI, and MURRAY. ‘‘(3) comparability of services; means a public housing agency as defined in In a canned hunt, a customer pays to ‘‘(4) the equitable participation of students section 3(b)(6) of the United States Housing shoot a captive exotic animal on a attending private schools; Act of 1937 (42 U.S.C. 1437a(b)(6)); small game ranch where the animal ‘‘(5) parental participation and involve- ‘‘(9) the term ‘Secretary’ means the Sec- typically is trapped inside a fenced-in ment; retary of Education; enclosure. The enclosed space prevents ‘‘(6) the distribution of funds to States or ‘‘(10) the term ‘State’ means each of the 50 States and the District of Columbia, the the animal from escaping and making to local recipients; it an easy prey. The so-called hunter ‘‘(7) the eligibility of an individual for par- Commonwealth of Puerto Rico, Guam, Amer- ticipation in the affected programs; ican Samoa, the Northern Mariana Islands, returns home with the animal’s head to ‘‘(8) public health or safety, labor stand- and the Virgin Islands, except that for pur- mount on his or her wall and the ranch ards, civil rights, occupational safety and poses of section 320(a)(2) the term shall not owner collects a large fee. No hunting, health, or environmental protection; or include the Commonwealth of Puerto Rico, tracking or shooting skills are re- ‘‘(9) prohibitions or restrictions relating to Guam, American Samoa, the Northern Mar- quired. The animals are easy targets the construction of buildings or facilities. iana Islands, and the Virgin Islands; and ‘‘(11) the term ‘State educational agency’ because they typically are friendly to ‘‘(e) TERMINATION OF WAIVERS.—The Sec- means the State board of education or other humans, having spent years in cap- retary shall periodically review the perform- agency or officer primarily responsible for tivity, and having been cared for and ance of any State or local recipient for which the State supervision of public elementary the Secretary has granted a waiver under fed by the canned hunt ranch owners. and secondary schools, or, if there is a sepa- this section and shall terminate such waiver There are reported to be more than rate State agency or officer primarily re- if the Secretary determines that the per- 1,000 canned hunting operations in the sponsible for supervision of adult education formance of the State affected by the waiver United States. At these ranches, a cus- in public schools, then such agency or officer has been inadequate to justify a continu- tomer can, for example, ‘‘hunt’’ a may be designated for the purposes of this ation of the waiver, or the State fails to title by the Governor or by State law. If no Dama gazelle for $3,500, a Cape Buffalo waive similar requirements of State law in agency or officer qualifies under the pre- for $6,000 or a Red Deer for $6,000. The accordance with subsection (b)(1)(B). ceding sentence, such term shall mean an ap- rarer the animal, the higher the price. ‘‘DEFINITIONS propriate agency or officer designated for My bill is similar to legislation I in- ‘‘SEC. 342. For the purposes of this title— the purposes of this title by the Governor.’’. troduced in the 104th Congress, S. 1493.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7011 It is directed only at true canned arm. Then I urge you to join me in sup- Our great American leader, Abraham hunts. It does not affect cattle ranch- port of this legislation which will put Lincoln, wrote over 140 years ago, in ing, the hunting or breeding of any ani- an end to this needless suffering. 1840: ‘‘Discourage litigation. Persuade mals that live in the wild in the United Mr. President, I ask unanimous con- your neighbors to compromise when- States, rodeos, livestock shows, petting sent that the text of the bill be printed ever you can.’’ That is exactly what zoos, or horse or dog racing. It merely in the RECORD. these two bills are designed to do. bans the procuring and transport of There being no objection, the bill was For over 20 years now, all three non-native, exotic mammals for the ordered to be printed in the RECORD, as branches have looked for ways to al- purpose of shooting them for entertain- follows: leviate the courts’ crowded docket and ment, or to collect a trophy. The bill S. 995 to enable a civil litigant to have his would not affect larger ranches, where Be it enacted by the Senate and House of Rep- complaint heard in a more expedient animals have some opportunity to es- resentatives of the United States of America in fashion. In 1976, in search of alter- cape hunters. Nor does the bill affect Congress assembled, natives, Chief Justice Burger convened the hunting of any animals that live in SECTION 1. SHORT TITLE. the Pound Conference on the Causes of the wild in the United States. This Act may be cited as the ‘‘Captive Ex- Popular Dissatisfaction with the Ad- Many hunters believe that canned otic Animal Protection Act of 1997’’. ministration of Justice and asked its hunts are unethical and make a mock- SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC members: ‘‘Isn’t there a better way?’’ ANIMALS FOR PURPOSES OF KILL- ery of their sport. For example, the There is, and that way is called alter- ING OR INJURING THEM. native dispute resolution. Most State Boone and Crockett Club, a hunting or- (a) IN GENERAL.—Chapter 3 of title 18, and Federal bar associations now have ganization founded by Teddy Roo- United States Code, is amended by adding at alternative dispute resolution commit- sevelt, has called canned hunts ‘‘un- the end the following: tees. Some have even elevated consid- fair’’ and ‘‘unsportsmanlike.’’ Bill Bur- ‘‘§ 48. Exotic animals eration of ADR approaches to a matter ton, the former outdoors writer for the ‘‘(a) PROHIBITION.—Whoever, in or affecting of professional ethics or its equivalent. Baltimore Sun and a hunter, testifying interstate or foreign commerce, knowingly Almost all law schools across the coun- last year in support of this legislation, transfers, transports, or possesses a confined try now offer their students classes in stated, ‘‘There is a common belief that exotic animal, for the purposes of allowing ADR. Many graduate programs, espe- the hunting of creatures which have no the killing or injuring of that animal for en- tertainment or for the collection of a trophy, cially business schools, have added reasonable avenue to escape is not up shall be fined under this title, imprisoned ADR courses to their curriculum. And to traditional standards. Shooting not more than 1 year, or both. numerous legal and business publica- game in confinement is not within ‘‘(b) DEFINITIONS.—In this section— tions are committed exclusively to the ‘‘(1) the term ‘confined exotic animal’ these standards.’’ topic of alternative dispute resolution. Canned hunts also are strongly op- means a mammal of a species not histori- cally indigenous to the United States, that Contracts, be they between nations, posed by animal protection groups. As major corporations, or even private in- the Humane Society of the United has been held in captivity for the shorter of— dividuals, now more often than not in- States has said about animals in ‘‘(A) the greater part of the life of the ani- clude arbitration clauses. There are nu- canned hunts, ‘‘the instinct to flee, mal; or merous professional and trade associa- their greatest natural defense, has been ‘‘(B) a period of 1 year; tions under the umbrella of alternative replaced by trust—trust that is re- whether or not the defendant knew the dispute resolution. ADR is not a legal length of the captivity; and warded with a cruel and brutal death.’’ vogue, nor is it second-class justice. Indeed, many animals killed in canned ‘‘(2) the term ‘captivity’ does not include any period during which an animal— ADR is an intelligent and efficient al- hunts suffer immeasurably as they re- ‘‘(A) lives as it would in the wild, surviving ternative to litigation, and it is a way ceive shot after shot to non-vital or- primarily by foraging for naturally occur- to ensure that civil matters can be gans. This practice is intended to pre- ring food, roaming at will over an open area handled as quickly as possible with low serve the head and chest regions intact of not less than 1,000 acres; and cost to the parties and with an out- so that the animals will make more at- ‘‘(B) has the opportunity to avoid hunt- standing settlement and satisfaction tractive trophies. ers.’’. (b) CLERICAL AMENDMENT.—The analysis rate among all entities involved. Arbi- The practice of keeping captive ani- tration in particular combines proce- mals for canned hunts may also pose a for chapter 3 of title 18, United States Code, is amended by adding at the end the fol- dural protections with the informality danger to native wildlife or livestock if lowing: necessary for parties to discuss their the captive animals escape. John ‘‘48. Exotic animals.’’. positions in a manner that promotes Talbott, acting director of the Wyo- settlement and allows for a detailed ex- ming Department of Fish and Game, By Mr. GRASSLEY (for himself ploration of the issues. stated that ‘‘Tuberculosis and other and Mr. SPECTER): In 1990, Congress enacted bills to au- disease documented among game ranch S. 996. A bill to provide for the au- thorize implementation of ADR pro- animals in surrounding States’’ pose thorization of appropriations in each grams throughout the administrative ‘‘an extremely serious threat to Wyo- fiscal year for arbitration in U.S. dis- agency apparatus and to ask Federal ming’s native big game.’’ This is one trict courts; to the Committee on the courts to consider ADR as a means to reason why Wyoming has banned Judiciary. reduce cost. For example, on November canned hunts. Other States that have By Mr. GRASSLEY: 15, 1990, President Bush signed into law banned these hunts include California, S. 997. A bill to amend chapter 44 of a bill which I introduced called the Ad- Connecticut, Georgia, Maryland, Mas- title 28, United States Code, to author- ministrative Dispute Resolutions Act. sachusetts, Nevada, New Jersey, North ize the use of certain arbitration proce- This act authorized and promoted the Carolina, Rhode Island, and Wisconsin. dures in all district courts, to modify use of alternative dispute resolution by Unfortunately, in most States, the damage limitation applicable to Federal Government agencies. canned hunts are largely unregulated. cases referred to arbitration, and for Almost immediately, the success of The lack of State laws, and the fact other purposes; to the Committee on the bill became evident. In 1992, for ex- that many of these animals move in the Judiciary. ample, agencies reported that over 70 interstate commerce, make Federal ARBITRATION LEGISLATION percent of the disputes submitted to legislation necessary. Mr. GRASSLEY. Mr. President, I rise ADR reached settlement. Often mere I urge my colleagues who want to un- at this time to introduce two bills. discussion of what ADR techniques to derstand the cruelty involved in a Both bills are designed to encourage apply led to agreement between the canned hunt to visit my office and view what is known in the legal world as ar- parties. Last year, in a unified showing a videotape of an actual canned hunt. bitration, which is a type of alter- of support for the idea of ADR, includ- You will witness a defenseless Corsican native dispute resolution and a means ing arbitration, we permanently reau- ram, cornered near a fence, being shot of settling differences instead of liti- thorized that 1990 act. 1990 also saw the over and again with arrows, and clearly gating them in the costly environment passage of the Negotiated Rulemaking experiencing an agonizing death, then and adversarial environment of the Act, which authorized the use of nego- only to be dealt a final blow by a fire- courts. tiated rulemaking as an alternative to

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7012 CONGRESSIONAL RECORD — SENATE July 8, 1997 adversarial rulemaking in Federal A majority of the attorneys involved than adjudication, is the goal. And agencies, and the Civil Justice Reform in arbitration cases agreed that refer- when all is said and done, unlike after Act, which required every Federal dis- ring the case to the program directly a trial, the parties on opposite sides of trict court to develop a civil justice ex- resulted in earlier settlement discus- the table often still have some type of pense and delay reduction plan. sions and, most important, in avoiding positive relationship. To test the ADR waters in the article litigation. For the parties involved, On top of that, the process is private, III courts, in 1988, Congress amended that means their issues were resolved unlike the public trial. In such a pri- the Judiciary and Judicial Procedure from 2 to 18 months sooner than if the vate, somewhat informal setting, the Act and authorized pilot programs in 20 case had gone to trial. In the Eastern parties involved have much more flexi- Federal district courts. The amend- District of Pennsylvania, as an exam- bility, not only regarding procedure ment made court-annexed, nonbinding ple, the median time until a dispute is but also remedies. Generally, as we arbitration mandatory in 10 districts resolved through ADR is 5 months. know, an article III court in a civil and voluntary in the other 10. The re- Only 7 percent of the district’s arbitra- matter will limit remedies to a dollar sults are in, and they are more than tion cases lasted beyond 9 months and figure. Arbitration can go beyond that. encouraging. Therefore, the first bill I the percentage of cases tried de novo is Often all a plaintiff wants might be an am introducing today will permanently less than 10 percent. apology, or the injured worker who extend authorization of these pilot pro- Litigants, attorneys, and judges all can’t perform his job any more just grams so that these courts can con- are more than laudatory of the pro- wants another job. Arbitration can tinue to provide litigants with efficient gram’s results. As a matter of fact, give a party those results. and successful alternatives to trial. positive reaction could be documented Arbitration is a legal concept that Senator SPECTER, whose own home almost as soon as the program was im- makes sense, saves time, and saves State of Pennsylvania has participated plemented. A 1990 report by the Federal money. As a matter of fact, the East- in this program, is joining me in this Judicial Center illustrates this point. ern District of Pennsylvania, one of the effort. Over half of the Nation’s 94 districts Over 80 percent of the litigants sur- pilot programs, estimates that arbitra- currently offer some type of alter- veyed praised the fairness of the ADR tion has produced a 5-to-1 savings in native dispute resolution. This number process; 84 percent of attorneys sur- private and public costs. seems low, and the reason for that is veyed said that they approved of arbi- So the two bills that I am intro- because many districts are not sure tration both as a concept and, more ducing today will, therefore, help give whether courts other than those au- important, as implemented in their the public efficient and expedient ac- thorized by statute may offer ADR. specific districts. cess to the Federal courts and will help Therefore, to eliminate this uncer- Also, an overwhelming 97 percent of alleviate the caseload burden on the ju- tainty, the second bill I am introducing the judges involved in the program dicial branch. not only authorizes district courts agreed that their civil caseload was re- I ask unanimous consent, Mr. Presi- across the Nation to implement arbi- duced since less than a third of the ar- dent, that my two bills be printed in tration programs and procedures, it de- bitration caseload returns to the reg- the RECORD. mands such implementation. It will ular trial calendar. The resounding There being no objection, the bills then be left to the discretion of each consensus was that other districts were ordered to be printed in the judge, however, whether to make use of should also adopt this outstanding pro- RECORD, as follows: the implemented programs and proce- gram as a result of this experiment. S. 996 dures. Let me give you another example of Be it enacted by the Senate and House of Rep- The major goal of arbitration is to the success of ADR. A November 1996 resentatives of the United States of America in encourage litigants to settle their dis- study of the Judicial Council of Cali- Congress assembled, putes without going through the fornia, on California’s Civil Action Me- SECTION 1. ARBITRATION IN DISTRICT COURTS. lengthy and costly process of a full- diation Act, showed that litigant satis- Section 905 of the Judicial Improvements blown trial. This will not only lessen faction for arbitration in the Los Ange- and Access to Justice Act (28 U.S.C. 651 note) is amended in the first sentence by striking the burden on the judicial branch, but les County Superior Court was 84 per- cent and that 94 percent of the overall ‘‘for each of the fiscal years 1994 through also enable people who feel they have 1997’’ and inserting ‘‘for each fiscal year’’. been wronged to get a decision without respondents would use arbitration waiting months for the usual verdict again. S. 997 Incidentally, that same study showed and without spending tons of money on Be it enacted by the Senate and House of Rep- attorney’s fees. that the program’s mediation process resentatives of the United States of America in Let me just give an example, and this within 2 years produced savings five Congress assembled, is according to the National Law Jour- times higher than what the California SECTION 1. ARBITRATION IN DISTRICT COURTS. nal. It was an article that was pub- Legislature had targeted for 5 years. In (a) AUTHORIZATION OF ARBITRATION.—Sec- lished last year. It has been determined other words, California had targeted tion 651(a) of title 28, United States Code, is that out of every dollar spent in asbes- $250,000 after 5 years to consider the amended to read as follows: tos litigation, only 39 cents goes to vic- mediation program a success. ADR ‘‘(a) AUTHORITY.—Each United States dis- trict court shall authorize by local rule the tims, with approximately 33 to 50 per- saved the courts a total of $1.3 million in just 2 years. Whether it is medi- use of arbitration in any civil action, includ- cent of the awards collected allocated ing adversary proceedings in bankruptcy, in as attorney’s fees. ation, arbitration, or any other of the accordance with this chapter.’’. My arbitration bills are designed to ADR techniques, alternative dispute (b) ACTIONS REFERRED TO ARBITRATION.— curb exactly this type of ‘‘plaintiff- resolution undoubtedly is successful in Section 652(a) of title 28, United States Code, milking.’’ In the pilot program dis- creating huge savings for both the pub- is amended— tricts, the majority of arbitration lic and the litigants. (1) in paragraph (1)— cases closed before even reaching the The benefits of arbitration, not only (A) in the matter preceding subparagraph arbitration hearing level and over two- to the judicial branch, but, more im- (A) by striking ‘‘and section 901(c)’’ and all portant, to the litigants, are impos- that follows through ‘‘651’’ and inserting ‘‘a thirds did not return to the court’s reg- district court’’; and ular calendar, thus saving not only the sible to ignore. Skeptics argue that the (B) in subparagraph (B) by striking litigants, but also the courts and, litigant will feel he is being subjected ‘‘$100,000’’ and inserting ‘‘$150,000’’; and therefore, the public both time and to second-class justice, but, quite (2) in paragraph (2) by striking ‘‘$100,000’’ money. In the New Jersey program, frankly, the opposite is the case. Liti- and inserting ‘‘$150,000’’. about 20 percent of the civil case filings gants feel that they are much more (c) CERTIFICATION OF ARBITRATORS.—Sec- qualified for mandatory arbitration closely involved in the process than tion 656(a) of title 28, United States Code, is over the 8-year period which the pro- would be the case if there was formal amended by striking ‘‘listed in section 658’’. (d) REMOVAL OF LIMITATION.—Section 658 of gram operated. Less than 2 percent of adjudication. Litigants can participate title 28, United States Code, and the item re- those cases required trial; in other much more actively and have much lating to such section in the table of sections words, 98 percent of those cases could more control over what is decided and at the beginning of chapter 44 of title 28, be settled via arbitration. how it is decided. Negotiation, rather United States Code, are repealed.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7013 ADDITIONAL COSPONSORS a national standard to prohibit the op- New Jersey [Mr. TORRICELLI] were S. 22 eration of motor vehicles by intoxi- added as cosponsors of S. 927, a bill to cated individuals. reauthorize the Sea Grant Program. At the request of Mr. MOYNIHAN, the names of the Senator from Hawaii [Mr. S. 422 S. 950 INOUYE] and the Senator from Florida At the request of Mr. DOMENICI, the At the request of Mr. MCCONNELL, [Mr. GRAHAM] were added as cosponsors name of the Senator from North Da- the name of the Senator from Texas of S. 22, a bill to establish a bipartisan kota [Mr. DORGAN] was withdrawn as a [Mr. GRAMM] was added as a cosponsor national commission to address the cosponsor of S. 422, a bill to define the of S. 950, a bill to provide for equal pro- year 2000 computer problem. circumstances under which DNA sam- tection of the law and to prohibit dis- S. 63 ples may be collected, stored, and ana- crimination and preferential treatment At the request of Mr. FEINGOLD, the lyzed, and genetic information may be on the basis of race, color, national ori- name of the Senator from Vermont collected, stored, analyzed, and dis- gin, or sex in Federal actions, and for [Mr. LEAHY] was added as a cosponsor closed, to define the rights of individ- other purposes. of S. 63, a bill to amend certain Federal uals and persons with respect to ge- S. 952 civil rights statutes to prevent the in- netic information, to define the respon- At the request of Mr. MCCONNELL, voluntary application of arbitration to sibilities of persons with respect to ge- the name of the Senator from Texas claims that arise from unlawful em- netic information, to protect individ- [Mr. GRAMM] was added as a cosponsor ployment discrimination based on race, uals and families from genetic dis- of S. 952, a bill to establish a Federal color, religion, sex, national origin, crimination, to establish uniform rules cause of action for discrimination and age, or disability, and for other pur- that protect individual genetic privacy, preferential treatment in Federal ac- poses. and to establish effective mechanisms tions on the basis of race, color, na- to enforce the rights and responsibil- S. 102 tional origin, or sex, and for other pur- ities established under this Act. At the request of Mr. BREAUX, the poses. S. 509 name of the Senator from West Vir- AMENDMENT NO. 420 ginia [Mr. BYRD] was added as a co- At the request of Mr. BURNS, the At the request of Mr. THURMOND the sponsor of S. 102, a bill to amend title name of the Senator from Colorado names of the Senator from Arizona XVIII of the Social Security Act to im- [Mr. ALLARD] was added as a cosponsor [Mr. KYL], and the Senator from Geor- prove Medicare treatment and edu- of S. 509, a bill to provide for the return gia [Mr. COVERDELL] were added as co- cation for beneficiaries with diabetes of certain program and activity funds sponsors of amendment No. 420 pro- by providing coverage of diabetes out- rejected by States to the Treasury to posed to S. 936, an original bill to au- patient self-management training serv- reduce the Federal deficit, and for thorize appropriations for fiscal year ices and uniform coverage of blood- other purposes. 1998 for military activities of the De- testing strips for individuals with dia- S. 623 partment of Defense, for military con- betes. At the request of Mr. INOUYE, the struction, and for defense activities of S. 208 name of the Senator from Nevada [Mr. the Department of Energy, to prescribe At the request of Mr. BOND, the REID] was added as a cosponsor of S. personnel strengths for such fiscal year names of the Senator from Massachu- 623, a bill to amend title 38, United for the Armed Forces, and for other setts [Mr. KERRY], the Senator from States Code, to deem certain service in purposes. Georgia [Mr. CLELAND], the Senator the organized military forces of the AMENDMENT NO. 422 Government of the Commonwealth of from Arkansas [Mr. BUMPERS], the Sen- At the request of Mr. DASCHLE his ator from Wyoming [Mr. ENZI], the the Philippines and the Philippine name was added as a cosponsor of Senator from Idaho [Mr. KEMPTHORNE], Scouts to have been active service for amendment No. 422 proposed to S. 936, the Senator from Montana [Mr. purposes of benefits under programs an original bill to authorize appropria- BURNS], and the Senator from Maine administered by the Secretary of Vet- tions for fiscal year 1998 for military [Ms. SNOWE] were added as cosponsors erans Affairs. activities of the Department of De- of S. 208, a bill to provide Federal con- S. 686 fense, for military construction, and tracting opportunities for small busi- At the request of Mr. SARBANES, the for defense activities of the Depart- ness concerns located in historically names of the Senator from Kentucky ment of Energy, to prescribe personnel underutilized business zones, and for [Mr. FORD], and the Senator from strengths for such fiscal year for the other purposes. Maryland [Ms. MIKULSKI] were added as Armed Forces, and for other purposes. S. 222 cosponsors of S. 686, a bill to establish AMENDMENT NO. 424 the National Military Museum Founda- At the request of Mr. DOMENICI, the At the request of Mr. GORTON the name of the Senator from North Da- tion, and for other purposes. name of the Senator from California kota [Mr. DORGAN] was added as a co- S. 852 [Mrs. FEINSTEIN] was added as a co- sponsor of S. 222, a bill to establish an At the request of Mr. LOTT, the sponsor of amendment No. 424 proposed advisory commission to provide advice names of the Senator from Michigan to S. 936, an original bill to authorize and recommendations on the creation [Mr. ABRAHAM], and the Senator from appropriations for fiscal year 1998 for of an integrated, coordinated Federal North Carolina [Mr. FAIRCLOTH] were military activities of the Department policy designed to prepare for and re- added as cosponsors of S. 852, a bill to of Defense, for military construction, spond to serious drought emergencies. establish nationally uniform require- and for defense activities of the De- S. 224 ments regarding the titling and reg- partment of Energy, to prescribe per- At the request of Mr. WARNER, the istration of salvage, nonrepairable, and sonnel strengths for such fiscal year name of the Senator from Missouri rebuilt vehicles. for the Armed Forces, and for other [Mr. ASHCROFT] was added as a cospon- S. 916 purposes. sor of S. 224, a bill to amend title 10, At the request of Mr. COCHRAN, the AMENDMENT NO. 645 United States Code, to permit covered name of the Senator from Mississippi At the request of Mr. GORTON the beneficiaries under the military health [Mr. LOTT] was added as a cosponsor of names of the Senator from Texas [Mrs. care system who are also entitled to S. 916, a bill to designate the U.S. Post HUTCHISON], the Senator from New medicare to enroll in the Federal Em- Office building located at 750 Highway York [Mr. D’AMATO], and the Senator ployees Health Benefits program, and 28 East in Taylorsville, MS, as the from Washington [Mrs. MURRAY] were for other purposes. ‘‘Blaine H. Eaton Post Office Build- added as cosponsors of amendment No. S. 412 ing’’. 645 proposed to S. 936, an original bill At the request of Mr. LAUTENBERG, S. 927 to authorize appropriations for fiscal the name of the Senator from Min- At the request of Ms. SNOWE, the year 1998 for military activities of the nesota [Mr. WELLSTONE] was added as a names of the Senator from Mississippi Department of Defense, for military cosponsor of S. 412, a bill to provide for [Mr. COCHRAN], and the Senator from construction, and for defense activities

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7014 CONGRESSIONAL RECORD — SENATE July 8, 1997 of the Department of Energy, to pre- Whereas Tunisia and the United States squadron of B–52H bomber aircraft above the scribe personnel strengths for such fis- have always shared mutual interests in re- level provided for in the future-years defense cal year for the Armed Forces, and for gional security and have built a close part- program submitted to Congress in fiscal year other purposes. nership in that regard; Now, therefore, be it 1997, reconstituted out of the B–52H aircraft Resolved by the Senate (the House of Rep- attrition reserve. AMENDMENT NO. 648 resentatives concurring), That the Congress ‘‘(ii) The implications of designating and At the request of Mr. LAUTENBERG his hereby acknowledges with gratitude and ap- using such an additional squadron as an as- name was added as a cosponsor of preciation the bicentennial of the Tunisian- sociate reserve squadron. amendment No. 648 proposed to S. 936, American Treaty of 1797 and expresses to the ‘‘(iii) The operational impact of an engine people of Tunisia its hopes and wishes for modernization program involving replace- an original bill to authorize appropria- ment of the engines on B–52H bomber air- tions for fiscal year 1998 for military continued friendship and amity between our two great nations. craft with commercial, off-the-shelf engines, activities of the Department of De- SEC. 2. The Secretary of the Senate shall as assessed in accordance with the Depart- fense, for military construction, and transmit a copy of this concurrent resolu- ment of Defense Appropriation Act, 1997 for defense activities of the Depart- tion to the President with the request that (title I through VIII section 101(b) of Public ment of Energy, to prescribe personnel he further transmit a copy to the Govern- Law 104–208). ‘‘(iv) The operational, arms control, and ment of Tunisia. strengths for such fiscal year for the budgetary implications of modifying capa- Armed Forces, and for other purposes. f bilities of aircraft comprising a portion of AMENDMENT NO. 712 the fleet of B–52H bomber aircraft so that AMENDMENTS SUBMITTED At the request of Mr. CLELAND the the modified aircraft have the capability to names of the Senator from Georgia deliver only conventional munitions. ‘‘(v) The number of B–52H aircraft that, to- [Mr. COVERDELL] and the Senator from THE DEPARTMENT OF DEFENSE gether with other combat aircraft within the Nebraska [Mr. HAGEL] were added as AUTHORIZATION ACT FOR FIS- force structure, would be necessary, in a cosponsors of amendment No. 712 pro- CAL YEAR 1997 major theater war initiated with minimum posed to S. 936, an original bill to au- advance warning, to disrupt the flow of thorize appropriations for fiscal year enemy forces to the extent necessary for the United States (and any allies) to defeat ad- 1998 for military activities of the De- CONRAD (AND DORGAN) partment of Defense, for military con- vancing enemy forces in detail with the AMENDMENT NO. 730 United States (or allied) forces in place as struction, and for defense activities of the advancing enemy forces arrive in loca- the Department of Energy, to prescribe (Ordered to lie on the table.) Mr. CONRAD (for himself and Mr. tions to engage the United States (or allied) personnel strengths for such fiscal year forces. for the Armed Forces, and for other DORGAN) submitted an amendment in- ‘‘(B) The views of the Chairman of the purposes. tended to be proposed by them to the Joint Chiefs of Staff on the Secretary’s as- bill, S. 936, to authorize appropriations sessment. f for fiscal year 1998 for military activi- ‘‘(C) The views of the National Defense ties of the Department of Defense, for Panel on the Secretary’s assessment. SENATE CONCURRENT RESOLU- ‘‘(3) If the Secretary submits the Sec- TION 36—COMMEMORATING THE military construction, and for defense retary’s annual report to Congress under sec- BICENTENNIAL OF TUNISIAN- activities of the Department of Energy, tion 113(c) of title 10, United States Code, AMERICAN RELATIONS to prescribe personnel strengths for within 120 days after the date of the enact- such fiscal year for the Armed Forces, ment of this Act, the Secretary may include Mr. BREAUX submitted the fol- and for other purposes; as follows: in that report the assessment required under lowing concurrent resolution; which On page 313, line 20, strike out ‘‘(e)’’ and in- paragraph (1). was referred to the Committee on For- ‘‘(g)’’. eign Relations. sert in lieu thereof the following: ‘‘(e) RETENTION OF B–52H AIRCRAFT ON AC- S. CON. RES. 36 TIVE STATUS.—(1) The Secretary of the Air COVERDELL AMENDMENT NO. 731 Whereas August 28, 1997, will mark the Force shall maintain in active status (in- (Ordered to lie on the table.) 200th anniversary of the first Tunisian- cluding the performance of standard mainte- Mr. COVERDELL submitted an American Treaty and the opening of diplo- nance and upgrades) the current fleet of B– amendment intended to be proposed by matic relations between Tunisia and the 52H bomber aircraft. For the purposes of sub- him to the bill, S. 936, supra; as fol- United States; section (a), the number specified for B–52H lows: Whereas Tunisia guaranteed to the young bomber aircraft in paragraph (1) of such sub- American Republic freedom of navigation in section shall be deemed to be 94. The applica- At the end of the amendment add the fol- Tunisia’s territorial waters and freedom of bility of the limitation under that sub- lowing: () LIMITATIONS ON AUTHORITY TO PROVIDE trade with Tunisian citizens; section to the 94 B–52H bomber aircraft may ADDITIONAL SUPPORT FOR COUNTER-DRUG AC- Whereas Tunisia supported the Allies po- not be waived under subsection (b). TIVITIES OF PERU AND COLOMBIA.—(1) The litically and militarily during World War II ‘‘(2) For purposes of carrying out upgrades Secretary of Defense may exercise the au- and has become the final resting place of of B–52H bomber aircraft during fiscal year thority provided in section 1022(a) only with thousands of American soldiers fallen in bat- 1998, the Secretary shall treat the entire cur- the concurrence of the Secretary of State. tle; rent fleet of such aircraft as aircraft ex- (2)(A) The Secretary may not obligate or Whereas the United States was the first pected to be maintained in active status dur- expend funds to provide a government with great power to recognize Tunisia’s independ- ing the six-year period beginning on October support under section 1022 until the Sec- ence from France in 1956; 1, 1997. retary of Defense, in coordination with the Whereas Tunisia was a steady and reliable ‘‘(f) ASSESSMENT OF PROPOSED REDUCTION heads of other Federal agencies involved in ally of the United States during the darkest OF B–52H BOMBER AIRCRAFT FLEET.—(1) Not international counter-drug activities, has de- days of the Cold War, providing naval facili- later than 120 days after the date of the en- veloped a riverine counter-drug plan and sub- ties to the United States Sixth Fleet and actment of this Act, the Secretary of De- mitted the plan to the committees referred supporting the United States at the United fense, in consultation with the Chairman of to in subsection (f)(2) of such section. The Nations and other international bodies; the Joint Chiefs of Staff and the National plan shall set forth a riverine counter-drug Whereas Tunisia after independence re- Defense Panel established under section 924 program that can be sustained by the sup- ceived more aid from the United States than of Public Law 104–201 (110 Stat. 2626), shall— ported governments within five years, a from any other donor country in the form of ‘‘(A) thoroughly assess the proposed retire- schedule for establishing the program, and a governmental loans and technical assist- ment of B–52H bomber aircraft to reduce the detailed discussion of how the riverine ance; fleet of B–52H bomber aircraft to 71 such air- counter-drug program supports national Whereas Tunisia efficiently utilized Amer- craft; and drug control strategy of the United States. ican assistance and its own resources to ‘‘(B) submit the assessment to the Com- (B) The limitation in subparagraph (A) is drastically improve social conditions, fur- mittee on Armed Services of the Senate and in addition to the limitation in section ther economic development, and establish an the Committee on National Security of the 1022(f)(1). open market economy and a tolerant society House of Representatives. based on the principles of democracy, social ‘‘(2) The assessment under paragraph (1) THURMOND AMENDMENTS NOS. peace, and justice; shall include the following: 732–733 Whereas Tunisia has consistently sup- ‘‘(A) A discussion of the following matters: ported a peaceful resolution to the Arab- ‘‘(i) The operational advantages, arms con- (Ordered to lie on the table.) Israeli conflict and United States efforts to trol implications, and budgetary impact of Mr. THURMOND submitted two bring peace to the Middle East; and employing an additional combat-coded amendments intended to be proposed

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7015 by him to the bill, S. 936, supra; as fol- SEC. 301B. AMOUNTS FOR OPERATION AND MAIN- (3) complies with the ABM Treaty; and lows: TENANCE. (4) maximizes the utilization of missile The amounts authorized to be appropriated technology and infrastructure in use as of AMENDMENT NO. 732 under section 301 are as follows: the date of enactment of this Act At the appropriate place in the amend- (c) ASSESSMENT OF DEPLOYMENT.—Not later ment, insert the following: than March 31, 2000, the President shall sub- MCCAIN AMENDMENT NO. 735 On page 26, after line 24, add the following: mit to Congress a report on the deployment (b) EXCEPTIONS.—The prohibition in sub- (Ordered to lie on the table.) of the national missile defense system re- section (a) does not apply to the following: Mr. MCCAIN submitted an amend- ferred to in subsection (a). The report shall (1) Any purchase, lease, upgrade, or modi- ment intended to be proposed by him contain— fication initiated before the date of the en- to amendment No. 618 submitted by (1) the determination of the President as to actment of this Act. the advisability of deploying the system; and (2) Any installation of state-of-the-art Mr. GLENN to the bill, S. 936, supra; as (2) if the President determines that the technology for a drydock that does not also follows: system should be deployed, a specification as increase the capacity of the drydock. Strike the period at the end of the amend- to the preferred architecture for the system. On page 26, line 21, insert ‘‘(a) PROHIBI- ment, and insert in lieu thereof the fol- SEC. l3. SYSTEM ARCHITECTURE. TION.—’’ before ‘‘None’’. lowing: The national missile defense system devel- ‘‘At the appropriate place in the bill, add oped under section l2 for possible deploy- AMENDMENT NO. 733 the following new section: ment shall contain the following elements: At the end of the matter relating to pro- ‘‘SEC. XXXX. ANNUAL REPORT ON CONGRES- (1) An interceptor system that— posed section 2206, add the following: SIONAL AND NONCONGRESSIONAL (A) utilizes a kinetic kill vehicle in devel- (c) AMENDMENT.—The agreement of the ACTIVITIES OF THE GENERAL AC- opment as of the date of enactment of this Senate to the amendment proposing this COUNTING OFFICE. Act that is delivered by the Minuteman III subsection shall be deemed to constitute the (1) Section 719(b) of title 31, United States missile system in existence as of such date; agreement of the Senate to amendments to Code, is amended by adding at the end the (B) could be deployed in existing Minute- section 141 as follows: following: man III missile silos within the deployment (1) Insert ‘‘(a) PROHIBITION.—’’ before ‘(3)(A) The report under subsection (a) area permitted under the ABM Treaty; and ‘‘None’’. shall include, for the latest fiscal year end- (C) could consist of between 20 and 100 (2) Add at the end the following: ing before the date of the report, the amount operational interceptors. (b) EXCEPTIONS.—The prohibition in sub- and cost of the work that the General Ac- (2) Early warning ground-based radar uti- section (a) does not apply to the following: counting Office performed during the fiscal lizing ground-based radars in existence as of (1) Any purchase, lease, upgrade, or modi- year for the following: such date, or modifications or upgrades of fication initiated before the date of the en- (i) Audits, evaluations, other reviews, and such radars. actment of this Act. reports requested by the Chairman of a com- (3) To the maximum extent practicable, (2) Any installation of state-of-the-art mittee of Congress, the Chairman of a sub- battle management, command, control, and technology for a drydock that does not also committee of such a committee, or any other communications systems in existence as of increase the capacity of the drydock. member of Congress. such date, or modifications or upgrades of (ii) Audits, evaluations, other reviews, and such systems. LEVIN (AND OTHERS) AMENDMENT reports not described in clause (i) and not re- SEC. l4. IMPLEMENTATION OF DEVELOPMENT. NO. 734 quired by law to be performed by the General The Secretary of Defense shall— Accounting Office. (1) initiate promptly such preparatory and (Ordered to lie on the table.) (B) In the report, amounts of work referred planning actions as are necessary to ensure Mr. LEVIN (for himself, Mr. REED, to in subparagraph (A) shall be expressed as that the national missile defense system de- and Mr. MCCAIN) submitted an amend- hours of labor.’. veloped under section l2 is deployable in ac- ment intended to be proposed by them (2) Paragraph (1) of such section is amend- cordance with subsection (a) of that section; ed— (2) not later than September 30, 2000, con- to amendment No. 674 by Mr. FEINGOLD (A) by striking out ‘and’ at the end of sub- duct an integrated systems test of the sys- to the bill, S. 936, supra; as follows: paragraph (B); tem; and Strike out ‘‘ ‘; Provided,’’ and all that fol- (B) by striking out the period at the end of (3) prescribe such policies and procedures lows and insert in lieu thereof the following: subparagraph (C) and inserting in lieu there- (including acquisition policies and proce- in section 301B. of ’; and’; and dures) as are necessary to eliminate unneces- SEC. 301A. SENSE OF CONGRESS REGARDING A (C) by adding at the end the following: sary costs and inefficiencies in the develop- FOLLOW-ON FORCE FOR BOSNIA ‘(D) the matters required by paragraph ment of the system. AND HERZEGOVINA. (3).’.’’. SEC. l5. REPORT ON PLAN FOR DEVELOPMENT It is the sense of Congress that— AND DEPLOYMENT. (1) United States ground combat forces CONRAD AMENDMENT NO. 736 (a) REQUIREMENT.—Not later than 120 days should not participate in a follow-on force in after the date of enactment of this Act, the Bosnia and Herzegovina after June 1998; (Ordered to lie on the table.) Secretary of Defense shall submit to Con- (2) the European Security and Defense Mr. CONRAD submitted an amend- gress a report on the Secretary’s plan for the Indentity, which, as facilitated by the Com- ment intended to be proposed by him development and deployment of the national bined Joint Task Forces concept, enables the to amendment No. 696 submitted by missile defense system referred to in section Western European Union, with the consent l2. of the North Atlantic Alliance, to assume po- Mrs. HUTCHINSON to the bill, S. 936, (b) REPORT ELEMENTS.—The report shall litical control and strategic direction of supra; as follows: include— NATO assets made available by the Alliance, In lieu of the matter proposed to be in- (1) the Secretary’s plan for meeting the re- is an ideal instrument for a follow-on force serted, insert the following: quirements of this subtitle, including a de- tailed description of the system architecture for Bosnia and Herzegovina; Subtitle ll—National Missile Defense (3) if the European Security and Defense selected for development; and Identity is not sufficiently developed or is SEC. l01. SHORT TITLE. (2) the Secretary’s estimate of the funds otherwise deemed inappropriate for such a This subtitle may be cited as the ‘‘Com- required for research, development, test, and mission, a NATO-led force without the par- mon Sense National Missile Defense Act of evaluation, and for procurement, in each of ticipation of United States ground combat 1997’’. fiscal years 1998 through 2003 in order to en- forces in Bosnia, may be suitable for a fol- SEC. l02. NATIONAL MISSILE DEFENSE POLICY. sure that the system is deployable in accord- low-on force for Bosnia and Herzegovina; (a) NATIONAL MISSILE DEFENSE POLICY.—It ance with section l2(a). (4) the United States may decide to appro- is the policy of the United States to develop SEC. l6. POLICY REGARDING THE ABM TREATY. priately provide support to a Western Euro- a limited national missile defense system (a) POLICY.—It is the policy of the United pean Union-led or NATO-led follow-on force, based on the Minuteman III missile system States that— including command and control, intel- that could be deployed by 2003 at Grand (1) the ABM Treaty remains the foundation ligence, logistics, and, if necessary, a ready Forks, North Dakota. of stability among the nuclear powers and reserve force in a neighboring country; and (b) GENERAL REQUIREMENTS.—The national must not be abrogated or fundamentally al- (5) the President should inform our Euro- missile defense system developed under sub- tered; pean NATO allies of this expression of the section (a) for possible deployment should (2) any United States national missile de- sense of Congress and should strongly urge include the elements set forth in section l3 fense system raises concerns about United them to undertake preparations for a West- in a manner which— States compliance with the ABM Treaty; and ern European Union-led or NATO-led force as (1) provides for the defense of the United (3) the President should undertake such a follow-on force to the NATO-led Stabiliza- States against a nuclear missile attack con- consultations with the Russian Federation tion Force if needed to maintain peace and sisting of at least five nuclear warheads; as are necessary to achieve an agreement be- stability in Bosnia and Herzegovina. (2) is affordable; tween the United States and the Russian

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7016 CONGRESSIONAL RECORD — SENATE July 8, 1997 Federation on an amendment or clarification that the oil shale reserve is in compliance located on the property to be conveyed under of the ABM Treaty in order to permit the de- with the requirements of Federal and State that subsection as jointly agreed upon by the ployment of the national missile defense sys- environmental laws that are applicable to Corporation and the school district; and tem referred to in section l2. the reserve. (B) grant the school district access to the (b) REVIEW OF SYSTEM.—In light of the pol- ‘‘(4) Upon the transfer to the Secretary of property for purposes of removing the homes icy set forth in subsection (a), it is the sense the Interior of jurisdiction over public do- from the property. of Congress that the President initiate im- main lands under this subsection, the other (2) That the Corporation— mediately a full review of the implications of sections of this chapter shall cease to apply (A) convey to the Hays/Lodgepole School the development and deployment of the na- with respect to the transferred lands. District 50, Montana— tional missile defense system referred to in ‘‘(b) AUTHORITY TO LEASE.—(1) Beginning (i) 27 single-family homes located on the section l2 on United States compliance with on the date of the enactment of the National property to be conveyed under that sub- the ABM Treaty. The review should address Defense Authorization Act for Fiscal Year section as jointly agreed upon by the Cor- any modifications to the system that may be 1998, or as soon thereafter as practicable, the poration and the school district; required in order to ensure that the system Secretary of the Interior shall enter into (ii) one duplex housing unit located on the meets United States obligations under the leases with one or more private entities for property; ABM Treaty. the purpose of exploration for, and develop- (iii) two steel buildings (nos. 7 and 8) lo- (c) REPORT ON CONSULTATIONS.—The Presi- ment and production of, petroleum (other cated on the property; dent shall include an assessment of the re- than in the form of oil shale) located on or (iv) two tin buildings (nos. 37 and 44) lo- sults, if any, of the consultations undertaken in public domain lands in Oil Shale Reserve cated on the property; and under subsection (a)(3) in the report sub- Numbered 1 and the developed tract of Oil (v) miscellaneous personal property lo- mitted under section l2(c). Shale Reserve Numbered 3. Any such lease cated on the property that is associated with SEC. l7. DEFINITION. shall be made in accordance with the re- the buildings conveyed under this subpara- In this subtitle, the term ‘‘ABM Treaty’’ quirements of the Act entitled ‘‘An Act to graph; and means the Treaty Between the United States promote the mining of coal, phosphate, oil, (B) grant the school district access to the and the Union of Soviet Socialist Republics oil shale, gas, and sodium on the public do- property for purposes of removing such on the Limitation of Anti-Ballistic Missile main’’, approved February 25, 1920 (com- homes and buildings, the housing unit, and Systems, signed at Moscow on May 26, 1972, monly known as the ‘‘Mineral Leasing Act’’) such personal property from the property. and includes the Protocols to that Treaty, (30 U.S.C. 181 et seq.), regarding the lease of (3) That the Corporation— signed at Moscow on July 3, 1974. oil and gas lands and shall be subject to valid (A) convey to the District 4 Human Re- existing rights. sources Development Council, Montana, ‘‘(2) Notwithstanding the delayed transfer REID AMENDMENT NO. 737 eight single-family homes located on the of the developed tract of Oil Shale Reserve property to be conveyed under that sub- (Ordered to lie on the table.) Numbered 3 under subsection (a)(2), the Sec- section as jointly agreed upon by the Cor- Mr. REID submitted an amendment retary of the Interior shall enter into a lease poration and the council; and intended to be proposed by him to the under paragraph (1) with respect to the de- (B) grant the council access to the prop- bill, S. 936, supra; as follows: veloped tract before the end of the one-year erty for purposes of removing such homes period beginning on the date of the enact- from the property. On line 10, page 44, insert after ment of this section. (c) DESCRIPTION OF PROPERTY.—The exact ‘‘$50,000,000’’ the following: ‘‘and shall in- ‘‘(c) MANAGEMENT.—The Secretary of the acreages and legal description of the parcels clude not less than $2,000,000 to be authorized Interior, acting through the Director of the of property conveyed under subsection (a) for technology development for detecting, lo- Bureau of Land Management, shall manage shall be determined by surveys satisfactory cating, and removing the threat of aban- the lands transferred under subsection (a) in to the Secretary. The cost of the surveys doned landmines and for operation of a test accordance with the Federal Land Policy and shall be borne by the Secretary. and evaluation facility at the Nevada Test Management Act of 1976 (43 U.S.C. 1701 et (d) ADDITIONAL TERMS AND CONDITIONS.— Site for countermine proof-of-concept test- seq.) and other laws applicable to the public The Secretary may require such additional ing and performance evaluation.’’ lands. terms and conditions in connection with the ‘‘(d) TRANSFER OF EXISTING EQUIPMENT.— conveyance under subsection (a) as the Sec- ALLARD AMENDMENT NO. 738 The lease of lands by the Secretary of the In- retary considers appropriate to protect the (Ordered to lie on the table.) terior under this section may include the interests of the United States. transfer, at fair market value, of any well, (e) FUNDING FOR COSTS OF CORPORATION AS- Mr. ALLARD submitted an amend- production facility, SOCIATED WITH CONVEYANCES.—Of the ment intended to be proposed by him amounts authorized to be appropriated by to amendment No. 701 submitted by BAUCUS AMENDMENT NO. 739 this Act, the Secretary shall make available Mr. CAMPBELL to the bill, S. 936, supra; to the Corporation such sums as the Sec- as follows: (Ordered to lie on the table.) retary and the Corporation jointly agree are Beginning on page 2, strike out line 14 and Mr. BAUCUS submitted an amend- necessary to cover the costs of the Corpora- all that follows through ‘‘any well,’’ on page ment intended to be proposed by him tion in meeting the conditions specified in 4, line 22, and insert in lieu thereof the fol- to the bill, S. 936, supra; as follows: subsection (b). lowing: On page 409, between lines 13 and 14, insert Number 1 for purposes of mineral leasing and the following: MURKOWSKI AMENDMENT NO. 740 multiple use management. SEC. 2819. LAND CONVEYANCE, HAVRE AIR (Ordered to lie on the table.) ‘‘(2) Not later than one year after the date FORCE STATION, MONTANA, AND of the enactment of the National Defense HAVRE TRAINING SITE, MONTANA. Mr. MURKOWSKI submitted an Authorization Act for Fiscal Year 1998, the (a) CONVEYANCE AUTHORIZED.—(1) The Sec- amendment intended to be proposed by Secretary of Energy shall transfer to the retary of the Air Force may convey, without him to amendment No. 630 submitted Secretary of the Interior administrative ju- consideration, to the Bear Paw Development by him to the bill, S. 936, supra; as fol- risdiction over those public domain lands in- Corporation, Havre, Montana (in this section lows: cluded within the developed tract of Oil referred to as the ‘‘Corporation’’), all, right, Beginning on line 8, strike ‘‘If the Sec- Shale Reserve Numbered 3, which consists of title, and interest of the United States in retary’’ and all that follows and insert the approximately 6,000 acres and 24 natural gas and to the real property described in para- following: ‘‘If the Secretary purchases a fa- wells, together with pipelines and associated graph (2). cility for the production of tritium, the Nu- facilities. (2) The authority in paragraph (1) applies clear Regulatory Commission shall have li- ‘‘(3)(A) Except as provided in subparagraph to the following real property: censing and related regulatory authority (B), the Secretary of Energy shall continue (A) A parcel of real property, including any pursuant to chapters 6, 7, 8, and 10 of this after the transfer of administrative jurisdic- improvements thereon, consisting of ap- Act, and the Secretary shall be a person for tion over public domain lands within an oil proximately 85 acres and comprising the purposes of section 103 of this Act, with re- shale reserve under this subsection to be re- Havre Air Force Station, Montana. spect to that facility.’’. sponsible for taking any actions that are (B) A parcel of real property, including any necessary to ensure that the oil shale reserve improvements thereon, consisting of ap- is in compliance with the requirements of proximately 9 acres and comprising the SMITH OF NEW HAMPSHIRE Federal and State environmental laws that Havre Training Site, Montana. AMENDMENT NO. 741 are applicable to the reserve. (b) CONDITIONS OF CONVEYANCE.—The con- (Ordered to lie on the table.) ‘‘(B) The responsibility of the Secretary of veyance authorized by subsection (a) shall be Energy with respect to public domain lands subject to the following conditions: Mr. SMITH of New Hampshire sub- of an oil shale reserve under subparagraph (1) That the Corporation— mitted an amendment intended to be (A) shall terminate upon certification by the (A) convey to the Box Elder School Dis- proposed by him to the bill, S. 936, Secretary to the Secretary of the Interior trict 13G, Montana, 10 single-family homes supra; as follows:

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7017 At the end of subtitle A of title X, add the lease from active duty with a characteriza- ‘‘(B) Not later than May 1, 1998, the Sec- following: tion of service less favorable than honorable. retary of Defense shall modify the plan for SEC. 1009. INCREASED AMOUNTS FOR CHEMICAL ‘‘(2) A person who— evaluating the program submitted pursuant AND BIOLOGICAL DEFENSE ‘‘(A) performed active duty or inactive to paragraph (2) in order to provide for the COUNTERPROLIFERATION PRO- duty training as a commissioned officer or evaluation of the program at all of the des- GRAMS. warrant office in an armed force during the ignated treatment facilities, including the (a) INCREASE.—Notwithstanding any other Cold War; treatment facilities referred to in subpara- provision of this Act the amount authorized ‘‘(B) completed the initial service obliga- graph (B).’’; and to be appropriated under section 104 for tion as an officer; (4) in paragraph (4), as redesignated by chemical and biological defense counterpro- ‘‘(C) served in the armed forces after com- paragraph (2), by striking out ‘‘The Sec- liferation programs is hereby increased by pleting the initial service obligation; and retary’’ and inserting in lieu thereof ‘‘Not $67,000,000. ‘‘(D) has not been released from active later than May 1, 2000, the Secretary’’. (b) DECREASE.—Notwithstanding any other duty with a characterization of service less provision of this Act, the total amount au- favorable than honorable and has not re- HELMS AMENDMENT NO. 745 thorized to be appropriated under section ceived a discharge less favorable than an 301(4) for Air Force Operations & Mainte- honorable discharge. Mr. THURMOND (for Mr. HELMS) pro- nance is hereby decreased by $51,000,000. ‘‘(c) ONE AWARD AUTHORIZED.—Not more posed an amendment to the bill, S. 936, than one Cold War service medal may be supra; as follows: FAIRCLOTH AMENDMENT NO. 742 issued to any one person. At the end of subtitle E of title X, add the ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE- following: (Ordered to lie on the table.) CEASED.—If a person referred to in subsection SEC. 1075. DONATION OF EXCESS ARMY CHAPEL Mr. FAIRCLOTH submitted an (b) dies before being issued the Cold War PROPERTY TO CHURCHES DAMAGED amendment intended to be proposed by service medal, the medal may be issued to OR DESTROYED BY ARSON OR him to amendment No. 608 proposed by the person’s representative, as designated by OTHER ACTS OF TERRORISM. the Secretary concerned. (a) AUTHORITY.—Notwithstanding any Mr. THURMOND to the bill, S. 936, supra; ‘‘(e) REPLACEMENT.—Under regulations pre- other provision of law, the Secretary of the as follows: scribed by the Secretary concerned, a Cold Army may donate property described in sub- Strike out all after the section heading War service medal that is lost, destroyed, or section (b) to an organization described in and insert in lieu thereof the following: rendered unfit for use without fault or ne- section 501(c)(3) of the Internal Revenue Code Of the amount authorized to be appro- glect on the part of the person to whom it of 1986 that is a religious organization in priated under section 201(3), $1,651,000,000 is was issued may be replaced without charge. order to assist the organization in restoring available for engineering manufacturing and ‘‘(f) UNIFORM REGULATIONS.—The Secretary or replacing property of the organization development under the F–22 aircraft pro- of Defense shall ensure that regulations pre- that has been damaged or destroyed as a re- gram. scribed by the Secretaries of the military de- sult of an act of arson or terrorism, as deter- SEC. 221. MULTITECHNOLOGY INTEGRATION IN partments under this section are uniform so mined pursuant to procedures prescribed by MIXED-MODE ELECTRONICS. far as is practicable. the Secretary. (a) AMOUNT FOR PROGRAM.—Of the amount ‘‘(g) DEFINITIONS.—In this section, the term (b) PROPERTY COVERED.—The property au- authorized to be appropriated under section ‘Cold War’ means the period beginning on thorized to be donated under subsection (a) 201(4), $9,000,000 is available for Multitech- August 15, 1974, and terminating at the end is furniture and other property that is in, or nology Integration in Mixed-Mode Elec- of December 21, 1991.’’. formerly in, chapels closed or being closed tronics. (b) CLERICAL AMENDMENTS.—The table of and is determined as being excess to the re- (b) ADJUSTMENTS TO AUTHORIZATIONS OF sections at the beginning of such chapter is quirements of the Army. No real property APPROPRIATIONS.—(1) The amount authorized amended by adding at the end the following: may be donated under this section. to be appropriated under section 201(4) is ‘‘Sec. 1131. Cold War service medal.’’. (c) DONEES NOT TO BE CHARGED.—No hereby increased by $9,000,000. charge may be imposed by the Secretary on a donee of property under this section in (2) The amount authorized to be appro- THURMOND AMENDMENT NO. 744 priated under section 2204(a)(2) is reduced by connection with the donation. However, the $9,000,000. Mr. THURMOND proposed an amend- donee shall defray any expense for shipping ment to the bill, S. 936, supra; as fol- or other transportation of property donated lows: under this section from the location of the CRAIG AMENDMENT NO. 743 property when donated to any other loca- At the end of title VII, add the following: (Ordered to lie on the table.) tion. SEC. 708. CHIROPRACTIC HEALTH CARE DEM- Mr. CRAIG submitted an amendment ONSTRATION PROGRAM. JEFFORDS AMENDMENT NO. 746 intended to be proposed by him to the (a) TWO-YEAR EXTENSION.—Subsection (b) bill, S. 936, supra; as follows: of section 731 of the National Defense Au- Mr. THURMOND (for Mr. HELMS) pro- At the end of subtitle D of title V, add the thorization Act for Fiscal Year 1995 (Public posed an amendment to the bill, S. 936, following: Law 103–337; 108 Stat. 2809; 10 U.S.C. 1092 supra; as follows: note) is amended by striking out ‘‘1997’’ and SEC. 535. COLD WAR SERVICE MEDAL. On page 84, after line 23, add the following: inserting in lieu thereof ‘‘1999’’. (a) AUTHORITY.—Chapter 57 of title 10, SEC. 340. PROCUREMENT OF RECYCLED COPIER (b) EXPANSION TO AT LEAST THREE ADDI- United States Code, is amended by adding at PAPER. TIONAL TREATMENT FACILITIES.—Subsection the end the following: (a) REQUIREMENT.—(1) Except as provided (a)(2) of such section is amended by striking in subsection (b), a department or agency of ‘‘§ 1131. Cold War service medal out ‘‘not less than 10’’ and inserting in lieu the Department of Defense may not procure ‘‘(a) MEDAL REQUIRED.—The Secretary con- thereof ‘‘the National Naval Medical Center, copying machine paper after a date set forth cerned shall issue the Cold War service the Walter Reed Army Medical Center, and in paragraph (2) unless the percentage of medal to persons eligible to receive the not less than 11 other’’ post-consumer recycled content of the paper medal under subsection (b). The Cold War (c) REPORTS.—Subsection (c) of such sec- meets the percentage set forth with respect service medal shall be of an appropriate de- tion is amended— to such date in that paragraph. sign approved by the Secretary of Defense, (1) in paragraph (1), by striking out ‘‘Com- (2) The percentage of post-consumer recy- with ribbons, lapel pins, and other appur- mittees on Armed Services of the Senate cled content of paper required under para- tenances. and’’ and inserting in lieu thereof ‘‘Com- graph (1) is as follows: ‘‘(b) ELIGIBLE PERSONS.—The following per- mittee on Armed Services of the Senate and (A) 20 percent as of January 1, 1998. sons are eligible to receive the Cold War the Committee on National Security of’’; (B) 30 percent as of January 1, 1999. service medal: (2) by redesignating paragraph (3) as para- (C) 50 percent as of January 1, 2004. ‘‘(1) A person who— graph (4); (b) EXCEPTIONS.—A department or agency ‘‘(A) performed active duty or inactive (3) by inserting after paragraph (2) the fol- may procure copying machine paper having a duty training as an enlisted member of an lowing new paragraph (3): percentage of post-consumer recycled con- armed force during the Cold War; ‘‘(3)(A) Not later than January 30, 1998, the tent that does not meet the applicable re- ‘‘(B) completed the initial term of enlist- Secretary of Defense shall submit to the quirement in subsection (a) if— ment; committees referred to in paragraph (1) a re- (1) the cost of procuring copying machine ‘‘(C) after the expiration of the initial term port that identifies the additional treatment paper under such requirement would exceed of enlistment, reenlisted in an armed force facilities designated to furnish chiropractic by more than 7 percent the cost of procuring for an additional term or was appointed as a care under the program that were not so des- copying machine paper having a percentage commissioned officer or warrant officer in an ignated before the report required by para- of post-consumer recycled content that does armed force; and graph (1) was prepared, together with the not meet such requirement; ‘‘(D) has not received a discharge less fa- plan for the conduct of the program at the (2) copying machine paper having a per- vorable than an honorable discharge or a re- additional treatment facilities. centage of post-consumer recycled content

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7018 CONGRESSIONAL RECORD — SENATE July 8, 1997 meeting such requirement is not reasonably ministrator, shall establish, maintain, and (C) by inserting before subparagraph (B), as available within a reasonable period of time; use, to the maximum extent that is prac- so redesignated, the following new subpara- (3) copying machine paper having a per- ticable and cost-effective, procedures and graph (A): centage of post-consumer recycled content processes that employ electronic commerce ‘‘(A) the proposed procurement is for an meeting such requirement does not meet per- in the conduct and administration of its pro- amount not greater than the simplified ac- formance standards of the department or curement system. quisition threshold and is to be conducted agency for copying machine paper; or ‘‘(b) APPLICABLE STANDARDS.—In con- by— (4) in the case of the requirement in para- ducting electronic commerce, the head of an ‘‘(i) using widespread electronic public no- graph (2)(C) of that subsection, the Secretary agency shall apply nationally and inter- tice of the solicitation in a form that allows of Defense makes the certification described nationally recognized standards that broad- convenient and universal user access in subsection (c). en interoperability and ease the electronic through a single, governmentwide point of (c) CERTIFICATION OF INABILITY TO MEET interchange of information. entry; and ‘‘(c) AGENCY PROCEDURES.—The head of GOAL IN 2004.—If the Secretary determines ‘‘(ii) permitting the public to respond to each executive agency shall ensure that sys- that any department or agency of the De- the solicitation electronically.’’. tems, technologies, procedures, and proc- partment will be unable to meet the goal (2) Section 18(c)(1) of the Office of Federal esses established pursuant to this section— specified in subsection (a)(2)(C) by the date Procurement Policy Act (41 U.S.C. 416(c)(1)) ‘‘(1) are implemented with uniformity specified in that subsection, the Secretary is amended— throughout the agency, to the extent prac- shall certify that determination to the Com- (A) by striking out subparagraphs (A) and ticable; mittee on Armed Services of the Senate and (B); ‘‘(2) facilitate access to Federal Govern- the Committee on National Security of the (B) by redesignating subparagraphs (C), ment procurement opportunities, including House of Representatives. The Secretary opportunities for small business concerns, (D), (E), (F), (G), and (H) as subparagraphs shall submit such certification, if at all, not socially and economically disadvantaged (B), (C), (D), (E), (F), and (G), respectively; later than January 1, 2003. small business concerns, and business con- and cerns owned predominantly by women; and (C) by inserting before subparagraph (B), as HARKIN (AND DURBIN) ‘‘(3) ensure that any notice of agency re- so redesignated, the following new subpara- AMENDMENT NO. 747 quirements or agency solicitation for con- graph (A): tract opportunities is provided in a form ‘‘(A) the proposed procurement is for an Mr. LEVIN (for Mr. HARKIN, for him- that allows convenient and universal user amount not greater than the simplified ac- self and Mr. DURBIN) proposed an access through a single, government-wide quisition threshold and is to be conducted amendment to the bill, S. 936, supra; as point of entry. by— follows: ‘‘(d) IMPLEMENTATION.—The Administrator ‘‘(i) using widespread electronic public no- tice of the solicitation in a form that allows On page 59, after line 14, add the following shall, in carrying out the requirements of convenient and universal user access new paragraph (3): this section— through a single, governmentwide point of ‘‘(3) The Secretary of a military depart- ‘‘(1) issue policies to promote, to the max- entry; and ment may conduct a pilot program, con- imum extent practicable, uniform implemen- ‘‘(ii) permitting the public to respond to sistent with applicable requirements of law, tation of this section by executive agencies, the solicitation electronically.’’. to test any practices referred to in paragraph with due regard for differences in program requirements among agencies that may re- (3) The amendments made by paragraphs (2) that the Secretary determines could im- (1) and (2) shall be implemented in a manner prove the efficiency and effectiveness of quire departures from uniform procedures and processes in appropriate cases, when consistent with any applicable international depot-level operations, improve the support agreements. provided by depot-level activities for the warranted because of the agency mission; (f) CONFORMING AND TECHNICAL AMEND- armed forces user of the services of such ac- ‘‘(2) ensure that the head of each executive MENTS.—(1) Section 5061 of the Federal Ac- tivities, and enhance readiness by reducing agency complies with the requirements of subsection (c) with respect to the agency quisition Streamlining Act of 1994 (41 U.S.C. the time that it takes to repair equipment.’’ 413 note) is amended— On page 101, between lines 21 and 22, insert systems, technologies, procedures, and proc- esses established pursuant to this section; (A) in subsection (c)(4)— the following: (i) by striking out ‘‘the Federal acquisition ‘‘(3) For the purposes of this section, the and ‘‘(3) consult with the heads of appropriate computer network (‘FACNET’)’’ and insert- term ‘best commercial inventory practice’ ing in lieu thereof ‘‘the electronic com- includes a so-called prime vendor arrange- Federal agencies with applicable technical and functional expertise, including the Office merce’’; and ment and any other practice that the Direc- (ii) by striking out ‘‘(as added by section tor determines will enable the Defense Lo- of Information and Regulatory Affairs, the National Institute of Standards and Tech- 9001)’’; and gistics Agency to reduce inventory levels (B) in subsection (e)(9)(A), by striking out and holding costs while improving the re- nology, the General Services Administra- tion, and the Department of Defense. ‘‘, or by dissemination through FACNET,’’. sponsiveness of the supply system to user (2) Section 5401 of the Clinger-Cohen Act of needs.’’ ‘‘(e) ELECTRONIC COMMERCE DEFINED.—For the purposes of this section, the term ‘elec- 1996 (divisions D and E of Public Law 104–106; On page 268, line 8, strike out ‘‘(L)’’ and in- 40 U.S.C. 1501) is amended— sert in lieu thereof the following: tronic commerce’ means electronic tech- niques for accomplishing business trans- (A) in subsection (a)— ‘‘(L) Actions that can be taken to ensure (i) by striking out ‘‘through the Federal that each comptroller position and each actions, including electronic mail or mes- saging, World Wide Web technology, elec- Acquisition Computer Network (in this sec- comparable position in the Department of tronic bulletin boards, purchase cards, elec- tion referred to as ‘FACNET’)’’; and Defense, whether filled by a member of the tronic funds transfers, and electronic data (ii) by striking out the last sentence; Armed Forces or a civilian employee, is interchange.’’. (B) in subsection (b)— filled by a person who, by reason of edu- (b) REPEAL OF REQUIREMENTS FOR IMPLE- (i) by striking out ‘‘ADDITIONAL FACNET cation, technical competence, and experi- MENTATION OF FACNET CAPABILITY.—Section FUNCTIONS.—’’ and all that follows through ence, has the core competencies for financial 30A of the Office of Federal Procurement ‘‘(41 U.S.C. 426(b)), the FACNET architec- management. Policy Act (41 U.S.C. 426a) is repealed. ture’’ and inserting in lieu thereof ‘‘FUNC- ‘‘(M)’’. (c) REPEAL OF REQUIREMENT FOR GAO RE- TIONS.—(1) The system for providing on-line PORT.—Section 9004 of the Federal Acquisi- computer access’’; and THOMPSON (AND GLENN) tion Streamlining Act of 1994 (41 U.S.C. 426a (ii) in paragraph (2), by striking out ‘‘The AMENDMENT NO. 748 note) is repealed. FACNET architecture’’ and inserting in lieu (d) REPEAL OF CONDITION FOR USE OF SIM- there for ‘‘The system for providing on-line Mr. THURMOND (for Mr. THOMPSON, PLIFIED ACQUISITION PROCEDURES.—Section 31 computer access’’; for himself and Mr. GLENN) proposed an of the Office of Federal Procurement Policy (C) in subsection (c)(1), by striking out amendment to the bill, S. 936, supra; as Act (41 U.S.C. 427) is amended— ‘‘the FACNET architecture’’ and inserting in follows: (1) by striking out subsection (e); and lieu thereof ‘‘the system for providing on- (2) by redesignating subsections (f) and (g) At the end of subtitle E of title VIII, add line computer access’’; and as subsections (e) and (f), respectively. (D) by striking out subsection (d). the following: (e) AMENDMENTS TO PROCUREMENT NOTICE (3)(A) Section 2302c of title 10, United SEC. ll. USE OF ELECTRONIC COMMERCE IN REQUIREMENTS.—(1) Section 8(g)(1) of the States Code, is amended to read as follows: FEDERAL PROCUREMENT. Small Business Act (15 U.S.C. 637(g)(1)) is (a) POLICY.—Section 30 of the Office of Fed- amended— ‘‘§ 2302c. Implementation of electronic com- eral Procurement Policy Act (41 U.S.C. 426) (A) by striking out subparagraphs (A) and merce capability is amended to read as follows: (B); ‘‘(a) IMPLEMENTATION OF ELECTRONIC COM- ‘‘SEC. 30. USE OF ELECTRONIC COMMERCE IN (B) by redesignating subparagraphs (C), MERCE CAPABILITY.—(1) The head of each FEDERAL PROCUREMENT. (D), (E), (F), (G), and (H) as subparagraphs agency named in paragraphs (1), (5) and (6) ‘‘(a) IN GENERAL.—The head of each execu- (B), (C), (D), (E), (F), and (G), respectively; shall implement the electronic commerce ca- tive agency, after consulting with the Ad- and pability required by section 30 of the Office

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7019 of Federal Procurement Policy Act (41 U.S.C. 1996 (divisions D and E of Public Law 104–106; (3) the expected dates for leadership 426). 40 U.S.C. 1492(c)) is amended— changes in each Army Corps of Engineers ‘‘(2) The Secretary of Defense shall act (1) in subparagraph (A), by striking out ‘‘, District during that period; through the Under Secretary of Defense for and ranking of alternative sources,’’ and in- (4) a plan for optimizing the timing of lead- Acquisition and Technology to implement serting in lieu thereof ‘‘or sources,’’; ership changes so that there is minimal dis- the capability within the Department of De- (2) in subparagraph (B)— ruption to major phases of major Army fense. (A) in the matter preceding clause (i), by Corps of Engineers projects; and ‘‘(3) In implementing the electronic com- inserting ‘‘(or a longer period, if approved by (5) a review of the impact on the Army merce capability pursuant to paragraph (1), the Administrator)’’ after ‘‘30 to 60 days’’; Corps of Engineers, and on the mission of the head of an agency referred to in para- (B) in clause (i), by inserting ‘‘or sources’’ each District, of allowing major command graph (1) shall consult with the Adminis- after ‘‘source’’; and tours of District Engineers to be 2 to 4 years trator for Federal Procurement Policy. (C) in clause (ii), by striking out ‘‘that in duration, with the selection of the exact ‘‘(b) DESIGNATION OF AGENCY OFFICIAL.— source’’ and inserting in lieu thereof ‘‘the timing of the change of command to be at The head of each agency named in paragraph (5) or (6) of section 2303 of this title shall des- source whose offer is determined to be most the discretion of the Chief of Engineers who ignate a program manager to implement the advantageous to the Government’’; and shall act with the goal of optimizing the tim- electronic commerce capability for that (3) in subparagraph (C), by striking out ing of each change so that it has minimal agency. The program manager shall report ‘‘with alternative sources (in the order disruption on the mission of the District En- directly to an official at a level not lower ranked)’’. gineer. than the senior procurement executive des- (b) TIME MANAGEMENT DISCIPLINE.—Para- ignated for the agency under section 16(3) of graph (12) of such section is amended by in- serting before the period at the end the fol- SANTORUM (AND LIEBERMAN) the Office of Federal Procurement Policy AMENDMENT NO. 750 Act (41 U.S.C. 414(3)).’’. lowing: ‘‘, except that the Administrator (B) Section 2304(g)(4) of such title 10 is may approve the application of a longer Mr. THURMOND (for Mr. SANTORUM, amended by striking out ‘‘31(g)’’ and insert- standard period’’. for himself and Mr. LIEBERMAN) pro- ing in lieu thereof ‘‘31(f)’’. posed an amendment to the bill, S. 936, (4)(A) Section 302C of the Federal Property GRAHAM AMENDMENT NO. 749 and Administrative Services Act of 1949 (41 supra; as follows: U.S.C. 252c) is amended to read as follows: Mr. LEVIN (for Mr. GRAHAM) pro- At the end of subtitle E of title X, add the ‘‘SEC. 302C. IMPLEMENTATION OF ELECTRONIC posed an amendment to the bill, S. 936, following: COMMERCE CAPABILITY. supra; as follows: SEC. 844. TWO-YEAR EXTENSION OF APPLICA- ‘‘(a) IMPLEMENTATION OF ELECTRONIC COM- At the end of subtitle E of title X, add the BILITY OF FULFILLMENT STAND- ARDS FOR DEFENSE ACQUISITION MERCE CAPABILITY.—(1) The head of each ex- following: ecutive agency shall implement the elec- WORKFORCE TRAINING REQUIRE- SEC. 10 . REPORT ON THE COMMAND SELEC- tronic commerce capability required by sec- MENTS. TION PROCESS FOR DISTRICT ENGI- Section 812(c)(2) of the National Defense tion 30 of the Office of Federal Procurement NEERS OF THE ARMY CORPS OF EN- Policy Act (41 U.S.C. 426). GINEERS. Authorization Act for Fiscal Year 1993 (Pub- lic Law 102–484; 106 Stat. 2451; 10 U.S.C. 1723 ‘‘(2) In implementing the electronic com- (a) FINDINGS.—Congress finds that— merce capability pursuant to paragraph (1), (1) the Army Corps of Engineers— note) is amended by striking out ‘‘October 1, the head of an executive agency shall consult (A) has served the United States since the 1997’’ and inserting in lieu thereof ‘‘October with the Administrator for Federal Procure- establishment of the Corps in 1802; 1, 1999’’. ment Policy. (B) has provided unmatched combat engi- ‘‘(b) DESIGNATION OF AGENCY OFFICIAL.— neering services to the Armed Forces and the The head of each executive agency shall des- HARKIN (AND KEMPTHORNE) allies of the United States, both in times of AMENDMENT NO. 751 ignate a program manager to implement the war and in times of peace; electronic commerce capability for that (C) has brilliantly fulfilled its domestic Mr. LEVIN (for Mr. HARKIN, for him- agency. The program manager shall report mission of planning, designing, building, and self and Mr. KEMPTHORNE) proposed an directly to an official at a level not lower operating civil works and other water re- than the senior procurement executive des- amendment to the bill, S. 936, supra; as sources projects; ignated for the executive agency under sec- follows: (D) must remain constantly ready to carry tion 16(3) of the Office of Federal Procure- out its wartime mission while simulta- At the end of subtitle E of title V, add the ment Policy Act (41 U.S.C. 414(3)).’’. following: (B) Section 303(g)(5) of the Federal Prop- neously carrying out its domestic civil works mission; and SEC. 664. SUBSISTENCE OF MEMBERS OF THE erty and Administrative Services Act (41 ARMED FORCES ABOVE THE POV- U.S.C. 253(g)(5)) is amended by striking out (E) continues to provide the United States with these services in projects of previously ERTY LEVEL. ‘‘31(g)’’ and inserting in lieu thereof ‘‘31(f)’’. (a) FINDINGS.—Congress makes the fol- (h) EFFECTIVE DATE.—(1) Except as pro- unknown complexity and magnitude, such as the Everglades Restoration Project and the lowing findings: vided in paragraph (2), the amendments (1) The morale and welfare of members of made by this section shall take effect 180 Louisiana Wetlands Restoration Project; (2) the duration and complexity of these the Armed Forces and their families are key days after the date of the enactment of this components of the readiness of the Armed Act. projects present unique management and Forces. (2) The repeal made by subsection (c) of leadership challenges to the Army Corps of this section shall take effect on the date of Engineers; (2) Several studies have documented sig- the enactment of this Act. (3) the effective management of these nificant instances of members of the Armed Forces and their families relying on various SEC. ll. CONFORMANCE OF POLICY ON PER- projects is the primary responsibility of the FORMANCE BASED MANAGEMENT District Engineer; forms of income support under programs of OF CIVILIAN ACQUISITION PRO- (4) District Engineers serve in that posi- the Federal Government, including assist- GRAMS WITH POLICY ESTABLISHED tion for a term of 2 years and may have their ance under the Food Stamp Act of 1977 (7 FOR DEFENSE ACQUISITION PRO- term extended for a third year on the rec- U.S.C. 2012(o)) and assistance under the spe- GRAMS. ommendation of the Chief of Engineers; and cial supplemental nutrition program for (a) PERFORMANCE GOALS.—Section 313(a) of (5) the effectiveness of the leadership and women, infants, and children under section the Federal Property and Administrative management of major Army Corps of Engi- 17 of the Child Nutrition Act of 1966 (42 Services Act of 1949 (41 U.S.C. 263(a)) is neers projects may be enhanced if the timing U.S.C. 1786). amended to read as follows: of District Engineer reassignments were (b) SENSE OF CONGRESS.—It is the sense of ‘‘(a) CONGRESSIONAL POLICY.—It is the pol- phased to coincide with the major phases of Congress that the Secretary of Defense icy of Congress that the head of each execu- should strive— tive agency should achieve, on average, 90 the projects. (1) to eliminate the need for members of percent of the cost, performance, and sched- (b) REPORT.—Not later than March 31, 1998, the Armed Forces and their families to sub- ule goals established for major acquisition the Secretary of Defense shall submit a re- sist at, near, or below the poverty level; and programs of the agency.’’. port to Congress that contains— (2) to improve the wellbeing and welfare of (b) CONFORMING AMENDMENT TO REPORTING (1) an identification of each major Army REQUIREMENT.—Section 6(k) of the Office of Corps of Engineers project that— members of the Armed Forces and their fam- Federal Procurement Policy Act (41 U.S.C. (A) is being carried out by each District ilies by implementing, and programming full 405(k)) is amended by inserting ‘‘regarding Engineer as of the date of the report; or funding for, programs that have proven effec- major acquisitions that is’’ in the first sen- (B) is being planned by each District Engi- tive in elevating the standard of living of tence after ‘‘policy’’. neer to be carried out during the 5-year pe- members and their families significantly SEC. ll. MODIFICATION OF PROCESS REQUIRE- riod beginning on the date of the report; above the poverty level. MENTS FOR THE SOLUTIONS-BASED (2) the expected start and completion (c) STUDY REQUIRED.—(1) The Secretary of CONTACTING PILOT PROGRAM. dates, during that period, for each major Defense shall conduct a study of members of (a) SOURCE SELECTION.—Paragraph (9) of phase of each project identified under para- the Armed Forces and their families who section 5312(c) of the Clinger-Cohen Act of graph (1); subsist at, near, or below the poverty level.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7020 CONGRESSIONAL RECORD — SENATE July 8, 1997 (2) The study shall include the following: the disposal of chemical weapons and agents mittee on Agriculture, Nutrition, and (A) An analysis of potential solutions for in order to facilitate the disposal of such Forestry be allowed to meet during the mitigating or eliminating the need for mem- weapons and agents without the construc- session of the Senate on Tuesday, July bers of the Armed Forces and their families tion of additional chemical weapons disposal 8, 1997, at 9 a.m. in SR–328A to receive to subsist at, near, or below the poverty facilities in the continental United States. level, including potential solutions involving (b) ELEMENTS.—The report shall include testimony regarding rural electric loan changes in the systems and rates of basic al- the following: portfolio and electricity deregulation. lowance for subsistence, basic allowance for (1) a description of each option evaluated; The PRESIDING OFFICER. Without quarters, and variable housing allowance. (2) an assessment of the lifecycle costs and objection, it is so ordered. (B) Identification of the populations most risks associated with each option evaluated; COMMITTEE ON ARMED SERVICES likely to need income support under Federal (3) a statement of any technical, regu- Mr. THURMOND. Mr. President, I Government programs, including— latory, or other requirements or obstacles (i) the populations living in areas of the with respect to each option, including with ask unanimous consent that the Com- United States where housing costs are nota- respect to any transportation of weapons or mittee on Armed Services be author- bly high; agents that is required for the option; ized to meet on Tuesday, July 8, 1997, (ii) the populations living outside the (4) an assessment of incentives required for at 2:15 p.m. in executive session, to United States; and sites to accept munitions or agents from out- consider the nomination of Gen. Wes- (iii) the number of persons in each identi- side their own locales, as well as incentives ley K. Clark, USA, to be Commander- fied population. to enable transportation of these items in-Chief, U.S. European Command. (C) The desirability of increasing rates of across state lines; The PRESIDING OFFICER. Without basic pay and allowances over a defined pe- (5) an assessment of the cost savings that riod of years by a range of percentages that could be achieved through either the applica- objection, it is so ordered. provides for higher percentage increases for tion of uniform federal transportation or COMMITTEE ON GOVERNMENTAL AFFAIRS lower ranking personnel than for higher safety requirements and any other incen- Mr. THURMOND. Mr. President, I ranking personnel. tives consistent with the transportation and ask unanimous consent on behalf of the (d) IMPLEMENTATION OF DEPARTMENT OF DE- safe disposal of stockpile and nonstockpile Governmental Affairs Committee spe- FENSE SPECIAL SUPPLEMENTAL FOOD PRO- chemical weapons and agents; and cial investigation to meet on Tuesday, GRAM FOR PERSONNEL OUTSIDE THE UNITED (6) proposed legislative language necessary STATES.—(1) Section 1060a(b) of title 10, to implement options determined by the Sec- July 8, at 10 a.m. for a hearing on cam- United States Code, is amended to read as retary to be worthy of consideration by the paign financing issues. follows: Congress. The PRESIDING OFFICER. Without ‘‘(b) FEDERAL PAYMENTS AND COMMOD- f objection, it is so ordered. ITIES.—For the purpose of obtaining Federal SUBCOMMITTEE ON ADMINISTRATION OVERSIGHT payments and commodities in order to carry NOTICE OF HEARINGS AND THE COURTS out the program referred to in subsection (a), COMMITTEE ON ENERGY AND NATURAL Mr. THURMOND. Mr. President, I the Secretary of Agriculture shall make RESOURCES available to the Secretary of Defense the ask unanimous consent that the Sub- same payments and commodities as are Mr. MURKOWSKI. Mr. President, I committee on Administrative Over- made for the special supplemental food pro- would like to announce for the infor- sight and the Courts, of the Senate gram in the United States under section 17 of mation of the Senate and the public Committee on the Judiciary, be au- the Child Nutrition Act of 1966 (42 U.S.C. that the nominations of Robert G. thorized to meet during the session of 1786). Funds available for the Department of Stanton to be Director, National Park the Senate on Tuesday, July 8, 1997, at Defense may be used for carrying out the Service and Kneeland C. Youngblood to 9:30 a.m. to hold a hearing in room 226, program under subsection (a).’’. be a member of the U.S. Enrichment Senate Dirksen Building, on: ‘‘Over- (2) Not later than 90 days after the date of the enactment of this Act, the Secretary of Corporation will be considered at the sight of the administrative process for Defense shall submit to Congress a report re- hearing scheduled for Thursday, July disposing of Government surplus parts garding the Secretary’s intentions regarding 17, 1997, at 9:30 a.m. in room SD–366 of and equipment.’’ implementation of the program authorized the Dirksen Senate Office Building in The PRESIDING OFFICER. Without under section 1060a of title 10, United States Washington, DC. objection, it is so ordered. Code, including any plans to implement the For further information, please call SUBCOMMITTEE ON AFRICAN AFFAIRS program. Camille Flint at (202) 224–5070. Mr. THURMOND. Mr. President, I COMMITTEE ON ENERGY AND NATURAL ask unanimous consent that the Afri- WARNER AMENDMENT NO. 752 RESOURCES can Affairs Subcommittee of the Com- (Ordered to lie on the table.) Mr. MURKOWSKI. Mr. President, I mittee on Foreign Relations be author- Mr. WARNER submitted an amend- would like to announce for the public ized to meet during the session of the ment intended to be proposed by him that a hearing has been scheduled be- Senate on Tuesday, July 8, 1997, at 10 to the bill, S. 935, supra; as follows: fore the full Committee on Energy and a.m. to hold a hearing. At the end of subtitle F of title V, add the Natural Resources. The PRESIDING OFFICER. Without following: The hearing will take place Tuesday, objection, it is so ordered. SEC. 557. GRADE OF DEFENSE ATTACHE´ IN July 22, 1997, at 9 a.m. in room SD–366 SUBCOMMITTEE ON EAST ASIAN AND PACIFIC FRANCE. of the Dirksen Senate Office Building AFFAIRS The Secretary of Defense and the Chair- in Washington, DC. Mr. THURMOND. Mr. President, I man of the Joint Chiefs of Staff shall take The purpose of the hearing is to re- ask unanimous consent that the Sub- actions appropriate to ensure that each offi- view the Department of the Interior’s committee on East Asian and Pacific cer selected for assignment to the position of handling of the Ward Valley land con- defense attache´ in France is an officer who Affairs of the Committee on Foreign holds, or is promotable to, the grade of brig- veyance, the findings of a new General Relations to authorized to meet during adier general or, in the case of the Navy, Accounting Office [GAO] report on the the session of the Senate on Tuesday, rear admiral (lower half). issue, and to receive testimony on S. July 8, 1997, at 2:30 p.m. to hold a hear- 964, the Ward Valley Land Transfer ing. MURKOWSKI AMENDMENT. NO. 753 Act. The PRESIDING OFFICER. Without Those wishing to submit written objection, it is so ordered. Mr. MURKOWSKI proposed an statements should contact David f amendment to the bill, S. 936, supra; as Garman of the committee staff at (202) follows: 224–8115. ADDITIONAL STATEMENTS At an appropriate place in title III, insert f the following: SEC. . REPORT ON OPTIONS FOR THE DISPOSAL AUTHORITY FOR COMMITTEES TO SPECIAL THANKS TO THE TASTY OF CHEMICAL WEAPONS AND MEET BAKING CO. OF PHILADELPHIA AGENTS. COMMITTEE ON AGRICULTURE, NUTRITION, AND ∑ (a) REQUIREMENT.—Not later than March Mr. SANTORUM. Mr. President, I 15, 1998, the Secretary of Defense shall sub- FORESTRY would like to take a few moments of mit to Congress a report on the options Mr. THURMOND. Mr. President, I Senate business to give a special word available to the Department of Defense for ask unanimous consent that the Com- of thanks to the Tasty Baking Co. for

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7021 its generosity to some very special In response to these types of alarm- The Safer Schools Act of 1997 will inner-city children. ing figures, Senator DORGAN and I in- prevent kids who do bring a gun to As many of my colleagues may re- troduced the Gun Free Schools Act in school from slipping through a school’s call, the Philadelphia Flyers recently 1994 to set a zero-tolerance policy to reasonable disciplinary process. faced the Detroit Red Wings in the keep America’s schools gun-free. The Fortunately, last September’s court Stanley Cup Finals. To make the game goal of this legislation was to remove ruling that a gun can be excluded from a bit more interesting, Senator ABRA- firearms from all public schools in the use as evidence in an internal school HAM and I placed a friendly wager on United States. disciplinary proceeding was ultimately the outcome. Unlike most interests in Although we still have a way to go to reversed. But a similar ruling could be this series, the junior Senator from make all schools gun-free, this zero- made in another State. Michigan and I each picked a food tolerance policy is working to make This legislation would send a clear donor and an inner-city school that our schools safer. A preliminary report signal that guns have no place in the would receive a complimentary party. recently released from the U.S. Depart- hands of our children or in the hall- If the Flyers lost, the Tasty Bakery ment of Education provides irrefutable ways and classrooms of their schools. agreed to donate 800 Tastykakes—400 proof that this law is well on its way All children should be able to go to to Warren G. Harding Elementary toward meeting this important goal. I school without fearing for their safety. School in Detroit and 400 to William am told that a full report on all the This legislation also would say to Penn High School in Philadelphia. If States will be due out sometime later school administrators throughout the the Red Wings lost, Little Caesars this summer. Nation that it is perfectly legitimate Pizza would give a pizza party to both The Gun Free Schools Act has been to conduct a disciplinary proceeding in schools. Regardless of the outcome, the responsible for the expulsions of more cases where a student has brought a children stood to win. than 6,276 students in 29 States caught gun to school. The schools can conduct Mr. President, I’m sorry to say that during the 1995–96 school year for try- a fair and reasonable proceeding that the Flyers did not bring the Stanley ing to carry guns to school. This means allows them to ensure the safety of Cup back home to Pennsylvania. So, on there were 6,276 fewer opportunities for their school grounds. June 16, the students of William Penn a child to be killed or injured by gun- The bottom line is that the Gun Free enjoyed their complimentary fire at school in the United States. Ac- Schools Act has helped reduce the Tastykakes and Crazy Bread—which cording to the California Department threat of guns from our Nation’s Little Caesars graciously donated de- of Education, there were 1,039 firearms- schools. With the Safer Schools Act of spite the Red Wings’ victory. Recently, related expulsions in public schools in 1997, we give school officials and teach- the children of Warren G. Harding Ele- California during this same period. The ers much needed flexibility to ensure mentary celebrated their victory entire State of California has 1,043 that America’s schools are safe havens party. school districts. Amazingly, this trans- so that children can escape the vio- In closing, I would like to thank Lit- lates into an average of one expulsion lence that engulfs so many of their tle Caesars and the men and women at for every district in my State. lives. the Tasty Bakery for making these Today, each and every one of the 50 I urge my colleagues to support this parties possible. I would particularly States and the District of Columbia legislation.∑ like to thank Kathleen Grim, Tasty have complied with the Gun Free f Bakery’s manager of community af- Schools Act by passing laws requiring TRIBUTE TO NEW HAMPSHIRE’S fairs, for coordinating this effort. I ask schools to expel—for at least 1 year 368TH ENGINEER BATTALION ON my colleagues to join me in extending —students who are caught carrying a THEIR 50TH ANNIVERSARY the Senate’s best wishes for continued gun. success to the Tasty Bakery in Phila- But the ruling of an appellate court ∑ Mr. SMITH of New Hampshire. Mr. delphia, PA.∑ in New York threatens to undermine President, I rise today to pay tribute f the progress we have made in setting a to New Hampshire’s 368th Engineer zero-tolerance policy for guns in Battalion as they celebrate their 50th SAFER SCHOOLS ACT OF 1997 schools. anniversary at a gala celebration in ∑ Mrs. FEINSTEIN. Mr. President, I The appellate court in this particular Manchester on July 19th. rise today to urge my colleagues to case applied the same evidentiary Mr. President, I wish to honor the support legislation introduced by Sen- standards that apply to criminal pro- nearly 1,000 men and women of New ator BYRON DORGAN and myself—the ceedings in what was a school discipli- Hampshire’s 368th Engineer Battalion Safer Schools Act of 1997—which will nary action. The school, however, re- who are known as much for their ef- ensure that students who bring guns to fused to lift the student’s suspension forts in international peace building school can be suspended. and as a result, their action was upheld campaigns as their wartime readiness. This legislation was originally intro- by the State Court of Appeals. They have earned an enviable reputa- duced late last session in reaction to a Mr. President, I believe that common tion from their community action startling ruling by an appellate court sense was cast aside with the appellate projects that include building roads, in New York that said a student should court ruling. Incredibly, what the ap- bridges, schools, hospitals to disaster not have been suspended from school pellate court’s decision said was that relief projects. because the weapon he was carrying this student should not have been ex- The 368th Engineer Battalion was was uncovered during a search without pelled from school and that his record formed in 1947 from engineer and heavy a warrant. should be expunged from any wrong- maintenance units. The battalion has We have reached a crisis in this coun- doing in the case. been headquartered in Concord and try—a crisis which makes it difficult Our legislation states very clearly Manchester and they have also had for parents to see their children off to that the exclusionary rule should not units in Laconia, Rochester, Gilford, school in the morning, for fear they be applied in school disciplinary pro- West Lebanon, NH, as well as White will never see them again. ceedings. What the legislation says is River Junction, VT, and Attleboro and Each day in America, it is estimated that you cannot exclude a gun as evi- Danvers, MA. that 100,000 guns are brought into dence in a disciplinary action in The 368th Battalion has made a sub- American schools. According to the school. stantial contribution to the quality of Centers for Disease Control, 2 in 25 This common-sense legislation does life for residents of the Granite State. high school students, or 7.9 percent, re- not violate the constitutional rights of The Engineer Battalion has developed port having carried a gun in the last 30 children. This bill does not exonerate disaster relief models for such disasters days. In Los Angeles, according to an school officials who conduct unreason- as the recent Alton, NH dam breach ACLU survey conducted earlier this able or unlawful searches and persons where the unit played a critical role in year, 49 percent of high school students who have been aggrieved will have clearing flood debris, stabilizing ero- said they have seen a weapon in school, every right to pursue judicial or statu- sion and restoring local transportation many of them guns. tory remedies available. facilities for the residents of the small

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7022 CONGRESSIONAL RECORD — SENATE July 8, 1997 Lakes Region community, which I and As we approach the 221st anniversary vania, and most currently, the Dr. the citizens of Alton are very thankful of our Nation’s independence, it is ap- Ruth W. Hayre Scholarship Fund. Dr. for their exceptional work in that time propriate that we remember the brav- Hayre is also actively involved in reli- of crisis. Helping others is the corner- ery and commitment of individuals gious, civic, and community service or- stone of the 368th Engineer Battalion, like Lieutenant Ward and Sergeant ganizations such as the Northeast- making the Granite State a safer place Drager. We continue to enjoy the free- erners, the Coalition of 100 Black to live and raise a family. doms that we have cherished since the Women, and the Alpha Kappa Alpha so- The 368th has seen their share of founding of the Republic because of the rority. service on foreign soils in their 50-year sacrifice of millions of courageous men Dr. Hayre has received numerous history, where they have lived and co- and women who heeded the call to duty awards and commendations for her operated with the civilian community when our Nation needed them. contributions to the field of education. including the countries of Italy, Ger- America is profoundly thankful for For instance, the Governor of Pennsyl- many, Honduras, Guatemala, Korea, the patriotism of these men, and for vania honored her as a Distinguished and Kenya. They have continued their this reason I stand today to recognize Daughter of Pennsylvania for estab- community action projects in building them for their accomplishments.∑ lishing the Wings to Excellence Pro- gram at William Penn High School. clinics, roads, and sanitation facilities f which have had long term impact on Likewise, she received the Philadelphia TRIBUTE TO DR. RUTH WRIGHT the quality of civilian life and health Award for her efforts to provide quality HAYRE for the people of the world. education for all. The University of The decision by the U.S. Government ∑ Mr. SANTORUM. Mr. President, I Pennsylvania and Temple University to invest $17 million to create a new rise today to honor Dr. Ruth Wright have each granted her honorary doc- joint service reserve center at Man- Hayre upon her retirement as president toral degrees. Similarly, she received chester Airport is a testament to the of the Philadelphia School District’s national recognition for establishing a professionalism and commitment to Board of Education. fund at Temple University to provide excellence embodied in the 368th. The Dr. Hayre is a remarkable woman college tuition for 119 graduates of the facility will enable the 368th to con- whose successful career was built on sixth grade classes of the Kenderton tinue serving our Nation with distinc- the strong work ethic she developed and Wright Schools who complete high tion well into the next century. early in life. At the age of 15, Dr. Hayre school and are admitted to an accred- I commend New Hampshire’s 368th graduated with honors from West ited college. All of her achievements Engineer Battalion for their dedication Philadelphia High School. After win- notwithstanding, Dr. Hayre once re- to the community which is the embodi- ning the mayor’s scholarship to the marked that her greatest accomplish- ment of the American ideal. People University of Pennsylvania, she earned ment was, ‘‘Being a wife, a mother, and like the members of the 368th are the both her undergraduate and graduate a grandmother.’’ Mr. President, Dr. Hayre is truly a backbone of their communities and our degrees. great American. She has dedicated her Nation. I am proud to represent them Once Ruth completed her studies, she life to one of the single most important in the U.S. Senate. Happy 50th anniver- began a distinguished career in the vocations—educating young people. I sary.∑ field of education. Dr. Hayre’s teaching career began at Arkansas State Col- ask my colleagues to join me in hon- f lege, but eventually, Ruth returned to oring Dr. Ruth W. Hayre for her life- TRIBUTE TO NEW JERSEY WORLD Philadelphia to teach English at long accomplishments and in extending WAR II HEROES Sulzberger Junior High School. At Wil- the Senate’s best wishes for continued ∑ ∑ Mr. TORRICELLI. Mr. President, I liam Penn High School, she was pro- happiness as she retires. rise today to acknowledge the courage moted from teacher to vice principal f and sacrifice of 2d Lt. George A. Ward, and then to principal. Dr. Hayre’s REV. ROSCOE C. WILSON achievements are even more impressive of Hoboken, and S. Sgt. William ∑ Mr. HOLLINGS. Mr. President, I rise considering that she was the very first Drager, of Hackettstown, NJ. Lieuten- today in recognition of one of South ant Ward was the bombadier and Ser- African-American teacher in the Phila- Carolina’s finest citizens, Rev. Roscoe geant Drager the gunner on a B–24J delphia school system, the first Afri- C. Wilson, pastor of Saint John Baptist airplane during World War II flying can-American high school teacher, and Church in Columbia. For the past 50 missions out of a base near Liuzhou, the first African-American principal of years, Reverend Wilson has presided China. a Philadelphia senior high school. over the same church and during this On August 31, 1944, Lieutenant Ward, Still, this was only the beginning. time, the congregation has increased Sergeant Drager and eight other crew- Ruth rose to the position of super- from 150 to over 800 members. men off for what would be their second intendent of district four. Once again, Roscoe Wilson began his career of and final mission. The bomber success- her list of firsts grew, since she was the public service very early. In 1942, after fully attacked Japanese ships and first African-American superintendent graduation from high school, he joined dropped mines near Taiwan before of a Philadelphia public school. On De- the U.S. Army where he served for the heading back to base. However, the cember 2, 1985, she received an appoint- next 41⁄2 years. Upon his discharge in plane was diverted because their base ment to the Philadelphia Board of Edu- 1946, young Roscoe moved to Columbia, was under attack, and bad weather at cation. Five years later, Dr. Hayre was SC, and entered Benedict College where the alternate landing site resulted in unanimously elected president of the he earned his bachelor of arts and orders to circle while awaiting clear- board—becoming the first female to bachelor of divinity degrees. It was ance to land. hold this position. In 1991, she was re- there that he met his future wife, the They never made it. Their B–24 elected as president of the board. More- late Ethel Celeste Williams. crashed into a cliff 6,000 feet up the over, she has taught a course in urban In 1948, at an unusually tender age, side of Maoer Mountain, southern Chi- education and administration at the Roscoe Wilson was appointed pastor of na’s highest peak, where dense bamboo University of Pennsylvania. After Saint John Baptist Church. Together and grotto-like slashes in the granite years of dedication to the children of Roscoe and Ethel Wilson built a strong face swallowed the wreckage and the Philadelphia, she is retiring this year. parish and became part of the tightly bodies of all 10 crewmen. In addition to her commitment to knit Benedict College community. The crash site lay undisturbed for 52 education, Ruth has served her commu- Ethel Wilson worked at the college and years until two Chinese farmers hunt- nity in numerous other ways. She has was fondly named ‘‘Ma’’ by the stu- ing for wild herbs found it last October. served on the boards of many pres- dents. The Wilsons often provided The discovery finally solved the mys- tigious organizations including Blue housing for out-of-town students who tery of what happened to the crew, and Cross, the Philadelphia Council of Boy were unable to afford a room on cam- brought both some comfort and re- Scouts, the Afro-American Historical pus. Reverend Wilson still refers to newed heartache to the families of the and Cultural Museum, the Educational them as his foster children. The Wil- airmen. Alumni of the University of Pennsyl- sons raised two of their own, Roscoe,

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7023 Jr., and Preston. Roscoe, Jr., director comparable urban enterprises. At a ments that have been made in Guyana of the Midlands Marine Institute, a time when small businesses are being in the past 31 years. foundation for troubled youth, is mar- recognized for their valuable contribu- For 32 years, the country of Guyana ried to the former Eva Rakes, and has tions to our economic growth and sta- has worked to improve its standing two children, Renaldo and Asia. Pres- bility, small businesses are facing in- within the international community ton is a well-known carpenter in the creasing demands for credit, and Small and establish itself as a well-respected Columbia area, most noted for his Business Administration funding is fre- democracy. I am sure you will agree woodwork. quently being challenged. that Guyana has succeeded in these Social activism has appropriately Historically, rural economic activity two goals. Participation in both the been the hallmark of Reverend Wil- has been synonymous with agricultural United Nations and the Caribbean Free son’s pastoral career. During the early production. Today, this is no longer Trade Area have meant better rela- civil rights movement, he worked to the case. The number of farms in the tions with the rest of the world. In ad- peacefully integrate public health fa- United States has declined dramati- dition, the smooth transition of power cilities such as the Crafts-Farrow Men- cally from about 6 million in the first between President Hoyte and President tal Hospital and the Bryan S. Dorn half of this century, to about 2 million Jagan in 1992 signify the end of polit- Veterans Hospital. Saint John Baptist farms in 1990. While agriculture is still ical oppression in Guyana. Church, which has a large outreach an important component of rural I have been pleased with the United States’ decision to reinstate the eco- ministry, runs a progressive preschool America and its credit needs are rea- nomic assistance to Guyana it had sus- serving approximately 100 children be- sonably well addressed; the financial pended in 1982 because it represents our tween the ages of 3 and 5 years old. needs of rural nonagricultural business willingness to take an active interest This preschool program has been an require attention now more than ever. in Guyana. I hope that this partnership enormous success. Its pupils begin first While government sponsored enter- between Guyana and the United States prises [GSE’s] have contributed to the grade with strong skills and high con- will continue to flourish as Guyana fidence. successes of agriculture and rural hous- capitalizes on the progress that inde- In the little free time he has, Rev- ing by providing competitive and reli- pendence has encouraged. Privatiza- erend Wilson enjoys the outdoors. He able credit, there has been no GSE fi- tion, growth and decreased inflation loves to hunt and fish and occasionally nancing for rural nonagricultural busi- are only a few of the ways in which the returns to Texas to visit family. It is nesses. As all of these reports point quality of life in Guyana has improved. at home in Columbia, though, where he out, credit options for nonagricultural These reforms can and must continue. indulges his true passion, gardening. business are relatively scarce, expen- The Guyanese have made tremendous He says that tending his roses helps sive, and sometimes nonexistent. Yet, achievements so far. With the contin- him to focus on the important things. as the GAO and the Fed reports point ued commitment of its population, on- It is this care and focus which has out, economic development in these going growth can be a reality. I look made him such a successful pastor. He areas is actually hindered by these bor- forward to 32 more years of positive tends his congregation like his rose rowers’ difficulties in obtaining cap- news from this country.∑ bed. Saint John Baptist Church will ital. f dearly miss Reverend Wilson though The facts are worrisome. As the his work with the church and the com- RUPRI study points out, many rural TRIBUTE TO WILLIAM F. munity will undoubtedly continue. All areas were bypassed by recent employ- LUEBBERT of us in South Carolina are very grate- ment growth. Existing rural employ- ∑ Mr. SMITH of New Hampshire. Mr. ful for this Texas transplant. We wish ment is concentrated in slow-growth or President, I rise today to pay tribute him the very best in his future endeav- declining industries. Job growth in to William F. Luebbert of Hanover, NH, ors.∑ rural areas, particularly rural areas for his outstanding service as a volun- f that are not adjacent to metropolitan teer executive in Vladivostok, Russia. areas, is biased toward low-skill, low- William worked on a volunteer mis- RURAL CREDIT NEEDS wage activities. USDA has stated that sion with the International Executive ∑ Mr. BENNETT. Mr. President, I ad- ‘‘Rural economies are characterized by Service Corps, a nonprofit organization dress today an issue of significant im- a preponderance of small businesses, which sends retired Americans to as- portance to my home State of Utah. As fewer and smaller local sources of fi- sist businesses and private enterprises you know, the State of Utah is largely nancial capital, less diversification of in the developing countries and the rural. Of 29 counties in the State of business and industry, and fewer ties to new emerging democracies of Central Utah, 25 are classified as rural by the non-local economic activity.’’ and Eastern Europe and the former So- U.S. Department of Agriculture Rural nonagricultural businessmen viet Union. [USDA]. For this reason, I have a keen seek to be contributing members of our William assisted the Vladivostok State University of Economics with its interest in rural issues in general and, economic society. They do not seek a computer technology. He is the retired as a member of the banking com- Federal hand out. They look for equal director of academic computing at mittee, rural credit issues in par- credit opportunities and an oppor- USMA (West Point). William is also a ticular. tunity to participate fully in the same I have read with interest the recent retired U.S. Army colonel. business activities of their urban coun- William, and his wife Nancy, spent a reports from the Rural Policy Research terparts. Institute [RUPRI], the General Ac- month in Russia. Their outstanding pa- As a political body, we need to con- triotic engagement provides active as- counting Office [GAO], and the USDA sider the plight of rural non- sistance for people in need and helps on rural credit needs. I have also re- agricultural businesses and the great build strong ties of trust and respect viewed the proceedings of the Kansas potential that they offer our economy. between Russia and America. William’s City Fed’s conference on ‘‘Financing I bring this issue to the attention of mission aids at ending the cycle of de- Rural America.’’ These documents my colleagues in the hope we can work pendency on foreign assistance. present no surprises for those of us who together and review constructive solu- I commend William for his dedicated represent rural areas. While each study tions to this program.∑ service and I am proud to represent approaches its task in a unique man- f him in the U.S. Senate.∑ ner, all of these reports are similar in f their conclusions. They note that while GUYANA rural financial markets work reason- ∑ Mr. TORRICELLI. Mr. President, I SOUTH CAROLINA WATERMELONS: ably well, not all market segments are rise today to recognize Guyana as it MOTHER NATURE’S PERFECT equally well served. They all agree that celebrates the thirty-first anniversary CANDY small businesses from rural areas can of its independence. The Guyanese ∑ Mr. HOLLINGS. Mr. President, as have a difficult time obtaining financ- American community has a great deal Americans across the United States ing, have fewer credit options, and may of history to celebrate, and I wish to celebrated Independence Day this past well pay more for their credit than recognize the changes and advance- weekend, many enjoyed the summer

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7024 CONGRESSIONAL RECORD — SENATE July 8, 1997 delight of a red, juicy watermelon. I I hope they all will remember the folks [From the Washington Post, June 25, 1997] rise today to recognize watermelon in South Carolina who made this en- DIKTAT FROM WASHINGTON farmers, the people who make this deavor possible: Jim Williams of Wil- (By Jim Hoagland) Fourth of July tradition possible. liams Farms in Lodge; Les Tindal, our NEW YORK—The devil that always lurks All day yesterday and today, my State agriculture commissioner; Mar- in the details of cosmic feats of diplomacy staff, along with the staffs of Rep- tin Eubanks and Minta Wade of the has suddenly emerged to jab President Clin- resentative JOHN SPRATT and Rep- South Carolina Department of Agri- ton’s plans for NATO expansion with several resentative JIM CLYBURN, will be deliv- sharp pitchforks. culture; Randy Cockrell and the mem- The pitchforks will not derail the adminis- ering South Carolina watermelons to bers of the South Carolina Watermelon tration’s rush for expansion of the Atlantic offices throughout the Senate and Association; and finally, Bennie alliance. But they could tarnish an event House of Representatives. Thanks to Hughes and the South Carolina Water- Clinton had confidently expected to be a South Carolina watermelon farmers melon Board in Columbia. They all crown jewel in his presidential legacy—the such as Jim Williams of Lodge in have worked extremely hard to ensure NATO summit in Madrid two weeks away. Colleton County, those of us here in That meeting now will be approached with- that Congressmen can get a taste of out great enthusiasm by many of America’s Washington will be able to cool off South Carolina. from the summer heat with a delicious European allies, who are disturbed by what So, I hope everyone in our Nation’s some see as an American attempt to ‘‘dic- South Carolina watermelon. Capital will be smiling as they enjoy tate’’ to them who will be admitted as new This year, farmers across South the pleasure of a South Carolina water- members of the alliance. Carolina planted more than 11,000 acres melon.∑ France and a half-dozen other countries of watermelons. These are some of the will continue to press at the Madrid summit finest watermelons produced anywhere to add Romania and Slovenia to the list of in the United States. Watermelons of f approved candidates, French President all varieties—Jubilees, Sangrias, Jacques Chirac told Clinton in Denver last Allsweets, Star Brites, Crimson NATO ENLARGEMENT AT THE weekend during the Summit of the Eight, ac- Sweets, red seedless, yellow seedlesss, SUMMIT OF THE EIGHT cording to a senior French official aware of the contents of the conversation. and other hybrids are produced in ∑ Mr. D’AMATO. Mr. President, I rise The French do not expect to shake Amer- South Carolina and marketed across today to call to my colleagues’ atten- ica’s insistence that only the Czech Repub- the Nation. tion a column by Jim Hoagland of the lic, Hungary and Poland will be issued invi- Through the end of this month, farm- Washington Post that was published in tations at Madrid on July 7. All 16 members ers in Allendale, Bamberg, Barnwell, today’s edition on page A19. This col- accept those three candidates; nine of the 16 Colleton, Hampton, and other southern umn is entitled ‘‘’Diktat’ From Wash- favor expanding expansion to five. But Chirac’s remarks represent a rebuff for South Carolina counties will harvest ington,’’ and discusses what happened hundreds of thousands of watermelons. an American attempt to shut off debate on after the announcement that the the numbers game. Deputy Secretary of In the Pee Dee areas around Chester- United States would support only the State Strobe Talbott convoked the ambas- field, Darlington, and Florence coun- admission of Poland, the Czech Repub- sadors from NATO states on June 12 and de- ties, the harvest will continue until lic, and Hungary into NATO. livered what diplomats from three of Amer- about August 20. As Chairman of the Commission on ica’s closest allies described to me later as a Mr. President, as we savor the taste Security and Cooperation in Europe, ‘‘Diktat’’ that stunned them. The normally of these watermelons, we should re- better known as the Helsinki Commis- elegantly mannered Talbott’s demand for si- member the work and labor that goes lence would have done justice to Ring sion, I held a series of hearings on Lardner’s great line: ‘‘Shut up,’’ he ex- into producing such a delicious fruit. human rights and NATO enlargement, While Americans enjoyed watermelons plained.’’ and last week released a Commission The tone between Clinton and Chirac in at the beach and at backyard barbecues report assessing the readiness of can- Denver was far more cordial, but their fail- all over the Nation this past weekend, didate states to join the Alliance, ure to agree was clear: ‘‘Each one spoke as if most did not stop to consider where based upon our evaluation of their disappointed that he had not been able to they came from. Farmers will be labor- human rights compliance. In the convince the other of a very good argu- ing all summer in the heat and humid- ment,’’ a French official said. course of these hearings, I expressed ity to bring us what we call Mother Na- The Clintonites feel they minimize the ini- my support for the inclusion of Lith- ture’s perfect candy. These remarkable tial problems of expansion by sticking to uania, Latvia, Estonia, Poland, Hun- watermelons are sweet, succulent and, three clearly qualified candidates. Chirac ar- gary, the Czech Republic, Slovenia, and gues that rejection of Romania is unfair, im- most importantly, nutritious and fat Romania in the first round of NATO moral and certain to further destabilize free. The truth is, Mr. President, that expansion. NATO’s troubled southern flank. our farmers are too often the forgotten The bilateral French-U.S. meeting at the Now, Mr. Hoagland has recounted workers in our country. Through their economic summit also failed, as expected, to dedication and commitment, our Na- how the U.S. policy choice was con- resolve differences between Paris and Wash- tion is able to enjoy a wonderful selec- veyed to our allies and how they re- ington on internal NATO command arrange- tion of fresh fruit, vegetables and other ceived it, both before and at the Sum- ments. This means that the original U.S. foods. In fact, our agricultural system mit of the Eight, just concluded in hope that France would formally rejoin NATO’s military command at the Madrid is the envy of the world. Denver. I commend this account to my colleagues and suggest that they con- gathering and make it an even more glit- South Carolina farmers lead the way tering celebration has to be abandoned. in the production of watermelons. For sider what Hoagland calls the creation A third maximum U.S. goal got hooked by example, my State was a leader in the of at least a temporary line dividing gremlins at Denver when President Boris development of black plastic and irri- nations that suffered equally under So- Yeltsin made it clear that Russia would not gation to expand the watermelon grow- viet rule, and its probable con- treat the Madrid summit as a high-level ing season. By covering the earth in sequences in central and eastern Eu- celebration of unity and harmony. the spring with black plastic, farmers rope. Yeltsin curtly rejected a suggestion that he attend the gathering, saying pointedly are able to speed up the melons’ growth While I do not believe that equality of suffering is the standard by which that he would send his ambassador in Madrid by raising soil temperatures. In addi- instead. Later he was inveigled to upgrade tion, the plastic allows farmers to shut candidate NATO members should be Russia’s representation to a deputy prime out much of the visible light, which in- judged, I am afraid that omitting Slo- minister. hibits weed growth. In addition, I am venia, Romania, and the Baltic states Chirac, who worked hard to persuade pleased to note that the scientists at could cause future problems that could Washington not to back Yeltsin into a cor- the USDA Vegetable Laboratory in my be avoided if we admitted them now. I ner on NATO expansion, finds Yeltsin much hometown of Charleston continue to will have more to say on this subject as more at ease now that NATO and Moscow we approach the Madrid Summit. have signed an agreement establishing a strive to find even more efficient and NATO-Russia Council. Russian participation effective ways to produce one of our Mr. President, I ask that the afore- in the Denver summit provided Yeltsin with State’s most popular fruits. mentioned Jim Hoagland column be good arguments to use to explain NATO ex- Therefore, as Congressmen and their printed in the RECORD. pansion to the Russian public, Chirac be- staffs feast on watermelons this week, The column follows: lieves.

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7025 Yeltsin, Chirac and other Europeans seem search suggests that a 10% increase in price for Medicaid. The remaining one-third would to fear that the Clintonites will attempt to would reduce the number of teenagers who be applied to reducing the Federal deficit. turn Madrid into an event that combines smoke by 7%. If the proposed 43-cent hike in The industry has known and public health holding a beauty contest for potential mem- the Federal excise tax rate on cigarettes con- advocates have come to realize, however, bers and a crowning of the American presi- tained in the Hatch-Kennedy Bill were en- that an increase in the cigarette tax can in- dent as king of NATO. acted, the number of teenage smokers would fluence the behavior of smokers. The Amer- The Czechs, Poles and Hungarians could fall by approximately 16%. This translates ican Cancer Society, the Robert Wood John- hardly be blamed for using Madrid and its in- into more than 2.6 million fewer smokers and son Foundation, and other members of the vitation to NATO as a seal of approval by more than 850,000 fewer smoking related pre- antismoking lobby are supporting a proposal the world’s most important capitalist pow- mature deaths in the current cohort of 0 to to raise state cigarette tax rates to a uni- ers. They will advertise their NATO-ap- 17-year-olds. Adjusted for inflation, the cur- form 32 per pack nationwide in the next few proved stability to potential investors con- rent 24-cent-a-pack tax costs the buyer about years, from the current range of 2.5 cents in sidering putting money into investment-hun- half of the original cigarette tax of 8 cents Virginia to 92.5 cents in Washington State. gry Central and Eastern Europe, widening imposed in 1951. A substantial tax hike According to John D. Giglio, manager of to- the gap between them and Romania, Bul- would curb youth smoking; this strategy bacco control advocacy for the American garia, et al. should move to the forefront of the Cancer Society: Raising tobacco taxes is our That situation draws at least a temporary antismoking campaign. number one strategy to damage the tobacco line dividing nations that suffered equally These are not good times for the U.S. ciga- industry. The . . . industry has found ways under Soviet rule. But the administration is rette industry. For decades, policy makers around everything else we have done, but unwilling to discuss publicly and frankly the and consumer activists have unsuccessfully they can’t repeal the laws of economics. consequences of that line-drawing. Nor does attempted to rein in the tobacco industry. The cigarette industry’s recognition of the it squarely address the existential questions Now, new legal strategies are bearing fruit, potency of excise tax hikes as a tool to dis- that its vague promises of future NATO ex- more stringent regulations regarding the courage teenage smoking is reflected in a pansion raise for the Baltics, Ukraine and marketing and sales of cigarettes are being September 1991 Philip Morris internal memo- other former Soviet republics want into the implemented, and a bill to significantly in- randum written by Myron Johnson, a com- organization. crease cigarette taxes has been put before pany economist, to his boss, Harry G. Daniel, Those questions will be forced on the ad- the Senate. A large cigarette tax com- manager of research on smoking by teen- ministration in the U.S. Senate when it plements the gains made on other fronts by agers. The memo was written in reaction to comes time to amend the alliance treaty and making cigarettes less desirable to teen- a Natural Bureau of Economic Research discuss U.S. responsibilities in Europe. Ma- agers, the next generation of addicts. (NBER) report authored by Michael Gross- drid, with all its devilish but surmountable Numerous studies have shown that roughly man, Eugene M. Lewit, and Douglas Coate, details, is the beginning of a grand debate, 90% of smokers begin the habit as teenagers. which was later published in the Journal of not the end.∑ Each day, approximately 6000 youths try a Law and Economics. In the memo Johnson cigarette for the first time, and about half of f wrote: ‘‘Because of the quality of the work, them become daily smokers. Among people the prestige (and objectivity) of the NBER, ECONOMISTS ENDORSE RAISING who have ever smoked daily, 82% began and the fact that the excise tax on cigarettes TOBACCO TAXES TO CURB smoking before age 18. Thus, cigarette con- has not changed in nearly 30 years we need YOUTH SMOKING trol policies that discourage smoking by to take seriously their statement that . . . if teenagers may be the most effective way of future reductions in youth smoking are de- ∑ Mr. KENNEDY. Mr. President, as achieving long-run reductions in smoking in Congress considers an increase in the sired, an increase in the Federal excise tax is all segments of the population. a potent policy to accomplish this goal. The upward trend in teenage smoking in Federal cigarette tax in the budget rec- (Grossman et al.) calculate that . . . a 10% in- the 1990s is alarming to public health advo- onciliation bill, I urge my coleagues to crease in the price of cigarettes would lead cates. Between 1993 and 1996 the number of read an excellent article by economists to a decline of 12% in the number of teen- high school seniors who smoke grew by 14%. Michael Grossman and Frank J. agers who would otherwise smoke. At the same time the number of tenth grade Chaloupka, both of whom have written smokers rose by 23%, and the number of WHY TAXES WORK extensively on the impact of tobacco eighth grade smokers rose by 26%. There are strong logical reasons for expect- taxes on teenage smoking. The FDA regulations approach the problem ing teenagers to be more responsive to the The article is entitled ‘‘Cigarette of youth smoking by curtailing access to price of cigarettes than adults. First, the Taxes: The Straw to Break the Camel’s cigarettes and attempting to reduce the ap- proportion of disposable income that a Back,’’ and is published in the July/Au- peal of cigarettes by putting limits on ciga- youthful smoker spends on cigarettes is like- gust 1997 edition of Public Health Re- rette advertising. Increased taxation, which ly to exceed the corresponding proportion of ports. It finds that raising tobacco results in higher prices, is another means to an adult smoker’s income. Second, peer pres- accomplish the goal of discouraging young sure effects are much more important in the taxes would be a powerful weapon people from smoking. Unfortunately, in- case of youth smoking than in the case of against youth smoking, since children creases in the Federal excise tax rate on adult smoking. Interestingly, peer pressure have less income to spend on cigarettes cigarettes have not been motivated by a de- has a positive multiplying effect when ap- than adults. According to Grossman sire to curtail smoking. The purpose of each plied to teenage smokers: a rise in price cur- and Chaloupka, the 43 cents per pack of the three tax increases since 1951 was to tails youth consumption directly and then cigarette tax increase in the legisla- raise tax revenue or reduce the Federal def- again indirectly through its impact on peer tion that Senator HATCH and I intro- icit rather than to discourage smoking. The consumption (if fewer teenagers are smok- duced earlier this year would reduce tax was fixed at 8 cents per pack between No- ing, fewer other teenagers will want to emu- vember 1, 1951, and the end of 1982. It rose to late them). Third, young people have a great- teenage smoking by 16 percent, saving 16 cents per pack effective January 1, 1983, as er tendency than adults to discount the fu- the lives of over 830,000 children. In ad- part of the Tax Equity and Fiscal Responsi- ture. dition, the proceeds from the tobacco bility Act of 1982. The tax was increased fur- The ‘‘full’’ price to an individual of a tax increase would be used to provide ther to 20 cents per pack effective January 1, harmful smoking addiction is the price of health insurance for millions of Amer- 1991, and to 24-cents per pack effective Janu- cigarettes plus the monetary and emotional ican children who are uninsured today. ary 1, 1992, part of the Omnibus Budget Rec- costs to the individual of future adverse It’s time for Congress to say ‘‘no’’ to onciliation Act of 1990. But if the tax had health effects. The importance and value Joe Camel, the Marlboro Man, and the simply been adjusted for inflation each year placed on these future health effects varies since 1951, it would be 47 cents per pack among individuals and especially with age. tobacco lobby, and say ‘‘yes’’ to the today: therefore, in effect today tax is much Becker, Grossman, and Murphy have shown Nation’s children. I ask that the Public lower than the 1951. that young people are more responsive to the Health Reports article be printed in A 43-cent tax hike is proposed in a bill in- price of cigarettes than adults because they the RECORD. troduced by Senators Orrin G. Hatch and Ed- give little weight to the future, while adults The article follows: ward M. Kennedy in this Congress. As with are more sensitive to perceived or known fu- [From the Public Health Reports, July/ past tax increases, the primary focus is not ture consequences. Young people may under- August 1997] to discourage teenage smoking. The goal of estimate the health hazards of and the likeli- the tax increase in the Hatch-Kennedy Bill is hood that initiation of this behavior leads to CIGARETTE TAXES: THE STRAW TO BREAK THE to finance health insurance for low-income long-term dependency. And, even when fully CAMEL’S BACK children who are currently uninsured. Two- informed, teenagers have a tendency to give (By Michael Grossman, Ph.D. and Frank J. thirds of the estimated annual $6 billion in- a great deal of weight to present satisfaction Chaloupka, Ph.D.) crease in tax revenue would be allocated for and very little weight to the future con- SYNOPSIS grants to the states to provide health insur- sequences of their actions. Teenage cigarette smoking is sensitive to ance for children below the age of 15 whose Becker and Mulligan argue that children the price of cigarettes. The most recent re- low-income working parents do not qualify become more future oriented as the result of

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7026 CONGRESSIONAL RECORD — SENATE July 8, 1997 an investment process. Many of the activi- smoking. In April 1993, the Philip Morris Based on the most recent estimates, a 10% ties of parents and schools can be understood Companies cut the price of Marlboro ciga- increase in the price of cigarettes would re- as attempts to make children care more rettes by 40 cents. Competitors followed suit. duce the number of teenagers who smoke by about the future. Some parents and schools Marlboros are popular among teenagers: 60% 7%, while it would reduce the number of succeed in these efforts; but others do not. reported that Marlboro was their brand of adults who smoke by only 1%. Daily con- These failures are particularly troublesome choice in 1993, while Marlboro had an overall sumption of teenage smokers would fall by because of the two-way causality between market share of 23.5% in the same year. In 6%, while daily consumption of adult smok- addiction and lack of a future orientation. 1993, 23.5% of teenagers in the eighth, tenth, ers would fall by 1%. People who discount the future more heavily and twelfth grades smoked. In 1996, 28.0% of PRICE INCREASES AS A POLICY TOOL are more likely to become addicted to nico- the students in these grades smoked; this The proposed 43-cent cigarette tax hike in tine and other substances. And the advance represented a 19% increase over a three-year the Hatch-Kennedy Bill would, if fully passed health consequences of these substances period. Yet during this period, the number of on to consumers, raise the price of a pack of make a future orientation even less appeal- smokers ages 18 years and older remained cigarettes by approximately 23%. According ing. the same. Some attribute this increase in to our 1996 study, the number of teenage Consumers are not unaware of the dangers teenage smoking to a broad range of social smokers would fall by approximately 16% of smoking. A survey of Viscusi suggests forces thought to be associated with in- and the number of cigarettes consumed by that both smokers and nonsmokers overesti- creases in other risky behaviors by teen- teenage smokers would decline by approxi- mate, not underestimate, the possibility of agers, especially the use of marijuana. But mately 14%. Some of these smokers might death and illness from lung cancer due to to- we attribute it to a fall in cigarette prices: compensate for a reduction in the number of bacco. Teenagers, who have less information between 1993 and 1996 the real price of a pack cigarettes smoked by switching to higher than adults, actually attach much higher of cigarettes (the cost of a pack of cigarettes nicotine and tar brands, inhaling more deep- risks to smoking than the rest of the popu- in a given year divided by the Consumer ly, or reducing idle burn time. These factors, lation. Other risks of cigarette smoking, in- Price Index for all goods for that year) fell while representing a public health concern, cluding the risk of becoming addicted, may, by 13%. are not relevant in evaluating the effect of however, be underestimated. More definitive evidence of the price sensi- an excise tax hike on whether an individual Cigarette smokers harm others (external tivity of teenage smoking can be found in chooses to smoke at all. costs) in addition to harming themselves (in- two NBER studies that used large nationally Since very few smokers begin smoking ternal costs). The ignored internal costs of representative samples of thousands of after the ages of 20, these relatively large re- smoking can interact with the external young people between the ages of 12 and 17. ductions in this total number of teenage costs. A striking example is smoking by These studies capitalized both on the sub- smokers imply that excise tax increases are pregnant teenage women, who may engage in stantial variation in cigarette prices across very effective ways to prevent the onset of a this behavior because they heavily discount states (primarily because of different state habitual behavior with serious future health the future consequences of their current ac- excise tax rates on this good) and on other consequences. A 16% decline in the number tions. Pregnant women who smoke impose state-specified factors such as parents’ edu- of young smokers associated with a 43-cent large external costs on their fetuses. Numer- cation and labor market status that may af- tax hike translates into over 2.6 million ous studies show that these women are more fect the decision to smoke and the quantity fewer smokers in the current cohort of 0 to likely to miscarry and to give birth to low of cigarettes consumed. The findings of a 17-year-olds. Using a common estimate that birth weight infants. Some of these infants 1981 study by Grossman, Lewit, and Coate— one in three smokers dies prematurely from die within the first month of life. More re- the subject of the 1981 Philip Morris internal smoking-related illnesses, we can calculate quire extensive neonatal intensive care and memoradum—were used by the news media that over time a real (adjusted for inflation) suffer long-term impairments to physical throughout the 1980s and early 1990s to 43-cent tax increase would reduce smoking- and intellectual development. project the effects of Federal excise tax related premature deaths in this cohort by The conventional wisdom argues that peo- hikes. The authors’ 1996 study has been cited over $50,000. And larger tax increases would ple who are addicted to nicotine are less sen- by Senators Hatch and Kennedy as evidence result in even bigger reductions in the num- sitive to price than others. Therefore, adults that a major benefit of the tax increase in ber of young smokers and the number of pre- should be less responsive to price than young their health insurance bill would be to dis- mature deaths. people because adult smokers are more like- courage youth smoking. A tax hike would continue to discourage The Grossman et al. 1981 study used data ly to be addicted to nicotine and if so, are smoking for successive generations of young from Cycle III of the U.S. Health Examina- likely to be more heavily addicted or to have people and would gradually affect the smok- tion Survey, a survey of almost 7000 young been addicted for longer periods of time. The ing levels of older age groups as the smok- people between the ages of 12 and 17 con- conventional wisdom that addicted smokers ing-discouraged cohorts move through the ducted between 1966 and 1970 by the National are less sensitive to price has been chal- age spectrum. Over a period of several dec- Center for Health Statistics. The authors lenged in a formal economic model of addict- ades, aggregate smoking and its associated found that a 10% increase in the price of ive behavior developed by Becker and Mur- detrimental health effects would decline sub- cigarettes would reduce the total number of phy, which shows that a price increase can stantially. youth smokers by 12%. Yet teenagers who al- The effect of a price or tax hike also grows have a cumulative effect over time. Since cigarettes are addictive, current con- ready smoked proved much less sensitive to over time because of the addictive nature of sumption depends on past consumption. A price: a 10% increase in price would cause smoking; a small reduction in current ciga- current price increase has no retroactive ef- daily consumption to fall by only 2%. rette consumption by smokers due to a tax In our 1996 study, we used data from the fect on ‘‘past consumption’’ and therefore re- hike would decrease consumption in all fu- 1992, 1993, and 1994 surveys of eighth, tenth, duces the amount smoked by an addicted ture years to follow: Becker, Grossman, and and twelfth grade students conducted by the smoker by a very small amount in the short Murphy have estimated that each 10% rise in Institute for Social Research at the Univer- run. But the size of the effect would grow price causes the number of cigarettes con- sity of Michigan as part of the Monitoring over time because even a small reduction in sumed by a fixed population (number of the Future Project. Taken together, these smoking during the first year after a price smokers multiplied by cigarettes consumed three nationally representative samples in- increase would also mean a reduction in per smoker) to fall by 4% after one year and cluded approximately 150,000 young people. smoking in all subsequent years. So, for ex- by as much as 8% after approximately 20 We found that a 10% increase in price would ample, 10 years after a price hike, ‘‘past con- years. lower the number of youthful smokers by Caveats. Several caveats are required in sumption’’ would have varied over a 10-year 7%, a somewhat smaller effect than the 12% evaluating the benefits of a tax hike. First, period. projected in the 1981 study. Consumption for a cigarette tax increase to continue at Changes in the total number of young peo- among smokers, however, would decline by the same level in real terms, it would have ple who smoke are due primarily to changes 6%, which is three times larger than the de- to be indexed to the rate of inflation. The in the number of new smokers (starts). cline projected in the 1981 study. same objective could hypothetically be ac- Among adults, changes in the total number Comparable studies of adults have found complished by converting to an ad valorem of smokers occur primarily because current smaller effects of a projected 10% price in- cigarette excise tax system under which the smokers quit (quits). Clearly, quits are in- crease. In a 1982 study of people age 20 years cigarette tax is expressed as a fixed percent- versely related to past consumption—there and older, Lewit and Coate reported that a age of the manufacturer’s price. The latter are more quitters among those who have 10% rise in price would cause the number of approach has one limitation: the Congres- smoked the least—while starts are inde- adults who smoke to fall by 3% and a decline sional Budget Office points out that it might pendent of past consumption. Thus, the ef- of 1% in the number of cigarettes smoked per induce manufacturers to lower sales prices fect of price on choosing whether to smoke day by those who smoke. In a 1991 study of to company-controlled wholesalers to avoid should be larger for young people than for adult smokers, Wasserman et al. found that part of the tax. adults. a 10% increase in price would cause the num- Second, Ohsfeldt, Boyle, and Capilouto THE EVIDENCE ber who smoked to fall by 2% and the num- have reported that the number of males be- Suggestive evidence of the responsiveness ber of cigarettes smoked per day to fall by tween the ages of 16 and 24 who use smoke- of teenage smoking to the price of cigarettes 1% while in a 1995 study Evans and Farrelly less tobacco would rise by approximately can be found in recent upward trends in found declines of 1% in both categories. 12% if a state excise tax rate on cigarettes

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 8, 1997 CONGRESSIONAL RECORD — SENATE S7027 rose by 10%. Some would view such an in- and Eastern Europe and the former So- on October 29, 1883, and the Supple- crease with alarm because smokeless to- viet Union. mentary Extradition Convention be- bacco increases the risks of oral cancer and David assisted the Feodosia Institute tween the United States and Luxem- other oral diseases. On the other hand, Rodu of Management and Business, a busi- bourg signed at Luxembourg on April argues that these elevated risks are very small and are more than offset by reductions ness college, in developing plans for ex- 24, 1935. in cigarette-related cancers and heart dis- change of faculty and students with I recommend that the Senate give ease. The substitution of smokeless tobacco U.S. Colleges and for joint research. early and favorable consideration to for cigarettes could be discouraged by rais- David, and his wife Claire, spent a the Treaty and give its advice and con- ing the Federal excise tax on smokeless to- month in the Ukraine. Their out- sent to ratification. bacco. But this would raise the cost of a standing patriotic engagement pro- WILLIAM J. CLINTON. safer nicotine delivery system than ciga- vides active assistance for people in THE WHITE HOUSE, July 8, 1997. rettes and could be viewed as an unfair pen- need and helps build strong ties of alty on those who cannot give up their addic- trust and respect between the Ukraine To the Senate of the United States: tion. With a view to receiving the advice Third, in strictly financial terms, we would and America. David’s mission aids at expect a tax hike to yield higher rates of re- ending the cycle of dependency on for- and consent of the Senate to ratifica- turn in the short run than in the long run be- eign assistance. tion, I transmit herewith the Treaty cause of its cumulative effect in reducing I commend David for his dedicated Between the Government of the United smoking. The Becker et al. study implies service and I am proud to represent States of America and the Government that a Federal excise tax rate on cigarettes him in the U.S. Senate.∑ of the Grand Duchy of Luxembourg on of approximately $1.00 a pack would maxi- Mutual Legal Assistance in Criminal mize long-run Federal revenue from the tax f Matters, signed at Washington on at roughly $13.3 billion annually approxi- REMOVAL OF INJUNCTION OF SE- March 13, 1997, and a related exchange mately 10 to 20 years after the new rate is in effect—only $7.6 billion more than the rev- CRECY—TREATY DOCUMENTS of notes. I transmit also, for the infor- enue from today’s 24-cent tax. Clearly, the NOS. 105–10, 105–11, AND 105–12 mation of the Senate, the report of the 67-cent tax in the Hatch-Kennedy Bill, which Mr. LOTT. As in executive session, I Department of State with respect to is expected to yield an additional $6 billion ask unanimous consent that the in- the Treaty. annually for the next few years, will have a junction of secrecy be removed from The Treaty is one of a series of mod- much smaller yield in the long run. the following treaties transmitted to ern mutual legal assistance treaties The gap between long-run and short-run that the United States is negotiating tax yields highlights a danger of justifying a the Senate on July 8, 1997, by the Presi- cigarette tax increase to achieve goals other dent of the United States: Extradition in order to counter criminal activity than reductions in smoking. For a while, Treaty with Luxembourg (Treaty Doc- more effectively. The Treaty should be public health advocates can have their cake ument No. 105–10); Mutual Legal As- an effective tool to assist in the pros- and eat it too. But after a number of years, sistance Treaty with Luxembourg ecution of a wide variety of modern the large cumulative reduction in smoking (Treaty Document No. 105–11); and Mu- criminals, including those involved in would take a big bite out of the tax revenues drug trafficking, terrorism, other vio- initially generated by the tax hike. One tual Legal Assistance Treaty with Po- land (Treaty Document No. 105–12). I lent crime, and money laundering, fis- would hardly like to see the development of cal fraud, and other ‘‘white-collar’’ a situation in which fiscal needs create pres- further ask unanimous consent that sure on the governments to encourage smok- the treaties be considered as having crime. The Treaty is self-executing. ing or at least not discourage it. The exten- been read the first time; that they be The Treaty provides for a broad sive advertising campaigns conducted by referred, with accompanying papers, to range of cooperation in criminal mat- state-run lotteries are examples of the dan- the Committee on Foreign Relations ters. Mutual assistance available under ger of the government becoming too depend- and ordered to be printed; and that the the Treaty includes: taking testimony ent on revenue from a harmful addiction. President’s messages be printed in the or statements of persons; providing CONCLUSION RECORD. documents, records, and articles of evi- We would like to see politicians and public The PRESIDING OFFICER. Without dence; transferring persons in custody health advocates focus discussions of the ap- objection, it is so ordered. for testimony or other purposes; locat- propriate Federal cigarette excise tax rate ing or identifying persons and items; squarely on the issue of reducing smoking. The messages of the President are as follows: serving documents; executing requests Both external costs and ignored internal for searches and seizures; immobilizing costs justify the adoption of government To the Senate of the United States: assets; assisting in proceedings related policies that interfere with private decisions With a view to receiving the advice regarding the consumption of cigarettes. to forfeiture and restitution; and ren- Taxing cigarettes to reduce smoking by and consent of the Senate to ratifica- dering any other form of assistance not teenagers is a rather blunt instrument be- tion, I transmit herewith the Extra- prohibited by the laws of the Requested cause it imposes costs on other smokers. But dition Treaty between the Government State. an excise tax hike is a very effective policy of the United States of America and I recommend that the Senate give with regard to teenagers because they are so the Government of the Grand Duchy of early and favorable consideration to sensitive to price. The current Federal excise Luxembourg, signed at Washington on the Treaty and give its advice and con- tax of 24 cents on a pack of cigarettes is October 1, 1996. worth about half in real terms of the 8-cent sent to ratification. tax in effect in 1951. A substantial real tax In addition, I transmit, for the infor- WILLIAM J. CLINTON. hike to curb youth smoking should move to mation of the Senate, the report of the THE WHITE HOUSE, July 8, 1997. the forefront of the antismoking campaign.∑ Department of State with respect to f the Treaty. As the report explains, the To the Senate of the United States: Treaty will not require implementing With a view to receiving the advice TRIBUTE TO DAVID SUSSMAN legislation. and consent of the Senate to ratifica- ∑ Mr. SMITH of New Hampshire. Mr. The provisions in this Treaty follow tion, I transmit herewith the Treaty President, I rise today to pay tribute generally the form and content of ex- Between the United States of America to David Sussman of Charlestown, NH, tradition treaties recently concluded and the Republic of Poland on Mutual former professor at Holyoke Commu- by the United States. Legal Assistance in Criminal Matters, nity College, for his outstanding serv- This Treaty will, upon entry into signed at Washington on July 10, 1996. ice as a volunteer executive in force, enhance cooperation between the I transmit also, for the information of Feodosia, Ukraine. law enforcement communities of both the Senate, the report of the Depart- David worked on a volunteer mission countries, and thereby make a signifi- ment of State with respect to the Trea- with the International Executive Serv- cant contribution to international law ty. ice Corps, a nonprofit organization enforcement efforts. It will supersede, The Treaty is one of a series of mod- which sends retired Americans to as- with certain noted exceptions, the Ex- ern mutual legal assistance treaties sist businesses and private enterprises tradition Treaty between the United being negotiated by the United States in the developing countries and the States of America and the Grand in order to counter criminal activity new emerging democracies of Central Duchy of Luxembourg signed at Berlin more effectively. The Treaty should be

VerDate Mar 15 2010 22:00 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S08JY7.REC S08JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7028 CONGRESSIONAL RECORD — SENATE July 8, 1997 an effective tool to assist in the pros- be notified accordingly when votes on UNDER TITLE 10, UNITED STATES CODE, SECTION 12203 AND 12211: ecution of a wide variety of crimes, in- amendments are ordered. To be colonel cluding ‘‘white-collar’’ crime and drug As a reminder to Senators, this JAMES A. BARRINEAU, JR., 0000 trafficking offenses. The Treaty is self- evening a cloture motion was filed, and EDMUND T. BACKETTE, 0000 executing. all first-degree amendments then must RICHARD R. BUCHANAN, 0000 MIRIAM L. FIELDS, 0000 The Treaty provides for a broad be filed by 1 p.m. on Wednesday. That DONNIE F. GARRETT, 0000 range of cooperation in criminal mat- is one of the benefits of the cloture mo- NANCY K. GAVI, 0000 LLOYD M. LACOSTE, JR., 0000 ters. Mutual assistance available under tion. All first-degree amendments have ROBERT W. PEARSON, 0000 the Treaty includes: taking of testi- to be filed on Wednesday, so we will PAUL C. REDD, 0000 ALBERT C. REYNAUD, 0000 mony or statements of persons; pro- have a real good look at what is pend- DANIEL S. ROBERTS, 0000 viding documents, records, and articles ing out there. JAMES D. SIMPSON, 0000 of evidence; serving documents; locat- As previously stated, it is the inten- DEBORAH C. WHEELING, 0000 ing or identifying persons or items; tion to complete action on the bill by IN THE MARINE CORPS transferring persons in custody for tes- week’s end, so Members should expect THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE U.S. MARINE CORPS timony or other purposes; executing re- long, busy days with a number of votes UNDER TITLE 10, UNITED STATES CODE, SECTION 624: quests for searches and seizures; assist- occurring throughout the week. To be colonel ing in proceedings related to immo- f ANTHONY J. ZELL, 0000 bilization and forfeiture of assets, res- To be major titution to the victims of crime, and ADJOURNMENT UNTIL 9:15 A.M. collection of fines; and any other form TOMORROW MARK G. GARCIA, 0000 IN THE NAVY of assistance not prohibited by the Mr. LOTT. If there is no further busi- THE FOLLOWING-NAMED OFFICERS, FOR TEMPORARY laws of the Requested State. ness to come before the Senate, I now APPOINTMENT TO THE GRADE INDICATED IN THE U.S. I recommend that the Senate give ask unanimous consent that the Sen- NAVY UNDER TITLE 10, UNITED STATES CODE, SECTION early and favorable consideration to ate stand in adjournment under the 5721: the Treaty and give its advice and con- previous order. To be lieutenant commander sent to ratification. There being no objection, the Senate, LAYNE M.K. ARAKI, 0000 THOMAS P. BRASEK, 0000 WILLIAM J. CLINTON. at 6:55 p.m., adjourned until Wednes- MATTHEW G. CAMPBELL, 0000 THE WHITE HOUSE, July 8, 1997. day, July 9, 1997, at 9:15 a.m. WILLIAM R. CAMPBELL, 0000 MATTHEW J. COLBURN, 0000 f f ANTHONY C. CONANT, 0000 TIMOTHY W. CONWAY, IV, 0000 ORDERS FOR WEDNESDAY, JULY 9, VICTOR V. COOPER, 0000 NOMINATIONS 1997 MICHAEL R. CURTIS, 0000 MICHAEL R. DARGEL, 0000 Mr. LOTT. I ask unanimous consent, Executive nominations received by JEFFREY S. DAVIS, 0000 the Senate July 8, 1997: STEVEN M. DEWITT, 0000 Mr. President, that when the Senate KEVIN A. DOYLE, 0000 completes it business today it stand in DEPARTMENT OF STATE MICHAEL E. ELMSTROM, 0000 BRUCE C. FAUVER, 0000 adjournment until the hour of 9:15 RICHARD DALE KAUZLARICH, OF VIRGINIA, A CAREER DOUGLAS K. GLESSNER, 0000 a.m., Wednesday, July 9. I further ask MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF RAYMOND D. GOYET, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LOUIS J. GREGUS, JR., 0000 unanimous consent that on Wednesday, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES GLENN E. GROESCH, 0000 immediately following the prayer, the OF AMERICA TO THE REPUBLIC OF BOSNIA AND WALTER O. HARDIN, 0000 HERZEGOVINA. LESLIE H. HARRIS, 0000 routine requests through the morning DONNA JEAN HRINAK, OF VIRGINIA, A CAREER MEM- HARRY D. HAWK, 0000 hour be granted and there then be a pe- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ALAN L. HERRMANN, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- JEFFREY D. HICKS, 0000 riod of morning business until the hour DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STEVEN A. HILL, 0000 of 11 a.m., with Senators permitted to OF AMERICA TO THE REPUBLIC OF BOLIVIA. TIMOTHY E. ISEMINGER, 0000 IN THE AIR FORCE JAY A. KADOWAKI, 0000 speak for up to 5 minutes each with the HERBERT L. KENNEDY, 0000 following exceptions: Senator MACK or THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TODD K. KNUTSON, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE RICHARD J. KOTTKE, 0000 his designee, 60 minutes from 9:15 a.m. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- CLIFFORD S. LANPHIER, 0000 to 10:15 a.m.; and Senator DASCHLE or SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- JOHN E. LEFEBVRE, 0000 TION 601: NATHAN H. MARTIN, 0000 his designee, 30 minutes. MICHAEL G. MCCLOSKEY, 0000 To be lieutenant general The PRESIDING OFFICER. Without WILLIAM P. MCKINLEY, 0000 MAJ. GEN. LANCE W. LORD, 0000 THAD E. NISBITT, 0000 objection, it is so ordered. ALBERT D. PERPUSE, 0000 Mr. LOTT. Mr. President, I further IN THE ARMY RODRICK B. PHILLIPS, 0000 JOHN W. PLOHETSKI, 0000 ask unanimous consent that at 11 a.m., THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT PAUL H. POWELL, 0000 the Senate resume consideration of S. IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- BRADLEY W. ROBERSON, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- FRANCIS M. SIDES, 0000 936, the Defense authorization bill. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION PAUL S. SNODGRASS, 0000 The PRESIDING OFFICER. Without 601: DANIEL SPAGONE, 0000 To be lieutenant general BLAZE A. STANCAMPIANO, 0000 objection, it is so ordered. KIRK S. STORK, 0000 MAJ. GEN. ROGER G. THOMPSON, JR., 0000 MATTHEW D. SWANHART, 0000 f MAJ. GEN. MICHAEL S. DAVISON, JR. 0000 MICHAEL T. TALAGA, 0000 MICHAEL J. TESAR, 0000 PROGRAM THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN D. THOMAS, 0000 IN THE REGULAR ARMY OF THE UNITED STATES TO THE RICHARD E. THOMAS, 0000 Mr. LOTT. Mr. President, the Senate GRADE INDICATED UNDER TITLE 10, UNITED STATES JOHN J. THOMPSON, 0000 will be in a period for morning business CODE, SECTION 624: JOHN E. TODD, 0000 To be major general JOHN N. TOLLIVER, 0000 until the hour of 11 a.m. in the morn- JOHN T. WALTERS, 0000 ing. At 11 a.m., the Senate will resume BRIG. GEN. WARREN C. EDWARDS, 0000 ROBERT T. WINFIELD, 0000 JOHN E. WIX, 0000 consideration of this very important THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT CHARLES F. WRIGHTSON, 0000 Defense authorization bill. Senators TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK IN THE AIR FORCE can expect a series of rollcall votes on (*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624, 628, AND 531: THE FOLLOWING-NAMED OFFICERS FOR A REGULAR pending amendments to the bill later APPOINTMENT IN THE GRADE INDICATED IN THE U.S. AIR in the day as we make progress on this To be lieutenant colonel FORCE UNDER TITLE 10, UNITED STATES CODE, SECTION 531: important legislation. DANIEL J. ADELSTEIN, 0000 J. REX. HASTEY, JR., 0000 To be captain We do have some Senators that are *ALAN S. MCCOY, 0000 attending the Madrid meeting at this JAMES M. ABATTI, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT KENNETH G. ABBOTT, 0000 time in a very important role that they AS A PERMANENT PROFESSOR OF THE U.S. MILITARY WILLARD L. ABERNATHY, 0000 are fulfilling as NATO enlargement ob- ACADEMY IN THE GRADE INDICATED UNDER TITLE 10, LAURIE A. ABNEY, 0000 UNITED STATES CODE, SECTION 4333: TODD E. ACKERMAN, 0000 servers. They will be returning in the MARK R. ADAIR, 0000 To be lieutenant colonel afternoon, and that is why we are try- CHRISTOPHER W. ADAM, 0000 MAUREEN K. LEBOEUF, 0000 ANTHONY J. ADAMO, 0000 ing to accommodate their schedules to CRAIG L. ADAMS, 0000 make sure that they make these im- THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF JEROME P. ADAMS, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO RONALD E. ADAMSON, 0000 portant votes. As always, Members will THE GRADE INDICATED IN THE RESERVE OF THE ARMY LARRY D. ADKINS, 0000

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RHONDA R. ADLER, 0000 DANIEL A. BIRKLE, 0000 DANIEL J. CALLAHAN, 0000 KAREN L. AGRES, 0000 LEONARD T. BISSON, 0000 TODD W. CALLAHAN, 0000 JENNIFER M. AGULTO, 0000 JOHN E. BLACK, 0000 SARAH G. CALLINAN, 0000 VAROZ JOSEPH J. AIGNER, 0000 THOMAS C. BLACK, 0000 YOLANDA V. CALLOWAY, 0000 QAIS M. AJALAT, 0000 DAVID S. BLADES, 0000 BRIAN S. CALLSEN, 0000 PATRICIA L. AKEN, 0000 DREW A. BLAHNICK, 0000 CAROLYN K. CALVIN, 0000 CHRISTOPHER D. ALEXANDER, 0000 DANIEL E. BLAKE, JR., 0000 CHARLES H. CAMP III, 0000 TERRY D. ALEXANDER, 0000 CHARLES I. BLANK, III, 0000 ANTHONY H. CAMPANARO, 0000 GRAIG L. ALLEN, 0000 BRENDI B. BLANSETT, 0000 CHARLES F. CAMPBELL, JR., 0000 JAMES M. ALLEN, 0000 MICHAEL S. BLASS, 0000 SCOTT A. CAMPBELL, 0000 JAMES M. ALLEN, 0000 DAVID P. BLAZEK, 0000 CHRISTOPHER S. CAMPLEJOHN, 0000 JEFFREY S. ALLEN, 0000 RICHARD T. BLECHER, 0000 CHARLEY L. CAMPLEN, 0000 RICHARD G. ALLEN, 0000 YOLANDA D. BLEDSOE, 0000 SHERRY M. CAMPTON, 0000 ROBERT S. ALLEN, 0000 JOHN E. BLEUEL, 0000 GLEN J. CANEEL, 0000 SUSAN S. ALLEN, 0000 WILLIAM H. BLOOD, 0000 ANNE M. CANNON, 0000 DARRIN L. ALLGOOD, 0000 NICOLE E. BLOOMER, 0000 SHELLY K. CANNON, 0000 GREGORY S. ALLORI, 0000 SHAWN P. BLOOMER, 0000 REINALDO L. CANTON, 0000 JOEL O. ALMOSARA, 0000 GARRATH K. BLUCKER, 0000 JAMES M. CANTRELL, 0000 JOHN S. ALTO, 0000 RODEL V. BOBADILLA, 0000 JEFFREY CANTRELL, 0000 THOMAS L. ALTO, 0000 DAVID W. BOBB, 0000 BARRY H. CAPE, 0000 CHRISTOPHER ANASTASSATOS, 0000 MATTHEW J. BOBB, 0000 MARGARET M. CAREY, 0000 DWIGHT E. ANDERSEN, 0000 GREGORY D. BOBEL, 0000 MARY T. CARLISLE, 0000 BRADLEY E. ANDERSON, 0000 FREDERICK H. BOEHM, 0000 ERIK R. CARLSON, 0000 JAMES A. ANDERSON, 0000 KEVIN L. BOERMA, 0000 KAREN L. CARPENTER, 0000 JOHN H. ANDERSON III, 0000 TIMOTHY A. BOESE, 0000 RICHARD A. CARPENTER, 0000 RAE ANDERSON, 0000 ELIZABETH S. BOGDAN, 0000 STEVEN G. CARPENTER, 0000 ROSS R. ANDERSON, 0000 THOMAS K. BOGER, 0000 KURT J. CARRAWAY, 0000 TRACY L. ANDERSON, 0000 JERRY BOGERT, 0000 BLAKE M. CARROLL, 0000 ANTHONY C. ANDRE, 0000 BRYAN L. BOGGS, 0000 JAY A. CARROLL, 0000 ROGER L. ANGEL, 0000 BRIAN C. BOHANNON, 0000 DAVID B. CARTER, 0000 THOMAS M. ANGELO, 0000 JAMES I. BONG, 0000 TIM R. CARTER, 0000 MARY J. ANTE, 0000 MALCOLM A. BONNER, JR., 0000 STEVEN L. CASE, 0000 JOHN S.R. ANTTONEN, 0000 JEFFREY P. BONS, 0000 SHAWN C. CASEY, 0000 BRADLEY A. APOSTOLO, 0000 DAVID J. BORBELY, 0000 KURT D. CASH, 0000 PAUL W. ARBIZZANI, 0000 DONALD E. BORCHERT, 0000 VINCENT R. CASSARA, 0000 PAUL A. ARCHULETTA, 0000 JAMES R. BORTREE, 0000 RONALD M. CASSIDY, JR., 0000 ELNORA ARMSTEAD, 0000 JAMES BOURASSA, 0000 EUGENE L. CAUDILL, 0000 CRAIG L. ARNOLD, 0000 MATTHEW A. BOURASSA, 0000 JAMES A. CAUGHIE, 0000 DALE R. ARNOLD, 0000 JESSE BOURQUE, JR., 0000 JOHN D. CAYE, 0000 HARLON R. ARNOLD, 0000 KELLY D. BOUZIGARD, 0000 PAULA C. CERVIA, 0000 MARK G. ARNOLD, 0000 ROBERT P. BOVENDER, 0000 BRIAN M. CHAMNESS, 0000 NEIL P. ARNOLD, 0000 MARK E. BOWEN, 0000 CHINRAN O. CHANG, 0000 WILLIAM H. ARNOLD, 0000 ANNETTE A. BOWER, 0000 CHARLES D. CHAPDELAINE, 0000 MARK ARREDONDO, 0000 KENNETH B. BOWLING, 0000 ALICE S. CHAPMAN, 0000 GERARDO E. ARTACHE, 0000 JAMES K. BOWMAN, 0000 MICHAEL S. CHAPMAN, 0000 CHRISTOPHER K, ARZBERGER, 0000 JEFFREY L. BOZARTH, 0000 IAN V. CHASE, 0000 CHRISTOPHER B. ASHBY, 0000 ANDREW R. BRABSON, 0000 JOHN S. CHASE, 0000 KAREN J. ASHLEY, 0000 SUE A. BRADBURY, 0000 DOUGLAS J. CHEEK, 0000 THOMAS H. ATKINSON IV, 0000 DAVID A. BRADFIELD, 0000 CLARENCE F. CHENAULT, 0000 JAMES C. AULT, 0000 REED E. BRADFORD, 0000 MICHAEL J. CHESTER, 0000 MARK C. AUSTELL, 0000 DANIEL J. BRADLEY, 0000 STEVEN S.H. CHIN, 0000 DALE R. AUSTIN, 0000 JEFF C. BRADLEY, 0000 SCOTT B. CHMIELARSKI, 0000 MATTHEW C. AUSTIN, 0000 JOHN W. BRADLEY III, 0000 JULIE A. CHODACKI, 0000 JULIO C. AYALA, 0000 OWEN L. BRADLEY, 0000 STEPHEN S. CHOI, 0000 MICHAEL J. BABYAK, 0000 MICHAEL H. BRADY, 0000 BOGDAN CHOMICKI, 0000 GEOFFREY S. BACON, 0000 BRYCE H. BRAKMAN, 0000 ANTHONY P. CHOSA, 0000 BERNADETTE B. BAEZ, 0000 DEBORAH J. BRANCH, 0000 GWENDOLYN CHRISTIAN, 0000 VALORIE L. BAGGENSTOSS, 0000 TIMOTHY S. BRANDON, 0000 TAMMY E. CHULICK, 0000 DEREK C. BAILEY, 0000 MARK W. BRANTLEY, 0000 DAVID A. CHUNN, 0000 JAMES LAWRENCE BAILEY, 0000 MIKE M. BRANTLEY, 0000 MARK E. CHURCH, 0000 THOMAS E. BAILEY, 0000 COLSON L. BRASCH, 0000 RAYMOND E., CHUVALA, JR., 0000 MELVIN A. BAIRD, 0000 NORMITA C. BRAVO, 0000 ANTON W. CIHAK II, 0000 KENNETH L. BAKER, JR., 0000 LAMBERTO M. BRAZA, 0000 JEFFREY S. CLARK, 0000 WILLIAM E. BAKER III, 0000 PETER G. BREED, 0000 MARK S. CLARK, 0000 PETER I. BAKO, 0000 SANDRA L.H. BRENNAN, 0000 TODD M. CLARK, 0000 CHRISTOPHER J. BALCIK, 0000 ERIC J. BRESNAHAN, 0000 HARRY B. CLARKE, 0000 PAUL C.G. BALE, 0000 SAINO M. BREW, 0000 GREGORY N. CLARY, 0000 JORGE F. BALLESTER, 0000 RICHARD L. BREWER, JR., 0000 JODI A. CLAYTON, 0000 SCOTT J. BALSITIS, 0000 FRANK L. BRICEL, JR., 0000 SHERMAN M. CLAYTON, 0000 FRANK L. BANKS, 0000 BRUCE A. BRIDEL, 0000 ARDYCE M. CLEMENTS, 0000 JAMES R. BARNES, JR., 0000 SCOTT C. BRIDGERS, 0000 JEFFREY T. CLIMER, 0000 JOHN D. BARNETT, 0000 PATRICIA ANN BRIDGES, 0000 DEAN A. CLOTHIER, 0000 GREG A. BARNHART, 0000 JEFFREY W. BRIGHT, 0000 DEDEE L. CLOUD, 0000 JAMES W. BARROW, 0000 DANIEL A. BRINGHAM, 0000 KATHERINE E. CLOUSE, 0000 ALLEN J. BARTON, 0000 JOHN U. BRINKMAN, 0000 KEVIN J. CLOWARD, 0000 LORRAINE R. BARTON, 0000 GREGORY S. BRINSFIELD, 0000 VINCENT A. COBB, 0000 GREGORY C. BARTOS, 0000 ROBERT A. BRISSON, 0000 LISA A. COBURN, 0000 MICHAEL A. BASLOCK, 0000 JEFFREY S. BRITTIG, 0000 CHRIS A. COCHRAN, 0000 ERIC R. BASS, 0000 PATRICK T. BRODERICK, 0000 JERRY D. COCHRAN, 0000 LAURA A. BASS, 0000 PEYTON T. BRODERICK, 0000 ELIZABETH J. CODDINGTON, 0000 MELISSA L. BATTEN, 0000 JOHN B. BRODEUR, JR., 0000 WILLIAM J. CODY, 0000 FRANK BATTISTELLI, 0000 LINDA S. BROECKL, 0000 CHAD D. COE, 0000 BRIEN J. BAUDE, 0000 JOSEPH R. BROOKE, JR., 0000 CHRISTOPHER A. COFFELT, 0000 JEROLD J. BAUER, 0000 SHANE M. BROTHERTON, 0000 DAVID COHEN, 0000 GUY C. BAUM, 0000 JOHN F. BROWER, 0000 ALAN B. COKER, 0000 KRIS A. BAUMAN, 0000 MICHAEL E. BROWERS, 0000 CHARLES L. COLE, 0000 COLIN K. BEAL, 0000 ARTHUR S. BROWN, 0000 MADELINE D. COLE, 0000 CHARLES E. BEAM, 0000 BRIAN A. BROWN, 0000 LESIA J. COLEMANLINZY, 0000 SHARON K. BEARD, 0000 GERALD Q. BROWN, 0000 WENDELL L. COLLINS, 0000 THOMAS A. BEATIE, 0000 SCOTT T. BROWN, 0000 BETH A. COMBS, 0000 FRANK J. BEAUPRE, 0000 SUSAN BROWN, 0000 ANITA M. COMPAGNONE, 0000 EUGENE V. BECKER, 0000 THOMAS S. BROWNING, 0000 DAVID W. COMPTON, 0000 JOSEPH M. BECKER, 0000 WILLIAM D. BRUENING, JR., 0000 DOUGLAS A. CONDON, 0000 DAVID A. BEEBE, 0000 MICHAEL H. BRUMETT, 0000 KELLIE M. CONDON, 0000 CHARLES G. BEEM, 0000 BLAINE R. BRUNSON, 0000 ANDREW F. CONLEY, 0000 JAMES BELL, 0000 ANTHONY P. BRUSCA, 0000 DONALD M. CONLEY, 0000 JEFFREY S. BELL, 0000 LAURA L. BRYAN, 0000 RYLAN S. CONRAD, 0000 ROSE M. BELL, 0000 KURT N. BUCHANAN, 0000 MELANIE J. CONSTANT, 0000 LANE M. BENEFIELD, 0000 ROBERT A. BUENTE, 0000 RICHARD S. CONTE, 0000 DAVID W. BENNETT, 0000 DAVID S. BUNZ, 0000 DANIEL J. CONWAY, 0000 LAYNE D. BENNION, 0000 RICHARD W. BURBAGE, 0000 JOSEPH E. COOGAN, 0000 PAULA A. BENSONREYNOLDS, 0000 BENJAMIN W. BURFORD, 0000 PHILIP R. COOK, JR. 0000 DAVID P. BENTLEY, 0000 DAVID A. BURGESS, 0000 DAVID L. COOL, 0000 HAROLD W. BENTON, 0000 ROBERT G. BURGESS, 0000 WILLIAM T. COOLEY, 0000 CHRISTOPHER N. BERG, 0000 KIMBERLY A. BURKET, 0000 ANTHONY O. COPELAND, 0000 ROBERT J. BERGEVIN, 0000 JEFFREY W. BURKETT, 0000 MICHAEL A. COPLEY, 0000 JON M. BERGSTROM, 0000 JAMES R. BURNETT, JR., 0000 STEPHEN A. COPPI, 0000 BRIAN J. BERNING, 0000 DAVID R. BURNS, 0000 DONALD R. COPSEY, 0000 ANDREW J. BERRY, 0000 GEORGE E. BUSH III, 0000 LONZIO D. CORMIER, 0000 YVONNE M. BESSELLIEU, 0000 WILLIAM E. BUSH, 0000 CECILIA M. CORRADO, 0000 DANIEL J. BESSMER, 0000 VICTORIA T. BUSKA, 0000 MICHAEL J. CORRICELLI, 0000 BRENT D. BIGGER, 0000 CHARLES E. BUTCHER, JR., 0000 CHRISTOPHER T. CORTESE, 0000 TIMOTHY J. BILTZ, 0000 DAVID S. BUZZARD, 0000 ROGER L. COSIMI, 0000 DEANNA L. BINGHAM, 0000 PAMELLA A. BYRD, 0000 JAMES A. COSTEY, 0000 RACHEL H. BINGUE, 0000 DAVID M. CADE, 0000 SCOTT M. COSTIN, 0000 DAVID R. BIRCH, 0000 STEVEN E. CAHANIN, 0000 ROBERT H. COTHRON, LLL, 0000 BRYAN P. BIRCHEM, 0000 DIANE L. CALIMLIM, 0000 CHARLES E. COULOURAS, 0000

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ANNE M. COVERSTON, 0000 ROBERT R. EDWARDS, JR., 0000 CHRISTOPHER D. GAWLIK, 0000 RIM A. COX, 0000 TISH REMI EDWARDS, 0000 JOHN K. GAY, 0000 DARLENE M. COYNE, 0000 TRENT H. EDWARDS, 0000 PAUL L. GAYLORD, 0000 DARWIN L. CRAIG, 0000 CHARLES D. EICHER, 0000 GORDON M. GEISSLER, 0000 TAL G. CRAIG, 0000 DEONA J. EICKHOFF, 0000 CHERYL A. GENTILE, 0000 CHAD L. CRAWFORD, 0000 MICHAEL D. ELIASON, 0000 TODD W. GENTRY, 0000 MICHAEL B. CRAWFORD, 0000 DEAN L. ELLER, 0000 JAMES W. GEORGE, 0000 ROSE M. CRAYNE, 0000 ERIC D. ELLIOTT, 0000 MICHAEL D. GERAGOSIAN, 0000 JERROLD E. CREED, 0000 WENDY CARLEEN ELLIOTT, 0000 GREGORY R. GIBSON, 0000 JAMES L. CREVER, 0000 JEFFREY I. ELLIS, 0000 PEGGY R. GIBSON, 0000 JAMES A. CREWS, 0000 PRISCILLA Y. ELLIS, 0000 DANIEL E. GIFFORD, 0000 MICHELLE C. CRONE, 0000 TODD C. ELLISON, 0000 PAUL G. GIFFORD, 0000 KYLE E. CROOKS, 0000 KRISTINA R. ELSAESSER, 0000 CAMERON L. GILBERT, 0000 BRADLEY E. CROSS, 0000 CHRISTINE I. ELY, 0000 JOHN D. GILBERT, 0000 NEIL A. CROW, 0000 VIRA EM, 0000 MICHAEL E. GILBERT, 0000 KIM M. CRUSE, 0000 TEDDI J. EMBREY, 0000 RONALD P. GILBERT, 0000 BRYAN L. CRUTCHFIELD, 0000 MICHAEL T. EMMERTH, 0000 PAUL A. GILL, 0000 CHEUNITA R. CRUZ, 0000 GREGORY L. ENDRIS, 0000 TIMOTHY H. GILL, 0000 KANDIS L. CRUZ, 0000 DAVID W. ENFIELD, 0000 ROBERT W. GILMORE, 0000 KEVIN W. CULP, 0000 DOUGLAS H. ENGBERSON, 0000 NATALIE Y. GISCOMBE, 0000 JULIA K. CUMMINGS, 0000 RICHARD D. ENGLAND, 0000 DAVID S. GLICK, 0000 EDGAR M. CUNANAN, 0000 JEFFREY A. ENGLERT, 0000 THOMAS E. GLOCKZIN, 0000 CHRISTOPHER C. CUNNINGHAM, 0000 JOHN T. ENYEART, 0000 MARK I. GLYNN, 0000 KEITH A. CUNNINGHAM, 0000 ROBERT L. EPPENS, 0000 JEFFREY S. GODDARD, 0000 MILLER CUNNINGHAM, JR., 0000 BRIAN E. EPPLER, 0000 DAVID E. GOEBEL, 0000 LEE J. CURTIN, 0000 LARRY T. EPPLER, 0000 REGINA T. GOFF, 0000 JAMES G. CUSIC III, 0000 SCOTT A. ERICKSON, 0000 ALANA C. GOGAN, 0000 GEORGE, CYHANIUK, 0000 STEVEN E. ERICKSON, 0000 JAMES D. GOLDEN, 0000 LLOYD W. DAGGETT, 0000 GREGORY W. ERVIN, 0000 FRANK C. GOLICH, 0000 MARK E. DAHLEMELSAETHER, 0000 BERTHA B. ESPINOSA, 0000 MANUEL R. GOMEZ, JR., 0000 ROBERT A. DAHLKE, 0000 DOUGLAS B. EVANS, 0000 BRUCE E. GOOCH, 0000 GLYNDA M. DALLAS, 0000 STEVEN M. EVERETT, 0000 JULIA R. GOODE, 0000 JAMES R. DALLY, 0000 SHELLEY M. EVERSOLE, 0000 GERALD V. GOODFELLOW, 0000 COLLEEN O. DALY, 0000 TERRENCE L. EVERY, 0000 LAURA J. GOODRICH, 0000 MATTHEW R. DANA, 0000 LINDA M. EWERS, 0000 BETH A. GOODWILL, 0000 RONALD K. DANCY, 0000 BRIAN P. EYRE, 0000 DAVID S. GOOSMAN, 0000 TROY T. DANIELS, 0000 GUS M. FADEL, 0000 WILLIAM R. GORDON, 0000 VERNON CHARLES DANIELS II, 0000 SCOTT R. FARRAR, 0000 TODD W. GORRELL, 0000 KAREN Y. DAVENPORT, 0000 KURTIS W. FAUBION, 0000 JOHN G. GORSE, 0000 ELTON H. DAVIS, 0000 DONALD L. FAUST, 0000 PENELOPE F. GORSUCH, 0000 GARY A. DAVIS, 0000 MICHAEL J. FEDOR, 0000 LISA M. GOSSETT, 0000 KARYL J. DAVIS, 0000 JOHN T. FERRY, 0000 DEAN E. GOULD, 0000 JON K. DAWSON, 0000 BRUCE E. FEWKES, 0000 GORDON D. GOULD, 0000 LISA D. DAY, 0000 DIANNE L. FIEDLER, 0000 WINSTON A. GOULD, 0000 MARK O. DEBENPORT, 0000 RAYMOND J. FIEDER, 0000 CLAYTON M. GOYA, 0000 JOHN K. DECAMP, 0000 RAMONA L. FIELDS, 0000 CARMEN S. GOYETTE, 0000 ELIZABETH A. DECKER, 0000 GEORGE F. FINK, 0000 STEPHEN W. GRADY, 0000 BRENTLY G. DEEN, 0000 TIMOTHY M. FINNEGAN, 0000 MARK A. GRAF, 0000 ANGELA DEESPREBULA, 0000 FREDRIC S. FIREHAMMER, 0000 DAVID B. GRAFF, 0000 THOMAS E. DEETER, 0000 ED J. FISCHER, 0000 TERRY W. GRAGG, 0000 JOSEPH C. DEFENDERFER, 0000 JEFFREY H. FISCHER, 0000 GREGG A. GRAHAM, 0000 DREXEL G. DEFORD, JR., 0000 KEITH D. FISCHER, 0000 JOHN G. GRAHAM, 0000 MITCHELL T. DEGEYTER, 0000 RONALD J. FISCHER, 0000 LYNN M. GRANDGENETT, 0000 JOSEPH L. DEGRANDE, 0000 RONALD J. FISCHER, 0000 ALESIA D. GRANT, 0000 CURTIS R. DEKEYREL, 0000 JAMES T. FISH, 0000 GILLIAN J. GRANT, 0000 STEPHEN P. DEMIANCZYK, 0000 ERIC S. FISK, 0000 JOHN A. GRAVES, 0000 JEFFREY A. DENEUI, 0000 CHARLES D. FITZGERALD, 0000 TODD V. GRAVES, 0000 CHARLES P. DENISON, 0000 MICHAEL T. FITZGERALD, 0000 DEBORAH L. GRAY, 0000 DAVID B. DENMAN, 0000 TIMOTHY L. FITZGERALD, 0000 BRENT A. GREEN, 0000 DANIEL C. DERBAWKA, 0000 EDGAR L. FLERI, JR., 0000 KENNETH M. GREENSTREET, 0000 THOMAS A. DERMODY, 0000 BRIAN J. FLETCHER, 0000 CHERYL J. GREENTREE, 0000 MARTHA R. DERR, 0000 LOUIS L. FLETCHER, 0000 STEPHEN E. GREENTREE, 0000 JEAN A. DESMARAIS, 0000 TIMOTHY D. FLORA, 0000 BRIAN L. GREENWOOD, 0000 TIMOTHY P. DEVINE, 0000 RUSSELL C. FLOWERS, 0000 DANIEL W. GREGG, 0000 MARK D. DEVOE, 0000 ROBERT L. FLOYD, IV, 0000 ROBERT A. GREGORIUS, 0000 ANDREW J. DEWALD, 0000 JETH A. FOGG, 0000 PAULA D. GREGORY, 0000 SCOT A. DEWERTH, 0000 RICHARD W. FOGG, 0000 DALE G. GREY, 0000 DOUGLAS S. DICKERSON, 0000 LOUIS J. FOLEY, JR., 0000 THOMAS H. GRIEP, 0000 TERRY O. DICKINSON, 0000 RICHARD L. FOLKS, II, 0000 CEABERT J. GRIFFITH, 0000 JAMES H. DIENST, 0000 RACHAEL FONTANILLA, 0000 DANIEL T. GRILLONE, 0000 JOHN R. DIERCKS, 0000 JAMES M. FORAND, 0000 PATRICK J. GRIMM, 0000 STEPHEN J. DIPPEL, 0000 JEFFREY T. FOREHAND, 0000 RITCHIE D. GRISSETT, 0000 TIMOTHY A. DIRKS, 0000 WILLIAM A. FORKNER, 0000 JAMES M. GROGAN, 0000 JOHN P. DITTER, 0000 JOHN RAY FORMAN, 0000 DANIEL J. GRONER, 0000 TODD A. DIXON, 0000 SCOTT W. FORN, 0000 JOSEPH E. GROSS III, 0000 STEPHEN J. DOBRONSKI, 0000 AMY A. FORRESTER, 0000 MARIA G. GUEVARA, 0000 DEAN E. DOERING, 0000 RICHARD J. FORRISTALL, 0000 JOSE E. GUILLEN, JR., 0000 WAYNE E. DOHERTY, 0000 JOEL R. FORTENBERRY, 0000 JEAN M. GUMPPER, 0000 CHRISTIAN H. DOLLWET, 0000 MICHELLE P. FOSTER, 0000 DARIN J. GUNNINK, 0000 JOHN F. DONAHUE, 0000 SAMUEL L. FOSTER, 0000 KIRSTEN A. GURLEY, 0000 REBECCA L. DONAHUE, 0000 JOAN Y. FOURNIER, 0000 DARREK L. GUSTER, 0000 STEPHEN K. DONALDSON, 0000 CHARLES F. FOX, 0000 MARCEL L. GUSTIN, 0000 BETH DOPLER, 0000 ROBERT A. FRANKL, 0000 GARY S. HAAG, 0000 MARK J. DORIA, 0000 GREGORY C. FRANKLIN, 0000 MARK W. HABERICHTER, 0000 JAMES L. DOROUGH JR., 0000 JEFFREY R. FRANKLIN, 0000 CHRISTOPHER K. HADDOCK, 0000 JEFFREY O. DORR, 0000 RICHARD M. FRANKLIN, 0000 MARK J. HAGEN, 0000 HAMILTON L. DORSEY, 0000 LLOYD D. FRAZIER, 0000 ROBERT J. HAHN, 0000 MICHAEL M. DOUGHTY, 0000 ROBERT E. FREDRICKSON, JR., 0000 CARLOS HALCOMB, 0000 ROBERT E. DOWNES, 0000 BRIAN E. FREDRIKSSON, 0000 RODERICK A. HALEY, 0000 RICHARD A. DOYLE, 0000 RICHARD K. FREEMAN, 0000 DOUGLAS C. HALL, 0000 ERNEST S. DRAKE, 0000 GREGORY A. FRICK, 0000 JASON T. HALL, 0000 SHELIA M. DRAKE, 0000 DANIEL J. FRITZ, 0000 JOHN E. HALL, 0000 GARY T. DROUBAY, 0000 JOANN C. FRYE, 0000 PETER R. HALL, 0000 GLENN R. DUBOIS, 0000 SCOTT L. FUCHS, 0000 MICHAEL J. HALLORAN, 0000 MARCUS S. DUBOIS, 0000 LISA A. FUENTES, 0000 EDWARD G. HAMILL, 0000 ANGEL M. DUDINSKY, 0000 GREG M. FUJIMOTO, 0000 KENNETH R. HAMM, 0000 LAURIE W. DUFFROBERTSON, 0000 CHRISTOPHER T. FULLER, 0000 KEVIN D. HAMPSHIRE, 0000 CHRISTOPHER G. DUFFY, 0000 STEPHEN T. FULLER, 0000 DAVID M. HANF, 0000 PATRICK J. DULANEY, 0000 SUSAN H. FUNKE, 0000 MARK E. HANLEY, 0000 DARRELL C. DUNN, 0000 VERNE S. FUTAGAWA, 0000 SCOTT M. HANNAN, 0000 RONDA L. DUPUIS, 0000 CRAIG S. GADDIS, 0000 ERIK W. HANSEN, 0000 GREGORY P. DURAND, 0000 RICHARD E. GADDIS, 0000 DAVID K. HAPNER, 0000 PHILIP B. DURDEN, 0000 SEAN T. GALLAGHER, 0000 SAMUEL M. HARBIN, 0000 TIMOTHY L. DUREPO, 0000 LUIS S. GALLEGOS, 0000 ROBERT A. HARDIN, 0000 RANDY Q. DURR, 0000 JOSEPH M. GAMBRELL, 0000 MICHAEL S. HARDMAN, 0000 CHRISTOPHER G. DUSSEAULT, 0000 JOAN H. GARBUTT, 0000 MICHAEL R. HARGIS, 0000 JOSEPH E. DUVAL, 0000 LISA A. GARCCI, 0000 ROSANNE T. HARGROVE, 0000 KENNETH H. DWELLE, 0000 MICHAEL A. GARCIA, 0000 BERNADETTE A. HARLOW, 0000 CHRISTOPHER A. DYER, 0000 STEVE E. GARCIA, 0000 DAMAN B. HARP, 0000 JEAN MARIE EAGLETON, 0000 STEVEN J. GARCIA, 0000 TIMBERLYN M. HARRINGTON, 0000 LIONEL F. EARL, JR., 0000 DAVID P. GARFIELD, 0000 BRYAN L. HARRIS, 0000 MARK H. EASTERBROOK, 0000 ROBERT A. GARLAND, JR., 0000 ERNEST S. HARRIS III, 0000 DAVID P. EASTERLING, JR., 0000 ERIC S. GARTNER, 0000 HUGH A. HARRIS, 0000 PAUL B. EBERHART, 0000 TERRY J. GASPER, 0000 MCKINLEY HARRIS III, 0000 ADRIANA EDEN, 0000 GEORGE H. GATES, JR., 0000 PAUL H. HARRIS, 0000 DAVID K. EDNEY, 0000 MARK A. GAUBERT, 0000 RONYA A. HARRIS, 0000 AMIR A. EDWARD, 0000 MARK K. GAUGLER, 0000 TAL H. HARRIS, 0000

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MARK E. HARRISON, 0000 ALAN D. JAGOLINZER, 0000 JEFFREY E. LARSON, 0000 ROBERT L. HARSHAW, 0000 EDWARD M. JAKES, 0000 STEVEN M. LARSON, 0000 STACI E. HATCH, 0000 SERGEJ JAKOVENKO, JR., 0000 CYNTHIA C. LATKE, 0000 RYAN E. HATTEN, 0000 DANA J. JAMES, 0000 MICHELLE D. LAVEY, 0000 DOUGLAS A. HAUTH, 0000 KRISTIN K. JAMES 0000 BRETT E. LAWLESS, 0000 GARY F. HAWTHORNE, 0000 CONNIE M. JAMISON, 0000 JAMES F. LAWRENCE, 0000 RODNEY C. HAYDEN, 0000 CHRISTOPHER S. JARKO, 0000 TIMOTHY R. LAWRENCE, 0000 STEVEN H. HAYES, 0000 LISA R. JASIN, 0000 ROGER A. LAWSON, 0000 THERESA L. HAYGOOD, 0000 CRAIG A. JASPER, 0000 THERESA A. LAWSON, 0000 DANIEL R. HAYNES, 0000 STEVEN P. JATHO, 0000 ROBERT F. LAWYER, 0000 MARGARET F. HAYNES, 0000 BRIAN K. JEFFERSON, 0000 THOMAS R. LAYNE, 0000 NEIL M. HEAD, 0000 THOMAS B. JEFFREY, 0000 CHRISTOPHER A. LEACH, 0000 JOHN P. HEALY, 0000 DAVID L. JENNINGS, 0000 BRIAN K. LEATHERWOOD, 0000 MICHAEL D. HEARD, 0000 TODD C. JOACHIM, 0000 JAMES E. LEBER, 0000 MATTHEW M. HEATON, 0000 PATRICK E. JOCHEM, 0000 STUART C. LEDET, 0000 EDITHA P. HEBERLEIN, 0000 TAY W. JOHANNES, 0000 JAMES D. LEDNUM, 0000 SCOTT T. HEBRINK, 0000 CONNIE J. JOHNMEYER, 0000 GENE C. LEE, 0000 ROBERT S. HEDDEN, 0000 DAVID W. JOHNSON, 0000 HYON E. LEE, 0000 JANE E. HEETDERKSCOX, 0000 JAY S. JOHNSON, 0000 KURT R. LEE, 0000 DAVID M. HEFNER, 0000 JOSHUA B. JOHNSON, 0000 RUSSELL E. LEE, 0000 JOEL R. HEFT, 0000 KENNETH F. JOHNSON, 0000 WENDY J. LEE, 0000 ERIK W. HEFTYE, 0000 KENT O. JOHNSON, 0000 WILLIAM M. LEE, 0000 JON P. HEILEMAN, 0000 NATHAN H. JOHNSON, 0000 LORI LEEDOWDY, 0000 DAVID P. HEIN, 0000 PAUL L. JOHNSON, 0000 CHRISTINE M. LEISTER, 0000 DENIS A. HEINZ, 0000 WILLIAM B. JOHNSON, 0000 TINA M. LEMKE, 0000 JULIE M. HEISE, 0000 WILLIAM H. JOHNSON III, 0000 BERNARDO LEONARDO, JR., 0000 JOHN R. HEISLER, 0000 DREW Y., JOHNSTON, JR., 0000 GARY N. LEONG, 0000 BETH M. HELMS, 0000 KENNETH T. JOLIVET, 0000 EDWARD G. LESZYNSKI, 0000 MICHAEL W. HELVEY, 0000 LANCE A. JOLLY, 0000 DAVID S. LEVENSON, 0000 SAMANTHA A. HELWIG, 0000 ROBERT D. JOLOWSKI, 0000 LISA E. LEWIS, 0000 WENDY C. HEPT, 0000 DIANE M. JONES, 0000 ROBERT W. LEWIS, 0000 JEFFREY R. HERBERT, 0000 JAMES E. JONES, 0000 LENORA C. LEYENDECKER, 0000 DAVID M. HEROUX, 0000 JAMES R. JONES, JR., 0000 DAWN LIGHT, 0000 MARTIN R. HERTZ, 0000 ROBERT W. JONES, JR., 0000 ANITA L. LIGHTFOOT, 0000 MICHAEL H. HEUER, 0000 CURTIS M. JORDAN, 0000 SAMUEL LIGHTFOOT, JR., 0000 ANDREAS C. HEY, 0000 FLOYD A. JORDAN, 0000 RONADL L. LIMES, JR., 0000 DOUGLAS E. HIESTAND, 0000 JAMES A. JOYCE, 0000 CHRISTOPHER J. LINDELL, 0000 TODD S. HIGGS, 0000 KENNETH M. JOYNER, 0000 DALE M. LINDEMANN, 0000 ROBERT W. HIGHLEY, 0000 ANDREAS JUCKER, 0000 JOE L. LINDSEY, 0000 CLARK A. HIGHSTRETE, 0000 DAVID J. JULAZADEH, 0000 BRUCE A. LING, 0000 ROBERT J. HILDEBRAND, 0000 MARGARET H. JUREK, 0000 MARY P. LINN, 0000 KENNETH A. HILL, 0000 HENRY C. KAPPES, JR., 0000 DAVID S. LINTON, 0000 MARK B. HILL, 0000 SHOMELA R. KARIM, 0000 PETER R. LITTLE, 0000 MICHAEL S. HILL, 0000 TIMOTHY J. KARMONDY, 0000 MARGARET E. LITTLEFIELD, 0000 ROBERT J. HILL, JR., 0000 BONNY S. KARR, 0000 ERVIN LOCKLEAR, 0000 JOHN J. HILLSMAN, III, 0000 AMBER R. KASBEER, 0000 STEPHEN A. LOGAN, 0000 SCOTT T. HILLSTEAD, 0000 DONALD G. KATHAN, 0000 LESLY LOISEAU, 0000 RAYMOND R. HINDMAN, 0000 JEFFREY S. KECKLEY, 0000 DAVID N. LOMBARD, 0000 DARREL T. HINES, 0000 PATRICIA C. KEENAN, 0000 TAMARA N. LOMBARD, 0000 MICHAEL W. HINZ, 0000 ROBERT B. KEENEY, JR., 0000 FREDERICK A. LOMBARDI, 0000 RICHARD M. HIRSCH, 0000 SANDY J. KEITH, 0000 JOHN J. LOMICK, 0000 DAVID M. HITTE, 0000 EDNA V. KELLEY, 0000 GREGORY A. LONG, 0000 DAVID J. HLUSKA, 0000 JOHN L. KELLEY, 0000 JOHN H. LONG, 0000 BYRON J.M. HO, 0000 RICHARD E. KELLEY, 0000 MARY L. LONIGRO, 0000 DOUGLAS C. HODGE, 0000 WAYNE N. KELM, 0000 MARC A. LOPEZ, 0000 CARL E. HODGES, 0000 DOUGLAS K. KELSCH, 0000 MARIA J. LOPEZ, 0000 MARILYN E. HODGES, 0000 VERONICA N. KEMENY, 0000 JENNEY L. LORD, 0000 PAUL J. HOERNER, 0000 DOUGLAS B. KENNEDY, 0000 RONYA M. LOTTHENDERSON, 0000 CHARLES E. HOGAN II, 0000 KRISTI A. KENNEDY, 0000 JOHN H. LOVEALL, 0000 JEFFREY S. HOGAN, 0000 JACQUELYN E. KERR, 0000 LAURIE DENE LOVARK, 0000 MARK L. HOLBROOK, 0000 ALINA KHALIFE, 0000 JOHN G. LOWE, 0000 PAMELA L. HOLIFIELD, 0000 EDWARD J. KHIM, 0000 ROBERT R. LOY, 0000 DEBORAH A. HOLINGER, 0000 KATHLEEN H. KIDD, 0000 ROY E. LOZANO, JR., 0000 MICHAEL W. HOLL, 0000 JAMES G. KIMBROUGH, 0000 KEITH A. LUDWIG, 0000 MICHAEL L.A. HOLLAND, 0000 MIKE D. KINCAID, 0000 TIMOTHY T. LUNDERMAN, 0000 STEVEN W. HOLLIS, 0000 MICHAEL T. KINDT, 0000 DAVID A. LUNGER, 0000 MATTHEW H. HOLM, 0000 BRIAN E. KING, 0000 GARRY W. LUNSFORD, 0000 DANIEL T. HOLT, 0000 SONYA N. KING, 0000 JAMIE A. LUTES, 0000 MICHAEL A. HOMSY, 0000 WAYNE F. KING, 0000 DAVID L. LYLE, 0000 THOMAS M. HOMZA, 0000 ROBERT G. KINSFATHER, 0000 DESIREE L. LYLES 0000 DAVID E. HOOK, 0000 CECILIA M. KIPP, 0000 SHANNON D. LYNCH, 0000 TROY E. HOOK, 0000 DONALD C. KIRK, 0000 WANDA V. LYNCH, 0000 MICHAEL D. HOPPNER, 0000 VINCENT L. KIRKNER, 0000 CHERYL A. LYON, 0000 ERIC S. HORNBOSTEL, 0000 PRESTON D. KISE, 0000 TIMOTHY S. LYON, 0000 DAVID J. HORNYAK, 0000 MIKLOS C. KISS, JR., 0000 JAMES D. LYONFIELDS, 0000 FRANK H. HORTON, 0000 MONICA Y. KLATT, 0000 RICHARD N. MACCONNEL, 0000 WALTER G. HORTON, 0000 WENDY E. KLEIN, 0000 KENNETH A. MACDONALD, 0000 WRAY R. HOSKAMER, 0000 JAMES F. KLINGMEYER, 0000 ROBERT C. MACKELPRANG, 0000 DARREN L. HOSKINS, 0000 STEVE M. KLUMP, 0000 WILLIAM D. MAGEE, 0000 CHARLES W. HOULDING, 0000 LISA K. KNIERIEM, 0000 CHERYL L. MAGNUSON, 0000 ROBERT C. HOUSE, JR., 0000 WILLIAM M. KNIGHT, 0000 RICHARD W. MAHARREY, 0000 TIMOTHY M. HOUSE, 0000 KEVIN J. KNISKERN, 0000 DAVID A. MAHER, 0000 PAUL L. HOWE, 0000 DANIEL P. KNUTSON, 0000 BRIAN J. MAHONEY, 0000 PAUL E. HOWELL, 0000 CYNTHIA A. KOCH, 0000 CAROL C. MALEBRANCHE, 0000 PAUL B. HROMANIK, 0000 THEODORE S. KOCH, 0000 PHILIPPE R. MALEBRANCHE, 0000 ANN S. HRYSHKOMULLEN, 0000 SCOTT A. KOEHLER, 0000 DAVID T. MALLARNEE, 0000 JEFFEREY B. HUBBELL, 0000 STEPHEN R. KOENIG, 0000 ROBERT A. MALLETS, 0000 BERT L. HUBERT, 0000 TERESA M. KOHLBECK, 0000 FRANCIS X. MALLOY, 0000 ROBERT V. HUCKLEBERRY, 0000 MICHAEL L. KONING, 0000 CHARLES J. MALONE, 0000 JAMES B. HUDGENS, 0000 BRIAN T. KOONCE, 0000 RUSSELL W. MAMMOSER, 0000 BILLY W. HUDSON, JR., 0000 STEPHEN O. KORNITZER, 0000 PAUL R. MANCINI, 0000 STEPHEN C. HUEHOLT, 0000 BENJAMIN F. KOUDELKA, JR., 0000 BERNARD W. MANLEY, 0000 HEIDI E. HUENIKEN, 0000 JOSEPH V. KRAFT, 0000 ROBERT J. MANSFIELD, 0000 ALICIA L. HUGHES, 0000 ROBET L. KRAJECK, JR., 0000 CHAD T. MANSKE, 0000 RODNEY R. HULLINGER, 0000 GLENN M. KRAMER, 0000 KARL W. MARIOTTI, 0000 SCOTT W. HUMMEL, 0000 ANNA MARTINEZ, KRAMM, 0000 TODD M. MARKWALD, 0000 JAMES D. HUNSICKER, 0000 GEOFFREY D. KRASSY, 0000 THOMAS H. MARLIN, 0000 PETER A. HUNSUCK, 0000 JEFFREY J. KRIENKE, 0000 KEITH E. MARLOW, 0000 THOMAS M. HUNTER, 0000 STEVEN E. KRIESE, 0000 BARBARA C. MARTIN, 0000 KYLE N. HUSE, 0000 JAMES P.E. KULKA, 0000 LISA A. MARTIN, 0000 DIANE T. HUSTON, 0000 CHAD S. KUNTZLEMAN, 0000 STEVE A. MARTIN, 0000 THOMAS H. HUZZARD, 0000 KRISTINE T. KUSEKVELLANI, 0000 WAYNE R. MARTIN, 0000 RAYMOND L. HYLAND, JR., 0000 MAUREEN A. KUSKE, 0000 MICHELLE D. MARTINEAU, 0000 APRIL L. IACOPELLI, 0000 ANDREW C. KUTH, 0000 GLENN E. MARTINEZ, 0000 RICHARD D. IANNACCHIONE, 0000 GLENN A. KYLER, 0000 PETER H. MASON, 0000 JON E. INCERPI, 0000 EDWARD A. LAFERTY, 0000 ANTHONY J. MASSA, 0000 ROBERT L. INGEGNERI, 0000 DAVID P. LAKE, 0000 MICHAEL L. MASTERS, 0000 MARK S. INGLES, 0000 JAMES A. LAMB, 0000 MICHAEL T. MATHEIS, 0000 ROBERT E. INTRONE, 0000 CHRISTOPHER S. LAMBERT, 0000 JOSEPH P. MATHIS, 0000 JOEL D. IRVIN, 0000 JEFFREY A. LAMBERT, 0000 ESTER L. MATINA, 0000 JAMES M. ISBEL, JR., 0000 STEPHEN B. LAMBERT, 0000 FREDDY A. MATOS, 0000 PAUL H. ISSLER, 0000 KEVIN S. LANE, 0000 GREGG T. MATSUMOTO, 0000 HARRY W. JACKSON, 0000 LARRY H. LANG, 0000 JAMES B. MATTILA, 0000 ROBERT S. JACKSON, JR., 0000 LEIANN M. LANG, 0000 SUZANNE M. MATTIODA, 0000 THOMAS N. JACOB, 0000 MARK A. LANGE, 0000 LESLIE A. MAUNEY, 0000 JEFFERY L. JACOBS, 0000 TODD A. LANGENFELD, 0000 ERIC R. MAURER, 0000 GLEN C. JAFFRAY, 0000 DOUGLAS N. LARSON, 0000 GARY A. MAUSS, 0000

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RICHARD D. MAXHIMER, 0000 WENDY L. MURRAY, 0000 PAUL R. PLEMEL, 0000 ROBERT E. MAYFIELD, 0000 MYLES M. NAKAMURA, 0000 SCOTT L. PLEUS, 0000 PAMELA D. MCALLISTER, 0000 JOSEPH J. NARRIGAN, 0000 STEPHEN D. POINTON, 0000 WILLIAM J. MCALLISTER, 0000 DANIEL S. NASH, 0000 WILLIAM E. POLAKOWSKI, 0000 JEANINE M. MCANANEY, 0000 TRACY A. NEALWALDEN, 0000 JOHN F. POLANDER, 0000 HOWARD G. MCARTHUR, 0000 LORA F. NEELY, 0000 ROBERT W. POLICANO, 0000 WILLIAM T. MCBROOM III, 0000 MARY C. NEFF, 0000 MICHAEL J. POLLEY, 0000 RICHARD T. MCCAFFERTY, 0000 ROBERT E. NEHER, JR., 0000 THOMAS POLLIO, 0000 REBECCA A. MCCAIN, 0000 TIMOTHY A. NELL, 0000 EDWARD J. POLLOCK, 0000 SAMUEL P. MCCARTHY, 0000 BRENDA R. NELSON, 0000 MICHAEL D. PORT, 0000 STEPHEN S. MCCARTY, 0000 CATHERINE M. NELSON, 0000 JAMES C. PORTER, 0000 TERRY W. MCCLAIN, 0000 MELANIE J. NELSON, 0000 SHEILA J. POWELKA, 0000 CHARLES J. MCCLOUD, JR., 0000 REBECCA A. NELSON, 0000 JAMES R. POWELL, 0000 CARLA J. MCCLURE, 0000 DOUGLAS W. NEMSCHICK, JR., 0000 JOHN W. POWERS III, 0000 BARBARA A. MCCLURKIN, 0000 ROBER L. NEUMANN, 0000 WILLIAM M. PRAMENKO, 0000 ROBERT G. MCCORMACK, 0000 STEVEN T. NEUSER, 0000 TYE E. PRATER, 0000 MICHAEL R. MCCOY, 0000 MICHAEL EUGENE NEWMAN, 0000 JOHN R. PRATT, 0000 ROBERT P. MCCRADY, 0000 CHRISTINE L. NG, 0000 RONALD D. PRICE II, 0000 ILYO L. MCCRAY, 0000 CLIFTON E. NICHOLS, 0000 MARIA M. PRIEST, 0000 JAMES B. MCDONALD, 0000 JAMES R. NICHOLS, 0000 KELLY J. PRIMUS, 0000 MICHAEL E. MCDONALD, 0000 JOSEPH K. NICHOLSON, 0000 MELANIE A. PRINCE, 0000 REGINALD A. MCDONALD, 0000 SCOTT P. NICKERSON, 0000 RICHARD D. PROCTOR, 0000 GEORGE M. MCDOWELL, 0000 ERIC B. NICKISH, 0000 JOHN J. PROSCENO, JR., 0000 JAMES C. MCEACHEN, 0000 CHRISTOPHER T. NICKLAS, 0000 GREGORY T. PUCH, 0000 JOHN P. MCELDOWNEY, 0000 DANA S. NIELSEN, 0000 RAYMOND K. PURVIS, 0000 JAMES J. MCELHENNEY, 0000 TERANCE L. NIVER, 0000 GLENN C. QUANBECK, 0000 DARYL C. MCELWAIN, 0000 LAWRENCE A. NIXON, 0000 THOMAS J. QUICK, 0000 MARK A. 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TARTER, 0000 SCOTT F. WALTER, 0000 BRIAN D. SMITH, 0000 TRENT J. TATE, 0000 SHELDON D. WALTER, 0000 BRUCE I. SMITH, 0000 GREGORY O. TAYLOR, 0000 JOSEPH M. WALZ, 0000 BRUCE M. SMITH, 0000 JAMES F. TAYLOR, 0000 DEAN A. WARD, 0000 COLLIN B. SMITH, 0000 JOHN R. TAYLOR II, 0000 ROBERT J. WARD, 0000 DAVID P. SMITH, 0000 JOSEPH A. TAYLOR JR., 0000 ERIC L. WARNER, 0000 DIANE L. SMITH, 0000 KAREN A. TAYLOR, 0000 LEAH C. WARNER, 0000

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SCOTT A. WARNER, 0000 JEFFREY A. WILCOX, 0000 DANIEL T. WOLF, 0000 JAMES L. WARNKE, 0000 SHEILA H. WILHITE, 0000 KEVIN M. WOLF, 0000 ELAINE R. WASHINGTON, 0000 JOHN M. WILKENS, 0000 KEVIN S. WOLFE, 0000 LORENZO S. WASHINGTON, 0000 PEGGY ANNE WILKINS, 0000 JOSEPH L. WOLFER, 0000 MARK E. WASSER, 0000 MARK W. WILKINSON, 0000 JOSEPH L. WOLFKIEL, 0000 BILLY J. WATKINS, JR., 0000 MICHAEL D. WILKINSON, 0000 JASON L. WOOD, 0000 MICHAEL G. WATSON, 0000 BRETT T. WILLIAMS, 0000 THERESA G. WOOD, 0000 CHRISTIAN G. WATT, 0000 CLIFFORD D. WILLIAMS, 0000 RIPLEY E. WOODARD, 0000 KATHERINE A. WEBB, 0000 DALE R. WILLIAMS, 0000 ANDREW D. WOODROW, 0000 RICHARD E. WEBB, JR., 0000 DANIEL R. WILLIAMS, 0000 ROBERT S. WOODWARD, 0000 MICHAEL R. WEHMEYER, 0000 DOUGLAS A. WILLIAMS, 0000 TIMOTHY M. WOODYARD, 0000 DAN K. WEIBLE, 0000 GREG A. WILLIAMS, 0000 MICHAEL W. WOOLLEY, 0000 TERI L. WEIDE, 0000 JEFFREY G. WILLIAMS, 0000 JAMES O. WOOTEN, 0000 GREGORY S. WEISE, 0000 KENNETH A. WILLIAMS, 0000 RHONDA S. WOOTTON, 0000 KIRK K. WEISSENFLUH, 0000 LYNDON J. WILLIAMS, 0000 TODD A. WORMS, 0000 NANCY L. WEITZEL, 0000 NEICKO C. WILLIAMS, 0000 BRADLEY K. WRIGHT, 0000 PATRICK T. WELCH, 0000 NNEKA C. WILLIAMS, 0000 JACK D. WRIGHT, JR., 0000 MARK D. WELTER, 0000 ROBIN B. WILLIAMS, 0000 KARYN E. WRIGHT, 0000 JAMES C. WEST, 0000 SHUN V. WILLIAMS, 0000 RICHARD D. WRIGHT, 0000 WILLIAM P. WEST, 0000 JEFFREY S. WILLIS, 0000 ANTHONY J. WURMSTEIN, 0000 GARY A. WETTENGEL, JR., 0000 JOHNDAVID W. WILLIS, 0000 JUSTIN R. WYMORE, 0000 BRYAN A. WHATLEY, 0000 MATTHEW B. WILLIS, 0000 PAUL A. YARBROUGH, 0000 SEABORN J. WHATLEY III, 0000 CHRISTOPHER A.D. WILLISTON, 0000 ERIC W. YATES, 0000 MONICA L. WHEATON, 0000 R. BREC WILSHUSEN, 0000 JAMES H. YEAGER, 0000 CATHERINE A. WHEELER, 0000 ALEXANDER M. WILSON, 0000 JOHN P. YEATMAN, 0000 MARK C. WHEELHOUSE, 0000 CLIFFORD A. WILSON, 0000 MARY ANNE C. YIP, 0000 TOBY S. WHELCHEL, 0000 KENNETH R. WILSON, 0000 PATRICIA L. YORK, 0000 CHRISTOPHER G. WHELESS, 0000 TERRY A. WILSON, 0000 JOHN S. YOUNG, 0000 JEFFREY WHETSTONE, 0000 MAJORIE E. WIMMER, 0000 GREGORY J. YUEN, 0000 WILLIAM S. WHIPPLE, 0000 PATRICK J. WINDEY, 0000 ELIZABETH A. ZEIGER, 0000 DAVID G. WHITE III, 0000 TRACY A. WINGERT, 0000 KEVIN M. ZELLER, 0000 ROBIN L. WHITE, 0000 MARYELLEN WINKLER, 0000 KAREN K. ZEPP, 0000 TONY A. WHITESIDE, 0000 TERRENCE E. WINNIE, 0000 KENNETH S. ZEPP, 0000 LUKE D. WHITNEY, 0000 RICHARD S. WISE, 0000 MICHAEL J. ZIGAN, 0000 WILSON W. WICKISER, JR., 0000 TRACY M. WITCHER, 0000 DOUGLAS J. ZIMMER, 0000 WENDY S. WICKWIRE, 0000 MARK E. WITSKEN, 0000 JAMES B. ZIMMERMAN, 0000 ROBERT WILLIAM WIDO, JR., 0000 JEROME E. WIZDA, 0000 MICHAEL J. ZUBER, 0000 ROBIN A. WIEGAND, 0000 JEFFREY S. WOELBLING, 0000 SCOTT A. ZUERLEIN, 0000

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HOUSE RIGHT TO GIVE MIDDLE omy—the bill garnered support from just 27 played for the Cleveland Indians on July 5, CLASS A BREAK Democrats. The Senate on Friday passed a 1947. Now, as we approach the 50th anniver- similar budget bill, but with considerably sary of that momentous day, it is fitting that more bipartisan support. HON. NEWT GINGRICH The 179 Democrats who voted against the we pay tribute to this great civil rights pioneer OF GEORGIA House bill complained that it tilted too and honor his many achievements. IN THE HOUSE OF REPRESENTATIVES heavily in favor of the ‘‘rich’’ (read: the mid- Mr. Doby was born in Camden, SC, on De- Tuesday, July 8, 1997 dle class) and did too little to help the cember 12, 1923. In 1938, he and his mother ‘‘poor’’ (read: those who pay little or no moved to Paterson, NJ, where he immediately Mr. GINGRICH. Mr. Speaker, I would like to taxes). demonstrated his great athletic prowess. At submit into the CONGRESSIONAL RECORD the ‘‘They [Republicans] give tax breaks to Eastside High School, he lettered in no less following editorial, ``House Right to Give Mid- people who don’t need them,’’ charged Rep. than four sportsÐbaseball, basketball, track, Edward Markey (D-Mass). dle Class a Break.'' Appearing in the Atlanta and football. Upon his graduation from high Journal on June 30, 1997, this article cuts We think the middle class needs them, and thus we’re glad that families earning $75,000 school, Mr. Doby enrolled in Long Island Uni- through all the misleading rhetoric surrounding a year or less would get 76 percent of this versity on a basketball scholarship. He later the recently passed House tax-cutting bill. bill’s benefits. The main ones are: transferred to Virginia Union College, but had While providing the first major Federal tax cut $3,000 in tax breaks for the first two years his education interrupted when he was drafted to working Americans in 16 years, this bill will of college, or $10,000 per year in tax deduc- into the Navy in 1943. bestow a full three-quarters of its benefits tions for tuition. The provision, a pet project Mr. Doby began his path to eventual star- upon middle income Americans with incomes of President Clinton, consumes about $30 bil- lion of the overall $85 billion in tax cuts. dom after receiving an honorable discharge under $75,000 per year. from the Navy in 1946, when he joined the I would like to clear up two misconceptions An increase in the amount of income ex- empted from inheritance taxes from $600,000 San Juan Senators in Puerto Rico and played about this bill. First of all, some of my friends to $1 million. While Democrats charge this there for several months. Later in 1946, Mr. on the left have attacked this bill because we provision helps the rich, mostly it benefits Doby joined the Newark Eagles in the Negro chose to give tax relief to taxpayers, rather small-business owners who risk losing a fam- National League as a second baseman. In his than channel the money into additional welfare ily business to an onerous tax liability after first year on the Eagles, Mr. Doby had a .348 spending. The fact of the matter is that the the death of a relative. A cut in the capital gains tax to 20 percent batting average and earned a spot on the poorest working Americans do not pay Federal Negro American League All-Stars team. He income tax, and the payroll taxes that are from 26 percent, and adjusting capital gains to the effects of inflation. This benefits not also led the Eagles to the World Series, where withheld from their paychecks are more than just the wealthy, but a middle class increas- they defeated the Kansas City Monarchs in a fully refunded through the earned income tax ingly invested in 401(k)s and mutual funds, seven-game series. credit. To give an additional $500-per-child tax as well as average home sellers whose During the early part of the 1947, rumors credit to those who pay no taxes is welfare, ‘‘gains’’ are largely the result of inflation. began spreading that Mr. Doby had been cho- plain and simple. Now if my redistributionist A tax credit of $500 per child 17 or younger sen to be the Jackie Robinson of the Amer- friends on the left favor higher welfare spend- for families earning less than $110,000. The credit, benefiting millions of families, would ican League. These rumors became reality on ing, they are welcome to make that argument July 5, 1947, as Bill Veeck of the Cleveland on its own merits, but they should not disguise be $400 next year, rising to $500 thereafter. House Democrats complain not just about Indians officially purchased his contract from additional welfare payments as a tax credit. the capital gains tax cut—which benefits all Effa Manley, the owner of the Newark Eagles. The second false argument made by critics Americans by sparking capital investment Mr. Doby played in the American League for of the bill is that it is a tax giveaway to the and job creation—but also that Republicans a total of 13 seasons. He spent nine of those rich. First of all, my Republican colleagues refused to extend the child care tax credit to with the Indians, three with the Chicago White and I, start from the premise that tax dollars the working poor. Democrats wanted the Sox, and one, his last season, with the Detroit belong first and foremost to those who earned $500-per-child credit to go to those who don’t even have $500 in tax liability, giving the Tigers. His baseball career as a player ended it, not the Government. Thus, the term ``tax on May 7, 1960, due to a torn ligament, frac- giveaway'' can only be accurately used to de- working poor, on top of the Earned Income Tax Credit, one more ‘‘refund’’ on taxes they tured ankle and several other injuries. scribe the redistribution of wealth, whereby the didn’t pay. But that’s not a tax cut; it’s an- Throughout his career, Mr. Doby had amassed Government confiscates money from the one other scheme to seize income from one an astounding record, including a .283 batting who earned it to give it to someone who did American and put it in the pocket of an- average; 253 home runs; 969 runs; and a .983 not earn it. Furthermore, in analyzing who other. fielding average. He also broke down several benefits from this tax bill, the Treasury Depart- To the extent the working poor pay taxes, additional color barriers by becoming the first ment cooked the books to make practically prepare their kids for college and try to save for the future, this bill is a boon to them. African-American to play in the World Series, any taxpaying jobholder rich. For example, in hit a home run in any World Series, and win calculating income, the Treasury Department But in the end, tax cuts should go to people who actually pay taxes. a major league home run title. factored in the potential revenue which could f Despite his many commitments and exten- be generated by renting out one's house. No sive traveling, Mr. Doby managed to find time rational American considers him or herself TRIBUTE TO BASEBALL LEGEND to raise a close-knit family. On August 19, wealthier by such a hypothetical source of ad- AND CIVIL RIGHTS PIONEER, 1946, he married his childhood sweetheart, ditional income. LARRY DOBY Helyn Curvy, also from Paterson. Together, I join the Atlanta Journal in celebrating this they raised five children, six grandchildren, long-overdue tax relief for hard-working Ameri- and four great-grandchildren. cans. HON. BILL PASCRELL, JR. OF NEW JERSEY After his career as a player ended, Mr. [From the Atlanta Journal, June 30, 1997] IN THE HOUSE OF REPRESENTATIVES Doby by no means gave up on his commit- OPINION: HOUSE RIGHT TO GIVE MIDDLE CLASS ment to the sport of baseball. Instead, he en- A BREAK Tuesday, July 8, 1997 tered the second phase of his career, as a The House has passed a budget bill that Mr. PASCRELL. Mr. Speaker, I would like to manager. In 1971, he became a full-time bat- would eliminate deficits by 2002, offer college call your attention to Mr. Lawrence Eugene ting coach for the Montreal Expos. He would scholarships to thousands of students and, Doby of Montclair, NJ, the first African-Amer- later serve as coach for the Cleveland Indians; for the first time in 16 years, give a signifi- cant tax break to an overburdened middle ican to play baseball in the American League. manager of Zulia, a team in Maracaibo, Ven- class. Mr. Doby was a leader in breaking down the ezuela; and serve in a number of other scout- And though it does all those remarkable color barriers both in baseball, and outside the ing and coaching positions in the Major things—helped by a hard-charging econ- stadium walls in our society. Mr. Doby first League. He became manager of the Chicago

∑ 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. E1366 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 White Sox in 1978, becoming only the second day of Ms. Gwendolyn Brooks, Poet Laureate 10,001st participant, Brian Blake from Con- African-American manager in Major League of Illinois. Poet Laureate of Illinois; a commu- necticut. (Applause in the entire House) history. nicator with the world, a song to be sung, a The Congress-Bundestag Youth Exchange Mr. Doby was inducted into the Hall of lesson to be learned, a life to be lived. Program, which was inaugurated in 1983 by the U.S. Congress and the German Bundes- Fame of the Cleveland Indians and Chicago Gwendolyn Brooks, a master of using the tag, contributes with its special emphasis on White Sox in 1987. He also received recogni- written word, is the author of more than 20 young people to strengthening the close rela- tion from the State of New Jersey, as the books. The highly acclaimed ``A Street in tionship between our two countries in the fu- State legislature declared July 15, 1987, Bronzeville'' was the first, published in 1945. ture—our common future. ``Larry Doby Day,'' and Mr. Doby was pre- For three decades, her works were published We all know that both countries, the Unit- sented with the Governor's Award. In addition, by Harper & Row. However, for economic rea- ed States of America and the Federal Repub- Baseball Commissioner Peter Ueberroth ap- sons, she switched to the black-owned Broad- lic of Germany, face major challenges. There pointed Mr. Doby to serve on a special com- side Press in 1969 and in 1974, to the Third are substantial budgetary problems in both mittee to help find ways to further integrate World Press. countries. However, I would like to take this special opportunity to appeal to our col- Major League baseball. Gwendolyn Brooks was named Poet Laure- leagues in the U.S. Congress and to the Mem- Despite his great accomplishment, Mr. Doby ate in 1968 and has continued to be relevant, bers of this House to definitely continue this has remained modest and endearing, a true fresh, and vibrant for all of these years. There- program on the present scale. (Lively ap- gentleman. Mr. Doby always give thanks to fore, our hats are off to a great American, a plause in the entire House) God for giving him the talent to help integrate profound and prolific writer, a great humani- I would also like to take this opportunity baseball and American society, to Mr. Veeck tarianÐMs. Gwendolyn Brooks, Poet Laureate to thank my colleagues in the Bundestag for giving him the opportunity to use that tal- of Illinois. very warmly for their willingness to sponsor German and American participants year ent, and to his wife. Helyn, for holding to- f gether their family while he was away. after year. Mr. Speaker, I ask that you join me, our col- PARTICIPANTS IN CONGRESS-BUN- I hope that the participants will have a DESTAG YOUTH EXCHANGE PRO- good time tomorrow. May you retain many leagues, Mr. Doby's family and friends, the pleasant memories of this exchange year in Township of Montclair and the city of Paterson GRAM EXCEED 10,000 Germany, which is soon coming to an end: in recognizing Lawrence Eugene Doby for his may it inspire you to make the good rela- outstanding and invaluable service to the com- HON. LEE H. HAMILTON tionship between our two countries your per- munity, to baseball, and to America. sonal concern. Welcome! (Applause in the en- OF INDIANA f tire House) IN THE HOUSE OF REPRESENTATIVES

TRIBUTE TO PAUL DEMOURA Tuesday, July 8, 1997 f Mr. HAMILTON. Mr. Speaker, I would like to HON. PETER J. VISCLOSKY bring to the attention of our colleagues an ex- A PROMISE KEPT OF INDIANA cerpt from the May 15, 1997 record of the IN THE HOUSE OF REPRESENTATIVES German Bundestag. Vice-President Hans- HON. DOUG BEREUTER Tuesday, July 8, 1997 Ulrich Klose of the Bundestag interrupted pro- OF NEBRASKA ceedings on that day to acknowledge the IN THE HOUSE OF REPRESENTATIVES Mr. VISCLOSKY. Mr. Speaker, it is my presence in the visitors' gallery of American pleasure to recognize Mr. Paul DeMoura of participants in the Congress-Bundestag Youth Tuesday, July 8, 1997 Swan Sea, MA, who is one of the top collec- Exchange Program, and noted that the num- Mr. BEREUTER. Mr. Speaker, this Member tors of hats and caps in the United States. ber of participants in this youth exchange pro- highly commends to his colleagues this edi- Paul has collected hundreds of hats and gram has now exceeded 10,000. torial which appeared in the Norfolk Daily caps from all over the United States and the The Congress and the German Bundestag News on July 5, 1997. world. initiated this program in 1983 to strengthen Paul's father, Mr. Raymond DeMoura, ties between young people in our two coun- A PROMISE KEPT—HONG KONG REVERTS TO served in Company ``B'' of the 78th Medical CHINA; REASON FOR PRIDE IN WHAT HAS tries, and I believe it is playing an important BEEN ACHIEVED Battalion during World War II. The 78th Medi- role in building strong United States-Germany cal Battalion acquired the reputation for excel- Hong Kong residents have been promised a relations for the future. The text of the Bun- capitalist economy and a relatively free soci- lence in its assistance and treatment of the destag transcript follows: wounded during World War II. Members of the ety for at least 50 years. People now alive will be able to see whether the government 78th Battalion proudly recount that not one life GERMAN BUNDESTAG—13TH ELECTORAL of China, which continues to be governed by was lost while tending to the injured and evac- TERM—175TH SITTING BONN, THURSDAY, MAY 15, 1997, EXCERPT FROM THE STENO- Communists, keeps its word as the British uating them from the front lines. GRAPHIC RECORD, FULL PLENARY SESSION did in turning back this rich, small and inde- The men of Company ``B'' are the primary (APPROX. 670 MEMBERS PRESENT) pendent enclave after their 99-year lease ex- source of Paul's hat and cap collection. A very Vice-President Hans-Ulrich Klose: I now pired June 30. religious individual, Paul says a prayer for close the debate. A contract was honored; no gunfire ex- each of the men who presents him with a new Before we proceed to the vote may I ask changed. hat or cap. for your attention for a moment. Three That has not been the way of international Mr. Speaker, I ask you and my other distin- young Americans are sitting in the distin- relations; rather, it is an exception. guished colleagues to join me in paying tribute guished visitors’ gallery. They belong to the In farewell remarks, the last British gov- to Mr. Paul DeMoura for his status as one of group of 400 American students and young ernor of the territory, Chris Patten, said of Hong Kong: ‘‘It is a great Chinese success the top hat and cap collectors in the United professionals who have spent a year in Ger- many as participants in the Congress-Bun- story written—to be fair—within a system of States. I wish Paul and his parents, Raymond destag Youth Exchange Program. (Applause values and British institutions which have and Evelyn DeMoura, all the best the future in the entire House) encouraged, not threatened, that success.’’ can bring. Why am I mentioning this today by way of It is an example of what can be achieved f exception? I am mentioning it, my dear Col- when industrious people are free to profit leagues, because with this group the number from their hard work and enterprise, and TRIBUTE TO GWENDOLYN BROOKS of participants has reached and exceeded able to live their lives without an oppressive 10,000. (Sustained applause in the entire government. House) Britishers should be proud of what they ac- HON. DANNY K. DAVIS I should like to welcome, on behalf of all complished as they relinquish control of this OF ILLINOIS this year’s participants in the Congress-Bun- remnant of a once huge empire. IN THE HOUSE OF REPRESENTATIVES destag Youth Exchange Program, the 9,999th The future benefits to mankind might turn Tuesday, July 8, 1997 participant, Kristina Bass from California, out to be as significant as those which fol- (Applause in the entire House) the 10,000th lowed the grim days when they stood vir- Mr. DAVIS of Illinois. Mr. Speaker, I take participant, Nicole Myers from Pennsylva- tually alone against Adolf Hitler’s aggres- this opportunity to acknowledge the 80th birth- nia, (Applause in the entire House) and the sion. July 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1367 DISAPPROVAL OF MOST-FAVORED- lieve in freedom and democracy for people all Council for the Jewish Disabled, but she also NATION TREATMENT FOR CHINA over the world. serves as vice-president for education of Con- f gregation Adas Israel, chair of the Jewish SPEECH OF Family Services Advisory Council, director of HON. LOUIS STOKES TRIBUTE TO MARK S. LEVENSON the Hand-In-Hand charitable organization, and OF OHIO as trustee of the Federation. Mark and Eta are IN THE HOUSE OF REPRESENTATIVES HON. BILL PASCRELL, JR. the proud parents of Eric, Hadassa, and Jes- OF NEW JERSEY sica. Tuesday, June 24, 1997 IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask that you join me, our col- Mr. STOKES. Mr. Speaker, I rise today to Tuesday, July 8, 1997 leagues, Mark's family and friends, and the express my strong support for House Joint congregation of Adas Israel in recognizing Resolution 79, a bill to disapprove most-fa- Mr. PASCRELL. Mr. Speaker, I would like to Mark S. Levenson's outstanding and invalu- vored-nation [MFN] trade status for China. call to your attention Mark S. Levenson of Clif- able service to the community. House Joint Resolution 79 is targeted to send ton, NJ. f a strong message to the Chinese Government Mark was born and raised in Boston, MA that continues suppression of human rights, and graduated from Maimonides Day School. A TRIBUTE TO DONALD ‘‘CY’’ flaunting of international agreements on nu- He is a cum laude graduate of Brandeis Uni- WALSH ON 50 YEARS OF SERVICE clear nonproliferation, and engaging in unfair versity where he majored in economics and TO VOLUNTEER FIREFIGHTING trade practices cannot be tolerated, ignored, political science and was a recipient of the IN RIVERHEAD or rewarded. William Mazur Scholarship. During and after Denying most-favored-nation status for college, Mark worked in Washington, DC, HON. MICHAEL P. FORBES China is a reasonable response to the con- completing a tenure with Congressman Robert OF NEW YORK tinuing controversy over trade and human F. Drinan; the late Speaker of the House, IN THE HOUSE OF REPRESENTATIVES Thomas P. ``Tip'' O'Neill, Jr.; Senator EDWARD rights policy with regard to China. It is abso- Tuesday, July 8, 1997 lutely imperative that the House of Represent- M. KENNEDY's Energy subcommittee of the atives and the United States Government not Joint Economic Committee; and the Urban In- Mr. FORBES. Mr. Speaker, I rise today to reward the Chinese regime which brutally stitute think tank. pay tribute to one of the heroes of our Long massacred pro-democracy demonstrators in Mark received his J.D. from New York Uni- Island community. Donald ``Cy'' Walsh has Tiananmen Square. Granting most-favored-na- versity School of Law in 1982 where he served the Riverhead Fire Department with 50 tion status for all Chinese products rewards served as research editor on the ``Annual Sur- years of devotion and selflessness on behalf the Chinese regime for its intransigence on vey of American Law.'' He has been a practic- of his neighbors. This small-town hero and human rights, and its refusal to engage in fair ing attorney in New York for the last 15 years, World War II veteran has volunteered his time, trade. specializing in domestic and international real energy, and leadership to the Riverhead, and Mr. Speaker, despite the arguments of estate transactions and corporate advisory community service has been the recurring those who support unfettered trade with matters. Mark has worked on major projects in theme of his life. He will be honored for that China, the fact remains that trade and human the United Kingdom, India, the Czech Repub- lifetime of service by the Riverhead Volunteer rights are inextricably linked. A nation that lic, Canada, Australia, Latin America, and Firemen's Association on July 8, 1997. suppresses its citizens' human rights also sup- throughout the United States. He is currently a Cy Walsh joined the Riverhead Fire Depart- presses their wages. This, in turn, leads to an partner with the firm of Kronish, Lieb, Weiner ment in 1947, where he started as a volunteer unnatural advantage in trade, which adversely and Hellman, L.L.P. in New York City and is member of Fire Police Patrol #1. His hard impacts American businesses and workers, a member of the board of directors of the New work, dedication, and perseverance in re- and causes the loss of American jobs. York Chapter of the National Association of sponse to midnight calls and harrowing blazes In fact, the United States receives more Corporate Real Estate Executives and the were rewarded in 1953, when he was elected than 30 percent of China's exports, accounting American Bar Association's Real Estate, Pro- as the captain of his patrol. By 1955, ``Cy'' for a significant portion of the Chinese GDP. bate and Trust Law Section's Environmental Walsh was quickly moving up the ladder of the While on the other hand, less than 2 percent Aspects of Corporation Subcommittee. Riverhead Fire Department having been elect- of American exports go to China. China's ex- Mark is the honorary president of Congrega- ed by his peers as third, second, and first as- tensive use of prison and child labor over the tion Adas Israel Synagogue having served as sistant chief. In 1962, Cy's many years of past decade has resulted in a staggering president for the previous 3 years. He is re- committed volunteerism culminated with his 1,000 percent increase in the China-United cording secretary of the Jewish Federation of election to chief of the Riverhead Fire Depart- States trade deficit. This imbalance is pro- Greater Clifton-Passaic and is a member of ment. jected to top $40 billion this year. the executive committee; he chairs the Fed- An outstanding fire chief, Cy's work on be- The United States trade deficit with China is eration's young leadership development pro- half of Riverhead and the firefighters of Suffolk second only to our trade deficit with Japan. gram and serves on the YM±YWHA Program County was far from complete. He served as Yet, despite the freedom we grant to Chinese Services Committee. Mark also is a member sergeant-at-arms of the Riverhead Fireman's imports to the United States, China does not of the executive committee of the New York Association for 5 years and has been chaplain grant most-favored-nation status to United Regional Board of the Anti-Defamation since 1970. He also served on the Southamp- States goods, and continues to bar certain League. He was a recipient of the 1994 Young ton-East Hampton-Shelter Island Chief Coun- United States goods from the Chinese market. Leadership Award of the Federation and has cil, including a year as president in 1970, and For those who advocate free trade, it seems received several other awards for his chari- as president of the Suffolk County Volunteer rather illogical and inconsistent to grant free table and volunteer work. Firemen's Association. Cy reached out from access to our market to a country which de- Mark has always been involved in giving Long Island's east end and lent his vision and nies free access to their market for our goods. back to the community. Prior to moving to the enthusiasm to the people of New York State, Most-favored-nation status is perhaps the Passaic-Clifton area, Mark served as treasurer serving with the New York State Firemen's As- most effective tool for influencing the Chinese and then vice-president of the Young Israel of sociation, and as the chairman of the Fire Po- Government to improve their record on human the West Side, New York, as co-chair of the lice Committee. His many positions of leader- rights. If the United States continues to grant UJA-Federation of Jewish Philanthropies of ship in the firefighting community are a sign of most-favored-nation status to Chinese goods, New York, Young Lawyer's Division, and as the high esteem that Cy's peers hold him in. without requiring improvements in human founding chair of the UJA Lawyer's Division At the age of 85, Cy is still serving the town rights, there is no incentive for the Chinese re- Specialty Task Force Subcommittee on Cor- of Riverhead, as chaplain of the North Fork gime to alter their policies. porations. He was also a member of the UJA Volunteer Firemen's Association and as one of Mr. Speaker, I strongly urge all of my col- Lawyer's Division Steering Committee. the chaplains of the Riverhead Volunteer Fire- leagues to insist that the United States stand Mark is a pro bono arbitrator in the New men's Association. As his 50-year volunteer up for the principles of human rights, and for York City Civil Court System and serves on career shows, Cy Walsh epitomizes the ideals the freedom of the Chinese people. Vote for the U.S. District Court, Southern District of of service and leadership that America was House Joint Resolution 79 and send a clear, New York, Mediation Panel. He is married to built on. He has touched many lives in the unmistakable message to the dictators in Eta Krasna Levenson. Professionally, Eta is past 50 yearsÐin meeting rooms and Beijing, and your consistuents, that you be- assistant director of Yachad/The National firehouses and in the shops and restaurants of E1368 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 his hometown. His wife Kay, along with his 4 achievements of Dennis Martin. We are grate- Since 1961, Frank Marella has been a famil- children 16 grandchildren, and 5 great grand- ful for his remarkable stewardship of the Inyo iar and friendly face at Macomb County Juve- children are also proud of Cy Walsh, as are National Forest and wish him the very best in nile Court. As a friend and former coworker of his fellow firefighters and community mem- the years to come. Frank's, I can attest to his strong sense of car- bers. f ing and compassion. For many years I have Therefore, I ask my colleagues in the U.S. appreciated the great friendship and support House of Representatives to join me in salut- CONGRATULATIONS TO RT. REV. that Frank has given to my family. Frank was ing Donald ``Cy'' Walsh on the occasion of his MOUSHEGH MARDIROSSIAN the first person I met when I began working at 50th anniversary of service to the Riverhead Juvenile Court. I was amazed by his strong Fire Department. Congratulations, Cy. HON. GEORGE P. RADANOVICH commitment to preventing crime and creating f OF CALIFORNIA a safer community. IN THE HOUSE OF REPRESENTATIVES Throughout the years, Frank's vision and TRIBUTE TO JAMES E. WHITE Tuesday, July 8, 1997 dedication has resulted in numerous innova- Mr. RADANOVICH. Mr. Speaker, I rise tive programs designed to help children and HON. THOMAS W. EWING today to congratulate Rt. Rev. Moushegh their families. As program director, Frank real- OF ILLINOIS Mardirossian for his elevation to the rank of ized the strong need for community support IN THE HOUSE OF REPRESENTATIVES bishop in the Armenian Apostolic Church. groups to support strong families, drug-free Tuesday, July 8, 1997 Right Reverend Mardirossian's inspiration and and crime-free lifestyles. Over a span of 37 years, Frank has implemented programs such Mr. EWING. Mr. Speaker, I rise today in leadership is held with the greatest respect. On June 22, 1997, Right Reverend as the Big Brother program, Family Skills De- honor of Mr. James E. White, Rural Housing Mardirossian was elevated to the rank of bish- velopment, Juvenile Employment Education, Specialist of the USDA, Rural Development. op after a Pontifical High Mass in Antelias, Substance Abuse Education, Systematic Mr. White retired on May 31, 1997, after a dis- Lebanon, at the St. Gregory the Illuminator Training for Effective Parenting, and the Com- tinguished 26-year career. munity Restitution program. Frank's programs He began his Federal career with Farmers Cathedral. This Episcopal ordination by the Catholicos came as a result of an official re- have encouraged parents and the community Home Administration in 1971 as an assistant to take an active role in improving the welfare county supervisor in Lincoln, IL. He was pro- quest presented by the Prelacy's National Representative Assembly, and the joint ses- of our youth. moted to county supervisor in Golconda/Me- Macomb County has been lucky to have a tropolis in 1975. His final career move was to sion of the Religious and Central Executive Councils of the Western Prelacy of the Arme- leader like Frank Marella. Few people give to Rural Housing Specialist in the Illinois State their community with the same time and en- Office in 1976. Mr. White remained in that po- nian Apostolic Church. Right Reverend Mardirossian was born in ergy that Frank has given to his. Frank's suc- sition until his retirement. Beirut, Lebanon. He completed his elementary cessful programs have touched the lives of Mr. Speaker, today, I would like to bring the education in Noubarian Armenian School in many people. On behalf of the citizens of achievements of James White to the attention October 1969. He immediately entered the Ar- Macomb County, I would like to thank Frank of my colleagues in the House, and ask that menian Seminary of the Great House of for all of his hard work and dedication. they join me in expressing our appreciation Cilicia, in Antelias. As a graduate of the f and congratulations to Mr. White for his tre- Antelias Seminary, Right Reverend mendous service to the people of Illinois. TRIBUTE TO JOHN PETROLL, Mardirossian was ordained into celibate priest- f DEPUTY MAYOR OF WEST ORANGE hood in June 1976. Since that time, he has A TRIBUTE TO DENNIS MARTIN served in various capacities in both Lebanon and California. HON. BILL PASCRELL, JR. Right Reverend Mardirossian has functioned OF NEW JERSEY HON. JERRY LEWIS as vicar general and on November 17, 1995, IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA the Joint Session of the Religious and Execu- Tuesday, July 8, 1997 IN THE HOUSE OF REPRESENTATIVES tive Councils of the Western Prelacy of the Ar- Mr. PASCRELL. Mr. Speaker, I would like to Tuesday, July 8, 1997 menian Apostolic Church of America unani- call to your attention John Petroll, deputy Mr. LEWIS of California. Mr. Speaker, I mously elected him Locum Tenens of the mayor of West Orange, NJ. would like to bring to your attention the fine Prelacy. He has been a member of the na- John has dutifully served the township of work and outstanding public service of Dennis tional representative assembly and member West Orange for decades. He began his serv- Martin who is retiring as supervisor of the Inyo and chairperson of the religious council. Prior ice to the township of West Orange as a po- National Forest after a long and dedicated ca- to his election as a prelate in May 1996, Right lice officer and always was conscious of giving reer in forest management. Dennis will be rec- Reverend Mardirossian was the pastor of the back to the community. He was a special po- ognized for his many contributions at a retire- Forty Martyrs Armenian Apostolic Church in lice officer at Rock Spring Country Club and at ment dinner in his honor on July 12. Orange County, CA. Midlantic Bank, and has served as president Mr. Speaker, it is with great honor that I Dennis Martin was born in 1939 in the small of New Jersey Special Police Association. congratulate Rt. Rev. Moushegh Mardirossian mining town of Cornucopia, OR. He began his John has been the deputy mayor of West Or- for his elevation to the rank of bishop. His forest work at the age of 18 with the Wallowa- ange for the past 19 years, celebrating his character and wisdom are symbolic of his out- Whitman Forest in Washington State. Two 20th year at townhall this month. At 87 years standing service as a religious leader and years later, he began working as a smoke of age, he walks to and from work every day, human being. I ask my colleagues to join me jumper in the North Cascades in Washington. arriving as early as 6 a.m., to begin working in wishing Rt. Rev. Moushegh Mardirossian Following a 2-year stint in the Army and a for the citizens of West Orange. John sorts continued happiness and inspirational religious year working for a private timber company, through the mail, organizes schedules and leadership. Dennis returned to the Wallowa-Whitman For- gets the offices ready for the late-comers. est to begin his permanent career. f John, together with the clerks in the admin- Over the years, Dennis has worked in a va- TRIBUTE TO FRANCIS J. MARELLA istration office, put together the ``West Orange riety of capacities in forest management in Or- Outlook,'' a monthly informational packet out- egon, Washington, Idaho, and California. After HON. DAVID E. BONIOR lining special activities and events. The town- 1 2 a 3 ¤ year stint as deputy forest supervisor of OF MICHIGAN ship's recycling center relies on John to field the Boise National Forest in Idaho, Dennis be- IN THE HOUSE OF REPRESENTATIVES telephone calls from residents with questions came forest supervisor of the Inyo Forest in and problems, and municipal officials depend 1986. Dennis has also done critical collabo- Tuesday, July 8, 1997 on him to arrange special weekend meetings. rative work in forest management and has Mr. BONIOR. Mr. Speaker, today I would His favorite duty by his own admission is com- achieved great success through recognizing like to congratulate my friend, Mr. Francis J. munity advertisingÐmaintaining the announce- the value of partnerships in resolving impor- Marella, upon his retirement from the Macomb ment sign in front of the township hall. John is tant land use issues. County Probate Court on May 30, 1997. His also the township's resident historian. Mr. Speaker, I ask that you join me and our colleagues will honor him with a dinner party According to Murray Palent, council presi- colleagues in recognizing the many fine at Fern Hill on July 9, 1997. dent of the West Orange Town Council, ``John July 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1369 is a permanent fixture in West Orange'' and a few moments to recognize these young farmland by eliminating estate taxes on a farm ``is always there when you need him, always women from my district, each of whom has which has a covenant ensuring that the land willing to lend anyone a hand.'' West Orange exhibited great dedication, outstanding team- will remain a farm. By eliminating the estate Mayor Sam Spina has stated that John, ``is a work, and extraordinary perseverance. tax on farms, families can be rest assured that loyal, dedicated, trustworthy friend, someone In 1996, the Yorktown Cornhuskers won the their life's work will not be abandoned once this entire town can count on. He takes care NYSPHSAA girls lacrosse competition in Divi- the farm is left to a family member who will of so much for us, and we are very lucky to sion B. Over the past year, increasing student continue the farming tradition. Further, this bill have him.'' His generosity to people, organiza- enrollment at Yorktown High School placed waives all capital gains taxes on the sale of a tions, and causes is well known, as well. the girls lacrosse team in Division A. farm which will be used only as farmland. This Throughout the years, John has been a Mr. Speaker, any sports fan would be in- provision provides a real incentive for people good friend of Mr. and Mrs. Thomas Alva Edi- spired by the manner in which the Yorktown who must sell their farm to ensure that it re- son, Charles Edison, and former Governor High School girls lacrosse team responded to mains in agricultural production in the future. Brendan Byrne. John has two children, John their placement in the highly competitive Divi- Mr. Speaker, in order to preserve our pre- and Robert, three grandchildren, Karen, Bryan sion A. The Cornhuskers found themselves cious farmland, we need to end the tax prac- and Kevin, and four great-grandchildren. competing against teams representing schools tices which destroy them. We must also pro- Mr. Speaker, I ask that you join me, our col- with student bodies as much as four times vide incentives for people to keep farmland leagues, John's family and friends, and the larger than Yorktown's. In spite of the odds, undeveloped. The Farm Preservation Act ac- township of West Orange in recognizing John the Yorktown High School girls lacrosse team complishes these important goals. As we con- Petroll's outstanding and invaluable service to played a remarkable season, decisively win- sider another tax relief bill in 1998, I urge the community of West Orange. ning the NYSPHSAA Division A championship. Members to join me in protecting our Nation's f In doing so, the Yorktown Cornhuskers be- farmland and provide real opportunities to came the first girls' lacrosse team in the State keep family farmers in business. CARDOZO SENIOR HIGH SCHOOL’S of New York to first win a championship in one f CONSTITUTIONAL SCHOLARS division and then win in a higher division the immediate following year. WHY I SUPPORT NORMAL TRADE HON. ELEANOR HOLMES NORTON Mr. Speaker, I wish to congratulate each of RELATIONS FOR CHINA these motivated young women, as well as OF THE DISTRICT OF COLUMBIA their parents and coaches, for the Yorktown IN THE HOUSE OF REPRESENTATIVES HON. LEE H. HAMILTON Cornhuskers' repeated success. High school OF INDIANA Tuesday, July 8, 1997 varsity athletes are expected to commit a IN THE HOUSE OF REPRESENTATIVES Ms. NORTON. Mr. Speaker, students from great deal of time to their sport. For the mem- Tuesday, July 8, 1997 Cardozo Senior High School gave an out- bers of the Yorktown High School girls la- crosse team initiative and hard work are the Mr. HAMILTON. Mr. Speaker, I would like to standing performance in the national finals bring to my colleagues' attention my monthly competition ``We the People . . . The Citizens norm. However, the coaches and parents of these newsletter on foreign affairs from June 1997 and the Constitution National Academic Pro- entitled ``Why I Support Normal Trade Rela- gram'' which is administered by the Center for young women also deserve recognition, be- cause without their devotion, these young tions for China.'' Civic Education. I ask that this newsletter be printed in the These talented young students competed women would have had trouble reaching the goals that they have. So by supporting their CONGRESSIONAL RECORD. against 50 other classes from throughout the The newsletter follows: Nation and demonstrated a working knowl- children, the parents of these young women have profoundly nurtured their daughters' am- WHY I SUPPORT NORMAL TRADE RELATIONS edge of the fundamental ideas and values of FOR CHINA the American constitutional government. The bitions. And certainly no less significant than their parents' guidance, a sound coach who Earlier this month, the House of Rep- national finals competition simulated a con- resentatives voted to extend normal trade gressional hearing where students testified as positively motivates the members of a teamÐ relations, known as ‘‘most favored nation’’ constitutional experts before a panel of judges. such as their's surely does, by constantly (MFN) status, for China for another year. I want to encourage these promising pushing them to fulfill their potential, also The MFN debate was hotly contested. Oppo- Cardozo Senior High School constitutional played a significant role in their success. nents argued that China’s record on human scholars Davida Baldwin, Ta Hoang, Andrea Mr. Speaker, I ask all my colleagues to join rights, trade, proliferation and other issues Jones. Thomas Richardson, Suleimon Shifaw, me in paying tribute to the young women of did not justify extending normal trade rela- the Yorktown High School girls lacrosse team. tions. I disagree. Engagement—including Tiffany Simms, Antoinette Stephenson, Zerai normal trade relations—is the best means to Kifle, Quana Teleferro, Levi Ruffin, Veronica Their hard work, commitment, and teamwork should serve as a model for us all. I congratu- bring China into the international commu- Nguyen, and Toan Vu. I want to also salute nity and to achieve U.S. political, economic Mr. Bruce Pendleton for utilizing strong learn- late the Cornhuskers for their hard-fought and and security objectives. ing patterns in teaching American Govern- well-deserved victory, and I wish them contin- China matters. China is the world’s most ment. ued success in all their future seasons. populous country, with the largest army and I ask that this body join me in congratulating f one of the largest economies. Its actions di- rectly affect peace and stability throughout these young people, Mr. Bruce Pendleton, and PRESERVE OUR NATION’S East and Southeast Asia. As a permanent the District of Columbia Coordinator, Sharon FARMLAND member of the UN Security Council, China Yohannes-Bocar on this worthy accomplish- has a say in many decisions affecting U.S. ment. HON. JOSEPH R. PITTS interests. How China evolves will profoundly f affect our economic, political and security OF PENNSYLVANIA interests. If China becomes a threat, the U.S. IN RECOGNITION OF THE YORK- IN THE HOUSE OF REPRESENTATIVES defense budget will go up, tensions in Asia TOWN HIGH SCHOOL GIRLS LA- Tuesday, July 8, 1997 will rise, and Asia’s prosperity will be at CROSSE TEAM—NEW YORK Mr. PITTS. Mr. Speaker, the family farms of risk. If we keep U.S.-China relations on STATE’S 1997 STATE CHAMPIONS track, peace and security in Asia will be Lancaster and Chester Counties are national strengthened, prospects for human rights treasures. Sadly, pristine farmland which has will be enhanced, and Asia’s remarkable eco- HON. SUE W. KELLY been operated by families in the 16th District nomic growth will continue. OF NEW YORK of Pennsylvania for generations is at risk due A policy of engagement. By extending nor- IN THE HOUSE OF REPRESENTATIVES to the Federal estate tax. Many family farms in mal trade relations for another year, the southeast Pennsylvania and across this Na- House chose a policy of engagement over a Tuesday, July 8, 1997 tional are sold in an effort to pay off huge es- policy of isolation. I agree. Engagement has Mrs. KELLY. Mr. Speaker, for the second tates taxes, and others are sold to developers been the policy of every President, Demo- cratic and Republican, for twenty-five years. year in a row, the members of Yorktown High in fear of the impending estate tax. Thanks to Engagement is not appeasement. It does not School's girls lacrosse team have won the excessive taxation, our Nation's farms are mean ignoring our differences with China. It New York State Public High School Athletic slowly being eliminated. means actively engaging China to resolve Association's [NYSPHSAA] girls lacrosse That is why I am introducing the Farm Pres- our differences. It means hard bargaining in State championship, and I would like to take ervation Act today. This bill will protect our pursuit of American objectives. E1370 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 Engagement works. It has produced re- port 170,000 high-paying U.S. jobs. It would pares to an increase of 26 percent for all US sults, such as Chinese adherence to the Non- raise prices here on low-cost imports. It firms over the same period. Proliferation Treaty, the Comprehensive would deny us access to China’s huge mar- On the social front, there is a broader ac- Test Ban Treaty, and the Chemical Weapons ket. ceptance in both the black and white com- Convention. Because of engagement, China Conclusion. The United States could not munities of interracial marriage and inter- helped persuade North Korea to sign the pact isolate China even if we wanted to—China is racial adoption. freezing that country’s nuclear weapons pro- too big, and too important. We can disengage Are we as a nation where we ought to be gram. China’s cooperation in the UN Secu- from China, but no one would follow us and regarding racial justice and reconciliation? rity Council helped create the coalition that we would only hurt our interests. If we treat Obviously not; ergo the necessity of the na- defeated Iraq in the Gulf War. China as an enemy, it will become one. En- tional dialogue. But having acknowledged Engagement with China has changed the gagement offers a proven record of moving that, the past 30 years provide a demonstra- lives of hundreds of millions of Chinese for China toward international norms, and a tion of what can be accomplished if there is the better. The exchange of goods, ideas, and better prospect for achieving U.S. objectives a will. people has brought increased openness, so- than a policy of isolation. The other reason that hope ought to be the cial mobility, and personal opportunities for first word in this national dialogue on race f the Chinese people. relations is the flip side of the first. The Because we are engaged with China, we can CHARLES STITH DISCUSSES progress achieved over the past 30 years was use our trade laws to attack Chinese trade RACIAL PROGRESS possible because people believed that we barriers and to help American firms export should not live as a ‘‘house divided against to China. Because we are engaged with itself’’ and that we could do something indi- China, we can work together to combat ter- HON. BARNEY FRANK vidually and societally to make a difference. rorism, alien smuggling, and illegal narcot- OF MASSACHUSETTS If we are to finish the unfinished business of ics. China also cooperates on environmental IN THE HOUSE OF REPRESENTATIVES racial reconciliation in this country, then and public health issues—matters with a di- people have to believe that things can rect impact on our well-being. Tuesday, July 8, 1997 change. The reason is simple: unless people Key issues. Engagement has not solved all Mr. FRANK of Massachusetts. Mr. Speaker, believe that there is a way, there is no will. problems. We still have many concerns about people often call for dialog on difficult issues, Those on the left must go beyond bashing Chinese behavior. China continues to fall far Clinton for what they see as his inadequacies short on human rights, for example. China but rarely engage in it beyond talking about of perspective and policy. We must stop con- today remains an oppressive society. Politi- what a nice idea it would be if we had some. tributing to the cynicism that grips the na- cal expression is limited, and the rights of In the June 29 issue of the Boston Globe, tion. If we don’t, then just as we lost politi- the individual are subordinated to the inter- Charles R. Stith of Boston, President of the cal power at the national level in ’92, we will ests of the state—as defined by a self-se- Organization for a New Equality made a genu- also lose our moral authority to challenge lected party elite. inely useful contribution to the dialog on race the nation to pursue the high ground of ra- But China is light years ahead of where it cial justice and racial reconciliation. If we was 25 years ago. Personal freedoms for the that we should be having. I have known Charles Stith for many years and I am an ad- are not in the vanguard of trying to lead this average Chinese—choice of employment, nation to believing again that the quest to place of residence, freedom of movement— mirer of the work he has done on many fronts bring people together across color, class, and are greater than ever before. The lesson of to further the cause of racial justiceÐand in- community lines is worthwhile, then who China since President Nixon’s visit in 1972— deed social justice for all peopleÐin greater will? and the lessons of South Korea, Taiwan, and Boston and in America. I believe his short We might do well to reflect on Martin Lu- other former dictatorships that are now de- essay is a wise and useful contribution to the ther King Jr.’s essay ‘‘A Testament of mocracies—is that U.S. engagement is the national conversation and given the impor- Hope:’’ best way to promote human rights. ‘‘I am an optimist,’’ he wrote, because The $38 billion U.S. trade deficit with tance of this topic and his credentials to speak out on it, I ask that it be printed here. while ‘‘it is possible for me to falter, I am China is another source of tension. Yet re- profoundly secure in my knowledge that God voking normal trading status will not sig- President Clinton has challenged Ameri- loves us; he has not worked out a design for nificantly reduce this deficit or bring back cans to resume our efforts on racial rec- our failure. Man has the capacity to do right lost jobs. Other countries that, like China, onciliation and plans to lead us in a national as well as wrong, and his history is a path can produce labor-intensive goods more dialogue toward that end. After listening to upward, not downward. The past is strewn cheaply than we can will simply pick up the the pundits, pontificators, and prognos- with the ruins of empires of tyranny, and slack. The best way to reduce the trade defi- ticators muse about the virtues and failings each is a monument not merely to man’s cit is not to revoke MFN—which might even of the president’s effort, I will add my view blunders but to his capacity to overcome increase the deficit—but to bring China into to the discussion. It can be summarized in them.’’ the World Trade Organization, so that we one word—hope. can reduce Chinese trade barriers and help There is cause for hope when it comes to f racial justice and racial reconciliation in American exporters compete on a level play- TRIBUTE TO LINDA ANN ALIMI ing field. this country. The naysayers are not credible On non-proliferation, China has moved in arbiters of history. If the past 30 years mean the right direction. Despite this progress, I anything, they are a testament to the possi- HON. BILL PASCRELL, JR. remain concerned about Chinese transfers of bility of change. OF NEW JERSEY missile and chemical weapons technology I am of that generation of African-Ameri- IN THE HOUSE OF REPRESENTATIVES and advanced conventional weapons to Iran, cans born on the cusp of discriminatory about Chinese nuclear cooperation with Iran laws, customs, and change. I remember inte- Tuesday, July 8, 1997 and Pakistan, and about Chinese missile grating the Fox movie theater during my ad- Mr. PASCRELL. Mr. Speaker, I would like to sales to Pakistan. But, as the recent record olescent years in St. Louis. I remember my shows, we are more likely to persuade China brother and me getting dressed on that fate- call to your attention Linda Ann Alimi of West to accept international norms if we engage ful day in our ‘‘Sunday-go-to-meeting Essex, NJ. China than if we isolate it. clothes’’ and being admonished by our moth- Linda received her bachelor of science from Revoking MFN. If Congress had revoked er not to do ‘‘anything to embarrass the Boston University in 1965 and received her MFN, it would have damaged U.S. interests race.’’ master of arts from Montclair State University at home, in China and around the world. Re- America has come a long way since those in 1977. She graduated summa cum laude voking MFN would likely make the human days. Not only are we beyond the embarrass- and was elected to Phi Kappa Phi, the Na- rights situation in China worse, not better. ment and inconvenience of petty apartheid tional Honor Society. It would undermine our stature throughout American-style, but we have made some Asia. Our allies in the region, who support equally important advances in other areas. Ms. Alimi has coached the women's field U.S. engagement and benefit from U.S.- For example, in 1960 approximately 18 per- hockey team of West Essex High School for China trade, would lose confidence in our cent of African-American families were mid- 32 years. She clinched conference titles 25 judgment and ability to play a constructive dle class; by 1990 there were 42 percent. out of 27 yearsÐ1970±79, 1981, 1983±95, role in East Asia. Hong Kong and Taiwan, About 30 years ago there were 1,400 black and 1996, Essex County titles 5 timesÐ1974, which support engagement, would be worse elected officials; today there are close to 1975, 1987, 1990, 1991, and North Jersey off if we revoked MFN. We would also be los- 10,000. In that group are black mayors of pre- sectional titles 19 timesÐ1971±76, 1978, ing the support of one of five permanent dominantly white cities and a US senator. 1981, 1983, 1984, 1987, 1989, 1991±93, and members of the UN Security Council, which In addition, minority-owned businesses are would hurt U.S. interests globally. one of the fastest growing segments of the 1996. West Essex has been ranked the No. 1 Revoking MFN would hurt the United economy. The number of businesses owned women's field hockey team in New Jersey 3 States at home. We would lose markets for by minorities in the United States increased timesÐ1984, 1992, 1993, and the No. 2 team $12 billion worth of U.S. exports, which sup- 60 percent between 1987 and 1992. This com- in the State 4 timesÐ1987, 1989, 1991, and July 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1371 1996. She also coached the women's junior DISAPPROVAL OF MOST-FAVORED- China has increased, our deficit with other Olympic field hockey team to a gold medal in NATION TREATMENT FOR CHINA major Asian exporters has decreased. In other 1992. Such a dynasty can only be explained words, according to the Institute for Inter- by tremendous coaching. SPEECH OF national Economics, Chinese imports of labor- Linda is the recipient of many prestigious HON. GERALD D. KLECZKA intensive consumer goods have simply re- awards including the 1987 Merit Award from placed the imports we used to get from Japan, OF WISCONSIN Korea, Taiwan, and Hong Kong. Chinese pro- the Governor's Council on Fitness and Sport; IN THE HOUSE OF REPRESENTATIVES the 1987 Gold Award, Franklin Life Insurance duction has largely displaced imports from and Scholastic Coach magazine, Select Circle Tuesday, June 24, 1997 other third-party nations, not United States do- mestic producers. Coaching Award; the 1989 Garden State All Mr. KLECZKA. Mr. Speaker, I rise today to Sports Foundation Award; the 1989 NJSIAA discuss whether the United States should con- While I continue to be concerned about the Executive Award; the 1989 Coca-Cola and tinue normal trade relations with China. If I be- human rights situation in China, is there any Madison Square Garden Network Spotlight lieved for one moment that revoking our cur- reason to believe that we can work to improve Award; the 1990 Outstanding Coaches Award rent trade status with China would improve the human rights by severing our normal trade re- for Field Hockey from the National Federation human rights situation there and benefit Amer- lations with China? Historically, China's treat- Interscholastic Coaches Association for the ican workers, I would oppose renewal of most- ment of its own people has always been at its State of New Jersey; and the 1990 Boston favored-nation [MFN] status. However, revok- worst when it is most isolated, like their re- College Sargent College Special Merit Award ing MFN would only serve to make matters pressive Cultural Revolution from 1966 to for Coaching Excellence. Linda was also the worse. 1976. By contrast, today reform in China has recipient of the 1994 Women's Sports Founda- To begin with, MFN is not a special privi- a tenuous foothold, thanks partly to our close tion Budget Car Coaches Award. lege. It would be more accurate to call it ``nor- economic engagement with that country. In Linda was inducted into the New Jersey mal trade status'' because it is the trade rela- the 2 previous years, over 39,000 Chinese Interscholastic Athletic Association's Hall of tionship our country has with 184 nations. students studied at United States universities, Fame in 1985 and received the Boston Uni- If the United States were to revoke this nor- who will eventually return to their homeland versity Harry Clevarly Award for Coaches Ex- mal trade status, China is likely to retaliate having experienced American ideas of plural- cellence that same year. She was inducted against United States exports by increasing ism and democracy. In 1995, over 164,000 into the West Essex Regional High School tariffs on these products. Such retaliation Chinese residents visited this country on busi- Hall of Fame in 1991 and was named New would put a large number of U.S. workers at ness, and thousands more who do not visit Jersey's Winningest Field Hockey Coach in a disadvantage. China is the United States' here are supervised by American managers 1994 with an unprecedented 422 victories, 53 fifth largest trading partner, with our annual and work with American counterparts via losses and 40 ties. Ms. Alimi was also named exports to that country having quadrupled to phone and e-mail on a daily basis, and there- the Winningest Field Hockey Coach in the $12 billion over the past decade. An estimated by get a sense of our politics, our economy, U.S.A. in 1996 for her amazing 457 victories. 170,000 Americans work in jobs that produce and our personal freedoms. Linda received the Honor Award for Outstand- United States exports to China. Regarding religious freedoms, a number of ing Leadership in Sports from the New Jersey In my district, a number of companies, in- the missionary groups working on the ground Association for Girls and Women in Sports in cluding ABB Drives and Rockwell [Allen-Brad- in China have expressed their fears that rev- 1996, and was the recipient of the 1996 Path- ley], have penetrated Chinese markets, ex- ocation of MFN would hinder, not help, the finder Award presented by the National Asso- panding trade and job opportunities. In 1995, cause of human rights there. The China Serv- ciation for Girls and Women in Sports. She Wisconsin companies exported products worth ice Coordinating Office, an organization serv- was inducted into the NJSIAA Hall of Fame on $142 million to that nation, an increase of 29 ing over 100 Christian organizations in service December 2, 1996, placed in the National percent over the previous year. If the United and witness there, fears that ending MFN Federation High School Sports Record Book States unilaterally denies normal trade status would close doors in China through edu- in 1997 and previewed in Sports Illustrated's to China, other countries like Japan and the cational, cultural, and other exchanges, and Faces in the Crowd on March 17, 1997. members of the European Union will imme- cause harm to burgeoning social and political diately replace United States exports to that reforms. Similarly, Dr. Samuel Ling of the Billy On top of being an exceptional coach, Linda country. Alimi is a member of numerous committees Graham Center has called on ``evangelical Since none of our allies would be willing to Christians to think twice before supporting ef- and involved in a number of activities. She join us in sanctioning China our sanctions has served as vice president of the West forts aimed at revoking China's MFN trade would do the most damage to ourselves. In status.'' Essex Education Association 1987±88; been 1979, we made a similar mistake when we im- liaison committee chairperson to the board of posed a grain embargo upon the Soviet Union Our engagement has led to a number of education 1987±88; and was the originator as punishment for the invasion of Afghanistan. significant human rights advances over the and president of the North Jersey Field Hock- What happened? The embargo cut off an im- last several years. Village elections have given ey Coaches Association from 1974±85 and portant market for United States farmers while millions of rural citizens access to a more county representative from 1985±96. Linda Canadian, Argentine, and European growers democratic process for choosing local officials. was certified as an instructor in 1982 under rushed in to fill the gap. We lifted the embargo Exposure to international norms and legal sys- the American Coaches Effectiveness Program, in 1981 with a realization that it had had little tems has played a role in China's legal reform Level I and is presently the clinician and chair- impact on the Soviets. The Soviets did not get effort to broaden citizens' rights. Reforms in- person for the New Jersey Interscholastic Ath- out of Afghanistan until years later, when the clude the 1997 amendments to the criminal letic Association. Ms. Alimi was a member of Afghans threw them out. This recent historical procedure law which impose limits on police the New Jersey Governor's Council on Fitness case illustrates that our unilateral sanctions detention of suspected criminals, and the 1994 and Sport from 1986±88, and the winner of wreak most of its punishment on one nation: state compensation law, which allows Chinese the Garden State All Sports Foundation Award ours. citizens to sue government officials and collect in 1988. She served as a member of the U.S. When we placed sanctions upon South Afri- damages. By withdrawing economically, we Field Hockey Association board of directors ca several years ago, they were effective be- jeopardize future reforms by reducing the posi- from 1988±92, on the NJSIAA Field Hockey cause we had the cooperation of all our major tive influence we can continue to have on Committee from 1989±96, and on the USFHA trading partners. If we revoke normal trading China. Futures Committee in 1994. Linda presently status with China, we will be doing it aloneÐ A vote to continue MFN is not a vote in serves on the National Federation Field Hock- and the Europeans and Japanese will take the favor of the policies of the Chinese Govern- ey rules committee. business opportunities that United States com- ment. A vote to continue our normal trade re- Mr. Speaker, I ask you to join me, our col- panies will now be forced to forego. lations with China is a vote for an ongoing en- leagues, Linda's family, friends and team- Opponents of MFN renewal note that over gagement which not only supports thousands mates in recognizing Linda Ann Alimi's out- the last several years we have had a growing of American jobs, but allows us to promote re- standing and invaluable service to the commu- trade deficit with China. However, the deficit form and democracy among the people of nity. figures show that while our trade deficit with China. E1372 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 IN HONOR OF WMZQ (b)(2) and (d) of section 105 of the concurrent In addition, the indexing of captial gains for resolution on the budget for fiscal year 1998: inflation, beginning in 2001, means that the HON. THOMAS M. DAVIS Ms. MINK of Hawaii. Mr. Chairman, I rise to projected $3 billion in capital gains-related rev- OF VIRGINIA oppose H.R. 2014, the Republican tax bill, enue gains of the first 5 years will be offset by IN THE HOUSE OF REPRESENTATIVES which shifts the burden of achieving a bal- huge revenue losses in the second 5 years. anced budget by 2002 to those least able to Indeed, the capital gains provisions of the tax Tuesday, July 8, 1997 pay. bill are expected to contribute about $33 billion Mr. DAVIS of Virginia. Mr. Speaker, it gives Mr. Chairman, H.R. 2014 directs 70 percent to the deficit over 10 years. me great pleasure to rise today to pay tribute of the tax cuts to the top 20 percent of the Na- H.R. 2014 is fundamentally unfair. This bill, to one of the top rated radio stations in the tion's taxpayers. H.R. 2014 further limits the like last year's egregious welfare legislation, Washington area, WMZQ. June 22 marks their new $500-per-child tax credit so that the work- punishes the most vulnerable of our citizens: 20th anniversary on air as a country music ing poor would not be eligible. H.R. 2014 also the working poor. The tax bill offers the work- station, serving the musical and community allows investors to reduce the taxable value of ing poor no relief, and ensures that the gap needs of our region. their capital assets by the rate of inflation, be- between the working poor and the rich will On June 22, 1977, WMZQ 98.7 FM signed ginning in 2001. H.R. 2014 disproportionately widen even more. on the air with the song ``Are You Ready for benefits the very wealthy since 62 percent of I strongly urge my colleagues to oppose the Country?'' Since that time, the Washington all capital gains are realized by people with in- H.R. 2014. Metropolitan area has benefited from the tal- comes of $200,000. f ent and commitment of their staff. The Country With respect to education, H.R. 2014 pro- Music Association [CMA] has honored vides $31 billion in tax cuts to pay for higher HONORING LAWRENCE COUNTY WMZQ's contribution to country music by education costs over the first 5 years, al- CANCER SOCIETY naming WMZQ the CMA Station of the Year in though the GOP congressional leadership and 1989. The radio industry has also recognized the White House had agreed earlier on a $35 WMZQ's programming excellence with several billion cut. In addition to reducing the alloca- HON. RON KLINK Achievement in Radio [AIR] Awards. tion for education tax cuts, H.R. 2014 changes OF PENNSYLVANIA WMZQ's staff is intertwined with the greater how these tax cuts would be applied. IN THE HOUSE OF REPRESENTATIVES Washington community. WMZQ has supported For example, under H.R. 2014, a tuition tax Tuesday, July 8, 1997 credit replaces the HOPE tax credit. The new many charitable organizations like the Amer- Mr. KLINK. Mr. Speaker, I rise today in rec- tuition credit provides for 50 percent of the first ican Heart Association, the March of Dimes, ognition of the Lawrence County Cancer Soci- $3,000 of tuition paid, and not a full tuition Children's Hospital, the American Red Cross, ety and their efforts to combat breast cancer. credit of up to $1,500. Accordingly, those stu- and Toys for Tots through event participation On July 12, 1997 they will be holding their dents who attend community colleges and and public affairs programming. WMZQ's loyal First Pink Ribbon Golf Classic to raise money other low-tuition schools where costs total, listeners' generous response to the Annual St. for cancer research and increase the public's say, $2,000 will receive only $1,000Ðthat is, Jude Children's Research Hospital Radiothon awareness about this deadly disease. 50 percent of $2,000Ðand not the full credit of has raised over $2 million in just 5 years. Lis- Sadly, breast cancer is the second leading up to $1,500 proposed by President Clinton. tener's contributions during the Coats for Kids cause of death among women today. The And, by applying the Pell grant offset to the campaigns has kept thousands of children American Cancer Society predicts that this new tuition tax credit, H.R. 2014 further re- warm during the winter months. WMZQ's year 180,200 new cases of breast cancer will duces the credit that will be available to low- Christmas in April home renovation projects be diagnosed, and nearly 46,000 women will income students attending low-tuition commu- has provided many elderly, low-income, and die of this deadly disease. Research shows nity colleges. handicapped neighbors with safer living condi- that breast cancer will affect 1 out of every 9 H.R. 2014 provides for education saving ac- tions. women in America. Today, according to the counts as a way to minimize taxes. But these On June 22, the WMZQ staff and 15,000 of American Cancer Society, two-thirds of all accounts are also skewed against low-income their most loyal fans celebrated the radio sta- women over the age of 65 are not receiving families. Why? Because the tax education is tion's 20th anniversary at the Bull Run Country mammograms, even though doctors rec- taken when tuition is paid rather when depos- Jamboree. This year they were proud to host ommend that they get one every other year. its are made to the accounts. Only high-in- Paul Brantly, LeAnne Rimes, Neil McCoy, and Early detection of this disease is vital. By come families will be able to save enough to Wynonna. Over the last 7 years this annual doing so, we can save lives. event has raised over $600,000 for the North- take advantage of this tax deduction. H.R. 2014 provides for a child tax credit The Lawrence County Cancer Society is ern Virginia Park Authority. This year, WMZQ doing all they can to change these terrible sta- general manager, Charlie Ochs, rededicated which will, however, be effectively denied to lower-income working families who have the tistics by encouraging women to get checked the efforts of the WMZQ staff to better serve for this disease as early and as often as pos- the country music listener and to continue to greatest need for it. While H.R. 2014 phases out the child tax credit at $75,000Ðsingle re- sible. Research shows that if breast cancer is work to make the Washington area a better detected early, a woman has a 40-percent place to live. turnsÐand $110,00Ðjoint returnsÐthe tax bill provides that any earned income tax credit re- greater chance to survive this disease. By Mr. Speaker, I know my colleagues join me spreading the word about the benefits of early in celebrating the special anniversary of ceived by lower-income working families will be used to offset the child tax credit, thereby detection, the Lawrence County Cancer Soci- WMZQ. Not only do they provide the region ety is helping to save the lives of the women with good country music, but they have sup- ensuring that the child tax credit will be denied to lower-income working families. of America. ported our community through many volunteer Mr. Speaker, I again want to applaud the programs. They have enriched the lives of Single parents who need child care, and use the dependent care tax credit will also be Lawrence County Cancer Society for their their listeners, have enhanced the quality of courageous efforts. I hope my colleagues will life in our region and have grown to be one of effectively denied the new child tax credit. Why? Because the tax bill provides that any join me in recognizing their efforts to combat the top rated country stations in the Nation. this lethal killer. f dependent care tax credit claimed by single parents will be used to offset the new child tax f TAXPAYER RELIEF ACT OF 1997 credit. The capital gains provisions in H.R. 2014 IN HONOR OF GOLDEN AGERS OF SPEECH OF disproportionately benefits the richest Ameri- SS. CYRIL AND METHODIOUS HON. PATSY T. MINK cans. Aside from the fact that 62 percent of CHURCH OF HAWAII capital gains are realized by people with in- comes over $200,000, investors will be able to IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH index their capital gains for inflationÐthat is, OF OHIO Thursday, June 26, 1997 reduce the taxable value of their capital assets IN THE HOUSE OF REPRESENTATIVES by the rate of inflationÐbeginning in 2001. The House in Committee of the Whole Tuesday, July 8, 1997 House on the State of the Union had under The longer an asset is held, the greater the in- consideration the bill (H.R. 2014) to provide flation indexing will be. This will result in very Mr. KUCINICH. Mr. Speaker, I rise to honor for reconciliation pursuant to subsections large tax cuts for the very rich. the Golden Agers of SS. Cyril and Methodious July 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1373 Church in Lakewood, OH on the 25th anniver- safety of nonsmokers. In light of what is being SEC. 3. SMOKING PROHIBITION IN FEDERAL sary of their senior group on July 13, 1997. done in the private sector, a total ban on BUILDINGS. The Golden Agers were formed in July 1972 smoking in Federal buildings makes good (a) SMOKE PROHIBITION.—On and after the by Father Humensky and Abbott Theodore sense. 180th day after the date of the enactment of Kojis for seniors of the parish. Approximately In studies conducted by the U.S. Environ- this Act, smoking shall be prohibited in any indoor portion of a Federal building. 59 members of the church attended the first mental Protection Agency, indoor air pollution meeting at which Lucy Misencik was ap- was identified as one of the top five environ- (b) ENFORCEMENT.— pointed the first president of the Golden Agers mental risks to public health. Environmental (1) EXECUTIVE BRANCH BUILDINGS.—The Ad- by Father Humensky. Lucy served as presi- tobacco smoke [ETS] has been determined to ministrator of General Services shall issue regulations, and take such other actions as dent for 2 years until her death in 1974. At this be a major indoor air pollutant. Although there may be necessary, to institute and enforce time Helen and John Kolesar were appointed are other harmful pollutants in the air of most the prohibition contained in subsection (a) copresidents. By 1975 there were 270 mem- workplaces, very few of those pollutants are as such prohibitions applies to Federal build- bers of the Golden Agers. capable of being isolated and removed from ings owned or leased for use by an Executive Marie Vaxman was appointed president of the workplace environment. ETS is a known Agency. the organization in 1980 by Father Onderjka, health hazard that can easily be removed from (2) JUDICIAL BRANCH BUILDINGS.—The Direc- the current priest of the parish. Marie presided the Federal workplace. tor of the Administrative Office of the Unit- over the organization until 1990. During this In addition to the known health hazards ed States Courts shall take such actions as time card parties were instituted to defray ex- posed by ETS, in 1993, officials from the U.S. may be necessary to institute and enforce penses for pilgrimages and other trips taken Department of Labor testified before the Sub- the prohibition contained in subsection (a) as such prohibition applies to Federal build- by members. committee on Public Buildings and Grounds ings owned or leased for use by an establish- After Vaxman's term, Mary Jacko served as that the Federal Government has paid out ment in the judicial branch of the Govern- president until 1992, at which time Lenore hundreds of thousands of dollars in workers' ment. Steve filled the position. Clara Zbin took over compensation claims to nonsmoking Federal (3) LEGISLATIVE BRANCH BUILDINGS.— the duties of head of the organization until employees who have been disabled or im- (A) HOUSE OF REPRESENTATIVES.—The February 1996. Irene Tomcik is the current paired due to workplace exposure to ETS. Un- House Office Building Commission shall take president of the Golden Agers. Members of less a uniform ban on smoking in Federal such actions as may be necessary to insti- this nonprofit organization enjoy social get- buildings is imposed, the U.S. taxpayer will tute and enforce the prohibition contained in togethers on the third Wednesday of each continue to pay workers' compensation claims subsection (a) as such prohibition applies to month. to Federal employees disabled or impaired by Federal buildings owned or leased for use by My fellow colleagues, please assist me in ETS. the House of Representatives. extending congratulations to the Golden Agers Mr. Speaker, I would note that a number of (B) SENATE.—The Committee on Rules and of SS. Cyril and Methodious Church on the States have imposed a total ban on smoking Administration of the Senate shall take such 25th anniversary of their valuable organization. in State buildings. In addition, numerous local- actions as may be necessary to institute and enforce the prohibition contained in sub- f ities have passed ordinances banning smoking section (a) as such prohibition applies to in restaurants and other facilities. Many pri- Federal buildings owned or leased for use by BAN ON SMOKING IN FEDERAL vately owned and operated facilitiesÐfrom BUILDINGS ACT the Senate. sports arenas to shopping malls to movie the- (C) OTHER ESTABLISHMENTS.—The Architect atersÐhave banned smoking. My legislation is of the Capitol shall take such actions as may HON. JAMES A. TRAFICANT, JR. a logical and commonsense measure that will be necessary to institute and enforce the OF OHIO protect the public health of all those who work prohibition contained in subsection (a) as IN THE HOUSE OF REPRESENTATIVES in, use or visit Federal buildings. The bill will such prohibition applies to Federal buildings owned or leased for use by an establishment Tuesday, July 8, 1997 also save taxpayer dollars by eliminating the cause of costly workers' compensation pay- in the legislative branch of the Government Mr. TRAFICANT. Mr. Speaker, today I am (other than the House of Representatives and ments to Federal employees impaired or dis- the Senate). introducing legislation to prohibit smoking in abled by workplace exposure to ETS. Finally, any indoor portion of a Federal building. The the Ban on Smoking in Federal Buildings Act SEC. 4. PREEMPTION. Ban on Smoking in Federal Buildings Act cov- will, for the first time, put in place a uniform Nothing in this Act is intended to preempt ers all federally-owned and leased buildings, smoking policy for all three branches of the any provision of law of a State or political including those used by the Federal judiciary Federal Government. I urge all of my col- subdivision of a State that is more restric- tive than a provision of this Act. and the U.S. House of Representatives and leagues to cosponsor this legislation. U.S. Senate. The bill defines the term ``Fed- SEC. 5. DEFINITIONS. H.R. — eral building'' as any building or other struc- For the purposes of this Act, the following ture owned and leased for use by a Federal Be it enacted by the Senate and House of Rep- definitions apply: agency. The bill exempts U.S. military installa- resentatives of the United States of America in Congress assembled, (1) EXECUTIVE AGENCY.—The term ‘‘Execu- tions and health care facilities run by the De- tive agency’’ has the same meaning such SECTION 1. SHORT TITLE. partment of Veterans Affairs, as well as any term has under section 105 of title 5, United This Act may be cited as the ‘‘Ban on States Code. area of a Federal building used primarily as Smoking in Federal Buildings Act’’. (2) FEDERAL AGENCY.—The term ‘‘Federal living quarters. SEC. 2. FINDINGS. agency’’ means any Executive agency and As chairman of the House Public Works and Congress finds that— any establishment in the legislative or judi- Transportation Subcommittee on Public Build- (1) environmental tobacco smoke is a cause cial branches of the Government. ings and Grounds in the 103d Congress, I in- of lung cancer in healthy nonsmokers and is troduced similar legislation in 1993. That legis- responsible for acute and chronic respiratory (3) FEDERAL BUILDING.—The term ‘‘Federal lation would have limited smoking in Federal problems and other health impacts among building’’ means any building or other struc- sensitive populations; ture (or portion thereof) owned or leased for buildings to separately ventilated smoking use by a Federal agency; except that such areas. The bill was approved by the House in (2) environmental tobacco smoke comes from secondhand smoke exhaled by smokers term does not include any building or other 1993 but was not considered in the other and sidestream smoke emitted from the structure on a military installation, any body. burning of cigarettes, cigars, and pipes; health care facility under the jurisdiction of Smoking in buildings used by executive (3) citizens of the United States spend up the Secretary of Veterans Affairs, or any branch agencies is limited to designated areas to 90 percent of a day indoors and, con- area of a building that is used primarily as that are separately ventilated, although many sequently, there is a significant potential for living quarters. Federal agencies have already imposed total exposure to environmental tobacco smoke (4) MILITARY INSTALLATION.—The term bans. Smoking is also prohibited in Federal from indoor air; ‘‘military installation’’ means a base, camp, courtrooms. Smoking is permitted in some (4) exposure to environmental tobacco post, station, yard, center, homeport facility smoke occurs in public buildings and other for any ship, or other facility under the ju- rooms of the U.S. Capitol, and Members of indoor facilities; and risdiction of the Department of Defense, in- Congress can set their own smoking policies (5) the health risks posed by environmental cluding any leased facility. Such term does for their offices. In my view, there should be tobacco smoke exceed the risks posed by not include any facility used primarily for a uniform smoking policy for the entire Federal many environmental pollutants regulated by civil works (including any rivers and harbors GovernmentÐone that protects the health and the Environmental Protection Agency. project or flood control project). E1374 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 IN MEMORY OF BILL CLEAVINGER TRIBUTE TO MR. AND MRS. In particular, I heartily commend the bank's EUGENE C. BERCHIN commitment to re-invest in the area it serves. Playgrounds, libraries, and concerts have HON. LARRY COMBEST HON. HENRY A. WAXMAN been funded through its grant program; local OF TEXAS OF CALIFORNIA people affected by natural disasters have IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES been helped by the bank's low-interest com- Tuesday, July 8, 1997 munity loan scheme. Companies have a re- Tuesday, July 8, 1997 sponsibility to society just as individuals do, Mr. WAXMAN. Mr. Speaker, I ask my col- and Irwin Bank deserves recognition for its ex- Mr. COMBEST. Mr. Speaker, the family leagues to join me in paying tribute to Mr. and ceptional work in Pennsylvania. farm lost one of its very own when Bill Mrs. Eugene C. Berchin, who will celebrate Over the past 20 years, I have grown ac- Cleavinger passed away after a generation of their 50th wedding anniversary on July 20, customed to the bank's friendly neighborhood working the soil, tending to his family, and nur- 1997. service. The staff do indeed treat their cus- turing his community. The Berchins are an extraordinary couple tomers as the friends they are. I invite all Bill remained most at home on the family whose love and support for one another has Members of this House to join with me in con- farm and at his best when he spoke up for continued to grow over the past 50 years. gratulating Irwin Bank on 75 years of commu- farming families. First as Texas Sugar Beet Though they have celebrated many happy nity service, and wishing all the staff the best Growers Association president and later exec- events and milestones throughout their mar- of luck for the future. utive director, he rose to the position of na- riage, they were faced with an overwhelming f tional spokesman as American Sugarbeet challenge when Marjorie Helene suffered an Growers Association president. Because he unfortunate and disabling stroke a few years INTERNATIONAL DEVELOPMENT always lived his life close to farming, folks ago. Fully facing this challenge, Eugene has LAW INSTITUTE could readily understand and count on what devoted himself to caring for Marjorie Helene Bill Cleavinger had to say about production in every way, seeing that she is comfortable HON. JON D. FOX and receiving the best care possible. agriculture. OF PENNSYLVANIA Eugene and Marjorie Helene met shortly As a boy, he helped his father with farm IN THE HOUSE OF REPRESENTATIVES chores, then after college and service in the after Eugene's discharge from the U.S. Army, Tuesday, July 8, 1997 military, Bill returned to the family farm to work where he was a captain stationed overseas alongside his father. In the rural Panhandle with the 89th Infantry Division. After their mar- Mr. FOX of Pennsylvania. Mr. Speaker, I community of Wildorado, Bill and his wife June riage, Marjorie Helene graduated from UCLA wanted to bring to the attention of my col- raised their family on down-to-earth values obtained her teaching credential, and taught leagues a fascinating program that I recently while they worked the good earth to raise life sciences at Polytechnic High School. Dur- learned about since I joined the International each year's crop. ing that time, she was the primary source of Affairs Committee. The International Develop- income as Eugene attended dental school at In his life, Bill Cleavinger was father, farmer, ment Law Institute was founded in Rome in USC and later attended law school. 1983 and has operated as a public inter- school board member, director of church The Berchins have two children, a son, Joel music, and director of a local bank. To those national organization since 1991. Mitchell, and a daughter, Sondra Ellen. Joel is The Institute's mission is an intriguing one. of us who knew him, Bill was much more than a physician who practices in the San Diego those titles could possibly suggest. Its founders, Michael Hager, William Loris, and area and Sondra is a lawyer who attended Gilles Blanchi, all recognized that one of the Even with his passing, there will be a next UCLA School of Law. She was a law clerk for impediments to development for many coun- generation of family farmers who will come to both Justice Thurgood Marshall and Second tries was the lack of trained lawyers and legal know about men like Bill Cleavinger through Federal District Justice Oaks. The Berchins advisors who could provide the essential serv- an internship established in his name to honor are also the proud grandparents of Kyle Taylor ices required to foster private sector develop- personal leadership, persistence, creativity, and Caitalin Lee. ment, governance, and economic law reform. patience, and integrity. Eugene and Marjorie Helene Berchin are a To overcome these barriers, the Institute of- living tribute of the greatest strengths of the in- fers, both in Rome and onsite in individual f stitution of marriage and the American family. countries, practical training in lawyeringÐhow They having continually loved and supported TRIBUTE TO JOSEPH ROSENBERG to negotiate and draft an agreement; how to one another, their children, and their grand- resolve disputesÐinternational commercial children in each event of their lives, whether lawÐhow to set up a joint venture, how to fos- joyous or sorrowful. ter technology transferÐand economic law re- HON. CHRISTOPHER SHAYS Eugene very proudly expresses that Marjo- formÐhow to deal with issues of corporate OF CONNECTICUT rie Helene is a beautiful today as the day he governance and bankruptcyÐas well as met her and that she still enjoys the music of IN THE HOUSE OF REPRESENTATIVES courses addressing public law issues like envi- the Big Band Era. ronmental laws. The Institute has trained more Tuesday, July 8, 1997 I ask my colleagues to join me in congratu- than 4,600 lawyers from 153 countries prepar- lating the Berchins as they celebrate their 50th Mr. SHAYS. Mr. Speaker, I rise today to ing them to meet the evermore challenging wedding anniversary and in wishing them and honor Joseph Rosenberg of Bridgeport, CT, demands of modern international trade. their family every happiness in the years to as he celebrates 50 years of living in the Unit- I am proud, Mr. Speaker, that one of the come. ed States. member states of IDLI is the United States. I f For nearly a half-century Joseph has been have met Mr. Hager and was impressed with an outstanding American citizen and role TRIBUTE TO THE STAFF OF THE IDLI's commitment to its mission. It is my hope model for his peers. IRWIN BANK that our country will continue its support of this As a survivor of several World War II Nazi valuable Institute to provide critical resources concentration camps including Auschwitz, he HON. RON KLINK to those countries which so very much need is a living testament of courage, bravery, and OF PENNSYLVANIA them. the desire for freedom. IN THE HOUSE OF REPRESENTATIVES f Upon Joseph's arrival in the United States, Tuesday, July 8, 1997 ELECTIONS IN MEXICO he joined the Army and served his new coun- Mr. KLINK. Mr. Speaker, I rise today to ex- try proudly. We are deeply grateful for his con- tend my warmest congratulations to 170 peo- HON. ELTON GALLEGLY tributions to the Bridgeport community and our ple celebrating a 75th birthdayÐthe staff of OF CALIFORNIA Nation. the Irwin Bank & Trust Co. in Pennsylvania. IN THE HOUSE OF REPRESENTATIVES We should all be proud to have a fellow Its central strength has been to observe a American as patriotic as Joseph Rosenberg. good rule of thumb for politicians: Never forget Tuesday, July 8, 1997 As he often says, ``There is no place like the those you serve. As it has grown, Irwin Bank Mr. GALLEGLY. Mr. Speaker, 2 days ago, United States. People don't know what free- has stayed loyal to its customers and loyal to the United States and all the nations of the dom really is. It's great.'' the community. Americas witnessed one of the most dramatic July 8, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1375 expressions of democracy ever held in this Usher's Syndrome, an inherited condition that ter place to live. Throughout its 150 years of hemisphere in modern times. causes both hearing loss and loss of periph- existence, the people of St. John's have per- The recent national elections in Mexico rep- eral vision. severed. In January 1935, St. John's Cathe- resented the clearest sign yet that the prin- Despite this disability, Mr. Totten was re- dral suffered a devastating fire. It was the un- ciples of democracy, freedom of expression, cently named Employee of the Year by Win- selfish work of the entire Archdiocese that al- and the turn to true multiparty representation ston-Salem Industries for the Blind. He has lowed St. John's to be reconstructed. Today, has taken a strong hold in the hemisphere and also been nominated for the Peter J. Salmon St. John's Cathedral remains one of the most promises to serve as a model for the rest of National Blind Employee of the Year award. I prominent structures in the city. the Americas. applaud Mr. Totten for his determination to Mr. Speaker, I ask my colleagues to join me The people of Mexico should be very proud succeed and his dedication to his work. I be- in paying tribute to St. John's Cathedral. I join of themselves for effecting what was appar- lieve he is an excellent candidate for this with the city of Milwaukee in wishing this out- ently the fairest and freest election in Mexican honor. standing parish a happy sesquicentennial and history. The people of Mexico should also be By day, Mr. Totten works to produce mat- continued success in our community. proud of the government of President Ernesto tresses. He has been with Winston-Salem In- f Zedillo, who despite the fact that the voters dustries for the Blind for 6 years. According to threw his party into serious election defeat, his coworkers, he has a good attitude about TRIBUTE TO THE MICHIGAN was bold enough to initiate and to enact the work, does whatever jobs he is asked to do, APPAREL CLUB significant election law reforms which resulted and is quick to help others when they need in these elections being so transparent. assistance. Tony is usually ``the first person in HON. SANDER M. LEVIN The people of Mexico should be congratu- the department to go to work, and the last one OF MICHIGAN lated for overcoming what surely was a to stop.'' IN THE HOUSE OF REPRESENTATIVES healthy amount of skepticism of the reforms By night, however, Mr. Totten is a gifted and Tuesday, July 8, 1997 devoted artist. Drawing is his passion, and he and for going to the polls to express their will Mr. LEVIN. Mr. Speaker, I rise to honor the in support of change for truly representative is able to create remarkable portraits from photographs. Art has been an important part Michigan Apparel Club [MAC] on the occasion government. Without their faith, their coopera- of their 80th anniversary. tion, and their participation, the changes pro- of his life for many years. Tony has won art awards in the area, and one day hopes to op- Eighty years ago, this club began as just a posed by President Zedillo would not have social gathering between manufacturers' rep- mattered. erate his own graphic arts business. It is people like Tony Totten who exemplify resentatives of men's apparel and the Michi- The political parties of Mexico and their suc- gan retailers they serviced. In the 1920's, their cessful candidates should also be commended the idea of the American dream. His initiative and display of personal responsibility inspires informal relationship took on a closer associa- for their participation and for conducting such tion with the introduction of ``The Sprinkler,'' clean and apparently corruption-free cam- the people around him. Tony has already opened many doors that were previously and trade shows. ``The Sprinkler'' was, and paigns. Through these elections, Mexico has still is today, the publication that informs retail- truly turned the corner and has seriously com- closed to him and others with similar disabil- ities. For myself, for my colleagues in this ers of the trade shows and provides advertis- mitted itself to real democracy. ing opportunities for the manufacturers' rep- Now, however, comes the hard part. Can House, and for our Nation, I say thank you Mr. Totten for showing us that nothing is impos- resentatives and their merchandise. the PRI accept the will of the people and relin- With the advent of the Depression, apparel quish some of the decisionmaking authority it sible. f clubs in other States suffered, and only the has so long held. Can the Chamber of Depu- Michigan club remained. ties work together to forge coalitions to fashion A SESQUICENTENNIAL TRIBUTE MAC's most successful years came as a re- policies which will benefit all of the people of TO MILWAUKEE’S ST. JOHN’S CA- sult of World War II. Shortages of merchan- Mexico. Can the Zedillo government work with THEDRAL dise resulted in strict allocation of supplies to the Chamber to provide economic growth and retailers, and with the return of servicemen the social justice. Can the PAN governors of some HON. THOMAS M. BARRETT club took on a new spirit and camaraderie that of Mexico's wealthiest states work with the OF WISCONSIN is unmatched even today. Indeed, those were Federal Government for a greater Mexico. IN THE HOUSE OF REPRESENTATIVES their glory days. Can the PDR mayor-elect of Mexico City work Tuesday, July 8, 1997 The Detroit trade shows were first held in cooperatively with the Federal Government to the Statler and Book Cadillac Hotels, and govern an unruly city which needs help in so Mr. BARRETT of Wisconsin. Mr. Speaker, it shortly expanded from the two hotels, to three many facets of everyday life. is with pride today that I celebrate an impor- with the addition of the Tuller. Their next move Whatever the outcomes of these questions, tant event in the city of Milwaukee's history. was to Cobo Hall, and later to the Southfield there can be no doubt that what happened on The summer of 1997 marks the sesquicenten- Civic Center. Today the Michigan Apparel July 6 was a tremendous boost to democracy nial of Milwaukee's St. John's Cathedral. I ask Club holds their trade shows at the Burton not only in Mexico but throughout all of the my colleagues to join me in saluting this Manor in Livonia, and serves as the regional Americas. parish's remarkable achievements and invalu- show for all the Midwest. As chairman of the Western Hemisphere able contributions to a great community. Mr. Speaker, I ask my colleagues to join me Subcommittee, I want to offer my congratula- In May 1844 Milwaukee's first bishop, John in congratulating the Michigan Apparel Club tions to the government of President Zedillo, Martin Henni, arrived in Wisconsin. As Ordi- for its 80 years of dedicated service, and I to all of the successful candidates, and most nary of the Milwaukee See, Bishop Henni de- wish the current members continued success especially to the people of Mexico for making voted 37 years to the betterment of the Mil- in promoting the goodwill and prosperity in our this election a benchmark in Mexican history waukee area. In an era of expansion, Bishop business community. and a shining example of how democracy Henni looked to the future. Perhaps his most f should work for the rest of the hemisphere. impressive accomplishment was overseeing f the construction of St. John's Cathedral. TRIBUTE TO THE LATE JAMES Bishop Henni's purchase of nearly an acre MAITLAND STEWART HONORING MR. TONY CURTIS of ground on which to erect his new cathedral TOTTEN proved to be an ambitious endeavor. While HON. CAROLYN B. MALONEY many people felt the Bishop was too zealous, OF NEW YORK HON. RICHARD BURR his energy and vision resulted in the success- IN THE HOUSE OF REPRESENTATIVES ful construction of one of the most majestic OF NORTH CAROLINA Tuesday, July 8, 1997 IN THE HOUSE OF REPRESENTATIVES structures in Milwaukee. In addition to its physical beauty, St. John's Cathedral contrib- Mrs. MALONEY of New York. Mr. Speaker, Tuesday, July 8, 1997 uted to the community's rich culture enjoyed I rise to celebrate the life of one of America's Mr. BURR of North Carolina. Mr. Speaker, I by its first settlers. It is in the spirit of Milwau- most cherished heroes, James Maitland Stew- rise today to honor a man who has overcome kee's first immigrants that St. John's Cathedral art, known to beloved fans worldwide as several obstacles to lead a fulfilling life. Tony continues to add to Milwaukee's community. Jimmy Stewart. He was not only a World War Curtis Totten is a talented artist, a hard work- The dedication of the men and women of II hero, but he was the quintessential Amer- er, and a well-respected citizen. He also has St. John's parish makes our community a bet- icanÐhonest, moral, and decent. E1376 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 1997 Jimmy Stewart was born on May 20, 1908, TRIBUTE TO CHARLIE HARVILLE he was rehired by WFMY in 1977 to replace in Indiana, PA. He graduated from Princeton the departing Woody Durham. Charlie retired University in 1932 and soon traveled to Broad- HON. HOWARD COBLE from full-time reporting and channel 2 in 1988. way. After a string of hits, he went to Holly- OF NORTH CAROLINA In 42 years of broadcasting, WFMY had wood and appeared in his first movie, ``Murder IN THE HOUSE OF REPRESENTATIVES known only two sports directors, both legends Man,'' with Spencer Tracy. He portrayed char- Tuesday, July 8, 1997 in North Carolina, Charlie Harville and Woody acters in nearly 80 films, spanning the film Durham. genres of westerns, dramas, thrillers, and Mr. COBLE. Mr. Speaker, the Piedmont comedies. He starred with the greats of the Triad of North Carolina has a rich sports herit- Now 78, Charlie Harville, shows no signs of Silver Screen: Grace Kelly, Katherine Hep- age and a man who has reported on much of slowing down. We are sure that his 9 children burn, Cary Grant, and John Wayne. it for more than half a century has been hon- and 22 grandchildren will make sure of that. In 1941, Stewart enlisted in the U.S. Army. ored as one of the best ever produced by our He continues to tape a 4-minute daily inter- His military career was as successful as his State. I am referring to sports broadcasting view show for Greensboro Bats baseball acting career. He flew 25 successful missions legend Charlie Harville of Greensboro, NC. games on WKEW±AM. He attends most Bats over enemy territory and was promoted to the Harville, the first television sports anchor in games at War Memorial Stadium, and he re- rank of colonel. Due to his bravery and valor the Greensboro-High Point market, has been mains an active member of Society of Amer- he was awarded the Air Medal and the Distin- inducted into the North Carolina Sports Hall of ican Baseball Research. His close friend and guished Flying Cross. He retired in 1968 with Fame. president of the Greensboro Sports Commis- the rank of brigadier general, making him the As a student at High Point College, now sion Tom Ward told the Greensboro News & University, Charlie Harville began his broad- highest-ranking entertainer in the United Record that Charlie Harville is a ``walking en- casting career at WMFR±AM as a substitute States Military. cyclopedia with a photographic mind who can After the war, he appeared in ``It's A Won- baseball announcer for the Class D North recite batting averages from 1944.'' Retired derful Life,'' one of the most celebrated mov- Carolina State League Thomasville Tommies. News & Record sports editor Irwin Smallwood ies in American history. In 1940, he won his After he worked his first game on April 28, first Academy Award for the ``Philadelphia 1938, the radio station hired him permanently. said that Charlie Harville ``was an authentic Story.'' Always known as a humble man, he Harville's budding broadcasting career was pioneer in regional television. He set a stand- sent the award home to his parents. He went suspended by 41¤2 year tour of duty in the ard to which others still aspire.'' on to be nominated four more times. He won Army Air Corps during World War II. Following His colleagues share that opinion and that is the lifetime achievement award from the his discharge, he landed radio jobs in why he was elected to our State's Sports Hall American Film Institute in 1980, the Kennedy Martinsville, VA, Goldsboro, NC, and LaSalle, of Fame. We can think of no better place for Center in 1983, and the Film Society of Lin- IL, before he returned to Greensboro for a job Charlie to be except maybe at a baseball coln Center in 1990. at WFMY Radio. In 1949, WMFY±TV went on game, on the golf course, or at the race track. Jimmy Stewart, a true renaissance man, the air and Charlie Harville became the sta- We always knew that Charlie Harville was an served as a role model for many Americans tion's first sports anchor. All Star, but we were particularly pleased to Harville remained at WFMY until 1963 when during his 89 years. Several generations have learn that now he is a Hall of Famer, too. already enjoyed his movies and their influence WGHP, channel 8 in High Point, hired him is sure to continue to posterity. away. He was replaced at WFMY±TV by On behalf of the citizens of the Sixth District Mr. Speaker, I respectfully urge my col- Woody Durham, better known these days as of North Carolina, we salute Charlie Harville leagues to take a moment to remember Jimmy the voice of the University of North Carolina on his induction into the North Carolina Sports StewartÐa man who embodied the spirit of Tar Heels. Charlie left WGHP in 1975, and Hall of Fame. To borrow Charlie's signature America. after 2 years of free-lance sports announcing, closing lineÐ``That's the best in sports today.' Tuesday, July 8, 1997 Daily Digest

HIGHLIGHTS House passed H.R. 2016, Military Construction Appropriations Act for FY 1998. Senate Thurmond (for Thompson/Glenn) Amendment Chamber Action No. 748, to streamline electronic commerce in Fed- Routine Proceedings, pages S6955–S7034 eral procurement. Pages S6979±80 Measures Introduced: Seven bills and two resolu- Levin (for Graham) Amendment No. 749, to re- tions were introduced, as follows: S. 991–997, and quire the Secretary of Defense to review the com- S. Con. Res. 36–37. Page S6990 mand selection process for District Engineers of the DOD Authorizations: Senate continued consider- Army Corps of Engineers. Page S6980 ation of S. 936, to authorize appropriations for fiscal Thurmond (for Santorum/Lieberman) Amendment year 1998 for military activities of the Department No. 750, to extend for two years the applicability of of Defense, for military construction, and for defense fulfillment standards developed for purposes of cer- activities of the Department of Energy, and to pre- tain defense acquisition workforce training require- scribe personnel strengths for such fiscal year for the ments. Page S6980 Armed Forces, taking action on amendments pro- Levin (for Cleland) Amendment No. 712, to ex- posed thereto, as follows: Pages S6960±70, S6974±89 press the sense of Congress reaffirming the commit- Adopted: ment of the United States to provide quality health Thurmond Amendment No. 744, to extend the care for military retirees. Page S6980 Chiropractic Health Care Demonstration Project for Levin (for Harkin/Kempthorne) Amendment No. two years. Pages S6975±76 751, to require the Secretary of Defense to initiate Levin (for Bingaman) Amendment No. 648, to re- actions to eliminate or mitigate the need for some quire a report on Department of Defense policies and military families to subsist at poverty level standards programs to promote health lifestyles among mem- of living. Pages S6980±81 bers of the Armed Forces and their dependents. Pending: Page S6976 Cochran/Durbin Amendment No. 420, to require Thurmond (for Helms) Amendment No. 745, to a license to export computers with composite theo- authorize the Secretary of the Army to donate excess retical performance equal to or greater than 2,000 furniture, and other excess property, of closed Army million theoretical operations per second. Page S6960 chapels to religious organizations that have suffered Grams Amendment No. 422 (to Amendment No. damage or destruction of property as a result of acts 420), to require the Comptroller General of the of arson or terrorism. Pages S6976±77 United States to conduct a study on the availability Levin (for Bingaman) Amendment No. 649, to and potential risks relating to the sale of certain provide for increased administrative flexibility and computers. Page S6960 efficiency in the management of the Junior Reserve Coverdell (for Inhofe/Coverdell/Cleland) Amend- Officers’ Training Corps. Pages S6977±78 ment No. 423, to define depot-level maintenance Thurmond (for Jeffords) Amendment No. 746, to and repair, to limit contracting for depot-level main- require the procurement of recycled copier paper by tenance and repair at installations approved for clo- the Department of Defense. Page S6978 sure or realignment in 1995, and to modify authori- Levin (for Harkin/Durbin) Amendment No. 747, ties and requirements relating to the performance of to improve the provisions on depot, inventory, and core logistics functions. Page S6960 financial management reform. Pages S6978±79

D707 D708 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 1997 Lugar Modified Amendment No. 658, to increase Senate will continue consideration of the bill on (with offsets) the funding, and to improve the au- Wednesday, July 9, 1997. thority, for cooperative threat reduction programs Removal of Injunction of Secrecy: The injunction and related Department of Energy programs. of secrecy was removed from the following treaties: Pages S6960, S6974±75 Extradition Treaty with Luxembourg (Treaty Doc. Gorton Amendment No. 645, to provide for the 105–10); implementation of designated provider agreements Mutual Legal Assistance Treaty with Luxembourg for uniformed services treatment facilities. (Treaty Doc. 105–11); and Pages S6961±62 Mutual Legal Assistance Treaty with Poland Wellstone Amendment No. 669, to provide funds (Treaty Doc. 105–12). for the bioassay testing of veterans exposed to ioniz- The treaties were transmitted to the Senate today, ing radiation during military service. Pages S6962±63 considered as having been read for the first time, and Wellstone Modified Amendment No. 668, to re- referred, with accompanying papers, to the Commit- quire the Secretary of Defense to transfer tee on Foreign Relations and ordered to be printed. $400,000,000 to the Secretary of Veterans’ Affairs to Pages S7027±28 provide funds for veterans’ health care and other pur- Nominations Received: Senate received the follow- poses. Pages S6963±64, S6987 ing nominations: Cleland Amendment No. 712, to express the sense Richard Dale Kauzlarich, of Virginia, to be Am- of Congress reaffirming the commitment of the bassador to the Republic of Bosnia and Herzegovina. United States to provide quality health care for mili- Donna Jean Hrinak, of Virginia, to be Ambas- tary retirees. Pages S6964±65, S6967 sador to the Republic of Bolivia. Wellstone Modified Amendment No. 670, to re- 1 Air Force nomination in the rank of general. quire the Secretary of Defense to transfer $5,000,000 3 Army nominations in the rank of general. to the Secretary of Agriculture to provide funds for Routine lists in the Army, Air Force, Marine outreach and startup for the school breakfast pro- Corps, and Navy. Pages S7028±34 gram. Pages S6967±68, S6987 Communications: Pages S6989±90 Wellstone Modified Amendment No. 666, to pro- vide for the transfer of funds for Federal Pell Grants. Statements on Introduced Bills: Pages S6990±S7012 Pages S6968±70, S6987 Additional Cosponsors: Pages S7013±14 Gorton/Murray/Feinstein Amendment No. 424, to Amendments Submitted: Pages S7014±20 reestablish a selection process for donation of the USS Missouri. Pages S6981±85 Notices of Hearings: Page S7020 Murkowski Modified Amendment No. 753, to re- Authority for Committees: Page S7020 quire the Secretary of Defense to submit a report to Additional Statements: Pages S7020±27 Congress on the options available to the Department of Defense for the disposal of chemical weapons and Record Votes: One record vote was taken today. agents. Pages S6985±86 (Total—161) Page S6974 Kyl Amendment No. 607, to impose a limitation Adjournment: Senate convened at 10 a.m., and ad- on the use of Cooperative Threat Reduction funds journed at 6:55 p.m., until 9:15 a.m., on Wednes- for destruction of chemical weapons. Pages S6987±88 day, July 9, 1997. (For Senate’s program, see the re- Kyl Amendment No. 605, to advise the President marks of the Majority Leader in today’s Record on and Congress regarding the safety, security, and reli- page S7028.) ability of United States Nuclear weapons stockpile. Pages S6988±89 Committee Meetings During consideration of this measure today, Senate also took the following action: (Committees not listed did not meet) By 46 yeas to 45 nays (Vote No. 161), three-fifths of those Senators duly chosen and sworn not having ELECTRIC UTILITY RESTRUCTURING voted in the affirmative, Senate failed to agree to Committee on Agriculture, Nutrition, and Forestry: Com- close further debate on the bill. Page S6974 mittee concluded hearings to examine the effects of A second motion was entered to close further de- potential electricity deregulation on rural America bate on the bill, and in accordance with the provi- and the Rural Utilities Service electric loan program, sions of Rule XXII of the Standing Rules of the after receiving testimony from Wally Beyer, Admin- Senate, a vote on the cloture motion will occur on istrator, Rural Utilities Service, Department of Agri- Thursday, July 10, 1997. Page S6989 culture; Robert E. Robertson, Associate Director, July 8, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D709 Food and Agriculture Issues, Resources, Community, Subcommittee recessed subject to call. and Economic Development Division, General Ac- counting Office; Cynthia A. Marlette, Associate NORTH KOREA General Counsel, Federal Energy Regulatory Com- Committee on Foreign Relations: Subcommittee on East mission, Department of Energy; Cody L. Graves, Asian and Pacific Affairs concluded hearings on the Oklahoma City, Oklahoma, on behalf of the Okla- future stability of North Korea, after receiving testi- homa Corporation Commission; Glenn English, Na- mony from Charles Kartman, Acting Assistant Sec- tional Rural Electric Cooperative Association, Ar- retary of State for East Asian and Pacific Affairs; lington, Virginia; David K. Owens, Edison Electric Kurt M. Campbell, Deputy Assistant Secretary of Institute, Washington, D.C.; and Robert Haug, Iowa Defense for East Asian and Pacific Affairs; Charles Association of Municipal Utilities, Ankeny. K. Armstrong, Columbia University, New York, APPROPRIATIONS—DEFENSE New York; and Andrew S. Natsios, World Vision, Committee on Appropriations: Subcommittee on Defense and Marcus Noland, Institute for International Eco- approved for full committee consideration an original nomics, both of Washington, D.C. bill making appropriations for the Department of Defense for the fiscal year ending September 30, CAMPAIGN FINANCE INVESTIGATION 1998. Committee on Governmental Affairs: Committee began APPROPRIATIONS—ENERGY AND WATER hearings to examine certain matters with regard to DEVELOPMENT the committee’s special investigation on campaign fi- nancing. Committee on Appropriations: Subcommittee on Energy Hearings continue tomorrow. and Water Development approved for full committee consideration an original bill making appropriations MILITARY SURPLUS DISPOSAL for energy and water development programs for the fiscal year ending September 30, 1998. Committee on the Judiciary: Subcommittee on Admin- istrative Oversight and the Courts concluded over- CONGO sight hearings of the Federal Government’s adminis- Committee on Foreign Relations: Subcommittee on Afri- trative process for disposing of surplus military parts can Affairs held hearings to examine United States and equipment, after receiving testimony from policy and the prospects for a stable democracy with Bonni Tischler, Assistant Commissioner, Office of regard to recent developments within the Demo- Investigations, Lee Dolan, Senior Special Agent, and cratic Republic of the Congo, receiving testimony John Hensley, Special Agent in Charge, all of the from William H. Twaddell, Acting Assistant Sec- United States Customs Service, Department of the retary of State for African Affairs; Richard McCall, Treasury; Capt. Randle D. Bales, USN, Associate Ex- Chief of Staff, United States Agency for International ecutive Director for Materiel Management, and Jack Development; Peter Rosenblum, Harvard University W. Blackway, DOD Demilitarization Program Man- Law School, Cambridge, Massachusetts; and Chester ager, both of the Defense Logistics Agency, Depart- Crocker, Georgetown University, former Assistant ment of Defense; and David B. Barrington, Mem- Secretary of State for African Affairs, and Kirpatrick phis, Tennessee, former Criminal Investigator, Trade J. Day, Refugees International, both of Washington, Security Control Branch, Criminal Investigations Ac- D.C. tivity, Defense Logistics Agency. h House of Representatives agencies for the fiscal year ending September 30, Chamber Action 1998 (H. Rept. 105–163); Bills Introduced: 11 public bills, H.R. 2108–2118, Filed on July 3: H.R. 10, to enhance competition and 2 resolutions, H. Con. Res. 109–110, were in- in the financial services industry by providing a pru- troduced. Pages H4912±13 dential framework for the affiliation of banks, securi- Reports Filed: Reports were filed as follows: ties firms, and other financial service providers, Filed on July 1: H.R. 2107, making appropria- amended (H. Rept. 105–164 Part I); tions for the Department of the Interior and related H.R. 2018, to waive temporarily the Medicaid en- rollment composition rule for the Better Health Plan D710 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 1997 of Amherst, New York, amended (H. Rept. a yea-and-nay vote of 399 yeas with none voting 105–165); ‘‘nay’’, Roll No. 246. Earlier, agreed to the Commit- H.R. 1198, to direct the Secretary of the Interior tee amendment in the nature of a substitute. to convey certain land to the City of Grants Pass, Pages H4846±51, H4876±77 Oregon, amended (H. Rept. 105–166); Suspensions: The House agreed to suspend the rules S.J. Res. 29, to direct the Secretary of the Interior and pass the following measures: to design and construct a permanent addition to the Franklin Delano Roosevelt Memorial in Washington, Franklin Delano Roosevelt Memorial: S.J. Res. D.C. (H. Rept. 105–167); 29, to direct the Secretary of the Interior to design H.R. 822, to facilitate a land exchange involving and construct a permanent addition to the Franklin private land within the exterior boundaries of Delano Roosevelt Memorial in Washington, D.C. Wenatchee National Forest in Chelan County, (passed by a yea-and-nay vote of 363 yeas to 39 Washington to Facilitate a Land Exchange Within nays, Roll No. 247); Pages H4851±53, H4877 the Wenatchee National Forest in Chelan County, Wenatchee National Forest, Washington: H.R. Washington, amended (H. Rept. 105–168); 822, amended, to facilitate a land exchange involv- H.R. 1658, to reauthorize and amend the Atlantic ing private land within the exterior boundaries of Striped Bass Conservation Act and related laws, Wenatchee National Forest in Chelan County, amended (H. Rept. 105–169); Washington to Facilitate a Land Exchange Within H.R. 951, to require the Secretary of the Interior the Wenatchee National Forest in Chelan County, to exchange certain lands located in Hinsdale, Colo- Washington; Page H4853 rado (H. Rept. 105–170); Land Exchange in Hinsdale, Colorado: H.R. H.R. 960, to validate certain conveyances in the 951, to require the Secretary of the Interior to ex- City of Tulare, Tulare County, California, amended (H. Rept. 105–171); change certain lands located in Hinsdale, Colorado; H. Res. 179, providing for consideration of H.R. Page H4853±54 1775, to authorize appropriations for fiscal year 1998 Land Conveyances in Tulare, California: H.R. for intelligence and intelligence-related activities of 960, amended, to validate certain conveyances in the the United States Government, the Community City of Tulare, Tulare County, California; Management Account, and the Central Intelligence Pages H4854±57 Agency Retirement and Disability System (H. Rept. Land Conveyance to Grants Pass, Oregon: H.R. 105–172); and 1198, amended to direct the Secretary of the Interior H. Res. 180, providing for consideration of H.R. to convey certain land to the City of Grants Pass, 858, to direct the Secretary of Agriculture to con- Oregon; Page H4857 duct a pilot project on designated lands within Plumas, Lassen, and Tahoe National Forests in the Atlantic Striped Bass Conservation Act: H.R. State of California to demonstrate the effectiveness of 1658, amended, to reauthorize and amend the Atlan- the resource management activities proposed by the tic Striped Bass Conservation Act and related laws Quincy Library Group and to amend current land (passed by a yea-and-nay vote of 399 yeas to 8 nays, and resource management plans for these national Roll No. 248); Pages H4858±60, H4877±78 forests to consider the incorporation of these resource Codify Laws Related to Transportation: H.R. management activities (H. Rept. 105–173). 1086, amended, to codify without substantive Page H4912 change laws related to transportation and to improve Speaker Pro Tempore: Read a letter from the the United States Code; Pages H4860±64 Speaker wherein he designated Representative Petri Prohibition on Financial Transactions with to act as Speaker pro tempore for today. Page H4839 Countries Supporting Terrorism: H.R. 748, amend- Recess: The House recessed at 1:00 p.m. and recon- ed, to amend the prohibition of title 18, United vened at 2:00 p.m. Page H4843 States Code, against financial transactions with ter- Corrections Calendar—Prohibiting Illegal Aliens rorists (passed by a yea-and-nay vote of 377 yeas to from Receiving Relocation Allowance: On the 33 nays with 1 voting ‘‘present’’, Roll No. 249); call of the Corrections Calendar, the House passed Pages H4864±68, H4878±79 H.R. 849, to prohibit an alien who is not lawfully Law Enforcement Technology Advertisement present in the United States from receiving assist- Clarification: H.R. 1840, to provide a law enforce- ance under the Uniform Relocation Assistance and ment exception to the prohibition on the advertising Real Property Acquisition Policies Act of 1970, by of certain electronic devices; Page H4868 July 8, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D711 Telemarketing Fraud Prevention Act: H.R. 1847, amended, to improve the criminal law relating Committee Meetings to fraud against consumers; Pages H4868±72 VA-HUD-INDEPENDENT AGENCIES Protection of Children from Abduction and Ex- APPROPRIATIONS ploitation: H. Res. 154, expressing the sense of the Committee on Appropriations: Ordered reported the VA, House that the Nation’s children are its most valu- HUD and Independent Agencies appropriations for able assets and that their protection should be the fiscal year 1998. Nation’s highest priority; and Pages H4872±73 DEPARTMENT OF DEFENSE Better Health Plan of Amherst, New York: H.R. APPROPRIATIONS 2018, amended, to waive temporarily the Medicaid Committee on Appropriations: Subcommittee on Na- enrollment composition rule for the Better Health tional Security met in executive session to begin Plan of Amherst, New York. Pages H4873±74 markup of the Department of Defense appropriations Military Construction Appropriations: By a yea- for fiscal year 1998. and-nay vote of 395 yeas to 14 nays, Roll No. 250, Will continue tomorrow. the House passed H.R. 2016, making appropriations for military construction, family housing, and base EDUCATION—PROGRESS OF TEACHER realignment and closure for the Department of De- TRAINING PROGRAMS fense for the fiscal year ending September 30, 1998, Committee on Education and the Workforce: Subcommit- Pages H4879±91 tee on Oversight and Investigations held a hearing A point of order was sustained against the McCol- on ‘‘Education at a Crossroads, What Works, What’s lum amendment that sought to prohibit any military Wasted’’ in Teacher Training Programs. Testimony construction funding for the Naval Nuclear Power was heard from the following officials of the Depart- Propulsion Training Center in Charleston, South ment of Education: Robert Seabrooks, Deputy As- Carolina. Pages H4888±90 sistant Inspector General, Audit; and Daniel Earlier, agreed to H. Res. 178, the rule that pro- Kasprzyk, Program Director, School and Staffing vided for consideration of H.R. 2016 by voice vote. Survey, National Center for Education Statistics; and Pages H4874±76 public witnesses. Recess: The House recessed at 4:48 p.m. and recon- PERFORMANCE BASED ORGANIZATIONS vened at 5:15 p.m. Page H4876 Committee on Government Reform and Oversight: Sub- Commission to Assess Efforts to Combat the committee on Government Management, Informa- Proliferation of Weapons of Mass Destruction: tion, and Technology held a hearing on ‘‘Perform- Read a letter from the Minority Leader wherein he ance Based Organizations’’. Testimony was heard appointed Mr. Tony Beilenson of Maryland to the from John Koskinen, Deputy Director, Management, Commission to Assess the Organization of the Fed- OMB; J. Christopher, Mihm, Acting Associate Di- eral Government to Combat the Proliferation of rector, Federal Management and Workforce Issues, Weapons of Mass Destruction. Page H4891 General Government Division, GAO; Maj. Gen. Commission on the Advancement of Federal Richard E. Beale, Jr., USA (Ret.), Director, Defense Law Enforcement: Read a letter from the Minority Commissary Agency, Department of Defense; Ed- Leader wherein he appointed Mr. Gilbert Gallegos of ward Kazenske, Deputy Assistant Commissioner, New Mexico to the Commission on the Advance- Patents, Patent and Trademark, Department of Com- ment of Federal Law Enforcement. Page H4891 merce; David Sanders, Deputy Administrator, Saint Amendments: Amendments ordered printed pursu- Lawrence Seaway Development Corporation; and ant to the rule appear on pages H4914–18. public witnesses. Senate Messages: Messages received by the Clerk on COMMITTEE BUSINESS June 30 and messages received today from the Senate Committee on House Oversight: Met and considered appear on pages H4839 and H4843. pending committee business. Quorum Calls—Votes: Five yea-and-nay votes de- INTELLIGENCE AUTHORIZATION ACT veloped during the proceedings of the House today Committee on Rules: Granted, by voice vote, a modi- and appear on pages H4876–77, H4877, H4878, fied open rule providing 1 hour of debate on H.R. H4878–79, and H4890–91. There were no quorum 1775, Intelligence Authorization Act for Fiscal Year calls. 1998. The rule makes in order the committee Adjournment: Met at 12:30 p.m. and adjourned at amendment in the nature of a substitute now print- 9:59 p.m. ed in the bill as an original bill for the purpose of D712 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 1997 amendment and said substitute shall be considered lief and Subcommittee on Housing Opportunity and by title and shall considered as read. The rule waives Community Development, to hold hearings on problems points of order against the committee amendment surrounding the mortgage origination process and the im- for failure to comply with clause 7 of rule XVI (ger- plementation of the Real Estate Settlement Procedures maneness) and clauses 5(a) and 5(b) of rule XXI Act and the Truth in Lending Act, 10 a.m., SD–538. (prohibiting appropriations on an authorization bill, Committee on Energy and Natural Resources, to hold joint hearings with the House Resources Committee to review and prohibiting the consideration of tax or tariff the final draft of the Tongass Land Management Plan, 11 measures which have not been reported by the Com- a.m., SD–366. mittee on Ways and Means, respectively). The rule Committee on Governmental Affairs, to continue hearings provides for consideration of only those amendments to examine certain matters with regard to the commit- that have been pre-printed in the Congressional tee’s special investigation on campaign financing, 9 a.m., Record. Finally, the rule provides one motion to re- SH–216. commit, with or without instructions. Testimony Committee on the Judiciary, to hold hearings to examine was heard from Chairman Goss and Representative encryption, recovery, and privacy protection issues in the Dicks. information age, 10 a.m., SD–226. Committee on Rules and Administration, to hold a briefing QUINCY LIBRARY GROUP FOREST on the status of the investigation into the contested U.S. RECOVERY AND ECONOMIC STABILITY Senate election held in Louisiana in November 1996, ACT 2:30 p.m., SR–301. Committee on Rules: Granted, by voice vote, a modi- Select Committee on Intelligence, to hold closed hearings on fied closed rule providing 1 hour of debate on H.R. intelligence matters, 2:30 p.m., SH–219. 858, Quincy Library Group Forest Recovery and Economic Stability Act of 1997. The rule provides House that in lieu of the Resources Committee amendment, Committee on Agriculture, Subcommittee on Forestry, Re- that the amendment in the nature of a substitute source Conservation, and Research, hearing to review ag- printed in the Congressional Record and numbered ricultural extension and education programs, 9:30 a.m., 1 shall be considered as an original bill for the pur- 1300 Longworth. poses of amendment, and provides that the amend- Committee on Appropriations, to mark up the following appropriations for fiscal year 1998: Agriculture, Rural ment shall be considered as read. The rule waives Development, Food and Drug Administration, and Relat- clause 7 of rule XVI (germaneness) and 5(a) of rule ed Agencies; and the Foreign Operations, Export Financ- XXI (appropriating in a legislative bill) against the ing and Related Programs, 2 p.m., 2359 Rayburn. amendment in the nature of a substitute printed in Subcommittee on National Security, executive, to con- the Congressional Record. The rule provides that the tinue mark up of the Department of Defense appropria- amendment offered by Representative Miller of Cali- tions for fiscal year 1998, 9 a.m., H–140 Capitol. fornia or his designee shall be considered as read, Committee on Banking and Financial Services, to mark up shall be debatable for 1 hour equally divided and H.R. 1370, to reauthorize the Export-Import Bank of the controlled by the proponent and an opponent, and United States, 2:00 p.m., 2128 Rayburn. shall not be subject to amendment. Finally, the rule Subcommittee on Domestic and International Monetary provides one motion to recommit, with or without Policy, hearing on a Federal Role in Electronic Authen- instructions. Testimony was heard from Chairman tication, 10:00 a.m., 2128 Rayburn. Young and Representatives Herger and Miller of Committee on Commerce, Subcommittee on Energy and Power, hearing on Electricity: Public Power, TVA, BPA, California. and Competition, 10 a.m., 2123 Rayburn. f Committee on Education and the Workforce, hearing on H.R. 1625, Worker Paycheck Fairness Act, 10:30 a.m., COMMITTEE MEETINGS FOR 2175 Rayburn. WEDNESDAY, JULY 9, 1997 Subcommittee on Early Childhood, Youth, and Fami- (Committee meetings are open unless otherwise indicated) lies, hearing on the Authorization of the Older Americans Act, 2 p.m., 2175 Rayburn. Senate Committee on Government Reform and Oversight, Sub- Committee on Armed Services, to hold hearings on the committee on National Security, International Affairs, nominations of Gen. Wesley K. Clark, USA, to be Com- and Criminal Justice, hearing on International Drug Con- mander-in-Chief, United States European Command, and trol Policy: Colombia, 1:00 p.m., 2154 Rayburn. Lt. Gen. Anthony C. Zinni, USMC, to be Commander- Committee on International Relations, Subcommittee on in-Chief, United States Central Command, 9 a.m., International Economic Policy and Trade, hearing on Fast SR–222. Track, NAFTA, Mercosur and Beyond: Does the Road Committee on Banking, Housing, and Urban Affairs, Sub- Lead to a Future Free Trade Area of the Americas?, 2:00 committee on Financial Institutions and Regulatory Re- p.m., 2172 Rayburn. July 8, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D713

Committee on the Judiciary, Subcommittee on the Con- federally funded cemetery to persons convicted of certain stitution, to mark up H.R. 1909, Civil Rights Act of capital crimes, 10:00 a.m., 334 Cannon. 1997, 2 p.m., 2226 Rayburn. Committee on Rules, to consider H.R. 2107, making ap- Joint Meetings propriations for the Department of the Interior and relat- Joint Economic Committee, to hold hearings to examine ed agencies for the fiscal year ending September 30, tradable emissions, focusing on proposals to establish a 1998, 4 p.m., H–313 Capitol. Federal tradable emissions initiative to reduce environ- Committee on Transportation and Infrastructure, Sub- mental problems such as rain and minimize regulatory committee on Water Resources and Environment, hearing costs, preserve jobs, and lower production and consumer on Ocean and Coastal Issues, 10:00 a.m., 2167 Rayburn. costs, 10 a.m., 2325 Rayburn Building. Committee on Veterans’ Affairs, hearing on the following Joint Hearing, Senate Committee on Energy and Natu- bills: S. 923, to deny veterans benefits to persons con- ral Resources, to hold joint hearings with the House Re- victed of Federal capital offenses; and H.R. 2040, to sources Committee to review the final draft of the amend title 38, United States Code, to deny burial in a Tongass Land Management Plan, 11 a.m., SD–366. D714 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Wednesday, July 9 10 a.m., Wednesday, July 9

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of H.R. 848, Senators for speeches and the transaction of any morning Quincy Library Group Forest Recovery and Economic Sta- business (not to extend beyond 11 a.m.), Senate will re- bility Act (modified closed rule, 1 hour of debate); and sume consideration of S. 936, DOD Authorizations. Consideration of H.R. 1775, Intelligence Authorization Act (modified open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Jon D., Pa., E1374 Mink, Patsy T., Hawaii, E1372 Frank, Barney, Mass., E1370 Norton, Eleanor Holmes, D.C., E1369 Barrett, Thomas M., Wisc., E1375 Gallegly, Elton, Calif., E1374 Pascrell, Bill, Jr., N.J., E1365, E1367, E1368, E1370 Bereuter, Doug, Nebr., E1366 Gingrich, Newt, Ga., E1365 Pitts, Joseph R., Pa., E1369 Bonior, David E., Mich., E1368 Hamilton, Lee H., Ind., E1366, E1369 Radanovich, George P., Calif., E1368 Burr, Richard, N.C., E1375 Kelly, Sue W., N.Y., E1369 Shays, Christopher, Conn., E1374 Coble, Howard, N.C., E1376 Kleczka, Gerald D., Wisc., E1371 Stokes, Louis, Ohio, E1367 Combest, Larry, Tex., E1374 Klink, Ron, Pa., E1372, E1374 Traficant, James A., Jr., Ohio, E1373 Davis, Danny K., Ill., E1366 Kucinich, Dennis J., Ohio, E1372 Visclosky, Peter J., Ind., E1366 Davis, Thomas M., Va., E1372 Levin, Sander M., Mich., E1375 Waxman, Henry A., Calif., E1374 Ewing, Thomas W., Ill., E1368 Lewis, Jerry, Calif., E1368 Forbes, Michael P., N.Y., E1367 Maloney, Carolyn B., N.Y., E1375

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