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

Vol. 142 WASHINGTON, TUESDAY, SEPTEMBER 17, 1996 No. 128 House of Representatives

The House met at 12:30 p.m. and was We still have a lot of work to do. The The Democrats in Congress are also called to order by the Speaker pro tem- President vetoed our balanced budget. making plans to repeal the welfare re- pore [Mr. HANCOCK]. He vetoed tax cuts for working fami- form bill signed by the President, and f lies. And he has consistently pushed for they have not given up on the idea of more wasteful, Washington spending. having the Government take over our DESIGNATION OF SPEAKER PRO Democrats in Congress are leading health care system. The Democrat TEMPORE the reaction against common sense. I agenda remains, as always, to put the The SPEAKER pro tempore laid be- respect many Members of this body for Government first. They want more fore the House the following commu- standing up for their liberal philoso- Government spending, more Govern- nication from the Speaker: phy. For instance, the gentleman from ment control, more Government influ- WASHINGTON, DC, New York [Mr. RANGEL], who is poised ence over the lives of the American September 17, 1996. to become the chairman of the com- people. I hereby designate the Honorable MEL HAN- mittee that oversees taxes in the Con- COCK to act as Speaker pro tempore on this gress should the Democrats regain con- Mr. Speaker, if the Democrats regain day. trol of the House, has become the chief control of the Congress, they will re- NEWT GINGRICH, defender of the Internal Revenue Serv- verse the great progress we made over Speaker of the House of Representatives. the last 2 years to make the Federal f ice. He says, and I quote: ‘‘We have the best and fairest tax collection system Government work better for working MORNING BUSINESS in the world.’’ Americans. The SPEAKER pro tempore. Pursu- In other words, if Democrats regain I urge my colleagues and the Amer- ant to the order of the House of May 12, control of the Congress, we can just ican people to take notice. When they 1995, the Chair will now recognize forget about tax relief for working vote this November, they have a choice Members from lists submitted by the families. of moving forward with an agenda of majority and minority leaders for Liberals are also thinking of ways to commonsense change or moving back- morning hour debates. The Chair will cut defense spending to pay for social ward to the old days of higher taxes, alternate recognition between the par- welfare programs. The gentleman from more wasteful Washington spending, ties, with each party limited to not to California, Mr. GEORGE MILLER, has and a bigger, more intrusive Federal exceed 30 minutes, and each Member asked and I quote: ‘‘Do we really have Government. except the majority and minority lead- to be prepared to fight two wars simul- Mrs. SCHROEDER. Mr. Speaker, will ers limited to not to exceed 5 minutes. taneously,’’ rather than pay for social The Chair recognizes the gentleman welfare spending? the gentleman yield? from Texas [Mr. DELAY] for 5 minutes. In other words, if Democrats regain Mr. DELAY. I yield to the gentle- f control, we can count on them to slash woman from Colorado. defense spending to pay for wasteful THE CHOICE THIS NOVEMBER Mrs. SCHROEDER. Mr. Speaker, does Washington spending. the gentleman think the Democrats Mr. DELAY. Mr. Speaker, as the No- It is no secret that Democrats in the have a chance of taking over? I find vember elections edge ever closer, the Congress will repeal our efforts at tort this exciting. American people will be presented with reform. They will work with their a historic choice: They can choose to friends, the trial lawyers, as they have Mr. DELAY. Not at all. move forward with commonsense over the years, to try to repeal tort re- Mrs. SCHROEDER. I am sitting on change or they can fall back to the old form. And according to the Washington this side of the aisle saying, wow, this ways of doing business in the Congress. Post, if the gentleman from Michigan, is wonderful. The Republican Congress has worked Mr. JOHN DINGELL, becomes chairman very hard to enact commonsense of the Committee on Commerce, he Mr. DELAY. Mr. Speaker, reclaiming change. It has passed the first balanced will, ‘‘reexamine GOP legislation cap- my time, not at all. I am just reporting budget in a generation, while cutting ping awards in civil damage suits and what has been reported by those that taxes for working families. It has cut limiting investor suits.’’ wish that they could take over. But, wasteful Washington spending, passed In other words, if Democrats get con- no, worse case scenario we will gain 8 historic health care reform, brought trol of Congress again, we can just for- to 10 seats. commonsense changes to our legal sys- get about any commonsense legal re- Mr. Speaker, I yield back the balance tem, and reformed the welfare state. form. of my time.

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.

H10431 H10432 CONGRESSIONAL RECORD — HOUSE September 17, 1996 GUAM’S ROLE IN OPERATIONS IN given additional consideration rather grown in Bolivia, Peru, and Colombia. THE MIDDLE EAST than less consideration and Guam We know its transit points, and we can The SPEAKER pro tempore. Under should be treated according to its con- stop it inexpensively at its source. Yet, the Speaker’s announced policy of May tribution rather than utilized on the he dismantled, he gutted this program. 12, 1995, the gentleman from Guam [Mr. basis of its value. Then finally the ultimate insult to UNDERWOOD] is recognized during Mr. Speaker, we have some legisla- the American people and to the Con- morning business for 5 minutes. tion on the return of land to the Gov- gress and to the high office of the Pres- Mr. UNDERWOOD. Mr. Speaker, yes- ernment of Guam once the military no idency, the White House, which is sup- terday on Guam, the first of some 2,500 longer needs it and declares it excess. posed to set the standard for Ameri- Kurdish refugees arrived as part of Op- The lands in question have been identi- cans, to set the highest level of per- eration Pacific Haven. The movement fied as potentially releasable. The formance of acceptability in our soci- of these Kurdish refugees who have lands in question were condemned by ety and our Government. What did been associated with United States military officials and adjudicated in they do? Things got so bad in the folks Government activities is timely and military courts on Guam in the period that they were employing, and I sat on necessary and makes good on an im- from 1945 to 1949, before civil govern- the committee that heard this testi- plicit American commitment to their ment was re-established. mony and was appalled. The Secret safety. The legislation which we seek simply Service was so alarmed that folks were As was the case 2 weeks ago with the puts Guam at the head of the line over being hired with recent and past drug B–52 strikes on Iraq, the role of Guam other Federal agencies when the De- use histories, and we are not talking in the events unfolding in the Middle partment of Defense decides that they about marijuana here folks, we are East is of enormous importance and no longer need the land. We are not talking about hallucinogenic drugs. We consequence to our country’s actions. asking the DOD to release land they are talking about crack, about cocaine. Although any map will clearly show need to conduct these operations; we We are talking about hard drugs being that the utilization of Guam might not are asking them to release land which acceptable, used in the past, recent make geographic sense for Operation their own planners have indicated they past in some cases for employment in Pacific Haven, any understanding of no longer need. We are not asking to go the White House. today’s world shows that Guam is one beyond Federal laws in how the land is Mr. Speaker, this is not acceptable. of the few reliable places which this to be handled; we are only asking that And this is what has been done by this country can use in a moment’s notice. given Guam’s unique history and given administration, what has been done by Without Guam, a reliable United Guam’s unique contribution, that this President, and this is the result. States base, American military flexi- Guam be placed at the head of the line This is the result in my community. bility is reduced. For the military for releasable property. Look at this headline: Long Out of planners managing the Mideast crisis, This is a good deal for Guam, but it Sight, Heroin Is Back Killing Teens. In Guam is between Iraq and a hard place. is more than that. It is a fair deal for the past year central Florida has had Given the cumbersome need for fly- all concerned. I urge the members of more teenage heroin deaths than all over rights as well as the need to seek this institution to support this legisla- the rest of the State. prior approval of allies, our Nation’s tion and I hope that the administration It is epidemic among our children. mobility and capacity for independent will now support this legislation. This is the result. Look at this: With action must increasingly rely on mo- f Reagan and Bush, drug use and abuse bile forces, friendly faces, and depend- went down in this country among our DRUG ABUSE AND MISUSE UNDER able bases. Guam fits this bill and is teenagers. And in 1992 it starts to shoot THE CLINTON ADMINISTRATION proud to play a key role in both the off the charts. Look at how it has af- strikes against Iraq and the on-going The SPEAKER pro tempore. Under fected our children with heroin, with humanitarian mission for providing the Speaker’s announced policy of May crack, with marijuana, with hallucino- safe haven in the Pacific for the Kurd- 12, 1995, the gentleman from Florida genic drugs. It is epidemic. ish refugees. [Mr. MICA] is recognized during morn- We now have 1.6 million Americans I am grateful for the advance notice ing business for 5 minutes. in our prisons across this country, and and consultation which the White Mr. MICA. Mr. Speaker, I come to 70 percent of the people that are in our House gave to my office for the latest the floor again today, I was here last prisons are there because of drug use operation and I hope this level of con- week, I was here last year, I was here and abuse. So we have set a bad exam- sultation will continue for any future every year since I was elected in 1992, ple from this White House and this ad- and sudden change in military activity to talk about the problem of drug ministration, and we can see the bad on Guam. I also urge the Department abuse and drug misuse in our country. results here, crime and death. of Defense to take all necessary steps I am here, sadly, 31⁄2 years later again b 1245 to ensure the safety of the refugees as talking about what has taken place well as the community of Guam during with this administration. We see across The wrong Americans, too, are be- the time that it takes to process the our great land and in my district the hind bars. Our elderly and senior citi- refugees for resettlement in the con- results of what has taken place. Mr. zens across this Nation are afraid to go tinental United States. Speaker, let me recap what has taken out at night because of the crime that But Mr. Speaker, while Guam re- place with this administration on the this has created. And we know, again, mains a cornerstone of America’s stra- question of drug use and drug abuse. that nearly 70 percent of those incar- tegic reach in the world, we on Guam First, this President came in, and cerated and convicted of crime are are at times concerned that we are ig- what did he do? He cut. He gutted, in drug-related incidents. nored in calmer times, at those times fact, the White House drug czar’s office But there is hope. This Congress, when we craft policy for the territories from 140 to just a handful of people. under the leadership of the gentleman and for Guam specifically. The next thing he did, he employed from Pennsylvania, Chairman CLINGER, Guam has had a long relationship as the chief health officer of our Nation under the leadership of the gentleman with the United States military—in Joycelyn Elders. Joycelyn Elders from New Hampshire, Chairman fact, Guam’s relationship with the began the campaign of just say maybe, ZELIFF, we are restoring the funds for United States in issues of land, immi- kids. Just try it, kids. Maybe we the drug czar’s office and the positions gration, political status change is al- should legalize it, kids. Sending out that were cut by this administration. ways evaluated with an eye to the con- that message, there was such an uproar We are bringing back together inter- sequences for America’s power projec- that she finally was dismissed. diction. We are going to use the mili- tion and strategic reach. Then the President took the step of tary. We are going to use the coast We are proud to play a part in the se- dismantling the drug interdiction pro- guard. We are going to stop drugs at curity of the world, but we should be gram. He dismantled it piece by piece, their source. rewarded for our role rather than pe- stopping drugs at their source. We Mr. Speaker, we are not going to just nalized or ignored. Guam should be know that cocaine, 100 percent of it is spend all the money on treatment. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10433 Spending all the money on treatment in Medicare cuts, a tax break mostly 46 percent 30 years ago. Today, 99 per- like Clinton wants us to do is, in fact, for the rich paid for by $270 billion in cent of America’s elderly have health like treating only the wounded in a Medicare cuts. care insurance. battle. We have to fight this with edu- At the same time in this legislation Mr. Speaker, Medicare has worked, cation, interdiction, enforcement, and were major cuts in student loans for but we would not know it from listen- treatment; all four. The leadership middle-class families, major cuts for ing to Speaker GINGRICH and Senator must start in this Congress, and it environmental protection, to pay for Dole. Senator Dole and Mr. GINGRICH must start at 1600 Pennsylvania Ave- inspectors, to pay for enforcement, to have made it clear that they oppose nue or we will see these results con- pay for environmental cleanup. All of these programs. They want to give tax tinue. that was in order to pay for the tax breaks for the wealthy and pay for it So, Mr. Speaker, it is not acceptable. break to go mostly to the wealthiest with Medicare cuts. It is not acceptable in my community. Americans. f I ask for assistance to help us make a Mr. Speaker, it got so bad, as we re- AGAIN, CLINTON IS PROPOSING positive change. call, several months ago that Speaker SOCIALIZED HEALTH CARE f GINGRICH and Senator Dole shut the Government down because President The SPEAKER pro tempore. Under DOLE TAX BREAKS FOR THE RICH Clinton vetoed their tax break, mostly the Speaker’s announced policy of May NOT FULLY EXPLAINED for the wealthy paid for with Medicare 12, 1995, the gentleman from Florida The SPEAKER pro tempore (Mr. cuts. President Clinton said: I will not [Mr. STEARNS] is recognized during HANCOCK). Under the Speaker’s an- give that kind of a tax break mostly to morning business for 5 minutes. nounced policy of May 12, 1995, the gen- the rich. I will not give the rich a tax Mr. STEARNS. Mr. Speaker, those tleman from Ohio [Mr. BROWN] is rec- break paid by Medicaid and Medicare who ignore history are doomed to re- ognized during morning business for 5 and student loan cuts and cuts in envi- peat it, so goes the saying, a careful re- minutes. ronmental protection. It simply did not minder to all of us that history teaches Mr. BROWN of Ohio. Mr. Speaker, make sense. us valuable lessons and that, if we former Senator Bob Dole has unveiled Mr. Speaker, the President was right. learn from the past, we can avoid re- his new economic plan to the American Those of us who stuck by the President peating the mistakes in the future. people. He has outlined a $550 billion on this side of the aisle were right, and Yet despite this very warning, Presi- tax break, mostly for the wealthy, but clearly that is what the American peo- dent Clinton and congressional Demo- he had not told us how he is going to ple reiterated over and over and over crats are plotting a course plagued by pay for that $550 billion tax break. again. We do not give tax breaks for controversy and opposition. One of Bob Dole’s advisers said, ‘‘He the rich and cut Medicare and cut Med- The past few weeks have been strik- has no plans to describe specifically icaid and cut student loans and cut en- ingly reminiscent of President Clin- what Federal programs he will cut vironmental protection to pay for ton’s first try at a nationalized Gov- until after the election.’’ them. ernment-run health care system. The Former Senator Dole, Citizen Dole, is The same folks who brought us the newspaper headlines of late are uncom- going around the country speaking to Government shutdown, the same folks fortably familiar. In fact, it is deja vu organizations promising each of them: who tried last year for a major cut in all over again. Recently in Florida, my I will not cut your programs. In fact, Medicare are back this year. Last year home State, President Clinton an- maybe I will increase your programs, the tax break was about $250 billion for nounced the formation of a comprehen- one group after another. the wealthy. This year the Dole tax cut sive commission charged with review- Yesterday, talking to some people is twice that, and he is not telling us ing the health care system and making about crime, he said: You want more how he is going to pay for it. So it is recommendations on how to improve prisons? I will double the amount of ap- clear the way that Senator Dole is the quality of care provided to patients propriations for Federal prisons. going to pay for this major tax break is and how to put in place more consumer So at the same time Senator Dole to go right at the heart of Medicare protections. Does that sound familiar? has said he will increase military and right at the heart of Medicaid and Then he endorsed the notion of man- spending to the tune of perhaps $30 or right at the heart of student loans and dating what types of benefits health $40 or $50 billion a year over the next 5 also right at the heart of environ- plans should provide and cover. Per- years, he wants to build star wars. He mental protection. That is clearly not haps that sounds familiar. wants to give this major tax break, in- what the American people want. He then endorsed the notion that the crease military spending, increase Mr. Speaker, the American people Federal Government should get in the money for prisons, increase this, in- last fall, early this winter, blamed middle of the contract negotiations be- crease that, but he will not tell us how Speaker GINGRICH and Senator Dole for tween private health care plans and he is going to pay for these hundreds the Government shutdown because private physicians. Of course that and hundreds of billions of dollars in they did not want to see these major sounds familiar. tax breaks that he says he will give the cuts in Medicaid and Medicare and stu- The President is clearly headed down American people. dent loans and the environment. Here a road we have all traveled together be- I think it is important then, Mr. we go again. Senator Dole wants to fore. Under the guise of consumer pro- Speaker, to look at where in fact this give tax breaks of twice that size, but tection, he is very boldly unveiling the money will come from. I think we only Senator Dole has learned something many pieces of his plan that was very have to turn the calendar back about 1 from his mistake because this year in familiar and soundly rejected by Con- year to figure out where Senator Dole this campaign, at least before the elec- gress and the American people only 2 will get the $550 billion to pay for the tion, he will not tell us that that in years ago. tax break, some couple hundred billion fact is what is going to happen; that it Mr. Speaker, we remember President over 4 or 5 years, to pay for military is going to be cuts in Medicare, cuts in Clinton’s Health Security Act. This spending increases; the tens of billions Medicaid, cuts in student loans, and was an aggressive plan developed by to pay for more prison construction; cuts in environmental protection. him behind closed doors by his experts. the other billions of dollars that Sen- Mr. Speaker, it is important that we His experts, of course, knew what was ator Dole has promised. understand Senator Dole’s and Speaker best for the American people. Mr. Speaker, I think we need to look GINGRICH’s attitude toward the Govern- We remember after months of secret back 1 year, turn the calendar back 1 ment program that has probably been discussion the experts had developed year to figure out how he is going to the best program Government has ever the ultimate answer to the rising pay for it. All of us remember about 14 put together, and that has been the health care costs. And of course, we re- months ago Speaker GINGRICH unveiled Medicare Program. Thirty years ago in member, despite polls indicating that the Republican plan to give a $200-and- 1965, when Lyndon Johnson signed what the American people wanted most some billion tax break mostly for the Medicare, only 46 percent of America’s from health care reform was port- rich, and to pay for it with $270 billion elderly had health care insurance; only ability of coverage and protection for H10434 CONGRESSIONAL RECORD — HOUSE September 17, 1996 preexisting conditions, which Repub- livery system. Just think, government have been convicted of domestic vio- licans passed. The President instead mandated, operated, and controlled lence problems are able to escape. proposed a complex federally con- health care with government doctors Again, when we look at the record, trolled health care system complete and nurses. there is absolutely no reason that we with guarantees, comprehensive cov- Mr. Speaker, President Clinton has should allow this to happen. So I really erage, Federal price controls and other deliberately begun to reconstruct our hope that everybody joins with me and proscriptive rules regarding how em- health care system. It is deja vu all we get that done before going home. ployers and health care providers over again. Mr. Speaker, we heard yesterday should all behave in the marketplace. f from both candidates a lot of discus- This of course would mean waiting sion about crime and what they were VIOLENCE IN THE HOME lines for all Americans, one-size-fits- going to do. I do not think we are ever all, dictated by bureaucrats. The SPEAKER pro tempore. Under going to solve totally the crime in the Remarkably, the President again is the Speaker’s announced policy of May street and the violence in the society talking about commissions, entitle- 12, 1995, the gentlewoman from Colo- until we crack the culture of violence ments, and government mandates rado [Mrs. SCHROEDER] is recognized in the home. which of course can only lead to price during morning business for 5 minutes. b 1300 Mrs. SCHROEDER. Mr. Speaker, I controls. Imagine if you are afraid to be out on First, entitlements. Mr. Speaker, am here today, first of all, to say that over the weekend I was very pleased to the street, if you are afraid to walk Congress passed some very important down the street; that is terrible, and hear the Speaker say he had no prob- legislation recently which gives the we have to do everything we can so lem with reporting to the floor the bill portability and preexisting conditions that Americans do not become pris- that I have been pushing for a very that we needed. And while the Presi- oners in their home and afraid to go long time. That is a bill that takes the dent proudly signed this piece of legis- outdoors. But think how much worse it Brady bill and says, if you are also lation, his campaign was eager to pro- is, Mr. Speaker, if you are also afraid found guilty of domestic violence pose an additional initiative under to go home because you get beat up at abuse, you should be denied the pur- which children and young adults would home, too. all be mandated with comprehensive chase of a gun. I think all of us under- I think that we have been too casual health care by the government. stand how terribly critical that is. about this for much too long a time. While all agree that children are a This bill passed unanimously in the And we have begun to make some real most valuable resource, the President’s other body, the Senate. Unanimously. progress with the Violence Against proposal is merely the first installment Not one vote against it. The President Women Act, with the Brady bill, with towards a nationalized socialized has promised he would sign this bill if the antiassault weapon ban, and now we could get it to him. He restated health care system under which the that we have Speaker GINGRICH saying government pays for all and provides that promise on the train as he was this could go forward, I hope it does, health care to all Americans. coming to the convention. So, I would because we need to keep making that A proposal has already been submit- hope that this body would at least get kind of progress. ted to Congress to mandate that em- that bill up there, now that the speak- If a child sees every dispute in the ployers provide coverage to workers be- er has said he had no problem with it. home solved with violence, I cannot tween the ages of 55 and 65, just prior He is the last remaining roadblock in think of anyone who can put together a to eligibility for Medicare. From here, getting that forward. good enough conflict resolution course it would only take a few steps to create So I hope everybody joins me in send- that they can teach in the school a an entitlement for the rest of the popu- ing a letter or speaking to the Speaker couple hours a week that would change lation. We should not be surprised that and getting it here before we go home. and overpower what the child learned Senator KENNEDY argues that social- If you know the history of violence in in the home. Examples are so much ized national health care system is the the home, there is a tremendous num- more powerful. ultimate goal. ber of incidents every single year So here is something we could do be- Again, although the notion of feder- where a weapon brings this to a ter- fore we go home that could make a real ally mandated benefits was rejected rible conclusion. difference. It would also save a tremen- during the Clinton health care reform Furthermore, the taxpayer funds dous amount of money on health care debate, the President has already en- most of the damage done by those because of the costs that we see every dorsed mandating a minimum length of weapons because people end up in the year in our emergency rooms. I am not stays in hospitals. Mandating the emergency wards in America. Very quite sure what we are doing here. I length of stay for illnesses such as flu. often 80 percent of those costs are fund- mean last week we hardly had any Mr. Speaker, what is next? Mandating ed by the taxpayer. This is one of the votes. September 30 is coming. That the length of stay for cosmetic sur- real drivers of high health care insur- means the whole government gets shut gery? ance or high health care costs in this down again. Following the years of double-digit country, the fact that we have not got- I see us doing all sorts of namby- increases in health care spending, the ten weapons brought down under con- pamby things. Why do we not do some cost of health care spending has finally trol. of these things that apparently we now begun to decline. Health plan pre- Mr. Speaker, while the Brady bill was have agreement? miums paid by large employers in- originally terribly controversial, peo- The other thing I hope that we would creased, on average, by a record-low 1.5 ple now, I think, are in total agree- be able to do after the Speaker’s ap- percent last year, while the premiums ment it should not be rolled back. It is pearance on television this week is get of certain types of managed care plans proven and has stopped all sorts of peo- the report out. He said he did not have actually declined. ple with criminal records from getting problems with that. I would hope that So here we are. We cannot guarantee a gun. I think every American feels we could get that done before we go that everybody gets all the benefits that criminals should not be able to go home, to have issues that have been and all the coverages without putting buy a gun, so that makes sense. floating around this House for 2 years, in some kind of price controls. And Our biggest problem is many States that is settled, I think needs to be set- that, of course, Mr. Speaker, is what have not lifted domestic violence con- tled before we go home. President Clinton will propose next. victions to the level of a felony. They f Price controls, as we all know, just do consider them a misdemeanor. Other not work. Quality of care will suffer as States have allowed people, even PREVENT GOVERNMENT investment research and innovation de- though it is considered a felony, to SHUTDOWNS clines. Jobs will be lost. Services will plead guilty to a lesser crime. There- The SPEAKER pro tempore (Mr. be rationed, and choices will decline. fore, when they do the checks for HANCOCK). Under the Speaker’s an- Eventually the government will have whether or not you should be able to nounced policy of May 12, 1995, the gen- to take over the entire health care de- buy the gun, an awful lot of people who tleman from Pennsylvania [Mr. GEKAS] September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10435 is recognized during morning business note that should bring shame on Amer- June 19, 1865, has been traditionally for 5 minutes. ican citizens and especially on Mem- associated with the end of slavery in Mr. GEKAS. Mr. Speaker, if you bers of Congress, that Government the Southwest. However, because of the want to see a shutdown of Government should shut down in the middle of hos- importance of the holiday, it did not occur again, then please ignore what I tilities? take long for Juneteenth celebrations have to say for the next 5 minutes. I That is just one example. Add to that to spread beyond the States in the have been struggling for a long time the chaos in which Federal employees Southwest and into other parts of the now to convince the Congress that we were put, the impossibility of getting a country. Today, due in large part to ought to engage in a proposal which passport, of having national parks shut the hard work and dedication of indi- would end the prospect of Government down, 100 other ills that have been viduals, like Lula Briggs Galloway and shutdown forever. We can do it very brought to the floor of the House in Dr. Ronald Meyer of the National Asso- easily. anecdote after anecdote by both Repub- ciation of Juneteenth lineage, who Each of the proposals that I have of- licans and Democrats as they followed have fought hard to revive and preserve fered to the Congress since 1989 has en- the effects of the Government shut- the Juneteenth celebration, the holi- compassed this concept, Mr. Speaker, down. day is celebrated by several million that if at the end of the fiscal year, We have now introduced, I am ready blacks and whites in more than 130 which is now looming upon us again as to introduce the newest version, the cities across the United States and September 30, the appropriations bills latest version of my bill which we Canada. In Texas and Oklahoma, have not been passed, then automati- called the Government Shutdown Pre- Juneteenth is an official State holiday. cally the next day those appropriations vention Act. This one has several co- As we prepare to revitalize the ob- bills that have not been passed shall sponsors. It follows the track of all the servance of Juneteenth as the true day automatically be passed, by virtue of legislation that I have heretofore in- of independence for African-Americans, instant replay, by adopting last year’s troduced. All of them, this one in- it is important that we acknowledge numbers. That would mean that never cluded, would prevent Government the historical as well as political sig- again would we ever have a Govern- shutdown forever. I cannot say it nificance of the celebration. We must ment shutdown. enough. That is so important. acknowledge, for example, that while Now, what does this mean in prac- This has the added feature of saying the slaves of Texas had cause to cele- tical terms? It means that the nego- that when the appropriations cycle brate the news of their freedom on tiators for the unfinished business of ends and there is no new appropria- June 19, 1865, the truth is that at the the Congress can continue to work on a tions, then it would revert to last time of General Granger’s historical full budget or to complete those appro- year’s lowest number or the House- pronouncement, the slaves were al- priations bills, but in the meantime we passed version or the Senate-passed ready legally free. This is because the would not have the chaos, unemploy- version, and then you take only 75 per- Emancipation Proclamation had be- ment, uncertainty, confusion, embar- cent of that. So 75 percent of those lev- come effective nearly 21⁄2 years ear- rassment and all the other negatives els would pass automatically into law, lier—on January 1, 1863. that accompany the shutdown of Gov- continuing the flow of Government and From a political standpoint, there- ernment. allowing the appropriators and the ne- fore, Juneteenth is significant because I believe that President Clinton gotiators to deal with the continuing it exemplifies how harsh and cruel the should have signed the appropriations appropriations and the balance of the consequences can be when a breakdown bills last time around, which would budget. in communication occurs between the have prevented the Government shut- I urge consideration by every Mem- Government and the American people. down, but it did not happen that way. ber of this legislation and invite their Yes, Mr. Speaker, the dehumanizing But if you passed my legislation, nei- cosponsorship. Prevent Government and degrading conditions of slavery ther the President nor the Congress shutdown. were unnecessarily prolonged for hun- would be at sword’s end to force a Gov- f dreds of thousands of black men, ernment shutdown. women, and children, because our JUNETEENTH Now, what happens if after the fiscal American Government failed to com- year is over and my bill comes into The SPEAKER pro tempore. Under municate the truth. play and already there is a continuing the Speaker’s announced policy of May As Juneteenth celebrations continue appropriation, shall we say? That does 12, 1995, the gentlewoman from Michi- to spread, so does a greater apprecia- not prevent even the establishment of gan [Miss COLLINS] is recognized during tion of African-American history. We a new temporary funding like a con- morning business for 5 minutes. must revive and preserve Juneteenth tinuing resolution by the negotiators. Miss COLLINS of Michigan. Mr. not only as the end of a painful chapter So we have the best of all worlds. Noth- Speaker, I rise today to introduce a bill in American history—but also as a re- ing would be stopped by the proposal that will recognize the significance of minder of the importance of preserving that I am setting forth here today. the oldest black celebration in Amer- the lines of communication between Only Government shutdown would be ican history, June 19—known affection- the powerful and powerless in our soci- prevented. ately as ‘‘Juneteenth.’’ This bill would ety. I remember and many of us do that recognize Juneteenth as the day of Juneteenth allows us to look back on in the winter of 1990, in December 1990, celebrating the end of slavery in the the past with an increased awareness as our young people, 500,000 strong, United States and as the true day of and heightened respect for the strength were amassing their strength in Saudi independence for African-Americans in of the African-American men, women, Arabia, poised to do battle to free Ku- this country. and children, who endured unspeakable wait in Desert Shield, as it was then Juneteenth is the traditional celebra- cruelties in bondage. Out of respect to known, we had the embarrassment of tion of the day on which the last slaves our ancestors, upon whose blood, the Government of the United States, in America were freed. Although slav- sweat, and tears, this great Nation was the patrons of those valiant young peo- ery was officially abolished in 1863, built, the bill I introduce today ac- ple, the Government in back of those news of freedom did not spread to all knowledges that African-Americans in valiant youngsters, shut down here in slaves for another 21⁄2 years—June 19, this country are not truly free, until Washington. They were in Saudi Ara- 1865. On that day, U.S. General Gordon the last of us are free. bia without a country. They tech- Granger, along with a regiment of The bill I introduce today, Mr. nically had no Government back home Union Army soldiers, rode into Gal- Speaker, recognizes June 19, 1865, as a because the Government had shut veston, TX, and announced that the day of celebrating the end of slavery in down. State’s 200,000 slaves were free. Vowing America and as the true day of inde- That was solved, fortunately, in time to never forget the date, the former pendence for African-Americans in this for Desert Storm, so we were a country slaves coined a nickname for their country. when we effected the assault on Kuwait cause of celebration—a blend of the I ask all of my colleagues to cospon- later on. But is that not a historical words ‘‘June’’ and ‘‘nineteenth.’’ sor this bill. H10436 CONGRESSIONAL RECORD — HOUSE September 17, 1996 ARTHUR SHERWOOD FLEMMING— meetings on Saturdays. Arthur was In government, he was a chairman of the ONE OF OUR CENTURY’S GREAT- probably the only college president in old Civil Service Commission and one of the EST PUBLIC SERVANTS America who could get away with that. major figures in the mobilization of the gov- His energy and determination were ernment civilian work force during World The SPEAKER pro tempore. Under War II. A man to whom religion was impor- the Speaker’s announced policy of May endless. His oratory could move an au- tant, he was an active Methodist layman and 12, 1995, the gentleman from California dience to action. had headed the National Council of Churches [Mr. HORN] is recognized during the b 1315 of Christ in America. morning business for 5 minutes. As depicted by those who knew and worked Mr. HORN. Mr. Speaker, last week Whether he was the chairman of the with him both in public life and in his many private roles, Mr. Flemming possessed a rare one of America’s great citizens passed National Council of Churches or head- ing Senator Jacob K. Javits’ Task and perhaps unequaled combination of bu- away at the age of 91, Arthur S. reaucratic competence, compassion for the Flemming. He grew up in upstate New Force on Health Care, which worked on bills that were the precursor of Medi- needy and ability to inspire that endured York where his father was a lawyer, an from the New Deal into the ‘90s. active Republican, and an active Meth- care in the middle sixties, Flemming He ‘‘was one of the great intellects of so- odist. But instead of pursuing the fam- always had the public interest at heart. cial policy, combining extraordinary knowl- ily tradition in the law after he grad- With the coming of the Nixon admin- edge with a rare gift for policy-making,’’ istration, in 1969, he became the head said Donna E. Shalala, Secretary of Health uated from Ohio Wesleyan, Arthur and Human Services, a successor department came to Washington during the Coo- of the White House Conference on Aging and the Administrator of the of HEW. ‘‘He never stopped fighting for the lidge administration. He joined David elderly and the poor.’’ Lawrence on what later became the Aging Program, in the Department of Mr. Flemming’s tenure as HEW secretary weekly U.S. News and World Report. Health, Education, and Welfare where a ran from 1958 to 1961. He served under Presi- His assignment was to cover the Su- decade before he had served as Sec- dent Dwight D. Eisenhower, a Republican, preme Court of the United States. retary. Flemming was one of only two and was himself a Republican. But Mr. During the 1930’s he became more and Cabinet officers who went back to the Flemming ‘‘transcended party, generation and race in search of consensus on some of more interested in the evolution of Department in which they had served as a Cabinet member. Public service the great issues of our day,’’ President Clin- public administration as an academic ton said in a statement. discipline. He became the founding was his calling. Flemming’s commit- Mr. Flemming had lived for the last four dean of the School of Public Affairs at ment to public administration was all years at Washington House, a retirement the American University in Washing- encompassing. He was one of the found- home in Alexandria, but his son Thomas said ton. President Franklin D. Roosevelt ing and most esteemed members of the he traveled each day to work in the District, tapped him to fill the Republican slot National Academy of Public Adminis- where he was active in such groups as Save tration. In the late 1940’s and early Our Security, a Social Security advocacy on the U.S. Civil Service Commission. group. For almost a decade his Democratic 1950’s, he had served on the two Hoover According to John Rother, legislative di- colleagues yielded to him to run the commissions on organization of the ex- rector of the American Association of Re- Commission. So he was in charge of the ecutive branch of the Government. tired Persons, the speech Mr. Flemming gave policies to build a larger civilian work President Truman had brought former just last year to the White House Conference force as the Second World War came President Hoover out of retirement. on Aging was considered the ‘‘highlight of and went. In the mid-1970’s, President Nixon the conference.’’ Thomas Flemming said his father’s health Following the war, President Truman asked Arthur Flemming to serve as had deteriorated since a fall in his downtown utilized Flemming’s skills as assistant Chairman of the U.S. Commission on office building about a month ago. Mr. director of defense mobilization. After Civil Rights. Flemming’s death in the clinic of Washing- President Eisenhower was elected in Mr. Speaker, served as vice chairman ton House was attributed to acute renal fail- 1952, Flemming was made director. He with him for most of his tenure there. ure, his son said. sat with Eisenhower in the White Arthur always saw the positive side Mr. Flemming was born June 12, 1905, in House as the President listened to the and the good in people. He was con- Kingston, N.Y., the son of Harry Hardwicke Flemming, a lawyer who was an active Meth- Vice President, the Secretary of State, stantly in motion. Whatever ‘‘hat’’ he odist layman. Mr. Flemming worked for a the Chief of Naval Operations, and oth- was wearing at the time meant flying year after high school graduation as a news- ers all try to urge him to go to the aid to make a speech to help bring people paper reporter and then entered Ohio Wes- of the French troops who were sur- together. He would have written the leyan University, where he was a member of rounded at Dien Bien Phu in Vietnam. speech himself and composed it on his the Republican Club. The President listened very carefully faithful typewriter. His skills as a jour- After graduation, he came to Washington. and after several hours of discussion nalist never left him. He received a master’s degree in political science from American University, where he said, we will not go to the aid of the Mr. Speaker, Dr. Arthur S. Flemming also taught government and served as debate French; and the President was right, was one of the great public servants of coach. In the early 1930s, Mr. Flemming, America should not have been involved this century. He cared. He was dedi- known for his ability to juggle a vast array in the conflict in Vietnam and except cated. He was the epitome of distin- of activities, received a law degree from for a few hundred advisers who could guished public service and proof that George Washington University; covered the not be in the battles, our Nation never one citizen who cares can, indeed, Supreme Court as a reporter for the old was during the Eisenhower administra- make a difference. United States Daily, which later became Mr. Speaker, I enclose the Flemming U.S. News & World Report; and directed tion. American University’s School of Public Af- In 1958, the President made Arthur obituary which appeared in The Wash- fairs. He also edited a current affairs news- Flemming the Secretary of Health, ington Post on September 9, 1996. paper for high school students. Education, and Welfare. During the [From the Washington Post, Sept. 9, 1996] In 1939, President Franklin D. Roosevelt Kennedy and Johnson administrations, ARTHUR FLEMMING DIES; KEY ADVISER TO tapped him for what became a nine-year Flemming served on the National Advi- PRESIDENTS FROM FDR TO REAGAN stint as a member of the Civil Service Com- mission. He held key government personnel sory Commission of the Peace Corps. (By Martin Weil) Being a dedicated teacher, educator at posts during World War II and was a member Arthur S. Flemming, 91, a former Health, of the Hoover commissions, which studied heart, Flemming spent most of the Education and Welfare secretary who cham- the organization of the federal executive 1960’s as president of the University of pioned the aged and ill during a decades-long branch, from 1947 to 1949 and again from 1953 Oregon and, later, Macalester College and much-admired public service career to 1955. in St. Paul. In the late 1940’s, he had under presidents from Roosevelt to Reagan, From 1948 to 1953 and 1957 to 1958, he served been a university president during the died Sept. 7, in Alexandria. as president of Ohio Wesleyan. For part of Truman administration. He was mostly Described as a role model to generations of his tenure, he worked in Washington at fed- in Washington as assistant director of government officials and social activists, Mr. eral posts during the week, returning to Ohio Flemming also was known for his commit- and his collegiate duties on weekends. the Office of Defense Mobilization. But ment to education and to civil rights. He was Throughout the Eisenhower administra- on weekends, he would take the train president of three colleges and was chairman tion, he was a member of the President’s Ad- to his alma mater, Ohio Wesleyan, and of the U.S. Civil Rights Commission from visory Committee on Government Organiza- provide leadership by holding faculty 1972 to 1981. tion, serving as its chairman from 1958 to September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10437 1961. During the Kennedy and Johnson ad- with a young man named Ricky ‘‘Free- Accordingly (at 1 o’clock and 23 min- ministrations, he was a member of the Peace way’’ Ross. One of the operatives was utes p.m.), the House stood in recess Corps National Advisory Commission. Mr. Danilo Blandon, the other was a until 2 p.m. He also was president of the University of Mr. Meneses. They connected with this f Oregon from 1961 to 1968 and president of man in south central Los Angeles, sup- Macalester College in St. Paul, Minn., from b 1400 1968 to 1971. He was chairman of the White plied him with tons of cocaine which House Conference on Aging in 1971 and was was cooked into rock cocaine, spread AFTER RECESS appointed U.S. commissioner on aging dur- out among street gangs and others who The recess having expired, the House ing the Nixon administration. began to sell this drug at a very cheap was called to order by the Speaker (Mr. In trying to characterize his career, Mr. price. MILLER of Florida) at 2 p.m. Flemming, according to his son, often adopt- Before they came into south central f ed words first used by Roosevelt. Mr. Los Angeles, cocaine was not known Flemming would frequently say that he was there. Cocaine was the drug of kind of PRAYER trying ‘‘to help people deal with the hazards the elite, the rich, and the famous. It and vicissitudes of life.’’ The Reverend Robert McConnell, One of the ways in which he tried to do could not be afforded in poor neighbor- Presbytery of Lake Michigan, Brigh- that, according to Robert J. Myers, former hoods. But when they learned to cook ton, MI, offered the following prayer: chief actuary of the Social Security system, it up and put it into rock cocaine, they In this Nation of gifted and talented was in trying to preserve and strengthen So- could sell it for very small amounts of people, we are particularly thankful for cial Security. money. the men and women who honor this ‘‘He was always very much interested in But not only did they bring the drugs House with the courage of their convic- doing this and doing it soundly,’’ Myers said. in, they brought the guns along with tions, the spirit of their debate, the Mr. Flemming received the Presidential them. toughness of their minds, and the will Medal of Freedom two years ago from Presi- I went a week ago to the San Diego dent Clinton. Federal Detention Center, the metro- to succeed in the name of their coun- In addition to his son Thomas, of Alexan- politan center in San Diego, and met try. dria, survivors include his wife, Bernice, of As pressures mount in the next few Washington; two other sons, Arthur H., of with Mr. Ricky Ross to find out wheth- er or not he could confirm what is dis- weeks, we ask Thee, O Lord, to pay South Pasadena, Calif., and Harry, of Alex- special attention to these our public andria; a daughter, Elizabeth Speece of Dela- played in the series of articles. Not ware, Ohio; a sister, Elizabeth Sherbondy of only did he take me back to 1979, when servants. Give them that serenity of Pittsburgh; 12 grandchildren; and 12 great- he was 19 years old and started selling mind and spirit that seldom knows de- grandchildren. A daughter, Susan Parker these drugs, he said: feat. Inspire them to travel the high died in 1993. ‘‘Ms. WATERS, they brought the guns road of hope so that, by their example, f in. I didn’t know what an uzi was. They we can sense, too, the higher calling of service to others. And grant them wis- WHY WE HAVE COCAINE IN SOUTH brought us so many weapons, we had a dom that will reflect on the greatness CENTRAL LOS ANGELES huge arsenal,’’ and he went on to verify that they even brought in a grenade of our country—this land of unlimited The SPEAKER pro tempore (Mr. launcher. horizons for all. HANCOCK). Under the Speaker’s an- But of course they were putting Now hear the calls, Lord, for an even nounced policy of May 12, 1995, the gen- drugs out on the street on consign- better America, an America that tlewoman from California [Ms. WA- ment, which simply means you can knows no limits to the values of oppor- TERS] is recognized during morning pass them around, people do not have tunity, justice, and liberty. Let our business for 5 minutes. to have money to become drug dealers, leadership help fashion us into an even Ms. WATERS. Mr. Speaker, I come you pass them around, but they better stronger union of spirit and mind with today to try and create a real discus- bring the profits back, and the guns respect for one another’s differences. sion about drugs. In this election year, were there to ensure. And may bridges be built to heal divi- we have begun to hear a discussion, a Back in the 1980’s we saw this terrific sions among us as we do our best to fol- discussion of blame. Obviously Presi- activity. Something was happening in low the prophet’s words ‘‘* * * to do dent Dole has decided he is going to south central Los Angeles. We began to justice, to love kindness, and to walk make drugs an issue, and we kind of see the drug addiction, the crime, the humbly with Thee.’’ hear them talking about who funded gang warfares, the violence. None of us And so, great God, continue to give what and who did not fund what. in our wildest imagination would have the Members of this House the grace to While this discussion is going on, thought that our own Government may stand up for what is noble and just and there is a startling revelation about have been involved. To have this re- the hope to see fresh, new visions for something that took place in America vealed to us helps us to understand the this land of freedom. that will outrage the average citizen. devastation, not only in Los Angeles, This is our hope. This is our prayer. The San Jose Mercury News published but all across America as the gangs We ask this in Thy name. Amen. a series of articles starting August 18, spread out, as the drug dealers spread f 19, and 20. These articles were done by out to sell crack cocaine. an award-winning journalist named As a result of this we have crack ad- THE JOURNAL Gary Webb. After over a year of inves- dicted babies, we have women walking The SPEAKER pro tempore (Mr. MIL- tigation, what did he find out? I think the streets of America cracked out, we LER of Florida). The Chair has exam- it is all reported, maybe in the first have homelessness. Much of the home- ined the Journal of the last day’s pro- paragraph of the article that you see lessness, whether it is in New York, St. ceedings and announces to the House displayed here. Louis, Philadelphia, Los Angeles, are his approval thereof. It says, crack addicts. The cost of health care Pursuant to clause 1, rule I, the Jour- For the better part of a decade a Bay Area in our emergency rooms has gone up. nal stands approved. drug ring sold tons of cocaine to the Cripps Mr. Speaker, this is just a beginning. f and Blood street gangs of Los Angeles and I am going to talk about it every day. funneled millions of drug profits to a Latin We are going to get to the bottom of it. PLEDGE OF ALLEGIANCE American guerrilla army run by the U.S. We are calling for investigations. We The SPEAKER pro tempore. Will the Central Intelligence Agency, a Mercury News are going to find out who is behind all gentleman from California [Mr. DOO- investigation has found. of this. We are going to do something LITTLE] come forward and lead the Now Gary Webb is indeed an award- about it. House in the Pledge of Allegiance. winning journalist who developed these f Mr. DOOLITTLE led the Pledge of articles, and they are extraordinary be- Allegiance as follows: RECESS cause it describes starting back as far I pledge allegiance to the Flag of the as 1979 how CIA operatives came into The SPEAKER pro tempore. Pursu- United States of America, and to the south central Los Angeles, part of the ant to clause 12 of rule I, the House Republic for which it stands, one nation district that I represent, connected stands in recess until 2 p.m. under God, indivisible, with liberty and jus- H10438 CONGRESSIONAL RECORD — HOUSE September 17, 1996 tice for all. With the following committee DOLE CAMPAIGN’S ACT OF POLITI- f amendment in the nature of a sub- CAL DESPERATION: THE SEN- stitute: ATOR WHO WAS FOOLED IN MESSAGE FROM THE SENATE Committee amendment in the nature of a BAGHDAD CRITICIZES THE A message from the Senate by Mr. substitute: Strike out all after the enacting PRESIDENT WHO BOMBED IT Lundregan, one of its clerks, an- clause and insert: (Mr. BERMAN asked and was given nounced that the Senate had passed SECTION 1. WAIVER OF TIME LIMITATIONS. permission to address the House for 1 with an amendment in which the con- The time limitations set forth in section minute and to revise and extend his re- currence of the House is requested, a 3702(b) of title 31, United States Code, shall marks.) bill of the House of the following title: not apply with respect to a claim by John Mr. BERMAN. Mr. Speaker, before a H.R. 3259. An act to authorize appropria- Wesley Davis, of Forestville, Maryland, for the amounts due to him by the— campaign led by Senator Bob Dole tions for fiscal year 1997 for intelligence and lashes out at President Clinton’s policy intelligence-related activities of the United (1) Department of the Navy in the amount States Government, the Community Man- of $42,123.84; and on Iraq, humility should compel him to agement Account, and the Central Intel- (2) Department of the Treasury in the admit how deeply he misread Saddam ligence Agency Retirement and Disability amount of $12,508.20. Hussein before Desert Storm. System, and for other purposes. The amounts due are represented by checks When we were trying to pass sanc- The message also announced that the that were received but not negotiated by tions on Iraq that would have stopped Senate insists upon its amendment to John Wesley Davis. Iraqi imports of Kansas wheat, Dole the bill (H.R. 3259) ‘‘An Act to author- SEC. 2. DEADLINE. tried to derail those sanctions. ize appropriations for fiscal year 1997 Section 1 shall apply only if John Wesley It was Dole who assured his col- for intelligence and intelligence-relat- Davis or his authorized representative sub- leagues that Saddam Hussein has ed activities of the United States Gov- mits a claim pursuant to such subsection be- chemical weapons but ‘‘does not intend ernment, the Community Management fore the expiration of the 6-month period be- to use them’’ although the entire world ginning on the date of the enactment of this knew he had already used nerve gas Account, and the Central Intelligence Act. Agency Retirement and Disability Sys- against the Kurds tem, and for other purposes,’’ requests The committee amendment in the Dole who said on TV shortly after the a conference with the House on the dis- nature of a substitute was agreed to. Iraqi invasion ‘‘We’re a foreign power. agreeing votes of the two Houses there- The bill was ordered to be engrossed We don’t belong in that part of the on, and appoints Mr. SPECTER, Mr. and read a third time, was read the world * * * It ought to be settled by LUGAR, Mr. SHELBY, Mr. DEWINE, Mr. third time, and passed, and a motion to Arabs.’’ KYL, Mr. INHOFE, Mrs. HUTCHISON, Mr. reconsider was laid on the table. Dole who said in October 1990 ‘‘we are COHEN, Mr. BROWN, Mr. KERREY, Mr. The SPEAKER pro tempore. This in the Midwest for three letters, oil, O- GLENN, Mr. BRYAN, Mr. GRAHAM, Mr. concludes the call of the Private Cal- I-L.’’ KERRY, Mr. BAUCUS, Mr. JOHNSTON, and endar. President Bush responded that day, Mr. ROBB; and from the Committee on charging, ‘‘You know, some people Armed Services, Mr. THURMOND, and f never get the word. The fight isn’t Mr. NUNN, to be the conferees on the about oil. The fight is about naked ag- part of the Senate. WELCOME TO REV. CAM gression that will not stand.’’ In fact, conservative columnist Wil- f MCCONNELL liam Safire called Dole’s attitude cyni- PRIVATE CALENDAR (Mr. CHRYSLER asked and was given cal and labeled him ‘‘a prime appeaser The SPEAKER pro tempore. This is permission to address the House for 1 of Saddam Hussein.’’ private calendar day. The Clerk will minute and to revise and extend his re- The Senator who was fooled in Bagh- call the bill on the Private Calendar. marks.) dad is on weak ground criticizing the Mr. CHRYSLER. Mr. Speaker, it is f President who bombed it. with great pleasure today that I wel- f JOHN WESLEY DAVIS come the Reverend Cam McConnell, a The Clerk called the bill (H.R. 1886) fourth-generation Presbyterian min- FLOATING HOLIDAYS for the relief of John Wesley Davis. ister, to the House of Representatives (Mr. METCALF asked and was given There being no objection, the Clerk and to thank him for leading this great permission to address the House for 1 read the bill as follows: body in prayer this afternoon. minute and to revise and extend his re- H.R. 1886 I have known Reverend McConnell marks.) for over a decade as my pastor and as Be it enacted by the Senate and House of Rep- Mr. METCALF. Mr. Speaker, our Na- resentatives of the United States of America in my best friend, and it is with great tion’s holidays were established by the Congress assembled, pride that I join him here on the floor people of the United States to honor, SECTION 1. WAIVER OF TIME LIMITATIONS. today. to celebrate, to remember, and reflect The time limitations set forth in section Reverend McConnell has meant a on major events in American history 3702(b) of title 31, United States code, shall great deal to myself, my family, and and culture. The celebration of Veter- not apply with respect to a claim by John hundreds more in the mid-Michigan ans Day, Thanksgiving, Memorial Day, Wesley Davis, of Forestville, Maryland, for community, serving as senior pastor and Independence Day is critical to our the amounts due to him by the— for the First Presbyterian Church of heritage, and truly brings Americans (1) Department of Veterans Affairs in the Brighton, MI. amount of $6,296.00; together. (2) Department of the Navy in the amount His guidance and support throughout Recently, however, a constituent of of $42,123.84; the years has been invaluable not only mine who works for a large corpora- (3) Department of the Treasury in the to me, but also to the community for tion, has informed me that his em- amount of $12,508.20; and which he and his family have served so ployer is trying to make Independence (4) District of Columbia in the amount of faithfully and freely. Day a floating holiday through union $174.97 for local tax refund. His optimism, dedication, and en- negotiations. They have already elimi- The amounts due are represented by checks couragement are matched only by his nated Veterans Day as a designated that were received but not negotiated by unwavering devotion to God and his holiday. John Wesley Davis. people. This trend is very disturbing. The SEC. 2. DEADLINE His humble words of faith and wis- Fourth of July celebrates the very Section 1 shall apply only if John Wesley dom have warmed the hearts of so founding of our Nation. Davis or his authorized representative sub- mits a claim pursuant to such subsection be- many in our community. And it is with A proper respect for our heritage and fore the expiration of the 6-month period be- great respect and admiration that I our history demands that we firmly re- ginning on the date of the enactment of this thank him for his words and presence sist allowing our historic celebrations Act. here today. to degenerate into nothing more than September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10439 3-day weekends or an excuse for stores services for mom and dad, the same Mr. Speaker, I am proud to say that to have special sales. hospitals are building luxury suites for the president of the FOP is Gil f the fat cats that make the Ritz Carlton Gallegos of Albuquerque, NM. So, Mr. look like Motel 6. A VIP can now get Speaker, despite all this lofty rhetoric RAIL VOLUTION monogrammed bathrobes, satin sheets, that the President is soft on crime, I (Mr. BLUMENAUER asked and was antique furniture, a wet bar. And if am proud to say that the Nation’s po- given permission to address the House that is not enough to inflame our hem- lice officers are firmly in the Presi- for 1 minute and to revise and extend orrhoids, VIP’s can enjoy a spot of tea dent’s corner. his remarks.) served by a waiter in a tuxedo carrying f Mr. BLUMENAUER. Mr. Speaker, around silver trays of strawberries and SALUTE TO MISS AMERICA last week Washington, DC, was host to truffles. Unbelievable. an annual conference, Rail Volution, While VIP’s get gourmet food, mom (Mrs. MEYERS of Kansas asked and where over 700 people from 8 countries, and dad get line itemed, line itemed for was given permission to address the 41 States, and 118 cities gathered. As toilet paper and aspirin. Beam me up. House for 1 minute and to revise and impressive as those numbers were, Mr. Speaker, the truth is the CEO’s extend her remarks.) what was more impressive was the pur- of these HMO’s keep lining their pock- Mrs. MEYERS of Kansas. Mr. Speak- pose of that gathering, working to- ets with cash. I say they should be er, this past Saturday evening in At- gether, learning how to build livable handcuffed to a chain link fence and lantic City a constituent of mine, Miss communities using principles of sus- flogged. Then sent to jail. Think about Kansas, Tara Dawn Holland, was tainable development. it. I yield back the balance of those crowned Miss America 1996. Miss Amer- We are talking about light rail, inter- line itemed toilet paper bills. ica lives in Overland Park, KA. city rail, managing the auto and trans- f While I realize we must share Tara portation infrastructure, mixed use de- Dawn Holland’s triumph with the State velopment. At a time when we are con- DRUG USE AND LOST of Florida where she received her bach- cerned about making our communities OPPORTUNITY elors degree, and with the State of Mis- livable while dealing with the deficit, (Mr. DOOLITTLE asked and was souri where she is working toward a the Rail Volution message was a given permission to address the House masters degree at the University of breath of fresh air: spending wiser, not for 1 minute and to revise and extend Missouri at Kansas City, Kansans are raising taxes, making change, solving his remarks.) proud of her achievement just the problems rather than creating them, Mr. DOOLITTLE. Mr. Speaker, mari- same. and viewing citizen input as a valuable juana use for teenagers is up, but inter- Tara Dawn hopes to teach music in a tool not citizens as an enemy. diction is down. Teenage cocaine use is middle school, and as Miss America This is an important message for us up, but enforcement is down. LSD and wants to lead a national campaign in Congress to hear and to act upon. heroin use for teenagers are way up, against illiteracy. f but prison time for drug dealers is Because Miss America is such a posi- down. tive role model for many young Ameri- INCREASED DRUG USE IS Mr. Speaker, obviously what should cans, Tara Dawn’s willingness to be in- INTOLERABLE be down is up, and what should be up is volved in the fight against illiteracy (Mr. BURTON of Indiana asked and down. The Clinton administration has represents an opportunity to take an- was given permission to address the its priorities backward. Instead of cut- other step forward in educating chil- House for 1 minute and to revise and ting back on interdiction efforts, we dren to read. extend his remarks). should be stopping the flow of drugs at Congratulations to Tara Dawn Hol- Mr. BURTON of Indiana. Mr. Speak- our borders. Instead of slapping the land. er, Bill Clinton said on June 16, 1992, hands of drug dealers, we should be f when asked about inhaling marijuana: putting them in prison. b 1415 Sure, I would inhale marijuana if I The Clinton administration’s cuts in could, I tried before. America’s antidrug efforts have had RELEASE THE GINGRICH ETHICS After the took office, Bill Clinton ef- their effect: Teenage drug use has ex- REPORT fectively abandoned the war on drugs. ploded, and most schools unfortunately (Mr. LEWIS of Georgia asked and was He slashed the White House Office of are not drug-free. given permission to address the House Drug Control Policy by 80 percent. He Mr. Speaker, we are losing the war for 1 minute and to revise and extend cut the number of drug enforcement on drugs because we have an adminis- his remarks.) agents and cut training for them. His tration unwilling to provide the leader- Mr. LEWIS of Georgia. Mr. Speaker, National Security Council dropped the ship needed to stop our children from I rise today to once again add my voice war on drugs from third to dead last turning to a life of drugs and lost op- to the growing chorus of Members of among their priorities. His Surgeon portunity. this House, editorial board writers, General even suggested legalizing f public interest groups, and American drugs. citizens calling for the release of the THE NATION’S POLICE ARE FIRM- What has been the result of all this? ethics report on Speaker GINGRICH. LY IN THE PRESIDENT’S CORNER Overall drug use among kids 12 to 17 POINT OF ORDER years old has gone up 78 percent. Mari- (Mr. RICHARDSON asked and was Mr. LINDER. Mr. Speaker, I have a juana use among the same group has given permission to address the House point of order. gone up 105 percent, and LSD use has for 1 minute and to revise and extend The SPEAKER pro tempore (Mr. MIL- gone up 183 percent. his remarks.) LER of Florida). The gentleman from Mr. Speaker, this is intolerable. The Mr. RICHARDSON. Mr. Speaker, yes- Georgia [Mr. Lewis] will suspend. American people need to know these terday President Clinton received the The gentleman from Georgia [Mr. facts. I hope they remember them in endorsement of the Fraternal Order of LINDER] will state his point of order. November. Police, an organization that represents Mr. LINDER. Mr. Speaker, is it with- f the sizable majority of our country’s in the rules of the House to refer to policy officers. matters before the Committee on LUXURY SUITES IN HOSPITALS President Clinton is the first Demo- Standards of Official Conduct on the FOR THE RICH crat running for President or being floor of the House? (Mr. TRAFICANT asked and was President endorsed by this organiza- The SPEAKER pro tempore. That is given permission to address the House tion. The endorsement came because of not in order and the gentleman must for 1 minute and to revise and extend the President’s strong anticrime, anti- proceed in order. his remarks.) drug policies and initiatives for his Mr. LINDER. Mr. Speaker, further Mr. TRAFICANT. Mr. Speaker, while tough sentencing policies, for commu- point of order. Is the gentleman in the hospitals across America are cutting nity policing, 100,000 cops on the street. well speaking out of order? H10440 CONGRESSIONAL RECORD — HOUSE September 17, 1996 The SPEAKER pro tempore. The Yesterday, Senator Dole said he will depicted on a map entitled ‘‘Relinquishment Chair rules the gentleman is out of get tough on drug enforcement and of North Platte National Wildlife Refuge order. crime. I do not know if this is any Secondary Jurisdiction’’, dated August 1995, Mr. LINDER. Mr. Speaker, if the gen- trust. We need to know where these tax and available for inspection at appropriate offices of the United States Fish and Wildlife tleman continues, will the Chair rule cuts are coming from to be paid for. Service, is terminated. that he sit down? Are they really going to come out of (b) REVOCATION OF EXECUTIVE ORDER.—Ex- The SPEAKER pro tempore. The drug enforcement? ecutive Order Number 2446, dated August 21, Chair will take that under advisement. f 1916, is revoked with respect to the land de- The gentleman from Georgia [Mr. scribed in subsection (a). LEWIS] may proceed in order. WHERE IS ‘‘IT’’ OF WHICH WE TITLE II—PETTAQUAMSCUTT COVE Mr. LEWIS of Georgia. Mr. Speaker, CANNOT SPEAK? NATIONAL WILDLIFE REFUGE the American public has paid $500,000 (Mrs. SCHROEDER asked and was SEC. 201. EXPANSION OF PETTAQUAMSCUTT for this report and deserves the right given permission to address the House COVE NATIONAL WILDLIFE REFUGE. to know what is in it. for 1 minute and to revise and extend Section 204 of Public Law 100–610 (16 U.S.C. This weekend the Speaker himself her remarks.) 668dd note) is amended by adding at the end said: ‘‘I am totally in favor of releasing the following: Mrs. SCHROEDER. Mr. Speaker, ap- ‘‘(e) EXPANSION OF REFUGE.— the report. The Speaker of the House is parently under the ruling of the Chair, second in line to be President, is a very ‘‘(1) ACQUISITION.—The Secretary may ac- there is not a lot we can say here ex- quire for addition to the refuge the area in powerful position and the country de- cept there is a committee that we can- Rhode Island known as ‘Foddering Farm serves to know.’’ not talk about that has an ‘‘it’’ that we Acres’, consisting of approximately 100 acres, Mr. Speaker, the country does de- cannot name. But that ‘‘it’’ cost a half adjacent to Long Cove and bordering on serve the right to know, and they de- a million dollars and we cannot see it. Foddering Farm Road to the south and Point serve to know right now. Stop the This morning’s Washington Post has Judith Road to the east, as depicted on a stonewalling, stop the delay, stop the map entitled ‘Pettaquamscutt Cove NWR Ex- a clarification of what the Speaker pansion Area’, dated May 13, 1996, and avail- stalling. Release the outside counsel’s said about the ‘‘it’’ in it. And I hope report now and let the public draw able for inspection in appropriate offices of that everybody reads it, because while the United States Fish and Wildlife Service. their own conclusion. Anything the Speaker said one thing on NBC, ‘‘(2) BOUNDARY REVISION.—The boundaries less—— this morning’s Washington Post clari- of the refuge are revised to include the area POINT OF ORDER fies that and sets out the different described in paragraph (1). Mr. LINDER. Mr. Speaker, I have a complaints that have been filed and ‘‘(f) FUTURE EXPANSION.— point of order. what has happened to them. ‘‘(1) IN GENERAL.—The Secretary may ac- quire for addition to the refuge such lands, The SPEAKER pro tempore. The gen- I think it is very sad we cannot talk tleman will state it. waters, and interests in land and water as about ‘‘it’’ on the floor. Especially the Secretary considers appropriate and Mr. LINDER. Mr. Speaker, the gen- since the taxpayers paid for ‘‘it.’’ And shall adjust the boundaries of the refuge ac- tleman is ignoring the rule of the Chair if I were a taxpayer, I think I would be cordingly. and he is referring to matters before angry and wondering what in the world ‘‘(2) APPLICABLE LAWS.—Any acquisition the Committee on Standards of Official is going on when the House Floor has described in paragraph (1) shall be carried Conduct, and it strikes me that it is been gagged from talking about the out in accordance with all applicable laws.’’. the appropriate time to have him sit most important thing we could have in SEC. 202. AUTHORIZATION OF APPROPRIATIONS. down. front of us. Section 206(a) of Public Law 100–610 (16 The SPEAKER pro tempore. The U.S.C. 668dd note) is amended by striking f Chair sustains the point of order. The ‘‘designated in section 4(a)(1)’’ and inserting gentleman’s time has expired. ANNOUNCEMENT BY THE SPEAKER ‘‘designated or identified under section 204’’. f PRO TEMPORE SEC. 203. TECHNICAL AMENDMENTS. Public Law 100–610 (16 U.S.C. 668dd note) is WHERE ARE THE FUNDS COMING The SPEAKER pro tempore. Pursu- amended— FROM TO PAY FOR TAX CUTS? ant to the provisions of clause 5 of rule (1) in section 201(a)— (A) by striking ‘‘and the associated’’ and (Mr. GENE GREEN of Texas asked I, the Chair announces that he will postpone further proceedings today on inserting ‘‘including the associated’’; and and was given permission to address (B) by striking ‘‘and dividing’’ and insert- the House for 1 minute and to revise each motion to suspend the rules on which a recorded vote or the yeas and ing ‘‘dividing’’; and extend his remarks.) (2) in section 203, by striking ‘‘of this Act’’ Mr. GENE GREEN of Texas. Mr. nays are ordered, or on which the vote and inserting ‘‘of this title’’; Speaker, we heard earlier last week is objected to under clause 4 of rule IV. (3) in section 204— and over the weekend that this year’s Such rollcall votes, if postponed, will (A) in subsection (a)(1), by striking ‘‘of this campaign is about trust. I am con- be taken after debate has concluded on Act’’ and inserting ‘‘of this title’’; and cerned about what may happen to some all motions to suspend the rules but (B) in subsection (b), by striking ‘‘purpose not before 5 p.m. today. of this Act’’ and inserting ‘‘purposes of this of our programs, that if we go forward title’’; f with what Senator Dole wants, pro- (4) in the second sentence of section 205, by posed tax cuts of $548 billion, that NORTH PLATTE NATIONAL striking ‘‘of this Act’’ and inserting ‘‘of this could lead to higher deficits and also WILDLIFE REFUGE title’’; and increased interest rates. (5) in section 207, by striking ‘‘Act’’ and in- Mr. Speaker, I think we only need to Mr. SAXTON. Mr. Speaker, I move to serting ‘‘title’’. look at recent history to show the con- suspend the rules and concur in the The SPEAKER pro tempore. Pursu- cern that last year, in which there was Senate amendments to the bill (H.R. ant to the rule, the gentleman from only $245 billion in tax cuts, Medicare 2679) to revise the boundary of the New Jersey [Mr. SAXTON] and the gen- was on the chopping block. Senator North Platte National Wildlife Refuge. tleman from New Mexico [Mr. RICHARD- Dole has promised the American people The Clerk read as follows: SON] each will control 20 minutes. he will not cut Medicare, Social Secu- Senate amendments: Strike out all after The Chair recognizes the gentleman rity, or veterans benefits to pay for the the enacting clause and insert: from New Jersey [Mr. SAXTON]. cuts, but we just do not know where TITLE I—NORTH PLATTE NATIONAL (Mr. SAXTON asked and was given the money is coming from. Where is it? WILDLIFE REFUGE permission to revise and extend his re- Are we going to cut Border Patrol or SEC. 101. REVISION OF BOUNDARY OF NORTH marks.) education funding even more? Senator PLATTE NATIONAL WILDLIFE REF- Mr. SAXTON. Mr. Speaker, I yield Dole’s cut, according to the article in UGE. myself such time as I may consume. (a) TERMINATION OF JURISDICTION.—The sec- this week’s Time Magazine, the Border ondary jurisdiction of the United States Fish Mr. Speaker, on April 23 of this year, Patrol, FBI, and drug enforcement pro- and Wildlife Service over approximately 2,470 the House overwhelmingly adopted grams may be faced with cuts as deep acres of land at the North Platte National H.R. 2679, a bill introduced by our col- as 40 percent. Wildlife Refuge in the State of Nebraska, as league from Nebraska, BILL BARRETT, September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10441 to remove certain lands from the North Mr. SAXTON. Mr. Speaker, I yield So, Mr. Speaker, I introduced H.R. Platte National Wildlife Refuge. such time as he may consume to the 2679 to reflect those recommendations. The other body has now acted on this distinguished gentleman from Ne- I would like to thank Mr. and Mrs. legislation and while they made no braska [Mr. BARRETT], the author of Ehrhart and the community for the in- changes in the North Platte provision, this bill. terest that they have shown in the fu- they did add a new title to the bill Mr. BARRETT of Nebraska. Mr. ture of this particular area. And I am dealing with the Pettaquamscutt Cove Speaker, I thank the distinguished gen- very pleased to have been a part of the National Wildlife Refuge in Rhode Is- tleman from New Jersey [Mr. SAXTON] process. I would like to believe that land. the subcommittee chairman, for yield- Scotts Bluff County has learned a valu- This refuge was established in 1988 to ing. able lesson in how to work together protect valuable coastal wetlands that Mr. Speaker, I do rise in support of and to manage the resources for the fu- provide essential habitat to a diverse H.R. 2679. As all of my colleagues ture. group of species of waterfowl, shore know, we are less than 2 months away Certainly, Mr. Speaker, I again and wading birds, small mammals, rep- from an election and, unfortunately, thank Barb and Ed Ehrhart and the tiles, and amphibians. In fact, it is my many people are not going to vote in many, many people out across the understanding that this cove is the November because they believe that country just like them; I thank my col- most important habitat in Rhode Is- their vote does not count; perhaps leagues, of course, for their support of land for the black duck population their voice cannot or will not be heard. H.R. 2679; and again I thank the sub- under the North American waterfowl Those cynics who believe that one or committee chairman for yielding. management plan. two people cannot make a difference Mr. SAXTON. Mr. Speaker, before While the boundaries of the refuge need to hear a little story and the yielding back, let me yield myself such now encompass about 460 acres of salt many others that occur like it all the time as I may consume to thank the marsh and forest habitat, title II of time in this country. gentleman from New Mexico [Mr. RICH- H.R. 2679 will authorize the Secretary Let me share with you, Mr. Speaker, ARDSON], my friend and the ranking of the Interior to acquire a 100-acre about a couple out in my district, Mr. member of the committee, for the parcel of land known as Foddering and Mrs. Ehrhart, Barbara and Ed great cooperation that he has shown on Farm Acres. This property is privately Ehrhart. They are residents of Lake this bill, as well as many other bills owned and there are certain commer- Minatare, NE. That is the small lake that we have done together. I have a cial interests that desire to develop outside of Scotts Bluff, which is a com- report here which I just looked at these lands. munity in the panhandle of my dis- which indicates that already our sub- Fortunately, the people who own this trict. Lake Minatare, which is part of committee has had 13 bills signed into property, the Rotelle family, have indi- the North Platte Wildlife Refuge, is a law in this session. Without the co- cated their willingness to donate a por- part of the particular bill in question operation of the gentleman, and the tion of the value of the property to the and it is the residence of the Ehrharts. other members of the minority, that U.S. Fish and Wildlife Service. Mr. Speaker, you may remember a would not have happened. Mr. Speaker, I have been advised by few years ago when the U.S. Fish and I would also like to point out, Mr. the author of this measure, the distin- Wildlife Service was sued for allowing Speaker, the gentleman from Nebraska guished chairman of the Senate Envi- wildlife refuges to be administered [Mr. BARRETT] has worked so hard and ronment and Public Works Committee, without being in compliance with ex- has been so diligent on this bill in over- that there is some urgency in moving isting environmental regulations. The coming hurdle after hurdle in the sub- this legislation forward. Fish and Wildlife Service decided that committee and committee process. We I am pleased to present this bill to the best way at that time to bring were going to vote on this bill I think the House and strongly believe that Lake Minatare into compliance was to a week or two ago, and something these modifications in two refuge units turn the lake into a nonresidential and came up and the gentleman was right in Nebraska and Rhode Island will nonrecreational area. This would have back at it bringing to our attention the greatly enhance the fundamental goal forced about 60 families out of their urgent nature of getting this done. So of our National Wildlife Refuge Sys- homes and closed the only major rec- I commend the gentleman from Ne- tem. reational facility in the area. The next braska [Mr. BARRETT] for his very hard I urge an ‘‘aye’’ vote on H.R. 2679 and closest major recreational lake was 100 work. compliment BILL BARRETT and Senator miles away. Mr. REED. Mr. Speaker, I am pleased that JOHN CHAFEE for their outstanding The Ehrharts, Mr. and Mrs. Ehrhart, the House of Representatives is considering leadership in this matter. decided that this so-called solution was H.R. 2679, as amended by the Senate. By Mr. Speaker, I reserve the balance of unacceptable. They had made their clearing this measure for President Clinton's my time. home on this lake for 13 years and they signature, Congress is taking an important Mr. RICHARDSON. Mr. Speaker, I were avid recreationists. They believed step toward protecting the environmental yield myself such time as I may that the lake did not benefit the bird treasures of Rhode Island. consume. migrations. They thought that the ref- H.R. 2679 expands the Pettaquamscutt (Mr. RICHARDSON asked and was uge was built for irrigation, and a later Cove National Wildlife Refuge to include the given permission to revise and extend impact statement did confirm that be- vulnerable coastal wetlands that have been his remarks.) lief. identified as vital habitat for a range of spe- Mr. RICHARDSON. Mr. Speaker, I Barb and Ed Ehrhart met with local cies. For example, our State's declining black rise in support of this noncontroversial residents in the area. I met with them duck population relies heavily on these areas. bill. We are concurring in the Senate in their lake home one afternoon. They H.R. 2679 also illustrates the great potential amendment and sending this bill to the got excited and went to the community of cooperation between government and pri- President for his signature. The bill business interests and so forth and vate citizens. Among the lands that this bill transfers land from the Fish and Wild- took their case to a little higher level. adds to the refuge are 100 acres known as life Service to the Bureau of Land Man- Thus began a letter writing campaign Foddering Farms. The owners of this property agement in Nebraska so that it can that conjured up about 5,000 individual are interested in donating a portion of its value continue to be used for public recre- letter into my office. to the U.S. Fish and Wildlife Service, helping ation. The Senate added a provision, At the urging of the Ehrharts and the Congress to advance critical environmental in- which I support, to authorize the ex- whole Scotts Bluff community, the terests at a reasonable cost. pansion of a wildlife refuge in Rhode Is- agencies charged with administering In addition, H.R. 2679 allows the Fish and land. This bill is sound management of the lake undertook an environmental Wildlife Service to expand the refuge as other our public lands, promotes wildlife con- assessment to determine the wildlife important habitats become available. I urge servation, and is supported by the ad- value of Lake Minatare. It was deter- my colleagues to support this important bill ministration. I urge my colleagues to mined that the lake was not an effec- and send it to President Clinton, who is com- support the bill. tive refuge and that the boundaries mitted to preserving our environment. Mr. Speaker, I yield back the balance should be altered to reflect the needs of Mr. SAXTON. Mr. Speaker, I yield of my time. that community. back the balance of my time. H10442 CONGRESSIONAL RECORD — HOUSE September 17, 1996 The SPEAKER pro tempore. The (5) to ensure that adequate funds are avail- to the authorities contained in this Act and question is on the motion offered by able to provide for long-term maintenance subject to the appropriation of necessary the gentleman from New Jersey [Mr. needs of field employee housing; and funds in advance, to enter into housing (6) to eliminate unnecessary government agreements with housing entities under SAXTON] that the House suspend the housing and locate such housing as is re- which such housing entities may develop, rules and concur in the Senate amend- quired in a manner such that primary re- construct, rehabilitate, or manage housing, ments to the bill, H.R. 2679. source values are not impaired. located on or off public lands, for rent or The question was taken; and (two- (b) GENERAL AUTHORITY.—To enhance the lease to National Park Service employees thirds having voted in favor thereof) ability of the Secretary of the Interior (here- who meet the housing eligibility criteria de- the rules were suspended and the Sen- inafter in this section referred to as ‘‘the veloped by the Secretary pursuant to this ate amendments were concurred in. Secretary’’), acting through the Director of Act. A motion to reconsider was laid on the National Park Service, to effectively (g) JOINT PUBLIC-PRIVATE SECTOR HOUSING the table. manage units of the National Park System, PROGRAMS.— the Secretary is authorized where necessary (1) LEASE TO BUILD PROGRAM.—Subject to f and justified to make available employee the appropriation of necessary funds in ad- GENERAL LEAVE housing, on or off the lands under the admin- vance, the Secretary may— istrative jurisdiction of the National Park (A) lease Federal land and interests in land Mr. SAXTON. Mr. Speaker, I ask Service, and to rent or lease such housing to to qualified persons for the construction of unanimous consent that all Members field employees of the National Park Service field employee quarters for any period not to may have 5 legislative days within at rates based on the reasonable value of the exceed 50 years; and which to revise and extend their re- housing in accordance with requirements ap- (B) lease developed and undeveloped non- marks on the bill just passed. plicable under section 5911 of title 5, United Federal land for providing field employee The SPEAKER pro tempore. Is there States Code. quarters. objection to the request of the gen- (c) REVIEW AND REVISION OF HOUSING CRI- (2) COMPETITIVE LEASING.—Each lease tleman from New Jersey? TERIA.—Upon the enactment of this Act, the under paragraph (1)(A) shall be awarded There was no objection. Secretary shall review and revise the exist- through the use of publicly advertised, com- ing criteria under which housing is provided petitively bid, or competitively negotiated f to employees of the National Park Service. contracting procedures, except that a lease NATIONAL PARK SERVICE ADMIN- The review and revision shall include consid- to a field employee housing cooperative may ISTRATIVE REFORM ACT OF 1996 eration of the following criteria: be awarded noncompetitively if construction (1) Required occupancy (whether and under on the leased land is then competitively bid Mr. HANSEN. Mr. Speaker, I move to what circumstances the National Park Serv- or competitively negotiated. suspend the rules and pass the bill ice requires, as a condition of employment, (3) TERMS AND CONDITIONS.—Each lease (H.R. 2941) to improve the quantity and that an employee live at a particular site or under paragraph (1)(A)— quality of the quarters of land manage- in a specific geographic area). For each in- (A) shall stipulate whether operation and ment agency field employees, and for stance in which occupancy is required, full maintenance of field employee quarters is to be provided by the lessee, field employees or other purposes, as amended. consideration shall be given to the concept of adequate response time. the Federal Government; The Clerk read as follows: (2) Availability and adequacy of non-Fed- (B) shall require that the construction and H.R. 2941 eral housing in the geographic area, includ- rehabilitation of field employee quarters be Be it enacted by the Senate and House of Rep- ing consideration of the degree of isolation done in accordance with the requirements of resentatives of the United States of America in (the time and distance that separate other the National Park Service and local applica- Congress assembled, potential housing from the workplace of a ble building codes and industry standards; SECTION 1. SHORT TITLE AND TABLE OF CON- National Park Service employee). (C) shall contain such additional terms and TENTS. (3) Category of employment (seasonal or conditions as may be appropriate to protect (a) SHORT TITLE.—This Act may be cited as permanent). the Federal interest, including limits on the ‘‘National Park Service Administrative (d) SUBMISSION OF REPORT.—A report de- rents the lessee may charge field employees Reform Act of 1996’’. tailing the results of the revisions required for the occupancy of quarters, conditions on (b) TABLE OF CONTENTS.—The table of con- by subsection (c) shall be submitted to the maintenance and repairs, and agreements on tents for this Act is as follows: Committee on Resources of the House of the provision of charges for utilities and Sec. 1. Short title and table of contents. Representatives and the Committee on En- other infrastructure; and Sec. 2. National Park Service Housing Improve- ergy and Natural Resources of the Senate (D) may be granted at less than fair mar- ment Act. not later than 180 days after the date of the ket value if the Secretary determines that Sec. 3. Minor boundary revision authority. enactment of this Act. The report shall in- such lease will improve the quality and Sec. 4. Authorization for certain park facilities clude justifications for keeping, or for availability of field employee quarters avail- to be located outside of units of changing, each of the criteria or factors used able. the National Park System. by the Department of the Interior with re- (4) CONTRIBUTIONS BY UNITED STATES.—The Sec. 5. Elimination of unnecessary congressional gard to the provision of housing to employ- Secretary may make payments, subject to reporting requirements. ees of the National Park Service. appropriations, or contributions in kind ei- Sec. 6. Senate confirmation of the Director of (e) REVIEW OF CONDITION OF AND COSTS RE- ther in advance of or on a continuing basis the National Park Service. LATING TO HOUSING.—Using the revised cri- to reduce the costs of planning, construc- Sec. 7. National Park System Advisory Board teria developed under subsection (c), the Sec- tion, or rehabilitation of quarters on or off authorization. retary shall undertake a review, for each Federal lands under a lease under this sub- Sec. 8. Challenge cost-share agreement author- unit of the National Park System, of exist- section. ity. ing government-owned housing provided to (5) THIRD PARTY PARTICIPATION.—A lease Sec. 9. Cost recovery for damage to national employees of the National Park Service. The under this subsection may include provision park resources. review shall include an assessment of the for participation by a third party, when SEC. 2. NATIONAL PARK SERVICE HOUSING IM- physical condition of such housing and the third party presence is needed or required, PROVEMENT ACT. suitability of such housing to effectively and approved by the Secretary. (a) PURPOSES.—The purposes of this section carry out the missions of the Department of (h) RENTAL GUARANTEE PROGRAM.— are— the Interior and the National Park Service. (1) GENERAL AUTHORITY.—Subject to the (1) to develop where necessary an adequate For each unit of such housing, the Secretary appropriation of necessary funds in advance, supply of quality housing units for field em- shall determine whether the unit is needed the Secretary may enter into a lease to build ployees of the National Park Service within and justified. The review shall include esti- arrangement as set forth in subsection (g) a reasonable time frame; mates of the cost of bringing each such unit with further agreement to guarantee the oc- (2) to expand the alternatives available for that is needed and justified into usable con- cupancy of field employee quarters con- construction and repair of essential govern- dition that meets all applicable legal hous- structed or rehabilitated under such lease. A ment housing; ing requirements or, if the unit is deter- guarantee made under this subsection shall (3) to rely on the private sector to finance mined to be obsolete but is still warranted to be in writing. or supply housing in carrying out this sec- carry out the missions of the Department of (2) LIMITATIONS.—The Secretary may not tion, to the maximum extent possible, in the Interior and the National Park Service, guarantee— order to reduce the need for Federal appro- the cost of replacing the unit. (A) the occupancy of more than 75 percent priations; (f) AUTHORIZATION FOR HOUSING AGREE- of the units constructed or rehabilitated (4) to provide increased opportunities for MENTS.—For those units of the National under such lease; and the ownership of housing by field employees, Park System for which the review required (B) at a rental rate that exceeds the rate together with the equity and tax benefits as- by subsections (c) and (e) has been com- based on the reasonable value of the housing sociated with home ownership; pleted, the Secretary is authorized, pursuant in accordance with requirements applicable September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10443 under section 5911 of title 5, United States sional committees respecting the authority ment housing. The study shall specifically Code. of this subsection. examine the feasibility of providing rental In no event shall outstanding guarantees be (l) LEASING OF SEASONAL EMPLOYEE QUAR- allowances to temporary and lower paid per- in excess of $3,000,000. TERS.— manent employees. Whenever the Secretary (3) RENTAL TO GOVERNMENT EMPLOYEES.—A (1) GENERAL AUTHORITY.—Subject to para- submits a copy of such study to the Office of guarantee may be made under this sub- graph (2), the Secretary may lease quarters Management and Budget, he shall concur- section only if the lessee agrees to permit at or near a unit of the national park system rently transmit copies of the report to the the Secretary to utilize for housing purposes for use as seasonal quarters for field employ- Resources Committee of the United States any units for which the guarantee is made. ees. The rent charged to field employees House of Representatives and the Committee (4) FAILURE TO MAINTAIN A SATISFACTORY under such a lease shall be a rate based on on Energy and Natural Resources of the LEVEL OF OPERATION AND MAINTENANCE.—The the reasonable value of the quarters in ac- United States Senate. lease shall be null and void if the lessee fails cordance with requirements applicable under (r) GENERAL PROVISIONS.— to maintain a satisfactory level of operation section 5911 of title 5, United States Code. (1) CONSTRUCTION LIMITATIONS ON FEDERAL and maintenance. (2) LIMITATION.—The Secretary may only LANDS.—The Secretary may not utilize any lands for the purposes of providing field em- (i) JOINT DEVELOPMENT AUTHORITY.—The issue a lease under paragraph (1) if the Sec- Secretary may use authorities granted by retary finds that there is a shortage of ade- ployee housing under this section which statute in combination with one another in quate and affordable seasonal quarters at or could impact primary resource values of the the furtherance of providing where necessary near such unit and that— area or adversely affect the mission of the and justified affordable field employee hous- (A) the requirement for such seasonal field agency. Any construction carried out under ing. employee quarters is temporary; or this section shall be fully consistent with ap- proved land management agency plans. (j) CONTRACTS FOR THE MANAGEMENT OF (B) leasing would be more cost effective (2) RENTAL RATES.—The Secretary shall es- FIELD EMPLOYEE QUARTERS.— than construction of new seasonal field em- tablish rental rates for all quarters occupied (1) GENERAL AUTHORITY.—Subject to the ployee quarters. by field employees of the National Park appropriation of necessary funds in advance, (3) UNRECOVERED COSTS.—The Secretary Service that are based on the reasonable the Secretary may enter into contracts of may pay the unrecovered costs of leasing value of the quarters in accordance with re- any duration for the management, repair, seasonal quarters under this subsection from quirements applicable under section 5911 of and maintenance of field employee quarters. annual appropriations for the year in which title 5, United States Code. (2) TERMS AND CONDITIONS.—Any such con- such lease is made. (3) EXEMPTION FROM LEASING REQUIRE- tract shall contain such terms and condi- (m) SURVEY OF EXISTING FACILITIES.—The MENTS.—The provisions of section 5 of the tions as the Secretary deems necessary or Secretary shall— Act of July 15, 1968 (82 Stat. 354, 356; 16 U.S.C. appropriate to protect the interests of the (1) complete a condition assessment for all 460l-22), and section 321 of the Act of June 30, United States and assure that necessary field employee housing, including the phys- 1932 (40 U.S.C. 303b; 47 Stat. 412), shall not quarters are available to field employees. ical condition of such housing and the neces- sity and suitability of such housing for the apply to leases issued by the Secretary under (k) JOINT EMPLOYEE-AGENCY HOUSING PRO- effective prosecution of the agency mission, this section. GRAMS.— using existing information; and (s) PROCEEDS.—The proceeds from any (1) SALE OF QUARTERS.— (2) develop a agency-wide priority listing, lease under subsection (g)(1)(A)(i), any lease (A) GENERAL AUTHORITY.—Notwithstanding by structure, identifying those units in under subsection (k)(2), and any lease of sea- any other provision of law, the Secretary greatest need for repair, rehabilitation, re- sonal quarters under subsection (l), shall be may sell field employee quarters to field em- placement, or initial construction. retained by the National Park Service. Such ployees of the agency or a cooperative whose (n) USE OF HOUSING-RELATED FUNDS.—Ex- proceeds shall be deposited into the special membership is made up exclusively of field penditure of any funds authorized and appro- fund established for maintenance and oper- employees of the agency. priated for new construction, repair, or reha- ation of quarters. (B) INTEREST IN LANDS.—The Secretary bilitation of housing under this section shall (t) DEFINITIONS.—For purposes of this sec- may only sell a leasehold interest in lands follow the housing priority listing estab- tion: attendant to the sale of any quarters under lished by the agency under subsection (m), in (1) The term ‘‘field employee’’ means— subparagraph (A). sequential order, to the maximum extent (A) an employee of the National Park Serv- (2) LEASE OF QUARTERS.—The Secretary practicable. ice who is exclusively assigned by the Na- may lease Federal land to field employees of (o) ANNUAL BUDGET SUBMITTAL.—The tional Park Service to perform duties at a the National Park Service or a cooperative President’s proposed budget to Congress for field unit, and the members of their family; made up of field employees of the National the first fiscal year beginning after enact- and Park Service for purposes of constructing ment of this Act, and for each subsequent (B) other individuals who are authorized to employee housing. fiscal year, shall include identification of occupy Government quarters under section (3) RIGHT OF FIRST REFUSAL.—The Sec- nonconstruction funds to be spent for Na- 5911 of title 5, United States Code, and for retary shall have right of first refusal when tional Park Service housing maintenance whom there is no feasible alternative to the any property transferred under this sub- and operations which are in addition to rent- provision of Government housing, and the section is for sale. al receipts collected. members of their family. (4) COVENANTS.—The Secretary may estab- (p) EMPLOYEE TRANSPORTATION.—The Sec- (3) The term ‘‘land management agency’’ lish and enforce such covenants as may be retary may use applicable appropriations of means the National Park Service, Depart- appropriate to the property, upon its sale by the National Park System for transportation ment of the Interior. the Secretary under this subsection. to and from work, outside of regular working (4) The term ‘‘primary resource values’’ (5) FAIR MARKET VALUE.—The Secretary hours, of field employees, residing in or near means resources which are specifically men- may sell or transfer employee quarters under a national park system unit, such transpor- tioned in the enabling legislation or identi- this subsection for less than fair market tation to be between the unit and the city, or fied in the general management plan for that value if the Secretary determines that such intervening points, at reasonable rates to be field unit or other resource value recognized a sale or transfer will improve the quality of determined by the Secretary taking into under Federal statute. field employee quarters available and keep consideration, among other factors, com- (5) The term ‘‘quarters’’ means quarters the quarters affordable at the salary ranges parable rates charged by transportation owned or leased by the Government. of field employees normally occupying them. companies in the locality for similar serv- (6) The term ‘‘seasonal quarters’’ means (6) RULE OF CONSTRUCTION.—Disposal of em- ices, the amounts collected for such trans- quarters typically occupied by field employ- ployee quarters under this subsection to field portation to be credited to the current ap- ees who are hired on assignments of 6 employees and cooperatives whose member- propriation account available for adminis- months or less. ship is made up exclusively of field employ- tration of the national park system unit con- SEC. 3. MINOR BOUNDARY REVISION AUTHORITY. ees shall not be considered disposal of excess cerned and shall be available to the Sec- Section 7(c) of the Land and Water Con- Federal real property under the Federal retary for obligation or expenditure. Any servation Fund Act of 1965 (16 U.S.C. 4601– Property and Administrative Services Act of surplus proceeds shall be retained by the 9(c)) is amended as follows: 1949 (40 U.S.C. 471 et seq.). agency for those purposes until expended. If (1) In the first sentence, by striking ‘‘Com- (7) CONTINUING EMPLOYMENT REQUIRE- adequate transportation facilities are avail- mittee on Natural’’ and inserting ‘‘Commit- MENT.—An individual may occupy employee able, or shall be available by any common tee on’’. quarters under this subsection only if the in- carrier, at reasonable rates, then and in that (2) By striking ‘‘: Provided, however,’’ and dividual or a member of the family of the in- event the services contemplated by this sub- all that follows through ‘‘1965’’ and inserting dividual is employed at the National Park section shall not be offered. the following after the first sentence: ‘‘In all System unit with respect to which the quar- (q) STUDY OF HOUSING ALLOWANCES.—With- cases except the case of technical boundary ters are made available. in 12 months after the date of enactment of revisions (resulting from such causes as sur- (8) NOTICE.—The Secretary may not take this Act, the Secretary shall conduct a study vey error or changed road alignments), the any action authorized pursuant to this sec- to determine the feasibility of providing eli- authority of the Secretary under clause (i) tion until 180 days after the Secretary sub- gible employees of the National Park Service shall apply only if each of the following con- mits a report to the appropriate congres- with housing allowances rather than govern- ditions is met: H10444 CONGRESSIONAL RECORD — HOUSE September 17, 1996 ‘‘(1) The sum of the total acreage of lands, chase or donation, real property (other than (12) Section 104(b) of the Act of November waters, and interests therein to be added to Federal land), for the purposes specified in 19, 1988 (Public Law 100–698; 102 Stat. 4621). the area and the total such acreage to be de- this section. (13) Section 1015(b) of the Urban Park and leted from the area is not more than 5 per- ‘‘(3) For real property acquired pursuant to Recreation Recovery Act of 1978 (Public Law cent of the total Federal acreage authorized paragraph (2), the Secretary shall establish 95–625; 92 Stat. 3544; 16 U.S.C. 2514(b)). to be included in the area and is less than 200 written guidelines setting forth criteria to (14) Section 105 of the Act of August 13, acres in size. be used in determining whether the acquisi- 1970 (Public Law 91–378; 16 U.S.C. 1705). ‘‘(2) The acquisition, if any, is not a major tion would— (15) Section 307(b) of the National Historic Federal action significantly affecting the ‘‘(A) reflect unfavorably upon the ability of Preservation Act (Public Law 89–665; 16 quality of the human environment, as deter- the Department or an employee to carry out U.S.C. 470w–6(b)). mined by the Secretary. its responsibilities or official duties in a fair (b) AMENDMENTS.—The following provisions ‘‘(3) The sum of the total appraised value and objective manner; or are amended: of the lands, water, and interest therein to ‘‘(B) compromise the integrity, or the ap- (1) Section 10 of the Archaeological Re- be added to the area and the total appraised pearance of integrity, of the Department’s sources Protection Act of 1979, by striking value of the lands, waters, and interests programs or of any official involved in those the last sentence of subsection (c) (Public therein to be deleted from the area does not programs. Law 96–95; 16 U.S.C. 470ii(c)). exceed $750,000. ‘‘(4) The Secretary may, subject to the ap- (2) Section 5(c) of the Act of June 27, 1960 ‘‘(4) The proposed boundary revision is not propriation of necessary funds in advance, (Public Law 86–523; 16 U.S.C. 469a–3(c); 74 an element of a more comprehensive bound- construct, operate, and maintain such per- Stat. 220), by inserting a period after ‘‘Act’’ ary modification proposal. manent and temporary buildings and facili- and striking ‘‘and shall submit’’ and all that ‘‘(5) The proposed boundary has been sub- ties as the Secretary deems appropriate on follows. ject to a public review and comment period. land which is in the vicinity of any unit of (3) Section 7(a)(3) of the Act of September ‘‘(6) The Director of the National Park the national park system for which the Sec- 3, 1964 (Public Law 88–578; 78 Stat. 903; 16 Service obtains written support for the retary has acquired authority under this sec- U.S.C. 460l–9(a)(3)), by striking the last sen- boundary modification from all property tion, except that the Secretary may not tence. owners whose lands, water, or interests begin construction, operation, or mainte- (4) Section 111 of the Petroglyph National therein, or a portion of whose lands, water, nance of buildings or facilities on land not Monument Establishment Act of 1990 (Public or interests therein, will be added to or de- owned by the United States until the owner Law 101–313; 104 Stat. 278), by striking out leted from the area by the boundary modi- of such lands has entered into a binding the second sentence. fication. agreement with the Secretary, the terms of (5) Section 307(a) of the National Historic Minor boundary revisions involving only de- which assure the continued use of such build- Preservation Act (Public Law 89–665; 16 letions of acreage owned by the Federal Gov- ings and facilities for a period of time com- U.S.C. 470w–6(a)) is amended by striking the ernment and administered by the National mensurate with the level of Federal invest- first and second sentences. Park Service may be made only by Act of ment. (6) Section 101(a)(1)(B) of the National His- Congress.’’. ‘‘(c) COOPERATIVE AGREEMENTS AND JOINT toric Preservation Act (Public Law 89–665; 16 SEC. 4. AUTHORIZATION FOR CERTAIN PARK FA- VENTURES FOR INFRASTRUCTURE FACILITIES.— U.S.C. 470a) by inserting a period after ‘‘Reg- CILITIES TO BE LOCATED OUTSIDE The Secretary is authorized, subject to the ister’’ the last place such term appears and OF UNITS OF THE NATIONAL PARK appropriation of necessary funds in advance, by striking ‘‘and submitted’’ and all that fol- SYSTEM. to enter into cooperative agreements or joint lows. Section 4 of the Act entitled ‘‘An Act to ventures with local or State governmental SEC. 6. SENATE CONFIRMATION OF THE DIREC- improve the administration of the national agencies, other Federal agencies, Indian TOR OF THE NATIONAL PARK SERV- park system by the Secretary of the Interior, Tribes, and private entities either on or off ICE. and to clarify the authorities applicable to the lands subject to the jurisdiction of the (a) IN GENERAL.—The first section of the the system, and for other purposes’’ ap- Secretary, to provide appropriate and nec- Act entitled ‘‘An Act to establish a National proved August 18, 1970 (16 U.S.C. 1a–1 et seq.), essary utility and other infrastructure facili- Park Service, and for other purposes’’, ap- is amended to read as follows: ties in support of park administration, visi- proved August 25, 1916 (39 Stat. 535; 16 U.S.C. ‘‘SEC. 4. AUTHORIZATION FOR PARK FACILITIES tor use, and park employee residential hous- 1; commonly referred to as the ‘‘National OUTSIDE BOUNDARIES OF SYSTEM ing.’’. Park Service Organic Act’’), is amended in UNITS. SEC. 5. ELIMINATION OF UNNECESSARY CON- the first sentence by striking ‘‘who shall be ‘‘(a) AUTHORITY.—In order to facilitate the GRESSIONAL REPORTING REQUIRE- appointed by the Secretary’’ and all that fol- administration of the national park system, MENTS. lows and inserting ‘‘who shall be appointed the Secretary of the Interior is authorized, (a) REPEALS.—The following provisions are by the President, by and with the advice and under such terms and conditions as he may hereby repealed: consent of the Senate. The Director shall deem advisable, to establish essential facili- (1) Section 302(c) of the Act entitled ‘‘An have substantial experience and dem- ties for park administration, visitor use, and Act to authorize the establishment of the onstrated competence in land management park employee residential housing outside Chattahoochee River National Recreation and natural or cultural resource conserva- the boundaries, but within the vicinity, of Area in the State of Georgia, and for other tion. The Director shall select two Deputy units of the national park system for pur- purposes (Public Law 95–344; 92 Stat. 478; 16 Directors. The first Deputy Director shall poses of assuring conservation, visitor use, U.S.C. 2302(c)). have responsibility for National Park Serv- and proper management of such units. Such (2) Section 503 of the Act of December 19, ice operations, and the second Deputy Direc- facilities, and the use thereof, shall be in 1980 (Public Law 96–550; 94 Stat. 3228; 16 tor shall have responsibility for other pro- conformity with approved plans for the unit U.S.C. 410ii–2). grams assigned to the National Park Serv- concerned. The Secretary shall use existing (3) Subsections (b) and (c) of section 4 of ice.’’. facilities wherever feasible. Such facilities the Act of October 15, 1982 (Public Law 97– (b) EFFECTIVE DATE AND APPLICATION.—The may only be constructed by the Secretary 335; 96 Stat. 1628; 16 U.S.C. 341 note). amendment made by subsection (a) shall upon finding that location of such facilities (4) Section 7 of Public Law 89–671 (96 Stat. take effect on February 1, 1997, and shall would— 1457; 16 U.S.C. 284f). apply with respect to the individual (if any) ‘‘(1) avoid undue degradation of the pri- (5) Section 3(c) of the National Trails Sys- serving as the Director of the National Park mary natural or cultural resources within tem Act (Public Law 90–543; 82 Stat. 919; 16 Service on that date. the unit; U.S.C. 1242(c)). SEC. 7. NATIONAL PARK SYSTEM ADVISORY ‘‘(2) enhance service to the public; or (6) Section 4(b) of the Act of October 24, BOARD AUTHORIZATION. ‘‘(3) provide a cost saving to the Federal 1984 (Public Law 98–540; 98 Stat. 2720; 16 (a) NATIONAL PARK SYSTEM ADVISORY Government. U.S.C. 1a–8). BOARD.—Section 3 of the Act of August 21, ‘‘(b) AGREEMENTS, LEASES, GUIDELINES, AND (7) Section 106(b) of the National Visitor 1935 (49 Stat. 667; 16 U.S.C. 463) is amended as CONSTRUCTION.—For the purpose of establish- Center Facilities Act of 1968 (Public Law 90– follows: ing facilities under subsection (a): 264; 82 Stat. 44; 40 U.S.C. 805(b)). (1) In subsection (a) by striking the first 3 ‘‘(1) The Secretary may enter into agree- (8) Section 6(f)(7) of the Act of September sentences and inserting in lieu thereof: ments permitting the Secretary to use for 3, 1964 (Public Law 88–578; 78 Stat. 900; 16 ‘‘There is hereby established a National Park such purposes those Federal lands that the U.S.C. 460l–8(f)(7)). System Advisory Board, whose purpose shall head of a Federal agency having primary au- (9) Subsection (b) of section 8 of the Act of be to advise the Director of the National thority over the administration of such land August 18, 1970 (Public Law 91–383; 90 Stat. Park Service on matters relating to the Na- and the Secretary determine to be suitable 1940; 16 U.S.C. 1a–5(b)). tional Park Service, the National Park Sys- for such use. (10) The last sentence of section 10(a)(2) of tem, and programs administered by the Na- ‘‘(2) The Secretary, under such terms and the National Trails System Act (Public Law tional Park Service. The Board shall advise conditions as the Secretary determines are 90–543; 82 Stat. 926; 16 U.S.C. 1249(a)(2)). the Director on matters submitted to the reasonable, may, subject to the appropria- (11) Section 4 of the Act of October 31, 1988 Board by the Director as well as any other tion of necessary funds in advance, lease or (Public Law 100–573; 102 Stat. 2891; 16 U.S.C. issues identified by the Board. Members of acquire (from willing sellers only) by pur- 460o note). the Board shall be appointed on a staggered September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10445 term basis by the Secretary for a term not to as the Board may deem advisable. Any mem- a living part of a marine or aquatic regimen exceed 4 years and shall serve at the pleasure ber of the Board may administer oaths or af- within the boundaries of a unit of the Na- of the Secretary. The Board shall be com- firmations to witnesses appearing before the tional Park System, except for resources prised of no more than 12 persons, appointed Board. owned by a non-Federal entity.’’. from among citizens of the United States ‘‘(2) The Board may establish committees (3) In section 2(b) (16 U.S.C. 19jj–1(b)), by having a demonstrated commitment to the or subcommittees. Any such subcommittees inserting ‘‘any marine or aquatic park re- mission of the National Park Service. Board or committees shall be chaired by a voting source’’ after ‘‘any park system resource’’. members shall be selected to represent var- member of the Board. The SPEAKER pro tempore. Pursu- ious geographic regions, including each of ‘‘(d) The provisions of the Federal Advisory ant to the rule, the gentleman from the administrative regions of the National Committee Act shall apply to the Board es- Park Service. At least 6 of the members shall tablished under this section with the excep- Utah [Mr. HANSEN] and the gentleman have outstanding expertise in 1 or more of tion of section 14(b). from New Mexico [Mr. RICHARDSON] the following fields: history, archaeology, ‘‘(e)(1) The Board is authorized to secure each will control 20 minutes. anthropology, historical or landscape archi- directly from any office, department, agen- The Chair recognizes the gentleman tecture, biology, ecology, geology, marine cy, establishment, or instrumentality of the from Utah [Mr. HANSEN]. science, or social science. At least 4 of the Federal Government such information as the members shall have outstanding expertise Board may require for the purpose of this b 1430 and prior experience in the management of section, and each such officer, department, national or State parks or protected areas, agency, establishment, or instrumentality is Mr. HANSEN. Mr. Speaker, I yield or national or cultural resources manage- authorized and directed to furnish, to the ex- such time as he may consume to the ment. The remaining members shall have tent permitted by law, such information, gentleman from Colorado [Mr. outstanding expertise in 1 or more of the suggestions, estimates, and statistics di- HEFLEY], the author of the bill. areas described above or in another profes- rectly to the Board, upon request made by a Mr. HEFLEY. Mr. Speaker, the first sional or scientific discipline, such as finan- member of the Board. title of this bill, H.R. 2941, is our at- cial management, recreation use manage- ‘‘(2) Upon the request of the Board, the tempt to deal with the backlog of hous- ment, land use planning or business manage- head of any Federal department, agency, or ing needs in the National Park Service. ment, important to the mission of the Na- instrumentality is authorized to make any tional Park Service. At least 1 individual of the facilities and services of such depart- The extent of the National Park Serv- shall be a locally elected official from an ment, agency, or instrumentality to the ice’s housing needs is vague but has area adjacent to a park. The Board shall hold Board, on a nonreimbursable basis, to assist been estimated to be as high as $500 its first meeting by no later than 60 days the Board in carrying out its duties under million. I wish it was possible to write after the date on which all members of the this section. a check for that amount, but in these Advisory Board who are to be appointed have ‘‘(3) The Board may use the United States times of trying to balance the budget, been appointed. Any vacancy in the Board mails in the same manner and under the that is simply not possible. shall not affect its powers, but shall be filled same conditions as other departments and Instead, H.R. 2941 will provide the in the same manner in which the original ap- agencies in the United States.’’. pointment was made. The Board may adopt (b) AUTHORIZATION OF APPROPRIATIONS.— Park Service with the a number of cre- such rules as may be necessary to establish There are authorized to be appropriated to ative authorities to encourage others its procedures and to govern the manner of the National Park System Advisory Board besides the Federal Government to in- its operations, organization, and personnel. $200,000 per year to carry out the provisions vest in employee housing. All members of the Board shall be reim- of section 3 of the Act of August 21, 1935 (49 Several years ago Rocky Mountain bursed for travel and per diem in lieu of sub- Stat. 667; 16 U.S.C. 463). National Park, in cooperation with the sistence expenses during the performance of (c) EFFECTIVE DATE.—This section shall National Park Foundation, attempted duties of the Board while away from home or take effect on December 7, 1997. to address its own housing needs by their regular place of business, in accordance SEC. 8. CHALLENGE COST-SHARE AGREEMENT purchasing a nearby church camp that with subchapter 1 of chapter 57 of title 5, AUTHORITY. United States Code. With the exception of (a) DEFINITIONS.—For purposes of this sec- was on the market. The deal fell travel and per diem as noted above, a mem- tion— through because, according to the Na- ber of the Board who is otherwise an officer (1) The term ‘‘challenge cost-share agree- tional Park Foundation and the park or employee of the United States Govern- ment’’ means any agreement entered into be- superintendent, the authorities were ment shall serve on the Board without addi- tween the Secretary and any cooperator for not available for them to close the tional compensation.’’. the purpose of sharing costs or services in deal. Randy Jones, the Rocky Moun- (2) By redesignating subsections (b) and (c) carrying out authorized functions and re- tain superintendent, claims he could as (f) and (g) and by striking from the first sponsibilities of the Secretary of the Interior solve most of his housing needs tomor- sentence of subsection (f), as so redesignated with respect to any unit or program of the ‘‘1995’’ and inserting in lieu thereof ‘‘2006’’. National Park System (as defined in section row if he only had the flexibility this (3) By adding the following new sub- 2(a) of the Act of August 8, 1953 (16 U.S.C. bill would give him. sections after subsection (a): 1c(a))), any affiliated area, or any designated We have worked with the Park Serv- ‘‘(b)(1) The Secretary is authorized to hire National Scenic or Historic Trail. ice, and they tell us the bill gives them 2 full-time staffers to meet the needs of the (2) The term ‘‘cooperator’’ means any what they need. Several of these au- Advisory Board. State or local government, public or private ‘‘(2) Service of an individual as a member thorities were borrowed from legisla- agency, organization, institution, corpora- tion crafted for the military where the of the Board shall not be considered as serv- tion, individual, or other entity. ice or employment bringing such individual authorities are proving useful in im- (b) CHALLENGE COST-SHARE AGREEMENTS.— within the provisions of any Federal law re- The Secretary of the Interior is authorized proving the quality of housing. lating to conflicts of interest or otherwise to negotiate and enter into challenge cost- The bill also urges the Park Service imposing restrictions, requirements, or pen- share agreements with cooperators. to examine such options as paid trans- alties in relation to the employment of per- (c) USE OF FEDERAL FUNDS.—In carrying sons, the performance of services, or the pay- portation from home to work site and ment or receipt of compensation in connec- out challenge cost-share agreements, the employee cooperatives, in which rang- tion with claims, proceedings, or matters in- Secretary of the Interior is authorized to ers can build up this equity while they volving the United States. Service as a mem- provide the Federal funding share from any are being moved around the country. ber of the Board, or as an employee of the funds available to the National Park Service. As I have stated, the Park Service es- Board, shall not be considered service in an SEC. 9. COST RECOVERY FOR DAMAGE TO NA- timates its housing needs to be more TIONAL PARK RESOURCES. appointive or elective position in the Gov- than $500 million. However, in several ernment for purposes of section 8344 of title Public Law 101–337 is amended as follows: 5, United States Code, or comparable provi- (1) In section 1 (16 U.S.C. 19jj), by amending reports from the General Accounting sions of Federal law. subsection (d) to read as follows: Office we cannot account for quite that ‘‘(c)(1) Upon request of the Director, the ‘‘(d) ‘Park system resource’ means any liv- much, but we know that there is a sig- Board is authorized to— ing or non-living resource that is located nificant need there. For that reason, ‘‘(A) hold such hearings and sit and act at within the boundaries of a unit of the Na- we have adopted an amendment by my such times, tional Park System, except for resources friend, the gentleman from Minnesota ‘‘(B) take such testimony, owned by a non-Federal entity.’’. [Mr. VENTO], which withholds the use ‘‘(C) have such printing and binding done, (2) In section 1 (16 U.S.C. 19jj) by adding at ‘‘(D) enter into such contracts and other the end thereof the following: of these authorities from individual arrangements, ‘‘(g) ‘Marine or aquatic park system re- park units until those units justify ‘‘(E) make such expenditures, and source’ means any living or non-living part their needs, which seems perfectly rea- ‘‘(F) take such other actions, of a marine or aquatic regimen within or is sonable. H10446 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Further, in response to CBO’s con- (Mr. HANSEN asked and was given to seek their assistance in solving this cerns about out year costs, the amend- permission to revise and extend his re- problem. The legislation even author- ment before you makes the entire sec- marks.) izes the Secretary to sell housing to tion subject to appropriations. I under- Mr. HANSEN. Mr. Speaker, I rise in employee cooperatives which would stand this amendment has been cleared strong support of H.R. 2941, legislation eliminate the need for Federal mainte- with the Committee on the Budget. which provides for a number of needed nance of housing while at the same In conclusion, I would ask my col- administrative reforms in the National time permitting employees to gain the leagues to recall the horror stories we Park Service. This important bill con- benefits of home ownership. Third, we have heard in recent years of park tains eight different reform proposals must make sure that every single dol- rangers living in tents or packing ranging from relatively minor propos- lar is spent wisely, and that the funds crates. We have a problem, one which als, to important, long-debated meas- go to the highest priority needs. we need to be flexible and creative in ures, and reflects the work of several Section 3 of the bill provides for ge- order to try to solve, a problem which different authors. neric authority for the National Park is fixable in fairly short order if the Mr. Speaker, many of these proposals Service to make minor park boundary Park Service had the authorities to do are just good common sense; proposals adjustments. While this authority does so. which will make National Park Service exist for all parks established after Mr. Speaker, this bill attempts to operations more efficient, and reduce 1965, and for selected other parks, give them those authorities, and I ask unnecessary work here in Congress. many parks do not have such author- Members’ support of the amendment These are precisely the types of propos- ity. Further, there is no definition of and of this bill. als which could have been expected what constitutes a minor boundary ad- Mr. RICHARDSON. Mr. Speaker, I from an administration which claims justment. Therefore, we find that the yield myself such time as I may to be reinventing Government. Unfor- NPS has administratively accepted do- consume. tunately, Secretary Babbitt has ig- nation of about 30 acres at the Presidio (Mr. RICHARDSON asked and was nored the National Park Service. which has a Federal liability of $65 mil- given permission to revise and extend For example, several years ago Sec- lion for rehabilitation of currently un- his remarks.) retary Babbitt announced a major ini- usable structures, while Congress is Mr. RICHARDSON. Mr. Speaker, al- tiative to improve housing in our na- passing legislation to add several hun- though H.R. 2941, as introduced, dealt tional parks. After building a single dred square yards of land administered solely with employee housing, a com- house for a publicity venture at Great by another Federal agency to Inde- prehensive substitute was adopted by Smokey Mountains National Park, pendence National Historic Park. This the Resources Committee that incor- Secretary Babbitt has essentially aban- legislation will save time and money porated several diverse park proposals doned the program. In this legislation, for Congress and the administration. that were pending before the commit- Congress has provided a comprehensive Section 4 of the bill provides generic tee. I did not object to this procedure solution to the housing problems of the authority for the NPS to establish ad- being used in this instance. In fact, National Park Service. This legislative ministrative and visitor facilities out- Representative HANSEN and his staff proposal is not intended as a publicity side of park boundaries. This authority worked with Democratic members of stunt; I’m not even sure that Mr. will permit the NPS to establish joint the committee and the administration HEFLEY, author of the provision, has is- interagency visitor centers, or locate to craft a package we can all support. sued a press release about it. Rather visitor centers or headquarter offices The centerpiece of this legislative this legislation is being advanced be- outside of park boundaries where it package is the National Park Service cause Members believe that National makes sense. There are currently sev- employee housing initiative.We have Park Service employees deserve a de- eral proposals now working through all seen or heard of examples of deplor- cent place to live. Congress to establish such centers, and able employee housing. We know prob- Mr. Speaker, this entire legislative each of them now requires a separate lems exist. If we are to properly ad- package is bipartisan in nature and re- act. dress this issue, the Congress needs an flects the strong input from Democrats Section 5 deletes 22 unnecessary con- accurate assessment of employee hous- as well as Republicans on the Re- gressional reporting requirements. ing requirements, the costs associated sources Committee. I thank Mr. RICH- Many of these requirements are simply with those requirements, and a viable ARDSON and Mr. VENTO for their valu- outdated, such as requiring an annual working plan to address housing needs. able assistance in developing this legis- report on the National Visitor Center Representative VENTO who worked on lation. at Union Station which was closed over this issue for several years took the As I mentioned, section 2 of the bill 15 years ago; while others have never lead to develop language that was provides for a variety of authorities to been complied with, such as the na- adopted by the committee to address address the unacceptable condition of tional trails system report. But most- this important aspect of the program. housing which many NPS employees ly, this section will save the agency It is a better bill because of these pro- are required to live in. We heard in tes- time and money preparing reports visions. timony about park employees living in which are of little use in the congres- Several other elements of H.R. 2941, uninsulated houses in severe climates, sional process. amended, are specific legislative initia- living in buildings which do not meet Section 6 provides for Senate con- tives of the National Park Service and basic life-safety codes, living in 50-year firmation of the National Park Service their inclusion will provide the NPS old repossessed trailers, even in one Director, in the same manner as the with some useful management tools. case, living in a land-sea shipping con- other land management agency heads I would note that based on the com- tainer. within the Interior Department—Direc- mittee hearing last fall, there was cer- These conditions must be addressed, tor of the Fish and Wildlife Service and tainly potential for controversy re- and the first step to addressing them is the Director of the Bureau of Land garding the provision on the appoint- to make absolutely sure that every sin- Management. While many persons have ment of the NPS Director. I am glad to gle housing unit in every park can be long believed that the head of this im- see that cooler heads prevailed and fully justified. Second, we must figure portant agency should be subject to that the language was amended to its out how to fund the necessary housing congressional scrutiny, the issue current form. improvements. Although the Appro- gained renewed support when Sec- All in all Mr. Speaker, H.R. 2941, as priation Committee has provided sub- retary Babbitt announced that his top amended, is a good package. The bill is stantial funds for housing in the past, two candidates for the Office of NPS an example of how we can work to- it is unrealistic to expect they will Director were Tom Brokaw and Robert gether on park issues. fully fund the hundreds of millions Redford. While these two gentlemen Mr. Speaker, I reserve the balance of needed for this program in the near fu- are well-respected in their chosen my time. ture. Therefore, this legislation, au- fields, they know nothing about run- Mr. HANSEN. Mr. Speaker, I yield thorizes a number of cooperative ven- ning the best park system in the world. myself such time as I may consume. tures with the private sector, designed Public exposure of these selections was September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10447 a clear signal of the purely political with the Park Service. I think Director GENERAL LEAVE manner in which Secretary Babbitt in- Kennedy has done a good job, too. I dif- Mr. HANSEN. Mr. Speaker, I ask tended to operate the NPS, and re- fer with the chairman on whether Tom unanimous consent that all Members sulted in both Democratic and Repub- Brokaw or Robert Redford would have may have 5 legislative days in which to lican-authored measures to require been good directors of the Park Serv- revise and extend their remarks on that the head of the NPS know some- ice. I think what Secretary Babbitt is H.R. 2941, the bill just passed. thing about parks other than having looking at is somebody with high visi- The SPEAKER pro tempore. Is there vacationed there. bility, to give the parks the visibility objection to the request of the gen- Section 7 of the bill reauthorizes the that they need. tleman from Utah? I know the chairman agrees with me. National Park System advisory board. There was no objection. The statutory authorization for this We have got to find ways to ensure f board expired a couple years ago. While that these parks are funded. We need the board has been reauthorized admin- the private sector to help. I think that ELECTRONIC FREEDOM OF INFOR- istratively, the role of this board as an was one of the objectives viewed there. MATION ACT AMENDMENTS OF independent advisor to the Secretary But I am not going to get into an argu- 1996 ment with him, except to say that this could be enhanced if it were reestab- Mr. HORN. Mr. Speaker, I move to administration has done a good job lished by law. suspend the rules and pass the bill with the environment and with the Section 8 establishes and expands the (H.R. 3802) to amend section 552 of title Park Service, particularly Director Challenge Cost Share Program for the 5, United States Code, popularly known Kennedy and Secretary Babbitt. NPS on a permanent basis. This pro- as the Freedom of Information Act, to gram, which permits Federal dollars to This is an occasion where, perhaps a few times that we have come together provide for public access to informa- be leveraged with non-Federal dollars, tion in an electronic format, and for has proven very effective for the Forest on a bill, we should recognize that that has happened. I commend the gen- other purposes, as amended. Service; and it is expected to provide The Clerk read as follows: similar benefits for the National Park tleman from Colorado [Mr. HEFLEY] H.R. 3802 Service at a time when appropriations and the gentleman from Utah [Mr. are limited. HANSEN] for this bill. It is a good one. Be it enacted by the Senate and House of Rep- They work with us. They compromise. resentatives of the United States of America in Finally, section 9 of the bill permits Congress assembled, the NPS to recover costs from damages We compromise. We have a good prod- SECTION 1. SHORT TITLE. to natural resources in the same man- uct that I think will advance the na- tional interest. This Act may be cited as the ‘‘Electronic ner as costs are recovered from dam- Freedom of Information Act Amendments of ages to marine resources. When the b 1445 1996’’. Federal Government recovers costs Mr. Speaker, I yield back the balance SEC. 2. FINDINGS AND PURPOSES. from such damage, it makes far more of my time. (a) FINDINGS.—The Congress finds that— sense to apply those funds to restore Mr. HANSEN. Mr. Speaker, I yield (1) the purpose of section 552 of title 5, the resources than to deposit such myself such time as I may consume. United States Code, popularly known as the funds into the Treasury, as is currently Mr. Speaker, I appreciate the words Freedom of Information Act, is to require agencies of the Federal Government to make the policy. from the ranking member of the com- Mr. Speaker, as Members can see, certain agency information available for mittee. Let me say that, as a Repub- public inspection and copying and to estab- this bill contains a number of very im- lican member, we have no desire to lish and enable enforcement of the right of portant provisions which will help our close any parks, contrary to what peo- any person to obtain access to the records of parks, its employees, and make con- ple have said, but to make them better. such agencies, subject to statutory exemp- gressional oversight more effective. I I think this particular piece of legis- tions, for any public or private purpose; commend all Members who have pro- lation, as we waded through all the sec- (2) since the enactment of the Freedom of vided input into the bill, Democrats tions, points out and expedites the Information Act in 1966, and the amend- and Republicans alike, and urge all things that will make the parks better ments enacted in 1974 and 1986, the Freedom Members to support this bipartisan leg- of Information Act has been a valuable and make them work better; and we means through which any person can learn islation. are very strong on the idea of taking how the Federal Government operates; Mr. Speaker, I reserve the balance of care of our national parks. We have no (3) the Freedom of Information Act has led my time. argument with the administration on to the disclosure of waste, fraud, abuse, and Mr. RICHARDSON. Mr. Speaker, I most things that they do, but in some wrongdoing in the Federal Government; yield myself such time as I may of these areas we feel that what they (4) the Freedom of Information Act has led consume. do, but in some of these areas we feel to the identification of unsafe consumer Mr. Speaker, let me just say that I that what should be done should be products, harmful drugs, and serious health had hoped that we could keep this dis- hazards; done not for what is politically expedi- (5) Government agencies increasingly use cussion of this bill bipartisan. Obvi- ent, but done fore the benefit of the ously, I have to disagree with some of computers to conduct agency business and to parks, and that is the agreement we store publicly valuable agency records and the chairman’s comments. This is a thought we had when we first got into information; and good bill. the business of this committee. (6) Government agencies should use new Employee housing, I had a chance to I appreciate all those who have technology to enhance public access to agen- go to Yellowstone over the recess and worked so diligently on this bill. I per- cy records and information. had a chance to spend some time with sonally feel this is an excellent piece of (b) PURPOSES.—The purposes of this Act our Park Service employees, not just legislation, and I urge all Members to are to— (1) foster democracy by ensuring public ac- in law enforcement but also park rang- support it. ers, men and women. The quality of cess to agency records and information; Mr. Speaker, I yield back the balance (2) improve public access to agency records these men and women is really out- of my time. and information; standing. They are hard workers. Of The SPEAKER pro tempore (Mr. MIL- (3) ensure agency compliance with statu- course Yellowstone is the crown jewel. LER of Florida). The question is on the tory time limits; and They talked to me about this housing motion offered by the gentleman from (4) maximize the usefulness of agency issue. Basically what you have is some Utah [Mr. HANSEN] that the House sus- records and information collected, main- of our, especially bachelor, park rang- pend the rules and pass the bill, H.R. tained, used, retained, and disseminated by ers living in what is generously called 2941, as amended. the Federal Government. some very substandard housing. We The question was taken; and (two- SEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT INFORMA- have to do better. We have to do better thirds having voted in favor thereof) TION. for our park employees. the rules were suspended and the bill, Section 552(f) of title 5, United States Let me address some of the chair- as amended, was passed. Code, is amended to read as follows: man’s statements. I disagree. I think A motion to reconsider was laid on ‘‘(f) For purposes of this section, the Secretary Babbitt has done a good job the table. term— H10448 CONGRESSIONAL RECORD — HOUSE September 17, 1996 ‘‘(1) ‘agency’ as defined in section 551(1) of such efforts would significantly interfere speed, with another agency having a sub- this title includes any executive department, with the operation of the agency’s auto- stantial interest in the determination of the military department, Government corpora- mated information system. request or among two or more components of tion, Government controlled corporation, or ‘‘(D) For purposes of this paragraph, the the agency having substantial subject-mat- other establishment in the executive branch term ‘search’ means to review, manually or ter interest therein. of the Government (including the Executive by automated means, agency records for the ‘‘(iv) Each agency may promulgate regula- Office of the President), or any independent purpose of locating those records which are tions, pursuant to notice and receipt of pub- regulatory agency; and responsive to a request.’’. lic comment, providing for the aggregation ‘‘(2) ‘record’ and any other term used in SEC. 6. STANDARD FOR JUDICIAL REVIEW. of certain requests by the same requestor, or this section in reference to information in- Section 552(a)(4)(B) of title 5, United States by a group of requestors acting in concert, if cludes any information that would be an Code, is amended by adding at the end the the agency reasonably believes that such re- agency record subject to the requirements of following new sentence: ‘‘In addition to any quests actually constitute a single request, this section when maintained by an agency other matters to which a court accords sub- which would otherwise satisfy the unusual in any format, including an electronic for- stantial weight, a court shall accord sub- circumstances specified in this subpara- mat.’’. stantial weight to an affidavit of an agency graph, and the requests involve clearly relat- SEC. 4. INFORMATION MADE AVAILABLE IN ELEC- concerning the agency’s determination as to ed matters. Multiple requests involving un- TRONIC FORMAT AND INDEXATION technical feasibility under paragraph (2)(C) related matters shall not be aggregated.’’. OF RECORDS. and subsection (b) and reproducibility under (c) EXCEPTIONAL CIRCUMSTANCES.—Section Section 552(a)(2) of title 5, United States paragraph (3)(B).’’. 552(a)(6)(C) of title 5, United States Code, is Code, is amended— amended by inserting ‘‘(i)’’ after ‘‘(C)’’, and SEC. 7. ENSURING TIMELY RESPONSE TO RE- by adding at the end the following new (1) in the second sentence, by striking ‘‘or QUESTS. clauses: staff manual or instruction’’ and inserting (a) MULTITRACK PROCESSING.—Section ‘‘staff manual, instruction, or copies of ‘‘(ii) For purposes of this subparagraph, the 552(a)(6) of title 5, United States Code, is term ‘exceptional circumstances’ does not records referred to in subparagraph (D)’’; amended by adding at the end the following (2) by inserting before the period at the end include a delay that results from a predict- new subparagraph: able agency workload of requests under this of the third sentence the following: ‘‘, and ‘‘(D)(i) Each agency may promulgate regu- section, unless the agency demonstrates rea- the extent of such deletion shall be indicated lations, pursuant to notice and receipt of sonable progress in reducing its backlog of on the portion of the record which is made public comment, providing for multitrack pending requests. available or published, unless including that processing of requests for records based on indication would harm an interest protected ‘‘(iii) Refusal by a person to reasonably the amount of work or time (or both) in- modify the scope of a request or arrange an by the exemption in subsection (b) under volved in processing requests. which the deletion is made’’; alternative time frame for processing a re- ‘‘(ii) Regulations under this subparagraph quest (or a modified request) under clause (3) by inserting after the third sentence the may provide a person making a request that following: ‘‘If technically feasible, the extent (ii) after being given an opportunity to do so does not qualify for the fastest multitrack by the agency to whom the person made the of the deletion shall be indicated at the place processing an opportunity to limit the scope in the record where the deletion was made.’’; request shall be considered as a factor in de- of the request in order to qualify for faster termining whether exceptional cir- (4) in subparagraph (B), by striking ‘‘and’’ processing. after the semicolon; cumstances exist for purposes of this sub- ‘‘(iii) This subparagraph shall not be con- paragraph.’’. (5) by inserting after subparagraph (C) the sidered to affect the requirement under sub- following: SEC. 8. TIME PERIOD FOR AGENCY CONSIDER- paragraph (C) to exercise due diligence.’’. ATION OF REQUESTS. ‘‘(D) copies of all records, regardless of (b) UNUSUAL CIRCUMSTANCES.—Section form or format, which have been released to (a) EXPEDITED PROCESSING.—Section 552(a)(6)(B) of title 5, United States Code, is 552(a)(6) of title 5, United States Code (as any person under paragraph (3) and which, amended to read as follows: because of the nature of their subject mat- amended by section 7(a) of this Act), is fur- ‘‘(B)(i) In unusual circumstances as speci- ther amended by adding at the end the fol- ter, the agency determines have become or fied in this subparagraph, the time limits are likely to become the subject of subse- lowing new subparagraph: prescribed in either clause (i) or clause (ii) of ‘‘(E)(i) Each agency shall promulgate regu- quent requests for substantially the same subparagraph (A) may be extended by writ- lations, pursuant to notice and receipt of records; and ten notice to the person making such request public comment, providing for expedited ‘‘(E) a general index of the records referred setting forth the unusual circumstances for processing of requests for records— to under subparagraph (D);’’; such extension and the date on which a de- ‘‘(I) in cases in which the person requesting (6) by inserting after the fifth sentence the termination is expected to be dispatched. No the records demonstrates a compelling need; following: ‘‘Each agency shall make the such notice shall specify a date that would and index referred to in subparagraph (E) avail- result in an extension for more than ten ‘‘(II) in other cases determined by the able by computer telecommunications by working days, except as provided in clause agency. December 31, 1999.’’; and (ii) of this subparagraph. ‘‘(ii) Notwithstanding clause (i), regula- (7) by inserting after the first sentence the ‘‘(ii) With respect to a request for which a tions under this subparagraph must ensure— following: ‘‘For records created on or after written notice under clause (i) extends the ‘‘(I) that a determination of whether to November 1, 1996, within one year after such time limits prescribed under clause (i) of provide expedited processing shall be made, date, each agency shall make such records subparagraph (A), the agency shall notify and notice of the determination shall be pro- available, including by computer tele- the person making the request if the request vided to the person making the request, communications or, if computer tele- cannot be processed within the time limit within 10 days after the date of the request; communications means have not been estab- specified in that clause and shall provide the and lished by the agency, by other electronic person an opportunity to limit the scope of ‘‘(II) expeditious consideration of adminis- means.’’. the request so that it may be processed with- trative appeals of such determinations of SEC. 5. HONORING FORM OR FORMAT REQUESTS. in that time limit or an opportunity to ar- whether to provide expedited processing. Section 552(a)(3) of title 5, United States range with the agency an alternative time ‘‘(iii) An agency shall process as soon as Code, is amended— frame for processing the request or a modi- practicable any request for records to which (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; fied request. Refusal by the person to reason- the agency has granted expedited processing (2) by striking ‘‘(A)’’ the second place it ap- ably modify the request or arrange such an under this subparagraph. Agency action to pears and inserting ‘‘(i)’’; alternative time frame shall be considered as deny or affirm denial of a request for expe- (3) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; a factor in determining whether exceptional dited processing pursuant to this subpara- and circumstances exist for purposes of subpara- graph, and failure by an agency to respond in (4) by adding at the end the following new graph (C). a timely manner to such a request shall be subparagraphs: ‘‘(iii) As used in this subparagraph, ‘un- subject to judicial review under paragraph ‘‘(B) In making any record available to a usual circumstances’ means, but only to the (4), except that the judicial review shall be person under this paragraph, an agency shall extent reasonably necessary to the proper based on the record before the agency at the provide the record in any form or format re- processing of the particular requests— time of the determination. quested by the person if the record is readily ‘‘(I) the need to search for and collect the ‘‘(iv) A district court of the United States reproducible by the agency in that form or requested records from field facilities or shall not have jurisdiction to review an format. Each agency shall make reasonable other establishments that are separate from agency denial of expedited processing of a re- efforts to maintain its records in forms or the office processing the request; quest for records after the agency has pro- formats that are reproducible for purposes of ‘‘(II) the need to search for, collect, and ap- vided a complete response to the request. this section. propriately examine a voluminous amount of ‘‘(v) For purposes of this subparagraph, the ‘‘(C) In responding under this paragraph to separate and distinct records which are de- term ‘compelling need’ means— a request for records, an agency shall make manded in a single request; or ‘‘(I) that a failure to obtain requested reasonable efforts to search for the records ‘‘(III) the need for consultation, which records on an expedited basis under this in electronic form or format, except when shall be conducted with all practicable paragraph could reasonably be expected to September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10449 pose an imminent threat to the life or phys- records under this section, and the total The hallmark of a free society is that ical safety of an individual; or amount expended by the agency for process- those who are governed have access to ‘‘(II) with respect to a request made by a ing such requests. the information within the control of person primarily engaged in disseminating ‘‘(2) Each agency shall make each such re- those who govern. information, urgency to inform the public port available to the public including by James Madison put it very well when concerning actual or alleged Federal Govern- computer telecommunications, or if com- ment activity. puter telecommunications means have not he wrote very elegantly over two cen- ‘‘(vi) A demonstration of a compelling need been established by the agency, by other turies ago: by a person making a request for expedited electronic means. A popular government without popular in- processing shall be made by a statement cer- ‘‘(3) The Attorney General of the United formation or the means of acquiring it, is tified by such person to be true and correct States shall make each report which has but a Prologue to a Farce or a Tragedy, or to the best of such person’s knowledge and been made available by electronic means perhaps both. Knowledge will forever govern belief.’’. available at a single electronic access point. ignorance, and a people who mean to be the (b) EXTENSION OF GENERAL PERIOD FOR DE- The Attorney General of the United States governors, must arm themselves with the TERMINING WHETHER TO COMPLY WITH A RE- shall notify the Chairman and ranking mi- power knowledge gives. QUEST.—Section 552(a)(6)(A)(i) of title 5, nority member of the Committee on Govern- Madison, whom we honor with the United States Code, is amended by striking ment Reform and Oversight of the House of Madison Library of the Library of Con- ‘‘ten days’’ and inserting ‘‘20 days’’. Representatives and the Chairman and rank- (c) ESTIMATION OF MATTER DENIED.—Sec- gress, was certainly one of the most ing minority member of the Committees on thoughtful of our founders and consid- tion 552(a)(6) of title 5, United States Code Governmental Affairs and the Judiciary of (as amended by section 7 of this Act and sub- ered by many to be the Father of The the Senate, no later than April 1 of the year section (a) of this section), is further amend- in which each such report is issued, that Constitution. ed by adding at the end the following new such reports are available by electronic In this spirit, 30 years ago Congress subparagraph: means. passed the Freedom of Information ‘‘(F) In denying a request for records, in Act, commonly referred to as the whole or in part, an agency shall make a rea- ‘‘(4) The Attorney General of the United sonable effort to estimate the volume of any States, in consultation with the Director of FOIA. The committee report that ac- requested matter the provision of which is the Office of Management and Budget, shall companied the original act summarized denied, and shall provide any such estimate develop reporting and performance guide- it as providing a ‘‘true Federal public to the person making the request, unless lines in connection with reports required by records statute by requiring the avail- providing such estimate would harm an in- this subsection by October 1, 1997, and may ability, to any member of the public, of terest protected by the exemption in sub- establish additional requirements for such reports as the Attorney General determines all executive branch records’’ described section (b) pursuant to which the denial is in that act. Since its enactment, the made.’’. may be useful. ‘‘(5) The Attorney General of the United annual number of requests which de- SEC. 9. COMPUTER REDACTION. partments and agencies received has Section 552(b) of title 5, United States States shall submit an annual report on or Code, is amended in the matter following before April 1 of each calendar year which grown to more than 600,000 requests a paragraph (9) by inserting after the period shall include for the prior calendar year a year. the following: ‘‘The amount of information listing of the number of cases arising under The benefits that the Freedom of In- deleted shall be indicated on the released this section, the exemption involved in each formation Act provides the public mat- portion of the record, unless including that case, the disposition of such case, and the ter deeply to Congress. In 1995, the very indication would harm an interest protected cost, fees, and penalties assessed under sub- first report issued by the House Com- by the exemption in this subsection under paragraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a de- mittee on Government Reform and which the deletion is made. If technically Oversight was A Citizen’s Guide on feasible, the amount of the information de- scription of the efforts undertaken by the leted shall be indicated at the place in the Department of Justice to encourage agency Using the Freedom of Information Act record where such deletion is made.’’. compliance with this section.’’. and the Privacy Act of 1974 to Request SEC. 10. REPORT TO THE CONGRESS. SEC. 11. REFERENCE MATERIALS AND GUIDES. Government Records. This popular Section 552(e) of title 5, United States Section 552 of title 5, United States Code, publication, available from the Govern- Code, is amended to read as follows: is amended by adding after subsection (f) the ment Printing Office helps average ‘‘(e)(1) On or before February 1 of each following new subsection: citizens understand their right to ob- year, each agency shall submit to the Attor- ‘‘(g) The head of each agency shall prepare tain government records. ney General of the United States a report and make publicly available upon request, H.R. 3802 clarifies that records kept which shall cover the preceding fiscal year reference material or a guide for requesting and which shall include— records or information from the agency, sub- electronically are subject to disclosure ‘‘(A) the number of determinations made ject to the exemptions in subsection (b), in- under the Freedom of Information Act. by the agency not to comply with requests cluding— The bill also makes procedural changes for records made to such agency under sub- ‘‘(1) an index of all major information sys- in the administration of the law. It section (a) and the reasons for each such de- tems of the agency; strengthens agency reporting require- termination; ‘‘(2) a description of major information and ments. It also requires that more infor- ‘‘(B)(i) the number of appeals made by per- record locator systems maintained by the mation be available to the public via sons under subsection (a)(6), the result of agency; and the Internet. such appeals, and the reason for the action ‘‘(3) a handbook for obtaining various The Electronic Freedom of Informa- upon each appeal that results in a denial of types and categories of public information information; and from the agency pursuant to chapter 35 of tion Amendments of 1996 was intro- ‘‘(ii) a complete list of all statutes that the title 44, and under this section.’’. duced by the gentleman from Washing- agency relies upon to authorize the agency SEC. 12. EFFECTIVE DATE. ton [Mr. TATE], our subcommittee’s to withhold information under subsection (a) IN GENERAL.—Except as provided in ranking member, the gentlewoman (b)(3), a description of whether a court has subsection (b), this Act shall take effect 180 from New York [Mrs. MALONEY], the upheld the decision of the agency to with- days after the date of the enactment of this gentleman from Minnesota [Mr. PETER- hold information under each such statute, Act. SON], and myself. We were the original and a concise description of the scope of any (b) PROVISIONS EFFECTIVE ON ENACTMENT.— cosponsors. information withheld; Sections 7 and 8 shall take effect one year I understand that Senator LEAHY in- ‘‘(C) the number of requests for records after the date of the enactment of this Act. pending before the agency as of September 30 tends to offer this identical bill on the of the preceding year, and the median num- The SPEAKER pro tempore. Pursu- floor of the other body as a substitute ber of days that such requests had been pend- ant to the rule, the gentleman from to S. 1090. The Senate Committee on ing before the agency as of that date; California [Mr. HORN] and the gentle- the Judiciary had previously favorably ‘‘(D) the number of requests for records re- woman from New York [Mrs. MALONEY] reported that legislation. We have ceived by the agency and the number of re- each will control 20 minutes. worked very closely with Senators quests which the agency processed; The Chair recognizes the gentleman LEAHY and SPECTER and the adminis- ‘‘(E) the median number of days taken by from California [Mr. HORN]. tration in producing a bill that now en- the agency to process different types of re- Mr. HORN. Mr. Speaker, I will take 2 quests; joys broad support. ‘‘(F) the total amount of fees collected by minutes, and then I am going to yield Mr. Speaker, I yield such time as he the agency for processing requests; and to the gentleman from Washington may consume to the gentleman from ‘‘(G) the number of full-time staff of the [Mr. TATE] for the explanation of the Washington [Mr. TATE], my colleague, agency devoted to processing requests for bill. the prime author of this legislation. H10450 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Mr. TATE. Mr. Speaker, I want to the home of Microsoft—the largest pect their Government to deliver no thank Chairman CLINGER and Rep- computer software company in the less. resentative HORN for their hard work world. In a March 21 letter to Chairman and leadership. My district has welcomed a manufac- HORN, I and Representatives As chairman of the Government Re- turing plant for Intel—the largest of SCARBOROUGH, DAVIS, FOX, BASS, and form and Oversight Committee—Chair- the Pentium chip that goes into com- FLANAGAN urged House consideration man CLINGER has played a vital role in puter throughout the world. of EFOIA and I am delighted to have bringing H.R. 3802—the Electronic And my hometown of Puyallup has H.R. 3802 before us today on the House Freedom of Information Act Amend- been to a manufacturing plant owned floor. ments of 1996—before us today. by Matsushita—one of the largest com- I thank all my colleagues on the Gov- And Chairman HORN of the Sub- puter chip producers in the world. ernment Reform and Oversight Com- committee on Government Manage- These technological marvels have mittee for their hard work and support ment, Information and Technology— made the laptop computer—cellular in ensuring that the advancement of has served on the front lines in our ef- phone—fax—and internet possible— free information to the American peo- forts to improve the efficiency and re- bringing the public into the informa- ple is pursued on a bipartisan basis. sponsiveness of Government oper- tion age. H.R. 3802 has received endorsements ations. It is only fitting that we now work to from a broad array of groups—includ- I have been fortunate to work along- use modern-day technology to deliver ing Americans for Tax Reform—the side Representative HORN in the area of common-sense efficiency and Govern- Newspaper Association of America— Federal information policy and the ment accountability to the American the National Association of Broad- Electronic Freedom of Information Act people. casters—and the American Library As- amendments. H.R. 3802 puts FOIA information on- sociation. I would also like to acknowledge the line on agency websites, ensuring that The Freedom of Information Act support of Representative CAROLYN citizens in every home—in every turned 30 this year—it’s time to bring MALONEY and Representative COLLIN town—and in every city—across the the law into the modern information PETERSON. Their contributions have Nation will be able to access Govern- age and require the Federal Govern- ensured that H.R. 3802 is a truly bipar- ment information from the comfort of ment to deliver cutting-edge service to the American people. tisan effort. their own homes. We in Congress—as their public serv- Opening the work of the Federal Gov- My neighbors will be able to turn on ants—should aspire to nothing less. I ernment to the watchful and vigilant their computers—click onto the urge all my colleagues to support the eyes of the American taxpayers and the internet—and download information Electronic Freedom of Information Act public is an effort that both parties and made accessible by the Electronic of 1996. the administration can and should em- Freedom of Information Act Amend- brace wholeheartedly. Mrs. MALONEY. Mr. Speaker, I yield ments of 1996. myself such time as I may consume. Thirty years ago—Congress passed Our Government should be user- the Freedom of Information Act [FOIA] Mr. Speaker, like much of the work friendly by making an effort to deliver that the Committee on Government to advance one of the basic tenets of information to Americans in the for- our Constitution—that our Federal Reform and Oversight has done this mat of their choosing. year on legislation, this bill is a tri- Government is always open, accessible, H.R. 3802 requires Federal agencies to and accountable to the American peo- umph of policy over partisanship. In make a concerted effort to produce the most partisan Congress in memory, ple. records in the preferred format—such Government works best under the this committee has passed several bills as CD–ROM or computer disk—ensur- watchful and vigilant eyes of its own- with broad bipartisan support that will ing that Government information is ers—the American people. collectively save the taxpayers billions The more visible and accessible we not only readily available but also of dollars and make Government work make the work of the Federal Govern- readily usable. better for the average American tax- The use of the latest technology by ment—the easier it becomes for all of payer; the Paperwork Reduction Act, Government agencies will harness the us to stem Government excess and curb the debt collection bill which Treasury benefits of computer technology and Government abuse. estimates will save taxpayers $10 bil- Before the enactment of the Freedom deliver to everyone increased Govern- lion over 5 years, the Federal Acquisi- of Information Act—agencies and de- ment accessibility. tion Reform Act, the Single Audit Act, partments of the Federal Government This legislation also addresses the and the General Accounting Office Act, regularly restricted the public’s access problems many citizens face when re- to name a few. These achievements are to information. questing Federal records—unaccept- a credit to the gentleman from Penn- FOIA was enacted in order to honor— able delays in getting an answer. sylvania [Mr. CLINGER] and the gen- preserve—and promote the public’s This bill encourages Federal agencies tleman from California [Mr. HORN], right to know—ensuring that Govern- to develop multitrack processing based who chairs the Subcommittee on Gov- ment information is—with few very ex- on the complexity of requests. ernment Management Information and ceptions—public information. For example—simple requests should Technology on which I serve as the Unfortunately—time after time— be answered as if they were going ranking member. They are also a credit FOIA’s promise to make Government through the express lane at your local to a ranking member of the full com- information open and accessible has supermarket—quickly and efficiently. mittee, the gentlewoman from Illinois been broken. Those who seek information which [Mrs. COLLINS], whose leadership will On many occasions—simple requests relates to life or safety or is of urgent be greatly missed when she retires at for information have languished—un- public interest will receive the timely the end of the year. On this particular answered—for years. processing that they need. bill I want to thank the gentleman In addition—many agencies have not In addition—agencies are given an in- from Washington [Mr. TATE], for his responded to the needs of a public that centive to actively work with the pub- active leadership and Senator PATRICK has already moved into the informa- lic to deliver the most useful informa- LEAHY who has been the driving force tion age—continuing to focus on an- tion as fast as possible. behind the bill in the Senate. swering with volumes of paper rather These changes send a clear message I appreciate the majority’s willing- than with CD–ROM’s or computer that the Federal Government—and its ness to adopt my amendments, in par- disks. public servants—must always strive for ticular one amendment that would In the 30 years since the implementa- increased Government openness—effi- track how agencies are responding or tion of the original Freedom of Infor- ciency—and accountability. not responding to Freedom of Informa- mation Act—our Nation has witnessed Openness—efficiency—and account- tion requests. As Senator LEAHY testi- enormous technological advances. ability are the hallmarks of the Elec- fied at our committee hearing, long My area of the country—the Puget tronic Freedom of Information Act delays in access can mean no access at Sound region in Washington State—is amendments. The American people ex- all. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10451 Mr. Speaker, in short, the Electronic mation Act: that is, the often ludicrous responding. This will allow us to make Freedom of Information Act will bring amount of time it take some agencies a judgment about whether adequate re- the Freedom of Information Act from to respond, if they respond at all, to sources are being devoted to these re- the technological stone age into the in- freedom of information requests. quests and whether agencies are mak- formation age. It has been 30 years By the time freedom of information ing a sufficient effort to comply with since President Johnson set upon sign- requests are fulfilled, the information the law of the land. ing the original Freedom of Informa- is often useless to the requester, if the The bill also requires agencies to be- tion Act, and I quote: requester has not died of old age. If you come more user-friendly to the public, This legislation springs from one of our request a document from the FBI, you informing average Americans in a most essential principles, a democracy may be forced to wait for more than 4 readily understandable way how one works best when people have all the informa- years before you receive it, if not makes a FOIA request, how long it tion that the security of the Nation permits. longer. takes for normal requests to be proc- That principle still holds true today, This bill will make several common- essed, how the Government responds to but as written, the Freedom of Infor- sense changes. It will establish that all a request, and in what circumstances mation Act is woefully outdated, draft- freedom of information requests are the Government is not required to ful- ed for a time when personnel comput- not created equal. The bill creates a fill the request. ers were unheard of and cyberspace was compelling need standard, warranting One issue not addressed in this legis- no more accessible than outer space. faster FOIA processing. lation is the recent D.C. Circuit Court Two categories of compelling need decision in the case of Armstrong ver- b 1500 would be created. In the first category, sus the Executive Office of the Presi- This bill will change all of that. It the failure to obtain the records within dent. In that decision the court ruled clarifies that there is no legal distinc- an expedited deadline poses an immi- that the National Security Council is tion between Government records nent threat to an individual’s life or not an agency. This is contrary to 20 stored on paper and Government physical safety. The second category years of freedom of information prac- records stored electronically, that requires a request by someone, and I tice and contrary to the way Congress records maintained in an electronic quote, ‘‘Primarily engaged in dissemi- has treated the National Security format can be subject to FOIA re- nating information,’’ and ‘‘urgency to Council in other legislation. I hope the quests. inform the public concerning actual or courts will correct this error; but if Government agencies are increas- alleged government activity.’’ they do not, I am sure that we will ad- ingly storing their information on per- This would apply to our good friends dress it in the 105th Congress. sonal computers, computer databases, from the media. Marlin Fitzwater once To summarize, Mr. Speaker, this is a and electronic storage media such as talked about the need to constantly comprehensive, bipartisan bill that fa- CD–ROM’s. But some Government feed the beast, meaning the media, cilitates the dissemination of public in- agencies have denied freedom of infor- with information. This provision will formation. It makes the Freedom of In- mation requests for information stored help keep the media informed in a formation Act for the 1990’s instead of electronically. They are seeking the quicker and faster way. for the 1960’s. It helps make Govern- green light from Congress to provide Mr. Speaker, the bill would further ment truly for the people, not just for access to that information, and this differentiate and prioritize FOIA re- Government insiders. In passing it bill gives it to them by placing sub- quests based on size, giving requesters unanimously, the Committee on Gov- stance over form instead of form over an incentive to frame narrower re- ernment Reform and Oversight has substance. quests. Agencies would no longer be proudly lived up to its name. Mr. Speaker, I reserve the balance of The rationale for this provision is ob- able to delay responding to FOIA re- vious. Today our information ware- my time. quests on the grounds of ‘‘exceptional Mr. HORN. Mr. Speaker, I yield my- houses are on computer and compact circumstances’’ if those circumstances self such time as I may consume. disks, not in huge buildings in indus- are nothing more than the predictable Mr. Speaker, let me say in closing on trial zones. By using technology, Gov- agency overload. this I thank, again, the gentleman ernment bureaucrats can avoid going This clause would strengthen the re- from Washington for his very construc- through endless file cabinets hunting quirement that agencies respond to tive ideas, and the gentlewoman from for information, often to provide iden- freedom of information requests on New York for her most helpful sugges- tical or overlapping information from time. However, this bill does recognize tions. She has mentioned a few of previous FOIA requests. And ordinary the great demands placed on agencies them. The Subcommittee on Govern- American citizens can access that in- to fulfill FOIA requests by extending ment Management, Information, and formation without leaving their desks the deadline for responding to requests Technology held a very thorough hear- or driving to the post office, or in some to 20 workdays from the current 10-day ing on H.R. 3802. cases having any contact with Govern- workday requirement, which is simply This has truly been, as have most of ment workers at all. unworkable for many agencies. the bills from this subcommittee, With Government downsizing, Gov- The bill also gives agencies an incen- based on bipartisan cooperation. Good ernment employees’ workloads are tive to comply with statutory time ideas know no bounds, and what we mounting, so avoiding the need for con- limits by allowing them to retain half need to do is get the good ideas into tact with them at all can dramatically of the fees. The amendment that I in- legislation. This is one aspect of that. expedite fulfillment of freedom of in- troduced, which has been adopted, ac- We mentioned earlier the 600,000 re- formation requests, as in the case of knowledges that we need to make quests a year. The gentlewoman from identical FOIA requests which have agencies more accountable to the pub- New York mentioned the 4-year lag to been filed before. lic by requiring them to report to Con- get a file out of the Federal Bureau of Mr. Speaker, the bill also forces gress and the public on their efforts to Investigation. That is simply unaccept- agencies to exercise foresight when in- comply with FOIA or their failure in able in a free society. How are we going stalling computer systems which must complying with FOIA. Information de- to solve that? As we suggested in the help expedite agency FOIA requests layed is certainly information denied. hearings, and this was, again, both and operations, rather than impeding The bill requires each agency to re- sides of the aisle suggesting it to the them. Furthermore, it would encourage port on its FOIA workload during the executive branch, we need the Cabinet agencies to offer online access to Gov- year, the number of requests received officers in charge of particular depart- ernment information, effectively trans- and completed, as well as the amount ments to take this seriously, to look at forming an individual’s home computer of backlog and the steps the agency is how their needs and how they might into a Government agency’s public taking to reduce it. Each agency will better staff and organize to serve the reading room. also report on how long it normally public and the media with this infor- Most importantly, the bill would takes to process the request. Finally, mation. The agencies need to put a tackle the mother of all complaints each agency will report on the re- price tag on the service. Do not nec- lodged against the Freedom of Infor- sources, dollars, and persons devoted to essarily come to Congress to solve H10452 CONGRESSIONAL RECORD — HOUSE September 17, 1996 every fiscal problem that arises. The Whereas Mother Teresa has deservedly re- Bestowing such a prestigious tribute Secretary should be looking at re- ceived numerous honors, including the 1979 as honorary U.S. citizenship does not programming money within the depart- Nobel Peace Prize and the 1985 Presidential come easily. There have been only Medal of Freedom; ment so the public and the media can Whereas Mother Teresa has worked in three other occasions on which this be served. areas all over the world, including the Unit- privilege has been awarded. Only four So, Mr. Speaker, we expect agencies ed States, to provide comfort to the world’s individuals have received honorary to look for reprogramming funds. We neediest; and citizenship. They are, first, Sir Win- also expect the appropriations commit- Whereas Mother Teresa through her Mis- ston Churchill, Prime Minister of tees to take this up piece by piece as to sionaries of Charity has established within Great Britain during World War II, the United States numerous soup kitchens, how well the agencies are dealing with emergency shelters for women, shelters for America’s greatest ally, second, Raoul serving the public in the freedom of in- unwed mothers, shelters for men, after- Wallenberg, a Swedish diplomat who, formation area. school and summer camp programs for chil- during World War II, saved the lives of I would hope that all parties in the dren, homes for the dying, prison ministry, thousands of Jews, and third, William legislative and executive branches take nursing homes, and hospital and shut-in Penn and his wife, Hannah Callowhill this matter seriously. In the coming ministry: Now, therefore, be it Penn, were honored for their role in year we will be watching the degree to Resolved by the Senate and House of Rep- the colonial days of our great country. which the backlog is reduced through resentatives of the United States of America in Honorary U.S. citizenship does not Congress assembled, That Agnes Gonxha the oversight conducted by our Com- Bojaxhiu, also known as Mother Teresa, is grant any legal rights or obligations. It mittee on Government Reform and proclaimed to be an honorary citizen of the does not give the recipient any voting Oversight. United States of America. privileges. This has been a concern in Mrs. MALONEY. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- the past. It is crystal clear from the back the balance of my time. ant to the rule, the gentleman from Il- legislative history of the Churchill, Mr. HORN. Mr. Speaker, I yield back linois [Mr. FLANAGAN] and the gentle- Wallenberg, and Penn bills that confer- the balance of my time. woman from California [Ms. LOFGREN] ral of honorary citizenship is purely a The SPEAKER pro tempore (Mr. MIL- each will control 20 minutes. symbolic gesture. It is recognition of LER of Florida). The question is on the The Chair recognizes the gentleman their outstanding commitment to their motion offered by the gentleman from from Illinois [Mr. FLANAGAN]. fellow man and to America. California [Mr. HORN] that the House GENERAL LEAVE There is no question that Mother Te- suspend the rules and pass the bill, Mr. FLANAGAN. Mr. Speaker, I ask resa is a worthy recipient of this pres- H.R. 3802, as amended. unanimous consent that all Members tigious honor. She has established nu- The question was taken. may have 5 legislative days within merous soup kitchens, women’s shel- Mr. HORN. Mr. Speaker, on that, I which to revise and extend their re- ters, shelters for unwed mothers, reli- demand the yeas and nays. marks on House Joint Resolution 191, gious education programs, nursing The yeas and nays were ordered. the joint resolution under consider- homes, orphanages, after school and The SPEAKER pro tempore. Pursu- ation. summer camp programs for children, ant to clause 5 of rule I and the Chair’s The SPEAKER pro tempore. Is there homes for the dying, prison ministry, prior announcement, further proceed- objection to the request of the gen- family counseling programs, and mis- ings on this motion will be postponed. tleman from Illinois? sionary work in the United States. She f There was no objection. has also been awarded the 1979 Nobel Mr. FLANAGAN. Mr. Speaker, I yield Peace Prize for her work as well as the GENERAL LEAVE myself such time as I may consume. 1985 U.S. Presidential Medal of Free- Mr. HORN. Mr. Speaker, I ask unani- Mr. Speaker, I rise today in support dom and countless other honors. It mous consent that all Members may of House Joint Resolution 191, legisla- would surely take up the rest of the have two legislative days within which tion which I introduced that confers day to list them all. to revise and extend their remarks on honorary U.S. citizenship upon Mother The Missionaries of Charity, Mother H.R. 3802, the bill just considered. Teresa. Teresa’s order, was founded in India in The SPEAKER pro tempore. Is there Mr. Speaker, Mother Teresa is a liv- 1950. The order was established in the objection to the request of the gen- ing saint. Her work has affected people United States in 1971. There are ap- tleman from California? around the globe. She has worked tire- proximately 4,500 sisters affiliated with There was no objection. lessly for the sick and the dying, giving the congregation. It is represented in them comfort and care. Mother Teresa f the United States in the Archdioceses has always, through her Missionaries of Atlanta, Boston, Chicago, Denver, CONFERRING HONORARY U.S. of Charity, taken in those who are ‘‘un- Detroit, Los Angeles, Miami, New CITIZENSHIP TO MOTHER TERESA acceptable,’’ and thus unwanted, and York, Newark, Philadelphia, San Fran- Mr. FLANAGAN. Mr. Speaker, I cared for them when no one else would. cisco, St. Louis, and Washington. Also move to suspend the rules and pass the Her commitment to humanity is un- in the Dioceses of Baton Rouge, Brook- joint resolution (H.J. Res. 191) to con- wavering. lyn, Dallas, Fall River, Gallup, Lafay- Born on August 27, 1910, Mother Te- fer honorary citizenship of the United ette, Lexington, Little Rock, Peoria, resa has worked for over 65 years for States on Agnes Gonxha Bojaxhiu, also Phoenix, and Memphis. It’s very pos- the betterment of mankind. She began known as Mother Teresa, as amended. sible that more have been added since her religious studies in Ireland in 1928. The Clerk read as follows: the last official report. God only knows Later that same year, she went to Cal- H.J. RES. 191 where Mother Teresa’s influence and cutta, India, where she has so nobly good works may turn up next. Whereas the United States has conferred performed countless acts of faith and honorary citizenship on only three occasions Mother Teresa is a woman of simple, devotion. yet eloquent, faith. This is best illus- in its more than two hundred years, and hon- Mother Teresa’s caregiving has orary citizenship is and should remain an ex- trated by an observation she once traordinary honor not lightly conferred nor reached beyond creed, nationality, made. She said: race, or place. She has extended her frequently granted; We do not accept any government assist- Whereas Agnes Gonxha Bojaxhiu, better service to those who are poor and those ance or church subsidies, salaries or fixed in- known through out the world as Mother Te- who are unwanted around the world. come. The birds of the air and the flowers of resa, has worked tirelessly with orphaned Aside from her work in India, Mother the field do not have an income, but God and abandoned children, the poor, the sick, Teresa has touched the lives of many takes care of them. Therefore, will not God and the dying; in Ireland, Venezuela, Tanzania, Aus- also take care of us, who are more important Whereas Mother Teresa founded the Mis- tralia, Jordan, her own Albania, and of than flowers and birds? sionaries of Charity in 1950, and has taken in those who have been rejected as ‘‘unaccept- course, right here in the United States, But, it is Mother Teresa and her Mis- able’’ and cared for them when no one else to name but just a few of the more sionaries of Charity who, through their would, regardless of race, color, creed, or than 90 countries where Mother Teresa good works throughout the world have, condition; and her order have been active. in some way, shape, or form, taken September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10453 care of us by touching our lives. We I would note, as my colleague from migration bill where she could still not should all be honored that we have had Illinois has, that what she has done in come to this country to live even with the privilege to have lived in her life- her life deserves the admiration of all this honorary citizenship unless she time. of us here in the United States and all had a relative that was 200 percent over To those who sometimes ask the around the world. Like many here in the poverty line willing to sponsor her. question, ‘‘Why is there so much evil in America when she fell ill a short while And if she got here and then she want- the world?’’ I ask the converse ques- ago, I offered up a small prayer that ed to bring some of her relatives here tion, ‘‘Why is there so much good?’’ she might be left here with us a little to be with her in her last few days, she The answer is that there are humble while longer to continue her good could not do that, either, because she people like Mother Teresa and those works. We do not know how long the has taken a vow of poverty and she who work with her. Malcolm Lord will see fit to leave her with us, would fit under our immigration bill. Muggeridge entitled his biography of but I hope that this bill bestowing hon- So I have to say as we get close to Mother Teresa, ‘‘Something Beautiful orary citizenship does pass in time for election time and all of that, let us not for God.’’ I would simply add to that, her to know that we call her our own try to take her tremendous good works that Mother Teresa is also something as well. She embodies all the things and hope that that reflects on us when beautiful for the world. that we believe is best for our country: I think we have a record that she real- Mr. Speaker, it is important that we hope, and reaching out to those in ly would not particularly want her recognize and reward the actions of need. good works being used to cloak. I cer- this living saint. Mother Teresa is un- I thank the gentleman from Illinois tainly do not come out against this deniably a worthy recipient of honor- [Mr. FLANAGAN] for introducing the bill. Obviously this woman deserves ary citizenship and I ask my colleagues bill. honors from every country, from every to join with me in bestowing this high Mr. FLANAGAN. Mr. Speaker, will person anywhere. But I really wonder if honor and distinction upon Mother Te- the gentlewoman yield? she would not have preferred us spend- resa. Ms. LOFGREN . I yield to the gen- ing this time to do something about b 1515 tleman from Illinois. the people who have fallen through the Mr. GILMAN. Mr. Speaker, will the Mr. FLANAGAN. Mr. Speaker, I cracks in our society that are Ameri- gentleman yield? thank the gentlewoman from Califor- cans and especially those who are least Mr. FLANAGAN. I yield to the gen- nia [Ms. LOFGREN] for her excellent re- able to do anything, the young chil- tleman from New York. marks and her endorsement of the bill. dren, those who are terribly sick, those Mr. GILMAN. Mr. Speaker, I want to It is worthy of her endorsement and who are elderly and disabled. Those thank the gentleman from Illinois [Mr. her endorsement certainly is most have been the people she has spoken FLANAGAN] for bringing this measure helpful. for. And too many times in these last 2 to the floor and to pay proper respects Mr. Speaker, I just wanted to observe years, we have had more of a motto of for this saintly servant of God who has quickly that the gentlewoman re- trying to keep hate alive, where we done so much good for so many marked she was born in Yugoslavia, have politically preyed on the backs of throughout the world. It is with a great this is true, in Skopje, but at the time the poor and the people who are de- deal of pride and pleasure that I join she was born, she has been with us so fenseless. with the gentleman in honoring Moth- long, Skopje was in the Ottoman Em- So, yes, of course everybody is for er Teresa in this manner. pire at the time she was born. That is this bill. But let me just say, I am not Mr. FLANAGAN. I thank the distin- how long she has been with us, out sure that the record of this body would guished chairman. doing her good works. That is an amaz- qualify many of us for the kind of good Mr. Speaker, I reserve the balance of ing fact in and of itself. works she has gotten. And I certainly my time. Ms. LOFGREN. It certainly is. hope none of us use this bill to try and Ms. LOFGREN. Mr. Speaker, I yield Mr. Speaker, I yield 5 minutes to the cover up some of the votes that Mother myself such time as I may consume. gentlewoman from Colorado [Mrs. Theresa would have never have made— Mr. Speaker, I rise in support of the SCHROEDER]. never have made—had she been a Mem- bill. As the gentleman from Illinois has Mrs. SCHROEDER. Mr. Speaker, I ber of this body. I think to say, well, I mentioned, this bill would provide hon- thank the gentlewoman from Califor- cannot defend those votes but guess orary citizenship to Mother Theresa nia for yielding me this time. Obvi- what I did, I tried to honor Mother and that is a symbolic gesture, it does ously no one, no one on this planet Theresa, would make her very, very not provide for voting, citizenship and dare ever question Mother Teresa’s angry. the like, but it is an honor that I feel good works and her qualification for So as she has reentered the hospital, ought to be conferred upon Mother this. and we are all very saddened by that, I Theresa. I would note that this meas- The only reason I rise is to say I cer- think it is also terribly important to ure has come up late in this Congress, tainly hope that we are not trying to be very serious about what her life but the Committee on the Judiciary cloak some of the things that we have message was to each and every one of did consider it last week and on voice done to the less fortunate in our soci- us, and, that was, to do good things and vote did unanimously approve the ety by conferring this on Mother Te- to not ever attack those among us who measure. resa. I am not too sure she would not are least able to fight back, whether I As the gentleman from Illinois [Mr. have preferred a little different out- look at the welfare bill, nutrition bills, FLANAGAN] has indicated, there have come in some of the things that this things that have been done in jobs only been three other occasions when body did this year. In fact, I am almost bills, things that have been done in im- honorary citizenship has been con- sure she had almost rather have that migration bills, things that have been ferred by the United States, and they done in her name rather than this. done in English only. Again she would are all amazing people, Winston I keep thinking if we look at the real be in trouble because she does not Churchill, Raoul Wallenberg, and Wil- character of Mother Teresa, she would speak English well. I must say, I am liam Penn. Certainly Mother Theresa have been horrified by probably many sure she would kind of wonder why we belongs in this group of honored citi- provisions of the regressive welfare did not try to correct some of those in zens of the world. bill. And, in fact, if she were here, be- her good name and follow her good I note that Mother Theresa was actu- cause she is not a real citizen, she works rather than just honor it. I am ally born in Yugoslavia, of Albanian could not qualify, even though she has sure she would prefer we followed her parents. She has received an honor taken vows of poverty, for any of those good works first, and that would be the from India, the Jewel of India, as well benefits. best way to honor her. as the Nobel Peace Prize, and the Order I think she would be saddened by Mr. FLANAGAN. Mr. Speaker, I yield of the British Empire. Adding honorary many of the debates we have had about myself such time as I may consume. U.S. citizenship would add our coun- the poor children in this country and Mr. Speaker, I join the gentlewoman try’s honor to her which she so richly the poor people in this country. I can- from Colorado in her desire not to have deserves. not help but point out we have an im- Mother Theresa’s name used for a crass H10454 CONGRESSIONAL RECORD — HOUSE September 17, 1996 political purpose. Certainly that is not TITLE III—JUDICIARY PERSONNEL AD- as the Director of the Administrative Office the intention of this side. I hope it is MINISTRATION, BENEFITS, AND PRO- of the United States Courts may prescribe.’’. not anywhere in the body. TECTIONS TITLE II—JUDICIAL PROCESS Ms. LOFGREN. Mr. Speaker, I yield Sec. 301. Refund of contribution for deceased IMPROVEMENTS myself such time as I may consume. deferred annuitant under the SEC. 201. DUTIES OF MAGISTRATE JUDGE ON Mr. Speaker, I would just add that Judicial Survivors’ Annuities EMERGENCY ASSIGNMENT. System. clearly there are few if any Members of The first sentence of section 636(f) of title Sec. 302. Bankruptcy judges reappointment 28, United States Code, is amended by strik- this body as saintly as Mother Teresa. procedure. ing out ‘‘(a) or (b)’’ and inserting in lieu And we should not only honor her with Sec. 303. Technical correction related to thereof ‘‘(a), (b), or (c)’’. honorary U.S. citizenship, but use her commencement date of tem- SEC. 202. REGISTRATION OF JUDGMENTS FOR faith and the action that her faith has porary judgeships. ENFORCEMENT IN OTHER DIS- led her to us as a model for each of us. Sec. 304. Full-time status of court reporters. TRICTS. Sec. 305. Court interpreters. (a) IN GENERAL.—Section 1963 of title 28, Mr. Speaker, I yield back the balance Sec. 306. Technical amendment related to of my time. United States Code, is amended— commencement date of tem- (1) by amending the section heading to Mr. FLANAGAN. Mr. Speaker, I yield porary bankruptcy judgeships. read as follows: back the balance of my time. Sec. 307. Contribution rate for senior judges under the Judicial Survivors’ ‘‘§ 1963. Registration of judgments for en- The SPEAKER pro tempore. (Mr. forcement in other districts’’; MILLER of Florida). The question is on Annuities System. (2) in the first sentence— the motion offered by the gentleman Sec. 308. Proceedings on complaints against judicial conduct. (A) by striking out ‘‘district court’’ and in- from Illinois [Mr. FLANAGAN] that the serting in lieu thereof ‘‘court of appeals, dis- House suspend the rules and pass the TITLE IV—JUDICIAL FINANCIAL ADMINISTRATION trict court, or bankruptcy court’’; and joint resolution, House Joint Resolu- (B) by striking out ‘‘such judgment’’ and Sec. 401. Increase in civil action filing fee. all that follows through ‘‘Trade,’’ and insert- tion 191, as amended. Sec. 402. Interpreter performance examina- ing in lieu thereof ‘‘the judgment’’; and The question was taken. tion fees. (3) by adding at the end thereof the follow- Mr. FLANAGAN. Mr. Speaker, I ob- Sec. 403. Judicial panel on multidistrict liti- ing new undesignated paragraph: ject to the vote on the ground that a gation. ‘‘The procedure prescribed under this sec- Sec. 404. Disposition of fees. quorum is not present and make the tion is in addition to other procedures pro- point of order that a quorum is not TITLE V—FEDERAL COURTS STUDY vided by law for the enforcement of judg- present. COMMITTEE RECOMMENDATIONS ments.’’. The SPEAKER pro tempore. Pursu- Sec. 501. Qualification of Chief Judge of (b) TECHNICAL AND CONFORMING AMEND- ant to clause 5, rule I, and the Chair’s Court of International Trade. MENT.—The table of sections for chapter 125 prior announcement, further proceed- TITLE VI—PLACES OF HOLDING COURT of title 28, United States Code, relating to ings on this motion will be postponed. Sec. 601. Place of holding court in the section 1963 is amended to read as follows: The point of no quorum is considered Southern District of New York. ‘‘1963. Registration of judgments for enforce- withdrawn. Sec. 602. Place of holding court in the East- ment in other districts.’’. ern District of Texas. SEC. 203. VACANCY IN CLERK POSITION; AB- f TITLE VII—MISCELLANEOUS SENCE OF CLERK. FEDERAL COURTS IMPROVEMENT Sec. 701. Participation in judicial govern- (a) IN GENERAL.—Section 954 of title 28, ACT OF 1996 ance activities by district, sen- United States Code, is amended to read as follows: Mr. FLANAGAN. Mr. Speaker, I ior, and magistrate judges. Sec. 702. The Director and Deputy Director ‘‘§ 954. Vacancy in clerk position; absence of move to suspend the rules and pass the of the Administrative Office as clerk bill (H.R. 3968) to make improvements officers of the United States. ‘‘When the office of clerk is vacant, the in the operation and administration of Sec. 703. Removal of action from State deputy clerks shall perform the duties of the the Federal courts, and for other pur- court. clerk in the name of the last person who held poses, as amended. Sec. 704. Federal Judicial Center employee that office. When the clerk is incapacitated, The Clerk read as follows: retirement provisions. absent, or otherwise unavailable to perform Sec. 705. Abolition of the special court, Re- official duties, the deputy clerks shall per- H.R. 3968 gional Rail Reorganization Act form the duties of the clerk in the name of Be it enacted by the Senate and House of Rep- of 1973. the clerk. The court may designate a deputy resentatives of the United States of America in Sec. 706. Exception of residency requirement clerk to act temporarily as clerk of the court Congress assembled, for district judges appointed to in his or her own name.’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Southern District and East- (b) TECHNICAL AND CONFORMING AMEND- (a) SHORT TITLE.—This Act may be cited as ern District of New York. MENT.—The table of sections for chapter 57 of the ‘‘Federal Courts Improvement Act of Sec. 707. Civil justice expense and delay re- title 28, United States Code, relating to sec- 1996’’. duction plans. tion 954 is amended to read as follows: Sec. 708. Venue for territorial courts. (b) TABLE OF CONTENTS.—The table of con- ‘‘954. Vacancy in clerk position; absence of tents of this Act is as follows: TITLE I—CRIMINAL LAW AND CRIMINAL clerk.’’. Sec. 1. Short title; table of contents. JUSTICE AMENDMENTS SEC. 204. REMOVAL OF CASES AGAINST THE TITLE I—CRIMINAL LAW AND CRIMINAL SEC. 101. NEW AUTHORITY FOR PROBATION AND UNITED STATES AND FEDERAL OFFI- JUSTICE AMENDMENTS PRETRIAL SERVICES OFFICERS. CERS OR AGENCIES. (a) PROBATION OFFICERS.—Section 3603 of (a) IN GENERAL.—Section 1442 of title 28, Sec. 101. New authority for probation and title 18, United States Code, is amended— United States Code, is amended— pretrial services officers. (1) by striking out ‘‘and’’ at the end of (1) in the section heading by inserting ‘‘or TITLE II—JUDICIAL PROCESS paragraph (8)(B); agencies’’ after ‘‘officers’’; and IMPROVEMENTS (2) by redesignating paragraph (9) as para- (2) in subsection (a)— Sec. 201. Duties of magistrate judge on graph (10); and (A) in the matter preceding paragraph (1) emergency assignment. (3) by inserting after paragraph (8) the fol- by striking out ‘‘persons’’; and Sec. 202. Registration of judgments for en- lowing new paragraph: (B) in paragraph (1) by striking out ‘‘Any forcement in other districts. ‘‘(9) if approved by the court, be authorized officer of the United States or any agency Sec. 203. Vacancy in clerk position; absence to carry firearms under such regulations as thereof, or person acting under him, for any of clerk. the Director of the Administrative Office of act under color of such office’’ and inserting Sec. 204. Removal of cases against the Unit- the United States Courts may prescribe; in lieu thereof ‘‘The United States or any ed States and Federal officers and’’. agency thereof or any officer (or any person or agencies. (b) PRETRIAL SERVICES OFFICERS.—Section acting under that officer) of the United Sec. 205. Appeal route in civil cases decided 3154 of title 18, United States Code, is amend- States or of any agency thereof, sued in an by magistrate judges with con- ed— official or individual capacity for any act sent. (1) by redesignating paragraph (13) as para- under color of such office’’. Sec. 206. Reports by judicial councils relat- graph (14); and (b) TECHNICAL AND CONFORMING AMEND- ing to misconduct and disabil- (2) by inserting after paragraph (12) the fol- MENT.—The table of sections for chapter 89 of ity orders. lowing new paragraph: title 28, United States Code, is amended by Sec. 207. Consent to trial in certain criminal ‘‘(13) If approved by the court, be author- amending the item relating to section 1442 to actions. ized to carry firearms under such regulations read as follows: September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10455 ‘‘1442. Federal officers or agencies sued or TITLE III—JUDICIARY PERSONNEL AD- ment of this Act’’ and inserting in lieu there- prosecuted.’’. MINISTRATION, BENEFITS, AND PRO- of ‘‘appointment date of the judge named to SEC. 205. APPEAL ROUTE IN CIVIL CASES DE- TECTIONS fill the temporary judgeship position’’. CIDED BY MAGISTRATE JUDGES SEC. 301. REFUND OF CONTRIBUTION FOR DE- SEC. 307. CONTRIBUTION RATE FOR SENIOR WITH CONSENT. CEASED DEFERRED ANNUITANT JUDGES UNDER THE JUDICIAL SUR- Section 636 of title 28, United States Code, UNDER THE JUDICIAL SURVIVORS’ VIVORS’ ANNUITIES SYSTEM. is amended— ANNUITIES SYSTEM. Section 376(b)(1) of title 28, United States (1) in subsection (c)— Section 376(o)(1) of title 28, United States Code, is amended to read as follows: (A) in paragraph (3) by striking out ‘‘In Code, is amended by striking out ‘‘or while ‘‘(b)(1) Every judicial official who files a this circumstance, the’’ and inserting in lieu receiving ‘retirement salary’,’’ and inserting written notification of his or her intention thereof ‘‘The’’; in lieu thereof ‘‘while receiving retirement to come within the purview of this section, (B) by striking out paragraphs (4) and (5); salary, or after filing an election and other- in accordance with paragraph (1) of sub- and wise complying with the conditions under section (a) of this section, shall be deemed thereby to consent and agree to having de- (C) by redesignating paragraphs (6) and (7) subsection (b)(2) of this section,’’. as paragraphs (4) and (5); and ducted and withheld from his or her salary a SEC. 302. BANKRUPTCY JUDGES REAPPOINT- sum equal to 2.2 percent of that salary, and (2) in subsection (d) by striking out ‘‘, and MENT PROCEDURE. a sum equal to 3.5 percent of his or her re- for the taking and hearing of appeals to the Section 120 of the Bankruptcy Amend- district courts,’’. tirement salary. The deduction from any re- ments and Federal Judgeship Act of 1984 tirement salary— SEC. 206. REPORTS BY JUDICIAL COUNCILS RE- (Public Law 98–353; 28 U.S.C. 152 note), is LATING TO MISCONDUCT AND DIS- ‘‘(A) of a justice or judge of the United amended— ABILITY ORDERS. States retired from regular active service Section 332 of title 28, United States Code, (1) in subsection (a) by adding at the end under section 371(b) or section 372(a) of this is amended by adding at the end thereof the thereof the following new paragraph: title, ‘‘(3) When filling vacancies, the court of following new subsection: ‘‘(B) of a judge of the United States Court appeals may consider reappointing incum- ‘‘(g) No later than January 31 of each year, of Federal Claims retired under section 178 of bent bankruptcy judges under procedures each judicial council shall submit a report to this title, or prescribed by regulations issued by the Judi- the Administrative Office of the United ‘‘(C) of a judicial official on recall under cial Conference of the United States.’’; and States Courts on the number and nature of section 155(b), 373(c)(4), 375, or 636(h) of this (2) in subsection (b) by adding at the end orders entered under this section during the title, preceding calendar year that relate to judi- thereof the following: ‘‘All incumbent nomi- shall be an amount equal to 2.2 percent of re- cial misconduct or disability.’’. nees seeking reappointment thereafter may tirement salary.’’. SEC. 207. CONSENT TO TRIAL IN CERTAIN CRIMI- be considered for such a reappointment, pur- NAL ACTIONS. suant to a majority vote of the judges of the SEC. 308. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL CONDUCT. (a) AMENDMENTS TO TITLE 18.—(1) Section appointing court of appeals, under proce- (a) IN GENERAL.—Section 372(c) of title 28, 3401(b) of title 18, United States Code, is dures authorized under subsection (a)(3).’’. United States Code, is amended— amended— SEC. 303. TECHNICAL CORRECTION RELATED TO (1) in paragraph (1)— (A) in the first sentence by inserting ‘‘, COMMENCEMENT DATE OF TEM- (A) by inserting ‘‘(A)’’ after ‘‘(c)(1)’’; and other than a petty offense that is a class B PORARY JUDGESHIPS. (B) by adding at the end the following: ‘‘In misdemeanor charging a motor vehicle of- Section 203(c) of the Judicial Improve- the case of a complaint so identified, the fense, a class C misdemeanor, or an infrac- ments Act of 1990 (Public Law 101–650; 104 chief judge shall notify the clerk of the court tion,’’ after ‘‘misdemeanor’’; Stat. 5101; 28 U.S.C. 133 note) is amended by of appeals of the complaint, together with a (B) in the second sentence by inserting adding at the end thereof the following: ‘‘For brief statement of the facts underlying the ‘‘judge’’ after ‘‘magistrate’’ each place it ap- districts named in this subsection for which pears; complaint. multiple judgeships are created by this Act, ‘‘(B) Complaints filed under subparagraph (C) by striking out the third sentence and the last of those judgeships filled shall be the (A) in one judicial circuit shall be referred to inserting in lieu thereof the following: ‘‘The judgeship created under this subsection.’’. another judicial circuit for proceedings magistrate judge may not proceed to try the SEC. 304. FULL-TIME STATUS OF COURT REPORT- under this subsection, in accordance with a case unless the defendant, after such expla- ERS. system established by rule by the Judicial nation, expressly consents to be tried before Section 753(e) of title 28, United States Conference, which prescribes the circuits to the magistrate judge and expressly and spe- Code, is amended by inserting after the first which the complaints will be referred. The cifically waives trial, judgment, and sentenc- sentence the following: ‘‘For the purposes of Judicial Conference shall establish and sub- ing by a district judge. Any such consent and subchapter III of chapter 83 of title 5 and mit to the Congress the system described in waiver shall be made in writing or orally on chapter 84 of such title, a reporter shall be the preceding sentence not later than 180 the record.’’; and considered a full-time employee during any days after the date of the enactment of this (D) by striking out ‘‘judge of the district pay period for which a reporter receives a subparagraph.’’; court’’ each place it appears and inserting in salary at the annual salary rate fixed for a (2) in paragraph (2)— lieu thereof ‘‘district judge’’. full-time reporter under the preceding sen- (A) by amending the first sentence to read (2) Section 3401(g) of title 18, United States tence.’’. as follows: ‘‘Upon receipt of a complaint filed Code, is amended by striking out the first SEC. 305. COURT INTERPRETERS. or notice of a complaint identified under sentence and inserting in lieu thereof the fol- paragraph (1) of this subsection, the clerk lowing: ‘‘The magistrate judge may, in a Section 1827 of title 28, United States Code, petty offense case involving a juvenile, that is amended by adding at the end thereof the shall promptly transmit such complaint or is a class B misdemeanor charging a motor following new subsection: (in the case of a complaint identified under vehicle offense, a class C misdemeanor, or an ‘‘(l) Notwithstanding any other provision paragraph (1)) the statement of facts under- infraction, exercise all powers granted to the of this section or section 1828, the presiding lying the complaint to the chief judge of the district court under chapter 403 of this title. judicial officer may appoint a certified or circuit assigned to conduct proceedings on The magistrate judge may, in any other otherwise qualified sign language interpreter the complaint in accordance with the system class B or C misdemeanor case involving a to provide services to a party, witness, or established under paragraph (1)(B) (hereafter juvenile in which consent to trial before a other participant in a judicial proceeding, in this subsection referred to as the ‘chief magistrate judge has been filed under sub- whether or not the proceeding is instituted judge’).’’; and section (b), exercise all powers granted to by the United States, if the presiding judi- (B) in the second sentence by inserting ‘‘or the district court under chapter 403 of this cial officer determines, on such officer’s own statement of facts underlying the complaint title.’’. motion or on the motion of a party or other (as the case may be)’’ after ‘‘copy of the com- (b) AMENDMENTS TO TITLE 28.—Section participant in the proceeding, that such indi- plaint’’; 636(a) of title 28, United States Code, is vidual suffers from a hearing impairment. (3) in paragraph (4)(A) by inserting ‘‘(to amended— The presiding judicial officer shall, subject which the complaint or statement of facts (1) by striking out ‘‘, and’’ at the end of to the availability of appropriated funds, ap- underlying the complaint is referred)’’ after paragraph (3) and inserting in lieu thereof a prove the compensation and expenses pay- ‘‘the circuit’’; semicolon; and able to sign language interpreters appointed (4) in paragraph (5)— (2) by striking out paragraph (4) and in- under this subsection in accordance with the (A) in the first sentence by inserting ‘‘to serting the following: schedule of fees prescribed by the Director which the complaint or statement of facts ‘‘(4) the power to enter a sentence for a under subsection (b)(3) of this section.’’. underlying the complaint is referred’’ after petty offense that is a class B misdemeanor SEC. 306. TECHNICAL AMENDMENT RELATED TO ‘‘the circuit’’; and charging a motor vehicle offense, a class C COMMENCEMENT DATE OF TEM- (B) in the second sentence by striking ‘‘the misdemeanor, or an infraction; and PORARY BANKRUPTCY JUDGESHIPS. circuit’’ and inserting ‘‘that circuit’’; ‘‘(5) the power to enter a sentence for a Section 3(b) of the Bankruptcy Judgeship (5) in the first sentence of paragraph (15) class A misdemeanor, or a class B or C mis- Act of 1992 (Public Law 102–361; 106 Stat. 965; by inserting before the period at the end the demeanor not covered by paragraph (4), in a 28 U.S.C. 152 note) is amended in the first following: ‘‘in which the complaint was filed case in which the parties have consented.’’. sentence by striking out ‘‘date of the enact- or identified under paragraph (1)’’; and H10456 CONGRESSIONAL RECORD — HOUSE September 17, 1996 (6) by amending paragraph (18) to read as sion which permits the contractor to collect ‘‘(B) In any case under subparagraph (A) in follows: and retain fees in payment for contractual which there is no judge of the court in regu- ‘‘(18) The Judicial Conference shall pre- services in accordance with section 1827(g)(5) lar active service who has served as a judge scribe rules, consistent with the preceding of title 28, United States Code. of the court for 1 year or more, the judge of provisions of this subsection— SEC. 403. JUDICIAL PANEL ON MULTIDISTRICT the court in regular active service who is ‘‘(A) establishing procedures for the filing LITIGATION. senior in commission and who has not served of complaints with respect to the conduct of (a) IN GENERAL.—(1) Chapter 123 of title 28, previously as chief judge shall act as the any judge of the United States Court of Fed- United States Code, is amended by adding chief judge. eral Claims, the Court of International after section 1932 the following new section: ‘‘(3)(A) Except as provided under subpara- Trade, or the Court of Appeals for the Fed- ‘‘§ 1933. Judicial Panel on Multidistrict Litiga- graph (C), the chief judge serving under para- eral Circuit, and for the investigation and tion graph (1) shall serve for a term of 7 years and resolution of such complaints; and ‘‘The Judicial Conference of the United shall serve after expiration of such term ‘‘(B) establishing a system for referring States shall prescribe from time to time the until another judge is eligible under para- complaints filed with respect to the conduct fees and costs to be charged and collected by graph (1) to serve as chief judge. of a judge of any such court to any of the the Judicial Panel on Multidistrict Litiga- ‘‘(B) Except as provided under subpara- first eleven judicial circuits or to another tion.’’. graph (C), a judge of the court acting as chief court for investigation and resolution. (2) The table of sections for chapter 123 of judge under subparagraph (A) or (B) of para- The Judicial Conference shall establish and title 28, United States Code, is amended by graph (2) shall serve until a judge meets the submit to the Congress the system described adding after the item relating to section 1931 qualifications under paragraph (1). in subparagraph (B) not later than 180 days the following: ‘‘(C) No judge of the court may serve or act as chief judge of the court after attaining after the date of the enactment of the Fed- ‘‘1933. Judicial Panel on Multidistrict Litiga- the age of 70 years unless no other judge is eral Courts Improvement Act of 1996.’’. tion.’’. (b) EFFECTIVE DATE.—The amendments qualified to serve as chief judge under para- ELATED FEES FOR ACCESS TO INFORMA- made by this section apply to complaints (b) R graph (1) or is qualified to act as chief judge TION.—Section 303(a) of the Judiciary Appro- filed on or after the 180th day after the date under paragraph (2). priations Act, 1992 (Public Law 102–140; 105 of the enactment of this Act. ‘‘(b) The chief judge shall have precedence Stat. 810; 28 U.S.C. 1913 note) is amended in and preside at any session of the court which TITLE IV—JUDICIAL FINANCIAL the first sentence by striking out ‘‘1926, and ADMINISTRATION such judge attends. Other judges of the court 1930’’ and inserting in lieu thereof ‘‘1926, 1930, shall have precedence and preside according SEC. 401. INCREASE IN CIVIL ACTION FILING FEE. and 1932’’. to the seniority of their commissions. Judges (a) FILING FEE INCREASE.—Section 1914(a) SEC. 404. DISPOSITION OF FEES. whose commissions bear the same date shall of title 28, United States Code, is amended by (a) DISPOSITION OF ATTORNEY ADMISSION have precedence according to seniority in striking out ‘‘$120’’ and inserting in lieu FEES.—For each fee collected for admission age. thereof ‘‘$150’’. of an attorney to practice, as prescribed by ‘‘(c) If the chief judge desires to be relieved (b) DISPOSITION OF INCREASE.—Section 1931 the Judicial Conference of the United States of the duties as chief judge while retaining of title 28, United States Code, is amended— pursuant to section 1914 of title 28, United active status as a judge of the court, the (1) in subsection (a) by striking out ‘‘$60’’ States Code, $30 of that portion of the fee ex- chief judge may so certify to the Chief Jus- and inserting in lieu thereof ‘‘$90’’; and ceeding $20 shall be deposited into the spe- tice of the United States, and thereafter the (2) in subsection (b)— cial fund of the Treasury established under chief judge of the court shall be such other (A) by striking out ‘‘$120’’ and inserting in section 1931 of title 28, United States Code. judge of the court who is qualified to serve lieu thereof ‘‘$150’’; and Any portion exceeding $5 of the fee for a du- or act as chief judge under subsection (a). (B) by striking out ‘‘$60’’ and inserting in plicate certificate of admission or certificate ‘‘(d) If a chief judge is temporarily unable lieu thereof ‘‘$90’’. of good standing, as prescribed by the Judi- to perform the duties as chief judge, such du- (c) EFFECTIVE DATE.—This section shall cial Conference of the United States pursu- ties shall be performed by the judge of the take effect 60 days after the date of the en- ant to section 1914 of title 28, United States court in active service, able and qualified to actment of this Act. Code, shall be deposited into the special fund act, who is next in precedence.’’. SEC. 402. INTERPRETER PERFORMANCE EXAM- of the Treasury established under section (b) TECHNICAL AND CONFORMING AMEND- INATION FEES. 1931 of title 28, United States Code. MENTS.—Chapter 11 of title 28, United States (a) IN GENERAL.—Section 1827(g) of title 28, (b) DISPOSITION OF BANKRUPTCY COMPLAINT Code, is amended— United States Code, is amended by redesig- FILING FEES.—For each fee collected for fil- (1) in section 251 by striking out subsection nating paragraph (5) as paragraph (6) and in- ing an adversary complaint in a bankruptcy (b) and redesignating subsection (c) as sub- serting after paragraph (4) the following new proceeding, as established in Item 6 of the section (b); paragraph: Bankruptcy Court Miscellaneous Fee Sched- (2) in section 253— ‘‘(5) If the Director of the Administrative ule prescribed by the Judicial Conference of (A) by amending the section heading to Office of the United States Courts finds it the United States pursuant to section 1930(b) read as follows: necessary to develop and administer cri- of title 28, United States Code, the portion of ‘‘§ 253. Duties of chief judge’’; terion-referenced performance examinations the fee exceeding $120 shall be deposited into for purposes of certification of interpreters, the special fund of the Treasury established and or other examinations for the selection of under section 1931 of title 28, United States (B) by striking out subsections (d) and (e); otherwise qualified interpreters, the Direc- Code. and tor may prescribe for each examination a (c) EFFECTIVE DATE.—This section shall (3) in the table of sections for chapter 11 of uniform fee for applicants to take such ex- take effect 60 days after the date of the en- title 28, United States Code— amination. In determining the rate of the fee actment of this Act. (A) by amending the item relating to sec- for each examination, the Director shall con- tion 253 to read as follows: TITLE V—FEDERAL COURTS STUDY sider the fees charged by other organizations COMMITTEE RECOMMENDATIONS ‘‘253. Duties of chief judge.’’; for examinations that are similar in scope or and nature. Notwithstanding section 3302(b) of SEC. 501. QUALIFICATION OF CHIEF JUDGE OF (B) by adding at the end thereof the follow- title 31, the Director is authorized to provide COURT OF INTERNATIONAL TRADE. ing: in any contract or agreement for the devel- (a) IN GENERAL.—Chapter 11 of title 28, opment or administration of examinations United States Code, is amended by adding at ‘‘258. Chief judges; precedence of judges.’’. and the collection of fees that the contractor the end thereof the following new section: (c) APPLICATION.—(1) Notwithstanding the may retain all or a portion of the fees in pay- ‘‘§ 258. Chief judges; precedence of judges provisions of section 258(a) of title 28, United ment for the services. Notwithstanding para- ‘‘(a)(1) The chief judge of the Court of States Code (as added by subsection (a) of graph (6) of this subsection, all fees collected International Trade shall be the judge of the this section), the chief judge of the United after the effective date of this paragraph and court in regular active service who is senior States Court of International Trade who is not retained by a contractor shall be depos- in commission of those judges who— in office on the day before the date of enact- ited in the fund established under section ‘‘(A) are 64 years of age or under; ment of this Act shall continue to be such 1931 of this title and shall remain available ‘‘(B) have served for 1 year or more as a chief judge on or after such date until any until expended.’’. judge of the court; and one of the following events occurs: (b) PAYMENT FOR CONTRACTUAL SERVICES.— ‘‘(C) have not served previously as chief (A) The chief judge is relieved of his duties Notwithstanding sections 3302(b), 1341, and judge. under section 258(c) of title 28, United States 1517 of title 31, United States Code, the Di- ‘‘(2)(A) In any case in which no judge of the Code. rector of the Administrative Office of the court meets the qualifications under para- (B) The regular active status of the chief United States Courts may include in any graph (1), the youngest judge in regular ac- judge is terminated. contract for the development or administra- tive service who is 65 years of age or over (C) The chief judge attains the age of 70 tion of examinations for interpreters (includ- and who has served as a judge of the court years. ing such a contract entered into before the for 1 year or more shall act as the chief (D) The chief judge has served for a term of date of the enactment of this Act) a provi- judge. 7 years as chief judge. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10457 (2) When the chief judge vacates the posi- SEC. 704. FEDERAL JUDICIAL CENTER EMPLOYEE be reviewable in accordance with sections tion of chief judge under paragraph (1), the RETIREMENT PROVISIONS. 1291, 1292, and 1294 of title 28, United States position of chief judge of the Court of Inter- Section 627(b) of title 28, United States Code.’’. national Trade shall be filled in accordance Code, is amended— (3) Section 1152 of the Northeast Rail Serv- with section 258(a) of title 28, United States (1) in the first sentence by inserting ‘‘Dep- ice Act of 1981 (45 U.S.C. 1105) is amended by Code. uty Director,’’ before ‘‘the professional striking out subsection (b) and inserting in TITLE VI—PLACES OF HOLDING COURT staff’’; and lieu thereof the following: (2) in the first sentence by inserting ‘‘chap- ‘‘(b) APPEAL.—An order or judgment of the SEC. 601. PLACE OF HOLDING COURT IN THE ter 84 (relating to the Federal Employees’ United States District Court for the District SOUTHERN DISTRICT OF NEW YORK. Retirement System),’’ after ‘‘(relating to of Columbia in any action referred to in this The last sentence of section 112(b) of title civil service retirement),’’. section shall be reviewable in accordance 28, United States Code, is amended to read as with sections 1291, 1292, and 1294 of title 28, follows: SEC. 705. ABOLITION OF THE SPECIAL COURT, REGIONAL RAIL REORGANIZATION United States Code.’’. ‘‘Court for the Southern District shall be ACT OF 1973. (c) TECHNICAL AND CONFORMING AMEND- held at New York, White Plains, and in the (a) ABOLITION OF THE SPECIAL COURT.—Sec- MENTS.—(1) Section 209 of the Regional Rail Middletown-Wallkill area of Orange County tion 209 of the Regional Rail Reorganization Reorganization Act of 1973 (45 U.S.C. 719) is or such nearby location as may be deemed Act of 1973 (45 U.S.C. 719) is amended in sub- amended— appropriate.’’. section (b)— (A) in subsection (g) by inserting ‘‘or the SEC. 602. PLACE OF HOLDING COURT IN THE (1) by inserting ‘‘(1)’’ before ‘‘Within 30 Court of Appeals for the District of Columbia EASTERN DISTRICT OF TEXAS. days after’’; and Circuit’’ after ‘‘Supreme Court’’; and (a) The second sentence of section 124(c)(3) (2) by adding at the end thereof the follow- (B) by striking out subsection (h). of title 28, United States Code, is amended by ing new paragraph: (2) Section 305(d)(4) of the Regional Rail inserting ‘‘and Plano’’ after ‘‘held at Sher- ‘‘(2) The special court referred to in para- Reorganization Act of 1973 (45 U.S.C. 745(d)) man’’. graph (1) of this subsection is abolished ef- is amended by striking out ‘‘a judge of the (b) Sections 83(b)(1) and 124(c)(6) of title 28, fective 90 days after the date of the enact- United States district court with respect to United States Code, are each amended in the ment of the Federal Courts Improvement Act such proceedings and such powers shall in- last sentence by inserting before the period of 1996. On such effective date, all jurisdic- clude those of’’. the following: ‘‘, and may be held anywhere tion and other functions of the special court (3) Section 1135(a)(8) of the Northeast Rail within the Federal courthouse in Texarkana shall be assumed by the United States Dis- Service Act of 1981 (45 U.S.C. 1104(8)) is that is located astride the State line between trict Court for the District of Columbia. amended to read as follows: Texas and Arkansas’’. With respect to any proceedings that arise or ‘‘(8) ‘Special court’ means the judicial TITLE VII—MISCELLANEOUS continue after the date on which the special panel established under section 209(b)(1) of court is abolished, the references in the fol- the Regional Rail Reorganization Act of 1973 SEC. 701. PARTICIPATION IN JUDICIAL GOVERN- (45 U.S.C. 719(b)(1)) or, with respect to any ANCE ACTIVITIES BY DISTRICT, SEN- lowing provisions to the special court estab- IOR, AND MAGISTRATE JUDGES. lished under this subsection shall be deemed proceedings that arise or continue after the (a) JUDICIAL CONFERENCE OF THE UNITED to refer to the United States District Court panel is abolished pursuant to section STATES.—Section 331 of title 28, United for the District of Columbia: 209(b)(2) of such Act, the United States Dis- States Code, is amended by striking out the ‘‘(A) Subsections (c), (e)(1), (e)(2), (f) and trict Court for the District of Columbia.’’. second undesignated paragraph and inserting (g) of this section. (4) Section 1152 of the Northeast Rail Serv- in lieu thereof the following: ‘‘(B) Sections 202 (d)(3), (g), 207 (a)(1), (b)(1), ice Act of 1981 (45 U.S.C. 1105) is further ‘‘The district judge to be summoned from (b)(2), 208(d)(2), 301 (e)(2), (g), (k)(3), (k)(15), amended by striking out subsection (d). (d) PENDING CASES.—Effective 90 days after each judicial circuit shall be chosen by the 303 (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), the date of the enactment of this Act, any circuit and district judges of the circuit and (c)(3), (c)(4), (c)(5), 304 (a)(1)(B), (i)(3), 305 (c), case pending in the special court established shall serve as a member of the Judicial Con- (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), under section 209(b) of the Regional Rail Re- ference of the United States for a term of not (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 306 organization Act of 1973 (45 U.S.C. 719(b)) less than 3 successive years nor more than 5 (a), (b), (c)(4), and 601 (b)(3), (c) of this Act (45 shall be assigned to the United States Dis- successive years, as established by majority U.S.C. 712 (d)(3), (g), 717 (a)(1), (b)(1), (b)(2), trict Court for the District of Columbia as vote of all circuit and district judges of the 718(d)(2), 741 (e)(2), (g), (k)(3), (k)(15), 743 though the case had originally been filed in circuit. A district judge serving as a member (a)(1), (a)(2), (b)(1), (b)(6)(A), (c)(1), (c)(2), that court. The amendments made by sub- of the Judicial Conference may be either a (c)(3), (c)(4), (c)(5), 744 (a)(1)(B), (i)(3), 745 (c), section (b) of this section shall not apply to judge in regular active service or a judge re- (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(8), (e), any final order or judgment entered by the tired from regular active service under sec- (f)(1), (f)(2)(B), (f)(2)(D), (f)(2)(E), (f)(3), 746 special court for which— tion 371(b) of this title.’’. (a), (b), (c)(4), 791 (b)(3), (c)). (1) a petition for writ of certiorari has been (b) BOARD OF THE FEDERAL JUDICIAL CEN- ‘‘(C) Sections 1152(a) and 1167(b) of the filed before the date on which the special TER.—Section 621 of title 28, United States Northeast Rail Service Act of 1981 (45 U.S.C. court is abolished; or Code, is amended— 1105(a), 1115(a)). (2) the time for filing a petition for writ of (1) in subsection (a) by striking out para- ‘‘(D) Sections 4023 (2)(A)(iii), (2)(B), (2)(C), certiorari has not expired before that date. graph (2) and inserting in lieu thereof the (3)(C), (3)(E), (4)(A) and 4025(b) of the Conrail (e) EFFECTIVE DATE.—The amendments following: Privatization Act (45 U.S.C. 1323 (2)(A)(iii), made by subsections (b) and (c) of this sec- ‘‘(2) two circuit judges, three district (2)(B), (2)(C), (3)(C), (3)(E), (4)(A), 1324(b)). tion shall take effect 90 days after the date judges, one bankruptcy judge, and one mag- ‘‘(E) Section 24907(b) of title 49, United of the enactment of this Act and, except as istrate judge, elected by vote of the members States Code. provided in subsection (d), shall apply with of the Judicial Conference of the United ‘‘(F) Any other Federal law (other than respect to proceedings that arise or continue States, except that any circuit or district this subsection and section 605 of the Federal on or after such effective date. judge so elected may be either a judge in reg- Courts Improvement Act of 1996), Executive SEC. 706. EXCEPTION OF RESIDENCY REQUIRE- ular active service or a judge retired from order, rule, regulation, delegation of author- MENT FOR DISTRICT JUDGES AP- regular active service under section 371(b) of ity, or document of or relating to the special POINTED TO THE SOUTHERN DIS- this title but shall not be a member of the court as established under paragraph (1) of TRICT AND EASTERN DISTRICT OF Judicial Conference of the United States; this subsection.’’. NEW YORK. and’’; and (b) APPELLATE REVIEW.—(1) Section 209(e) Section 134(b) of title 28, United States (2) in subsection (b) by striking out ‘‘re- of the Regional Rail Reorganization Act of Code, is amended— tirement,’’ and inserting in lieu thereof ‘‘re- 1973 (45 U.S.C. 719) is amended by striking (1) by inserting ‘‘the Southern District of tirement pursuant to section 371(a) or sec- paragraph (3) and inserting in lieu thereof New York, and the Eastern District of New tion 372(a) of this title,’’. the following: York,’’ after ‘‘the District of Columbia,’’; SEC. 702. THE DIRECTOR AND DEPUTY DIRECTOR ‘‘(3) An order or judgment of the United (2) by inserting ‘‘or she’’ after ‘‘he’’; and OF THE ADMINISTRATIVE OFFICE AS States District Court for the District of Co- (3) by inserting at the end the following: OFFICERS OF THE UNITED STATES. lumbia in any action referred to in this sec- ‘‘Each district judge of the Southern District Section 601 of title 28, United States Code, tion shall be reviewable in accordance with of New York and the Eastern District of New is amended by adding at the end thereof the sections 1291, 1292, and 1294 of title 28, United York may reside within 20 miles of the dis- following: ‘‘The Director and Deputy Direc- States Code.’’. trict for which he or she is appointed.’’. tor shall be deemed to be officers for pur- (2) Section 303 of the Regional Rail Reorga- SEC. 707. CIVIL JUSTICE EXPENSE AND DELAY poses of title 5, United States Code.’’. nization Act of 1973 (45 U.S.C. 743) is amend- REDUCTION PLANS. SEC. 703. REMOVAL OF ACTION FROM STATE ed by striking out subsection (d) and insert- (a) AUTHORIZATION OF ARBITRATION.—Sec- COURT. ing in lieu thereof the following: tion 473(a)(6)(B) of title 28, United States Section 1446(c)(1) of title 28, United States ‘‘(d) APPEAL.—An order or judgment en- Code, is amended by inserting ‘‘arbitration,’’ Code, is amended by striking out ‘‘peti- tered by the United States District Court for before ‘‘mediation’’. tioner’’ and inserting in lieu thereof ‘‘defend- the District of Columbia pursuant to sub- (b) REPORT ON DEMONSTRATION PROGRAM.— ant or defendants’’. section (c) of this section or section 306 shall Section 104(d) of the Civil Justice Reform H10458 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Act of 1990 (28 U.S.C. 471 note) is amended by sistencies in the operations of the Judi- single thing we could, but we also tried striking out ‘‘December 31, 1996,’’ and insert- cial Survivors’ Annuities System and to make sure that we minimized con- ing in lieu thereof ‘‘June 30, 1997,’’. civil action filing fees and other user troversy so we could maximize the re- (c) REPORT ON PILOT PROGRAM.—Section fees are increased for the first time in sults and get it done. We full well knew 105(c)(1) of the Civil Justice Reform Act of 1990 (28 U.S.C. 471 note) is amended by strik- 10 years. Clarification of statutory re- that there was not going to be time to ing out ‘‘December 31, 1996,’’ and inserting in moval and venue provisions are made, bring controversial things or have long lieu thereof ‘‘June 30, 1997,’’. as well as other changes. I think it is hearings. In the end, I think we have SEC. 708. VENUE FOR TERRITORIAL COURTS. clear that H.R. 3968 will have a positive done a very good job of getting as (a) CHANGE OF VENUE.—Section 1404(d) of impact on the operations of the Fed- much as we possibly can at this time title 28, United States Code, is amended to eral courts and enhance the delivery of that will be noncontroversial. read as follows: justice in the Federal system and I I am particularly pleased this bill in- ‘‘(d) As used in this section, the term ‘dis- urge my colleagues’ support for the cludes a provision that will produce trict court’ includes the District Court of legislation. considerable efficiency gains for the Guam, the District Court for the Northern Mariana Islands, and the District Court of Mr. GILMAN. Mr. Speaker, will the Federal courts by providing for trial the Virgin Islands, and the term ‘district’ in- gentleman yield? before magistrate judges in most petty cludes the territorial jurisdiction of each Mr. FLANAGAN. I yield to the gen- offense cases, while at the same time such court.’’. tleman from New York we can protect the right to trial before (b) CURE OR WAIVER OF DEFECTS.—Section Mr. GILMAN. Mr. Speaker, I thank a district judge in all class B mis- 1406(c) of title 28, United States Code, is the gentleman for yielding. I want to demeanors. amended to read as follows: thank him for bringing this measure to b 1530 ‘‘(c) As used in this section, the term ‘dis- the floor. I thank the Committee on trict court’ includes the District Court of the Judiciary. That may sound like gobbledygook Guam, the District Court for the Northern to most people, but it will help the effi- Mariana Islands, and the District Court of Mr. Speaker, I rise in strong support the Virgin Islands, and the term ‘district’ in- for H.R. 3968, the Federal Courts Im- ciency of the courts. cludes the territorial jurisdiction of each provement Act. I want to thank Chair- In language that was approved by the such court.’’. man MOORHEAD for all of his hard work Committee on the Judiciary, it differs (c) APPLICABILITY.—The amendments made on this bill and for the inclusion of sec- a little bit from that proposed by the by this section apply to cases pending on the tion 601, title VI, which establishes the Judicial Conference, because the com- date of the enactment of this Act and to Middletown-Wallkill Area of Orange mittee did recognize that class B mis- cases commenced on or after such date. County, NY, as a place for court pro- demeanors do carry the potential for a The SPEAKER pro tempore. Pursu- ceedings in the southern district of level of punishment many people would ant to the rule, the gentleman from Il- New York. consider to be significant. linois [Mr. FLANAGAN] and the gentle- The need for a Federal court facility We want to recognize the special woman from Colorado [Mrs. Schroeder] in the Middletown-Wallkill Area is needs of those districts that have this each will control 20 minutes. genuine and well founded. This issue very high caseload of petty offenses The Chair recognizes the gentleman has been considered and approved by that are Federal cases only because of from Illinois [Mr. FLANAGAN]. all of the judges of the southern dis- the accident of geography; that is, the GENERAL LEAVE trict of New York, all of the members offense occurred on Federal property, Mr. FLANAGAN. Mr. Speaker, I ask of the judicial council of the second therefore, it goes into a Federal court. unanimous consent that all Members circuit, as well as the Judicial Con- We realized that clutters the court, may have 5 legislative days within ference of the United States. but, at the same time, we drew the line which to revise and extend their re- As Chairman MOORHEAD knows, the making sure that there were some core marks on the bill under consideration. judicial conference takes the issue of Federal law concerns, such as illegal The SPEAKER pro tempore. Is there establishing a place for holding court entry charges under our immigration objection to the request of the gen- very seriously and studies all requests laws that would give people access to a tleman from Illinois? fully before granting any approval. I title III judge and it was terribly im- There was no objection. am confident that the importance of portant that we preserve that part. Mr. FLANAGAN. Mr. Speaker, I yield this fact will be duly recognized by the So that is the real main difference myself such time as I may consume. Senate during consideration of this from what the Judicial Conference Mr. Speaker, I rise in support of H.R. matter. asked us to do, but we did it and I 3968, the Federal Courts Improvement I look forward to working with think it is going to be fine. Act of 1996. This legislation embodies a Chairman MOORHEAD on the Middle- I really join the gentleman from series of proposals pertaining to the town-Wallkill Court facility issue, and California and the gentleman from Illi- Federal courts system and the adminis- I again thank him for his efforts on be- nois in urging my colleagues to support tration thereof, that have been en- half of the southern district of New this bill so that we can do everything dorsed by the Judicial Conference of York. we can to help the Judicial Conference the United States. The provisions of Accordingly, I urge my colleagues to move forward efficiently. the bill address administrative, finan- fully support his bill. Mr. FLANAGAN. Mr. Speaker, I yield cial, personnel, organizational, and Mr. FLANAGAN. I thank the distin- myself such time as I may consume to technical changes that are needed by guished chairman for his remarks. thank the gentlewoman for her re- the courts and their supporting agen- Mr. Speaker, I reserve the balance of marks and her support for the bill, one cies. H.R. 3968 represents a scaled-back my time. she has worked so hard to move for- version of earlier legislation, H.R. 1989, Mrs. SCHROEDER. Mr. Speaker, I ward. that my colleague from Colorado, Mrs. yield myself such time as I may Mr. Speaker, I yield 1 minute to the SCHROEDER and Chairman MOORHEAD consume. gentleman from California [Mr. MOOR- introduced at the request of the judi- (Mrs. SCHROEDER asked and was HEAD], the distinguished chairman of cial conference. given permission to revise and extend the subcommittee. The provisions in H.R. 3968 are non- her remarks.) Mr. MOORHEAD. Mr. Speaker, I wish controversial and affect a wide range of Mrs. SCHROEDER. Mr. Speaker, I to at this time thank the gentlewoman judicial branch programs and oper- clearly rise in support of this bill, and from Colorado [Mrs. SCHROEDER] for ations. The reappointment procedure of I really want to thank the chairman of the work that she has done for this bankruptcy judges is simplified and the the subcommittee, CARLOS MOORHEAD, subcommittee during this 2-year pe- term definition of certain temporary from California, who has done such a riod. It has been outstanding with her bankruptcy judgeships is clarified. Pro- wonderful job to move this bill in the assistance, and she has been a great, visions affecting court reporters, court very short period of time we have left. great help to the committee during interpreters, and employees of the ad- We worked very hard to take this that time. ministrative office of the U.S. Courts bill, which came at the request of the Betty Wheeler, who is her counsel, are included. The bill corrects incon- judicial conference, to put in it every has certainly done a marvelous job in September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10459 all the work she has done, along with CLARIFYING RULES GOVERNING days of the filing of the notice of re- our staff on our side of the aisle. All of REMOVAL OF CASES TO FED- moval. This language is unclear be- the staff have been outstanding this ERAL COURT cause no time limit applies to motions year. This is the culmination, one of Mr. MOORHEAD. Mr. Speaker, I to remand based on lack of subject the fine pieces of legislation that we move to suspend the rules and pass the matter jurisdiction. S. 533 clarifies have gotten out of the committee. Senate bill (S. 533) to clarify the rules that ‘‘defect’’ encompasses any defect H.R. 1989 was the original bill that governing removal of cases to Federal other than subject matter jurisdiction. was introduced by the gentlewoman court, and for other purposes. This correction is necessary to re- from Colorado [Mrs. SCHROEDER] and The Clerk read as follows: move the ambiguity in the law. I urge myself, and H.R. 3968 represents a S. 533 my colleagues to support it. Mr. Speaker, I have no further re- scaled-back version of that bill. But it Be it enacted by the Senate and House of Rep- is a fine piece of legislation that has resentatives of the United States of America in quests for time, and I yield back the been requested by the Judicial Con- Congress assembled, balance of my time. ference, and I know that it will im- SECTION 1. REMOVAL. Mr. MOORHEAD. Mr. Speaker, I have prove the general laws of the United The first sentence of section 1447(c) of title no further requests for time, and I States relating to the courts. 28, United States Code, is amended by strik- yield back the balance of my time. Mrs. SCHROEDER. Mr. Speaker, I ing ‘‘any defect in removal procedure’’ and The SPEAKER pro tempore. The yield 1 minute to the gentlewoman inserting ‘‘any defect other than lack of sub- question is on the motion offered by ject matter jurisdiction’’. from California [Ms. LOFGREN]. the gentleman from California [Mr. Ms. LOFGREN. Mr. Speaker, I just The SPEAKER pro tempore. Pursu- MOORHEAD] that the House suspend the wanted to say something briefly about ant to the rule, the gentleman from rules and pass the Senate bill, S. 533. the gentlewoman from Colorado [Mrs. California [Mr. MOORHEAD] and the The question was taken. gentlewoman from Colorado [Mrs. Mr. MOORHEAD. Mr. Speaker, I ob- SCHROEDER] and the gentleman from SCHROEDER] each will control 20 min- ject to the vote on the ground that a California [Mr. MOORHEAD]. utes. quorum is not present and make the As a new Member of this Congress The Chair recognizes the gentleman point of order that a quorum is not and of the Committee on the Judiciary, from California [Mr. MOORHEAD]. present. I do not know that they have received f The SPEAKER pro tempore. Pursu- sufficient praise for the really excel- ant to clause 5, rule I, and the Chair’s GENERAL LEAVE lent bipartisan work that they have prior announcement, further proceed- done in this Congress on issues that Mr. MOORHEAD. Mr. Speaker, I ask ings on this motion will be postponed. really matter in patent law and other unanimous consent that all Members The point of no quorum is considered areas that just are so sensible. may have 5 legislative days within withdrawn. Clearly, there are things they do not which to revise and extend their re- f agree on, and they are very open about marks on S. 533. that, but they work together in a bi- The SPEAKER pro tempore. Is there REPEALING A REDUNDANT VENUE partisan way. They have made the objection to the request of the gen- PROVISION country a better place as a con- tleman from California? Mr. MOORHEAD. Mr. Speaker, I sequence, and I, for one, commend There was no objection. move to suspend the rules and pass the them and thank them, and I am going Mr. MOORHEAD. Mr. Speaker, I Senate bill (S. 677) to repeal a redun- to miss them both in the next Con- yield myself such time as I may dant venue provision, and for other gress, if the voters send me back. consume. purposes. Mrs. SCHROEDER. Mr. Speaker, I Today, I rise in support of S. 533. In The Clerk read as follows: thank the gentlewoman. the Judicial Improvements and Access S. 677 Mr. Speaker, I have no further re- to Justice Act of 1988, Congress re- Be it enacted by the Senate and House of Rep- quests for time, and I yield back the quired under section 1447(c) of title 28 resentatives of the United States of America in balance of my time. of the United States Code that a ‘‘mo- Congress assembled, Mr. FLANAGAN. Mr. Speaker, I yield tion to remand the case on the basis of SECTION 1. REPEAL. myself such time as I may consume to any defect in removal must be made (a) REPEAL.—Subsection (a) of section 1392 associate myself with the remarks of within 30 days after the filing of the of title 28, United States Code, is repealed. notice of removal under section (b) TECHNICAL AMENDMENT.—Subsection (b) the gentlewoman from California [Ms. of section 1392 of title 28, United States Code, LOFGREN]. 1446(a).’’ The intent of the Congress is not en- is amended by striking ‘‘(b) Any’’ and insert- As has been the case, I have re- ing ‘‘Any’’. marked on three separate occasions so tirely clear from the current wording of section 1447(c), and courts have in- The SPEAKER pro tempore. Pursu- far in this Congress, this is yet another ant to the rule, the gentleman from worthy chairman and a ranking mem- terpreted it differently. S. 533 merely clarifies the intent of the Congress California [Mr. MOORHEAD] and the ber that are retiring together, and gentlewoman from Colorado [Mrs. what a fine job they have done through that a motion to remand a case on the basis of any defect other than subject SCHROEDER] each will control 20 min- decades of service to the Congress. I utes. thank them both for not only their fine matter jurisdiction must be made with- in 30 days after the filing of the notice The Chair recognizes the gentleman work on this bill but the good work from California [Mr. MOORHEAD]. they have done through the years. of removal under section 1446(a). Mr. Speaker, I reserve the balance of GENERAL LEAVE Mr. Speaker, I have no further re- my time. Mr. MOORHEAD. Mr. Speaker, I ask quests for time, and I yield back the Ms. SCHROEDER. Mr. Speaker, I unanimous consent that all Members balance of my time. yield myself such time as I may may have 5 legislative days within The SPEAKER pro tempore. The consume. which to revise and extend their re- question is on the motion offered by Mr. Speaker, I rise in support of S. marks on S. 677. the gentleman from California [Mr. 533, to clarify the rule governing re- The SPEAKER pro tempore. Is there MOORHEAD] that the House suspend the moval of cases. objection to the request of the gen- rules and pass the bill, H.R. 3968, as As the gentleman from California has tleman from California? amended. noted, this is a technical clarification There was no objection. The question was taken; and (two- made necessary by some language in Mr. MOORHEAD. Mr. Speaker, I thirds having voted in favor thereof) section 1447(c) of title 28 that is not as yield myself such time as I may the rules were suspended and the bill, clear as it should be. consume. as amended, was passed. Section 1447(c) requires motions to Mr. Speaker, today, I rise in support A motion to reconsider was laid on remand based on ‘‘any defect in re- of S. 677. S. 677 implements a proposal the table. moval procedure’’ to be filed within 30 made by the Judicial Conference of the H10460 CONGRESSIONAL RECORD — HOUSE September 17, 1996 United States to eliminate a redundant wrongfully copies or otherwise controls a shall not apply to forfeitures under this sec- provision governing venue, section trade secret, or attempts or conspires to do tion. 1392(a) of title 28 of the United States so shall be punished as provided in sub- ‘‘(e) ORDERS TO PRESERVE CONFIDENTIAL- ITY.—In any prosecution or other proceeding Code, which duplicates provisions of section (b). ‘‘(b) PUNISHMENT.— under this section, the court shall enter such the Judicial Improvements Act of 1990. ‘‘(1) GENERALLY.—The punishment for an orders and take such other action as may be This is a housekeeping provision to offense under this section is— necessary and appropriate to preserve the eliminate any confusion regarding ‘‘(A) in the case of an offense under sub- confidentiality of trade secrets, consistent venue in title 28. section (a)(1), a fine under this title or im- with the requirements of the Federal Rules Mr. Speaker, I reserve the balance of prisonment for not more than 25 years, or of Criminal and Civil Procedure, the Federal my time. both; and Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United Mrs. SCHROEDER. Mr. Speaker, I ‘‘(B) in the case of an offense under sub- section (a)(2), a fine under this title or im- States shall lie from a decision or order of a yield myself such time as I may prisonment for not more than 15 years. district court authorizing or directing the consume. ‘‘(2) INCREASED MAXIMUM FINE FOR ORGANI- disclosure of any trade secret. Mr. Speaker, I rise in support of S. ZATIONS.—If an organization commits an of- ‘‘(f) CIVIL PROCEEDINGS TO ENJOIN VIOLA- 677, a bill to repeal a redundant venue fense— TIONS.— provision. ‘‘(A) under subsection (a)(1), the maximum ‘‘(1) GENERALLY.—The Attorney General fine, if not otherwise larger, that may be im- may, in a civil action, obtain appropriate in- This bill implements a Judicial Con- junctive relief against any violation of this ference proposal to eliminate a provi- posed is $10,000,000; and ‘‘(B) under subsection (a)(2), the maximum section. sion governing venue, 28 U.S.C. fine, if not otherwise larger, that may be im- ‘‘(2) EXCLUSIVE JURISDICTION.—The district § 1392(a), which duplicates provisions of posed is $5,000,000. courts of the United States shall have exclu- the Judicial Improvements Act of 1990. ‘‘(c) DEFINITIONS.—As used in this section— sive original jurisdiction of civil actions This is a housekeeping measure to ‘‘(1) the term ‘foreign instrumentality’ under this subsection. means any agency, bureau, ministry, compo- ‘‘(g) TERRITORIAL APPLICATION.— eliminate any confusion regarding ‘‘(1) This section applies to conduct occur- nent, institution, association, or any legal, venue caused by the redundant provi- ring within the United States. sion. commercial, or business organization, cor- ‘‘(2) This section also applies to conduct poration, firm, or entity that is substan- I urge my colleagues to support this occurring outside the United States if— tially owned, controlled, sponsored, com- ‘‘(A) the offender is— technical correction. manded, managed, or dominated by a foreign ‘‘(i) a United States citizen or permanent Mr. Speaker, I have no further re- government; resident alien; or quests for time, and I yield back the ‘‘(2) the term ‘foreign agent’ means any of- ‘‘(ii) an organization substantially owned balance of my time. ficer, employee, proxy, servant, delegate, or or controlled by United States citizens or Mr. MOORHEAD. Mr. Speaker, I have representative of a foreign government; permanent resident aliens, or incorporated no further requests for time, and I ‘‘(3) the term ‘trade secret’ means all forms in the United States; or ‘‘(B) an act in furtherance of the offense yield back the balance of my time. and types of financial, business, scientific, technical, economic, or engineering informa- was committed in the United States. The SPEAKER pro tempore. The tion, including patterns, plans, compilations, ‘‘(h) NONPREEMPTION OF OTHER REMEDIES.— question is on the motion offered by program devices, formulas, designs, proto- This section shall not be construed to pre- the gentleman from California [Mr. types, methods, techniques, processes, proce- empt or displace any other remedies, wheth- MOORHEAD] that the House suspend the dures, programs, or codes, whether tangible er civil or criminal, provided by United rules and pass the Senate bill, S. 677. or intangible, and whether or how stored, States Federal, State, commonwealth, pos- The question was taken; and (two- compiled, or memorialized physically, elec- session, or territory law for the misappro- priation of a trade secret. thirds having voted in favor thereof) tronically, graphically, photographically, or in writing if— ‘‘(i) EXCEPTIONS TO PROHIBITION.— the rules were suspended and the Sen- ‘‘(A) the owner thereof has taken reason- ‘‘(1) This section does not prohibit and ate bill was passed. able measures to keep such information se- shall not impair any otherwise lawful activ- A motion to reconsider was laid on cret; and ity conducted by an agency or instrumental- the table. ‘‘(B) the information derives independent ity of the United States, a State, or a politi- economic value, actual or potential, from cal subdivision of a State. f ‘‘(2) This section does not prohibit the re- not being generally known to, and not being porting of any suspected criminal activity to ECONOMIC ESPIONAGE ACT OF 1996 readily ascertainable through proper means any law enforcement agency or instrumen- by, the public; and Mr. BUYER. Mr. Speaker, I move to tality of the United States, a State, or a po- ‘‘(4) the term ‘owner’, with respect to a litical subdivision of a State, to any intel- suspend the rules and pass the bill trade secret, means the person or entity in ligence agency of the United States, or to (H.R. 3723) to amend title 18, United whom or in which rightful legal or equitable Congress.’’. States Code, to protect proprietary title to, or license in, the trade secret is re- (b) CLERICAL AMENDMENT.—The table of economic information, and for other posed. sections at the beginning of chapter 31, Unit- purposes, as amended. ‘‘(d) CRIMINAL FORFEITURE.— ed States Code, is amended by adding at the The Clerk read as follows: ‘‘(1) Notwithstanding any other provision end the following new item: of State law, any person convicted of a viola- ‘‘670. Protection of trade secrets.’’. H.R. 3723 tion under this section shall forfeit to the Be it enacted by the Senate and House of Rep- SEC. 3. WIRE AND ELECTRONIC COMMUNICA- United States— TIONS INTERCEPTION AND INTER- resentatives of the United States of America in ‘‘(A) any property constituting, or derived CEPTION OF ORAL COMMUNICA- Congress assembled, from, any proceeds the person obtained, di- TIONS. SECTION 1. SHORT TITLE. rectly or indirectly, as the result of such vio- Section 2516(1)(c) of title 18, United States This Act may be cited as the ‘‘Economic lation; and Code, is amended by inserting ‘‘section 670 Espionage Act of 1996’’. ‘‘(B) any of the person’s property used, or (relating to economic espionage),’’ after SEC. 2. PROTECTION OF TRADE SECRETS. intended to be used, in any manner or part, ‘‘(bribery in sporting contests),’’. to commit or facilitate the commission of (a) IN GENERAL.—Chapter 31 of title 18, The SPEAKER pro tempore. Pursu- United States Code, is amended by adding at such violation, if the court in its discretion ant to the rule, the gentleman from In- so determines, taking into consideration the the end the following: diana [Mr. BUYER] and the gentleman nature, scope, and proportionality of the use ‘‘§ 670. Protection of trade secrets of the property in the offense. from New York [Mr. SCHUMER] each ‘‘(a) OFFENSE.—Whoever— ‘‘(2) The court, in imposing sentence on will control 20 minutes. ‘‘(1) with the intent to, or with reason to such person, shall order, in addition to any The Chair recognizes the gentleman believe that the offense will, benefit any for- other sentence imposed pursuant to this sec- from Indiana [Mr. BUYER]. eign government, foreign instrumentality, or tion, that the person forfeit to the United GENERAL LEAVE foreign agent; or States all property described in this section. Mr. BUYER. Mr. Speaker, I ask ‘‘(2) with the intent to divert a trade se- ‘‘(3) Property subject to forfeiture under unanimous consent that all Members cret, that is related to or is included in a this section, any seizure and disposition may have 5 legislative days within product that is produced for or placed in thereof, and any administrative or judicial interstate or foreign commerce, to the eco- proceeding in relation thereto, shall be gov- which to revise and extend their re- nomic benefit of anyone other than the erned by the provisions of section 413 of the marks on the bill under consideration. owner thereof, and with the intent to, or Comprehensive Drug Abuse Prevention and The SPEAKER pro tempore. Is there with reason to believe that the offense will, Control Act of 1970 (21 U.S.C. 853), except for objection to the request of the gen- disadvantage any owner of that trade secret; subsections (d) and (j) of such section, which tleman from Indiana? September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10461 There was no objection. taken reasonable measure to keep con- I support this bill because it will enact a Mr. BUYER. Mr. Speaker, I yield my- fidential and which has value, in part, comprehensive statute to combat this crime. It self such time as I may consume. by virtue of the fact that the informa- creates criminal penalties for the wrongful Mr. Speaker, I am pleased to speak in tion is not widely known. copying or control of trade secrets if done to favor of H.R. 3723, the Economic Espio- The bill provides for a significant en- benefit a foreign government or instrumental- nage Act of 1996. This bill was intro- hanced penalty if the entity commit- ity. It also penalizes the wrongful diversion of duced by Representative BILL MCCOL- ting the crime is an organization. It a trade secret to the economic benefit of LUM, chairman of the Subcommittee on also provides for criminal forfeiture of someone other than its owners. Crime, and cosponsored by Mr. SCHU- the proceeds of the crime and limited Americans have long been known as the MER, the ranking minority member of forfeiture of the property used to com- most innovative people in the world. It is en- the subcommittee. The bill is based, in mit the crime. Additionally, it requires tirely appropriate that the Federal Government large part, on draft legislation for- courts hearing cases brought under the be equipped with the legal tools for protecting warded to the Subcommittee on Crime statute to enter such orders as may be U.S. innovations. After all, it is our creative from the Department of Justice and necessary to protect the confidential- spirit that has made America the leader of the the Federal Bureau of Investigation. ity of the information involved in the business and financial world. Protecting this Mr. Speaker, this bill is designed to case. position requires protecting our creative devel- help Federal law enforcement better Mr. Speaker, this bill gives Federal opments from unscrupulous international com- combat the theft of proprietary eco- law enforcement agencies the tools petitors. nomic information, more commonly they need to combat economic espio- Mr. Speaker, simply put, it is in our national known as trade secrets. According to nage. It is the product of a bipartisan interest to prevent economic espionage. This the American Society for Industrial effort and was reported favorably by a bill will help the Federal Government to fulfill Security, thefts of this type of prop- unanimous voice vote of the full Judi- this critical mission. Enacting this measure erty cost American businesses approxi- ciary Committee. I urge all of my col- now is of the utmost importance. mately $24 billion a year in losses. Gen- leagues to support its passage today. Mr. SCHUMER. Mr. Speaker, I yield myself such time as I may consume. erally speaking, these types of crime b 1545 fall into two broad categories: First, Mr. Speaker, I rise in support of the Mr. Speaker, I reserve the balance of there are thefts by foreign companies, Economic Espionage Act. my time. Mr. Speaker, I introduced this legis- often with the cooperation of foreign Mr. HYDE. Mr. Speaker, when the cold war governments. The FBI currently is in- lation together with the chairman of ended, Americans rightly hoped that our na- CCOL- vestigating allegations of economic es- the Crime Subcommittee, Mr. M tional security would no longer be threatened. LUM. The Justice Department came to pionage conducted against the United We soon learned, however, that new or pre- both of us and identified a serious loop- States by individuals or organizations viously overlooked threats would replace the hole in current Federal law that ap- from 23 different countries. A number Eastern bloc in the struggle for progress and plies to the protection of intellectual of these countries maintain friendly re- freedom throughout the world. We learned that property. lations with the United States, yet in evil despots in remote regions of the world As America moves toward a high- some cases these nations take advan- could shatter the peace and threaten world tech economy, some of most valuable tage of their access to U.S. information stability when it suited their selfish interests. economic assets are intangible. They and their ability to collect information We also learned that ruthless terrorists, willing are plans, formula, inventions and more easily than our traditional adver- and able to strike anywhere and at anytime, databases. Unfortunately, the Stolen saries. The second category of these would pose a growing threat to our Nation's Property Act, written back in the crimes are committed by Americans or security. But largely overlooked as a threat to 1930’s, applies to physical property and U.S. nationals who leave their employ- our national security is the attack being waged not to these trade secrets that many ment and steal proprietary information against our Nation's economic interests. companies value even more highly. No which they deliver to new employers. In my opinion, our economic interests other statute has been a satisfactory The Federal Government has been should be seen as an integral part of its na- substitute either. frustrated in its attempts to combat tional security interests, because America's The Economic Espionage Act simply this type of crime because existing standing in the world depends on its economic adds a new offense to the law prohibit- laws are insufficient. There is no Fed- strength and productivity. ing the theft of trade secrets. The new eral criminal statute which directly That's why the measure we are considering provision will help Federal investiga- addresses economic espionage or the today is of great importance. Testimony before tors and prosecutors stop economic protection of proprietary economic in- the Judiciary Committee's Subcommittee on competitors from pilfering this valu- formation. The statutes which Federal Crime indicated that economic espionage able information. It will also send a law enforcement does use to combat crimes cost American businesses approxi- clear message to foreign governments, this crime were drafted decades ago, mately $24 billion a year in losses. But of including many of our traditional al- long before anyone had conceived of even greater concern than those financial lies, that are currently spying on the kind of property we now call ‘‘in- losses, and they are significant in themselves, America’s private companies. Their tellectual property.’’ Another obstacle is the fact that a large portion of these thefts agents will now be held accountable for to enforcing these crimes under exist- are committed by agents of foreign govern- their criminal activity. ing law is that there is no statutory ments or companies. FBI Director Freeh testi- Two different reports have estimated procedure in place to protect the vic- fied that the FBI currently is investigating alle- conservatively that our economy loses tim’s stolen information during crimi- gations of economic espionage conducted $2 billion a month from economic espi- nal proceedings. As a result, victims against the United States by individuals or or- onage. At our subcommittee hearing in are often reluctant to prosecute for ganization from 23 different countries. Most May, we heard from several businesses fear that the prosecution itself will fur- disturbing is the fact that a number of these that had been victimized by industrial ther disseminate the economic infor- countries maintain friendly relations with the spying. Raymond Damadian, CEO of mation stolen from them. United States, yet take advantage of their ac- the Fonar Corp., estimated that his H.R. 3723 will establish criminal pen- cess to U.S. information and their ability to 300-person workforce would be twice as alties that prohibit the wrongful copy- steal the innovations of American businesses. large if not for economic espionage. ing or other acts of wrongfully control- Mr. Speaker, we simply cannot allow this We cannot, Mr. Speaker, afford to let ling proprietary economic information type of crime to occur. The Justice Depart- this loophole remain in our law. Amer- if done either to benefit a foreign gov- ment has told us that the existing laws dealing ican inventiveness is the key to our ernment, instrumentality, or agent, or with the theft of property are insufficient to economy. From Benjamin Franklin to disadvantage the rightful owner and to combat these crimes. And no wonder, those Thomas Edison to Bill Gates, our na- benefit another person. The term pro- statutes were written in the 1930's. With all of tional ingenuity has been one of our prietary economic information is de- the technological innovation of the computer greatest assets, and preserving it is our fined in the bill and includes financial, age, criminals are finding new ways to steal goal. business, scientific, or economic infor- the propertyÐeven the intangible propertyÐof Finally, Mr. Speaker, I want to men- mation as to which the owner has others. tion two concerns that have been H10462 CONGRESSIONAL RECORD — HOUSE September 17, 1996 raised as this bill moved through the mittee by voice vote. This bill would specifi- States Parole Commission shall not be great- committee process and explain how cally make it a Federal crime to steal trade se- er than 2. To the extent necessary to achieve each has been addressed in the legisla- crets from American companies. Currently, the this reduction, the Commissioner or Com- missioners least senior in service shall cease tion before us today. This explanation theft of trade secrets has been prosecuted to hold office. is for the benefit of other Members and under laws such as wire fraud, mail fraud, and (2) Effective December 31, 2001, the United also for prosecutors and judges who the interstate transportation of stolen property. States Parole Commission shall consist only will interpret this act later on. Under this bill, if the intent of stealing a of that Commissioner who is the Chairman First, some Members thought that trade secret is to benefit a foreign company or of the Commission. this legislation might inhibit common foreign government, the individual charged (3) Effective when the Commission consists of only one Commissioner— and acceptable business practices. For with economic espionage would be subject to (A) that Commissioner (or in the Commis- example, employees who leave one a maximum fine of $10 million and 25 years sioner’s absence, the Attorney General) may company to work for another naturally in prison. If foreign espionage is not involved, delegate to one or more hearing examiners take their general knowledge and expe- the penalty would be punishable by up to $5 the powers set forth in paragraphs (1) rience with them and no one, no one million and 15 years in prison. Additionally, through (4) of section 4203(b) of title 18, Unit- wishes to see them penalized as a re- any property derived from the crime would be ed States Code; and sult. Similarly, reverse engineering is subject to forfeiture. (B) decisions made pursuant to such dele- This bill is long overdue. We must do every- gation shall take effect when made, but shall an entirely legitimate practice. be subject to review and modification by the Our bill was carefully drafted to thing that we can to enable American busi- Commissioner. avoid this problem. The very high in- nesses to compete on a level playing field with SEC. 3. REPORTS BY THE ATTORNEY GENERAL. tent requirements and the narrow defi- the rest of the world and this bill will help us (a) IN GENERAL.—Beginning in the year nition of a trade secret make it clear to achieve this goal. 1998, the Attorney General shall report to that we are talking about extraor- Mr. BUYER. Mr. Speaker, I congratu- the Congress not later than May 1 of each dinary theft, not mere competition. late the gentleman from New York year through the year 2002 on the status of Second, several Members were con- [Mr. SCHUMER] on the bill, and I yield the United States Parole Commission. Un- cerned that people acting in the public back the balance of my time. less the Attorney General, in such report, certifies that the continuation of the Com- interest as whistleblowers would be The SPEAKER pro tempore. The question is on the motion offered by mission is the most effective and cost-effi- subject to the penalties in this bill. cient manner for carrying out the Commis- Again, we have carefully fine-tuned the gentleman from Indiana [Mr. sion’s functions, the Attorney General shall the language to avoid this problem. BUYER] that the House suspend the include in such report an alternative plan for There is a specific exemption for people rules and pass the bill, H.R. 3723, as a transfer of the Commission’s functions to who report information about sus- amended. another entity. pected criminal activity to government The question was taken. (b) TRANSFER WITHIN THE DEPARTMENT OF authorities. In addition, the intent re- Mr. BUYER. Mr. Speaker, I object to JUSTICE.— (1) EFFECT OF PLAN.—If the Attorney Gen- quirement for domestic economic espi- the vote on the ground that a quorum is not present and make the point of eral includes such a plan in the report, and onage specifies that the offender in- that plan provides for the transfer of the tends to confer an economic benefit to order that a quorum is not present. Commission’s functions and powers to an- someone other than the owner of a The SPEAKER pro tempore. Pursu- other entity within the Department of Jus- trade secret. If the motivation truly is ant to clause 5, rule I, and the Chair’s tice, such plan shall take effect according to the well-being of the public, the activ- prior announcement, further proceed- its terms on November 1 of that year in ity is not covered by this intent re- ings on this motion will be postponed. which the report is made, unless Congress by The point of no quorum is considered law provides otherwise. In the event such quirement. In other words, we are talk- plan takes effect, all laws pertaining to the ing about thieves, not whistleblowers, withdrawn. f authority and jurisdiction of the Commis- and the legislation makes that clear. sion with respect to individual offenders I am pleased we were able to advance PAROLE COMMISSION PHASEOUT shall remain in effect notwithstanding the this better than legislation on a bipar- ACT OF 1996 expiration of the period specified in section 2 tisan basis. I urge my colleagues to of this Act. Mr. BUYER. Mr. Speaker, I move to (2) CONDITIONAL REPEAL.—Effective on the support it. suspend the rules and pass the Senate Mr. Speaker, I yield 1 minute to the date such plan takes effect, paragraphs (3) bill (S. 1507) to provide for the exten- and (4) of section 235(b) of the Sentencing Re- gentlewoman from California [Ms. sion of the Parole Commission to over- form Act of 1984 (98 Stat. 2032) are repealed. LOFGREN] who represents parts of Sili- see cases of prisoners sentenced under SEC. 4. REPEAL. con Valley and has been an instrumen- prior law, to reduce the size of the Pa- Section 235(b)(2) of the Sentencing Reform tal leader on this issue. role Commission, and for other pur- Act of 1984 (98 Stat. 2032) is repealed. Ms. LOFGREN. Mr. Speaker, as we poses, as amended. The SPEAKER pro tempore. Pursu- look ahead to the next century, I think The Clerk read as follows: ant to the rule, the gentleman from In- all of us or many of us realize that our S. 1507 diana [Mr. BUYER] and the gentleman prosperity in America is going to be from New York [Mr. SCHUMER] each based on knowledge and information. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in will control 20 minutes. In my county we have added over 50,000 Congress assembled, The Chair recognizes the gentleman jobs in 1 year’s time. We have unem- SECTION 1. SHORT TITLE. from Indiana [Mr. BUYER]. ployment of 3.7 percent, and that is This Act may be cited as the ‘‘Parole Com- GENERAL LEAVE fueled by technology, it is fueled by mission Phaseout Act of 1996’’. Mr. BUYER. Mr. Speaker, I ask high-skilled jobs and information. If we SEC. 2. EXTENSION OF PAROLE COMMISSION. unanimous consent that all Members do not take steps to protect knowledge (a) IN GENERAL.—For purposes of section may have 5 legislative days within and information, as this bill does, we 235(b) of the Sentencing Reform Act of 1984 which to revise and extend their re- (98 Stat. 2032) as it related to chapter 311 of will face adverse economic con- marks on the bill under consideration. sequences in Silicon Valley and ulti- title 18, United States Code, and the Parole Commission, each reference in such section The SPEAKER pro tempore. Is there mately throughout the United States. to ‘‘ten years’’ or ‘‘ten-year period’’ shall be objection to the request of the gen- So I commend the ranking member deemed to be a reference to ‘‘fifteen years’’ tleman from Indiana? and the chairman for this bill and urge or ‘‘fifteen-year period’’, respectively. There was no objection. my colleagues to support it. (b) POWERS AND DUTIES OF PAROLE COMMIS- Mr. BUYER. Mr. Speaker, I yield my- Mr. SCHUMER. Mr. Speaker, I thank SION.—Notwithstanding section 4203 of title self such time as I may consume. the gentlewoman from California [Ms. 18, United States Code, the United States Pa- Mr. Speaker, in the Sentencing Re- LOFGREN] for her remarks and support. role Commission may perform its functions form Act of 1984, Congress abolished Mr. Speaker, I yield back the balance with any quorum of Commissioners, or Com- parole in the Federal system, and de- of my time. missioner, as the Commission may prescribe cided to phase out the Parole Commis- by regulation. Ms. JACKSON-LEE of Texas. Mr. Speaker, (c) REDUCTION IN SIZE.— sion. In 1990, Congress extended the I rise in support of the Economic Espionage (1) Effective December 31, 1999, the total time line for this phaseout by an addi- Act, which passed the House Judiciary Com- number of Commissioners of the United tional 5 years, because there were still September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10463 several thousand parole-eligible offend- committee on Crime, for his coopera- SECTION 1. SHORT TITLE. ers in the Federal system and the Sen- tion in moving this legislation. I urge This Act may be cited as the ‘‘Carjacking tencing Reform Act had not made any my colleagues to support the bill. Correction Act of 1996’’. provisions for the necessary, ongoing Mr. Speaker, I reserve the balance of SEC. 2. CLARIFICATION OF INTENT OF CONGRESS IN FEDERAL CARJACKING PROHIBI- functions of the Commission. my time. TION. The Commission is currently set to Ms. LOFGREN. Mr. Speaker, I yield Section 2119(2) of title 18, United States expire November 1, 1997, and S. 1507, myself such time as I may consume. Code, is amended by inserting ‘‘, including the Parole Commission Phaseout Act, Mr. Speaker, I rise in support of the any conduct that, if the conduct occurred in would extend the Commission for an bill, and I agree with the gentleman the special maritime and territorial jurisdic- additional 5 years. If this bill is not en- from Indiana. This bill does deserve tion of the United States, would violate sec- acted, the Commission must soon begin passage, both from the point of view of tion 2241 or 2242 of this title’’ after (as de- fined in section 1365 of this title’’. to take steps in preparation for shut- tough law enforcement as well as from ting down the agency. the point of view of reinventing gov- The SPEAKER pro tempore. Pursu- There are several considerations ernment. ant to the rule, the gentleman from In- which justify support for S. 1507. At the As the gentleman mentioned, were diana [Mr. BUYER] and the gentle- end of fiscal year 1996, there will still we not to take this action, prisoners woman from Colorado [Mrs. SCHROE- be approximately 6,700 parole-eligible, who have a constitutional right to DER] will each control 20 minutes. old law defendants in the Federal sys- have their parole status reviewed, The Chair recognizes the gentleman would have the ability to file habeas tem. Constitutional requirements, spe- from Indiana [Mr. BUYER]. petitions and seriously muck up the cifically the ex post facto clause, ne- GENERAL LEAVE works in our Federal courts. That is cessitate the extension of the Commis- Mr. BUYER. Mr. Speaker, I ask not a desirable outcome for law en- sion or the establishment of a similar unanimous consent that all Members forcement in the United States, and entity. Otherwise, those remaining old may have 5 legislative days to revise this bill prevents that from happening. and extend their remarks on the bill law offenders will file habeas corpus But, Mr. Speaker, it also does allow petitions seeking release on the under consideration. and really mandates that the Commis- The SPEAKER pro tempore. Is there grounds that their right to be consid- sion downsize and then terminate itself objection to the request of the gen- ered for parole had been unconsti- as the need to deal with the old law tutionally eliminated. tleman from Indiana? prisoners decreases and eventually dis- There was no objection. S. 1507 also includes provisions to appears. guarantee the continued downsizing of Mr. BUYER. Mr. Speaker, I yield my- the Parole Commission. It directs the b 1600 self such time as I may consume. Attorney General to report to Congress I urge my colleagues to support this Mr. Speaker, H.R. 3676, the not later than May 1 of each year on bill. I would urge, also, that the Parole Carjacking Corrections Act, amends the most cost-efficient and effective Commission explore some of the oppor- section 2119(2) of title 18, United States method for continuing the Parole Com- tunities that may be available to it to Code, to clarify that rape constitutes a mission’s functions. reduce costs even further. As we men- serious bodily injury for the purposes It also allows the Attorney General tioned in one of the hearings, in Cali- of the penalty enhancement provided to provide an alternative plan for an- fornia, there are jurisdictions that are in the Federal carjacking statute. other entity to carry out those func- using interactive video conferencing to Mr. Speaker, few crimes are as vi- tions. If the Attorney General decides decrease the costs of moving prisoners cious as carjackings. It is a tragic re- there should be a transfer to another or moving hearing officers. These are flection of our time that victims of division within the Department of Jus- all ideas that can be pursued adminis- carjackings are actually glad that they tice, the transfer can take effect auto- tratively to further cut costs. I hope only lost their car. It is a sad day when matically on November 1 of that year, that the commission will explore them people can say they are happy to have unless Congress acts otherwise. fully. I am aware of no legislative ac- just been abandoned, often at night, far This bill also mandates the reduction tion to accomplish any of them. I from home, having just had one of in size of the number of commissioners. would urge passage of this bill. their most valuable pieces of property By the end of 1999, the number of com- Mr. Speaker, I have no further re- taken from them. But these victims missioners shall not be greater than quests for time, and I yield back the know they could have been raped or two, and by the end of 2001, the only re- balance of my time. killed. Could we ever forget the story maining commissioner shall be the Mr. BUYER. Mr. Speaker, I yield of Pamela Basu, who died in a horrible chairman. back the balance of my time. carjacking right here in our Nation’s It is necessary for Congress to pass The SPEAKER pro tempore (Mr. MIL- Capital when she was dragged for a this legislation this year to end any LER of Florida). The question is on the mile and a half while trying to rescue confusion concerning the ongoing func- motion offered by the gentleman from her 2-year old daughter who was still in tions of the Commission. Under the Indiana [Mr. BUYER] that the House the backseat of the car? Many Ameri- current law, the Commission will soon suspend the rules and pass the Senate cans witnessed that account on our na- be required to set final release dates bill, S. 1507, as amended. tional news. Carjackers are some of so- for the old law prisoners. The question was taken; and (two- ciety’s most ruthless criminals—when This bill will extend the life of the thirds having voted in favor thereof) we talk about carjackers, we are not Parole Commission, which at this point the rules were suspended and the Sen- just talking about car theft, we are in time is necessary. But this bill will ate bill, as amended, was passed. talking about violent predators. A motion to reconsider was laid on also force the Department of Justice to Mr. Speaker, the federal carjacking the table. continue to monitor the number of old law, section 2119(2) of title 18, currently f law offenders presently in the Federal allows for an additional 10 years in system and to report to Congress on CARJACKING CORRECTION ACT OF prison if serious bodily injury results the progress of the phaseout. 1996 from a carjacking. Serious bodily in- As the number of old law offenders Mr. BUYER. Mr. Speaker, I move to jury is defined in title 18 as ‘‘a substan- decreases, it will soon be possible for suspend the rules and pass the bill tial risk of death,’’ ‘‘extreme physical another entity to handle all the Parole (H.R. 3676) to amend title 18, United pain,’’ ‘‘protracted and obvious dis- Commission’s functions. The Parole States Code, clarify the intent of Con- figurement,’’ or ‘‘protracted loss or im- Commission is supportive of this bill. gress with respect to the Federal pairment of a bodily member, organ or Mr. Speaker, on behalf of the gen- carjacking prohibition, as amended. mental faculty.’’ Under this bill serious tleman from Florida [Mr. MCCOLLUM], The Clerk read as follows: bodily injury, for purposes of the pen- the chairman of the Subcommittee on H.R. 3676 alty enhancement under the carjacking Crime, I would like to thank the gen- Be it enacted by the Senate and House of Rep- statute, will include sexual abuse and tleman from New York [Mr. SCHUMER], resentatives of the United States of America in aggravated sexual abuse, as already de- the ranking member of the Sub- Congress assembled, fined in title 18. H10464 CONGRESSIONAL RECORD — HOUSE September 17, 1996 This legislation is responsive to a unpunished because of this group’s de- not have had this absolutely out- First Circuit Court of Appeals decision, cision that that would not justify sen- rageous result in the first circuit. on May 21 of this year, overturning a tencing enhancement. I hope that we pass this bill. I also district court opinion in which a The person who took her over the hope that, as we move forward in the carjacking received a penalty enhance- border to do that will only get a sen- coming years, we will see many more ment for raping his victim. The first tencing on the carjacking. qualified women on the Federal bench circuit panel held that rape was not a The first circuit includes the States and prevent this kind of ridiculous re- serious bodily injury. One first circuit of Massachusetts, Vermont, Maine, sult. judge requested that the first circuit New Hampshire, Puerto Rico, and the Mrs. SCHROEDER. Mr. Speaker, I have a rehearing en banc to further re- Virgin Islands. I think that anyone yield myself such time as I may view this issue, and this request was who lives in those areas will be very consume. I thank the gentlewoman from Cali- denied. H.R. 3676 clarifies any confu- pleased if the Congress could get this fornia. The gentlewoman is absolutely sion Federal judges may have about corrected as fast as possible. Mr. right. You show me an American whether a carjacker can get a penalty Speaker, I want to say here today that woman who tells you that rape is not a enhancement for rape. The answer is I do not think anyone in this body ever intended that. I cannot imagine how serious bodily injury, I want to see an unequivocal yes. that person come forward. I think it is This legislation does not create any they could possibly think we intended shocking that we would have males sit- new Federal crime or expand Federal that when we dealt with the carjacking ting on the court of appeals that would issue and sentence enhancement. jurisdiction in any way. It does not say that. There was only one woman sitting on even create a penalty enhancement Nevertheless, we are correcting it scheme under the carjacking statute— the First Circuit Court of Appeals. Her today. I urge everyone to vote a strong, that enhancement already exists in the name was Judge Sarah Lynch. she re- strong, strong aye. law. All this bill does it make clear quested that the case that we are cor- Mr. Speaker, I yield back the balance that anyone who commits rape during recting today be reheard en banc. But of my time. the course of a carjacking will get a the majority voted against that rehear- Mr. BUYER. Mr. Speaker, I yield my- longer, and certainly well-deserved, ing. In her dissent, Judge Lynch wrote self such time as I may consume. term in prison. very strongly that she believed this re- I do not have to be shot by a bullet to I urge my colleagues to support this sult was clearly contrary to the intent understand pain. A man can be compas- bill. I also congratulate the gentleman of the statute and to what the Congress sionate, can have sincerity, can love. I from Michigan [Mr. CONYERS], for in- had intended. Well, Judge Lynch, you find it offensive that anyone can allege troducing it. are absolutely right. The Committee that judicial rulings based on one’s Mr. Speaker, I reserve the balance of on the Judiciary, after Congressman gender are somehow what is wrong. I my time. CONYERS got the bill together, voted find it offensive, I have to say that. I Mrs. SCHROEDER. Mr. Speaker, I unanimously to report this bill to the believe that bad decisions are bad deci- yield myself such time as I may floor. I would hope every one of my col- sions regardless of chromosomes. I am consume. I rise in support of the bill, leagues will vote yes on this bill so we going to stand here and say that, if the Carjacking Corrections Act of 1996. can correct it as soon as possible, espe- there have been bad decisions that Mr. Speaker, I want to commend the cially for the people who are living in come from the court, if they are made gentleman from Michigan, Mr. JOHN that area. from a woman, if they are made from a CONYERS, ranking Democrat on the I particularly want to thank commit- man, you are looking through it Committee on the Judiciary. He has tee counsel Melanie Sloan. She has through the dimension of gender. been phenomenal in his leadership in worked so diligently on this matter I support this bill because a bad judi- getting this bill drafted and moving it. and has really done a yeoman job, and cial decision was made. Rape is serious Mr. Speaker, we really should not everyone else on the committee for bodily injury. The court should have have to be here. This is an absolute bringing it forward. taken it into account. As for the side- outrage that the first circuit did. The Mr. Speaker, I yield such time as she bar comments, I believe that they are Carjacking Correction Act responds to may consume to the gentlewoman from out of place. Ms. LOFGREN. Mr. Speaker, will the their decision. This decision that was California [Ms. LOFGREN]. recently issued by the first circuit said Ms. LOFGREN. Mr. Speaker, I also gentleman yield? Mr. BUYER. Mr. Speaker, I will not that for purposes of sentencing en- urge adoption of this bill. I would also yield, and I yield back the balance of hancement, rape was not serious bodily like to concur in the comments made my time. injury. by the gentlewoman from Colorado Ms. JACKSON-LEE of Texas. Mr. I wish they would tell the average [Mrs. SCHROEDER]. We should not have Speaker, I rise in support of the American woman that. I think that to enact this amendment to the act. I Carjacking Correction Act of 1996, they would be absolutely stunned to think it is absolutely clear that rape is which was introduced by Congressman find out that there could be gentlemen serious bodily harm. I very much re- JOHN CONYERS. This legislation makes sitting on the bench that would think spect the independence of the judiciary it clear that rape is included in the def- that. And by the way, it was only gen- and the three branches of Government, inition of serious bodily injury for pur- tlemen who voted that way. but that a court could actually rule poses of the Federal carjacking stat- This bill makes it very clear that the that rape does not constitute serious ute. The current carjacking statute Congress thinks that rape by itself bodily injury is ludicrous. contains a provision that enhances the does constitute a serious bodily injury. I was not a member of the Congress sentence for carjacking if serious bod- Under the first circuit decision, it when the original bill was passed. But ily injury occurs during a carjacking. would be possible that a carjacker who in talking to the authors and those This legislation is necessary because a broke someone’s arm while carjacking who worked on the bill, it is very clear, recent Federal circuit court of appeals would receive a stronger sentence and not only from what their intent was decision involving carjacking held that a longer sentence than somebody who but also just by reading the statute it- rape was not a serious bodily injury. raped their victim. Now, I really find it self, that the decision of the first cir- This court decision is very unfortu- incredible that somebody could say cuit turns reality on its head and will nate. that was a logical distinction. lead to a wrong result. There is no question that a rape is a The repercussions of this decision Mr. Speaker, I would just like to say serious bodily injury and we must have become apparent already. There one more thing. This decision is one make it very clear that all Federal was a woman in Boston who was more piece of evidence of why we need courts understand that it should be carjacked and driven to New Hamp- more women on the Federal bench. I considered in this manner. Current shire where she was raped. Then she love men. My father is one, my hus- Federal law defines serious bodily in- was returned to Boston. Now we find band is one, and my son. But I think if jury as ‘‘a substantial risk of death, ex- because living in Massachusetts she is we had as many women on the bench as treme physical pain, protracted and ob- in the first circuit, the rape will go there are women in society, we would vious disfigurement, or protracted loss September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10465 or impairment of a bodily member, Mr. HOEKSTRA. Yes, Mr. Speaker, I ment's involvement to a one time appropria- organ or mental faculty’’. This legisla- am. tion that must take place in fiscal year 1997 if tion would clarify the current law by The SPEAKER pro tempore. Pursu- money is going to be appropriated by the Ap- clearly defining sexual assault as a se- ant to the rules of the House, the gen- propriations Committee. The Federal Govern- rious bodily injury. We must ensure tleman from Pennsylvania [Mr. GOOD- ment is not authorized to provide any addi- that the Federal courts do not commit LING] and the gentleman from Michi- tional funds for the program after fiscal year the mistake again that occurred in a gan [Mr. HOEKSTRA] will each control 1997. The university will be on its own when recent court case. I strongly support 20 minutes. it comes to funding the program. In addition, this bill and urge my colleagues to sup- The Chair recognizes the gentleman any funds appropriated for this program may port this important principle. from Pennsylvania [Mr. GOODLING]. not be released to Texas A&M University until The SPEAKER pro tempore. The Mr. GOODLING. Mr. Speaker, I ask the Secretary of Education receives an appli- question is on the motion offered by unanimous consent that 10 minutes of cation containing such information as the Sec- the gentleman from Indiana [Mr. my 20 minutes be controlled by the retary determines necessary. BUYER] that the House suspend the gentleman from Texas, Mr. GENE The Federal Government is not going to dic- rules and pass the bill, H.R. 3676, as GREEN. tate the details of the program. Instead we are amended. The SPEAKER pro tempore. Is there going to provide seed money to start the pro- The question was taken; and (two- objection to the request of the gen- gram. We are going to allow the Secretary of thirds having voted in favor thereof) tleman from Pennsylvania? Education and the University to determine the the rules were suspended and the bill, There was no objection. best way to use that seed money in starting as amended, was passed. The SPEAKER pro tempore. The the program. Then, we are going to get the A motion to reconsider was laid on Chair recognizes the gentleman from Federal Government out of the way and let the table. Pennsylvania [Mr. GOODLING]. the private sector fund and operate the pro- f Mr. GOODLING. Mr. Speaker, I yield gram. myself 45 seconds. GEORGE BUSH SCHOOL OF GOV- Our colleagues in the other body have indi- (Mr. GOODLING asked and was given cated their support for this tribute to President ERNMENT AND PUBLIC SERVICE permission to revise and extend his re- ACT Bush by designating funds in the Labor/HHS/ marks.) Education Appropriations bill for the George Mr. GOODLING. Mr. Speaker, I move Mr. GOODLING. Mr. Speaker, H.R. Bush Fellowship Program subject to passage to suspend the rules and pass the bill 3803 is legislation that pays tribute to of this authorizing legislation. (H.R. 3803) to authorize funds for the a great President and a wonderful The George Bush Fellowship Program is an George Bush School of Government and friend. The bill is entitled the George excellent tribute to an outstanding public serv- Public Service, as amended. Bush School of Government and Public ant that also gives students the opportunity to The Clerk read as follows: Service Act. learn from a fine leader and a fine man. H.R. 3803 Some of my colleagues may be op- I urge all of my colleagues to support this Be it enacted by the Senate and House of Rep- posed to the bill. Some of them are tribute to President Bush. Johnny-come-lately when it comes to resentatives of the United States of America in b Congress assembled, trying to cut down the number of pro- 1615 SECTION 1. SHORT TITLE. grams that are here since I led the Mr. HOEKSTRA. Mr. Speaker, I yield This Act may be cited as the ‘‘George Bush fight to do that, as far as the Taft In- myself such time as I may consume. School of Government and Public Service stitute is concerned, because they con- Mr. Speaker, I join my colleagues to Act’’. tinued to fund it. honor former President George Bush, SEC. 2. GRANT AUTHORIZED. The beauty of this is it is a 1-year but I choose to do so in a very different In recognition of the public service of funding. The beauty of this is, instead way, by limiting the Federal Govern- President George Bush, the Secretary of of spending a whole lot of money build- ment and working toward a balanced Education is authorized to make a grant in accordance with the provisions of this Act to ing some monument someplace that budget, not by creating a new fellow- assist in the establishment of the George the taxpayer has to buy or pay for or to ship program. Supporters of H.R. 3803 Bush Fellowship Program, located at the spend a whole lot of money to set up have good intentions, but the goal of George Bush School of Government and Pub- some park in memory of a wonderful honoring former President George lic Service of the Texas A&M University. President, a great friend, this is done Bush can better be accomplished by re- SEC. 3. GRANT CONDITIONS. one time only because of an amend- sisting the urge to create yet another No payment may be made under this Act ment that I offered to the legislation. program and spending more Federal except upon an application at such time, in It must be spent, if appropriated, in dollars. such manner, and containing or accompanied 1997. The new Bush School at Texas A&M by such information as the Secretary of Edu- is certainly a fitting tribute to former cation may require. H.R. 3803 is legislation that pays tribute to President Bush. President and Mrs. SEC. 4. APPROPRIATIONS AUTHORIZED. a great President and wonderful friend. The There are authorized to be appropriated for bill is titled the ``George Bush School of Gov- Bush are committed to teach and live fiscal year 1997 such sums, not to exceed ernment and Public Service Act.'' in the area. I applaud his dedication to $3,000,000, as may be necessary to carry out The purpose of the bill is to authorize the students and to working with this the provisions of this Act. Secretary of Education to provide grant assist- school and this Texas community to SEC. 5. EFFECTIVE DATE. ance to the Texas A&M University for the es- make a difference in the education of This Act shall take effect on October 1, tablishment of the George Bush Fellowship our young people. 1996. Program. This one-time authorization will en- The enthusiasm for launching this The SPEAKER pro tempore. Pursu- sure that the George Bush Fellowship Pro- new fellowship has caused very gener- ant to the rule, the gentleman from gram gets off to a solid start. ous Members of Congress, I believe, to Pennsylvania, Mr. GOODLING, and the The George Bush School will be offering ad- live outside of their means. Let us have gentleman from Texas, Mr. GENE vanced degrees in public administration and a check on the Federal Government. GREEN, will each control 20 minutes. international affairs. Some very fortunate stu- Do we believe government is too small? The Chair recognizes the gentleman dents will have the opportunity to learn from Do we believe we have too few Federal from Pennsylvania [Mr. GOODLING]. someone with first hand experience in both of education programs? By our count and Mr. HOEKSTRA. Mr. Speaker, I am those areas. President Bush has agreed to by the count of the executive branch opposed to this bill, and I ask if the play an active role in teaching these lucky stu- we already have over 760. Do we need gentleman from Texas is in true oppo- dents drawing from his years of experience in 761? sition? the Congress and the Oval Office. The most honorable thing that Con- Mr. GENE GREEN of Texas. Mr. Some of my colleagues may be opposed to gress can do for George Bush is to re- Speaker, I am not. this bill since it authorizes a new program at view our current programs, figure out The SPEAKER pro tempore. Is the a time when this Congress is trying to limit what works, what does not work, and gentleman from Michigan [Mr. programs. That's why the manager's amend- pursue creative ways to improve edu- HOEKSTRA] in opposition to the bill? ment I submitted limits the Federal Govern- cation. Creativity will not lead us to H10466 CONGRESSIONAL RECORD — HOUSE September 17, 1996 enacting yet another Federal education believed was in the best interests of the thorized by the Congress for other program and spending additional funds. future of our country, and paid that Presidents. President Kennedy; we Until we have gained an adequate un- price in order to move this Nation clos- have a program that gives approxi- derstanding of the effectiveness of er to a balanced budget. mately $4 million a year to the Ken- these 760 programs, we should not add Now we stand here today talking nedy Center here in Washington, DC. another program to that list. about spending money on his behalf, We have the Woodrow Wilson School. President Bush was an advocate of and I could not agree with my col- We have the Eisenhower College, which 1,000 Points of Light. That philosophy league from Michigan more, that the received $5 million back in 1968. We still lives in the hearts of all Ameri- appropriate way to honor President have the Hoover Institution, which re- cans, that we can do so much more pri- Bush and his family today is by defeat- ceived $7 million in 1975. We have the vately than with Federal funds. ing this particular bill and helping this Harry S. Truman Scholarship Fund We do not need this legislation to ac- Nation move closer to a balanced budg- that has received several million dol- complish its goal. This bill, though et. lars from the Government. well-intentioned, perpetuates the myth We are currently $5.2 trillion in debt, President Bush is very supportive of that Washington can and should create $5.2 trillion, $20,000 for every man, this legislation. I have a letter dated effective education programs in the woman and child in the United States June 10 that I will put into the RECORD. place of the private sector or State and of America. This is a wonderful pro- I will read part of it. local organizations. We are masters of gram; it is a wonderful idea. The prob- Your proposal for creating a George Bush buying constituencies with other peo- lem that we have with it is we cannot Fellowships is excellent. I am delighted to ple’s money, a program here, a pro- afford it. There are many wonderful give you my enthusiastic support. The con- gram there. It sounds good, it makes us ideas out there; the bottom line is we cept of facilitating promising students com- ing to our school is wholly consistent with feel important; it is what we do. We have got to ask ourselves whether or the standards for excellence that we have spend money. This is one time where not we can afford the ideas. set. we should resist that urge. We currently have 760 educational I want to reiterate to my colleagues It is a myth that this money we are programs federally funded. The U.S. President Bush, who is going to spend spending today will help America. It Federal Government has 760 different approximately 3 days a week at the does not honor George Bush. It honors educational programs. Why would we school interacting with the students, the Washington spending myth. Citi- want to go today and add another pro- Mrs. Bush, who is also going to spend 3 zens Against Government Waste, the gram to that list? days a week at the school, did not want The other thing is Citizens Against National Taxpayers Union, and Tax- a post office named after the President, Government Waste, a well-respected payers for Common Sense all agree they did not want a plaque somewhere, organization here in Washington, as that this is unnecessary new Federal they did not want a monument. They well as National Taxpayers Union, rep- spending. wanted money that would go to future resenting many citizens from across Mr. Speaker, I reserve the balance of generations of America, the best and the United States of America, are op- my time. the brightest. Mr. GENE GREEN of Texas. Mr. posed to this, and they are opposed to I hope that we will unanimously sup- Speaker, I yield myself such time as I it for those very reasons, that we are in port this legislation. may consume, and I thank the chair- fact $5 trillion in debt and we need to Mr. Speaker, I include the letter re- man of our committee for sharing this start doing what is right for the future ferred to for the RECORD: time with me. of this country. JUNE 10, 1996. Mr. Speaker, I rise in support of H.R. The best thing we can do is defeat CHARLES F. HERMANN, 3803. This legislation is a good example this so we can keep moving toward a Director, George Bush School of Government about how a one-time small investment balanced budget, to preserve this Na- and Public Service, Texas A&M University, by the Federal Government can create tion for our children and grandchildren College Station, Texas. a new and self-sufficient program that while preserving and protecting Social DEAR CHUCK, your proposal for creating a George Bush Fellowships is excellent, and I assists young people at a very fine in- Security and Medicare for our senior am delighted to give you my enthusiastic stitution in Texas, Texas A&M, and citizens and working to reduce the tax support. The concept of facilitating promis- also recognizes the contributions of burden on our working families so they ing students coming to our school is wholly former President George Bush and the can keep more of their hard-earned consistent with the standards for excellence Bush School of Public Affairs at Texas money. we have set. I would be pleased to have my A&M. Public service. The school is Mr. GOODLING. Mr. Speaker, I yield name associated with future generations who scheduled to be opened in the fall of 2 minutes to the gentleman from Texas intend to pursue careers in public service. In response to your query about my will- [Mr. BARTON], the author of the legisla- 1997 in conjunction with George Bush ingness to interact with those who are Presidential Library and Museum, and tion. awarded these fellowships, let me affirm Texas A&M will initiate a private fund (Mr. BARTON of Texas asked and what I have said in the past: I very much drive that will raise much more than was given permission to revise and ex- want to be involved on a continuing basis the $3 million that is authorized in an tend his remarks.) with the Bush School, its faculty, and its effort to endow the Bush Fellows and Mr. BARTON of Texas. Mr. Speaker, students. Barbara and I would particularly programs in future years. I rise in very strong support of this enjoy the chance to get acquainted with fel- I support this legislation because it very important legislation that has lowship students in appropriate ways that been endorsed and supported by a bi- would underscore their outstanding merit. makes a difference in the lives of these By all means, keep me posted on your students, will help them learn how to partisan coalition of the House of Rep- progress. work with our government, and again resentatives. We have the chairman, Sincerely, it honors former President Bush, who the subcommittee chairman, I believe, GEORGE BUSH. served this country not only as Presi- the ranking Democrat on the authoriz- Mr. HOEKSTRA. Mr. Speaker, I yield dent, but in many other capacities. ing committee, on the subcommittee 2 minutes to the gentleman from Min- Mr. Speaker, I reserve the balance of and full Committee of Appropriations; nesota [Mr. LUTHER]. my time. we have both the ranking members and Mr. LUTHER. Mr. Speaker, I thank Mr. HOEKSTRA. Mr. Speaker, I yield the majority members in support of it. the gentleman for yielding me this 2 minutes to my colleague the gen- We have both leadership groups in the time. tleman from Wisconsin [Mr. NEUMANN]. House in support of it. This is a living Mr. Speaker, I rise in opposition to Mr. NEUMANN. Mr. Speaker, I, too, memorial to a former Member of the H.R. 3803. Once again we are on the have the greatest respect for President House of Representatives, to a former floor of the House debating an expendi- Bush and his commitment to our great Vice President and, obviously, to a ture by Government, this time the country and the many efforts that he former President of the United States issue being whether to spend yet an- and his family have put in for the good of America. other $3 million we do not have. of the future of America. President This money is very consistent with Like my colleagues, I recognize the Bush paid a huge price to do what he other memorials that have been au- good intentions of the sponsors of this September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10467 legislation, and I respect President Mr. MINGE. Mr. Speaker, I thank the Mr. DE LA GARZA. Mr. Speaker, I Bush’s service to our country. But that gentleman for yielding time to me. rise in support of the legislation. Let is not the issue before us today. I op- Mr. Speaker, I would like to make it me say at the outset that I cannot un- pose this bill, like so many others, for clear that this is not legislation which derstand the praise and then the meat- one reason. We simply do not have the is in any way concerning President ax approach. money. Bush’s distinguished service to this I challenge anyone to deny my com- Passing this legislation would pro- country. The controversy, instead, is mitment to a balanced budget. I intro- vide further credibility to the phrase over whether or not we create yet an- duced a balanced budget amendment 30 ‘‘some things never change,’’ and that, other special fellowship program in ad- years ago, so I do not want anyone that it seems to me, is exactly what is wor- dition to the 760 that we already have has been here one or two terms saying rying the American people today. They on the books. The question is whether that we who try and do something con- want Congress to begin acting respon- or not we are going to consolidate and structive, that we have to go after a sibly and not to be spending money we somehow streamline some of our ac- balanced budget with a meat-ax. I am do not have. tivities or if we are going to continue offended that anyone in honesty would There has been a great deal of debate to have this sort of unravel into a se- say that this is a bust-the-budget type in this Congress about various levels of ries of programs that are almost im- situation. education funding, and in the next Con- possible for us to oversee in Congress. There is no need for me to discuss gress we have the major task of reau- I certainly would join and associate what George Bush did in his lifetime, thorizing the Higher Education Act. his contribution, that of his wife, his Let us exercise some common sense myself with the remarks of my col- family. Members are fixing, under the today. In a time of fiscal restraint let leagues from Pennsylvania and Mis- us first review the efficiency and effec- sissippi about the distinguished career guise of balancing the budget, to em- tiveness of existing programs before we of President Bush, but I think that barrass a former President of the Unit- start funding new ones. Let us not lose there is no more distinguishing tribute ed States, the father of the Governor of our focus as we near the end of the ses- to his service in this body and as the Texas, saying we are going to balance sion. The people of America are still President than to say that we are going the budget no matter what; when I waiting for a balanced budget. Let us to practice the type of austerity and daresay many are asking for a canal get on with that task. fiscal responsibility that he so well here and a building there, just go to Mr. GENE GREEN of Texas. Mr. preached himself. I am sure that both the Committee on Appropriations, just Speaker, I yield 2 minutes to my col- President Bush and Barbara Bush go to the committees that fund, and league and good friend the gentleman would still be happy to contribute their many of those that might vote against from Mississippi [Mr. MONTGOMERY]. services to this great university and it are looking for something in their Mr. MONTGOMERY. Mr. Speaker, I teaching students without having a area. thank the gentleman for yielding me special appropriation or program that Mr. Speaker, this is an investment in this time. is passed by this Congress that is in the future, that is what it is, working Mr. Speaker, I rise in support of this violation of the very principles that with the young people at a great insti- legislation to provide funds to the President Bush stood for. tution Texas A&M so, that we might George Bush School of Government. recognize what George Bush contrib- b 1630 Mr. Speaker, we have helped other uted to this country; let me repeat Presidents and we have helped former I would urge my colleagues to join again, not because he is my friend, not Members of Congress and former Mem- with me and others in opposing this because he was my colleague, not be- bers and Presidents from those who op- special authorization, and, instead, cause he was the President, not be- pose this bill today. We have helped vote for the fiscal austerity and re- cause he was a Vice President, but be- those individuals. I certainly rise in sponsibility that we are all so deeply cause there are right things to do and support of these endowments for committed to. this is one of them. schools, in appreciation for the service Mr. GOODLING. Mr. Speaker, worry- Sometimes we get misdirected. This that these different individuals have ing that Hubert Humphrey may be un- balance the budget with a meat-ax ap- given. comfortable in his grave, I yield 30 sec- proach just will not do it. I will sup- President Bush had a very productive onds to the gentleman from Ohio [Mr. port the legislation in honor of this 4 years. He helped bring about the end REGULA]. great man, and ask all of my col- of the cold war with Russia and other (Mr. REGULA asked and was given leagues to do so. Communist nations in Europe. His ac- permission to revise and extend his re- Mr. HOEKSTRA. Mr. Speaker, I yield tions reduced the threat of nuclear war marks.) myself such time as I may consume. and started the movement to destroy Mr. REGULA. Mr. Speaker, I rise in Mr. Speaker, as I have talked with and reduce the number of nuclear strong support of this legislation. Each my colleagues who are sponsors of this weapons. His handling of the Persian year on the Interior appropriations bill bill, they have laid out a record of sig- Gulf, Mr. Speaker, was outstanding and we spend millions and millions of dol- nificant achievement by Texas A&M on brought great pride to our Nation and lars on memorials that are visited by this project. Texas A&M has already to our military forces. people. How far better to spend the President Bush worked hard toward raised significant dollars, either at the money on a living memorial where being the education President, and State level or through private con- young leaders, potential leaders, will Barbara Bush continues to work in the tributions, for the work that will go on field of literacy. I feel very strongly have an opportunity to learn and share at this school. They have demonstrated that these funds will help others to insights with President Bush and First that they can move forward without achieve goals that they have dreamed Lady Barbara Bush who have both our help. about and prayed about. served this Nation so well. Mr. Speaker, I think, as we move for- In almost 30 years of public service George Bush stands for all that is ward, the tribute here is not about the George Bush has never embarrassed good in America: A patriot, military work that George Bush has done, or this country, and he has tried in every service for his country with valor, a did, as President or did as a congress- way to help and not hurt President man of compassion and courage. As a man in service to his country. It is Clinton in his foreign policies, espe- matter of fact, as a young Congress- about, at this point in time, whether cially in Iraq and Bosnia. man, he had the courage to vote for we go forward and appropriate another I hope all Members will vote for this fair housing when it was not popular. I $3 million for an institution that will legislation. It makes sense, it is not a urge every one of my colleagues to vote celebrate the conservative principles big cost, costs less than one missile we for this bill. and the balanced budget for which he are shooting now to help out a great Mr. GENE GREEN of Texas. Mr. fought so hard. President. Speaker, I yield 2 minutes to my col- The important thing is that we show Mr. HOEKSTRA. Mr. Speaker, I yield league, the gentleman from Texas [Mr. fiscal restraint, that we do not con- 2 minutes to my colleague, the gen- DE LA GARZA], dean of the Texas dele- tinue doing business as we have done tleman from Minnesota [Mr. MINGE]. gation. business in the past. I have taken a H10468 CONGRESSIONAL RECORD — HOUSE September 17, 1996 look at the letter that George Bush other money in the future, it is a one- President Bush is aware of this new fellow- wrote to Mr. Herman, who is the direc- time deal. They wanted $5 million for ship initiative and has committed to becoming tor of the George Bush School of Gov- Hubert Humphrey not too long ago. personally involved with the educational pro- ernment and Public Service. The It is hard to see how they can com- gram of his school and, in particular, with the former President talked strongly in plain about something like this for George Bush fellows. The leadership opportu- favor of the fellowship program. In his education, that educates a lot of nities for these fellows and the close, personal letter, he does not talk or address the youngsters. Education is the answer to interaction they will have will be unmatched in issue about whether it should be feder- petitions to Federal courts and mobs in the world. These students will be learning pub- ally funded. the streets. If there is any answer, it is lic policy and international affairs at the arm of I think that the best tribute to this education. I do not understand how the master himself, George Bush. program is to continue going along in they can stand here and vote to send Today, we pass H.R. 3803 and we in Con- the direction that Texas A&M has done $16 billion to $17 billion overseas in for- gress say to President George Bush and to so admirably, which is pushing for pri- eign aid and complain about $3 million his great family, we respect you. Your leader- vate funding and private donations to to help some youngsters get educated. ship and dedication to public service will never make sure that this program gets off Mr. Speaker, I think certainly for be forgotten, because it will always be studied on the right foot. George Bush, a friend of mine, a long- and taught at the George Bush School of Gov- Mr. Speaker, I reserve the balance of time friend, I am pleased to speak on ernment and Public Service. my time. behalf of this. He was a leader in every- Mr. GOODLING. Mr. Speaker, I yield Mr. GOODLING. Mr. Speaker, I yield thing he did. He served as a carrier- 2 minutes to the gentleman from Texas 45 seconds to the gentleman from based torpedo bomber pilot in the Navy [Mr. SMITH]. Pennsylvania [Mr. CLINGER]. during World War II, was in many Mr. SMITH of Texas. Mr. Speaker, I Mr. CLINGER. Mr. Speaker, I thank major battles. Even, at one time, he thank the gentleman for yielding time the gentleman for yielding time to me. was shot down, picked up by a PT boat. to me. I rise in very strong support of H.R. He also served as congressman, ambas- Mr. Speaker, it is a pleasure to rise 3803. What a wonderful way to recog- sador, CIA director, Vice President, in support of the George Bush School nize a wonderful man and an outstand- and ultimately President. of Government and Public Service Act. ing President, and his wife, Barbara. Other than possibly Thomas Jeffer- Time and again, former President Bush I think it is instructive to point out son, he brought the greatest portfolio has served his country with distinc- that this is the sort of thing that into the Presidency of any of his prede- tion. As a young man, he volunteered to George Bush would like to have as rec- cessors, and probably any since. He fight for his country in World War II as ognition of his service. He did not want served his country for many years. I our Nation’s youngest naval aviator. the equivalent, today’s equivalent of just think that today, if we pass H.R. He dedicated his life to national serv- 3803, we in Congress say to our Presi- an equestrian statue, some sort of ice, serving as a Congressman rep- dent, to George Bush and his great plaque or grandiose recognition of his resenting Texas, the Director of the family, we respect you, your leadership service. He wanted to have something CIA, the U.S. ambassador to the United that would really make a difference in and dedication to public service will Nations, our Ambassador to the Repub- young people’s lives. never be forgotten, because it will al- lic of China, and the chairman of the This fellowship program is going to ways be studied and taught at the Republican National Committee. do just that with the incredible lever- George Bush School of Government and In 1980, he was elected Vice President age that this program is going to cre- Public Service. with President Ronald Reagan, and to- ate with a $3 million investment, and I Mr. Speaker, I am pleased to speak today gether they led America into the great- look at it as an investment in the fu- on behalf of H.R. 3803, the George Bush est peacetime expansion since World ture of this country, because it is in- School of Government and Public Service Act. War II. Presidents Reagan and Bush led vesting in young people, versus the $25 This bill will authorize one-time funding which the world to the end of the cold war. As million or more that the university is will help establish the George Bush fellowship President, George Bush served with the prepared to contribute. I think that is program at the former President's School of unquestionable honor and great dignity so very, very significant. Government and Public Service. that is owed to the highest office in our The other important thing is that Mr. Speaker, George Bush was a leader in great Nation. this President and his wife are going to everything he did. He served as a carrier- America, and indeed the world, was participate in this fellowship program. based Torpedo Bomber pilot in the Navy dur- appreciative of his efforts during the I urge strong support for this bill. ing World War IIÐwas in many major battles Gulf war. The unity that was dem- Mr. HOEKSTRA. Mr. Speaker, I and was even, at one time, shot down and onstrated during that conflict—the would ask, do I have the right to close? picked up by a PT boat. He also served our support of Congress, the support of the The SPEAKER pro tempore. The gen- country as a Congressman, Ambassador, CIA American public, and the support of tleman from Pennsylvania [Mr. Director, Vice President and, ultimately, Presi- our allies—was a triumph of and a trib- CLINGER], as chairman, has the right to dent. Other than possible Thomas Jefferson, ute to the steadfast leadership of Presi- close. he brought the greatest portfolio into the Presi- dent Bush. Mr. BARTON of Texas. Mr. Speaker, dency of all of his predecessors. He served Just as important is George Bush’s if the gentleman will yield, if he will our country for many years, and in so doing, constant devotion to his family. He and change his position and agree to the he served the world. He was a leader for a his wife, Barbara, have raised a won- bill, I am sure the chairman would give greater America and through his leadership, derful family that continue to pass on him the right to close. he shaped for us and for future generations a their shared values of faith, family, Mr. HOEKSTRA. Mr. Speaker, that is better world. honor and service to new generations. an interesting idea, but I do not think As we pass this bill, we will have the oppor- As a Texan, I am particularly appre- I will take the gentleman up on that. tunity to honor President Bush like we have no ciative of President Bush passing along Mr. Speaker, I reserve the balance of other former President. As a man who dedi- these values to his children, because he my time. cated his entire life to public service, I can has blessed our State with a great Gov- Mr. GENE GREEN of Texas. Mr. think of no greater honor than to help estab- ernor, his son, George W. Bush. Speaker, I yield 2 minutes to the gen- lish an educational program geared toward I urge my colleagues to support this tleman from Texas [Mr. HALL]. public service in his name. Rather than con- legislation as a tribute to a World War Mr. HALL of Texas. Mr. Speaker, of structing a building, a statue, or a park in his II aviator, a dedicated public servant, a course, I rise in support of the bill. It honor, we will be investing in the future of our great President and a truly honorable is hard for me to understand how some country. We will be helping to produce leaders man—President George Bush. people can complain about a $3 million and public servants who will be proud grad- Mr. GENE GREEN of Texas. Mr. expenditure. It is matched imme- uates of the George Bush School of Govern- Speaker, I yield myself such time as I diately by a $25 million expenditure by ment and Public Service, and who will go on may consume. the State of Texas and Texas A&M Uni- to follow President Bush's noble example of Mr. Speaker, let me talk a little bit versity. It is not $3 million that invites selfless leadership and public service. for the Members and colleagues who September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10469 may have some confusion about this. gentleman from Pennsylvania [Mr. former Vice President, and a great Historically, there have been Presi- CLINGER] said, a living memorial to a former President of the United States. dential fellowships for former officials, former President. Mr. GOODLING. Mr. Speaker, I yield and this is not breaking new ground. It Mr. GENE GREEN of Texas. Mr. 1 minute to the gentleman from Mis- was pointed out by the opposition that Speaker, I reserve the balance of my sissippi [Mr. MONTGOMERY]. there are private donations and private time. Mr. MONTGOMERY. Mr. Speaker, I fundraising. This is really a one-time PARLIAMENTARY INQUIRY think it should be pointed out that appropriation of seed money of $3 mil- Mr. DE LA GARZA. Mr. Speaker, I Barbara Bush and George Bush are par- lion. There will be much more raised. have a parliamentary inquiry. ticipating in the Texas A&M school Again, it is an educational program The SPEAKER pro tempore (Mr. that honors President Bush, and that that I am proud to support, not only GOODLATTE). The gentleman will state Barbara Bush is still working in lit- for President Bush, but also at a great it. eracy, trying to improve people who university, Texas A&M. Mr. DE LA GARZA. Mr. Speaker, you did not have the opportunity to get a One of the things I heard during some have stated that Chairman GOODLING total education. of the debate in opposition was we had has the right to close on this matter. I just think it would be right to give 760 education programs that the Fed- The gentleman from Michigan [Mr. a strong vote today to George Bush for the things he has done, for Barbara eral Government administers. Let me HOEKSTRA] says that he wants to be talk about some of those 760 that they last, I assume before the gentleman Bush, and as somebody had mentioned, his outstanding family. list. Sixty of those are scientific and from Pennsylvania [Mr. GOODLING]. I would like to encourage my col- medical research programs, including My parliamentary inquiry is, does he leagues. We have done this before. We 48 here at the National Institutes of have a right to that spot? Or can the have done it to Democrats, we have Health. Sometimes some of these sta- gentleman from Texas, Mr. GENE done it to Republicans, and this is not tistics are thrown around up here and GREEN, be the one who speaks next be- whether you are a conservative, a lib- fore the gentleman from Pennsylvania, people may think, oh, we have 760 Pres- eral, or want to balance the budget. I Mr. GOODLING? idential fellow programs. That is not want to challenge my Democratic The SPEAKER pro tempore. The gen- true. friends on this side of the aisle who tleman from Pennsylvania has the Some of these other programs they talked in opposition of saving this $3 right to close. Those who are recog- have, they are mentioning in those 760, million that I have a much more con- nized prior to that are within the dis- include job training programs, include servative voting record than they do on cretion of the Chair. educational programs for Lyme dis- trying to balance the budget. So I cer- Mr. DE LA GARZA. So, therefore, the ease. Let us deal with apples and not tainly hope that we would support this gentleman from Michigan [Mr. compare them to oranges or pineapples legislation. or anything else, and really talk about HOEKSTRA] does not have the right, the The SPEAKER pro tempore. The the effort that we need to make in rec- Chair has the right to recognize? Chair would inquire of the gentleman The SPEAKER pro tempore. The ognizing a great President. from Michigan if he has any other Chair has the right to determine who Mr. Speaker, I have to admit, I did speakers other than himself? not vote for George Bush, but I also will be recognized immediately prior to Mr. HOEKSTRA. Mr. Speaker, I will recognize that he was a President of the right of the gentleman from Penn- be the only speaker. our country, and just like now, we rec- sylvania to close. The SPEAKER pro tempore. It is the ognize the contributions of him, but Mr. DE LA GARZA. I thank the Chair. determination of the Chair that the during his tenure, there was con- The SPEAKER pro tempore. The gen- gentleman from Michigan should have troversy. There were Members on the tleman from Texas, Mr. GENE GREEN, the opportunity to go next to last, be- floor of the House who disagreed with has 1 minute remaining, the gentleman fore the gentleman from Pennsylvania, him, just like now with President Clin- from Pennsylvania, Mr. GOODLING, has and, therefore, the Chair recognizes the ton. 4 minutes remaining, and the gen- gentleman from Texas, Mr. GENE I would hope that once someone tleman from Michigan, Mr. HOEKSTRA, GREEN, to yield the additional 1 minute 1 serves their country like President has 9 ⁄2 minutes remaining. he has remaining. Bush has, we can recognize him with Mr. GOODLING. Mr. Speaker, I yield Mr. GENE GREEN of Texas. Mr. this fellows program in conjunction 1 minute to the gentleman from Texas Speaker, I will use my last minute, I with his presidential library at Texas [Mr. BARTON], the author of the legisla- guess, and talk about the importance A&M. Again, it is a great university, tion. of this bill. and it is a great program to enhance (Mr. BARTON of Texas asked and Again H.R. 3803, the George Bush the ability of young students, students was given permission to revise and ex- School of Government and Public Serv- to learn about their Government tend his remarks.) ice Act, is a one-time appropriation, in through the George Bush School of Mr. BARTON of Texas. Mr. Speaker, the tradition that we have done in Public Service. I want to reinforce all that has been many other examples, including I be- Mr. BARTON of Texas. Mr. Speaker, said in favor of this legislation. Will lieve I was told, in 1978, Senator Hubert will the gentleman yield? Rogers, the great philosopher from Humphrey that I would have supported Mr. GENE GREEN of Texas. I yield Oklahoma, once said that he never met in 1978 to my colleagues who are here to the gentleman from Texas. a man that he did not like. I think we from Minnesota who opposed it. Mr. BARTON of Texas. Very briefly, could say about President Bush that The documentation that has been I want to reinforce what the gentleman there was never a man or woman that used, again, the 760 educational pro- said, Mr. Speaker. This $3 million one- met the former President that did not grams, are just ludicrous, to talk about time grant will help start the perma- like him. He is truly one of the most compare this with those. Some of those nently endowed scholarship fund. decent human beings that has ever include the educational programs, Texas A&M is going to raise privately been in public service for this country. American Printing House for the Blind. $25 million to permanently endow this Texas A&M and its private bene- That is just ludicrous to have that used scholarship fund. factors have raised, or are attempting in opposition. to raise, over $125 million to build, con- This is a great example of honoring a b 1645 struct, or operate the Bush Library and former President and also a great insti- But this $3 million will be the first of the George Bush School of Public Serv- tution in Texas A&M, and I would hope the funds for the first class of fellows ice. The funds that we are offering we would have a resounding number of that are going to begin next year. Of today to help in that effort are maybe ‘‘aye’’ votes for H.R. 3803. the $3 million, less than $100,000 will be not something that we absolutely have Mr. HOEKSTRA. Mr. Speaker, I yield used over the life of the program for to do, but sometimes I think this Con- myself such time as I may consume. I administrative expenses. Over $2.9 mil- gress should do things that we should have just a couple of points in closing. lion will go to fund as many as 200 do. We should do this to honor a great We might have had a slightly dif- scholarships. So this is truly, as the former Member of the House, a great ferent debate today if we had had the H10470 CONGRESSIONAL RECORD — HOUSE September 17, 1996 opportunity to take this bill through ery tribute in relationship to a monu- The SPEAKER pro tempore. Pursu- the committee process so we could ment or something of that nature. ant to clause 5 of rule I and the Chair’s have discussed it either at the sub- I would call on my colleagues to prior announcement, further proceed- committee or at the full committee think strictly in terms of what is the ings on this motion will be postponed. level. This bill has not gone through best way to honor George and Barbara f that process. Bush, because they are going to be hon- The second thing that I would just ored. There is no question about it. So REPORT ON RESOLUTION WAIVING like to say, in listening to the debate I let us do it with a living monument, POINTS OF ORDER AGAINST CON- have heard the comment, It is only $3 with a one-time authorization only FERENCE REPORT ON H.R. 3675, million; $3 million is a lot of money. from the Treasury of the United States DEPARTMENT OF TRANSPOR- We also have to take a look, and I in an appropriation. TATION AND RELATED AGEN- think rethink some of the myths here Mr. PORTMAN. Mr. Speaker, I rise today to CIES APPROPRIATIONS ACT, 1997 in Washington. Is the granting of express my strong support for H.R. 3803, The Ms. GREENE of Utah, from the Com- money, is the spending of more money, George Bush School of Government and Pub- mittee on Rules, submitted a privi- is spending money and creating an- lic Service Act. As former staff member in the leged report (Rept. No. 104–803) on the other program, and spending money Bush White House, I had the true honor of resolution (H. Res. 522) waiving points that we do not have, is that the highest learning first-hand the values and principles of of order against the conference report tribute and the only tribute that we public service life that President Bush exempli- to accompany the bill (H.R. 3675) mak- can pay to Members or people who have fied. He taught that honor, integrity and re- ing appropriations for the Department given in government service? sponsibility are the most important code of of Transportation and related agencies That is the myth in Washington. Any conduct for a public official, and he also taught for the fiscal year ending September 30, time we see a problem or we see the the importance of public officials teaching 1997, and for other purposes, which was need to recognize somebody, it is time those values to others. Now, through this leg- referred to the House Calendar and or- to spend more money. I think there are islation, Congress can help to instill these val- dered to be printed. other ways to do that. ues in the new generation of leaders. f I think Texas A&M is setting a great As a former President, Vice President, Am- example by how they have moved for- bassador, Party Chairman, CIA Director, and SPACE COMMERCIALIZATION ward with this program without any Member of Congress, George Bush saw many PROMOTION ACT OF 1996 help from Washington. I do not think different sides of public service during his long Mr. WALKER. Mr. Speaker, I move at this point in time they need that ad- and distinguished career. By creating the to suspend the rule and pass the bill ditional help. George H.W. Bush Fellowship Program today, (H.R. 3936) to encourage the develop- The greatest tribute perhaps to we pass that experience on to future lead- ment of a commercial space industry George Bush at this time is to dem- ersÐand provide young scholars with access in the United States, and for other pur- onstrate that the school can start in a to programs that develop the leadership skills poses, as amended. different way and that his fellowships they will need to guide this Nation in the next The Clerk read as follows: would be provided and funded through century. In addition to learning directly from H.R. 3936 the private sector and not here from President and Mrs. Bush, Fellows will have Washington. Be it enacted by the Senate and House of Rep- the chance to learn from distinguished world resentatives of the United States of America in Mr. Speaker, I yield back the balance leaders such as Margaret Thatcher and Brian Congress assembled, of my time. MulroneyÐwho have both agreed to partici- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mr. GOODLING. Mr. Speaker, I yield pate in the program. Their experience, knowl- (a) SHORT TITLE.—This Act may be cited as myself the balance of my time. edge and wisdom will be a tremendous gift for the ‘‘Space Commercialization Promotion Mr. Speaker, I have a feeling that in our future generations. Act of 1996’’. some cases there is a little preelection I know there are some who are concerned (b) TABLE OF CONTENTS.— rhetoric going on on the floor of the about the $3 million authorization provided by Sec. 1. Short title; table of contents. House today. I say that because we this billÐand that is a legitimate concern that Sec. 2. Definitions. have two choices. We have this choice, President Bush himself would have raised in TITLE I—PROMOTION OF COMMERCIAL of providing a living monument, some- his days as a Member. But we have to re- SPACE OPPORTUNITIES thing that is going to benefit the liv- member that this is ``seed money'' that will Sec. 101. Commercialization of space sta- ing, and at a 1-year expense only. It did lead to many millions more being spent by the tion. not go through the committee process, private sector and the State of Texas to pro- Sec. 102. Commercial space launch amend- but it went through careful scrutiny by mote this worthy project. This is an authoriza- ments. the chairman of the committee, and tion for a one-time appropriation to ensure that Sec. 103. Exceptions to employment restric- tions. because of the manager’s amendment, this program gets up and running for the first it is a 1-year authorization. As I indi- Sec. 104. Launch voucher demonstration year. I would also note that it is very much in program. cated, it is a living monument. line with what we have done to honor other Sec. 105. Promotion of United States Global The second choice that we have, of former Presidents, and that private funds will Positioning System standards. course, which will happen, there is no be used to endow the program in future years. Sec. 106. Acquisition of space science data. question, you can talk about it now but It is, as Mr. GOODLING noted, a living monu- TITLE II—REMOTE SENSING when the election is over, it will hap- ment that will benefit future generations of Sec. 201. Land Remote Sensing Policy Act of pen. We can have some expensive American leaders. 1992 amendments. monument sitting out there somewhere I know that I would not be here in this Sec. 202. Acquisition of earth remote sensing that will cost the taxpayer a fortune Chamber today if it were not for the tremen- data. from now until the end of time, or we dous learning opportunity that George Bush TITLE III—FEDERAL ACQUISITION OF can have some park development that gave me. Let's do a little to ensure that same SPACE TRANSPORTATION SERVICES will cost a great deal of money, or we opportunity for so many young people. I urge Sec. 301. Requirement to procure commer- can have this living monument to two my colleagues on both sides of the aisle to cial space transportation serv- wonderful people who are going to par- support this measure. ices. ticipate and give to the young people of The SPEAKER pro tempore. The Sec. 302. Acquisition of space transportation this country a great deal for many question is on the motion offered by services. years to come. the gentleman from Pennsylvania [Mr. Sec. 303. Launch Services Purchase Act of So if I have my choice, and anybody 1990 amendments. GOODLING] that the House suspend the Sec. 304. Use of excess intercontinental bal- who really sits down and analyzes the rules and pass the bill, H.R. 3803, as listic missiles. choices, the choice certainly should be amended. SEC. 2. DEFINITIONS. to have a living monument that will The question was taken. For purposes of this Act— benefit people and that will be honor- Mr. HOEKSTRA. Mr. Speaker, on (1) the term ‘‘Administrator’’ means the ing someone who wants to be honored that I demand the yeas and nays. Administrator of the National Aeronautics in that manner rather than some flow- The yeas and nays were ordered. and Space Administration; September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10471 (2) the term ‘‘commercial provider’’ means tive markets create the most efficient condi- (i) by redesignating subparagraphs (A) and any person providing space transportation tions for promoting economic development, (B) as subparagraphs (B) and (C), respec- services or other space-related activities, and should therefore govern the economic tively; and primary control of which is held by persons development of Earth orbital space. The Con- (ii) by inserting before subparagraph (B), other than Federal, State, local, and foreign gress further declares that free market prin- as so redesignated by clause (i) of this sub- governments; ciples should be used in operating and adding paragraph, the following new subparagraph: (3) the term ‘‘payload’’ means anything capabilities to the Space Station whenever ‘‘(A) activities directly related to the prep- that a person undertakes to transport to, possible. aration of a launch site or payload facility from, or within outer space, or in suborbital (b) REPORT.—The Administrator shall de- for one or more launches;’’; trajectory, by means of a space transpor- liver to the Congress, within 60 days after (C) by inserting ‘‘or reentry vehicle’’ after tation vehicle, but does not include the space the date of the enactment of this Act, a mar- ‘‘means of a launch vehicle’’ in paragraph (8); transportation vehicle itself except for its ket study that examines the role of commer- (D) by redesignating paragraphs (10) components which are specifically designed cial ventures which could supply, use, serv- through (12) as paragraphs (14) through (16), or adapted for that payload; ice, or augment the International Space Sta- respectively; (4) the term ‘‘space-related activities’’ in- tion, the specific policies and initiatives the (E) by inserting after paragraph (9) the fol- cludes research and development, manufac- Administrator is advancing to encourage lowing new paragraphs: turing, processing, service, and other associ- these commercial opportunities, the cost ‘‘(10) ‘reenter’ and ‘reentry’ mean to return ated and support activities; savings to be realized by the international or attempt to return, purposefully, a reentry (5) the term ‘‘space transportation serv- partnership from applying commercial ap- vehicle and its payload, if any, from Earth ices’’ means the preparation of a space trans- proaches to cost-shared operations, and the orbit or from outer space to Earth. portation vehicle and its payloads for trans- cost reimbursements to the United States ‘‘(11) ‘reentry services’ means— Government from commercial users of the portation to, from, or within outer space, or ‘‘(A) activities involved in the preparation Space Station. in suborbital trajectory, and the conduct of of a reentry vehicle and its payload, if any, transporting a payload to, from, or within SEC. 102. COMMERCIAL SPACE LAUNCH AMEND- for reentry; and MENTS. outer space, or in suborbital trajectory; ‘‘(B) the conduct of a reentry. (a) AMENDMENTS.—Chapter 701 of title 49, (6) the term ‘‘space transportation vehicle’’ ‘‘(12) ‘reentry site’ means the location on means any vehicle constructed for the pur- United States Code, is amended— (1) in the table of sections— Earth to which a reentry vehicle is intended pose of operating in, or transporting a pay- to return (as defined in a license the Sec- load to, from, or within, outer space, or in (A) by amending the item relating to sec- tion 70104 to read as follows: retary issues or transfers under this chap- suborbital trajectory, and includes any com- ter). ‘‘70104. Restrictions on launches, operations, ponent of such vehicle not specifically de- ‘‘(13) ‘reentry vehicle’ means a vehicle de- and reentries.’’; signed or adapted for a payload; signed to return from Earth orbit or outer (B) by amending the item relating to sec- (7) the term ‘‘State’’ means each of the space to Earth, or a reusable launch vehicle tion 70108 to read as follows: several States of the Union, the District of designed to return from outer space to Columbia, the Commonwealth of Puerto ‘‘70108. Prohibition, suspension, and end of Earth, substantially intact.’’; and Rico, the Virgin Islands, Guam, American launches, operation of launch (F) by inserting ‘‘or reentry services’’ after Samoa, the Commonwealth of the Northern sites and reentry sites, and re- ‘‘launch services’’ each place it appears in Mariana Islands, and any other common- entries.’’; paragraph (15), as so redesignated by sub- wealth, territory, or possession of the United (C) by amending the item relating to sec- paragraph (D) of this paragraph; States; and tion 70109 to read as follows: (4) in section 70103— (8) the term ‘‘United States commercial ‘‘70109. Preemption of scheduled launches or (A) by striking ‘‘The Secretary’’ in sub- provider’’ means a commercial provider, or- reentries.’’; section (a) and inserting in lieu thereof ‘‘Ex- ganized under the laws of the United States and cept as provided in section 70122, the Sec- or of a State, which is— (D) by adding at the end the following new retary’’; and (A) more than 50 percent owned by United items: (B) in subsection (b)— States nationals; or ‘‘70120. Regulations. (i) by inserting ‘‘AND REENTRIES AND STATE (B) a subsidiary of a foreign company and ‘‘70121. Report to Congress.’’. SPONSORED SPACEPORTS’’ after ‘‘LAUNCHES’’ the Secretary of Transportation finds that— (2) in section 70101— in the subsection heading; (i) such subsidiary has in the past evi- (A) by inserting ‘‘microgravity research,’’ (ii) by striking ‘‘by the private sector’’ in denced a substantial commitment to the after ‘‘information services,’’ in subsection paragraph (1) and inserting in lieu thereof United States market through— (a)(3); ‘‘and reentries by the private sector and (I) investments in the United States in (B) by inserting ‘‘, reentry,’’ after ‘‘launch- State sponsored spaceports’’ after ‘‘space long-term research, development, and manu- ing’’ both places it appears in subsection launches’’; and facturing (including the manufacture of (a)(4); (iii) by inserting ‘‘and reentry’’ after major components and subassemblies); and (C) by inserting ‘‘, reentry vehicles,’’ after ‘‘space launch’’ in paragraph (2); (II) significant contributions to employ- ‘‘launch vehicles’’ in subsection (a)(5); (5) in section 70104— ment in the United States; and (D) by inserting ‘‘and reentry services’’ (A) by amending the section designation (ii) the country or countries in which such after ‘‘launch services’’ in subsection (a)(6); and heading to read as follows: foreign company is incorporated or orga- (E) by inserting ‘‘, reentries,’’ after nized, and, if appropriate, in which it prin- ‘‘launches’’ both places it appears in sub- ‘‘§ 70104. Restrictions on launches, oper- cipally conducts its business, affords recip- section (a)(7); ations, and reentries’’; rocal treatment to companies described in (F) by inserting ‘‘, reentry sites,’’ after (B) by inserting ‘‘or reentry site, or to re- subparagraph (A) comparable to that af- ‘‘launch sites’’ in subsection (a)(8); enter a reentry vehicle,’’ after ‘‘operate a forded to such foreign company’s subsidiary (G) by inserting ‘‘and reentry services’’ launch site’’ each place it appears in sub- in the United States, as evidenced by— after ‘‘launch services’’ in subsection (a)(8); section (a); (I) providing comparable opportunities for (H) by inserting ‘‘reentry sites,’’ after (C) by inserting ‘‘or reentry’’ after ‘‘launch companies described in subparagraph (A) to ‘‘launch sites,’’ in subsection (a)(9); or operation’’ in subsection (a)(3) and (4); participate in Government sponsored re- (I) by inserting ‘‘and reentry site’’ after (D) in subsection (b)— search and development similar to that au- ‘‘launch site’’ in subsection (a)(9); (i) by striking ‘‘launch license’’ and insert- thorized under this Act; (J) by inserting ‘‘, reentry vehicles,’’ after ing in lieu thereof ‘‘license’’; (II) providing no barriers to companies de- ‘‘launch vehicles’’ in subsection (b)(2); (ii) by inserting ‘‘or reenter’’ after ‘‘may scribed in subparagraph (A) with respect to (K) by striking ‘‘launch’’ in subsection launch’’; and local investment opportunities that are not (b)(2)(A); (iii) by inserting ‘‘or reentering’’ after ‘‘re- provided to foreign companies in the United (L) by inserting ‘‘and reentry’’ after ‘‘con- lated to launching’’; and States; and duct of commercial launch’’ in subsection (E) in subsection (c)— (III) providing adequate and effective pro- (b)(3); (i) by amending the subsection heading to tection for the intellectual property rights of (M) by striking ‘‘launch’’ after ‘‘and trans- read as follows: ‘‘PREVENTING LAUNCHES AND companies described in subparagraph (A). fer commercial’’ in subsection (b)(3); and REENTRIES.—’’; TITLE I—PROMOTION OF COMMERCIAL (N) by inserting ‘‘and development of re- (ii) by inserting ‘‘or reentry’’ after ‘‘pre- SPACE OPPORTUNITIES entry sites,’’ after ‘‘launch-site support fa- vent the launch’’; and SEC. 101. COMMERCIALIZATION OF SPACE STA- cilities,’’ in subsection (b)(4); (iii) by inserting ‘‘or reentry’’ after ‘‘de- TION. (3) in section 70102— cides the launch’’; (a) POLICY.—The Congress declares that a (A) by striking ‘‘and any payload’’ and in- (6) in section 70105— priority goal of constructing the Inter- serting in lieu thereof ‘‘or reentry vehicle (A) by inserting ‘‘(1)’’ before ‘‘A person national Space Station is the economic de- and any payload from Earth’’ in paragraph may apply’’ in subsection (a); velopment of Earth orbital space. The Con- (3); (B) by striking ‘‘receiving an application’’ gress further declares that free and competi- (B) in paragraph (5)— both places it appears in subsection (a) and H10472 CONGRESSIONAL RECORD — HOUSE September 17, 1996 inserting in lieu thereof ‘‘accepting an appli- (B) by inserting ‘‘or reentry site, or re- (D) in subsection (g)— cation in accordance with criteria estab- entry of a reentry vehicle,’’ after ‘‘operation (i) by striking ‘‘operation of a launch vehi- lished pursuant to subsection (b)(2)(D)’’; of a launch site’’ in subsection (a)(3)(B); cle or launch site,’’ in paragraph (1) and in- (C) by inserting at the end of subsection (a) (11) in section 70111— serting in lieu thereof ‘‘reentry, operation of the following: ‘‘The Secretary shall submit (A) by inserting ‘‘or reentry’’ after a launch vehicle or reentry vehicle, oper- to the Committee on Science of the House of ‘‘launch’’ in subsection (a)(1)(A); ation of a launch site or reentry site,’’; and Representatives and the Committee on Com- (B) by inserting ‘‘and reentry services’’ (ii) by inserting ‘‘reentry,’’ after ‘‘launch,’’ merce, Science, and Transportation of the after ‘‘launch services’’ in subsection in paragraph (2); and Senate a written notice not later than 7 days (a)(1)(B); (16) by adding at the end the following new after any occurrence when a license is not is- (C) in subsection (a)(1), by inserting after sections: sued within the deadline established by this subparagraph (B) the following: ‘‘§ 70120. Regulations subsection.’’; ‘‘The Secretary shall coordinate the estab- ‘‘The Secretary of Transportation, within 6 (D) by adding at the end of subsection (a) lishment of criteria and procedures for deter- months after the date of the enactment of the following new paragraph: mining the priority of competing requests this section, shall issue regulations to carry ‘‘(2) In carrying out paragraph (1), the Sec- from the private sector and State govern- retary may establish procedures for certifi- out this chapter that include— ments for property and services under this ‘‘(1) guidelines for industry to obtain suffi- cation of the safety of launch vehicles, re- section.’’; entry vehicles, safety systems, procedures, cient insurance coverage for potential dam- (D) by inserting ‘‘or reentry services’’ after ages to third parties; services, or personnel that may be used in ‘‘or launch services’’ in subsection (a)(2); conducting licensed commercial space ‘‘(2) procedures for requesting and obtain- (E) by inserting ‘‘or reentry’’ after ‘‘com- ing licenses to operate a commercial launch launch or reentry activities.’’; mercial launch’’ both places it appears in vehicle or reentry vehicle; (E) by inserting ‘‘or a reentry site, or the subsection (b)(1); ‘‘(3) procedures for requesting and obtain- reentry of a reentry vehicle,’’ after ‘‘oper- (F) by inserting ‘‘or reentry services’’ after ing operator licenses for launch or reentry; ation of a launch site’’ in subsection (b)(1); ‘‘launch services’’ in subsection (b)(2)(C); ‘‘(4) procedures for requesting and obtain- (F) by striking ‘‘or operation’’ and insert- (G) by inserting after subsection (b)(2) the ing launch site or reentry site operator li- ing in lieu thereof ‘‘, operation, or reentry’’ following new paragraph: in subsection (b)(2)(A); ‘‘(3) The Secretary shall ensure the estab- censes; and (G) by striking ‘‘and’’ at the end of sub- lishment of uniform guidelines for, and con- ‘‘(5) procedures for the application of gov- section (b)(2)(B); sistent implementation of, this section by ernment indemnification. (H) by striking the period at the end of all Federal agencies.’’; ‘‘§ 70121. Report to Congress subsection (b)(2)(C) and inserting in lieu (H) by striking ‘‘or its payload for launch’’ ‘‘The Secretary of Transportation shall thereof ‘‘; and’’; in subsection (d) and inserting in lieu thereof submit to Congress an annual report to ac- (I) by adding at the end of subsection (b)(2) ‘‘or reentry vehicle, or the payload of either, company the President’s budget request the following new subparagraph: for launch or reentry’’; and that— ‘‘(D) regulations establishing criteria for (I) by inserting ‘‘, reentry vehicle,’’ after ‘‘(1) describes all activities undertaken accepting or rejecting an application for a li- ‘‘manufacturer of the launch vehicle’’ in sub- under this chapter, including a description of cense under this chapter within 60 days after section (d); the process for the application for and ap- receipt of such application.’’; and (12) in section 70112— proval of licenses under this chapter and rec- (J) by inserting ‘‘, including the require- (A) in subsection (a)(1), by inserting ommendations for legislation that may fur- ment to obtain a license,’’ after ‘‘waive a re- ‘‘launch, reentry, or site operator’’ after ‘‘(1) ther commercial launches and reentries; and quirement’’ in subsection (b)(3); When a’’; ‘‘(2) reviews the performance of the regu- (7) in section 70106(a)— (B) by inserting ‘‘or reentry’’ after ‘‘one latory activities and the effectiveness of the (A) by inserting ‘‘or reentry site’’ after launch’’ in subsection (a)(3); Office of Commercial Space Transpor- ‘‘observer at a launch site’’; (C) by inserting ‘‘or reentry services’’ after tation.’’. (B) by inserting ‘‘or reentry vehicle’’ after ‘‘launch services’’ in subsection (a)(4); (b) EFFECTIVE DATE.—The amendments ‘‘assemble a launch vehicle’’; and (D) in subsection (b)(1), by inserting made by subsection (a)(6)(B) shall take effect (C) by inserting ‘‘or reentry vehicle’’ after ‘‘launch, reentry, or site operator’’ after ‘‘(1) upon the effective date of final regulations ‘‘with a launch vehicle’’; A’’; issued pursuant to section 70105(b)(2)(D) of (8) in section 70108— (E) by inserting ‘‘or reentry services’’ after title 49, United States Code, as added by sub- (A) by amending the section designation ‘‘launch services’’ each place it appears in section (a)(6)(I). and heading to read as follows: subsection (b); SEC. 103. EXCEPTIONS TO EMPLOYMENT RE- ‘‘§ 70108. Prohibition, suspension, and end of (F) by inserting ‘‘applicable’’ after ‘‘car- STRICTIONS. launches, operation of launch sites and re- ried out under the’’ in paragraphs (1) and (2) (a) INAPPLICABILITY OF CERTAIN POST-EM- entry sites, and reentries’’; of subsection (b); PLOYMENT RESTRICTIONS.—Subsections (a) and (G) by striking ‘‘, Space, and Technology’’ and (c) of section 207 of title 18, United (B) in subsection (a)— in subsection (d)(1); States Code, and section 27(d) of the Office of (i) by inserting ‘‘or reentry site, or reentry (H) by inserting ‘‘OR REENTRIES’’ after Federal Procurement Policy Act (41 U.S.C. of a reentry vehicle,’’ after ‘‘operation of a ‘‘LAUNCHES’’ in the heading for subsection 423(d)) shall not apply to employees or launch site’’; and (e); former employees of the National Aero- (ii) by inserting ‘‘or reentry’’ after ‘‘launch (I) by inserting ‘‘or reentry site or a re- nautics and Space Administration seeking or operation’’; entry’’ after ‘‘launch site’’ in subsection (e); employment with an entity that is awarded (9) in section 70109— and the Space Flight Operations Contract for the (A) by amending the section designation (J) in subsection (f), by inserting ‘‘launch, Space Shuttle. (b) EXCEPTION.—Subsection (a) shall not and heading to read as follows: reentry, or site operator’’ after ‘‘carried out under a’’; apply to an employee or former employee ‘‘§ 70109. Preemption of scheduled launches (13) in section 70113(a)(1) and (d)(1) and (2), who, while employed with the National Aero- or reentries’’; by inserting ‘‘or reentry’’ after ‘‘one launch’’ nautics and Space Administration— (B) in subsection (a)— each place it appears; (1) served, at the time of selection of the (i) by inserting ‘‘or reentry’’ after ‘‘ensure (14) in section 70115(b)(1)(D)(i)— contractor for the contract referred to in that a launch’’; (A) by inserting ‘‘reentry site,’’ after subsection (a) or the award of such contract, (ii) by inserting ‘‘, reentry site,’’ after ‘‘launch site,’’; and as the procuring contracting officer, the ‘‘United States Government launch site’’; (B) by inserting ‘‘or reentry vehicle’’ after source selection authority, a member of the (iii) by inserting ‘‘or reentry date commit- ‘‘launch vehicle’’ both places it appears; source selection evaluation board, or the ment’’ after ‘‘launch date commitment’’; (15) in section 70117— chief of a financial or technical evaluation (iv) by inserting ‘‘or reentry’’ after ‘‘ob- (A) by inserting ‘‘or reentry site, or to re- team; tained for a launch’’; enter a reentry vehicle’’ after ‘‘operate a (2) served as the program manager, deputy (v) by inserting ‘‘, reentry site,’’ after ‘‘ac- launch site’’ in subsection (a); program manager, or administrative con- cess to a launch site’’; (B) by inserting ‘‘or reentry’’ after ‘‘ap- tracting officer for the contract; or (vi) by inserting ‘‘, or services related to a proval of a space launch’’ in subsection (d); (3) personally made for the National Aero- reentry,’’ after ‘‘amount for launch serv- (C) by amending subsection (f) to read as nautics and Space Administration a decision ices’’; and follows: to award the contract or a modification of (vii) by inserting ‘‘or reentry’’ after ‘‘the ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT the contract. scheduled launch’’; and AN IMPORT.—A launch vehicle, reentry vehi- SEC. 104. LAUNCH VOUCHER DEMONSTRATION (C) in subsection (c), by inserting ‘‘or re- cle, or payload that is launched or reentered PROGRAM. entry’’ after ‘‘prompt launching’’; is not, because of the launch or reentry, an Section 504 of the National Aeronautics (10) in section 70110— export or import, respectively, for purposes and Space Administration Authorization (A) by inserting ‘‘or reentry’’ after ‘‘pre- of a law controlling exports or imports.’’; Act, Fiscal Year 1993 (15 U.S.C. 5803) is vent the launch’’ in subsection (a)(2); and and amended— September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10473 (1) in subsection (a)— (C) in paragraph (11), as so redesignated by ditions, including the provision of such data (A) by striking ‘‘the Office of Commercial subparagraph (B) of this paragraph, by strik- in a timely manner’’; Programs within’’; and ing ‘‘determining the design’’ and all that (C) in subsection (b)(6), by striking ‘‘any (B) by striking ‘‘Such program shall not be follows through ‘‘international consortium’’ agreement’’ and inserting in lieu thereof effective after September 30, 1995.’’; and inserting in lieu thereof ‘‘ensuring the ‘‘any significant or substantial agreement (2) by striking subsection (c); and continuity of Landsat quality data’’; relating to land remote sensing’’; and (3) by redesignating subsections (d) and (e) (2) in section 101 (15 U.S.C. 5611)— (D) by inserting after paragraph (6) of sub- as subsections (c) and (d), respectively. (A) by inserting the following after sub- section (b) the following: SEC. 105. PROMOTION OF UNITED STATES GLOB- section (b)(4): ‘‘The Secretary may not terminate, modify, AL POSITIONING SYSTEM STAND- ‘‘The Director of the Office of Science and or suspend a license issued pursuant to this ARDS. Technology Policy shall, no later than 60 title on the basis of an agreement the Sec- (a) FINDING.—The Congress finds that the days after the date of the enactment of the retary receives notification of under para- Global Positioning System, including sat- Space Commercialization Promotion Act of graph (6) unless the Secretary has, within 30 ellites, signal equipment, ground stations, 1996, transmit the management plan to the days after receipt of such notification, trans- data links, and associated command and con- Committee on Science of the House of Rep- mitted to the licensee a statement that such trol facilities, has become an essential ele- resentatives and the Committee on Com- agreement is inconsistent with the national ment in civil, scientific, and military space merce, Science, and Transportation of the security or international obligations of the development because of the emergence of a Senate.’’; United States, including an explanation of United States commercial industry which (B) in subsection (c)— such inconsistency.’’; provides Global Positioning System equip- (i) by inserting ‘‘and’’ at the end of para- (5) in section 203 (15 U.S.C. 5623)— ment and related services. graph (6); (A) in subsection (a)(2), by striking ‘‘under (b) INTERNATIONAL COOPERATION.—The Con- (ii) by striking paragraph (7); and this title and’’ and inserting in lieu thereof gress therefore encourages the President to— (iii) by redesignating paragraph (8) as para- ‘‘under this title or’’; (1) undertake a coordinated effort within graph (7); and (B) in subsection (a)(3), by striking ‘‘pro- the executive branch to promote cooperation (C) in subsection (e)(1)— vide penalties’’ and inserting in lieu thereof with foreign governments and international (i) by inserting ‘‘and’’ at the end of sub- ‘‘seek, in a United States District Court with organizations to advance United States in- paragraph (A); personal jurisdiction over the licensee, pen- terests with respect to the Global Position- (ii) by striking ‘‘, and’’ at the end of sub- alties’’; and ing System standards and augmentations; paragraph (B) and inserting in lieu thereof a (C) in subsection (b), by striking ‘‘(a)(3),’’; and period; and (6) in section 204 (15 U.S.C. 5624), by strik- (2) ensure the operation of the Global Posi- (iii) by striking subparagraph (C); ing ‘‘may’’ and inserting in lieu thereof tioning System on a continuous worldwide (3) in section 201 (15 U.S.C. 5621)— ‘‘shall’’; basis free of direct user fees. (A) by inserting ‘‘(1)’’ after ‘‘NATIONAL SE- (7) in section 205(c) (15 U.S.C. 5625(c)), by SEC. 106. ACQUISITION OF SPACE SCIENCE DATA. CURITY.—’’ in subsection (b); striking ‘‘if such remote sensing space sys- (a) ACQUISITION FROM PRIVATE SECTOR.— (B) in subsection (b)(1), as so designated by tem is licensed by the Secretary before com- The Administrator shall, to the maximum subparagraph (A) of this paragraph, by strik- mencing operation’’ and inserting in lieu extent possible and while fully satisfying the ing ‘‘No license’’ and inserting in lieu thereof thereof ‘‘if such private remote sensing space scientific requirements of the National Aero- ‘‘Except as provided in paragraph (3), no li- system will be licensed by the Secretary be- nautics and Space Administration, acquire, cense’’; fore commencing its commercial operation’’; where cost effective, space science data from (C) by adding at the end of subsection (b) (8) by adding at the end of title II the fol- the private sector. the following new paragraphs: lowing new section: (b) TREATMENT OF SPACE SCIENCE DATA AS ‘‘(2) The Secretary, within 6 months after ‘‘SEC. 206. NOTIFICATION. COMMERCIAL ITEM UNDER ACQUISITION the date of the enactment of the Space Com- ‘‘(a) LIMITATIONS ON LICENSEE.—Not later LAWS.—Acquisitions of space science data by mercialization Promotion Act of 1996, shall than 30 days after a determination by the the Administrator shall be carried out in ac- publish in the Federal Register a complete Secretary to require a licensee to limit col- cordance with applicable acquisition laws and specific list of all information required lection or distribution of data from a system and regulations (including chapters 137 and to comprise a complete application for a li- licensed under this title, the Secretary shall 140 of title 10, United States Code), except cense under this title. An application shall provide written notification to Congress of that space science data shall be considered be considered complete when the applicant such determination, including the reasons to be a commercial item for purposes of such has provided all information required by the therefor, the limitations imposed on the li- laws and regulations (including section 2306a list most recently published in the Federal censee, and the period during which such of title 10, United States Code (relating to Register before the date the application was limitations apply. cost or pricing data), section 2320 of such first submitted. Unless the Secretary has, ‘‘(b) TERMINATION, MODIFICATION, OR SUS- title (relating to rights in technical data) within 30 days after receipt of an applica- PENSION.—Not later than 30 days after an ac- and section 2321 of such title (relating to val- tion, notified the applicant of information tion by the Secretary to seek an order of in- idation of proprietary data restrictions)). necessary to complete an application, the junction or other judicial determination pur- (c) DEFINITION.—For purposes of this sec- Secretary may not deny the application on suant to section 203(a)(2), the Secretary shall tion, the term ‘‘space science data’’ includes the basis of the absence of any such informa- provide written notification to Congress of scientific data concerning the elemental and tion. such action and the reasons therefor.’’; mineralogical resources of the moon and the ‘‘(3) The Secretary shall grant a license (9) in section 301 (15 U.S.C. 5631)— planets, Earth environmental data obtained under this title to any United States com- (A) by inserting ‘‘, that are not being com- through remote sensing observations, and mercial provider (as such term is defined in mercially developed’’ after ‘‘and its environ- solar storm monitoring. section 2 of the Space Commercialization ment’’ in subsection (a)(2)(B); and (d) SAFETY STANDARDS.—Nothing in this Promotion Act of 1996) whose application is (B) by adding at the end the following new section shall be construed to prohibit the in full compliance with the requirements of subsection: Federal Government from requiring compli- this title.’’; ‘‘(d) DUPLICATION OF COMMERCIAL SECTOR ance with applicable safety standards. (D) in subsection (c), by amending the sec- ACTIVITIES.—The Federal Government shall (e) LIMITATION.—This section does not au- ond sentence thereof to read as follows: ‘‘If not undertake activities under this section thorize the National Aeronautics and Space the Secretary has not granted the license which duplicate activities available from the Administration to provide financial assist- within such 120-day period, the Secretary commercial sector, unless such activities ance for the development of commercial sys- shall inform the applicant, within such pe- would result in significant cost savings to tems for the collection of space science data. riod, of any pending issues and actions re- the Federal Government.’’; TITLE II—REMOTE SENSING quired to be carried out by the applicant or (10) in section 302 (15 U.S.C. 5632)— SEC. 201. LAND REMOTE SENSING POLICY ACT OF the Secretary in order to result in the grant- (A) by striking ‘‘(a) GENERAL RULE.—’’; 1992 AMENDMENTS. ing of a license.’’; and (B) by striking ‘‘, including unenhanced The Land Remote Sensing Policy Act of (E) in subsection (e)(2)(B), by striking ‘‘and data gathered under the technology dem- 1992 is amended— the importance of promoting widespread ac- onstration program carried out pursuant to (1) in section 2 (15 U.S.C. 5601)— cess to remote sensing data from United section 303,’’ and inserting in lieu thereof (A) by amending paragraph (5) to read as States and foreign systems’’; ‘‘that is not otherwise available from the follows: (4) in section 202 (15 U.S.C. 5622)— commercial sector’’; and ‘‘(5) Commercialization of land remote (A) by striking ‘‘section 506’’ in subsection (C) by striking subsection (b); sensing is a near-term goal, and should re- (b)(1) and inserting in lieu thereof ‘‘section (11) by repealing section 303 (15 U.S.C. main a long-term goal, of United States pol- 507’’; 5633); icy.’’; (B) in subsection (b)(2), by striking ‘‘as (12) in section 401(b)(3) (15 U.S.C. 5641(b)(3)), (B) by striking paragraph (6) and redesig- soon as such data are available and on rea- by striking ‘‘, including any such enhance- nating paragraphs (7) through (16) as para- sonable terms and conditions’’ and inserting ments developed under the technology dem- graphs (6) through (15), respectively; and in lieu thereof ‘‘on reasonable terms and con- onstration program under section 303,’’; H10474 CONGRESSIONAL RECORD — HOUSE September 17, 1996 (13) in section 501(a) (15 U.S.C. 5651(a)), by no such recommendation has been received (4) The results of the study conducted striking ‘‘section 506’’ and inserting in lieu by the Secretary within such 60-day period, under this subsection shall be transmitted to thereof ‘‘section 507’’; the Secretary shall deem activities proposed the Congress within 9 months after the date (14) in section 502(c)(7) (15 U.S.C. 5652(c)(7)), in the license application to be consistent of the enactment of this Act. by striking ‘‘section 506’’ and inserting in with the international obligations and poli- (d) SAFETY STANDARDS.—Nothing in this lieu thereof ‘‘section 507’’; cies of the United States. section shall be construed to prohibit the (15) in section 506 (15 U.S.C. 5656)— ‘‘(2) Appropriate United States Govern- Federal Government from requiring compli- (A) by inserting ‘‘(1)’’ after ‘‘COMMUNICA- ment agencies are authorized and encour- ance with applicable safety standards. TIONS COMMISSION.—’’ in subsection (a); aged to provide to developing nations, as a TITLE III—FEDERAL ACQUISITION OF (B) by inserting at the end of subsection (a) component of international aid, resources for SPACE TRANSPORTATION SERVICES the following new paragraph: purchasing remote sensing data, training, ‘‘(2) The Federal Communications Commis- and analysis from United States commercial SEC. 301. REQUIREMENT TO PROCURE COMMER- sion, within 6 months after the date of the providers.’’; and CIAL SPACE TRANSPORTATION enactment of the Space Commercialization (C) in subsection (d), by striking ‘‘Sec- SERVICES. Promotion Act of 1996, shall publish in the retary may require’’ and inserting in lieu (a) IN GENERAL.—Except as otherwise pro- Federal Register a complete and specific list thereof ‘‘Secretary shall, where appropriate, vided in this section, the Federal Govern- of all information required to comprise a require’’. ment shall acquire space transportation complete application described in paragraph SEC. 202. ACQUISITION OF EARTH REMOTE SENS- services from the private sector whenever (1). An application shall be considered com- ING DATA. such services are required in the course of its plete when the applicant has provided all in- (a) ACQUISITION FROM PRIVATE SECTOR.— activities. To the maximum extent prac- formation required by the list most recently For purposes of meeting Government goals ticable, the Federal Government shall plan published in the Federal Register before the for Mission to Planet Earth, the Adminis- missions to accommodate the space trans- date the application was first submitted. Un- trator shall, to the maximum extent possible portation services capabilities of United less the Federal Communications Commis- and while fully satisfying the scientific re- States commercial providers. quirements of the National Aeronautics and sion has, within 30 days after receipt of an (b) EXCEPTIONS.—The Federal Government application, notified the applicant of infor- Space Administration, acquire, where cost shall not be required to acquire space trans- mation necessary to complete an applica- effective, space-based and airborne Earth re- portation services under subsection (a) if, on mote sensing data, services, distribution, tion, the Federal Communications Commis- a case-by-case basis, the Administrator or, in and applications from the private sector. sion may not deny the application on the the case of a national security issue, the Sec- (b) TREATMENT AS COMMERCIAL ITEM UNDER basis of the absence of any such informa- retary of the Air Force, determines that— ACQUISITION LAWS.—Acquisitions by the Ad- tion.’’; and ministrator of the data, services, distribu- (1) a payload requires the unique capabili- (C) by adding at the end the following new tion, and applications referred to in sub- ties of the space shuttle; subsection: section (a) shall be carried out in accordance (2) cost effective space transportation serv- ‘‘(e) FEES.—The Federal Communications with applicable acquisition laws and regula- ices that meet specific mission requirements Commission shall ensure that any licensing tions (including chapters 137 and 140 of title would not be reasonably available from Unit- or other fees that a private remote sensing 10, United States Code), except that such ed States commercial providers when re- space system operator subject to the licens- data, services, distribution, and applications quired; ing requirements of title II is required to pay shall be considered to be a commercial item (3) the use of space transportation services such Commission shall be proportional to for purposes of such laws and regulations (in- from United States commercial providers the cost to the Commission of the radio li- cluding section 2306a of title 10, United poses an unacceptable risk of loss of a unique censing process for such person relative to States Code (relating to cost or pricing scientific opportunity; the cost to the Commission of licensing data), section 2320 of such title (relating to (4) the use of space transportation services other entities subject to the fee.’’; and rights in technical data) and section 2321 of from United States commercial providers is (16) in section 507 (15 U.S.C. 5657)— such title (relating to validation of propri- inconsistent with national security objec- (A) by amending subsection (a) to read as etary data restrictions)). tives; follows: (c) STUDY.—(1) The Administrator shall (5) the use of space transportation services ‘‘(a) RESPONSIBILITY OF THE SECRETARY OF conduct a study to determine the extent to from United States commercial providers DEFENSE.—The Secretary shall consult with which the baseline scientific requirements of poses an unacceptable risk to foreign policy the Secretary of Defense on all matters Mission to Planet Earth can be met by the objectives; under this Act affecting national security. private sector, and how the National Aero- (6) it is more cost effective to transport a The Secretary of Defense shall be responsible nautics and Space Administration will meet payload in conjunction with a test or dem- for determining those conditions, consistent such requirements which cannot be met by onstration of a space transportation vehicle with this Act, necessary to meet national se- the private sector. owned by the Federal Government; or curity concerns of the United States, and for (2) The study conducted under this sub- (7) a payload can make use of the available notifying the Secretary promptly of such section shall— cargo space on a Space Shuttle mission as a conditions. Not later than 60 days after re- (A) make recommendations to promote the secondary payload, and such payload is con- ceiving a request from the Secretary, the availability of information from the Na- sistent with the requirements of research, Secretary of Defense shall recommend to the tional Aeronautics and Space Administra- development, demonstration, scientific, com- Secretary any conditions for a license issued tion to the private sector to enable the pri- mercial, and educational programs author- under title II, consistent with this Act, that vate sector to better meet the baseline sci- ized by the Administrator. the Secretary of Defense determines are entific requirements of Mission to Planet (c) DELAYED EFFECT.—Subsection (a) shall needed to protect the national security of Earth; not apply to space transportation services the United States. If no such recommenda- (B) make recommendations to promote the and space transportation vehicles acquired tion has been received by the Secretary dissemination to the private sector of infor- or owned by the Federal Government before within such 60-day period, the Secretary mation on advanced technology research and the date of the enactment of this Act, or shall deem activities proposed in the license development performed by or for the Na- with respect to which a contract for such ac- application to be consistent with the protec- tional Aeronautics and Space Administra- quisition or ownership has been entered into tion of the national security of the United tion; and before such date. States.’’; (C) identify policy, regulatory, and legisla- (B) by striking subsection (b)(1) and (2) and (d) HISTORICAL PURPOSES.—This section tive barriers to the implementation of the shall not be construed to prohibit the Fed- inserting in lieu thereof the following: recommendations made under this sub- ‘‘(b) RESPONSIBILITY OF THE SECRETARY OF eral Government from acquiring, owning, or section. maintaining space transportation vehicles STATE.—(1) The Secretary shall consult with (3) For purposes of carrying out this sub- solely for historical display purposes. the Secretary of State on all matters under section, determination of the baseline sci- this Act affecting international obligations entific requirements of Mission to Planet SEC. 302. ACQUISITION OF SPACE TRANSPOR- of the United States. The Secretary of State Earth shall be carried out by the Goddard TATION SERVICES. shall be responsible for determining those Space Flight Center. The Commercial Re- (a) TREATMENT OF SPACE TRANSPORTATION conditions, consistent with this Act, nec- mote Sensing Program at the Stennis Space SERVICES AS COMMERCIAL ITEM UNDER ACQUI- essary to meet international obligations of Center shall be responsible for identifying SITION LAWS.—Acquisitions of space trans- the United States and for notifying the Sec- private sector data, services, distributions, portation services by the Federal Govern- retary promptly of such conditions. Not and applications that can meet the scientific ment shall be carried out in accordance with later than 60 days after receiving a request requirements of Mission to Planet Earth. applicable acquisition laws and regulations from the Secretary, the Secretary of State The Administrator shall be responsible for (including chapters 137 and 140 of title 10, shall recommend to the Secretary any condi- determining the extent to which the baseline United States Code), except that space trans- tions for a license issued under title II, con- scientific requirements of Mission to Planet portation services shall be considered to be a sistent with this Act, that the Secretary of Earth can be met by the private sector, and commercial item for purposes of such laws State determines are needed to meet inter- shall ensure that the Stennis Space Center and regulations (including section 2306a of national obligations of the United States. If plays a major coordinating role. title 10, United States Code (relating to cost September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10475 or pricing data), section 2320 of such title (re- The Chair recognizes the gentleman mercial laws, some of which have been lating to rights in technical data) and sec- from Pennsylvania [Mr. WALKER]. on the books for years, were not writ- tion 2321 of such title (relating to validation Mr. WALKER. Mr. Speaker, I yield ten to take into account the possibility of proprietary data restrictions)). myself such time as I may consume. of space commerce. (b) SAFETY STANDARDS.—Nothing in this Mr. Speaker, it is with great pleasure section shall be construed to prohibit the Some of the most visionary and cre- Federal Government from requiring compli- that I bring before the House H.R. 3936, ative people I have ever met are in the ance with applicable safety standards. the Space Commercialization Pro- space business. That is why when we SEC. 303. LAUNCH SERVICES PURCHASE ACT OF motion Act of 1996. Commercial space began drafting this legislation we went 1990 AMENDMENTS. activities by U.S. companies generated right to the source. We held a Space The Launch Services Purchase Act of 1990 over $6.2 billion of revenue in 1994 and Business Roundtable and several hear- (42 U.S.C. 2465b et seq.) is amended— $7.5 billion of revenue in 1995. ings, to which we invited industry ex- (1) by striking section 202; This legislation aims to improve the (2) in section 203— perts and representatives from the ex- legal and regulatory conditions that ecutive branch, academia and space ad- (A) by striking paragraphs (1) and (2); and currently handicap the commercial (B) by redesignating paragraphs (3) and (4) vocacy groups. space industry. The present environ- as paragraphs (1) and (2), respectively; We found not a dearth of ideas, but a ment accommodates Federal, civil, and (3) by striking sections 204 and 205; and wealth of enthusiasm from individuals military space programs, not business (4) in section 206— from all over the country who are mak- opportunities. By providing investment (A) by striking ‘‘(a) COMMERCIAL PAYLOADS ing it their life’s work to plumb the op- ON THE PACE HUTTLE incentives and risk reduction measures S S .—’’; and portunities that space-based commerce (B) by striking subsection (b). for investors, H.R. 3936 will encourage presents. They are not looking to us SEC. 304. USE OF EXCESS INTERCONTINENTAL private sector participation in the BALLISTIC MISSILES. space industry. for subsidies, but they are looking to (a) IN GENERAL.—The Federal Government Through this bill we are striving to us to modernize the fundamental shall not— provide the stable business environ- underpinnings of present commercial (1) convert any missile described in sub- law so that their new businesses can section (c) to a space transportation vehicle ment that businesses need to invest their money, build commercial space thrive. configuration or otherwise use any such mis- This bill builds on the foundation we sile to place a payload in space; or businesses, offer new and better serv- (2) transfer ownership of any such missile ices to the American people, and em- laid in earlier legislation. Much re- to another person, ploy more Americans in high-skilled mains to be done beyond this bill, but except as provided in subsection (b). jobs. that will be the challenge of future (b) AUTHORIZED FEDERAL USES.—(1) A mis- Briefly this bill amends the Commer- Congresses. sile described in subsection (c) may be con- cial Space Launch Act to take into ac- In closing, I want to acknowledge the verted for use as a space transportation vehi- count the legal and technical advances cooperation of the Committees on Gov- cle by the Federal Government if— that have occurred since its enact- ernment Reform and Oversight, Com- (A) except as provided in paragraph (2), at ment; gives the Department of Trans- merce, and National Security on the is- least 120 days before such conversion the sues over which we share jurisdiction. I agency seeking to use the missile as a space portation the responsibility and au- transportation vehicle transmits to the Com- thority to license reentry from orbit, am also grateful for the support of my mittee on National Security and the Com- in anticipation of the day when com- committee colleagues, the gentleman mittee on Science of the House of Represent- mercial experiments will be returned from Wisconsin, JIM SENSENBRENNER, atives, and to the Committee on Armed to Earth, and the reusable launch vehi- the gentleman from Texas, RALPH Services and the Committee on Commerce, cle will be in operation; updates the HALL, and the gentleman from Califor- Science, and Transportation of the Senate, a Launch Services Purchase Act of 1990, nia, GEORGE BROWN. report that contains— so that government will act more like Mr. Speaker, I urge the passage of (i) a certification that the use of such mis- a commercial buyer when it places this bill. sile— payloads in space; makes changes to (I) would result in significant cost savings Ms. GREENE of Utah. Mr. Speaker, to the Federal Government when compared the Land Remote Sensing Policy Act of will the gentleman yield? to the cost of acquiring space transportation 1992, updating it to take into account Mr. WALKER. I yield to the gentle- services from United States commercial pro- the experience we have gained over the woman from Utah. viders; and last few years in licensing the opera- Ms. GREENE of Utah. Mr. Speaker, I (II) meets all mission requirements of the tors of remote sensing satellites; elimi- appreciate the gentleman’s yielding to agency, including performance, schedule, nates, in a very narrow situation, some me. and risk requirements; and of the postemployment restrictions It is my understanding that NASA, (ii) comments obtained from United States that could prevent NASA civil servants as part of its research into a com- commercial providers in response to prior with critical skills in space shuttle op- pletely reusable launch vehicle, in de- public notice published in the Commerce erations from transferring to the new Business Daily; veloping the X–33, will be flight testing (B) the use of such missile is consistent single prime contractor; and encour- this over populated areas, or at least with international obligations of the United ages NASA to purchase scientific data proposes to do that over populated States; and about the Earth and solar system from areas, including my State of Utah, and (C) the Secretary of Defense approves of the private sector. that NASA is in the process of review- such conversion. During my years of service on the ing what sort of indemnification would (2) The requirement under paragraph (1)(A) Committee on Science, I have been an be necessary for the private contractor that the report described in that subpara- ardent advocate of space commer- that would be building the X–33. graph must be transmitted at least 120 days cialization and the promise that it before conversion of the missile shall not We have not as yet had any public or holds for a new economic frontier. For congressional hearings regarding such apply if the Secretary of Defense determines all of the wonderful accomplishments that compliance with that requirement indemnification issues or the safety of NASA has achieved in designing and would be inconsistent with meeting imme- such overflights over populated areas. building space transportation vehicles, diate national security requirements. It is my understanding this legislation sending humans to the Moon, and ex- (c) MISSILES REFERRED TO.—The missiles does not have any impact on those referred to in this section are missiles owned ploring our solar system and beyond, questions of indemnification for X–33 by the United States that were formerly this Nation has only begun to realize used by the Department of Defense for na- the potential of doing business in overflight testing, and this is an issue tional defense purposes as intercontinental space. It is not for lack of imagination; that can be raised in the next Congress ballistic missiles and that have been retired there are entrepreneurs who envision after we have had these hearings. from service in compliance with inter- all kinds of space commerce, from on- Is that the gentleman’s understand- national obligations of the United States. orbit power stations to revolutionary ing? The SPEAKER pro tempore. Pursu- pharmaceuticals. Mr. WALKER. Mr. Speaker, reclaim- ant to the rule, the gentleman from ing my time, the gentlewoman is cor- Pennsylvania [Mr. WALKER] and the b 1700 rect with regard to the bill. It contains gentleman from California [Mr. BROWN] It is because it still costs too much no such language with regard to that each will control 20 minutes. to get to space and because our com- issue. H10476 CONGRESSIONAL RECORD — HOUSE September 17, 1996 I would agree with the gentlewoman program has been reduced 60 percent by This bill represents a bipartisan ef- that the issue remains for the next a series of internal and external re- fort to continue Congress’ support for Congress and should be pursued after views. Surely if more commercializa- the development of a robust and grow- appropriate hearings have been held. tion makes sense, that fact would have ing commercial space sector, support Ms. GREENE of Utah. Mr. Speaker, I been uncovered during those studies. that stretches back to the earliest thank the gentleman. The fact is that each of these studies years of the Space Age. Members of the Mr. WALKER. Mr. Speaker, I reserve costs money and staff time. Committee on Science on both sides of the balance of my time. Finally, Mr. Speaker, I want to em- the aisle believe that when it makes Mr. BROWN of California. Mr. Speak- phasize my longstanding view that sense, we can begin to capitalize on our er, I yield such time as he may Federal employees often do as good a past Federal investments in the space consume to the distinguished gen- job or better than their private sector program and look to the private sector tleman from Maryland [Mr. HOYER]. counterparts. I have been to Goddard to play an increasingly important role. Mr. HOYER. Mr. Speaker, I want to many times. I am sure many of my col- That is not to say that a vibrant thank the gentleman for his work on leagues have as well. Each time I am commercial sector obviates the need this committee and thank him for this impressed by the evident dedication for a continuing strong Federal com- opportunity to rise to express concern and competence of its work force, both mitment to space research and devel- about the bill pending before us. the more than 3,000 civil servants and opment. Rather, it is a simple recogni- I have not read, frankly, the final the approximately 8,000 private sector tion that commercial space activities language of the bill, which I under- contractors who work there. offer the potential to make a signifi- stand, however, is far better than the I get frustrated therefore, sometimes, cant contribution to the Nation’s eco- original proposal. Late this morning I with those that believe everything is nomic health and to its international understand a number of changes were done better in the private sector. Time competitiveness. approved that make the bill acceptable and time again that popular rhetoric One need only look at the growth of enough that the chairman and NASA has been proved wrong. the multibillion dollar satellite com- are not opposing it. That is not in any way to diminish munication industry for confirmation However, Mr. Speaker, I cannot let the private sector. Obviously, it is the of the view that private-public invest- this bill pass without expressing my private sector that has made this Na- ments in R&D can deliver significant concern about its potential impact on tion the greatest economy that the benefits down the road. From the first the Mission to Planet Earth Program, world has ever known and provided the limited experiments in communicating which is administered at Goddard highest standard of living for the peo- by satellites that were carried out at Space Flight Center in Maryland. Over ple of this Nation that the world has the dawn of the Space Age almost 40 and over this program has been at- ever known. However, our public sector years ago, we have reached the point at tacked by opponents who fail, I think, employees have also provided, frankly, which communication satellites are an to realize the enormous asset that its the most efficient and effective civil integral part of the world’s tele- data will be to the private sector. service the world has ever known. communications infrastructure. Even I hope that in the rush to pass this Long-term climate forecasting will more exciting developments are on the bill in the closing days of the Congress prove tremendously useful to busi- horizon, enabled by investments made we will not forget the fine work done nesses ranging from agricultural to re- in space R&D. tailing and construction, and as we saw by the Federal workers who manage Yet it was not just technological ad- Mission to Planet Earth or the incred- so vividly in North Carolina, earlier vancements that led to the preeminent ible promise of this important pro- notice of major natural disasters can position that American companies only help in response of the Govern- gram. Mr. BROWN of California. Mr. Speak- have achieved in the rapidly evolving ment and the private sector to provide er, I yield myself such time as I may satellite communication market. It for relief and evacuation. consume and say, in response to the was also the result of wise policy deci- I am disappointed, therefore, that the distinguished gentleman from Mary- sions made by previous Congresses and House Committee on Science included land, I understand fully his concern previous administrations in the 1960’s. more than a $300 million cut in author- about the role that Goddard would play Now, another space-related industry, ization for Mission to Planet Earth. in this whole subject of space commer- commercial remote sensing, seems Today I am disappointed they are cialization. poised for a similar explosion of bringing to the floor a bill that re- I share his very strong support for growth, in part due to policies enacted quires a study of partial privatization the Mission to Planet Earth and the by Congress in the 1980’s and the 1990’s. of this important program. very important role that Goddard plays The legislation that is being consid- NASA already recognizes that the there. I assure him that we have ered today under suspension is rel- private sector may well be able to play worked diligently to make sure that atively modest in scope, but I believe a significant role in Mission to Planet the language would not preclude the that it continues the bipartisan effort Earth. The agency’s fiscal 1997 budget full utilization of Goddard, and we be- to help ensure the health and growth of included $50 million for data acquisi- lieve that the corrections that have the Nation’s emerging commercial tion. NASA requested information been made by the committee should re- space sector. from companies that are interested in solve the matter to his satisfaction. It represents the fruits of various participating and 11 so far have replied. Mr. HOYER. Mr. Speaker, will the policy initiatives undertaken by the Their proposals will be carefully re- gentleman yield? Committee on Science, including some viewed by the scientific experts at God- Mr. BROWN of California. I yield to initiated in the 103d Congress. Among dard to ensure that they are helpful. the gentleman from Maryland. its provisions are ones that update sev- While I recognize that the Stennis Mr. HOYER. Mr. Speaker, I want to eral provisions of the Land Remote Center has proven expertise in com- thank the gentleman for those com- Sensing Act of 1992 and of the Commer- mercialization, we should not take con- ments. I know that he has been and cial Space Launch Act. It also codifies trol of the Mission to Planet Earth continues to be a very strong supporter administration policies on the Global funding away from Goddard Space of Mission to Planet Earth, and I want Positioning System and on the use of Flight Center, which has a top notch to tell him that I very much appre- excess ballistic missile assets. international reputation in the field. ciative his focus on this issue and ap- The bill before the House today is an I understand that the bill before us preciate his comments. amendment to the original text of H.R. would team Goddard and Stennis for Mr. BROWN of California. Mr. Speak- 3936 that addresses many of the con- the study with the final authority rest- er, reclaiming my time, I thank the cerns that I had when the bill was in- ing with Administrator Goldin. I am gentleman for his comments. troduced, including the concerns that pleased at that. Some might say why Mr. Speaker, I rise today in support were expressed by the gentleman from not study this? The fact is that Mission of H.R. 3936, the Space Commercializa- Maryland. It also incorporates provi- to Planet Earth has been studied over tion Promotion Act of 1996, as amend- sions requested by the Committee on and over and over and over again. The ed. Government Reform and Oversight, September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10477 which was given joint referral along the request for Mission to Planet Earth SENBRENNER], and as well in particular, with the Committee on Science. end up being reflected in more money the chairman of the full committee, I believe that the resulting legisla- being spent in NASA’s science ac- the gentleman from Pennsylvania, [Mr. tion before us today represents a con- counts. WALKER], who I know has been working structive step in Congress’ continuing We want to have both a healthy Mis- on this issue for more than a year now. efforts to nurture this still evolving sion to Planet Earth and a healthy This is good legislation. It is going to sector of our economy, and I urge my Committee on Science budget for the be very, very helpful to our emerging colleagues to suspend the rules and to next 2 or 3 fiscal years. I think that commercial space industries to help pass the bill. this bill will provide for the leveraging them to be more competitive in future Mr. Speaker, I reserve the balance of of the Government dollars in Mission years. my time. to Planet Earth. And if we can attract In particular we have an emerging Mr. WALKER. Mr. Speaker, I yield 3 private sector dollars to replace public situation in my district where the minutes to the gentleman from Wis- sector dollars, so much the better. Florida Spaceport Authority is now consin [Mr. SENSENBRENNER], chairman b 1715 less than 1 year away from its first of the Subcommittee on Space and Aer- commercial space launch. It has been a Mr. BROWN of California. Mr. Speak- onautics. very slow process in getting the appro- er, I yield myself such time as I may Mr. SENSENBRENNER. Mr. Speak- priate regulatory authority from the er, I thank the gentleman for yielding consume. Mr. Speaker, let me just comment Office of Commercial Space Transpor- me the time. briefly about the remarks of the gen- tation, allowing them to be able to pro- Mr. Speaker, I rise in support to this ceed in this. Fortunately, it appears as tleman from Wisconsin [Mr. SENSEN- legislation. In addition to all the rea- though the appropriate regulations will BRENNER], my distinguished colleague sons given by my colleagues from be coming forward. And I know that Pennsylvania and California on why it and my friend. I agree with the thrust of what he this legislation will be helping our should pass, let me add one, and that is has said. There is no question but what commercial space industry in Florida that unless we update our commercial the NASA budget over the next several and Spaceport Florida to be competi- launch legislation, we are going to be- years is going to be under considerable tive in the future. come, as a Nation, more and more un- pressure from any budget that I have I also want to commend the chair- competitive with foreign countries for seen up to the present time, and it is man for including in this legislation the commercial space launch business, necessary that we exercise extremely language that will enable the National particularly nonmarket countries such good judgment in how these reductions Aeronautics and Space Administration as Russia, China, and the Ukraine. are going to be allocated. to more easily shift critical NASA em- I do think it is important to rebut There are not reductions in the rate ployees over to the emerging shuttle somewhat the allegations that have of growth, these are actual dollar re- contractor positions to thus ensure the been made by the gentleman from ductions of a substantial amount. continued safe operation of our space Maryland [Mr. HOYER]. First of all, this The fears which the gentleman from shuttle. Our space shuttle, as most are Congress has not been parsimonious Maryland [Mr. HOYER] expressed are aware, went off yesterday morning with Mission to Planet Earth. The ap- reasonable when understood in context. flawlessly. Indeed every time it propriation legislation that was ap- The Mission to Planet Earth budget launches it is on the news. It is the proved by the House provides about a line in the NASA Program is a very pride of our Nation. billion dollars for fiscal year 1997 for large item. It was subjected to approxi- In order to continue in the future as this purpose. That is a little bit less mately a 20 percent cut, which I think we change the management structure than was requested, but it still is a sig- is more than the science budgets and of the shuttle program, that the pro- nificant amount of money, $1 billion. others. And I will interpret Mr. gram continues to function in an effi- The problem exists in providing a HOYER’s comments as merely asking cient but as well in a perfectly safe proper balance for the various types of that there be reasonably comparable way, we need to make sure that the programs that NASA is involved in. treatment to all of these budget lines critical personnel who are now in civil Both the OMB budget lines and the Re- and not that the Mission to Planet service positions shift over to the con- publican balanced budget budget lines Earth be given any special consider- tractor positions and that there is no give NASA a declining amount of ation. inappropriate obstacle in existing Fed- money between now and the year 2002. I know that we will be looking close- eral law to stand in the way of the con- The OMB line is about $2 billion less ly at this particular situation in future tinued safe operation of the shuttle. than that which the Congress ap- years, and I look forward to working So, in closing, I just want to con- proved, but the fact is that NASA’s with Mr. SENSENBRENNER in trying to gratulate the chairman and take this budget is going to be pinched as time work out, that is assuming I return to moment to congratulate him on the goes on and we cannot provide for un- Congress, working with him in making legacy that he is leaving our Nation, checked increases in any of NASA’s ac- sure that whatever reductions NASA for his hard work on behalf of science, counts. has to take are fairly and equitably space and technology, and say that I The fear that I have, looking at both distributed throughout all of the very know he will be very much missed in the OMB and the Republican budget important items in their budget. the future by myself and many of us on lines is that if we do have unchecked I share the gentleman’s view that the committee. increases in Mission to Planet Earth, there are many extremely exciting and Mr. WALKER. Mr. Speaker, I yield then NASA’s science will be squeezed productive science programs which myself such time as I may consume. almost down to a zero amount, and need to be given full attention, and I Mr. Speaker, first I would say thank that would be a shame if we ended up hope that we will be able to do that as you to the gentleman from Florida for squeezing science in fiscal year 1998 well as maintaining as strong a pro- his kind words. I also do not want to and fiscal year 1999 because the sci- gram as we possibly can involving the dwell on this, but I want to come back entific accomplishments with NASA’s Mission to Planet Earth. to the point made by the gentleman robotic programs have been literally Mr. Speaker, I reserve the balance of from California and the gentleman amazing in the 35 years of NASA’s ex- my time. from Maryland as well as the discus- istence. Mr. WALKER. Mr. Speaker, I yield sion of the gentleman from Wisconsin, So let us face it, we do not have 21⁄2 minutes to the gentleman from just to say thank you to the gentleman enough money for everything. We Florida [Mr. WELDON]. from California for him and his staff would like to have more, but at the Mr. WELDON of Florida. Mr. Speak- working with us on some language that same time we have to have a proper er, I thank the gentleman for yielding I think did address the concerns raised balance between the various accounts. and I rise in strong support of this leg- by the gentleman from Maryland. I think that the appropriation bill and islation. Under this bill the Goddard Space the Committee on Science authoriza- Mr. Speaker, I want to thank the Center will continue to be the lead cen- tion bill does that. The reductions in gentleman from Wisconsin [Mr. SEN- ter on all of these matters, including H10478 CONGRESSIONAL RECORD — HOUSE September 17, 1996 the study of Mission to Planet Earth. tion offered by the gentleman from ‘‘(i) there is pending a request for either But the fact is that what you have is Pennsylvania [Mr. WALKER] that the administrative or judicial review with re- an emerging set of technologies that House suspend the rules and pass the spect to such claim, or may prove to be valuable to Mission to bill, H.R. 3936, as amended. ‘‘(ii) there is pending, with respect to such claim, a readjudication by the Commissioner Planet Earth. The question was taken; and (two- of Social Security pursuant to relief in a While it is true that it has been stud- thirds having voted in favor thereof) class action or implementation by the Com- ied intensely by any number of people, the rules were suspended and the bill, missioner of a court remand order.’’. the fact is that these new technologies as amended, was passed. (b) CORRECTIONS TO EFFECTIVE DATE OF do hold the promise of being able to A motion to reconsider was laid on PROVISIONS CONCERNING REPRESENTATIVE give us a robust program at a perhaps the table. PAYEES AND TREATMENT REFERRALS OF DRUG savings, and that is what we are look- ADDICTS AND ALCOHOLICS.— f ing at here. And by having Goddard (1) AMENDMENTS RELATING TO TITLE II DIS- take the lead and having Stennis come SOCIAL SECURITY MISCELLANE- ABILITY BENEFICIARIES.—Section 105(a)(5)(B) in with some of the things they have of such Act (Public Law 104–121; 110 Stat. 853) OUS AMENDMENTS ACT OF 1996 is amended to read as follows: found in terms of commercial applica- Mr. BUNNING of Kentucky. Mr. ‘‘(B) The amendments made by paragraphs tions, we think it would strengthen the Speaker, I move to suspend the rules (2) and (3) shall take effect on July 1, 1996, Mission to Planet Earth mission over and pass the bill (H.R. 4039) to make with respect to any individual— the year and do so within budget con- technical and clarifying amendments ‘‘(i) whose claim for benefits is finally ad- straints that it is going to be operating judicated on or after the date of the enact- to recently enacted provisions relating under. Between us we have come up ment of this Act, or to titles II and XVI of the Social Secu- with the right language and approach ‘‘(ii) whose entitlement to benefits is based rity Act and to provide for a temporary here that satisfies the various needs, upon an entitlement redetermination made extension of demonstration project au- and I thank the gentleman from Cali- pursuant to subparagraph (C).’’. (2) AMENDMENTS RELATING TO SUPPLE- fornia and his staff for their coopera- thority in the Social Security Adminis- MENTAL SECURITY INCOME RECIPIENTS.—Sec- tion in helping us develop that. tration, as amended. The Clerk read as follows: tion 105(b)(5)(B) of such Act (Public Law 104– Mr. BROWN of California. Mr. Speak- 121; 110 Stat. 853) is amended to read as fol- er, I yield myself such time as I may H.R. 4039 lows: consume just to make a concluding re- Be it enacted by the Senate and House of Rep- ‘‘(B) The amendments made by paragraphs mark. resentatives of the United States of America in (2) and (3) shall take effect on July 1, 1996, Let me thank the gentleman for his Congress assembled, with respect to any individual— comments. He has been extremely co- SECTION 1. SHORT TITLE. ‘‘(i) whose claim for benefits is finally ad- operative in modifying the language This Act may be cited as the ‘‘Social Secu- judicated on or after the date of the enact- here to provide certain reassurances rity Miscellaneous Amendments Act of 1996’’. ment of this Act, or that will be helpful in connection with SEC. 2. TECHNICAL AMENDMENTS RELATING TO ‘‘(ii) whose eligibility for benefits is based DRUG ADDICTS AND ALCOHOLICS. upon an eligibility redetermination made this. pursuant to subparagraph (C).’’. I also want to note that the remarks (a) CLARIFICATIONS RELATING TO THE EF- FECTIVE DATE OF THE DENIAL OF DISABILITY (c) REPEAL OF OBSOLETE REPORTING RE- of the gentleman from Florida are very BENEFITS TO DRUG ADDICTS AND ALCOHOL- QUIREMENTS.—Subsections (a)(3)(B) and appropriate. We have a large and flour- ICS.— (b)(3)(B)(ii) of section 201 of the Social Secu- ishing space launch there that is the (1) AMENDMENTS RELATING TO DISABILITY rity Independence and Program Improve- preeminent spaceport at this time in BENEFITS UNDER TITLE II.—Section 105(a)(5) of ments Act of 1994 (Public Law 103–296; 108 the country. If there is nobody here the Contract with America Advancement Stat. 1497, 1504) are repealed. from Alaska or Hawaii or some of the Act of 1996 (Public Law 104–121; 110 Stat. 853) (d) EFFECTIVE DATES.— other States which also hope to have is amended— (1) The amendments made by subsections flourishing spaceports, may I make a (A) in subparagraph (A), by striking ‘‘by (a) and (b) shall be effective as though they had been included in the enactment of sec- comment that California also desires the Commissioner of Social Security’’ and ‘‘by the Commissioner’’; and tion 105 of the Contract with America Ad- to get into this race and we have the (B) by adding at the end the following new vancement Act of 1996 (Public Law 104–121; beginnings of our own commercial subparagraph: 110 Stat. 852 et seq.). launch facility in California which may ‘‘(D) For purposes of this paragraph, an in- (2) The repeals made by subsection (c) shall be championed by the gentlewoman dividual’s claim, with respect to benefits take effect on the date of the enactment of from California [Mrs. SEASTRAND]. We under title II of the Social Security Act this Act. hope that at some point we will be able based on disability, which has been denied in SEC. 3. CLARIFICATION REGARDING REVIEW OF to offer both through the private sector whole before the date of the enactment of DETERMINATIONS BY STATE DIS- and perhaps through some government this Act, may not be considered to be finally ABILITY DETERMINATION SERVICES. Section 221(d) of the Social Security Act business, a major launch facility in adjudicated before such date if, on or after such date— (42 U.S.C. 421(d)) is amended— California. ‘‘(i) there is pending a request for either (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and The point here is that we see the administrative or judicial review with re- (2) by adding at the end the following new emergence of a major new economic ac- spect to such claim, or paragraph: tivity that pervades the entire United ‘‘(ii) there is pending, with respect to such ‘‘(2) No determination under this section States, including Alaska and Hawaii, claim, a readjudication by the Commissioner shall be reviewed by any person, tribunal, or in competition for this business. And I of Social Security pursuant to relief in a governmental agency, except as provided in think that the gentleman from Penn- class action or implementation by the Com- paragraph (1).’’. sylvania [Mr. WALKER] and I both give missioner of a court remand order.’’. SEC. 4. EXTENSION OF DISABILITY INSURANCE very strong allegiance to the impor- (2) AMENDMENTS RELATING TO SUPPLE- PROGRAM DEMONSTRATION PROJECT AUTHORITY. tance of competition and ascertaining MENTAL SECURITY INCOME DISABILITY BENE- FITS UNDER TITLE XVI.—Section 105(b)(5) of (a) IN GENERAL.—Section 505 of the Social what is the best source of any particu- such Act (Public Law 104–121; 110 Stat. 853) is Security Disability Amendments of 1980 lar program and what can benefit the amended— (Public Law 96–265; 94 Stat. 473), as amended taxpayers of this country most. I an- (A) in subparagraph (A), by striking ‘‘by by section 12101 of the Consolidated Omnibus ticipate that this developing competi- the Commissioner of Social Security’’ and Budget Reconciliation Act of 1985 (Public tion is going to be good for the whole ‘‘by the Commissioner’’; and Law 99–272; 100 Stat. 282), section 10103 of the country and I look forward to it. (B) by adding at the end the following new Omnibus Budget Reconciliation Act of 1989 This bill is intended to facilitate that subparagraph: (Public Law 101–239; 103 Stat. 2472), section and I again urge my colleagues to sup- ‘‘(D) For purposes of this paragraph, an in- 5120(f) of the Omnibus Budget Reconciliation dividual’s claim, with respect to supple- Act of 1990 (Public Law 101–508; 104 Stat. port it. mental security income benefits under title 1388–282), and section 315 of the Social Secu- Mr. Speaker, I yield back the balance XVI of the Social Security Act based on dis- rity Independence and Program Improve- of my time. ability, which has been denied in whole be- ments Act of 1994 (Public Law 103–296; 108 Mr. WALKER. Mr. Speaker, I yield fore the date of the enactment of this Act, Stat. 1531), is further amended— back the balance of my time. may not be considered to be finally adju- (1) in paragraph (1) of subsection (a), by The SPEAKER pro tempore (Mr. dicated before such date if, on or after such adding at the end the following new sen- LAHOOD). The question is on the mo- date— tence: ‘‘The Commissioner may expand the September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10479

scope of any such experiment or demonstra- SEC. 6. TREATMENT OF PRISONERS. (1) IN GENERAL.—Section 202(x)(1)(A) of tion project to include any group of appli- (a) IMPLEMENTATION OF PROHIBITION such Act (42 U.S.C. 402(x)(1)(A)) is amended— cants for benefits under such program with AGAINST PAYMENT OF TITLE II BENEFITS TO (A) in the matter preceding clause (i), by impairments which may reasonably be pre- PRISONERS.— striking ‘‘during’’ and inserting ‘‘through- sumed to be disabling for purposes of such (1) IN GENERAL.—Section 202(x)(3) of the So- out’’; experiment or demonstration project, and cial Security Act (42 U.S.C. 402(x)(3)) is (B) in clause (i), by striking ‘‘an offense may limit any such experiment or dem- amended— punishable by imprisonment for more than 1 onstration project to any such group of ap- (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and year (regardless of the actual sentence im- plicants, subject to the terms of such experi- (B) by adding at the end the following new posed)’’ and inserting ‘‘a criminal offense’’; ment or demonstration project which shall subparagraph: and define the extent of any such presumption.’’; ‘‘(B)(i) The Commissioner shall enter into (C) in clause (ii)(I), by striking ‘‘an offense (2) in paragraph (3) of subsection (a), by an agreement, with any interested State or punishable by imprisonment for more than 1 striking ‘‘June 10, 1996’’ and inserting ‘‘June local institution comprising a jail, prison, year’’ and inserting ‘‘a criminal offense’’. 10, 1997’’; penal institution, correctional facility, or (2) EFFECTIVE DATE.—The amendments (3) in paragraph (4) of subsection (a), by in- other institution a purpose of which is to made by this subsection shall be effective serting ‘‘and on or before October 1, 1996,’’ confine individuals as described in paragraph with respect to benefits payable for months after ‘‘1995,’’; and (1)(A), under which— after February 1997. (4) in subsection (c), by striking ‘‘October ‘‘(I) the institution shall provide to the (c) INCLUSION OF TITLE II ISSUES IN STUDY 1, 1996’’ and inserting ‘‘October 1, 1997’’. Commissioner, on a monthly basis and in a AND REPORT REQUIREMENTS RELATING TO manner specified by the Commissioner, the PRISONERS.— (b) EFFECTIVE DATE.—The amendments names, social security account numbers, (1) Section 203(b)(1) of the Personal Re- made by subsection (a) shall take effect on dates of birth, confinement commencement sponsibility and Work Opportunity Rec- the date of the enactment of this Act. dates, and, to the extent available to the in- onciliation Act of 1996 (Public Law 104–193) is SEC. 5. PERFECTING AMENDMENTS RELATED TO stitution, such other identifying information amended— WITHHOLDING FROM SOCIAL SECU- concerning the individuals confined in the (A) in subparagraph (A), by striking ‘‘sec- RITY BENEFITS. institution as the Commissioner may require tion 1611(e)(1)’’ and inserting ‘‘sections 202(x) for the purpose of carrying out paragraph (1); and 1611(e)(1)’’; and (a) INAPPLICABILITY OF ASSIGNMENT PROHI- and (B) in subparagraph (B), by striking ‘‘sec- BITION.—Section 207 of the Social Security ‘‘(II) except as provided in clause (ii), the tion 1611(e)(1)(I)’’ and inserting ‘‘section Act (42 U.S.C. 407) is amended by adding at Commissioner shall pay to the institution, 202(x)(3)(B) or 1611(e)(1)(I)’’. the end the following new subsection: with respect to information described in sub- (2) Section 203(c) of such Act is amended by ‘‘(c) Nothing in this section shall be con- clause (I) concerning each individual who is striking ‘‘section 1611(e)(1)(I)’’ and all that strued to prohibit withholding taxes from confined therein as described in paragraph follows and inserting the following: ‘‘sec- any benefit under this title, if such withhold- (1)(A), to whom a benefit under this title is tions 202(x)(3)(B) and 1611(e)(1)(I) of the So- ing is done pursuant to a request made in ac- payable for the month preceding the first cial Security Act.’’. cordance with section 3402(p)(1) of the Inter- month of such confinement, and whose bene- (3) The amendments made by paragraph (1) nal Revenue Code of 1986 by the person enti- fit under this title ceases to be payable as a shall apply as if included in the enactment of tled to such benefit.’’. result of the application of this subsection, section 203(b) of the Personal Responsibility $400 (subject to reduction under clause (iii)) (b) PROPER ALLOCATION OF COSTS OF WITH- and Work Opportunity Reconciliation Act of if the institution furnishes the information 1996 (Public Law 104–193). The amendment HOLDING BETWEEN THE TRUST FUNDS AND THE to the Commissioner within 30 days after the made by paragraph (2) shall apply as if in- GENERAL FUND.—Section 201(g) of such Act date such individual’s confinement in such (42 U.S.C. 401(g)) is amended— cluded in the enactment of section 203(c) of institution begins, or $200 (subject to reduc- (1) by inserting before the period in para- such Act. tion under clause (iii)) if the institution fur- (d) CONFORMING TITLE XVI AMENDMENTS.— graph (1)(A)(ii) the following: ‘‘and the func- nishes the information after 30 days after (1) PRECLUSION OF TITLE XVI PAYMENT WHEN tions of the Social Security Administration such date but within 90 days after such date. INFORMATION FURNISHED BY AN INSTITUTION IS in connection with the withholding of taxes ‘‘(ii) No amount shall be payable to an in- ALREADY KNOWN BY THE COMMISSIONER.—Sec- from benefits, as described in section 207(c), stitution with respect to information con- tion 1611(e)(1)(I) of the Social Security Act pursuant to requests by persons entitled to cerning an individual under an agreement (as added by section 203(a)(1) of the Personal such benefits’’; entered into under clause (i) if, prior to the Responsibility and Work Opportunity Rec- (2) by inserting before the period at the end Commissioner’s receipt of the information, onciliation Act of 1996 (Public Law 104–193)) of paragraph (1)(A) the following: ‘‘and the the Commissioner has determined that bene- is amended— functions of the Social Security Administra- fits under this title are no longer payable to (A) in clause (i)(II), by inserting ‘‘except as tion in connection with the withholding of such individual as a result of the application provided in clause (ii),’’ after ‘‘(II)’’; taxes from benefits, as described in section of this subsection. (B) by redesignating clauses (ii) and (iii) as 207(c), pursuant to requests by persons enti- ‘‘(iii) The dollar amounts specified in clauses (iv) and (v), respectively; and tled to such benefits’’; clause (i)(II) shall be reduced by 50 percent if (C) by inserting after clause (i) the follow- (3) in paragraph (1)(B)(i)(I), by striking the Commissioner is also required to make a ing new clause: ‘‘subparagraph (A)),’’ and inserting ‘‘sub- payment to the institution with respect to ‘‘(ii) No amount shall be payable to an in- paragraph (A)) and the functions of the So- the same individual under an agreement en- stitution with respect to information con- cial Security Administration in connection tered into under section 1611(e)(1)(I). cerning an inmate under an agreement en- with the withholding of taxes from benefits, ‘‘(iv) There shall be transferred from the tered into under clause (i) if, prior to the as described in section 207(c), pursuant to re- Federal Old-Age and Survivors Insurance Commissioner’s receipt of the information, quests by persons entitled to such benefits,’’; Trust Fund and the Federal Disability Insur- the Commissioner has determined that the (4) in paragraph (1)(C)(iii), by inserting be- ance Trust Fund, as appropriate, such sums inmate is no longer an eligible individual or fore the period the following: ‘‘and the func- as may be necessary to enable the Commis- eligible spouse for purposes of this title as a tions of the Social Security Administration sioner to make payments to institutions re- result of the application of this paragraph.’’. in connection with the withholding of taxes quired by clause (i)(II). Sums so transferred (2) FIFTY PERCENT REDUCTION IN TITLE XVI from benefits, as described in section 207(c), shall be treated as direct spending for pur- PAYMENT IN CASE INVOLVING COMPARABLE pursuant to requests by persons entitled to poses of the Balanced Budget and Emergency TITLE II PAYMENT.—Section 1611(e)(1)(I) of such benefits’’; Deficit Control Act of 1985 and excluded from such Act (as amended by paragraph (1)) is (5) in paragraph (1)(D), by inserting after budget totals in accordance with section amended further— ‘‘section 232’’ the following: ‘‘and the func- 13301 of the Budget Enforcement Act of 1990. (A) in clause (i)(II), by inserting ‘‘(subject tions of the Social Security Administration ‘‘(v) The Commissioner is authorized to to reduction under clause (iii))’’ after ‘‘$400’’ in connection with the withholding of taxes provide, on a reimbursable basis, informa- and after ‘‘$200’’; and from benefits as described in section 207(c)’’; tion obtained pursuant to agreements en- (B) by inserting after clause (ii) the follow- and tered into under clause (i) to any Federal or ing new clause: (6) in paragraph (4), by inserting after the federally-assisted cash, food, or medical as- ‘‘(iii) The dollar amounts specified in first sentence the following: ‘‘The Boards of sistance program for eligibility purposes.’’. clause (i)(II) shall be reduced by 50 percent if Trustees of such Trust Funds shall prescribe (2) EFFECTIVE DATE.—The amendments the Commissioner is also required to make a before January 1, 1997, the method of deter- made by this subsection shall apply as if in- payment to the institution with respect to mining the costs which should be borne by cluded in the enactment of section 203(a) of the same individual under an agreement en- the general fund in the Treasury of carrying the Personal Responsibility and Work Oppor- tered into under section 202(x)(3)(B).’’. out the functions of the Social Security Ad- tunity Reconciliation Act of 1996. (3) EXPANSION OF CATEGORIES OF INSTITU- ministration in connection with the with- (b) ELIMINATION OF TITLE II REQUIREMENT TIONS ELIGIBLE TO ENTER INTO AGREEMENTS holding of taxes from benefits, as described THAT CONFINEMENT STEM FROM CRIME PUN- WITH THE COMMISSIONER.—Section in section 207(c), pursuant to requests by per- ISHABLE BY IMPRISONMENT FOR MORE THAN 1 1611(e)(1)(I)(i) of such Act (as added by sec- sons entitled to such benefits.’’. YEAR.— tion 203(a)(1) of the Personal Responsibility H10480 CONGRESSIONAL RECORD — HOUSE September 17, 1996 and Work Opportunity Reconciliation Act of The SPEAKER pro tempore. Is there rity benefits paid to drug addicts, alco- 1996 (Public Law 104–193)) is amended in the objection to the request of the gen- holics, or criminals who should not re- matter preceding subclause (I) by striking tleman from Kentucky? ceive them. ‘‘institution’’ and all that follows through There was no objection. I hope that for the sake of the hard- ‘‘section 202(x)(1)(A),’’ and inserting ‘‘institu- Mr. BUNNING of Kentucky. Mr. tion comprising a jail, prison, penal institu- working American public, the Senate tion, or correctional facility, or with any Speaker, I yield myself such time as I will see fit to act quickly so that cur- other interested State or local institution a may consume. rent programs may continue to run as purpose of which is to confine individuals as Mr. Speaker, I rise in support of H.R. they should, and the intent of Congress described in section 202(x)(1)(A)(ii),’’. 4039, the Social Security Miscellaneous to stop Social Security payments to (4) LIMITATION ON CATEGORIES OF INMATES Amendments Act of 1996. drug addicts, alcoholics, and prisoners WITH RESPECT TO WHOM PAYMENT MAY BE A few months ago, the Social Secu- will be fulfilled. I urge support of H.R. MADE.—Section 1611(e)(1)(I)(i)(II) of such Act rity Administration came to us, and 4039. (as added by section 203(a)(1) of the Personal asked for legislation to make technical Responsibility and Work Opportunity Rec- Mr. Speaker, I reserve the balance of onciliation Act of 1996 (Public Law 104–193)) or perfecting changes they needed to my time. is amended by striking ‘‘inmate of the insti- implement current law. Andy Jacobs Mr. PAYNE of Virginia. Mr. Speaker, tution’’ and all that follows through ‘‘in such and I then introduced this legislation, I yield myself such time as I may institution and’’ and inserting ‘‘individual which was favorably reported by the consume. who is eligible for a benefit under this title Ways and Means Committee on a bipar- Mr. Speaker, I rise in support of H.R. for the month preceding the first month tisan basis. Andy’s constructive, bipar- 4039. I have had the pleasure of serving throughout which the individual is an in- tisan leadership on Social Security is- on the Subcommittee on Social Secu- mate of the jail, prison, penal institution, or sues will be greatly missed. rity of the Committee on Ways and correctional facility, or is confined in the in- Again, let me make it clear that the stitution as described in section Means during this session of Congress, 202(x)(1)(A)(ii), and who’’. administration requested these tech- serving with Chairman JIM BUNNING (5) TECHNICAL CORRECTION.—Section nical provisions. who has worked tirelessly this session 1611(e)(1)(I)(i)(II) of such Act (as amended by According to the Social Security Ad- to bring about a Social Security Ad- the preceding provisions of this subsection) ministration, these amendments are ministration that deals fairly and ef- is amended further by striking ‘‘subpara- needed to clarify, first, the drug ad- fectively with Social Security. I have graph’’ and inserting ‘‘paragraph’’. dicts and alchoholics provisions en- had the pleasure of serving with the (6) EFFECTIVE DATE.—The amendments acted under Public Law 104–121, there- gentleman from Indiana, ANDY JACOBS, made by this subsection shall apply as if in- by closing a loophole and preventing cluded in the enactment of section 203(a) of who is retiring after 30 years, who has the Personal Responsibility and Work Oppor- payment of benefits not intended by spent his entire career working on So- tunity Reconciliation Act of 1996 (Public Congress; second, to clarify that the cial Security, protecting it and making Law 104–193). The references to section only judicial review available to dis- it better. And I want to commend both 202(x)(1)(A)(ii) of the Social Security Act in ability applicants is the normal judi- of these gentlemen for the effective section 1611(e)(1)(I)(i) of such Act as amended cial review of the final decision of the and bipartisan method in which they by paragraphs (3) and (4) shall be deemed a Commissioner of Social Security, and have constructed the business of the reference to such section 202(x)(1)(A)(ii) as that the State disability determination Social Security Subcommittee. amended by subsection (b)(1)(C). services and their employees, like Fed- (e) EXEMPTION FROM COMPUTER MATCHING Mr. Speaker, I rise in support of H.R. eral officials, cannot be sued for their REQUIREMENTS.— 4039. This bill, as Chairman BUNNING (1) IN GENERAL.—Section 552a(a)(8)(B) of official acts when making disability has pointed out, makes a number of title 5, United States Code, is amended— decisions under the Social Security technical and miscellaneous changes in (A) by striking ‘‘or’’ at the end of clause Act; third, to grant SSA continued Social Security. It clarifies the effec- (vi); demonstration project authority; and tive date of the newly enacted law de- (B) by adding ‘‘or’’ at the end of clause fourth, to perfect provisions of the nying Social Security benefits to drug (vii); and Uruguay Round Agreements Act, al- addicts and alcoholics. (C) by inserting after clause (vii) the fol- lowing for optional tax withholding lowing new clause: b 1730 from Social Security benefits. ‘‘(viii) matches performed pursuant to sec- It extends for 1 year the disability tion 202(x) or 1611(e)(1) of the Social Security In addition to the technical provi- Act;’’. sions requested by SSA, H.R. 4039 in- demonstration project authority of the (2) CONFORMING AMENDMENT.—Section cludes provisions that further restrict Social Security Administration. It pro- 1611(e)(1)(I)(iv) of the Social Security Act (as payment of Social Security benefits to hibits lawsuits directly against State added by section 203(a)(1) of the Personal Re- prisoners. These provisions are vir- disability determinations services. And sponsibility and Work Opportunity Rec- tually identical to ones included in the in addition, the bill authorizes incen- onciliation Act of 1996 (Public Law 104–193) recently enacted welfare reform bill af- tive payments to prisons and local jails and redesignated by subsection (d)(1)(B)) is fecting prisoners who receive supple- to encourage jailers to turn over to the amended further by striking ‘‘(I) The provi- Social Security Administration the sions’’ and all that follows through ‘‘(II) The mental security income benefits. Commissioner’’ and inserting ‘‘The Commis- They restrict payment of benefits to names of prisoners who are receiving sioner’’. all criminals incarcerated throughout Social Security payments. A number of (3) EFFECTIVE DATE.—The amendments a month, and provide a financial incen- years ago, the Congress prohibited the made by this subsection shall take effect on tive to correctional facilities to report payment of Social Security benefits to the date of the enactment of this Act. their incarceration to SSA. The provi- prisoners, yet the Social Security Ad- The SPEAKER pro tempore. Pursu- sions save the Social Security trust ministration is having a difficult time ant to the rule, the gentleman from funds $35 million over 7 years. I want obtaining the names of Social Security Kentucky [Mr. BUNNING] and the gen- to commend my colleague on the Ways recipients incarcerated in the hundreds tleman from Virginia [Mr. PAYNE] each and Means Committee, Mr. HERGER, for of local jails around the country. So will control 20 minutes. his leadership on this issue. this provision will offer an incentive to The Chair recognizes the gentleman I also want to thank both the minor- all institutions, both large and small from Kentucky [Mr. BUNNING]. ity staff and SSA staff for providing ones, to provide the names of prisoners their assistance in formulating this receiving Social Security benefits. f package. The Social Security Administration The Social Security Subcommittee can then make sure that no prisoner GENERAL LEAVE has worked diligently to assist SSA by continues to receive benefits while in- Mr. BUNNING of Kentucky. Mr. providing the legislative corrections stitutionalized. Speaker, I ask unanimous consent that that SSA said that it needed to fulfill Mr. Speaker, these are technical all Members may have 5 legislative its responsibilities to Congress and the changes coupled with some improve- days within which to revise and extend American public. ments in the administration of the So- their remarks and include extraneous Neither the Congress nor the Amer- cial Security Program, and I urge their material on H.R. 4039. ican public wants to see Social Secu- adoption. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10481 Mr. CHRISTENSEN. Mr. Speaker, today motion offered by the gentleman from any particular quality of the coins minted represents another step in our efforts to end Kentucky [Mr. BUNNING] that the under this Act. House suspend the rules and pass the (c) COMMENCEMENT OF ISSUANCE.—The Sec- wasteful Government spending and end the retary may issue coins minted under this practice of supporting criminals at the tax- bill, H.R. 4039, as amended. Act beginning January 1, 1999. payers expense. The question was taken; and (two- (d) TERMINATION OF MINTING AUTHORITY.— Too many individuals serving time in our thirds having voted in favor thereof) No coins may be minted under this Act after Nation's prisons currently receive regular So- the rules were suspended and the bill December 31, 1999. cial Security payments, despite the fact that was, as amended, was passed. SEC. 6. SALE OF COINS. it's against the law. Current law prohibits pris- A motion to reconsider was laid on (a) SALE PRICE.—The coins issued under oners from receiving old age, survivors, and the table. this Act shall be sold by the Secretary at a price equal to the sum of— f disability [OASDI] benefits while incarcerated if (1) the face value of the coins; they are convicted of any crime punishable by DOLLEY MADISON (2) the surcharge provided in subsection (d) imprisonment of more than 1 year. Also, State COMMEMORATIVE COIN ACT with respect to such coins; and and local correctional institutions are required (3) the cost of designing and issuing the to make available, upon written request, the Mr. CASTLE. Mr. Speaker, I move to coins (including labor, materials, dies, use of name and Social Security number of any indi- suspend the rules and pass the bill machinery, overhead expenses, marketing, vidual convicted and confined in a penal insti- (H.R. 1684) to require the Secretary of and shipping). the Treasury to mint coins in com- (b) BULK SALES.—The Secretary shall tution or correctional facility. However, despite make bulk sales of the coins issued under current law prisoners are still robbing the tax- memoration of the 250th anniversary of the birth of James Madison, as amend- this Act at a reasonable discount. payers of their hard-earned money. (c) PREPAID ORDERS.— The House-passed version of the Personal ed. (1) IN GENERAL.—The Secretary shall ac- Responsibility and Work Opportunity Act of The Clerk read as follows: cept prepaid orders for the coins minted 1996, corrected this wrong by prohibiting pris- H.R. 1684 under this Act before the issuance of such oners from receiving supplemental security in- Be it enacted by the Senate and House of Rep- coins. come [SSI] and OASDI benefits while incar- resentatives of the United States of America in (2) DISCOUNT.—Sale prices with respect to Congress assembled, prepaid orders under paragraph (1) shall be cerated. It also provided new financial incen- at a reasonable discount. tives for State and local correctional institu- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Dolley Madi- (d) SURCHARGES.—All sales shall include a tions to report information on inmates to the son Commemorative Coin Act’’. surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT Social Security Administration so that taxpayer SEC. 2. COIN SPECIFICATIONS. REGULATIONS. supported benefits could promptly end. Unfor- (a) $1 SILVER COINS.—In commemoration of (a) IN GENERAL.—Except as provided in tunately, the OASDI provisions were not in- the 150th anniversary of the death of Dolley cluded in the final version of the bill before it subsection (b), no provision of law governing Madison, the Secretary of the Treasury procurement or public contracts shall be ap- was signed into law. (hereafter in this Act referred to as the ‘‘Sec- plicable to the procurement of goods and Section 6 of H.R. 4039, the Social Security retary’’) shall mint and issue not more than services necessary for carrying out the provi- clarifying amendments, would restore the 500,000 1 dollar coins, which shall— sions of this Act. same prohibitions against payments of SSI (1) weigh 26.73 grams; (b) EQUAL EMPLOYMENT OPPORTUNITY.— benefits to OASDI benefitsÐsaving the U.S. (2) have a diameter of 1.500 inches; and Subsection (a) shall not relieve any person (3) contain 90 percent silver and 10 percent entering into a contract under the authority taxpayers $35 million over 7 years. I strongly copper. support these efforts to end the abuses in the of this Act from complying with any law re- (b) LEGAL TENDER.—The coins minted lating to equal employment opportunity. Social Security benefits programs because it under this Act shall be legal tender, as pro- SEC. 8. DISTRIBUTION OF SURCHARGES. is time to stop frivolously spending the tax- vided in section 5103 of title 31, United States Subject to section 10(a), all surcharges re- payers money and get tough on criminals. Code. ceived by the Secretary from the sale of (c) NUMISMATIC ITEMS.—For purposes of This effort is one more necessary component coins issued under this Act shall be promptly section 5136 of title 31, United States Code, to reforming our Federal prison system. For paid by the Secretary to the National Trust all coins minted under this Act shall be con- for Historic Preservation in the United too long, liberal judges, slick lawyers, and mis- sidered to be numismatic items. guided policies have turned prisons into play- States (hereafter in this Act referred to as SEC. 3. SOURCES OF BULLION. the ‘‘National Trust’’) to be used— houses. To fix that, I have put together legisla- The Secretary shall obtain silver for mint- tion called the Criminal Correction and Victim (1) to establish an endowment to be a per- ing coins under this Act only from stockpiles manent source of support for Montpelier, the Assistance Act that makes it clear once and established under the Strategic and Critical home of James and Dolley Madison and a for all that our prisons are not country clubs. Materials Stock Piling Act. museum property of the National Trust; and The bill would make Federal prisoners work SEC. 4. DESIGN OF COINS. (2) to fund capital restoration projects at 48 hours a week and study 12 hours more. It (a) DESIGN REQUIREMENTS.— Montpelier. would place a 25-percent levy on prisoner (1) IN GENERAL.—The design of the coins SEC. 9. FINANCIAL ASSURANCES. wages to go toward victim restitution and the minted under this Act shall be emblematic (a) NO NET COST TO THE GOVERNMENT.—The protection of our police officers. It would curb of the 150th anniversary of the death of Doll- Secretary shall take such actions as may be ey Madison and the life and achievements of necessary to ensure that minting and issuing out-of-control frivolous lawsuits by Federal the wife of the 4th President of the United prisoners. The bill would also ban the use of coins under this Act will not result in any States. net cost to the United States Government. televisions in Federal prisons. And it would (2) DESIGNATION AND INSCRIPTIONS.—On (b) PAYMENT FOR COINS.—A coin shall not prohibit weightlifting by Federal prisoners. Why each coin minted under this Act there shall be issued under this Act unless the Secretary should taxpayers be forced to pay for crimi- be— has received— nals to become stronger and more deadly so (A) a designation of the value of the coin; (1) full payment for the coin; that they can then prey upon our families and (B) an inscription of the year ‘‘1999’’; and (2) security satisfactory to the Secretary children upon release? I was glad to see the (C) inscriptions of the words ‘‘Liberty’’, to indemnify the United States for full pay- ‘‘In God We Trust’’, ‘‘United States of Amer- ban on TV's and weights as well as the law- ment; or ica’’, and ‘‘E Pluribus Unum’’. (3) a guarantee of full payment satisfac- suit curbs included in a measure which was (b) SELECTION.—The design for the coins tory to the Secretary from a depository in- signed into law this year. minted under this Act shall be— stitution whose deposits are insured by the All of these steps, including banning Social (1) selected by the Secretary after con- Federal Deposit Insurance Corporation or Security benefits for convicted criminals while sultation with the executive director of the National Credit Union Administration incarcerated, send the signal that America will Montpelier, the National Trust for Historic Board. no longer tolerate those who prey on law-abid- Preservation, and the Commission of Fine SEC. 10. CONDITIONS ON PAYMENT OF SUR- ing families. Arts; and CHARGES. Mr. PAYNE of Virginia. Mr. Speaker, (2) reviewed by the Citizens Commemora- (a) PAYMENT OF SURCHARGES.—Notwith- tive Coin Advisory Committee. I yield back the balance of my time. standing any other provision of law, no SEC. 5. ISSUANCE OF COINS. amount derived from the proceeds of any Mr. BUNNING of Kentucky. Mr. (a) QUALITY OF COINS.—Coins minted under surcharge imposed on the sale of coins issued Speaker, I yield back the balance of this Act shall be issued in uncirculated and under this Act shall be paid to the National my time. proof qualities. Trust unless— The SPEAKER pro tempore (Mr. (b) MINT FACILITY.—Only 1 facility of the (1) all numismatic operation and program GOODLATTE). The question is on the United States Mint may be used to strike costs allocable to the program under which H10482 CONGRESSIONAL RECORD — HOUSE September 17, 1996 such coins are produced and sold have been the sale of coins issued under this Act, to the that more coins are being proposed recovered; and Inspector General of the Department of the than the market will absorb. In any (2) the National Trust submits an audited Treasury or the Comptroller General of the event, the days of large issues are fin- financial statement which demonstrates to United States, upon the request of such In- ished, and future mintages will be allo- the satisfaction of the Secretary of the spector General or the Comptroller General, Treasury that, with respect to all projects or all books, records, and workpapers belonging cated based on the success or failure of purposes for which the proceeds of such sur- to or used by the National Trust, or by any programs that have already been ap- charge may be used, the National Trust has independent public accountant who audited proved. raised funds from private sources for such the National Trust in accordance with para- H.R. 1684 is the first of these bills be- projects and purposes in an amount which is graph (1), which may relate to the receipt or fore the House today. It calls for the equal to or greater than the maximum expenditure of any such amount by the Na- Secretary of the Treasury to mint amount the National Trust may receive from tional Trust. coins in commemoration of the 150th the proceeds of such surcharge. (c) USE OF AGENTS OR ATTORNEYS TO INFLU- anniversary of the death of Dolley (b) ANNUAL AUDITS.— ENCE COMMEMORATIVE COIN LEGISLATION.—No (1) ANNUAL AUDITS OF RECIPIENTS RE- Madison. Dolley Madison was one of portion of any payment to the National the earliest heroines in American his- QUIRED.—The National Trust shall provide, Trust from amounts derived from the pro- as a condition for receiving any amount de- ceeds of surcharges imposed on the sale of tory. She served as First Lady for rived from the proceeds of any surcharge im- coins issued under this Act may be used, di- Thomas Jefferson who was widowed by posed on the sale of coins issued under this rectly or indirectly, by the National Trust to the time he served as President and Act, for an annual audit, in accordance with compensate any agent or attorney for serv- later for her husband, James Madison. generally accepted government auditing ices rendered to support or influence in any During the War of 1812, when invading standards by an independent public account- way legislative action of the Congress relat- British troops burned the White House, ant selected by the National Trust, of all ing to the coins minted and issued under this Dolley Madison, at some personal risk, such payments to the National Trust begin- Act. ning in the first fiscal year of the National saved an historic portrait of George Trust in which any such amount is received The SPEAKER pro tempore. Pursu- Washington. The National Trust for and continuing until all such amounts re- ant to the rule, the gentleman from Historic Preservation today owns ceived by the National Trust with respect to Delaware [Mr. CASTLE] and the gen- Montpelier, the Virginia estate where such surcharges are fully expended or placed tleman from New York [Mr. FLAKE] Dolley Madison and James Madison in trust. will each control 20 minutes. lived. Proceeds from this coin will go (2) MINIMUM REQUIREMENTS FOR ANNUAL AU- The Chair recognizes the gentleman to help endow preservation of the DITS.—At a minimum, each audit of the Na- tional Trust pursuant to paragraph (1) shall from Delaware [Mr. CASTLE]. building and the estate. report— Mr. CASTLE. I yield myself such Mr. Speaker, I reserve the balance of (A) the amount of payments received by time as I may consume. my time. the National Trust during the fiscal year of Mr. Speaker, we are here today to Mr. FLAKE. Mr. Speaker, I yield my- the National Trust for which the audit is suspend the rules and pass three com- self such time as I may consume. conducted which are derived from the pro- memorative coin bills: H.R. 1684, H.R. Mr. Speaker, I rise today in support ceeds of any surcharge imposed on the sale of 1776, and H.R. 2026. All three of these of the Dolley Madison Commemorative coins issued under this Act; bills have played by the new rules of Coin Act, and I will urge my colleagues (B) the amount expended by the National to support this bill as well. I do so, Trust from the proceeds of such surcharges the commemorative coin process. Each during the fiscal year of the National Trust has acquired the cosponsorship of over with the appreciation that today we for which the audit is conducted; and two-thirds of this House, and each has are honoring the originator of the role (C) whether all expenditures by the Na- gained the endorsement of the Citizens of First Lady, and the fact we are help- tional Trust from the proceeds of such sur- Commemorative Coin Advisory Com- ing to preserve one of our Nation’s his- charges during the fiscal year of the Na- mittee. Furthermore, the sponsors of torical treasures: the Montpelier, Vir- tional Trust for which the audit is conducted these bills have agreed to abide by the ginia home of James Madison. were for authorized purposes. In authorizing this coin and the two (3) RESPONSIBILITY OF NATIONAL TRUST TO terms of this subcommittee’s bill, H.R. 2614, the Commemorative Coin Reform to follow, the subcommittee again has ACCOUNT FOR EXPENDITURES OF SURCHARGES.— taken cautious steps to protect the in- The National Trust shall take appropriate Act of 1995. tegrity of the commemorative coin steps, as a condition for receiving any pay- These accommodations by the var- process. We have received the rec- ment of any amount derived from the pro- ious bill sponsors are in recognition ommendation of the Citizen’s Com- ceeds of any surcharge imposed on the sale of that, as we heard at our July 1995 hear- memorative Coin Advisory Committee, coins issued under this Act, to ensure that ing, the Commemorative Coin Program the receipt of the payment and the expendi- and we have waited until the legisla- is clearly in trouble. These problems ture of the proceeds of such surcharge by the tion has garnered overwhelming sup- persist, primarily because too many National Trust in each fiscal year of the Na- port in the form of bipartisan cospon- coins have been produced. These three tional Trust can be accounted for separately sorship. Most important, however, we from all other revenues and expenditures of have been obtained more than 290 co- have incorporated House passed legis- the National Trust. sponsors, demonstrating that the lation which requires tighter financial (4) SUBMISSION OF AUDIT REPORT.—Not later Banking Committee rules in the 104th than 90 days after the end of any fiscal year control of the mint’s resources, and the Congress have not raised the standard auditing disclosures of recipient orga- of the National Trust for which an audit is to the point that all coin legislation is required under paragraph (1), the National nizations. Trust shall— blocked, and that if a group follows the The subcommittee has strived to (A) submit a copy of the report to the Sec- rules, they have a reasonable oppor- maintain integrity in the commemora- retary of the Treasury; and tunity to get coin legislation to the tive process. It is our aim to limit the (B) make a copy of the report available to floor. authorization of commemoratives, and the public. Nonetheless these successes should during the past 2 years, I believe we (5) USE OF SURCHARGES FOR AUDITS.—The not be taken as invitations for many National Trust may use any amount received met this goal by only authorizing four more coin projects to advance. CCCAC new coins over the next 4 years. Given from payments derived from the proceeds of guidelines call for no more than two any surcharge imposed on the sale of coins these accomplishments, I would urge issued under this Act to pay the cost of an programs per year and it will clearly my colleagues to support this bill, sup- audit required under paragraph (1). take a while for the collecting public port Dolley Madison, and help preserve (6) WAIVER OF SUBSECTION.—The Secretary to digest the massive Olympic Program Montpelier. of the Treasury may waive the application of that appears to have again resulted in Mr. Speaker, I reserve the balance of any paragraph of this subsection to the Na- losses to the mint. my time. tional Trust for any fiscal year after taking Passage of our commemorative coin Mr. CASTLE. Mr. Speaker, I yield into account the amount of surcharges which reform legislation by the Senate will such time as he may consume to the the National Trust received or expended dur- help control runaway coin programs ing such year. distinguished gentleman from Virginia (7) AVAILABILITY OF BOOKS AND RECORDS.— and protect the Federal Government [Mr. BLILEY]. The National Trust shall provide, as a condi- and the taxpayer from further losses. (Mr. BLILEY asked and was given tion for receiving any payment derived from As necessary we will recommend even permission to revise and extend his re- the proceeds of any surcharge imposed on tighter regulations should it appear marks.) September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10483 Mr. BLILEY. Mr. Speaker, I want to the widowed Thomas Jefferson while tee for consideration. Also, I would like thank the chairman of the subcommit- her husband served as Jefferson’s Sec- to thank Representative PETE GEREN. tee and also the ranking member for retary of State. Thus, Dolley Madison’s Without Congressman GEREN’s hard their cooperation. term as First Lady extended from 1801 work, we might not have gotten the 290 Mr. Speaker, early in this Congress, to 1817—over 16 years. cosponsors needed in order to bring I, along with the rest of the Virginia Charles Cotesworth Pickney, who ran this legislation to the floor. delegation introduced the James Madi- against James Madison for the Presi- Mr. FLAKE. Mr. Speaker, I have no son Commemorative Coin Act. This dency, saw first hand how the Nation further requests for time, and I yield legislation instructs the U.S. Treasury loved Dolley Madison. After losing to back the balance of my time. to mint $1 commemorative coins to Madison, Charles Pickney said, ‘‘I was Mr. CASTLE. Mr. Speaker, I yield honor the 250th anniversary of the beaten by Mr. and Mrs. Madison. I back the balance of my time. birth of James Madison. might have had a better chance had I The SPEAKER pro tempore. The The proceeds from the sale of this faced (Mr.) Madison alone.’’ With the question is on the motion offered by coin, once the Treasury has recovered elections approaching, I know many of the gentleman from Delaware [Mr. all production costs, will go to the Na- us would be lucky to have Dolley Madi- CASTLE] that the House suspend the tional Trust for Historic Preservation son in our corner. rules and pass the bill, H.R. 1684, as to be used to establish an endowment While Dolley Madison served in the amended. to be a permanent source of support for White House as First Lady with un- The question was taken; and (two- Montpelier, the home of James and precedented grace, I feel certain Mrs. thirds having voted in favor thereof) Dolley Madison. In addition, profits Madison would be upset at the condi- the rules were suspended and the bill, from this coin will help fund a capital tion of her and her husband’s home at as amended, was passed. restoration project at Montpelier, Montpelier. The title of the bill was amended so which is in dire need of repairs. Dolley Madison was forced to sell the as to read: ‘‘A bill to require the Sec- I am proud to report 313 of our col- 2,700 acre estate at Montpelier in 1844. retary of the Treasury to mint coins in leagues share my desire to see Montpe- Thereafter, Montpelier changed hands commemoration of the 150th anniver- lier protected and have cosponsored six times before being purchased in 1900 sary of the death of Dolley Madison’’ H.R. 1684. As this coin required the ap- by the industrialist William Henry du- A motion to reconsider was laid on proval of the Citizen’s Commemorative Pont. Montpelier remained in private the table. Coin Advisory Committee, Representa- ownership until 1984 when, upon the f tive CASTLE, the chairman of the Sub- death of Marion duPont Scott, the es- committee on Domestic and Inter- tate was bequeathed to the National GEORGE WASHINGTON COMMEMO- national Monetary Policy, asked the Trust for Historic Preservation. In her RATIVE COIN ACT OF 1996 Coin Committee to review H.R. 1684. will, Ms. Scott directed the National Mr. CASTLE. Mr. Speaker, I move to The Citizen’s Commemorative Coin Trust to maintain Montpelier as, ‘‘an suspend the rules and pass the bill Advisory Committee found H.R. 1684 historic shrine * * * to James Madison (H.R. 2026) to require the Secretary of met all of its necessary criteria for ap- and his times.’’ the Treasury to mint coins in com- proval except one—the rule against Unfortunately, during the years of memoration of the 200th anniversary of honoring the same person twice in a private ownership, the physical struc- the death of George Washington, as period of 10 years. ture of Madison’s home fell into dis- amended. In 1993, James Madison was depicted repair. The Clerk read as follows: on a coin observing the bicentennial of The house appears sound at first H.R. 2026 the Bill of Rights. Recognizing the glance, however, there are many basic Be it enacted by the Senate and House of Rep- need to protect Montpelier, the Citi- structural repairs which are needed. resentatives of the United States of America in zen’s Commemorative Coin Advisory While the National Trust has invested Congress assembled, Committee unanimously approved an over $5 million in repairs, the develop- SECTION 1. SHORT TITLE. alternate proposal—a coin honoring ment and the operation of Montpelier This Act may be cited as the ‘‘George Dolley Madison in 1999, the 150th anni- as a museum and Presidential home, Washington Commemorative Coin Act of versary of her death. An amendment much work remains to be done. Be- 1996’’. was adopted at the subcommittee level cause of the property’s scale, many ad- SEC. 2. COIN SPECIFICATIONS. of H.R. 1684, which will instruct the ditional infrastructure and capital im- (a) $5 GOLD COINS.—The Secretary of the Treasury to mint a Dolley Madison provements still are needed for Mont- Treasury (hereafter in this Act referred to as Commemorative Coin in 1999. pelier to become fully adapted for pub- the ‘‘Secretary’’) shall mint and issue not A commemorative coin honoring lic use. more than 100,000 5 dollar coins, which shall— Dolley Madison would be the first coin It is these improvements which will (1) weigh 8.359 grams; to honor a First Lady. Furthermore, be undertaken with the proceeds from (2) have a diameter of 0.850 inches; and Dolley Madison would be only the third the Dolley Madison Commemorative (3) contain 90 percent gold and 10 percent woman to be so honored. I can think of Coin. With the funds from the minting alloy. no First Lady who deserves this honor of this coin in 1999, Montpelier will be (b) LEGAL TENDER.—The coins minted more. able to realize its full potential. under this Act shall be legal tender, as pro- Dolley Madison was the originator of Visitors arriving at Montpelier will vided in section 5103 of title 31, United States the role of First Lady as it exists be able to walk the grounds James Code. (c) NUMISMATIC ITEMS.—For purposes of today. She rejected the somewhat aloof Madison did as he formed the ideas section 5136 of title 31, United States Code, and monarchical role crafted by pre- which would become the principles on all coins minted under this Act shall be con- vious First Ladies and redefined the which our Nation is based. It was at sidered to be numismatic items. position to be as she was—democratic Montpelier where the ideas which be- SEC. 3. SOURCES OF BULLION. and accessible, yet always stylish and came the basis for the Federalist Pa- The Secretary shall obtain gold for mint- always elegant. pers and the Bill of Rights were ing coins under this Act pursuant to the au- By nature, kind and gracious—and formed. thority of the Secretary under other provi- married to a very shy man—Dolley With the passage of H.R. 1684, future sions of law. Madison took on the responsibility for generations will be able to visit Mont- SEC. 4. DESIGN OF COINS. crafting the social activities that are pelier and study the Madisons’ legacy. (a) DESIGN REQUIREMENTS.— so essential to the affairs of state. This I urge my colleagues to support H.R. (1) IN GENERAL.—The design of the coins was more than just throwing successful 1684 to ensure the Madisons’ home is minted under this Act shall be emblematic of George Washington. parties—it was a bridge between the of- protected for future generations. (2) DESIGNATION AND INSCRIPTIONS.—On ficial work of Washington and the pri- In closing, Mr. Speaker, I would like each coin minted under this Act there shall vate social life of the first couple. to thank Representative CASTLE for his be— She was such a compelling and popu- help on H.R. 1684 as well as bringing (A) a designation of the value of the coin; lar figure that she acted as hostess for this legislation before his subcommit- (B) an inscription of the year ‘‘1999’’; and H10484 CONGRESSIONAL RECORD — HOUSE September 17, 1996 (C) inscriptions of the words ‘‘Liberty’’, (1) full payment for the coin; (B) make a copy of the report available to ‘‘In God We Trust’’, ‘‘United States of Amer- (2) security satisfactory to the Secretary the public. ica’’, and ‘‘E Pluribus Unum’’. to indemnify the United States for full pay- (5) USE OF SURCHARGES FOR AUDITS.—The (b) SELECTION.—The design for the coins ment; or Association may use any amount received minted under this Act shall be— (3) a guarantee of full payment satisfac- from payments derived from the proceeds of (1) selected by the Secretary after con- tory to the Secretary from a depository in- any surcharge imposed on the sale of coins sultation with the Mount Vernon Ladies’ As- stitution whose deposits are insured by the issued under this Act to pay the cost of an sociation and the Commission of Fine Arts; Federal Deposit Insurance Corporation or audit required under paragraph (1). and the National Credit Union Administration (6) WAIVER OF SUBSECTION.—The Secretary (2) reviewed by the Citizens Commemora- Board. of the Treasury may waive the application of tive Coin Advisory Committee. SEC. 10. CONDITIONS ON PAYMENT OF SUR- any paragraph of this subsection to the Asso- SEC. 5. ISSUANCE OF COINS. CHARGES. ciation for any fiscal year after taking into (a) QUALITY OF COINS.—Coins minted under (a) PAYMENT OF SURCHARGES.—Notwith- account the amount of surcharges which the this Act shall be issued in uncirculated and standing any other provision of law, no Association received or expended during proof qualities. amount derived from the proceeds of any such year. (b) MINT FACILITY.—Only 1 facility of the surcharge imposed on the sale of coins issued (7) AVAILABILITY OF BOOKS AND RECORDS.— United States Mint may be used to strike under this Act shall be paid to the Associa- The Association shall provide, as a condition any particular quality of the coins minted tion unless— for receiving any payment derived from the under this Act. (1) all numismatic operation and program proceeds of any surcharge imposed on the (c) COMMENCEMENT OF ISSUANCE.—The Sec- costs allocable to the program under which sale of coins issued under this Act, to the In- retary shall issue coins minted under this such coins are produced and sold have been spector General of the Department of the Act beginning May 1, 1999. recovered; and Treasury or the Comptroller General of the (d) TERMINATION OF MINTING AUTHORITY.— (2) the Association submits an audited fi- United States, upon the request of such In- No coins may be minted under this Act after nancial statement which demonstrates to spector General or the Comptroller General, November 31, 1999. the satisfaction of the Secretary of the all books, records, and workpapers belonging SEC. 6. SALE OF COINS. Treasury that, with respect to all projects or to or used by the Association, or by any (a) SALE PRICE.—The coins issued under purposes for which the proceeds of such sur- independent public accountant who audited this Act shall be sold by the Secretary at a charge may be used, the Association has the Association in accordance with para- price equal to the sum of— raised funds from private sources for such graph (1), which may relate to the receipt or (1) the face value of the coins; projects and purposes in an amount which is expenditure of any such amount by the Asso- (2) the surcharge provided in subsection (d) equal to or greater than the maximum ciation. with respect to such coins; and amount the Association may receive from (c) USE OF AGENTS OR ATTORNEYS TO INFLU- (3) the cost of designing and issuing the the proceeds of such surcharge. ENCE COMMEMORATIVE COIN LEGISLATION.—No coins (including labor, materials, dies, use of (b) ANNUAL AUDITS.— portion of any payment to the Association machinery, overhead expenses, marketing, (1) ANNUAL AUDITS OF RECIPIENTS RE- from amounts derived from the proceeds of and shipping). QUIRED.—The Association shall provide, as a surcharges imposed on the sale of coins is- (b) BULK SALES.—The Secretary shall condition for receiving any amount derived sued under this Act may be used, directly or make bulk sales of the coins issued under from the proceeds of any surcharge imposed indirectly, by the Association to compensate this Act at a reasonable discount. on the sale of coins issued under this Act, for any agent or attorney for services rendered (c) PREPAID ORDERS.— an annual audit, in accordance with gen- to support or influence in any way legisla- (1) IN GENERAL.—The Secretary shall ac- erally accepted government auditing stand- tive action of the Congress relating to the cept prepaid orders for the coins minted ards by an independent public accountant se- coins minted and issued under this Act. under this Act before the issuance of such lected by the Association, of all such pay- The SPEAKER pro tempore. Pursu- coins. ments to the Association beginning in the ant to the rule, the gentleman from (2) DISCOUNT.—Sale prices with respect to first fiscal year of the Association in which Delaware [Mr. CASTLE] and the gen- prepaid orders under paragraph (1) shall be any such amount is received and continuing tleman from New York [Mr. FLAKE] at a reasonable discount. until all such amounts received by the Asso- (d) SURCHARGES.—All sales shall include a ciation with respect to such surcharges are each will control 20 minutes. surcharge of $35 per coin. fully expended or placed in trust. The Chair recognizes the gentleman SEC. 7. GENERAL WAIVER OF PROCUREMENT (2) MINIMUM REQUIREMENTS FOR ANNUAL AU- from Delaware [Mr. CASTLE]. REGULATIONS. DITS.—At a minimum, each audit of the As- Mr. CASTLE. Mr. Speaker, I yield (a) IN GENERAL.—Except as provided in sociation pursuant to paragraph (1) shall re- myself such time as I may consume. subsection (b), no provision of law governing port— Mr. Speaker, the next bill of this se- procurement or public contracts shall be ap- (A) the amount of payments received by plicable to the procurement of goods and ries is H.R. 2026, a bill to require the the Association during the fiscal year of the Secretary of the Treasury to mint services necessary for carrying out the provi- Association for which the audit is conducted sions of this Act. which are derived from the proceeds of any 100,000 $5 gold coins in commemoration (b) EQUAL EMPLOYMENT OPPORTUNITY.— surcharge imposed on the sale of coins issued of the 200th anniversary of the death of Subsection (a) shall not relieve any person under this Act; George Washington. The beneficiaries entering into a contract under the authority (B) the amount expended by the Associa- of this coin’s surcharges will be the La- of this Act from complying with any law re- tion from the proceeds of such surcharges dies of Mount Vernon who look after lating to equal employment opportunity. during the fiscal year of the Association for the memory of our first President and SEC. 8. DISTRIBUTION OF SURCHARGES. which the audit is conducted; and work to preserve the physical plant of Subject to section 10(a), all surcharges re- (C) whether all expenditures by the Asso- his home at Mount Vernon. This coin ceived by the Secretary from the sale of ciation from the proceeds of such surcharges coins issued under this Act shall be promptly during the fiscal year of the Association for has been on the recommended list of paid by the Secretary to the Mount Vernon which the audit is conducted were for au- the Citizens Commemorative Coin Ad- Ladies’ Association (hereafter in this Act re- thorized purposes. visory Committee since their annual ferred to as the ‘‘Association’’) and shall be (3) RESPONSIBILITY OF ASSOCIATION TO AC- report of 1994. This year it gained the used— COUNT FOR EXPENDITURES OF SURCHARGES.— cosponsorship of over 300 members and (1) to supplement the Association’s endow- The Association shall take appropriate steps, is presented to this House free of any ment for the purpose of providing a perma- as a condition for receiving any payment of controversy. nent source of support for the preservation any amount derived from the proceeds of any Mr. Speaker, I reserve the balance of of George Washington’s home; and surcharge imposed on the sale of coins issued (2) to provide financial support for the con- under this Act, to ensure that the receipt of my time. tinuation and expansion of the Association’s the payment and the expenditure of the pro- Mr. FLAKE. Mr. Speaker, I yield my- efforts to educate the American public about ceeds of such surcharge by the Association in self such time as I may consume. George Washington. each fiscal year of the Association can be ac- Mr. Speaker, I offer my support for SEC. 9. FINANCIAL ASSURANCES. counted for separately from all other reve- this bill, and will urge my colleagues (a) NO NET COST TO THE GOVERNMENT.—The nues and expenditures of the Association. to do the same. H.R. 2026, like H.R. Secretary shall take such actions as may be (4) SUBMISSION OF AUDIT REPORT.—Not later 1684, has met all the criteria for favor- necessary to ensure that minting and issuing than 90 days after the end of any fiscal year able consideration. It commemorates a coins under this Act will not result in any of the Association for which an audit is re- net cost to the United States Government. quired under paragraph (1), the Association significant figure on a significant date; (b) PAYMENT FOR COINS.—A coin shall not shall— it will ensure that the mint recovers be issued under this Act unless the Secretary (A) submit a copy of the report to the Sec- its costs; and it has been endorsed by has received— retary of the Treasury; and the CCCAC. Moreover, by passing this September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10485 legislation, we will ensure the contin- strived to do what was best for his Na- would have been much earlier in my power, ued success of George Washington’s tion. The commemorative coin will consistently with motives which I was not at Mount Vernon residence, which as we renew in Washington’s vast achieve- liberty to disregard, to return to that retire- ment from which I had been reluctantly all know, is one the Capital region’s ments while supporting broad-based drawn. The strength of my inclination to do most popular historical tourist attrac- educational programs designed to this, previous to the last election, had even tions. reach millions of Americans. led to the preparation of an address to de- I will close by congratulating our Historic Mount Vernon is ideally clare it to you; but mature reflection on the colleagues, Mr. MORAN and Mr. DAVIS suited to organize and implement an then perplexed and critical posture of our af- of northern Virginia, for their assist- ongoing educational program in 1999. fairs with foreign nations, and the unani- ance in garnering the bipartisan sup- To date, more than 65 million visitors mous advice of persons entitled to my con- fidence, impelled me to abandon the idea. port needed for committee consider- have toured Washington’s home. Mil- I rejoice that the state of your concerns ation; for not only is this a northern lions more have been educated through external as well as internal, no longer ren- Virginian treasure, it is also an asset classroom kits, television and radio ders the pursuit of inclination incompatible that our Nation must always support. programs, publications, and special with the sentiment of duty or propriety; and Mr. Speaker, I reserve the balance of field trips. In 1999 Mount Vernon is am persuaded, whatever partiality may be my time. planning scholarly conferences, a retained for my services, that in the present circumstances of our country, you will not Mr. CASTLE. Mr. Speaker, I yield major traveling exhibit, several new disapprove my determination to retire. such time as he may consume to the publications and a host of other pro- The impressions with which I first under- gentleman from Virginia [Mr. DAVIS]. grams which will touch the hearts and took the arduous trust, were explained on Mr. DAVIS. Mr. Speaker, since the minds of all Americans. the proper occasion. In the discharge of this beginning of the 104th Congress, I have As we approach the new millennium trust, I will only say that I have, with good been working with the entire Virginia it is imperative that we, as Americans, intentions, contributed towards the organi- zation and administration of the govern- delegation to move this important not lose sight of the monumental con- ment, the best exertions of which a very fal- piece of legislation through Congress. tributions made by George Washington lible judgment was capable. Not unconscious With the assistance of my fellow Vir- to our Nation. in the outset, of the inferiority of my quali- ginian, Congressman JIM MORAN, and In an eulogy delivered several days fications, experience, in my own eyes, per- other cosponsors, H.R. 2062, the George after his death, Henry Light-Horse haps still more in the eyes of others, has Washington Commemorative Coin Act Harry Lee said that George Washing- strengthened the motives to diffidence of of 1996, has gained broad bipartisan ton was a citizen first in war, first in myself; and, every day, the increasing weight of years admonishes me more and more, that support in the House. peace, and first in the hearts of his the shade of retirement is as necessary to me It is especially fitting that the House countrymen. By moving this com- as it will be welcome. Satisfied that if any pass this legislation honoring George memorative coin forward, we will help circumstances have given peculiar value to Washington on this date, for it was on to ensure that future generations of my services they were temporary, I have the September 17, 1796, 200 year ago today, Americans truly understand this state- consolation to believe that, while choice and that he authored his farewell address ment. prudence invite me to quit the political upon his retirement from government, I would also like to extend my sin- scene, patriotism does not forbid it. In looking forward to the moment which is warning our Nation of the dangers of cere appreciation to the Citizens Com- to terminate the career of my political life, factions or partisanship and national memorative Coin Advisory Committee, my feelings do not permit me to suspend the deficits. and to the gentleman from Delaware deep acknowledgment of that debt of grati- H.R. 2062 authorizes the Secretary of [Mr. CASTLE] and his subcommittee, tude which I owe to my beloved country, for the Treasury to issue 100,000 $5 gold and the ranking member, the gen- the many honors it has conferred upon me; coins in commemoration of the bicen- tleman from New York [Mr. FLAKE] for still more for the steadfast confidence with tennial of George Washington’s death their efforts with the commemorative which it has supported me; and for the op- portunities I have thence enjoyed of mani- in 1799. coin program and for supporting the festing my inviolable attachment, by serv- The theme of the coin, and it is going George Washington Commemorative ices faithful and persevering, though in use- to be issued in 1999, the theme of the Coin Act of 1996. fulness unequal to my zeal. If benefits have coin will commemorate an important Mr. Speaker, I include for the resulted to our country from these services, national historical figure on an anni- RECORD Washington’s Farewell Ad- let it always be remembered to your praise, versary of great national significance. dress. and as an instructive example in our annals, that under circumstances in which the pas- The proceeds of the coin will benefit To the people of the United States. sions, agitated in every direction, were liable historic Mount Vernon which welcomes FRIENDS AND FELLOW CITIZENS: The period to mislead amidst appearances sometimes over 1 million visitors annually from for a new election of a citizen to administer dubious, vicissitudes of fortune often dis- every State in the Union. Although the executive government of the United couraging—in situations in which not George Washington’s image continues States being not far distant, and the time ac- unfrequently, want of success has coun- to be one of the most familiar in our tually arrived when your thoughts must be tenanced the spirit of criticism,—the con- employed in designating the person who is to Nation, Americans are gradually losing stancy of your support was the essential prop be clothed with that important trust, it ap- of the efforts, and a guarantee of the plans, touch with the accomplishments, the pears to me proper, especially as it may con- character and the leadership of this by which they were effected. Profoundly pen- duce to a more distinct expression of the etrated with this idea, I shall carry it with singularly American hero. public voice, that I should now apprise you me to my grave, as a strong incitement to Washington’s service to the Nation of the resolution I have formed, to decline unceasing vows that heaven may continue to goes far beyond his remarkable leader- being considered among the number of those, you the choicest tokens of its beneficence— ship during the Revolutionary War and out of whom a choice is to be made. that your union and brotherly affection may his precedent-setting first term as the I beg you, at the same time, to do me the be perpetual—that the free constitution, justice to be assured, that this resolution which is the work of your hands, may be sa- President of the United States. Wash- has not been taken, without strict regard to ington was also considered the first credly maintained—that its administration all the considerations appertaining to the re- in every department may be stamped with farmer of America, a conservationist lation which binds a dutiful citizen to his wisdom and virtue—that, in fine, the happi- and environmentalist far ahead of his country; and that, in withdrawing the tender ness of the people of these states, under the time. of service which silence in my situation auspices of liberty, may be made complete He helped to found the Nation’s Cap- might imply, I am influenced by no diminu- by so careful a preservation, and so prudent ital. He supported education with both tion of zeal for your future interest; no defi- a use of this blessing, as will acquire to them political influence and personal dona- ciency of grateful respect for your past kind- the glory of recommending it to the ap- ness; but am supported by a full conviction tions, and he sent an important mes- plause, the affection and adoption of every that the step is compatible with both. nation which is yet a stranger to it. sage to the entire world when he freed The acceptance of, and continuance hith- Here, perhaps, I ought to stop. But a solici- his slaves in his will. erto in the office to which your suffrages tude for your welfare, which cannot end but b 1745 have twice called me, have been a uniform with my life, and the apprehension of danger, sacrifice of inclination to the opinion of natural to that solicitude, urge me, on an oc- Washington was not just a great duty, and to a deference for what appeared to casion like the present, to offer to your sol- man, he was a good man who always be your desire. I constantly hoped that it emn contemplation, and to recommend to H10486 CONGRESSIONAL RECORD — HOUSE September 17, 1996 your frequent review, some sentiments itself is unequally adapted. The East, in a and in the unanimous ratification by the which are the result of much reflection, of no like intercourse with the West, already finds, senate of the treaty with Spain, and in the inconsiderable observation, and which ap- and in the progressive improvement of inte- universal satisfaction at the event through- pear to me all important to the permanency rior communications by land and water, will out the United States, a decisive proof how of your felicity as a people. These will be of- more and more find a valuable vent for the unfounded were the suspicions propagated fered to you with the more freedom, as you commodities which it brings from abroad, or among them of a policy in the general gov- can only see in them the disinterested manufactures at home. The West derives ernment and in the Atlantic states, un- warnings of a parting friend, who can pos- from the East supplies requisite to its growth friendly to their interests in regard to the sibly have no personal motive to bias his and comfort—and what is perhaps of still Mississippi. They have been witnesses to the counsel. Nor can I forget, as an encourage- greater consequence, it must of necessity formation of two treaties, that with Great ment to it, your indulgent reception of my owe the secure enjoyment of indispensable Britain and that with Spain, which secure to sentiments on a former and not dissimilar outlets for its own productions, to the weight, them everything they could desire, in re- occasion. influence, and the future maritime strength spect to our foreign relations, towards con- Interwoven as is the love of liberty with of the Atlantic side of the Union, directed by firming their prosperity. Will it not be their every ligament of your hearts, no rec- an indissoluble community of interest as one wisdom to rely for the preservation of these ommendation of mine is necessary to fortify nation. Any other tenure by which the West advantages on the union by which they were or confirm the attachment. can hold this essential advantage, whether procured? will they not henceforth be deaf to The unity of government which constitutes derived from its own separate strength; or those advisers, if such they are, who would you one people, is also now dear to you. It is from an apostate and unnatural connection sever them from their brethren and connect justly so; for it is a main pillar in the edifice with any foreign power, must be intrinsi- them with aliens? of your real independence; the support of cally precarious. To the efficacy and permanency of your your tranquility at home: your peace abroad; While then every part of our country thus Union, a government for the whole is indis- of your safety; of your prosperity; of that feels an immediate and particular interest in pensable. No alliances, however strict, be- very liberty which you so highly prize. But, union, all the parts combined cannot fail to tween the parts can be an adequate sub- as it is easy to foresee that, from different find in the united mass of means and efforts, stitute; they must inevitably experience the causes and from different quarters much greater strength, greater resource propor- infractions and interruptions which all alli- pains will be taken, many artifices em- tionably greater security from external dan- ances, in all times, have experienced. Sen- ployed, to weaken in your minds the convic- ger, a less frequent interruption of their sible of this momentous truth, you have im- tion of this truth; as this is the point in your peace by foreign nations; and, what is of in- proved upon your first essay, by the adoption political fortress against which the batteries estimable value, they must derive from of a constitution of government, better cal- of internal and external enemies will be union, an exemption from those broils and culated than your former, for an intimate most constantly and actively (though often wars between themselves, which so fre- union, and for the efficacious management of covertly and insidiously) directed; it is of in- quently afflict neighboring countries not your common concerns. This government, finite movement, that you should properly tied together by the same government; the offspring of our own choice, uninfluenced estimate the immense value of your national which their own rivalship alone would be suf- and unawed, adopted upon full investigation union to your collective and individual hap- ficient to produce, but which opposite for- and mature deliberation, completely free in piness; that you should cherish a cordial, ha- eign alliances, attachments, and intrigues, its principles, in the distribution of its pow- bitual, and immovable attachment to it; ac- would stimulate and embitter. Hence like- ers, uniting security with energy, and con- customing yourselves to think and speak of wise, they will avoid the necessity of those taining within itself a provision for its own it as of the palladium of your political safety overgrown military establishments, which amendment, has a just claim to your con- and prosperity; watching for its preservation under any form of government are inauspi- fidence and your support. Respect for its au- with jealous anxiety; discountenancing cious to liberty, and which are to be re- thority, compliance with its laws, acquies- whatever may suggest even a suspicion that garded as particularly hostile to republican cence in its measures, are duties enjoined by it can, in any event, be abandoned; and in- liberty. In this sense it is, that your union the fundamental maxims of true liberty. The dignantly frowning upon the first dawning of ought to be considered as a main prop of basis of our political systems is the right of every attempt to alienate any portion of our your liberty, and that the love of the one the people to make and to alter their con- country from the rest, or to enfeeble the sa- ought to endear to you the preservation of stitutions of government. But the constitu- cred ties which now link together the var- the other. tion which at any time exists, until changed ious parts. These considerations speak a persuasive by an explicit and authentic act of the whole For this you have every inducement of language to every reflecting and virtuous people, is sacredly obligatory upon all. The sympathy and interest. Citizens by birth, or mind, and exhibit the continuance of the very idea of the power, and the right of the choice, of a common country, that country union as a primary object of patriotic desire. people to establish government, presupposes has a right to concentrate your affections. Is there a doubt whether a common govern- the duty of every individual to obey the es- The name of American, which belongs to you ment can embrace so large a sphere? Let ex- tablished government. in your national capacity, must always exalt perience solve it. To listen to mere specula- All obstructions to the execution of the the just pride of patriotism, more than any tion in such a case were criminal. We are au- laws, all combinations and associations appellation derived from local discrimina- thorized to hope that a proper organization under whatever plausible character, with the tions. With slight shades of difference, you of the whole, with the auxiliary agency of real design to direct, control, counteract, or have the same religion, manners, habits, and governments for the respective subdivisions, awe the regular deliberations and action of political principles. You have, in a common will afford a happy issue to the experiment. the constituted authorities, are destructive cause, fought and triumphed together; the It is well worth a fair and full experiment. of this fundamental principle, and of fatal independence and liberty you possess, are With such powerful and obvious motives to tendency. They serve to organize faction, to the work of joint counsels, and joint efforts, union, affecting all parts of our country, give it an artificial and extraordinary force, of common dangers, sufferings and successes. while experience shall not have dem- to put in the place of the delegated will of But these considerations, however power- onstrated its impracticability, there will al- the nation the will of party, often a small fully they address themselves to your sen- ways be reason to distrust the patriotism of but artful and enterprising minority of the sibility, are greatly outweighed by those those who, in any quarter, may endeavor to community; and, according to the alternate which apply more immediately to your inter- weaken its hands. triumphs of different parties, to make the est. Here, every portion of our country finds In contemplating the causes which may public administration the mirror of the ill the most commanding motives for carefully disturb our Union, it occurs as matter of se- concerted and incongruous projects of fac- guarding and preserving the union of the rious concern, that any ground should have tion, rather than the organ of consistent and whole. been furnished for characterizing parties by wholesome plans digested by common coun- The North, in an unrestrained intercourse geographical discriminations—Northern and cils, and modified by mutual interests. with the South, protected by the equal laws Southern—Atlantic and Western; whence de- However combinations or associations of of a common government, finds in the pro- signing men may endeavor to excite a belief the above description may now and then an- ductions of the latter, great additional re- that there is a real difference of local inter- swer popular ends, they are likely, in the sources of maritime and commercial enter- ests and views. One of the expedients of course of time and things, to become potent prise, and precious materials of manufactur- party to acquire influence within particular engines, by which cunning, ambitious, and ing industry. The South, in the same inter- districts, is to misrepresent the opinions and unprincipled men, will be enable to subvert course, benefiting by the same agency of the aims of other districts. You cannot shield the power of the people, and to usurp for North, sees its agriculture grow and its com- yourself too much against the jealousies and themselves the reigns of government; de- merce expand. Turning partly into its own heart burnings which spring from these mis- stroying afterwards the very engines which channels the seamen of the North, it finds its representations: they tend to render alien to have lifted them to unjust dominion. particular navigation invigorated; and while each other those who ought to be bound to- Towards the preservation of your govern- it contributes, in different ways, to nourish gether by fraternal affection. The inhab- ment and the permanency of your present and increase the general mass of the na- itants of our western country have lately happy state, it is requisite, not only that you tional navigation, it looks forward to the had a useful lesson on this head: they have steadily discountenance irregular opposition protection of a maritime strength, to which seen, in the negotiation by the executive, to its acknowledged authority, but also that September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10487 you resist with care the spirit of innovation upon the spirit of party. But in those of the danger, frequently prevent much greater dis- upon its principles, however specious the popular character, in governments purely bursements to repel it; avoiding likewise the pretext. One method of assault may be to ef- elective, it is a spirit not to be encouraged. accumulation of debt, not only by shunning fect, in the forms of the constitution, alter- From their natural tendency, it is certain occasions of expense, but by vigorous exer- ations which will impair the energy of the there will always be enough of that spirit for tions, in time of peace, to discharge the system; and thus to undermine what cannot every salutary purpose. And there being con- debts which unavoidable wars may have oc- be directly overthrown. In all the changes to stant danger of excess, the effort ought to casioned, not ungenerously throwing upon which you may be invited, remember that be, by force of public opinion, to mitigate posterity the burden which we ourselves time and habit are at least as necessary to and assuage it. A fire not to be quenched, it ought to bear. The execution of these max- fix the true character of governments, as of demands a uniform vigilance to prevent it ims belongs to your representatives, but it is other human institutions: that experience is bursting into a flame, lest instead of warm- necessary that public opinion should cooper- the surest standard by which to test the real ing, it should consume. ate. To facilitate to them the performance of tendency of the existing constitution of a It is important likewise, that the habits of their duty, it is essential that you should country: that facility in changes, upon the thinking in a free country should inspire practically bear in mind, that towards the credit of mere hypothesis and opinion, ex- caution in those intrusted with its adminis- payment of debts there must be revenue; poses to perpetual change from the endless tration, to confine themselves within their that to have revenue there must be taxes; variety of hypothesis and opinion: and re- respective constitutional spheres, avoiding that no taxes can be devised which are not member, especially, that for the efficient in the exercise of the powers of one depart- more or less inconvenient and unpleasant; management of your common interests in a ment, to encroach upon another. The spirit that the intrinsic embarrassment insepa- country so extensive as ours, a government of encroachment tends to consolidate the rable from the selection of the proper object of as much vigor as is consistent with the powers of all the departments in one, and (which is always a choice of difficulties), perfect security of liberty is indispensable. thus to create, whatever the form of govern- ought to be a decisive motive for a candid Liberty itself will find in such a government, ment, a real despotism. A just estimate of construction of the conduct of the govern- with powers properly distributed and ad- that love of power and proneness to abuse it ment in making it, and for a spirit of acqui- justed, its surest guardian. It is, indeed, lit- which predominate in the human heart, is escence in the measures for obtaining reve- tle else than a name, where the government sufficient to satisfy us of the truth of this nue, which the public exigencies may at any is too feeble to withstand the enterprises of position. The necessity of reciprocal checks time debate. fraction, to confine each member of the soci- in the exercise of political power, by dividing Observe good faith and justice towards all ety within the limits prescribed by the laws, and distributing it into different deposi- nations; cultivate peace and harmony with and to maintain all in the secure and tran- tories, and constituting each the guardian of all. Religion and morality enjoin this con- quil enjoyment of the rights of person and the public weal against invasions of the oth- duct, and can it be that good policy does not property. ers, has been evinced by experiments ancient equally enjoin it? It will be worthy of a free, I have already intimated to you the danger and modern: some of them in our country enlightened, and, at no distant period, a of parties in the state, with particular ref- and under our own eyes. To preserve them great nation, to give to mankind the mag- erences to the founding them on geographi- must be as necessary as to institute them. If, nanimous and too novel example of a people cal discrimination. Let me now take a more in the opinion of the people, the distribution always guided by an exalted justice and be- comprehensive view, and warn you in the or modification of the constitutional powers nevolence. Who can doubt but, in the course most solemn manner against the baneful ef- be in any particular wrong, let it be cor- of time and things, the fruits of such a plan fects of the spirit of party generally. rected by an amendment in the way which would richly repay any temporary advan- This spirit, unfortunately, is inseparable the constitution designates. But let there be tages which might be lost by a steady adher- from our nature, having its root in the no change by usurpation; for through this, in ence to it; can it be that Providence has not strongest passions of the human mind. It ex- one instance, may be the instrument of good, connected the permanent felicity of a nation ists under different shapes in all govern- it is the customary weapon by which free with its virtue? The experiment, at least, is ments, more or less stifled, controlled, or re- governments are destroyed. The precedent recommended by every sentiment which en- pressed; but in those of the popular form it must always greatly overbalance in perma- nobles human nature. Alas! Is it rendered is seen in its greatest rankness, and is truly nent evil, any partial or transient benefit impossible by its vices? their worst enemy. which the use can at any time yield. In the execution of such a plan, nothing is The alternate domination of one faction Of all the dispositions and habits which more essential than that permanent, invet- over another, sharpened by the spirit of re- lead to political prosperity, religion and mo- erate antipathies against particular nations venge natural to party dissension, which in rality are indispensable supports. In vain and passionate attachment for others, should different ages and countries has perpetrated would that man claim the tribute of patriot- be excluded; and that, in place of them, just the most horrid enormities, is itself a fright- ism, who should labor to subvert these great and amicable feelings towards all should be ful despotism. But this leads at length to a pillars of human happiness, these firmest cultivated. The nation which indulges to- more formal and permanent despotism. The props of the duties of men and citizens. The wards another an habitual hatred, or an ha- disorders and miseries which result, gradu- mere politician, equally with the pious man, bitual fondness, is in some degree a slave. It ally incline the minds of men to seek secu- ought to respect and to cherish them. A vol- is a slave to its animosity, or to its affec- rity and repose in the absolute power of an ume could not trace all their connections tion, either of which is sufficient to lead it individual; and, sooner or later, the chief of with private and public felicity. Let it sim- astray from its duty and its interest. Antip- some prevailing faction, more able or more ply be asked, where is the security for prop- athy in one nation against another, disposes fortunate than his competitors, turns this erty, for reputation, for life, if the sense of each more readily to offer insult and injury, disposition to the purpose of his own ele- religious obligation desert the oaths which to lay hold of slight causes of umbrage, and vation on the ruins of public liberty. are the instruments of investigation in to be haughty and intractable when acciden- Without looking forward to an extremity courts of justice? And let us with caution in- tal or trifling occasions of dispute occur. of this kind, (which nevertheless ought not dulge the supposition that morality can be Hence, frequent collisions, obstinate, to be entirely out of sight) the common and maintained without religion. Whatever may envenomed, and bloody contests. The nation, continual mischiefs of the spirit of party are be conceded to the influence of refined edu- prompted by ill will and resentment, some- sufficient to make it in the interest and duty cation on minds of peculiar structure, reason times impels to war the government, con- of a wise people to discourage and restrain and experience both forbid us to expect, that trary to the best calculations of policy. The it. national morality can prevail in exclusion of government sometimes participates in the It serves always to distract the public religious principle. national propensity, and adopts through pas- councils, and enfeeble the public administra- It is substantially true, that virtue or mo- sion what reason would reject; at other tion. It agitates the community with ill rality is a necessary spring of popular gov- times, it makes the animosity of the na- founded jealousies and false alarms; kindles ernment. The rule, indeed, extends with tion’s subservient to projects of hostility, in- the animosity of one part against another; more or less force to every species of free stigated by pride, ambition, and other sin- foments occasional riot and insurrection. It government. Who that is a sincere friend to ister and pernicious motives. The peace opens the door to foreign influence and cor- it can look with indifference upon attempts often, sometimes perhaps the liberty of na- ruption, which finds a facilitated access to to shake the foundation of the fabric? tions, has been the victim. the government itself through the channels Promote, then, as an object of primary im- So likewise, a passionate attachment of of party passions. Thus the policy and the portance, institutions for the general diffu- one nation for another produces a variety of will of one country are subjected to the pol- sion of knowledge. In proportion as the evils. Sympathy for the favorite nation, fa- icy and will of another. structure of a government gives force to pub- cilitating the illusion of an imaginary com- There is an opinion that parties in free lic opinion, it should be enlightened. mon interest, in cases where no real common countries are useful checks upon the admin- As a very important source of strength and interest exists, and infusing into one the en- istration of the government, and serve to security, cherish public credit. One method mities of the other, betrays the former into keep alive the spirit of liberty. This within of preserving it is to use it as sparingly as a participation in the quarrels and wars of certain limits is probably true; and in gov- possible, avoiding occasions of expense by the latter, without adequate inducements or ernments of a monarchial cast, patriotism cultivating peace, but remembering, also, justifications. It leads also to concessions, to may look with indulgence, if not with favor, that timely disbursements, to prepare for the favorite nation, or privileges denied to H10488 CONGRESSIONAL RECORD — HOUSE September 17, 1996 others, which is apt doubly to injure the na- liberty to do it; for let me not be understood this occasion to detail. I will only observe tion making the concessions, by unneces- as capable of patronizing infidelity to exist- that, according to my understanding of the sarily parting with what ought to have been ing engagements. I hold the maxim no less matter, that right, so far from being denied retained, and by exciting jealously, ill will, applicable to public than private affairs, by any of the belligerent powers, has been and a disposition to retaliate in the parties that honesty is always the best policy. I re- virtually admitted by all. from whom equal privileges are withheld; peat it, therefore, let those engagements be The duty of holding a neutral conduct may and it gives to ambitious, corrupted or de- observed in their genuine sense. But in my be inferred, without any thing more, from luded citizens who devote themselves to the opinion, it is unnecessary, and would be un- the obligation which justice and humanity favorite nation, facility to betray or sac- wise to extend them. impose on every nation, in cases in which it rifice the interests of their own country, Taking care always to keep ourselves by is free to act, to maintain inviolate the rela- without odium, sometimes even with popu- suitable establishments, on a respectable de- tions of peace and amity towards other na- larity; gilding with the appearances of virtu- fensive posture, we may safely trust to tem- tions. ous sense of obligation, a commendable def- porary alliances for extraordinary emer- The inducements of interest for observing erence for public opinion, or a laudable zeal gencies. that conduct will best be referred to your for public good, the base or foolish compli- Harmony, and a liberal intercourse with own reflections and experience. With me, a ances of ambition, corruption, or infatu- all nations, are recommended by policy, hu- predominant motive has been to endeavor to ation. manity, and interest. But even our commer- gain time to our country to settle and ma- As avenues to foreign influence in innu- cial policy should hold an equal and impar- ture its yet recent institutions, and to merable ways, such attachments are particu- tial hand; neither seeking nor granting ex- progress, without interruption, to that de- larly alarming to the truly enlightened and clusive favors or preferences; consulting the gree of strength, and consistency which is independent patriot. How many opportuni- natural course of things; diffusing and diver- necessary to give it, humanly speaking, the ties do they afford to tamper with domestic sifying by gentle means the streams of com- command of its own fortunes. factions, to practice the arts of seduction, to merce, but forcing nothing; establishing with Though in reviewing the incidents of my mislead public opinion, to influence or awe powers so disposed, in order to give trade a administration, I am unconscious of inten- the public councils! Such an attachment of a stable course, to define the rights of our tional error, I am nevertheless too sensible small or weak, towards a great and powerful merchants, and to enable the government to of my defects not to think it probable that I nation, dooms the former to be the satellite support them, conventional rules of inter- may have committed many errors. Whatever of the latter. course, the best that present circumstances they may be, I fervently beseech the Al- Against the insidious wiles of foreign influ- and mutual opinion will permit, but tem- mighty to avert or mitigate the evils to ence, (I conjure you to believe me fellow citi- porary, and liable to be from time to time which they may tend. I shall also carry with zens,) the jealousy of a free people ought to abandoned or varied as experience and cir- me the hope that my country will never be constantly awake; since history and expe- cumstances shall dictate; constantly keeping cease to view them with indulgence; and rience prove, that foreign influence is one of in view, that it is folly in one nation to look that, after forty-five years of my life dedi- the most baneful foes of republican govern- for disinterested favors from another; that is cated to its service, with an upright zeal, the ment. But that jealously, to be useful, must must pay with a portion of its independence faults of incompetent abilities will be con- be impartial, else it becomes the instrument for whatever it may accept under that char- signed to oblivion, as myself must soon be to of the very influence to be avoided, instead acter; that by such acceptance, it may place the mansions of rest. of a defense against it. Excessive partiality itself in the condition of having given Relying on its kindness in this as in other for one foreign nation and excessive dislike equivalents for nominal favors, and yet of things, and actuated by that fervent love to- being reproached with ingratitude for not for another, cause those whom they actuate wards it, which is so natural to a man who giving more. There can be no greater error to see danger only on one side, and serve to views in it the native soil of himself and his than to expect, or calculate upon real favors veil and even second the arts of influence on progenitors for several generations; I antici- from nation to nation. It is an illusion which the other. Real patriots, who may resist the pate with pleasing expectation that in which experience must cure, which a just pride intrigues of the favorite, are liable to be- I promise myself to realize, without alloy, ought to discard. the sweet enjoyment of partaking, in the come suspected and odious; while its tools In offering to you, my countrymen, these midst of my fellow citizens, the benign influ- and dupes usurp the applause and confidence counsels of an old and affectionate friend, I ence of good laws under a free government— of the people, to surrender their interests. dare not hope they will make the strong and The great rule of conduct for us, in regard the ever favorite object of my heart, and the lasting impression I could wish; that they to foreign nations, is, in extending our com- will control the usual current of the pas- happy reward, as I trust, of our mutual mercial relations, to have with them as little sions, or prevent our nation from running cares, labors and dangers. political connection as possible. So far as we the course which has hitherto marked the GEO. WASHINGTON. have already formed engagements, let them UNITED STATES, destiny of nations, but if I may even flatter 17th September, 1796. be fulfilled with perfect good faith. Here let myself that they may be productive of some us stop. partial benefit, some occasional good; that Mr. FLAKE. Mr. Speaker, I yield Europe has a set of primary interests, they may now and then recur to moderate such time as he may consume to the which to us have none, or a very remote rela- the fury of party spirit, to warn against the gentleman from northern Virginia [Mr. tion. Hence, she must be engaged in frequent mischiefs of foreign intrigue, to guard controversies, the causes of which are essen- MORAN]. against the impostures of pretended patriot- Mr. MORAN. Mr. Speaker, I thank tially foreign to our concerns. Hence, there- ism; this hope will be a full recompense for fore, it must be unwise in us to implicate my distinguished colleagues and the solicitude for your welfare by which they friends, the gentleman from New York ourselves, by artificial ties, in the ordinary have been dictated. vicissitudes of her politics, or the ordinary How far, in the discharge of my official du- [Mr. FLAKE] and the gentleman from combinations and collisions of her friend- ties, I have been guided by the principles Virginia [Mr. DAVIS], for working with ships or enmities. which have been delineated, the public me in a bipartisan way to get this au- Our detached and distant situation invites records and other evidences of my conduct thorization to mint 100,000 gold $5 and enables us to pursue a different course. must witness to you and to the world. To If we remain one people, under an efficient coins. They will be minted in 1999, com- myself, the assurance of my own conscience memorating the 200th anniversary of government, the period is not far off when is, that I have, at least, believed myself to be we may defy material injury from external guided by them. the death of George Washington, our annoyance; when we may take such an atti- In relation to the still subsisting war in first President. tude as will cause the neutrality we may at Europe, my proclamation of the 22d of April, I think I can speak for Mr. DAVIS and any time resolve upon, to be scrupulously re- 1793, is the index to my plan. Sanctioned by probably all my colleagues, that get- spected; when belligerent nations, under the your approving voice, and by that of your ting 290 signatures is not like rolling impossibility of making acquisitions upon representatives in both houses of congress, off a log. This has taken us much of the us, will not lightly hazard the giving us the spirit of that measure has continually year, and we would not have done this provocation, when we may choose peace or governed me, uninfuenced by any attempts if it was not of some consequence. Even war, as our interest, guided by justice, shall to deter or divert me from it. counsel. After deliberate examination, with the aid the fact that the Coin Commission rec- Why forego the advantages of so peculiar a of the best lights I could obtain, I was well ommended it, it still is difficult to get situation? Why quit our own to stand upon satisfied that our country, under all the cir- people’s attention to focus on it. foreign ground? Why, by interweaving our cumstances of the case, had a right to take, But this is a uniquely important coin destiny with that of any part of Europe, en- and was bound, in duty and interest, to take because once we reimburse the tax- tangle our peace and prosperity in the toils a neutral position. Having taken it, I deter- payers fully for the cost of minting of European ambition, rivalship, interest, mined, as far as should depend upon me, to this coin, the Mount Vernon Ladies As- humor, or caprice? maintain it with moderation, perseverance It is our true policy to steer clear of per- and firmness. sociation will use the proceeds for the manent alliance with any portion of the for- The considerations which respect the right preservation of Mount Vernon, which eign world; so far, I mean, as we are now at to hold this conduct, it is not necessary on was George Washington’s home in September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10489 northern Virginia at the southern end Mr. MORAN and Mr. DAVIS, for their (A) a designation of the value of the coin; of the parkway. We invite all our col- work with the committee and allowing (B) an inscription of the year ‘‘1998’’; and leagues and people listening to visit us to bring this bill to the floor with (C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We Trust’’, ‘‘United States of Amer- that beautiful birthplace, the home of the support that it has had. ica’’, and ‘‘E Pluribus Unum’’. George Washington. Mr. Speaker, I yield back the balance (b) SELECTION.—The design for the coins The funds will also enhance the la- of my time. minted under this Act shall be— dies association’s efforts to educate the Mr. CASTLE. Mr. Speaker, I, too, (1) selected by the Secretary after con- American public about George Wash- yield back the balance of my time. sultation with the Black Revolutionary War ington’s life. Few people know that The SPEAKER pro tempore (Mr. Patriots Foundation and the Commission of this, in fact, is the 200th anniversary of GOODLATTE). The question is on the Fine Arts; and George Washington’s farewell address motion offered by the gentleman from (2) reviewed by the Citizens Commemora- tive Coin Advisory Committee. this very day. It still has resonance, it Delaware [Mr. CASTLE] that the House SEC. 5. ISSUANCE OF COINS. has tremendous profundity, wisdom in suspend the rules and pass the bill, (a) QUALITY OF COINS.—Coins minted under that address, but too few people are H.R. 2026, as amended. this Act shall be issued in uncirculated and aware of it. This will enable us to The question was taken; and (two- proof qualities. spread that kind of educational infor- thirds having voted in favor thereof) (b) MINT FACILITY.—Only 1 facility of the mation. the rules were suspended and the bill, United States Mint may be used to strike Many of our textbooks include now any particular quality of the coins minted as amended, was passed. under this Act. only a small fraction of information A motion to reconsider was laid on (c) COMMENCEMENT OF ISSUANCE.—The Sec- about George Washington’s life and the table. retary may issue coins minted under this times. Forty years ago there was a lot f Act beginning January 1, 1998 . about it. But over the years our history (d) TERMINATION OF MINTING AUTHORITY.— textbooks have reduced, more and BLACK REVOLUTIONARY WAR PA- No coins may be minted under this Act after more, the life of George Washington, TRIOTS COMMEMORATIVE COIN December 31, 1998. and it should not be diminished. ACT SEC. 6. SALE OF COINS. (a) SALE PRICE.—The coins issued under So this is an effort to see to it that Mr. CASTLE. Mr. Speaker, I move to this Act shall be sold by the Secretary at a it will not be diminished, and the suspend the rules and pass the bill price equal to the sum of— Mount Vernon Ladies Association is (H.R. 1776) to require the Secretary of (1) the face value of the coins; going to host a series of programs in the Treasury to mint coins in com- (2) the surcharge provided in subsection (d) conjunction with the bicentennial of memoration of black revolutionary war with respect to such coins; and Washington’s death in 1999. There will patriots, as amended. (3) the cost of designing and issuing the be seminars, programs for school- The Clerk read as follows: coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, children and adults, construction of H.R. 1776 and shipping). two new buildings which will provide Be it enacted by the Senate and House of Rep- (b) BULK SALES.—The Secretary shall the opportunity for people of all ages resentatives of the United States of America in make bulk sales of the coins issued under to learn about George Washington in Congress assembled, this Act at a reasonable discount. the context of the 18th century life SECTION 1. SHORT TITLE. (c) PREPAID ORDERS.— where he was the most prominent fig- This Act may be cited as the ‘‘Black Revo- (1) IN GENERAL.—The Secretary shall ac- cept prepaid orders for the coins minted ure. lutionary War Patriots Commemorative Coin Act’’. under this Act before the issuance of such Proceeds from the sale of these coins coins. SEC. 2. COIN SPECIFICATIONS. will help to finance all these events (2) DISCOUNT.—Sale prices with respect to and ensure that the nearly 1 million (a) $1 SILVER COINS.—In commemoration of prepaid orders under paragraph (1) shall be visitors who pass through Mount Ver- Black Revolutionary War patriots and the at a reasonable discount. non every year are fully informed 275th anniversary of the birth of the 1st (d) SURCHARGES.—All sales shall include a Black Revolutionary War patriot, Crispus surcharge of $10 per coin. about how important George Washing- Attucks, who was the 1st American colonist ton was to the founding of this coun- SEC. 7. GENERAL WAIVER OF PROCUREMENT killed by British troops during the Revolu- REGULATIONS. try. tionary period, the Secretary of the Treas- (a) IN GENERAL.—Except as provided in This commemorative coin, as I say, ury (hereafter in this Act referred to as the subsection (b), no provision of law governing has been endorsed by the Commemora- ‘‘Secretary’’) shall mint and issue not more procurement or public contracts shall be ap- tive Coin Advisory Committee. There than 500,000 1 dollar coins, each of which plicable to the procurement of goods and is no reason why we should not support shall— services necessary for carrying out the provi- this legislation. It is urgent given the (1) weigh 26.73 grams; sions of this Act. (2) have a diameter of 1.500 inches; and (b) EQUAL EMPLOYMENT OPPORTUNITY.— particular timing of it. We need to do (3) contain 90 percent silver and 10 percent Subsection (a) shall not relieve any person it now, and certainly we need to give copper. entering into a contract under the authority these proceeds to the Mount Vernon (b) LEGAL TENDER.—The coins minted of this Act from complying with any law re- Ladies Association to spread informa- under this Act shall be legal tender, as pro- lating to equal employment opportunity. tion about a man who had a pivotal vided in section 5103 of title 31, United States SEC. 8. DISTRIBUTION OF SURCHARGES. role in the direction of this country. Code. Subject to section 10(a), all surcharges re- Mr. CASTLE. Mr. Speaker, I have no (c) NUMISMATIC ITEMS.—For purposes of ceived by the Secretary from the sale of section 5136 of title 31, United States Code, coins issued under this Act shall be promptly further speakers, and I will yield my- paid by the Secretary to the Black Revolu- self a moment or two just to comment all coins minted under this Act shall be con- sidered to be numismatic items. tionary War Patriots Foundation for the on the distinguished gentleman from purpose of raising an endowment to support SEC. 3. SOURCES OF BULLION. Virginia’s comments on the 290 names. the construction of a Black Revolutionary The Secretary shall obtain silver for mint- War Patriots Memorial. Of course that is all intentional, to ing coins under this Act only from stockpiles SEC. 9. FINANCIAL ASSURANCES. make sure that these are worthwhile established under the Strategic and Critical (a) NO NET COST TO THE GOVERNMENT.—The doing, and I am glad that he and the Materials Stock Piling Act. Secretary shall take such actions as may be gentleman from Virginia [Mr. DAVIS] SEC. 4. DESIGN OF COINS. necessary to ensure that minting and issuing had to go to a little bit of effort to do (a) DESIGN REQUIREMENTS.— coins under this Act will not result in any that. It makes us feel that it is at least (1) IN GENERAL.—The design— net cost to the United States Government. working in some way or other, but we (A) on the obverse side of the coins minted (b) PAYMENT FOR COINS.—A coin shall not are very supportive of this legislation. under this Act shall be emblematic of the 1st be issued under this Act unless the Secretary We congratulate both of these gentle- Black Revolutionary War patriot, Crispus has received— men on the wonderful job they have Attucks; and (1) full payment for the coin; (B) on the reverse side of such coins shall (2) security satisfactory to the Secretary done. be emblematic of the Black Revolutionary to indemnify the United States for full pay- Mr. FLAKE. Mr. Speaker, I yield my- War Patriots Memorial. ment; or self such time as I may consume. (2) DESIGNATION AND INSCRIPTIONS.—On (3) a guarantee of full payment satisfac- Mr. Speaker, I would just like to each coin minted under this Act there shall tory to the Secretary from a depository in- thank the gentlemen from Virginia, be— stitution whose deposits are insured by the H10490 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Federal Deposit Insurance Corporation or tion may use any amount received from pay- ments of our society being relegated to the National Credit Union Administration ments derived from the proceeds of any sur- the footnotes of history. We hear in- Board. charge imposed on the sale of coins issued stead a history myopic in its view of SEC. 10. CONDITIONS ON PAYMENT OF SUR- under this Act to pay the cost of an audit re- those who laid the foundation for this CHARGES. quired under paragraph (1). Nation, and the people whose sacrifices (a) PAYMENT OF SURCHARGES.—Notwith- (6) WAIVER OF SUBSECTION.—The Secretary standing any other provision of law, no of the Treasury may waive the application of were of equal value are undervalued, amount derived from the proceeds of any any paragraph of this subsection to the mislabeled, and often forgotten. Today, surcharge imposed on the sale of coins issued Black Revolutionary War Patriots Founda- by passing H.R. 1776, we expand the under this Act shall be paid to the Black tion for any fiscal year after taking into ac- focus of history’s view of African- Revolutionary War Patriots Foundation un- count the amount of surcharges which such Americans contribution to the liberty less— Foundation received or expended during such and freedom we enjoy as Americans. (1) all numismatic operation and program year. H.R. 1776 will celebrate the birth, 275 costs allocable to the program under which (7) AVAILABILITY OF BOOKS AND RECORDS.— such coins are produced and sold have been years ago, of Crispus Attucks who was The Black Revolutionary War Patriots the first casualty in the American Rev- recovered; and Foundation shall provide, as a condition for (2) the Black Revolutionary War Patriots receiving any payment derived from the pro- olution. Attucks was a black man Foundation submits an audited financial ceeds of any surcharge imposed on the sale of killed by British troops in Boston on statement which demonstrates to the satis- coins issued under this Act, to the Inspector March 5, 1770, during an event that faction of the Secretary of the Treasury General of the Department of the Treasury would become known as the Boston that, with respect to all projects or purposes or the Comptroller General of the United Massacre. Moreover, some 5,000 other for which the proceeds of such surcharge States, upon the request of such Inspector black patriots fought during the Revo- may be used, the Foundation has raised General or the Comptroller General, all funds from private sources for such projects lutionary War and its major battles of books, records, and workpapers belonging to Lexington, Bunker Hill, Valley Forge, and purposes in an amount which is equal to or used by the Foundation, or by any inde- or greater than the maximum amount the Concord, and others. Today we will en- pendent public accountant who audited the Foundation may receive from the proceeds of Foundation in accordance with paragraph sure that people understand the hero- such surcharge. (1), which may relate to the receipt or ex- ism of Attucks, and men like Peter (b) ANNUAL AUDITS.— penditure of any such amount by the Foun- Salem who was the hero of Bunker Hill (1) ANNUAL AUDITS OF RECIPIENTS RE- dation. when he slew the British commander. QUIRED.—The Black Revolutionary War Pa- triots Foundation shall provide, as a condi- (c) USE OF AGENTS OR ATTORNEYS TO INFLU- Perhaps a more compelling reason to tion for receiving any amount derived from ENCE COMMEMORATIVE COIN LEGISLATION.—No commemorate these men by this coin, the proceeds of any surcharge imposed on portion of any payment to the Black Revolu- and by commemorating them on the the sale of coins issued under this Act, for an tionary War Patriots Foundation from Mall, is that despite being relegated to annual audit, in accordance with generally amounts derived from the proceeds of sur- second-class citizenship and servitude, charges imposed on the sale of coins issued accepted government auditing standards by they fought for the values of freedom an independent public accountant selected under this Act may be used, directly or indi- rectly, by the Foundation to compensate any upon which this country was founded. by the Foundation, of all such payments to They recognized the genius of equality, the Foundation beginning in the first fiscal agent or attorney for services rendered to year of the Foundation in which any such support or influence in any way legislative freedom, justice, and liberty. They and amount is received and continuing until all action of the Congress relating to the coins others wished to share this American such amounts received by the Foundation minted and issued under this Act. vision, and recognized that the cost of with respect to such surcharges are fully ex- The SPEAKER pro tempore. Pursu- these freedoms was through the blood pended or placed in trust. ant to the rule, the gentleman from sweat and tears lost on the battlefield, (2) MINIMUM REQUIREMENTS FOR ANNUAL AU- Delaware [Mr. CASTLE] and the gen- For the sacrifices of these black pa- DITS.—At a minimum, each audit of the tleman from New York [Mr. FLAKE] triots, and the sacrifices of all the Black Revolutionary War Patriots Founda- each will control 20 minutes. founders, we owe a great debt, and we tion pursuant to paragraph (1) shall report— must never forget that the steel-like (A) the amount of payments received by The Chair recognizes the gentleman the Foundation during the fiscal year of the from Delaware [Mr. CASTLE]. strength of our Democracy was forged Foundation for which the audit is conducted Mr. CASTLE. Mr. Speaker, I yield on the backs of many. H.R. 1776 accom- which are derived from the proceeds of any myself such time as I may consume. plishes this goal, and I urge its unani- surcharge imposed on the sale of coins issued Mr. Speaker, H.R. 1776 is the last mous passage. under this Act; commemorative coin bill to be consid- Mr. Speaker, I reserve the balance of (B) the amount expended by the Founda- ered here today. It commemorates and my time. tion from the proceeds of such surcharges Mr. CASTLE. Mr. Speaker, I yield serves to remind us all of the selfless during the fiscal year of the Foundation for such time as she may consume to the sacrifice by thousands of individual which the audit is conducted; and gentlewoman from Connecticut [Mrs. (C) whether all expenditures by the Foun- black patriots during our revolution- JOHNSON]. dation from the proceeds of such surcharges ary war. The proceeds of the 500,000 sil- Mrs. JOHNSON of Connecticut. Mr. during the fiscal year of the Foundation for ver $1 coins authorized under this legis- Speaker, I am very pleased to speak in which the audit is conducted were for au- lation will go toward helping to build a thorized purposes. strong support of H.R. 1776. memorial to these patriots that will be This is an important small bill that I (3) RESPONSIBILITY OF FOUNDATION TO AC- situated on the Mall. The coin will fea- COUNT FOR EXPENDITURES OF SURCHARGES.— introduced with my distinguished col- The Black Revolutionary War Patriots ture a likeness of Crispus Attucks, a leagues, the gentleman from Okla- Foundation shall take appropriate steps, as a black man who was killed in the Bos- homa, Mr. J.C. WATTS, and the gen- condition for receiving any payment of any ton Massacre, the first American vic- tleman from New Jersey, Mr. PAYNE, amount derived from the proceeds of any tim of the Revolutionary War. This with enormous backing from many, surcharge imposed on the sale of coins issued project came to fruition as a result of many Members on both sides of the under this Act, to ensure that the receipt of the sponsors working closely with the aisle. It directs the Secretary of the the payment and the expenditure of the pro- Citizens Commemorative Coin Advi- Treasury in 1998 to mint 500,000 coins in ceeds of such surcharge by the Foundation in sory Committee and carefully observ- each fiscal year of the Foundation can be ac- recognition of the African-American counted for separately from all other reve- ing Banking Committee rules to patriots who fought for our Nation’s nues and expenditures of the Foundation. produce a coin that meets all the strict independence and our individual free- (4) SUBMISSION OF AUDIT REPORT.—Not later new relevant criteria, including the dom. than 90 days after the end of any fiscal year taxpayer protection language of the The bill specifically commemorates of the Black Revolutionary War Patriots Commemorative Coin Reform Act of the 275th anniversary of the birth of Foundation for which an audit is required 1995. Crispus Attucks as the first to fall dur- under paragraph (1), the Foundation shall— I urge its immediate adoption, and I ing the American Revolution. He is a (A) submit a copy of the report to the Sec- reserve the balance of my time. prominent black figure in American retary of the Treasury; and (B) make a copy of the report available to Mr. FLAKE. Mr. Speaker, I yield my- history and a person whose life every the public. self such time as I may consume. one of our children should understand. (5) USE OF SURCHARGES FOR AUDITS.—The Too often, Mr. Speaker, we witness He is a powerful symbol of black patri- Black Revolutionary War Patriots Founda- the significant contributions of seg- ots’ courageous contributions during September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10491 this defining moment that created our past, we cannot assume a future wor- the Civil War that at that time was at Nation. thy of our visionary ancestors. a stalemate. H.R. 1776 has overwhelming biparti- This memorial is about cherishing, In the Spanish American War, there san support with more than 300 cospon- affirming, and comprehending our past were black Americans on the Maine, sors in the House of Representatives. each day we build our future. I urge my and it was the Rough Riders that went Its companion legislation introduced colleagues to support this unique com- into the Battle of San Juan Hill, where by Senators JOHN CHAFEE and CAROL memorative coin legislation, and help Teddy Roosevelt was at the point of MOSELEY-BRAUN has the support of the Black Patriots Foundation realize annihilation, but the Rough Riders more than 60 Senate cosponsors. the dream of a memorial to black Rev- were pinned down and the Buffalo Sol- H.R. 1776 will recognize the contribu- olutionary War patriots here in Wash- diers came and relieved them. tion of African-Americans during this ington, DC. So as we move on, World War I, historic period of our Nation’s history Mr. FLAKE. Mr. Speaker, I yield 4 Neham Roberts, a man from north New when we came into being, and distribu- minutes to the gentleman from New Jersey and his partner, after several tion of these unique coins will help Jersey, Mr. DONALD PAYNE, chairperson weeks captured 20 Germans as they augment the significant fundraising ef- of the Congressional Black Caucus. were wounded in the foxholes and in forts of the black patriots memorial to Mr. PAYNE of New Jersey. Mr. the lines, and they brought these per- succeed in funding the black Revolu- Speaker, as one who has been involved sons in as prisoners of war. tionary War patriots memorial. in this endeavor from the beginning, I In World War II, Archie Callahan As my colleagues know, in 1986 Con- am pleased that our efforts are coming from Norton, NJ, died on December 7 in gress approved legislation I introduced to fruition today. I want to thank the Pearl Harbor in 1941. with the support of many of my friends chairman, the gentleman from Dela- Mr. Speaker, with the passage of to- here on both sides of the aisle to au- ware, Mr. CASTLE, for moving this im- day’s measure, let us remember that thorize the construction of a memorial portant measure through, and thank after that, in Korea, and in Vietnam, in to the black soldiers who fought and the gentleman from New York, FLOYD the Persian Gulf war, let us remember died during our Nation’s war for free- FLAKE, the ranking member, for all of that our nation was born of shared sac- dom and independence. The memorial’s his contributions. rifices, with people of all backgrounds design has been approved, and it will be Let me express special appreciation coming together for a common cause of located in Constitution Gardens on the to the sponsor of this bill, the gentle- freedom. The best way for us to honor national Mall between the Washington woman from Connecticut, Ms. NANCY the memory of these fallen Revolution- Monument and the Lincoln Memorial. JOHNSON, who you have just heard, for ary War heroes is to promote the same It will be the first monument on the all of the hard work she has done on spirit of unity on which this Nation Mall which specifically honors the this bill for so many years. It has been was founded. achievements of African-Americans. a pleasure working with her through Mr. CASTLE. Mr. Speaker, I yield I would have to say, Mr. Speaker, this process. such time as he may consume to the that sometimes people in America Our legislation directs the Secretary distinguished gentleman from Okla- think that as individual citizens they of the Treasury to mint 500,000 coins in homa [Mr.WATTS]. have no influence in this body. I would 1998 recognizing the sacrifices of Afri- Mr. WATTS of Oklahoma. Mr. Speak- tell my colleagues that many years ago can American soldiers in the Revolu- er, I rise in support of H.R. 1776, the my friend Maurice Barbosa, a lawyer tionary War. Proceeds from the sale of Black Revolutionary War Patriots from Plainville, CT, the adjoining town this coin will help the construction of Commemorative Coin Act. I commend to my hometown, came to me with this the first monument on the National our chairman, the gentleman from idea. This was his vision. Mall here in Washington to specifically Delaware [Mr. CASTLE], and the rank- Mr. Speaker, through him and his honor the contributions of the African- ing member, the gentleman from New hard work and through so many in this American war patriots. York [Mr. FLAKE], for moving this body, we were able to authorize that It is fitting that we pay tribute to commemorative coin. memorial to get it designed and ap- the pride and patriotism of heroes such This House has noticed an absence proved, and it will finally sit on the as Crispus Attucks, as the gentleman and therefore a very real need for com- Mall, the first monument to acknowl- from New York [Mr. FLAKE], men- memoration in honor of people who edge and to honor the achievements of tioned, a runaway slave who became helped to birth the Nation, people who African-Americans, and so I thank the first casualty of the American Rev- actually gave the supreme sacrifice Maurice Barbosa and Wayne Smith, the olution. As our country was struggling during this Nation’s defining moment. current head of the Black Patriots to become free of British tyranny, this As Harriett Beecher Stowe wrote Foundation, for the wonderful work young runaway slave gave his life dur- about the black men and women who that he and his comrades are doing. ing the Boston Massacre on March 5, served in the Revolutionary War, 1770. b 1800 It was not for their own land they fought, African-American patriots fought in nor even for the land which had adopted For over two centuries, the compel- most of the major battles of the Revo- them, but for a land that had enslaved them ling contribution of over 5,000 African- lutionary War. They were at Lexington and whose laws, even in freedom, more often American slaves and freedmen who and Concord; they were at the Battle of oppressed than protected. Bravery under served in the militia or provided civil- Bunker Hill at Trenton, in New Jersey, such circumstances has a peculiar beauty ian assistance during the Revolution- the battles on Long Island, at Valley and merit. ary War has, for the most part, gone Forge and Yorktown. The fact is, Mr. Speaker, men and unnoticed. These soldiers fought shoul- It was a black minuteman, as we women of all colors have been involved der to shoulder with white soldiers, he- have heard, Peter Salem, who became in every aspect of this country from its roically sacrificing so we could stand the hero of the Battle of Bunker Hill, founding days. We are full partners in here today, a free people and a world when they said, don’t shoot until you the history, bloodshed and tears that leader. see the whites of their eyes, because have made this Nation great. After years of work on this com- our armies were low on ammunition. Unfortunately, not all of us know our memorative coin effort, I am delighted He took down the British commander. Nation’s history, where we came from that this House is now recognizing the African Americans went on to serve and what makes us who we are today. courageous contributions of our black with distinction in every conflict since H.R. 1776, the Black Revolutionary War Revolutionary War patriots. Passage of that time. Patriots Commemorative Coin Act, this legislation will send an emphatic Let me just digress for a minute to renders honor to those who are excep- message that we are one nation be- say in the War of 1812 and in the Civil tionally deserving of lasting historical cause people of all races and ethnic ori- War, with the 54th Regiment that recognition, and teaches us vis-a-vis gins were willing to fight for and then Frederick Douglass convinced Presi- ‘‘history in our hands’’ that we all had build a new nation of free and equal dent Lincoln to allow them to fight for a stake in this Nation’s founding and citizens. If we fail to understand our their freedom, and it turned the tide of that we all are equal partners. H10492 CONGRESSIONAL RECORD — HOUSE September 17, 1996 H.R. 1776 authorizes the U.S. Mint to memorial to these great men who of- I would like to commend and thank Con- strike 500,000 silver dollars in 1998 com- fered their lives for America. gresswoman NANCY JOHNSON and DONALD memorating the 275th anniversary of It is interesting, as a young girl PAYNE for their leadership in proposing this the birth of Crispus Attucks. Crispus studying history in our public schools legislation to honor some of our Nation's most Attucks, a black man, became the first in this country, during the era that I outstanding revolutionary heroes. As an origi- American casualty of the Revolution- was raised there was not much in giv- nal cosponsor of H.R. 1776, I would like to ary War when he was killed by British ing credence to those African American thank the Members from both sides of the troops in Boston on March 5, 1770, in an slaves, who were in fact very much a aisle who are cosponsors of this legislation. event that would come to be known as part of the American history and the Those who fought in the American Revolu- the Boston Massacre. American structure and the American tionary War did so for the ideal of democ- H.R. 1776, introduces by the gentle- liberation. racyÐnot for party or for creed, nor for color, woman from Connecticut [NANCY JOHN- So it is now fitting that I can say to but for freedom. SON], the gentleman from New Jersey my 11-year-old son, Jason, as he is en- Crispus Attucks, who was killed in the Bos- [DONALD PAYNE], and myself enjoys the tering into the fifth grade, that we now ton Massacre, during one of the first of many support of an overwhelming, bipartisan have an opportunity, along with many confrontations at the beginning of this coun- majority of 318 House cosponsors. The other monuments that have come over try's struggle for independence will be honored Senate companion bill enjoys the back- the last 10 years, to acknowledge those by the passage of the legislation. ing of 63 Senate cosponsors. early patriots who happened to have This bill directs the Secretary of the Treas- The proceeds from the sale of these been slaves, happened to have been ury to mint $1 silver coins in commemoration commemorative coins will go toward former slaves but of African descent. of black Revolutionary War patriots. This legis- the construction of the Black Revolu- It is important to acknowledge all lation further directs that coin sale surcharges tionary War Patriots Memorial on the Americans who fought in the American be paid to the Black Revolutionary War Patri- National Mall honoring Crispus Revolutionary War, and to recognize ots Foundation for raising an endowment to Attucks and the other 5,000 black men that they fought for democracy, not for support construction of the Patriots Memorial and women who fought for and sup- party or for creed, not for color, but for here in Washington, DC. ported American independence during freedom. With over 300 cosponsors of H.R. 1776, I the Revolutionary War. How gratified we can all be that would like to thank my fellow colleagues for Not only will the commemorative Crispus Attucks, who was killed in the this strong show of bipartisanship. Mr. CASTLE. Mr. Speaker, I yield coin teach us all an important aspect Boston Massacre, during one of the myself such time as I may consume. first of many confrontations at the be- of our Nation’s history, but the memo- Mr. Speaker, I would make a closing ginning of this country’s struggle for rial will continue the legacy of remind- comment or two. ing us that we are truly one Nation and independence, finally will be honored Mr. Speaker, first of all, of all the full partners in the history, bloodshed by the passage of this legislation. bills, three bills we are handling today, and tears that have made this Nation How befitting it will be to have this particular piece of legislation I great. schoolchildren traveling from as far as think had the greatest struggle in that Mr. Speaker, I urge my colleagues to Los Angeles, CA, Seattle, WA, or the they were dealing with other sources of support this bill. 18th Congressional District in Houston, funding; they were dealing with an au- Mr. FLAKE. Mr. Speaker, I yield 4 TX, from Cleveland, OH, to Jamaica, thorization issue as well as, obviously, minutes to the gentlewoman from New York, to Miami, FL, to be able to obtaining signatures. Texas, Ms. SHEILA JACKSON-LEE. come to the Washington Mall, and to I think all those involved with the Ms. JACKSON-LEE of Texas. Mr. be able to see the acknowledgment of Black Revolutionary War Patriots Speaker, I thank the distinguished gen- Revolutionary War heroes, black patri- Foundation, which is the correct full tleman from New York for yielding ots, former slaves who gave their life name, deserve to be congratulated on time to me, and I do appreciate very for this country. their perseverance for what I consider much his leadership, along with that of Let me acknowledge that this was a to be an extremely good cause. It was the gentleman from Delaware [Mr. bipartisan effort, with over 300 cospon- with some degree of pride that we were CASTLE] for moving this very historic sors, of H.R. 1776, and that is why able to have a hearing, have them actu- legislation to the floor of the House. today, September 17, 1996, it is ex- ally come before us and be able to ap- Let me also thank the distinguished tremely fitting for us to join together prove this legislation. We wish them gentlewoman from Connecticut, Mrs. to pay tribute to these patriots. great success. JOHNSON, the gentleman from Okla- I do hope that we in the spirit of this I hope that anyone who is listening homa, Mr. J.C. WATTS, and also the legislation can carry forward the mes- to this will be ready to buy any or all chairman of the Black Caucus for their sage that when it comes to freedom of these coins. We want them to suc- inspiration and leadership on some- and equality and opportunity, Ameri- ceed down the road. But this one in thing that really goes beyond these cans will stand together, Republican, particular I think is one that took a walls and this Chamber today. Democratic, Independent alike, and great deal of work, so I congratulate For as we all have come to a point of stand for what is right, and that is to all those individuals. recognizing that this is a nation cre- respect those who gave the most prized Mr. Speaker, I reserve the balance of ated for all to be considered equal, even measure, and that is their life. my time. as the Declaration of Independence This is fitting as we watch African Mr. FLAKE. Mr. Speaker, I yield my- stated in those early years, we all are Americans serve throughout the Revo- self such time as I may consume. created equal, with certainly inalien- lutionary War, the War of 1812, the Mr. Speaker, I would like to just say able rights of life, liberty, and the pur- Civil War of the 1800’s, 1860’s, and then this is a great day when we can come suit of happiness, it was well known moving into World War I and World to the floor and have coins that com- that those of us of African American War II, noting the Tuskegee Airmen, memorate Dolley Madison, George descent were at that time enslaved in and, of course, the Korean war, Viet- Washington, and the black patriots. I this country. How fitting it is to ac- nam, in the Persian Gulf, and now. We think it speaks well for our country. knowledge that there were those will- must realize that was is no respecter of Mr. BARRETT of Wisconsin. I rise in strong ing to give the most and the most cost- color, and freedom must be enjoyed by support of H.R. 1776, the Black Revolutionary ly of sacrifices, their life, to fight for all of us. War Patriots Commemorative Coin Act, and to the freedom of this Nation, which in- I congratulate the sponsor and co- honor the thousands of African-American patri- cluded the freedom of all citizens. sponsor of this legislation, and rise to ots who fought in the Revolutionary War and So I am very much in support of the support it. risked their lives for our freedom. Black Revolutionary War Patriots Mr. Speaker, I rise in strong support of H.R. I am a proud cosponsor of this critical legis- Commemorative Coin Act, H.R. 1776, 1776, the Black Revolutionary War Patriots lation and its importance cannot be over- which, as rendered, will allow for the Commemorative Coin Act, in order to con- stated. African-Americans participated in every selling of a coin that would then allow struct a long overdue monument to the black phase of the struggle for American independ- for the constructing of an appropriate Revolutionary War patriots on the Mall. ence. Yet far too many of our children are September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10493 learning the history of the Revolutionary War which to revise and extend their re- Dicks Kaptur Porter Dingell Kasich Portman without knowing the names and heroics of marks on the three coin bills which Dixon Kelly Poshard these outstanding American patriots. Indeed, were just passed, H.R. 1684, H.R. 2026, Doggett Kennedy (MA) Pryce we must move forward on this legislation so and H.R. 1776. Dooley Kennedy (RI) Quillen that no young American will pass through The SPEAKER pro tempore. Is there Doolittle Kennelly Quinn Dornan Kildee Radanovich school without learning that African-Americans objection to the request of the gen- Doyle Kim Rahall were essential participants in our forefathers' tleman from Delaware? Dreier King Ramstad fight for freedom. There was no objection. Duncan Kingston Reed Dunn Kleczka Regula There was Crispus Attucks, the first person f Ehlers Klink Richardson to die in the Revolution, who gave his life in Ehrlich Klug Riggs the Boston Massacre. There was James Rob- ANNOUNCEMENT BY THE SPEAKER Engel Knollenberg Rivers inson, who fought in the Revolutionary War as PRO TEMPORE English Kolbe Roberts Ensign LaFalce Roemer well as in the War of 1812, but was not grant- The SPEAKER pro tempore. Pursu- Eshoo LaHood Rogers ed his freedom until after the Civil War in ant to clause 5, rule I, the Chair will Evans Lantos Rohrabacher 1865. There was James Forten, who was born Everett Latham Ros-Lehtinen now put the question on each motion Ewing LaTourette Rose free in Philadelphia and later became a very to suspend the rules on which further Farr Lazio Roth wealthy and powerful businessman, employing proceedings were postponed earlier Fattah Leach Roukema more than forty men both black and white in today in the order in which that mo- Fawell Levin Roybal-Allard his sail business. Forten amassed more than Fields (LA) Lewis (GA) Royce tion was entertained. Filner Lewis (KY) Rush $100,000 from his business which he used in Votes will be taken in the following Flake Lightfoot Sabo his fight for the freedom and independence of order: H.R. 3802, by the yeas and nays; Flanagan Lincoln Salmon hundreds of African-Americans, during and Foglietta Linder Sanders House Joint Resolution 191, de novo; S. Foley Lipinski Sanford after the war. 533, de novo; H.R. 3723, de novo; and Forbes Livingston Sawyer African-Americans served with Gen. George H.R. 3803, by the yeas and nays. Ford LoBiondo Saxton Washington at Valley Forge during the winter The Chair will reduce to 5 minutes Fowler Lofgren Scarborough of 1777±78, and African-Americans were Fox Longley Schaefer the time for any electronic vote after Frank (MA) Lowey Schiff present as the British were driven out of York- the first vote in this series. Franks (CT) Lucas Schroeder town in the waning days of the war. More than Franks (NJ) Luther Schumer 5,000 African-American patriots in total, their f Frelinghuysen Maloney Scott Frisa Manton Seastrand story must be told. b 1815 Frost Manzullo Sensenbrenner H.R. 1776 will allow the minting of 500,000 Funderburk Martinez Serrano silver one dollar coins to assist in the effort to ELECTRONIC FREEDOM OF INFOR- Gallegly Martini Shadegg build a National monument honoring African- MATION ACT AMENDMENTS OF Gejdenson Mascara Shaw 1996 Gekas Matsui Shays American Revolutionary War patriots. Fittingly, Gephardt McCarthy Shuster the Treasury Department would be able to The SPEAKER pro tempore (Mr. Geren McCollum Sisisky begin minting the coins in 1998Ðthe 275th GOODLATTE). The pending business is Gibbons McDade Skaggs anniversary of the birth of Crispus Attucks Gilchrest McDermott Skeen the question of suspending the rules Gillmor McHale Skelton under this legislation. and passing the bill, H.R. 3802, as Gilman McHugh Slaughter But this legislation is just a startÐa building amended. Gonzalez McInnis Smith (MI) block which will allow us to finance a glorious Goodlatte McIntosh Smith (NJ) The Clerk read the title of the bill. Goodling McKeon Smith (TX) monument on the National Mall, dedicated to The SPEAKER pro tempore. The Gordon McKinney Smith (WA) the black soldiers of the Revolutionary War. question is on the motion offered by Goss McNulty Solomon And while this tribute is long overdue, it will the gentleman from California [Mr. Graham Meehan Souder ensure that all Americans will never forsake Green (TX) Meek Spence HORN] that the House suspend the rules Greene (UT) Menendez Spratt the courageous efforts of the African-American and pass the bill, H.R. 3802, as amend- Greenwood Metcalf Stark soldiers who selflessly fought for the inde- ed, on which the yeas and nays are or- Gunderson Meyers Stearns pendence of our Nation, even when their own Gutierrez Mica Stenholm dered. Gutknecht Millender- Stockman freedom as a people was not wholly recog- The vote was taken by electronic de- Hall (OH) McDonald Stokes nized. vice, and there were—yeas 402, nays 0, Hall (TX) Miller (CA) Studds Mr. FLAKE. Mr. Speaker, I yield not voting 31, as follows: Hamilton Miller (FL) Stump Hancock Minge Stupak back the balance of my time. [Roll No. 414] Mr. CASTLE. Mr. Speaker, I yield Hansen Moakley Talent YEAS—402 Harman Molinari Tanner back the balance of my time. Hastert Mollohan Tate The SPEAKER pro tempore (Mr. Abercrombie Boehner Clayton Hastings (FL) Montgomery Tauzin Ackerman Bonilla Clement GOODLATTE). The question is on the Hastings (WA) Moorhead Taylor (MS) Allard Bonior Clinger Hayworth Moran Taylor (NC) motion offered by the gentleman from Andrews Bono Clyburn Hefley Morella Tejeda Delaware [Mr. CASTLE] that the House Archer Borski Coble Hefner Murtha Thomas suspend the rules and pass the bill, Armey Boucher Coburn Herger Myers Thornberry Baesler Brewster Coleman Hilleary Myrick Thornton H.R. 1776, as amended. Baker (CA) Browder Collins (GA) Hilliard Nadler Thurman The question was taken; and (two- Baker (LA) Brown (CA) Collins (IL) Hinchey Neal Tiahrt thirds having voted in favor thereof) Baldacci Brown (FL) Collins (MI) Hobson Neumann Torkildsen Ballenger Brown (OH) Combest the rules were suspended and the bill, Hoekstra Ney Torres Barcia Brownback Condit Hoke Nussle Torricelli as amended, was passed. Barr Bryant (TN) Cooley Holden Oberstar Towns The title was amended so as to read: Barrett (NE) Bryant (TX) Costello Horn Obey Traficant A bill to require the Secretary of the Barrett (WI) Bunn Cox Hostettler Olver Upton Bartlett Bunning Coyne Treasury to mint coins in commemora- Houghton Ortiz Velazquez Barton Burr Cramer Hoyer Orton Vento tion of black Revolutionary War patri- Bass Burton Crane Hunter Owens Visclosky ots and the 275th anniversary of the Bateman Buyer Crapo Hutchinson Oxley Volkmer first black Revolutionary War patriot, Becerra Callahan Cremeans Hyde Packard Vucanovich Beilenson Calvert Cummings Inglis Pallone Walker Crispus Attucks. Bentsen Camp Cunningham Istook Parker Walsh A motion to reconsider was laid on Bereuter Campbell Danner Jackson (IL) Paxon Wamp the table. Berman Canady Davis Jackson-Lee Payne (NJ) Ward Bevill Cardin de la Garza f (TX) Payne (VA) Waters Bilbray Castle Deal Jacobs Pelosi Watt (NC) Bilirakis Chabot DeFazio GENERAL LEAVE Johnson (CT) Peterson (MN) Watts (OK) Bishop Chambliss DeLauro Johnson (SD) Petri Waxman Mr. CASTLE. Mr. Speaker, I ask Bliley Chenoweth DeLay Johnson, Sam Pickett Weldon (FL) Blumenauer Christensen Deutsch unanimous consent that all Members Jones Pombo Weldon (PA) Blute Chrysler Diaz-Balart Kanjorski Pomeroy Weller may have 5 legislative days within Boehlert Clay Dickey H10494 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Williams Woolsey Young (FL) Diaz-Balart Jones Pickett Weldon (FL) Wise Young (AK) Wilson Wynn Zeliff Dickey Kanjorski Pombo Weldon (PA) Wolf Young (FL) Wise Yates Zimmer Dicks Kaptur Pomeroy Weller Woolsey Zeliff Wolf Young (AK) Dingell Kasich Porter Williams Wynn Zimmer Dixon Kelly Portman Wilson Yates NOT VOTING—31 Doggett Kennedy (MA) Poshard Bachus Hayes Nethercutt Dooley Kennedy (RI) Pryce NOT VOTING—28 Chapman Heineman Norwood Doolittle Kennelly Quillen Bachus Heineman Norwood Conyers Jefferson Pastor Dornan Kildee Quinn Cubin Jefferson Pastor Cubin Johnson, E.B. Peterson (FL) Doyle Kim Radanovich Dellums Johnson, E. B. Peterson (FL) Dellums Johnston Rangel Dreier King Rahall Durbin Johnston Rangel Durbin Largent Thompson Duncan Kingston Ramstad Edwards Largent Thompson Edwards Laughlin White Dunn Kleczka Reed Fazio Laughlin White Fazio Lewis (CA) Whitfield Ehlers Klink Regula Fields (TX) McCrery Whitfield Fields (TX) Markey Wicker Ehrlich Klug Richardson Furse Meyers Wicker Furse McCrery Engel Knollenberg Riggs Ganske Mink Ganske Mink English Kolbe Rivers Hayes Nethercutt Ensign LaFalce Roberts b 1833 Eshoo LaHood Roemer b 1842 Evans Lantos Rogers So (two-thirds having voted in favor Everett Latham Rohrabacher So (two-thirds having voted in favor thereof) the rules were suspended and Ewing LaTourette Ros-Lehtinen thereof) the rules were suspended, the the bill, as amended, was passed. Farr Lazio Rose joint resolution was passed. Fattah Leach Roth The result of the vote was announced The result of the vote was announced Fawell Levin Roukema as above recorded. Fields (LA) Lewis (CA) Roybal-Allard as above recorded. A motion to reconsider was laid on Filner Lewis (GA) Royce The title was amended so as to read: the table. Flake Lewis (KY) Rush ‘‘Joint resolution to confer honorary Flanagan Lightfoot Sabo citizenship of the United States on f Foglietta Lincoln Salmon Foley Linder Sanders Agnes Gonxha Bojaxhiu, also known as Forbes Lipinski Sanford Mother Teresa’’. CONFERRING HONORARY U.S. Ford Livingston Sawyer A motion to reconsider was laid on CITIZENSHIP TO MOTHER TERESA Fowler LoBiondo Saxton the table. Fox Lofgren Scarborough The SPEAKER pro tempore (Mr. Frank (MA) Longley Schaefer f GOODLATTE). The pending business is Franks (CT) Lowey Schiff the question of suspending the rules Franks (NJ) Lucas Schroeder CLARIFYING RULES GOVERNING and passing the joint resolution, House Frelinghuysen Luther Schumer REMOVAL OF CASES TO FED- Frisa Maloney Scott Joint Resolution 191, as amended. Frost Manton Seastrand ERAL COURT The Clerk read the title of the joint Funderburk Manzullo Sensenbrenner The SPEAKER pro tempore. The Gallegly Markey Serrano resolution. pending business is the question of sus- The SPEAKER pro tempore. The Gejdenson Martinez Shadegg Gekas Martini Shaw pending the rules and passing the Sen- question is on the motion offered by Gephardt Mascara Shays ate bill, S. 533. the gentleman from Illinois [Mr. Geren Matsui Shuster The Clerk read the title of the Senate FLANAGAN] that the House suspend the Gibbons McCarthy Sisisky Gilchrest McCollum Skaggs bill. rules and pass the joint resolution, Gillmor McDade Skeen The SPEAKER pro tempore. The House Joint Resolution 191, as amend- Gilman McDermott Skelton question is on the motion offered by ed. Gonzalez McHale Slaughter the gentleman from California [Mr. The question was taken. Goodlatte McHugh Smith (MI) Goodling McInnis Smith (NJ) MOORHEAD] that the House suspend the Mr. FLANAGAN. Mr. Speaker, on Gordon McIntosh Smith (TX) rules and pass the Senate bill, S. 533. that, I demand the yeas and nays. Goss McKeon Smith (WA) The question was taken; and (two- The yeas and nays were ordered. Graham McKinney Solomon Green (TX) McNulty Souder thirds having voted in favor thereof) The SPEAKER pro tempore. This Greene (UT) Meehan Spence the rules were suspended, and the Sen- will be a 5-minute vote. Greenwood Meek Spratt ate bill was passed. The vote was taken by electronic de- Gunderson Menendez Stark A motion to reconsider was laid on vice, and there were—yeas 405, nays 0, Gutierrez Metcalf Stearns Gutknecht Mica Stenholm the table. not voting 28, as follows: Hall (OH) Millender- Stockman f [Roll No. 415] Hall (TX) McDonald Stokes Hamilton Miller (CA) Studds YEAS—405 Hancock Miller (FL) Stump ECONOMIC ESPIONAGE ACT OF 1996 Abercrombie Boehner Clay Hansen Minge Stupak The SPEAKER pro tempore. The Ackerman Bonilla Clayton Harman Moakley Talent Allard Bonior Clement Hastert Molinari Tanner pending business is the question of sus- Andrews Bono Clinger Hastings (FL) Mollohan Tate pending the rules and passing the bill, Archer Borski Clyburn Hastings (WA) Montgomery Tauzin H.R. 3723, as amended. Armey Boucher Coble Hayworth Moorhead Taylor (MS) The Clerk read the title of the bill. Baesler Brewster Coburn Hefley Moran Taylor (NC) Baker (CA) Browder Coleman Hefner Morella Tejeda The SPEAKER pro tempore. The Baker (LA) Brown (CA) Collins (GA) Herger Murtha Thomas question is on the motion offered by Baldacci Brown (FL) Collins (IL) Hilleary Myers Thornberry the gentleman from Indiana [Mr. Ballenger Brown (OH) Collins (MI) Hilliard Myrick Thornton Barcia Brownback Combest Hinchey Nadler Thurman BUYER] that the House suspend the Barr Bryant (TN) Condit Hobson Neal Tiahrt rules and pass the bill, H.R. 3723, as Barrett (NE) Bryant (TX) Conyers Hoekstra Neumann Torkildsen amended. Barrett (WI) Bunn Cooley Hoke Ney Torres The question was taken. Bartlett Bunning Costello Holden Nussle Torricelli Barton Burr Cox Horn Oberstar Towns Mr. COOLEY. Mr. Speaker, on that, I Bass Burton Coyne Hostettler Obey Traficant demand the yeas and nays. Bateman Buyer Cramer Houghton Olver Upton The yeas and nays were ordered. Becerra Callahan Crane Hoyer Ortiz Velazquez Beilenson Calvert Crapo Hunter Orton Vento The SPEAKER pro tempore. This Bentsen Camp Cremeans Hutchinson Owens Visclosky will be a 5-minute vote. Bereuter Campbell Cummings Hyde Oxley Volkmer The vote was taken by electronic de- Berman Canady Cunningham Inglis Packard Vucanovich vice, and there were—yeas 399, nays 3, Bevill Cardin Danner Istook Pallone Walker Bilbray Castle Davis Jackson (IL) Parker Walsh not voting 31, as follows: Bilirakis Chabot de la Garza Jackson-Lee Paxon Wamp [Roll No. 416] Bishop Chambliss Deal (TX) Payne (NJ) Ward Bliley Chapman DeFazio Jacobs Payne (VA) Waters YEAS—399 Blumenauer Chenoweth DeLauro Johnson (CT) Pelosi Watt (NC) Abercrombie Andrews Baesler Blute Christensen DeLay Johnson (SD) Peterson (MN) Watts (OK) Ackerman Archer Baker (CA) Boehlert Chrysler Deutsch Johnson, Sam Petri Waxman Allard Armey Baker (LA) September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10495 Baldacci Ehlers Knollenberg Rivers Skaggs Torres Berman Gonzalez Oberstar Ballenger Ehrlich Kolbe Roberts Skeen Torricelli Bevill Goodling Obey Barcia Engel LaFalce Roemer Skelton Towns Bilbray Gordon Olver Barr English LaHood Rogers Slaughter Traficant Bilirakis Goss Ortiz Barrett (NE) Ensign Lantos Rohrabacher Smith (MI) Upton Bishop Green (TX) Orton Barrett (WI) Eshoo Latham Ros-Lehtinen Smith (NJ) Velazquez Bliley Greene (UT) Oxley Bartlett Evans LaTourette Rose Smith (TX) Vento Blumenauer Greenwood Packard Barton Everett Lazio Roth Smith (WA) Visclosky Blute Gunderson Pallone Bass Ewing Leach Roukema Solomon Volkmer Boehlert Gutierrez Paxon Bateman Farr Levin Roybal-Allard Souder Vucanovich Boehner Hall (OH) Payne (VA) Becerra Fattah Lewis (CA) Royce Spence Walker Bonilla Hall (TX) Pelosi Beilenson Fawell Lewis (GA) Rush Spratt Walsh Bonior Hamilton Petri Bentsen Fields (LA) Lewis (KY) Sabo Stearns Wamp Boucher Hansen Pickett Bereuter Filner Lightfoot Salmon Stenholm Ward Brewster Harman Pombo Berman Flake Lincoln Sanders Stockman Watt (NC) Browder Hastert Pomeroy Bevill Foglietta Linder Sanford Stokes Watts (OK) Brown (CA) Hilliard Porter Bilbray Foley Lipinski Sawyer Studds Waxman Brown (FL) Hinchey Portman Bilirakis Forbes Livingston Saxton Stump Weldon (FL) Brownback Hobson Poshard Bishop Ford LoBiondo Scarborough Stupak Weldon (PA) Bryant (TN) Hoke Pryce Bliley Fowler Lofgren Schaefer Talent Weller Bunn Holden Quillen Blumenauer Fox Longley Schiff Tanner Whitfield Bunning Horn Quinn Blute Frank (MA) Lowey Schroeder Tate Williams Burr Houghton Rahall Boehlert Franks (CT) Lucas Schumer Tauzin Wise Burton Hoyer Reed Boehner Franks (NJ) Luther Scott Taylor (MS) Wolf Buyer Jackson (IL) Regula Bonilla Frelinghuysen Maloney Seastrand Taylor (NC) Woolsey Callahan Jackson-Lee Richardson Bonior Frisa Manton Sensenbrenner Tejeda Wynn Calvert (TX) Riggs Bono Frost Manzullo Serrano Thomas Yates Camp Jacobs Roberts Borski Funderburk Martinez Shadegg Thornberry Young (AK) Campbell Johnson (CT) Rogers Boucher Gallegly Martini Shaw Thornton Young (FL) Canady Johnson (SD) Ros-Lehtinen Brewster Gejdenson Mascara Shays Thurman Zeliff Cardin Johnson, Sam Roth Browder Gekas Matsui Shuster Tiahrt Zimmer Castle Kasich Roybal-Allard Sisisky Torkildsen Chapman Kelly Rush Brown (CA) Gephardt McCarthy Christensen Kennedy (MA) Sabo Brown (FL) Geren McCollum NAYS—3 Chrysler Kennedy (RI) Sawyer Brown (OH) Gibbons McDade Clay Kennelly Saxton Brownback Gilchrest McDermott Cooley Stark Wilson Clayton Kildee Schiff Bryant (TN) Gillmor McHale NOT VOTING—31 Clement Kim Scott Bryant (TX) Gilman McHugh Clinger King Serrano Bunn Gonzalez McInnis Bachus Hayes Nethercutt Clyburn Kingston Shaw Bunning Goodlatte McIntosh Cubin Heineman Norwood Coleman Klink Shays Burr Goodling McKeon Dellums Jefferson Pastor Collins (IL) Knollenberg Sisisky Burton Gordon McKinney Durbin Johnson, E. B. Peterson (FL) Edwards Johnston Rangel Collins (MI) Kolbe Skeen Buyer Goss McNulty Combest LaFalce Skelton Callahan Graham Meehan Fazio Largent Thompson Fields (TX) Laughlin Waters Costello LaHood Smith (NJ) Calvert Green (TX) Meek Coyne Lantos Smith (TX) Camp Greene (UT) Menendez Flanagan Markey White Furse McCrery Wicker Cramer Latham Solomon Campbell Greenwood Metcalf Crapo Lazio Spence Canady Gunderson Meyers Ganske Mink Hastings (FL) Montgomery Cummings Leach Spratt Cardin Gutierrez Mica de la Garza Lewis (CA) Stenholm Castle Gutknecht Millender- b DeLauro Lewis (KY) Stockman Chabot Hall (OH) McDonald DeLay Lightfoot Stokes Chambliss Hall (TX) Miller (CA) Messrs. ZIMMER, MINGE, and BUR- Diaz-Balart Lincoln Studds Chapman Hamilton Miller (FL) TON of Indiana changed their vote Dicks Linder Stump Chenoweth Hancock Minge Dingell Lipinski Tanner Christensen Hansen Moakley from ‘‘nay’’ to ‘‘yea.’’ Dixon Livingston Tauzin Chrysler Harman Molinari So (two-thirds having voted in favor Doggett Longley Taylor (MS) Clay Hastert Mollohan thereof) the rules were suspended and Doolittle Lowey Taylor (NC) Clayton Hastings (WA) Moorhead Dornan Lucas Tejeda Clement Hayworth Moran the bill, as amended, was passed. Doyle Manton Thomas Clinger Hefley Morella The result of the vote was announced Dreier Markey Thornberry Clyburn Hefner Murtha as above recorded. Dunn Martinez Thornton Coble Herger Myers A motion to reconsider was laid on Ehlers Mascara Thurman Coburn Hilleary Myrick Engel Matsui Torkildsen Coleman Hilliard Nadler the table. English McCollum Torres Collins (GA) Hinchey Neal f Eshoo McDade Torricelli Collins (IL) Hobson Neumann Evans McHale Towns Collins (MI) Hoekstra Ney Everett McHugh Traficant Combest Hoke Nussle GEORGE BUSH SCHOOL OF GOV- Ewing McInnis Upton Condit Holden Oberstar ERNMENT AND PUBLIC SERVICE Farr McIntosh Velazquez Conyers Horn Obey ACT Fattah McKeon Vento Costello Hostettler Olver Fields (LA) McNulty Visclosky Cox Houghton Ortiz The SPEAKER pro tempore (Mr. Flake Meek Volkmer Coyne Hoyer Orton GOODLATTE). The pending business is Foglietta Menendez Vucanovich Cramer Hunter Owens Ford Meyers Walker Crane Hutchinson Oxley the question of suspending the rules Fowler Mica Walsh Crapo Hyde Packard and passing the bill, H.R. 3803, as Fox Millender- Ward Cremeans Inglis Pallone amended. Franks (CT) McDonald Waxman Cummings Istook Parker Frelinghuysen Moakley Weldon (PA) Cunningham Jackson (IL) Paxon The Clerk read the title of the bill. Frisa Molinari Weller Danner Jackson-Lee Payne (NJ) The SPEAKER pro tempore. The Frost Mollohan Whitfield Davis (TX) Payne (VA) question is on the motion offered by Gallegly Montgomery Williams de la Garza Jacobs Pelosi the gentleman from Pennsylvania [Mr. Gejdenson Moorhead Wilson Deal Johnson (CT) Peterson (MN) Gekas Moran Wise DeFazio Johnson (SD) Petri GOODLING] that the House suspend the Gephardt Morella Wolf DeLauro Johnson, Sam Pickett rules and pass the bill, H.R. 3803, as Geren Murtha Wynn DeLay Jones Pombo amended, on which the yeas and nays Gibbons Myers Young (AK) Deutsch Kanjorski Pomeroy Gilchrest Nadler Young (FL) Diaz-Balart Kaptur Porter are ordered. Gillmor Neal Zeliff Dickey Kasich Portman The vote was taken by electronic de- Gilman Nussle Dicks Kelly Poshard vice, and there were—yeas 279, nays Dingell Kennedy (MA) Pryce NAYS—116 Dixon Kennedy (RI) Quillen 116, not voting 38, as follows: Allard Brown (OH) Conyers Doggett Kennelly Quinn [Roll No. 417] Baesler Chabot Cooley Dooley Kildee Radanovich Baker (CA) Chambliss Cox Doolittle Kim Rahall YEAS—279 Barcia Chenoweth Cremeans Dornan King Ramstad Abercrombie Baldacci Bateman Barr Coble Cunningham Doyle Kingston Reed Ackerman Ballenger Becerra Barrett (WI) Coburn Danner Dreier Kleczka Regula Archer Barrett (NE) Beilenson Bartlett Collins (GA) Deal Duncan Klink Richardson Armey Barton Bentsen Bono Condit DeFazio Dunn Klug Riggs Baker (LA) Bass Bereuter H10496 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Deutsch Kaptur Roukema offer a privileged resolution (H. Res. drug usage. First of all, they rebut and Dickey Kleczka Royce Duncan Klug Salmon 523) and ask for its immediate consider- they clearly indicate that building Ehrlich LaTourette Sanders ation. more Federal prisons, giving political Ensign Lewis (GA) Sanford The Clerk read the resolution, as fol- year gimmickry and loud talking will Fawell LoBiondo Scarborough lows: not be a solution. Housing juveniles Filner Lofgren Schaefer Flanagan Luther Schroeder H. RES. 523 with adults will not be a solution. Sug- Foley Maloney Schumer Resolved, That the following named Mem- gesting that you can single-handedly Forbes Manzullo Seastrand bers be, and that they are hereby, elected to as a politician cut teenage drug use in Frank (MA) Martini Sensenbrenner Franks (NJ) McCarthy Shadegg the following standing committees of the half is not a solution. Funderburk McDermott Skaggs House of Representatives: What these individuals said, which Goodlatte McKinney Slaughter To the Committee on Small Business: Mr. was a directed comment on the fact Graham Meehan Smith (MI) BECERRA of California, Mr. CLYBURN of South that it does take a family, a commu- Gutknecht Metcalf Smith (WA) Carolina, Ms. NORTON of the District of Co- Hancock Miller (CA) Souder nity, a village, a State, a Nation to lumbia, and Ms. WATERS of California; raise the future generation, was that Hastings (WA) Miller (FL) Stearns To the Committee on Veterans’ Affairs: Hayworth Minge Stupak Mr. PETERSON of Minnesota. parents must become more involved in Hefley Myrick Talent the concept of moral leadership, indi- Hefner Neumann Tate The resolution was agreed to. cating that it is not the right thing to Herger Ney Tiahrt A motion to reconsider was laid on Hilleary Owens Wamp do to experiment with drugs. I know the table. Hoekstra Parker Waters there is a study that says that those Hostettler Payne (NJ) Watt (NC) f Hunter Peterson (MN) Watts (OK) parents who are of the baby boomer Hutchinson Radanovich Weldon (FL) SPECIAL ORDERS generation are a little bit intimidated. Inglis Ramstad Woolsey Well, a parent is a parent. I refuse to Istook Rivers Yates The SPEAKER pro tempore. Under accept that. Jones Roemer Zimmer the Speaker’s announced policy of May Kanjorski Rohrabacher As I listened to those who are on the 12, 1995, and under a previous order of battlefield on this issue, individuals NOT VOTING—38 the House, the following Members will who raise concerns about making sure Andrews Furse Mink be recognized for 5 minutes each. that those who wanted to be treated for Bachus Ganske Nethercutt Borski Hastings (FL) Norwood f drug addiction could have treatment Bryant (TX) Hayes Pastor The SPEAKER pro tempore. Under a on demand, a reasoned response so that Crane Heineman Peterson (FL) those drug addicts would not be lost, Cubin Hyde Rangel previous order of the House, the gen- Davis Jefferson Rose tleman from Florida [Mr. GOSS] is rec- that would also provide parents with Dellums Johnson, E. B. Shuster ognized for 5 minutes. education to help them be able to teach Dooley Johnston Stark their children against the evils of drugs [Mr. GOSS addressed the House. His Durbin Largent Thompson but also the dangers of drugs, one thing Edwards Laughlin White remarks will appear hereafter in the that we have not done with the preven- Fazio Levin Wicker Extensions of Remarks.] Fields (TX) McCrery tion programs dealing with drugs is to f b 1900 include the wide net of teachers and as TEENAGE DRUG USE well parents. That is an important Mrs. ROUKEMA and Mr. issue. CUNNINGHAM changed their vote The SPEAKER pro tempore. Under a We have not responded to those who from ‘‘yea’’ to ‘‘nay.’’ previous order of the House, the gentle- have been rehabilitated to create jobs, Mr. BROWNBACK changed his vote woman from Texas [Ms. JACKSON-LEE] but yet the Presidential candidate who from ‘‘nay’’ to ‘‘yea.’’ is recognized for 5 minutes. is now running, who seeks the Presi- So (two-thirds having voted in favor Ms. JACKSON-LEE of Texas. Mr. dency, believes that he can raise points thereof) the rules were suspended and Speaker, I had the privilege in being and raise opportunity with political the bill, as amended, was passed. home in the district to listen to the rhetoric of incarcerating those who The result of the vote was announced most important components of democ- might use drugs. This is not a political as above recorded. racy and that is the people, the 18th issue. It is an issue of family and chil- A motion to reconsider was laid on Congressional District. We held a hear- the table. dren. It is an issue that needs a collec- ing in city council chambers in the tive mind-set. f 18th District on September 16 regard- So I come to the floor of the House to PERMISSION FOR SPEAKER TO EN- ing the scourge of teenage drug use. say that I will be supporting legisla- TERTAIN CERTAIN MOTIONS TO The enlightening fact that I think tion that encompasses parents in edu- SUSPEND RULES ON WEDNES- should be evidenced around the Nation cational opportunities to encourage DAY, SEPTEMBER 18, 1996 is that no one with good common them and give them support and in giv- Mr. SOLOMON. Mr. Speaker, I ask sense, no one running for office, seek- ing their children the right instruc- unanimous consent that, notwithstand- ing reelection, running for the first tion, teachers and schools. I will be ing clause 1 of Rule XXVII, the Speak- time, rises to any podium, takes any supporting legislation and sponsoring er may entertain motions to suspend microphone, goes to any newspapers, legislation that says that the Federal the rules and pass the following bills stands before any audience and says, I Drug Forfeiture Asset Act should in- on Wednesday, September 18, 1996: H.R. am glad and I am enthusiastic about clude more opportunity for its usage by 2594, H.R. 2940, H.R. 3923, H.R. 3348, H.R. increased use of drugs by teenagers. So taking some of those funds that are 4040, S. 1995, and S. 1636. for us to make this a partisan issue captured from those who sell drugs, the These are the suspension bills that during this election year makes us property of those who sell drugs, and we were unable to finish earlier. miss the point. The real issue is, how provide those funds for AIDS research, The SPEAKER pro tempore (Mr. do we respond to our young people who for treatment and prevention of those GOODLATTE). Is there objection to the have lost their way and begin to think using drugs. request of the gentleman from New that the frivolity of drug use is the We need to get down to the bottom York? way of the future? line and the bottom line is that we do There was no objection. I would offer to say to you that the have a crisis in this Nation. I hope f hearing that we held in Houston, lis- more of my colleagues will go home to tening to the U.S. attorney for the their districts, listen to the people who ELECTION OF MEMBERS TO COM- southern district of Texas, the special are on the front line, listen to parents MITTEE ON SMALL BUSINESS agent in charge of the DEA, the FBI, and teachers and, yes, listen to reha- AND COMMITTEE ON VETERANS’ the Harris County medical examiner, bilitated drug addicts who said to me AFFAIRS juvenile court judge and a myriad of last evening, I am prepared to work Mrs. KENNELLY. Mr. Speaker, by di- community leaders and individuals with you every step of the way. Pro- rection of the Democratic Caucus, I who have hands-on experience with vide us with jobs, give us treatment on September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10497 demand. Give us the opportunity to ernment in 1971, contrary to Turkey’s that ad that action as a risky tax turn the heads of children who would obligations under international law. scheme. Those three words are used to experiment with designer drugs, caus- It is my hope that our new Arch- describe the plan to bring about a 15- ing the loss of life of a very dear teen bishop will work with me and others to percent across-the-board tax cut for in our community, a bright athlete. We see that this school is again open to working families in this country. are prepared to work with you in the train such talented people. Then, back from California and to real solutions. We just want the politi- With a thirst for knowledge, Arch- Washington, to get this amazing report cal rhetoric to stop. bishop Spyridon pursued postgraduate that has come forward. For starters we I am here on the floor of the House studies at the University of Geneva in have seen the information that the today on September 17 to say, I agree Switzerland. Having been awarded a Clinton proposed tax cut, actually over with you 100 percent. The political scholarship by the Ecumenical Patri- a 10-year period, is a tax increase of $64 rhetoric will stop and those of us who archate, he then studied Byzantine lit- billion, but, Madam Speaker, that is want to get to work will get to work erature at Bochum University in Ger- just the tip of the iceberg. and stem the tide of drug use among many. The latest development came forward teenagers in this Nation. Archbishop Spyridon has served as from the Secretary of the Interior, Sec- f secretary at the Permanent Delegation retary Babbitt, who has informed us The SPEAKER pro tempore. Under a of the Ecumenical Patriarchate to the that he now wants to implement his previous order of the House, the gen- world council of churches from 1966 to Teeming with Wildlife Project. Now tleman from Indiana [Mr. BURTON] is 1967, and later as secretary of the Or- what does the Teeming with Wildlife recognized for 5 minutes. thodox Center of the Ecumenical Patri- Project consist of? It consists of a tax archate at Chambesy, Geneva. He was increase, a tax increase of from one- [Mr. BURTON addressed the House. also the director of its news bulletin His remarks will appear hereafter in quarter of 1 percent to 5 percent on from 1976 to 1985. outdoor-related items. the Extensions of Remarks.] Also from 1976 to 1985, he was as- f Now, when one thinks of outdoor re- signed duties as dean of the Greek Or- lated items, this is a very far-reaching A TRIBUTE TO THE FIRST AMER- thodox community of St. Andrew in area. Some have mentioned bird seed ICAN-BORN ARCHBISHOP OF THE Rome. Prior to his post as metropoli- as one of those items that would be GREEK ORTHODOX CHURCH OF tan of Italy, he was assigned to the taxed, and others have thought about AMERICA—ARCHBISHOP Greek Orthodox Archdiocese of Austria the prospect of the taxation of SPYRIDON and Exarchate of Italy. backpacks, and I was thinking, as chil- Certainly, his achievements are dren have started school this month, of The SPEAKER pro tempore (Mrs. many and varied. Archbishop Spyridon MYERS of Kansas). Under a previous the increase in the tax for those chil- is fluent in English, French, German, dren buying backpacks, and you think order of the House, the gentleman from Greek, and Italian. Florida [Mr. BILIRAKIS] is recognized of the other things that relate to this: His Eminence brings with him the boots and parkas and all kinds of for 5 minutes. knowledge and insight that comes from Mr. BILIRAKIS. Madam Speaker, I items, and this supposedly is going into having lived in America and Europe. I a fund that is designed to fund edu- rise today to recognize a very special am confident that his energy, enthu- occasion, and that is the enthronement cation, recreation, and conservation siasm, and leadership will serve the projects. of the newly elected Archbishop of the Church well, as he pursues church Greek Orthodox Archdiocese of Amer- Now, this administration is sup- unity between the Greek Orthodox posedly talking about a tax cut when ica, Archbishop Spyridon. Church and the other Orthodox com- On September 21, 1996, the enthrone- the Secretary of Interior is proposing munities in the United States. what obviously would be a tax in- ment ceremony will take place in New In addition, I am sure that his dy- York for Archbishop Spyridon—the crease, which he claims would raise ap- namic personality will help him in ad- proximately $350 million, that tax on first American-born leader of Greek or- dressing the interests and needs of thodoxy in the United States since the our people who are hoping to enjoy both, the American-born and immi- some sort of outdoor activity. It is, I Archdiocese was founded in 1922. grant members of our church. Born on September 24, 1944, in War- believe, preposterous to have this kind I wish him all the best for a bright of proposal come forward. As a Rep- ren, OH, George Papageorgiou is the future as the new spiritual leader of one of Clara and the late Dr. Con- resentative who comes to this institu- the Greek Orthodox Church of Amer- tion from the western part of the Unit- stantine P. George. Spyridon is actu- ica. ally the Archbishop’s religious name ed States, I can think of little more which he took in honor of a fourth-cen- f that would be punitive than those that tury Cypriot saint who was revered for b 1930 want to enjoy the great outdoors, and his skills as a shepherd. He choose this at the rate we are going on this there name when he was ordained a deacon in OPPOSE THE DEPARTMENT OF might be a surcharge that Secretary 1968. THE INTERIOR’S PROPOSAL TO Babbitt may want to impose for just For the past 5 years, Archbishop TAX OUTDOOR-RELATED ITEMS enjoying the fresh air that we have out Spyridon has lived in Venice, Italy, I The SPEAKER pro tempore (Mrs. West. would like to be one of the first to wel- MEYERS of Kansas). Under a previous Madam Speaker, I believe that it is a come him back to his homeland here in order of the House, the gentleman from very, very sad day when we have got America. In fact, it gives me great California [Mr. DREIER] is recognized these kinds of proposals coming for- pleasure to note that he graduated for 5 minutes. ward, but tragically, Madam Speaker, from Tarpon Springs High School Mr. DREIER. Madam Speaker, I rise they are indicative of the kinds of which is located in my Florida congres- to inform my colleagues that this things that this administration has sional district. I might add, proudly, weekend I had the opportunity, as I done with its massive increase on mid- that I was born in that city and that suppose many have, of seeing a politi- dle-class wage earners and that they my wife’s and my parents and grand- cal advertisement on television; we are propose to do in the future even though parents immigrated there in the early all being deluged with these ads that they called theirs a tax cut and they part of this century. are coming on, and I saw, believe it or described a real tax cut, that proposed After high school, he returned to not, a Clinton-Gore campaign ad. In by the Dole-Demp ticket as nothing Greece to prepare for priesthood. He this ad they described what Bob Dole more than a risky tax scheme. studied at the famous Theological and Jack Kemp have put forward as a Madam Speaker, I urge my col- School of Halki in Turkey where he plan to allow the American people to leagues to join in opposition to this lu- graduated with highest honors. Unfor- keep more of their own hard-earned dicrous proposal which has come for- tunately, the renowned Orthodox money. As Bob Dole says so well, it is ward from the Department of the Inte- school was closed by the Turkish Gov- not ours; it is theirs. They describe in rior. H10498 CONGRESSIONAL RECORD — HOUSE September 17, 1996 THE PUBLIC ENTITLED TO EX- has not allowed the Governor or the have not been replaced. They have been PRESS VIEWS ON THE two Senators and the elected Rep- replaced only by these part-time low KAIPAROWITZ PLATEAU resentatives of the people of Utah to paying jobs, and that is what I hear The SPEAKER pro tempore. Under a even see this proposal less than 24 when I go back to my district; and that previous order of the House, the gentle- hours before he intends to make it? is not what I want for my children or woman from Utah [Ms. GREENE] is rec- Why will not the President allow the for the children of America. ognized for 5 minutes. people of this Nation, the people of You know I heard the most startling Ms. GREENE of Utah. Madam Speak- Utah, the people of the Kaiparowits news. First I hear the news on the er, it now appears more likely than not Plateau the opportunity to at least drugs for our teens that are offered up that tomorrow the President will an- find out what it is the President pro- by this administration. Now I see the nounce that he has unilaterally decided poses? trade deficit. This is the headline in to make sweeping changes to the man- If the President can do it to Utah, he the Washington Times: ‘‘The Trade agement of nearly 2 million acres of can do it to anyone, and, Madam Deficit Worse in a Year, Productivity Federal land. What process has brought Speaker, I would suggest to my col- Crawls Higher.’’ Trade deficit, startling us to this change? leagues in the House and in the Senate trade deficits; they are running $10 bil- There has been no environmental im- and the people across this country that lion a year. pact statement, there has been no com- the way to make decisions about our That means every single month we pliance with FLPMA, there has been no Federal resources, the way to make de- are sending more and more money compliance with NEPA, there have cisions about what kind of country we overseas and we are losing a trade war, been no public hearings, there have want to live in, the way to make deci- and at the end of this session it galls been no congressional hearings, there sions that impact the schoolchildren of me to see this happen, because we had has been no notice in the Federal Reg- this Nation is not to do it by stealth, is a proposal, a good proposal, to reorga- ister and no public comment period to not to do it without involving the nize our trade activities, our inter- allow the people of this Nation the op- elected representatives of both parties national trade activities, in Washing- portunity to comment on the Presi- in the decision. ton at the Federal level. Right now we dent’s proposal. Madam Speaker, regardless of what have 19 agencies dealing with Federal Instead, the President proposes to the terms of the President’s announce- trade. lock away nearly 2 million acres of ment tomorrow may be, regardless of This is the flow chart. This is the land in Utah by Executive fiat by in- whether he has particular boundaries most disorganized, disjointed, unorga- voking the provision of the 1906 act in mind or simply announces his inten- nized mess you have ever seen: 19 agen- known as the Antiquities Act to de- tion to move forward, the point is that cies, right hand not knowing what the clare the largest national monument in the President has done this more in the left hand is doing, spending $3 billion the lower 48 States, and in doing so, style of the old Soviet Union than in taxpayer dollars, and we are getting the President will render worthless the tradition of democracy in America. our pants beat in the trade war. And over 200,000 acres of Utah land belong- It is the wrong way to make public pol- this they reject, the President helped ing to the schoolchildren of Utah since icy and, Mr. President, I call on you to defeat it, the new Secretary of Com- 1896, set aside by this Congress to help let the people have a chance to decide merce helped defeat it. finance the public education of the what to do with the lands we own. Instead you know what they have schoolchildren of Utah, not to mention f done for us? They negotiated lousy what this decision will mean to other trade deals, and then I see in my dis- FUTURE OPPORTUNITY FOR OUR easements and rights-of-way existing trict what those lousy trade deals have CHILDREN in other lands in the area. done. What is the President doing? It ap- The SPEAKER pro tempore. Under a You cannot see this very well, my pears that the President is going to an- previous order of the House, the gen- colleagues, but this is an auction no- nounce the creation of a new national tleman from Florida [Mr. MICA] is rec- tice to sell equipment in my State near monument on the Kaiparowitz Plateau ognized for 5 minutes. my district in Florida. It is because of Utah. A national monument is a Mr. MICA. Madam Speaker, I come they have wiped out through negotiat- hard thing to argue against, and indeed before the House tonight to and I spoke ing a bad NAFTA agreement, giving up the Utah delegation is not necessarily earlier today about the lack of a na- the opportunity for this Nation to opposed to the idea of creation of a na- tional drug policy or strategy and fail- produce agriculture to sell to its own tional monument in the State of Utah ure of this administration to protect people, and internationally we once led on the Kaiparowitz Plateau. The our young people. We now see sky- in agriculture. This is selling the Kaiparowitz Plateau in places is beau- rocketing drug use and abuse, and to- equipment. tiful, it is a unique environment, and it night I am here to talk about another And do you know what the farmers is for that reason that portions of the thing that affects our young people, told me that went to this sale? They Kaiparowitz Plateau were included in and that is their opportunity for the did not buy the equipment; they were the wilderness recommendation sub- future, their opportunity to have jobs, selling equipment. That there were mitted by the Utah delegation in both their opportunity to have employment, people with cellular phones speaking in the House and Senate this year. their opportunity to have income in Spanish, and this equipment is being Our disagreement with the President, our society which has always provided shipped to Mexico. however, is that it is not right, it is not such great opportunity. So here we see the fruits. They de- democratic, with a small ‘‘d,’’ it is not You know, we have heard from this stroyed a good plan for organization to American to simply decide by one indi- administration about the 10 million have some sense made out of our trade vidual’s decision to take 2 million new jobs that are created, and in fact effort. Now we are selling through acres of land and change the way it is we need to just take a minute and look their bad efforts our equipment at used and managed for this generation at those 10 million new jobs because I nickels on a dollar overseas. and for generations of the future with- have talked to people that have 2 and b out an opportunity to allow the public some of them 3 of those 10 million new 1930 to express their views. If the situation jobs. They are part-time jobs, they are Madam Speaker, this is a national were reversed, if the President was an- low paying jobs, they are service jobs, tragedy. What hope does this hold for nouncing that 2 million acres of Fed- and what in fact has happened they are our children: Lower-paying jobs, serv- eral land by his decision would be not telling us. ice jobs, part-time jobs, jobs without thrown open to development tomorrow, The fact is that during the years benefits? Here they are talking about we would be outraged, and rightfully from 1993 to 1995 we lost 8.4 million $5.15 an hour. That is what their goal so. good paying jobs in this Nation, people is, to pay $5.15 an hour, when in my My question to the President tonight who had good paying jobs in technical State you get $8.75 an hour for not is what is the President afraid of? What areas that paid a good living wage, and working on welfare, and you get medi- is he so afraid of in his proposal that he those jobs were destroyed, and they cal benefits in addition. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10499 So these are the choices that have about what the administration has in command is changed, so there is no been before this Congress. This is what terms of their plan, whether they have continuity of leadership, such that a we see this administration has done. a goal, whether they have a military leader realizes he is going to be there You have seen what we proposed. I operation that really evaluates all the for a while and has a chance to settle proposed an organization to have our possible contingencies. down, look at the security problems, trade financing, to have our trade as- Many people we talked to throughout and address those problems. So the ro- sistance, to have our trade negotiation the country, our constituents, say to tation policy is an extremely bad pol- together so we could help our busi- us, we think, if we have to, we will go icy and nobody addressed that. nesses, rather than hurt our businesses in and do the same thing that George Let me just say one other thing and send our opportunities overseas. Bush did several years ago in Desert about the bombing, Madam Speaker, Instead of building a bridge for to- Storm. that took place in November, that morrow, we are building bridges to I just want to report, Madam Speak- should have warned us about the Mexico and to other countries, with er, to the House and to our constitu- Khobar bombing. That was a 250-pound our assistance, so our goods and serv- ents, that we cannot do today what we bomb. We should have known that ices cannot be shipped there, but their did in Desert Storm, because the Clin- there could be a similar bomb launched goods and services can come here. We ton administration has dangerously on our troops 6 months later at are shipping those opportunities over- weakened our forces, your forces. They Khobar. That occurred. I hope people seas, because they will not listen. Do took your United States Army, that will watch the hearing tomorrow and Members know why they will not lis- numbered 18 divisions, 8 of which we follow this analysis in depth. ten? They cannot stand a new idea. It sent to Desert Storm, and they have f drives them crazy. cut that almost in half, to 10 divisions. If they have done it this way, if it is So we cannot send eight divisions to TWO MORE RIDICULOUS BIG disorganized this way, you keep it dis- Desert Storm if we have to, because GOVERNMENT TAXES organized this way. If you have 33,000 that only leaves two left for another The SPEAKER pro tempore. Under a people in the Department of Commerce contingency that could take place. previous order of the House, the gen- and 20,000 plus are in Washington, DC, They have cut our fighter airwings, tleman from Georgia [Mr. KINGSTON] is my God, we need every one of them our air power, and reduced them from recognized for 5 minutes. here in Washington, DC. 23 fighter airwings, so we have roughly Mr. KINGSTON. Madam Speaker, Madam Speaker, I have had it and I 50 percent of the United States air two more ridiculous big government hope the American people have had it, power that existed just a few years ago. taxes have been put out by the Clinton too. They have cut our U.S. Navy from 550 administration this week. The first one f ships to about 350 ships. So Madam is under the name of safety in the Speaker, the Clinton administration workplace as respects violence. This is UPCOMING HEARING IN THE COM- has dangerously weakened the United an OSHA proposal, the Occupational MITTEE ON NATIONAL SECURITY States. Safety and Health Administration, The SPEAKER pro tempore. Under a With respect to the attack on the megabureaucrats who love to come previous order of the House, the gen- Khobar Barracks on June 25, the analy- into small businesses and tell them tleman from California [Mr. HUNTER] is sis that is coming forth from General what they are already doing. recognized for 5 minutes. Downing’s report strongly criticizes This is what their proposal is. They Mr. HUNTER. Madam Speaker, I the way the Department of Defense and have, through a study, detected that wanted to comment a little bit about the Clinton administration handled the there is a lot of violence at night at the upcoming hearing that will be held security measures that existed imme- convenience stores, restaurants, and tomorrow by the Committee on Na- diately prior to this bombing. hotels, and places that are open 24 tional Security, myself and the gen- Let me just go through some of the hours a day. tleman from Pennsylvania [Mr. criticisms: They strongly criticized So what do the Washington big gov- WELDON], who is here, the chairman of U.S. central command for failing to ernment bureaucrats do? Instead of the Committee on National Security, support the enhancement of force pro- saying, maybe, that we need to address the gentleman from South Carolina, tection measures under an increased violence in society, maybe more police [Mr. SPENCE], and our other members. threat. Remember, when we say in- officers, maybe look into something We will have before us the Secretary creased threat, that last November, 6 that we can do, instead of going to of Defense and a number of other mili- months before the bombing in Saudi businesses and saying, how can we help tary leaders to explain some of the is- Arabia at the Khobar Barracks, we had you with the problems of violence, they sues that have arisen from the bombing a bombing with a 250-pound bomb at go to businesses and say, what are you in Saudi Arabia that took place June Riyadh. That was November 13, 1995. going to do about it? 25 of this year, the bombing of the We should have learned something So the businesses now, through a new Khobar Barracks, in which 19 Ameri- from that. OSHA proposal, will be required, if this cans were killed and several hundred, But the Downing report criticizes the passes, to have bulletproof glass; cash more than several hundred, were U.S. central command for failing to registers only at street level, so if peo- wounded. support the enhancement of force pro- ple are driving by they can see if they Madam Speaker, I think this bomb- tection measures under an increased are being held up or not; video cam- ing and the way it took place is sym- threat, and they criticize them for cre- eras, speed bumps, speed bumps in ho- bolic of the way the Clinton adminis- ating a confused set of command re- tels and restaurants because that will tration conducts national defense, at sponsibilities. That means that the so- cut down on the violence. I can just see least the American preparation. And called czar, this force protection czar some drug dealer saying, come on, do the situation we placed ourselves in, that was put in place, that was put in not rob that convenience store, they that our military leaders placed our place with such an undermanning of re- have speed bumps there; that will keep uniformed people in, I think is sym- sponsibility and had so little author- me from doing it. bolic of the weakness of the Clinton ad- ity, that in fact that was nobody in There is a requirement also that you ministration on defense, the naivete of Saudi Arabia who really was in charge have no more than $25 in your cash reg- the Clinton administration on defense, of force protection. ister at one time, and have paperwork and the fact that they tend to be, time They are also criticized for passively and training for your employees. and again, taken by surprise in this accepting Air Force manning and rota- This is what the Clinton administra- very dangerous world. tion policies. What does that mean? tion’s view of private businesses are Mr. Speaker, first, a number of That means that in this fighter airwing about: We are from the government, we Americans, since the Middle East is in the tours are approximately 90 days. are going to go into the convenience the headlines again, a number of Amer- That means that the command turns stores, the hotels and the restaurants icans are asking what we are request- over, 10 percent of the command turns all up and down the interstates, and ing to do in Iraq. They are worried over. Every week, 10 percent of your anywhere else they might be open 24 H10500 CONGRESSIONAL RECORD — HOUSE September 17, 1996 hours a day, and say this is what you control of government decisions, not PHOTOGRAPHIC EQUIPMENT AND SUPPLIES (2–3%) have to have. If you do not have it, being made by Washington bureauc- Cameras guess who will be happy to sue you? racy. We need to have commonsense in Film Their friends in the legal community. government, not bureaucrats making Lenses This is just big, crazy, insane Washing- all the decisions. Lens filters ton bureaucracy out of control, and Madam Speaker, I include for the Photo disc Range finders (including those designed for these are Clinton appointees who are RECORD the Teaming With Wildlife use with photographic cameras and parts pushing it. Product List. thereof) What else is on the Clinton agenda? The information referred to follows: RECREATIONAL VEHICLES (RV’S) (1⁄4%–1⁄2%, NO A new tax on backpacks and bird calls. TEAMING WITH WILDLIFE PRODUCT LIST MORE THAN $100) This one comes from the Department The following list is a draft of those prod- Campers/Motor homes/Travel trailers of the Interior. This is one that the ucts being considered for a user fee. Before SPORT UTILITY VEHICLES (1⁄4%, NO MORE THAN Clinton-appointed Secretary of the In- this list is incorporated into the draft legis- $100) terior says ‘‘This is a win-win situa- lation, we are asking companies, customers tion.’’ (users) and coalition members to provide f What they want to do is put up to a feedback on this list, as well as other details of the proposal. The products listed below HOW THE ADMINISTRATION PLAYS 5-percent tax on the following items, would have a graduated user fee of 1⁄4%–5% of THE BLAME GAME Madam Speaker: Backpacks. That the manufacturer’s price. The user fee must The SPEAKER pro tempore. Under a means all you little schoolkids going not act as a barrier to a product’s sale. Be- off, you are going to have to start pay- side each category is a suggested level for previous order of the House, the gen- ing 5 percent more for the Clinton ad- the user fee. Feedback from companies and tleman from Pennsylvania [Mr. ministration tax on you; camping consumers will help determine the final list WELDON] is recognized for 5 minutes. stoves, camping fuel, camping tarpau- of products and the percent to apply to each. Mr. WELDON. Madam Speaker, the lins, camping utensils. That little fork OUTDOOR RECREATION EQUIPMENT (5%) blame game with this administration is going to cost you 5 percent more if Backpacks continues. It is absolutely amazing. Secretary Babbitt has his way. Dry Camping stoves They take the credit for anything they bags. I guess nobody would take wet Camping stove fuel can take the credit for, but when it bags on a trip. Hiking boots, hiking Camping tarps comes to taking the blame for poor de- Camping utensils (connected/folding) cisions or for problems or failures, they equipment, spray skirts for kayaks, Canoes tents, paddles, wild bird baths, film, run the other way. Canteens Remember, if you will, back to Au- camera, lenses. Boy, I am glad they Climbing equipment came out with this after the Olympics. Compasses gust, Madam Speaker, when this Con- Also photo disks, binoculars; and just Cooking kits gress, in three historic moves, passed think, binoculars are not the only one Dry Bags welfare reform legislation, medical leg- they are picking on, monoculars, also, Flotation vests (selected classes—not stand- islation dealing with health care re- so you cannot get around this; tripods, ard life boat vests) form in this country, and the minimum Hiking boots wage bill. The President could have window mounts, hand lenses, ‘‘how-to’’ Hiking staves guides. had us pass health care reform 2 years Kayaks/Spray skirts ago. We were ready to pass what finally When I was a kid I used to like to, Mountain bicycles and still do, liked to collect reptiles Outdoor sleeping mats passed this body, but he held it up, be- and amphibians. There is a great field Skis/Poles/Boots (cross-country, downhill, cause he was not sure he wanted to guide by a man named Roger Konack. telemark) support that, especially in light of Hil- If I bought that when I was a 10-year- Sleeping bags lary’s plan in the first 2 years of the old or my 11-year-old son buys it, Mr. Snowshoes administration. But he took credit for Babbitt wants my son John to pay 5 Tents it. Paddles percent more on a field guide, so when Then we passed welfare reform. The Portable water purifiers President vetoed it twice, but then he goes out and identifies fishes, rep- Prepacked camp foods tiles, amphibians, or other insects and Scuba diving masks/Snorkels/Goggles/Flip- when he read the polls in August, he buys other ‘‘how-to’’ guides, he is going pers realized he had better switch and come to have to pay extra, because the De- Snowboards out and support the bill. He took credit partment of the Interior needs money. Stuff sacks for that. Then he had the Vice Presi- This is the kind of mega-big-govern- Wet suits/Air tanks/Regulators/Spearguns dent go before a national group and say ment thinking we do not need. This is Whitewater rafts publicly, but next year, if I am re- why we do not need 4 more years of Bill BACKYARD AND WILDLIFE PRODUCTS (5%) elected, we will use the line item veto Clinton and the megabureaucrats. We Wild bird seed and other wild animal feed and we will undo those portions of wel- need to put people who have common (except seed packaged for pet feed) fare reform that we do not like. sense and have normal values and real- Wild animal and wild bird feeders such as Then we see the President take cred- hummingbird feeders, suet feeders and it for minimum wage, even through in ize that the middle-class people in other types of feeders America are sick and tired of their Wild bird baths his first 2 years, with a Democrat taxes going up. Wild bird houses, bat houses, squirrel houses House and Democrat Senate, he could In the 1950’s, the average middle- and houses constructed for use by other have passed minimum wage with no class family paid 5-percent Federal in- wildlife problem. He did not even raise the come tax. Today that same middle-in- Nest platforms for wild birds issue. In fact, he said it was not the come family pays 24-percent Federal BOOKS, VIDEOS, AUDIO (5%) time to raise the minimum wage. This income tax. Field guides to bird identification, nest iden- President sure can take the credit, but People are sick and tired of it. They tification, animal tracks, mammals, he cannot take the blame. are working harder. They are getting fishes, butterflies, insects and other ani- Madam Speaker, I am outraged, be- less to show for it. They are concerned mal groups cause tomorrow in the Committee on that their children are not going to be ‘‘How-to’’ guides such as wildlife viewing National Security we will have a hear- better off than they are. They are con- guides, hiking and paddling guides, etc. ing on the recently released report put Audio tapes of wildlife calls cerned that big government and Wash- CD–Rom guides to wildlife and its enjoyment together by the Pentagon on the rea- ington bureaucrats are stealing the sons why we lost 19 young military per- BINOC, MONOC AND SPOT SCOPES (5%) American dream. Madam Speaker, I sonnel in Saudi Arabia, and again, this Binoculars administration will walk away from think under Bill Clinton that is what is Hand lenses going on. Monoculars any blame. They are going to do what We need to have commonsense re- Spotting scopes they do best. They are going to blame form in government. We need to have a Tripods the enlisted personnel. They are going balanced budget. We need to have local Window mounts to say, it was that commander on scene September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10501 who should have done more to protect who will take credit for everything. you were reading off the names of peo- our troops. They are going to say that When it does not rain in Washington, ple who served with JIMMY QUILLEN, he should have taken more steps. he will say that it was his doing. When you left one name off, the name of Madam Speaker, what about Sec- the economy grows, he will say it was John Duncan, a colleague of ours from retary Perry? Because if we look at all his doing. But when there is blame Tennessee, your father, that we had the this report, it says that it was not just to be had, this President walks away honor of serving with, one of the true the commander who had responsibility, and hides. It is outrageous. gentlemen also of the House of Rep- it was the CINC commander. Yet Sec- f resentatives, certainly a gentleman retary Perry has defended the CINC from Tennessee. We miss, of course, TRIBUTE TO THE HONORABLE commander, probably because he re- your father John, but his shoes are JAMES H. QUILLEN ON HIS RE- ports directly to Secretary Perry. filled most appropriately with his son TIREMENT FROM CONGRESS Madam Speaker, what amazes me the JIMMY DUNCAN. Thank you for taking most is this administration, to anyone The SPEAKER pro tempore (Mrs. this time today. visiting Washington, this administra- MEYERS of Kansas). Under the Speak- Madam Speaker, those of us who tion is going to extreme lengths to sur- er’s announced policy of May 12, 1995, have served here for a few years have round the White House so you cannot the gentleman from Tennessee [Mr. had the opportunity, the privilege of get near it. You cannot drive within DUNCAN] is recognized for 60 minutes as serving with a great many true Ameri- blocks of the White House, because this the designee of the majority leader. cans. Some have gone on to become President wants himself protected. Mr. DUNCAN. Madam Speaker, I President of the United States, some have requested this time tonight and have moved down the aisle here to b 1945 have taken this special order to pay serve in the other body. Some have be- Why did this President not take the tribute to a great Tennessean, a true come Vice Presidents. Some have gone same steps when we had the bombing statesman, we think one of the finest on to be ambassadors, Governors. Some in November of 1995 that killed our men who has ever served in this body, have even retired. troops, when we lost the troops in So- and that is our good friend Congress- But tonight we honor truly one of the malia because, as Les Aspin said, it man JAMES H. ‘‘JIMMY’’ QUILLEN. great Americans whom we have had was not politically correct in Washing- Congressman QUILLEN has served the the opportunity to serve with, a vet- ton to send additional backup support? First District of Tennessee with great eran of World War II, the Navy in Any why did this President and this distinction and honor for 34 years. Now World War II, a patriot, a statesman, Secretary of Defense not provide more he is ending his 34th year and he has certainly a gentleman at all times, announced his retirement. Certainly he support for those men and women that JAMES H. QUILLEN, whom we affection- will be missed here, and he certainly could have prevented that bombing ately call JIMMY QUILLEN. from occurring? We are going to ask has achieved and has earned the great JIMMY was born in Virginia 80 years those questions tomorrow, Madam respect and love of all of his constitu- ago. At a very early age his parents Speaker. In my opinion, the buck does ents in east Tennessee. moved across the line, over into Kings- I will be saying more about Congress- not stop with that onsite commander. port, TN, where JIMMY graduated from The buck stops not just with Bill man QUILLEN as we move through this high school. He went on to become pub- special order, and I will save most of Perry. The buck also stops with the lisher of the local newspaper, moving my remarks for the end. But there are President of the United States. As we that newspaper into prominence, doing several of Congressman QUILLEN’S col- have seen time and again, this adminis- a great job as a newspaper publisher in leagues here with me tonight who also tration thumbs its nose at our mili- Kingsport. TN. want to take a few moments to pay tary, uses it when it can for its politi- He then went on to the State Legisla- their respects and say more things cal purposes, and then walks away ture. I believe he started serving in about Congressman QUILLEN. 1954, serving for 8 years in the State from responsibility when incidents We want to start first with another Legislature. He was nominated for occur where we lose lives or we have distinguished veteran of this House. In Speaker of the Tennessee House, served situations that threaten our security. this day in which term limits are so in various capacities there, in the mi- Madam Speaker, irregardless of what popular, many people do not realize happens in this election, and I know that almost half of the House is new nority most often, and served honor- who is going to win, and it is not going ably there. He has served in every Re- just since 1994, just in the last 21⁄2 to be the current President, we have years. And so there is more turnover in publican convention since 1956, most got to send a signal that we are not elective office than at any time in his- often as parliamentarian. And so we re- going to tolerate the blame game any tory. But some of our finest Members alize the potential and capability of longer. have been some of the people who have our colleague from east Tennessee. He One thing this administration does served very long tenures in this House. has received the Golden Bulldog well and it does it over and over again, I could name so many. Bill Broomfield Award, the highest award any Member from Whitewater to the scandals in- of Michigan, John Paul Hammer- of Congress can receive for their serv- volving the FBI files, to the scandals in schmidt of Arkansas, Chalmers Wylie ice, the conservative service, is the the White House that were elaborated of Ohio, many, many others. But one only way you can win the bulldog. He upon in the CONGRESSIONAL RECORD man who has served almost the entire has received 27 consecutive. Every year last Wednesday, some 39 of them, in time with Congressman QUILLEN and the House Members have been awarded every case, what does our President who, I think, without any question is the golden bulldog, JIMMY QUILLEN has say? his closest friend in the House is a received that bulldog. It tells you ‘‘It’s not my fault. I didn’t have any- great leader from Indiana, Congress- something about the reputation, about thing to do with that. It was somebody man JOHN MYERS who has served in the dedication of our friend JIMMY else.’’ And again tomorrow, we are this House as a leader, as an outstand- QUILLEN. He has served so many orga- going to hear from this administration ing member of the Committee on Ap- nizations in Tennessee. So many have that it was not their fault, it was some propriations since 1966. honored him through the years. I think on-scene commander in Saudi Arabia I want to pay tribute in introducing about anything in east Tennessee is doing his job who they are now going Congressman MYERS because we are named after him. I visited there on sev- to court-martial because they want losing a great, great man in Congress- eral occasions. In fact, JIMMY QUILLEN him to walk away with all of the man MYERS, also, from this body, be- invited me my freshman year, 30 years blame. And meanwhile Secretary Perry cause he has also announced his retire- ago, to come to his district and speak and this administration will walk away ment. But I want to yield at this time on Lincoln Day, a great honor for me again saying, ‘‘It wasn’t our fault. We to Congressman JOHN MYERS of Indiana to go into this very senior gentleman didn’t have anything to do with it.’’ to make some remarks about Congress- from Tennessee, to be asked as a fresh- Madam Speaker, I hope that this man QUILLEN. man Hoosier from Indiana to come and country understands what is going on Mr. MYERS of Indiana. I thank very speak in east Tennessee. I was honored, in Washington. We have a President much Congressman DUNCAN, JIMMY. As never been invited back, but it was a H10502 CONGRESSIONAL RECORD — HOUSE September 17, 1996 great honor for me to be honored by the ultimate compliment and made gosh, what would that be, the 88th Con- JIMMY QUILLEN, and his district in east this loyal Hoosier an honorary Ten- gress. Then he joined the Rules Com- Tennessee. nessean. mittee at the beginning of the second He was elected to the 88th Congress So thank you very much for your re- term in 1965, and just to put it into per- back on November 6, 1962, and has been marks about Congressman QUILLEN and spective, when that was, it was the reelected to each consecutive session of thank you for your service, your great same time that a new member came to Congress. He now has served Tennessee service to this country. this Congress and the man’s name was and the House of Representatives Our next Speaker on behalf of Con- Claude Pepper; he joined the Rules longer than anyone in the history of gressman QUILLEN is a man who has Committee at the same time, and I had Tennessee. also served this Nation with great dis- the privilege of serving on that com- Our colleagues here from Tennessee, tinction and is doing so in an espe- mittee with both of them. I doubt if any of you will anywhere cially active and leading role in this From a check of the official Rules near come close. As you have men- Congress, ‘‘The historic 104th Con- Committee history, JIM’s record of 32 tioned term limits and everything else, gress,’’ as David Broder has referred to years on the Rules Committee makes I just doubt if you will ever get the op- it, and that is a man who has been so him the longest-serving Republican portunity to serve as long as JIMMY very kind and has worked so closely ever on that committee. As a matter of QUILLEN. In any event it is going to be with Congressman QUILLEN over the fact, he may be the longest serving on very difficult to follow in his footsteps, years, Congressman JERRY SOLOMON, any committee. I have not researched whoever follows him here. the chairman of the powerful House it that far. But it is a record which is As I mentioned earlier, I visited his Rules Committee on which Congress- certainly not going to be challenged any time soon, especially not by this district this summer. So many things, man QUILLEN has served for the past 32 the university, the medical school, so years. He did not serve his first term, Member of Congress, and may never be matched. many things are named after JAMES H. but I think that is a record for a Re- It is a record that we can all be very, QUILLEN because they respect this serv- publican in the history of the Rules very proud of for JIM. ice and appreciate his service in the Committee. Madam Speaker, there are some re- Congress of the United States. But perhaps you can straighten us markable stories about JIM QUILLEN His wife Cecile that he married in out on that, Congressman JERRY SOLO- that have been passed down as a part of 1952 has not been in good health in re- MON of New York. the verbal heritage of the Rules Com- cent years. Every afternoon as soon as Mr. SOLOMON. I thank you, Con- mittee. We sit up there night and day, we finish business on Thursday or Fri- gressman DUNCAN. Let me just say that sometimes 18 hours a day, and the one day you are going to see JIMMY casting Tennessee seems to have a habit of that I like best about the time when that last ballot here, inserting his card sending really good gentleman to this JIM was trying to get a dam built in his and rushing out to the airport so he body. Your dad was just one of those. district. can go home and have dinner with Sometimes some of us who have a tend- b Cecile on Friday evening. A very dedi- ency to get a little excited, we wish we 2000 cated husband. He is dedicated to the had that kind of demeanor that your And, JIM, I am sure you know about service of our country in the same way. dad had, that JIMMY QUILLEN and even this. There was one small problem, and The country is going to be at a loss this guy JOHN MYERS, who is sitting the place where the dam was supposed when we lose a gentleman of the serv- down in front of me, have. I think it is to be built turned out to be the home ice, the dedication, the caliber and the an old trait that we all certainly could of a small fish called the snail darter. experience of JIMMY QUILLEN. learn from. The snail darter was an endangered It has been an honor for those of us I just want to say to you, JIM ever species which could not be disturbed, who have had the privilege of serving since you took your dad’s place, one yet Tennessee needed that dam. And with JIMMY to say he is truly a great thing you have concentrated on since JIM persuaded that the fish could get American and most importantly he is a you came here was something that I along just as well whether the dam was friend. So we thank JIMMY for his serv- cherish very much and that was the there or not. ice and whoever is his successor, use real line-item veto and, by golly, we fi- So to demonstrate the adaptability him as a symbol of the dedication, of nally got it through. On Ronald Rea- of the snail darter, JIM put what he al- the challenge that you will have. If you gan’s birthday. That made him very leged was a snail darter in one of the clear glass water pitchers on the Com- can follow in JIMMY QUILLEN’S foot- happy, too. mittee on Rules table upstairs. And steps and do just any place close to the I know there are some other speakers then with the snail darter swimming job that he has done, you will be a here from Tennessee, some good men around in the water pitcher, JIM pro- great American. and women. So I will be as brief as I ceeded to remind the Member who was JIMMY, thank you for your service. can, but I just want in rising to express appearing before the committee at the Mr. DUNCAN. Thank you, JOHN gratitude to this great American, the time who had jurisdiction over the law MYERS, for a very moving and eloquent distinguished chairman emeritus of the that protected the snail darter just and appropriate tribute to our good House Rules Committee, JIM QUILLEN, I what an adaptable fish this snail darter friend Congressman QUILLEN. just want to pay tribute to him for all really was. I do want to mention before Con- of the guidance and help that he has Madam Speaker, JIM figured the gressman MYERS leaves that all of us given me personally over the years. snail darters would be just as happy a know that Congressman QUILLEN has When I first was elected to the House little way upstream or a little way for many years sat in the second seat 18 years ago, I learned how the Rules downstream as they were right at the on the second row right here, the main Committee functioned by watching dam site. seat that has always been featured on JIM, who was then the ranking member Now, I do not know all the details, C–SPAN, so when I first got here, I de- of that committee, JIM provided sage but I am told these snail darters are veloped a habit of sitting next to Con- advice that just meant so much to me. still swimming happily in that east gressman QUILLEN, and Don Sundquist As chairman emeritus, JIM has been Tennessee stream up above and both sat there in the same row of seats, Don a source of wisdom and the institu- below the dam. Sundquist, who is now our Governor of tional memory of that committee. Be- Another story is that JIM QUILLEN Tennessee. lieve me, over 32 years of the 34 years does for the Committee on Rules that JOHN MYERS has always sat in the that he served here, he has seen so never got put in the same way. As first seat on this second row. So one much history, and it all goes through chairman emeritus, JIM always makes night we told him that this was a Ten- that Rules Committee. the motion to report the rule or what- nessee row and that if he was going to I did a little research to find out just ever other action that the committee sit there, we had to induct him in and when it was that JIM joined the Rules is going to take. I yield to him for that swear him in as an honorary Ten- Committee, as you said, and it turned purpose. JIM has a distinguished Ten- nessean. So we made him raise his out that he was elected 34 years ago nessee accent. When he makes a mo- right hand, and we paid JOHN MYERS and sworn in as a new member of, my tion, he does not rush through the September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10503 reading. He takes his time and he reads Madam Speaker, I am very pleased to was born and raised in Oneida, TN, in it like a true Tennessean. The motions have the opportunity to rise today and Scott County, which is just across the are never going to be made in the same add my salute to JIMMY QUILLEN. Mr. line from where I live. So JIMMY DUN- way. We will miss JIM the way he used QUILLEN is a great American, a great CAN and his father, John, and JIMMY to do it. Tennessean and a great friend and col- QUILLEN and that bunch were all of the Then, finally, there was the time league to all of us. I think the First same attitude and same ideas. when the committee was questioning District knows how well he represented So when I came here in 1981, January witnesses under the 5-minute rule, and them and how he represented them of 1981, JIMMY QUILLEN, of course, had JIM suggested that his time should be with great distinction, but they prob- been here by that time a long, long extended beyond the 5 minutes because ably do not know the service he per- time, as had John Duncan. And those he did not talk as fast as some of his formed for our entire State. were two people that I just sort of fell Yankee friends, like me, on the Com- There is not a manual when you get in with because we talked the same mittee on Rules. And it was only fair to Congress that says this is what you language, and we had the same ideas, to have more time for this Southerner are supposed to do or even how you get and we came from the same roots and because he took a little longer to get to this Chamber or how do you get to identified with people who did not these words out. the bathroom. It really is a word-of- speak with an accent. Madam Speaker, JIM QUILLEN has mouth, and Mr. QUILLEN took all of us, So JIMMY QUILLEN became sort of a been a great Member of this body. He all of us Tennesseans under his wing. mentor for a lot of us. And in this seat has set a record as a member of the He really was the mentor that showed right down here, I am sure it has been Rules Committee. The committee is us the right way, the responsible way mentioned in the special orders to- never going to be quite the same with- to do things, and we are all very grate- night, this second seat from the end on out the gentlemanly commentary of ful for that. the second row in front of the leader’s JIM QUILLEN. And yes, we will miss JIM. He was also the glue that really table, the JIMMY QUILLEN seat, is the We will miss him because he is not bound together the Tennessee delega- place where we sort of headquartered only an outstanding Congressman, he tion. He was our dean. He was the around. We all knew that when you is a great American. chairman of the Tennessee Valley Au- tried to occupy that particular seat, As our good friend JOHN MYERS said, thority [TVA] caucus. And whether we when JIMMY QUILLEN came along, he we are so proud to call him a friend of had a need to work together to save simply stood there until you got up all of ours, and I thank my colleague TVA from being sold or whether it was and left. This was his seat. Now, people that are not Members of for yielding me this time. a need to help one district or another the House may not recognize that we Mr. DUNCAN. Thank you very much, district in some particular interest do not have assigned seats in this body. Congressman SOLOMON, for those very there for constituents, Mr. QUILLEN We can sit wherever we want to, and kind words. was the one that brought us together, you are entitled to sit where you want Both of our first two speakers, Con- that helped us work together. That is a to, except that seat. That is JIMMY gressman MYERS and Congressman great legacy not only for his district QUILLEN’s seat. It does not have his SOLOMON, have been kind enough to say but also for the entire State of Ten- name on it, but it has his imprint on it. some nice things about my father. I ap- nessee. We all knew this was where he sat. preciate that very much because I was Madam Speaker, let me just very When he came, we all got up and left very, very close to my own father. And quickly say, Mr. QUILLEN thank you. and let him have his seat. But we all I might say that he and Congressman You leave this body and this Nation a hung around him, we still do, and for QUILLEN were extremely close and better place because of your service. the reason that JIMMY QUILLEN em- came from very, very similar back- Mr. DUNCAN. Thank you very much, bodies intelligence and custom and tra- grounds, families of 10 children, and Congressman GORDON. Another great dition and leadership and stability and very, very little money, no money. friend of all of ours is Congressman the continuity of this great institu- Both arrived here 2 years apart. HAL ROGERS, another one of the car- tion. Of the 34 years that Congressman dinals, one of the senior members of Madam Speaker, we are going to miss QUILLEN has served, for 32 of those the House Committee on Appropria- his stalwart—I mean, this is an institu- years he has served alongside a Dun- tions who represents a district that tion in and of himself inside this insti- can. We have had such a wonderful re- touches on much of Tennessee and who tution, and those of us who over the lationship, our family has, over the has much in common with all of us years have gone to JIMMY QUILLEN for years with Congressman QUILLEN . from that part of the country, our good advice on how to vote on a given issue Our next Speaker is another great friend and outstanding leader, Con- or what he thought about this position Tennessean. Tennessee has a history gressman HAL ROGERS from Somerset, or that position, we are going to be and a tradition of our State delegation, KY. bereft without his guidance. We wish both Democrats and Republicans, Mr. ROGERS. Thank you, Congress- him well in his retirement. working so harmoniously together for man DUNCAN, for the time, and thank Fortunately, JIMMY QUILLEN has his State projects. Certainly one of the you for taking this special order. good health and he has good intel- leaders of that is our friend Congress- Madam Speaker, I rise as well as the ligence, superior intelligence, and he is man BART GORDON, who has served on others to pay tribute to this great man. going to fare well whatever he may the Committee on Rules with Congress- In this age of candidates and office- choose to do, if anything. But we hope man QUILLEN and is here with us to- holders blown dry and buttoned down, that he will come back here and from night to make some remarks about his much of us looking alike, JIMMY QUIL- time to time give us his advice on the friend and our friend JIMMY QUILLEN. LEN stands out. He is of the old school, issues that confront our country, as he Congressman GORDON. and I say that in a very complimentary has over these years. Mr. GORDON. Thank you, Congress- way. He is of the old school. JIMMY The service this man has rendered to man DUNCAN. I think you represent us QUILLEN is a character. JIMMY QUILLEN his Nation over these decades is going very well when you mentioned working is himself. He does not try to be any- to be hard to judge. It is going to be together from Tennessee, you illus- body else, and I am glad that he does hard to comprehend because he served trate that. not. He has lent advice and leadership so long and so well. His tenure has Madam Speaker, let me also very and guidance for all of us as we came spanned that of many Presidents, of quickly say that I had the good fortune along. great eras in our country. He has, also to serve with the gentleman’s fa- I represent a district in Kentucky above all, represented his people so ther. And no matter what humble just across the line from Tennessee, my well. background from where he might have district boundaries being on Tennessee. Here we talk about great issues and started, he left a great inheritance. In fact, my old district before the re- we talk about great movements in the That inheritance was a good and hon- apportionments of the 1990’s, my dis- Nation, but all of us represent people est reputation, and I know that you trict boundaried that of JIMMY DUN- back home. JIMMY QUILLEN did that carry that with distinction. CAN’s father, John Duncan. In fact, he better than anybody I know. His first H10504 CONGRESSIONAL RECORD — HOUSE September 17, 1996 interest was that of his people back b 2015 lican Party. But he did not live in a home. What do they think about this? And it says the Bristol newspaper partisan way. He did not act in a par- What should I do about this issue as it said this at one point about Congress- tisan way. He did not treat individuals affects them? And so his example for man QUILLEN. This is from October in a partisan way. And that is how I the rest of us, I am going to say, is al- 1994. It says: came up in this House, with both right most unexampled because JIMMY QUIL- Quillen’s unmatchable record of constitu- and left, Democrat and Republican, LEN is one of a kind. His example for ent service and aggressive representation for those Congressmen that legislated the rest of us is going to last a long, the region’s interest have built him the rep- without the partisan intervention. long time. utation of someone who puts people first, We are missing some of that now, but I thank the gentleman for taking leaving fancy Washington ways for others. hopefully it will come back to that era this time to honor our friend and our His seniority has earned him the respect when these great Members participated and deference of Presidents and Governors of in debate, very eloquent debate and leader and our mentor and colleague both parties over the years, as well as the and our friend for life. We wish him very in depth debate on the issues. And admiration of the legions of constituents at certainly both the gentleman’s father well in his retirement, and we hope home. Once elected for a new term, Quillen and Mr. QUILLEN were that type of indi- that he will come back here and give us always has approached his job as being viduals. his sage advice every moment that he everybody’s Congressman, not just a rep- resentative of Republicans alone. I thank the gentleman for allowing can. I am just as sure of this, whenever me the time to pay tribute. This is Mr. he comes back, whoever is sitting in It is a model others can only hope to QUILLEN’s hour, but you cannot sepa- that chair is going to get up and leave emulate. Before I yield to some who are fol- rate DUNCAN and QUILLEN because they so that JIMMY QUILLEN can sit there as worked together for all those years. long as he wants. I thank the gen- lowing in Congressman QUILLEN’s foot- And we revere their memory, DUNCAN’s tleman. steps, another man who has requested a couple of moments to speak on behalf memory, and we hope that Mr. QUILLEN Mr. DUNCAN. Thank you very much, will continue serving in whatever ca- Congressman ROGERS. You mentioned a of Congressman QUILLEN is the long- time chairman of the House Committee pacity he chooses to serve. couple times Congressman QUILLEN’s Mr. DUNCAN. Well thank you very on Agriculture, Congressman KIKA DE seat, and we have already referred to much, Congressman DE LA GARZA, for LA GARZA. it. I have to tell you one week Con- those very kind remarks. You came to Mr. DE LA GARZA. Thank you very gressman QUILLEN had to leave to go Congress with my father after the 1964 much, my colleague. Let me preface home before our last vote of the week. elections, in January of 1965, and you my words about our dear friend, JIM I knew Congressman QUILLEN was on a have had a great record. And the coun- QUILLEN, by saying that when I came plane flying home, so I sat down in his try owes you a great debt of gratitude to this Congress, the gentleman’s fa- seat. And in a few minutes I got a note for your service to your State of Texas ther came with me, and Mr. QUILLEN from the cloakroom. It said on there, and to this Nation, and thank you very was already here and was very kind message from Congressman QUILLEN: much for participating in honor of Con- and generous with his time, advice, and Get out of my seat. Congressman QUIL- gressman QUILLEN tonight. LEN’s staff had seen on C–SPAN I was counsel to a very lonely freshman Next, I talk about—I read the edi- sitting in his seat, and they sent me a Member. We enjoyed sometimes travel- torial in which the Bristol newspaper special message. ing both with the gentleman’s father said that Congressman QUILLEN’s Mr. ROGERS. Will the gentleman and his mother. And my service has model is one that others can only hope yield? been enhanced by those two gentlemen, to emulate. We have three gray fresh- among a few others, Mr. QUILLEN I con- Mr. DUNCAN. I will yield to the gen- men from Tennessee who are striving sider to be a friend. He has been a dedi- tleman. very hard to follow the great example cated servant to the Nation, to his set for them by Congressman QUILLEN, Mr. ROGERS. Rumor has it, and only State, to his district, working always, rumor has it, that during a 15-minute and all are doing outstanding jobs. And as has been mentioned, in a quiet, gen- I would like to call on, first, Congress- vote, when we are milling around here tlemanly manner. waiting for the next vote or event to man ED BRYANT. The Myers and Quillen seats all of us Mr. BRYANT of Tennessee. Thank take place, as Mr. QUILLEN is seated in respect, no matter what, the same as his seat, usually you are seated beside you, Congressman DUNCAN. I see that the Montgomery and the Gonzalez we are going by alphabetical order in him. And JOHN MYERS is there, and I seats. I have been here 32 years and I our freshmen from Tennessee and I may be there or ZACH WAMP or ED BRY- do not have a seat yet, but I will be think that is appropriate. ANT or somebody, the Tennessee row leaving this Congress, so there goes my It is somewhat daunting to stand here, Tennessee-Kentucky row. Rumor seat, but I leave with very pleasant here in the well and follow such out- has it that during those votes the page memories of individuals with whom I standing Congressmen and to try to would come running down the aisle have served. Even though when they match or emulate them and praise Mr. with a message for Mr. QUILLEN to call are your peers you really do not appre- QUILLEN like they do. I think would be so-and-so at his office. He would, of ciate the greatness of the individuals, impossible. But I too have known Mr. course, retire to the cloakroom to take it is only when you see that they are QUILLEN’s long time through Ten- the telephone call, in which case you, leaving, or you leave and look back, nessee, even though I am on the oppo- Mr. DUNCAN, would take his seat. then you see how many great Members site end of the State. He is known cer- Now, the rumor has it that you were we have had in this Congress. And cer- tainly there by reputation and for what the one making those phone calls to tainly Congressman DUNCAN and Con- all he has done for Tennessee over the page him off the floor. Is there any gressman QUILLEN were some of the years. But it seems to me as one of the truth to that, Mr. DUNCAN? Come clean great Members. Wise, dedicated, al- freshmen that has come in and tried to now. ways generous with their time. do a lot of things here, we also are re- Mr. DUNCAN. I will deny that on the One of my most pleasant associations sponsible to honor the tradition of this record. But Congressman QUILLEN has with Congressman QUILLEN is that he Congress and those that have preceded always accused me of having that as likes Texas onions. I have to bring us, and it seems to me this year that my system of getting him out of his some Texan onions whenever they we are losing an awful lot of people. I seat so that I could take it over. But I come, to him. And I have always en- am not going to try to name them all, can assure you and the Nation watch- joyed doing that. but I see Congressman DE LA GARZA ing on C–SPAN that I am not trying to We do hope that all of us will one day there who has been the chairman of the take Congressman QUILLEN’s seat. be remembered as kindly as he will be Committee on Agriculture; our speaker But thank you very much for partici- for all he has done. And there was no, tonight, Mrs. MEYERS from Kansas; pating tonight. Since you mentioned I will say it in a manner as best as I people like SONNY MONTGOMERY from Congressman QUILLEN’s record, let me can, there was no partisanship to his Mississippi, and TOM BEVILL from Ar- just read one brief statement from the service here, even though all of us kansas and JOHN MYERS who has spo- Bristol Herald Courier. knew that he belonged to the Repub- ken tonight so eloquently about his September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10505 friend, Mr. QUILLEN, and we are going And when people back in Tennessee Wizard of Oz. It is that kind of awe and to miss all of these people, but Mr. continue to ask me, what has been one reverence in the State of Tennessee in QUILLEN especially, being from Ten- of your great thrills of being in Con- which Congressman QUILLEN has held nessee, is close to our heart and of gress, that certainly has been in terms for many, many years, and I was scared course we are here to talk about him of getting to know Mr. QUILLEN better of him but I got to know the man be- tonight. and just seeing how effectively he hind the institution and I have found He has a fantastic record and history works and how much he loves the First him to be a very funny, warm, compas- that many have alluded to earlier. He District and all of those people in the sionate human being with an incredible was one of the youngest if not the First District of Tennessee. memory. Even though he is 80 years old youngest publisher of a newspaper in Again, it is my pleasure to come up he does not forget a thing. Sometimes the United States at age 20. He was a here and add in a small way to this I wished he would. He remembers all decorated veteran in the war and great tribute tonight. I know that we those stupid things that I have said in served in both theaters in World War are going to run out of time. I will cut my brief career, and some of those II. He has been married, by my calcula- my remarks shorter. It has been a won- things that I wished I had not said he tions, some 44 years to Mrs. Quillen. derful occasion my 2 years to serve does not let me forget. We have a And I think she continues to serve as with you, Mr. QUILLEN, and I look for- standing joke in east Tennessee that he an inspiration to him. ward to continuing to work with you treats Congressman DUNCAN like his An interesting story that I heard and seeking your advice and counsel. son and he treats me like his stepson about him. When he was first elected Mr. DUNCAN. Thank you, Congress- but I will take that. some 34 years ago, and I was probably man BRYANT. Madam Speaker, JIMMY QUILLEN is a back in junior high or high school in Our next speaker is the great Con- great human being, and he really is those days, I understood that the peo- gressman from the Third District of like a father to me, and I just cherish ple who were with him that night took Tennessee, from Chattanooga, Con- the moments that I have spent with the door off the hinges of his office to gressman ZACH WAMP. him here. I know for a fact because the indicate the open door policy that he Mr. WAMP. I thank the gentleman would have. And throughout the years man gets up and walks and stays for yielding. healthy; he walks at 5:45, 6 o’clock in he served the First District of Ten- Madam Speaker, tonight I want to nessee, he has taken his staff with him the morning and his chief of staff, make reference to four retiring Mem- Frances Light, is also an institution to each county he represents to fully bers, and there are many great Mem- hear the concerns of his constituents. here. She has been with him basically bers from both parties that are retir- the whole time. And Frances deserves a Congressman QUILLEN truly, truly ing, but four that have particularly does love his constituents. He loves the lot of tribute here tonight as well. As meant a lot to me: SONNY MONTGOMERY medical school in Kingsport. It is we pay tribute to this brilliant career of Mississippi, a Democrat, TOM BEVILL named after him but he truly loves the of this man, we better remember that of Alabama, a Democrat; JOHN MYERS First District. He has taken that power staff, especially Frances, who has of Indiana, a Republican; and JIMMY that they have entrusted to him by re- meant so much to that office. QUILLEN from Tennessee, a Republican. electing him year after year, and You know, it is the constituent serv- All four of these men have meant so brought that power to Washington and ice that built that institution called much to this institution and this Na- brought that representation of the JAMES H. QUILLEN in east Tennessee, tion, but so much to me personally, First District of Tennessee here and and it was her effectiveness day in and and it is two Democrats and two Re- represented them so well. Such big day out that made that office second to publicans that I got to know extremely shoes to follow. none, world class congressional office I know that there is an election now well that are all wonderful human in terms of efficiency and effectiveness going on in Tennessee for that seat, beings and they will be sorely missed. and reaching the people’s needs of east and I know Bill Jenkins is running in And we do have an extraordinarily high Tennessee. that seat and he well have the oppor- amount of senior Members retiring that need proper tribute during these tunity to come here and serve and I b 2030 know will do a fine job. But it is going final days of the 104th Congress, the He gets up and walks and stays to be awfully difficult to follow some- final legislative days of the 104th Con- healthy so I know he is going to live a one like JIMMY QUILLEN. Mr. QUILLEN gress. bunch more years and I will get to has served with dignity. He has served Madam Speaker, as you know, there enjoy a lot more time with him. with quiet, effective power as has been are 435 men and women in this institu- mentioned. tion, but there are very few of those I tell you, Madam Speaker, I love He has been on the Committee on human beings that are actually insti- JIMMY QUILLEN and I really appreciate Rules some 32 years, the very powerful tutions themselves. JIMMY QUILLEN is that my life has been blessed by know- Committee on Rules, and has tremen- an institution. Many, many years ago ing him personally over these last few dous influence on the legislation that the love affair of east Tennesseans years and hope that we have many to- is passed in this House. You do not began with JIMMY QUILLEN. I believe gether. I appreciate the gentleman often see him on C–SPAN or on tele- that love affair developed because yielding me this time. vision, and that is not bad or good. He JIMMY QUILLEN was willing to do what- Mr. DUNCAN. Mr. Speaker, I thank is behind the scenes working quietly ever it took to please those people in the gentleman from Tennessee [Mr. and not asking for praise and not ask- the First Congressional District of WAMP] for those very appropriate re- ing for the honors or asking for or Tennessee where he is such an institu- marks. Certainly ED BRYANT men- seeking the publicity that does with tion. tioned Mrs. Quillen, who Congressman this job. I think if they called and said their QUILLEN gives the most credit to for I am just so proud to have been asso- cat was in a tree, that usually is re- him being here in the first place. It is ciated with him before I came up here, served for the fire department, but very appropriate that Congressman but especially these last 2 years that I Congressman QUILLEN’s staff, I am WAMP mentioned Frances Light Currie, have served with him in Congress. That sure, would make sure that those peo- because she has been the real mainstay has probably been one of my greatest ple got their cat out of the tree. It does of Congressman QUILLEN’s staff and joys, and I would like to direct this not matter how small the request or maybe the person most responsible for comment directly to Mr. QUILLEN. My how large the challenge, JIMMY QUIL- him staying here for so many years. being able to and having the honor of LEN would get it done. He was a doer, a She deserves a lot of credit and tribute getting to know him even closer and man of action his entire career here in here tonight also. finding out that reputation, and it is this institution and we are going to Mr. Speaker, we have our third great true that he is indeed a great gen- sorely miss that. freshman from Tennessee. We some- tleman, to just deal with him as a per- You know, I was about as scared times save the best for last. Congress- son has been a wonderful privilege and when I first met him as Dorothy was in man VAN HILLEARY represents a dis- it has been exciting. the Wizard of Oz before she met the trict that covers really the whole State H10506 CONGRESSIONAL RECORD — HOUSE September 17, 1996 of Tennessee. It goes from east Ten- upper east Tennessee. I have been up that he expressed in that quiet, calm nessee all the way over the west Ten- there many times. Tennessee manner. nessee, but much of it joins Congress- I was in his district not too long ago I think in JIMMY, when you watch man QUILLEN’s district and I would like at a Lincoln Day dinner. It was in JIMMY and you talk with him, you had to yield to the gentleman from Ten- Sevier County. JIMMY QUILLEN will tell a little bit of an idea of the tradition nessee, Mr. VAN HILLEARY. you real quickly that that is the home that has gone before us in this House of Mr. HILLEARY. Madam Speaker, I of Dolly Parton and he is awfully proud Representatives. I am going to miss thank the gentleman for yielding. of that. But I was there and really the that. I am going to miss him. But it is Everything almost has been said. I whole Lincoln Day dinner was a tribute neat that he is leaving such a great want to associate myself with every- to JIMMY QUILLEN. delegation of Tennesseans to follow in thing that has been said about JIMMY He got up finally to speak. He did not his steps. I thank my friend, my co- QUILLEN, the great man that we are talk a very long time, but what he said founder of the Duncan caucus, for let- honoring. was, he said, Folks, I hope that you ting me speak just a little bit. In Washington it has been mentioned will remember me as a people’s Con- Mr. DUNCAN. Madam Speaker, I he was the dean of our delegation. gressman. In fact, that is exactly what thank Congressman DUNCAN HUNTER, a What does that mean? It means you are they are going to do. ZACH WAMP men- wonderful man, DUNCAN HUNTER. I a leader. Congressman GORDON men- tioned a while ago that there was no know Congressman QUILLEN will really tioned that we all get along up here in task too large or too small, no chal- appreciate those remarks. Tennessee in the Tennessee delegation, lenge too great or too small. That is Let me just conclude this special Republican and Democrat. That is ab- exactly the case. He has been a people’s order by saying that in our book, to- solutely true. That is especially true Congressman, and I am quite sure that night is JIMMY QUILLEN’s night in the when Tennessee’s interests are at that is how he is going to be remem- House of Representatives, a body in stake, and I think JIMMY QUILLEN de- bered for many, many years to come. which he has served so proudly and serves a lot of credit for that. Finally, I would just like to say, we with such distinction for 34 years. He exerts that leadership when the have a saying in east Tennessee that As has been mentioned earlier, Con- time comes, when there is something you can take the boy out of the hills gressman QUILLEN now has the all-time that comes along that has to do with but you cannot take the hills out of record, the record for longest continu- Tennessee. And he has done a super job the boy. I think more than anybody I ous service in the United States House of it. I think he has presented quite a have ever known that applies to JIMMY of Representatives for anybody from role model for the fellow that is going QUILLEN. He has always remembered the State of Tennessee. Many great to follow him to look up to and he has where he came from. He never did get Tennesseans have served in this body, done a super job at that. Washingtonitis, and he is going back Davy Crockett. President Andrew He has also exerted leadership in home where he loves those mountains Johnson was a Congressman from Con- other ways. He has been a mentor to so of east Tennessee and his wife, Cecile. gressman QUILLEN’s district from 1843 many of us up here. I think for those of We are going to miss you, Mr. QUILLEN. to 1853. James K. Polk served here and, us who are freshmen from Tennessee, We love you and appreciate everything of course, our current Vice President, that is especially the case. And he has you have meant to us. Look forward to AL GORE, Cordell Hull served in this been a good friend and a good mentor working with you in the future. body; many other leading Tennesseans the whole time we have been up here. Mr. DUNCAN. Madam Speaker, I have served in the United States House He has done so much to put us under thank Mr. HILLEARY for those very fine of Representatives. But Congressman his wing, show us the ropes. And I can- remarks. I yield to another long time QUILLEN has a record that will never be not count the number of times we have friend of mine and Congressman QUIL- broken and has served his constituents asked his advice on so many different LEN’s, Congressman DUNCAN HUNTER, with kindness, compassion, with honor things. He was always happy to give it. the outstanding Congressman from San and dignity and has made his mark, Frances Light Currie was mentioned a Diego, CA. certainly, coming up the hard way, while ago. Mr. HUNTER. Madam Speaker, I coming up from I think what would be I think he has also shown leadership thank the gentleman for yielding. I described as dire poverty today to inside the walls of that office, as she could not help but join this delegation reach this body and serve in the United has as his chief of staff. You can tell a of Tennesseans and talk a little bit States Congress. lot about a fellow, it seems to me, about, I could not help myself from As so many others have said tonight, when you look at the staff that he or joining the other member of the Dun- Congressman QUILLEN, you deserve this she has as a Member of Congress up can caucus, Jim Duncan, who was such night and this tribute and so much here. How loyal is that staff. How long a good friend and was preceded by such more for all you have done for the peo- have they been there; is it a revolving a wonderful colleague also, John Dun- ple of east Tennessee. All of us love door going in and out of that office. In can. To my other, my co-colleague in you. We respect you. We admire you, the case of JIMMY QUILLEN, that staff the Duncan caucus, thanks for letting and we appreciate the great service has been there an awful long time. me have a minute, and to watch my that you have performed for the United Many of those members have been friend KIKA DE LA GARZA and JOHN States of America. You are not only a there about the whole time with Mr. MYERS talk about JIMMY QUILLEN and great Tennessean but a great Amer- QUILLEN. That says a lot about the about the great tradition and all of the ican. We thank you for your service to staff. good things that he brought to the this Nation. It also says a lot about the gen- House that sometimes are tough to see. Mrs. MORELLA. Madam Speaker, it is my tleman embodied in JIMMY QUILLEN I have often thought of politicians, great pleasure today to honor one of the with regard to their staff and their loy- some politicians, some members of the House's longest serving and most highly re- alty. They have been a super staff to political establishment make a great spected Members. Congressman JAMES him. He has been an institution in east 30-minute impression. If they have a 30- HENRY QUILLEN, of the first district of Ten- Tennessee, and I think they have done minute meeting with you, you think nessee, came to the House of Representa- an awful lot to make him that institu- you are the hottest thing in the world. tives in 1962 already a veteran of the Ten- tion. I think he would tell you the But other politicians and statesmen nessee Legislature. Congressman QUILLEN same thing if he was sitting here. make a 30-year impression. And JIMMY holds the record for the longest continuous A Member of Congress’ job is split. QUILLEN is one of those guys who made service by any Tennessee Member of the U.S. You have a job up here and you have a a 30-year impression. House of Representatives since Statehood in job back home. Back home JIMMY QUIL- He is a guy whose word was as good 1796, and is Dean of the Tennessee delega- LEN truly is synonymous with east as his bond. When he told you he was tion in Washington. He became a member of Tennessee, where he has been for so going to do something, he did it. He the House Rules Committee in 1965, and is many years after being born in Vir- was a great ally of mine, a great friend currently serving as Chairman Emeritus, and ginia. Everything is just about named of mine in the House and a friend to so as such, is the first member to be bestowed JIMMY QUILLEN or JAMES H. QUILLEN in many of us and had that great wisdom with such an honor. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10507

The vast popularity and support Congress- Congressman QUILLEN has enjoyed the sup- night. The session is coming to an end, man QUILLEN enjoys in his district has resulted port of a highly committed and loyal staffÐ and it is kind of hard to get informa- in numerous accolades and awards, a variety many of whom are constituents of mine. I tion. We seem to be treading water, of honorary doctorates and establishment of would like to commend Dee Kefalas, Brenda and I suppose behind the scenes there the Quillen Historic Tree Museum. He was Otterson, Ellen Phillips, Ben Rose, Sue Ellen are some fruitful negotiations taking named Tennessee Statesman of the Year in Stickley, Richard Vaughan, and long time chief place. 1986. In 1996 Tennessee Governor Don of staff Francis Light Currie for their years of This is the end of the 104th Congress, Sundquist declared January 11th ``James H. support. the Congress that came in like light- Quillen Day'' in Tennessee to celebrate the Mr. QUILLEN's professionalism, dedication, ning in January 1995. We came in and Congressman's 80th birthday, a fitting tribute and humor will be greatly missed both by his we had sessions at one point every day to a man who has devoted over half his life to constituents and this Congress. May I take of the week and for 6 months a nonstop serving both the State of Tennessee and this this opportunity to wish Congressman QUILLEN agenda. Now as we draw to the end of Nation. and his wife Cecile the very best for a long the session, the close of the session, Congressman QUILLEN has dedicated sub- and happy retirement. there is a great calm that has settled stantial time, effort, and money to further the Mr. TANNER. Madam Speaker, I rise today over us. I hope it is not the calm before course of medicine in Tennessee, even donat- to pay tribute to the Honorable JIMMY QUILLEN, the storm. But the last few months, ing $800,000 of his re-election fund to Ten- the distinguished dean of the Tennessee Con- things have been sort of slowing down. nessee hospitals and colleges. His most sig- gressional Delegation, who will be retiring at I want to congratulate the American nificant achievement in this area was the se- the end of this historic 104th Congress. Mr. people for having made that happen. Things have slowed down. The rapidity curing of a medical school for Upper East QUILLEN's attributes and accomplishments are Tennessee, now named the James H. Quillen well known. We should all be proud of his out- of the movement, the extremism that College of Medicine in recognition of his tire- standing length of service to the people of the characterized the first few months of this session, we can all do without. It less efforts. First District, the State of Tennessee, and the is just as well that we do not have it Congressman QUILLEN's dedication to his Nation. He holds the record for having the anymore. It is the public; it is the peo- district is well illustrated by his ``Open Door'' longest continuous service by any Tennessee ple out there with the common sense sessions, which he has held every nonelection Member of the U.S. House of Representatives year since his election in 1962. These ses- that should take the credit. since Tennessee statehood in 1796. This is Everybody in Congress, everybody sions were triggered when, on his election truly a record that will probably never be night, supporters took the door off the hinges who is in politics knows how to meas- matched. ure public opinion. They listen to pub- at his campaign office in Kingsport to illustrate When you travel in Mr. QUILLEN's district, as lic opinion, and what happened in this Quillen's election pledge to always be acces- I do when I drive back to west Tennessee, case is that the extreme agenda was sible to his constituents. This spontaneous one cannot help but notice the beautiful moun- not a subtle agenda. It was quite open symbolic demonstration of his campaign prom- tainous region that he represents that was and honest. I congratulate the leaders ise led the Congressman to initiate the prac- home to former U.S. President James K. Polk. of the 104th Congress, the majority Re- tice of taking his entire district office to each In addition, one cannot help but notice the publicans, they were honest with their of his congressional counties to endeavor to many wonderful tributes that have been be- agenda. They laid it out there and peo- meet face to face with all those constituents stowed upon Congressman QUILLEN and his ple knew just what was going on. who needed his assistance. This practice has family throughout east Tennessee. You lit- They knew that drastic cuts were proved a great success with constituents and erally cannot drive through east Tennessee going to be made in education, drastic has played a central role in developing the without passing by a facility, or traveling on a cuts would be made in jobs programs, popularity and support that Congressman road, that has been named in honor of Mr. drastic cuts would be made in housing QUILLEN enjoys within his district. QUILLEN and his family. He has served his programs. They knew that Medicare, In addition to his tireless efforts on behalf of constituency for 33 years and the institutions Medicaid would be cut. They knew the his constituents Mr. QUILLEN is also well in Tennessee that bear his name are a testa- agenda and, with the help of some known for his anecdotes and unique sense of ment that he serves with honor and dignity. spokespersons from the Democratic humor, with which he is known for enlivening Voters trust Mr. QUILLEN to be fair and to ade- side to get them to understand it, slow- house and committee sessions. A member of quately represent their views in Congress. His ly public opinion began to manifest it- my staff who is a former teacher from the famous ``open door'' policy that he began on self and the people who listened to it Congressman's district informed me of the election night in November of 1962 was not on both sides, including the Republican time he brought his class group from Wash- only one that he practiced with his constitu- majority, have come to the conclusion, ington College Academy to meet with Mr. ents, but also was extended to every member I think, that in certain areas they are QUILLEN in the Capitol Buildings. When the of the Tennessee Delegation, regardless of not going to hold, they are not going to children noticed his neon red tie emblazoned party affiliation. continue the kinds of contempt for with ghost, cartoons, he replied that it was ``to I have had the honor of serving with Mr. public opinion that was manifested in scare the girls away!''. QUILLEN, and his wonderful staff, since 1989. the first half of the 104th Congress. When campaigning during his first race for Mr. Speaker, I know that you join with me, my Public opinion had been out there all the House in 1962, Congressman QUILLEN staff, and the great people of Tennessee and the time making certain things clear. was fond of telling the ``Redbird Story,'' a tale the Nation in saying thank you to Congress- It is not that this is some new develop- that soon became his classic trademark. He man JIMMY QUILLEN for a job well done. I wish ment. The public has always made it told of a very bright boy who took great pride him and Mrs. Quillen Godspeed during his re- clear that they prefer education to be a in his ability to think intelligently. One day he tirement. We all will certainly miss him. priority of the government at every found a small redbird and decided to test the f level. The polls have shown that for the wisdom of a local hermit who was the region's last 5 years. Education has always been EDUCATION CUTS IN THE 104TH recognized Guru. The youngster completely one of the top five priorities. It moved CONGRESS enclosed the small bird in his hand and asked to the top, last 2 years one of the top the hermit if the bird was alive or dead. If the The SPEAKER pro tempore (Mrs. three priorities. So for the leadership hermit said the bird was alive, the boy would MEYERS of Kansas). Under the Speak- of the 104th Congress to insist that kill it. If the hermit said that the bird was dead, er’s announced policy of May 12, 1995, drastic cuts were going to be made in the boy would release it unhurt. When he the gentleman from New York [Mr. education was to sort of hold the public asked the Great One the alive or dead ques- OWENS] is recognized for 60 minutes as opinion process in contempt and to tion, the hermit simply replied: ``Its life is in the designee of the minority leader. turn their back on the common sense your hands''. For Quillen the story had great Mr. OWENS. Madam Speaker, we are of the American people. significance, and after telling the story at cam- moving toward adjournment. There is a Finally they have heard. Finally, as paign stops, he would add that ``My political rumor that we may be adjourning the we move toward the resolution of the future is in your hands.'' This is an observation 27th or the 28th of September. And first budget, the budget for fiscal year that has never been forgotten and is con- there are some very important unfin- 1996, after the two shutdowns and a lot stantly reflected by Mr. QUILLEN's overwhelm- ished business items that relate to edu- of drama, one of the things that hap- ing commitment to his district. cation which I would like to discuss to- pened was that the cuts in education H10508 CONGRESSIONAL RECORD — HOUSE September 17, 1996 were rescinded. They were given up cated. The superpower of the world was used to fund this additional amount of they gave up on the cuts in education. going to do without a Department of money for education. Yes, there were humongous cuts in Education at the Federal level. It will So we hope this key bill will really other areas, extreme cuts in other be the only government of any of the move forward in accordance with the areas. I think the most extreme cuts industrialized nations that has no rumors, that the positive kinds of probably took place in housing. But central agency at all relating to edu- things that are being talked about in there were cuts in job programs, job cation. It would have been a very bar- the rumors will become reality and programs. There were a number of baric and primitive kind of action to that the next few days, before we leave, cuts, 22 billion dollars’ worth of cuts take, but it was proposed. It was pro- we will see an appropriations bill still took place, despite the retreat on posed seriously. emerge from the floor of the Senate, education, $4.5 billion for education I serve on the Committee on Eco- which will then go to conference, and and labor, and they retreated on most nomic and Educational Opportunities. we will have—we hope that the Mem- of those related to education. Head That is the name that it has now, but bers of the House will still be listening Start was not cut. The title I program for the other 12 years that I have been to the voice of the people, the common was not cut. here it was called the Education and sense of the American people, and that So we had an acknowledgment by the Labor Committee; and before our com- they will be reasonable about returning Republican majority that the common mittee earlier in the session, in 1995, education to a status of being non- sense of the American people, which we had two men who should have partisan activity. said over and over again education known better come before the commit- Probably more important than for- should not be cut, education is prior- tee and testify that they wanted to eign policy, education should be a bi- ity, they bowed to that. abolish, eradicate, the Department of partisan and nonpartisan activity. You know, we used to have a sort of b 2045 Education. We had Lamar Alexander, the ex-Sec- unwritten rule that was understood They bowed to that, and I hope they retary of Education. He was the Sec- that foreign policy was bipartisan, you continue to bow to it. We do not know retary of Education under George Bush know, or even nonpartisan. That rule for certain, because in the appropria- in his last 2 years. Mr. Alexander was has been broken quite a bit by this tions bill that passed the House of Rep- proposing that we abolish, eradicate, present Congress, but maybe it applies, resentatives before we went out for re- the Department of Education. We had or should apply more so, to education. cess, there was an appropriations bill Mr. Bennett, who had been the Drug And we return to a situation that did for the health and human services, edu- Czar, and he had once also been head of exist when I first came to Congress cation, health and human services, and the Department of Education before where on the Committee on Economic in that bill there were still some dras- also proposing that this civilized Na- and Educational Opportunities there tic cuts for education programs. tion, the leader of the industrialized would be intense arguments about how No, they did not cut Head Start any free world, should not have a Depart- to do something, about which way we more, and they did not cut title I any ment of Education. wanted to proceed to improve edu- more. Those are too highly visible. So we are a long way from that kind cation, but there was no argument They did cut Goals 2000. They did a of extremism; you know, the kind of about the fact that we needed an edu- number of other cuts, and you still had extremism which followed that pro- cation department. a kind of war with the common sense posal with a proposal that we cut We needed a Department of Edu- of the American people in respect to school lunches to the bone and that we cation, and we needed to have an in- education being made a priority. take title I, one-seventh of the funding vestment in education. How we would That situation still exists today. The for title I, $1.1 billion; that we cut Head do it was a great bone of contention, appropriations bill passed by the House Start, which has never been cut in the but nobody ever proposed that we have of Representatives is there waiting for history of its existence. That kind of drastic reductions in the role of the action by the Senate, and we have extremism was rampant in the first Federal Government in education. heard that there is good news. Rumors half of the 104th Congress. Congress must keep its eye on this are that the Senate may agree with the As we come to a halt, as we near the prize. Education ranks high in the Democratic amendment that proposes end, I am pleased to observe that we minds of the people because they un- to restore the cuts made by the House are going out not with a bang, but with derstand, they have a wisdom that en- of Representatives in the House of Rep- a whimper. We appreciate the whimper. dures, and they understand what is im- resentatives budget, and not only to re- We have had enough extremism. Extre- portant and what is not important. store them, but to increase them. It mism is not good, and the Founding This has now been translated into means that the leadership of the Sen- Fathers understood the need to have a the platforms of both parties. I think ate, the Republican leadership of the check on any kind of rapid movement, both parties have some strong state- Senate, is listening, above the heads of any kind of blitzkrieg of ideas, a blitz- ments about commitment to edu- the Democrats in the Senate, to the krieg of programs when they created cation. I do not think you still have in vast majority of the American people the two Houses. They knew that one the Republican Party platform any- out there. House would have sort of a calming ef- thing about eradicating the Depart- Madam Speaker, public opinion, com- fect on the other. Certainly the Senate, ment of Education. I think you have mon sense is registering. They have a more deliberative body with a longer very strong statements in the Demo- heard, and it looks at if we may come term, was to be kind of a brake on ex- cratic platform, and you have very out of the 104th Congress with all the tremism, and I think we should ap- strong statements that are being made cuts restored and, perhaps, an increase. plaud the Founding Fathers again. It every day by the President about the There is a rumor that the amount of has worked; the other body has been a commitment we need to make further money for education may be increased brake on the extremism in this House. to advance this Nation on its education above what the House bill passed, sub- And now the other body has come to agenda. stantially above that amount. It is the rescue of the education appropria- It is understood that national secu- very good news, and it is a victory for tions. We are probably, according to rity, a great part of national security, the common sense of the American rumors, going to get from the other is what we do in education. It is under- people. The American people are to be body an increase in the education stood that the H.G. Wells statement congratulated for consistently insist- budget paid for by some very innova- that history is a race between edu- ing that education is a priority. tive program that I had mentioned 6 cation and catastrophe is truer than We came into this 104th Congress months ago, the possibility of using ever before, that we will have catas- with the Republican majority propos- the income from the spectrum to help trophe if we do not rise to the occasion ing that the Department of Education with our revenue problems, and I see and make certain that this leader of be eradicated. It was that extreme; in that that is coming to pass. It is a con- the free world, this leader of the indus- 1995 we had a proposal on the table that crete proposal in the Senate that the trialized world, has the best possible the Department of Education be eradi- income from the spectrum should be education. An educated populace is our September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10509 most valuable asset. An educated popu- school day who had no place to sit in education as we have been spending in lace is our first line of security. New York City. This is hard to describe the past. It was a new mayor, a Repub- We should not have what has oc- to most people throughout the country lican mayor. He had some extremist curred in this 104th Congress; that is, a because 91,000 people, 91,000 students, is views on certain items, and he put Congress proposing a $13 billion in- greater than the number of most blinders on. Now the reality is there, crease in the defense budget while it school districts. Most school districts, the children had nowhere to sit. proposes a $4 billion cut in education you know, are in the 10,000 to 20,000 In the midst of the reality, what has programs. That is exactly the opposite range, and many are much smaller happened? We have had a refusal to of what we should be doing. Our de- than that, school districts. But here we recognize the reality. There is a great fense, our security, is very much tied have the New York City school district debate that the mayor has started up with education. which has more than a million pupils. about placing 1,000 of the 91,000 young- And I want to note, you know, that You know, at the height of the New sters in parochial schools. There is a there are many people who understand York City enrollment, it once reached great debate about the fact that the this. Because there are so many dif- 1.2 million. parochial schools, the Catholic schools, ferent groups in America who under- So we are not at a point now where have specifically said, we will take stand this and have become more and there are more children than the city 1,000 youngsters, not just for this year more vocal, they have heard the call has ever had. We once had 1.2 million but we will take them and we will take for help, they have heard the call to in the enrollment of the New York City your worst youngsters, your most dif- protect. We needed to protect ourselves schools. But the city is not prepared ficult in learning, et cetera, and we from the extremism, and more and right now to take care of 1.6 million will keep them through our whole 6 more the widespread and diverse sup- pupils. It is not because they have years or a whole 8 years of schooling. port for education has manifested it- never had the situation before; it is be- You have to pay for them, though. You self, and that is good. You know, let all cause we have leadership that has no pay us what you spend per child. flowers bloom; you know, let every- vision, a leadership that chose to not That is another form of choice. In body who is interested in education listen to the voices of common sense, this case a religious school is involved, come forward and participate in the to not listen to the constituency of the and there are questions of the constitu- process of getting a clear sense of di- city, to the parents. tionality of it arising. All of that was rection as to where we should go with We had a chancellor of the schools pushed to the side because private in- education. who laid out the problem very well 2 dustry said, we will pay for them. We It is not enough just to support it, it years ago. He laid out the problem, he will raise the money. You do not have is not enough just to applaud the res- proposed a solution; he proposed a pro- to use public funds. The mayor is busy applauding him- toration of the funding at the Federal gram to make the kind of repairs that self and going on to take care of 1,000 level. We must have a clear sense of di- were necessary so schools could be re- rection as to where it is going to go. youngsters, and I want to congratulate paired, he proposed to build schools him publicly for getting the private We must have a clear sense of how we where they were needed, and it was all are going to behave in our localities, sector to put up money to educate 1,000 there. young people. I hope the private sector the municipal governments, and a clear So it was not that the vision had not sense of how we are going to behave is going to provide $2 million per year, been laid out by someone, an educator not just for this year but to keep the with our State governments and just who understood what was going to hap- kids in the Catholic schools. what kind of commitment we are going pen. His name was Ray Cortines. He We are interested in children being to make for education as we go toward spent some time in Washington. He was educated. I do not think anybody the 21st century. a superintendent on the west coast at should stand on ceremony and say this The President has a good vision, but one point. He was well respected as an is not the right solution, it sets a the Federal Government is only a educator. precedent. small player in the whole education Well, he was kicked out of the city One thousand of the 91,000, good luck. drama. The Federal Government, at hierarchy. He was hounded to the point We congratulate the mayor for saving most, has spent about 8 percent of the where he had to resign because he in- 1,000. But what about the other 90,000? total education budget. At the height sisted that you have to prepare for the What are we going to do about them? of Federal spending for education it did problems that you are going to face So I come back to my original con- not get beyond 8 percent. The rest of with respect to schools that are too old cern here; that is, that if the Federal the money is provided by local govern- and crumbling, not safe, and we need to Government is going to drift back on ments and State governments. replace those, and we have a situation track, if the public common sense is What is most important for the Fed- where, in certain areas of the city, the going to penetrate the beltway, if the eral Government is that it be the role population is growing at a rapid rate. public common sense is going to pene- model, that it be the drum major, that b 2100 trate the House of Representatives’ it set the tone; and that has been a leadership, if we are going to come positive development over the years So we were not prepared. Came the back to the reality that the people that came to a halt with the advent of opening of school, and 91,000 young peo- want education to be made a priority, the 104th Congress. The tone was just ple had no place to sit, because the vi- that the people want an investment in the opposite. That the tone here in sion was not there. education by every level of govern- Washington was that the Federal Gov- If, in a highly visible situation like ment, starting with the Federal Gov- ernment should back away from the this, if there are no places to sit, if ernment, that the Federal Government commitment, and, as a result, you have space, if the capacity to seat the chil- is going to begin to set an example and had commitments, retreat from com- dren is not there, then you know that become a role model again, then my mitments, in a number of States and a many other elements of the edu- concern is that we understand that this number of localities. cational system also are in disarray. is not enough. Certainly in the locality that I rep- You cannot see the quality of teaching, We applaud the President and his resent in New York City there has been you cannot easily see the quality of long platform related to education. We a great retreat, a movement away from equipment and supplies, but if the applaud the proposal that something be the commitment to education of the basic space capacity is not there, then done about construction. It is a pro- kind needed. We have in New York everything else is suspect. posal that comes kind of late, but let right now a good example for all of There is a collapse in the education us hope we can get it off the ground America to take a hard look at as to system in New York because of bad next year, with a small amount of what happens when you have a retreat leadership, because leadership was ex- money the Federal Government pro- from a commitment to an investment treme in another direction. The mayor poses to stimulate investment and con- in education. was intent upon making tax cuts. The struction for schools. There were 91,000 young people who mayor was intent on sending a message Senator CAROL MOSELEY-BRAUN and reported for school on the opening that we would not spend as much for I, 3 years ago, authored a provision in H10510 CONGRESSIONAL RECORD — HOUSE September 17, 1996 the Elementary and Secondary Edu- tions process for this year, it will not October 23 this year. It was earlier cation Act which called for $600 million help that situation very much, because than last year, which was November 14. to be spent for construction and re- we do not have anything in the appro- National Morning Out for Education is pairs, especially in situations where priations bill for construction, for re- what we are calling for National Fund- you had asbestos and you have lead in pairs. So there is a need to call upon ing Support Day. the water and you have unsafe condi- the Federal Government in the future, Let any organization take part. tions in the schools. yes, but there is a need right now at Hopefully they will relate to an edu- The $600 million that was authorized the local level, at the State level, to cation institution, not just schools, but was cut down immediately in the ap- deal with an emergency. day care enters, Head Start centers, propriation process to $100 million. We have got a generation of children, colleges, from kindergarten to grad- That was in the 103rd Congress. When we have 90,000 young people, who, if we uate school. Let us do some things as the 104th Congress came in, one of the do not solve the problem this year, we laymen which show that everybody is things they zeroed out right away was partially solve it and it impacts them concerned about education, we under- the $100 million for emergency repairs next year and the next year, what kind stand the importance of education. and construction. So there is nothing of education are you providing for By doing that as laymen, we send a existing in Federal law right now those 90,000 young people? They cannot message to the decision-makers. The which will give any aid to localities wait. elected officials, the people who are that need help with buildings, with The Mayor has said this situation is supposed to make decisions, will space, with asbestos problems, with going to be with us for quite some maybe begin to understand that what we have read in the polls is real. They lead poisoning problems, with fire vio- time. Let us understand, we cannot have ignored the polls. The polls say lations. solve it overnight. The city of Washington, DC, had sev- Whose children are involved? If your that people at every level set education eral schools closed down on the open- child was involved, would you be as as one of the high priorities for govern- ing day of school because they had fire calm as the mayor is, and say you can- ment investment. They keep saying code violations. not solve the problem overnight? Or that. But for some reason the decision- The mayor of New York says that, would you be angry? Because we had a makers are blind, or refuse to recognize really, we do not have a problem with chance with Abe Cortines who pre- that fact. I do recall with great joy that we had 91,000 youngsters; that really there are dicted 2 years ago that we have a prob- a problem with libraries in New York places for them to sit on the floor. lem, and he was driven out of town by City for years, getting enough funding. There are just not desks for all of the harassment of this same mayor. One of the items that I have on my Public libraries were not being funded them; or that maybe there are places agenda tonight is a discussion of Na- properly. I am very close to the situa- for them in other schools. New York is tional Education Funding Support tion because I am a librarian. I worked a big city. It has 8 million people. If Day, and that has a lot to do with for the Brooklyn Public Library for 8 you bus kids around to places where Washington, of course, but it has more years before I went into city govern- they have a few empty classrooms or to do with the local level. ment. empty seats, if you get it all together, What I am trying to do, and this is a We organized and we showed the you can find seats for half of the stu- project that was conceived of by the elected officials for the first time that dents. National Commission for African the best bang for the buck that you get Madam Speaker, I applaud that. If American Education, the project was in public life is through public librar- you can get it together, Mr. Mayor, designed to try to engage local commu- ies. You get more out of what you please do, because you have 1,000 that nities in the fight for getting more spend for public libraries than you do you have taken to parochial schools; funding for education, to wake up peo- for any other activity, certainly any there are 90,000 left. If you can take ple to the fact that education is some- other educational activity. More peo- half, move them around in buses, how- thing that is very essential, but we ple participate, use the books, use the ever expensive that may be, or however cannot take it for granted. facilities. The ratio of the dollars you disadvantageous that may be for young You cannot take for granted that the spend to the good you achieve to the children, if you can do that, then you local officials are going to do what kind of help you give people is fantas- have 45,000 taken care of. But what they have to do to plan to avoid having tic. about the other 45,000? 90,000 kids in New York City not have We finally made a breakthrough, and And when you get through placing seats. You cannot take for granted. in the last mayoral election both can- them, you acknowledge, the mayor ac- There must be an involvement at all didates were vying with each other to knowledges, the school board acknowl- times by citizens, not just the parents see who could do the most for the li- edges, that many of them are in gyms. but all of the citizens. braries. That is the kind of break- And they consider that normal now, So National Education Funding Day, through that I am optimistic about for because they have been in gyms hold- Funding Support Day, is designed to education in general. ing classes for several years now. Many try to allow an opportunity for the I think we are facing a golden age, of them are in closets. Many of them businesses, for the labor unions, for the that we have seen the worst. The early are part-time in the cafeteria. Many of churches, sororities, all of them to get days of the 104th Congress were the them are in small auditoriums. There involved. We encourage them to do worst days for education. Nobody in are various innovations that have been something for education. It is kind of a the future will ever propose that we accepted as normal. plagiarism on the National Night Out eradicate the Department of Education So what if you began to meet the fire Against Crime. again. I do not believe that is going to code violations, the fire code, and end The National Night Out Against happen again. some of the violations which must Crime started, and it leaves it up to I think we are on the verge of a new exist if you have youngsters packed the locality to be innovative. You de- education-industrial alliance, that into some of these spaces? Or health cide what you want to do to show that business understands that it is not code violations, ventilation problems, you are not afraid of criminals. You de- going to be able to just offer rhetoric where you do not have youngsters in a cide what you want to do to protect the about the need to have improvements room with the proper ventilation? If fact that maybe the government is not in education. It is going to have to be you ended all those, our 45,000 of stu- doing enough about crime. consistently more involved, that busi- dent problems would increase back up So we saw that phenomenon take ness is going to have to be involved in to 60,000 easily. place across the country and it caught terms of supporting the kind of govern- We have a major problem. We have a on. People came out and they are very ment investment in education that is major problem. No matter what hap- much active in the National Night Out necessary, which if that means more pens here in Washington, no matter Against Crime. I think it is on a Tues- taxes, maybe they will follow the ex- how positive the appropriations bill is day night in August. ample of the Senate and come up with when it comes finally to the floor, and So we are calling for a National more creative ways to get taxes, like we will be finished with the appropria- Morning Out for Education. The date is using the sale of the spectrum. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10511 Why not? The spectrum belongs to was in fiscal trouble, he became the Each state would decide how best to use the all of us. Why have we allowed it to be head of the Municipal Assistance Cor- money, but a significant portion would be used for free all these years? The big poration, which is something like the committed to new schools and education Washington Financial Control Board technology. broadcast industries have used the Such a program could result in more than spectrum up there. It belongs to all of that we have in this city now, and after buildings. It could create at least 2 million us. They have made billions of dollars. his term there, he was still interested new jobs, public and private. Most would Why did it have to be given away to in the city and he proposed some con- likely be well-paying jobs related to con- them for free? crete proposals that were not listened struction. Others would be less specialized Yes, we did, in the early days of the to. One of them related to schools. jobs that could be opportunities for young Nation, we had land grants. We had I am going to read from an article people who need a chance to break the cycle various ways that we gave land to peo- that Rohatyn wrote for the Wednesday, of welfare. Under the new Federal law, finding work ple, so I guess giving the spectrum September 11 issue of the New York Times, an op-ed piece by Felix for welfare dependents is a hidden time bomb away was sort of following that. for state governments. The only problem with giving the Rohatyn. I will just read some sections Yes, the money will be lost to the Federal spectrum away to the broadcasters is of it. Rohatyn says that a decade ago, treasury. But replacing $5 billion each year that there were only about four major and, remember, he is responding now to in a $1.5 trillion Federal budget is a small broadcasters. Land grants went to the fact that 91,000 young people did challenge compared with the benefits of $100 thousands and thousands of people, and not have a place to sit in New York billion of additional investment in cities over 5 years. The program would undoubt- the grants of the spectrum, which were city schools when they went to school. A decade ago, in response to the abysmal edly receive strong support from mayors and not seen as grants, they were given governors, Republicans and Democrats, busi- away to four major big broadcasting state of New York City’s public school build- ings, the Municipal Assistance Corporation, ness and labor. networks. A program that would give city and state with the support of Mayor Edward I. Koch governments $75 billion to $100 billion would So we ought to come back to using and Gov. Mario Cuomo, committed $400 mil- provide only a fraction of the more than $2 that kind of revenue, capturing that lion of its surplus funds to creating a new revenue to put it into productive ac- School Construction Authority. This became trillion needed nationwide for public im- tivities like education. People like the cornerstone of a five-year, $4.5 billion provements. But, if successful, the program construction program aimed at providing de- could be extended and increased over time. Felix Rohatyn, I like to cite him be- President Clinton has recognized the need cent schools and allowing for increasing en- cause he is no wild-eyed liberal, he is a for Federal assistance to state and local gov- rollments over the next few years. businessman, a multimillionaire, Yet today the system is more overcrowded ernments by signing the bill sponsored by maybe a billionaire, and when he than ever. The buildings are often decrepit Senator Carol Moseley-Braun, Democrat of makes proposals people listen, because and, in many cases, dangerous for the chil- Illinois, providing interest rate subsidies for he has demonstrated in their milieu, dren and the teachers. In part, this is the re- local school construction. This was a good the hard-nosed milieu of finance and sult of poor management * * *. beginning, but it is not nearly enough. In 1994, Ramon Cortines, then the Schools Mr. Clinton has long called for public in- business, that he knows what he is vestment, yet neither party has put forth a doing. Chancellor, and the city’s Commission on School Facilities and Maintenance Reform, program to meet the challenges facing urban So the latest proposal of Felix led by Harold O. Levy, submitted a $7.5 bil- America. Rohatyn, who was considered at one lion, 5-year capital request. Mayor Rudolph Turning the revenue from the gas tax into point for the Federal Reserve Board, Giuliani, struggling with the city’s budget schools and other badly needed public build- but the name was dropped because of gap, gradually reduced this request to $2.9 ings would be a large part of Bill Clinton’s opposition it was felt it would meet billion, and later to $1.4 billion, and even the bridge to the 21st century. from the Republican-controlled Senate, $1.4 billion is now no longer guaranteed. End of the article by Felix Rohatyn but Felix Rohatyn’s ideas have been Such problems are not limited to New in the September 11th New York talked about for quite a while in a York City or to schools. Practically, every Times. large city and state face deteriorating number of circles, conservative and lib- I said before Mr. Rohatyn is a busi- schools, roads, bridges, mass transit sys- nessman. He is a millionaire, he has to eral. He has come up with a simple pro- tems, sewers, and pollution-control plants. posal that ought to strike home here. Few have the money to make repairs or pay lots of taxes. He understands very well what he is proposing. The gas tax b 2115 build anew, and many have legal restrictions on their debt capacity. They need Federal as- exists already. We have had a lot of Viewing the chaos in New York in re- sistance—specifically a program that would controversy about repealing it. He says spect to schools and space and knowing return an existing source of Federal revenue leave it in place, distribute it to the that we have an extreme situation in over to state and local governments. States and local governments, and he New York, but it is not so different in During the Presidential campaign, the 4.3 thinks the State governors and the Chicago, in Philadelphia, in Los Ange- cent-a-gallon increase in the gas tax that was included in President Clinton’s 1993 mayors of municipalities will be quite les, all of our big cities are in trouble budget package has come under attack. Re- happy to have this kind of innovative in terms of aging infrastructures for pealing it would be bad energy policy and action by the Federal Government schools. Big cities happen to be where bad economic policy. But it is worth consid- which will stimulate them to match most of Americans live. Most people ering a better use for the gas tax than Fed- them it to a certain degree and move want to dismiss cities as being lost eral deficit reduction: making it available to for some improvements, including im- causes. If you dismiss cities as being state and local governments for public in- provements on much needed edu- lost causes in America, what you are vestment. Localities could spend the money directly cational facilities. doing is dismissing the majority of the on construction and renovation, or leverage I have not even talked about the de- American population as being a lost the funds with secured borrowing. State and terioration of the infrastructure of our cause, because the majority of the city governments have been cutting back on colleges. We have a municipal college American population, overwhelmingly public investment because of budgetary system, city college, City University of they live in cities. problems and legal limits on their abilities New York has 200,000 students. They Cities drive our cultures and cities to issue bonds. have a problem with buildings, too. I have a lot to do across the world and The income from a 4.3 cent Federal gaso- have not talked about that. line tax has the benefit of being highly pre- throughout history with progress and dictable. It would provide about $5 billion to My point is that I hope that we can advancement and the cities’ role, you States every year, making it ideal for very look forward to some good news in the cannot substitute any other entity for long-term bonds issued for public invest- appropriations bill that comes from the the kind of role that cities play. If ment. conference of the Senate and the cities decline and cities decay and Nationwide, this could comfortably sup- House. I hope that that will be a signal cities are no longer functional, then port from $75 billion to $100 billion in new that we are ending the era of the at- nations will no longer be functional. I programs by state and local governments tacks on the Federal role in education. over 5 years, assuming that they would pay I hope it will be signal that we are hope that some day that gets through an additional 20 percent to 25 percent of the to our political decisionmakers. cost beyond their take on the gasoline tax. back on track, that education will Rohatyn understands this. Rohatyn With its share, New York State could gen- again be a bipartisan activity. If noth- has been involved when New York City erate $5 billion to $7 billion over the period. ing else comes out of this election year H10512 CONGRESSIONAL RECORD — HOUSE September 17, 1996 except that one positive feature, it will hold its own in terms of maintaining b 2130 have a lasting impact on where the its market share, maintaining its Fiscal year 1997 begins on October country is going. standard of living. It can be drastically 1st, and the education programs are We are talking about a revolutionary undercut. If you can have mass produc- not funded. We hope that either time where education is really as im- tion of computer scientists in some through a continuing resolution or an portant as the rhetoric says it is. We other country, not just the Soviet agreement on the appropriations bill have had rhetoric about how important Union, Russia, or Germany and the in- we are going to reach the point where education is for decades, for centuries, dustrialized nations but in a nation this is resolved, but it will not come but it has never been more important which is a developing nation like India. automatically. So call in. Call in and than it is now. India has computer scientists on a remember that the Committee for Edu- I was fortunate enough to visit Rus- par with computer scientists anywhere cation Funding has some very hard sia, the former Soviet Union, this past in the English-speaking world. So you facts that you ought to bear in mind. summer, a seminar in Leningrad. have many computer companies who Madam Speaker, I am going to read a Among the many things that I noted, need computer programmers hiring few of those facts that the Committee one is of course the entrepreneurial people from India to work for wages of for Education Funding put forward. spirit that has blossomed so quickly one year which is equal to one month’s Committee for Education Funding has among Russians. Human beings are salary for American computer pro- about 80 different organizations in the natural entrepreneurs and decades and grammers. In fact, they call Bangalore, country, national organizations, which decades of communism does not wipe India the capital—and I have men- have united under one umbrella to out that spirit. So you are very im- tioned this before—Bangalore, India, is fight for more investment in education. pressed with how quickly it comes called one of the capitals of computer So, they speak with great authority. alive. programming because if they do not School boards are represented, teacher The other thing that is most impres- bring the Indians from there to our unions, all kinds of organizations con- sive is the tremendous degree to which companies here, if they have a problem cerned with education. At high edu- the population is educated. It is a tre- getting them past immigration and cation level, at the preschool level, mendously educated population. I do getting enough into the country to do they are all there. not just mean literacy. This is an in- the things they want to do, they take The fact sheet of the Committee for dustrial nation. This is a nation with a the work to Bangalore. Education Funding reads as follows: It population that has an industrial edu- Large numbers of American corpora- wants to remind us that over the last 2 cation, a technological, scientific edu- tions are taking their computer pro- years, education suffered cuts of more cation. than $1.1 billion. Despite the fact that Yes, they had the worst political sci- gramming work to Bangalore, India. They speak English, they understand we stopped many cuts, it still suffered entists in the world, but do not take cuts of more than $1.1 billion over the that to mean that they do not have science, computer science and so forth, and they are major competitors to peo- last 2 years. good scientists otherwise. The problem The fiscal year 1997 budget resolu- ple in the computer programming was political scientists are never given tion, which is the one I am talking world in America. There will be more much credit, they are not celebrated about now, passed by Congress this of these kinds of developments. like the other scientists, but the Soviet year, cuts education and—I am sorry, Union existed and plodded along and fi- So education in terms of market the budget resolution; in the budget nally collapsed the way it did because share, in terms of staying ahead of the resolution, which guides the appropria- they had the worst political scientists curve scientifically, et cetera, it be- tions process, we cut education and in the world. But they had scientists comes of utmost importance. Of course training by 17 percent in real terms who put the space station up there that last night at the Committee for Edu- over the next 6 years according to the we are now rendezvousing, our astro- cation Funding dinner where 5 retiring Senate Committee on the Budget. nauts are now going to their space sta- Members of Congress were honored, While calling for some program con- tion, and we should not forget that, PAT WILLIAMS spoke about education solidation reductions, President Clin- that the kind of education, higher to prevent civic decay. That is not a ton’s fiscal year 1997 budget request order education, theoretical, physics, small thing. In our country, which is a does propose to increase the invest- chemistry, metallurgy, whatever you democracy, if we do not educate the ment of education back to $2.8 billion want to name, in a modern, industri- populace, the very democracy itself in fiscal year 1997 and maintains that alized, scientific society, it exists in will become an enemy if we do not have level of investment over the next 6 Russia. people who understand how this democ- years. They understand computers very racy works. So nothing is more impor- Madam Speaker, I will not go on and well. They are far behind us because tant. We have activities that are going on with these facts. I just wanted to their political scientists did not want forward to try to get this across at say that the call-in sponsored by the to have an Internet. They did not want many levels. Within the beltway and Committee for Education Funding is a to allow a mass production of comput- among people who know what the edu- very good idea. It is one way to have ers. They did not want to have decent cation agenda is, there are certain people demonstrate that the public telephones because they did not want kinds of activities at work. opinions are real, the public opinion people to communicate with each The Committee for Education Fund- polls are real; that there are real other. The political scientists wrecked ing has a National Education Call-In human beings out there behind those the economy and almost wrecked the Day which is tomorrow, September 18, public opinion polls. Every politician is society once and for all, but it did not 1996. They are giving everybody the concerned about public opinion polls wreck it to the point where the edu- capital switchboard, 202/225–3121, ask- and focus groups and really being in cation, especially the scientific and ing them to call the Members of Con- sync with public opinion. So it is kind technological education, is not there. gress—Members of the House and Mem- of a contradiction, a paradox, that they So you have Russia, you have other bers of the Senate—and talk about the will not listen to the public when it eastern European countries, you have fact that we need help from the Federal comes to education. Germany, you have numerous stations Government to meet the challenges of We have to end that paradox. We where education is far superior for the growing enrollments, more students have to hit the politicians, the deci- masses, far superior to the education with special needs, new educational sion-makers, and elected officials, the that we provide here. technology and a changing economy. candidates, hit them with a sledge- We talk about global competition, we That will work for certain groups of hammer and make them understand we talk about a small world, we talk people as it has in the past and we hope mean business when we say education about being able to hold our own in that folks will call in and alert their is a priority, ought to be a priority. very loose terms, but it is very real. An Congressman to the fact that the ap- One way you hit them with the sledge- educated population is our only guar- propriations bill for this year has not hammer is to keep banging away in antee that our society will be able to been passed. every way possible. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10513 Make the telephone calls on October free? And that is one proposal I would You say a billion dollars is a lot of 23rd when we have the National Edu- like to see us support. Secretary Riley money. A billion dollars is what—the cation Funding Support Day. Organize has a proposal. If we do not get that, CIA had $2 billion in its slush fund that some kind of group and demonstrate then there are various discounts that they could not account for. It had got- your concern by going to a school and are being proposed that we will also ten lost. To let you know, $2 billion for linking up with a school. Some people fight for. the CIA was not very much, but $2 bil- have gone to schools and provided The FCC will make this decision lion would go a long way in terms of books, gifts. Other people have helped sometime within the next 2 months, so spending for our school children. programs in schools. There is one it is important, as we participate in Modern costs are high, but we should group of parking agents who have said National Education Funding Support not get overwhelmed. We should under- they will provide a week of safe con- Day, to understand how important that stand that, if education is a number duct to certain schools in certain parts is. That is a once in a generation time one national security item, if the peo- of the cities that have had trouble with activity. Once you get that kind of ple of the country, in their common- kids not being able to get to school benefit, it goes on and on, and it has sense wisdom, have decided education safely. implications for many years and many ought to be the highest priority, then Whatever your particular organiza- generations to come. let us not hesitate to make the invest- tion can do, do it. We are urging that We talk a lot about how costly these ment in education, to take us across churches adopt a school and link up new educational technology items are, that bridge to the 21st century. Our with what we call net day. There is a computers, et cetera. And it is true children deserve it, our great Nation net day project that most of you have they cost so much more than a desk needs it. I think we can do not less heard about. Net day means that that and chair and book. In New York City than what our capacity allows us to do. is a day when a locale or a State we are struggling with the problem of f pledges to wire all of its schools, to just providing a desk and a chair. But provide the wiring necessary for the we cannot get locked into a situation FURTHER MESSAGE FROM THE schools to have appropriate computers where we do not discuss educational SENATE and for the schools to link up with the technology, computers, online A further message from the Senate Internet. Internet, because we have not solved by Mr. Lundregan, one of its clerks, an- A minimum net day effort is to wire the problem of the desk and the chair. nounced that the Senate had passed the library of the school and five class- If every city in America had decided it without amendment a concurrent reso- rooms. So let us have some net days on would not build an airport until it lution of the House of the following October 23. If you cannot do it by Octo- fixed all the roads and all the side- title: ber 23, then for the period between Oc- walks, then very few cities in America H. Con. Res. 211. Concurrent Resolution di- tober 23 and the middle of November, would have airports. They would be in recting the Clerk of the House of Representa- in the middle of November we have Na- very bad shape if they did not have air- tives to make a technical correction in the tional Education Week, from October ports. enrollment of H.R. 3060. 23 to the middle of November. Try to So you have to look to the future and The message also announced that the mobilize and get together the nec- get involved in the new technology and Senate agrees, to the report of the essary ingredients and elements to what it can do for the imaginations of committee of conference on the dis- wire your school, to wire the library the youngsters who are in our schools agreeing votes of the two Houses on and wire four classrooms. That is what and make certain that the schools in the amendment of the Senate to the net day is all about. the inner city communities, like New bill (H.R. 3816) ‘‘An Act making appro- At the same time, you might con- York City, like my district in Brook- priations for energy and water develop- sider the fact that there is a campaign lyn, one of the poorest districts, is not ment for the fiscal year ending Sep- on called the campaign to get the E left behind because they do not have tember 30, 1997, and for other pur- rate. The E rate means a rate for the the computers and they do not have poses.’’ wired schools, for their being able to the access to the Internet. The message also announced that the utilize the services, whether they are Madam Speaker, all of it has to go Senate had passed a concurrent resolu- online services or whatever to come in together. We have to fight for the desk tion of the following title, in which the the future at a reduced rate. and fight for the chair, fight for the concurrence of the House is requested: All schools and libraries, according space in a building, fight for the safety S. Con. Res. 67. Concurrent resolution to to the law passed by the Congress, we in the building, the end of the viola- authorize printing of the report of the Com- passed the law which says the FCC tions related to asbestos or lead poi- mission on Protecting and Reducing Govern- must work out a way for all schools soning, ventilation. We have to fight ment Secrecy. and libraries to get a reduced rate, to for it all at one time. f be accommodated. It does not spell out It costs money. It will cost money, ROCKFORD RESCUE MISSION: how the FCC should do that, so the but it is not half as costly as some of BRINGING THE COMMUNITY TO- Secretary of Labor has proposed that the modern expenditures that we are GETHER TO SOLVE COMMUNITY they do it for free to all schools and li- accustomed to. We are ready to appro- PROBLEMS braries. It will be easier to administer priate $13 billion more to the Depart- that way, and what the companies will ment of Defense. In fact, that is what The SPEAKER pro tempore (Mrs. be doing is developing future cus- the majority, Republican majority has MEYERS of Kansas). Under a previous tomers. done. They have added $13 billion to order of the House, the gentleman from Madam Speaker, we have massive the President’s request for defense. A Illinois [Mr. MANZULLO] is recognized numbers of customers that, if they new attack submarine costs $775 mil- for 60 minutes. make it easy for them to get the nec- lion. A B–2 bomber, we can give 7 mil- Mr. MANZULLO. Madam Speaker, I essary wiring and the cost of using the lion more children an opportunity to come to the floor of the House today to Internet and the various services is become productive citizens for the cost praise the efforts of the Rockford Res- zero for the schools, then the kinds of of three B–2 bombers. We could double cue Mission in their winning fight people they will develop in the schools the safe and drug-free schools program against homelessness, addiction, and will be customers in the future forever. for the cost of the Seawolf submarine poverty. For more than 30 years, the People spend 12 years in school, but program. America could hire an addi- Rockford Rescue Mission has provided they live two or three times that long. tional 267,000 elementary and second- food, shelter, job training, and drug If they learn how to use these various ary schoolteachers for a billion dollars. and alcohol rehabilitation to the most facilities, they will be creating a mar- For a billion dollars we could spend an needy in the Rockford community. ket for themselves. extra $23 on every elementary and sec- In 1964, Mr. Stewart, a recovering al- So we say the E rate should not just ondary school child in the country. We coholic, recognized that there were a be a discount rate, but for schools and could purchase 398,000 multimedia com- number of men in downtown Rockford libraries why not have it completely puters for a billion dollars. who were either alcoholic, unemployed, H10514 CONGRESSIONAL RECORD — HOUSE September 17, 1996 undereducated, lacking direction, or a lems unique to Rockford, Illinois. up at the crack of dawn fixes the chil- combination of these. Mr. Stewart saw Nearly every community in this nation drens’ breakfast, reads the morning that these men congregated in rel- faces these problems. Clearly, our com- paper, takes the dog out for a walk, atively the same area and felt that munities are all searching for workable kisses the spouse good-bye as one and there had to be some way to reach solutions to help those of our neighbors in many cases both leave for work. them and help them find direction looking to start over. The Rockford The average American goes to work back to being contributing members of Rescue Mission has set itself apart as a to support the family, pay the bills, the community. model of compassion with real results. maybe sometime save enough to buy With just $9.63, Stewart rented a Help: that is what the Rockford Res- something new, or go on vacation. The small building on Kishwaukee Street, cue Mission is all about. Compassion: average American wants a good life, and the Rockford Rescue Mission was that is what drives the staff and volun- and strives hard for it. The average born. He took in the homeless. He fed teers to commit themselves to the bet- American is competitive and wants to them, gave them a place to rest, and terment of the futures of men, women, get ahead; no doubt wants America to helped in every way he could to see and families in need. In turn, the entire get ahead. these men back to being part of the Rockford community will have a better So, I ask again, who is the govern- community instead of wayward out- future. ment? My colleagues, the Government casts. I come to the floor of the House is the people—the average American Mr. Stewart asked his pastor and his today to congratulate the Rockford person, who puts in a hard day’s work. wife, the Reverend Gerald and Nadine Rescue Mission for more than three But in today’s society, as I alluded to Pitney, to take over the directorship of decades of service to people. In the best a moment ago, it is becoming the the Mission. Reverend and Mrs. Pitney traditions of the United States, they norm—in a two parent household—that have lived and taught compassion. agreed and began a life-long, family both parents must work to make ends They are expanding their efforts to commitment to serving and helping the meet. reach more people. They have started poorest of the poor in the city. The Each person must work about a third work on renovating two buildings Mission started small, serving only a of the day or more in order to cover the which will provide space for a thrift few single men needing food and shel- costs that each government (local, shop, the Helping Hand program, emer- ter. State and Federal) requires in order to Over the years, the needs of the gency services for men, women, and operate. families, and a men’s recovery pro- Rockford community changed. More Is it any wonder that Americans are gram. The Mission realizes that pro- and more women and families needed upset when their government simply grams to help children must be stepped help and direction. As these demands suggests that more money will take developed, the volunteers and limited up, curbing gang participation and vio- care of a problem; that more money is staff worked tirelessly to expand the lence. The Mission realizes that the going to solve an inconsistency? cycle of poverty and homelessness is facilities and types of assistance they I want to take some time tonight to often perpetuated generation after gen- offered to meet Rockford’s growing explain what is happening in a school needs. Today, under the leadership of eration. Reaching the children and district in Rockford, IL. breaking that cycle is of paramount the Reverend Perry Pitney (the son of People living in Public School Dis- the Reverend Gerald and Nadine importance. Too many organizations today say, trict 205 are dismayed over the sharp Pitney), the Rockford Rescue Mission increase in their property taxes as a re- is continuing its efforts to adjust to ‘‘All we need is more government money, more Federal grants, and we sult of a Federal court remedy in a the changing needs of the community. disegration lawsuit against the school Reverend Perry Pitney, recognizing can accomplish the task.’’ But Rock- district. The compliants I have re- that the needs of Rockford’s homeless ford Rescue Mission has accomplished ceived from people include the fact have changed dramatically since the all this without any government that taxpayers are funding millions of Mission first opened, stated, ‘‘The re- money. They did it on their own, meet- dollars for a school master, attorney’s ality of who the homeless are has ing their obligations through donations fees, consultants, etc., while seeing lit- changed dramatically over the past few from individuals, churches, and busi- years. The idea of old, alcoholic male nesses. They have succeeded in helping tle money going to educate their chil- drifters passing through a community the Rockville community by involving dren. They complain, and rightly so, is now a proven myth. Homelessness is the Rockford community. The Rock- that huge spikes in real estate taxes a local issue and must be dealt with lo- ford Rescue Mission has done more to are making homes in Rockford very cally.’’ fight poverty and homelessness than difficult to sell. Seniors have advised The needs of the homeless in the most government programs. Why? Re- me they can barely pay the taxes on Rockford community continue to grow. member what Reverend Pitney said, their homes. This situation with the In 1995, the Rockford Rescue Mission ‘‘Homelessness is a local issue and Rockford schools is dividing and dev- served over 80,000 meals, housed over must be dealt with locally.’’ astating the city. 18,000 people, and gave away over 87,000 The Rockford Rescue Mission on Rockford is not the only community food items, clothing, and household ne- South Madison Street in Rockford, IL affected by judicial taxation. There are cessities. Now the Rockford Rescue has provided day to day survival assist- numerous school districts having the Mission is looking to triple its size. In ance for three decades. Their philoso- same problems we are. The Federal doing so, they will expand their pro- phy is to help ‘‘All whom we can, in all judge in Kansas City, MO ordered taxes grams for outreach into the commu- ways we can, as long as ever we can.’’ increased and spent over $1 billion, and nity. The current facilities cannot keep Day after day for 30 years, the Rock- there has been little improvement in up with the overwhelming number of ford Rescue Mission has helped the the school system or with regards to people searching for a place to begin neediest of the needy with no questions desegregation numbers. Lawyers, mas- again. The Rockford Rescue Mission is asked. The Rockford Rescue Mission ters, and consultants have been the dedicated to the future of Rockford and has helped find food, shelter, clothing, beneficiaries of these court orders is committed to keeping its doors open and guidance for the homeless, the bat- while the children’s education has seen to everyone seeking help. tered, the addicted, and the hungry. little improvement. The staff of the Mission wants Rock- JUDICIAL TAXATION The people of Rockford continue to ford to continue being a city of hope. Madam Speaker, we hear over and be placed in a situation where the Fed- The expansion of facilities and services over how the Government must spend eral court enters remedies to be paid will help supply the tools necessary to more money here and there. Who is the for with a checkbook that has no lim- fight a winning battle against home- government? Is it us, here in Congress? its. lessness and poverty. This is a picture Is it the bureaucrats inside the belt- I know many of the people in the city of what some of their new facilities way? No. It is the average American of Rockford. They are not segregation- will look like. person. ists. They are concerned Americans. Homelessness, poverty, substance Who is the average American? The They are concerned about their neigh- abuse, and unemployment are not prob- average American is the one who gets bors. They are concerned about the September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10515 quality of their schools and their chil- American parents, Rockford citizens, This legislation is not about desegre- dren’s education. But they are also have always been concerned about the gation or any other decision where a concerned about making it through economic well-being and competitive- Federal law has been broken. It is life. They are concerned about their ness of their children. No one has a about taxpayers paying for Federal living expenses. They are concerned greater stake in good jobs at good court remedies involving the raising of about making ends meet. They are con- wages than do the parents who nurture taxes without the permission of the cerned about putting food on the table. and support their children. This will taxpayers—this is taxation without They are concerned average Ameri- not change. representation. The remedy should be cans. Parents know that excellent schools tempered by the community’s ability But, a law suit is filed. A judge exist all over America. These schools to pay for it, without raising taxes. makes a finding that there is not racial often excel in spite of, not because of, If the school board, municipality, or equality. The first thing that is need- out-of-State administrators or Federal State government feels that taxes have ed—money. Money will solve the prob- judges. Parents ordinarily seek out to be raised, then it should go to the lem, so we need to raise capital in schools that are friendly, familiar, and people and ask for an increase. Other- order to bring about equity. near. In so doing, they help create a wise, the school board should work Isn’t anyone asking or wondering—Is sense of the school as a community within its mans. There is no such thing there another way? What happens when dedicated to learning. as a school district dollar just as there the people are tapped out? Researchers have found this sense of is no such thing as a Federal tax dol- What about all of the additional community to be an indispensable fac- lar. The money belongs to the people. daily expenses: other taxes, bills, food tor in academic success. Yet it is pre- Judicial taxation is a back door meth- on the table? cisely this community that will be lost od to take people’s hard earned money I want to discuss constitutional au- if the impact of un-democratically without representation. thority and the expense of taxes for a raised taxes continues this upward I am not criticizing Federal judges. moment. fashion. Our judges are honorable people. But a The Constitution is the document Well, in school district 205—this Fed- judge works within the parameters of that grants the authority to Congress, eral judge’s order is tearing the com- the laws available to him or her. The the executive branch, and the judici- munity apart. People are fleeing the purpose of my legislation is to make it ary. Nowhere within that document community because they don’t have very difficult for a Federal judge, who does it say that anyone at the Federal the money to pay for the extra ex- is an unelected official, to raise taxes, level of government other than Con- penses. I say again—the situation in and therefore press him or her to work gress can institute a tax increase, pe- Rockford, IL, is dividing the devastat- within the budgetary constraints of the riod. That’s what it says, that’s what it ing the city. State or local government. should mean. But, a Federal judge, practically any- Even Bill Clinton stated in his ac- Any lasting result that could come where across the Nation, still will con- ceptance speech at the 1992 Democratic out of a judge’s remedy decision must tinue such tax mandates from on high. National Convention, ‘‘governments do come from the community and must The people who are affected still will not raise children—parents do.’’ have the people behind it. There has have to pony up expenses, whether If we are to take this seriously, that been no success in cases where judicial they be to pay for the judicially im- government cannot buy love and equal- mandates alone act as the remedy. As posed taxes, or to fight the imposition ity for children any more than money I mentioned before, there are many in court—which again takes money. can buy happiness for adults, we must people who are willing to make a posi- Judicial taxation is not, however, remember the forgotten American. tive contribution to solving these prob- limited to school districts. Federal We are currently entering into a de- lems. By relieving the State and local judges have ordered tax increases to bate on reforming the Federal Tax governments of the burden of judicial build public housing and expand jails. Code. We will be studying the impact of taxation, the people of a State, city, or Any State or local government is sub- Federal tax policy on personal savings school district will be able to step for- ject to such rulings from the Federal and spending, the impact on State and ward and be part of a solution that is courts. local governments, as well as the over- best for the community. Now, are we seeing a pattern here? all effect on the economy. Let me be explicitly clear that I am Does it really take more money to re- One additional area that Congress not talking about whatever remedies solve a problem? needs to address is the impact judicial are made by the court. I am talking The Federal Government needs more mandates and taxes on State and local about how to pay for whatever remedy money; so, it raises taxes. We’ve seen it governments. Actions by Federal results from any decision. That is done, several times over the past 20 judges that directly or indirectly force where Congress can have input into years. Yes, we’ve seen in both Demo- a State or local government to raise this area. I take no position on what crat and Republican administrations. taxes have had serious impacts on our remedial actions may be enacted—that We have seen it twice in the 1990’s. Nation’s economy. In many cases, rem- is a matter of the elected officials on Most recently, we had the largest tax edy decisions have forced State and the State and local level, but I am con- increase in the history of this Nation— local governments to increase taxes, strained to take a position on how the $268 billion Clinton tax increase— putting more pressure on take home those remedies are funded. This be- to pay down the deficit and bring down pay or affecting property values. comes a Federal function because this the debt. Guess what, spending has Everywhere you look, someone is is a Federal judge applying Federal and continued to rise. The debt has contin- getting taxes for this or that reason. A constitutional law. ued to increase to over $5.1 trillion. nickel here, a nickel there, doesn’t Congress must act on tax reform in That is a lot of money. seem like much. Now, multiply that all areas. The power of unchecked tax- Remember that State governments out, over the long term. Before long, it ation is a very serious threat to our still must operate. That costs money. adds up to $50 here, $50 there. Not system of government, it is a threat to Local governments need money to op- much, some say. Guess what? It is a lot the average American who is trying to erate. of money. make ends meet. Now, in addition to all of that, we The forgotten American pays every Government—every single one of us— have a situation in which a Federal single day—the one who gets up at the cannot continue to stand idly by and judge orders a community to pay more crack of dawn. Members here in Con- watch the tax dollars be raised and for something that is not necessarily gress have the task to check the spend- spent unchecked. We have an obliga- their fault. Whether it be for a new ing. tion, as the guardians of the Federal jail—because of overcrowding, or to I have introduced legislation which purse, to make sure that the money of build a new school—because the ones places very strict limitations on the the forgotten American is spent wisely. that were closed down were not good power of a Federal court to increase Because we must remember how hard enough. Remedies are necessary, but taxes for purposes of carrying out a ju- the average American, the forgotten we must always examine the costs. dicial order. American has to work in order to pay H10516 CONGRESSIONAL RECORD — HOUSE September 17, 1996 for the bed where he or she sleeps, pay and teens about attitudes toward But is the next generation being for the food and coffee they eat and drugs. Sponsored by Columbia Univer- given the direction it desperately drink for breakfast, pay for the food sity’s Center on Addiction and Sub- needs? When I look at the Columbia that they pack for their kids’ lunches, stance Abuse, it found that: University study, it makes me wonder. pay for the gas to power the car that Two-thirds of baby-boomer parents Joseph Califano, president of the Na- they must buy, and go to work and who experimented with marijuana as tional Center on Addiction and Sub- come home to the house that must be teenagers expect their own children stance Abuse at Columbia University paid for. This is the forgotten Amer- will do the same; and a former secretary to the U.S. De- ican who pays, not only for the bills in Overall, that 46 percent of the par- partment of Health, Education and everyday life, but for the tax bills that ents surveyed said they expect their Welfare states: run the American Government. It is for children to try illegal drugs; That the baby boomers appear to be so am- these people that we, ourselves, must Forty-nine percent—almost half—of bivalent and so resigned to drug use by kids work hard to make sure that each and parents surveyed knew someone who is very disturbing. They should be mad as every tax dollar is raised and spent cor- uses illegal drugs today; and hell. Instead, they’re saying there’s nothing we can do about it. rectly and wisely. One-third of parents have friends who The time for reform is now. currently use marijuana. These are In the past, Mr. Califano astutely re- marked: THE DRUG ISSUE—IT’S EVERYONE’S friends of the parents. Drugs are not dangerous because they are RESPONSIBILITY These studies reveal a common illegal; they are illegal because they are dan- Madam Speaker, this evening I also theme: that drug use is on the increase and there seems to be a growing apathy gerous. Not all children who use illegal drugs want to discuss one of the biggest prob- will become addicts, but all children, par- lems facing this nation: illegal drug about its misuse. The message that ticularly the poorest, are vulnerable to abuse use. drug use is bad for society is somehow and addiction. Russian roulette is not a Statistics show that illicit use is ris- getting lost. game anyone should play. Legalizing drugs is ing at an alarming rate. Drug use It is not just the numbers; it is the not only playing Russian roulette with our among our nation’s children has more simple fact that people feel that there children. It’s slipping a couple of extra bul- lets in the chamber. than doubled in the past four years—a is a need to experiment and use drugs, staggering rate of increase. and that it is somehow expected. In He makes a good, solid point. People The scourge of illicit drugs is ramp- areas around the country, it seems to should care about drugs, drug abuse ant in our society. How do we know have become almost a right of passage and society’s attitudes about it. Con- this? Well, we read it in our local news- for our adolescents into adulthood. gress, most of all, should never discuss papers everyday; we hear about it on Is this the message we want to send? legalization of drugs. We should be dis- the daily radio and television talk Of course not. Drug abuse reaps deadly cussing how to keep people from using shows; we see it on our nightly news consequences. Almost three-quarters of drugs at all. I want to discuss how one member of programs. all crime is somehow drug related. this body thought he could make a dif- Some may say that this saturation Drug abuse sets the stage for death by ference. He is Representative ROB reporting is desensitizing the general overdose and suicide. There are scores PORTMAN. Mr. PORTMAN saw a problem public to the problems that drug abuse of accidents caused by drug use. Make and decided he wanted to address it is causing in America’s communities, no mistake about it: drugs have an im- head on. When he found that it worked, homes and schools, and with our chil- pact on each and every member of our he decided to share this information dren—our future. society, and we must do something with other members of Congress. It is I’ve heard a lot of rhetoric from both about it. And I don’t mean we, as Con- something that is based in common- political parties about drug abuse. gress. No the we I am talking about is sense, indeed. It is the Community However, this is not a partisan issue. everyone in our country. The issue of drugs is not, and should Anti-Drug Coalition. Drug abuse knows no political ideol- This coalition is an attempt by par- ogy. not be, about election year politicking. It is and must be about attempting to ticipating members of Congress to mo- Let’s take a look at some of those bilize the local communities in con- alarming statistics from some recent deal with this scourge, this blight on our nation. Who’s to blame? That is junction with local law enforcement; studies. On August 1, 1996 the U.S. De- schools; parent/teacher associations; the political question. What to do? partment of Health and Human Serv- community clubs—such as the Lions That is the real question. Let’s not ices reported: and Rotary Clubs; the media—tele- talk about blame; let’s talk about what Drug use among teenagers has sky- vision, newspaper and radio; churches; to do. rocketed—from 1992 to 1995, and overall state and local politicians; local, state, To answer that question we must drug use among those 12 years-old to 17 and national anti-drug and rehabili- begin by asking ourselves whether we years-old has gone up 78 percent; tations services to jointly arrive at a have done what we can to work against Marijuana use from the same period solution to end illegal drug use and this national disgrace. Drug abuse more than doubled at 105 percent; drug abuse. The effort is to get every- knows no race, no political persuasion, Use of the hallucinogenic drug LSD one involved in community-wide, and no economic class, no gender. It is ev- also more than doubled at a 103 percent by extension, a nation-wide anti-drug eryone’s problem because it affects ev- increase; and awareness project. It is a very exciting eryone. Cocaine use increased a staggering opportunity for members of Congress That is why everyone must do his or 166 percent for that time frame. to utilize their public offices as a soap her part to work for a lasting solution. Another study—this one from Luntz box and encourage all members of their It starts at home. The effort begins Research, shows that among teenagers communities to get involved in the up to the age of 17: with parents and guardians. The re- simple message that we all know to be 60 percent say they can buy mari- sponsibility continues with our true: Drugs are dangerous, drugs are juana within one day; schools—it takes constant reminders bad, people should not use drugs. 62 percent have friends who use mari- from our teachers and administrators I encourage everyone watching at juana; about the problems of drugs. The re- home and members here in the cham- 58 percent have been solicited to buy sponsibility is with our media and en- ber to get involved. This is a problem marijuana; and tertainment industry, and it continues that needs a comprehensive solution. 58 percent know someone who person- with our business leaders. Responsibil- The solution involves participation and ally uses hard drugs such as LSD, her- ity is with our elected officials—Re- action by all segments of the local oin or cocaine. publican, Democrat, and Independents. community and at all levels of govern- This is staggering as much as it is Our children need guidance and role ment. Let’s not wait any longer. tragic. models so that when they come of age There is a study that is particularly they can exercise individual respon- b 2200 disturbing. It is a survey, apparently sibility and make the right choices Lastly this evening I am going to be the first of its kind, that asked parents concerning drugs. joined by my colleague, Congressman September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10517

PETER HOEKSTRA of Michigan. I yield We are not talking about a new tax. I have Century Tool located in the to the distinguished gentleman from The fee or the—excuse me, the term district that I represent, and I am Michigan [Mr. HOEKSTRA]. that the Secretary uses is, U.S. Inte- going to talk to them tomorrow and Mr. HOEKSTRA. Madam Speaker, I rior Secretary Bruce Babbitt would put say: ‘‘Look at Secretary Babbitt, wants thank my colleague for yielding. It was a, not a tax—a surcharge on outdoor- to put a 5-percent surcharge because with some interest, as I was coming related equipment, and so it is not a people cook outside, that somehow out to Washington earlier today, that I tax. they’re to be penalized for that.’’ read in USA Today and went out and Later on now the AP goes on to take Camping utensils, canoes, canteens; took a look at what the Associated the liberty of describing a surcharge as 5-percent tax on canteens, climbing Press [AP] had to say about the similar a tax, but Mr. Babbitt has not called it equipment, compasses. article that was in USA Today. It is de- a tax. He is working with, teaming Secretary Babbitt needs to perhaps scribed by Bruce Babbitt, one of the with a wildlife group. And they also do have a compass to find his way out of members of the President’s administra- not use the term ‘‘surcharge’’ or ‘‘tax.’’ this tax hysteria, but he wants to have tion. He describes it as ‘‘It is a great They call it a ‘‘user fee.’’ This is what a 5-percent tax put on compasses, cook- win/win situation for everyone.’’ And I think is interesting. We will talk a ing bags, floatation vests, hiking boots, you take a look at it and say, now, little bit about the amount. We will kayaks. The whole ski industry would what would somebody in the Presi- talk about the amount. be subjected to now a new 5-percent dent’s administration be calling a win/ But listen what they say about a user tax: skis, poles, boots. win, a win/win for everybody. If it is a fee, which Mr. Babbitt calls a sur- Sleeping bags. My kids have sleeping win/win for everyone, it is a win for charge, which the Associated Press bags; they never slept outside. They those of us in Washington, it is a win calls a tax, and which you and I would sleep on the floor of the family room. for the American people and whatever probably call a tax because what it Snow shoes, Tents. projects. means is that an American citizen is Every tent in America would be sub- And when you get beyond the win/ taking some money and sending it to jected to a new 5-percent Babbitt tax, win, what you find is that it is, quoted government, and that is typically a Babbitt-Clinton tax. And canoe pad- in one of the Washington papers, Bab- tax. dles, or prepacked camp foods. bitt proposes a new tax. But they go on to say, make sure That is interesting. Mr. HOEKSTRA. If the gentleman You were talking earlier in your spe- that the user fee must not act as a bar- would yield? cial order about taxes. We know how rier to a product’s sale. The user fee Mr. MANZULLO. Yes. much the American people are taxed. must not act as a barrier to a product’s Mr. HOEKSTRA. I mean you are get- And it appears that for Mr. Babbitt and sale. So obviously, again, this is a case ting to the fun parts now. I mean we for the President, perhaps that number of companies and small businesses, be- think about it, the list that you have is not high enough yet, that when 38 cause we will go through the list, these just gone through. Backpacks? The ma- cents of every dollar that the American things are sold by small businesses. jority of backpacks in this country— family earns goes to pay taxes at the These small business people in America Mr. MANZULLO. Is for school. local, the State or the Federal level, just must be making excess obscene Mr. HOEKSTRA. Go to schools. It is maybe that is not quite enough; that products. the kids. when the average American family I know that the distinguished chair- I have got three kids, 14, 11 and 8. works until May 7 of every year to pay woman in the Speaker’s chair this They all go to school every morning that 38 cents or to pay their share of evening is chairing the Small Business with backpacks. Those now next year, State and local and Federal taxes, Mr. Administration and cannot participate when we go out and buy them with a Babbitt and the President still do not in this dialog. But I am sure if she had Clinton, new Clinton-Babbitt tax, those believe that that is enough. When they the liberty to participate in this dia- backpacks will cost 5 percent more. figure out that the cost of government, log, the meetings and the hearings that But you forgot a couple of interest- when you not only take the cost of we have had with her, she would clear- ing things in there because obviously it taxes that we directly pay, but you add ly indicate that small businesses are is clear that Mr. Babbitt believes that in the indirect cost of government and under tremendous pressure and that government is not taking enough the rules and regulations and that we any attempt to go back to small busi- money, and otherwise he would not be work, that the average family works nesses or the American people probably proposing it. But remember this is a until July 3 to pay those additional would be hindrance to the sale of a new big number. This is a 5-percent tax. In costs, we find out now what Independ- product. Michigan our sales tax is 6 percent. ence Day means. It has a whole new b 2215 You now tack on a 5-percent on top of meaning. that so he obviously believes govern- It no longer means independence This is naive people in Washington ment is not big enough and is not from the tyranny of taxation with no saying we can charge people more, but spending too much and he wants a lit- representation, but in today’s world, it of course it will not be a barrier to sale tle bit more money. But he also be- means that on July 4 is the first day of more product. I gladly yield. lieves that the IRS is not big enough that the average American keeps what Mr. MANZULLO. You know, what is because we are going to have to come they earn on that day and they do not interesting is what is going to be up with rules and regulations to imple- send it to one form of government or taxed. I mean film. ment this. We are going to tax certain another or are not paying for the cost Mr. HOEKSTRA. Gentleman give an camping utensils, but only those that of regulations. example? are connected or folding. So, if it does Mr. MANZULLO. Madam Speaker, Mr. MANZULLO. Film. Secretary not connect or snap together or fold, what happens during the month of July Babbitt wants to put a 2 to 3-percent you do not pay the tax. and August is that the average Amer- national sales tax on cameras, film, Mr. MANZULLO. So if a Swiss army ican decides to go on vacation. lenses and, look at this, an outdoor knife has a spoon on it or a fork, that Mr. HOEKSTRA. Madam Speaker, sleeping mat. would be taxed, but a smaller Swiss what in the world does vacation have Now there is no tax on a mattress in- army knife would not be taxed. to do with new taxes? side the house, no national tax, but if Mr. HOEKSTRA. If it only had Mr. MANZULLO. Well, Secretary you sleep outside, he wants to have a 5- knives, and if it had just the blades Babbitt has found a way to tax the percent outdoor recreation equipment. with no forks—— accoutrements of vacation. We just bought my son a mountain Mr. MANZULLO. Screwdrivers and Mr. HOEKSTRA. What is that? bike. We do not live in the mountains, things like that. Mr. MANZULLO. Things that you use but we bought him a mountain bike, Mr. HOEKSTRA. I do not know, but on vacation. and he wants to put a 5-percent tax on we would have a bureaucrat at the IRS Mr. HOEKSTRA. Madam Speaker, I mountain bikes. who would make that call. believe that we ought to be fair to Mr. Look at the list of things he wants to Mr. MANZULLO. And what about Babbitt, and I have misspoken myself. tax: backpacks, camping stoves. talking about—— H10518 CONGRESSIONAL RECORD — HOUSE September 17, 1996 Mr. HOEKSTRA. Do not go to the Mr. MANZULLO. And would the gen- and we have the Roger Torrey Peterson calls yet, but take a look at another tleman comment on whether or not the bird guides, the tremendous bird one, the floatation vests. new Clinton tax would impact birds guides, the books that you buy so you Mr. MANZULLO. Floatation vests? that decided to be hygienic and take a can examine and identify the birds in Mr. HOEKSTRA. Floatation vests. bath? your backyard, and those audio tapes Select, and for those—you know, this Mr. HOEKSTRA. Yes, we cover that, of wildlife calls, you know, the owl is, I am glad that they have already or excuse me, the Clinton-Babbitt tax tapes, you know what I mean. We play got the bureaucrats involved because covers that because we do have a tax those at night, and the owls, you can for most people, floatation vests are here on wild birdbaths. see the owls fluttering around, and we just kind of like life preservers. But are Mr. MANZULLO. Wild birdbaths. take the flashlight, teach the kids we going to tax all floatation vests, or Mr. HOEKSTRA. Wild birdbaths, and about nature. are we going to go to the IRS and come we also have a tax on wild bird houses, My wife is a biologist and loves to up with a set of rules and regulations bat houses, squirrel houses and houses teach the kids about the environment. that say these vests are taxed, taxed as constructed for use by other wildlife, All that will be subject to another 5 5 percent, and these are not? We are nest platforms for wild birds. percent tax, talk about an additional only going to tax selected classes of Mr. MANZULLO. And You know tax on educational materials. life preservers, but of course we are not what is amazing about this is that Mr. Mr. HOEKSTRA. If the gentleman going to tax standard lifeboat vests. Babbitt, claiming to be a conservation- will yield, it goes on. We have talked You know, there is stuff on here. You ist, would want to try to do everything about outdoor recreation equipment, outline the skis, polls, boots. That in- possible to encourage the wisest use backyard wildlife products, books and cludes cross-country and downhill. possible of our natural resources and to videos. You talked about the bin- Make sure we do not forget encourage people to feed the wild birds oculars or may be we have not covered snowboards; they are now on the list. I in the backyard, and instead he wants that yet; binoculars, hand lenses, spot- do not know what a stuff sack is, but to impose another tax. ting scopes, tripods, window mounts. they are going to be taxed. Mr. HOEKSTRA. I beg to take excep- Sorry. Those all now also have a 5-per- Now let us go on. So we have cov- tion because I take Mr. Babbitt at his cent tax. ered—if you are going to have any fun word. He does believe that he is doing This now goes on, talks about rec- outside, you know you can figure you the best for wildlife because what he is reational vehicles, RVs. Now the tax are going to pay 5 percent, and it is not doing is he is saying: ‘‘You as Amer- rate is much lower on this. on this list, but I bet it soon will be: ican citizens don’t know what to do for Mr. MANZULLO. Starting lower. rollerblades will be on there. I cannot wildlife or the birds in your backyard. Mr. HOEKSTRA. What is that? imagine not having rollerblades. Send me the tax because when I collect Mr. MANZULLO. Starting lower. Mr. MANZULLO. Well if you have the money, States would then apply for Mr. HOEKSTRA. But we all know skis, you have to have rollerblades as a the money to fund specific projects and once a tax is in place, we do not raise matter of equity—— would be required to match 25 percent it. Well, maybe that is not right. Usu- Mr. HOEKSTRA. Otherwise it would of the Federal grants.’’ ally when we have a tax in place it pro- be discrimination. So this is not about protecting or vides a floor from which to raise it, but Mr. MANZULLO. Right. preserving the environment; it is just you go out and buy an RV, or you go Mr. HOEKSTRA. But then going on about how we do it. You pay the tax, out and buy a sport utility vehicle— to the category that you were talking you send the money to Washington so you know, a camper, a motor home a about: cause. For those of you that that the bureaucrats here in Washing- travel trailer or any of this. We are have bird feeders in your backyard you ton can figure out what projects are now talking about a quarter to a half a will now know that we are going to best to do, and you know you cannot do percent tax on these items. have the Clinton-Babbitt backyard and that at the State level. We have got to You know we have been joking about wildlife products tax. this, about what the Clinton-Babbitt Mr. MANZULLO. At 5 percent. have people in the Interior Department Mr. HOEKSTRA. Five percent, the who are going to get this money from tax looks like, because I mean it is, it Backyard and Wildlife Products Act. the IRS, who will then review the is taking more money out of the sys- Five percent. And what are we going to grants, and this is, you know, goes tem, it is moving decision-making to tax here? We are going to tax wild bird- back—you are aware of the myth Washington. But this is a serious pro- seed and other wild animal feed except project that we have been working on, posal, and this is indicative of what seed that is packaged for pet feed. the myth that says only Washington this administration believes. They be- All right. So we are going to have can do things right. This is going to lieve Washington does not have enough somebody in Washington again describ- create a new department on not Inde- money, that the American people are ing, you know, what is pet feed and pendence Avenue, on Dependence Ave- not even intelligent enough to make what is wild animal feed. nue, because it is going to be once basic decisions about wildlife in these Mr. MANZULLO. Reclaiming my again bureaucrats making decisions. types of things, and they want more, time, would birdseed for robins and In this case they are taking your they want more rules and regulations, birds that are not considered to be money that you are going to buy bird- and they want to grow the IRS, and wild, would that be taxed? baths, birdhouses, bat houses, birdseed they want more of our money, and they Perhaps the tax would be based upon and this even goes on. You got a hum- are blatantly going out and talking the tax people would have to come to mingbird feeder in your backyard. about increasing taxes and not talking your backyard and determine which Mr. MUNZULLO. So what? about tax simplification. This is com- birds were eating the seed, then have a Mr. HOEKSTRA. You got to pay plicating the tax code, and it provides proportionate tax based upon that. taxes on the hummingbird feeder. If another avenue for Washington to suck Mr. HOEKSTRA. Yes, and I would you go to the grocery store and you a little bit more money out of our guess that if you took your seed that buy suet and you put it in this little pockets and feed it to the bureaucrats was packaged for pet feed and you ran mesh thing, I am sorry, that is now here in Washington. out of wild bird feed but you took your taxed. You have to pay. Mr. DE LA GARZA. Madam Speaker, seeds for pet feed and you used it out- Mr. MANZULLO. It is a tax on fat. if the gentleman will yield? side for a wild bird, you know, you Mr. HOEKSTRA. A tax on fat. Mr. MANZULLO. Yes. would be breaking the law. Mr. MANZULLO. And if the gen- Mr. DE LA GARZA. I thank the gen- Mr. MANZULLO. But what if your tleman will yield, then there is a spe- tleman, and I just wanted to take a pets are wild birds? cial tax, a 5-percent tax on books, vid- brief moment here, that Sunday I Mr. HOEKSTRA. Well, if it is a pet eos and audio. We have a CD-ROM that heard a speaker, and he mentioned an and it is wild, then it cannot be your we play on the back porch of our farm. item that I think would be very appro- pet. But I bet we would have a regula- We call R. Olsen. Occasionally an eagle priate here, although it is very enlight- tion on defining when a pet is a pet and will stop by on its way to the Mis- ening to hear the gentlemen discuss when it is wild it is not. sissippi River, or a great blue heron, this issue. But he mentioned about a September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10519 speaker who had a speech prepared, and would be appropriate. But it is an im- more, and you, at the family level, you everyone started leaving, and more portant lesson I think for the Amer- have it. You can afford to easily give people left, and more people left, and ican people to understand that this is us 5 percent, because if we ask you for more people left. Finally there was what the Clinton administration is 5 percent more, that will not be a bar- only one left. So he went and finished talking about. This is the direction rier to you being able to buy this prod- his speech, then went to thank the gen- they are going. uct. tleman for staying, and the gentleman Mr. MANZULLO. Reclaiming my Where have they been? And maybe it says: ‘‘The only reason I stayed is be- time, Madam Speaker, and we have at is time for the Clinton-Babbitt team to cause I’m the next speaker.’’ times tried to put a bit of levity into get outside of the beltway and talk to And I thought I would mention this Secretary Babbitt’s and President Clin- some real Americans, and find out how at this time. ton’s proposal to increase taxes on much 5 percent means to them. Mr. MANZULLO. Madam Speaker, I b 2230 things such as bicycles, mountain bicy- cles and outdoor sleeping mats. I think include for the RECORD this teaming Mr. HOEKSTRA. Madam Speaker, we it is a dark day in America when the with wildlife product list which shows thank the gentleman for staying. administration would come to the the proposed tax on the products. Mr. MANZULLO. We thank the gen- American people and say, because you The material referred to is as follows: tleman for staying. Does the gen- use the outdoors, we are going to tax TEAMING WITH WILDLIFE PRODUCT LIST tleman from Michigan have anything you. The following list is a draft of those prod- else to add? We are talking about a hidden 2 per- ucts being considered for a user fee. Before Mr. HOEKSTRA. We are going to cent to 3 percent tax on a camera, on this list is incorporated into the draft legis- hear a lot more about this issue and films. We are talking about kids that lation, we are asking companies, customers others like it. We on our side of the buy binoculars to look at birds and (users) and coalition members to provide feedback on this list, as well as other details aisle, we have pushed for family tax re- other animals in the fields, we will lief. We believe that Washington al- of the proposal. The products listed below have a 5 percent hidden tax. We are 1 ready collects enough of our money would have a graduated user fee of ⁄4%–5% of talking about a simple book that talks the manufacturer’s price. The user fee must and we do not want any more money in about nature. not act as a barrier to a product’s sale. Be- Washington. We want to return it back Is that not interesting? You can have side each category is a suggested level for to families. We want to return it back a book that describes how to rearrange the user fee. Feedback from companies and to small businesses, because we believe the inside of a house, that would not be consumers will help determine the final list the best engine for growth in this coun- subject to a tax, but a book that talks of products and the percent to apply to each. Outdoor Recreation Equipment (5%): try are small businesses and Americans about how to examine birds and wild- deciding the priorities for where they Backpacks, Camping stoves, Camping stove life and things outside—ostensibly even fuel, Camping tarps, Camping utensils (con- spend their money. plants—would be subject to a tax. nected/folding), Canoes, Canteens, Climbing This I believe is just the beginning of This is the forgotten America of equipment, Compasses, Cooking kits, Dry a whole new series of taxes that a Clin- whom I have spoken so many times in bags, Flotation vests (selected classes—not ton administration would love to put this Congress, the person who gets up standard life boat vests), Hiking boots, Hik- on the American people. You and I at the crack of dawn, packs the lunch. ing staves, Kayaks/spray skirts, Mountain were both here in 1993 when we in this Perhaps both spouses go to work; one bicycles, Outdoor sleeping mats, Skis/poles/ Congress, you and I both voted against of them is working solely for taxes. boots (cross-country, downhill, telemark), it, but when we in this Congress came Sleeping bags, Snowshoes, Tents, Paddles, They get the kids off to school, they Portable water purifiers, Prepacked camp forward and it passed the Clinton tax write the checks, and they ask them- foods, Scuba diving masks/snorkels/goggles/ increase, where again it became very selves in the morning, why is it that we flippers, Snowboards, Stuff sacks, Wet suits/ clear, government is not big enough, are working harder than ever in our en- Air tanks/Regulators/Spearguns, Whitewater we do not have enough money, we want tire lives and taking home less money? rafts. more. This is just what I believe is the The answer is very simple, because Backyard and Wildlife Products (5%): Wild first scheme to get more money from government at all levels is too big. bird seed and other wild animal feed (except seed packaged for pet feed); Wild animal and the American people. What is even more dangerous about I think it goes after it exactly the wild bird feeders such as hummingbird feed- this new proposed Babbitt-Clinton tax ers, suet feeders and other types of feeders; wrong way. It taxes the very things is the fact that Americans will be pay- Wild bird baths; Wild bird houses, bat that are important to families, that ing a tax and not even know it is a tax, houses, squirrel houses and houses con- are important to children. It hides the because the tax will be buried into the structed for use by other wildlife; Nest plat- tax, because it would be a tax at the cost of the manufacturer’s product. forms for wild birds. manufacturer’s level, not at the sales Mr. HOEKSTRA. If the gentleman Books, videos, Audio (5%): Field guides to tax level, so once again people will be will continue to yield, Madam Speaker, bird identification, nest identification, ani- paying taxes and they will not know mal tracks, mammals, fishes butterflies, in- think of the arrogance that is used to sects and other animal groups; ‘‘How-to’’ that it is actually going to the Federal describe this tax, the arrogance toward guides such as wildlife viewing guides, hik- Government. At the same time, it does the American taxpayer, because they ing and paddling guides, etc.; Audio tapes of it in such a way that much of the tax say the user fee must not act as a bar- wildlife calls; CD-Rom guides to wildlife and dollars that will be raised will be used rier to a product sale. its enjoyment. to fund bureaucrats here in Washing- Do these people never get outside of Binoc, Monoc and Spot Scopes (5%): Bin- ton. the beltway? Who thinks that the aver- oculars, Hand lenses, Monoculars, Spotting scopes, Tripods, Window mounts. The gentleman and I, we are talking age American family, the parents that Photographic Equipment and Supplies (2– about tax simplification, we are talk- pack their kids off to school in the 3%): Cameras, Film, Lenses, Lens filters, ing about going to a flat tax, we are morning, that they have an extra 5 per- Photo disc, Range finders (including those talking about going to a consumption cent to pay for backpacks, for com- designed for use with photographic cameras tax, or anything that takes the huge passes, for dry bags, sleeping bags, hik- and parts thereof). array of IRS tax booklets, so we could ing boots? No big deal, it is only 5 per- Recreational Vehicles (RV’s (1⁄4%–1⁄2%, no actually go fill our taxes out on a post- cent. They have that. more than $100): Campers/motor homes/trav- el trailers. card or whatever. All this represents is They talk about the pressure on the Sport Utility Vehicles (1⁄4% no more than a whole new series of taxes, com- family, and the financial pressure, but $100): plicated taxes describing what camping then it is kind of like where are they f utensils will and will not be taxed, coming from? Five percent, of course which flotation vest, which hiking they can; hey, they have 5 percent MEXICAN INDEPENDENCE DAY boots. It is absolutely the wrong way more to send to Washington. And they The SPEAKER pro tempore (Mrs. to go at this time, or almost at any do it on a whole range of things. MEYERS of Kansas). Under a previous time. It is an arrogant way of taking a order of the House, the gentleman from I cannot see any time where this look at the American family and say- Texas [Mr. DE LA GARZA] is recognized kind of a tax in this kind of a direction ing, we in Washington need 5 percent for 60 minutes. H10520 CONGRESSIONAL RECORD — HOUSE September 17, 1996

Mr. DE LA GARZA. Madam Speaker, I so we had probably the most powerful Well, double or triple culture does not take the time today to inform the nation in the world at that time, diminish an individual, it enhances the House and my colleagues that yester- Spain, with dominion over what we individual. It brings more knowledge, day, September 16, was Mexican Inde- now know as the Americas. it brings more activity related to their pendence Day. I spent the day visiting They were saying the same thing, individual ethnic beginnings. schools on the border area where I live and that is the interest that we insist In Texas, the center part of Texas that were celebrating on our side of the that our children and hopefully all of when Mexico wanted to colonize the Rio Grande River the Mexican inde- our people understand, that unity in northernmost part of their territory at pendence. I would like to relate to why thought and in deed by people of simi- the time, which stretched basically it impacts on our side, and a little bit lar character and similar interests, and from Texas to California, to Oregon, all of what we have in unison with the by accident, there were many what we call now the Southwest, they people of Mexico and the nation of similarities. There was a cry for inde- sent impresarios which they offered Mexico. pendence here; there was a cry for inde- land to go bring from Europe people to First, let me say that the odyssey pendence in Mexico. colonize, to come and live on the land. began some 500 years ago, when the A bell was rung in Philadelphia, the But one caveat was, don’t bring Span- first Spanish galleons traveled across Liberty Bell that all of us know. Thir- ish, don’t bring British, don’t bring the Atlantic under the sponsorship of a ty-some years later a bell was rung at French. Those were the three nations gracious queen of Spain, really search- a village named Dolores Hidalgo, which that coveted that area. So they went to ing for the Far East and the spices, and could be almost the echo of what we middle Europe and they brought Ger- all of the other things that they want- heard in Philadelphia, almost the echo man and Czech and Slovak and Polish, ed to bring back to Spain and to Eu- of the bell that rang at Dolores Hi- some Hungarians. Madam Speaker, rope, but a sailor named Christopher dalgo, shouting the same thing: Lib- those are the ethnic groups in my con- Columbus navigated his way and ended erty, just, freedom, equality. It has gressional district now in Texas that up in the islands of the Caribbean. been hard to achieve and it is not yet came when we were a part of Mexico. From then came further and further ultimately achieved, both in our coun- They settled in that area, and I have in immigration to the new lands, to the try or in Mexico, but that was the be- my district all of those ethnic groups, new world. ginning. speaking their language, their culture. Some of the first galleons that trav- George Washington was, in Mexico, Next week there is going to be a eled from Spain, and the Spanish and Father Miguel Hidalgo y Castilla. We Czech night near Corpus Christi. We the Portuguese navigated the world had a Betsy Ross that is credited for have the German festivals, we have the over, all the seas of the world, and then weaving the first flag of our country. Polish festivals. This is part of what Great Britain and all of the other na- Mexico had a lady, Dona Josefa Ortiz the United States is. This is a mosaic vies of the European nations, those de Dominguez, that was a part of the of what we are and who we are. That is that had navies, but this was the begin- independence movement, and actually why the interest in the Mexican inde- ning of colonizing, the beginning of warned the Mexican insurgents or the pendence. Because if they had been no bringing people. Mexican freedom-loving leaders of that Mexican independence, we may not Records show that the Spaniards effort that the Spaniards were coming have at this time what we now know as came to Hudson Bay, to the northeast to catch them and imprison them. the United States of America. part of the United States, throughout Those are the things that we recol- Also in an unfortunate incident of the Atlantic, through the Gulf, but the lect at this time, because they almost history, two-thirds of Mexico became eventual landings in which we are in- copy our Constitution, and the Jeffer- part of the United States. Texas, New terested tonight came into what is now son and the Franklins, Mexico had Mexico, Arizona, California, Oregon, Mexico, basically Mexico and the Gulf their counterparts. Morelos was a fore- Utah, Colorado, almost all of that area parts of the United States. Although most Parliamentarian in Mexico, and which was Mexico became part of the others went to what is now Peru, Chile, they have had harsh times because of United States. And now we proudly Argentina, they began settlement internal problems, military. proclaim and pledge allegiance to our throughout all of the Americas. But this is something that we ought flag. But yet we have respect for whom The relation to us, and this is of in- to realize and consider in our dealings our ancestors were, what they did, and terest, is that in 1776, the process for with Mexico, that we were dominated where they came from. And so we have independence began in what is now our by the British, and I say we, those that this dual, that when we celebrate Mexi- Nation, the United States of America, lived here at that time. can independence day, many of our families, my family, were part of that by mostly immigrants from Great Brit- b ain, some German and other Euro- 2245 effort and became independent from peans, but basically from Britain who My part of Texas was not a part of Spain, as our brethren from the north- had taken dominion over the lands the endeavor of 1776 because we were a east became independent from Great that we now know as the northeast part of New Spain. Then when those Britain. And now we are what we are, part of the United States, and a few great Mexicans, of which my family incidents of history but nonetheless re- States of the South. All of us know the was one, although we lived far away ality in the world we live in. And be- interest and it was mentioned in ear- from the area up where the events oc- cause of that, we are the most powerful lier debate about taxation without rep- curred, it was nonetheless part of New Nation in the world, in the history of resentation. Spain, and later it became part of Mex- the world. Eventually there was that yearning ico when Mexico secured its independ- Also this morning, Madam Speaker, I for independence which all individuals ence from Spain. And then when Texas was able to participate in a Hispanic have inherently, so began the quest for secured its independence from Mexico month celebration at the Department independence, and the independence in 1836, we became Texas. And then of Agriculture. As unmerited as it may that was declared independent; or we, when Texas joined the Union, we be- have been, they honored me with a those who represented our country at came citizens of the United States of plaque being chairman of the Commit- that time, their desire for independ- America for which we are proud and we tee on Agriculture. But this is some- ence led to the Declaration of Inde- have served. You can count the Purple thing that most of our colleagues need pendence on July 4, 1776. Hearts, you can count the Medals of to know, and the people need to know, Mexico came some 33 years later, in Honor, you can count those who served. that when the Spaniards came to the 1836. That was what began the process, I served twice, Navy and Army. My new world, they brought what was the on September 16, 1810. So what I want- mother’s youngest brother died in the beginning of American agriculture, the ed to bring out to the attention of our service of our country. We have his greatest agricultural nation in the Members is that people of similar in- Purple Heart. So those are the things world. But they brought the seeds for terests and similar desires that lived in that unify us. I wanted to say to some wheat, the vines for the grapes. They Mexico and were the leaders of Mexico of our colleagues that might have some brought many of the European agricul- wanted their independence from Spain, concern that we have a double culture. tural products. But here was corn and September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10521 cocoa and some argument about to- the Mexican army in Goliad, TX. Ms. JACKSON-LEE of Texas, for 5 min- bacco but I insist that tobacco was Goliad later played a part in the Texas utes, today. here. Potatoes. Throughout the Ameri- effort for independence against Mexico. (The following Members (at the re- cas, we wove together what the Euro- But I wanted to congratulate, if for no quest of Ms. GREENE of Utah) to revise peans brought with what we already one else but myself as a Member of this and extend their remarks and include had here. And in many parts of this House, the people of Mexico and the extraneous material:) Western Hemisphere, the Indians, we Government of Mexico. Mr. BURTON of Indiana, for 5 minutes call them that, the Aztecs in Mexico, One word that I would like to leave, September 20. they had irrigation systems, they had and it is quoted quite often, that Presi- Mr. BILIRAKIS, for 5 minutes each day aqueducts. At the same time they had dent Benito Juarez said that ‘‘among on September 17, 18, 19, and 20. aqueducts in Spain and all the areas of men, as among nations, respect for the Mr. DREIER, for 5 minutes, today. Europe. The basic American water law rights of others is peace.’’ And that we Ms. GREENE of Utah, for 5 minutes, comes from Spain. But the natives in honor on the Fifth of May. today. this hemisphere, the Aztecs, performed And then another great President of Mr. MICA, for 5 minutes on Septem- surgery. They had zoological gardens Mexico and my good and dear friend, ber 17 and 18. grander than any that you see now President Gustavo Diaz Ordaz, said Mr. HUNTER, for 5 minutes, today. throughout our country. They had pyr- right here from this rostrum when he Mr. KINGSTON, for 5 minutes, today. amids grander than those on the River delivered an address to a joint session f Nile. And in Guatemala and in the Yu- of Congress that, and I quote, ‘‘Geog- EXTENSION OF REMARKS catan and in Peru, the Incas, we had a raphy has made us neighbors, history civilization equal at least to that that has made use friends.’’ He said that By unanimous consent, permission to came from Europe. This is part of our right from here, Madam Speaker. And revise and extend remarks was granted history, part of our culture. that is what we celebrate when we cele- to: That is what I wanted to tell my col- brate. You cannot separate the United (The following Members (at the re- leagues, that when we celebrate Mexi- States of America, as we know it quest of Mr. GONZALEZ) and to include can independence day, we are celebrat- today, from the Mexican people, from extraneous material:) ing part of what has been an impact on the Mexican culture because, as Presi- Mr. STOKES. what is now the United States of Amer- dent Diaz Ordaz said, ‘‘Geography has Mr. BENTSEN. ica, including territory. Because this made us neighbors, history has made Mr. SKELTON. was the way to the Pacific that be- us friends.’’ That is irrevocable, that is Mr. DEUTSCH. longed to Mexico at that time, in 1848, inseparable. Ms. DELAURO. the Treaty of Dolores Hidalgo that was And so I join with all of those that Mr. LEVIN. transferred to the then fledgling Unit- celebrated yesterday throughout the Ms. WOOLSEY. ed States of America. So you cannot United States Mexican independence Mr. BARRETT of Wisconsin. separate the issue. I as an individual with this explanation, if I might call it, Mr. DELLUMS. cannot separate or bring myself to sep- of why we do that, why we are proud, Mr. REED. arate myself from the culture, from the and what we have done in order to fos- Mr. UNDERWOOD. ethnic derivatives. I serve this Nation, ter and enhance the United States of Mr. STARK. this country, that flag. But yet some of America which for those of use that are Mr. NADLER. my ancestors served the other country citizens is indeed something that we Mrs. MEEK of Florida. and that flag, and forever I will have feel that an accident of history made Mr. POSHARD. respect for both, but loyalty to this me a citizen of the United States of Mr. PALLONE. one. So that is something I wanted to America but one that I am terribly Mr. JACOBS. make clear. For those who may have proud, but I will always have a love, (The following Members (at the re- some confusion, for those that may admiration and respect for the Mexican quest of Ms. GREENE of Utah) and to in- ask, well, why would we celebrate people because at one time we were clude extraneous material:) Mexican independence? part and a great part of our country Mr. BARRETT of Nebraska. Mexico has had a very harsh history, was part of their country. That is ir- Mr. FIELDS of Texas. occupied by Spaniards first, occupied revocable, but also you cannot separate Mr. TALENT in three instances. by the French. President Benito Juarez it from your feelings and from the in- Mr. DIAZ-BALART. began the process of ridding Mexico of terests that you have when neighbors Mr. FRANKS of New Jersey in two in- the French occupation. The Austrian honor and respect neighbors. stances. emperor opposed an emperor of Mexico f Mr. BASS. named Maximilian and they did not Mr. RADANOVICH. have the ability to resist but eventu- LEAVE OF ABSENCE Mr. BEREUTER in two instances. ally a humble Indian named Benito By unanimous consent, leave of ab- Mrs. MORELLA. Jurarez led an effort to rid Mexico of sence was granted to: Mr. BILIRAKIS. the imposition of foreign rule. And we Mr. GANSKE (at the request of Mr. Mr. SCHIFF. celebrate the Fifth of May, which is ARMEY), for today and the balance of Mr. MARTINI in two instances. the culminating battle, not the end, of the week, on account of illness. Mr. HUTCHINSON. getting the French out of Mexico. That Ms. EDDIE BERNICE JOHNSON of Texas Mr. DORNAN. is celebrated on the border and through (at the request of Mr. GEPHARDT), on Mr. BURR. many parts of the United States where Tuesday, September 17, on account of (The following Members (at the re- there are Mexicans or of Mexican de- being unavoidably detained. quest of Mr. DE LA GARZA and to in- scent, because this was what rid all of Mr. HEINEMAN (at the request of Mr. clude extraneous material:) the new world of foreign powers. The ARMEY), for today and the balance of Mr. CLINGER. French were the last to occupy Mexico the week, on account of illness. Mr. DUNCAN. and after that, there has been basically f Mr. CHRYSLER. no formal occupation of any of the Mr. GOODLATTE. SPECIAL ORDERS GRANTED lands of North and South America. We Mr. ENGLISH of Pennsylvania. celebrate that with great joy, we do in By unanimous consent, permission to Mr. EVERETT. Texas because the general that led the address the House, following the legis- Ms. KAPTUR. Mexican troops had been born in Texas, lative program and any special orders Mr. LEWIS of Georgia. when Texas was a part of Mexico. So heretofore entered, was granted to: f we take great pride in that. That gen- (The following Member (at her own eral was born in what is now my con- request) to revise and extend her re- ADJOURNMENT gressional district, in Goliad, TX, when marks and include extraneous mate- Mr. DE LA GARZA. Madam Speaker, I his father was head of the garrison for rial:) move that the House do now adjourn. H10522 CONGRESSIONAL RECORD — HOUSE September 17, 1996 The motion was agreed to; accord- Dry Cleaning Facilities; Amendments (RIN: the Department’s final rule—Drawbridge Op- ingly (at 11 o’clock p.m.), the House ad- 2060–AF90) received September 17, 1996, pur- eration Regulation; Lower Grand River, Lou- journed until tomorrow, Wednesday, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- isiana (U.S. Coast Guard) [CGD08–96–003] tee on Commerce. (RIN: 2115–AE47) received September 16, 1996, September 18, 1996, at 10 a.m. 5159. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f Regulatory Management and Information, mittee on Transportation and Infrastruc- EXECUTIVE COMMUNICATIONS, Environmental Protection Agency, transmit- ture. ting the Agency’s final rule—Pyridaben; Pes- 5170. A letter from the General Counsel, ETC. ticide Tolerances for Emergency Exemptions Department of Transportation, transmitting Under clause 2 of rule XXIV, execu- (RIN: 2070–AB78) received September 17, 1996, the Department’s final rule—Federal Motor tive communications were taken from pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Vehicle Safety Standards; Stability and Con- the Speaker’s table and referred as fol- mittee on Commerce. trol of Medium and Heavy Vehicles During 5160. A letter from the Managing Director, Braking (National Highway Traffic Safety lows: Federal Communications Commission, trans- Administration) [Docket No. 92029; Notice 11] 5152. A communication from the President mitting the Commission’s final rule—Imple- (RIN: 2127–AG06) received September 16, 1996, of the United States, transmitting his re- mentation of the Telecommunications Act of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quest to make available appropriations to- 1996: Reform of Filing Requirements and Car- mittee on Transportation and Infrastruc- taling $300,000,000 in budget authority to the rier Classifications and Anchorage Tele- ture. Department of Agriculture, $100,000,000 in phone Utility, Petition for Withdrawal of 5171. A letter from the General Counsel, budget authority to the Department of the Cost Allocation Manual [CC Docket No. 96– Department of Transportation, transmitting Interior, a $100,000,000 supplemental request 193] (AAD 95–91) received September 16, 1996, the Department’s final rule—Airspace Des- for Veterans Compensation and Pensions, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ignations; Incorporation By Reference (Fed- and making available appropriations total- mittee on Commerce. eral Aviation Administration) [Docket No. ing $50,000,000 in budget authority to the De- 5161. A letter from the Director, Office of 28674; Amendment No. 71–28] received Sep- partment of Housing and Urban Development Congressional Affairs, Nuclear Regulatory tember 16, 1996, pursuant to 5 U.S.C. and to designate the amounts made available Commission, transmitting the Commission’s 801(a)(1)(A); to the Committee on Transpor- as an emergency requirement pursuant to final rule—Human-System Interface Design tation and Infrastructure. section 251(b)(2)(D)(i) of the Balanced Budget Review Guideline [NUREG—0700, Rev. 1] re- 5172. A letter from the General Counsel, and Emergency Deficit Control Act of 1985, ceived September 12, 1996, pursuant to 5 Department of Transportation, transmitting as amended, pursuant to 31 U.S.C. 1107 (H. U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Standard In- Doc. No. 104–264); to the Committee on Ap- Commerce. strument Approach Procedures; Miscellane- propriations and ordered to be printed. 5162. A letter from the Assistant Secretary ous Amendments (Federal Aviation Adminis- 5153. A communication from the President for Legislative Affairs, Department of State, tration) [Docket No. 28675 ; Amdt. No. 1751] of the United States, transmitting his re- transmitting notification of a proposed li- (RIN: 2120–AA65) received September 16, 1996, quests for fiscal year 1996 supplemental ap- cense for the export of defense articles or de- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- propriations and fiscal year 1997 budget fense services sold commercially to Taiwan mittee on Transportation and Infrastruc- amendments totaling $1,097 million for pro- (Transmittal No. DTC–53–96), pursuant to 22 ture. grams that are designed to strengthen our U.S.C. 2776(c); to the Committee on Inter- 5173. A letter from the General Counsel, anti-terrorism, counter-terrorism, and secu- national Relations. Department of Transportation, transmitting rity efforts in this country and abroad and to 5163. A letter from the Assistant Secretary the Department’s final rule—Establishement designate the amounts made available as an for Legislative Affairs, Department of State, of Class E Airspace; Miller, SD (Federal emergency requirement pursuant to section transmitting notification of a proposed li- Aviation Administration) [Airspace Docket 251(b)(2)(D)(i) of the Balanced Budget and cense for the export of defense articles or de- No. 96–AGL–11] received September 16, 1996, Emergency Deficit Control Act of 1985, as fense services sold commercially to Algeria pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- amended, pursuant to 31 U.S.C. 1107 (H. Doc. (Transmittal No. DTC–47–96), pursuant to 22 mittee on Transportation and Infrastruc- U.S.C. 2776(c); to the Committee on Inter- No. 104–263); to the Committee on Appropria- ture. national Relations. 5174. A letter from the General Counsel, tions and ordered to be printed. 5164. A letter from the Assistant Secretary 5154. A letter from the Assistant to the Department of Transportation, transmitting for Legislative Affairs, Department of State, Board, Board of Governors of the Federal Re- the Department’s final rule—Airworthiness transmitting notification of a proposed li- Directives; Boeing Model 767 Series Air- serve System, transmitting the Board’s final cense for the export of defense articles or de- planes (Federal Aviation Administration) rule—Amendment to Revenue Limit on fense services sold commercially to France [Docket No. 96–NM–216–AD; Amendment 39– Bank-Ineligible Activities of Subsidiaries of (Transmittal No. DTC–61–96), pursuant to 22 9757; AD 96–19–10] (RIN: 2120–AA64) received Bank Hold Companies Engaged in Underwrit- U.S.C. 2776(c); to the Committee on Inter- September 16, 1996, pursuant to 5 U.S.C. ing and Dealing in Securities [Docket No. R– national Relations. 801(a)(1)(A); to the Committee on transpor- 0932] received September 17, 1996, pursuant to 5165. A letter from the Deputy Director, Of- tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on fice of Personnel Management, transmitting 5175. A letter from the General Counsel, Banking and Financial Services. the Office’s final rule—Prevailing Rate Sys- Department of Transportation, transmitting 5155. A letter from the President and tems; Abolishment of Norfolk, MA, Non- the Department’s final rule—Airworthness Chairman, Export-Import Bank of the United appropriated Fund Wage Area (RIN: 3206– Directives; Gates Learjet Model 35 and 36 Se- States, transmitting a report involving Unit- AH58) received September 17, 1996, pursuant ries Airplanes Modified by Raisbeck Supple- ed States exports to Australia, pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on mental Type Certificate (STC) SA766NW 12 U.S.C. 635(b)(3)(i); to the Committee on Government Reform and Oversight. (Federal Aviation Administration) [Docket Banking and Financial Services. 5166. A letter from the Chairman, Securi- No. 96–NM–63–AD] (RIN: 2120–AA64) received 5156. A letter from the General Counsel, ties and Exchange Commission, transmitting September 16, 1996, pursuant to 5 U.S.C. Department of Transportation, transmitting a copy of the annual report in compliance 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Federal Motor with the Government in the Sunshine Act tation and Infrastructure. Vehicle Safety Standards; Lamps; Reflective during the calendar year 1995, pursuant to 5 5176. A letter from the General Counsel, Devices and Associated Equipment (National U.S.C. 552b(j); to the Committee on Govern- Department of Transportation, transmitting Highway Traffic Safety Administration) ment Reform and Oversight. the Department’s final rule—Airworthiness (RIN: 2127–AF90) received September 16, 1996, 5167. A letter from the Deputy Assistant Directives; American Champion Aircraft pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Fisheries, National Ma- Corporation Models 8KCAB, 8GCBC, 7GCBC, mittee on Commerce. rine Fisheries Service, transmitting the 7ECA, 7GCAA, and 7KCAB Airplanes; Correc- 5157. A letter from the Director, Office of Service’s final rule—Fisheries of the Carib- tion (Federal Aviation Administration) Regulatory Management and Information, bean, Gulf of Mexico, and South Atlantic; [Docket No. 96–CE–36–AD; Amendment 39– Environmental Protection Agency, transmit- Red Snapper Management Measures (RIN: 9726; AD 96–18–02] (RIN: 2120–AA64) received ting the Agency’s final rule—Approval and 0648–AG89) received September 16, 1996, pur- September 16, 1996, pursuant to 5 U.S.C. Promulgation of Implementation Plans suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Transpor- State: Approval of Revisions to the State of tee on Resources. tation and Infrastructure. North Carolina’s State Implementation Plan 5168. A letter from the Assistant Attorney 5177. A letter from the General Counsel, (SIP) [FRL–5606–3] received September 16, General, Department of Justice, transmit- Department of Transportation, transmitting 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting a draft of proposed legislation to amend the Department’s final rule—Airworthiness Committee on Commerce. the criminal law, title 18 of the United Directives; Pratt & Whitney JT9D–7R4 Series 5158. A letter from the Director, Office of States Code, to prevent economic espionage Turbofan Engines (Federal Aviation Admin- Regulatory Management and Information, and to provide for the protection of trade se- istration) [Docket No. 94–ANE–51; Amend- Environmental Protection Agency, transmit- crets in interstate and foreign commerce; to ment 39–9721; AD 96–17–11] (RIN: 2120–AA64) ting the Agency’s final rule—National Emis- the Committee on the Judiciary. received September 16, 1996, pursuant to 5 sion Standards for Hazardous Air Pollutants 5169. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on for Source Categories: Perchloroethylene Department of Transportation, transmitting Transportation and Infrastructure. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10523 5178. A letter from the General Counsel, (Rept. 104–792). Referred to the Committee of Mr. SPENCE: Committee on National Se- Department of Transportation, transmitting the Whole House on the State of the Union. curity. House concurrent Resolution 200. the Department’s final rule—Airworthiness Mr. SHUSTER: Committee on Transpor- Resolution expressing the sense of the Con- Directives; Industrie Aeronautiche E tation and Infrastructure. H.R. 3923. A bill to gress regarding the bombing in Dhahran, Meccaniche Model Piagio P–180 Airplanes amend title 49, United States Code, to re- Saudi Arabia; with an amendment (Rept. (Federal Aviation Administration) [Docket quire the National Transportation Safety 104–805). Referred to the House Calendar. No. 95–CE–78–AD; Amendment 39–9750; AD 96– Board and individual air carriers to take ac- Mr. SPENCE: Committee on National Se- 19–02] (RIN: 2120–AA64) received September tions to address the needs of families of pas- curity. H.R. 4000. A bill to amend title 10, 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to sengers involved in aircraft accidents; with United States Code, to restore the provisions the Committee on Transportation and Infra- an amendment (Rept. 104–793). Referred to of chapter 76 of that title (relating to miss- structure. the Committee of the Whole House on the ing persons) as in effect before the amend- 5179. A letter from the General Counsel, State of the Union. ments made by the National Defense Author- Department of Transportation, transmitting Mr. SHUSTER: Committee on Transpor- ization Act for fiscal year 1997; with an the Department’s final rule—Airworthiness tation and Infrastructure. H.R. 4040. A bill to amendment (Rept. 104–806). Referred to the Directives; De Havilland Model DHC–8–100 amend title 49, United States Code, relating Committee of the Whole House on the State Series Airplanes (Federal Aviation Adminis- to intermodal safe container transportation of the Union. tration) [Docket No. 95–NM–266–AD; Amend- (Rept. 104–794). Referred to the Committee of DISCHARGE OF COMMITTEE ment 39–9745; AD 88–09–05 R1] (RIN: 2120– the Whole House on the State of the Union. Pursuant to clause 5 of rule X the AA64) received September 16, 1996, pursuant Mr. CLINGER: Committee on Government Reform and Oversight. H.R. 3802. A bill to Committee on Agriculture discharged to 5 U.S.C. 801(a)(1)(A); to the Committee on from further consideration. H.R. 2941 Transportation and Infrastructure. amend section 552 of title 5, United States 5180. A letter from the General Counsel, Code, popularly known as the Freedom of In- referred to the Committee of the Whole Department of Transportation, transmitting formation Act, to provide for public access Hose on the State of the Union. the Department’s final rule—Airworthiness to information in an electronic format, and Pursuant to clause 5 of rule X the Directives; Saab Model SAAB 2000 Series for other purposes; with an amendment Committee on Government Reform and Airplanes (Federal Aviation Administration) (Rept. 104–795). Referred to the Committee of Oversight discharged from further con- [Docket No. 96–NM–231–AD] (RIN: 2120–AA64) the Whole House on the State of the Union. sideration. H.R. 3936 referred to the Mr. HYDE: Committee on the Judiciary. received September 16, 1996, pursuant to 5 Committee of the Whole House on the U.S.C. 801(a)(1)(A); to the Committee on House Joint Resolution 191. Resolution to confer honorary citizenship of the United State of the Union. Transportation and Infrastructure. Pursuant to clause 5 of rule X the 5181. A letter from the General Counsel, States on Agnes Gonxha Bojahiu, also known Department of Transportation, transmitting as Mother Teresa (Rept. 104–796). Referred to Committees on International Relations the Department’s final rule—Airworthiness the House Calendar. and Intelligence (Permanent Select) Directives; Jetstream Model 4101 Airplanes Mr. YOUNG of Alaska: Committee on Re- discharged from further consideration. (Federal Aviation Administration) [Docket sources. H.R. 2505. A bill to amend the Alas- H. Con. Res. 180 referred to the House No. 96–NM–225–AD] (RIN: 2120–AA64) received ka Native Claims Settlement Act to make Calendar. certain clarifications to the land bank pro- September 16, 1996, pursuant to 5 U.S.C. f 801(a)(1)(A); to the Committee on Transpor- tection provisions, and for other purposes; tation and Infrastructure. with an amendment (Rept. 104–797). Referred TIME LIMITATION OF REFERRED 5182. A letter from the General Counsel, to the Committee of the Whole House on the BILL State of the Union. Department of Transportation, transmitting Pursuant to clause 5 of rule X the fol- the Department’s final rule—Airworthiness Mr. MOORHEAD: Committee on the Judi- Directives; McDonnell Douglas Model DC–9– ciary. H.R. 3968. A bill to make improve- lowing action was taken by the Speak- 80 Series Airplanes and Model MD–88 Air- ments in the operation and administration of er: planes (Federal Aviation Administration) the Federal courts, and for other purposes; H.R. 2941. Referral to the Committee on [Docket No. 95–NM–221–AD] (RIN: 2120–AA64) with an amendment (Rept. 104–798). Referred Agriculture extended for a period ending not received September 16, 1996, pursuant to 5 to the Committee of the Whole House on the later than September 17, 1996. State of the Union. U.S.C. 801(a) (1) (A); to the Committee on Pursuant to clause 5 of rule X the fol- Transportation and Infrastructure. Mr. MOORHEAD: Committee on the Judi- ciary. S. 533. An act to clarify the rules gov- lowing action was taken by the Speak- 5183. A letter from the Chief, Regulations er: Unit, Internal Revenue Service, transmitting erning removal of cases to Federal court, and the Service’s final rule—Qualified Pension, for other purposes (Rept. 104–799). Referred H.R. 3936. Referral to the Committee on Profit-Sharing, and Stock Bonus Plans (Rev- to the Committee of the Whole House on the Government Reform and Oversight extended enue Ruling 96–48) received September 16, State of the Union. for a period ending not later than September Mr. MOORHEAD: Committee on the Judi- 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to the 17, 1996. ciary. S. 677. An act to repeal a redundant Committee on Ways and Means. Pursuant to clause 5 rule X the fol- venue provision, and for other purposes 5184. A letter from the Chief Regulations (Rept. 104–800). Referred to the Committee of lowing action was taken by the Speak- Unit, Internal Revenue Service, transmitting the Whole House on the State of the Union. er: the Service’s final rule—Minimum Vesting Mr. WALKER: Committee on Science. H.R. H. Con. Res. 180. Referral to the Commit- Standards (Revenue Ruling 46–47) received 3936. A bill to encourage the development of tees on International Relations and Intel- September 16, 1996, pursuant to 5 U.S.C. a commercial space industry in the United ligence (Permanent Select) extended for a 801(a) (1) (A); to the Committee on Ways and States, and for other purposes; with an period ending not later than September 17, Means. amendment (Rept. 104–801, Pt. 1). Referred to 1996. f the Committee of the Whole House on the f State of the Union. REPORTS OF COMMITTEES ON Mr. YOUNG of Alaska: Committee on Re- PUBLIC BILLS AND RESOLUTIONS PUBLIC BILLS AND RESOLUTIONS sources. H.R. 2941. A bill to improve the Under clause 5 of rule X and clause 4 Under clause 2 of rule XIII, reports of quantity and quality of the quarters of land of rule XXII, public bills and resolu- management agency field employees, and for committees were delivered to the Clerk tions were introduced and severally re- for printing and reference to the proper other purposes; with an amendment (Rept. 104–802, Pt. 1). Referred to the Committee of ferred as follows: calendar, as follows: the Whole House on the State of the Union. By Mr. FILNER: Mr. SHUSTER: Committee on Transpor- Ms. GREENE of Utah: Committee on H.R. 4080. A bill to amend the Small Busi- tation and Infrastructure. H.R. 3153. A bill to Rules. House Resolution 522. Resolution ness Act to establish programs and under- amend title 49, United States Code, to ex- waiving points of order against the con- take efforts to assist and promote the cre- empt from regulation the transportation of ference report to accompany the bill (H.R. ation, development, and growth of small certain hazardous materials by vehicles with 3675) making appropriations for the Depart- business concerns owned and controlled by a gross vehicle weight rating of 10,000 pounds ment of Transportation and related agencies veterans of service in the Armed Forces, and or less; with amendments (Rept. 104–791). Re- for the fiscal year ending September 30, 1997, for other purposes; to the Committee on ferred to the Committee of the Whole House and for other purposes (Rept. 104–803). Re- Small Business, and in addition to the Com- on the State of the Union. ferred to the House Calendar. mittee on Veterans’ Affairs, for a period to Mr. SHUSTER: Committee on Transpor- Mr. SPENCE: Committee on National Se- be subsequently determined by the Speaker, tation and Infrastructure. H.R. 3348. A bill to curity. House Concurrent Resolution 180. in each case for consideration of such provi- direct the President to establish standards Resolution commending the Americans who sions as fall within the jurisdiction of the and criteria for the provision of major disas- served the United States during the period committee concerned. ter and emergency assistance in response to known as the cold war; with an amendment By Mr. OBERSTAR (for himself, Mr. snow-related events; with an amendment (Rept. 104–804 Pt. 1). OBEY, Mr. KILDEE, Mr. DINGELL, Mr. H10524 CONGRESSIONAL RECORD — HOUSE September 17, 1996

VISCLOSKY, Mr. LATOURETTE, Mr. H.R. 4091. A bill to amend title II of the So- ferrals; to the Committee on Commerce, and HOKE, Mr. LAFALCE, Mr. GUTIERREZ, cial Security Act to establish, for purposes in addition to the Committee on Ways and Mr. STUPAK, Ms. KAPTUR, and Mr. of disability determinations under such title, Means, for a period to be subsequently deter- BROWN of Ohio): a uniform minimum level of earnings, for mined by the Speaker, in each case for con- H.R. 4081. A bill to direct the Secretary of demonstrating ability to engage in substan- sideration of such provisions as fall within the department in which the Coast Guard is tial gainful activity, at the level currently the jurisdiction of the committee concerned. operating to submit to the Congress a plan applicable solely to blind individuals; to the By Mr. STUDDS: and cost estimate for the engineering, de- Committee on Ways and Means. H.R. 4101. A bill to direct the Secretary of sign, and retrofitting of the icebreaker By Mr. FOGLIETTA (for himself, Mrs. the department in which the Coast Guard is Mackinaw; to the Committee on Transpor- CLAYTON, Mr. CUMMINGS, Mr. FATTAH, operating to provide rescue diver training tation and Infrastructure. Mrs. MEEK of Florida, Mr. DELLUMS, under the Coast Guard helicopter rescue By Mr. HERGER: Mr. OBERSTAR, Mr. OWENS, Mr. swimming training program; to the Commit- H.R. 4082. A bill to direct the Secretary of TOWNS, Mr. HILLIARD, Mr. ACKERMAN, tee on Transportation and Infrastructure. Agriculture to conduct a pilot project on Mr. FROST, Mr. CLYBURN, Mr. By Mr. INGLIS of South Carolina (for designated lands within the Plumas, Lassen, BARRETT of Wisconsin, Mr. EVANS, himself and Mr. SCOTT): and Tahoe National Forests in the State of Mr. FALEOMAVAEGA, Mr. JOHNSTON of H.J. Res. 193. Joint resolution granting the California to demonstrate the effectiveness Florida, Mr. TORRES, Ms. WATERS, consent of Congress to the Emergency Man- of the resource management activities pro- Ms. NORTON, Ms. MCKINNEY, Mr. agement Assistance Compact; to the Com- posed by the Quincy Library Group and to FORD, Ms. EDDIE BERNICE JOHNSON of mittee on the Judiciary. amend current land and resource manage- Texas, Mr. WATT of North Carolina, By Mr. DAVIS (for himself, Mrs. ment plans for these national forests to con- Ms. BROWN of Florida, and Mr. JACK- MORELLA, Mr. WYNN, Mr. WOLF, Mr. sider the incorporation of these resource SON): MORAN, and Mr. HOYER): management activities; to the Committee on H.R. 4092. A bill to prevent law enforce- H.J. Res. 194. Joint resolution granting the Resources, and in addition to the Committee ment agencies from stopping people on high- consent of the Congress to amendments on Agriculture, for a period to be subse- ways because of their race or color; to the made by Maryland, Virginia, and the Dis- quently determined by the Speaker, in each Committee on the Judiciary. trict of Columbia to the Washington Metro- case for consideration of such provisions as By Mr. FRANKS of New Jersey (for politan Area Transit Regulation Compact; to fall within the jurisdiction of the committee himself, Ms. MOLINARI, Mr. the Committee on the Judiciary. concerned. FRELINGHUYSEN, and Mr. MARTINI): By Miss COLLINS of Michigan (for her- By Mr. SCHAEFER: H.R. 4093. A bill to require the Federal self, Mr. BARRETT of Wisconsin, Mrs. H.R. 4083. A bill to extend certain pro- Aviation Administration to address the air- CLAYTON, Mr. FILNER, Mr. FRAZER, grams under the Energy Policy and Con- craft noise problems of New Jersey and Stat- Mr. PETE GEREN of Texas, Mr. GREEN servation Act through September 30, 1997; to en Island, NY; to the Committee on Trans- of Texas, Mr. HASTINGS of Florida, the Committee on Commerce. portation and Infrastructure. Mr. BROWN of Ohio, Mrs. SCHROEDER, By Mr. ABERCROMBIE (for himself By Mr. GEKAS (for himself, Mr. COX, Ms. WATERS, Mr. PAYNE of New Jer- and Mr. FALEOMAVAEGA): Mr. PORTER, Mr. WOLF, Mr. DAVIS, sey, Ms. BROWN of Florida, Mr. H.R. 4084. A bill to amend the Native Mrs. MORELLA, Mr. GILCHREST, Mr. THOMPSON, Mr. JEFFERSON, Ms. NOR- American Graves Protection and Repatri- HAYWORTH, Mr. BEREUTER, Mr. TON, and Mrs. MEEK of Florida): ation Act to provide for Native Hawaiian or- CRAPO, Mr. SPENCE, Mr. SHADEGG, H.J. Res. 195. Joint resolution recognizing ganizations, and for other purposes; to the Mr. ROHRABACHER, Mr. HORN, Mr. the end of slavery in the United States, and Committee on Resources. HANSEN, and Mr. EHLERS): the true day of independence for African- By Mr. BAKER of Louisiana (for him- H.R. 4094. A bill to amend title 31, United Americans; to the Committee on Govern- self, Mr. BACHUS, and Mr. LAZIO of States Code, to provide for continuing appro- ment Reform and Oversight. New York): priations in the absence of regular appropria- By Mr. FRANKS of New Jersey: H.R. 4085. A bill to terminate the property tions; to the Committee on Appropriations. H. Con. Res. 215. Concurrent resolution to disposition program of the Department of By Mr. GOODLATTE: encourage the Secretary of State, foreign na- Housing and Urban Development providing H.R. 4095. A bill to protect the national in- tions, and others to work together to help re- single family properties for use for the formation infrastructure, and for other pur- unite family members separated during the homeless; to the Committee on Banking and poses; to the Committee on the Judiciary. Holocaust; to the Committee on Inter- Financial Services. By Mr. HOKE. national Relations. H.R. 4096. A bill to encourage and expedite By Mr. BEREUTER (for himself, Mr. By Mrs. KENNELLY: the granting of membership in the North At- CRANE, Mr. GIBBONS, and Mr. BER- H. Res. 523. Resolution designating minor- lantic Treaty Organization to Romania, Slo- MAN): ity membership to certain standing commit- H.R. 4086. A bill to authorize the extension vakia, and Slovenia; to the Committee on tees of the House of Representatives; consid- of nondiscriminatory treatment (most-fa- International Relations. ered and agreed to. vored-nation treatment) to the products of By Ms. LOFGREN: Mongolia; to the Committee on Ways and H.R. 4097. A bill to amend title 18, United f Means. States Code, with respect to child exploi- By Mr. BROWDER: tation offenses; to the Committee on the Ju- ADDITIONAL SPONSORS H.R. 4087. A bill to designate certain Fed- diciary. Under clause 4 of rule XXII, sponsors eral lands in the Talladega National Forest By Mrs. MEYERS of Kansas: were added to public bills and resolu- H.R. 4098. A bill to enhance the administra- in the State of Alabama as the Dugger tions as follows: Mountain Wilderness; to the Committee on tive authority of the president of Haskell In- Resources, and in addition to the Committee dian Nations University, and for other pur- H.R. 784: Mr. DEAL of Georgia. on Agriculture, for a period to be subse- poses; to the Committee on Economic and H.R. 789: Mr. BEREUTER and Mr. POSHARD. quently determined by the Speaker, in each Educational Opportunities, and in addition H.R. 1023: Mr. HEINEMAN, Mr. KOLBE, and case for consideration of such provisions as to the Committee on Government Reform Mr. CRANE. fall within the jurisdiction of the committee and Oversight, for a period to be subse- H.R. 1073: Mr. SKAGGS and Mr. WAMP. concerned. quently determined by the Speaker, in each H.R. 1074: Mr. SKAGGS and Mr. WAMP. By Mr. CONDIT: case for consideration of such provisions as H.R. 1325: Mr. PETRI and Mr. OBERSTAR. H.R. 4088. A bill to provide for the convey- fall within the jurisdiction of the committee H.R. 1662: Mr. FATTAH. ance of certain property from the United concerned. H.R. 2006: Mr. PETRI. States to Stanislaus County, CA; to the By Mr. PORTMAN (for himself, Mr. H.R. 2167: Mr. GILMAN, Ms. LOFGREN, and Committee on Science. CARDIN, Mr. ENSIGN, Mr. MATSUI, Mr. Mr. LATOURETTE. By Mr. ENGLISH of Pennsylvania: HOBSON, and Mr. POMEROY): H.R. 2185: Mr. CANADY and Mr. MATSUI. H.R. 4089. A bill to amend title 31, United H.R. 4099. A bill to amend the Internal Rev- H.R. 2246: Mr. MOAKLEY. States Code, to provide that recently en- enue Code of 1986 to modify the application H.R. 2434: Mr. STENHOLM, Mr. NEAL of Mas- acted provisions requiring payment of Fed- of the pension nondiscrimination rules to sachusetts, and Mr. MATSUI. eral benefits in the form of electronic funds governmental plans; to the Committee on H.R. 2748: Mr. FRANK of Massachusetts. transfers do not apply with respect to bene- Ways and Means. H.R. 2807: Mr. ENGEL and Mr. HINCHEY. fits payable under the old-age, survivors, and By Mr. STARK: H.R. 2927: Mr. LIPINSKI. disability insurance program under title II of H.R. 4100. A bill to amend titles XVIII and H.R. 3030: Mr. LEWIS of Georgia. the Social Security Act; to the Committee XIX of the Social Security Act to require H.R. 3142: Mr. SALMON, Ms. DUNN of Wash- on Government Reform and Oversight. hospitals participating in the Medicare or ington, Mr. BASS, and Ms. FURSE. H.R. 4090. A bill to amend the Internal Rev- Medicaid Program to provide notice of avail- H.R. 3199: Mr. DORNAN and Mr. ROEMER. enue Code of 1986 to clarify the application of ability of Medicare and Medicaid providers H.R. 3226: Mr. BROWN of California and Mr. the retail tax on heavy trucks and trailers; as part of discharge planning and to main- SHAW. to the Committee on Ways and Means. tain and disclose information on certain re- H.R. 3250: Mr. WELDON of Pennsylvania. September 17, 1996 CONGRESSIONAL RECORD — HOUSE H10525

H.R. 3311: Mr. MORAN, Mr. BARCIA of Michi- TITLE— . DEFICIT REDUCTION LOCK– amended by adding at the end the following gan, Mr. OLVER, Mr. HEFNER, and Mr. FROST. BOX new paragraph: H.R. 3391: Mr. PALLONE. DEFICIT REDUCTION LOCK-BOX ‘‘(5) Upon the engrossment of Senate H.R. 3433: Mr. FRANKS of New Jersey. amendments to any appropriation bill (as de- SEC. . (a) ESTABLISHMENT OF LEDGER.— H.R. 3498: Mr. FATTAH. fined in section 314(d)) for a fiscal year, the Title III of the Congressional Budget Act of H.R. 3514: Mr. WELDON of Florida and Mr. amounts allocated under paragraph (1) or (2) 1974 is amended by adding at the end the fol- SALMON. to the Committee on Appropriations of each lowing new section: H.R. 3518: Mr. DORNAN and Mrs. House upon the adoption of the most recent SEASTRAND. ‘‘DEFICIT REDUCTION LOCK-BOX LEDGER concurrent resolution on the budget for that H.R. 3591: Mr. CONDIT. ‘‘SEC. 314. (a) ESTABLISHMENT OF LEDGER.— fiscal year shall be adjusted downward by H.R. 3690: Mr. CRANE, Mr. HASTINGS of The Director of the Congressional Budget Of- the amounts credited to the applicable Joint Washington, and Mr. NETHERCUTT. fice (hereinafter in this section referred to as House-Senate Lock-box Balance under sec- H.R. 3691: Mrs. THURMAN. the ‘‘Director’’) shall maintain a ledger to be tion 314(c)(2). The revised levels of budget H.R. 3704: Mr. EVANS, Mr. HILLIARD, Mrs. known as the ‘‘Deficit Reduction Lock-box authority and outlays shall be submitted to MINK of Hawaii, Mr. BROWN of California, Mr. Ledger’’. The Ledger shall be divided into en- each House by the chairman of the Commit- MILLER of California, Mr. SANDERS, Mr. tries corresponding to the subcommittees of tee on the Budget of that House and shall be FALEOMAVAEGA, Ms. LOFGREN, Mr. LIPINSKI, the Committees on Appropriations. Each printed in the Congressional Record.’’. Ms. WOOLSEY, Mr. FOGLIETTA, Mr. YATES, entry shall consist of three parts: the ‘House (b) SUBALLOCATIONS.—Section 602(b)(1) of Mr. GUTIERREZ, Mr. LEWIS of Georgia, Mr. Lock-box Balance’; the ‘Senate Lock-box the Congressional Budget Act of 1974 is CLAY, Mr. ACKERMAN, Mr. GIBBONS, Mr. Balance’; and the ‘Joint House-Senate Lock- amended by adding at the end the following COLEMAN, Ms. NORTON, Mr. DELLUMS, Mrs. box Balance’. new sentence: ‘‘Whenever an adjustment is COLLINS of Illinois, Mr. DEUTSCH, Mr. ‘‘(b) COMPONENTS OF LEDGER.—Each com- made under subsection (a)(5) to an allocation HINCHEY, Mr. PETERSON of Minnesota, and ponent in an entry shall consist only of under that subsection, the chairman of the Mr. OWENS. amounts credited to it under subsection (c). Committee on Appropriations of each House H.R. 3752: Mrs. CUBIN, Mr. SKEEN, and Mr. No entry of a negative amount shall be shall make downward adjustments in the COOLEY. made. most recent suballocations of new budget au- H.R. 3775: Mr. EDWARDS, Mr. SALMON, and ‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) thority and outlays under subparagraph (A) Mr. TEJEDA. The Director shall, upon the engrossment of to the appropriate subcommittees of that H.R. 3835: Mr. BLUTE, Mr. BORSKI, Mr. BOU- any appropriation bill by the House of Rep- committee in the total amounts of those ad- CHER, Ms. BROWN of Florida, Mr. HILLIARD, resentatives and upon the engrossment of justments under section 314(c)(2). The revised Mr. KENNEDY of Massachusetts, Mr. LAHOOD, that bill by the Senate, credit to the applica- suballocations shall be submitted to each Ms. MCKINNEY, Mr. OWENS, Ms. RIVERS, and ble entry balance of that House amounts of House by the chairman of the Committee on Mr. STUPAK. new budget authority and outlays equal to Appropriations of that House and shall be H.R. 3838: Mr. HOSTETTLER and Mr. BART- the net amounts of reductions in new budget printed in the Congressional Record.’’. LETT of Maryland. authority and in outlays resulting from PERIODIC REPORTING OF LEDGER STATEMENTS H.R. 3860: Ms. LOFGREN, Mr. EVANS, and amendments agreed to by that House to that SEC. . Section 308(b)(1) of the Congres- Mr. DEUTSCH. bill. sional Budget Act of 1974 is amended by add- H.R. 3905: Mr. CASTLE. ‘‘(2) The Director shall, upon the engross- ing at the end the following new sentence: H.R. 3923: Mr. GILLMOR and Mr. EVANS. ment of Senate amendments to any appro- ‘‘Such reports shall also include an up-to- H.R. 3927: Mr. KENNEDY of Massachusetts, priation bill, credit to the applicable Joint date tabulation of the amounts contained in Mr. DURBIN, and Mr. MCHALE. House-Senate Lock-box Balance the amounts the ledger and each entry established by sec- H.R. 3942: Mr. ROGERS. of new budget authority and outlays equal tion 314(a).’’. H.R. 3950: Mr. BARTLETT of Maryland and to— DOWNWARD ADJUSTMENT OF DISCRETIONARY Mr. DAVIS. ‘‘(A) an amount equal to one-half of the SPENDING LIMITS H.R. 3984: Mr. FIELDS of Texas and Mr. sum of (i) the amount of new budget author- SEC. . The discretionary spending limits DORNAN. ity in the House Lock-box Balance plus (ii) H.R. 4019: Mr. CUNNINGHAM, Mr. WICKER, for new budget authority and outlays for any the amount of new budget authority in the Mr. LEWIS of California, Mr. RADANOVICH, fiscal year set forth in section 601(a)(2) of the Senate Lock-box Balance for that bill; and Congressional Budget Act of 1974, as adjusted Mr. BAKER of Louisiana, Mr. HORN, Mr. CAL- ‘‘(B) an amount equal to one-half of the in strict conformance with section 251 of the VERT, Mr. HUNTER, Mr. ROHRABACHER, Mr. sum of (i) the amount of outlays in the DREIER, Mr. HAYWORTH, Mr. WHITE, Mr. NEY, Balanced Budget and Emergency Deficit House Lock-box Balance plus (ii) the amount Control Act of 1985, shall be reduced by the Mr. PACKARD, Mr. KING, Mr. MOORHEAD, Mr. of outlays in the Senate Lock-box Balance CRANE, Mr. INGLIS of South Carolina, Mr. LI- amounts set forth in the final regular appro- for that bill. priation bill for that fiscal year or joint reso- PINSKI, Mr. WELLER, and Mr. STOCKMAN. ‘‘(3) CALCULATION OF LOCK-BOX SAVINGS IN lution making continuing appropriations H.R. 4036: Mr. HAMILTON, Mr. LANTOS, Mr. SENATE.—For purposes of calculating under through the end of that fiscal year. Those BERMAN, Mr. HYDE, Ms. ROS-LEHTINEN, and this section the net amounts of reductions in amounts shall be the sums of the Joint Mr. GOODLING. new budget authority and in outlays result- House-Senate Lock-box Balances for that fis- H.R. 4037: Mr. DELLUMS. ing from amendments agreed to by the Sen- H.R. 4062: Mr. HORN. cal year, as calculated under section 602(a)(5) ate on an appropriation bill, the amend- H.R. 4066: Mr. DORNAN, Mr. RIGGS, Mr. of the Congressional Budget Act of 1974. That ments reported to the Senate by its Commit- HERGER, and Mr. CUNNINGHAM. bill or joint resolution shall contain the fol- tee on Appropriations shall be considered to H.R. 4068: Mr. BISHOP. lowing statement of law: ‘‘As required by be part of the original text of the bill. H.J. Res. 173: Ms. PRYCE. section 6 of the Deficit Reduction Lock-box ‘‘(d) DEFINITION.—As used in this section, H.J. Res. 174: Ms. PRYCE, Mr. HANCOCK, Act of 1995, for fiscal year [insert appropriate the term ‘appropriation bill’ means any gen- Mrs. MYRICK, and Ms. FURSE. fiscal year] and each outyear, the adjusted eral or special appropriation bill, and any H. Con. Res. 21: Mr. KLUG and Mr. STUPAK. discretionary spending limit for new budget bill or joint resolution making supple- H. Con. Res. 51: Mr. LANTOS and Mr. GIL- authority shall be reduced by $ [insert appro- MAN. mental, deficiency, or continuing appropria- priate amount of reduction] and the adjusted H. Con. Res. 145: Mr. GILMAN. tions through the end of a fiscal year.’’. discretionary limit for outlays shall be re- (b) CONFORMING AMENDMENT.—The table of H. Con. Res. 212: Mr. DEUTSCH. duced by $ [insert appropriate amount of re- contents set forth in section 1(b) of the Con- H. Res. 30: Mr. CREMEANS, Mr. BROWDER, duction] for the budget year and each out- gressional Budget and Impoundment Control Mr. NEY, Mr. TRAFICANT, and Mr. CHRYSLER. year.’’ Notwithstanding section 904(c) of the Act of 1974 is amended by inserting after the H. Res. 490: Mr. BURTON of Indiana, Mr. Congressional Budget Act of 1974, section 306 item relating to section 313 the following KINGSTON, Mr. ROHRABACHER, and Mr. of that Act as it applies to this statement new item: TORKILDSEN. shall be waived. This adjustment shall be re- H. Res. 501: Mr. HASTINGS of Florida. ‘‘Sec. 314. Deficit reduction lock-box ledg- flected in reports under sections 254(g) and f er.’’. 254(h) of the Balanced Budget and Emer- TALLY DURING HOUSE CONSIDERATION gency Deficit Control Act of 1985. AMENDMENTS SEC. . There shall be available to Mem- EFFECTIVE DATE bers in the House of Representatives during Under clause 6 of rule XXIII, pro- SEC. . (a) IN GENERAL.—This title shall consideration of any appropriations bill by posed amendments were submitted as apply to all remaining appropriation bills the House a running tally of the amend- follows: making appropriations for fiscal year 1997 or ments adopted reflecting increases and de- H.R. — any subsequent fiscal year. creases of budget authority in the bill as re- (b) DEFINITION.—As used in this section, Omnibus Appropriations Act for Fiscal Year ported. the term ‘‘appropriation bill’’ means any 1997 DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS general or special appropriation bill, and any OFFERED BY: MS. HARMAN AND SECTION 602(B) SUBALLOCATIONS bill or joint resolution making supple- AMENDMENT NO. 1: At the appropriate SEC. . (a) ALLOCATIONS.—Section 602(a) of mental, deficiency, or continuing appropria- place, insert the following new title: the Congressional Budget Act of 1974 is tions through the end of a fiscal year. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, SEPTEMBER 17, 1996 No. 128 Senate The Senate met at 9:30 a.m. and was SCHEDULE think, during the next few days, as we called to order by the President pro Mr. LOTT. Mr. President, this morn- try to come to the conclusion of this tempore [Mr. THURMOND]. ing the Senate will immediately begin session, Senators need to be very hesi- consideration of the conference report tant to request such delays in votes. I remind all Senators that, if they in- PRAYER to accompany the energy and water ap- propriations bill. Following the debate, sist on offering nongermane amend- The Chaplain, Dr. Lloyd John at 11 o’clock the Senate will then re- ments to these appropriations meas- Ogilvie, offered the following prayer: sume consideration of the Interior ap- ures, it will only delay disposition of Gracious, loving Father, who has propriations bill, with the Bumpers the important spending bills as we ap- taught us to give thanks for all things, amendment regarding grazing fees proach the end of the fiscal year. to dread nothing but the loss of close- pending. The Senate will recess for the Also, we are going to work very hard ness with You, and to cast all our cares party conference lunches between the this afternoon and tomorrow and on You, who cares for us, set us free hour of 12:30 and 2:15 p.m. At 2:15, there Thursday to see if we cannot take up from timerous timidity when it comes will be an additional 20 minutes for de- some other issues. Always we try to to living the absolutes of Your Com- bate on the Bumpers amendment and, work on conference reports when they mandments and speaking with the au- following that debate, the Senate will are available, particularly if they are thority of Your truth. We are living in proceed to two consecutive votes, first appropriations conference reports. We a time of moral confusion. We talk a on or in relation to the Bumpers are working to see if we can get some amendment to be followed immediately great deal about values, but have lost clear understanding on time and very by a vote on adoption of the energy and our grip on Your standards. Bring us tight limit on amendments, if any, on water appropriations conference re- back to the basics of honesty, integ- the Federal Aviation Administration port. rity, and trustworthiness. We want to authorization. We need to get that Following those votes, the Senate be authentic people rather than profes- done before we leave. I would like to will resume consideration of the Inte- sional caricatures of character. May see if we cannot get that done tonight, rior appropriations bill and additional people know that they will get what with the debate occurring after we votes can be expected on amendments they see. Free us from capricious complete debate or action on the Inte- to that bill this afternoon. It is hoped, dissimulations, from covered duality, rior appropriations. We might take up with the cooperation of our colleagues, from covert duplicity. Instead of ma- the FAA authorization, say at 6 or 7, the Senate can complete action on the and let all the debate time go on to- nipulating with power games, help us Interior appropriations bill this motivate with patriotism, grant us the night with vote or votes on that occur- evening, hopefully. ring first thing in the morning. passion we knew when we first heard Again, Senators can expect busy ses- Tomorrow I would like to see if Your call to political leadership, the sions this week and should plan accord- maybe we can do the Magnuson fish- idealism we had when we were driven ingly. It will be almost impossible to eries bill. We have a lot of work done by a cause greater than ourselves, and complete our Senate business in the on that. We need to get it done before the inspiration we knew when Your time we have allocated if Members ex- Spirit was our only source of strength. pect no rollcall votes in the evenings we leave. Again, maybe we could work May this be a day to recapture our first because of prior commitments. Last on the debate during tomorrow night, love for You and our first priority of week I had requests: That we not have with votes occurring on Thursday glorifying You by serving our Nation. votes during the day on Monday or on morning. In the name of our Lord and Savior. Monday night; please do not have one We are also going to see what sort of Amen. on Tuesday morning; could we not have time would be desired if we took up the one on Wednesday night; how about on maritime bill. f Thursday? I was thinking maybe we So, my thinking is during the day, could just stack all the votes at 10 for the most part we will stay on the RECOGNITION OF THE MAJORITY o’clock on Wednesday. appropriations bills, either Interior ap- LEADER I would like to accommodate all Sen- propriations or the energy and water ators, and many of these requests are conference report, as we are doing this The PRESIDENT pro tempore. The very legitimate. Sometimes they are morning, and then at night we will try able majority leader, Senator LOTT, is based on very important commitments to take up some of these authoriza- recognized. or illness or all kinds of things. But I tions that have been agreed to or we

∑ 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 Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10618 CONGRESSIONAL RECORD — SENATE September 17, 1996 are trying to get agreement on. That The distinguished Senator from New To the best of our abilities, the con- way we can make good progress during Mexico is recognized. ferees have sought to protect science the week. Mr. DOMENICI. Mr. President, I am and technology programs from signifi- I want to emphasize something I said pleased to bring to the floor the con- cant reductions while providing for the about nongermane amendments. We ference report to accompany H.R. 3816, water projects of importance to so have good managers of this bill. This is the Energy and Water Development many Members. an important bill. Yes, it has some con- Appropriations Act for fiscal year 1997. In essence, this is a very interesting troversial features in many and various This conference report passed the bill. Clearly, a majority of the funding areas, but you have the chairman of House last Thursday by a vote of 383 to goes to the Department of Defense ac- the committee, Senator SLADE GORTON, 29. I thank again the former chairman tivities within the DOE. Nonetheless, who has been doing very good work, of the subcommittee, and now ranking there is a large portion that is not de- and the ranking member from West member, for his assistance in devel- fense activities, and that is domestic Virginia, Senator BYRD, who are cer- oping this bill. activities which essentially are made tainly two of the best managers we I also thank the chairman of the full up predominantly of water projects, have. I urge my colleagues do not come Appropriations Committee, former reclamation projects, and the like, of in with a lot of nongermane amend- chairman and ranking member of the both the Corps of Engineers and the ments. Last week we saw over 10 Energy and Water Development Sub- Bureau of Reclamation. Everyone amendments offered, most of them committee, Senator HATFIELD, for his knows with reference to both of those nongermane. help in bringing this bill before the entities and the projects that as they Senate. His guidance and assistance I have been playing it straight. I am run, operate, start, and complete, the with regard to allocations has been of trying to see that we get our work funding is going down, not up. tremendous importance, and the sub- done. But, if we wind up seeing this is Again, we were not able to give every committee is indebted to his leader- just a political game, then we will not State the projects in flood control and ship. the like that Senators had requested, be able to get this legislation done. This conference report is consistent And we will not tolerate it. Then we with the allocations set forth in the but we think we have done as good a will get into a total political mode. We Senate Report 104–320. Specifically, the job as the money would permit. should do the business of the people conference provides $11.352 billion in Mr. President, on page 37 of the re- and then we can go out and campaign budget authority and $11.39 million in port before us there is a typographical for reelection based on political issues outlays for defense activities. error. I would like to just read the that we think need to be debated. We For nondefense activities, the con- paragraph at the bottom of page 37. should not do it here on the floor of the ference report provides $8,620,000,837 in The conferees have, however, included lan- Senate with nongermane amendments. budget authority and $8.884 billion in guage in the bill which directs the Secretary I hope that will not happen this week outlays. of the Army to begin implementing a plan to as it did last week, which caused us to These levels are significantly above reduce the number of division offices to no have to take down the Treasury-Post more than eight and no less than six on April the levels of the House-passed bill but 1, 1997, which provides authority for the Office appropriations bill. Apparently below the levels provided by the Senate Corps of Engineers to transfer up to $1.5 mil- we will not be able to get it back up. and passed as its energy and water de- lion into this account from other accounts in So we will just have to put that bill in velopment bill. this title to— the continuing resolution, which I hope Of the $700 million difference between ‘‘Mitigate’’ should be the word, and we can get an agreement on sometime the House and Senate on the proposed not ‘‘investigate.’’ by the end of the week and vote on in level of defense spending in this act, Mitigate impacts in the delay in the imple- some form next week. the conferees retain $500 million—a mentation of the division closure plan. Mr. President, I yield the floor. long way toward the Senate position Mr. President, I would like to take a f but still $200 million less than the Sen- ate-passed bill. few minutes and talk about the rank- ENERGY AND WATER DEVELOP- In other words, we funded $200 mil- ing member, Senator J. BENNETT JOHN- MENT APPROPRIATIONS ACT, lion more of defense programs in this STON, from the State of Louisiana, who 1997—CONFERENCE REPORT bill when it passed the Senate than has for many years been chairman of this subcommittee and has served in The PRESIDING OFFICER (Mr. this bill has in it as it returns from conference. various capacities, including chairman BROWN). Under the previous order, the For nondefense spending, the con- of the Energy and Natural Resources report on H.R. 3816 will be stated. ferees were provided an allocation of Committee of the Senate. He has de- The assistant legislative clerk read $100 million above the original House cided that he is not going to seek re- as follows: allocation—better than a split of the election, and thus will leave the Sen- The committee on conference on the dis- $187 million difference between the two ate. agreeing votes of the two Houses on the bills. Nonetheless, it is $87 million less In 1972, when I came to the U.S. Sen- amendment of the Senate to the bill (H.R. ate, I was met by a lot of new faces, 3816) making appropriations for energy and for the nondefense portion than it was water development for the fiscal year ending when it passed the Senate. people I had never known, or people I September 30, 1997, and for other purposes, Why do I make these points on the had perhaps read a little bit about. One having met, after full and free conference, $200 million and the $87 million? Be- of those new Senators was J. BENNETT have agreed to recommend and do rec- cause some projects and activities that JOHNSTON. ommend to their respective Houses this re- were in the bill as it passed the Senate I would like to state the relationship port, signed by a majority of the conferees. are not in the bill as it returns from for the last 24 years. While we have to The Senate proceeded to the consid- the House. That is because there was some extent gone our own ways in eration of the conference report. less money allocated and arrived at as work around here, Senator JOHNSTON (The conference report is printed in an agreement between the two bodies and the Senator from New Mexico have the House proceedings of the RECORD of on what could be spent from the over- had a rare opportunity to work to- September 12, 1996.) all budget. But, clearly, we are within gether in many, many areas that I be- The PRESIDING OFFICER. The time the caps established for defense. We lieve have been very important to our until 11 a.m. will be divided: 15 minutes have not used any more than the allo- country. He has become an expert in to the distinguished Senator from New cation. In fact, we returned some of the the area of nuclear energy. He is coura- Mexico [Mr. DOMENICI]; 15 minutes defense allocation to the full com- geous in that area second to none. He under the control of the Senator from mittee for them to use either in de- understands it. He is not frightened by Louisiana [Mr. JOHNSTON]; 15 minutes fense or otherwise. That will, obvi- it. He gets good science and good engi- under the control of the Senator from ously, be reallocated if it is not very neering. He takes the initiative to try Michigan [Mr. LEVIN]; the remaining 15 soon so that we can get on with trying to get the facts where many would seek minutes under control of the Senator to solve some of the problems in other not to have facts, but rather to predi- from Illinois [Mr. SIMON]. bills and other needs. cate their arguments on sentiments

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10619 and on ideologies. He seeks to get the Five times in the last 6 years the unanimous vote but was never able to facts in the field of energy. U.S. Senate has voted for legislation I secure a full Commerce Committee So I conclude that he is also one of have presented regarding this question hearing or full Commerce Committee the best experts on the research capa- of out-of-State trash, and voted so in a disposition of that issue. And so, be- bilities of our Nation in that he has fairly overwhelming, bipartisan fash- cause that has been stalled in the other worked diligently to understand the ion. The bills that we have presented body now for more than a year, because national laboratories, a number of have been the work of some very dili- our previous efforts have been frus- which are under the jurisdiction of the gent and painstaking work with our trated, sometimes in the House, some- Department of Energy. In fact, I be- colleagues and their staffs to attempt times in the Senate, but frustrated in lieve there is no better friend of basic to find a resolution to a very difficult terms of completing the process, I took science research than J. BENNETT problem that exists in almost every the opportunity, along with Senator JOHNSTON in the U.S. Congress. He has one of our States. LEVIN, to search out a vehicle which we not only spoken to it and has become Many of our States, because of their thought was as close to relevant as we expert at it, he has acted accordingly. population or their geographic loca- could get, and attach what the Senate He has become an ally of the United tion, environmental concerns or oth- had passed, on an overwhelming basis— States maintaining the highest level of ers, find themselves in a position where 94–6, a pretty solid vote—attach that to science in the Department of Energy they are not able to adequately dispose the energy and water appropriations through its nuclear defense labora- of the volumes of trash that are gen- bill. tories. erated on a day-to-day basis. Other That is not my preferred option. My Today, I want to thank him for his States have less density and capacity preferred option is to make it a stand- efforts, congratulate him for his wis- to receive some of that trash. alone bill, as we did in the Senate, and dom, his vision and, most of all, his We are not attempting to impede the have the House take it up in a stand- courage. And I believe I would be re- negotiated transfer of that trash from alone bill, but we were thwarted in miss if I did not say that J. BENNETT exporting States to importing States. that effort on the House side. So we JOHNSTON is without peer in the U.S. What we are attempting to do, and thought, is there a way we can jump- Senate when it comes to legislators. what I have attempted to do now over start this process in the House? So we When it comes to sitting around work- the last 6 or 7 years, is to fashion a way attached it to the energy and water ap- ing with Senators, trying to get a bill in which the importing States, of propriations bill, which then passed the passed, he is a master. He is going to be which I represent one, have a say in Senate and went over to the House. missed. This committee is going to the process. After some diligent efforts to encour- Right now, because the Supreme miss him. The Energy and Water Com- age the conference committee to pass Court has decreed over a number of de- mittee is going to miss him. The U.S. back to the House and the Senate their cisions that garbage, interstate trash, Senate will miss him, and the Congress conference bill with the Senate trash is considered interstate commerce, the will miss him. amendment attached, we were dis- States have virtually no authority to Mr. President, I see Senator COATS, appointed to learn that the House, de- regulate or to monitor or to place any from Indiana, on the floor. I inquire, spite some diligent efforts on the part limitations on the amount of out-of- would he like to speak on the bill now? of some Indiana colleagues and others, State trash that comes into their par- Mr. COATS. I have a hearing this friends in the House who supported this morning at 10. If I could do that now, I ticular States. effort, Congressman SOUDER, Congress- will not take a lot of time. I will be My effort has been to put them at the man BUYER, Congressman VISCLOSKY, table so that they can sit down with happy to do that. Republicans and Democrats, we were the exporting States and find a way to Mr. DOMENICI. I am going to yield not able to secure approval from the negotiate, if it is in their best inter- the floor so he can use some of his House conferees on this matter. So the est—and it is in the interest of many time. The other Senator who desired to energy and water bill conference report States to receive this because it is speak, for whom time is reserved, is comes back to us without the inter- commerce and it does generate rev- Senator SIMON from Illinois. I would state trash measure attached. like to put him on notice, at this point enue—but also to say that either we I am bitterly disappointed that once we do not intend to use our 45 minutes, cannot do this now or our own needs again we are unable to deal success- just a small portion of it. Senator have placed us in a situation where we fully with a problem that everybody JOHNSTON is not going to use any of his are at capacity and we cannot receive knows needs to be dealt with. It is not time. So, it would seem that the Sen- your trash, and you will have to work just my State of Indiana, which has ator from Illinois should be prepared to something else out. In other words, we seen a fairly dramatic decrease in the make his 15-minute remarks very soon. want to give the recipient communities amount of trash come into the State. I hope he will be prepared to do that. and States the right to dictate their I do not mean to make things own environmental future as it relates Since I have taken such a vocal and ac- unaccommodating but, frankly, we do to the generation of everyday trash, tive role, I think maybe the exporters not need 45 minutes. I do not have any which is literally millions of tons and trash haulers are trying to tone objections of any significant nature to across this country. down my rhetoric or dampen my en- this bill. Recognizing the problems of the ex- thusiasm for moving forward on this I yield at this point to the distin- porting States, recognizing the prob- legislation. But what has happened is guished Senator from Indiana. lems of the importing States, we have that trash has simply moved to an- The PRESIDING OFFICER. The Sen- been able to work with Senators, Gov- other State—Pennsylvania, Ohio, Ken- ator from Indiana is recognized. ernors, legislators, experts, waste haul- tucky, Michigan, Virginia. A number of Mr. COATS. Mr. President, I thank ers and others to fashion a compromise other States have now become un- the Senator from New Mexico for yield- piece of legislation which gives import- wanted recipients and virtually have ing this time. I asked for the time in ing States the right to say no or to no power to do anything about it. order to explain the situation to our limit reasonably, but which also pre- By the same token, we have seen a colleagues over the whole issue of out- serves the right of exporting States to fairly dramatic increase in the export of-State trash. enter into agreements with the recipi- of trash to Indiana. The first two quar- As my colleagues know, this has been ent States and/or counties and/or mu- ters of 1996 now total almost the entire an issue that I have been relentlessly nicipalities if they so desire. amount we received in 1995. So our line pursuing now for 7 years or so, with As I said, these measures have passed has gone back up, and the problem is great success in the U.S. Senate but the Senate in an overwhelmingly bipar- becoming serious again in Indiana. lousy success in the House of Rep- tisan fashion, only to hit a roadblock, But I am really here speaking for a resentatives, in terms of getting a bill particularly in the last Congress, in broad coalition of States, of members to conference that we can then work the House of Representatives. The rel- of both parties, of Governors who rep- out our differences on and put on the evant subcommittee in the House resent both the Democrat and Repub- President’s desk for signature. passed out a measure, I believe, by lican parties, of States that feel that

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10620 CONGRESSIONAL RECORD — SENATE September 17, 1996 they have no control over their envi- differences. Every effort that has been has different factions in regard to this ronmental future, over their environ- attempted over there has come up with bill. We were caught by those factions mental destiny. And they are basically an inability to finalize the process. So and something procedural that is not saying, ‘‘Look, we’re taking care of our we will be looking at that. part of the Senate’s business. We did problem intrastate, and we are simply I just want to put the majority lead- the right thing here in the Senate to asking that we have an opportunity to er and my colleagues on notice that give it a try. address successfully our environmental this issue is not going to go away. It is I thank you for your kind remarks goals in disposing of our own waste not getting any better. It is getting this morning. I think we did every- without being overwhelmed by some- much worse for many, many States. As thing we could and still get a bill on one else’s environmental problems that long as I have breath and am privileged are loaded onto trucks and loaded onto to represent the people of Indiana in appropriations. I yield the floor. trains, on a daily basis, shipped over- the U.S. Senate, I am going to look for The PRESIDING OFFICER. The Sen- night, and dumped in our landfills.’’ every way possible to pass this legisla- ator from Illinois is recognized. We have landfills in Indiana that, by tion to give our States and other Mr. SIMON. Mr. President, I thank referendum and painstaking efforts on States the right that I believe they my colleague from New Mexico for the part of municipalities, have been should constitutionally have to make yielding. created, with the promise to the tax- decisions that affect their own environ- payers, the promise to the citizens of mental destiny, their own futures, and I rise to express concern as to what is the community, that it will take care deal with their problems. not in this bill. Thanks to the coopera- of disposal needs for that municipality It is reasonable legislation. We have tion of Senator DOMENICI—on a piece of or that county for 15, 20, 30 years in the every reason to believe it is constitu- legislation that is cosponsored by Sen- future. And so bond referendums are tional legislation. The Court has clear- ator BROWN, the Presiding Officer—we passed, the taxpayers commit to it, ly said that this Congress has the au- did pass legislation authorizing re- only to find out those landfills are thority to regulate interstate com- search in the area of converting salt filled up in 2 years by a massive influx merce. We are not attempting to stop water to fresh water. of out-of-State waste over which we interstate commerce. We are simply Now, that may seem not very impor- have no ability to say no or to let us attempting to put the receiver and the tant, but long term, 20 years from reason together here. ‘‘We can’t take Senator at the table so they can rea- now—if I am around 20 years from now; sonably negotiate this flow of trash yours, but there’s one down the road the Presiding Officer will be around— from one State to another without im- that might be able to accept it, or you the headlines in the newspapers are not posing one State’s burden on another can enter into an agreement, and likely to be about oil. They are likely State, when that State has no ability maybe if we can work out some nego- to be about water. tiated payments, and so forth, we can to negotiate terms. create a bigger capacity, and we will I want to thank the Senator from Let me give a capsule of where we are take it to generate revenue for our New Mexico for his efforts in helping us in the world and what we need to do to communities and our schools and our to try to move the Senate position. I start moving ahead in the same way roads,’’ et cetera. want to thank the Senator from Lou- that Senator DOMENICI has been mov- So here we are now with the energy isiana, Senator JOHNSTON, for his ef- ing ahead on mental health. Some- and water conference report back with- forts. I know I have loaded their bill times you have to lose a few battles be- out the trash. Trash, once again, has with something that they were not fore you win the battles. We are in a been allowed to flow without any rea- happy to see, but yet they attempted situation where, depending on whose sonable restraints. I regret that. to advance the Senate position. They estimate you believe, in the next 45 to But I wanted to let my colleagues have been supporters of my efforts. I 60 years we will double the world’s pop- know the diligent efforts that we have appreciate their efforts. I know they ulation. Our water supply, however, is been making in the Senate, the rep- feel it is also unfortunate that we have constant. Now, you do not need to be resentation of our Senate conferees, not been able to move this. With that, an Einstein to understand we are head- Senator DOMENICI, Senator JOHNSTON, Mr. President, I yield the floor. ed for major problems. Yet 97 percent representing the Senate position, but The PRESIDING OFFICER. The Sen- of the world’s water we cannot use. It we simply were not able to prevail over ator from New Mexico has 31 minutes is salt water. We live on less than 3 the House position and those in charge remaining. percent of the water. I say less than 3 who wanted to keep the energy and Mr. DOMENICI. Mr. President, I am water appropriations report free of this going to speak for 2 minutes because I percent because a lot of the fresh water particular legislation. I realize it is not see Senator SIMON is here and would is tied up in snow and icebergs and directly relevant, but I am frustrated like to speak. other things. We are headed toward Senator MCCAIN asked that we seek a that I do not have any opportunity to major problems. rollcall vote. Therefore, I ask for the move the process forward except to The World Bank says in 20 years 35 yeas and nays. offer these kinds of amendments. The PRESIDING OFFICER. Is there a nations will have severe water prob- I will conclude simply by putting the sufficient second? lems. You can find substitutes for oil. majority leader on notice that Senator There is a sufficient second. There is no substitute for water. That LEVIN and I, Senator SPECTER and oth- The yeas and nays were ordered. is why people like President Sadat, the ers, are seriously considering adding an Mr. DOMENICI. I say to Senator late Prime Minister Rabin and others amendment to a continuing resolution COATS, I think oftentimes in the Con- have said if there is another war in the if, in fact, we have to have a con- gress it takes a lot longer for good Middle East, it will not be over land, it tinuing resolution—not because we things to get done than anybody will be over water. want to make the majority leader’s life around would ever imagine. I believe There have been people in the past any more difficult than it already is, the cause that the Senator is talking who have recognized this need. It is in- not because we want to delay the Sen- about here today is one of those. ate adjournment, not because we think The reason I helped on the floor is be- teresting, Mr. President, that Dwight it even necessarily belongs on a con- cause it is inconceivable to me that we Eisenhower, President of the United tinuing resolution, but because we will not make the Coats legislation the States, did on several occasions men- have literally run out of options. law of the land, it has such over- tion that this is an area we have to It will do no good in the Senate to whelming support in this body. If you move ahead on. In his final message to pass the bill a third time. The House really have a vote in the House of Rep- Congress, his final State of the Union has made every possible effort—maybe resentatives, it has overwhelming sup- Message, Dwight Eisenhower said one there are some other means they could port there. of the things we have to work on is use between now and the end of the ses- I am very sorry we are going to con- finding less expensive ways of con- sion to try to force the key people in ference with a major piece of author- verting salt water to fresh water. The the House to accept some type of legis- izing legislation that was not in the reality is the cost of fresh water is lation that deals with this so we can at House bill—that I could not succeed in gradually going up, the cost of least get to conference and resolve our keeping it there. Obviously, the House desalinating

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10621 water is gradually coming down, but enough food so that the quality of life who live near brackish pools that look there is a great gap there. That great for most people on the face of the like seas, they are so big. We have a gap is going to hurt us unless we move Earth has gone up. That will not con- giant one around the community of in the area of research. What I was try- tinue, unless we find another supply of Alamogordo, NM, a huge brackish un- ing to do and what we had on the floor water. derground reservoir. It varies in its de- here is we put $5 million out of the $14 Converting salt water to fresh water gree of salinization. On one end, it is million that are authorized. is inexpensive enough for drinking pur- almost fresh. On the other end, it is Dwight Eisenhower was not alone. In poses. But the difficulty is that almost contaminated mostly by salt. 1962, John F. Kennedy was asked at a 90 percent of the water we use is for in- It would transform many situations press conference, What is the most im- dustrial and agricultural purposes. in our Nation, much less the world, to portant scientific breakthrough you That, today, is far too expensive. water-supply long instead of water-sup- would like to see during your term as One of our problems in Government— ply short. I am not sure that $5 million President? He said, ‘‘You heard me and I say this to the Presiding Officer, would do the job. I think it is appro- talking about getting a man to the who is retiring along with me and, I priate—and the Senator alluded to it— Moon, but let me tell you if you really think, maybe looks at these things other countries are spending signifi- want to do something for humanity, we from a little perspective—one of our cant money. I know that in the Middle should find a less expensive way of con- problems in Government, as is the East substantial money is being spent verting salt water to fresh water.’’ problem in American business today, is by Israel, and others, in attempting to Almost 70 percent of the world’s pop- that we are much too short term in our make the scientific breakthroughs. Ob- ulation lives within 50 miles of the outlooks. In politics, we are looking at viously, we have many ways that we ocean. If we could get a breakthrough the next election and what is going to have proven up scientifically to on converting salt water to fresh happen. In business, it is the next quar- produce potable water for drinking. It water, California would not have the terly report or the next stockholders is economic in that sense. People are problems it is heading toward and Cali- meeting. One of the things, long term, going to have drinking water, because fornia could share water with New that is vital to humanity, is seeing to of a number of breakthroughs of the Mexico and other States. I was looking it that we have water—water to grow last decade, at rather reasonable rates. through reports on rural water dis- crops, water for industry, water to It is the larger context of need that de- tricts and was looking at New Mexico drink. This water that we take for salinization looks like a very exciting the other day, and in New Mexico, un- granted is not something that can be and much-needed technology that we like Illinois and many other States, taken for granted in the future. ought to work on. The Senator alluded to the last time there is an inadequate water supply for I mention this now not to raise oppo- we funded desalinization projects. The a lot of rural communities. Desalina- sition to this bill, but I will be trying last desalinization plant attempting to tion, in some cases converting brackish to put this small—and it is small, rel- make breakthroughs was actually water to fresh water—primarily we ative to where we should be—my col- Roswell, NM. It existed for 3 or 4 years have to be looking toward converting league, Senator HARRY REID said to after everything else was shut down in seawater to fresh water. And it is in- me, ‘‘It is almost embarrassing that we the program. Frankly, the costs were teresting—I was in Israel about 3 weeks are just asking for $5 million when you extremely high at that point, in terms ago. I met with the new Prime Minister have such a pressing need.’’ I am going and with former Prime Minister of whether we were anywhere close to a to do my best to see that on the con- breakthrough. I assume much tech- Shimon Peres. Let me tell you, every tinuing resolution we have some Israeli public official can speak very nology has gone through the pipeline money for this purpose. It really is since then, and we are probably getting knowledgeably about water because it vital to the future of our country. It is is so crucial to their future. We have closer. vital to the future of civilization. I I am sorry that the House would not not had a significant breakthrough hope we can move in a constructive di- accept your $5 million proposal. Obvi- since 1978 in this research. At one rection. ously, we had a lot of requests and a point, in current dollars, we were up to I yield the floor, Mr. President. shortage of money. On the domestic about $121 million a year that we were Mr. DOMENICI. Parliamentary in- side, which this would be, it is not part spending in research. It has gone down. quiry, Mr. President. How much time of the defense programs in this bill. We Incidentally, sometimes you acciden- remains now, and who has time? actually had to remove many projects, tally get breakthroughs. Through the The PRESIDING OFFICER. The Sen- or reduce them dramatically, that both breakthrough in reverse osmosis, we ator from New Mexico has 29 minutes Houses considered as being good. That developed a breakthrough in renal di- 22 seconds. The Senator from Illinois is because we did not have enough alysis for people who have kidney dis- has 4 minutes 54 seconds. money. This one fell to the House’s ac- ease. It used to be, if you had kidney In addition, other time is reserved for tion on the basis that they did not con- disease and you wanted to have renal Senator LEVIN from Michigan, who has sider it and they did not have appro- assistance, you had to go to a hospital. 15 minutes, and Senator JOHNSTON priate hearings in the House. I regret It was a very complicated process. It is from Louisiana, who has 15 minutes. that is the case. still not good, but there was a signifi- Mr. DOMENICI. Let me repeat, using I thank the Senator for his efforts. cant breakthrough. But we need to get my time, for Senator LEVIN, I under- Mr. SIMON. If my colleague will additional breakthroughs at this time. stand that, according to the consent yield, let me say that the conversion of It is just vital to the future of human- order, we could be here until 11, and, brackish water is less expensive than ity. technically, he could come here 15 min- the conversion of sea water. It is one of In areas that do not grow any crops, utes before and use his time. I hope he these areas where the two work to- like much of New Mexico, if you get tries to get here sooner than that be- gether. If we can find the answer for enough water there, all of a sudden, it cause we are going to be finished soon, one, we are going to find the answer for is going to be very productive land. and I will yield back whatever time I the other. There is nothing that could do as much have and leave the floor for Senator The Senator is correct that other na- to lift the standard of living of human- LEVIN. Let me take a couple of minutes tions are doing more. It is very inter- ity, as a whole, than to find less expen- to engage in dialog. esting that the metropolitan water dis- sive ways of converting salt water to Mr. SIMON. Mr. President, I yield trict of Los Angeles, which is the big- fresh water. When you double the the balance of my time. gest water district in the United world’s population—and I stress that Mr. DOMENICI. On my time, let me States—maybe in the world, I don’t every estimate is that we are going to compliment the Senator from Illinois. know—is doing some research on desa- double the world’s population either in As on much legislation around here, he linization. They are getting $3 million 45 years or 60 years. I have seen, in my has, again, taken a farsighted view. I in aid from Israel for their experiment, lifetime—and I was born in 1928—a tri- hope when you speak of living near for their research. You know, we really pling of the world population. Fortu- oceans, you will add to your thoughts should not have to depend on foreign nately, we have been able to produce and comments that there are millions aid to get this research done.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10622 CONGRESSIONAL RECORD — SENATE September 17, 1996 We ought to be working with other ENERGY AND WATER SUBCOMMITTEE—SPENDING ing its deliberations was the issue of countries. I am not going to be here TOTALS—CONFERENCE REPORT—Continued continuing funding for the Animas- next year. I hope we can get a small [Fiscal year 1997, in millions of dollars] LaPlata participating project in south- start for the $5 million yet this year in western Colorado. I appreciate the ef- Budget the continuing resolution. And then I author- Outlays forts of the conference committee for hope in the future, when Senator ity appropriating $9 million in fiscal year OMENICI PECTER D , Senator S , and others Nondefense discretionary ...... 8,708 8,969 1997 to permit the Bureau of Reclama- are here, that Senator DOMENICI can Violent crime reduction trust fund ...... tion to continue their efforts with con- push this area that is so important. Mandatory ...... struction costs associated with the A– Let me just add one final word. Total allocation ...... 20,308 20,202 LP project. Shimon Peres wrote a book in which he Adjusted bill total compared to Senate Subcommittee As was discussed in great length and says that the real key to stabilizing 602(b) allocation: voted upon previously in both Cham- the Middle East is finding less expen- Defense discretionary ...... ¥248 ¥194 Nondefense discretionary ...... ¥87 ¥85 bers of the Congress, the completion of sive ways of converting saltwater to Violent crime reduction trust fund ...... the A–LP participating project has freshwater. That was one of the points Mandatory ...... both tremendous Federal Indian policy that Dwight Eisenhower made a long Total allocation ...... ¥335 ¥279 implications as well as an incalculable time ago. Note: Details may not add to totals due to rounding. Totals adjusted for tangible impact for many water users I thank my colleague for yielding. consistency with current scorekeeping conventions. in southwest Colorado and northern BUDGET IMPACT OF H.R. 3816 Mr. D’AMATO. Mr. President, will New Mexico. When the Congress Mr. DOMENICI. Mr. President, H.R. the distinguished chairman of the sub- passed, and President Reagan signed 3816, the Energy and Water Develop- committee yield for a question? into law, the Colorado Ute Indian ment Appropriations Act, 1997, is well Mr. DOMENICI. I am happy to yield Water Rights Settlement Act of 1988, within its budget allocation of budget to my friend from New York. the Federal Government guaranteed to authority and outlays. Mr. D’AMATO. I thank my friend. the two Colorado Ute Indian tribes a The conference report provides $20 While there has been an overall reduc- final settlement of their outstanding billion in budget authority and $13.1 tion from the budget request for the water rights claims in a solution that billion in new outlays to fund the civil environmental restoration and waste would also allow them to put to use programs of the Army Corps of Engi- management nondefense account, I their entitled share of settlement neers, the Bureau of Reclamation, cer- would like to get an understanding water. tain dependent agencies, and most of from the chairman as to the priority In addition, the 1988 Settlement Act the activities of the Department of En- the committee places on meeting the ergy. When outlays from prior year reconfirmed the commitment of the vitrification and closure schedule at Federal Government to assist water budget authority and other actions are the West Valley demonstration project taken into account, this bill provides a users in the San Juan River basin in in western New York. The project has the development of an adequate water total of $19.9 billion in outlays. been able to maintain schedule and For defense discretionary programs, storage system. Cities such as Du- progress while accommodating budget rango, CO, to Farmington, NM, stand the conference report is below its allo- reductions over the past 6 years. cation by $248 million in budget au- to benefit from completion of the A–LP The project began pouring glass this project, and equally important, tradi- thority and $194 million in outlays. The summer and is currently poised to tional agricultural users will also ben- conference report also is below its non- complete this phase on or ahead of efit. defense discretionary allocation by $87 schedule. The project is also at a cru- million in budget authority and $85 cial juncture regarding the completion While I am glad the conference com- million in outlays. of the work necessary to ultimately mittee provided funding based on the Mr. President, I ask unanimous con- close the site. Would the chairman practical merits of the A–LP project, I sent that a table displaying the Budget agree that the Department of Energy am dismayed that actions of the ad- Committee scoring of this conference should spend the funds from this ac- ministration, particularly the Environ- report be inserted in the RECORD at count necessary to keep this project on mental Protection Agency [EPA], con- this point. schedule? tinue to cause undue and very costly There being no objection, the mate- Mr. DOMENICI. In order to stay delays to full implementation of the rial was ordered to be printed in the within the nondefense allocation pro- 1988 settlement. One very clear exam- RECORD, as follows: vided to the conferees it was necessary ple of the egregious behavior on the to reduce funding for a number of pro- part of the EPA is their inability to ENERGY AND WATER SUBCOMMITTEE—SPENDING grams including the nondefense Envi- work actively and constructively with TOTALS—CONFERENCE REPORT ronmental Restoration and Waste Man- the Bureau of Reclamation and other [Fiscal year 1997, in millions of dollars] agement Program. To the extent pos- Department of Interior agencies to re- solve outstanding environmental com- Budget sible, the Department should apply author- Outlays those reductions in a manner that pliance issues on the project. ity minimizes delay and impact on on- As recently as a few weeks ago, the Defense discretionary: going, high priority activities such as EPA again requested of the Commis- Outlays from prior-year BA and other actions com- pleted ...... 2,863 the West Valley demonstration project. sioner of the Bureau of Reclamation an H.R. 3816, conference report ...... 11,352 8,176 Mr. D’AMATO. I thank the chairman. additional 90 days to review the Final Scorekeeping adjustment ...... ANIMAS-LAPLATA PARTICIPATING PROJECT Supplemental Environmental Impact Subtotal defense discretionary ...... 11,352 11,039 Mr. CAMPBELL. Mr. President, I Statement [FSEIS]. Mr. President, this action comes after the EPA had al- Nondefense discretionary: would like to make just a few brief Outlays from prior-year BA and other actions com- comments on one important provision ready requested one other 90-day exten- pleted ...... 3,970 sion for review. H.R. 3816, conference report ...... 8,621 4,914 adopted into the conference report to Scorekeeping adjustment ...... accompany H.R. 3816, the fiscal year Further, in testimony before the Sen- Subtotal nondefense discretionary ...... 8,621 8,884 1997 energy and water appropriation ate Appropriations Subcommittee on measure. However, I would first like to VA, HUD, and independent agencies in Mandatory: recognize and commend the work of May of this year, EPA Administrator Outlays from prior-year BA and other actions com- pleted ...... the conference committee for their ef- Carol Browner testified that by August H.R. 3816, conference report ...... forts to develop a conference agree- 26, 1996, the EPA would make a deter- Adjustment to conform mandatory programs with Budget Resolution assumptions ...... ment that is acceptable to many Mem- mination to, either, sign off on the bers of this Chamber, recognizing and project or refer the matter to the Subtotal mandatory ...... settling several controversial issues President’s Council on Environmental Adjusted bill total ...... 19,973 19,923 that had to be dealt with in conference. Quality [CEQ]. Well, here we are, Sep- Mr. President, one provision the con- tember 17, and no decisions have been Senate Subcommittee 602(b) allocation: Defense discretionary ...... 11,600 11,233 ference committee had to address dur- made.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10623 I make this point, because as a Mem- best attempts to keep the budget es- wildlife managers, and representatives ber of this Chamber, each of us is re- sentially level this year, we were from the U.S. Fish and Wildlife Service sponsible and accountable for every forced to accept a cut in this important and the National Marine Fisheries taxpayer dollar we spend. When the ac- program because of the constraints im- Service. Prior to my amendment, tions of an agency, such as the EPA, posed by the overall low level of fund- CBFWA members had recommended continue to stall the full implementa- ing for the nondefense programs in this that roughly 75 percent of the $100 mil- tion of a statute signed into law in bill. lion annual expenditure go to fund 1988, merely for political purposes, who Mr. President, I want to get some ad- projects that would be carried out by loses? The taxpayer loses due to added ditional clarification from my good CBFWA members. This is a most seri- costs associated with further delay. friend from New Mexico, the chairman ous conflict of interest, one that was Mr. President, I appreciate the work of the Energy and Water Development brought to my attention several of the energy and water conference Subcommittee, about the statement of months ago by constituents in my committee for their continued support managers language accompanying the State. for the A–LP project, and I look for- Fusion Energy Sciences Program. The Let me be clear, CBFWA’s advice is ward to working with my colleagues on language calls for the operation and important. But, I believe that BPA the respective committees of jurisdic- safe shutdown of the Tokamak Fusion ratepayers expect their hard earned tion to ensure that adequate congres- Test Reactor in fiscal year 1997. Is it dollars to be spent wisely—not to fund sional oversight is put in place to per- the chairman’s understanding that this the projects of a select number of mit the timely progression of the language can in any way be interpreted groups. project. to imply a particular funding level or My amendment requires the inde- CORECT PROGRAM length or operation for the TFTR in pendent scientific review of projects Mr. HATFIELD. Mr. President, in fiscal year 1997? proposed for funding under BPA’s an- 1988, Congress passed and President Mr. DOMENICI. I thank my good nual program and would remove any Reagan signed in law the CORECT pro- friend from Louisiana for pointing out suggestion of conflict of interest in gram. This program established a fed- the importance of the Fusion Energy prioritizing programs. I believe that eral interagency board to coordinate Sciences Program and for his question. advice of independent scientists with renewable energy exports and has been The conferees did not specify the level expertise on the enhancement of Co- a very successful example of how a of funding to be provided to the TFTR lumbia River fish and wildlife will re- very small program, funded at $2 mil- in fiscal year 1997. We recognized that, sult in successful implementation of lion per year, can drive the tools of the because the Congress has not provided the Northwest Power Planning Coun- U.S. Government to assist small busi- the full amount of the request for the cil’s fish and wildlife program. The nesses in gaining international market Fusion Program, reductions within the council recently recognized the need share. For example, the U.S. solar in- program will be necessary. Those re- for independent science recently, and dustry exports over 85 percent of its ductions will include a reduction in the together with the National Marine product and has now ribbon-cut four funds provided to the TFTR. It is the Fisheries Service, has established an new automated manufacturing plants Department’s responsibility to deter- Independent Scientific Advisory Board in the United States to meet the grow- mine the proper allocation of funds [ISAB] in order to provide scientific ing global markets. from within the amount provided in advice to the council and NMFS on the I am concerned that the energy and the conference report. council’s plan for fish and wildlife for water development appropriations con- Mr. JOHNSTON. I thank the chair- the river system. ference report, now before the Senate, man and note for the record that his My amendment directs the National could be interpreted as closing down understanding and expectation on this Academy of Sciences to submit a list of the CORECT program. Let me clarify issue match mine. individuals to the council to serve on with my friend from New Mexico, Mr. Mr. GORTON. Mr. President, I an Independent Scientific Review DOMENICI, that the pending legislation strongly support the conference report Panel to review projects for funding is not to be interpreted as terminating to accompany the fiscal year 1997 en- under BPA’s annual fish and wildlife the CORECT program and that the De- ergy and water appropriations bill. In- program. I would like to make clear partment of Energy may utilize other cluded in the fiscal year 1997 energy that nothing in the bill language pre- available funds to continue this pro- and water conference report is an cludes NAS from recommending the gram, even though Congress has pro- amendment that I authored to amend same scientists that serve on the ISAB vided no funding for the coming fiscal the Northwest Power Act. My amend- to serve on the newly created Inde- year. ment, which has received bipartisan pendent Scientific Review Panel, pro- Mr. DOMENICI. Mr. President, I am support, would amend the Northwest vided that members meet the conflict well aware of the CORECT program. I Power Act to establish an independent of interest standards spelled out in the want to assure the Senator from Or- scientific review panel and peer review bill language. If ISAB scientists are se- egon that the Department of Energy is groups, to review annual projects to be lected to serve on the newly created free to propose reprogramming up to $2 funded with BPA ratepayer moneys. panel, such scientists should not be million from other programs to support Each year, roughly $100 million in compensated twice for their services. the CORECT program. I assure my col- BPA ratepayer dollars are spent to My amendment also requires that the league from Oregon that the sub- fund fish and wildlife projects that sup- council establish, from a list submitted committee will expeditiously review port the Northwest Power Planning by NAS, scientific peer review groups any such request. Council’s fish and wildlife plan. The to assist the panel in making its rec- Mr. HATFIELD. I want to thank my Northwest Power Planning Council is ommendations to the council. Projects friend for his clarification of this im- the regional body, created by the will be reviewed based upon the fol- portant matter. Northwest Power Act, that provides ad- lowing criteria: Projects benefit fish FUSION vice and input to BPA in spending the and wildlife in the region; have a clear- Mr. JOHNSTON. As my good friend annual $100 million in fish and wildlife ly defined objective and outcome; and from New Mexico, the chairman of the funds. The purpose of the council pro- are based on sound science principles. Energy and Water Development Sub- gram is to protect, mitigate, and en- After review of the projects by the committee and many other Members hance fish and wildlife populations panel and peer review groups, the panel are aware, the subcommittee continues along the Columbia and Snake River will submit its recommendations on to support a strong Fusion Energy system. projects priorities to the council for Sciences Program. As noted in the re- Currently, the single body that pro- consideration. The council will then port language accompanying the Sen- vides advice to the council on the ex- make the panel’s recommendations ate bill, the committee is pleased by penditure of these funds, is the Colum- available to the public for review. the efforts of the fusion community bia Basin Fish and Wildlife Authority The council is required to review rec- over the past year to restructure the [CBFWA]. CBFWA is made up of af- ommendations of the panel, the Colum- fusion program. However, despite our fected tribal officials, State fish and bia Basin Fish and Wildlife Authority,

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10624 CONGRESSIONAL RECORD — SENATE September 17, 1996 and others, in making its final rec- sylvania how much time does he de- sult in advance with the Congress, ommendations to BPA of projects to be sire? which I believe was necessary under funded through BPA’s annual fish and Mr. SPECTER. Mr. President, I the War Powers Act. That is water over wildlife budget. If the council does not thank my colleague from New Mexico. the dam. At the meeting this morning follow the advice of the panel, it is to I would appreciate 10 minutes. there were comments from Members of explain in writing the basis for its deci- Mr. DOMENICI. Mr. President, at the Congress about the need for more con- sion. suggestion of the majority leader, I sultation. I believe the session this Mr. President, an important part of yield back all time on the conference morning was the first time that there my amendment requires the council to report. had been a group of Members of the consider the impacts of ocean condi- The PRESIDING OFFICER. Without House and Senate assembled to be tions in making its recommendations objection, it is so ordered. briefed by the administration, by the to BPA to fund projects. Ocean condi- f President, and by the Secretary of tions include, but are not limited to, State and Secretary of Defense. such considerations as El Nino and MORNING BUSINESS We know from the bitter experience other conditions that impact fish and Mr. DOMENICI. Mr. President, I ask of the Vietnam war that the United wildlife populations. My amendment unanimous consent that there now be a States cannot engage in military ac- also directs the council to determine period for morning business until the tion of a protracted nature without whether project recommendations em- hour of 11 a.m., with Senators to speak public support, and the first place to ploy cost effective measures to achieve for up to 5 minutes each. If they need seek the public support is in the Con- its objectives. I want to make an im- additional time, they can seek time gress of the United States in our rep- portant point here, Mr. President, the from the Chair. resentative capacity. It is more than bill language expressly states that the The PRESIDING OFFICER. Without something which is desirable; it is council, after review of panel and other objection, it is so ordered. something which is mandated by the recommendations, has the authority to Mr. SPECTER. Mr. President, I ask constitutional provision that grants make final recommendations to BPA unanimous consent I may speak in exclusive authority to the Congress of on project(s) to be funded through morning business for a period of up to the United States to declare war. We BPA’s annual fish and wildlife budget. 10 minutes. have seen a transition as to what con- This language was included to clear up The PRESIDING OFFICER. Without stitutes a war—in Korea, where there any confusion as to the council’s au- objection, it is so ordered. was no declaration of war by the Con- thority to make final recommenda- Mr. SPECTER. Then, Mr. President, I gress, in Vietnam, where there was no tions to BPA on projects to be funded further ask unanimous consent I may declaration of war by the Congress. through its annual fish and wildlife be recognized to comment on the intel- And we have seen the adoption of the budget. ligence authorization report. War Powers Act as an effort to strike a The amendment goes into effect upon The PRESIDING OFFICER. Without balance between congressional author- the date of enactment, and it is in- objection, it is so ordered. ity to declare war and the President’s tended that the provision be used to f authority as Commander in Chief; and, start the planning process for the ex- as provided under the War Powers Act, penditure of BPA’s fiscal year 1998 fish USE OF FORCE AGAINST IRAQ where there are imminent hostilities, and wildlife budget. This provision will Mr. SPECTER. Mr. President, I have the President is required to consult in expire on September 30, 2000. come to the floor immediately after at- advance with the Congress and to make Mr. President, in closing, I would tending a meeting with President Clin- like to thank Senator HATFIELD and prompt reports to the Congress, al- ton, the Secretary of State, the Sec- though the President does have the au- Senator MURRAY, and the Northwest retary of Defense, the Chairman of the Power Planning Council for their input thority to act in case of emergency. Joint Chiefs of Staff, and Members of My legal judgment is that the Presi- in the development of the amendment. both Houses from both parties on the I believe that the final language, as it dent does have authority as Com- subject of Iraq. I would like to com- mander in Chief to act in an emer- appears in the fiscal year 1997 energy ment about an issue which I raised spe- and water conference report, reflects a gency, even in the absence of the War cifically with the President, and that is Powers Act. But when there is time for bipartisan effort to make sure that my urging him to submit to the Con- BPA ratepayer dollars are spend wise- action by the Congress of the United gress of the United States the issue as States, then that action ought to be ly. to whether there should be force used I believe that my amendment is the taken by the Congress on the use of against Iraq in the gulf. first step to restoring accountability in force, which is tantamount to war, In time of crisis there is no question, the decisionmaking process for the ex- which we saw in the gulf in 1991 where under our Constitution, that the Presi- penditure of BPA ratepayer dollars for the Congress did act. And we may see— dent as Commander in Chief has the fish and wildlife purposes. I look for- we all hope we do not see it—but we authority to take emergency action. ward to working, on a bipartisan basis, may see that in Iraq at the present Similarly, it is plain that the Congress with my Northwest colleagues to re- time. write the Northwest Power Act during of the United States has the sole au- The Congress is soon to go out of ses- the next Congress to ensure that thority to declare a war, and that in- sion in advance of the November elec- Northwest ratepayer dollars are spent volves the use of force, as in the gulf tions. While we are here, this issue effectively for fish and wildlife, and operation in 1991, which was really a ought to be considered by the Congress that the people of the Northwest are war, where the President came to the of the United States as to whether we given a greater role in the decision- Congress of the United States in Janu- are going to have the use of force. making process. ary 1991, and on this floor this body de- In the meeting this morning, at- Mr. DOMENICI. Mr. President, I un- bated that issue and, by a relatively tended by many Members of the House derstand Senator LEVIN does not need narrow vote of 52 to 47, authorized the and Senate, both Democrats and Re- his time. In his behalf, I yield back his use of force. It is my strong view that publicans, there was considerable ques- time. Mr. President, I understand Sen- the issue of the use of force in Iraq tion raised on both sides of the aisle as ator JOHNSTON will yield back his time. today ought to be decided by the Con- to what our policy is at the present In that he is in another hearing, I yield gress of the United States and not uni- time, whether we have a coherent pol- back his time in his behalf. laterally by the President where there icy as to what we are going to do there, The PRESIDING OFFICER. All time is no pending emergency and when not only how we get in but how we get except the time of the Senator from there is time for due deliberation in ac- out, and what our policy ought to be. New Mexico has been yielded back. The cordance with our constitutional pro- Those policy issues are really mat- Senator from New Mexico retains 14 cedures. ters which ought to be debated by the minutes. I note when the first missile attacks Congress of the United States and Mr. DOMENICI. Mr. President, I ask were launched 2 weeks ago today, on acted upon by the Congress of the the distinguished Senator from Penn- September 3, the President did not con- United States.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10625 We know there is a considerable tions. But the administration is com- around the Persian Gulf and to urge you to problem that we face today on getting ing in with a very expensive operation, promptly seek a resolution from Congress support from our allies, and that is an and it may be justified, it may be war- authorizing the use of force in the Gulf. indispensable prerequisite, it seems to ranted, it may be necessary, but that is There is no emergency which would require escalation of the use of force by you in your me, for action by the United States a matter for the Congress to decide as role as Commander-in-Chief. The constitu- military forces. We have seen the de- to what our policy should be and how tional role of Congress as the sole authority ployment of air power all the way from much money we are prepared to spend. to declare war should be respected, as it was Guam for missile strikes, and yet we In the meeting today, the question in 1991, with the Congress determining na- wonder why we are not using air power was raised rather bluntly about the tional policy on our objectives, the condi- from Saudi Arabia or from Turkey, and credibility of the administration in ex- tions of allied burden sharing, an exit strat- the question is raised as to whether the panding the no-fly zone to the south egy and an overall policy which is lacking at Saudis or the people in command of when the actions come against the the present time. A further statement of my Turkey are willing to allow us to use Kurds in the north, and there seems to reasons follows. their bases for these air strikes. be a consensus that the action taken First, let me repeat my publicly stated When it comes to the issue of con- thus far by the administration has not support for the policy of containment of Sad- dam Hussein’s regime and for the practice of tainment, representations were made weakened Saddam Hussein but has United States military involvement in the by key administration officials that strengthened Saddam Hussein and that enforcement of the United Nations’ ordered there is a full and total support by the he did, in fact, receive cover when cer- no-fly zone in southern Iraq. No less than in Saudis for our efforts to contain Sad- tain Kurdish leaders invited him in; 1991, when I voted to support the use of force dam Hussein, but that when it comes and there is a distinction to be made in the Gulf War, the United States has vital to the issue of air strikes, the same about what the United States will do interests in this region which must be pro- cannot be said; there is less than a full for a vital U.S. interest contrasted tected. measure of support from the Saudis. So with what we might do for humani- Second, I strongly support the bravery and that when we deal with the issue of tarian purposes, and that while U.S. professionalism of our military men and military personnel may be placed in women who are carrying out your orders at how much force the United States of substantial risk to their lives. America ought to use in the gulf harm’s way where we have an issue of a vital national interest, there may be All this having been said, I believe your against Saddam Hussein, those are the current course of gradual escalation against issues which ought to be considered by a difference of opinion if we are dealing Iraq, starting with the missile attacks on Congress, and we ought to have a state- with a humanitarian consideration. September 4, (for which you sought no prior ment of particularity as to just how Mr. President, all of this boils down authorization from Congress) constitutes the much support we are going to get from to the judgment, my judgment, that involvement of our armed forces in the sorts our allies. the American people today are not in- of hostile and potentially hostile situations We know the French, illustratively, formed about what the administration so as to trigger the limit of your authority will refuse to supply in the expanded is seeking to do in the gulf and what as commander-in-chief established by the War Powers Act. zone to the 33d parallel. There have the administration is seeking to do Moreover, this present course of esca- been reports from Kuwait that the Ku- against Saddam Hussein, and the Con- gress has not been consulted in ad- lation—especially the reported possible dis- wait Government is not prepared, not patch of 3–5,000 ground troops to Kuwait really willing to have us expand our vance of the initial missile strikes and —could well lead to a renewal of full scale military forces there. There is some has been, in my view, inadequately in- war between the United States and Iraq. For dispute about that, with representa- formed as we have proceeded. When example, if, heaven forbid, our Army units tions being made by the administration you deal with the use of force, which is were to sustain losses from any form of Iraqi that the media reports have been over- tantamount to war, that is a matter to attack, this country would be duty-bound to blown and that there is really coopera- be decided by the Congress of the respond with massive force. tion from Kuwait and from Bahrain United States, leaving to the President I know you understand, particularly in and from others. But on the face of his constitutional authority as Com- view of this country’s bitter experiences mander in Chief to act in cases of with undeclared wars in Korea and Vietnam, what is at least the public record, there the paramount importance of the constitu- is a serious question as to whether we emergency. But at this time we do not tional principle that only Congress can de- do have real support among our allies. have an emergency. We have time for clare war. It is an unavoidable concomitant That is something which has to be con- deliberation in the Congress, for debate of this principle that the President cannot sidered in some detail. in this Chamber and the floor of the have unilateral authority to set up a trip- In our meeting this morning, reserva- House of Representatives to decide wire which, if breached, would surely com- tions were expressed by Members on what our policy should be, what we are mit this nation to war. Your present posture both sides of the aisle, and there was a prepared to spend, and how we ought to toward Iraq, however, may be creating just such a trip-wire. question as to what we ought to be proceed. That is why in the meeting I doing with Saudi Arabia in terms of asked the President to submit to the Beyond the always vital matter of hon- oring basic constitutional principle, I urge long-range policy and long-range plan- Congress his request for an authoriza- you to promptly seek Congressional author- ning. When we moved into the gulf war tion for the use of force so that matter ity for the use of force against Iraq because, in 1991, it was an emergency situation, could be decided by the Congress in ac- just as in 1991, this democratic exercise is by but the plan was supposed to enable cordance with constitutional provi- far the best way to clarify both the legiti- the Saudis to have time to defend sions. mate means and the legitimate ends which themselves and to take action in their Mr. President, I noted that I made underlie our national policy towards Saddam own defense, and that has not hap- that request to the President, and I Hussein. pened. Every time Saddam Hussein commented about a letter which I had A congressional debate now will focus you moves, there is significant expenditure sent to the President yesterday on that and the Congress, and ultimately the Amer- subject. I ask unanimous consent that ican people, on what our policy should be at of U.S. resources and U.S. money. this time in the Persian Gulf. It will define In the middle of the discussion, we the text of that letter be printed in the national understanding and hopefully shape had the point raised about whether the RECORD. a national consensus on the key questions defense budget is adequate and a very There being no objection, the letter which must be answered as the potential for blunt reference to the Chief of Staff, was ordered to be printed in the deeper conflict grows—questions such as the Mr. Panetta, as to agreeing to the fig- RECORD, as follows: proper burden sharing we must demand from ures which have come from the appro- U.S. SENATE, our allies in the region and around the world priators, and that also was obviously a SELECT COMMITTEE ON INTELLIGENCE, and, most importantly, about an exit strat- matter of fundamental importance by Washington, DC, September 16, 1996. egy to ensure a way back home, in reason- Hon. WILLIAM JEFFERSON CLINTON, able time and at reasonable cost, for the the Congress because we are the appro- troops we so rapidly send today into harm’s priators and we have had the adminis- President of the United States, The White House, Washington, DC. way. tration take the position that the ad- DEAR MR. PRESIDENT: I am writing to you Thank you for your consideration. ministration does not like what the to express my growing concerns over the es- Sincerely, Congress is doing by way of appropria- calation of U.S. military activity in and Arlen Specter.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10626 CONGRESSIONAL RECORD — SENATE September 17, 1996 INTELLIGENCE AUTHORIZATION TITLE V—ECONOMIC ESPIONAGE TITLE I—INTELLIGENCE ACTIVITIES ACT FOR FISCAL YEAR 1997 Sec. 501. Short title. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 502. Prevention of economic espionage Funds are hereby authorized to be appro- Mr. SPECTER. Mr. President, at the and protection of proprietary priated for fiscal year 1997 for the conduct of outset of my comments, I asked unani- economic information. the intelligence and intelligence-related ac- mous consent that I might proceed on TITLE VI—COMBATTING tivities of the following elements of the the 1997 intelligence authorization bill. PROLIFERATION United States Government: (1) The Central Intelligence Agency. I had not intended to comment on this Sec. 601. Short title. subject when coming to the floor, but (2) The Department of Defense. Subtitle A—Assessment of Organization and (3) The Defense Intelligence Agency. when I arrived here, I was advised that Structure of Government for Combatting this issue is ripe for consideration, and (4) The National Security Agency. Proliferation (5) The Department of the Army, the De- I was asked by the staff if I would han- Sec. 611. Establishment of commission. partment of the Navy, and the Department dle it in a leadership capacity, since I Sec. 612. Duties of commission. of the Air Force. am the only Senator in the Chamber. I Sec. 613. Powers of commission. (6) The Department of State. would like to proceed to do that at this Sec. 614. Commission personnel matters. (7) The Department of Treasury. point. Sec. 615. Termination of commission. (8) The Department of Energy. Sec. 616. Definition. (9) The Federal Bureau of Investigation. From the script prepared by the Sec. 617. Authorization of appropriations. staff, I now ask unanimous consent (10) The Drug Enforcement Administra- Subtitle B—Other Matters that the Senate proceed to the imme- tion. (11) The National Reconnaissance Office. diate consideration of Calendar No. 543, Sec. 621. Reports on acquisition of tech- nology relating to weapons of (12) The Central Imagery Office. S. 1718, which is entitled the Intel- mass destruction and advanced SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ligence authorization bill. conventional munitions. TIONS. The PRESIDING OFFICER. The TITLE VII—RENEWAL AND REFORM OF (a) SPECIFICATIONS OF AMOUNTS AND PER- clerk will report. INTELLIGENCE ACTIVITIES SONNEL CEILINGS.—The amounts authorized The legislative clerk read as follows: to be appropriated under section 101, and the Sec. 701. Short title. authorized personnel ceilings as of Sep- A bill (S. 1718) to authorize appropriations Sec. 702. Committee on Foreign Intelligence. tember 30, 1997, for the conduct of the intel- for fiscal year 1997 for intelligence and intel- Sec. 703. Annual reports on intelligence. ligence and intelligence-related activities of ligence related activities of the United Sec. 704. Transnational threats. the elements listed in such section, are those Sec. 705. Office of the Director of Central In- States Government, the Community Man- specified in the classified Schedule of Au- telligence. agement Account, and for the Central Intel- thorizations prepared to accompany the con- Sec. 706. National Intelligence Council. ligence Agency Retirement and Disability ference report on the bill ll of the One Sec. 707. Enhancement of authority of Direc- System, and for other purposes. Hundred Fourth Congress. tor of Central Intelligence to The PRESIDING OFFICER. Is there (b) AVAILABILITY OF CLASSIFIED SCHEDULE manage budget, personnel, and OF AUTHORIZATIONS.—The Schedule of Au- objection to the immediate consider- activities of intelligence com- ation of the bill? thorizations shall be made available to the munity. Committees on Appropriations of the Senate There being no objection, the Senate ø Sec. 708. Reallocation of responsibilities of and House of Representatives and to the proceeded to consider the bill which Director of Central Intelligence President. The President shall provide for had been reported from the Committee and Secretary of Defense for in- suitable distribution of the Schedule, or of on Governmental Affairs, with amend- telligence activities under Na- appropriate portions of the Schedule, within ments, as follows: tional Foreign Intelligence Pro- the executive branch. gram.¿ SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (The parts of the bill intended to be Sec. 708. Responsibilities of Secretary of De- stricken are shown in boldface brack- (a) AUTHORITY FOR ADJUSTMENTS.—With fense pertaining to the National the approval of the Director of the Office of ets and the parts of the bill intended to Foreign Intelligence Program. be inserted are shown in italic.) Management and Budget, the Director of Sec. 709. Improvement of intelligence collec- Central Intelligence may authorize employ- S. 1718 tion. ment of civilian personnel in excess of the Sec. 710. Improvement of analysis and pro- Be it enacted by the Senate and House of Rep- number authorized for fiscal year 1997 under duction of intelligence. resentatives of the United States of America in section 102 when the Director of Central In- Sec. 711. Improvement of administration of Congress assembled, telligence determines that such action is intelligence activities. necessary to the performance of important SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 712. Pay level of Assistant Directors of intelligence functions, except that the num- (a) SHORT TITLE.—This Act may be cited as Central Intelligence. ber of personnel employed in excess of the the ‘‘Intelligence Authorization Act for Fis- Sec. 713. General Counsel of the Central In- number authorized under such section may cal Year 1997’’. telligence Agency. not, for any element of the intelligence com- (b) TABLE OF CONTENTS.—The table of con- Sec. 714. Office of Congressional Affairs of munity, exceed two percent of the number of tents for this Act is as follows: øthe Intelligence Commu- civilian personnel authorized under such sec- nity.¿ the Director of Central In- Sec. 1. Short title; table of contents. tion for such element. TITLE I—INTELLIGENCE ACTIVITIES telligence. (b) NOTICE TO INTELLIGENCE COMMITTEES.— Sec. 715. Assistance for law enforcement Sec. 101. Authorization of appropriations. The Director of Central Intelligence shall agencies by intelligence com- promptly notify the Permanent Select Com- Sec. 102. Classified schedule of authoriza- munity. tions. mittee on Intelligence of the House of Rep- Sec. 716. Appointment and evaluation of of- resentatives and the Select Committee on Sec. 103. Personnel ceiling adjustments. ficials responsible for intel- Sec. 104. Community Management Account. Intelligence of the Senate whenever he exer- ligence-related activities. cises the authority granted by this section. TITLE II—CENTRAL INTELLIGENCE øSec. 717. Intelligence Community Senior SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. AGENCY RETIREMENT AND DIS- Executive Service.¿ (a) AUTHORIZATIONS OF APPROPRIATIONS.— ABILITY SYSTEM Sec. ø718.¿ 717. Requirements for submittal There is authorized to be appropriated for of budget information on intel- Sec. 201. Authorization of appropriations. the Community Management Account of the ligence activities. TITLE III—GENERAL PROVISIONS Director of Central Intelligence for fiscal Sec. ø719.¿ 718. Terms of service for mem- year 1997 the sum of $95,526,000. Within such Sec. 301. Increase in employee compensation bers of Select Committee on In- amounts authorized, funds identified in the and benefits authorized by law. telligence of the Senate. classified Schedule of Authorizations re- Sec. 302. Restriction on conduct of intel- Sec. ø720.¿ 719. Report on intelligence com- ferred to in section 102(a) for the Advanced ligence activities. munity policy on protecting Research and Development Committee and Sec. 303. Postponement of applicability of the national information infra- the Environmental Task Force shall remain sanctions laws to intelligence structure against strategic at- activities. available until September 30, 1998. tacks. (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 304. Post-employment restrictions. TITLE VIII—NATIONAL IMAGERY AND staff of the Community Management Ac- Sec. 305. Executive branch oversight of MAPPING AGENCY count of the Director of Central Intelligence budgets of elements of the in- ø is authorized 265 full-time personnel as of telligence community. Sec. 801. Establishment. øSec. 802. Effective date.¿ September 30, 1997. Such personnel of the TITLE IV—FEDERAL BUREAU OF Sec. 801. National mission and collection Community Management Staff may be per- INVESTIGATION tasking authority for the National manent employees of the Community Man- Sec. 401. Access to telephone records. Imagery and Mapping Agency. agement Staff or personnel detailed from

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other elements of the United States Govern- (b) REPORT ELEMENTS.—The report re- cy or department of the United States has ment. quired by subsection (a) shall— violated this chapter and the court finds (c) REIMBURSEMENT.—During fiscal year (1) describe the extent to which the ele- that the circumstances surrounding the vio- 1997, any officer or employee of the United ments of the intelligence community car- lation raise the question whether or not an States or member of the Armed Forces who rying out programs and activities in the Na- officer or employee of the agency or depart- is detailed to the staff of the Community tional Foreign Intelligence Program are sub- ment acted willfully or intentionally with Management Account from another element ject to requirements imposed on other ele- respect to the violation, the agency or de- of the United States Government shall be de- ments and components of the Department of partment concerned shall promptly initiate tailed on a reimbursable basis, except that Defense under the Chief Financial Officers a proceeding to determine whether or not any such officer, employee, or member may Act of 1990 (Public Law 101–576), and the disciplinary action is warranted against the be detailed on a non-reimbursable basis for a amendments made by that Act, and the Fed- officer or employee.’’. period of less than one year for the perform- eral Financial Management Act of 1994 (title TITLE V—ECONOMIC ESPIONAGE ance of temporary functions as required by IV of Public Law 103–356), and the amend- the Director of Central Intelligence. ments made by that Act; SEC. 501. SHORT TITLE. (2) describe the extent to which such ele- This title may be cited as the ‘‘Economic TITLE II—CENTRAL INTELLIGENCE AGEN- Espionage Act of 1996’’. CY RETIREMENT AND DISABILITY SYS- ments submit to the Office of Management TEM and Budget budget justification materials SEC. 502. PREVENTION OF ECONOMIC ESPIO- and execution reports similar to the budget NAGE AND PROTECTION OF PROPRI- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. justification materials and execution reports ETARY ECONOMIC INFORMATION. There is authorized to be appropriated for submitted to the Office of Management and (a) IN GENERAL.—Part I of title 18, United the Central Intelligence Agency Retirement Budget by the non-intelligence components States Code, is amended by inserting after and Disability Fund for fiscal year 1997 the of the Department of Defense; chapter 27 the following new chapter: sum of $184,200,000. (3) describe the extent to which the Na- ‘‘CHAPTER 28—ECONOMIC ESPIONAGE TITLE III—GENERAL PROVISIONS tional Reconnaissance Office submits to the ‘‘Sec. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Office of Management and Budget, the Com- ‘‘571. Definitions. TION AND BENEFITS AUTHORIZED munity Management Staff, and the Office of ‘‘572. Economic espionage. BY LAW. the Secretary of Defense— ‘‘573. Criminal forfeiture. Appropriations authorized by this Act for (A) complete information on the cost, ‘‘574. Import and export sanctions. salary, pay, retirement, and other benefits schedule, performance, and requirements for ‘‘575. Scope of extraterritorial jurisdiction. for Federal employees may be increased by any new major acquisition before initiating ‘‘576. Construction with other laws. such additional or supplemental amounts as the acquisition; ‘‘577. Preservation of confidentiality. may be necessary for increases in such com- (B) yearly reports (including baseline cost ‘‘578. Law enforcement and intelligence ac- pensation or benefits authorized by law. and schedule information) on major acquisi- tivities. tions; SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ‘‘§ 571. Definitions LIGENCE ACTIVITIES. (C) planned and actual expenditures in con- The authorization of appropriations by nection with major acquisitions; and ‘‘For purposes of this chapter, the fol- this Act shall not be deemed to constitute (D) variances from any cost baselines for lowing definitions shall apply: authority for the conduct of any intelligence major acquisitions (including explanations ‘‘(1) FOREIGN AGENT.—The term ‘foreign activity which is not otherwise authorized of such variances); and agent’ means any officer, employee, proxy, by the Constitution or the laws of the United (4) assess the extent to which the National servant, delegate, or representative of a for- States. Reconnaissance Office has submitted to Of- eign nation or government. SEC. 303. POSTPONEMENT OF APPLICABILITY OF fice of Management and Budget, the Commu- ‘‘(2) FOREIGN INSTRUMENTALITY.—The term SANCTIONS LAWS TO INTELLIGENCE nity Management Staff, and the Office of the ‘foreign instrumentality’ means any agency, ACTIVITIES. Secretary of Defense on a monthly basis a bureau, ministry, component, institution, Section 905 of the National Security Act of detailed budget execution report similar to association, or any legal, commercial, or 1947 (50 U.S.C. 441d) is amended by striking the budget execution report prepared for De- business organization, corporation, firm, or ‘‘the date which is one year after the date of partment of Defense programs. entity that is substantially owned, con- the enactment of this title’’ and inserting (c) DEFINITIONS.—For purposes of this sec- trolled, sponsored, commanded, managed, or ‘‘January 6, 1998’’. tion: dominated by a foreign government or any SEC. 304. POST-EMPLOYMENT RESTRICTIONS. (1) The term ‘‘congressional intelligence political subdivision, instrumentality, or (a) IN GENERAL.—Not later than 90 days committees’’ shall mean the Select Com- other authority thereof. after the date of enactment of this Act, the mittee on Intelligence of the Senate and the ‘‘(3) OWNER.—The term ‘owner’ means the Director of Central Intelligence shall pre- Permanent Select Committee on Intelligence person or persons in whom, or the United scribe regulations requiring each new and of the House of Representatives. States Government component, department, current employee of the Central Intelligence (2) The term ‘‘National Foreign Intel- or agency in which, rightful legal, beneficial, Agency to sign a written agreement restrict- ligence Program’’ has the meaning given or equitable title to, or license in, propri- ing the activities of that employee upon such term in section 3(6) of the National Se- etary economic information is reposed. ceasing employment with the Central Intel- curity Act of 1947 (50 U.S.C. 401a(6)). ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.— ligence Agency. TITLE IV—FEDERAL BUREAU OF The term ‘proprietary economic informa- (b) AGREEMENT ELEMENTS.—The regula- INVESTIGATION tion’ means all forms and types of financial, tions shall provide that an agreement con- business, scientific, technical, economic, or SEC. 401. ACCESS TO TELEPHONE RECORDS. engineering information (including data, tain provisions specifying that the employee (a) ACCESS FOR COUNTERINTELLIGENCE PUR- plans, tools, mechanisms, compounds, for- concerned not represent or advise the gov- POSES.—Section 2709(b)(1) of title 18, United mulas, designs, prototypes, processes, proce- ernment, or any political party, of a foreign States Code, is amended by inserting ‘‘local dures, programs, codes, or commercial strat- country during the five-year period begin- and long distance’’ before ‘‘toll billing ning on the termination of the employee’s records’’. egies, whether tangible or intangible, and employment with the Central Intelligence (b) CONFORMING AMENDMENT.—Section whether stored, compiled, or memorialized Agency. 2703(c)(1)(C) of such title is amended by in- physically, electronically, graphically, pho- (c) DISCIPLINARY ACTIONS.—The regulations serting ‘‘local and long distance’’ after ‘‘ad- tographically, or in writing), if— shall specify appropriate disciplinary actions dress,’’. ‘‘(A) the owner thereof has taken reason- (including loss of retirement benefits) to be (c) CIVIL REMEDY.—Section 2707 of such able measures to keep such information con- taken against any employee determined by title is amended— fidential; and the Director of Central Intelligence to have (1) in subsection (a), by striking ‘‘cus- ‘‘(B) the information derives independent violated the agreement of the employee tomer’’ and inserting ‘‘other person’’; economic value, actual or potential, from under this section. (2) in subsection (c), by adding at the end not being generally known to, and not being SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF the following: ‘‘If the violation is willful or readily ascertainable through proper means BUDGETS OF ELEMENTS OF THE IN- intentional, the court may assess punitive by, the public. TELLIGENCE COMMUNITY. damages. In the case of a successful action to ‘‘(5) UNITED STATES PERSON.—The term (a) REPORT.—Not later than 90 days after enforce liability under this section, the court ‘United States person’ means— the date of the enactment of this Act, the may assess the costs of the action, together ‘‘(A) in the case of a natural person, a cit- President shall submit to the congressional with reasonable attorney fees determined by izen of the United States or a permanent intelligence committees a report setting the court.’’; resident alien of the United States; and forth the actions that have been taken to en- (3) by redesignating subsections (d) and (e) ‘‘(B) in the case of an organization (as that sure adequate oversight by the executive as subsections (e) and (f), respectively; and term is defined in section 18 of this title), an branch of the budget of the National Recon- (4) by inserting after subsection (c) the fol- entity substantially owned or controlled by naissance Office and the budgets of other ele- lowing new subsection (d): citizens of the United States or permanent ments of the intelligence community within ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLA- resident aliens of the United States, or in- the Department of Defense. TIONS.—If a court determines that any agen- corporated in the United States.

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‘‘§ 572. Economic espionage riod of not longer than 5 years, the importa- (c) CONFORMING AMENDMENT.—Section ‘‘(a) IN GENERAL.—Any person who, with tion into, or exportation from, the United 2516(1)(a) of title 18, United States Code, is knowledge or reason to believe that he or she States, whether by carriage of tangible items amended by inserting ‘‘chapter 28 (relating is acting on behalf of, or with the intent to or by transmission, any merchandise pro- to economic espionage),’’ after ‘‘or under the benefit, any foreign nation, government, in- duced, made, assembled, or manufactured by following chapters of this title:’’. strumentality, or agent, knowingly— a person convicted of any offense described TITLE VI—COMBATTING PROLIFERATION ‘‘(1) steals, wrongfully appropriates, takes, in section 572 of this title, or in the case of SEC. 601. SHORT TITLE. carries away, or conceals, or by fraud, arti- an organization convicted of any offense de- This title may be cited as the ‘‘Combatting fice, or deception obtains proprietary eco- scribed in such section, its successor entity Proliferation of Weapons of Mass Destruc- nomic information; or entities. tion Act of 1996’’. ‘‘(b) ACTION BY THE SECRETARY OF THE ‘‘(2) wrongfully copies, duplicates, Subtitle A—Assessment of Organization and TREASURY.— sketches, draws, photographs, downloads, Structure of Government for Combatting ‘‘(1) CIVIL PENALTY.—The Secretary of the uploads, alters, destroys, photocopies, rep- Proliferation licates, transmits, delivers, sends, mails, Treasury may impose on any person who SEC. 611. ESTABLISHMENT OF COMMISSION. communicates, or conveys proprietary eco- knowingly violates any order of the Presi- (a) ESTABLISHMENT.—There is established a nomic information; dent issued under the authority of this sec- commission to be known as the Commission ‘‘(3) being entrusted with, or having lawful tion, a civil penalty equal to not more than to Assess the Organization of the Federal possession or control of, or access to, propri- 5 times the value of the exports or imports Government to Combat the Proliferation of etary economic information, wrongfully cop- involved, or $100,000, whichever is greater. Weapons of Mass Destruction (in this sub- ies, duplicates, sketches, draws, photo- ‘‘(2) SEIZURE AND FORFEITURE.—Any mer- title referred to as the ‘‘Commission’’). graphs, downloads, uploads, alters, destroys, chandise imported or exported in violation of (b) MEMBERSHIP.—The Commission shall be photocopies, replicates, transmits, delivers, an order of the President issued under this composed of eight members of whom— sends, mails, communicates, or conveys the section shall be subject to seizure and for- (1) four shall be appointed by the Presi- same; feiture in accordance with sections 602 dent; ‘‘(4) receives, buys, or possesses propri- through 619 of the Tariff Act of 1930. (2) one shall be appointed by the Majority etary economic information, knowing the ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— Leader of the Senate; same to have been stolen or wrongfully ap- The provisions of law relating to seizure, (3) one shall be appointed by the Minority propriated, obtained, or converted; summary and judicial forfeiture, and con- Leader of the Senate; ‘‘(5) attempts to commit any offense de- demnation of property for violation of the (4) one shall be appointed by the Speaker scribed in any of paragraphs (1) through (4); United States customs laws, the disposition of the House of Representatives; and ‘‘(6) wrongfully solicits another to commit of such property or the proceeds from the (5) one shall be appointed by the Minority any offense described in any of paragraphs sale thereof, the remission or mitigation of Leader of the House of Representatives. (1) through (4); or such forfeiture, and the compromise of claims, shall apply to seizures and forfeit- (c) QUALIFICATIONS OF MEMBERS.—(1) To ‘‘(7) conspires with one or more other per- the maximum extent practicable, the indi- sons to commit any offense described in any ures incurred, or alleged to have been in- curred under this section to the extent that viduals appointed as members of the Com- of paragraphs (1) through (4), and one or mission shall be individuals who are nation- more of such persons do any act to effect the they are applicable and not inconsistent with the provisions of this chapter. ally recognized for expertise regarding— object of the conspiracy, (A) the nonproliferation of weapons of shall, except as provided in subsection (b), be ‘‘§ 575. Scope of extraterritorial jurisdiction mass destruction; fined not more than $500,000 or imprisoned ‘‘This chapter applies— (B) the efficient and effective implementa- not more than 25 years, or both. ‘‘(1) to conduct occurring within the tion of United States nonproliferation pol- ‘‘(b) ORGANIZATIONS.—Any organization United States; and icy; or that commits any offense described in sub- ‘‘(2) to conduct occurring outside the (C) the implementation, funding, or over- section (a) shall be fined not more than United States if— sight of the national security policies of the $10,000,000. ‘‘(A) the offender is a United States person; United States. ‘‘(c) EXCEPTION.—It shall not be a violation or (2) An official who appoints members of the of this section to disclose proprietary eco- ‘‘(B) the act in furtherance of the offense Commission may not appoint an individual nomic information in the case of— was committed in the United States. as a member if, in the judgment of the offi- ‘‘(1) appropriate disclosures to Congress; or ‘‘§ 576. Construction with other laws cial, the individual possesses any personal or ‘‘(2) disclosures to an authorized official of financial interest in the discharge of any of ‘‘This chapter shall not be construed to an executive agency that are deemed essen- the duties of the Commission. preempt or displace any other remedies, tial to reporting a violation of United States (d) PERIOD OF APPOINTMENT; VACANCIES.— whether civil or criminal, provided by Fed- law. Members shall be appointed for the life of eral, State, commonwealth, possession, or the Commission. Any vacancy in the Com- ‘‘§ 573. Criminal forfeiture territorial laws that are applicable to the mission shall not affect its powers, but shall ‘‘(a) IN GENERAL.—Notwithstanding any misappropriation of proprietary economic be filled in the same manner as the original provision of State law to the contrary, any information. person convicted of a violation under this appointment. ‘‘§ 577. Preservation of confidentiality (e) INITIAL MEETING.—No later than 30 days chapter shall forfeit to the United States— after the date on which all members of the ‘‘(1) any property constituting, or derived ‘‘In any prosecution or other proceeding Commission have been appointed, the Com- from, any proceeds the person obtained, di- under this chapter, the court shall enter mission shall hold its first meeting. rectly or indirectly, as the result of such vio- such orders and take such other action as (f) QUORUM.—A majority of the members of lation; and may be necessary and appropriate to pre- the Commission shall constitute a quorum, ‘‘(2) any of the property of that person serve the confidentiality of proprietary eco- but a lesser number of members may hold used, or intended to be used, in any manner nomic information, consistent with the re- hearings. or part, to commit or facilitate the commis- quirements of the Federal Rules of Criminal (g) CHAIRMAN AND VICE CHAIRMAN.—The sion of such violation. Procedure, the Federal Rules of Civil Proce- dure, the Federal Rules of Evidence, and all Commission shall select a Chairman and ‘‘(b) COURT ACTION.—The court, in impos- Vice Chairman from among its members. ing sentence on such person, shall order, in other applicable laws. An interlocutory ap- peal by the United States shall lie from a de- (h) MEETINGS.—The Commission shall meet addition to any other sentence imposed pur- at the call of the Chairman. suant to this chapter, that the person forfeit cision or order of a district court authorizing SEC. 612. DUTIES OF COMMISSION. to the United States all property described or directing the disclosure of proprietary (a) STUDY.— in this section. economic information. (1) IN GENERAL.—The Commission shall ‘‘(c) APPLICABILITY OF OTHER LAW.—Prop- ‘‘§ 578. Law enforcement and intelligence ac- carry out a thorough study of the organiza- erty subject to forfeiture under this section, tivities tion of the Federal Government, including any seizure and disposition thereof, and any ‘‘This chapter does not prohibit, and shall the elements of the intelligence community, administrative or judicial proceeding in rela- not impair, any lawful activity conducted by with respect to combatting the proliferation tion thereto, shall be governed by the provi- a law enforcement or regulatory agency of of weapons of mass destruction. sions of section 413 of the Comprehensive the United States, a State, or a political sub- (2) SPECIFIC REQUIREMENTS.—In carrying Drug Abuse Prevention and Control Act of division of a State, or an intelligence agency out the study, the Commission shall— 1970 (21 U.S.C. 853), other than subsection (d) of the United States.’’. (A) assess the current structure and orga- of that section. (b) CLERICAL AMENDMENT.—The table of nization of the departments and agencies of ‘‘§ 574. Import and export sanctions chapters at the beginning of part I of title 18, the Federal Government having responsibil- ‘‘(a) ACTION BY THE PRESIDENT.—The Presi- United States Code, is amended by inserting ities for combatting the proliferation of dent may, to the extent consistent with after the item relating to chapter 27 the fol- weapons of mass destruction; and international agreements to which the lowing new item: (B) assess the effectiveness of United United States is a party, prohibit, for a pe- ‘‘28. Economic espionage ...... 571’’. States cooperation with foreign governments

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POWERS OF COMMISSION. intermittent services under section 3109(b) of including cooperation— (a) HEARINGS.—The Commission may hold title 5, United States Code, at rates for indi- (i) between elements of the intelligence such hearings, sit and act at such times and viduals which do not exceed the daily equiva- community and elements of the intelligence- places, take such testimony, and receive lent of the annual rate of basic pay pre- gathering services of foreign governments; such evidence as the Commission considers scribed for level V of the Executive Schedule (ii) between other departments and agen- advisable to carry out the purposes of this under section 5316 of such title. cies of the Federal Government and the subtitle. SEC. 615. TERMINATION OF COMMISSION. counterparts to such departments and agen- (b) INFORMATION FROM FEDERAL AGEN- The Commission shall terminate 60 days cies in foreign governments; and CIES.— after the date on which the Commission sub- (iii) between the Federal Government and (1) IN GENERAL.—The Commission may se- mits its report under section 612(c). international organizations. cure directly from any Federal department SEC. 616. DEFINITION. (3) ASSESSMENTS.—In making the assess- or agency such information as the Commis- For purposes of this subtitle, the term ‘‘in- ments under paragraph (2), the Commission sion considers necessary to carry out the telligence community’’ shall have the mean- should address— provisions of this subtitle. Upon request of ing given such term in section 3(4) of the Na- (A) the organization of the export control the Chairman of the Commission, the head of tional Security Act of 1947 (50 U.S.C. 401a(4)). activities (including licensing and enforce- such department or agency shall furnish SEC. 617. AUTHORIZATION OF APPROPRIATIONS. ment activities) of the Federal Government such information to the Commission. (a) IN GENERAL.—There are authorized to relating to the proliferation of weapons of (2) CLASSIFIED INFORMATION.—A depart- be appropriated for the Commission for fiscal mass destruction; ment or agency may furnish the Commission year 1997 such sums as may be necessary for (B) arrangements for coordinating the classified information under this subsection. the Commission to carry out its duties under funding of United States nonproliferation ac- The Commission shall take appropriate ac- this subtitle. tivities; tions to safeguard classified information fur- (b) AVAILABILITY.—Amounts appropriated (C) existing arrangements governing the nished to the Commission under this para- pursuant to the authorization of appropria- flow of information among departments and graph. tions in subsection (a) shall remain available agencies of the Federal Government respon- (c) POSTAL SERVICES.—The Commission for expenditure until the termination of the sible for nonproliferation activities; may use the United States mails in the same Commission under section 615. (D) the effectiveness of the organization manner and under the same conditions as Subtitle B—Other Matters and function of interagency groups in ensur- other departments and agencies of the Fed- ing implementation of United States treaty eral Government. SEC. 621. REPORTS ON ACQUISITION OF TECH- NOLOGY RELATING TO WEAPONS OF obligations, laws, and policies with respect (d) GIFTS.—The Commission may accept, MASS DESTRUCTION AND AD- to nonproliferation; use, and dispose of gifts or donations of serv- VANCED CONVENTIONAL MUNI- (E) the administration of sanctions for pur- ices or property. TIONS. poses of nonproliferation, including the SEC. 614. COMMISSION PERSONNEL MATTERS. (a) REPORTS.—Not later than 6 months measures taken by departments and agencies (a) COMPENSATION OF MEMBERS.—Each after the date of the enactment of this Act, of the Federal Government to implement, as- member of the Commission who is not an of- and every 6 months thereafter, the Director sess, and enhance the effectiveness of such ficer or employee of the Federal Government of Central Intelligence shall submit to Con- sanctions; shall be compensated at a rate equal to the gress a report on— (F) the organization, management, and daily equivalent of the annual rate of basic (1) the acquisition by foreign countries oversight of United States pay prescribed for level IV of the Executive during the preceding 6 months of dual-use counterproliferation activities; Schedule under section 5315 of title 5, United and other technology useful for the develop- (G) the recruitment, training, morale, ex- States Code, for each day (including travel ment or production of weapons of mass de- pertise, retention, and advancement of Fed- time) during which such member is engaged struction (including nuclear weapons, chem- eral Government personnel responsible for in the performance of the duties of the Com- ical weapons, and biological weapons) and the nonproliferation functions of the Federal mission. All members of the Commission advanced conventional munitions; and Government, including any problems in such who are officers or employees of the United (2) trends in the acquisition of such tech- activities; States shall serve without compensation in nology by such countries. (H) the role in United States nonprolifera- addition to that received for their services as (b) FORM OF REPORTS.—The reports sub- tion activities of the National Security officers or employees of the United States. mitted under subsection (a) shall be sub- Council, the Office of Management and Budg- (b) TRAVEL EXPENSES.—The members of mitted in unclassified form, but may include et, the Office of Science and Technology Pol- the Commission shall be allowed travel ex- a classified annex. icy, and other offices in the Executive Office penses, including per diem in lieu of subsist- TITLE VII—RENEWAL AND REFORM OF of the President having responsibilities for ence, at rates authorized for employees of INTELLIGENCE ACTIVITIES such activities; agencies under subchapter I of chapter 57 of SEC. 701. SHORT TITLE. (I) the organization of the activities of the title 5, United States Code, while away from This title may be cited as the ‘‘Intelligence Federal Government to verify government- their homes or regular places of business in Activities Renewal and Reform Act of 1996’’. to-government assurances and commitments the performance of services for the Commis- with respect to nonproliferation, including SEC. 702. COMMITTEE ON FOREIGN INTEL- sion. LIGENCE. assurances regarding the future use of com- (c) STAFF.— Section 101 of the National Security Act of modities exported from the United States; (1) IN GENERAL.—The Chairman of the Com- 1947 (50 U.S.C. 402) is amended— and mission may, without regard to the civil (1) by redesignating subsection (h) as sub- (J) the costs and benefits to the United service laws and regulations, appoint and section (j); and States of increased centralization and of de- terminate an executive director and such (2) by inserting after subsection (g) the fol- creased centralization in the administration other additional personnel as may be nec- lowing new subsection (h): of the nonproliferation activities of the Fed- essary to enable the Commission to perform ‘‘(h)(1) There is established within the Na- eral Government. its duties. The employment of an executive tional Security Council a committee to be (b) RECOMMENDATIONS.—In conducting the director shall be subject to confirmation by known as the ‘Committee on Foreign Intel- study, the Commission shall develop rec- the Commission. ligence’. ommendations on means of improving the ef- (2) COMPENSATION.—The Chairman of the ‘‘(2) The Committee shall be composed of fectiveness of the organization of the depart- Commission may fix the compensation of the the following: ments and agencies of the Federal Govern- executive director and other personnel with- ‘‘(A) The Director of Central Intelligence. ment in meeting the national security inter- out regard to the provisions of chapter 51 and ests of the United States with respect to the ‘‘(B) The Secretary of State. subchapter III of chapter 53 of title 5, United proliferation of weapons of mass destruction. ‘‘(C) The Secretary of Defense. States Code, relating to classification of po- Such recommendations shall include specific ‘‘(D) The Assistant to the President for Na- recommendations to eliminate duplications sitions and General Schedule pay rates, ex- tional Security Affairs, who shall serve as of effort, and other inefficiencies, in and cept that the rate of pay for the executive di- the chairperson of the Committee. among such departments and agencies. rector and other personnel may not exceed ‘‘(E) Such other members as the President (c) REPORT.—(1) Not later than 18 months the rate payable for level V of the Executive may designate. after the date of the enactment of this Act, Schedule under section 5316 of such title. ‘‘(3) The function of the Committee shall the Commission shall submit to Congress a (d) DETAIL OF GOVERNMENT EMPLOYEES.— be to assist the Council in its activities by— report containing a detailed statement of the Any Federal Government employee may be ‘‘(A) identifying the intelligence required findings and conclusions of the Commission, detailed to the Commission without reim- to address the national security interests of together with its recommendations for such bursement, and such detail shall be without the United States as specified by the Presi- legislation and administrative actions as it interruption or loss of civil service status or dent; considers appropriate. privilege. ‘‘(B) establishing priorities (including (2) The report shall be submitted in unclas- (e) PROCUREMENT OF TEMPORARY AND funding priorities) among the programs, sified form, but may include a classified INTERMITTENT SERVICES.—The Chairman of projects, and activities that address such in- annex. the Commission may procure temporary and terests and requirements; and

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‘‘(C) establishing policies relating to the ‘‘ANNUAL REPORT ON INTELLIGENCE’’. nating subparagraphs (A), (B), and (C) as conduct of intelligence activities of the (2) The table of contents in the first sec- paragraphs (1), (2), and (3), respectively; and United States, including appropriate roles tion of that Act is amended by striking the (C) by striking subsection (d) and inserting and missions for the elements of the intel- item relating to section 109 and inserting the the following: ligence community and appropriate targets following new item: ‘‘(d)(1) There is an Office of the Director of of intelligence collection activities. Central Intelligence. The function of the Of- ‘‘(4) In carrying out its function, the Com- ‘‘Sec. 109. Annual report on intelligence.’’. fice is to assist the Director of Central Intel- mittee shall— SEC. 704. TRANSNATIONAL THREATS. ligence in carrying out the duties and re- ‘‘(A) conduct an annual review of the na- Section 101 of the National Security Act of sponsibilities of the Director under this Act tional security interests of the United 1947 (50 U.S.C. 402) is amended by inserting and to carry out such other duties as may be States; after subsection (h), as amended by section prescribed by law. ‘‘(B) identify on an annual basis, and at 702 of this Act, the following new subsection: ‘‘(2) The Office of the Director of Central such other times as the Council may require, ‘‘(i)(1) There is established within the Na- Intelligence is composed of the following: the intelligence required to meet such inter- tional Security Council a committee to be ‘‘(A) The Director of Central Intelligence. ests and establish an order of priority for the known as the ‘Committee on Transnational ‘‘(B) The Deputy Director of Central Intel- collection and analysis of such intelligence; Threats’. ligence. and ‘‘(2) The Committee shall include the fol- ‘‘(C) The National Intelligence Council. ‘‘(C) conduct an annual review of the ele- lowing members: ‘‘(D) The Assistant Director of Central In- ments of the intelligence community in ‘‘(A) The Director of Central Intelligence. telligence for Collection. order to determine the success of such ele- ‘‘(B) The Secretary of State. ‘‘(E) The Assistant Director of Central In- ments in collecting, analyzing, and dissemi- ‘‘(C) The Secretary of Defense. telligence for Analysis and Production. nating the intelligence identified under sub- ‘‘(D) The Attorney General. ‘‘(F) The Assistant Director of Central In- telligence for Administration. paragraph (B). ‘‘(E) The Assistant to the President for Na- ‘‘(5) The Committee shall submit each year tional Security Affairs, who shall serve as ‘‘(G) Such other offices and officials as to the Council and to the Director of Central the chairperson of the Committee. may be established by law or the Director of Intelligence a comprehensive report on its ‘‘(F) Such other members as the President Central Intelligence may establish or des- activities during the preceding year, includ- may designate. ignate in the Office. ‘‘(3) To assist the Director in fulfilling the ing its activities under paragraphs (3) and ‘‘(3) The function of the Committee shall responsibilities of the Director as head of the (4).’’. be to coordinate and direct the activities of intelligence community, the Director shall SEC. 703. ANNUAL REPORTS ON INTELLIGENCE. the United States Government relating to combatting transnational threats. employ and utilize in the Office of the Direc- (a) IN GENERAL.—Section 109 of the Na- tor of Central Intelligence a professional ‘‘(4) In carrying out its function, the Com- tional Security Act of 1947 (50 U.S.C. 404d) is staff having an expertise in matters relating mittee shall— amended by striking out subsections (a) and to such responsibilities and may establish ‘‘(A) identify transnational threats; (b) and inserting in lieu thereof the following permanent positions and appropriate rates of ‘‘(B) develop strategies to enable the new subsections: pay with respect to that staff.’’; and United States Government to respond to ‘‘SEC. 109. (a) IN GENERAL.—(1) Not later (2) by inserting after section 102, as so than January 31 each year, the President transnational threats identified under sub- amended, the following new section: shall submit to the appropriate congres- paragraph (A); ‘‘CENTRAL INTELLIGENCE AGENCY sional committees a report on the require- ‘‘(C) monitor implementation of such ments of the United States for intelligence strategies; ‘‘SEC. 102A. There is a Central Intelligence and the activities of the intelligence commu- ‘‘(D) make recommendations as to appro- Agency. The function of the Agency shall be to assist the Director of Central Intelligence nity. priate responses to specific transnational ‘‘(2) The purpose of the report is to facili- threats; in carrying out the responsibilities referred tate an assessment of the activities of the in- ‘‘(E) assist in the resolution of operational to in paragraphs (1) through (4) of section telligence community during the preceding and policy differences among Federal depart- 103(d) of this Act.’’. (b) CLERICAL AMENDMENT.—The table of fiscal year and to assist in the development ments and agencies in their responses to contents in the first section of that Act is of a mission and a budget for the intelligence transnational threats; amended by striking the item relating to ‘‘(F) develop policies and procedures to en- community for the fiscal year beginning in section 102 and inserting the following new the year in which the report is submitted. sure the effective sharing of information items: ‘‘(3) The report shall be submitted in un- about transnational threats among Federal classified form, but may include a classified departments and agencies, including law en- ‘‘Sec. 102. Office of the Director of Central annex. forcement agencies and the elements of the Intelligence. ‘‘Sec. 102A. Central Intelligence Agency.’’. ‘‘(b) MATTERS COVERED.—(1) Each report intelligence community; and under subsection (a) shall— ‘‘(G) develop guidelines to enhance and im- SEC. 706. NATIONAL INTELLIGENCE COUNCIL. Section 103(b) of the National Security Act ‘‘(A) specify the intelligence required to prove the coordination of activities of Fed- of 1947 (50 U.S.C. 403–3(b)) is amended— meet the national security interests of the eral law enforcement agencies and elements (1) in paragraph (1)(B), by inserting ‘‘, or as United States, and set forth an order of pri- of the intelligence community outside the contractors of the Council or employees of ority for the collection and analysis of intel- United States with respect to transnational such contractors,’’ after ‘‘on the Council’’; ligence required to meet such interests, for threats. (2) by redesignating paragraphs (4) and (5) the fiscal year beginning in the year in ‘‘(5) For purposes of this subsection, the as paragraphs (5) and (6), respectively; which the report is submitted; and term ‘transnational threat’ means the fol- ‘‘(B) evaluate the performance of the intel- (3) by inserting after paragraph (3) the fol- lowing: lowing new paragraph (4): ligence community in collecting and ana- ‘‘(A) Any transnational activity (including ‘‘(4) Subject to the direction and control of lyzing intelligence required to meet such in- international terrorism, narcotics traf- the Director of Central Intelligence, the Cen- terests during the fiscal year ending in the ficking, the proliferation of weapons of mass ter may carry out its responsibilities under year preceding the year in which the report destruction and the delivery systems for this subsection by contract, including con- is submitted, including a description of the such weapons, and organized crime) that tracts for substantive experts necessary to significant successes and significant failures threatens the national security of the United assist the Center with particular assess- of the intelligence community in such col- States. ments under this subsection.’’; and lection and analysis during that fiscal year. ‘‘(B) Any individual or group that engages (4) in paragraph (5), as so redesignated, by ‘‘(2) The report shall specify matters under in an activity referred to in subparagraph adding at the end the following: ‘‘The Center paragraph (1)(A) in sufficient detail to assist (A).’’. shall also be readily accessible to policy- Congress in making decisions with respect to SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL making officials and other appropriate indi- the allocation of resources for the matters INTELLIGENCE. viduals not otherwise associated with the in- specified. (a) IN GENERAL.—Title I of The National telligence community.’’. ‘‘(c) DEFINITION.—In this section, the term Security Act of 1947 (50 U.S.C. 402 et seq.) is SEC. 707. ENHANCEMENT OF AUTHORITY OF DI- ‘appropriate congressional committees’ amended— RECTOR OF CENTRAL INTEL- means the following: (1) in section 102 (50 U.S.C. 403)— LIGENCE TO MANAGE BUDGET, PER- ‘‘(1) The Select Committee on Intelligence, (A) by striking the section heading and all SONNEL, AND ACTIVITIES OF INTEL- the Committee on Appropriations, and the that follows through paragraph (1) of sub- LIGENCE COMMUNITY. (a) IN GENERAL.—Section 103(c) of the Na- Committee on Armed Services of the Senate. section (a) and inserting the following: ‘‘(2) The Permanent Select Committee on tional Security Act of 1947 (50 U.S.C. 403–3(c)) Intelligence, the Committee on Appropria- ‘‘OFFICE OF THE DIRECTOR OF CENTRAL is amended— tions, and the Committee on National Secu- INTELLIGENCE (1) by striking paragraph (1) and inserting rity of the House of Representatives.’’. ‘‘SEC. 102.’’; the following new paragraph (1): (b) CONFORMING AMENDMENTS.—(1) The sec- (B) by redesignating paragraph (2) of sub- ‘‘(1) facilitate the development of an an- tion heading of such section is amended to section (a) as subsection (a) and in such sub- nual budget for intelligence and intelligence- read as follows: section (a), as so redesignated, by redesig- related activities of the United States by—

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‘‘(A) developing and presenting to the ø(c) PERSONNEL, TRAINING, AND ADMINIS- ø‘‘Sec. 105. Responsibilities of Secretary of President an annual budget for the National TRATIVE ACTIVITIES.—Subsection (g) of such Defense and Director of Central Foreign Intelligence Program; and section, as redesignating by subsection Intelligence pertaining to Na- ø‘‘(B) concurring in the development by (b)(3)(A) of this section, is amended— tional Foreign Intelligence Pro- the Secretary of Defense of the annual budg- ø(1) by striking ‘‘USE OF PERSONNEL.—’’ gram.’’.¿ et for the Joint Military Intelligence Pro- and inserting ‘‘PERSONNEL, TRAINING, AND SEC. 708. RESPONSIBILITIES OF SECRETARY OF gram; and ADMINISTRATIVE FUNCTIONS.—’’; DEFENSE PERTAINING TO THE NA- ø‘‘(C) consulting with the Secretary of De- ø(2) in the matter preceding paragraph TIONAL FOREIGN INTELLIGENCE fense in the development of the annual budg- (1)— PROGRAM. et for the Tactical Intelligence and Related ø(A) by striking ‘‘in coordination with’’ Section 105 of the National Security Act of Activities program;’’;¿ and inserting ‘‘after consultation with’’; and 1947 (50 U.S.C. 403–5) is amended— ‘‘(B) participating in the development by the ø(B) by inserting ‘‘national elements of’’ (1) in subsection (a), by inserting ‘‘, in con- Secretary of Defense of the annual budgets for after ‘‘policies and programs within’’; and sultation with the Director of Central Intel- the Joint Military Intelligence Program and the ø(3) in paragraph (2), by striking ‘‘per- ligence,’’ after ‘‘Secretary of Defense’’ in the Tactical Intelligence and Related Activities Pro- sonnel,’’ and all that follows through ‘‘pro- matter preceding paragraph (1); and gram;’’; grams’’ and inserting ‘‘personnel programs, (2) by adding at the end the following: (2) by redesignating paragraphs (3) through administrative programs, training programs, ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR (6) as paragraphs (4) through (7), respec- and security programs and management ac- OF CENTRAL INTELLIGENCE.—The Director of tively; and tivities’’. Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the (3) by inserting after paragraph (2) the fol- ø SEC. 708. REALLOCATION OF RESPONSIBILITIES Joint Chiefs of Staff, shall submit each year to lowing new paragraph (3): OF DIRECTOR OF CENTRAL INTEL- ø‘‘(3) manage the national collection ac- LIGENCE AND SECRETARY OF DE- the Committee on Foreign Intelligence of the tivities of the intelligence community in FENSE FOR INTELLIGENCE ACTIVI- National Security Council and the appropriate order to ensure that such activities, and the TIES UNDER NATIONAL FOREIGN IN- congressional committees (as defined in section intelligence collected through such activi- TELLIGENCE PROGRAM. 109(c)) an evaluation of the performance and ties, meet the national security require- ø(a) CONSULTATION OF SECRETARY OF DE- the responsiveness of the National Security ments of the United States;’’.¿ FENSE WITH DCI REGARDING GENERAL RE- Agency, the National Reconnaissance Office, ‘‘(3) approve collection requirements, deter- SPONSIBILITIES.—Subsection (a) of section 105 and the National Imagery and Mapping Agency mine collection priorities, and resolve conflicts of the National Security Act of 1947 (50 in meeting their national missions.’’. in collection priorities levied on national collec- U.S.C. 405–5) is amended— SEC. 709. IMPROVEMENT OF INTELLIGENCE COL- tion assets, except as otherwise agreed with the ø(1) in the matter preceding paragraph (1), LECTION. Secretary of Defense pursuant to the direction by inserting ‘‘, in consultation with the Di- (a) ASSISTANT DIRECTOR OF CENTRAL INTEL- of the President;’’. rector of Central Intelligence,’’ after ‘‘Sec- LIGENCE FOR COLLECTION.—Section 102 of the ø(b) USE OF FUNDS.— retary of Defense’’; and National Security Act of 1947, as amended by ø(1) REPROGRAMMING.—Subsection (c) of ø(2) in paragraph (2), by striking ‘‘appro- section 705(a)(1) of this Act, is amended by such section is amended by inserting ‘‘or priate’’. adding at the end the following: under the Joint Military Intelligence Pro- ø(b) JOINT RESPONSIBILITY OF DCI AND SEC- ‘‘(e)(1) To assist the Director of Central In- gram’’ after ‘‘the National Foreign Intel- RETARY OF DEFENSE FOR PERFORMANCE OF telligence in carrying out the Director’s re- ligence Program’’. CERTAIN SPECIFIC FUNCTIONS.—Subsection (b) sponsibilities under this Act, there shall be ø(2) TRANSFERS.—Subsection (d)(2)(E) of of that section is amended— an Assistant Director of Central Intelligence such section is amended by striking ‘‘does ø(1) by striking ‘‘RESPONSIBILITY’’ and in- for Collection, who shall be appointed by the not object to’’ and inserting ‘‘is consulted by serting ‘‘JOINT RESPONSIBILITY OF THE DCI President, by and with the advice and con- the Director before’’. AND THE SECRETARY OF DEFENSE’’; sent of the Senate. ø(3) DIRECTION OF EXPENDITURES.—Such ø(2) in the matter preceding paragraph (1), ‘‘(2)(A) If neither the Director of Central section is further amended— by striking ‘‘Consistent with sections 103 and Intelligence nor the Deputy Director of Cen- ø(A) by redesignating subsections (e), (f), 104 of this Act,’’ and inserting ‘‘The Director tral Intelligence is a commissioned officer of and (g) as subsections (f), (g), and (h), respec- of Central Intelligence and’’; the Armed Forces at the time of the nomina- tively; and ø(3) in paragraph (2)— tion of an individual to the position of As- ø(B) by inserting after subsection (d) the ø(A) by striking ‘‘within the Department of sistant Director of Central Intelligence for following new subsection (e): Defense’’; and Collection, the President shall nominate an ø‘‘(e) USE OF FUNDS.—The Director of Cen- ø(B) by adding ‘‘and’’ after the semicolon individual for that position from among the tral Intelligence shall, with the approval of at the end; and commissioned officers of the Armed Forces the Director of the Office of Management ø(4) by striking the semicolon at the end of who have substantial experience in man- and Budget and subject to applicable provi- paragraph (3) and inserting a period. aging intelligence activities. sions of law (including provisions of author- ø(c) RESPONSIBILITY OF SECRETARY OF DE- ‘‘(B) The provisions of subsection (c)(3) ization Acts and appropriations Acts), direct FENSE FOR PERFORMANCE OF OTHER SPECIFIC shall apply to any commissioned officer of and oversee the allocation, allotment, obli- FUNCTIONS.—Such section is further amend- the Armed Forces while serving in the posi- gation, and expenditure of funds appro- ed— tion of Assistant Director for Collection. priated or otherwise made available for the ø(1) by redesignating subsection (c) as sub- ‘‘(3) The Assistant Director for Collection national intelligence programs, projects, and section (d); shall manage the collection of national in- activities that are managed by the Director ø(2) by inserting after paragraph (3) of sub- telligence by the intelligence community in of the Central Intelligence Agency, the Di- section (b) the following: order to ensure the efficient and effective rector of the National Security Agency, the ø‘‘(c) RESPONSIBILITY OF SECRETARY OF DE- collection of national intelligence that is Director of the National Reconnaissance Of- FENSE FOR THE PERFORMANCE OF SPECIFIC identified for collection by the Assistant Di- fice, and the Director of the National Im- FUNCTIONS.—Consistent with section 103 and rector of Central Intelligence for Analysis ø ¿ agery and Mapping Agency.’’.¿ 104 of this Act, the Secretary of Defense, in and Production. Production.’’. ø (b) USE OF FUNDS.—Section 104 of the Na- consultation with the Director of Central In- ‘‘(4) In carrying out the responsibility set tional Security Act of 1947 (50 U.S.C. 403–4) is telligence, shall—’’; forth in paragraph (3), the Assistant Director amended— ø(3) by redesignating paragraphs (4), (5), for Collection shall— ø (1) by adding at the end of subsection (c) the and (6) as paragraphs (1), (2), and (3), respec- ‘‘(A) provide guidance and direction for, following: ‘‘The Secretary of Defense shall con- tively, of subsection (c), as added by para- and concur in, the procurement and oper- sult with the Director of Central Intelligence be- graph (2) of this subsection; and ation of systems necessary for the collection fore reprogramming funds made available under ø(4) in paragraph (2), as redesignated by of national intelligence; and ø the Joint Military Intelligence Program.’’; paragraph (3) of this subsection, by inserting ‘‘(B) assist the Director of Central Intel- (2) by redesignating subsections (e), (f), and ‘‘(other than clandestine collection)’’ before ligence in the formulation of plans and budg- (g) as subsections (f), (g), and (h), respectively; ‘‘human intelligence activities’’. ets for national intelligence collection ac- tivities.’’.¿ and ø(d) CONFORMING AMENDMENTS.—(1) The (b) CONSOLIDATION OF HUMAN INTELLIGENCE (3) by inserting after subsection (d) the fol- section heading of that section is amended to COLLECTION ACTIVITIES.—Not later than 90 lowing new subsection (e): read as follows: ‘‘(e) DATABASE AND BUDGET EXECUTION IN- days after the date of the enactment of this ø FORMATION.—The Director of Central Intel- ‘‘RESPONSIBILITIES OF SECRETARY OF DE- Act, the Director of Central Intelligence ligence and the Secretary of Defense shall joint- FENSE AND DIRECTOR OF CENTRAL INTEL- øshall enter into an agreement with the Sec- ly issue guidance for the development and im- LIGENCE PERTAINING TO NATIONAL FOREIGN retary of Defense to transfer from the Sec- plementation by the year 2000 of a database to INTELLIGENCE PROGRAM’’. retary to the Director the responsibilities provide timely and accurate information on the ø(2) The table of contents in the first sec- and authorities of the Secretary for the col- amounts and status of resources, including peri- tion of that Act is amended by striking the lection of clandestine intelligence from odic budget execution updates, for national, de- item relating to section 105 and inserting the human sources currently conducted by the fense-wide, and tactical intelligence activities.’’. following new item: Defense Human Intelligence Service within

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10632 CONGRESSIONAL RECORD — SENATE September 17, 1996 the Department of Defense¿ and the Deputy from civilian life by the President, by and under this section by elements of the Depart- Secretary of Defense shall jointly submit to the with the advice and consent of the Senate. ment of Defense, including regulations relating Committee on Armed Services and the Select ‘‘(b) The General Counsel is the chief legal to the protection of sources and methods in the Committee on Intelligence of the Senate and the officer of the Central Intelligence Agency. exercise of such authority. National Security Committee and Permanent Se- ‘‘(c) The General Counsel of the Central In- ‘‘ø(b)¿ (c) DEFINITIONS.—For purposes of lect Committee on Intelligence of the House of telligence Agency shall perform such func- subsection (a): Representatives a report on the ongoing efforts tions as the Director of Central Intelligence ‘‘(1) The term ‘United States law enforce- of those officials to achieve commonality, inter- may prescribe.’’. ment agency’ means any department or operability, and, where practicable, consolida- (b) EXECUTIVE SCHEDULE IV PAY LEVEL.— agency of the Federal Government that the tion of the collection of clandestine intelligence Section 5315 of title 5, United States Code, as Attorney General designates as law enforce- from human sources conducted by the Defense amended by section 712 of this Act, is further ment agency for purposes of this section. Human Intelligence Service of the Department amended by adding at the end the following: ‘‘(2) The term ‘United States person’ means of Defense and the Directorate of Operations of ‘‘General Counsel of the Central Intel- the following: the Central Intelligence Agency. ligence Agency.’’. ‘‘(A) A United States citizen. SEC. 710. IMPROVEMENT OF ANALYSIS AND PRO- SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS ‘‘(B) An alien known by the intelligence DUCTION OF INTELLIGENCE. OF øTHE INTELLIGENCE COMMU- agency concerned to be a permanent resident Section 102 of the National Security Act of NITY.¿ THE DIRECTOR OF CENTRAL alien. 1947, as amended by section 709(a) of this INTELLIGENCE. ‘‘(C) An unincorporated association sub- Act, is further amended by adding at the end Section 102 of the National Security Act of stantially composed of United States citi- the following: 1947, as amended by section 711 of this Act, is zens or permanent resident aliens. ‘‘(f)(1) To assist the Director of Central In- further amended by adding at the end the ‘‘(D) A corporation incorporated in the telligence in carrying out the Director’s re- following: United States, except for a corporation di- sponsibilities under this Act, there shall be ‘‘(h)(1) There is hereby established the Of- rected and controlled by a foreign govern- an Assistant Director of Central Intelligence fice of Congressional Affairs of øthe Intel- ment or governments.’’. for Analysis and Production, who shall be ligence Community.¿ the Director of Central (b) CLERICAL AMENDMENT.—The table of appointed by the President, by and with the Intelligence. contents in the first section of that Act is advice and consent of the Senate. ‘‘(2)(A) The Office shall be headed by the amended by inserting after the item relating ‘‘(2) The Assistant Director for Analysis Director of the Office of Congressional Af- to section 105 the following new item: and Production shall— fairs of øthe Intelligence Community.¿ the ‘‘(A) oversee the analysis and production of ‘‘Sec. 105A. Assistance to United States law Director of Central Intelligence. enforcement agencies.’’. intelligence by the elements of the intel- ‘‘(B) The Director of Central Intelligence ligence community; SEC. 716. APPOINTMENT AND EVALUATION OF may designate the Director of the Office of OFFICIALS RESPONSIBLE FOR IN- ‘‘(B) establish standards and priorities re- Congressional Affairs of the Central Intel- lating to such analysis and production; TELLIGENCE-RELATED ACTIVITIES. ligence Agency to serve as the Director of (a) IN GENERAL.—Section 106 of the Na- ‘‘(C) monitor the allocation of resources the Office of Congressional Affairs of øthe In- tional Security Act of 1947 (50 U.S.C. 403–6) is for the analysis and production of intel- telligence Community.¿ the Director of Cen- amended to read as follows: ligence in order to identify unnecessary du- tral Intelligence. ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS plication in the analysis and production of ‘‘(3) The Director shall coordinate the con- RESPONSIBLE FOR INTELLIGENCE-RELATED intelligence; gressional affairs activities of the elements ACTIVITIES ‘‘(D) identify intelligence to be collected of the intelligence community and have such for purposes of the Assistant Director of Cen- additional responsibilities as the Director of ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CER- tral Intelligence for Collection; and Central Intelligence may prescribe. TAIN APPOINTMENTS.—(1) In the event of a va- ‘‘(E) provide such additional analysis and ‘‘(4) Nothing in the subsection may be con- cancy in a position referred to in paragraph production of intelligence as the President strued to preclude the elements of the intel- (2), the Secretary of Defense shall obtain the and the National Security Council may re- ligence community from responding directly concurrence of the Director of Central Intel- ø quire.’’. to requests from Congress.’’. ligence before appointing an individual to SEC. 711. IMPROVEMENT OF ADMINISTRATION OF fill the vacancy.¿ recommending to the Presi- SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT INTELLIGENCE ACTIVITIES. AGENCIES BY INTELLIGENCE COM- dent an individual for appointment to the posi- Section 102 of the National Security Act of MUNITY. tion. If the Director does not concur in the rec- 1947, as amended by section 710 of this Act, is (a) IN GENERAL.—Title I of the National Se- ommendation, the Secretary may make the rec- further amended by adding at the end the curity Act of 1947 (50 U.S.C. 402 et seq.) is ommendation to the President without the Di- following: amended by inserting after section 105 the rector’s concurrence, but shall include in the ‘‘(g)(1) To assist the Director of Central In- following new section: recommendation a statement that the Director telligence in carrying out the Director’s re- does not concur in the recommendation. sponsibilities under this Act, there shall be ‘‘ASSISTANCE TO UNITED STATES LAW ‘‘(2) Paragraph (1) applies to the following an Assistant Director of Central Intelligence ENFORCEMENT AGENCIES positions: for Administration, who shall be appointed ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE AS- ‘‘(A) The Director of the National Security by the President, by and with the advice and SISTANCE.—øNotwithstanding any other pro- Agency. consent of the Senate. vision of law¿ Subject to subsection (b), ele- ‘‘(B) The Director of the National Recon- ‘‘(2) The Assistant Director for Adminis- ments of the intelligence community may, naissance Office. tration shall manage such activities relating upon the request of a United States law en- ‘‘(b) CONSULTATION WITH DCI IN CERTAIN to the administration of the intelligence forcement agency, collect information out- APPOINTMENTS.—(1) In the event of a vacancy community as the Director of Central Intel- side the United States about individuals who in a position referred to in paragraph (2), the ligence shall requireø, including manage- are not United States persons. Such ele- head of the department or agency having ju- ment of civilian personnel (including recruit- ments may collect such information not- risdiction over the position shall consult ment, security investigations, processing, withstanding that the law enforcement agen- with the Director of Central Intelligence be- and training of such personnel), information cy intends to use the information collected fore appointing an individual to fill the va- systems, telecommunications systems, fi- for purposes of a law enforcement investiga- cancy or recommending to the President an nance and accounting services, and security tion or counterintelligence investigation. individual to be nominated to fill the va- services, and procurement of supplies and ‘‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS cancy. support services.’’.¿ OF DEPARTMENT OF DEFENSE.—(1) With respect ‘‘(2) Paragraph (1) applies to the following SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS to elements within the Department of Defense, positions: OF CENTRAL INTELLIGENCE. the authority in subsection (a) applies only to ‘‘(A) The Director of the Defense Intel- Section 5315 of title 5, United States Code, the National Security Agency, the National Re- ligence Agency. is amended by adding at the end the fol- connaissance Office, and the National Imagery ‘‘(B) The Assistant Secretary of State for lowing: and Mapping Agency. Intelligence and Research. ‘‘Assistant Directors of Central Intel- ‘‘(2) Assistance provided under this section by ‘‘(C) The Director of the Office of Non- ligence (3).’’. elements of the Department of Defense may not proliferation and National Security of the SEC. 713. GENERAL COUNSEL OF THE CENTRAL include the direct participation of a member of Department of Energy. INTELLIGENCE AGENCY. the Army, Navy, Air Force, or Marine Corps in ‘‘(D) The Assistant Director, National Se- (a) ESTABLISHMENT OF POSITION.—The Cen- an arrest or similar activity. curity Division of the Federal Bureau of øIn- tral Intelligence Agency Act of 1949 (50 ‘‘(3) Assistance may not be provided under vestigation.¿ Investigation.’’. U.S.C. 403a et seq.) is amended by adding at this section by an element of the Department of ø‘‘(c) PERFORMANCE EVALUATIONS.—The Di- the end the following: Defense if the provision of such assistance will rector of Central Intelligence shall provide ‘‘GENERAL COUNSEL OF THE CENTRAL adversely affect the military preparedness of the annually to the Secretary of Defense an eval- INTELLIGENCE AGENCY United States. uation of the performance of the individuals ‘‘SEC. 20. (a) There is a General Counsel of ‘‘(4) The Secretary of Defense shall prescribe holding the positions referred to in subpara- the Central Intelligence Agency, appointed regulations governing the exercise of authority graphs (A) and (B) of subsection (a)(2), and of

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the individual holding the position of Direc- ø‘‘(c) LIMITATIONS.—(1) Except as provided ø‘‘(1) the number of Intelligence Commu- tor of the National Imagery and Mapping in subsection (b), the Director of Central In- nity Senior Executive Service positions es- Agency, in fulfilling their respective respon- telligence— tablished as of the end of the preceding fiscal sibilities with regard to the National For- ø‘‘(A) may make applicable to the Intel- year; eign Intelligence Program.’’.¿ ligence Community Senior Executive Service ø‘‘(2) the number of individuals being paid (b) CLERICAL AMENDMENT.—The table of any of the provisions of title 5, United States at each rate of basic pay for the Intelligence contents in the first section of that Act is Code, applicable to applicants for or mem- Community Senior Executive Service as of amended by striking the item relating to bers of the Senior Executive Service; and the end of the preceding fiscal year; section 106 and inserting in lieu thereof the ø‘‘(B) shall delegate to the heads of the ø‘‘(3) the number, distribution, and amount following new item: agencies referred to in subparagraphs (B) of awards paid to members of the Intel- ‘‘Sec. 106. Appointment and evaluation of of- through (E) of subsection (a)(2) the authority ligence Community Senior Executive Service ficials responsible for intel- to appoint, promote, and assign individuals during the preceding fiscal year; and ligence-related activities.’’. to Intelligence Community Senior Executive ø‘‘(4) the number of individuals removed øSEC. 717. INTELLIGENCE COMMUNITY SENIOR Service positions within their respective from the Intelligence Community Senior Ex- EXECUTIVE SERVICE. agencies without regard to the provisions of ecutive Service during the preceding fiscal ø(a) IN GENERAL.—(1) Title I of the Na- title 5, United States Code, governing ap- year— tional Security Act of 1947 (50 U.S.C. 402 et pointments and other personnel actions in ø‘‘(A) for less than fully successful per- seq.) is amended by adding at the end the fol- the competitive service, provided that such formance; lowing: actions shall be subject to the approval of ø‘‘(B) due to a reduction in force; or ø‘‘INTELLIGENCE COMMUNITY SENIOR the Director of Central Intelligence in ac- ø‘‘(C) for any other reason.’’. EXECUTIVE SERVICE cordance with the regulations prescribed ø(2) The table of contents in the first sec- ø‘‘SEC. 110. (a) ESTABLISHMENT.—(1) The Di- under this section. tion of that Act is amended by inserting rector of Central Intelligence shall by regu- ø‘‘(2) Members of the Intelligence Commu- after the item relating to section 109 the fol- lation establish a personnel system for sen- nity Senior Executive Service shall be sub- lowing new item: ior civilian personnel within the intelligence ject to the limitations of section 5307 of title ø‘‘Sec. 110. Intelligence Community Senior community to be known as the Intelligence 5, United States Code. Executive Service.’’. ø Community Senior Executive Service. ‘‘(3) Notwithstanding any other provision ø(b) EFFECTIVE DATE OF REGULATIONS.— ø ‘‘(2) The Intelligence Community Senior of title 5, United States Code, any individual The regulations prescribed under section Executive Service shall include personnel who is a member of the Senior Executive 110(a) of the National Security Act of 1947, as within the following agencies: Service or an equivalent personnel system at ø added by subsection (a)(1), shall take effect ‘‘(A) The Central Intelligence Agency. the Central Intelligence Agency or at an one year after the date of the enactment of ø‘‘(B) The National Security Agency. agency referred to in subparagraphs (B) ø this Act. ‘‘(C) The Defense Intelligence Agency. through (E) of subsection (a)(2) at the time ø(c) CONFORMING AMENDMENTS.—(1) Section ø ‘‘(D) The National Imagery and Mapping of the effective date of the regulations pre- 12 of the National Security Agency Act of Agency. scribed under this section shall be a member 1959 (50 U.S.C. 402 note) is amended— ø ‘‘(E) The National Reconnaissance Office. of the Intelligence Community Senior Exec- ø(A) by striking out subsections (a) and (c); ø ‘‘(F) Any other office of the Department utive Service. and of Defense the civilian employees of which ø‘‘(4) Upon the establishment of the Intel- ø(B) by striking out ‘‘(b)’’. are subject to section 1590 of title 10, United ligence Community Senior Executive Service ø(2)(A) Sections 1601 and 1603 of title 10, States Code, as of the effective date of the under this section, no individual may be se- United States Code, are repealed. regulations prescribed under this section. lected for membership in the service unless ø(B) The table of sections at the beginning ø‘‘(3) The Director of Central Intelligence such individual has served at least one as- of chapter 83 of such title is amended by shall prescribe the regulations required signment outside his or her employing agen- striking out the items relating to sections under this section in consultation with the cy. An assignment to the Office of the Direc- 1601 and 1603. Department of Defense. tor of Central Intelligence shall be treated as ø(3) Section 1590 of title 10, United States ø ‘‘(b) REQUIREMENTS.—The regulations pre- an assignment outside an individual’s em- Code, is amended— scribed under this section shall, to the ex- ploying agency (including an individual em- ø(A) in subsection (a)(1)— tent not inconsistent with the authorities of ployed by the Central Intelligence Agency) ø(i) by striking out ‘‘, including positions the Director of Central Intelligence— for purposes of this subparagraph. in the Senior Executive Service,’’; and ø‘‘(1) meet the requirements set forth in ø‘‘(d) AWARD OF RANKS TO MEMBERS OF ø(ii) by striking out ‘‘, except that’’ and all section 3131 of title 5, United States Code, for SERVICE.—The President, based upon the rec- that follows through the semicolon and in- the Senior Executive Service; ommendations of the Director of Central In- serting in lieu thereof a semicolon; ø ‘‘(2) provide rates of pay for the Intel- telligence, may award ranks to members of ø(B) in subsection (b)— ligence Community Senior Executive Service the Intelligence Community Senior Execu- ø(i) in the third sentence, by striking out that are not in excess of the maximum rate tive Service in a manner consistent with sec- ‘‘Except in the case’’ and all that follows or less than the minimum rate of basic pay tion 4507 of title 5, United States Code. through ‘‘no civilian’’ and inserting in lieu established for the Senior Executive Service ø‘‘(e) DETAIL AND ASSIGNMENT OF MEM- thereof ‘‘No civilian’’; and under section 5382 of title 5, United States BERS.—(1) Notwithstanding any other provi- ø(ii) by striking out the second sentence; Code, and that are adjusted at the same time sion of law, the Director of Central Intel- and and to the same extent as rates of basic pay ligence— ø(C) by striking out subsections (f) and (g). for the Senior Executive Service are ad- ø‘‘(A) may, after consultation with the ø(4) Section 1604(b) of title 10, United justed; head of the agency affected, detail or assign States Code, is amended in the second sen- ø‘‘(3) provide a performance appraisal sys- any member of the Intelligence Community tence by striking out ‘‘Except in the case’’ tem for the Intelligence Community Senior Senior Executive Service to serve in any po- and all that follows through ‘‘no officer’’ and Executive Service that conforms to the pro- sition in the intelligence community; or inserting in lieu thereof ‘‘No officer’’. visions of subchapter II of chapter 43 of title ø‘‘(B) may, with the concurrence of the ø(5)(A) Section 2108 of title 5, United States 5, United States Code; head of the agency affected, detail or assign Code, is amended in the flush matter fol- ø‘‘(4) provide for— any member of the service to serve in any lowing paragraph (3) by striking ‘‘the De- ø‘‘(A) removal or suspension from the In- position in another Government agency or fense Intelligence Senior Executive Service, telligence Community Senior Executive outside the Federal Government. the Senior Cryptologic Executive Service’’ Service; ø‘‘(2) A member of the Intelligence Com- and inserting ‘‘the Intelligence Community ø‘‘(B) reduction-in-force procedures; munity Senior Executive Service may be de- Senior Executive Service’’. ø‘‘(C) procedures in accordance with which tailed or assigned under paragraph (1) only if ø(B) Section 6304(f)(1) of such title is any furlough affecting the Intelligence Com- such detail or assignment is for the benefit amended— munity Senior Executive Service shall be of the intelligence community. ø(i) by striking subparagraphs (C) and (D) carried out; ø‘‘(3) A member shall not by reason of such and inserting the following new subpara- ø‘‘(D) procedures setting forth due process detail or assignment lose any entitlement or graph (C): rights to which members of the Intelligence status associated with membership in the In- ø‘‘(C) the Intelligence Community Senior Community Senior Executive Service are en- telligence Community Senior Executive Executive Service; or’’; and titled in cases of removal or suspension; and Service. ø(ii) by redesignating subparagraph (E) as ø‘‘(E) procedures for periodic recertifi- ø‘‘(f) ANNUAL REPORT.—The Director of subparagraph (D). cation; Central Intelligence shall submit to Con- ø(C) Title 5, United States Code, is further ø‘‘(5) permit the payment of performance gress each year, at the time the budget is amended by striking ‘‘the Defense Intel- awards to members of the Intelligence Com- submitted by the President for the next fis- ligence Senior Executive Service or the Sen- munity Senior Executive Service; and cal year, a report on the Intelligence Com- ior Cryptologic Executive Service’’ and in- ø‘‘(6) provide that members of the Intel- munity Senior Executive Service. The report serting ‘‘the Intelligence Community Senior ligence Community Senior Executive Service shall include, in the aggregate and by agen- Executive Service’’ in each of the following may be granted sabbatical leaves. cy— provisions:

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10634 CONGRESSIONAL RECORD — SENATE September 17, 1996 ø(i) Section 8336(h)(2). TITLE VIII—NATIONAL IMAGERY AND ping Agency, and the Central Intelligence ø(ii) Section 8414(a)(2). MAPPING AGENCY Agency may expend such funds pursuant to ø(6) The amendments made by this sub- øSEC. 801. ESTABLISHMENT. the Central Intelligence Agency Act of 1949 section shall take effect one year after the ø(a) ESTABLISHMENT.—(1) Title I of the Na- to carry out the purposes of paragraph (1). date of the enactment of this Act. tional Security Act of 1947 (50 U.S.C. 402 et ø‘‘(c) FUNDS FOR FOREIGN IMAGERY INTEL- SEC. ø718.¿ 717. REQUIREMENTS FOR SUBMITTAL seq.), as amended by section 717 of this Act, LIGENCE AND GEOSPATIAL INFORMATION SUP- OF BUDGET INFORMATION ON IN- is further amended by adding at the end the PORT.—The Director of the National Imagery TELLIGENCE ACTIVITIES. following: and Mapping Agency may use appropriated funds available to the National Imagery and (a) SUBMITTAL WITH ANNUAL BUDGET.—Not- ø‘‘NATIONAL IMAGERY AND MAPPING AGENCY Mapping Agency to provide foreign countries withstanding any other provision of law, the ø‘‘SEC. 120. (a) ESTABLISHMENT AND DU- imagery intelligence and geospatial informa- President shall include in each budget for a TIES.— tion support, except that such arrangements fiscal year submitted under section 1105 of ø‘‘(1) ESTABLISHMENT AND MISSION.—There title 31, United States Code, the following in- shall be coordinated with the Director of the is hereby established a National Imagery and Central Intelligence when they involve im- formation: Mapping Agency which shall provide timely, (1) The aggregate amount appropriated agery intelligence or intelligence products, relevant, and accurate imagery, imagery in- or any support to an intelligence or security during the current fiscal year on all intel- telligence, and imagery-related products and ligence and intelligence-related activities of service of a foreign country. geospatial information in support of the na- ø‘‘(d) FUNDS FOR CIVIL APPLICATIONS.—The the United States Government. tional security objectives of the United Director of the National Imagery and Map- (2) The aggregate amount requested in States. It shall also have a navigational mis- ping Agency may use appropriated funds such budget for the fiscal year covered by sion as specified in section 2791 of title 10, available to the National Imagery and Map- the budget for all intelligence and intel- United States Code. ping Agency to support and encourage civil- ligence-related activities of the United ø‘‘(2) MISSION OF THE NATIONAL IMAGERY ian use of imagery intelligence and States Government. AND MAPPING AGENCY.—The National Imagery geospatial information support provided by (b) FORM OF SUBMITTAL.—The President and Mapping Agency shall have a national the National Imagery and Mapping Agency. shall submit the information required under mission to support the imagery requirements ø‘‘(e) DEFINITIONS.—In this section: subsection (a) in unclassified form. of the Department of State and other non- ø‘‘(1) The term ‘geospatial information’ SEC. ø719.¿ 718. TERMS OF SERVICE FOR MEM- Department of Defense agencies, as well as a means information that identifies the geo- BERS OF SELECT COMMITTEE ON IN- mission to support the combat and other graphic location and characteristics of nat- TELLIGENCE OF THE SENATE. operational requirements of the Department ural or constructed features and boundaries (a) INDEFINITE TERMS OF SERVICE.—Section of Defense. The Director of Central Intel- on the earth, including statistical data, in- 2(b) of Senate Resolution 400 of the Ninety- ligence shall establish requirements and pri- formation derived from, among other things, fourth Congress (adopted May 19, 1976) is orities to govern the collection of national remote sensing, mapping, and surveying amended by striking the first sentence. intelligence of national importance by the technologies, and, for purposes of this sec- (b) LIMIT ON TERM OF CHAIRMAN AND VICE National Imagery and Mapping Agency. tion, the term includes mapping, charting CHAIRMAN.—Section 2(c) of that resolution is ø‘‘(3) DIRECTOR.—The President shall ap- and geodetic data, including geodetic prod- amended by adding at the end the following point the Director of the National Imagery ucts as that term is used in chapter 167 of new sentence: ‘‘No Member shall serve as and Mapping Agency. The Secretary of De- title 10, United States Code. chairman or vice chairman of the select fense shall, with the concurrence of the Di- ø‘‘(2) The term ‘imagery’ means a likeness committee for more than six years of contin- rector of Central Intelligence, recommend an or presentation of any natural or man-made uous service.’’. individual to the President for such appoint- feature or related object or activities and the (c) EFFECTIVE DATE.—The amendments ment. If the Secretary identifies a commis- positional data acquired at the same time made by subsections (a) and (b) shall take ef- sioned officer of the Armed Forces to serve the likeness or representation was acquired fect with the commencement of the One as Director, he shall recommend that indi- (including products produced by space-based Hundred Fifth Congress. vidual to the President for appointment to national intelligence reconnaissance sys- (d) RULES OF THE SENATE.—The amend- hold the grade of lieutenant general or, in tems), in accordance with Executive Order ments made by subsections (a) and (b) are the case of an officer of the Navy, vice admi- No. 12591, as well as likenesses or presen- enacted as an exercise of the rulemaking ral, while serving in such position. A com- tations produced by satellites, airborne plat- power of the Senate with full recognition of missioned officer appointed by the President forms, unmanned aerial vehicles, or other the constitutional right of the Senate to under this paragraph shall not be counted similar means (except that handheld or clan- change rules at any time, in the same man- against the numbers and percentages of com- destine photography taken by or on behalf of ner, and to the same extent, as in the case of missioned officers of the rank and grade of human intelligence collection organizations any other rule of the Senate. such officer for the Armed Force of which is excluded)). SEC. ø720.¿ 719. REPORT ON INTELLIGENCE COM- such officer is a member. ø‘‘(3) The term ‘imagery intelligence’ MUNITY POLICY ON PROTECTING ø‘‘(4) DEPUTY DIRECTOR.—There shall be a means the technical, geographic, and intel- THE NATIONAL INFORMATION IN- Deputy Director to assist the Director. The ligence information derived through the in- FRASTRUCTURE AGAINST STRA- Deputy may be appointed from among the terpretation or analysis of imagery and col- TEGIC ATTACKS. commissioned officers of the Armed Forces, lateral materials.’’. (a) IN GENERAL.—(1) Not later than 120 or from civilian life, but at no time shall ø(2) The table of contents in the first sec- days after the date of the enactment of this both the Director and the Deputy Director tion of the National Security Act of 1947, as Act, the Director of Central Intelligence positions be simultaneously occupied by so amended, is further amended by inserting shall submit to Congress a report setting commissioned officers of the Armed Forces, after the item relating to section 110 the fol- forth— whether in active or retired status. lowing new item: (A) the results of a review of the threats to ø‘‘(b) CENTRAL INTELLIGENCE AGENCY SUP- ø‘‘Sec. 120. National Imagery and Mapping the United States on protecting the national PORT FOR NATIONAL IMAGERY AND MAPPING Agency.’’. information infrastructure against informa- AGENCY.— øSEC. 802. EFFECTIVE DATE. tion warfare and other non-traditional at- ø‘‘(1) ADMINISTRATIVE AND CONTRACTING øThe amendments made by this title shall tacks; and SERVICES.—Notwithstanding any other provi- take effect on the later of— (B) the counterintelligence response of the sion of law, the Central Intelligence Agency ø(1) the date of the enactment of an Act Director. may, under terms and conditions agreed to appropriating funds for the National Im- (2) The report shall include a description of by the Secretary of Defense and the Director agery and Mapping Agency for fiscal year the plans of the intelligence community to of Central Intelligence, provide administra- 1997; or provide intelligence support for the indica- tive and contracting services (including the ø(2) October 1, 1996.¿ tions, warning, and assessment functions of services of security police notwithstanding SEC. 801. NATIONAL MISSION AND COLLECTION the intelligence community with respect to any limitations on the jurisdiction of such TASKING AUTHORITY FOR THE NA- information warfare and other non-tradi- personnel contained in section 15 of the Cen- TIONAL IMAGERY AND MAPPING tional attacks by foreign nations, groups, or tral Intelligence Agency Act of 1949), and de- AGENCY. individuals against the national information tail personnel indefinitely to the National (a) IN GENERAL.—(1) Title I of the National infrastructure. Imagery and Mapping Agency, in furtherance Security Act of 1947 (50 U.S.C. 402 et seq.) is (b) DEFINITIONS.—For purposes of this sec- of the national intelligence effort. amended by adding at the end the following: tion: ø‘‘(2) TRANSFER AND ACCEPTANCE.—The Na- ‘‘NATIONAL MISSION AND COLLECTION TASKING (1) The term ‘‘national information infra- tional Imagery and Mapping Agency will AUTHORITY FOR THE NATIONAL IMAGERY AND structure’’ includes the information infra- transfer funds to the Central Intelligence MAPPING AGENCY structure of the public or private sector. Agency for the purposes of producing im- ‘‘SEC. 110. (a) NATIONAL MISSION.—The Na- (2) The term ‘‘intelligence community’’ agery and imagery-related products of na- tional Imagery and Mapping Agency shall have has the meaning given that term in section tional importance, and the Central Intel- a national mission to support the imagery re- 3(4) of the National Security Act of 1947 (50 ligence Agency may accept a transfer of quirements of the Department of State, the De- U.S.C. 401a(4)). funds from the National Imagery and Map- partment of Defense, and other departments and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10635 agencies of the Federal Government. The Direc- committee had reached after 6 years of agencies, and the work already done by tor of Central Intelligence shall establish re- focused examination of the missions, the Aspin-Brown Commission and quirements and priorities to govern the collec- functions, and organizational arrange- other groups—all of these factors led us tion of national intelligence by the National Im- ments for the intelligence community. to believe that the time was ripe for in- agery and Mapping Agency. The Secretary of Defense and the Director of Central Intel- Triggered by the end of the cold war, telligence reform. We marked up our ligence, in consultation with the Chairman of this examination had gained momen- bill in April in order to ensure that the the Joint Chiefs of Staff, shall jointly identify tum in 1994 in the wake of the Ames es- Armed Services Committee would have deficiencies in the capabilities of the National pionage case and the revelation that plenty of time to consider it. Imagery and Mapping Agency to accomplish as- the National Reconnaissance Office The Department of Defense, from the signed national missions and shall jointly de- [NRO] had built an expensive new outset, opposed anything in the bill velop policies and programs to review and cor- building without adequately informing that enhanced the authority of the DCI rect such deficiencies. Congress. at the expense of the Secretary of De- ‘‘(b) COLLECTION AND TASKING AUTHORITY.— I do not need to remind my col- fense. In an April 29 letter to the Except as otherwise agreed by the Director of leagues that just 2 years ago members Central Intelligence and the Secretary of De- Armed Services Committee, Deputy fense pursuant to direction provided by the of this body from both parties—angered Secretary of Defense John White stated President, the Director of Central Intelligence by what appeared to be a lack of direc- that ‘‘clear and unambiguous lines of has the authority to approve collection require- tion and accountability in the intel- authority from the Secretary of De- ments, determine collection priorities, and re- ligence community, and particularly in fense to the Defense intelligence agen- solve conflicts in collection priorities levied on the CIA—stood in this Chamber to call cies and the embedded Service intel- national imagery collection assets.’’. for a massive overhaul of our intel- ligence elements are crucial’’ to ensur- (2) The table of contents in the first section of ligence apparatus. In order to avoid ing ‘‘that those who depend on intel- that Act is amended by inserting after the item precipitous action, the Senate adopted relating to section 109 the following new item: ligence—especially our nation’s mili- a proposal offered by Senators WARNER, tary forces—receive the timely and re- ‘‘Sec. 110. National mission and collection GRAHAM, and others to create a bipar- tasking authority for the National sponsive intelligence they require.’’ Imagery and Mapping Agency.’’. tisan Commission on the Roles and Ca- Deputy Secretary White argued that pabilities of the U.S. intelligence com- enhancing the DCI’s authorities over (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the later munity to conduct a credible, inde- NSA, NRO, and CIO would ‘‘unneces- of— pendent, and objective review of U.S. sarily complicate those lines of com- (1) the date of the enactment of the National intelligence. The Commission was mand and control.’’ Defense Authorization Act for Fiscal Year 1997; given a deadline of March 1, 1996, with I agree completely that intelligence or the expectation that its report would consumers, especially military con- (2) the date of the enactment of this Act. inform a legislative debate resulting in sumers whose lives may be at risk, Mr. SPECTER. Mr. President, today enactment of needed changes during must have timely and responsive intel- the Senate takes up S. 1718, the Intel- the 104th Congress. The Commission ligence. I do not agree, however, that ligence Authorization Act for fiscal was chaired by former Congressman this objective can be accomplished year 1997. In addition to containing the and Secretary of Defense Les Aspin through exclusive management by the annual authorization for appropria- until his untimely death and later by Secretary of Defense of NSA, NRO, and tions for elements of the U.S. intel- former Secretary of Defense Harold CIO. The fact is that in the course of ligence community, this bill includes a Brown. The 17-member Commission in- running an over $240 billion depart- number of important provisions in- cluded two of our distinguished col- ment the Secretary of Defense simply tended to ensure that our intelligence leagues, JOHN WARNER and JIM EXON, does not have time to exercise any de- agencies operate more effectively and and two of our former colleagues, War- gree of command and control over De- more efficiently in the post-cold-war ren Rudman, who served as vice chair- fense intelligence agencies. world. man, and Wyche Fowler. The consequences of continuing the The end of the cold war did not solve While the Aspin-Brown Commission fiction of Secretary of Defense manage- America’s national security concerns. was conducting its review, our com- ment of these intelligence agencies at As evidenced by the bombing in June of mittee and its staff also held a number the expense of real management by the the Khobar Towers facility in Dhahran, of hearings, received briefings, and DCI is significant. The country needs Saudi Arabia and the possible com- conducted interviews regarding the ap- to vest the authority in the DCI so that plicity of international terrorists in propriate missions and organizational intelligence, such as that produced by the downing of TWA flight 800 in July, structure of the intelligence commu- the Defense Intelligence Agency in the focus of those concerns can shift nity. During the course of these efforts, mid-June warning of threats to United with the speed and force of an explo- two additional incidents—the failure of States troops at Khobar Towers in sion. The need for a national security CIA officials to inform Congress of the Saudi Arabia, is certain to receive the apparatus that is equally dynamic is possible involvement of CIA assets in kind of attention it is warranted. We clear. Title VII of S. 1718—the Intel- human rights abuses in Guatemala and need a DCI who can rattle the cages ligence Activities Renewal and Reform the failure of NRO officials to tell ei- when necessary, so that consumers of Act of 1996—contains measures de- ther the DCI or Congress that the NRO intelligence cannot attribute policy signed to improve our Nation’s intel- had accumulated over $1 billion in un- failures to intelligence shortcomings. ligence capabilities in order to meet used funds—further convinced our Both the Downing Commission and the the rapidly changing threats to our na- Committee that the intelligence com- staff report of the SSCI concluded that tional security. munity needed greater central direc- the tragedy at Khobar Towers was not Title VII takes significant steps to- tion and accountability. Based on the attributable to an intelligence failure. ward this objective in two ways: First, Aspin-Brown Commission’s rec- It is deeply regrettable that, as a result it improves an institutional framework ommendations and on the results of of changes insisted upon by the Armed for ensuring that the decisionmakers our own review, the committee re- Services Committee, the country will who rely on intelligence can provide ported out S. 1718 on April 24, 1996. have to wait for another Congress and prompt, clear guidance to the intel- The bill was subsequently taken on perhaps additional bitter experiences ligence community on what their needs sequential referral by the Armed Serv- before the needed changes can be made. are and what the priorities are. Second, ices Committee, which informed the Testifying before our committee on it improves the Director of Central Intelligence Committee that it did not April 24, 1996, Director Deutch provided Intelligence’s authority and improves want to consider any intelligence re- some interesting insights on the abil- the structure he needs to respond form this year. The Intelligence Com- ity of the Deputy Secretary of Defense quickly in an effective, efficient, and mittee did not believe that intelligence to exercise the authorities DOD fought responsible manner. reforms could be put off for another so desperately to retain. When asked S. 1718, as originally reported out by year. The rapidly changing world, the whether we should hold the Deputy the Senate Select Committee on Intel- recent incidents that have undermined Secretary of Defense or the DCI ac- ligence, reflected the conclusions this public confidence in our intelligence countable for problems at the NRO, a

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10636 CONGRESSIONAL RECORD — SENATE September 17, 1996 key national intelligence agency with- agement of intelligence, we were able within the Federal Government, and in the Department of Defense, he re- to get a bill out of the Armed Services this database has been invaluable for sponded: Committee that contains important identifying duplication among Federal The Deputy Secretary of Defense has got a new statutory assurances of DCI au- R&D programs. The committee be- tremendous set of issues covering a much thority and should enhance the pros- lieves that the DCI has been hampered larger range of resources—10 times—man- pects that future DCI’s will not have to in his ability to manage the intel- aging ten times the resources we’re talking rely merely on the good will of the Sec- ligence community by a lack of accu- about for the whole intelligence community. retary of Defense in order to effec- rate and comprehensive information So to say that you are going to go to the tively manage intelligence. The bill be- about all intelligence community ac- deputy—and I am not talking about person- fore you today contains much of what tivities. Development of a database for alities—and say to the Deputy Secretary of Defense, why didn’t you catch this, he’s the Intelligence Committee initially intelligence activities should give the going to say, well, I count on the DCI to keep proposed, but not as much as the coun- DCI one of the key tools he needs to track of this and to let the Secretary of De- try needs. That greater objective will provide greater direction and control of fense know. require continued efforts. U.S. intelligence programs. So in some sense, if we are going to say In addition to the amendments made In addition, section 716 of the bill that the Director of Central Intelligence to our bill by the Armed Services Com- would require the DCI to concur in rec- does not view himself or herself as being re- mittee, the Government Affairs Com- ommendations by the Secretary of De- sponsible for the NRO, fundamentally no- mittees took the bill for 53 days. At the fense to the President of individuals to body will be. end of that time, they reported it out be directors of NSA, NRO, or the newly In light of these realities, this com- with minor modifications to the provi- created National Imagery and Mapping mittee sought to give the DCI greater sion providing for a Commission to As- Agency, or to have his lack of concur- authority and responsibility to manage sess the Organization of the Federal rence noted. The DCI would also have the intelligence community. The Government to Combat the Prolifera- to be consulted by the appropriate de- Armed Services Committee, asserting tion of Weapons of Mass Destruction. partment head when appointing the their jurisdiction over the Defense De- Finally, the Rules Committee also heads of the major elements of the Na- partment, insisted on a number of originally requested sequential referral tional Foreign Intelligence Program, changes to keep provisions that af- of our bill in order to review a provi- including the Assistant Secretary of fected the intelligence agencies within sion that would have amended Senate State for Intelligence and Research, DOD. The Armed Services Committee Resolution 400, the charter for our the Assistant Director in charge of the and the Defense Department were most committee, to eliminate the 8-year FBI’s National Security Division, the concerned about those provisions that term limit on committee membership. Director of DIA, and the Director of would have given the DCI greater au- After consultations between our two the Department of Energy’s Office of thority to manage the intelligence committees and in response to con- Non-Proliferation and National Secu- community, including those elements cerns expressed by the majority leader, rity. This new authority will help to of the community that are part of the we agree to delete this provision and remedy a situation in which DCI’s—de- Department of Defense such as the Na- the Rules Committee withdrew its re- spite their statutory role as head of the tional Security Agency [NSA], the Na- quest for sequential referral of our bill. intelligence community—have had lit- tional Reconnaissance Office [NRO], We remain convinced that extending tle or no say in the appointments of and the Central Imagery Office. These the terms for membership of the over- the heads of major intelligence com- provisions would have given the DCI, sight committee is an essential step in munity elements. The Armed Services as head of the intelligence community, improving congressional oversight of Committee also agreed to include in authority to execute the budgets for intelligence, and I note that elimi- the DOD authorization bill a require- NSA, NRO, and CIO as well as shared nation of term limits was rec- ment that the DCI provide to the Sec- responsibility, together with the Sec- ommended by the Aspin-Brown Com- retary of Defense an annual perform- retary of Defense and for ensuring that mission, on which Senator WARNER ance evaluation of the heads of NSA, these agencies perform their national served. But in order to ensure consider- NRO, and NIMA. missions. The DCI would also have ation of S. 1718 in this shortened legis- The bill would also establish three been given authority to reprogram lative year, we have agreed to put off new Senate-confirmed Assistant Direc- funds from one program to another this issue for now. tors of Central Intelligence to assist within the National Foreign Intel- Now let me summarize the provisions the DCI in managing the intelligence ligence Program—which is the portion in our bill. I will begin with the reform community. One would focus on man- of the overall U.S. intelligence budget provisions in title VII. The key provi- aging the intelligence community’s the DCI is responsible for developing sions enhance the ability of the DCI to collection activities; the second would each year—even if the affected depart- manage the intelligence community by coordinate community-wide intel- ment or agency head objected to that providing him with new statutory au- ligence analysis and production; and transfer. Finally, the Intelligence Com- thority and an improved management the third would coordinate community mittee had voted for a provision to re- structure. Specifically, section 707 of administrative programs. The com- quire DCI concurrence on the decision the bill gives the DCI new statutory mittee believes that one reason that as to who should head the major collec- authority to participate in the develop- successive DCI’s have been unable to tion agencies: NSA, NRO, and the Na- ment of the budgets for the Joint Mili- exercise stronger management over the tional Imagery and Mapping Agency. tary Intelligence Program and for tac- intelligence community is that they This was watered down by Armed Serv- tical intelligence and related activi- have lacked an adequate management ices to a qualified concurrence, allow- ties; to approve all collection require- structure. We believe these new posi- ing the recommendation of the Sec- ments and priorities and to resolve tions will help the DCI fulfill his com- retary of Defense to be forwarded to conflicts among priorities; and the munity role. the President over the DCI’s objection right to be consulted by the Secretary In addition to strengthening the au- so long as that objection is noted. of Defense before the Secretary repro- thorities of the DCI, the bill also cre- Given the length of time the Armed grams funds within joint military in- ates two new committees of the Na- Services Committee and, then, the telligence programs. tional Security Council—a Committee Government Affairs Committee held Section 707 would also require the on Foreign Intelligence and a Com- this bill, and in light of the abbreviated DCI and the Secretary of Defense to de- mittee on Transnational Threats—to legislative schedule, we were unable to velop a database of all intelligence pro- provide better policy guidance for the bring these important issues to the grams and activities, including re- intelligence community and for depart- floor of the Senate for debate and a source and budget execution informa- ments and agencies involving in fight- vote. Nevertheless, despite the Defense tion. The Office of Science and Tech- ing international terrorism and crime. Department’s initial refusal to relin- nology Policy within the White House The creation of both committees were quish any significant authority to en- has recently developed a database of recommended by the Aspin-Brown sure more efficient and effective man- all research and development activities Commission.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10637 Section 715 clarifies that intelligence formed from the current Central Im- most complex technical issues. His in- collection agencies may accept tasking agery Office, the Defense Mapping sights and efforts were absolutely es- from law enforcement agencies to col- Agency, CIA’s National Photographic sential to the passage of this bill and lect intelligence about non-U.S. per- Interpretation Center, and certain to the committee’s work overall. In ad- sons outside the United States. This other imagery related elements. As dition, I would like to take this oppor- provision is necessary because CIA and originally reported by our committee, tunity to recognize the excellent work NSA read their legal authorities as pre- title VIII included provisions that of the committee staff, particularly venting them accepting tasking from would have established NIMA. The Charlie Battaglia, Chris Straub, Su- law enforcement agencies lest they be DOD authorization bill, which was re- zanne Spaulding, John Bellinger, and considered to be exercising law en- ported by the Armed Services Com- Ed Levine. forcement powers. The provision is nar- mittee later than our bill, included a Mr. KERREY. Mr. President, this rowly tailored to apply only to collec- more comprehensive statutory frame- year’s bill once again attempts to help tion outside the United States about work governing NIMA, and we agreed the intelligence community make the non-U.S. persons. to the removal of the provisions estab- transition to a post-cold-war world Section 717 of the bill calls for disclo- lishing NIMA in our bill and their re- where the looming military threat of sure of the intelligence budget top placement with provisions in the Na- the Soviet Union has been replaced by line—that is, the aggregate of NFIP, tional Security Act defining the new a more subtle—but increasingly seri- JMIP, and TIARA. This number has agency’s national mission and the ous—array of threats. The committee been in the public domain for some DCI’s tasking authorities. The DCI’s has attempted to help intelligence time, without carrying us down the so- tasking authorities are especially im- make the transition with a series of called slippery slope of more detailed portant. For the first time in statute, provisions in the bill to reform the community’s weaknesses and renew its disclosures. The DCI supports disclo- the DCI now has the specific authority confidence in itself and in the products sure, the Aspin-Brown Commission to approve collection requirements, de- it provides to policy makers. supports disclosure, and the adminis- termine collection priorities, and re- Chairman SPECTER has been key in solve conflicts in priorities levied on tration supports disclosure. Disclosure ensuring the committee has moved for- our national imagery satellites and of the top line provides no new infor- ward to recommend to the Senate im- mation to our enemies. In fact, I be- other imagery assets. portant changes in the intelligence I also want to mention that the lieve this disclosure will actually community. Under his leadership, we Armed Services Committee attempted strengthen our ability to protect vital have examined in detail many short- to establish NIMA as a combat support national secrets by bolstering the comings and failures which can only credibility of our classification deci- agency of the Department of Defense. lead to the conclusion substantial sions—officially revealing the budget We strongly opposed this formulation change is in order. Without Chairman because it slighted the critical imagery total tells the American public is that SPECTER’s tireless efforts on the part of we are using classification to protect needs of the National Security Council, reform and renewal, the committee vital national secrets, not to conceal the Department of State, and other would not have been able to get to the information that might be inconven- non-DOD consumers. Our committee point where we are today: recom- ient to defend. And I think it would not was unwilling to have NIMA cater to mending improvements that will have be difficult to defend the size of the in- the exclusive needs of the Defense De- far reaching effects and make sure the telligence budget, given the complex partment. Accordingly, we modified intelligence community is positioned world we live in today. the language in the DOD authorization to understand the threats of tomorrow. These are the principal reform provi- bill, which we took on sequential refer- This year’s bill also seeks to provide sions contained in the Intelligence Au- ral, to provide that NIMA is not only a an adequate level of funding for the in- thorization Act. The bill contains a combat support agency but also has telligence community, with the com- number of additional important provi- significant national missions. I also mittee seeking a modest, 1 percent in- sions. want to note that although NIMA has crease to the President’s request. Con- Title V of the bill criminalizes theft been added to the list of combat sup- gress has cut the DCI’s request for na- of economic proprietary information port agencies in 10 U.S.C. 193(f), sub- tional intelligence each year for the by a person acting on behalf of a for- section (d) of section 193, as amended past 7 years, and I believe stress and eign government or its agent. This pro- by the DOD authorization bill, specifi- strain in our national intelligence ca- vision is the result of nearly 4 years of cally provides that the Chairman of the pabilities will follow unless we reverse hearing and study by our committee. Joint Chief’s oversight over NIMA this trend. However, since this bill was We held hearings on this provision ear- shall apply ‘‘only with respect to com- marked up in April, the defense author- lier this year, and we are convinced by bat support functions [the Agency] per- ization conference acted to cut na- both the classified and unclassified tes- forms for the Department of Defense.’’ tional intelligence by some 3 percent timony that economic espionage is a This language makes clear that NIMA and the ongoing defense authorization problem that needs to be remedied im- has important noncombat support conference is likely to redirect funds mediately in the interests of our na- functions that are not subject to the requested by the administration for na- tional economy and thus our national control of the Chairman of the Joint tional intelligence to other defense security. Chiefs. programs. I am discouraged that there Title VI would create a Commission This concludes my summary of this seems to be no constituency of support to Assess the Organization of the Fed- year’s intelligence authorization bill, for national intelligence, even in a eral Government to Combat the Pro- including the reform provisions in title year in which the Congress is adding liferation of Weapons of Mass Destruc- VII. Congress has been considering leg- significant resources to the defense tion. The eight members of the Com- islation to reform the intelligence budget. mission are to be appointed by the community to meet the challenges of I opened my remarks by saying the President and the congressional leader- the post-cold-war world since at least committee is once again attempting to ship. The Commission is required to 1990. Today, despite continuing bureau- reform and renew intelligence because conduct a study of the organization of cratic resistance, the Senate is taking it engaged in a similar effort as part of the Federal Government, including the significant steps toward finally achiev- the fiscal year 1993 National Foreign intelligence community, for combating ing that objective. Intelligence Program authorization weapons proliferation. I want to thank the distinguished process. The committee ran into many Finally, title VIII of the bill, as vice chairman, Senator KERREY, for his roadblocks in the fall of 1992 which pre- amended by the Armed Services Com- unflagging and nonpartisan commit- vented it from moving ahead with sub- mittee, codifies the national mission ment to the work of the committee. stantial reforms. Unfortunately, the and tasking authorities of the DCI for Senator KERREY brings to this com- committee finds itself in somewhat of the new National Imagery and Mapping mittee a unique understanding of the a similar position today. Nevertheless, Agency [NIMA]. NIMA is a new agency business of intelligence and a willing- we are offering reforms which hope- within the Department of Defense ness and ability to master even the fully will point us in the direction of

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10638 CONGRESSIONAL RECORD — SENATE September 17, 1996 improved intelligence support to policy improved in the future and to guar- mittee on Transnational Threats both makers while at the same time stream- antee our unsurpassed defense capabili- could become the moribund bodies the lining some of the Intelligence commu- ties remain intact. Without the sup- low intensity conflict board has be- nity’s procedures so they are more re- port of the chairman and ranking come. Nonetheless, our committee sponsive to the evolving international member, we would not be able to feels so strongly that intelligence can environment. present a comprehensive package of re- support policy properly only if the pol- There are many reasons for intel- form to the Senate in which we all icy makers change their approach to ligence reform and renewal. Several of have confidence we are doing the right international threats, we believe it is the most significant have found their thing. best to allow the intelligence commu- way into the media. We are all aware of This year, we voted a bill out of Com- nity to focus its efforts in new and dif- the Aldrich Ames spy case where a CIA mittee: First, changing intelligence ferent ways based on NSC-level com- operations officer gave some of our support to policymakers so the com- mittees. We recommend the Congress most sensitive information to the So- munity could better capitalize on the should take the risk and create these viet Union reportedly resulting di- rich resources of its people; second, en- two committees so the necessary tools rectly in the deaths of at least 10 peo- hancing some of the powers of the Di- will be available to the President if he ple. We also know about the excess rector of Central Intelligence so he chooses to use them. funds retained by the National Recon- would be able to exercise all of the nec- Our bill also requires the President naissance Office which prevented this essary authorities in the areas for to submit an annual report to Congress funding from being available for more which we recognize his responsibility; on intelligence needs and priorities for immediate projects. Incidents such as and third, reorganizing parts of the in- the next fiscal year and assess the per- these help to underscore the need for telligence community so that it is bet- formance of the intelligence commu- reform. ter structured for the profusion of dif- nity during the previous fiscal year. We The need for reform is widely recog- ferent threats endemic to the post cold envision this to be a companion docu- nized outside of the Congress. Last war world. ment to the national security strategy year Congress authorized a special In order to support policymakers bet- of the United States which the Presi- commission to ‘‘conduct a comprehen- ter, the bill we introduce today con- dent is required by law to submit annu- sive review of American intelligence.’’ tains several important innovations. ally to Congress. We believe this will In March of this year, the Commission First, it creates a Committee on For- help the Congress decide whether intel- issued a 217-page report containing eign Intelligence as part of the Na- ligence is supporting policy. As such, it over 36 recommendations for signifi- tional Security Council. This com- will allow the Congress to make the tough decisions on which programs cant change. Similarly, the Council on mittee would meet at least semiannu- should be funded and reject those pro- Foreign Relations this year issued its ally to provide broad guidance to the grams inconsistent with the Presi- own report on the need for intelligence intelligence community on major dent’s national security strategy and reform. Georgetown University’s Insti- issues. In addition to ensuring that in- congressional priorities. tute for the Study of Diplomacy added telligence would more closely support In some respects, the bill has created its call for reform in a report entitled, the needs of all policymakers in the controversy in the manner with which ‘‘Checklist for the Future of Intel- Government, it would be required to it addresses the office of the Director ligence.’’ And the executive branch rec- document the priorities of the policy- of Central Intelligence. Most Ameri- ognizes the need for reform as well. making community so that intel- cans expect the DCI to be a director. Their recognition is perhaps captured ligence would know how to allocate its After 49 years of experience, however, best by a CIA task force with the fore- relatively scarce resources. it is still painfully obvious he is the co- boding name of the ‘‘Intelligence Com- Second, the bill creates a Committee ordinator of central intelligence, not munity Revolution Task Force’’ which on Transnational Threats as part of the director. Each year, after he nego- called for sweeping changes. the National Security Council. In tiates with the Secretary of Defense, The need for reform must be balanced many ways, the threats to our national the Secretary of State, the Secretary by at least two considerations. First, security have changed significantly of Energy and the FBI Director, the the intelligence community is full of since the bipolar world where the Free DCI assembles an intelligence budget. dedicated men and women who, World confronted a Communist bloc. It often reflects what is bureau- through a sense of patriotism and a de- The role of the nation state is evolving cratically possible instead of what is sire to serve their country, will suc- into something different and several required. Therefore, he does not direct cessfully take the intelligence commu- increasingly serious threats to the anything in the fundamental way any nity into the 21st century. They will be United States crossnational bound- leader steers an organization. He does mentally ready to confront any chal- aries. Among these, terrorism and the not direct the intelligence community lenge. Second, reform does not mean proliferation of weapons of mass de- because he does not create a budget we should create a ‘‘Department of In- struction—and their means of deliv- based on his own tough decisions. To telligence.’’ Intelligence supports pol- ery—appear as the most significant. make matters worse, once he assembles icy. It informs leaders throughout the The policy community, however, still the budget and Congress approves it, Government and does not have to be largely focuses on a world composed of the DCI does not control how the organized as a separate part of the nations which only theoretically con- money is spent. That control belongs Government in order to be effective. trol the destinies of all mankind. The to the people with whom he negotiated What must be done, however, is to cre- intelligence community is struggling in the first place: the Secretary of De- ate an organization capable of capital- to bring the transnational threats to fense, the Secretary of State, the Sec- izing upon the abilities of its dedicated the forefront but, since intelligence retary of Energy, and the FBI Director. men and women and organize it so the supports policy and not vice versa, its Since the bill’s provisions dealing with leaders of the intelligence community warnings sometimes go unheeded. The budget control have created such con- have the authorities commensurate Committee on Transnational Threats troversy—sometimes misrepresented in with the responsibilities for which we will help to change the focus to the the media as an attempt to create a hold them accountable. The Congress new international disorder. ‘‘Department of Intelligence’’—the and many parts of the executive branch Mr. President, the committee har- committee is reporting a bill at this expect only the best intelligence, and bors no illusions about the possible late date with fewer DCI budget au- the community must be prepared to destinies of these committees. We all thorities than originally believed to be serve all segments of the Government, know quite well the usefulness of the important. Nonetheless, there are some including the Department of Defense. Low Intensity Conflict Board, an NSC- innovations still in the bill which will In this regard, I would like to take level board established by the Congress help the DCI better execute his respon- this opportunity to thank our col- to force the policy community to ad- sibilities. leagues on the Armed Services Com- dress the growing importance of low- Among these innovations is the cre- mittee. We have worked together to intensity conflict. The Committee on ation of the positions of three Assist- make sure intelligence support will be Foreign Intelligence and the Com- ant Directors of Central Intelligence.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10639 Generally, intelligence is conducted in posed agreement, the Office of the Sec- ecutive branch oversight of the Intel- three steps. First, information is col- retary of Defense provided the com- ligence Community. lected. Second, the information is ana- mittee with a memo signed in the early The bill also has one other signifi- lyzed and a report is written. Third, 1980’s. In it, the Secretary of Defense cant improvement for ensuring better the report is disseminated to policy- simply reminded his staff they could oversight of intelligence. The com- makers. Today, no one other than the not add or take money away from the mittee is recommending the position of DCI is personally responsible for the National Foreign Intelligence Program General Counsel of the Central Intel- collection of the information and its without officially coordinating it with ligence Agency be appointed by the analysis. I think we can all agree the the DCI. President and confirmed by the Senate. DCI is far too busy to focus on each Further, at the committee’s request, As stated in its report, the committee day’s priorities and requirements for the DOD Inspector General looked at believes the confirmation process en- collecting information. Further, he eight of DOD’s hundreds of procure- hances accountability and strengthens cannot personally supervise the daily ment programs to see if there were the oversight process. Currently, all work of the thousands of intelligence funding levels in excess of annual re- elements of the intelligence commu- analysts to ensure their reports are quirements such as those Congress nity, except the CIA, are part of de- properly focused, comprehensive, and found in the NRO. The results are quite partments having statutory general delivered on time. Thus, the DCI relies enlightening. Despite DOD s earlier de- counsels who are Senate confirmed. on a series of interagency committees nials in the media, five of the eight Many legal issues are unique to the to help him manage intelligence collec- randomly selected programs had more CIA. Unlike the other Senate-con- tion and analysis. We all know what it money available than they needed in firmed general counsels, there is little means when someone says a committee 1996. On the average, these five pro- informed public debate to aid the CIA’s is in charge: no one is in charge. The grams had almost 3 months extra fund- general counsel in its deliberations be- bill attempts to correct this lack of ac- ing. In fact, one program had 10 cause the issues often involve sensitive countability for intelligence collection months more funding available to it intelligence sources or methods. The and analysis by creating assistant di- than it could use in 1996. So after only confirmation process allows the Senate rectors who will be in charge of those a superficial IG evaluation of several to ensure better accountability and areas important for the production of DOD programs and despite DOD’s prot- oversight of this important position. intelligence. estations and claims of budget scrubs, Finally, the bill enhances the Direc- The bill also creates a third Assist- we know DOD ends up each year with tor of Central Intelligence’s authori- ant Director of Central Intelligence. more funds than they can spend. I do ties by giving him a formal say in the Today, most people believe the Direc- not say this in criticism of Defense naming of the directors of two of his tor of Central Intelligence is respon- managers, but rather to point to a most important agencies: the National sible for administering an intelligence characteristic common to complex Security Agency and the National Re- community consisting of tens of thou- multi-year efforts involving new tech- connaissance Office. Under current law sands of people. But, like the areas of nology, regardless of the Government and regulation, the Secretary of De- intelligence collection and analysis, department responsible for them. fense could name the heads of these there is no one other than the DCI who What may be a surprise is the answer two intelligence community agencies is personally responsible for the daily to the question: where was the DCI without seeing if the DCI agrees with management of the rambling institu- when the National Reconnaissance Of- the nominations. I think it should be tion we call the intelligence commu- fice was accumulating a backlog of obvious to my colleagues what I meant nity. In order to assist the DCI in the spending authority? The answer is, the when I called the DCI the Coordinator daily execution of this important re- DCI has no authority over how the of Central Intelligence. Not only does sponsibility, the bill creates the posi- NRO spends its money after Congress the Director not have much direct con- tion of an Assistant Director of Central authorizes and appropriates the funds. trol over his budget, he also does not Intelligence for Administration. Having no direct authority to move even have a required formal role in the The committee also has attempted in money around or to determine if the naming of the heads of the intelligence this bill to strengthen the DCI’s abili- money could be spent better elsewhere, community’s agencies. The bill takes a ties to discharge his responsibilities by it should not be a surprise the DCI was small step forward in giving him the statutorily requiring his participation not monitoring NRO’s execution of its opportunity to formally concur with an in important executive branch delib- budget. That authority rested with the appointment made by the Secretary of erations. As many of my colleagues Secretary of Defense. Defense. Even under the bill’s provi- will remember, late last year the The Director of Central Intelligence sions, the Secretary of Defense has suf- media carried stories stating the Na- does not have the authority to execute ficient independence he could appoint tional Reconnaissance Office had the intelligence budget. This has many the heads of the National Reconnais- amassed a large amount of funds excess serious consequences both from an in- sance Office and the National Security to their immediate needs. Responding ternal executive branch oversight per- Agency over the DCI’s objection. quickly in the media, senior Defense spective and from an operational per- I must add one thing in closing. Dur- officials placed blame elsewhere. They spective. Budget execution authority ing the intense discussions over the ap- accused the congressional oversight has occupied a lot of the committee’s propriate authorities of the Director of committees of being lax. They said a attention. In the original version of the Central Intelligence, it became clear to secret agreement between the DCI and bill, the committee attempted to give some of us there is a basic misunder- Secretary of Defense prevented the Of- the DCI greater authority over his own standing of intelligence and its rela- fice of the Secretary of Defense from budget. In order to get the bill to this tionship to the Department of Defense. keeping tabs on NRO funding. They stage in the annual authorization proc- Mr. President, as I have said time and said excess funding levels found in the ess, however, we have dropped several time again, intelligence supports pol- NRO would not be found in DOD pro- provisions which would have ensured icy. It also supports the planning and grams because the NRO was not ‘‘sub- greater internal oversight of spending the operations of our military forces. ject to the annual [DOD] programming on intelligence. Nonetheless, the bill The Secretary of Defense directly con- and budgeting ‘scrub’.’’ Based on these still gives the Director some insight trols the intelligence assets to ensure rapid Department of Defense off the into the Joint Military Intelligence that this essential function of intel- record denials in the press, everyone Program, and Tactical Intelligence and ligence will be fulfilled, and our troops turned to the DCI and asked, ‘‘Where Related Activities—programs funded will be properly supported. In addition, were you?’’ by the Department of Defense. While a as a principal customer of the DCI and As it turns out Mr. President, there modest improvement in aligning the the most knowledgeable and articulate was no secret agreement between DOD DCI’s authorities with his responsibil- customer, the Secretary of Defense will and the DCI. In fact, there was no ities, this new authority is important correctly ensure that national intel- agreement, secret or otherwise. When for ensuring better intelligence support ligence fulfills military requirements. asked to produce a copy of the sup- of policy and for improving internal ex- This is appropriate and everyone

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10640 CONGRESSIONAL RECORD — SENATE September 17, 1996 agrees it must occur without excep- ple, we have learned that the National who serve as the heads of U.S. intel- tion. But the Department of Defense is Reconnaissance Office carried billions ligence organizations. While these only one of many agencies that exe- of dollars in so-called forward-funding same officials must in some cases also cutes the foreign policy of the United on its books. These funds, which might report to the Secretary of Defense, States. And, historically, DOD is the have been either returned to the Treas- there is no reason in my view not to in- last part of the executive branch the ury or used for more pressing activities volve the DCI in their selection. Imag- President relies upon when he executes in the intelligence community or De- ine trying to run a business in the pri- U.S. policy overseas. We are a nation fense Department, remained hidden vate sector, or manage your office here that believes military power is the from view in large part because the Di- in the Senate, if you were not free to court of last resort in resolving inter- rector of Central Intelligence [DCI] and select or discipline your subordinates. national disputes, not the first. This his staff were not even aware of their Yet, that is the situation that the DCI makes intelligence support to the existence. I think this episode illus- finds himself in with regard to his warfighter the last step of intelligence trates as well as any the fact that DCI nominal subordinates at DIAA, NSA, support to foreign policy—not the first. has often been less of a director than a and NRO—the organizations which ac- Thus, as some push for more and more spokesman and ombudsman for the in- count for the great preponderance of intelligence support to the warfighter, telligence community. His degree of personnel and resources within the in- they in fact risk diminishing the cre- control and access to information has telligence community. This bill will ativity and quality of our foreign pol- often been shockingly limited, yet he ensure that the DCI concurs in the se- icy by forcing the intelligence commu- is the individual that the President, lection of intelligence agency heads by nity to become ‘‘militarized.’’ The in- Congress, and the Secretary of Defense the Secretary of Defense, or that his telligence community’s scarce re- look to ensure that the intelligence nonconcurrence be brought to the at- sources can only do so much and if community is operating both effec- tention of the President in the event of they focus almost exclusively on the tively and within the law. a disagreement. The DCI, pursuant to Department of Defense, the other ele- Another startling example of the lim- this provision, would also provide the ments of our Government will not have its of the DCI’s control and access oc- Secretary of Defense an annual per- the benefit of their advice and support. curred during the Intelligence Commit- formance evaluation of the heads of This is dangerous for the effectiveness tee’s investigation into the tragic Al- NSA, NRO, and the new National Im- of our foreign policy and could eventu- drich Ames case. One of the surprising agery and Mapping Agency. ally lead to an over-reliance on the De- facts to emerge from this investigation Sections 709, 710, and 711 of the bill partment of Defense to solve our for- was the revelation that neither Wil- strengthen the DCI’s staff by estab- eign policy problems simply because liam Webster nor Bob Gates knew the lishing new, senior intelligence com- the best information we have on a for- extent of the losses caused by Aldrich munity staff positions directly subordi- eign policy problem is focused on how Ames within the ranks of the CIA’s nate to the DCI. Specifically, the bill to solve it with military force. Intel- Russian assets, nor the degree of pene- establishes DCI deputies for collection, ligence support outside of the Depart- tration that had obviously occurred. analysis, and administration. This ap- ment of Defense is important, and it is Senior managers in the Directorate of proach differs from that proposed by critical to the proper functioning of Operations, like senior managers in the the administration, which seeks to the Government. The Congress must National Reconnaissance Office, felt have a single DCI deputy for commu- remain vigilant to make sure we do not free to withhold this critical informa- nity affairs and a second for the CIA. I cripple intelligence by relying too tion from the individual nominally re- am confident that these different ap- heavily on uninformed criticisms of in- sponsible for the performance of the proaches, which share a common objec- telligence support to the warfighter. U.S. intelligence community. tive, can be resolved in discussions Mr. COHEN. Mr. President, I rise The bill currently before the Senate with the House Intelligence Committee today to urge my colleagues to support would significantly strengthen the role and the administration prior to ap- the fiscal year 1997 intelligence author- of the DCI as the leader of the U.S. in- proval of the Intelligence conference ization bill. In addition to containing telligence community and thereby help report later this month. the annual schedule of authorizations to ensure greater coherence and dis- Mr. President, these organizational for intelligence activities, a matter cipline within its ranks. provisions are the product of numerous vital to U.S. national security, this First, section 707 of this bill grants hearings held by the Intelligence Com- legislation contains important provi- the DCI new statutory authority to mittee dating back to 1990. They are sions intended to reorganize the U.S. participate with the Secretary of De- intelligence community in order to in- fense in developing the Joint Military also to some degree the product of the crease its efficiency and effectiveness. Intelligence Program [JMIP] and indi- Presidential Commission on Intel- This bill also contains badly needed vidual service department [TIARA] in- ligence sponsored 2 years ago in the legislation to criminalize the theft of telligence budgets. The intent of this Senate by our distinguished colleague U.S. economic and proprietary data by section is to eliminate duplication Senator JOHN WARNER of Virginia. Fi- foreign governments or their agents. among national and military intel- nally, these provisions reflect substan- My colleagues should be aware that ligence programs. tial contributions and refinements notwithstanding the fall of the Soviet Second, this measure stipulates that made by the members and staff of the Union and the rise of modern informa- the DCI is responsible for approving all Senate Armed Services Committee. tion systems, the organization of the intelligence collection requirements These provisions have been the subject United States intelligence community and priorities. of substantial discussions, hearings, has remained essentially unchanged Third, it requires the DCI to be con- and debate, and I believe they deserve since 1947. The modest changes pro- sulted regarding proposed the support of every Senator. posed in this legislation, intended to reprogrammings within the Joint Mili- In addition to these very substantial assist the Director of Central Intel- tary Intelligence budget. and important organizational provi- ligence manage this disparate and com- Finally, section 707 requires the DCI sions, I would like to draw the atten- plex community in behalf of its many and Secretary of Defense to develop a tion of my colleagues to title V of S. consumers, are in my view long over- joint data base for all intelligence pro- 1718, which criminalizes economic espi- due. grams’ budget and activities. This pro- onage conducted against the United The U.S. intelligence community is vision will help to eliminate waste and States by foreign governments and without equal in terms of its sophis- duplication by ensuring that the DCI their agents. Too often, when consid- tication and global access. Yet, I be- and his staff have access to all of the ering the issue of economic espionage, lieve that we can acquire even more ca- information necessary to evaluate pro- the question that has been asked is pability from our intelligence commu- grams within different intelligence or- whether or not the United States nity if changes are made to its organi- ganizations. should try to collect information that zation and management. During the Section 716 of the bill will give DCI a might be of value to U.S. industry. I course of the last few years, for exam- voice in the selection of the individuals believe the answer to that question is

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10641 clearly ‘‘no.’’ The issue that has not re- of dedicated personnel who labor in ob- (b) TABLE OF CONTENTS.—The table of con- ceived as much attention as it de- scurity within the U.S. intelligence tents for this Act is as follows: serves, in my opinion, concerns the community. Most of their accomplish- Sec. 1. Short title; table of contents. threat posed to the U.S. economy by ments remain secret, but in my nearly TITLE I—INTELLIGENCE ACTIVITIES acts of industrial espionage per- 10 years of service on the Intelligence Sec. 101. Authorization of appropriations. petrated by foreign governments. Committee, I have developed enormous Sec. 102. Classified schedule of authorizations. Over the last few years I have tried respect and appreciation for their Sec. 103. Personnel ceiling adjustments. to move the discussion of these mat- achievements. They deserve the sup- Sec. 104. Community Management Account. ters out of the closed-door settings of port and appreciation of the American TITLE II—CENTRAL INTELLIGENCE AGEN- the Intelligence and Armed Services people, the best managerial structure CY RETIREMENT AND DISABILITY SYS- TEM Committees and into the public do- we can provide, and the resources nec- Sec. 201. Authorization of appropriations. main. Nearly 3 years ago the Senate essary to accomplish their many mis- adopted an amendment I offered to S. sions. I believe this bill is fully con- TITLE III—GENERAL PROVISIONS 4, the National Competitiveness Act, sistent with those objectives and I urge Sec. 301. Increase in employee compensation requiring the President to submit an its adoption by the Senate. and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence annual report on foreign industrial es- Mr. SPECTER. Mr. President, I ask activities. pionage modeled on the State Depart- unanimous consent that the committee Sec. 303. Postponement of applicability of sanc- ment’s annual report on terrorism, amendments be agreed to; further, that tions laws to intelligence activi- which has done a great deal to increase an amendment offered by the managers ties. media, and thus public, awareness of and an amendment offered by Senator Sec. 304. Post-employment restrictions. the terrorism threat. I offered my THURMOND which are at the desk be Sec. 305. Executive branch oversight of budgets amendment to the competitiveness bill considered and agreed to en bloc. of elements of the intelligence community. so that it would attract the attention The PRESIDING OFFICER. Without of the business media, rather than the objection, it is so ordered. TITLE IV—FEDERAL BUREAU OF INVESTIGATION defense-oriented press, and so that the The committee amendments were Commerce Committee would have ju- agreed to. Sec. 401. Access to telephone records. risdiction over it and become a forum The amendments (Nos. 5355 and 5356) TITLE V—ECONOMIC ESPIONAGE for congressional oversight of this considered and agreed to en bloc are as Sec. 501. Short title. problem. follows: Sec. 502. Prevention of economic espionage and protection of proprietary economic While this reporting requirement had AMENDMENT NO. 5355 information. to be moved to the intelligence author- (Purpose: To strike section 718, relating to TITLE VI—COMBATTING PROLIFERATION ization bill after S. 4 stalled in con- terms of service of members of the Select ference, I am pleased that the first two Committee on Intelligence of the Senate) Sec. 601. Short title. annual reports have resulted in more On page 72, strike out line 14 and all that Subtitle A—Assessment of Organization and and better media coverage of the follows through page 73, line 9. Structure of Government for Combatting Pro- liferation threat that economic espionage poses AMENDMENT NO. 5356 Sec. 611. Establishment of commission. to U.S. industry. At the same time, the (Purpose: Relating to the functions of the Sec. 612. Duties of commission. President’s report relegated too much Assistant Director of Central Intelligence Sec. 613. Powers of commission. information to the classified appendix, for Collection) Sec. 614. Commission personnel matters. not because release of the information On page 52, beginning on line 18, strike out Sec. 615. Termination of commission. would have put at risk sources and ‘‘shall manage’’ and all that follows through Sec. 616. Definition. methods, but because it would have page 52, line 23, and insert in lieu thereof Sec. 617. Authorization of appropriations. diplomatic repercussions. Nevertheless, ‘‘shall assist the Director of Central Intel- Subtitle B—Other Matters awareness of the problem has been in- ligence in carrying out the Director’s collec- Sec. 621. Reports on acquisition of technology creasing, as has the need to provide tion responsibilities in order to ensure the relating to weapons of mass de- efficient and effective collection of national struction and advanced conven- new tools to the FBI to deter the theft intelligence.’’’. of critical U.S. trade and economic in- tional munitions. Mr. SPECTER. Mr. President, I ask formation. TITLE VII—RENEWAL AND REFORM OF To their credit, Director Freeh and unanimous consent that the bill then INTELLIGENCE ACTIVITIES other administration officials have be read a third time and the Senate Sec. 701. Short title. been forward-leaning in addressing the then proceed to the consideration of Sec. 702. Committee on Foreign Intelligence. Calendar No. 420, H.R. 3259, the House Sec. 703. Annual reports on intelligence. problem, and we are now in the posi- Sec. 704. Transnational threats. tion of enjoying administration sup- companion measure; further, that all after the enacting clause be stricken Sec. 705. Office of the Director of Central Intel- port for the legislation that Senator ligence. and the text of S. 1718, as amended, be SPECTER and I introduced, which has Sec. 706. National Intelligence Council. been incorporated in this bill, to pro- inserted in lieu thereof, H.R. 3259 then Sec. 707. Enhancement of authority of Director vide the FBI the tools necessary to de- be deemed read a third time and of Central Intelligence to manage feat and when necessary successfully passed, with the motion to reconsider budget, personnel, and activities of intelligence community. prosecute acts of economic espionage. I laid upon the table. The PRESIDING OFFICER. Without Sec. 708. Responsibilities of Secretary of De- expect the FBI and the Justice Depart- objection, it is so ordered. fense pertaining to the National ment to use the new authorities pro- The bill (H.R. 3259), as amended, was Foreign Intelligence Program. vided by this legislation to aggres- Sec. 709. Improvement of intelligence collection. deemed read for a third time and sively investigate and prosecute acts of Sec. 710. Improvement of analysis and produc- passed, as follows: economic espionage. tion of intelligence. Mr. President, I would like to com- Resolved, That the bill from the House of Sec. 711. Improvement of administration of in- Representatives (H.R. 3259) entitled ‘‘An Act mend the chairman and vice chairman telligence activities. to authorize appropriations for fiscal year Sec. 712. Pay level of Assistant Directors of of the Intelligence Committee, as well 1997 for intelligence and intelligence-related Central Intelligence. as their staff, for their dedication and activities of the United States Government, Sec. 713. General Counsel of the Central Intel- hard work. It has not been easy to the Community Management Account, and ligence Agency. forge a consensus on the many legisla- the Central Intelligence Agency Retirement Sec. 714. Office of Congressional Affairs of the tive provisions contained in this bill, and Disability System, and for other pur- Director of Central Intelligence. but the very dedicated managers of the poses.’’, do pass with the following amend- Sec. 715. Assistance for law enforcement agen- bill have found solutions to the con- ment: cies by intelligence community. Strike out all after the enacting clause and Sec. 716. Appointment and evaluation of offi- cerns raised by the Armed Services insert: cials responsible for intelligence- Committee and the Department of De- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. related activities. fense. (a) SHORT TITLE.—This Act may be cited as Sec. 717. Requirements for submittal of budget In closing, I would like to also ex- the ‘‘Intelligence Authorization Act for Fiscal information on intelligence activi- press my admiration for the thousands Year 1997’’. ties.

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Sec. 718. Report on intelligence community pol- the Director of Central Intelligence is author- (b) REPORT ELEMENTS.—The report required icy on protecting the national in- ized 265 full-time personnel as of September 30, by subsection (a) shall— formation infrastructure against 1997. Such personnel of the Community Man- (1) describe the extent to which the elements strategic attacks. agement Staff may be permanent employees of of the intelligence community carrying out pro- TITLE VIII—NATIONAL IMAGERY AND the Community Management Staff or personnel grams and activities in the National Foreign In- MAPPING AGENCY detailed from other elements of the United telligence Program are subject to requirements Sec. 801. National mission and collection States Government. imposed on other elements and components of (c) REIMBURSEMENT.—During fiscal year 1997, tasking authority for the National the Department of Defense under the Chief Fi- any officer or employee of the United States or Imagery and Mapping Agency. nancial Officers Act of 1990 (Public Law 101– member of the Armed Forces who is detailed to 576), and the amendments made by that Act, TITLE I—INTELLIGENCE ACTIVITIES the staff of the Community Management Ac- and the Federal Financial Management Act of SEC. 101. AUTHORIZATION OF APPROPRIATIONS. count from another element of the United States 1994 (title IV of Public Law 103–356), and the Funds are hereby authorized to be appro- Government shall be detailed on a reimbursable amendments made by that Act; priated for fiscal year 1997 for the conduct of basis, except that any such officer, employee, or (2) describe the extent to which such elements the intelligence and intelligence-related activi- member may be detailed on a non-reimbursable submit to the Office of Management and Budget ties of the following elements of the United basis for a period of less than one year for the budget justification materials and execution re- States Government: performance of temporary functions as required ports similar to the budget justification mate- (1) The Central Intelligence Agency. by the Director of Central Intelligence. rials and execution reports submitted to the Of- (2) The Department of Defense. TITLE II—CENTRAL INTELLIGENCE AGEN- fice of Management and Budget by the non-in- (3) The Defense Intelligence Agency. telligence components of the Department of De- (4) The National Security Agency. CY RETIREMENT AND DISABILITY SYS- TEM fense; (5) The Department of the Army, the Depart- (3) describe the extent to which the National ment of the Navy, and the Department of the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Reconnaissance Office submits to the Office of Air Force. Management and Budget, the Community Man- (6) The Department of State. Central Intelligence Agency Retirement and Dis- agement Staff, and the Office of the Secretary of (7) The Department of Treasury. ability Fund for fiscal year 1997 the sum of (8) The Department of Energy. $184,200,000. Defense— (A) complete information on the cost, sched- (9) The Federal Bureau of Investigation. TITLE III—GENERAL PROVISIONS (10) The Drug Enforcement Administration. ule, performance, and requirements for any new (11) The National Reconnaissance Office. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- major acquisition before initiating the acquisi- (12) The Central Imagery Office. TION AND BENEFITS AUTHORIZED tion; BY LAW. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- (B) yearly reports (including baseline cost and Appropriations authorized by this Act for sal- schedule information) on major acquisitions; TIONS. ary, pay, retirement, and other benefits for Fed- (a) SPECIFICATIONS OF AMOUNTS AND PER- (C) planned and actual expenditures in con- eral employees may be increased by such addi- nection with major acquisitions; and SONNEL CEILINGS.—The amounts authorized to tional or supplemental amounts as may be nec- be appropriated under section 101, and the au- (D) variances from any cost baselines for essary for increases in such compensation or major acquisitions (including explanations of thorized personnel ceilings as of September 30, benefits authorized by law. 1997, for the conduct of the intelligence and in- such variances); and SEC. 302. RESTRICTION ON CONDUCT OF INTEL- (4) assess the extent to which the National Re- telligence-related activities of the elements listed LIGENCE ACTIVITIES. in such section, are those specified in the classi- connaissance Office has submitted to Office of The authorization of appropriations by this Management and Budget, the Community Man- fied Schedule of Authorizations prepared to ac- Act shall not be deemed to constitute authority company the conference report on the bill ll agement Staff, and the Office of the Secretary of for the conduct of any intelligence activity Defense on a monthly basis a detailed budget of the One Hundred Fourth Congress. which is not otherwise authorized by the Con- (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF execution report similar to the budget execution stitution or the laws of the United States. AUTHORIZATIONS.—The Schedule of Authoriza- report prepared for Department of Defense pro- tions shall be made available to the Committees SEC. 303. POSTPONEMENT OF APPLICABILITY OF grams. SANCTIONS LAWS TO INTELLIGENCE on Appropriations of the Senate and House of (c) DEFINITIONS.—For purposes of this section: ACTIVITIES. (1) The term ‘‘congressional intelligence com- Representatives and to the President. The Presi- Section 905 of the National Security Act of dent shall provide for suitable distribution of mittees’’ shall mean the Select Committee on In- 1947 (50 U.S.C. 441d) is amended by striking telligence of the Senate and the Permanent Se- the Schedule, or of appropriate portions of the ‘‘the date which is one year after the date of the Schedule, within the executive branch. lect Committee on Intelligence of the House of enactment of this title’’ and inserting ‘‘January Representatives. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 6, 1998’’. (2) The term ‘‘National Foreign Intelligence (a) AUTHORITY FOR ADJUSTMENTS.—With the SEC. 304. POST-EMPLOYMENT RESTRICTIONS. Program’’ has the meaning given such term in approval of the Director of the Office of Man- (a) IN GENERAL.—Not later than 90 days after section 3(6) of the National Security Act of 1947 agement and Budget, the Director of Central In- the date of enactment of this Act, the Director (50 U.S.C. 401a(6)). telligence may authorize employment of civilian of Central Intelligence shall prescribe regula- TITLE IV—FEDERAL BUREAU OF personnel in excess of the number authorized for tions requiring each new and current employee INVESTIGATION fiscal year 1997 under section 102 when the Di- of the Central Intelligence Agency to sign a rector of Central Intelligence determines that written agreement restricting the activities of SEC. 401. ACCESS TO TELEPHONE RECORDS. such action is necessary to the performance of that employee upon ceasing employment with (a) ACCESS FOR COUNTERINTELLIGENCE PUR- important intelligence functions, except that the the Central Intelligence Agency. POSES.—Section 2709(b)(1) of title 18, United number of personnel employed in excess of the (b) AGREEMENT ELEMENTS.—The regulations States Code, is amended by inserting ‘‘local and number authorized under such section may not, shall provide that an agreement contain provi- long distance’’ before ‘‘toll billing records’’. for any element of the intelligence community, sions specifying that the employee concerned (b) CONFORMING AMENDMENT.—Section exceed two percent of the number of civilian not represent or advise the government, or any 2703(c)(1)(C) of such title is amended by insert- personnel authorized under such section for political party, of a foreign country during the ing ‘‘local and long distance’’ after ‘‘address,’’. such element. five-year period beginning on the termination of (c) CIVIL REMEDY.—Section 2707 of such title (b) NOTICE TO INTELLIGENCE COMMITTEES.— the employee’s employment with the Central In- is amended— The Director of Central Intelligence shall telligence Agency. (1) in subsection (a), by striking ‘‘customer’’ promptly notify the Permanent Select Committee (c) DISCIPLINARY ACTIONS.—The regulations and inserting ‘‘other person’’; on Intelligence of the House of Representatives shall specify appropriate disciplinary actions (2) in subsection (c), by adding at the end the and the Select Committee on Intelligence of the (including loss of retirement benefits) to be following: ‘‘If the violation is willful or inten- Senate whenever he exercises the authority taken against any employee determined by the tional, the court may assess punitive damages. granted by this section. Director of Central Intelligence to have violated In the case of a successful action to enforce li- SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. the agreement of the employee under this sec- ability under this section, the court may assess (a) AUTHORIZATIONS OF APPROPRIATIONS.— tion. the costs of the action, together with reasonable There is authorized to be appropriated for the SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF attorney fees determined by the court.’’; Community Management Account of the Direc- BUDGETS OF ELEMENTS OF THE IN- (3) by redesignating subsections (d) and (e) as tor of Central Intelligence for fiscal year 1997 TELLIGENCE COMMUNITY. subsections (e) and (f), respectively; and the sum of $95,526,000. Within such amounts au- (a) REPORT.—Not later than 90 days after the (4) by inserting after subsection (c) the fol- thorized, funds identified in the classified date of the enactment of this Act, the President lowing new subsection (d): Schedule of Authorizations referred to in section shall submit to the congressional intelligence ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLA- 102(a) for the Advanced Research and Develop- committees a report setting forth the actions TIONS.—If a court determines that any agency ment Committee and the Environmental Task that have been taken to ensure adequate over- or department of the United States has violated Force shall remain available until September 30, sight by the executive branch of the budget of this chapter and the court finds that the cir- 1998. the National Reconnaissance Office and the cumstances surrounding the violation raise the (b) AUTHORIZED PERSONNEL LEVELS.—The budgets of other elements of the intelligence question whether or not an officer or employee staff of the Community Management Account of community within the Department of Defense. of the agency or department acted willfully or

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10643 intentionally with respect to the violation, the or deception obtains proprietary economic infor- alty equal to not more than 5 times the value of agency or department concerned shall promptly mation; the exports or imports involved, or $100,000, initiate a proceeding to determine whether or ‘‘(2) wrongfully copies, duplicates, sketches, whichever is greater. not disciplinary action is warranted against the draws, photographs, downloads, uploads, alters, ‘‘(2) SEIZURE AND FORFEITURE.—Any mer- officer or employee.’’. destroys, photocopies, replicates, transmits, de- chandise imported or exported in violation of an TITLE V—ECONOMIC ESPIONAGE livers, sends, mails, communicates, or conveys order of the President issued under this section proprietary economic information; shall be subject to seizure and forfeiture in ac- SEC. 501. SHORT TITLE. ‘‘(3) being entrusted with, or having lawful cordance with sections 602 through 619 of the This title may be cited as the ‘‘Economic Espi- possession or control of, or access to, propri- Tariff Act of 1930. onage Act of 1996’’. etary economic information, wrongfully copies, ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE duplicates, sketches, draws, photographs, The provisions of law relating to seizure, sum- AND PROTECTION OF PROPRIETARY mary and judicial forfeiture, and condemnation ECONOMIC INFORMATION. downloads, uploads, alters, destroys, photo- copies, replicates, transmits, delivers, sends, of property for violation of the United States (a) IN GENERAL.—Part I of title 18, United mails, communicates, or conveys the same; customs laws, the disposition of such property States Code, is amended by inserting after chap- or the proceeds from the sale thereof, the remis- ter 27 the following new chapter: ‘‘(4) receives, buys, or possesses proprietary economic information, knowing the same to sion or mitigation of such forfeiture, and the ‘‘CHAPTER 28—ECONOMIC ESPIONAGE have been stolen or wrongfully appropriated, compromise of claims, shall apply to seizures ‘‘Sec. obtained, or converted; and forfeitures incurred, or alleged to have been ‘‘571. Definitions. ‘‘(5) attempts to commit any offense described incurred under this section to the extent that ‘‘572. Economic espionage. in any of paragraphs (1) through (4); they are applicable and not inconsistent with ‘‘573. Criminal forfeiture. ‘‘(6) wrongfully solicits another to commit any the provisions of this chapter. ‘‘574. Import and export sanctions. offense described in any of paragraphs (1) ‘‘§ 575. Scope of extraterritorial jurisdiction ‘‘575. Scope of extraterritorial jurisdiction. through (4); or ‘‘This chapter applies— ‘‘576. Construction with other laws. ‘‘(7) conspires with one or more other persons ‘‘(1) to conduct occurring within the United ‘‘577. Preservation of confidentiality. to commit any offense described in any of para- States; and ‘‘578. Law enforcement and intelligence activi- graphs (1) through (4), and one or more of such ‘‘(2) to conduct occurring outside the United ties. persons do any act to effect the object of the States if— ‘‘§ 571. Definitions conspiracy, ‘‘(A) the offender is a United States person; or ‘‘For purposes of this chapter, the following shall, except as provided in subsection (b), be ‘‘(B) the act in furtherance of the offense was definitions shall apply: fined not more than $500,000 or imprisoned not committed in the United States. ‘‘(1) FOREIGN AGENT.—The term ‘foreign more than 25 years, or both. ‘‘§ 576. Construction with other laws agent’ means any officer, employee, proxy, serv- ‘‘(b) ORGANIZATIONS.—Any organization that ‘‘This chapter shall not be construed to pre- ant, delegate, or representative of a foreign na- commits any offense described in subsection (a) empt or displace any other remedies, whether tion or government. shall be fined not more than $10,000,000. civil or criminal, provided by Federal, State, ‘‘(2) FOREIGN INSTRUMENTALITY.—The term ‘‘(c) EXCEPTION.—It shall not be a violation of commonwealth, possession, or territorial laws ‘foreign instrumentality’ means any agency, bu- this section to disclose proprietary economic in- that are applicable to the misappropriation of reau, ministry, component, institution, associa- formation in the case of— proprietary economic information. tion, or any legal, commercial, or business orga- ‘‘(1) appropriate disclosures to Congress; or ‘‘§ 577. Preservation of confidentiality nization, corporation, firm, or entity that is sub- ‘‘(2) disclosures to an authorized official of an ‘‘In any prosecution or other proceeding stantially owned, controlled, sponsored, com- executive agency that are deemed essential to under this chapter, the court shall enter such manded, managed, or dominated by a foreign reporting a violation of United States law. government or any political subdivision, instru- orders and take such other action as may be ‘‘§ 573. Criminal forfeiture mentality, or other authority thereof. necessary and appropriate to preserve the con- ‘‘(3) OWNER.—The term ‘owner’ means the ‘‘(a) IN GENERAL.—Notwithstanding any pro- fidentiality of proprietary economic information, person or persons in whom, or the United States vision of State law to the contrary, any person consistent with the requirements of the Federal Government component, department, or agency convicted of a violation under this chapter shall Rules of Criminal Procedure, the Federal Rules in which, rightful legal, beneficial, or equitable forfeit to the United States— of Civil Procedure, the Federal Rules of Evi- title to, or license in, proprietary economic in- ‘‘(1) any property constituting, or derived dence, and all other applicable laws. An inter- formation is reposed. from, any proceeds the person obtained, directly locutory appeal by the United States shall lie ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.— or indirectly, as the result of such violation; and from a decision or order of a district court au- The term ‘proprietary economic information’ ‘‘(2) any of the property of that person used, thorizing or directing the disclosure of propri- means all forms and types of financial, business, or intended to be used, in any manner or part, etary economic information. scientific, technical, economic, or engineering to commit or facilitate the commission of such ‘‘§ 578. Law enforcement and intelligence ac- information (including data, plans, tools, mech- violation. tivities anisms, compounds, formulas, designs, proto- ‘‘(b) COURT ACTION.—The court, in imposing ‘‘This chapter does not prohibit, and shall not types, processes, procedures, programs, codes, or sentence on such person, shall order, in addition impair, any lawful activity conducted by a law commercial strategies, whether tangible or in- to any other sentence imposed pursuant to this enforcement or regulatory agency of the United tangible, and whether stored, compiled, or me- chapter, that the person forfeit to the United States, a State, or a political subdivision of a morialized physically, electronically, graphi- States all property described in this section. State, or an intelligence agency of the United cally, photographically, or in writing), if— ‘‘(c) APPLICABILITY OF OTHER LAW.—Property States.’’. ‘‘(A) the owner thereof has taken reasonable subject to forfeiture under this section, any sei- (b) CLERICAL AMENDMENT.—The table of measures to keep such information confidential; zure and disposition thereof, and any adminis- chapters at the beginning of part I of title 18, and trative or judicial proceeding in relation thereto, United States Code, is amended by inserting ‘‘(B) the information derives independent eco- shall be governed by the provisions of section after the item relating to chapter 27 the fol- nomic value, actual or potential, from not being 413 of the Comprehensive Drug Abuse Preven- lowing new item: tion and Control Act of 1970 (21 U.S.C. 853), generally known to, and not being readily as- ‘‘28. Economic espionage ...... 571’’. certainable through proper means by, the pub- other than subsection (d) of that section. (c) CONFORMING AMENDMENT.—Section lic. ‘‘§ 574. Import and export sanctions 2516(1)(a) of title 18, United States Code, is ‘‘(5) UNITED STATES PERSON.—The term ‘‘(a) ACTION BY THE PRESIDENT.—The Presi- amended by inserting ‘‘chapter 28 (relating to ‘United States person’ means— dent may, to the extent consistent with inter- economic espionage),’’ after ‘‘or under the fol- ‘‘(A) in the case of a natural person, a citizen national agreements to which the United States lowing chapters of this title:’’. of the United States or a permanent resident is a party, prohibit, for a period of not longer TITLE VI—COMBATTING PROLIFERATION alien of the United States; and than 5 years, the importation into, or expor- ‘‘(B) in the case of an organization (as that tation from, the United States, whether by car- SEC. 601. SHORT TITLE. This title may be cited as the ‘‘Combatting term is defined in section 18 of this title), an en- riage of tangible items or by transmission, any Proliferation of Weapons of Mass Destruction tity substantially owned or controlled by citi- merchandise produced, made, assembled, or Act of 1996’’. zens of the United States or permanent resident manufactured by a person convicted of any of- aliens of the United States, or incorporated in fense described in section 572 of this title, or in Subtitle A—Assessment of Organization and the United States. the case of an organization convicted of any of- Structure of Government for Combatting ‘‘§ 572. Economic espionage fense described in such section, its successor en- Proliferation ‘‘(a) IN GENERAL.—Any person who, with tity or entities. SEC. 611. ESTABLISHMENT OF COMMISSION. knowledge or reason to believe that he or she is ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS- (a) ESTABLISHMENT.—There is established a acting on behalf of, or with the intent to ben- URY.— commission to be known as the Commission to efit, any foreign nation, government, instrumen- ‘‘(1) CIVIL PENALTY.—The Secretary of the Assess the Organization of the Federal Govern- tality, or agent, knowingly— Treasury may impose on any person who know- ment to Combat the Proliferation of Weapons of ‘‘(1) steals, wrongfully appropriates, takes, ingly violates any order of the President issued Mass Destruction (in this subtitle referred to as carries away, or conceals, or by fraud, artifice, under the authority of this section, a civil pen- the ‘‘Commission’’).

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(b) MEMBERSHIP.—The Commission shall be (D) the effectiveness of the organization and employee of the Federal Government shall be composed of eight members of whom— function of interagency groups in ensuring im- compensated at a rate equal to the daily equiva- (1) four shall be appointed by the President; plementation of United States treaty obliga- lent of the annual rate of basic pay prescribed (2) one shall be appointed by the Majority tions, laws, and policies with respect to non- for level IV of the Executive Schedule under sec- Leader of the Senate; proliferation; tion 5315 of title 5, United States Code, for each (3) one shall be appointed by the Minority (E) the administration of sanctions for pur- day (including travel time) during which such Leader of the Senate; poses of nonproliferation, including the meas- member is engaged in the performance of the du- (4) one shall be appointed by the Speaker of ures taken by departments and agencies of the ties of the Commission. All members of the Com- the House of Representatives; and Federal Government to implement, assess, and mission who are officers or employees of the (5) one shall be appointed by the Minority enhance the effectiveness of such sanctions; United States shall serve without compensation Leader of the House of Representatives. (F) the organization, management, and over- in addition to that received for their services as (c) QUALIFICATIONS OF MEMBERS.—(1) To the sight of United States counterproliferation ac- officers or employees of the United States. maximum extent practicable, the individuals ap- tivities; (b) TRAVEL EXPENSES.—The members of the pointed as members of the Commission shall be (G) the recruitment, training, morale, exper- Commission shall be allowed travel expenses, in- individuals who are nationally recognized for tise, retention, and advancement of Federal cluding per diem in lieu of subsistence, at rates expertise regarding— Government personnel responsible for the non- authorized for employees of agencies under sub- (A) the nonproliferation of weapons of mass proliferation functions of the Federal Govern- chapter I of chapter 57 of title 5, United States destruction; ment, including any problems in such activities; Code, while away from their homes or regular (B) the efficient and effective implementation (H) the role in United States nonproliferation places of business in the performance of services of United States nonproliferation policy; or activities of the National Security Council, the for the Commission. (C) the implementation, funding, or oversight Office of Management and Budget, the Office of (c) STAFF.— of the national security policies of the United Science and Technology Policy, and other of- (1) IN GENERAL.—The Chairman of the Com- States. fices in the Executive Office of the President mission may, without regard to the civil service (2) An official who appoints members of the having responsibilities for such activities; Commission may not appoint an individual as a (I) the organization of the activities of the laws and regulations, appoint and terminate an member if, in the judgment of the official, the Federal Government to verify government-to- executive director and such other additional individual possesses any personal or financial government assurances and commitments with personnel as may be necessary to enable the interest in the discharge of any of the duties of respect to nonproliferation, including assur- Commission to perform its duties. The employ- the Commission. ances regarding the future use of commodities ment of an executive director shall be subject to confirmation by the Commission. (d) PERIOD OF APPOINTMENT; VACANCIES.— exported from the United States; and Members shall be appointed for the life of the (J) the costs and benefits to the United States (2) COMPENSATION.—The Chairman of the Commission. Any vacancy in the Commission of increased centralization and of decreased Commission may fix the compensation of the ex- shall not affect its powers, but shall be filled in centralization in the administration of the non- ecutive director and other personnel without re- the same manner as the original appointment. proliferation activities of the Federal Govern- gard to the provisions of chapter 51 and sub- (e) INITIAL MEETING.—No later than 30 days ment. chapter III of chapter 53 of title 5, United States after the date on which all members of the Com- (b) RECOMMENDATIONS.—In conducting the Code, relating to classification of positions and mission have been appointed, the Commission study, the Commission shall develop rec- General Schedule pay rates, except that the rate shall hold its first meeting. ommendations on means of improving the effec- of pay for the executive director and other per- (f) QUORUM.—A majority of the members of tiveness of the organization of the departments sonnel may not exceed the rate payable for level the Commission shall constitute a quorum, but a and agencies of the Federal Government in V of the Executive Schedule under section 5316 lesser number of members may hold hearings. meeting the national security interests of the of such title. (g) CHAIRMAN AND VICE CHAIRMAN.—The United States with respect to the proliferation of (d) DETAIL OF GOVERNMENT EMPLOYEES.— Commission shall select a Chairman and Vice weapons of mass destruction. Such recommenda- Any Federal Government employee may be de- Chairman from among its members. tions shall include specific recommendations to tailed to the Commission without reimburse- (h) MEETINGS.—The Commission shall meet at eliminate duplications of effort, and other inef- ment, and such detail shall be without interrup- the call of the Chairman. ficiencies, in and among such departments and tion or loss of civil service status or privilege. SEC. 612. DUTIES OF COMMISSION. agencies. (e) PROCUREMENT OF TEMPORARY AND INTER- (a) STUDY.— (c) REPORT.—(1) Not later than 18 months MITTENT SERVICES.—The Chairman of the Com- (1) IN GENERAL.—The Commission shall carry after the date of the enactment of this Act, the mission may procure temporary and intermittent out a thorough study of the organization of the Commission shall submit to Congress a report services under section 3109(b) of title 5, United Federal Government, including the elements of containing a detailed statement of the findings States Code, at rates for individuals which do the intelligence community, with respect to com- and conclusions of the Commission, together not exceed the daily equivalent of the annual batting the proliferation of weapons of mass de- with its recommendations for such legislation rate of basic pay prescribed for level V of the struction. and administrative actions as it considers ap- Executive Schedule under section 5316 of such (2) SPECIFIC REQUIREMENTS.—In carrying out propriate. title. the study, the Commission shall— (2) The report shall be submitted in unclassi- SEC. 615. TERMINATION OF COMMISSION. fied form, but may include a classified annex. (A) assess the current structure and organiza- The Commission shall terminate 60 days after tion of the departments and agencies of the Fed- SEC. 613. POWERS OF COMMISSION. the date on which the Commission submits its eral Government having responsibilities for com- (a) HEARINGS.—The Commission may hold report under section 612(c). batting the proliferation of weapons of mass de- such hearings, sit and act at such times and struction; and places, take such testimony, and receive such SEC. 616. DEFINITION. (B) assess the effectiveness of United States evidence as the Commission considers advisable For purposes of this subtitle, the term ‘‘intel- cooperation with foreign governments with re- to carry out the purposes of this subtitle. ligence community’’ shall have the meaning spect to nonproliferation activities, including (b) INFORMATION FROM FEDERAL AGENCIES.— given such term in section 3(4) of the National cooperation— (1) IN GENERAL.—The Commission may secure Security Act of 1947 (50 U.S.C. 401a(4)). (i) between elements of the intelligence com- directly from any Federal department or agency SEC. 617. AUTHORIZATION OF APPROPRIATIONS. munity and elements of the intelligence-gath- such information as the Commission considers (a) IN GENERAL.—There are authorized to be ering services of foreign governments; necessary to carry out the provisions of this sub- appropriated for the Commission for fiscal year (ii) between other departments and agencies of title. Upon request of the Chairman of the Com- 1997 such sums as may be necessary for the the Federal Government and the counterparts to mission, the head of such department or agency Commission to carry out its duties under this such departments and agencies in foreign gov- shall furnish such information to the Commis- subtitle. sion. ernments; and (b) AVAILABILITY.—Amounts appropriated (2) CLASSIFIED INFORMATION.—A department (iii) between the Federal Government and pursuant to the authorization of appropriations or agency may furnish the Commission classified international organizations. in subsection (a) shall remain available for ex- information under this subsection. The Commis- (3) ASSESSMENTS.—In making the assessments penditure until the termination of the Commis- sion shall take appropriate actions to safeguard under paragraph (2), the Commission should ad- sion under section 615. dress— classified information furnished to the Commis- (A) the organization of the export control ac- sion under this paragraph. Subtitle B—Other Matters tivities (including licensing and enforcement ac- (c) POSTAL SERVICES.—The Commission may SEC. 621. REPORTS ON ACQUISITION OF TECH- tivities) of the Federal Government relating to use the United States mails in the same manner NOLOGY RELATING TO WEAPONS OF the proliferation of weapons of mass destruc- and under the same conditions as other depart- MASS DESTRUCTION AND ADVANCED tion; ments and agencies of the Federal Government. CONVENTIONAL MUNITIONS. (B) arrangements for coordinating the fund- (d) GIFTS.—The Commission may accept, use, (a) REPORTS.—Not later than 6 months after ing of United States nonproliferation activities; and dispose of gifts or donations of services or the date of the enactment of this Act, and every (C) existing arrangements governing the flow property. 6 months thereafter, the Director of Central In- of information among departments and agencies SEC. 614. COMMISSION PERSONNEL MATTERS. telligence shall submit to Congress a report on— of the Federal Government responsible for non- (a) COMPENSATION OF MEMBERS.—Each mem- (1) the acquisition by foreign countries during proliferation activities; ber of the Commission who is not an officer or the preceding 6 months of dual-use and other

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10645 technology useful for the development or pro- budget for the intelligence community for the agencies and the elements of the intelligence duction of weapons of mass destruction (includ- fiscal year beginning in the year in which the community; and ing nuclear weapons, chemical weapons, and bi- report is submitted. ‘‘(G) develop guidelines to enhance and im- ological weapons) and advanced conventional ‘‘(3) The report shall be submitted in unclassi- prove the coordination of activities of Federal munitions; and fied form, but may include a classified annex. law enforcement agencies and elements of the (2) trends in the acquisition of such tech- ‘‘(b) MATTERS COVERED.—(1) Each report intelligence community outside the United nology by such countries. under subsection (a) shall— States with respect to transnational threats. (b) FORM OF REPORTS.—The reports submitted ‘‘(A) specify the intelligence required to meet ‘‘(5) For purposes of this subsection, the term under subsection (a) shall be submitted in un- the national security interests of the United ‘transnational threat’ means the following: classified form, but may include a classified States, and set forth an order of priority for the ‘‘(A) Any transnational activity (including annex. collection and analysis of intelligence required international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction TITLE VII—RENEWAL AND REFORM OF to meet such interests, for the fiscal year begin- and the delivery systems for such weapons, and INTELLIGENCE ACTIVITIES ning in the year in which the report is sub- mitted; and organized crime) that threatens the national se- SEC. 701. SHORT TITLE. ‘‘(B) evaluate the performance of the intel- curity of the United States. This title may be cited as the ‘‘Intelligence Ac- ligence community in collecting and analyzing ‘‘(B) Any individual or group that engages in tivities Renewal and Reform Act of 1996’’. intelligence required to meet such interests dur- an activity referred to in subparagraph (A).’’. SEC. 702. COMMITTEE ON FOREIGN INTEL- ing the fiscal year ending in the year preceding SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL LIGENCE. the year in which the report is submitted, in- INTELLIGENCE. Section 101 of the National Security Act of cluding a description of the significant successes (a) IN GENERAL.—Title I of The National Se- 1947 (50 U.S.C. 402) is amended— and significant failures of the intelligence com- curity Act of 1947 (50 U.S.C. 402 et seq.) is (1) by redesignating subsection (h) as sub- munity in such collection and analysis during amended— section (j); and (1) in section 102 (50 U.S.C. 403)— that fiscal year. (A) by striking the section heading and all (2) by inserting after subsection (g) the fol- ‘‘(2) The report shall specify matters under that follows through paragraph (1) of sub- lowing new subsection (h): paragraph (1)(A) in sufficient detail to assist section (a) and inserting the following: ‘‘(h)(1) There is established within the Na- Congress in making decisions with respect to the ‘‘OFFICE OF THE DIRECTOR OF CENTRAL tional Security Council a committee to be known allocation of resources for the matters specified. INTELLIGENCE as the ‘Committee on Foreign Intelligence’. ‘‘(c) DEFINITION.—In this section, the term ‘‘SEC. 102.’’; ‘‘(2) The Committee shall be composed of the ‘appropriate congressional committees’ means following: (B) by redesignating paragraph (2) of sub- the following: section (a) as subsection (a) and in such sub- ‘‘(A) The Director of Central Intelligence. ‘‘(1) The Select Committee on Intelligence, the section (a), as so redesignated, by redesignating ‘‘(B) The Secretary of State. Committee on Appropriations, and the Com- ‘‘(C) The Secretary of Defense. subparagraphs (A), (B), and (C) as paragraphs mittee on Armed Services of the Senate. ‘‘(D) The Assistant to the President for Na- (1), (2), and (3), respectively; and ‘‘(2) The Permanent Select Committee on In- tional Security Affairs, who shall serve as the (C) by striking subsection (d) and inserting telligence, the Committee on Appropriations, chairperson of the Committee. the following: and the Committee on National Security of the ‘‘(E) Such other members as the President may ‘‘(d)(1) There is an Office of the Director of House of Representatives.’’. designate. Central Intelligence. The function of the Office (b) CONFORMING AMENDMENTS.—(1) The sec- ‘‘(3) The function of the Committee shall be to is to assist the Director of Central Intelligence tion heading of such section is amended to read assist the Council in its activities by— in carrying out the duties and responsibilities of as follows: ‘‘(A) identifying the intelligence required to the Director under this Act and to carry out address the national security interests of the ‘‘ANNUAL REPORT ON INTELLIGENCE’’. such other duties as may be prescribed by law. United States as specified by the President; (2) The table of contents in the first section of ‘‘(2) The Office of the Director of Central In- ‘‘(B) establishing priorities (including funding that Act is amended by striking the item relating telligence is composed of the following: priorities) among the programs, projects, and ac- to section 109 and inserting the following new ‘‘(A) The Director of Central Intelligence. ‘‘(B) The Deputy Director of Central Intel- tivities that address such interests and require- item: ligence. ments; and ‘‘Sec. 109. Annual report on intelligence.’’. ‘‘(C) The National Intelligence Council. ‘‘(C) establishing policies relating to the con- SEC. 704. TRANSNATIONAL THREATS. ‘‘(D) The Assistant Director of Central Intel- duct of intelligence activities of the United Section 101 of the National Security Act of ligence for Collection. States, including appropriate roles and missions 1947 (50 U.S.C. 402) is amended by inserting ‘‘(E) The Assistant Director of Central Intel- for the elements of the intelligence community after subsection (h), as amended by section 702 ligence for Analysis and Production. and appropriate targets of intelligence collection of this Act, the following new subsection: ‘‘(F) The Assistant Director of Central Intel- activities. ‘‘(i)(1) There is established within the Na- ligence for Administration. ‘‘(4) In carrying out its function, the Com- tional Security Council a committee to be known ‘‘(G) Such other offices and officials as may mittee shall— as the ‘Committee on Transnational Threats’. be established by law or the Director of Central ‘‘(A) conduct an annual review of the na- ‘‘(2) The Committee shall include the fol- Intelligence may establish or designate in the tional security interests of the United States; lowing members: Office. ‘‘(B) identify on an annual basis, and at such ‘‘(A) The Director of Central Intelligence. ‘‘(3) To assist the Director in fulfilling the re- other times as the Council may require, the in- ‘‘(B) The Secretary of State. sponsibilities of the Director as head of the in- telligence required to meet such interests and es- ‘‘(C) The Secretary of Defense. telligence community, the Director shall employ tablish an order of priority for the collection ‘‘(D) The Attorney General. and utilize in the Office of the Director of Cen- and analysis of such intelligence; and ‘‘(E) The Assistant to the President for Na- tral Intelligence a professional staff having an ‘‘(C) conduct an annual review of the ele- tional Security Affairs, who shall serve as the expertise in matters relating to such responsibil- ments of the intelligence community in order to chairperson of the Committee. ities and may establish permanent positions and determine the success of such elements in col- ‘‘(F) Such other members as the President may appropriate rates of pay with respect to that lecting, analyzing, and disseminating the intel- designate. staff.’’; and ligence identified under subparagraph (B). ‘‘(3) The function of the Committee shall be to (2) by inserting after section 102, as so amend- ‘‘(5) The Committee shall submit each year to coordinate and direct the activities of the ed, the following new section: the Council and to the Director of Central Intel- United States Government relating to combat- ‘‘CENTRAL INTELLIGENCE AGENCY ligence a comprehensive report on its activities ting transnational threats. ‘‘SEC. 102A. There is a Central Intelligence during the preceding year, including its activi- ‘‘(4) In carrying out its function, the Com- Agency. The function of the Agency shall be to ties under paragraphs (3) and (4).’’. mittee shall— assist the Director of Central Intelligence in car- SEC. 703. ANNUAL REPORTS ON INTELLIGENCE. ‘‘(A) identify transnational threats; rying out the responsibilities referred to in para- (a) IN GENERAL.—Section 109 of the National ‘‘(B) develop strategies to enable the United graphs (1) through (4) of section 103(d) of this Security Act of 1947 (50 U.S.C. 404d) is amended States Government to respond to transnational Act.’’. by striking out subsections (a) and (b) and in- threats identified under subparagraph (A); (b) CLERICAL AMENDMENT.—The table of con- serting in lieu thereof the following new sub- ‘‘(C) monitor implementation of such strate- tents in the first section of that Act is amended sections: gies; by striking the item relating to section 102 and ‘‘SEC. 109. (a) IN GENERAL.—(1) Not later than ‘‘(D) make recommendations as to appropriate inserting the following new items: January 31 each year, the President shall sub- responses to specific transnational threats; ‘‘Sec. 102. Office of the Director of Central Intel- mit to the appropriate congressional committees ‘‘(E) assist in the resolution of operational ligence. a report on the requirements of the United and policy differences among Federal depart- ‘‘Sec. 102A. Central Intelligence Agency.’’. States for intelligence and the activities of the ments and agencies in their responses to SEC. 706. NATIONAL INTELLIGENCE COUNCIL. intelligence community. transnational threats; Section 103(b) of the National Security Act of ‘‘(2) The purpose of the report is to facilitate ‘‘(F) develop policies and procedures to ensure 1947 (50 U.S.C. 403–3(b)) is amended— an assessment of the activities of the intelligence the effective sharing of information about (1) in paragraph (1)(B), by inserting ‘‘, or as community during the preceding fiscal year and transnational threats among Federal depart- contractors of the Council or employees of such to assist in the development of a mission and a ments and agencies, including law enforcement contractors,’’ after ‘‘on the Council’’;

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10646 CONGRESSIONAL RECORD — SENATE September 17, 1996 (2) by redesignating paragraphs (4) and (5) as National Security Council and the appropriate SEC. 711. IMPROVEMENT OF ADMINISTRATION OF paragraphs (5) and (6), respectively; congressional committees (as defined in section INTELLIGENCE ACTIVITIES. (3) by inserting after paragraph (3) the fol- 109(c)) an evaluation of the performance and Section 102 of the National Security Act of lowing new paragraph (4): the responsiveness of the National Security 1947, as amended by section 710 of this Act, is ‘‘(4) Subject to the direction and control of the Agency, the National Reconnaissance Office, further amended by adding at the end the fol- Director of Central Intelligence, the Center may and the National Imagery and Mapping Agency lowing: carry out its responsibilities under this sub- in meeting their national missions.’’. ‘‘(g)(1) To assist the Director of Central Intel- section by contract, including contracts for sub- SEC. 709. IMPROVEMENT OF INTELLIGENCE COL- ligence in carrying out the Director’s respon- stantive experts necessary to assist the Center LECTION. sibilities under this Act, there shall be an Assist- with particular assessments under this sub- (a) ASSISTANT DIRECTOR OF CENTRAL INTEL- ant Director of Central Intelligence for Adminis- section.’’; and LIGENCE FOR COLLECTION.—Section 102 of the tration, who shall be appointed by the Presi- (4) in paragraph (5), as so redesignated, by National Security Act of 1947, as amended by dent, by and with the advice and consent of the adding at the end the following: ‘‘The Center section 705(a)(1) of this Act, is amended by add- Senate. shall also be readily accessible to policymaking ing at the end the following: ‘‘(2) The Assistant Director for Administration officials and other appropriate individuals not ‘‘(e)(1) To assist the Director of Central Intel- shall manage such activities relating to the ad- otherwise associated with the intelligence com- ligence in carrying out the Director’s respon- ministration of the intelligence community as munity.’’. sibilities under this Act, there shall be an Assist- the Director of Central Intelligence shall re- SEC. 707. ENHANCEMENT OF AUTHORITY OF DI- ant Director of Central Intelligence for Collec- quire.’’. RECTOR OF CENTRAL INTEL- tion, who shall be appointed by the President, SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS LIGENCE TO MANAGE BUDGET, PER- by and with the advice and consent of the Sen- OF CENTRAL INTELLIGENCE. SONNEL, AND ACTIVITIES OF INTEL- ate. Section 5315 of title 5, United States Code, is LIGENCE COMMUNITY. ‘‘(2)(A) If neither the Director of Central In- amended by adding at the end the following: (a) IN GENERAL.—Section 103(c) of the Na- telligence nor the Deputy Director of Central In- ‘‘Assistant Directors of Central Intelligence tional Security Act of 1947 (50 U.S.C. 403–3(c)) is telligence is a commissioned officer of the Armed (3).’’. amended— Forces at the time of the nomination of an indi- SEC. 713. GENERAL COUNSEL OF THE CENTRAL (1) by striking paragraph (1) and inserting the vidual to the position of Assistant Director of INTELLIGENCE AGENCY. following new paragraph (1): Central Intelligence for Collection, the President (a) ESTABLISHMENT OF POSITION.—The Cen- ‘‘(1) facilitate the development of an annual shall nominate an individual for that position tral Intelligence Agency Act of 1949 (50 U.S.C. budget for intelligence and intelligence-related from among the commissioned officers of the 403a et seq.) is amended by adding at the end activities of the United States by— the following: ‘‘(A) developing and presenting to the Presi- Armed Forces who have substantial experience ‘‘GENERAL COUNSEL OF THE CENTRAL dent an annual budget for the National Foreign in managing intelligence activities. INTELLIGENCE AGENCY Intelligence Program; and ‘‘(B) The provisions of subsection (c)(3) shall ‘‘(B) participating in the development by the apply to any commissioned officer of the Armed ‘‘SEC. 20. (a) There is a General Counsel of the Secretary of Defense of the annual budgets for Forces while serving in the position of Assistant Central Intelligence Agency, appointed from ci- the Joint Military Intelligence Program and the Director for Collection. vilian life by the President, by and with the ad- Tactical Intelligence and Related Activities Pro- ‘‘(3) The Assistant Director for Collection vice and consent of the Senate. gram;’’; shall assist the Director of Central Intelligence ‘‘(b) The General Counsel is the chief legal of- (2) by redesignating paragraphs (3) through in carrying out the Director’s collection respon- ficer of the Central Intelligence Agency. (6) as paragraphs (4) through (7), respectively; sibilities in order to ensure the efficient and ef- ‘‘(c) The General Counsel of the Central Intel- and fective collection of national intelligence.’’. ligence Agency shall perform such functions as (3) by inserting after paragraph (2) the fol- (b) CONSOLIDATION OF HUMAN INTELLIGENCE the Director of Central Intelligence may pre- lowing new paragraph (3): COLLECTION ACTIVITIES.—Not later than 90 days scribe.’’. ‘‘(3) approve collection requirements, deter- after the date of the enactment of this Act, the (b) EXECUTIVE SCHEDULE IV PAY LEVEL.—Sec- mine collection priorities, and resolve conflicts Director of Central Intelligence and the Deputy tion 5315 of title 5, United States Code, as in collection priorities levied on national collec- Secretary of Defense shall jointly submit to the amended by section 712 of this Act, is further tion assets, except as otherwise agreed with the Committee on Armed Services and the Select amended by adding at the end the following: Secretary of Defense pursuant to the direction Committee on Intelligence of the Senate and the ‘‘General Counsel of the Central Intelligence of the President;’’. National Security Committee and Permanent Se- Agency.’’. (b) USE OF FUNDS.—Section 104 of the Na- lect Committee on Intelligence of the House of SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS tional Security Act of 1947 (50 U.S.C. 403–4) is Representatives a report on the ongoing efforts OF THE DIRECTOR OF CENTRAL IN- amended— of those officials to achieve commonality, inter- TELLIGENCE. (1) by adding at the end of subsection (c) the operability, and, where practicable, consolida- Section 102 of the National Security Act of following: ‘‘The Secretary of Defense shall con- tion of the collection of clandestine intelligence 1947, as amended by section 711 of this Act, is sult with the Director of Central Intelligence be- from human sources conducted by the Defense further amended by adding at the end the fol- fore reprogramming funds made available under Human Intelligence Service of the Department lowing: the Joint Military Intelligence Program.’’; of Defense and the Directorate of Operations of ‘‘(h)(1) There is hereby established the Office (2) by redesignating subsections (e), (f), and the Central Intelligence Agency. of Congressional Affairs of the Director of Cen- (g) as subsections (f), (g), and (h), respectively; SEC. 710. IMPROVEMENT OF ANALYSIS AND PRO- tral Intelligence. and DUCTION OF INTELLIGENCE. ‘‘(2)(A) The Office shall be headed by the Di- (3) by inserting after subsection (d) the fol- Section 102 of the National Security Act of rector of the Office of Congressional Affairs of lowing new subsection (e): 1947, as amended by section 709(a) of this Act, is the Director of Central Intelligence. ‘‘(e) DATABASE AND BUDGET EXECUTION IN- further amended by adding at the end the fol- ‘‘(B) The Director of Central Intelligence may FORMATION.—The Director of Central Intel- lowing: designate the Director of the Office of Congres- ligence and the Secretary of Defense shall joint- ‘‘(f)(1) To assist the Director of Central Intel- sional Affairs of the Central Intelligence Agency ly issue guidance for the development and im- ligence in carrying out the Director’s respon- to serve as the Director of the Office of Congres- plementation by the year 2000 of a database to sibilities under this Act, there shall be an Assist- sional Affairs of the Director of Central Intel- provide timely and accurate information on the ant Director of Central Intelligence for Analysis ligence. amounts and status of resources, including peri- and Production, who shall be appointed by the ‘‘(3) The Director shall coordinate the con- odic budget execution updates, for national, de- President, by and with the advice and consent gressional affairs activities of the elements of fense-wide, and tactical intelligence activities.’’. of the Senate. the intelligence community and have such addi- ‘‘(2) The Assistant Director for Analysis and tional responsibilities as the Director of Central SEC. 708. RESPONSIBILITIES OF SECRETARY OF Intelligence may prescribe. DEFENSE PERTAINING TO THE NA- Production shall— TIONAL FOREIGN INTELLIGENCE ‘‘(A) oversee the analysis and production of ‘‘(4) Nothing in the subsection may be con- PROGRAM. intelligence by the elements of the intelligence strued to preclude the elements of the intel- Section 105 of the National Security Act of community; ligence community from responding directly to 1947 (50 U.S.C. 403–5) is amended— ‘‘(B) establish standards and priorities relat- requests from Congress.’’. (1) in subsection (a), by inserting ‘‘, in con- ing to such analysis and production; SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT sultation with the Director of Central Intel- ‘‘(C) monitor the allocation of resources for AGENCIES BY INTELLIGENCE COM- ligence,’’ after ‘‘Secretary of Defense’’ in the the analysis and production of intelligence in MUNITY. matter preceding paragraph (1); and order to identify unnecessary duplication in the (a) IN GENERAL.—Title I of the National Secu- (2) by adding at the end the following: analysis and production of intelligence; rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR ‘‘(D) identify intelligence to be collected for ed by inserting after section 105 the following OF CENTRAL INTELLIGENCE.—The Director of purposes of the Assistant Director of Central In- new section: Central Intelligence, in consultation with the telligence for Collection; and ‘‘ASSISTANCE TO UNITED STATES LAW Secretary of Defense and the Chairman of the ‘‘(E) provide such additional analysis and ENFORCEMENT AGENCIES Joint Chiefs of Staff, shall submit each year to production of intelligence as the President and ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE AS- the Committee on Foreign Intelligence of the the National Security Council may require.’’. SISTANCE.—Subject to subsection (b), elements of

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10647 the intelligence community may, upon the re- position referred to in paragraph (2), the head a national mission to support the imagery re- quest of a United States law enforcement agen- of the department or agency having jurisdiction quirements of the Department of State, the De- cy, collect information outside the United States over the position shall consult with the Director partment of Defense, and other departments and about individuals who are not United States of Central Intelligence before appointing an in- agencies of the Federal Government. The Direc- persons. Such elements may collect such infor- dividual to fill the vacancy or recommending to tor of Central Intelligence shall establish re- mation notwithstanding that the law enforce- the President an individual to be nominated to quirements and priorities to govern the collec- ment agency intends to use the information col- fill the vacancy. tion of national intelligence by the National Im- lected for purposes of a law enforcement inves- ‘‘(2) Paragraph (1) applies to the following po- agery and Mapping Agency. The Secretary of tigation or counterintelligence investigation. sitions: Defense and the Director of Central Intel- ‘‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS ‘‘(A) The Director of the Defense Intelligence ligence, in consultation with the Chairman of OF DEPARTMENT OF DEFENSE.—(1) With respect Agency. the Joint Chiefs of Staff, shall jointly identify to elements within the Department of Defense, ‘‘(B) The Assistant Secretary of State for In- deficiencies in the capabilities of the National the authority in subsection (a) applies only to telligence and Research. Imagery and Mapping Agency to accomplish as- the National Security Agency, the National Re- ‘‘(C) The Director of the Office of Non- signed national missions and shall jointly de- connaissance Office, and the National Imagery proliferation and National Security of the De- velop policies and programs to review and cor- and Mapping Agency. partment of Energy. rect such deficiencies. ‘‘(D) The Assistant Director, National Secu- ‘‘(2) Assistance provided under this section by ‘‘(b) COLLECTION AND TASKING AUTHORITY.— rity Division of the Federal Bureau of Investiga- elements of the Department of Defense may not Except as otherwise agreed by the Director of tion.’’. include the direct participation of a member of Central Intelligence and the Secretary of De- (b) CLERICAL AMENDMENT.—The table of con- fense pursuant to direction provided by the the Army, Navy, Air Force, or Marine Corps in tents in the first section of that Act is amended President, the Director of Central Intelligence an arrest or similar activity. by striking the item relating to section 106 and has the authority to approve collection require- ‘‘(3) Assistance may not be provided under inserting in lieu thereof the following new item: this section by an element of the Department of ments, determine collection priorities, and re- Defense if the provision of such assistance will ‘‘Sec. 106. Appointment and evaluation of offi- solve conflicts in collection priorities levied on adversely affect the military preparedness of the cials responsible for intelligence- national imagery collection assets.’’. United States. related activities.’’. (2) The table of contents in the first section of ‘‘(4) The Secretary of Defense shall prescribe SEC. 717. REQUIREMENTS FOR SUBMITTAL OF that Act is amended by inserting after the item regulations governing the exercise of authority BUDGET INFORMATION ON INTEL- relating to section 109 the following new item: LIGENCE ACTIVITIES. under this section by elements of the Depart- (a) SUBMITTAL WITH ANNUAL BUDGET.—Not- ‘‘Sec. 110. National mission and collection ment of Defense, including regulations relating withstanding any other provision of law, the tasking authority for the National to the protection of sources and methods in the President shall include in each budget for a fis- Imagery and Mapping Agency.’’. exercise of such authority. cal year submitted under section 1105 of title 31, (b) EFFECTIVE DATE.—The amendments made ‘‘(c) DEFINITIONS.—For purposes of subsection United States Code, the following information: by subsection (a) shall take effect on the later (a): (1) The aggregate amount appropriated during of— ‘‘(1) The term ‘United States law enforcement the current fiscal year on all intelligence and (1) the date of the enactment of the National agency’ means any department or agency of the intelligence-related activities of the United Defense Authorization Act for Fiscal Year 1997; Federal Government that the Attorney General States Government. or designates as law enforcement agency for pur- (2) The aggregate amount requested in such (2) the date of the enactment of this Act. poses of this section. budget for the fiscal year covered by the budget Mr. SPECTER. Mr. President, I ask ‘‘(2) The term ‘United States person’ means for all intelligence and intelligence-related ac- the following: unanimous consent that the Senate in- tivities of the United States Government. sist on its amendment to H.R. 3259 and ‘‘(A) A United States citizen. (b) FORM OF SUBMITTAL.—The President shall ‘‘(B) An alien known by the intelligence agen- submit the information required under sub- request a conference with the House, cy concerned to be a permanent resident alien. section (a) in unclassified form. the Chair be authorized to appoint con- ‘‘(C) An unincorporated association substan- SEC. 718. REPORT ON INTELLIGENCE COMMUNITY ferees on the part of the Senate, and, tially composed of United States citizens or per- POLICY ON PROTECTING THE NA- finally, S. 1718 be placed back on the manent resident aliens. TIONAL INFORMATION INFRASTRUC- calendar. ‘‘(D) A corporation incorporated in the United TURE AGAINST STRATEGIC ATTACKS. The PRESIDING OFFICER. Without (a) IN GENERAL.—(1) Not later than 120 days States, except for a corporation directed and objection, it is so ordered. controlled by a foreign government or govern- after the date of the enactment of this Act, the ments.’’. Director of Central Intelligence shall submit to The Presiding Officer (Mr. BROWN) (b) CLERICAL AMENDMENT.—The table of con- Congress a report setting forth— appointed Mr. SPECTER, Mr. LUGAR, Mr. tents in the first section of that Act is amended (A) the results of a review of the threats to the SHELBY, Mr. DEWINE, Mr. KYL, Mr. by inserting after the item relating to section 105 United States on protecting the national infor- INHOFE, Mrs. HUTCHISON, Mr. COHEN, the following new item: mation infrastructure against information war- Mr. BROWN, Mr. KERREY, Mr. GLENN, fare and other non-traditional attacks; and ‘‘Sec. 105A. Assistance to United States law en- Mr. BRYAN, Mr. GRAHAM, Mr. KERRY, (B) the counterintelligence response of the Di- forcement agencies.’’. rector. Mr. BAUCUS, Mr. JOHNSTON, and Mr. SEC. 716. APPOINTMENT AND EVALUATION OF OF- (2) The report shall include a description of ROBB, and from the Committee on FICIALS RESPONSIBLE FOR INTEL- the plans of the intelligence community to pro- Armed Services, Mr. THURMOND and LIGENCE-RELATED ACTIVITIES. vide intelligence support for the indications, Mr. NUNN conferees on the part of the (a) IN GENERAL.—Section 106 of the National warning, and assessment functions of the intel- Senate. Security Act of 1947 (50 U.S.C. 403–6) is amended ligence community with respect to information to read as follows: Mr. SPECTER. Mr. President, I now warfare and other non-traditional attacks by ask unanimous consent that the ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS foreign nations, groups, or individuals against RESPONSIBLE FOR INTELLIGENCE-RELATED AC- the national information infrastructure. RECORD remain open for the insertion TIVITIES (b) DEFINITIONS.—For purposes of this section: of any additional statements as any ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CER- (1) The term ‘‘national information infrastruc- member of the committee or other TAIN APPOINTMENTS.—(1) In the event of a va- ture’’ includes the information infrastructure of Senator may wish to add. cancy in a position referred to in paragraph (2), the public or private sector. The PRESIDING OFFICER. Without the Secretary of Defense shall obtain the con- (2) The term ‘‘intelligence community’’ has the objection, it is so ordered. currence of the Director of Central Intelligence meaning given that term in section 3(4) of the Mr. SPECTER. Mr. President, as I National Security Act of 1947 (50 U.S.C. before recommending to the President an indi- understand the procedure, that now vidual for appointment to the position. If the 401a(4)). concludes the intelligence authoriza- Director does not concur in the recommenda- TITLE VIII—NATIONAL IMAGERY AND tion, the Secretary may make the recommenda- MAPPING AGENCY tion bill, but since I am here and it has just been acted upon, I would like to tion to the President without the Director’s con- SEC. 801. NATIONAL MISSION AND COLLECTION currence, but shall include in the recommenda- TASKING AUTHORITY FOR THE NA- make a few comments to supplement tion a statement that the Director does not con- TIONAL IMAGERY AND MAPPING my more extended statement. cur in the recommendation. AGENCY. The PRESIDING OFFICER. Without ‘‘(2) Paragraph (1) applies to the following po- (a) IN GENERAL.—(1) Title I of the National objection, it is so ordered. The Senator sitions: Security Act of 1947 (50 U.S.C. 402 et seq.) is is recognized. amended by adding at the end the following: ‘‘(A) The Director of the National Security Mr. SPECTER. Mr. President, I be- Agency. ‘‘NATIONAL MISSION AND COLLECTION TASKING ‘‘(B) The Director of the National Reconnais- AUTHORITY FOR THE NATIONAL IMAGERY AND lieve that this legislation is a very, sance Office. MAPPING AGENCY very significant step forward in reform ‘‘(b) CONSULTATION WITH DCI IN CERTAIN AP- ‘‘SEC. 110. (a) NATIONAL MISSION.—The Na- of the U.S. intelligence community— POINTMENTS.—(1) In the event of a vacancy in a tional Imagery and Mapping Agency shall have candidly, not as far as we should have

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10648 CONGRESSIONAL RECORD — SENATE September 17, 1996 gone, not as far as I would like to have This bill contains very significant we have unfinished business as to how gone, but a considerable distance, a provisions on economic espionage, con- we handle not only intelligence but significant distance in improving the tains a very significant provision on a force protection around the United intelligence community in the United commission to be established to States. States. streamline the Federal Government on But this is a significant step forward. The intelligence community has been our handling of weapons of mass de- This is the very best we could do. under considerable attack with disclo- struction. Some 96 different agencies Those who do not know the inter- sures of Aldrich Ames, with the prob- now touch that issue. There is not cen- workings of the Senate might be inter- lems in Guatemala, with many prob- tralized command. And those are very, ested to know that any one Senator lems around the globe. And last year, very important matters. can tie up this bill. A number of Sen- at the initiative of our distinguished An interest which I had pursued, to ators interposed objections, which we colleague, Senator JOHN WARNER, a try to give greater authority to the Di- had to work through laboriously to get commission was appointed to make rector of Central Intelligence, has this bill to the stage where it is now recommendations on what should be come into the spotlight with the ter- where it has been passed. done to reform the U.S. intelligence rorist attack on Khobar Towers on I thank my distinguished colleague, community. The commission—first June 25 of this year, and the allegation Senator KERREY from Nebraska, who headed by former Secretary of Defense by the Secretary of Defense, in a July has done an extraordinary job in many Aspin, whose untimely death caused a 9 hearing in the Senate Armed Services things over many years, but especially vacancy and the need to appoint a sub- Committee, that there was intelligence on the Senate Intelligence Committee. sequent chairman, another former Sec- failure, which I think was an incorrect As we have worked together, we have retary of Defense, Harold Brown—came assertion. The staff of the Intelligence had some tough times, especially as up with a comprehensive list of rec- Committee—and I emphasize ‘‘the the election grows nearer. We have ommendations, and the Intelligence staff’’ and not the full Intelligence kept the Intelligence Committee work- Committee then held extensive hear- Committee—but the staff prepared a ing on a bipartisan, nonpartisan basis. ings on a subject that goes back many report which was released last Thurs- I think it is indispensable on a com- years. day with my conclusions in my capac- mittee of this sort that the chairman The Intelligence Committee then ity as chairman of the Intelligence and the vice chairman and really mem- submitted a program which we thought Committee, but again not the full com- bers on both sides of the aisle work would make very major changes in the mittee, but my individual conclusions very closely to keep partisan politics U.S. intelligence community. There that there was not an intelligence fail- out of it. Senator KERREY and I have was very considerable objection then ure. worked laboriously at that and I think raised from a number of quarters, prin- Then yesterday we had the report of we have succeeded, notwithstanding cipally by the Senate Armed Services the Downing task force which took to the fact that we face some very, very Committee. task the Pentagon as well as the local difficult issues and continue to face Finally, after very extensive negotia- field commanders. I personally visited difficult issues as we work to complete tions, not only with the Armed Serv- Khobar Towers last month, and on quite a number of projects which yet ices Committee but also with the Gov- viewing Khobar Towers and seeing a remain undone. I would like to single out for special ernmental Affairs Committee and, to a fence only 60 feet from these high-rise praise—this is always a delicate mat- lesser extent, with the Rules Com- apartments, which house thousands of ter—some key staffers, Charles mittee, we have hammered out the our airmen, 19 of whom were killed and Battaglia, who is the staff director, and agreement which has been presented hundreds of whom were injured, it was Chris Straub, who is the staff director here and has been agreed to and will apparent to me, in the face of the many for the Democrats, the minority staff now go to conference. intelligence reports which had been re- director, for the extraordinary work It had been my desire that there ceived, that there was not an intel- which they have done on the nights, should have been more authority in the ligence failure and that there was in Saturdays, Sundays, you name it; and Director of Central Intelligence on re- fact a failure by the military, going to for general counsel, Suzanne programming, more authority on con- the Pentagon and the highest levels of Spaulding, and for Ed Levine, who has currence on the appointment of key of- the Pentagon, on failing to act to pro- been a powerhouse in drafting very ficials because of the general responsi- tect our airmen. complex reports. I thank the Chair, and bility of the Director of Central Intel- The conclusions yesterday of the I note the presence of my colleague, ligence, but that was not to be. Downing task force, as featured in the Senator PELL. I yield the floor. We filed our report at an early stage, Associated Press reports, faulted the The PRESIDING OFFICER. The Sen- but there was a reference under the Pentagon, as well as the local com- ator from Rhode Island is recognized. rules of referral to the Armed Services manders, for what had been done. I Mr. PELL. I thank my colleague and Committee which took considerable make comment of this at this time be- friend for yielding at this time. time and considerable time by the Gov- cause I believe this ties into the reform f ernmental Affairs Committee, and I of the intelligence community to have thank Senator WARNER for not taking a Director of Central Intelligence who IT IS TIME TO DEBUNK THE DAN- time in the Rules Committee. collects all of the information and GEROUS MYTHS ABOUT THE We find ourselves, as we frequently could, in effect, rattle the cages, where UNITED NATIONS do in the legislative process, very close necessary, to call attention to the top Mr. PELL. Mr. President, today the to the end of the session, not with suf- Pentagon officials, including the Sec- U.N. General Assembly will convene its ficient time to bring the matter to the retary and the Chairman of the Joint 51st session. This occasion has par- floor and to debate the issues of re- Chiefs of Staff, about the need for ticular meaning for me because 51 programming or concurrence or ap- greater protection of our forces. We years ago I had the honor of serving on pointments or many other issues, so we have not gone that far, and we have not the International Secretariat of the have had to make an accommodation accomplished that. I make these com- San Francisco Conference that drew up to have the bill handled by unanimous ments in the context of what had oc- the United Nations’ charter. In 1970, I consent in the course of a few minutes curred on June 25 and what happened was privileged to serve as a Represent- as we have already done earlier today. just yesterday with the filing of the ative of the United States to the 25th Senator KERREY, my distinguished vice Downing committee report. session of the General Assembly of the chairman, and I have agreed to this be- But I have talked to my colleagues United Nations. This year I have been cause, as I say, this is a significant about where we stand now, and the sen- honored again with my nomination by step forward. We want to go to con- timents have been expressed that we President Clinton and confirmation by ference. We want to get these provi- will have a chance to further improve my Senate colleagues to be a rep- sions accepted and placed into law even the intelligence community at a later resentative of the United States to the though a great deal more should have date. But that remains, to some sub- 51st session of the United Nations Gen- been done. stantial extent, unfinished business, as eral Assembly.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10649 Having been present at the United States and other permanent members That includes $304 million for the U.N. Nations’ creation and observed its enjoy veto power. Because of these in- general budget, $359 million for peace- work over the last 50 years, I strongly stitutional checks, the United Nations keeping operations, $7 million for war believe in the need for such a body and usually must struggle to achieve crimes tribunals, $337 million in assess- in the principles upon which it was enough of a consensus to make action ments to the United Nations’ special- founded. While I have applauded and possible. In no way could one mistake ized agencies, and $501 million in vol- participated in efforts to amend and this organization for an out-of-control untary contributions to programs such improve the organization, I would bureaucracy trampling upon the pre- as UNICEF and other programs that argue that these last 51 years have wit- rogatives of nation-states. the United States has treaty obliga- nessed an impressive record of achieve- A second myth about the United Na- tions to support. This total American ment. Though it has not always lived tions is that it does not serve Amer- contribution represented less than half up to all the expectations of its found- ican interests. In the most extreme of 1 percent of the current defense ers, the United Nations has irrevocably version of this myth, critics imagine budget; that allotted for peacekeeping changed the world in which we live. De- that the United States always fares less than the annual budget of the New spite the obstacles posed by the poli- worse when it acts multilaterally, than York City police force. tics of the cold war, I can think of nu- when it goes it alone. In fact, given On a per capita basis, the annual U.S. merous examples where the United Na- that many of today’s most pressing contribution to the U.N. regular budget tions succeeded in promoting inter- problems—be it crime, disease, envi- breaks down to slightly more than $1 national peace and security—in Na- ronmental degradation, terrorism, or per American. This is considerably less mibia, El Salvador, Cambodia, and currency crises—transcend national than what most other people in the countless other countries. Whether boundaries, there is much to be gained world pay. For example, the per capita brokering peaceful settlements to vio- from forging common solutions to contribution of the U.N.’s newest mem- lent conflicts, halting the proliferation common problems. ber state, Palau, is over $6 per person. of nuclear weapons, protecting the The end of the artificial divisions of Clearly, the American taxpayer is get- international environment, or immu- the cold war has presented the United ting a good deal for his money. nizing children from disease, the States with an extraordinary oppor- Of course there is certainly room for further economies. Like many large or- United Nations has made the world a tunity to use the United Nations to ad- ganizations, the United Nations could safer place. Clearly, if the United Na- vance its foreign policy goals. In the be leaner, more efficient, and more re- tions did not exist today, we would last U.N. session, members of the Gen- sponsive. But rather than eviscerating have to invent it. eral Assembly voted with the United I am therefore troubled by the in- States 88.2 percent of the time; 91 per- one of the key institutional creasingly violent attacks on this im- cent of Security Council resolutions underpinnings of the present inter- portant institution—in Congress, the were adopted unanimously. The United national order by starving it of funds, press, and other public fora. These at- Nations has enabled the United States we should work patiently but deter- minedly with like-minded states and tacks seem symptomatic of a broader to avoid unilateral responsibility for with the U.N. Secretariat to reform and dangerous tendency to seek to re- costly and entangling activities in re- and to improve it. I am heartened by treat from our international commit- gions of critical importance, even as it the consensus among such strong advo- ments and obligations. Revolutionary yields to the United States a position cates for U.N. reform as former Ambas- changes in communications, transpor- of tremendous authority. To para- sador Jeane Kirkpatrick and former tation, capital flows, and the nature of phrase former Secretary of State Assistant Secretary of State John warfare have irreversibly linked our James Baker, U.N. peacekeeping is a Bolton that the U.S. benefits greatly fate with that of the rest of the world. pretty good bargain. For every dollar from its membership in the United Na- Today, there is no ocean wide enough— the United States spends on peace- tions. I also agree with them that a keeping, it saves many more dollars by nor border fence we could build that U.S. withdrawal from the United Na- preventing conflicts in which it might would be high enough—to keep out an tions would be contrary to our national often turbulent world. otherwise have to become involved. From a cost-benefit perspective, U.S. interests. Rather than abandoning our role as How we go about the task of reform- contributions to the United Nations part of the international community, ing the United Nations will say a lot and its agencies have been a very we should endeavor to expand and im- about the prospects for American lead- worthwhile investment. In addition to prove cooperation with those states ership in the twenty-first century. As the American lives and dollars saved that share our values in order to ad- after World War II, the United States by U.N. peacekeeping missions, other dress our common problems. The faces a decisive challenge: whether to United Nations offers a valuable forum U.N. agencies have worked to prevent maintain the mantle of international for such cooperation. disaster and death and to promote leadership and stay engaged in the cre- With this in mind, I would like to use health and security both here in the ation of a new international order, or this opportunity to address three of the United States and abroad. In 1977, the to seek to retreat into isolationism. more dangerous myths that have been World Health Organization [WHO] The latter course is an even more dan- propagated recently regarding the averted an estimated 2 million deaths gerous option today than it would have United Nations: per year by eradicating smallpox. been 51 years ago. Only through inter- The first of these myths is that the Today, WHO’s children immunization national engagement and assertive United Nations somehow threatens program saves an estimated 3 million leadership can America hope to prosper American sovereignty. Critics of the lives every year. In 1992, during a se- and safeguard its security in the next United Nations have often depicted the vere drought in Africa, the Food and century. The United Nations can serve organization as a nascent world gov- Agriculture Organization and the as an important vehicle for advancing ernment eager to supplant the nation- World Food Programme saved an esti- these vital national interests. state. In fact, the United Nations more mated 20 million people from starva- f accurately resembles an unruly debat- tion. And in this last week, the U.N. ing club, where members control and General Assembly overwhelmingly THE RIGHT TO SAY NO vote on its activities. Moreover, the adopted the Comprehensive Test Ban Mr. BAUCUS. Mr. President, I rise to United Nations charter clearly states Treaty, which will contribute to the se- make a short statement on my strong that resolutions of the General Assem- curity and well-being of generations of disappointment that the energy and bly are non-binding on member states. peoples to come. water conference report does not in- In similar fashion, United Nations con- Which brings me to the third myth: clude the Senate-passed amendment ventions only apply to nations that that U.S. participation in the United giving the States and the cities the elect to ratify them. The one United Nations is ruinously expensive. In fact, right to say no to the importation of Nations body in which decisions could in fiscal year 1996, the United States’ out-of-State garbage. be binding upon member-states is the assessed and voluntary contributions I must say, and I think you remem- Security Council, where the United to the U.N. system totaled $1.51 billion. ber, Mr. President, this is not a new

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10650 CONGRESSIONAL RECORD — SENATE September 17, 1996 issue. This has been around since 1989. which at least they think makes sense tice that this may be a particularly Essentially, it is a battle between for them. That way, we can work an- convenient time in which to bring such those States who want to export their other compromise that is between the amendments to the floor and to have trash to another State and those House and the Senate, and we can fi- them considered. States on the receiving end who do not nally solve this problem—it is not the With that, and until we have some want it. perfect way, but in a way that gen- business to do, Mr. President, I suggest Not long ago in my State, the city of erally resolves the problems so that the absence of a quorum. Miles City faced a prospect that was today more local communities can say The PRESIDING OFFICER. The practically a Noah’s flood of garbage no to the importation of garbage com- clerk will call the roll. imports. Fortunately, that plan fell ing into their States. That is only fair. The bill clerk proceeded to call the through, but the really crazy and I ask the House to act quickly. roll. humiliating part of it all was that the I yield the floor, and I suggest the ab- Mr. KENNEDY. Mr. President, I ask unanimous consent that the order for 5,000 citizens of Miles City could only sence of a quorum. the quorum call be rescinded. sit and wait. They had no say at all and The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. no way to stop the waste from coming clerk will call the roll. ASHCROFT). Without objection, it is so in. Why? Very simply, because the Su- The bill clerk proceeded to call the ordered. preme Court has struck down attempts roll. by States to limit importation of gar- Mr. GORTON. Mr. President, I ask f bage, saying it violates the commerce unanimous consent that the order for IMMIGRATION clause of the Constitution. So we in the the quorum call be rescinded. Mr. KENNEDY. Mr. President, just a Congress have to act and pass Federal The PRESIDING OFFICER (Mr. few moments ago the Democratic con- legislation that enables States and en- CAMPBELL). Without objection, it is so ferees that had intended to meet in ables local communities to say no. ordered. conference between the House and the It is obviously wrong, Mr. President. f Senate to consider the immigration It is unfair for any city, whether Miles bill were notified that conference was DEPARTMENT OF THE INTERIOR City or any other city in the United indefinitely postponed. No time was es- AND RELATED AGENCIES APPRO- States, to not have the right to say no tablished when there might be a follow- PRIATIONS ACT, 1997 to garbage coming into their State. As up conference. you recall, we in the Senate have done The PRESIDING OFFICER. Under The issues of illegal immigration are our part. Way back in May of 1995, we the previous order, the hour of 11 a.m. of enormous importance to this coun- passed a bill to let Montana and other having arrived, the Senate will resume try. There are a number of States that States say no to the importation of consideration of H.R. 3662, which the are directly impacted by illegal immi- out-of-State garbage. The House of clerk will report. gration, but the problems of illegal im- Representatives, however, has a dif- The bill clerk read as follows: migration also affect just about every ferent story. They have stalled. They A bill (H.R. 3662) making appropriations State in this country in one form or have stalled on any action in this for the Department of the Interior and re- another. There has been considerable measure for a couple of years. lated agencies for the fiscal year ending Sep- discussion and debate about what poli- I say that the people of Montana, the tember 30, 1997, and for other purposes. cies we ought to follow to address the people of Pennsylvania, Indiana, Michi- The Senate resumed consideration of issues of illegal immigration. gan, Ohio, and other States affected by the bill. For a number of years, we have had the deluge of garbage coming into their Pending: special commissions that were set up States cannot afford to wait any Pressler Amendment No. 5351, to promote by the Congress to look at various im- longer. They are anxious. They are the livestock industry. migration issues. We had the Hesburgh concerned. They feel the Government Bumpers modified amendment No. 5353 (to Commission. The commission was bi- ought to be able to do something to ad- committee amendment on page 25, line 4 partisan in nature and made a series of dress this situation. Some of these through line 10), to increase the fee charged recommendations both with regard to States are already importing millions for domestic livestock grazing on public legal and illegal immigration. The Con- rangelands. of tons of garbage, and they do not gress acted on both of the rec- want to import more. AMENDMENT NO. 5353, AS MODIFIED ommendations. Now it appears that New York City Mr. GORTON. Mr. President, it is my Subsequently, because of the enor- may add 10,000 tons or more of trash understanding that we have now re- mous flow of illegal immigrants com- every day—10,000 tons of trash every sumed consideration of the Bumpers- ing to the United States, the Hesburgh day—when it closes its Fresh Kills Gregg amendment? Commission called for the United landfill on the outskirts of New York The PRESIDING OFFICER. The Sen- States to respond to the problem. After City. That should drive home to every- ator is correct. all, it is a function of our National one, and especially the House, how im- Mr. GORTON. Between now and 12:30, Government to deal with protection of portant it is to act and to act quickly. while we are on the Bumpers-Gregg the borders, and also to guard the bor- We talk a lot around here about local amendment relating to grazing fees, I ders themselves. This area of public control, about letting States decide believe that that amendment was de- policy presented an extremely impor- their own destiny, letting local com- bated thoroughly yesterday afternoon. tant responsibility for national policy- munities decide their own destiny. By In addition, there will be 20 minutes makers. saying no to the Senate amendment on equally divided on the amendment Beginning just about 2 years ago my this conference report, the House is after we reconvene following the party colleague and friend, the Senator from preventing the people from controlling luncheons before our vote on that Wyoming became the Chair of the Im- their own destiny. By saying no, States amendment. migration Subcommittee. I have en- cannot stop out-of-State garbage from As a consequence, Mr. President, I joyed working with him on immigra- being dumped in their own backyard. suspect that there is time between now tion—we have agreed on many, many Obviously, the Senate bill we passed and 12:30 to deal with any other amend- different items; we differ on some is not perfect. It is a compromise. It is ments that Members of the Senate may issues, and some we have had the good a compromise between the importing wish to propound. There are some 25 or opportunity to debate on the floor of States that take garbage and do not 30, at least, amendments that are rel- the Senate on various occasions. want the garbage and the exporting evant to this bill on which the man- In fact, we agreed on many of the States that, frankly, want to export agers have been notified. Probably half provisions in the Senate immigration more. It is a compromise. It is a com- or more of them can be accepted in bill. I welcomed the opportunity to promise we can live with. their present form or another form can support the legislation which passed Now, the House, apparently, does not be worked out. overwhelmingly—97 to 3. Although the want to act. It is not compromising. I So all Senators who are within hear- legislation was not perfect, it rep- say the House should pass something ing of these proceedings can be on no- resented a bipartisan effort to try to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10651 deal with the problem of illegal immi- bill the Republicans drafted, the Demo- leged item, nonetheless, what we find gration. I can remember how Chairman crats had to threaten parliamentary is, rather than just sitting down and SIMPSON dealt with the issues over a maneuvers in the House. discussing it in an open kind of forum, year ago when the Jordan Commission Nonetheless, we were notified we where the public would be invited to at was winding up their consideration of were going to have the conference least observe and to understand the illegal immigration issues. There were meeting today at noon; that we were public policy issues that are being de- many who felt we ought to rush to going to have a conference, break for bated, there are negotiations taking judgment. That we ought to provide the leadership meetings and then go place not with the Members of the Con- amendments on different pieces of leg- back and resume the conference. There gress and Senate that have to vote on islation. Senator SIMPSON said, ‘‘No; we was a clear anticipation that action the legislation, not with the Members are going to follow a process and a pro- would occur on the conference report. I of the House and Senate who have cedure.’’ He spoke as a senior legislator had hoped we would be able to revisit worked to try to be constructive and and as someone who has provided im- some of the items. We had tried to who have supported the legislation portant leadership on the issues of im- work together with members of the here in the U.S. Senate the last time migration. conference who were interested in some that we came—oh, no, the negotiation So we consulted the Judiciary Sub- of these issues that were not nec- is taking place with the Dole campaign committee on Immigration and later essarily partisan to see if we would at officials—the Dole campaign officials. the full Judiciary Committee, and we least have an opportunity for a brief They are the ones that are negotiating consulted with the Jordan Commission. debate on some of those. I think we with the Republican leadership on the We had extensive hearings. We moved were prepared to have that discussion shape of the immigration bill. through the process of markup. In the and debate and to raise those issues. The stories have been out there of markup itself Senator SIMPSON took The most important of all of the issues, the meetings that took place last week the time to visit the members of the of course, is the Gallegly amendment, and the positions of candidate Dole, committee, Republican and Democrat and whether we, as a public policy, are who wants, evidently, the Gallegly alike, to find their principal areas of going to dismiss from the public amendment included in the final immi- concern—to see if we could find com- schools of this country those children gration bill, and others within the Re- mon ground. Then, in the best tradi- who may be the sons and daughters of publican Party do not want to have tions of legislating, we had a series of illegal immigrants. The Gallegly provi- that. It is tied up, I dare suggest. It is days of markups. I daresay the partici- sion is strongly opposed by the law en- always a concern to speculate on what the motivations of other people are. pation of Republican and Democrat forcement officials and by teachers, But, it is increasingly apparent to alike in those markups was enor- who do not become teachers only to be many of us that the Republicans want mously impressive. I do not think turned into a truant officer who turns to make very difficult for the Members there is a member of that committee in names of suspected illegal immi- to deal in a bipartisan way with the on any side of any issue who does not grant children to INS. There were a issue of illegal immigration. It seems feel they were given a full opportunity number of other important issues in they either want the President to veto the Republican conference report, to make the presentation of their con- the legislation, or let it die in the Sen- cerns and to engage in a dialog, discus- which I will mention in a few moments. ate in the final hours of the Congress Then we were notified just a few mo- sion and debate. We had a fair hearing while Republicans and Democrats alike ments ago that our Republican friends of every issue—conducted under the express their dislike of the Gallegly are in disarray about what their posi- chairmanship of Senator HATCH. I be- provisions. lieve the entire process took 9 days. tion is with regard to the Gallegly So then there might be the oppor- They were full days. We did it section amendment, and that there is no con- tunity for those to say, look what has by section of the legislation, with noti- sensus. Even right now, since we have happened on the important issue of il- fication so members would have an been notified that this conference is legal immigration; we were not able to idea which areas were going to be ad- postponed, there is no effort to try to get the bill to the President. The Re- dressed each day. This was really in include Democrats in the conference, publican side says that if they take the the best traditions of legislating. or to talk about issues of concern to Gallegly amendment out, the bill may We moved forward, passed the bill us. There is still no effort, even at this well go through the Senate of the out of the Judiciary Committee, and late date, to craft legislation that United States and House of Represent- had extensive debate here on the floor would deal with a central concern of atives, and the President might sign it of the Senate. It took a number of the people of this country, and that is and get some credit for it. He might days, I believe 7 or 8 days. Sometimes the growth of illegal immigration. The get some credit for the bill in Cali- the debate was tied up on the issues of Republican conferees still have not al- fornia in an important election year. minimum wage. By and large, the dis- lowed us to address in a bipartisan way Now, Mr. President, I don’t think I cussion focused on the issues of illegal what this conference report means in am far off from the facts with that immigration. Then we had the rollcall terms of job loss for American workers, kind of a speculation, particularly vote. As I mentioned earlier, rarely do what it means in terms of crowded when we find that about the inability we have a matter of this importance schools, and what it means for the of Republican leadership to try and pass by a margin of 97 to 3 in the U.S. challenges that we are facing on the bring forth a conference report that re- Senate. Especially involving an issue borders, with all of the complex social flects agreement among Republicans. on which Senators have many different and economic criminal elements asso- The American people can say, well, if opinions. ciated with it. These are complex we can get a good bill, why don’t we do Then something happened, Mr. Presi- issues that the Democratic Members it? Do we always have to include the dent. We had the appointment of con- want to address and come to some con- Democrats in it? The fact of the matter ferees in the Senate, Republican and clusion on. is, we have supported illegal immigra- Democrat, but the Democratic con- Now we are notified that we still do tion proposals. We are interested in ferees were never invited to participate not have an opportunity to resolve this issue of illegal immigration. It is in pre-conference negotiations with our these issues in a bipartisan way. The an issue for the Nation to deal with, Republican colleagues. There were only conference is postponed again, but the but it is also a matter which has a dra- negotiations between the Republicans Republicans say they somehow going matic impact on the lives of workers in in the House of Representatives and to get together again. I now under- this country, because when they find the Republicans in the Senate. It has stand the power of the majority in out that unscrupulous employers are only been in the last few days that the being able to push legislation through. going to hire illegals and pay them less House Democrats were actually ap- Certainly, they do in the House of Rep- than their American counterparts, it pointed. It was only in the last few resentatives. They are able to have the has a dampening affect on wages for days that they were able to obtain the power to jam legislation through there. American workers. That has been de- legislation itself. And before the Demo- It is more difficult in the Senate. Al- bated and discussed, and we have var- crats could find out what was in the though a conference report is a privi- ious studies in the RECORD. But it is

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10652 CONGRESSIONAL RECORD — SENATE September 17, 1996 pretty self-evident that one of the prin- trol of illegal immigration is that the their comments. Congressman BECERRA cipal factors of holding down wages in breeder document is the fundamental talked about the additional kinds of our country is the fact of illegal immi- document to establish eligibility to burdens needy legal immigrants are grants taking jobs here in the United work in the United States. We need to going to face under this legislation. States. cut back on the forgery taking place. Senator LEAHY’s excellent presentation Was it so unworthy that we would What do we find out from that? That on summary exclusion pointed out that try, in dealing with the problems of provision has been emasculated. It says summary exclusion was a good name illegals. We must recognize that of the tamper-resistant birth certificates will for his amendment because so many of million and a half people that come only be required for future births, the Members of the House and Senate into the United States illegally each which means that we are going to have have been summarily excluded from year, about 350,000 remain in the this problem for 30 or 40 years, while any of the conference considerations. United States. Get this: Of the workers the next generation begins to grow up But he has reminded us of what would that come here and remain here as ille- and go into the job market. The con- happen to those that have a very legiti- gal workers, half of them came to the ference report has made a sham out of mate fear of persecution and death United States legally, and overstayed true reform on this issue. coming here under the procedures their visas. No amount of border en- It effectively emasculated those which have been accepted into this leg- forcement can deal with them. But very, very important provisions that islation despite the fact that the Jus- they are still taking American jobs, had been included with the leadership tice Department in this administration and they are continuing to depress the of Senator SIMPSON. And I think those has doubled the number of deporta- wages of American workers. The only were tough, difficult provisions for him tions. Congressman FRANK and Senator way you are going to get to these ille- to adopt and accept. But, nonetheless, SIMON talked about the changes in the gal workers is in the workplace. As the it was a very, very key element to con- test for following proving discrimina- Jordan Commission pointed out, the trolling illegal immigration. tion in the workplace. Under the con- most likely employers that hire We also understand from the Repub- ference report, you must prove dis- illegals are also the ones that do not lican conference report, that for the crimination by an intent test rather respect the fair standards for workers first time in the history of American than the effects test. They talked and the working conditions for Amer- immigration law, if you are a worker about how that will complicate en- ican workers. working 40 hours a week for 52 weeks of forcement and make it exceedingly We find that in regions of the coun- the year, you have a very good chance more difficult to hold any employer try where you have the exploitation of you will not make enough income to liable even if they had a pattern or workers, you find, by and large, the bring in your wife, or your husband, or practice of discrimination; Congress- greatest numbers of those employers your child. For first time in American man RICHARDSON, HOWARD BERMAN, that hire the illegals. Now, in the Sen- immigration, they set a standard of ZOE LOFGREN of California; and others, ate bill we added 350 labor inspectors to what your income is going to have to including Congressman BRYANT—the find employers who violate our labor be in order to bring in a spouse, or a ranking member of the House Immi- laws by hiring illegal immigrants. That small child. The standard is even high- gration Subcommittee. is a 50-percent increase in the amount er for other members of the family. They talked about the different as- of inspectors the Department of Labor So the conference report says, if you pects of this conference. Most, if not currently has. What happened to that have the resources, if you are wealthy, all, supported the original legislation. provision? It has been eliminated by you are going to have the open oppor- We are deeply disappointed in the proc- the Republicans. It has been cut out of tunity to bring in your wife, your kids, ess and the conference report. It has the conference. It has been absolutely your brothers, or your sisters, or your been four months since we passed the cut out of the conference report. grandparents, but not if you are a immigration bill in both the House and One of the important provisions that member of the working class. the Senate. In the Senate we voted in we debated in the Senate was the de- This conference report is three early May, and now it is going into the velopment of various pilot programs to strikes and you are out in terms of pro- backside of September. We voted on verify the eligibility of people to work tecting American workers. They lose this issue. And we have the cancella- in the United States. We had Senate protection in the workplace because tion of the conference. The Senate con- provisions crafted to test what pilot the Republicans struck the provisions ferees were appointed right away in program would work most effectively, to provide protection for American May. Now 4 months later, nothing. so we can help employers make sure jobs. They lose the protections that Now we hear they are cooking up yet they are able to hire without the fear would come out of the pilot programs another version of the Gallegly amend- of discriminating against American to protect American workers—and we ment. workers. Well, what happened with are talking about American workers— Mr. President, this demonstrates that language? We had good pilot pro- that may trace their ancestry to dif- that the Republicans really are not se- grams. But they were dropped. And a ferent parts of the world. But because rious about dealing with illegal immi- different series of programs—and many of the color of their skin, or their ac- gration. They want a campaign issue, of us question the effectiveness of their cent, or their appearance, they are the not a bill. If they were serious, the con- results—are authorized. Many would subjects of discrimination. Discrimina- ference would be meeting now with bi- say that the Republican conferees tion which we know exists because partisan input. And with the challenge eliminated the Senate pilot programs GAO has documented it in the past. We to all of the Members of the House and under the weight and pressure of the are interested in trying to deal with il- the Senate—Republicans and Demo- business community and unscrupulous legal immigration; those who are going crats—can we get a bill that is going to employers, so they do not have to face to be a burden on the American tax- deal with the problems of illegal immi- the problems of dealing with hiring payer. But we are also interested in gration? illegals. trying to protect American workers. Illegal immigration is a problem. We And then, of course, there are the And these are the provisions that are committed, as the vote in the U.S. provisions in the law that undermine, would have helped to protect American Senate showed, to trying to do some- in a very dramatic way, provisions workers, and these are the provisions thing about it. It is not too late to do placed in the Senate bill by Senator which have been changed or removed something about illegal immigration. SIMPSON dealing with breeder docu- altogether. But as long as our Republican friends ments—the birth certificates and driv- Mr. President, we had an excellent are going to continue to meet behind ers licenses. This was controversial meeting just a short while ago with a the closed doors, refusing to let the issue on the Senate floor. But, we de- number of our Democratic colleagues sunshine in, I fear for what eventually bated it in a bipartisan way. Now, they from the House and the Senate. We re- will come out of it. too have been changed. viewed some of the problems we have It is a real, great disservice to the One of the principal reasons breeder with this legislation. I will try and in- American people and to this institu- documents are so essential to the con- clude as part of a general statement tion that we are in this situation. But

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10653 we will be resolute. We still are strong- graze cattle on Federal lands, you lease this. It is a terrible thing for us to con- ly committed to trying to get legisla- it by what is called an AUM, or animal tinue to allow. tion that is responsible and that will be unit month. That is the amount of The PRESIDING OFFICER. The Sen- effective. We still await any oppor- grass it takes to feed one cow and her ator’s 6 minutes has expired. tunity that might come up to try to calf for 1 month. Some ranchers, for ex- Mr. BUMPERS. Mr. President, I re- offer whatever judgments that we ample those in southern Arizona and serve the balance of my time. might have that can move this process New Mexico, graze 12 months a year. The PRESIDING OFFICER. Who forward in a way which would deserve However, most of the permittees only yields time? strong bipartisan support for this legis- graze 4 or 5 months because there is Mr. DOMENICI addressed the Chair. lation. not any grass in the winter months. So The PRESIDING OFFICER. The Sen- It is a complex and a difficult issue. you can calculate, based on the current ator from New Mexico. But there is no reason in the world rate of $1.35 an AUM, how much a per- Mr. DOMENICI. I believe Senator that we can’t do it, and do it before the mittee is paying. CRAIG will be down here shortly. I ask end of this session. But to do so, we Why is this important? It is not the that the Chair inform me when I have have to have the doors and windows money. It is the principle. Mr. Presi- used 5 minutes, if you would, please, opened up for the public’s involvement. dent, grazing occurs on 270 million Mr. President. Mr. President, I yield the floor. I sug- acres of our Forest Service and Bureau Mr. President, first of all, there are gest the absence of a quorum. of Land Management lands, all Federal very different ways in which the public The PRESIDING OFFICER. The lands belonging to the taxpayers of domain is used from the standpoint of clerk will call the roll. this country—270 million acres. 97 per- grazing permits. It happens in a State The legislative clerk proceeded to cent of the people who hold grazing like mine we have 5,000 permittees. The call the roll. permits on those 270 million acres, and overwhelming number are small ranch- Mr. GORTON. Mr. President, I ask there are 22,350 total operators, are un- ers. And they use, for the most part, unanimous consent that the order for affected by the Bumpers amendment. the public domain for 12 months out of the quorum call be rescinded. Even the other 3 percent, who are the the year. The PRESIDING OFFICER. Without really big boys, are unaffected on the So the amendment that Senator objection, it is so ordered. first 5,000 AUM’s. BUMPERS is talking about uses this big In other words, if you have 6,000 f number, 5,000 animal unit months, AUM’s on your permit, for the first RECESS which is really about 400 head of cattle 5,000 you would pay the same rate you if you graze on the public domain for 12 Mr. GORTON. Mr. President, obvi- are paying right now, but on the extra months out of the year. So it sounds ously, we are not going to be able to do 1,000 you pay whatever rate you would like a monster, but in States like mine any more business between now and have to pay if you leased State lands in it is a relatively modest cattle ranch- the scheduled recess for the two parties that particular State where the lands ing operation. to meet. As a consequence, I ask unani- lie. mous consent that the recess scheduled What does that amount to? It means, Second, to say to those who ranch on to begin at 12:30 begin immediately. for example, that the average on State the Federal land, ‘‘You may be asked There being no objection, the Senate, lands is $5.58. In Colorado the rate is to pay the same as the State fee for at 12:19 p.m., recessed until 2:15 p.m.; $4.04. So you pay the difference in Colo- this land,’’ not only invites a fee sched- whereupon, the Senate reassembled rado lands for every AUM over 5,000, ule that is different from State to when called to order by the Presiding and you would pay $4.04. State, but the State leases its land on Officer (Mr. SANTORUM). Who are these people? Who are these completely different rules than the Federal Government. f 3 percent that have these AUM’s? I will show you. I want you to bear in mind Yesterday, in a few minutes on the DEPARTMENT OF THE INTERIOR we passed a rather harsh welfare bill floor, I suggested that if the distin- AND RELATED AGENCIES APPRO- here just recently. The poorest of the guished Senator from Arkansas would PRIATIONS ACT, 1997 poor in this country took it on the like to make the public domain in a The Senate continued with the con- chin, and yet here is the biggest cor- sovereign State subject to the same in- sideration of the bill. porate welfare ripoff going on in Amer- hibitions and/or restrictions that the AMENDMENT NO. 5353, AS MODIFIED ica. State land has, then maybe some con- The PRESIDING OFFICER. Under Who are these people that have more sideration might be given to charging a the previous order, there will be 20 than 5,000 AUM’s? And can they afford State fee. minutes equally divided remaining to pay more? If they lease State lands, Let me give you a major example. In prior to a motion to table the Bumpers they pay $5.58. If they lease private one of the States, the State land can- amendment. lands they have to pay $11.20. If they not be used for anything other than The Senator from Arkansas. lease Federal lands it is $1.35. Can they grazing, if you lease it for grazing, ev- Mr. BUMPERS. Mr. President, I yield afford it? Here is Zenchiku, a Japanese eryone else is denied access to that myself 6 minutes. corporation, 40,000 acres, 6,000 AUM’s. land. You cannot get on it for recre- The PRESIDING OFFICER. The Sen- Newmont Mining Co., the biggest gold ation. You cannot get on it for hunting ator is recognized for 6 minutes. mining company in the world, 12,000 and fishing. But we have decided on the Mr. BUMPERS. Mr. President, let me AUM’s. William Hewlett of Hewlett- public domain that we lease our land explain to my colleagues the difference Packard, 100,000 acres and 9,000 AUM’s. under completely different conditions. between this amendment and my Anheuser-Busch, one of the 80 biggest We lease for grazing, and it is still open amendment that you voted on earlier corporations in America, 8,000 AUM’s. to hunting and fishing and to the build- this year. In March, I offered an So I ask you, can these people—J.R. ing of habitat for wild game and for amendment that increased the Federal Simplot, in Idaho, an Idaho billionaire, fish. grazing fee for all permittees and those a multibillionaire that controls 50,000 So the argument that there is some who controlled more than 2,000 animal AUM’s. Can Mr. Simplot, who is worth kind of advantage and some kind of re- unit months paid a higher fee. This billions, afford to pay maybe $2.50 more ality and some kind of logic to saying, amendment is different. I have raised for all his cows above 5,000? let us charge what the State’s charge the ante to provide that, unless a per- Mr. President, this national ripoff is, ignores the fact that the State mittee controls 5,000 animal unit has been going on for almost 50 years. leases its land under completely dif- months, he is totally unaffected by my In March the offer I made to the Sen- ferent rules, regulations, conditions, amendment. In fact, any permittee who ate was anything above 2,000 AUM’s, and inhibitions. controls less than 5,000 animal unit and I lost by three votes. So yesterday Additionally, we do not need two sets months pays the present grazing fee. I amended my amendment to make it of fees. We do not need a fee for the Let me go back. What is an animal 5,000 hoping I could at least cause three rancher in northern New Mexico who unit month? When you lease lands to people to change their minds about has 200 head of cattle and up the road

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10654 CONGRESSIONAL RECORD — SENATE September 17, 1996 for somebody who has 600 head of cat- owning as few as 500 head of cattle and And these concerns are many. Indeed, tle a different fee schedule. That is sub- grazing them for 10 months would need I dare say that I cannot see one virtue ject to manipulation. Even the Depart- 5,000 AUM’s. Such a rancher would be in this amendment. To begin with, let ment of the Interior, when we sug- subject to these higher fees. Especially there be no doubt about it: This gested it before, said it will not work hard hit by this amendment would be amendment is not an effort to inject to have two separate sets of fees. I am Utah’s beleaguered sheep grazers, a fairness into public lands grazing. not here defending large versus small, large proportion of whom would be Rather, this is the effort of interests but clearly, we do not need that. I gave faced with these higher fees. who want nothing more than to get pri- some examples yesterday of how that Grazing fee increases will accomplish vate ranchers off of public lands. ‘‘Cat- might work. It would come out with little more than to drive many family tle free in 93’’ was the clarion call dur- very large corporations being able to ranchers out of business. Of course, ing the last Presidential election of pay the lower fee and very small, inde- some private land owners charge more those who hold this view. Fairness? pendent operators with 450 head having than the Federal Government for graz- What is fair about it? As my good to pay a higher fee. ing on their lands. Private owners pro- friend and colleague from the State of Last, but not least, an amendment vide services which public lands do not. Idaho has pointed out, if it is fairness comparable to this was introduced last The Federal Government does not this amendment is after, then all par- year. It failed. We took a comprehen- stock water ponds, provide fences, or ties should be paying the same rate, sive bill to the House. That bill provide roads. Ranchers using the pub- rather than pitting one class against changes some of the rules and regula- lic lands must provide these things for the other. Of course, those of us on this tions and increases the fee about 40 themselves at their own expense. side of the aisle are not surprised by percent. We believe you need to change Mr. President, this amendment will this pitch: It is just such attempts to the rules and regulations before you in- not result in increased revenue from engender class warfare that those on crease the fees. That is pending be- public lands. It will more than likely the other side of the aisle have excelled tween the House and the Senate. And decrease revenue as ranchers who can at for lo these many years. Fairness? to come along on an Interior appropria- no longer afford to use public lands What is fair about penalizing success? tions bill and change the fee schedule, find other options or go out of busi- What is fair about discouraging small as recommended, does not seem to this ness. ranchers from becoming successful I might add, Mr. President, that Senator to be the thing to do at this ranchers? The supporters of this there are few other options for grazing time. amendment moan that the taxpayers So when the time is up, I will move, land in Utah. The BLM controls 22 mil- aren’t getting their money’s worth out lion acres of land in our State. The on behalf of all of those who have sup- of our ranchers. How much money do Federal Government controls 70 per- ported the grazing reform and the de- they think will be returned to the cent of our State. Treasury when many of these ranchers feat of a similar amendment, I will Mr. President, I urge my colleagues go out of business because they have move to table it. I hope that the Sen- to vote to maintain what is not only an ate will respond by letting this matter important part of our Western herit- been barred from these lands—and lie where it is, an argument now be- age, but an important sector of the again let me stress: This is most as- tween the House and the Senate on a economy of many Western States. The suredly their ultimate goal. Environmentalists are forever trying comprehensive reform bill which also next time my colleagues sit down to a to sell the American people a quick will provide for very significant in- nice juicy steak or to a hamburger Persian rug about ‘‘enviro dollars,’’ creases in grazing fees. I yield the with their kids at the local fast food and all of the money just waiting to be floor. restaurant, I hope my colleagues will generated by tourism. Good heavens. In Mr. HATCH. Mr. President, I rise remember that some rancher worked today to express my opposition to the hard to produce it and may have even Western States like mine the tourist Bumpers amendment to raise grazing lost money for this effort. season on these lands is only a few fees on public lands. The future of Mr. President, I urge my colleagues months long at best. And has it oc- many livestock producers in Utah and in the Senate to oppose the Bumpers curred to no one what tourist jobs pay? elsewhere in the country is threatened amendment. Unless you own the motel you are by this amendment. Mr. SIMPSON. Mr. President, I have probably making five bucks an hour I am not aware of any cattle pro- certainly enjoyed over the years the changing bed sheets. Colonial Wil- ducers in Utah who will be making a spirited debates in which I have en- liamsburg, just a couple hours drive profit this year. At the same time as gaged with my good friend from the south of here, is one of the healthiest Utah ranchers are facing dismally low State of Arkansas. He is a most pas- tourist enterprises in the country, yet prices for their cattle, they have been sionate and articulate representative there are people with 15 years seniority hit with a devastating drought. On top of his constituents and he is certainly there who topped out long ago at eight of this, economic conditions in Canada a credit to them. In the debate over or nine dollars an hour. The chimera of and Mexico have flooded our United raising grazing fees on ranchers who Tourism as a substitute for natural re- States market with their cattle. use the public lands, however, I find source use on our public lands is one of Ranchers who have grazed these myself pining for a new subject. We the great hoaxes perpetrated on the lands for generations are being forced have oft been down this road before. We American people by environmentalists. to pull up their stakes and close up have heard it all; about how those rot- I guarantee you that tourism will not shop. With the cattle industry in such ten billionaire ranchers are ripping off return more money to the Treasury bad shape, many agricultural lenders, the American people; about how they than grazing lease holders. aware of the possibility of increased are overgrazing and ruining the lands; But perhaps most offensive about the grazing fees on public lands, have be- about how we should have a progres- effort to rid our public lands of private come increasingly unwilling to lend to sive fee system that would hit some ranchers is the fact that Western livestock producers. An increase in ranchers hard and leave others alone; States are owned to an enormous de- grazing fees now could be devastating. about the inequity of rates charged for gree by the Federal Government: My This amendment would exempt Federal versus State lands. It is all State of Wyoming—52 percent; Idaho— ranchers from higher fees who have ‘‘old hat.’’ 63 percent; Nevada—a whopping 87 per- permits for fewer than 5,000 AUM’s, or Mr. President, I commend Senators cent. What are the people of the West animal unit months. Animals are num- THOMAS, CRAIG, DOMENICI, BURNS and to do but use these lands? Eastern bered and accounted for by animal unit all the others who have spoken out States are not owned by the Federal months. An AUM represents a unit of against this poor idea. I would be hard Government to near this degree. Nor is forage that is normally consumed by pressed to express my objections more the State of Arkansas, as my friend one cow and her calf or five sheep over cogently than they have done. Let me from Idaho has pointed out. a 1-month period. Unlike many States, just underline a few concerns that Fairness? What is fair about charging Utah public lands are grazed in the those of us from Western States share the same to graze on BLM lands as summer and the winter. A rancher with regard to this issue. that charged on State and private

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10655 lands? BLM land users have to furnish I do not know where the Senator marketplace economies and capitalism, their own improvements; fences, cul- from Arkansas is coming from at this which made this country great. Basi- verts, water tanks. They must contend moment other than for the political cally, what we have here is a program with public access to their herds. They sound bite for the up and coming cam- which essentially allows people to take have tighter restrictions on what pred- paign, because it is precedent setting, advantage at an extraordinarily low ators they can and cannot control and very precedent setting, to argue that rate, a subsidized interest, paid for by a host of other differences. we will divvy up the blades of grass of the taxpayers of America. Mr. President, this amendment is the public domain by who is rich and Mr. President, $58 million a year is neither fair nor prudent. We have de- who is poor, and we will use that as a spent on this land. The United States feated it before and I encourage my determination. We have never done it gets back $14 million. What we are sug- colleagues to defeat it again. I yield in any other way of selling a public re- gesting is that for those people who use the floor. source, and we all recognize the impor- this land excessively, who have a large The PRESIDING OFFICER. Who tance of marketing public resources to number of AUM’s that exceed the 97 yields time? get a fair and effective return to the percent of the people who are not going Mr. CRAIG addressed the Chair. Treasury. to be impacted, just the top 3 percent The PRESIDING OFFICER. Who Mr. President, that is what this Sen- of the people using this land, who use yields to the Senator? ate did. I think we ought to be proud of it to such an extensive rate, that those Mr. DOMENICI. How much time re- that work. Now, to attempt an end run people should pay a rate that is a high- mains on our side and on Senator around that effort, an end run that is er rate. BUMPERS’ side? Today’s rate is 43 percent less than The PRESIDING OFFICER. The Sen- precedent setting and totally unbal- anced, is, without question, in my what was paid in 1980. What we are sug- ator from New Mexico has 4 minutes, 53 gesting is a rate which does not even seconds remaining; the Senator from opinion, the wrong way to go. It di- vides the grazing communities of the account for what the inflation increase Arkansas has 3 minutes, 42 seconds. would be had that 1980 rate not been Mr. DOMENICI. Mr. President, I West. It should not be allowed to do that. It totally rearranges what has brought forward. It is a reduced rate, yield all of my time to Senator CRAIG. even by the simple terms of reflecting The PRESIDING OFFICER. The Sen- been a historic arrangement that has stabilized the West and brought good back to the 1980’s and adding inflation. ator from Idaho. We are suggesting a rate much closer Mr. CRAIG. Mr. President, let me stewardship to the public lands. to fairness, to equity, that gives to the echo again what the Senator from New The stewardship now recognized by taxpayers of this country, all of whom Mexico has just said. This is a fas- the Department of the Interior has re- happen to own this land—it is not just cinating precedent being established sulted in better conditions on Western owned by folks in the West—a reason- here in this amendment by the Senator grazing lands than in the last 100 years. able return on the investment they are from Arkansas, precedent in the way We, as trustees of that public domain, making. we would sell public resources. ought to be proud of that because we I yield the floor. Never before have we said to a large have insisted that stewardship go for- The PRESIDING OFFICER (Mr. timber company, ‘‘You’re going to pay ward. COATS). The Senator from Arkansas. a premium for the tree because you’re Now, that stewardship is a product of Mr. BUMPERS. Mr. President, the larger,’’ and to the smaller timber pro- the relationship of the permittee—that Senator from New Mexico and the Sen- ducer, ‘‘You’ll pay less.’’ We have never is, the rancher who has the permit that ator from Idaho alluded to what fair said to a rich person who walked into a leases the grass that grazes the cat- market prices are. If you live in national park, ‘‘You’re rich, so you’ll tle—that stewardship resulted in the Idaho—the Senator from Idaho men- pay more.’’ And we have never said, quality of the rangeland we now have. tioned he tried to establish a fair mar- therefore, to the poor person, ‘‘You will If you break it up into a rolling crap ket price—the price is $1.35 AUM if you pay less.’’ We have always established shoot of a kind that has been proposed lease lands for grazing from the U.S. what we believed was a fair market by the Senator from Arkansas, that Government. But if you lease lands for price for the value of the public re- stewardship goes away. No longer do grazing from his home State of Idaho, source. That is your job, Mr. President, you have the kind of longevity in graz- you have to pay $4.88 for the same and that is mine. ing that goes from generation to gen- thing, and in New Mexico, it is $3.54. This past year we made every effort eration with the clear recognition that The average that States charge for to accomplish that. We debated it long that has produced quality stewardship, the same thing we get $1.35 for is $5.58. and loud in the committee that the quality rangeland, quality wildlife Why are the States so much smarter Senator from Arkansas and I are mem- habitat, and by the Department of In- than we are? If you rent in the private bers of. We agreed and disagreed; and terior managers’ own admission, the sector, the national average is $11.20. we came back again and structured an- best conditions in rangelands in 100 The Senator from Idaho said we are other provision to reform. It had a fee years. trying to separate the rich from the increase in it for all parties who would Mr. President, I hope we could table poor. Nothing of the kind. These people lease the public’s grass. this amendment. I think it is wrong. I I am talking about—Anheuser-Busch, But what the Senator from Arkansas think it is unfair to divide the rich and Newmont—I do not think they argue is saying is, ‘‘If you’re rich, this blade the poor and establish that kind of an they are poor, they cannot afford to of grass for your cow will cost you argument. If we do that, I think you pay more, for example, than what his more than if you are less rich.’’ You and I will want to come back here and State would charge. If they are poor, if and I both know that deciding who is say to the millionaires that walk into people who have 5,000 AUM’s, which is rich and who is not rich is very arbi- our national parks, ‘‘You are rich, you all this amendment covers, if they are trary. Sometimes you can own 1,000 pay more; for those on food stamps, if poor, who are these 97 percent below head of cattle, and owe the bank $5 you can get to the parks, you pay them? We do not touch anybody except million, and have a net worth of nearly less.’’ people like Anheuser-Busch, Newmont zero. That happens in the cattle busi- That that should not be the way we Mining, William Hewlett, J.R. Simplot, ness on occasion. I doubt that the Sen- do it, but that is what is being pro- the biggest corporations, wealthiest ator from Arkansas would call that posed here today. people in America. rich, because if that individual rancher The PRESIDING OFFICER. All time I do not blame them. I would get land liquidated, there may be nothing left, has expired. The Senator from Arkan- for $1.35 before I would lease it from especially after estate taxes and all of sas has 3 minutes and 42 seconds re- the State of Idaho for $4.88, or lease it those kinds of things. maining. from somebody who owned land for But the important issue here is that Mr. BUMPERS. I yield 2 minutes to $11.20. All we are trying to do is say, if the Senate heard the need from the the Senator from New Hampshire. you want this land, fine, we will give public to raise the grazing fees and to Mr. GREGG. Mr. President, I rise in you 5,000 AUM’s at this ridiculously reform grazing, and we did, and the support of this amendment, which is low price. If you go above that, you Senate acted. not about rich and poor, but about will have to pay a little more.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10656 CONGRESSIONAL RECORD — SENATE September 17, 1996 We all know what this is. I heard all H.R. 3816, the energy and water appro- NAYS—8 of this debate yesterday about all these priations bill. Brown Feingold McCain poor little ranchers. The poor little Mr. GORTON. Mr. President, I ask Bryan Kerry Roth ranchers out there are not touched unanimous consent that we vote now Faircloth Kyl under this amendment. They can graze on the amendment. CHANGE OF VOTE 418 head every month for 12 months. Mr. President, this vote having been Mr. KERRY. Mr. President, I was re- Most permittees do not graze livestock 50 to 50 on the motion to table, and the corded as an ‘‘aye’’ on the previous on the Federal lands for 12 months. order having been that we vote on or in vote. I meant to be recorded as ‘‘nay.’’ Most of them only graze about 5 relation to the amendment, it seems at I ask unanimous consent that I be re- months a year, so you have to have least to this Senator that the logical corded as a ‘‘nay.’’ This would not af- 1,000 head on most of this land before course of action would be to vote now fect the outcome of the vote. you even get touched by this. If you on the amendment and then to vote on The PRESIDING OFFICER. Without have 1,000 head, you ain’t poor. the energy and water bill thereafter. objection, it is so ordered. The PRESIDING OFFICER. The time As a consequence, I ask unanimous (The foregoing tally has been of the Senator from Arkansas has ex- consent that we proceed to vote on the changed to reflect the above order.) pired. Bumpers-Gregg amendment. Mr. KERRY. I suggest the absence of Mr. DOMENICI. I move to table the The PRESIDING OFFICER. Is there a quorum. Bumpers amendment, and I ask for the objection? The PRESIDING OFFICER. The yeas and nays. Mr. BUMPERS addressed the Chair. clerk will call the roll. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- sufficient second? ator from Arkansas. ceeded to call the roll. There is a sufficient second. Mr. BUMPERS. Mr. President, I Mr. GORTON. Mr. President, I move The yeas and nays were ordered. think it would be well to debate this to reconsider the vote. The PRESIDING OFFICER. The amendment awhile longer. I am not Mr. SIMPSON. I move to lay that question is on agreeing to the motion prepared to vote on this amendment. motion on the table. of the Senator from New Mexico to lay The PRESIDING OFFICER. Is there The motion to lay on the table was on the table the amendment of the objection to the unanimous-consent re- agreed to. Senator from Arkansas. quest of the Senator from Washington? f The yeas and nays have been ordered. Mr. BUMPERS. I object. The clerk will call the roll on the DEPARTMENT OF THE INTERIOR The PRESIDING OFFICER. Objec- AND RELATED AGENCIES APPRO- motion to table. tion is heard. The legislative clerk called the roll. PRIATIONS ACT, 1997 The PRESIDING OFFICER. Are there The Senate continued with the con- f any other Senators in the Chamber de- sideration of the bill. siring to vote? The result was an- The PRESIDING OFFICER (Mr. nounced—yeas 50, nays 50, as follows: ENERGY AND WATER DEVELOP- KEMPTHORNE). The Senator from Wash- [Rollcall Vote No. 291 Leg.] MENT APPROPRIATIONS ACT, ington is recognized. 1997—CONFERENCE REPORT YEAS—50 Mr. GORTON. Mr. President, obvi- ously, under normal circumstances, we Abraham Dorgan Kyl The Senate continued with the con- Ashcroft Faircloth Lott sideration of the conference report. would now go back to the Bumpers- Baucus Feinstein Lugar The PRESIDING OFFICER. Under Gregg amendment on grazing fees. The Bennett Frahm Mack the regular order, the vote now occurs, Senator from Arkansas, and I think Bingaman Frist McCain the Senator from New Mexico as well, Bond Gorton McConnell as previously agreed, on the adoption Brown Gramm Murkowski of the conference report on H.R. 3816, wish a little time before we do that. I Bryan Grams Nickles the energy and water appropriations believe it totally appropriate to grant Burns Grassley Pressler that time. Campbell Hatch bill. On this question, the yeas and Reid Cochran Hatfield nays have been ordered, and the clerk Second, the distinguished senior Sen- Shelby Conrad Heflin ator from Alaska wants about 15 min- Simpson will call the roll. Coverdell Helms utes to speak on the former Sergeant Craig Hutchison Stevens The bill clerk called the roll. D’Amato Inhofe Thomas The result was announced—yeas 92, at Arms of the Senate. I will soon Daschle Kassebaum Thompson nays 8, as follows: make a unanimous-consent request Domenici Kempthorne Thurmond [Rollcall Vote No. 292 Leg.] that about 15 minutes be devoted to that subject. After that point, I will NAYS—50 YEAS—92 Akaka Gregg Murray ask we set this amendment aside and Abraham Frahm Mack Biden Harkin be ready to go to other amendments on Nunn Akaka Frist McConnell Boxer Hollings Pell Ashcroft Glenn Mikulski the subject. Bradley Inouye Pryor Baucus Gorton Moseley-Braun With that, I suggest the absence of a Breaux Jeffords Robb Bennett Graham Bumpers Johnston Moynihan quorum. Excuse me, the Senator from Rockefeller Biden Gramm Byrd Kennedy Murkowski Roth Bingaman Grams Alaska is here, so I ask unanimous con- Chafee Kerrey Murray Santorum Bond Grassley sent the Senate grant 15 minutes to the Coats Kerry Nickles Sarbanes Boxer Gregg Cohen Kohl Nunn Senator from Alaska or his designee to Simon Bradley Harkin DeWine Lautenberg Pell speak on the recently retired Sergeant Smith Breaux Hatch Dodd Leahy Pressler Bumpers Hatfield at Arms. Exon Levin Snowe Pryor Burns Heflin Mr. DASCHLE. Mr. President, reserv- Feingold Lieberman Specter Reid Byrd Helms Ford Mikulski Warner Robb ing the right to object. Campbell Hollings Glenn Moseley-Braun Wellstone Chafee Hutchison Rockefeller The PRESIDING OFFICER. The Graham Moynihan Wyden Coats Inhofe Santorum Democratic leader. Cochran Inouye Sarbanes Mr. DASCHLE. I ask, upon conclu- The motion to lay on the table Shelby Cohen Jeffords sion of the Senator’s remarks, I be rec- amendment No. 5353, as modified, was Conrad Johnston Simon rejected. Coverdell Kassebaum Simpson ognized for purposes of offering an Mr. GORTON addressed the Chair. Craig Kempthorne Smith amendment. The PRESIDING OFFICER. The Sen- D’Amato Kennedy Snowe Mr. GORTON. I object to that, Mr. Daschle Kerrey Specter ator from Washington. DeWine Kohl Stevens President, and I suggest the absence of Mr. GORTON. Mr. President, have Dodd Lautenberg Thomas a quorum. the yeas and nays been ordered on the Domenici Leahy Thompson The PRESIDING OFFICER. The amendment itself? Dorgan Levin Thurmond clerk will call the roll. Exon Lieberman Warner The PRESIDING OFFICER. Yes. And Feinstein Lott Wellstone The assistant legislative clerk pro- the yeas and nays have been ordered on Ford Lugar Wyden ceeded to call the roll.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10657 Mr. STEVENS. Mr. President, I ask peake Bay from Lewes, DE, to the Sen- The resolutions (S. Res. 293 and S. unanimous consent that the order for ate in 1968, and he has been present in Res. 294) were agreed to. the quorum call be rescinded. the Halls of the Capitol ever since. He The preamble to Senate Resolution The PRESIDING OFFICER (Mr. developed a deep knowledge and under- 293 was agreed to. INHOFE). Without objection, it is so or- standing of the Senate as he rose The resolution (S. Res. 294) is as fol- dered. through the ranks from Doorkeeper to lows: f Cloakroom assistant to Secretary for S. RES. 294 the Minority and Majority to Sergeant Resolved, (a) That the individual who was SALUTING THE SERVICE OF at Arms. His loyal service spans from HOWARD O. GREENE, JR. the Sergeant at Arms and Doorkeeper of the Republican leaders Everett Dirksen, Senate on September 1, 1996, and whose serv- Mr. STEVENS. Mr. President, I ask Howard Baker, Bob Dole, and TRENT ice as the Sergeant at Arms and Doorkeeper unanimous consent that the Senate LOTT. He served almost three decades. of the Senate terminated on or after Sep- now proceed to the consideration of Members have come to rely on How- tember 1, 1996 but prior to September 6, 1996, Senate Resolutions 293 and 294, and I ard’s ability to help count noses. I shall be entitled to one lump sum payment ask unanimous consent they be consid- know I did when I was whip in the consisting of severance pay in an amount equal to two months of the individual’s basic ered en bloc. Chamber here for 8 years. pay at the rate such individual was paid on The PRESIDING OFFICER. Without While sometimes it seemed that How- September 1, 1996. objection, it is so ordered. ard had a crystal ball, it was his care- (b) The Secretary of the Senate shall make Mr. STEVENS. I ask that the clerk ful analysis, knowledge of the issues, payments under this resolution from funds read the resolution which is the resolu- understanding of the Members, and his appropriated for fiscal year 1996 from the ap- tion pertaining to the former Sergeant hard work that provided information propriation account ‘‘Miscellaneous Items’’ at Arms. that usually made his forecasts cor- within the contingent fund of the Senate. The PRESIDING OFFICER. The rect. Vice Presidents, in their role as (c) A payment under this resolution shall clerk will report. Presidents of the Senate, have relied not be treated as compensation for purposes of any provision of title 5, United States The bill clerk read as follows: on Howard’s assistance and experience Code, or of any other law relating to benefits A resolution (S. Res. 293) saluting the serv- particularly during times when debates accruing from employment by the United ice of Howard O. Greene, Jr.: were intense and votes could be close. States, and the period of entitlement to such S. RES. 293 We have been able to count on How- pay shall not be treated as a period of em- Whereas, Howard O. Greene, Jr. has served ard for almost 30 years, and he has ployment for purposes of any such provision the United States Senate since January 1968; been there when he was needed by the of law. Whereas, Mr. Greene has during his Senate Senate. But better than that, he has Mr. SPECTER addressed the Chair. career served in the capacities of Door- been able to participate where he could The PRESIDING OFFICER. The Sen- keeper, Republican Cloakroom Assistant, As- be of help. He has not had to be asked. ator from Pennsylvania. sistant Secretary for the Minority, Sec- His colorful descriptions of everyday Mr. SPECTER. Mr. President, I am retary for the Minority, Secretary for the situations and sense of humor helped pleased to join my distinguished col- Majority, culminating in his election as Sen- lighten the atmosphere during some of ate Sergeant-At-Arms during the 104th Con- league, Senator STEVENS, in praising gress; our longer and longest days and nights. Howard Greene. During the 16 years Whereas, throughout his Senate career Mr. He was here on some of the longest that I have had the privilege of serving Greene has been a reliable source of advice ones. in the Senate, I have come to know and counsel to Senators and Senate staff Those of us who traveled with How- Howard Greene and have great admira- alike; ard over the years know what a fine tion and respect for him. Whereas, Mr. Greene’s institutional knowl- traveling companion he really is. One edge and legislative skills are well known Senator STEVENS talked about the of his sad tasks was to arrange for Sen- Republican majority leaders Dirksen and respected; ators to travel to funerals or memorial Whereas, Mr. Greene’s more than 28 years and Baker and Dole and what great of service have been characterized by a deep services for departed Senators. When service they received from Howard and abiding respect for the institution and Howard made those arrangements, the Greene. In a sense, Howard Greene was customs of the United States Senate; appearance of Members of the Senate a leader’s leader because he would al- Therefore be it resolved, was one of dignity, organization, and ways provide information and insights That the Senate salutes Howard O. Greene, meaningful caring for those who sur- Jr. for his career of public service to the of enormous value to the leadership. vived one of our former colleagues. We are blessed, in the Senate, to have United States Senate and its Members. Mr. President, I believe Senators on personnel who serve in the capacity SECTION 2. The Secretary of the Senate both sides of the aisle know that How- shall transmit a copy of this resolution to of—you might call them clerks, or you ard’s allegiance to the Senate and his Howard O. Greene, Jr. might call them directors, or you loyalty to its Members and his love of PROVIDING FOR SEVERANCE PAY might call them, in effect, assistant our country would be hard to match. leaders. When Howard Greene was here, The PRESIDING OFFICER. The Many Senators and staff members who I would frequently go to him, as would clerk will report the second resolution. have retired would echo my words of most of my colleagues, and want a pre- The bill clerk read as follows: tribute to my friend. A resolution (S. Res. 294) to provide for Today, as his service in the Senate is diction about what was going to hap- severance pay. about to end, I have asked for permis- pen. People who may watch the Senate The PRESIDING OFFICER. Is there sion to request the Senate to pay this intermittently on C–SPAN do not objection to the immediate consider- special tribute to Howard Greene. He know that our schedules are very un- ation of the resolutions? will be missed by many of us. predictable. Some times people ask, There being no objection, the Senate I understand there will be time up to ‘‘When will the Senate adjourn?’’ I cus- proceeded to consider the resolutions. 15 minutes for Members of the Senate tomarily say, ‘‘When the last Senator Mr. FORD. I ask unanimous consent to add their comments, but let me first stops speaking.’’ Howard Greene cus- I be made a cosponsor of the resolution ask unanimous consent that the reso- tomarily had a good idea as to when commending Howard Greene. lutions be agreed to, the preamble be the last Senator would stop speaking. The PRESIDING OFFICER. Without agreed to, the motions to reconsider be When he was promoted to the Ser- objection, it is so ordered. laid upon the table, and statements geant at Arms, a very important and Mr. STEVENS. I ask unanimous con- made to these resolutions appear at prestigious position in the Senate, I sent that all Senators have an oppor- this point in the RECORD. was, in a sense, sorry to see it happen, tunity through the remainder of the The second resolution is comparable because no longer would Howard day to add their names as cosponsors, to that which was offered for several Greene patrol the floor. That familiar if they so desire. other Sergeants of Arms and recognizes sight when he would come out of those The PRESIDING OFFICER. Without their service by a provision for ter- double doors, straighten his tie and ad- objection, it is so ordered. minal leave compensation. just his coat and walk down that step. Mr. STEVENS. Mr. President, How- The PRESIDING OFFICER. Without Even Elizabeth Greene laughs at the ard Greene traveled across the Chesa- objection, it is so ordered. recapture of Howard Greene entering

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10658 CONGRESSIONAL RECORD — SENATE September 17, 1996 the Senate Chamber. He was always The PRESIDING OFFICER. The Baker. It was while he served in that busy. Howard Greene was really a great clerk will call the roll. capacity that many of us came to ap- aid and comfort to all the Senators. The bill clerk proceeded to call the preciate his organizational skills, his When the going got rough, I would call roll. diplomacy, and leadership. him in the evening or call him on Mr. HATCH. Mr. President, I ask Howard has now served 2 years as weekends, and he was always available unanimous consent that the order for Sergeant at Arms. His love for the Sen- to help over the rough administrative the quorum call be rescinded. ate and the legislative process have hurdles. The PRESIDING OFFICER. Without continued. In his years of service, he I know my colleague Senator ROTH objection, it is so ordered. had done Delaware proud. has come to the floor, and he intends Mr. HATCH. Mr. President, I just From his upbringing in the small to talk about Howard Greene as well. want to pay my respects to Howard town of Lewes, to his work in the most But I think Howard Greene was a tre- Greene for being such a good friend and powerful legislative body on Earth, mendous asset to the U.S. Senate. I, for a solid worker around here in the U.S. Howard Greene is, indeed, a smalltown one, am very sorry to see him termi- Senate. Wherever he has worked he has boy who made good. nate his service here. But I wish him served with distinction, he served with Mr. President, I yield back the floor the very best in the years ahead, and I a great deal of verve, and he has been and suggest the absence of a quorum. know we will all continue to work with a very good friend for all of us. I would The PRESIDING OFFICER. The him and admire him and respect him feel very badly if I did not get out here clerk will call the roll. for his contribution to this body. and say a few nice things about him, The bill clerk proceeded to call the I yield the floor. because Howard has always had an roll. The PRESIDING OFFICER (Mr. open mind, he has always been willing Mr. WARNER. Mr. President, I ask INHOFE). The Senator from Kentucky. to listen, he has always tried to help. unanimous consent that the order for Mr. FORD. Mr. President, may I just He has helped me on a number of occa- the quorum call be rescinded. take a moment to associate myself sions, as I know he has every Senator, The PRESIDING OFFICER. Without with the remarks of the distinguished and he deserves our respect, and I cer- objection, it is so ordered. Senators from Alaska and Pennsyl- tainly want to pay my respect to him Mr. WARNER. Mr. President, when I vania, as they relate to our friend How- today. came to the Senate, I can say without ard Greene. I am sorry he is retiring, but I wish any equivocation, Howard Greene was I think you have to understand the him the very best in his retirement, one of those individuals to whom I and institution to understand the value of and I hope, if there is ever any occasion my colleagues—we had one of the larg- an individual like Howard Greene. I for me to give any assistance or help to est classes of Senators at that par- think you have to understand the fair- him, I would certainly like to be there ticular time; took our oaths in 1979— ness, you have to understand that your for him. He is a great person who I but he was the man to whom we looked word is good, that when you tell a Sen- think served this U.S. Senate with for a lot of advice and guidance. ator something, that is the way it is. If great distinction. I just wanted to say The distinguished Senator, Mr. How- something happens that it cannot those few words here today. ard Baker, was then our leader on the occur that way, you have the good The PRESIDING OFFICER. The Sen- Republican side. And it was clear that judgment to come back and say to that ator from Delaware. Mr. Baker placed in Howard Greene a Senator it cannot happen now, and tell Mr. ROTH. Mr. President, it is fitting great deal of confidence and respect, him why. for me to offer a few words concerning and indicated to Mr. Greene, to the ex- I have never talked to Howard Howard Greene and his service to the tent he could be of assistance to the Greene and asked for anything, but U.S. Senate. Howard is from my home newcoming Senators, to do so. That what I received the most courteous at- State of Delaware. He began his service early experience with him led to many, tention as if I was the only one seeking to the Senate in 1968, as a doorman in many times that we worked together. any kind of information or help from the gallery. At the time, he was only I find him to be a person extremely him. 26, attending the University of Mary- knowledgeable about the rules of the So I will miss Howard Greene. I think land. His objective was to become a Senate. While the rules of the Senate the Senate will miss Howard Greene. I history teacher. Howard was an ambi- are the subject of great discussion hope those who are taking Howard’s tious young man—bright and ex- many, many times, there is a lot that place will understand that they are fill- tremely able. In this environment, he is not in the rules. But, nevertheless, ing very, very large shoes. gained the attention of Senators and Senators are expected to follow the To my friend Howard, I wish him became more and more interested in traditions. And he was particularly as- well. I hope his days ahead are full of the political process—especially the tute about all the unwritten traditions pleasure, and I hope that he can find daily proceedings here on Capitol Hill. of the Senate. And certainly in my something that will fulfill him as much When an opportunity presented itself class—and I hope it will always be a as his operation here in the Senate. in the early 1970’s, Howard moved into part of Senate life—we were very anx- I yield the floor. the Republican Cloakroom. After this ious to comply with the rules of the The PRESIDING OFFICER. The Sen- important promotion in Howard’s Senate, be they written or unwritten, ator from South Dakota. young life, you can imagine his sur- as a part of tradition. Mr. PRESSLER. Mr. President, I join prise when his mother said, ‘‘Congratu- Howard Greene played a very valu- in the tribute to Howard Greene. I lations, Dear. Does that mean you’ll be able role to my class. I see my distin- worked with him here in my 171⁄2 years hanging up the Senators’ coats?’’ It guished colleague here from Wyoming, in the Senate. He has been very helpful was while in the Cloakroom that How- Senator SIMPSON. He remembers well to me. He has been a friend of mine. He ard distinguished himself as one who Howard Greene and how he worked has been an outstanding public serv- could get things done. His attention to with our class, and in the years there- ant, a man of conviction and honesty detail, and service to others became de- after. He was also pretty tightlipped. and hard work. fining qualities, as did his keen insight There were many times he sat in on I do not know if the public realizes into complex legislative issues. meetings. I found that he was able to how hard some of these staff people Those who knew Howard, trusted his hold those exchanges that sometimes work around here to keep this place insights, and his activities drew him were heated between Senators, and do going. I saw it firsthand, in many cases into even greater involvement with the it very well. when we were in session at night. daily affairs of the Senate. They pre- So speaking for myself, and I hope Howard Greene certainly exemplifies pared him well for a new assignment as others will join me, we wish him very hard work and honesty and goodness. I Assistant Secretary for the Minority, well in his next challenge in life profes- join my colleagues in paying tribute to under Mark Trice. sionally. I wish to express my fond him here today. With the election of Ronald Reagan farewell and my gratitude in terms of Mr. President, I suggest the absence and the Republican majority, Howard what he did for me individually, what of a quorum. was appointed Secretary by Howard he did for my class of Senators, and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10659 what he did for almost three decades of Members from Parliament from both Mr. LUGAR. Mr. President, I join my service in the U.S. Senate. I hope that the lower house and the upper house, colleagues today in paying tribute to younger persons now coming along and and then took an Alaskan ferry on up Howard Greene and in saying words seeking to have a role in the Senate through Ketchikan and Juneau, and about our good friend. He has been my will look upon Howard Greene as one then went on past the Yukon Railroad good friend for the past 20 years. that set standards that they should out to Whitehorse where we were again I came to the Senate, and Bill strive to accept. Mr. President, I yield joined by members of the Yukon terri- Hildenbrand and Howard Greene were the floor. torial parliamentary body. And I found two people who took me under their Mr. MURKOWSKI addressed the his insight, his long memory of the wings. My own judgment at the time Chair. Senate, particularly some of the hu- was that Bill Hildenbrand knew almost The PRESIDING OFFICER. The Sen- morous sides of our relationships with everything that needed to be known ator from Alaska. one another, to be very interesting and about Washington. He seemed to be a Mr. MURKOWSKI. Mr. President, I rewarding. man of consummate experience, a per- join with my colleagues in paying trib- So I just add, that Howard Greene’s son who had been involved in cam- ute to Howard Greene for the service contribution to the Senate will be long paigns but, likewise, in the running of that he has provided this body. My per- remembered by those who served with the Senate from time immemorial. sonal association with Howard goes him, who knew him, and who loved Howard Greene seemed to be his dep- back to my election to the Senate and him. I join others in wishing him well uty, his teammate, a person of great coming to this body in 1980. I had little as he proceeds with what is ahead of vigor, who would stride up and down association with Washington, DC, and him in his life. And I thank him for his the aisles of this Hall with determina- little association with Senate proce- friendship and for his accommodation. tion and always with success in finding dure, and I found Howard extraor- I wish him well. I yield the floor, Mr. the person, the bill, the detail that was dinarily talented in addressing the egos President. required. of some 100 individual Members of this Mr. SIMPSON. I thank my friend It was exciting to watch them. It body. from Alaska, Mr. President. gave me confidence that some people He always reminded me of a person Just let me pay my own personal had confidence in what was being done, who had the ability to keep all the tribute for a moment to Howard and I thought if I watched carefully I balls up in the air, all at once if nec- Greene. When I came here to the Sen- might learn more, and I did from both essary, and in meeting the needs, the ate with Senator WARNER, our first of these gentlemen. During recent desires, not only of the Members dur- meeting, our first official conduct, our years, Howard’s growing responsibil- ing the normal course of business, but first official briefing, was with one Bill ities have been a real pleasure—seeing oftentimes it would be necessary to Hildenbrand and with Howard Greene, his own growth as a person, as an ad- phone him after hours. I found him very special people, both of them. They ministrator, as one who has served more than willing to go beyond just ac- worked so well together. These two Government well, has served the people commodating Members in the normal smoothed my path in this place, and of the United States, really, with dis- activities of our daily lives, but to certainly Howard Greene was, in my tinction, in large part because he make an effort to accommodate the role as assistant leader of the Senate, helped all of us to be more effective needs of family and family members. always there. He was there. He gave me and to have some idea of what we were I think it is fair to say that as I look full measure of himself, as so many doing and how we might do it better. back on my career in the Senate, ap- have here who do the work of the Sen- I am delighted to have this oppor- proaching some 16 years, I look back ate. tunity, and I appreciate the leader giv- on it with fond memories of my asso- Those who are here today who knew ing us the opportunity today, to say Howard, worked with him closely, he ciation with Howard. good words about people who have The occasional traveler. Howard was, was always there for me in my role as meant a lot to us, and especially about in my opinion, a white-knuckle flier. assistant leader. As I say, he gave me the person that we honor on this par- He had some inhibitions about the abil- full measure—loyal, helpful, persistent, ticular afternoon, Howard Greene. ity of the particular craft to get him to a source of good counsel—and a strong, Mr. FORD. I suggest the absence of a where he was going and, more impor- yes, yes, strong, taskmaster. He was quorum. The PRESIDING OFFICER. The tantly, back. One night we were flying good at organizing things, the official clerk will call the roll. over the Atlantic, and I do not know visits, the trips, the Presidential funer- als, the official trips we had to do, and The assistant legislative clerk pro- whether we were in the Azores or ceeded to call the roll. where, but we had to refuel. And we he was always well organized. He will be remembered for his love Mr. BENNETT. Mr. President, I ask were in an old Boeing 707 that the Air and loyalty to the Senate as an institu- unanimous consent that the order for Force had, and occasionally the gear tion, for he loved this place from his the quorum call be rescinded. did not go down. One of the gears youth and from his early beginnings. The PRESIDING OFFICER. Without locked up on this particular night, He was my strong right arm in my objection, it is so ordered. would not go down. The normal proce- work, and I owe him my deepest Mr. BENNETT. Mr. President, I no- dure for eliminating that experience thanks and respect. I shall miss his ticed that some of my colleagues com- was to put the plane in a slide dive and good humor, ribald as it was. I wish mented about the service of Howard pull up rather abruptly, and that theo- him well. There is much more for him Greene, retiring as Sergeant at Arms of retically would drop the gear. Of to do in life. I wish him well. I wish the Senate. They referred to their long course, the Air Force aircraft are not him peace of mind. I wish him good years of experience with Howard and known for their public address sys- health. He has many friends. He can the great service that he has rendered tems. Some of us had some idea of the certainly always know that this is one. to the Senate during those years. procedure, and Howard was simply ter- Ann and I wish him the very best. God I am a relatively new Senator and rified through the entire process, which bless him in his new endeavors of life. don’t have that kind of experience to I think resulted in some libation of I thank the Chair. draw on, but I can offer the perspective some nature, or at least a visit to a wa- Mr. FORD. I suggest the absence of a of a relative newcomer to this body and tering hole when we hit the ground, to quorum. to the service that Howard Greene pro- which he was entitled and probably all The PRESIDING OFFICER. The vided when I was trying to find my way of us as well. clerk will call the roll. around. I found very quickly that if I I cite a more recent visit that I had The assistant legislative clerk pro- wanted an answer to a question, I went with Howard when I had an oppor- ceeded to call the roll. to Howard Greene and I always got tunity to participate as chairman of Mr. LUGAR. Mr. President, I ask one—quickly, accurately, and some- the United States-Canadian Inter- unanimous consent that the order for times very, very succinctly. Howard is parliamentary where we flew out of the quorum call be rescinded. not a man who wastes words. Prince Rupert, British Columbia, with The PRESIDING OFFICER. Without I found when I needed assistance in many of our Canadian counterparts, objection, it is so ordered. working through possible committee

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10660 CONGRESSIONAL RECORD — SENATE September 17, 1996 assignments and understanding the fidence for this fine man and as one Reagan-Bush years, its failure, and the program and how it all works, Howard who has worked with him and along- economic carnage it left in its wake. I Greene was there at my side to give me side him for a number of years. Mr. hope that I was able to shed a little the assistance I needed and helped me President, it gives me great pleasure to light on an issue of great concern to all find my way through that, which could add my words of support and best wish- Americans. be so confusing to a newcomer. Subse- es to this fine servant of the people of Today, I ask the American people to quently, as a member of the Legisla- our country and the U.S. Senate, How- look at the Dole economic plan—ad- tive Branch Subcommittee of the Ap- ard Greene. vanced voodoo economics, if you will. propriations Committee, I had the op- Mr. President, I yield the floor. And if it wasn’t for all of the harm it portunity to interact with Howard dur- Mr. THURMOND. Mr. President, each would cause, the Dole plan would be ing appropriations hearings that he day the Senate is in session, at least pretty amusing to this Senator who was called upon to attend as the Ser- one Member rises to pay tribute to a has worked on the budget for a long, geant at Arms. I found that he was not friend, a constituent, or a colleague long time. only concerned about Senators and who has distinguished himself, or has I must say that Bob Dole’s supply- taking care of the needs of Senators, he decided to leave Government service. side plan reminds me of a 17th century was also very concerned about the peo- Today, Most members of this body are scientist by the name of van Helmont ple under his jurisdiction. The Capitol taking to the floor to say ‘‘goodbye’’ to who actually had a formula for making Police come to mind as one area where a gentleman who has not only been a mice out of old underwear. At its Howard focused primarily on the per- fixture of the U.S. Senate for many heart, that’s the Dole plan: taking bits sonal needs of the members of the Cap- years, but has grown to be a friend to and pieces of discarded economics and itol Police. most of us, Sergeant at Arms Howard turning them into something unreal- When I made a suggestion in the sub- Greene. istic. committee about something that could Howard is one of those unique indi- Last week, I had the privilege to join be done within the law that would viduals who has spent most of his adult with Democratic colleagues at an im- make life better for the Capitol Police, life here on Capitol Hill. Beginning his portant forum on the Dole economic Howard picked up on it immediately career just outside this chamber as a plan. Benjamin Friedman, professor of and said, ‘‘We will do that.’’ A little doorkeeper, Howard worked hard and political economy at Harvard Univer- while later, I checked back and said, moved up the ladder of administrative sity, warned, ‘‘The Dole-Kemp proposal ‘‘Has anybody followed through on jobs in the Senate, taking over the po- is a reprise of a gamble that failed.’’ this?’’ I needn’t have done that check- sition of Secretary to the Majority at Former Budget Director Charles ing back. It was Howard Greene who the beginning of the 104th Congress, Schultze concluded, said, ‘‘We will do that,’’ and the staff- later assuming the duties of the Ser- A reasonable and prudent person would ers looked at me and said, ‘‘Yes, Sen- geant at Arms. In every job he held, have to question severely the wisdom of re- ator, that is in the bill.’’ Howard distinguished himself as an in- peating what the country did 15 years ago— So as he moves on to another cir- dividual of ability, dedication, and enacting a large tax cut before budget bal- cumstance and phase in his life, I want character, and he earned the respect of ance is well in hand. him to know that he goes with not only Members from both sides of the aisle The Dole plan is mired in the same the good wishes of some of the old-tim- for his thoroughness and commitment. specious supply-side arguments and op- ers around here, but a few of us new- As the Republican Party had not held timistic assumptions that made up the comers as well recognize the service he control of the Senate since the 1980’s economic quicksand of 15 years ago. has rendered, the friendship that he Howard had a challenging task before The original trickle-down economics has offered, and the excellence with him at the beginning of the 104th Con- delivered mediocre economic perform- which he has performed his job. gress. No doubt, his encyclopedic ance and a mountain of debt. Is there I wish Howard the very best in what- any reason to believe it will be dif- ever he now undertakes and tell him knowledge of the history, traditions, and procedures of this great body aided ferent this time around? The answer is that the Senator from Utah will always a resounding, ‘‘No.’’ look fondly upon Howard Greene as one him greatly as he administered to his tasks as Secretary to the Majority and Like the original voodoo, the Dole of his friends. voodoo II relies on bogus assumptions With that, Mr. President, I yield the Sergeant at Arms. I am certain that all to hide its disastrous deficit con- floor. would agree that the transfer of power Mr. PRYOR. Mr. President, I, too, from the Democrats to Republicans sequences. It’s a Whitman’s Sampler of would like to join with my colleagues was smooth, and that the functions candy-coated scenarios. The Dole plan this afternoon in paying special respect over which Howard had responsibility includes a $254 billion fiscal dividend here on the floor of the U.S. Senate to functioned efficiently and effectively for cutting the deficit; a $147 billion our friend Howard Greene. He has during his tenure. growth dividend for expanding tax served this institution with great dig- Mr. President, as you know, Howard breaks; and an $80 billion revenue divi- nity, with great candor, and certainly Greene is about to end his service to dend from projecting out a short-term with great understanding and respect the U.S. Senate. He can be proud of the blip in revenues. It hides the cost of for the Senate of the United States and work he has done as a part of this insti- back-loaded tax breaks and massive, for each and every Senator. tution during his many years on the unspecified spending cuts that no one He has respected and served and an- Hill, and I know that each of us wishes believes will happen. As Mr. Dole ups swered to not only the Senators on him good health, great success, and the ante on his economic plan, he that side of the aisle, but he has been much happiness in the years to come. raises questions about its credibility. most respectful and most helpful also Mr. EXON addressed the Chair. In spite of the truth nipping at his to the Senators on the Democratic side The PRESIDING OFFICER. The Sen- heels, candidate Dole assumes that he of the aisle. ator from Nebraska. if he says nonsense enough times it Howard Greene is the type of indi- Mr. EXON. Mr. President, I ask unan- will be believable. He’s wrong. The lat- vidual who makes the U.S. Senate not imous consent that I be allowed to est New York Times: CBS poll shows only unique, but I think that because speak as in morning business. that 64 percent of the electorate does of his service to the Senate and his The PRESIDING OFFICER. Without not believe that Mr. Dole will be able years involved with the Senate, the objection, it is so ordered. to deliver the promised tax cuts. U.S. Senate is better today because of f True to form, the Dole plan postu- his years of very, very distinguished lates that tax cuts largely pay for service. He is a part of the heart and DOLE ECONOMIC PLAN: VOODOO II themselves through economic divi- the nerve and the sinew that makes the Mr. EXON. Mr. President, last week, dends. The Dole dividends are doubly U.S. Senate what it is today, Mr. Presi- I delivered the first of a number of implausible because most of the tax dent. speeches on the fiscal follies of the cut consists of items that have nothing I take great pride in being able to Dole economic plan. I gave a brief his- to do with the economy’s longrun ca- add this humble voice as a vote of con- tory of voodoo economics in the pacity to grow. Most will do little or

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10661 nothing to stimulate savings, invest- us concerned about this horrible monu- maybe because for the last few years ment, or work effort. ment of fiscal irresponsibility. If past they have not seen people follow The Dole tax cuts’ effects on the is prolog, we are in for more debt. through with what they stated they economy are likely to be worse than Some have incorrectly claimed that were going to do. That quite possibly is the lackluster performance posted dur- President Reagan would have balanced understandable. ing the Reagan-Bush years. The first the budget in 4 years as promised, save Candidate Bill Clinton in his book supply-side gamble was taken at the for the fact those Democrats were in said there would not be an increase in trough of the 1981–82 Reagan recession, control of the legislative branch. For the gasoline tax, but he actually did. the deepest since World War II. Not three-fourths of the time that Presi- He passed a gasoline tax increase, as surprisingly, the 1981 across-the-board dent Reagan was in office, he enjoyed we all know. He did not tell people tax cut did boost the economy by stim- the support of a Republican majority there was going to be an increase on ulating spending, and not savings— in the Senate. The record clearly shows Social Security recipients, but there boosting demand in the economy, not that President Reagan failed to use the was. supply. As a consequence, much of the ultimate and readily available author- So my point is, yes, there may be employment growth during the Reagan ity he had—the veto to cut spending. some people who are cynical, but that years resulted merely from people get- He clearly had more than sufficient does not mean that just because Bill ting back jobs they lost during the re- votes to sustain a veto. Furthermore, Clinton did not do what he said he was going to do Bob Dole will not. I have cession. neither Presidents Reagan nor Bush Unlike the early 1980’s, when the un- submitted a balanced budget certified had the pleasure of serving with Bob employment rate reached 10.8 percent, by the Congressional Budget Office. Dole, and he is a man of his word, and he is very sincere. He is very sincere strong job growth over the last few So what’s the bottom line on the about cutting taxes and reducing the years has brought our current jobless Dole economic plan? In the September growth of spending. I will just mention rate down to 5.1 percent. A shot of de- 2, 1996, New Republic, Matthew Miller that he doesn’t even cut spending. He mand stimulus now would risk over- writes ‘‘It’s a fraud, covered up through slows the growth of spending under his heating the economy, push up inflation deception and double counting.’’ That’s proposal. The facts are we are spending and interest rates, and do little to im- pretty harsh but I have to agree. Bob Dole shouldn’t gamble away the future $1.55 trillion right now, and under Sen- prove the already tight labor market. ator Dole’s proposal we are going to Any benefit from a trickle-down tax of our Nation with a farfetched, losing end up spending about $1.8 trillion in cut now would have to come from im- proposition that in the end will only the year 2001. But he does commit to provements in the economy’s long-run end up with more spending. balancing the budget. That is doable. capacity to grow. The prior experience I simply say that the authority that the President has to cut spending We have done it. President Clinton, un- with Reaganomics is not reassuring, fortunately, vetoed it. since growth slowed to its previous should be used and the veto pen should always be their. It seems to me, Mr. Can you cut taxes and reduce the longrun pace once the economy’s slack growth of spending and still end up had been taken up. President, that we should realize and recognize that we have had four with a balanced budget in a few years? The Dole plan also assumes that an Yes; you can. We have proved that you unexpected jump in revenues this year straight reductions in the annual def- icit of the United States. can. will persist forever, even though CBO I want to allude to one other thing in its latest Economic and Budget Up- It seems to me that we should not go hellbent for election with an economic that was mentioned. It is said, well, date argues that this blip may well be plan that this Senator believes is Senator Dole’s tax cut is paid for by temporary. voodoo economics, or it is going to pro- In fact, it could be worse. I am deeply doomed to failure. Mr. President, I yield the floor. vide tax cuts to pay for itself. That is concerned about the effects of the Dole Mr. NICKLES addressed the Chair. not the case. He took a very conserv- tax cuts beyond the year 2002. There is The PRESIDING OFFICER (Mr. ative assumption that the tax cuts pro- no cutoff point; they keep growing and SMITH). The Senator from Oklahoma. posed in his proposal would stimulate growing. The farther out the tax cuts f growth and that would pay for about 27 are projected, the less coherence the percent—not even half, 27 percent. Dole plan has, and the wider the deficit SENATOR DOLE’S ECONOMIC So I just make mention of the fact projections become. PACKAGE that some people assume this really Like his supply-side predecessors, Mr. NICKLES. Mr. President, I wish does stimulate the economy and there- who stretched credibility like taffy, to make a couple comments in re- fore pay for itself. Some people make candidate Dole promises to balance the sponse to my colleague from Nebraska. that assumption. Senator Dole did not. budget despite tax cuts totaling $550 He made a very strong statement He said it will stimulate the economy; billion. This would require spending against Senator Dole’s economic pack- the economy will grow a lot faster. It cuts far more extreme than those that age. Let me make a couple of state- has grown a lot faster. The growth of the Republicans failed to pass over the ments in rebuttal to that. the economy for the last 3 years has past 2 years. And remember too, the The Senator quoted a poll which said really been pretty anemic—about 2.2 number of programs that Dole has put that 64 percent of the American people percent compared to the last 10 or 12 off-limits: Social Security, Medicare, do not believe there is really going to years when it has been about 3.3 per- defense, veterans, interest on the debt, be a tax cut. A lot of people are very cent, about 50 percent higher. We can the New Mexico labs, military retirees, skeptical of politicians, in particular do better. We should do better. I hope and the list keeps growing every day. when they make statements as it per- we will do better. Even George Bush’s Budget Director, tains to taxes and you look back in his- I also heard a statement, well, very Richard Darman, said that the Dole tory a little bit. George Bush said, little is in Senator Dole’s package that plan was not realistic politically. ‘‘Read my lips. There will be no new would stimulate the economy. I dis- In most cases, the Dole plan leaves taxes.’’ And he passed a tax increase, agree. Allowing people to keep more of these huge spending reductions unspec- and I believe it cost him his reelection. their own money, when you are talking ified. In those instances where they are Bill Clinton, when he was cam- about the child credit—Senator Dole’s specific, however, the Dole campaign’s paigning in 1992, campaigned on a tax package has provision for a $500 tax own figures imply that some programs, cut, told people throughout the coun- credit per child. That is very family like the Energy Department, should be try there would be a tax cut, talked friendly. That says families, if you cut by more than 100 percent. At least about a $500 tax credit per child, or at have four kids and you are making we can all agree that that will be a dif- least a tax credit for families, but it $60,000, maybe two people working, you ficult task indeed. did not happen. As a matter of fact, in are going to have $2,000 more of your As I have said, the Dole plan will 1993, there was not only not a tax cut own money to spend at the local res- merely build the current mountain of but the largest tax increase in history. taurants or at schools or for your fam- debt to new heights. And history does So a lot of people are very cynical ily. That is going to help those busi- not provide much comfort to those of when politicians talk about taxes, nesses. Those businesses are going to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10662 CONGRESSIONAL RECORD — SENATE September 17, 1996 make more money. They are going to I yield the floor. improve security at our Nation’s air- generate more jobs. It is going to help f lines and airports. Here again, I would the economy and, I believe, actually like to thank a bipartisan group of FEDERAL AVIATION ADMINISTRA- spend it better than how the Govern- Senators for their efforts to develop TION PROGRAMS REAUTHORIZA- ment would spend it. comprehensive recommendations for TION He also cuts the capital gains rate in the bill. Senators HUTCHINSON and LAU- half. Some people disagree with that. I Mr. PRESSLER. Mr. President, I ask TENBERG deserve special thanks for believe we have at least a strong ma- unanimous consent that the Senate their tireless work in this area over the jority vote in the Congress to do it, be- now proceed to the consideration of past several months. The measure be- cause if you reduce the tax on financial Calendar No. 539, S. 1994, the FAA reau- fore us today incorporates many of the transactions, you are going to have thorization bill. suggestions from the House-passed more. Some countries do not even tax The PRESIDING OFFICER. The antiterrorism bill, as well as new rec- financial transactions. clerk will report. ommendations from the Gore Commis- I think there are several things in The legislative clerk read as follows: sion of which I am a member. Passage Senator Dole’s proposal that will stim- A bill (S. 1994) to amend title 49, United of this bill will improve aviation secu- ulate the economy, that will balance States Code, to reauthorize programs of the rity by: spending deployment of the the budget. He is also calling for a con- Federal Aviation Administration, and for latest explosive detection systems; en- stitutional amendment to balance the other purposes. hancing passenger screening processes; budget. So he is sincere about doing it. The PRESIDING OFFICER. Is there requiring criminal history record I think he will do it. In spite of the fact objection to the immediate consider- checks on screeners; requiring regular that maybe one or two of his prede- ation of the bill? joint threat assessments and testing cessors did not do what they said they There being no objection, the Senate baggage match procedures. were going to do, did not follow proceeded to consider the bill. The third and final area I wish to through, did not tell the truth to the Mr. PRESSLER. Mr. President, I rise highlight Mr. President, is how this American people, I believe Senator in support of S. 1994, the Federal Avia- legislation will help small community Dole is telling the truth. He is a man of tion Authorization Act of 1996. Today, I air service and small airports, such as his word. We will cut taxes. We will am offering a manager’s amendment to those in my State of South Dakota. balance the budget. We will pass a con- the bill as originally considered by the The legislation before us today reau- stitutional amendment to balance the Commerce Committee which includes a thorizes the Essential Air Service Pro- budget. I think that is significant, it is variety of critically needed improve- gram at the level of $50 million. This positive, and it will help the American ments to address important safety and program is vital to States such as economy and help American families security issues affecting airports, air- South Dakota and others. The bill also as well. lines, and the travelling public. directs the Secretary of Transportation I yield the floor. This legislation is a comprehensive to conduct a comprehensive study on Mr. PRESSLER addressed the Chair. effort to deal with virtually all aspects rural air service and fares. For too The PRESIDING OFFICER. The Sen- of our Nation’s air transportation sys- long, small communities have been ator from South Dakota. tem including: funding issues, security, forced to endure higher fares as a re- Mr. PRESSLER. I do not want to cut the replacement of aging air traffic sult of inadequate competition and the off anybody, but I am trying to call up control equipment, and infrastructure Department of Transportation will now a bill that is a major bill. I do not want development. look into this issue as a result of this to block the Senator. Mr. President, first and foremost, we bill. This follows on the important Does the Senator have a brief state- must act to reauthorize the programs work that I instructed the General Ac- ment he wants to make? of the FAA before we leave this year or counting Office to initiate last year. Mr. INHOFE. Yes. I will be very brief. the FAA will be prohibited from And finally, in this legislation, we have The PRESIDING OFFICER. The issuing grants to airports for needed taken steps to protect smaller airports Chair recognizes the Senator from security and safety projects. In light of in the event of funding downturns in Oklahoma. recent air transportation tragedies, we the appropriations process. f must act now to ensure this vital rev- The legislation guarantees that if enue stream remains available. airport funding were to be significantly EXPERIENCE IN INCREASING As I have indicated, there are dozens reduced, smaller airports would not be REVENUES of important provisions in this legisla- disadvantaged disappropriately. As my Mr. INHOFE. Mr. President, we have tion, but Mr. President, I would like to colleagues know, larger facilities have had three experiences in this century focus my remarks on three main areas. a number of funding options available of increasing revenues: One was in the First, aviation safety. Air transpor- to them, including access to the bond 1920’s, one in the 1960’s, and then in the tation in this country is safe and re- communities, PFC, rates, and charges 1980’s. All three times it was a result, mains the safest form of travel, how- and the like. Smaller airports do not economists had to agree, of the fact ever, we can and we must do more. have the same options. I am pleased that we reduced taxes and gave people This legislation facilitates the replace- that we have developed a safeguard for more freedom. As a matter of fact, it ment of outdated air traffic control smaller airports without significant was not a Republican but it was a Dem- equipment. Importantly, it also puts in modifications to the existing alloca- ocrat, it was President Kennedy back place a mechanism to evaluate long- tion formulas, while protecting exist- in the 1960’s, who observed that we term funding needs at the FAA. Much ing letters of intent for multiyear have to increase revenues and the best work has been done by Senator funding projects at larger airports. way to do that is to reduce taxes. Of MCCAIN, HOLLINGS, FORD, STEVENS, and In summary, Mr. President, this leg- course, history showed that it did others, as well as the administration, islation represents the culmination of work. It worked again in the 1980’s and I want to congratulate them and over a year’s work by the Commerce when we went from a total expenditure thank them for their efforts in this re- Committee and other interested Sen- to run Government in 1980 of $517 bil- gard. This effort is critically important ators. It addresses our most pressing lion to $1.03 trillion in 1990, a 10-year given the projected growth in air travel aviation needs—safety, security, and period in which we had the most dra- over the next several years. Ensuring funding. matic decreases in taxes. adequate funding in a time of increas- I urge all of my colleagues to support So I would certainly agree with the ing passenger traffic and diminishing passage of S. 1994. We cannot adjourn man who I believe will be the next Federal resources is a difficult issue for the year without taking final ac- President of the United States that the and this legislation takes important tion on this important legislation. If best way to get this country back on steps forward. we fail to act, the FAA’s hands will be the right track is to reduce regulation, A second area I want to highlight is tied and they will be unable to address reduce taxes, and give people more in- aviation security. This legislation con- needed security and safety issues in dividual freedoms. tains numerous provisions designed to every State in the Nation.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10663 I should pay special tribute to the those amendments, and let us act on put those on the list. Those Senators chairman and ranking member of the them. who might be concerned if their Aviation Subcommittee, Senators Mr. FORD. Mr. President, S. 1994 au- amendment has been included in the MCCAIN and FORD, who have done so thorizes the programs of the FAA for 1 managers’ amendments or not, we will much fine work on this. year. The bill must pass because it is be more than pleased to visit with I yield the floor. an authorization bill. The FAA cannot them right away so we can assure our The PRESIDING OFFICER. The Sen- issue any airport grants unless this bill colleagues that their amendment has ator from Arizona. is passed. Under S. 1994, the FAA would been taken care of. Mr. MCCAIN. Mr. President, I have a spend approximately $35 million more So, Mr. President, I look forward to longer statement I will give in a on small airports for fiscal year 1997 moving this legislation forward. I look minute, but I want to thank the distin- than was spent in fiscal year 1996. I be- forward to cooperating with my friend guished chairman of the committee, lieve the chairman of the committee, from Arizona, Senator MCCAIN, and Senator PRESSLER, who made possible Senator PRESSLER, noted that was one that we will pass a piece of legislation this legislation through his leadership, of the things he felt was so important that will be acceptable and that we will through the efforts of his staff, whose in S. 1994. be proud of in the final results. names will be mentioned later. The House has passed its FAA reau- I yield the floor. Mr. MCCAIN addressed the Chair. I say to Senator PRESSLER, I do not thorization bill. That is H.R. 3539. They The PRESIDING OFFICER. The Sen- believe this legislation would be before did that last week. So it is incumbent ator from Arizona. us today without your leadership. We upon us to get our bill out so we can go Mr. MCCAIN. Mr. President, this col- look forward to your active participa- to conference and have the bill back to laborative work has resulted in legisla- tion and assistance as we move this be presented to both the House and the tion that will benefit everyone who legislation through to its completion, Senate as soon as possible. uses this country’s air transportation hopefully by tomorrow. I extend my S. 1994 also contains a title that ad- system, including air travelers, air- deepest appreciation to Senator PRESS- dresses FAA reform, the long-term ports of all sizes, pilots and other air- LER. issues relating to how much money line and airport employees, the Federal Although we have not completed this FAA needs, and how to raise the funds. Aviation Administration, major, re- legislation yet, and I will save my re- A task force will review these issues gional, and short-haul air carriers, gen- marks about my friend from Kentucky, and work with the Secretary of Trans- eral aviation pilots and manufacturers, with whom, for 10 years now, I have portation on developing legislation and all others in the aviation industry. had the opportunity of working, the that will be submitted to Congress for This bill will do the following: Senator from Kentucky has proven review. We have no expedited proce- Ensure that the FAA and our Na- again that the only way you achieve dures here, so what we are saying is tion’s airports will be adequately fund- legislative successes are through bipar- that this task force will get it together ed by reauthorizing key FAA pro- tisan efforts, not only working to- with the advice and counsel of the Sec- grams, including AIP, for fiscal year gether on both sides of the aisle but retary of Transportation, and that 1997; with the administration. There are package is to be submitted to Congress Ensure that the FAA has the re- many people, including the Secretary for our review or support or whatever sources it needs to improve airport and of Transportation, Mr. Pen˜ a, and the it might be. So I think it is real impor- airline security in the near term; FAA Administrator, and especially the tant—very important that we get this Direct the National Transportation Deputy Administrator, Linda Daschle, out. Safety Board to establish a program to and their hard working staff. The structure of the FAA would provide for adequate notification of I ask my friend from Kentucky if he change slightly—and I underscore and advocacy services for the families would like to proceed with our opening ‘‘slightly’’—making it more inde- of victims of aircraft accidents; statements, or would he like to go di- pendent of oversight by the Secretary Enhance airline and air travelers’ rectly to the amendments that are of Transportation in the safety regu- safety by requiring airlines to share pending? latory arena. employment and performance records Mr. FORD. I would say to my friend Finally, the bill includes a title con- before hiring new pilots; Strengthen existing laws prohibiting that I will have a very short opening cerning aviation security and covers airport revenue diversion, and provide statement. I think we can encourage many of the issues that Senator PRESS- DOT and the FAA with the tools they our colleagues, if they have any LER said, as a member of the Gore need to enforce Federal laws prohib- amendments that have not been taken Commission, that they recommended. iting revenue diversion; care of in the managers’ amendment. I These items are generally consistent Make needed changes relating to think many of those have already been with the Gore Commission’s rec- MWAA, which is Metropolitan Wash- taken care of. They will be in the man- ommendation. ington Airport Authority; and, most agers’ amendment. So, for all practical The bill also authorizes the collec- important, provide for thorough re- purposes, I would be more than pleased tion of up to $100 million in overflight form, including long-term funding re- to see if any of my colleagues have any fees, fees charged to foreign air car- form, of the FAA. amendments they would like to put on, riers flying through our air traffic con- Each of the elements of S. 1994 is es- because, at some point tonight, I think trol system. Some of this money could sential to fulfilling Congress’ responsi- the chairman of the subcommittee will help pay for the essential air service bility to improving our country’s air want to get a finite list of any amend- programs that are so important to less transportation system. Clearly, Con- ments that are not taken care of in the populated areas. gress, the White House, DOT, the FAA, managers’ amendment, or are agreed to Mr. President, I might say, one of the and others throughout the aviation in- or voted on tonight. reasons this is put in here is that other dustry have been under close scrutiny Mr. MCCAIN addressed the Chair. countries charge us overflight fees. We regarding the state of the U.S. air The PRESIDING OFFICER. The Sen- have never done that. So I do not think transportation system. The traveling ator from Arizona has the floor. there could be any retribution of any public has told us they are worried Mr. MCCAIN. I would say to the Sen- kind if we add those fees, because we about the safety and security of U.S. ator from Kentucky, I believe it is the will be doing the same thing they are airports and airlines, and the ability of wishes of the majority leader and the doing. They are using our system, they the Government to alleviate these con- Democratic leader to get a finite list, are flying over this country in a safe cerns. Recent tragic events suggest unanimous-consent agreement on that, manner, and therefore we charge them that this apprehension is justified, and and have whatever votes are necessary a fee for our services. we have been strongly encouraged to sometime tomorrow morning. So I, like So I hope my colleagues are listen- correct the problems in one air trans- the Senator from Kentucky, urge my ing. I hope if my colleagues have any portation system. I believe that the colleagues who have additional amend- amendments that they want us to con- legislation we are considering today ments to those that we already have to sider as they relate to S. 1994, that will go a long way toward making the come over to propose those, propound they come forward and we be able to system safer and better in every way.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10664 CONGRESSIONAL RECORD — SENATE September 17, 1996 I would like to discuss briefly the im- available explosive detection equip- The PRESIDING OFFICER. Without portance of addressing and resolving ment; contains a sense of the Senate on objection, it is so ordered. the FAA’s funding problems. I have the development of effective passenger Mr. REID. Mr. President, at an ap- long been a strong supporter of com- profiling programs; authorizes airports propriate time during the proceedings prehensive FAA reform, which includes to use project grant money and PFC’s of this legislation, I will offer an helping to create a more autonomous for airport security programs; estab- amendment. and accountable FAA, giving the FAA lishes aviation security liaisons at key We live in a world that is increas- flexibility in personnel, procurement, Federal agencies; requires the FAA and ingly unstable and more dangerous and regulatory matters, and ensuring FBI to carry out joint threat and vul- each day. Unfortunately, the origins of that the FAA has a long-term, user fee nerability assessments every 3 years; most of this danger are the nations based funding system that considers directs the FAA to set up a pilot pro- around the world that export its vio- the FAA’s costs of providing services, gram to determine whether baggage lence and its terrorism. increases the efficiency with which the match requirements would enhance This world is full of various cultures. FAA provides its services, and en- safety and security; requires all air Many diametrically differ from each hances the safety of the U.S. air trans- carriers and airports to conduct peri- other, but no clash of ideals and soci- portation system. odic vulnerability assessments of secu- eties justifies state-sponsored ter- Although S. 1994 includes an FAA re- rity systems; and facilitates the trans- rorism and aggression. form package that I fully support and fer of pilot employment records be- The resolution unequivocally notifies that encompasses several elements tween employing airlines so that pas- the world that the United States will that the FAA needs to resolve its prob- senger safety is not compromised. not tolerate state criminal activity lems, the legislation does not mandate This legislation addresses two other against American citizens and their a user fee based on long-term funding critical aviation issues. First, it con- property. The amendment that I will system for the FAA. I still believe that tains provisions intended to reverse the offer will outline this in some detail. a user fee system would be the most eq- disturbing trend of illegal diversion of Mr. President, those of us who serve uitable and efficient funding system airport revenues. To ensure that air- in this body fly all the time, so perhaps for the FAA. Yet, after working and port revenues are used only for airport because of that we recognize every consulting with many others in Con- purposes, this legislation would expand time there is a TWA flight 800 or Pan- gress, the administration, and the avia- the prohibition on revenue diversion to American, we cannot only see our- tion industry, this legislation instead cover more instances of diversion. It selves, but our families, in these air- sets up a task force, which will study also would establish clear penalties and craft that are so treacherously de- and recommend to Congress the best stronger mechanisms to enforce Fed- stroyed. funding system for the agency. I am eral laws prohibiting revenue diver- The resolution that I will offer warns pleased that we are taking this critical sion. In addition, the bill would impose the world that the United States will step today toward achieving long-need- additional reporting requirements so not accept in the slightest degree any ed, comprehensive FAA reform. that illegal revenue diversion is easily assault on its citizens by another na- I would also like to address the safe- identified and verified. tion. The resolution that I will offer ty and security provisions in this bill. Finally, Mr. President, this legisla- will convey a sense of the U.S. Senate We all know that the traveling public tion makes certain changes to the Met- that any state-sponsored condoned hos- is worried about their safety when they ropolitan Washington Airports Author- tilities toward Americans will in fact fly. Provisions in this legislation were ity required following recent Federal be an act of war and that we should developed to respond quickly and pre- court rulings. In specific, the bill abol- strongly consider that an act of war. cisely to concerns we have heard in ishes the MWAA Board of Review, and Mr. President, this principle applies first-hand conversations with those increases the number of Presidentially- to any act of hostility, including but who use our Nation’s airports and air- appointed members of the MWAA not limited to airplanes that are hi- lines. Board of Directors. It also conveys the jacked or destroyed in the skies, to the In specific, to assure air travelers sense of the Senate that the MWAA hostage taking of American citizens and other users of our air transpor- should not provide free, reserved park- living overseas and to the destruction tation system that safety is para- ing areas at either Washington Na- of buildings in which Americans reside, mount, this bill requires the FAA to tional Airport or Washington Dulles either on American soil or otherwise. study and report to Congress on wheth- International Airport for Members of The United States does not go to war er certain air carrier security respon- Congress and other Government offi- against common criminals, but if a na- sibilities should be transferred to or cials, or diplomats. tion is going to plan and organize the shared with airports or the Federal Mr. President, the recent horrible aggression, assist in the execution of Government; requires the NTSB to de- aircraft accidents, and continuing re- terrorism or condone the hostility by velop a program to provide family ad- ports of power outages and equipment hiding the terrorists, then there will be vocacy services following commercial failures in our air traffic control cen- a consideration of a state of war be- aircraft accidents; requires NTSB and ters, have raised questions about the tween America and that nation. the FAA to work together to develop a safety of our Nation’s air transpor- Mr. President, it is a responsible re- system to classify aircraft accident and tation system and the effectiveness of sponse to an aggressive act by a foreign safety data maintained by the NTSB, the Federal Government in safe- state. The existence of these acts is and report to Congress on the effects of guarding the traveling public. We must itself, I believe, a declaration that they publishing such data; ensures that the do our part to reassure the traveling have no concern for human safety, of FAA gives high priority to implement public that we have the world’s safest life, and that we should strongly con- a fully enhanced safety performance air transportation system. This com- sider this to be an act of war. analysis system, including automated prehensive legislation will go a long I hope that it will be a deterrent to surveillance; requires the FAA to con- way in reassuring the public that the continued terrorist activity, bringing duct a study on weapons and explosive system is safe, and ensure the FAA will down on a hostile government many detection technology. And by the way, have a stable, predictable, and suffi- numerous negative consequences, such Mr. President, I believe that tech- cient funding stream for the long term. as economic warfare, that is, affecting nology is out there and, with the prop- Mr. President, I suggest the absence the ability of the country to obtain er funding in research and develop- of a quorum. loans. No government in the world ment, we can develop it, I have no The PRESIDING OFFICER. The today can afford to have their credit doubt about that. Improves standards clerk will call the roll. cut off or their borrowing power re- for airport security passenger, baggage, The legislative clerk proceeded to moved. and property screeners, including re- call the roll. Second, causing neutral nations to quiring criminal history records Mr. REID. Mr. President, I ask unan- quit trading or doing business in a ter- checks; requires the FAA to facilitate imous consent that the order for the rorist country is something we should quick deployment of commercially quorum call be rescinded. consider would exist. If there is risk to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10665 trading with a country who exports vi- assault, killing, and terrorizing of our tion 674, or as a result of subsequent olence and upon whom there has been citizens, that we will retaliate. conference negotiations on general or is considered a declaration of war, At the appropriate time, Mr. Presi- aviation privatization with the House then neutral nations will cease trading dent, I will urge my colleagues to sup- of Representatives, I could support pri- with these venues of violence. port this sense-of-the-Senate resolu- vatization as long as no such legisla- Increasing insurance rates for the tion that would articulate clearly the tion permits the egregious activity of terrorist-sponsored government. Any gravity with which we consider the ter- revenue diversion and as long as it con- nation that sponsors terrorism itself is rorism that has been exported and is tinues to meet the airport users’ needs. at risk of violent retaliation, and con- being exported by foreign nations. Allegheny County Airport appears to sequently will see their insurance Mr. President, I suggest the absence meet the criteria of the Federal Avia- rates, which countries depend on in of a quorum. tion Administration for inclusion in a this modern world, as a detriment to The PRESIDING OFFICER. The privatization test program. their doing these acts of violence. clerk will call the roll. Mr. PRESSLER. In response to the What is a state of war? Among other The legislative clerk proceeded to concerns raised by the senior Senator things, the first response that comes to call the roll. from Pennsylvania, I would note that I mind, of course, is a military response, Mr. MCCAIN. Mr. President, I ask made my point in our recent cor- such as the one that President Reagan unanimous consent that the order for respondence that it is important to be initiated against Libya. The military the quorum call be rescinded. openminded and innovative in thinking power of the United States is well The PRESIDING OFFICER. Without about airport funding at a time of de- known and respected throughout the objection, it is so ordered. clining Federal resources. Undoubt- world, and is a principal option we ALLEGHENY COUNTY AIRPORT PRIVATIZATION edly, the privatization issue will be would have. Mr. SPECTER. Mr. President, I met taken up by the conference and I look Additionally, of course, naval block- recently with County Commissioners forward to working with my colleagues ades are an option, though less dra- Larry Dunn and Bob Cranmer, who are to address the needs of general aviation matic and violent than a full military very interested in the economic devel- airports, such as Allegheny County response. Mr. President, naval block- opment that could be generated from Airport. If the conferees determine ades have been used in recent times, privatizing Allegheny County Airport, that a privatization pilot program is particularly in Cuba, and in other na- a general aviation airport which has appropriate for general aviation air- tions whose reliance on ports and wa- not had commercial passenger service ports, I am sure that we will accord Al- terways are fundamental to their econ- since 1956. During my visit to the air- legheny County Airport all due consid- omy and their way of life. port on September 9, 1996, I again heard eration for inclusion in any such pro- A third form of response could be an of the strong local interest in privat- gram and would hope that the agency economic response, in effect, economic ization, which the county has esti- would do likewise. warfare that engages a variety of sanc- mated could generate as much as $20 Mr. FORD. I want to add my voice to tions against that nation’s economy. million in business growth in the this discussion. I know that the House This could range from a total embargo, Monongahela River Valley, an area has included a privatization provision, to dramatic tariffs, to a removal of the hurt in recent years by severe unem- which I cannot accept. I want to let my most favored nation status. This re- ployment. colleagues know of my grave concerns sponse could vary with the resistance I am advised that Federal law and about this matter. I know others share of the nation concerned. regulations are the principal obstacles my concerns. If Senator SPECTER’s con- I discuss these options of retaliation to privatization of airports. The House cern is over one general aviation re- to clarify that this sense-of-the-Senate FAA reauthorization bill contains a port, I suspect we all can appropriately resolution is not necessarily saying, as provision allowing for the sale or long- address that matter. we did during the Vietnam conflict, term lease, with the approval of the Mr. MCCAIN. Mr. President, I want that we will, in effect, try to bomb FAA, of up to six airports, of which one to thank the Senator from Pennsyl- them back to the Stone Age—nothing must be a general aviation airport or vania, Senator SPECTER, for his agree- to that effect. Rather, we will take the similar airport not in commercial serv- ment to a colloquy, and we will make responsible, firm actions necessary in a ice, such as Allegheny County Airport. sure that every consideration is given state of war to respond to state-spon- The Senate bill we are considering to his commitment to the Allegheny sored terrorism. today does not contain language au- County Airport. To declare a state of war under such thorizing such a pilot program, but I suggest the absence of a quorum. circumstances is well within the norm does provide for a report to the Sec- The PRESIDING OFFICER. The of international war and even histor- retary by an independent task force clerk will call the roll. ical precedent. The War of 1812 started that will consider innovative financing The legislative clerk proceeded to because American sailors were being mechanisms. call the roll. taken and impressed into the British Upon this state of the record, and as Mr. BROWN. Mr. President, I ask Navy. The British Government de- a member of the Transportation Appro- unanimous consent that the order for clared war against the Barbary pirates priations Subcommittee, I believe that the quorum call be rescinded. who terrorized the American coastline. for Allegheny County Airport to realize The PRESIDING OFFICER. Without Of course, there was the threat of war its fullest potential, private invest- objection, it is so ordered. by Theodore Roosevelt against the Mo- ment is crucial. I would ask my distin- Mr. BROWN. Mr. President, I will be roccan Government over the kidnap- guished colleagues, the chairmen of the offering an amendment later this ping of an American family. Aviation Subcommittee and the full evening that is designed to give trans- But even if it were not preceded in Commerce Committee, whether the Al- parency to some of the bidding process history, by the examples I have given, legheny County Airport is the type of with regard to large construction con- we must recognize the changing world airport in which privatization should tracts. in which terrorists are government be facilitated by Congress? I was surprised, in reviewing the supported, and that fanatical leaders of Mr. MCCAIN. As my good friend, the records of the Denver Airport, to find nations are willing to terrorize the senior Senator from Pennsylvania that it was difficult to ascertain why lives of innocent people. knows, I have been reluctant to sup- people had not been awarded the con- So, Mr. President, this resolution port legislation in this bill directing tract even though they were the lowest that I will offer at some subsequent the agency to establish a pilot program qualified bidder. I had just assumed time in these proceedings would send a on airport privatization, particularly that, when you put a project out to bid clear, unequivocal message, both because of the revenue diversion issue. and you had narrowed the field of peo- abroad and to our own communities However, if there is a legislative effort ple who bid on that contract, you were and States, by saying that the Amer- to facilitate privatization, either as a obliged to take the lowest bid. Cer- ican Government will protect its citi- result of an independent task force rec- tainly, that would be in the best inter- zens when other nations sanction the ommendation, as provided for in sec- est of the taxpayers if you could get

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What was of more concern was the think the contractor is qualified and I yield the floor back to the Senator fact that it was very difficult to iden- so, therefore, we put out openly that from Colorado. tify when this had happened and how the reason we turned down the lowest Mr. BROWN. I yield to the Senator much it had cost the taxpayers. Lit- bid is we didn’t think the contractor from Kentucky. erally, in working with the GAO audit was qualified, then you would open the Mr. FORD. Mr. President, I say to my at the Denver Airport, we were advised airport board up—or whoever it is—to a friend, I haven’t seen the amendment, that it was going to be next to impos- lawsuit saying that this contractor is so it is hypothetical. You made a state- sible for them to identify which con- not qualified and, therefore, we are ment that left an inference here on tracts had not taken the lowest bid and throwing out his bid. That gets to be a what we were supposed to do, and so I how much was lost to the taxpayers or little bit tough, I imagine, when there will wait and get a copy of your amend- how much cost was increased because is a bid of any significance. ment. I think your intent is good, but of that. I am trying to prevent lawsuits on I am not sure that the end result will Mr. President, I am well aware of the my airport board. get what you are looking for. I would problems of overregulating this area. I Mr. BROWN. I appreciate the interest like to see the amendment. want to commend the committee for of the distinguished Senator from Ken- Mr. BROWN. Let me say that I appre- their efforts in the past to try to loos- tucky. I know he is very knowledgeable ciate my friend’s interest and, particu- en up this area, to give more flexibility in this area. You will be relieved to larly, his expertise in this area. We will to the levels of government that work know that is not the way the amend- get him a copy of the amendment and in this area. My understanding is that ment is drafted. My sense was that, in would, obviously, appreciate any sug- the advancements in that area have a circumstance where the airport au- gestions the Senator has. It is not my been made and that a general guideline thority, or others, have deemed the purpose to restrict, in any way, airport indicating an effective contracting pro- bidders qualified, among the bidders authority, or anybody, from making cedure should be set forth but that the that they deemed qualified, if they determinations as to who is qualified Transportation Department has the don’t take the best bid, they would be to bid, nor would it be to require an in- ability to move away from the very re- then obliged to give some indication of vestigation. It is my intention that strictive legislation in this area which the reason they had not taken the best when you come down to several parties has existed in the past and still, for ex- bid, but it would only be among those being deemed qualified and the con- ample, exists with the Pentagon. So it is not my purpose to reregulate who were qualified. They would be the tract not going to the one who is quali- this area. But it is my purpose—and I determinants of those qualified. fied and the lowest, then I think the think it would serve an advantage—if, Mr. FORD. Sometimes, I say to my public is entitled to at least an expla- when the lowest qualified bidder is not friend from Colorado, when you have to nation. selected, that at least the information publicize the bid, it is in the local That is the intention of the amend- is available as to why the lowest quali- paper, and you can go by and pick up ment we will be offering. I will file it fied bidder wasn’t selected and how blueprints for $25 or $100, or whatever at the desk. much difference there was in the bids it is, and you take it and work up your I yield the floor. on the contract. I believe that, if there estimate. When the bid date comes, Mr. FORD addressed the Chair. is something wrong—and I don’t mean you make your bid. When do they de- The PRESIDING OFFICER. The Sen- to suggest there is always something termine that contractor is qualified or ator from Kentucky. wrong if you don’t take the lowest bid- not qualified? Mr. FORD. Mr. President, I am dis- der. I suspect that there are cir- Mr. BROWN. Obviously, the proce- turbed by this amendment. This cumstances where that is explainable dure followed will depend on the entity amendment is the total Department of and understandable. But I believe if and, of course, we are dealing with a Transportation. It has nothing to do you have to at least present the infor- nationwide effort. The Department of directly with aviation. This is an avia- mation and make it public and avail- Transportation, for the contracts that tion bill. This indicates to me that, if able, the free press in our free system they let themselves, follows a different you do not like the winner, this gives will do a great deal to police the situa- procedure than, perhaps, local airport you the ability to get rid of him. It is tion. Transparency, exposure of the boards would. page after page of what a contractor facts, will help guarantee that the tax- Mr. MCCAIN. Will my colleague yield has to do, what the Secretary of Trans- payers get the best contract for their and allow me to make a statement on portation has to do, and all of these dollar and get the best performance. behalf of the leader? things. This is the total Department of Mr. President, I think it would be a Mr. BROWN. Yes. Transportation. We are here today to mistake to continue a practice which Mr. MCCAIN. Mr. President, I ask talk about airports. I thought it was allows people to literally hide from the unanimous-consent, with the Senator referring to airports, and about airport public the fact that they haven’t taken from Colorado not losing his right to authority. This says the Secretary of the best bid from qualified bidders in the floor, to make a statement on be- Transportation or the Administrator these circumstances. Mindful of the half of the majority leader. to award a contract in an amount costs of imposing this burden, we have The PRESIDING OFFICER. Without greater or equal to $1 million. suggested a $1 million threshold, and objection, it is so ordered. So the Senator from Colorado is maybe it should be even higher. The Mr. MCCAIN. Mr. President, the ma- going to have to do a lot of work on Defense Department has a $25,000 jority leader has asked me to announce this one before this Senator agrees to threshold for their requirement for the that we are seeking a finite list of it, and he will have to present it and competitive bidding. So I don’t suggest amendments, with the intention of pro- have a vote in the Senate. doing anything like what the Defense pounding a unanimous-consent agree- I yield the floor. Department has done, but I think at ment at the appropriate time, and that Mr. BROWN. Will the Senator yield? least with the disclosure of the $1 mil- it be a limited number of amendments, The PRESIDING OFFICER. The Sen- lion threshold—we will eliminate the to be tentatively voted on—those that ator from Colorado. small contracts—we will make it avail- require votes—at 11 o’clock tomorrow Mr. BROWN. I thank the Chair. able. Literally, when you don’t take morning. Let me say it is my understanding the best bid, you at least ought to The majority leader asked me to an- that the amendment does not give any- make an explanation and the facts nounce that there will be no further one a chance to open up bids. All it available to the public. votes this evening. I urge my col- does is merely ask for disclosure. It Mr. FORD. If the Senator will yield leagues to come over with their amend- suggests that there ought to be a bid- for a question, without his losing the ments so we can compile a complete ding process. I want to assure my

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Others say they will fight being—when we worried about the pos- mistakes that has been made here to- to the death if the tax is extended be- sibility of someone with a firearm com- night is, I guess, saying no more votes. yond the end of this year. ing in and taking the plane away to hi- When it is said ‘‘no more votes,’’ they And meanwhile, uncertainty mounts jack it and the passengers. scatter like a covey of quail. So we will about how the FAA will meet the chal- But now we have a different threat. be looking for amendments as best we lenges of the 21st century. Now we must meet a different test. can. Last year, when S. 1239 came before And that threat, of course, is ter- We have a managers’ package that the Commerce Committee, I offered rorism. We must do everything we can will take care of many of the Senators substitute legislation to remove the to protect the traveling public against who have offered amendments. We are, mandated user fee system con- the people in this country that would I think, fairly close—down to maybe templated by that legislation. kill and maim innocent people in the six or eight amendments that will be My concept was that Congress needed name of a cause; people who would go the finite list. But we never know. more facts to cut through the issues in and blow up a building, or blow up The thing I want my colleagues to raised by both sides—and frankly, I an airplane, or any other kind of hei- understand is that the majority leader was concerned that S. 1239 preordained nous crime not even knowing the vic- has told the Senator from Arizona that user fees as the only way to meet the tims, not even knowing their families. he wants to get a unanimous-consent FAA’s needs. And, yet, because they believe in some agreement tonight on a finite list of My belief then, and now, is that an cause that they want to get publicity amendments and start voting on it at independent authority must review the for they would do these terrible acts. 11 o’clock tomorrow. All I can do is try FAA’s budgetary projections and deter- It is hard to deal with something like to protect my colleagues as best as I mine whether they are sound. All of us that, but we must try. And we can do can to a point. must agree on the needs, before we a lot just by having in place strong se- So I hope at least those on my side, mandate the solutions. curity measures that would protect the if you have an amendment, will please The compromise before us today does traveling public and let would-be ter- come and let me have it so that it can that. An independent assessment of the rorists know we are going to meet be on the list. If not, I think you may FAA’s financial requirements is con- them at every point that they would get left out. ducted, and then an independent panel try. CCAIN’s bill is a I yield the floor. takes the financial information and I think Senator M Mr. MCCAIN addressed the Chair. good one because it does put in place proposes to us, and the administration, The PRESIDING OFFICER. The Sen- studies where we are not sure what the specific recommendations on how to ator from Arizona. ramifications would be, and regula- fund the agency, and how to get the Mr. McCAIN. Mr. President, I would tions to be made by the FAA where we most efficient system for the dollars like to echo the sentiments of my know that we can do certain things spent. friend from Kentucky. I hope that the that will make it better. relevant amendments will be brought I will be blunt. I believe the flat-tax I think baggage checks, which is over. We are in the process of com- concept of the excise taxes has worked. something that is done on inter- piling that list. It is my understanding It is not perfect, but I fear there is no national flights, is something that we that the intention of the majority lead- perfect funding mechanism in this ought to look at on domestic flights. It er and the Democratic leader is to com- area. is not easy. I know that the airlines plete this bill tonight with the relevant But we will let the independent task are very concerned about not only pas- votes held over until tomorrow at 11. force work its will—and we will act on senger security but, of course, the ease So I again urge my colleagues to the proposals it promulgates. of travel and the ability to keep time. come over. I want to thank Senators MCCAIN, It is an issue for them. I understand Mr. STEVENS. I am pleased that this FORD, HOLLINGS, and PRESSLER for that. But I think we have to try. I bill has made its way to the floor. In- their hard work and leadership on this think we have to see how we can make cluded in this important legislation is bill. We all care about the FAA and it work. a provision I helped to craft which want to see it work efficiently and ef- Technology is changing every day. It mandates an extensive review of the fectively. Many good people work at is getting better. I went to the airport Federal Aviation Administration’s fi- the FAA, and the agency is absolutely yesterday morning, and they put my nancing needs. A private industry com- essential in my State where more than ticket through a screening device and mission is established under this bill three-quarters of our communities are brought out the boarding pass. Clearly, that will make recommendations on accessible only by air. they are now being able to check whether the FAA’s financing system Mr. President, I suggest the absence whether a ticket is valid. That is good. needs to be modified. of a quorum. I was pleased to have that little, tiny I know that we all agree that the The PRESIDING OFFICER. The delay because I knew that it made me aviation industry and the traveling clerk will call the roll. safer in the air. public need to have a fully funded, effi- The bill clerk proceeded to call the So I think with the technology we cient, Federal Aviation Administra- roll. have, that probably we can work out tion. Mrs. HUTCHISON. Mr. President, I something with baggage checks that What we disagree on, and what the ask unanimous consent that the order would not be onerous for the airlines. industry disagrees on, is how to reach for the quorum call be rescinded. Certainly, background checks for bag- that goal. The PRESIDING OFFICER. Without gage handlers and passenger screeners There is a bill on the calendar which objection, it is so ordered. is going to be something we would like mandates the implementation of user Mrs. HUTCHISON. Mr. President, I to have looked at. fees to fund the Agency. That bill has thank the Senator from Arizona for the We want to make sure that we are drawn so much opposition that it is work that he has done on the aviation able to screen people who are going to stalled. security issue and the aviation funding have access to the tarmac. I think The so-called big seven air carriers issue. He has worked on that for a long these are prudent measures and some- have visited many of our offices with a time. It is something that we share as thing that we need to know all the different user fee proposal—that con- an issue. ramifications of. We need to know cept also has not been adopted. Having been a member of the Na- what the costs are. We need cost-ben- An alliance has been formed of air tional Transportation Safety Board, I efit analyses. That is common sense. carriers, general aviation, manufactur- have looked at aviation safety for a But I think, in the end, this can be ers, and others to block all user fee long time. I think that the United done with a cost-benefit analysis that proposals. States and the FAA have done a very does make sense.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10668 CONGRESSIONAL RECORD — SENATE September 17, 1996 I am very pleased we are going to The PRESIDING OFFICER (Mr. vinced him you ought not go to look at passenger facility charges and BROWN). The Senator from North Da- Disneyland; you ought to go see the Airport Improvement Programs for the kota is recognized. world’s biggest cow on a hill over- funding of these security measures. Mr. DORGAN. Mr. President, I want- looking New Salem, ND—Salem Sue, a The Senator from Arizona is making it ed to come to the floor to speak about giant plastic dairy cow that sits on a possible in this bill, in the managers’ a couple of provisions in this legisla- hill. So he decides he will fly from amendment, to have access to those tion which includes a number of very Washington, DC, to Bismarck; he funding mechanisms for more of the se- important provisions that are very im- would be going to see Salem Sue in- curity screening systems that are a portant to all parts of America, but es- stead of Mickey Mouse. So he calls the higher and better technology than pecially to rural America. I wanted to same travel agent and says, ‘‘Well, you those being used at most airports make note of a couple of them. charge $300 for me to fly from Wash- today. Before I do, I wish to talk generally ington, DC, to Disneyland. How much We have a number of things that will about what persuaded me to advance will it cost me to go half as far to see improve our airport security in this an amendment in this legislation deal- the world’s largest cow on a hill out- bill. I do think it is important that we ing with essential air service. This bill side New Salem, ND?’’ take every step we can, that we work contains an amendment I offered in the Answer, twice as much. Fly half as far, pay twice as much. with the FAA, that we bring the FBI in Commerce Committee dealing with the Or, said another way, fly twice as far, to an even greater extent. They are essential air service program. I want to go back, as boring as it pay half as much. working now with the FAA, but I think What kind of a pricing system is they could do even more. I think it might be for some, to revisit the deci- sion on deregulating the airlines. We that? Would that be a bureaucratic very important that we bring all of pricing system? Would that be a func- this together with the mandates and have people here in Congress who still think deregulation was a wonderful tion of some bureaucrat in Government the studies to make sure we do every- who decided let me see if I can mess up thing possible to make the traveling thing to do. If they could get pompoms, they would do jumping jacks and wave our pricing system so we can charge public safe and to let them know we people higher prices to fly fewer miles? are taking these steps to make them pompoms, saying airline deregulation was a wonderful thing for our country. No, that is not what this is about. It is safe and also to let the potential ter- about airline deregulation and the lack Well, it was for some Americans. rorists know we are taking these steps of competition, which means that rural to counter the threats that they might If you live in Chicago, I guarantee you grin from ear to ear about deregu- areas, people who live in smaller make on our traveling public. States with less population, end up So I am very pleased to have worked lation because if you happen to be trav- eling to Los Angeles, you can go to paying higher prices for fewer choices. with Senator MCCAIN on this bill, to O’Hare Airport, find many carriers fly- That is where deregulation has left us. bring what I learned in my days at the Some people think that does not ing to Los Angeles, competing aggres- National Transportation Safety Board mean very much. We still get all this sively against each other, providing to bear on this, although I must say, robust competition in the major cities, when I was on the National Transpor- competitively lower prices. You will and that is a good thing for the major tation Safety Board terrorism was not find a heck of a bargain if you want to cities. Yes, it sure is. It is a good thing the threat. That was in the old days travel from Chicago to Los Angeles. If for the major cities. But it has been when we were worried about other safe- you want to travel from Chicago to devastating for rural areas of the coun- ty issues, and I think now we do have New York, the same deal—a lot of car- try. the safest aviation system in the riers competing aggressively, com- I could go on at some length but I world, and we are just going to take peting by lowering prices. You get a shall not do that, except to say that, the next step to make it safer. heck of a deal. because of our experience, in which de- What about people who do not live in I thank the Senator from Arizona regulation of the airlines has made the the largest cities? What about someone rural areas an impoverished area with and the Senator from Kentucky for who lives, for example, in a State like their work on this bill. We must pass respect to that part of transportation North Dakota? Before deregulation, service we used to expect—some kind it, and we will. there several major airlines that flew I thank the Chair. of competition with jet service going jets in North Dakota: Western Airlines, to some hubs—because of that we have Mr. McCAIN. Mr. President, I wish to Frontier Airlines, Republic, formerly take a moment to thank the Senator to rely more and more on other kinds North Central Airlines, Delta Airlines, of devices. We have become very strong from Texas. She brings a degree of ex- Northwest Airlines, Continental Air- perience and expertise to the Com- supporters of the Essential Airline lines. Do you know who flies jets in Service Program, called EAS. That was merce Committee on aviation issues North Dakota today? Northwest Air- a program—when deregulation was en- that no other Member of the Senate lines—a good carrier. One jet service acted—that was advertised as a means has, due to her long involvement with carrier servicing our State. It is a good to continue to provide some support aviation safety as a member of the Na- carrier, good company, but our people and help to the smaller areas. That tional Transportation Safety Board. deserve some competition. program used to be funded at $80 mil- She worked on a special task force on The result of all of this is that in lion a year. Then it went to $40 million antiterrorism after the TWA 800 trag- rural parts of the country when you a year, then $30 million, then $25 mil- edy. She has advised the Senator from have less service, fewer companies and lion. Slowly but surely it has been di- Kentucky and me, but, more impor- less competition? Higher prices and minishing and many have tried to kill tantly, she has been responsible for less service. it. specific recommendations that are part I’ll give you an example which I have What I did in this bill was offer an of this bill which I think will help us used before in the Commerce Com- amendment that is now part of this achieve the goal which we all seek, and mittee. Let us assume that a Senator legislation that provides a permanence that is a reduction in the threat to the from Colorado desired to fly from to the Essential Air Service Program safety of those American citizens and Washington, DC, to go to Disneyland by funding it with a fee which this others who make use of airlines not and see Mickey Mouse and all of the country should attach to foreign car- only in the United States but through- merriment at Disneyland, traveling all riers overflying America. Every other out the world. the way across the country. And the country assesses this fee. Our country So I extend my deep appreciation to Senator from Colorado called a travel never has. This bill will assess a fee for the Senator from Texas. The bill would agent and said, ‘‘I want to go see foreign overflights of our country, just not be, I believe, as encompassing as it Disneyland in California. What is it as other countries do, and part of the otherwise is without her assistance, going to cost me?’’ And they would proceeds of that fee will be used to pro- and I thank the Senator from Texas. give him a price for a ticket, maybe a vide for an Essential Air Service Pro- Mr. President, I yield the floor. 2-week advance, to fly all the way gram that is more robust than the cur- Mr. DORGAN addressed the Chair. across the country. And then I con- rent program is.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10669 Under my amendment, the Essential for the purpose of funding the FAA. It respect to the FAA—and I know we are Air Service will be administered by the was reinstated for the purpose of pay- talking vacuum tubes and all kinds of FAA; no longer the DOT, as is cur- ing for a small business tax program other issues here—with respect to the rently the case. It will be authorized at that was attached to the minimum FAA, I feel more safe flying in this $50 million a year. This bill passed the wage bill. country than I do anywhere else in the Commerce Committee with broad, I know about double entry book- world. Is the FAA perfect? Have we had wide, bipartisan support. I appreciate keeping, and this truly stretches dou- problems? No, it is not perfect. Yes, we very much that it is on the floor and ble entry. Either the 10-percent ticket have had problems. But is this the kind likely will pass through the Senate. We tax is designed to help fund the func- of organization that deserves to have expect to keep this in conference and, tions of the FAA, or it is designed to this kind of plug-in and pull-out cir- once and for all, solve this problem. help pay, as a revenue source, for a cumstance on the 10-percent ticket This is a good piece of legislation that range of tax breaks—many of which I tax? I do not think so. It is not a good addresses a problem that we are stuck supported, many of which I thought way to do business. I think my col- with as a result of deregulation in were meritorious—tax breaks for small league from Arizona would agree with rural areas of the country. business. But it cannot do both. And that. My friend from Arizona is a particu- the more egregious approach here is I am not standing here lacing criti- larly articulate supporter of deregula- that, on December 31, the 10-percent tion. I understand why, and I do not cism at one person or one committee or ticket tax will expire again and, on one party. I am just saying this is not contest his view of why it has been January 1 and 2, there will be no 10- beneficial to some areas of the country. the way for the Senate to do business percent ticket tax. The Congress will and we ought to change it. If we are Nor would I expect he would contest not be in session. The Congress will my view that some areas of the coun- going to be here a week or two more, come back into session the first week the Finance Committee ought to report try have been hit very, very hard by a for a day, for swearing in. Then its theory that says we will create, in our something out that does this in the committees will organize. And, as all of right way, and that would be to perma- transportation system, networks in us know, there is not going to be a re- which, if you get a decent income nently attach that ticket tax so it does attachment of a ticket tax in January; stream that supports a service, fine; if not expire on January 1 and attach it unlikely in February; and we are right not, service is unavailable and unim- as a permanent funding source to the back into the same problem that all of portant to you. FAA, as it has been previously. That is We have always, in transportation us should have learned about in recent what I would expect of this Congress. and communications and certain other months. That is what I think most of the Amer- This is not being critical of one side areas, said let us try to provide broad ican people would expect of this Con- or the other. It is saying this is an networks of opportunity. That should gress. awful way to do business. I have sup- be true in air travel. It is true in com- ported the ticket tax because I think it So, that is therapy. I got that off my munications, telephone service, and is an appropriate way to raise the rev- chest. I have been complaining about other areas as well. But deregulation that for some while to no avail. You has changed that. We have had an op- enue to help pay for the functions of the FAA. We lost $500 million a month, talk to some who say, ‘‘this committee portunity, now, to sample the bitter has jurisdiction,’’ ‘‘this happened,’’ fruit of what deregulation does for us have substantially depleted the trust fund, we reattached the 10-percent ‘‘there are circumstances we cannot al- in some areas, and do not like it very ways control,’’ ‘‘I wish it were dif- much. That is why the Essential Air ticket tax, not for the purpose of re- funding the FAA, but for the purpose of ferent’’—the fact is, we can make it Service Program is increasingly impor- different. We run things, all of us to- tant to us. allowing another bill to pass that pro- vides tax cuts for small businesses, gether. We in Congress can make our I would like to move from that just own decisions about what is right or for a moment to one other item. This some tax help for small businesses, and then attached it only until December what is wrong and it is fundamentally piece of legislation is critically impor- wrong that we are going to leave here tant. I commend the Senator from Ari- 31 when it is certain to expire again and all of us know it. and on January 1 have no ticket tax zona and the Senator from Kentucky that is funding the manner the FAA and all others who had a role in bring- There is something fundamentally wrong with that happening. The re- runs, the way you and I and everybody ing it to the floor of the Senate, be- expects it to operate. cause this legislation must be enacted sponsibility for us to address that is Mr. President, I know others may by this Congress. We must reauthorize ours, all of ours, on both sides of this want to speak on this. Having com- the FAA, provide for some continuity, political aisle. We ought to run this plained now for a bit about this, I do and we must recognize its new and ex- place the right way, and the 10-percent want to come back to say that I appre- panded role in dealing with all of the ticket tax, if that is the choice to ciate a lot of work that the Senator issues we deal with all throughout the largely fund the FAA functions, let us from Arizona and the Senator from year on air service issues in the Com- put it in place and keep it in place and Kentucky have done to bring this to merce Committee. not play games with it. One of the rea- But something has happened here sons I believe it is extended only by the this point. I know there have been a that causes me great concern. Let me Finance Committee through December number of fences to climb and a num- explain to the Senator from Arizona. I 31 is because I think there is a belief by ber of fences to get under, even, to get know he is aware of this and he prob- some that they can use it for the small here. I do not expect they will all be re- ably feels the same way I do about this, business tax breaks now, which they cited on the floor of the Senate, but but it causes me great concern. We have done, and then they can come this is the right subject. We need to re- have funded most of the FAA through back on January 1 and use it again be- authorize this bill, and the work that the aviation trust fund, financed, in cause it will be new money. It will not these two have done, I think, may part, with a 10-percent ticket tax on be a tax that exists. It will be a new allow us to accomplish that in a way airline tickets in this country. What tax and they can use it for other pur- that will be helpful to this country. If happened is that this 104th Congress we poses in January. It is a budget game we will add to it a piece that solves the got into a wrestling match about a and everyone in this Chamber knows ticket tax issue in the way that people whole range of issues and the ticket it. would expect it to be solved, then I tax expired. All those many months More important, it is playing a game think we will have done something the ticket tax has expired the $500 mil- with the wrong entity. The FAA, for all more for this country. I yield the floor. lion a month that should have been of the controversy that it seems to re- Mr. MCCAIN. First of all, I associate going into the trust fund to help fund ceive every time there is a major prob- myself with the remarks of the Senator the programs in the FAA, depleting the lem, the FAA is an institution that has from North Dakota concerning the trust fund. an enormous responsibility. I, like my ticket tax. If, last year at this time, Then the 10-percent ticket tax was colleagues, have flown in various parts the Senator from North Dakota and I reinstated, but it was not reinstated of the world. I tell you, at least with had been told that the ticket tax would

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10670 CONGRESSIONAL RECORD — SENATE September 17, 1996 have been jerked around in this fash- One item I would like to add to what maintenance program; maximum per- ion, I would have just said it is not pos- we expect from FAA is that we put re- centage of amount made available by sible. I mean, aviation in America is sponsibility on those who are operating grants to certain primary airports; dis- too important. We have to have these FAA to do all these great things, and cretionary fund; designating current funds. We know what method of trans- then we don’t give them the where- and former military airports; State portation more and more Americans withal to do it. Think about that. We block grant program; access to airports take, and the importance of moderniza- demand the safest airline service in the by intercity buses; report including tion. We all know the problems with world, but yet we say we’re going to proposed legislation on funding for air- the air traffic control system. We all play Mickey Mouse with your money. port security; family advocacy; acci- know the issues that face us. Yet the We went 10 months at $19 million a dent and safety data classification; re- ticket tax was allowed to lapse for day lost, and now on January 1, we will port on effects of publication and auto- what, 10 months, I ask my colleague start losing a similar amount until we mated surveillance targeting system; from North Dakota? It staggers the wake up and try to fund it. Sure, we weapons and explosive detection study; imagination. For us to only, as the have in this bill a study on other ways requirement for criminal history Senator from North Dakota says, ex- to finance, but we don’t have it yet. records check; interim deployment of tend that ticket tax to December 31 is That study has to be sent to us for re- commercially available explosive de- really unfair. It is unfair to aviation view by the Secretary of Transpor- tection equipment; audit of perform- safety, it is unfair to modernization, it tation. ance of background checks for certain is unfair to the towns and communities What do we do between now and personnel; sense of the Senate on pas- that the Senator from North Dakota then? We are going to hear some folks, senger profiling; authority to use cer- talked about which have lost air serv- ‘‘Where’s my money for my airport?’’ tain funds for airport security pro- ice as a result of deregulation. Well, you didn’t pay for it. ‘‘Where is grams and activities; development of I just would like to say now, espe- my help on essential air service?’’ The aviation security liaison agreement; cially since my friend from Kentucky Senator from North Dakota made his regular joint threat assessments; bag- is here, maybe if the three of us and point. gage match report; enhanced security like-minded Senators got together and In the managers’ amendment that programs; report on air cargo; acquisi- just said, ‘‘Look, we’re not going out of will be agreed to shortly, the amend- tion of housing units; protection of vol- session until we do resolve this ticket ment of the Senator from North Da- untarily submitted information; appli- tax issue,’’ remembering that in this kota, as it relates to small airports, es- cation of FAA regulations; sense of the bill, it does call for at some point a sential air service, all those things will Senate regarding funding the Federal commission report to the Commerce be in this bill. He has made a great Aviation Administration; authoriza- Committee, to the Finance Committee, contribution. tion for State-specific safety measures; and then to the floor of the Senate, so I say to my friend from Arizona, I sense of the Senate regarding the air we can fundamentally restructure the know his toughness, I know his ability, ambulance exemption from certain way the financing is done. and I will be glad to follow his lead in Federal excise taxes; FAA safety mis- But until there is that kind of agree- trying to work out something before sion; carriage of candidates in State ment, we are stuck with a ticket tax. I we leave here to extend the ticket tax and local elections; train whistle re- don’t think it is the fairest kind of tax, until such time as a report comes back quirements; limitation on authority of I will tell my friend from North Da- under this bill. That would at least States to regulate gambling devices on kota, and I don’t think he does either. give us something to go on. vessels; commercial space launch and I think people who use the system are But I understand the turf around other germane amendments. the ones who should be paying. Right here. I understand we have jurisdic- AMENDMENT NO. 5360 tions in our committee. I understand now, for example, business jets pay (Purpose: To amend title 49, United States about one-tenth into the system that the smoke and mirrors that are being Code, to reauthorize programs of the Fed- they use. That is wrong. That is not played with the ticket tax. It ought to eral Aviation Administration, and for fair. In all due respect to my friends in go to airlines. It ought to go to FAA. It other purposes) the corporate world, they can afford it. ought to go to safety. It ought to go to Mr. MCCAIN. Mr. President, I send There are significant inequities asso- small airports. But, no, we play Mickey the managers’ amendment to the desk ciated with the ticket tax, but for us to Mouse, and we then turn around and on behalf of Senator PRESSLER, myself, allow the aviation trust fund to be- say, ‘‘Where’s all our help?’’ You just Senator HOLLINGS, Senator FORD, and come depleted to the point where we can’t do it. others. can’t carry out our fundamental obli- So I agree with my friend from Ari- The PRESIDING OFFICER. The gations, in my view, is—the kind of de- zona, and, in particular, my friend clerk will report. scription I would use is inappropriate. from North Dakota. I thank him for his The assistant legislative clerk read I wonder if the Senator from Ken- statement tonight. I believe if those as follows: tucky wants to add a comment on that Senators who didn’t hear his state- The Senator from Arizona [Mr. MCCAIN], before I also respond on the issue of es- ment—their staffs hopefully did—they for Mr. PRESSLER, for himself, Mr. MCCAIN, sential air service, which I think the will have an opportunity to read the Mr. HOLLINGS, Mr. FORD, and Mr. STEVENS, Senator from North Dakota and I have RECORD in the morning to see what the proposes an amendment numbered 5360. been debating going on 7 years, and I Senator said, and he makes sense. Mr. MCCAIN. Mr. President, I ask have no illusion of changing his views There wasn’t anything partisan about unanimous consent that the reading of tonight. his statement. There is nothing par- the amendment be dispensed with. I yield the floor. tisan about the statement of the Sen- The PRESIDING OFFICER. Without Mr. FORD addressed the Chair. ator from North Dakota. He was just objection, it is so ordered. The PRESIDING OFFICER. The Sen- spelling out the facts, and when you (The text of the amendment is print- ator from Kentucky. listen to the facts and you don’t re- ed in today’s RECORD under ‘‘Amend- Mr. FORD. Mr. President, let me spond, as eloquently as he laid them ments Submitted.’’) thank my friend from North Dakota, out, then I think we have something Mr. MCCAIN. Mr. President, I ask Senator DORGAN. You never know when more than trying to serve our constitu- unanimous consent that the amend- you get up on the floor and make a ency back home permeating this ment be considered as original text for statement about the way you feel—the Chamber. purpose of further amendment. response from the Senator from Ari- I yield the floor. The PRESIDING OFFICER. The Sen- zona, chairman of the Aviation Sub- The PRESIDING OFFICER. Who ator from North Dakota is recognized. committee, is that he agrees with you. seeks recognition? Mr. MCCAIN. Can we get this accept- I agree with you. So now we have Mr. MCCAIN. Mr. President, I am ed first and then return to the Senator three. So when you start out, maybe about to send to the desk a managers’ from North Dakota? you thought you were by yourself, but amendment to the bill. These modifica- The PRESIDING OFFICER. The Sen- you are not. tions concern sections concerning ator’s request with regard to original

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10671 text is approved by the Senate. With- Then they had men and women up ple of days the three of us, conspiring out objection, it is so ordered. and down the row—and many of you in a thoughtful and interesting way, Mr. MCCAIN. We seek adoption of the have seen this in a control tower—in can find a way to solve this problem. managers’ amendment. the dark room with the flow of incom- Mr. President, I yield the floor. The PRESIDING OFFICER. Is there ing traffic and the flow of outgoing Ms. SNOWE. Mr. President, I rise in objection to adoption of the managers’ traffic dealing with that. Then you had support of the managers’ amendment, amendment under the conditions that the folks up on top who were dealing and to express my appreciation to the have been stated? Without objection, with the visual aspects of landings and chairman of the Commerce Committee, the amendment is agreed to. takeoffs and people on the ground. I Senator PRESSLER, for working with The amendment (No. 5360) was agreed will tell you, I watched these people for me to ensure that this bill addresses an to. some while. I was enormously im- important issue facing the Federal Mr. MCCAIN. I thank the Chair. pressed. These are skilled, trained, Aviation Administration [FAA]—the The PRESIDING OFFICER. The Sen- tough professionals who know what issue of safety. ator from North Dakota. they are doing. I came away from that My language in the managers’ Mr. DORGAN. Mr. President, let me not thinking that this is a system with amendment responds to the request finish with a very brief statement. I do a lot of worry about it; I came away made by the Secretary of Transpor- not want people to misunderstand what enormously impressed by the men and tation on June 18, when he called on we are discussing here. This is not my- women who were running that system Congress to: ‘‘* * * change the FAA self or others suggesting that we like a at the Minneapolis-Saint Paul Airport. charter to give it a single primary mis- 10-percent ticket tax because it has the I do not know about all Senators, but I sion: safety and only safety.’’ word ‘‘tax’’ in it. Let me explain ex- know what I saw that day enormously In light of the many safety concerns actly what this is. impressed me. These are very capable that have become public as a result of For some many years we have had a people. the tragic crash of ValuJet flight 592 10-percent tax added to the price of air- Can the system be improved? Yeah, and TWA flight 800, it is important to line tickets for the purpose of funding probably. restate the commitment of Congress a wide range of activities in the Fed- Mr. MCCAIN. Would the Senator and the FAA to ensuring the safety of eral Aviation Administration, the con- yield just for one additional comment I air travel in this country. By address- struction of airports, the purchase of would like to make? ing the issue of the dual and dueling equipment dealing with airline safety, Mr. DORGAN. Certainly. missions of safety and air carrier pro- a whole range of things dealing with Mr. MCCAIN. Now that the managers’ motion, as one reporter so accurately FAA control towers. We have always amendment has been accepted, we con- put it, there will be no room for doubt funded that with this 10-percent tax on tinue to seek any additional amend- in the minds of the traveling public—or tickets. ments that our colleagues may have. the FAA—that safety is its job—first, To decide that there shall not be a 10- The Senator from Rhode Island has, last and always. percent tax on tickets means that after the Senator from North Dakota is The underlying bill includes the there is no funding, or at least the finished with his remarks, an amend- Wyden-Ford amendment, which I sup- major funding for the FAA is not going ment. We will be awaiting or antici- ported in committee, that took an im- to be available. That is why I say it pating any additional amendments, portant step in the direction requested does not make much sense for us to again, reminding my colleagues that by the Secretary. That amendment worry about and talk about the FAA we will be seeking a unanimous con- added the word ‘‘safety’’ to the statute and its functions, the critical functions sent agreement tonight to close out outlining the FAA’s mission on air it performs for passengers in our coun- further amendments so that we will be commerce promotion, and I agree that try, and then to allow the disconnec- able to have votes on pending amend- it is important to reemphasize safety tion of the major revenue source to ments and final passage at 11 o’clock in this area. This still leaves us with a fund the FAA. tomorrow, which is the direction of the dual mandate, however. Not too long ago I asked to tour the leaders on both sides. The Snowe language requires the FAA control tower at the Minneapolis- Mr. President, I yield the floor back Management Advisory Council [MAC], Saint Paul Airport. I have been in tow- to the Senator from North Dakota. created under the bill to provide over- ers before, but I have not been in very Mr. DORGAN. I will finish in 1 sight for management and policy mat- large towers. I have flown an airplane minute. ters to the FAA Administrator, and to myself and called the tower on ap- Let me say this. The men and women review the overall condition of avia- proach, so I know a little about the in that tower in Minneapolis and Saint tion safety and the extent to which the system. But I went up into the tower at Paul who tonight are working that air dual mission of the FAA undermines Minneapolis-Saint Paul because I was traffic control system, and doing it the safety mission. The MAC has 180 curious how they work on approach with great skill, deserve a Congress days to report back to Congress, in control with airplanes coming in and that does right by them. That means conjunction with the FAA, with its going out, on the ground, in the air, reconnecting the revenue source that is recommendations for necessary dealing with thunderstorms, and it was going to fund the FAA functions in this changes in the mission. really quite remarkable to watch. country. I would have preferred to simply The one thing that was interesting to Senator MCCAIN invited that maybe eliminate the mandate, as I did in the me is they had a very large scope in some of us ought to decide this Con- Snowe-Pressler freestanding bill on the middle of this dark room, a very gress ought not adjourn until it re- this issue, S. 1960. But I understand the large round scope. When they pushed a solves that issue. Well, sign me up, concern that development and safety button on that scope, which covered a count me in. Count me in for maximum issues are closely linked in some cases, map of the United States and part of trouble and minimum time. I want to and a review is necessary in order to Canada on that scope, it would light up find any way possible to deny us from determine the most appropriate dis- with about 4,500 white dots, each of going home and not doing right by the tribution of functions between the FAA which represented an airplane at that people who are running that FAA sys- and other agencies within the Depart- moment aloft being tracked by our sys- tem who are in those control towers to- ment of Transportation. I believe that tem in the FAA. night. this language provides for a process You could point to any one of these We have an obligation. We have a job that will allow Congress to put to rest dots on that giant screen with a com- to do. All of us understand what it is. concerns that the FAA is not focused puter and you could find out instantly We ought to do it. The American peo- on safety. what airplane that was, what its call ple ought to expect that we do it. I am We cannot expect the FAA to regain signal was, what kind of plane it was, pleased with the support by the Sen- the trust of the traveling public while what direction it was heading, how fast ator from Arizona and the support it maintains its dual mission of both it was going, what altitude it was— from the Senator from Kentucky on ensuring their safety while at the same every single plane on that screen. these issues. I hope in the coming cou- time continuing to promote the growth

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10672 CONGRESSIONAL RECORD — SENATE September 17, 1996 of the carriers. The current mission of serves the north central part of South Transport Association; Aircraft Owners and the FAA places it in the untenable po- Carolina, is experiencing difficulties Pilots Association; and the City of Char- sition of being both the chief enforcer with their grant application due to this lotte’s Aviation Department. and the best friend of the airlines—no interpretation. The Rock Hill Airport One of the key recommendations of this plan was the upgrade of capabilities and one should be asked to perform both is a designated reliever airport to the services offered by the reliever airports serv- roles, and no one can be expected to do growing Charlotte/Douglas Inter- ing the Charlotte area. In fact, an estimated both well. national Airport. In 1991, the FAA pub- savings of $5.6 million per year in 1991 dollars The dual mandate places the FAA in lished a Capacity Enhancement Plan was forecast as a result of reducing demand the position of conflict between the for the Charlotte Airport that rec- at the Charlotte/Douglas International Air- American consumer and the airlines. It ommended upgrading the capabilities port generated by general aviation, business has raised questions about the FAA’s at the reliever airports serving Char- and corporate aviation demand. Much of this actions with regard to moving forward lotte. It was estimated that if the Rock demand at the Charlotte/Douglas Inter- national Airport occurs during critical peri- in a timely fashion on the safety rec- Hill Airport were equipped to handle ods of instrument meteorological conditions ommendations made by the National general and corporate aviation during when reliever airports are simply not Transportation Safety Board; and most bad weather, the Charlotte Airport equipped to serve aircraft in these weather importantly, it has raised questions would save $5.6 million per year. conditions. The resultant involuntary move- about whose side the FAA is really on. Mr. President, I ask unanimous con- ment of general aviation, business and cor- As James Burnett, Jr., former Chair- sent that a copy of a letter from Mr. T. porate aircraft from a reliever airport to a man of the National Transportation J. Orr, Aviation Director of the Char- major commercial service airport hub could Safety Board, said ‘‘It’s as if the FAA lotte Airport, that outlines this situa- not come at a worse time or under worse acts to protect the airline rather than conditions. tion be inserted in the CONGRESSIONAL In recognition of these critical capacity, the consumer until they just can’t RECORD at the conclusion of my re- efficiency and safety issues, the Rock Hill- maintain that position any longer.’’ marks. York County Airport, an FAA designated re- I believe that a review of FAA func- The PRESIDING OFFICER. Without liever airport to the Charlotte/Douglas Inter- tions by the MAC, as required under objection, it is so ordered. national Airport, has applied to the FAA my language, and subsequent action by (See Exhibit 1.) Southern Region for approval and funding of Congress on the MAC’s specific rec- Mr. THURMOND. Pursuant to this an AIP project to upgrade its Runway 02 Lo- ommendations for changes necessary report, the Rock Hill-York County Air- calizer to a full Runway 02 ILS by the addi- to ensure that safety remains the focal port applied to the FAA for a $350,000 tion of a glideslope and related improve- ments. The benefits of lowering the approach point of the FAA’s mission, will enable airport improvement grant to install minima to Rock Hill Airport, as a result of us to reassure the American public an instrument landing system [ILS]. these improvements, will accrue a substan- that the FAA is looking out for their However, the FAA will not consider the tial benefit to the Charlotte/Douglas Inter- safety at all times. cost savings to Charlotte in the appli- national Airport as promised in the Char- Mr. THURMOND. Mr. President, I am cation submitted by Rock Hill. Fur- lotte/Douglas International Airport Capacity pleased that included in the amend- ther, they base their decision solely on Enhancement Plan. ment offered by the managers is a pro- the number of flight operations cur- Because of Rock Hill’s willingness to fund vision regarding discretionary Airport rently at Rock Hill. a major portion of this project’s capital, de- Improvement Program [AIP] grants to sign and maintenance costs from non-FAA Mr. President, this puts Rock Hill in funding sources, it appears this is a project reliever airports. This language would dilemma. They cannot demonstrate the of excellent value if the FAA considers its clarify one of the factors that the Fed- required number of operations to sat- overall infrastructure benefits. I strongly en- eral Aviation Administration [FAA] isfy the FAA because they do not have dorse this initiative by Rock Hill and would considers in determining grants from an ILS and they cannot get the re- appreciate your help in assisting Rock Hill the discretionary fund. quired number of operations without in obtaining the necessary project approval The AIP provides grants to airports the ILS. While I believe the FAA is and funding on a priority basis. which help insure the safety of air wrong, it appears that legislation is Thank you for your kind consideration of travel in this Country. Seventy-five this matter. needed to correct this problem. I thank Best personal regards, percent of the money distributed annu- the managers for including language in T.J. ORR, ally from the AIP is allocated to pri- their amendment that will force the Aviation Director. mary and reliever airports from the FAA to examine this situation. Mr. CHAFEE addressed the Chair. discretionary grant fund. In deter- EXHIBIT 1 The PRESIDING OFFICER. The Sen- mining whether to make a grant to im- CHARLOTTE/DOUGLAS ator from Rhode Island. prove an airport, the Secretary of INTERNATIONAL AIRPORT, AMENDMENT NO. 5361 Transportation considers three cri- Charlotte, NC, October 10, 1995. teria: First, the capacity of the na- Ms. CAROLYN BLUM, Mr. CHAFEE. Mr. President, I send tional air transportation system; sec- Regional Administrator, Federal Aviation Ad- an amendment to the desk and ask for ond, the costs and benefits of a project; ministration, Southern Region, College its immediate consideration. and third, the financial commitment to Park, GA. The PRESIDING OFFICER. The DEAR MS. BLUM: The Federal Aviation Ad- clerk will report. be made from sources other than the ministration, airport operators, and the Federal Government. The assistant legislative clerk read users of the national air transportation sys- as follows: Mr. President, language included in tem a few years ago initiated Airport Capac- the amendment offered by the man- ity Design Teams to identify, develop and The Senator from Rhode Island [Mr. agers clarifies the second criteria, the evaluate means of reducing delays at high CHAFEE], for himself and Mr. BAUCUS, pro- costs-benefit analysis. Currently, the activity airports, such as Charlotte. Ancil- poses an amendment numbered 5361. FAA does not consider the cost savings lary benefits based upon implementation of a Mr. CHAFEE. Mr. President, I ask to the primary airport in its analysis number of these recommendations have re- unanimous consent that further read- of improvements to the reliever airport sulted in increased air traffic control system ing of the amendment be dispensed safety and efficiency. with. even though they might be cheaper In April of 1991, the Charlotte/Douglas than expenditures to upgrade the pri- International Airport Capacity Enhance- The PRESIDING OFFICER. Without mary airport. In other words, a small ment Plan, completed by the Charlotte Ca- objection, it is so ordered. investment could be made to upgrade pacity Design Team, was published by the The amendment is as follows: capacity at a reliever airport that Federal Aviation Administration. This plan On page 78, line 12, strike ‘‘and aircraft en- would result in very large cost savings was the result of a two year collaborative ef- gine emissions,’’. at the primary airport. However, this fort by a design team which included rep- On page 78, line 19 through 24, strike all of resentatives from: the FAA System Capacity paragraph (C) and insert the following: does not qualify as a positive cost-to- and Requirements Office; the FAA Technical (C) The Administrator, as the Adminis- benefit comparison under the FAA in- Center, Aviation Capacity Branch; the FAA trator deems appropriate, shall provide for terpretation. Southern Region Air Traffic Division, Air- the participation of a representative of the Mr. President, the Rock Hill-York way Facilities Division, Airport District Of- Environmental Protection Agency on such County Airport, a small facility that fice, and the Charlotte Tower; USAir, Air advisory committees or associated working

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10673 groups that advise the Administrator on has written asking that this provision What our amendment does is say, yes, matters related to the environmental effects be removed from the bill because the there should be more cooperation be- of aircraft and aircraft engines. FAA does not have that expertise. tween the FAA and EPA. The EPA Mr. CHAFEE. Mr. President, this Mr. President, I ask unanimous con- should consult with FAA on these mat- amendment is offered on behalf of my- sent that the letter from Secretary ters. self and Senator BAUCUS. Mr. Presi- Pen˜ a be printed in the RECORD at the Now, Mr. President, let me just say dent, what does this amendment do? conclusion of my remarks. the following: I am deeply disturbed by This amendment would remove a provi- The PRESIDING OFFICER. Without the trend that is taking place in con- sion in the bill which gives the Federal objection, it is so ordered. nection with what I believe to be ill-ad- Aviation Administration, which some- (See exhibit 1.) vised efforts to cut back on environ- times is referred to as the FAA, re- Mr. CHAFEE. Mr. President, I will mental regulation. Here is one industry moves the authority given to the FAA read a portion of this letter addressed attempting to be exempted, then an- under this legislation to regulate air to the Honorable LARRY PRESSLER, other, then another. We have a bill pollution emissions from aircraft en- chairman of the Committee on Com- over in the House of Representatives gines. merce, dated September 12, 1996. Page 2 dealing with immigration. What does it This new authority—this is not au- reads: say? You can build a fence to keep out immigrants and you do not have to pay thority that they currently have; this In consideration of the very significant is brand new authority to the FAA. It budget constraints faced by the FAA, I urge any attention to the Endangered Spe- would duplicate authority which is al- the deletion of the new responsibilities that cies Act. But that is not enough. They ready assigned to the Environmental section 631(a)(1) of S. 1994 entitled, ‘‘Aircraft then go on to say pay no attention to Protection Agency under the Clean Air Engine Standards’’ would impose on the the Endangered Species Act and, in- Act. The amendment that Senator agency. If adopted, this section would vest deed, pay no attention to what is responsibility to set aircraft engine emission BAUCUS has joined me on would encour- known as the National Environmental standards with the FAA. Such responsibility Policy Act. In other words, forgo all age greater cooperation between EPA would not only duplicate the responsibility and FAA in this area, but it would pre- environmental regulations while you and authority already vested with the Envi- are building this fence. Build this fence clude the confusion and waste that ronmental Protection Agency [EPA] under would result from two Federal agencies the Clean Air Act, but would also require the in California between Mexico and the charged to do the same job. That is expenditure of substantial resources to de- United States—oh, no, to build any what this legislation does; it sets up velop a level of expertise requisite to envi- fence anywhere in the United States, one more agency to do exactly the ronmental rulemaking that already exists at dealing with immigration, pay no at- same thing that the EPA does now. EPA. tention to the National Environmental Mr. President, we object to giving What is the third reason that this Policy Act. the FAA this authority for three rea- provision should be stricken? If the Mr. President, this Nation was sons. First, there is no need to dupli- provision in the bill has the effect of blessed in the early 1970’s by a series of great Senators, and we know who they cate the authority that the EPA al- forestalling any EPA regulation of air- are. They are Ed Muskie, Jennings ready has. There is no evidence, Mr. craft engines—which probably is the ef- Randolph, Howard Baker, Bob Stafford, President—no evidence—that EPA has fort here, to get EPA out of this—the who in a bipartisan fashion brought abused this authority or that it has result will not be less regulation or less costly regulation. It will merely mean, forward in this Nation tremendous en- overregulated aircraft engines. The vironmental protection laws, and last time EPA issued regulations for and this is important, more regulation for other sources like small businesses whether you are talking the Clean Air aircraft engines was in 1982. Mr. Presi- Act or the Clean Water Act, the Endan- and automobile owners and manufac- dent, that was 14 years ago. So that is gered Species Act, the creation of the turing facilities. hardly a case of overregulation. Environmental Protection Agency or Airplanes emit hydrocarbons and ox- As a practical matter, Mr. President, the National Environmental Protec- ides of nitrogen into the atmosphere the way this system works is that the tion Act, whatever it is, those were the where they combine with the air pol- world’s three major aircraft engine bills that were brought forward. They lutants admitted by thousands of other manufacturers—there are three in the were brought forward because there sources to form what is known as world, Pratt & Whitney, General Elec- was a need for them. tric, and Rolls Royce—comply with smog. The way the Clean Air Act When the Cuyahoga River in Cleve- emissions standards that are set by an works, States must adopt regulations land caught fire, it caught the atten- international body, sometimes referred reducing pollution from targeted tion of the people in the United to as ICAO. That international body’s sources until a safety level for smog States—something is wrong with the regulations cover more pollutants and pollution is attained. In other words, waters of this Nation. So we embarked are more stringent than EPA regula- the States have this responsibility. If on a $60 billion program over the tions. aircraft engines, the airlines, and air course of the years to clean up dis- So, Mr. President, to instruct two transport companies are not required charges from municipalities, and the separate Federal agencies to issue reg- to reduce their pollution, then some- industries, likewise, complied, because ulations on the same subject is to set body else has to do it. It might be the we had regulations. Now we have clean the stage for confusion and conflict and dry cleaner, it might be a small manu- waters. At that time, one-third of the wasted resources, both public and pri- facturing company, it might be a bak- waters of the United States’ lakes, riv- vate. ery. Somebody has to reduce its, his, or ers and streams were fishable and Second, the FAA is in no position to her, emissions, and will probably have swimmable. Now two-thirds of the regulate aircraft engine emissions as to do more and do it at a higher cost lakes, rivers and streams in the United provided in this legislation. The FAA than if an overall look could be taken States of America are fishable and does not have the expertise to know and seen where it can be done most swimmable, and every year that per- which air pollutants adversely affect economically. That might in certain centage increases. So we have been human health or the environment. The instances pertain to aircraft engines. blessed by these laws. FAA does not know how emissions This provision does not reduce regu- I, Mr. President, find it discouraging from aircraft engines fit into the big- lation. It just shifts the burden to and disappointing that constantly ger picture on air quality problems. somebody else, somebody else who is there is an effort to nibble away at In fact, Mr. President, the Commerce not represented by a high-powered lob- those statutes. Here in this one, to re- Committee has received a letter, dated byist that can send letters saying, move the aircraft engine and the Air just 5 days ago, from Secretary Pen˜ a of ‘‘Take EPA out of this.’’ Transport Association’s aircraft from the Department of Transportation ask- Mr. President, for these reasons, Sen- the restrictions that have been applied, ing that this provision, the provision I ator BAUCUS and I are offering this wisely, by the EPA over many years, am referring to, giving the same pow- amendment to remove the provisions and give it to another agency where ers that the EPA has, giving those to creating duplicative regulatory author- they think they will find a much more the FAA in this bill—Secretary Pen˜ a ity and encouraging more cooperation. sympathetic home.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10674 CONGRESSIONAL RECORD — SENATE September 17, 1996 Therefore, Mr. President, I hope we responsibility to set aircraft engine emission on tonight and there will be a few peo- do not turn our backs on those mag- standards with the FAA. Such responsibility ple who will want to speak against nificent achievements that were made would not only duplicate the responsibility your amendment tomorrow. in the early 1970’s and continued since and authority already vested with the Envi- Mr. CHAFEE. Could I ask this, Mr. ronmental Protection Agency (EPA) under President: Is there a time certain set then, whether it is the control of toxic the Clean Air Act, but would also require the waste and the manner in which we dis- expenditure of substantial resources to de- to vote tomorrow on this measure? pose of them, whether it is what we did velop the level of expertise requisite to envi- Mr. FORD. No. in the Clean Air Act in 1991, all of these ronmental rulemaking that already exists at The PRESIDING OFFICER. There is statutes have been for better health EPA. It is our understanding that the Senate not. There is no time certain set for a and a better America. I, Mr. President, will exempt military aircraft from the over- vote tomorrow on this measure. just hope we will not nip, nip, nip away flight user fee proposed in section 673, and we Mr. CHAFEE. It is my understanding at cutting back on these statutes that do not object to that change. since we have not agreed on anything I urge you to move the legislation to the that there is no time agreement. have meant so much to our Nation and floor and through conference expeditiously the health of our people. Mr. FORD. That is correct. The only so that we can assure that FAA has the tools thing I was attempting to do here—if EXHIBIT 1 and resources necessary to meet its vital re- sponsibilities to the American public. We there are other amendments that come THE SECRETARY OF TRANSPORTATION, up, we will set yours aside. Once that Washington, DC, September 12, 1996. look forward to working with you on this Hon. LARRY PRESSLER, important effort, and thank you for your amendment is taken care of, yours will Chairman, Committee on Commerce, Science and continued support of aviation safety and se- come back as the pending business. Technology, U.S. Senate, Washington, DC. curity programs. That is what I am trying to do, because DEAR MR. CHAIRMAN: I have appreciated Sincerely, there will not be a vote tonight. your past support for the important work FEDERICO PEN˜ A. Mr. CHAFEE. That is fair enough. We that the Federal Aviation Administration Mr. CHAFEE. It is my understanding, will work it out tomorrow. (FAA) does to provide the American trav- Mr. President, that there will be set Mr. FORD. Sure, we will. eling public with safe and efficient air trav- aside tomorrow before we vote, 15 min- Mr. CHAFEE. I am perfectly pre- el. I know you agree that a strong, effective pared, and I want to make sure that FAA is absolutely essential for aviation safe- utes, of which Senator BAUCUS would ty in this country. The safety and security of have 10 minutes and I would have 5 the opponents get whatever time they our air transportation system have always minutes. want. Thank you. enjoyed bipartisan support in Congress. Mr. FORD. If it is all right with the Mr. KYL. Mr. President, I rise to It is because of this shared vision that I Senator, I think I have it cleared with comment on the FAA authorization urge you to enact—before Congress ad- my colleague. I ask unanimous consent bill. Although I recognize the necessity journs—the comprehensive FAA reform and this amendment by the Senator from to authorize certain FAA activities, reauthorization legislation contained in S. Rhode Island, Mr. CHAFEE, be set aside such as the Airport Improvement Pro- 1994. Without the timely enactment of this until tomorrow, and that before the gram [AIP], I am concerned with two legislation, it will be considerably more dif- provisions in the bill. I appreciate the ficult for the FAA to meet the safety de- amendment is voted upon, there be 15 mands of the traveling public. minutes of debate, 5 minutes for the hard work that the managers have put This legislation will reauthorize funding Senator from Rhode Island and 10 min- in on this legislation, and I thank them for critical FAA safety, security, air traffic utes for Senator BAUCUS of Montana. for the opportunity to speak on this modernization, and research programs. It Mr. CHAFEE. Mr. President, that is bill. will also reauthorize the airport develop- fine. I support the reauthorization of FAA ment grant program. In the absence of an ex- The PRESIDING OFFICER. Do I un- activities, believing that the managers tension of the airport grant program, FAA’s have succeeded in funding the AIP pro- ability to fund many important airport derstand the Senator’s request that all the time reserved would be for the pro- gram at the appropriate level. It is im- projects involving capacity, safety, and secu- portant to many airports and travelers rity will end October 1. ponents of the amendment? around the country that Congress fin- S. 1994 also contains critical provisions to Mr. CHAFEE. I am agreeable. ish its work in this area. For example, help ensure a better way to finance the FAA. Mr. FORD. What I am trying to do is in my home State of Arizona, officials These provisions will help to ensure FAA has give them 15 minutes. That does not from the airports in Phoenix, Chandler, adequate resources in the future, but are preclude me or anybody else from tak- also designed to provide appropriate incen- Glendale, Yuma, and Tucson have con- ing time because they get a minimum tives to users of the air traffic control sys- tacted me in support of the AIP pro- of 15 minutes tomorrow. tem and ensure that the air traffic control gram. The FAA has projected that the If I want to oppose the amendment I system is used in the most cost-effective number of passengers in the domestic will oppose it and take 30. manner. A bill that does not contain the aviation system will reach 800 million foundation for meaningful financial reform The PRESIDING OFFICER. Is there annually. The American Association of for the agency will undermine the FAA’s objection? ability to meet the safety and security needs Airport Executives and the Airports Mr. CHAFEE. Whatever time we get, Council International-North America of the traveling public, and lessen public perhaps it would be best if it were confidence in our air transportation system. recently completed a comprehensive Congress has already taken critical steps evenly divided. study on the capital needs of U.S. air- in the past year to provide FAA with needed Mr. FORD. Mr. President, I withdraw ports. The study concluded that the acquisitions and personnel reform. It is im- my request. Nation’s airports have capital needs perative that Congress stay the course on Mr. CHAFEE. I make the request, if around $10 billion annually. So I urge these reforms and not tie FAA up once again I could. I think it is fair that the oppo- my colleagues to support the author- with unnecessary red tape that will impact nents get some time. I am not trying ization of the AIP program. the efficiency of the air traffic control sys- to cut anybody out of time. While I support parts of the bill, I tem and delay air traffic modernization ef- Mr. FORD. Mr. President, we will forts. The most significant step is to pass must comment on two provisions meaningful financial reform since these re- just set this amendment aside and take which I believe Congress must be care- forms will be limited without sufficient re- our best hope tomorrow and go. ful in implementing. First, there is a sources and budget flexibility for the agency. Mr. CHAFEE. And reach a time provision that would set up an inde- The lapse of the Airport and Airway Trust agreement tomorrow? pendent task force to study how FAA Fund taxes this year underscores the need to Mr. FORD. That would be fine. I do activities may be funded for many find a long-term, new funding solution for not know how much time in opposition years. I am concerned that the task the FAA. because I have not had much informa- force may be used to implement a user- In consideration of the very significant tion tonight relating to the opposition budget constraints faced by the FAA, I urge fee system. I ask that the chairman the deletion of the new responsibilities that to your amendment. and the ranking member to work with section 631(a)(1) of S. 1994, entitled ‘‘Aircraft I suspect, since you have offered the the task force to ensure that all areas Engine Standards,’’ would impose on the amendment to take it out of the bill, of aviation are heard. Many in my agency. If adopted, this section would vest that there will be a lot of work going State have expressed concern about

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10675 funding FAA activities with a user-fee The PRESIDING OFFICER. Without evant amendments; Dorgan, transpor- system. I believe it could have a nega- objection, it is so ordered. tation; Exon, relevant; Ford, two rel- tive effect on such local airlines as Mr. FORD. Mr. President, we are evant amendments; Graham, relevant; America West and Southwest. Arizona nearing the witching hour of the unani- Harkin, slots; Heflin, Alabama Airport; is also a State with many citizens who mous-consent agreement on the Hollings, relevant; Inouye, relevant; pilot their own planes, and I am ad- amendments that will be considered to- Kerry, relevant; Moseley-Braun, train vised such a system could harm the morrow. I have proposed to my col- whistle, with Wyden; Reid, state-sup- general aviation industry. I support league that even those amendments ported terrorism; Simon, pensions; the current ticket-tax system and I am that we have included in the managers’ Wyden, train whistle, with Moseley- glad that Congress approved its tem- package be listed, in case there might Braun; Wyden, three relevant amend- porary extension as part of the small be some wording change that might be ments. business tax relief bill. needed. If they are not on the list, That completes the list. My second concern is that the parts therefore, it would be difficult, par- The PRESIDING OFFICER. Is there of the bill that address aviation secu- liamentary wise, for them to be accom- objection? rity will not adequately protect us. I modating. I don’t want any of my col- Mr. FORD. Mr. President, reserving know that it is easy to get caught up in leagues not to have the ability to the right to object, and I will not ob- the apprehensions created in the wake change a word or something like that ject. I would like to make a point here. of the crash of TWA flight 800. We all tomorrow. I don’t think we ought to Many of these amendments are in- want to make aviation a safer means of get into a unanimous-consent agree- cluded in the managers’ amendment to transportation, but we must have the ment on changing. Then we get unani- the bill. This is so that there will be no proper priorities. I believe that any mous-consent agreements for addi- problem tomorrow with our colleagues changes to aviation security should tional amendments. Of course, I would coming in and saying we did not get focus on greater intelligence gathering. like to get them cut off tonight if at all the right language or the right words, If the explosion on TWA flight 800 was possible. they are covered under this situation. a bombing, it was a terrorist attack So we will have at least one more If the managers’ amendments are all not on a particular airline but against amendment that will be offered. Then right, we will strike them off. I think our whole country. We must take we are looking at around 8:15, or some- you will find that about two-thirds of strong and concerted steps as a nation where in that neighborhood, for a these will be gone; at least two-thirds to deal with such heinous attacks. A unanimous-consent agreement on the of the relevants will be gone. So when strong intelligence system is the key finite list of amendments for S. 1994. you get right down to how many here. Recently, the Air Transport Asso- Mr. President, I suggest the absence amendments we will have tomorrow, it ciation made several recommendations of a quorum. will be very few. to the White House Commission on The PRESIDING OFFICER (Mr. I hope we can expedite the passage of Aviation Safety, chaired by Vice Presi- CHAFEE). The clerk will call the roll. this legislation. I wanted my col- dent GORE. I would like to make note The legislative clerk proceeded to leagues to be sure that we are trying to of two of ATA’s recommendations. call the roll. protect them, so that they won’t come First, the association told the Gore Mr. MCCAIN. Mr. President, I ask in here tomorrow and say we have done Commission that there must be an in- unanimous consent that the order for something wrong and words were left crease in the amount of funding avail- the quorum call be rescinded. out. able to develop the software necessary The PRESIDING OFFICER. Without I wanted to be sure that everybody for automated passenger profiling— objection, it is so ordered. understood that. And that is one rea- that is, profiling of suspects who may UNANIMOUS-CONSENT AGREEMENT son that the list is so long because we be traveling the airways. ATA member Mr. MCCAIN. Mr. President, I ask have basically taken care of most of airlines, according to the association, unanimous consent that the following them. are committed to the full implementa- amendments be the only first-degree So I thank my friend for what he is tion of automated passenger profiling amendments in order to the pending attempting to do here. I think it is the through their reservations systems. FAA bill, that they be subject to rel- right thing to do. Second, ATA recommended that the evant second-degree amendments, and Mr. President, I do not object. commission should establish strong, following the disposition of the listed The PRESIDING OFFICER. Is there new inter-agency coordination require- amendment, the bill be advanced to objection? ments to ensure the timely, accurate, third reading, and the Senate imme- Without objection, it is so ordered. and comprehensive communication of diately proceed to Calendar No. 588, the Mr. MCCAIN. Mr. President, I suggest detailed intelligence assessment infor- House companion bill, all after the en- the absence of a quorum. mation necessary to permit the in- acting clause be stricken, and the text The PRESIDING OFFICER. The formed participation of the aviation in- of the Senate bill, as amended, be in- clerk will call the roll. dustry in responding to identified serted, and H.R. 3539 be immediately The legislative clerk proceeded to threats. Mr. President, there will be advanced to third reading. call the roll. many antiterrorist initiatives which I The list is as follows: Mr. LAUTENBERG. Mr. President, I believe will help thwart terrorist at- Pressler, relevant; Lott, relevant; ask unanimous consent that the order tacks, such as more advanced detection McCain, relevant; Inhofe, emergency for the quorum call be rescinded. devices and bomb-sniffing dogs. How- revocation; Warner, PFC; Warner, rap- The PRESIDING OFFICER. Without ever, I believe that our priority must idly growing airports; Santorum, rel- objection, it is so ordered. be to develop ways to enhance the evant; Brown, bidding; Brown, rel- Mr. LAUTENBERG. Mr. President, I tracking of those persons already iden- evant; Roth, aviation trust fund spend- rise because I want to support this leg- tified as a threat to the general public. ing; Roth, task force; Roth, user fees; islation to reauthorize many of the I urge the chairman and ranking Roth, committee consultation; Thur- FAA programs and to do what we can member to make note of my concerns, mond, reliever airport criteria; to improve our Nation’s system of and I thank them for the opportunity D’Amato, relevant; Gorton, relevant; aviation security, a subject I have had to discuss the issues. Burns, medical certificates; Domenici, a longtime interest in. I did serve on Mr. FORD. Mr. President, I suggest three relevant amendments; Helms, the Pan Am 103 Commission that re- the absence of a quorum. airports; Simpson, airport safety; Jef- viewed what took place there and was The PRESIDING OFFICER. The fords, pension audits; Nickles/Lott, one of the authors of the recommenda- clerk will call the roll. pensions; Baucus, FAA aircraft emis- tions that were submitted in 1990. The legislative clerk proceeded to sions standards, with Chafee; Breaux, First, I commend my colleague, my call the roll. relevant; Boxer, cruise ships; Bryan, friend from Kentucky, Senator FORD, Mr. FORD. Mr. President, I ask unan- two relevant amendments; Byrd, one and my colleague, the Senator from imous consent that the order for the relevant amendment; Conrad, two rel- Arizona, Mr. MCCAIN, for their work on quorum call be rescinded. evant amendments; Daschle, two rel- this issue. It is not only a critical

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10676 CONGRESSIONAL RECORD — SENATE September 17, 1996 issue, but the timing certainly is crit- trust fund will run out of money next 103 over Lockerbie, Scotland. After ical in terms of some response that we year. that crash, I helped to create, with have to have to what has been taking To some who may be listening, that President Bush’s encouragement and place. Terrorist threats to our aviation would sound like an abstraction—the that of others here, the President’s system as well as our general living in trust fund runs out of money. But if it Commission on Aviation Security and this country certainly call for a re- does run out of money, and if we are Terrorism. I sponsored the Aviation sponse from this body and from our unable to make the improvements that Improvement Act of 1990, with others, colleagues across the Capitol to try to are required, the public can look for- which was enacted into law. There is do something to improve a system that ward to further delays, to further in- no question that, as a result of the is fundamentally pretty good. As a convenience, and to increased costs work done at that time, that security matter of fact, it is very good. substantially for the improvements we was improved. But the world has I could not have faced, as I have in ultimately must make. We cannot let changed. This latest tragedy has fo- the State of New Jersey, people who that happen. I strongly urge my col- cused renewed national attention on lost loved ones on Pan Am 103 in 1988 leagues, especially those who serve on the terrorist threat to American avia- nor those who lost family members, the Finance Committee, to act before friends, loved ones on TWA 800—I was December 31, when the existing tax will tion and to the American traveler. It is in Long Island shortly after that plane expire, to address this problem. a threat that will continue to increase went down. I was out there a couple of I would like to turn for a moment to in scope and sophistication. No one weeks ago with the Secretary of Trans- the provisions in this legislation that here believes that we are doing all we portation, met with the FBI, people are of particular interest to me and on can to fight the ongoing expanding from the NTSB, people from the Bu- which I have worked fairly extensively, threat of terrorism. It has become, for reau of Alcohol, Tobacco and Firearms. and that is aviation security. us, one of the most difficult situations I could not have faced any of the sur- This legislation does not represent a that we as a free society and other free viving families and said to them, be as- comprehensive aviation security plan. democratic countries face. sured; the system is safe. The fact that However, in conjunction with the ongo- The growth of terrorism is an enor- they lost a son, a daughter, a mother, ing efforts of the Gore Commission and mous threat because, not only is it the a father, a brother, a sister, a child is the Aviation Security Advisory Com- work of madmen who, at times, are enough to say the system is not safe mittee, it will help to tighten aviation willing to give their lives or to rec- enough, that regardless of how efficient security at our airports and on our air- ommend that their sons give their lives the system is, it is not efficient or suf- ways. ficient as we see it in our family’s grief When I say it is not a comprehensive to be martyred in some fashion, but and our family’s emptiness. aviation security plan, I do not want the sophistication of the weapons, And so, Mr. President, it is not sim- any misinterpretation to occur. I do bombs in containers the size of a watch ply, although a critical part of the not want to suggest that my colleagues with the impact of TNT—it is an enor- issue, aviation security, safety overall, who brought this bill to the floor have mous threat and it is a threat that we a necessity to bring the system up to been less than diligent. They have have to work ever harder to contain. the capacity the public currently de- been. They have surmounted enormous No aviation security system is fool- mands. The projected figures of growth obstacles to get the bill to this point proof, we know that. But we also know in aviation travel are almost expo- on this night. The provisions in this that we can do much more to deter the nential in terms of the size of the base; bill are needed to enhance the aviation terrorist threat. over 500 million people a year enplane security system, but by themselves TWA 800, like Pan Am 103, was a to go different places from within the they are not sufficient. They are a sig- wake-up call, and we need to respond States and from the United States to nificant beginning. as quickly as we can. Shortly after the other airports—but to make sure that Two months ago today for us here, an TWA crash, I introduced the Aviation not only can they travel safely but effi- eternity for those who lost family Security Act. My bill, S. 2037, would ciently, with airplanes leaving on time, members on TWA flight 800, it hardly enhance security at domestic airports with the investments in the system seems that enough has happened since by instituting a truly comprehensive being made in a timely and business- that airliner was destroyed and fell security system. The legislation calls like fashion to make certain that the into the waters just south of the Long for tightened security to check bag- taxpayers’ money, the travelers’ taxes Island seashore. Still, at this time, or fees are invested in a way that re- with the most diligent effort, pains- gage, cargo and mail, and increase flects serious interest in getting this taking work, having created a record screening, training and job perform- system up to the capacity that is pres- number of dives into the sea of any ance measures for security personnel ently there and ultimately will be de- Navy mission ever undertaken—over at our airports. My bill also requires manded. 2,000 dives were taken to try to pick up that passenger profiles be undertaken Mr. President, this legislation is es- the remnants of TWA 800 off the sea on a routine basis and that state-of- sential to our Nation’s aviation sys- floor—we still have no conclusive evi- the-art explosive detection devices be tem. Importantly, the bill would ex- dence. installed in those airports that have tend the authorization for the Airport But, regardless of what the cause the greatest security risk. Improvement Program, what we affec- was, we know that we have to do some- To address the needs of families of tionately refer to as the AIP. We will thing to improve the safety of the trav- victims and survivors, the bill estab- make some reference to that. Without eling public, even though, as I said ear- lishes an Office of Family Advocate, an that authorization, critical infrastruc- lier, the system is fundamentally very office that would be responsible for de- ture funding for airports will just not safe. When my children or my grand- veloping standards for informing, sup- be available. At the same time, it is children, the members of my family, porting, and counseling the families of important to emphasize that this au- fly, I send them off with full confidence victims of airline disasters. thorization is not sufficient, as I said that the system is working well. And, earlier, to keep up with our Nation’s Lord grant us, I hope that always Finally, I suggested the increased se- airport needs. proves to be the case. But we can al- curity measures be funded by a fee of In addition to enacting an authoriza- ways make it a notch safer. not more than $4 per round trip ticket, tion bill, the aviation trust fund needs Unfortunately, the definitive proofs a figure that was recommended by to be adequately financed and the ex- may lie yet on the ocean floor. It still those responsible for aviation security penditures to be replenished, and that appears that terrorism is the likely working in the Department of Trans- is going to require either an extension cause of the disaster, but we dare not portation. It was believed that, with of the existing ticket tax, as we heard draw conclusions until the evidence is that investment and other sources of from our colleague from North Dakota clearly at hand. revenue, we could do a lot more to pre- some moments ago, and we heard from The crash of TWA flight 800 reminded serve the safety of our airplanes and to the two managers of the bill, or some me of a similar tragedy almost 8 years deter the threat of a terrorist attack. I other financing mechanism. Otherwise, ago. I have exceptionally vivid memo- am pleased that many of the ideas con- even if the bill before us is enacted, the ries of the downing of Pan Am flight tained in my legislation have already

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10677 been adopted by the administration Gore Commission recommended a pilot morrow. If we cannot get these amend- and are included in recommended rules program to ensure that checked bag- ments resolved and taken care of with- and regulations. Shortly after the TWA gage is matched with passengers who in an hour or so, the bill will be pulled. crash, President Clinton established actually board the plane. We will need I think that would be a terrible thing the White House Commission on Avia- to know the results of these initiatives to happen, given the absolute urgency tion Safety and Security. That com- so Congress can evaluate the need to do of this legislation, not only funding the mission, now known as the Gore Com- more. aviation system but many of the issues mission, worked with the already-es- One thing we do know. The Nation’s that the Senator from New Jersey pro- tablished Aviation Security Advisory aviation system is in need of change, in pounded. Committee to develop a plan to meet need of improvement. We have waited So we are trying to get the amend- the challenges posed by the prolifera- too long to implement the reforms. ments disposed of as quickly as pos- tion of terrorist groups. This legislation makes an important sible, and after 11 tomorrow, when all The Gore Commission issued its rec- contribution to that effort. amendments are going to need to be ommendations last week, and the Mr. President, our work cannot stop filed, if the unanimous consent request President moved immediately to im- there. We need to ensure that all prom- is agreed to, we do not anticipate being plement them. They are a good first ised reforms are appropriately imple- on the bill more than an hour or so. step toward strengthening aviation se- mented and in the spirit in which they Mr. SIMON. I would like to accom- curity. The bill before us includes were intended. modate the Senator from Arizona. So many of the commission’s rec- So I express my appreciation, once your preference would be that I go ommendations. I am pleased that the again, to Senator HOLLINGS, Senator ahead with this amendment this legislation was worked out in a cooper- FORD, Senator PRESSLER, Senator evening? ative, positive, bipartisan manner, and MCCAIN, and Senator HUTCHISON for Mr. McCAIN. That would be my pref- that is as it should be when it comes to their cooperation on this legislation. erence. something as important as keeping our I also thank the many aviation secu- Mr. SIMON. I have no objection. airlines and our people safe. rity advocates, the families of the vic- Mr. McCAIN. If the Senator from Illi- This bill directs the FAA to begin de- tims of airline disasters, airports, air nois would show his usual courtesy ploying state-of-the-art explosive de- carriers and many others to implement which he is known for throughout this tection devices, ensuring that the fly- sound and secure reforms. body, I would very much appreciate it. ing public is protected by the most It is obvious, Mr. President, this leg- The PRESIDING OFFICER. Is there technologically advanced system. It islation will not solve all of our prob- objection? also requires that personnel who oper- lems. However, as I earlier mentioned, Mr. WARNER addressed the Chair. ate security screeners be subjected to this is an important step that will The PRESIDING OFFICER. The Sen- background checks, as are most other make our skies safer for the public, ator from Virginia. airport security employees. It requires make a meaningful contribution in our Mr. WARNER. Mr. President, would that the NTSB and the FAA begin de- battle against terrorism, and will indi- it be in order for the managers to re- veloping a ‘‘right to know’’ program cate to the public that the U.S. Gov- ceive the amendment of the Senator which would let consumers know about ernment is interested in what I will from Virginia? the airlines’ accident and safety call their plight, their concerns, their Mr. MCCAIN. All amendments listed records. The bill also directs the FAA anxiety. We have to put those to rest, must be filed. to continue working with the airlines and the best way to do it is to do some- Mr. WARNER. That is correct. I am in developing programs identifying thing about it, as we are with the bill prepared briefly to handle two amend- high-risk passengers and high-risk des- before us. ments, I say to my distinguished col- tinations. Mr. McCAIN addressed the Chair. league. In addition, this legislation recog- The PRESIDING OFFICER. The Sen- Mr. MCCAIN. I say to the Senator nizes that aviation security needs are ator from Arizona. from Virginia, I appreciate that, but constantly evolving. The best laid Mr. McCAIN. Mr. President, I thank that would not affect this unanimous- plans are worthless if they are not im- the Senator from New Jersey, Senator consent agreement. plemented in a timely fashion and LAUTENBERG, for his work on this bill, Mr. WARNER. I did not mean to in- monitored regularly. The bill requires along with Senator HUTCHISON. He is terrupt. I did not realize we had not that each airport and each air carrier one who is very knowledgeable on avia- achieved it. conduct vulnerability assessments on tion issues and has been involved for Mr. FORD. Reserving the right to ob- their own, or comprehensive self-audits many years. ject, Mr. President, I regret I have to of their entire security systems. These I express the appreciation of all of us do this. We have a call in, in fact two assessments will enable both the air- who have been involved in this legisla- of them. I will have to object to the port and the air carriers to know their tion for Senator LAUTENBERG and the unanimous-consent request at this own systems and their weaknesses and efforts he made which dramatically im- time, and I will have to get on the will encourage them to make the need- proved this legislation. phone to see if I can straighten this ed changes over time. Mr. President, I ask unanimous con- out. Because terrorists look for cracks in sent that all relevant amendments be Mr. MCCAIN. Very briefly, I ask my the security systems, the bill would re- filed by 11 o’clock tomorrow morning. colleagues, especially the objections quire the FAA to stay one step ahead The PRESIDING OFFICER. Is there that just came in, I do not believe that by finding those breaches first. Under objection? it is unreasonable to ask the amend- the bill, the FAA could conduct peri- Mr. SIMON. Reserving the right to ments be filed by 11 o’clock tomorrow. odic, unannounced, and sometimes object. I hope that we can resolve those objec- anonymous tests of airport and air car- The PRESIDING OFFICER. The Sen- tions. It is agreed to on both sides that riers’ security systems. This would ator from Illinois. we need to get this legislation passed. keep the airports and air carriers on Mr. SIMON. Mr. President, just so I I hope that the Senator from Kentucky their toes and provide the oversight understand the procedure, does that can use his usual powers of persuasion needed. mean we will not go through the and get this resolved so that I can pro- Both of these provisions were ad- amendments this evening necessarily? pound, again, this unanimous-consent dressed in the bill I introduced in Au- Mr. McCAIN. We will try to dispense request, and we can get it accom- gust. Other provisions of the bill re- of as many amendments as we can this plished tonight. Until such time as quire the administration to issue re- evening. What I was going to say, after that, I yield the floor. ports to Congress on their implementa- gaining a unanimous-consent agree- Mr. WARNER addressed the Chair. tion of a number of the Gore Commis- ment, is that the majority leader and The PRESIDING OFFICER. The Sen- sion’s recommendations. For example, the Democratic leader have said that ator from Virginia. the President ordered heightened secu- they won’t spend more than an hour or Mr. WARNER. Mr. President, I thank rity measures for air cargo, and the so additional time after 11 o’clock to- the distinguished Senator from Arizona

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10678 CONGRESSIONAL RECORD — SENATE September 17, 1996 and the Senator from Kentucky. I will of that—the date when construction of There is a second amendment pending. proceed with two amendments. I have an otherwise eligible PFC project was I urge its adoption. I presume it is ac- discussed this with the managers, and begun and should not adversely affect ceptable to the managers. we are prepared to handle both. Before any other airport in the United States. The PRESIDING OFFICER. Is there doing so, I noted that our distinguished I have discussed this with the man- further debate? If not, without objec- colleague from Arizona recognized the agers, and I rely on the judgment of tion, the amendment is agreed to. Senator from Illinois and made specific both managers that this matter will be The amendment (No. 5363) was agreed mention of his reputation in the Sen- addressed with fairness and objectivity to. ate for courtesy. We shall dearly miss in the conference. And at the specific Mr. WARNER. Mr. President, I move him when he departs because, indeed, request of the managers, and to accom- to reconsider the vote by which the he is an example of senatorial cour- modate this with the understanding amendment was agreed to. tesy. this will be addressed in conference, Mr. McCAIN. I move to lay that mo- Mr. President, I ask at this time that tion on the table. AMENDMENT NO. 5362 The motion to lay on the table was the amendment be withdrawn. (Purpose: To provide for the use of passenger agreed to. facility fees for a debt financing project) The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I would Mr. WARNER. Mr. President, I send objection, it is so ordered. like to engage the Senate for just a few The amendment (No. 5362) was with- to the desk an amendment and ask for more minutes with regard to a second its immediate consideration. drawn. matter. The PRESIDING OFFICER. The AMENDMENT NO. 5363 Mr. President, I have been involved clerk will report. (Purpose: To provide for additional consider- for many years in seeking to devise a The legislative clerk read as follows: ations for the selection of projects for legislative solution to the constitu- grants from the discretionary fund) The Senator from Virginia [Mr. WARNER] tional issues that exist due to the deci- proposes an amendment numbered 5362. Mr. WARNER. Mr. President, I send a sions of the Congressional Board of Re- second amendment to the desk and ask Mr. WARNER. Mr. President, I ask view, as that board has jurisdiction for its immediate consideration. unanimous consent that the reading of over Dulles and National airports. The PRESIDING OFFICER. The the amendment be dispensed with. Mr. President, the Senate may recall clerk will report. The PRESIDING OFFICER. Without that many years ago I introduced a The legislative clerk read as follows: objection, it is so ordered. bill, together with my then-colleague The amendment is as follows: The Senator from Virginia [Mr. WARNER] from Virginia, Senator Trible, by proposes an amendment numbered 5363. On page 8, strike lines 14 through 17 and in- which these airports became subject to sert the following: Mr. WARNER. Mr. President, I ask this particular board of review. It en- paragraph (D); and unanimous consent that the reading of abled these airports then to begin to ‘‘(B) by striking subparagraph (F) and in- the amendment be dispensed with. proceed to get the needed dollars and serting the following: The PRESIDING OFFICER. Without financing to modernize both Dulles ‘‘ ‘(F) for debt financing of a terminal de- objection, it is so ordered. International and Washington National velopment project that, on an annual basis, The amendment is as follows: Airports. has a total number of enplanements that is This amendment, S. 1994, the Federal less than or equal to 0.05 percent of the total On page 10, line 23, strike ‘‘(4)’’ and insert enplanements in the United States if— ‘‘(5)’’. Aviation Reauthorization Act of 1996, ‘‘ ‘(i) construction for the project com- On page 11, line 4, strike ‘‘and’;’’. which is almost identical to S. 288, as menced during the period beginning on No- On page 11, between lines 4 and 5, insert reported out of the Senate Committee vember 6, 1988, and ending on November 4, the following: on Commerce, Science, and Transpor- 1990; and ‘‘(4) any increase in the number of pas- tation, provides a necessary cure to a senger boardings in the preceding 12-month ‘‘ ‘(ii) the eligible agency certifies that no constitutional deficiency, as defined by other eligible airport project that affects air- period at the airport at which the project will be carried out, with priority consider- the Federal courts, in the structure of port safety, security, or capacity will be de- the Airports Authority. The Airports ferred as a result of the debt financing.’’’. ation to be given to projects at airports at which, during that period, the number of Authority is involved in the operations Mr. WARNER. Mr. President, I rise passenger boardings was 20 percent or great- and improvements of our two airports today in support of a provision con- er than the number of such boardings during that serve the Nation’s Capital and the tained in the House-passed Federal the 12-month period preceding that period; Washington region, again, Washington Aviation Administration Reauthoriza- and;’’ National and Washington Dulles Inter- tion Act which would make a very nar- Mr. WARNER. Mr. President, I fur- national. row change, referred to as a PFC; that ther thank my colleagues for the inclu- In April 1994, the Court of Appeals for is passenger facility charge. This is a sion of this amendment for high- the District of Columbia Circuit found measure put in the House legislation growth airports. These are the com- that the Board of Review, made up of by my distinguished colleague and per- mercial airports which logically would current and former Senators and Mem- sonal friend, Congressman BLILEY. Con- be experiencing infrastructure and fa- bers of Congress, violated constitu- gressman BLILEY, as we know, is chair- cilities problems as a result of their tional separation of powers principles. man of the House Committee on Com- rapid growth, making the adoption of This was the second time the Federal merce. I join him in this effort. this amendment, I think, in the inter- courts struck down the Board of Re- This provision would allow a nonhub est of all parties. view, which was designed to represent airport in my State, Charlottesville— At this time, I urge the adoption. users of the airports and to preserve that is Albemarle—to be eligible to use Mr. McCAIN. Mr. President, the man- some Federal control over them. its own PFC passenger facility charge agers of the bill—and I have discussed The Court of Appeals stayed its deci- authority for debt service associated this with Senator FORD—have no objec- sion until the Supreme Court had time with its passenger terminal project. tion and we appreciate, by the way, to consider the issue. The Supreme They just completed a very fine mod- Senator WARNER’s agreement to with- Court decided not to hear the case in ernization program. draw his previous amendment, given January, and the stay expired March The FAA’s PFC regulations have al- the fact that it would have been some- 31, 1995. ways allowed eligible projects to be re- what controversial. I do assure him At this juncture, all Congress is re- financed with PFC dollars after—after, that proposal of his will be treated quired to do to keep the airports in op- Mr. President—they have been com- with utmost concern and scrutiny in eration is to pass this legislation. Such pleted, provided only that the notice to the conference. continued uninterrupted operations are proceed with construction was given We have no objection to the amend- essential to the travel requirements of after November 5, 1990. These are high- ment, Mr. President, and I yield the Members of Congress as well as all peo- ly technical provisions. floor. ple in the greater metropolitan Wash- The House bill has the Bliley provi- Mr. WARNER. Mr. President, if I ington area. It is essential to the econ- sion which relates only to the date— might ask my colleague, I thank him omy of this area, Mr. President; and, and I urge my colleagues to take note very much for the first amendment. therefore, I am pleased to submit this.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10679 We are at a point in the current and formula to protect small airports if S. 1994 also will help promote and projected operations of Washington Na- AIP funds decline. maintain some of our smallest airports tional Airport and Washington Dulles Mr. President, this bill also requires which are critical to adequate air serv- International Airport whereby if we do a study be prepared on air fares to ice in small cities. The AIP program not act promptly, the Airports Author- rural and small communities. The has been under significant budget pres- ity board of directors will lose its price of flying to and from some of sure. The amount of AIP appropria- power to take basic critical actions, in- these small airports are just astro- tions have fallen significantly since cluding, most importantly, Mr. Presi- nomically high. For example, if you 1992, and our small airports have shoul- dent, the ability to award contracts, travel from Rapid City to Denver, and dered the unfair, disproportionate bur- issue more bonds—that is the financing then go on to your destination, your den of these budget cuts. Since AIP structure—amend its regulations, flight from Rapid City to Denver may funds are often the only source of fund- change its master plans or adopt an an- be the most expensive part of your trip. ing for repairs and safety improve- nual budget. In other words, it really is Throughout my State I hear com- ments at small airports, our small air- brought to an end in its operations. plaints about the cost of airline travel. ports have suffered significantly as a And this is not the intention of the In some cases, it can cost as much to result. Congress. get to the hub airport as it does to fly I am pleased that this bill will cor- For this reason, I find it necessary to from the hub to London. I believe this rect this problem. We worked long and offer this amendment today, despite study will be very helpful in assisting hard on this formula. The bill ensures my own personal objections—I must Congress in its understanding of what that if AIP funding declines, our small say on behalf of myself and my distin- is going on with the cost of air travel airports will be protected and will con- guished Governor, George Allen—to the to and from small communities. tinue to receive their historic share of addition of two new Federal appointees This bill will also improve aviation AIP funds. This is good policy. It is fair to the Metropolitan Washington Air- security in our small cities without un- policy. And it is very important to ports Authority to keep our Wash- fairly imposing burdens and expensive small city air service. ington National and Dulles Inter- requirements on small airports and In addition to expanding the EAS national operational and functional. small airlines. program, and protecting the AIP fund- Mr. President, I thank my colleagues Let me briefly address each of these ing of our small airports, S. 1994 will for the inclusion, and acceptance by benefits for small community air serv- require a study of air fares to small the managers, of this amendment in S. ice. communities. This is very welcome 1994, the pending measure. Mr. Presi- In 1978, Congress recognized that all news for South Dakotans and other small city passengers who unfairly pay dent, I thank again the managers, and cities would not participate equally in exorbitant air fares. We need more air yield the floor. the benefits of airline deregulation. In service competition in small city air Mr. PRESSLER addressed the Chair. fact, Congress realized some of our The PRESIDING OFFICER. The Sen- smallest cities might lose air service markets. Hopefully, in addition to ator from South Dakota. altogether. To address this threat, Con- highlighting the extent of the high air Mr. PRESSLER. Mr. President, I gress wisely put in place the EAS pro- fare problems in small communities, would like to make a few comments on gram to ensure our smallest cities this study will offer new insights on this piece of legislation, the Federal would continue to have air service. how air service competition in small Aviation Administration Reauthoriza- Without such service, communities communities can be enhanced. Finally, S. 1994 resisted the tempta- tion Act of 1996, which I introduced. I such as Brookings, Mitchell, and tion to impose expensive security believe it represents a solid legislative Yankton in my home State, would be measures on our small airports and accomplishment for this Congress and virtually cut off from the national air small communities. In contrast, the for air service to small cities, such as service network. It is very important to these smaller House recently passed a provision those located in my home State of based on the erroneous premise that towns that they be a part of the na- South Dakota. one size fits all in aviation security. This bill, which I commend the lead- tional air service network. With air The Senate, however, correctly recog- service as well as telecommunications ership on both sides of the aisle for who nized there are thoughtful ways to en- capability, small communities can have worked on it, must pass the Con- sure travelers to and from small cities grow and be dynamic contributors to gress before the end of this session. have the same level of safety and secu- our national economy. In fact, with the Otherwise, we will not be able to pro- rity without imposing the identical, advances in telecommunications, vide Airport Improvement Program expensive security measures required smaller cities are now on an equal foot- [AIP] grants to our airports across the for international airlines and major ing with bigger cities in terms of at- country. hub airports. The bill will more than double the tracting industry. Small hospitals can A one size fits all approach to avia- size of the Essential Air Service [EAS] do as sophisticated procedures as big tion security undoubtedly would lead program to $50 million per year. That hospitals by using telecommuni- to a further deterioration of small city will directly help cities, such as cations; and smaller universities can air service. I am pleased S. 1994 will im- Yankton, Mitchell, and Brookings in share in research projects with larger prove aviation security for small city my State. The EAS program was the universities. Telecommunications ca- travelers without having the unin- result of an agreement when we de- pability alone, however, is not enough. tended consequence of driving air serv- regulated the airline industry and Con- It is critical that small cities also have ice out of some of our smaller cities. gress wanted to ensure our smaller cit- reliable and affordable air service. And Mr. President, let me make some ad- ies did not lose air service altogether. that is what this is all about. Make no ditional general observations about air It also will protect small airports and mistake about it, the EAS program— service. Somehow all this gets tied to- the way AIP funds are allocated. Let us since it ensures air service to our gether. remember that we depend heavily on smallest and most underserved cities— We have on the international front our major airport hubs, but we also de- is absolutely critical to the economic this past year had great struggles in pend on a lot of smaller cities to feed vitality of many small communities. helping our major airlines fly beyond passengers into those hubs to make our Mr. President, I am delighted that Tokyo by ensuring the Government of national air system work. And it is not this bill, S. 1994, will more than double Japan recognizes their beyond rights. just in South Dakota, it is also in Cali- the size of the EAS program. The $50 Similarly, our major carriers continue fornia—Fresno or Sacramento—or up- million EAS program this bill would to be blocked out of serving London’s state New York. create will safeguard air service in Heathrow Airport and points beyond We must remember that small cities some small communities and permit an the United Kingdom. We did, however, such as Aberdeen, South Dakota, which expansion of flights in others. It is a secure a truly historic open skies recently received a grant to repair its solid legislative accomplishment for agreement with Germany which is main runway, and others depend heav- economic development in numerous great news for the United States econ- ily on AIP funds. This bill has a fairer small communities. omy and our carriers. The United

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10680 CONGRESSIONAL RECORD — SENATE September 17, 1996 States/German open skies agreement problems between Sioux Falls and timony from the National Transpor- will put competitive pressure on the Rapid City where I would like help, and tation Safety Board, and its Chairman United Kingdom and France and ulti- I have problems between Huron and Jim Hall, who is doing an outstanding mately should help to force both coun- Denver and problems between Yankton job. tries to agree to open skies accords in and Minneapolis,’’ and so forth. The The point I am making is that all the future. We must continue to put more successful our carriers are in lu- these problems of aviation —inter- competitive pressure on the British crative international markets, the bet- national, national, and local—tie to- and the French by fully utilizing our ter able they are to serve less profit- gether. We have a very challenging sit- liberalized aviation agreement with able small city air service markets. uation to meet the aviation needs of Germany. The international picture is tied into our country both locally, nationally Let me underscore my great concern the local picture in our country. and internationally. This bill before with the current impasse in our avia- As far as the national air service pic- the Senate which reauthorizes the FAA tion relations with Japan. The Japa- ture in this country is concerned, we is a step forward. It is a good bill. It nese continue to wrongly block our have only built one new airport since has been worked out carefully and in a carriers from serving the United 1974—Denver International Airport. bipartisan manner. It is a key part of States/Asia air service market via Even that airport is struggling to com- that big picture that I covered so brief- Japan. This continues to be a signifi- plete all of its planned runways. Capac- ly here. I am proud to have worked cant problem for Jerry Greenwald of ity in many airports is nearly full. Re- with Senators MCCAIN, FORD, STEVENS United Airlines and Fred Smith of Fed- grettably, a lack of airport capacity is and many others. I am glad to enthu- eral Express. It also is a major problem a barrier to entry for new airlines. siastically support this bill and urge for Northwest Airlines, the largest car- There are only so many slots and so my colleagues to do so as well. rier in South Dakota. I have led efforts many gates at our airports. Chicago I yield the floor. by the Commerce Committee to help has tried to build a new airport but be- AMENDMENT NO. 5364 correct this totally unacceptable situa- cause of environmental concerns, (Purpose: To amend the Employee Retire- tion. Along with my colleagues, we neighborhood concerns, and noise con- ment Income Security Act of 1974 with re- have sent letters to the President urg- cerns it has almost given up. Min- spect to the auditing of employee benefit ing that the Administration stand firm neapolis-St. Paul thought about build- plans) in our aviation dispute with the Japa- ing a new airport but got so much local Mr. SIMON. Mr. President, I offer an nese and accept nothing less than fair resistance that they have given up. amendment on behalf of Senator JEF- treatment for our carriers in the area The point is our airports are crowd- FORDS and myself. of aviation trade. ed. They are pressing up against their The PRESIDING OFFICER. The I intend to continue pressing for fair capacity. It is true advanced air traffic clerk will report. aviation trade with the Japanese. The control technology will help move The legislative clerk read as follows: United States/Asia air service market, commercial airliners more efficiently The Senator from Illinois [Mr. SIMON] for as well as the intra-Asian air service from point to point. However, airplanes himself and Mr. JEFFORDS proposes an amendment numbered 5364. market, is far too valuable to concede need adequate runway capacity. Also, to Japanese carriers. It is vitally im- airplanes need adequate access to Mr. SIMON. Mr. President, I ask portant to our balance of trade that gates. Without either, the benefit of air unanimous consent reading of the our airlines can use Japanese airports traffic control improvements will be amendment be dispensed with. The PRESIDING OFFICER. Without to serve countries throughout Asia lessened. The point is we have to make objection, it is so ordered. such as China, Indonesia and Malaysia. some decisions in our country about The amendment is as follows: Make no mistake about it, inter- building infrastructure or we will have At the appropriate place in the bill, insert national aviation is an important com- our airlines in a stalemate and not the following new section: ponent of U.S. trade. Our negotiators being able to expand. Significantly, SEC. . PROVISIONS RELATING TO LIMITED must continue to treat it as nothing newer competitive entrants will be SCOPE AUDIT. less. It is completely unacceptable that blocked out of markets and consumers (a) IN GENERAL.—Subparagraph (C) of sec- our carriers, both passenger and cargo, will be deprived of the benefits vig- tion 103(a)(3) of the Employee Retirement In- continue to be blocked out of lucrative orous air service competition brings. come Security Act of 1974 (29 U.S.C. air service markets beyond Japan and Our airport capacity challenges are 1023(a)(3)(C)) is amended by adding at the end the following new clause: the United Kingdom by unfair trade not going to go away. In fact, they ‘‘(ii) If an accountant is offering his opin- practices. clearly will escalate as more and more ion under this section in the case of an em- Even when our large airlines are op- people fly. Currently, more than 1.5 ployee pension benefit plan, the accountant erating thousands of miles away from million people board commercial air- shall, to the extent consistent with generally the United States, their ability to suc- planes in the United States each and accepted auditing standards, rely on the cessfully compete abroad has an indi- every day. Within the next four years, work of any independent public accountant rect impact on their financial ability the number of daily boardings is fore- of any bank or similar institution or insur- to serve some domestic markets. In cast to climb to almost 2 million. We ance carrier regulated and supervised and subject to periodic investigation by a State fact, large and small airlines work syn- cannot ignore our airport infrastruc- or Federal agency that holds assets or proc- ergistically to provide air service ture challenges. We should meet our esses transactions of the employee pension through code-sharing agreements. For long-term transportation infrastruc- benefit plan.’’ instance, I have had an excellent expe- ture challenges head-on. (b) CONFORMING AMENDMENTS.— rience with Doug Voss of Great Lakes Airport capacity is but one of many (1) Section 103(a)(3)(A) of such Act (29 Aviation which is a key regional car- challenges. Aviation is another criti- U.S.C. 1023(a)(3)(A)) is amended by striking cally important challenge. Our people ‘‘subparagraph (C)’’ and inserting ‘‘subpara- rier in my home state of South Dakota. graph (C)(i)’’. Great Lakes operates as United Ex- expect the finest aviation safety sys- (2) Section 103(a)(3)(C) of such Act (29 press in South Dakota and the success tem in the world. I am committed to U.S.C. 1023(a)(3)(C)) is amended by striking of United abroad has a bearing on the working to ensure our travelling public ‘‘(C) The’’ and inserting ‘‘(C)(i) In the case of service United Express can provide in receives nothing less than that. Cur- an employee benefit plan other than an em- small city air service markets such as rently, I serve as a representative to ployee pension benefit plan, the’’. the route between Sioux Falls and the Gore Commission on Aviation Safe- (c) EFFECTIVE DATE.—The amendments ty and Security. As Chairman of the made by this section shall apply with respect Rapid City in my state. to opinions required under section I have had discussions with airline Commerce Committee, I have held nu- 103(a)(3)(A) of the Employee Retirement In- executives where they say, ‘‘Senator merous safety oversight hearings this come Security Act of 1974 for plan years be- PRESSLER, as chairman of the Com- Congress. In fact, we held a closed ginning on or after January 1 of the calendar merce Committee, can you help us gain hearing on aviation security just this year following the date of the enactment of access to Heathrow or assist us with morning which included FAA Adminis- this Act. our beyond Tokyo problem?’’ And I trator David Hinson. In the past, on Mr. SIMON. It will be a great dis- say, ‘‘Yes, I will try to help but I have numerous occasions we have heard tes- appointment but I will only speak

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10681 about 5 minutes on this amendment. I Mr. McCAIN. Mr. President, at this MORNING BUSINESS offer this amendment on behalf of Sen- time, I ask unanimous consent that all Mr. McCAIN. Mr. President, I ask ator JEFFORDS and myself, an amend- amendments that are on the list sub- unanimous consent that there now be a ment that does not have anything to do mitted earlier under a unanimous-con- period for the transaction of morning with aviation, but we need a vehicle on sent agreement be filed by 11 o’clock business with Senators permitted to a bill that is eminently sound and is tomorrow. speak therein for up to 5 minutes each. really needed. Mr. President, before you rule on The PRESIDING OFFICER. Without Mr. President, we have right now $3 that, I want to point out that that does objection, it is so ordered. trillion worth of pension funds that are not preclude extended debate. There f backed by ERISA. Of those $3 trillion, are no time limits involved in that. It better than $2 billion, almost $2.1 bil- simply requires that the amendments HONORING THE EKENS ON THEIR lion, are adequately audited. on the list be filed by the hour of 11 50TH WEDDING ANNIVERSARY The GAO and the inspector general of a.m. tomorrow morning. Mr. ASHCROFT. Madam President, the Department of Labor say that we The PRESIDING OFFICER. Without families are the cornerstone of Amer- should do away with what is called the objection, it is so ordered. ica. The data are undeniable: Individ- Mr. McCAIN. Mr. President, again, I limited scope audit. Now, what is a uals from strong families contribute to remind my colleagues that there are limited scope audit? A limited scope the society. In an era when nearly half still a number of these amendments on audit permits a bank or an insurance of all couples married today will see the list. I believe that a large number company simply to sign a statement to their union dissolve into divorce, I be- of them have been taken care of in the a pension fund, saying we have $300 lieve it is both instructive and impor- managers’ amendment. But both the million in assets, period. This bill does tant to honor those who have taken the majority leader and the Democratic away with that because we have $950 commitment of till death do us part se- leader have stated that we won’t stay billion worth of taxpayer funds at risk riously, demonstrating successfully the if we do not modify this. That is what on this bill more than an hour or so in order to dispense with it and get final timeless principles of love, honor, and GAO tells us and this bill is what GAO fidelity. These characteristics make has recommended. passage. I want to also thank, again, my dear our country strong. Let me just add, this does not require friend from Kentucky for all of his help For these important reasons, I rise the pension fund to go in an audit. I as- tonight, and, hopefully, he and I will be today to honor Truman and Dorothy sume a bank or an insurance company able to conclude this legislation tomor- Eken of Sedalia, MO, who on August 25, will have their own auditor. This sim- row at a very early time. 1996 celebrated their 50th wedding anni- ply says we need an audit report, not Mr. FORD. Mr. President, I am glad versary. My wife, Janet, and I look for- simply a one-line statement saying to cooperate with my friend in getting ward to the day we can celebrate a that they have so many million dollars any kind of objections to his unani- similar milestone. Truman and in assets. mous-consent agreement worked out. I Dorothy’s commitment to the prin- Let me just read one section here: ‘‘If think we are at a position where, if we ciples and values of their marriage de- an accountant is offering his opinion just sit down and be reasonable tomor- serves to be saluted and recognized. under this section in the case of an em- row, we can move very quickly. I hope f ployee pension benefit plan, the ac- that the majority leader will not enter- THE VERY BAD DEBT BOXSCORE countant shall, to the extent con- tain the notion to pull this bill down if sistent with generally accepted audit- we can’t finish it in an hour or so to- Mr. HELMS. Mr. President, at the ing standards, rely on the work of any morrow. I think there is too much in close of business yesterday, Monday, independent public accountant of any this bill, and we have worked too hard September 16, the Federal debt stood at bank or similar institution or insur- and come too far for that even to be $5,217,327,143,659.08. ance carrier regulated and supervised considered. Five years ago, September 16, 1991, and subject to periodic’’—and so forth. I hope that we can go ahead and the Federal debt stood at So we permit those institutions to move this bill and move it expedi- $3,624,324,000,000. use their own audits. tiously, and that we are not in a posi- Ten years ago, September 16, 1986, I was stunned, frankly, when I heard tion where we have to do it in an hour the Federal debt stood at that we do not have adequate auditing or hour and a half or 2 hours. On the $2,106,332,000,000. on $950 billion worth of employee pen- other hand, I think as amendments are Fifteen years ago, September 16, 1981, sion funds. That is what this takes care offered we should attempt to try to the Federal debt stood at of. The accounting profession is for it. limit each of those amendments by $981,709,000,000. People who have examined this are as- some time agreement as it relates to Twenty-five years ago, September 16, tounded that we have not done it be- the amendment being considered at the 1971, the Federal debt stood at fore. I understand the reluctance on time. Or we might work our list. We $415,132,000,000. This reflects an in- the part of the Senator from Arizona to could work our list tomorrow and see crease of more than $4 trillion take an amendment that has nothing how much time would be needed by ($4,802,195,143,659.08) during the 25 years to do with aviation. But if we are going each presenter, and maybe we could from 1971 to 1996. to protect the taxpayers on this—and I have a time agreement or a UC early f know my friend from South Dakota, tomorrow. TRIBUTE TO SENATOR HANK the Presiding Officer, wants to protect I will attempt to look at these BROWN the taxpayers, the Senator from Ken- amendments and see if there is a time tucky does, and all of us do—this is a agreement. I am going to call some of Mr. HEFLIN. Mr. President, our chance to do it. the Senators and say, ‘‘Your amend- friend and colleague from Colorado, I hope that this will be accepted ment is in the managers’ amendment. Senator HANK BROWN, will be leaving when we vote tomorrow. There was nothing wrong with it, so at the end of the 104th Congress after Mr. President, unless anyone has any your name gets scratched.’’ So I am only one term in the Senate. But, he questions or anyone seeks the floor, I going to proceed on that basis and at- will nevertheless leave a lasting legacy suggest the absence of a quorum. tempt to help my friend and see if we of accomplishment that matches that The PRESIDING OFFICER. The can’t secure some time agreements of others who have served here for far clerk will call the roll. prior to 11 o’clock tomorrow. longer periods. I have had the pleasure The legislative clerk proceeded to Mr. McCAIN. I thank my friend. Mr. of serving with HANK on the Judiciary call the roll. President, just to clarify, there is also Committee during the last few years. Mr. McCAIN. Mr. President, I ask permitted under this UC—because it is His leadership on that committee and unanimous consent that the order for not precluded—second-degree amend- his contributions to our sometimes the quorum call be rescinded. ments that are relevant. So my col- controversial debates were always The PRESIDING OFFICER. Without leagues, I hope, will not make use of thoughtful, analytical, fair, and re- objection, it is so ordered. that. spectful. He has been firm in his beliefs

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10682 CONGRESSIONAL RECORD — SENATE September 17, 1996 and opinions, but never failed to listen gress. His departure will leave a void There is also no question that his sin- and consider those of the other mem- for his State of Maine and for the Na- cere interest and leadership in public bers of the committee. tion that will be extremely difficult to policy issues at the national level has Senator BROWN has also been an out- fill. We were both first elected to the led to many benefits for the American standing leader on military, foreign Senate in 1978 and will now be leaving people in general. He will be sorely policy, trade, budgetary, and a host of together. He has been a true friend and missed after he leaves the Senate early other issues. I was especially impressed a wonderful colleague to serve with next year, but I join my colleagues in with his efforts to resolve the dispute over these last 18 years. wishing him and his lovely wife, Janet with Pakistan over certain weapons In addition to being an outstanding Langhart-Cohen, well as he embarks on transfers. He was able to forge a com- Senator and leader on a wide range of a new phase of his life. I also look for- promise between the administration issues, Senator COHEN is an accom- ward to reading more of his novels in and Congress which serves our national plished poet and spy novelist in his the years to come. interests as well as those of India and own right. Among his books are: ‘‘Of f Pakistan. He has covered a great deal Sons and Seasons,’’ ‘‘Roll Call,’’ ‘‘Get- of public policy territory during his ting the Most Out of Washington,’’ MESSAGES FROM THE PRESIDENT relatively short tenure in the Senate. ‘‘The Double Man,’’ which he wrote Messages from the President of the HANK BROWN was born in Denver, CO, with former Senator Gary Hart, ‘‘A United States were communicated to on February 12, 1940. He received his Baker’s Nickel,’’ ‘‘Men of Zeal,’’ which the Senate by Mr. Williams, one of his bachelor’s degree from the University he wrote with former Maine Senator secretaries. of Colorado in 1961 and his law degree and Majority Leader George Mitchell, f from there in 1969. He began his career ‘‘One-Eyed Kings,’’ and ‘‘Murder in the as an accountant. He received a master Senate.’’ EXECUTIVE MESSAGES REFERRED of tax law degree from the George Altogether, Senator COHEN will have As in executive session, the Presiding Washington University here in Wash- served for 25 years in Congress when he Officer laid before the Senate messages ington in 1986, while serving in the retires. Born in 1940, his father was a from the President of the United House of Representatives. baker in Bangor, ME. He received his States submitting sundry nominations The future Senator from Colorado bachelor of arts degree from Bowdoin which were referred to the appropriate served as a lieutenant in the U.S. Navy College in 1962 and his law degree from committees. from 1962 to 1966, including service as a Boston University 3 years later. He (The nominations received today are forward air controller in Vietnam. He later became the assistant county at- printed at the end of the Senate pro- was awarded the Air Medal with two torney for Maine’s Penobscot County ceedings.) gold stars, the Vietnam Service Medal, and was elected vice president of the Naval Unit Citation, and National De- Maine Trial Lawyers Association in f fense Medal. He served in the Colorado the early 1970’s. He was the mayor of MESSAGES FROM THE HOUSE State Senate from 1972 to 1976, where Bangor, ME and a fellow at the John F. At 7:53 p.m., a message from the he was the assistant majority leader Kennedy Institute of Politics. He was House of Representatives, delivered by for 2 years. In 1973, he was named ‘‘Out- elected to the 93d Congress on Novem- Ms. Goetz, one of its reading clerks, an- standing Young Man of Colorado.’’ ber 7, 1972, and served in the House nounced that the House has passed the In 1980, he was elected to the House until his election to the Senate 6 years following bill, without amendment. of Representatives, serving there until later. his election to the Senate in 1990. As a Member of Congress, WILLIAM S. 677. An act to repeal a redundant venue provision, and for other purposes. While he was in the House, he spon- COHEN has not been afraid to break sored the first wild and scenic river with his party when his conscience dic- The message also announced that the designation for the Cache La Poudre tated it. Overall, he has been a leading House agrees to the amendments of the River, and worked to expand the Rocky advocate of a more assertive American Senate to the bill (H.R. 2679) to revise Mountain National Park. He also defense posture. This was his view long the boundary of the North Platte Na- sought tougher child support enforce- before the defense build-up of the tional Wildlife Refuge. ment mechanisms and specialized in 1980’s. As a Senate candidate in 1978, f ethics issues as a member of the House his platform was military preparedness Ethics Committee. Likewise, he has and when he arrived here, he imme- REPORTS OF COMMITTEE been an outspoken leader in urging diately got a seat on the Armed Serv- The following report of committee Congress to be covered by the civil ices Committee. He opposed the SALT was submitted: rights and labor laws it imposed on II Treaty, strongly supported President By Mr. HATFIELD, from the Committee others. The Congressional Account- Reagan’s defense build-up, and spoke on Appropriations: ability Act, which passed the Congress out against the nuclear freeze. He con- Special Report entitled ‘‘Revised Alloca- and was signed into law in early 1995, demned Saddam Hussein’s regime in tion to Subcommittees of Budget Totals was due in large measure to his efforts Iraq for using chemical weapons long from the Concurrent Resolution for Fiscal Year 1997’’ (Rept. No. 104–370). on this issue. before the invasion of Kuwait in Au- Senator HANK BROWN has been a true gust 1990 and in July of that year was f friend to the people of Colorado and an instrumental in the debate over sanc- EXECUTIVE REPORTS OF outstanding legislator who consist- tions against Iraq. He served as vice COMMITTEES ently strived to do what was best for chairman of the Senate Intelligence the Nation. His presence will be sorely Committee during the late 1980’s, The following executive reports of missed when the next Congress con- working closely with its chairman, committees were submitted: venes early next year, but I join my Senator David Boren. He also served on By Mr. THURMOND, from the Committee colleagues in congratulating and com- the Iran-contra committee, on which I on Armed Services: The following named officers for pro- mending him for his public service and served as well. motion in the line in the Navy of the United in wishing him and his family well as On trade issues, he has been for free States to the grade indicated under title 10, he moves on to the next phase of his but fair trade. He has worked to ban U.S.C., section 624: the import of underweight lobsters and life. UNRESTRICTED LINE OFFICER opposed the American-Canadian Free f To be rear admiral (lower half) Trade Agreement. TRIBUTE TO SENATOR WILLIAM S. Senator COHEN is known as somewhat Capt. Daniel R. Bowler, 000–00–0000, U.S. COHEN of a maverick, but there is no question Navy. Capt. John E. Boyington, Jr., 000–00–0000, Mr. HEFLIN. Mr. President, our dis- that he put the concerns of his country U.S. Navy. tinguished colleague from Maine, Sen- and State at the top of his agenda. Capt. John T. Byrd, 000–00–0000, U.S. Navy. ator WILLIAM COHEN, will be leaving There is a great need for mavericks— Capt. John V. Chenevey, 000–00–0000, U.S. the Senate at the end of the 104th Con- really, I should call them independents. Navy.

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Capt. Ronald L. Christenson, 000–00–0000, U.S. MEDICAL CORPS Reserve of the Army to the grades indicated Navy. To be rear admiral (lower half) under title 10, U.S.C. sections 3385, 3392 and Capt. Albert T. Church, III, 000–00–0000, U.S. Capt. Bonnie B. Potter, 000–00–0000, U.S. 12203(e): Navy. Navy To be major general Capt. John P. Davis, 000–00–0000, U.S. Navy. The following named Judge Advocate Gen- Brig. Gen. Frank A. Catalano, Jr., 000–00–0000 Capt. Thomas J. Elliott, Jr., 000–00–0000, U.S. eral’s Corps Competitive Category officers Navy. for promotion in the Regular Army of the To be brigadier general Capt. John B. Foley, III, 000–00–0000, U.S. United States to the grade of brigadier gen- Col. Clarence E. Bayless, Jr. 000–00–0000. Navy. eral under the provisions of title 10, U.S.C., Col. John D. Bradberry, 000–00–0000. Capt. Kevin P. Green, 000–00–0000, U.S. Navy. section 611(a) and 624(c): Col. Roger B. Burrows, 000–00–0000. Capt. Alfred G. Harms, Jr., 000–00–0000, U.S. To be brigadier general Col. William G. Butts, Jr., 000–00–0000. Navy. Col. Dalton E. Diamond, 000–00–0000. Capt. John M. Johnson, 000–00–0000, U.S. Col. Joseph R. Barnes, 000–00–0000 Col. George T. Garrett, 000–00–0000. Navy. Col. Michael J. Marchand, 000–00–0000. The following named officer for appoint- Col. Larry E. Gilman, 000–00–0000. Capt. Herbert C. Kaler, 000–00–0000, U.S. ment to the grade of lieutenant general Col. John R. Groves, Jr., 000–00–0000. Navy. while assigned to a position of importance Col. Hugh J. Hall, 000–00–0000. Capt. Timothy J. Keating, 000–00–0000, U.S. and responsibility under Title 10, United Col. Elmo C. Head, Jr. Navy. States Code, Section 601: Col. Willie R. Johnson, 000–00–0000. Capt. Gene R. Kendall, 000–00–0000. To be lieutenant general Col. Stephen D. Korenek, 000–00–0000. Capt. Timothy W. LaFleur, 000–00–0000. Col. Bruce N. Lawlor, 000–00–0000. Capt. Arthur N. Langston, III, 000–00–0000. Maj. Gen. John A. Gordon, 000–00–0000, Col. Paul M. Majerick, 000–00–0000. Capt. James W. Metzger, 000–00–0000. United States Air Force. Col. Timothy E. Neel, 000–00–0000. Capt. David P. Polatty, III, 000–00–0000. The following named officer for promotion Col. Jeff L. Neff, 000–00–0000. Capt. Ronald A. Route, 000–00–0000. in the Naval Reserve of the United States to Col. Anthony L. Oien, 000–00–0000. Capt. Steven G. Smith, 000–00–0000. the grade indicated under title 10, U.S.C., Col. Terry L. Reed, 000–00–0000. Capt. Thomas W. Steffens, 000–00–0000. section 5912: Col. Michael H. Taylor, 000–00–0000. Capt. Ralph E. Suggs, 000–00–0000. CIVIL ENGINEER CORPS OFFICER Col. Edwin H. Wright, 000–00–0000. Capt. Paul F. Sullivan, 000–00–0000. To be rear admiral The following named officer for appoint- ENGINEERING DUTY OFFICER Read Adm. (1h) Thomas Joseph Gross, 9924, ment to the grade of lieutenant general in To be rear admiral (lower half) U.S. Naval Reserve. The following named officer for appoint- the United States Army while assigned to a Capt. Roland B. Knapp, 000–00–0000, U.S. ment to the grade of lieutenant general in position of importance and responsibility Navy. the United States Air Force while assigned under title 10, U.S.C., section 601(a): Capt. Kathleen K. Paige, 000–00–0000, U.S. to a position of importance and responsi- To be lieutenant general Navy. bility under title 10, U.S.C., section 601(a): Maj. Gen. Frederick E. Vollrath, 000–00–0000. SPECIAL DUTY OFFICER (INTELLIGENCE) To be lieutenant general To be rear admiral (lower half) The following named officer for appoint- Maj. Gen. William J. Donahue, 000–00–0000. ment to the grade of lieutenant general in Capt. Perry M. Ratliff, 000–00–0000, U.S. The following named officer for appoint- the United States Army while assigned to a Navy. ment in the Reserve of the Air Force to the position of importance and responsibility The following named officer for reappoint- grade indicated under title 10, U.S.C., sec- under title 10, U.S.C., section 3036: ment to the grade of lieutenant general in tions 8374, 12201 and 12212: the United States Army while assigned to a To be brigadier general TO BE SURGEON GENERAL, UNITED STATES ARMY position of importance and responsibility under title 10, U.S.C., section 601(a) and 3036: Col. Gerald W. Wright, 000–00–0000, Air Na- To be lieutenant general tional Guard of the United States. Maj. Gen. Ronald R. Blanck, 000–00–0000. To be chief of engineers The following named officer for appoint- To be lieutenant general ment to the grade of lieutenant general in The following named officers for pro- Maj. Gen. Joe N. Ballard, 000–00–0000. the United States Air Force while assigned motion in the line in the Navy of the United The following named officer for appoint- to a position of importance and responsi- States to the grade indicated under title 10, ment to the grade of lieutenant general in bility under title 10, U.S.C. section 8036: U.S.C., section 624: the United States Army while assigned to a SURGEON GENERAL OF THE AIR FORCE UNRESTRICTED LINE OFFICER position of importance and responsibility To be lieutenant general under title 10, U.S.C., section 601(a): To be rear admiral (lower half) Maj. Gen. Charles H. Roadman, II, 000–00– To be lieutenant general Capt. Harry M. Highfill, 000–00–0000, U.S. 0000. Maj. Gen. Edward G. Anderson, III, 000–00– The following United States Army Na- Navy. 0000, United States Army. tional Guard officers for promotion in the Capt. Richard J. Naughton, 000–00–0000, U.S. The following named officer for appoint- Reserve of the Army to the grades indicated Navy. ment in the Reserve of the Air Force, to the under title 10, U.S.C. sections 3385, 3392 and Capt. William G. Sutton, 000–00–0000, U.S. grade indicated, under the provisions of title 12203(a): Navy. 10, U.S.C., sections 8374, 12201, 12204, and To be major general The following named officer for reappoint- 12212: ment to the grade of lieutenant general in Brig. Gen. Carroll D. Childers, 000–00–0000. To be brigadier general the United States Marine Corps while as- Brig. Gen. Cecil L. Dorton, 000–00–0000. signed to a position of importance and re- Brig. Gen. Dwight M. Kealoha, USAF (Re- Brig. Gen. Clyde A. Hennies, 000–00–0000. sponsibility under the provisions of Section tired), 000–00–0000, Air National Guard. Brig. Gen. Warren L. Freeman, 000–00–0000. The following named officer for appoint- 601, Title 10, United States Code: To be brigadier general ment to the grade of lieutenant general in To be lieutenant general the United States Air Force while assigned Col. John E. Barnette, 000–00–0000. to a position of importance and responsi- Col. Roberto Benavides, Jr., 000–00–0000. Lt. Gen. Anthony C. Zinni, 000–00–0000. bility under title 10, U.S.C., section 601(a); Col. Ernest D. Brockman, Jr., 000–00–0000. The following named officer for appoint- To be lieutenant general Col. Danny B. Callahan, 000–00–0000. ment to the grade of vice admiral in the Col. Reginald A. Centracchio, 000–00–0000. United States Navy while assigned to a posi- Maj. Gen. Normand G. Lezy, 000–00–0000. The following named officer for appoint- Col. Terry J. Dorenbush, 000–00–0000. tion of importance and responsibility under ment to the grade of lieutenant general in Col. Thomas W. Eres, 000–00–0000. title 10 U.S.C., section 601: Col. Edward A. Ferguson, Jr., 000–00–0000. the United States Air Force while assigned To be vice admiral Col. Gary L. Franch, 000–00–0000. to a position of importance and responsi- Rear Adm. William J. Hancock, 000–00–0000. bility under title 10, U.S.C., section 601; Col. Peter J. Gravett, 000–00–0000. Col. Robert L. Halverson, 000–00–0000. The following named officer for appoint- To be lieutenant general Col. Joseph G. Labrie, 000–00–0000. ment to the grade of vice admiral in the Maj. Gen. William P. Hallin, 000–00–0000. Col. Bennett C. Landreneau, 000–00–0000. United States Navy while assigned to a posi- The following named officer for appoint- Col. John W. Libby, 000–00–0000. tion of importance and responsibility under ment to the grade of lieutenant general in Col. Marianne Mathewson-Chapman, 000–00– title 10 U.S.C., section 601: the United States Air Force while assigned 0000. To be vice admiral to a position of importance and responsi- Col. Edmond B. Nolley, Jr., 000–00–0000. bility under title 10, U.S.C., section 601; Col. James F. Reed, III, 000–00–0000. Rear Adm. William J. Fallon, 000–00–0000. To be lieutenant general Col. Darwin H. Simpson, 000–00–0000. The following named officer for reappoint- Lt. Gen. George T. Babbitt, Jr., 000–00–0000. Col. Allen E. Tackett, 000–00–0000. ment to the grade of vice admiral in the The following named officer for promotion Col. Michael R. Van Patten, 000–00–0000. United States Navy while assigned to a posi- in the Navy of the United States to the grade The following United States Army Na- tion of importance and responsibility under indicated under title 10, U.S.C., section 624: tional Guard officers for promotion in the title 10 U.S.C., section 601:

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10684 CONGRESSIONAL RECORD — SENATE September 17, 1996 To be vice admiral In the Air Force there are 66 promotions to S. 2084. A bill to expedite State reviews of Vice Adm. Conrad C. Lautenbacher, Jr., 000– the grade of major (list begins with John W. criminal records of applicants for private se- 00–0000. Baker) (Reference No. 1223). curity officer employment, and for other The following named officer for appoint- In the Navy there are two promotions to purposes; to the Committee on the Judici- ment to the grade of lieutenant general in the grade of lieutenant commander (list be- ary. the United States Army while assigned to a gins with Aaron C. Flannery) (Reference No. By Mr. WARNER (for himself and Mr. position of importance and responsibility 768). FORD): under title 10, U.S.C., section 601(a): In the Marine Corps there is one promotion S. 2085. A bill to authorize the Capitol to the grade of lieutenant colonel (John C. Guide Service to accept voluntary services; To be lieutenant general Sumner) (Reference No. 1272). considered and passed. Maj. Gen. George A. Crocker, 000–00–0000. In the Navy there is one promotion to the By Mr. PRESSLER (for himself, Mr. (The above nominations were re- grade of captain (John L. Willson) (Reference LOTT, Mr. BAUCUS, Mr. HATCH, Mr. ported with the recommendation that No. 1273). D’AMATO, Mr. NICKLES, Mr. GORTON, In the Navy there is one promotion to the Mr. HATFIELD, Mr. BURNS, and Mrs. they be confirmed.) grade of lieutenant commander (Eric L. Mr. THURMOND. Mr. President, for MURRAY): Pagenkopf) (Reference No. 1274). S. 2086. A bill to amend the Internal Rev- the Committee on Armed Services, I In the Marine Corps there are 58 appoint- enue Code of 1986 to simplify certain rules re- report favorably 29 nomination lists in ments to the grade of captain (list begins lating to the taxation of United States busi- the Air Force, Army, Marine Corps and with Michael G. Alexander) (Reference No. ness operating abroad, and for other pur- Navy which were printed in full in the 1275). poses; to the Committee on Finance. In the Marine Corps Reserve there are 150 CONGRESSIONAL RECORDS of December By Mr. KERRY: promotions to the grade of lieutenant colo- 11, 1995, May 22, 1996, July 11, 17, 19, and S. 2087. A bill to direct the Secretary of the nel (list begins with James R. Adams) (Ref- department in which the Coast Guard is op- 29, 1996, September 3, and 9, 1996, and erence No. 1276). ask unanimous consent, to save the ex- erating to provide rescue diver training In the Navy there are 427 promotions to under the Coast Guard helicopter rescue pense of reprinting on the Executive the grade of commander (list begins with swimming training program; to the Com- Calendar, that these nominations lie at Daniel C. Alder) (Reference No. 1277). mittee on Commerce, Science, and Transpor- the Secretary’s desk for the informa- In the Naval Reserve there are 768 pro- tation. tion of Senators. motions to the grade of commander (list be- By Mr. LOTT: The PRESIDING OFFICER. Without gins with James C. Ackley) (Reference No. S.J. Res. 60. A joint resolution to dis- 1278). approve the rule submitted by the Health objection, it is so ordered. In the Navy there are 774 promotions to Care Financing Administration on August (The nominations ordered to lie on the grade of lieutenant commander (list be- 30, 1996, relating to hospital reimbursement the Secretary’s desk were printed in gins with Gregorio A. Abad) (Reference No. under the medicare program; read twice. the RECORDS of December 11, 1995, May 1279). 22, 1996, July 11, 17, 19, 29, September 3, In the Air Force Reserve there are 26 pro- f and 9, 1996, at the end of the Senate motions to the grade of lieutenant colonel proceedings.) (list begins with John W. Amshoff, Jr.) (Ref- SUBMISSION OF CONCURRENT AND erence No. 1282). SENATE RESOLUTIONS In the Air Force there is one promotion to In the Marine Corps there are three ap- the grade of lieutenant colonel (Edgar W. pointments to the grade of lieutenant colo- The following concurrent resolutions Hatcher) (Reference No. 1267). nel and below (list begins with Timothy and Senate resolutions were read, and In the Air Force and Air Force Reserve Foley) (Reference No. 1283). referred (or acted upon), as indicated: there are 11 appointments to the grade of In the Naval Reserve there are 153 pro- By Mr. LOTT (for himself, Mr. colonel and below (list begins with Malcolm motions to the grade of captain (list begins DASCHLE, Mr. STEVENS, Mr. BYRD, N. Joseph III) (Reference No. 1268). with Robert E. Aquirre) (Reference No. 1284). Mr. WARNER, Mr. SIMPSON, Mrs. In the Army there is one appointment as In the Naval Reserve there are 382 pro- KASSEBAUM, Mr. FORD, Mr. ROCKE- permanent professor at the United States motions to the grade of commander (list be- FELLER, Mr. LEVIN, Mr. GRASSLEY, Military Academy (Colonel George B. For- gins with David W. Anderson) (Reference No. Mr. COVERDELL, and Mr. FRIST): sythe) (Reference No. 1269). 1285). S. Res. 293. A resolution saluting the serv- In the Marine Corps there are four pro- In the Air Force there are 1,609 promotions ice of Howard O. Greene, Jr. to the United motions to the grade of major (list begins to the grade of colonel and below (list begins States Senate; considered and agreed to. with Gary J. Couch) (Reference No. 1270). with Johnny R. Almond) (Reference No. By Mr. STEVENS: In the Marine Corps there are two pro- 1296). S. Res. 294. A resolution to provide for sev- motions to the grade of major (list begins f erance pay; considered and agreed to. with Ralph P. Dorn) (Reference No. 1271). By Mr. NICKLES (for himself, Mr. In the Marine Corps there is one promotion INTRODUCTION OF BILLS AND NUNN, Mr. COATS, Mr. ASHCROFT, and to the grade of lieutenant colonel (George W. JOINT RESOLUTIONS Mr. HELMS): Simmons) (Reference No. 1111). The following bills and joint resolu- S. Con. Res. 71. A concurrent resolution ex- In the Army there are 1,576 promotions to pressing the sense of the Senate with respect the grade of major (list begins with Anthony tions were introduced, read the first to the persecution of Christians worldwide; J. Abati) (Reference No. 1198). and second time by unanimous con- considered and agreed to. In the Air Force and Air Force Reserve sent, and referred as indicated: there are 22 appointments to the grade of By Mr. HARKIN: f colonel and below (list begins with Jeffrey I. S. 2080. A bill to save taxpayer money by Roller) (Reference No. 1202). reducing the unnecessary increase in Pen- STATEMENTS ON INTRODUCED In the Army Reserve there is one appoint- tagon spending in fiscal year 1997; to the BILLS AND JOINT RESOLUTIONS ment to the grade of lieutenant colonel Committee on Armed Services. (Donald G. Higgins) (Reference No. 1203). S. 2081. A bill to limit Department of De- By Mr. HARKIN: In the Army Reserve there are 13 pro- fense payments to contractors for restruc- S. 2080. A bill to save taxpayer money motions to the grade of colonel and below turing costs associated with business com- by reducing the unnecessary increase (list begins with Robert M. Carrothers) (Ref- binations; to the Committee on Armed Serv- in Pentagon spending in fiscal year erence No. 1206). ices. 1997; to the Committee on Armed Serv- In the Army Reserve there are 37 pro- By Mr. DORGAN (for himself and Mr. ices. motions to the grade of colonel and below ROBB): PENTAGON BUDGET REQUEST LEGISLATION (list begins with James R. Barr) (Reference S. 2082. A bill to amend title 18, United No. 1207). States Code, to eliminate good time credits ∑ Mr. HARKIN. Mr. President, we must In the Air Force there are 12 appointments for prisoners serving a sentence for a crime maintain a strong national defense. to the grade of second lieutenant (list begins of violence, and for other purposes; to the There can be no question about that. I with Michael P. Allison) (Reference No. 1220). Committee on the Judiciary. believe part of that strength comes In the Marine Corps there are five pro- By Mr. DEWINE: from wise use of taxpayer dollars. The motions to the grade of lieutenant colonel S. 2083. A bill to amend title 18, United $265.6 billion authorized by this Con- and below (list begins with Robert E. Car- States Code, to set forth the civil jurisdic- gress is $11.3 billion more than the Pen- ney) (Reference No. 1221). tion of the United States for crimes com- In the Marine Corps Reserve there are 34 mitted by persons accompanying the Armed tagon requested. I am offering this bill promotions to the grade of colonel (list be- Forces outside of the United States, and for today to roll back this addon and re- gins with Craig T. Boddington) (Reference other purposes; to the Committee on Armed store the Pentagon’s requested level. It No. 1222). Services. directs the Secretary of Defense to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10685 achieve this goal by making adjust- exempt from our efforts to balance the allow contractors for all Federal agen- ments that do not jeopardize our mili- budget. Common sense dictates that we cies and departments to collect such tary readiness or the quality of life of can’t afford $11.3 billion in addons over costs. Imagine Medicare paying re- our military personnel. what the Pentagon and the Joint structuring costs for all Federal agen- The Secretary of Defense should not Chiefs of Staff say we need to maintain cies and departments to collect such have trouble finding areas to trim. a strong national defense. I urge my costs. Imagine Medicare paying re- This budget adds less than $1 billion for colleagues to join me in support of this structuring costs for all major hospital readiness and quality-of-life issues. commonsense bill to cut the deficit and mergers. This could add billions of tax- Too much of the rest is for gold-plated put our priorities back in order.∑ payers dollars to the total cost of this hardware and questionable weapons de- policy. velopment. By Mr. HARKIN: Proponents claim the subsidies save Some star wars items, like the space- S. 2081. A bill to limit Department of taxpayers money, but the record on based laser system at an additional $70 Defense payments to contractors for these savings is spotty at best. Accord- million, or the kinetic energy antisat- restructuring costs associated with ing GAO studies of two business com- ellite program at an additional $75 mil- business combinations; to the Com- binations the measured savings are far lion, are expensive, destabilizing, and mittee on Armed Services. less than the amount promised. In one probably won’t work. Other items, like CORPORATE MERGERS LEGISLATION case the GAO found that ‘‘the net cost the Kiowa helicopter, at an additional ∑ Mr. HARKIN Mr. President, I intro- reduction certified by DOD represents $190 million have missions that can be duce a bill that will put a moratorium less than 15 percent of the savings . . . filled by other weapons at less cost. In on taxpayer subsidies for mergers be- projected to the DOD 2 years earlier this era of tight budgets, when we are tween defense contractors, and give the when they sought support for the pro- slashing other programs, I don’t see Government the tools to monitor these posed partnership.’’ how we can justify these unwise, un- deals and recoup any overpayments. Moreover, the cost accounting is in- wanted, unnecessary and untimely ex- To quote Lawrence Korb, Assistant complete and there is no way for tax- penditures. Secretary of Defense under President payers to recoup the costs when the Mr. President, this simply defies Reagan in a recent article in the amount paid to contractors exceeds the common sense. The cold war is over. Brookings Review, ‘‘Remember the $600 actual benefit received. The current The proposed increase, by itself, is toilet seats and the $500 hammers that practice is to measure only costs to the only slightly smaller than the com- had taxpayers up in arms during the Department of Defense when contrac- bined defense budgets of North Korea, mid-1980s? Today’s subsidized mergers tors merge and give thousands of hard- Iraq, Syria, Iran, and Cuba. I think the are going to make them look like bar- working Americans the boot. The costs American taxpayers are owed an expla- gains.’’ associated with Government subsidized nation of this excessive spending. Here is what some public interest social services like worker retraining I would like to know how my col- groups say about the policy: are not tallied. Neither are the costs leagues plan to pay for such extrava- The CATO Institute—‘‘The costs as- associated with lost payroll tax rev- gance in this time of constrained sociated with mergers should not be enue. My bill would fix these defi- spending. This bill will either steal absorbed by federal taxpayers. This is a ciencies. from parts of government that are al- egregious example of unwarranted cor- Although I believe this practice must ready doing their part to reduce the porate welfare in our budget.’’ stop, I realize that is too new for most deficit, or it will add billions of dollars Taxpayers for Common Sense—‘‘It’s to make an informed decision about. to the deficit. We simply can’t avoid time for the Pentagon to drop this ri- That is why I am offering this very one of these consequences. diculous ‘money for nothing’ policy.’’ moderate bill. It will merely put a 1- Mr. President, let me put the mag- Project on Government Oversight— year moratorium on these payments so nitude of this fiscal irresponsibility ‘‘The new policy is unneeded, estab- that the Comptroller General can give into perspective. The $11.3 billion lishes inappropriate government inter- us the tools we need to take a close bonus is almost equal to the budgets of vention in the economy, promotes lay- look at the policy and ensure that the the National Institutes of Health and offs of high-wage jobs, pays for exces- taxpayers recoup any payments in ex- the Transportation Department. It’s sive CEO salaries, and is likely to cost cess of realized benefits. It will also about twice the budget of the Interior the government billions of dollars.’’ allow us to have hearings on this far- Department and the Environmental In 1993 then Undersecretary of De- reaching policy change. Protection Agency, and it’s almost fense John Deutch made a major policy So, again Mr. President, this modest four times larger than the budget of change with regard to Defense Depart- bill will give us the time and tools we the National Science Foundation. Fur- ment acquisition practices. His deci- need to thoroughly examine this pol- thermore, for this amount of money we sion allowed the DOD to start sub- icy. I urge my colleagues to support could fund the Pell Grant Program for sidizing defense contractor mergers. this common sense bill so that we can 2 years or we could fund the Head Start The taxpayers have already paid $300 study this issue with all the care that Program for over 21⁄2 years. million to wealthy defense contractors it deserves.∑ To look at it in terms of my State of and the GAO estimates that they will Iowa, this addon of $11.3 billion is al- pay another $2 billion or more in the By Mr. DORGAN (for himself and most three times the budget for the en- next few years. Mr. ROBB): tire State of Iowa. Iowans could fund If Deutch’s decision was a policy S. 2082. A bill to amend title 18, their K–12 education system, some change, as I believe, then the proper United States Code, to eliminate good- 500,000 pupils in about 380 school dis- procedures were not followed. The new time credits for prisoners serving a tricts, for 5 years. At the current policy was never printed in the Federal sentence for a crime of violence, and spending and enrollment levels, the Register and there was no opportunity for other purposes; to the committee $11.3 billion could fund Iowa State Uni- for public comment on it, so the con- on the Judiciary. versity for 94 years, the University of tracts written under this policy may be THE 100 PERCENT TRUTH IN SENTENCING ACT Iowa for 99 years, the University of invalid. ∑ Mr. DORGAN. Mr. President, last Northern Iowa for 166 years, or all If it was a clarification of policy, as Friday I spoke on the Senate floor three together for 38 years. the proponents claim, then the tax- about legislation that I am proposing We simply can’t justify this excessive payers may be liable for paying re- to make Americans safer in their spending, we shouldn’t ask our con- structuring costs on mergers all the homes and communities. Today I am stituents to fork over $11.3 billion for way back to the 1950’s. The cost to formally introducing that legislation, programs the Pentagon does not need American taxpayers could be stag- and I wanted to take a few moments to or could safely delay. gering. describe in further detail what my bill It’s time for some fairness. It’s time In either case, the decision involves would do and why it is needed. for some common sense. And fairness an interpretation of the Federal Acqui- All of us who are concerned about tells us that the Pentagon shouldn’t be sition Regulations [FAR] and may violent crime in this country know

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10686 CONGRESSIONAL RECORD — SENATE September 17, 1996 that the causes of crime are complex that he murdered Elissa, according to time, commissary privileges, and work and difficult. I certainly do not pretend the St. Louis Post-Dispatch, Link opportunities. Most of these incentives to have all the answers. But there are robbed, sodomized, and tried to rape a provide an immediate reward, while some basic, commonsense steps we can woman he grabbed at a self-service the reward of good time credits is not take to reduce the amount of violent laundry, snatched another woman’s realized for many months, and often crime in this country—the first of purse, tried to rape another woman at years, after the desired behavior. I am which is to keep those people that we knifepoint, almost abducted an 8-year- not a psychologist, but it seems to me know are violent criminals off the old girl, and held up an ice cream shop. that young, impetuous criminals are streets. If Link had served his full sentence for more likely to appreciate an imme- My bill, the 100 Percent Truth in an earlier abduction and rape, none of diate, rather than a long delayed, re- Sentencing Act, will eliminate the these crimes would have been com- ward. award of good-time credits for violent mitted and Elissa would be alive today. In fact, statistics compiled by the Of- offenders in the Federal prisons and re- Link is now serving a sentence of life fice of Justice Statistics seem to sup- quire violent offenders to serve 100 per- in prison without parole. But in my port this theory. Over the last few cent of their sentences. This is not a view, the death of little Elissa was years, the incidence of violent mis- punitive action against criminals; it is completely preventable and inexcus- conduct in federal prisons has declined a preventive action against violent able. We know that violent criminals by more than 30 percent, even though crime. often repeat their crimes. At a min- prison officials no longer have parole Let me tell you why my bill will save imum, we must take steps to keep vio- as an incentive and the amount of al- lives and prevent violent crime. It does lent offenders behind bars for the full lowable good time has decreased from not take a genius to know who will terms of their sentences. as much as 120 days per year (prior to commit the next crime—likely, it will This bill is not my first attempt to 1984) to 54 days. be someone who already committed a end good time for violent offenders. In The bottom line is this: early release crime. One-third of all violent crime is 1994, I offered an amendment to the for violent offenders costs lives. Today, committed by someone who is already Violent Crime Control and Law En- there are more than 100,000 inmates in know to the criminal justice system forcement Act of 1994 designed to nearly 90 federal prisons and in con- and is ‘‘under supervision’’—that is, eliminate good time for all violent of- tract facilities across the country. out on the streets because of parole, fenders unless they exhibited ‘‘exem- About 20,000 of these inmates are serv- probation, or pretrial release. plary’’ behavior while in prison. My in- ing time for a violent offense. If they This frightening statistic is not the tent was that only those violent of- are released early from prison, 7,200 result of actions by just a few hardened fenders who demonstrated that they will be re-arrested for a violent crime criminals. Rather, the majority of vio- were rehabilitated would be released within 3 years of their release. lent offenders will be rearrested for an- from Federal prison before the end of My bill, the 100 Percent Truth In other crime within 3 years of their re- their sentences. Sentencing Act, is the most straight- lease. Fully one-third of all violent That amendment was accepted and is forward, common sense approach that I criminals released from prison will be now law. Unfortunately, the Justice have seen for putting violent criminals rearrested for another violent crime Department has interpreted that provi- behind bars and keeping them there. within that timeframe. sion to mean that violent offenders will Senator ROBB already has agreed to These statistics are well known and continue to receive automatic good join me in co-sponsoring this legisla- undisputed, yet more than 90 percent of time credits unless they break signifi- tion, and I hope all my colleagues will violent criminals are released early cant prison rules. This was not the in- do the same. from prison. Back in 1984, we acknowl- tent of my amendment in 1994, and the Mr. President, I ask unanimous con- edged that early release leads to more bill I am now offering clarifies my posi- sent that the full text of the bill be violent crime and, as a result, we abol- tion: violent offenders should remain in printed in the RECORD. ished parole in the Federal system. But jail until they have completed their There being no objection, the bill was our system continues to award ‘‘good- court-imposed sentences. ordered to be printed in the RECORD, as time’’ credits—essentially, time off for Prison officials tell me that they rely follows: good behavior—to the most violent fel- on good time credits as a disciplinary ons in the system. The reason is that tool. On a recent visit to a Federal S. 2082 good time credits are awarded auto- prison, officials told my staff that Fed- Be it enacted by the Senate and House of Rep- matically to almost every inmate. In eral inmates are increasingly young, resentatives of the United States of America in the Federal prison system, every pris- undisciplined, violent, and unpredict- Congress assembled, oner—regardless of how brutal their able. ‘‘Without good time to use as an SECTION 1. SHORT TITLE. crime—receives 54 days of good time incentive to control inmates,’’ one offi- This Act may be cited as the ‘‘100 Percent Truth in Sentencing Act’’. per year unless they violate significant cial confided, ‘‘we would fear for the SEC. 2. ELIMINATION OF CREDIT TOWARD SERV- prison rules. lives of our prison guards!’’ ICE OF SENTENCE FOR SATISFAC- I could spend hours telling you about I am very sympathetic to the argu- TORY BEHAVIOR. violent offenders who were released ments they raise. It is the job of prison Section 3624(b) of title 18, United States early from Federal prisons, but let me administrators to control inmate popu- Code, is amended— tell you about just one of them. Martin lations and ensure a safe, orderly pris- (1) by striking ‘‘(1) A prisoner’’ and insert- Link has a long history of brutal, vio- on atmosphere. I would not take un- ing ‘‘(1)(A) Subject to subparagraph (B), a lent crime. In 1982, he grabbed a 15- necessary risks with that important prisoner’’; year-old girl in an alley in south St. goal. However, it is our job, as United (2) by striking the second sentence; and Louis, sodomized her, and tried to rape States senators, to secure the safety of (3) by adding at the end the following: ‘‘(B) A prisoner who is serving a term of her. In 1983, he forced another young those who live outside the prison imprisonment of more than 1 year for a girl into his car, took her to East St. walls—law-abiding citizens taking an crime of violence shall not be eligible for Louis, and raped her. Although he was evening stroll, or stopping at the ATM credit toward the service of the prisoner’s sentenced to 20 years in Federal prison, machine, or, like Elissa Self-Braun, sentence under subparagraph (A).’’.∑ he was released in 6 years because of walking to a school bus from our home. combined good time credits and parole. To argue that inmates are too dan- By Mr. DEWINE: Soon afterward, he got a year’s proba- gerous to keep in jail is outrageous and S. 2083. A bill to amend title 18, tion for soliciting sex from an under- unacceptable. United States Code, to set forth the cover agent. I am also skeptical that good time is civil jurisdiction of the United States The next year, in 1990, he stole a car, a necessary or effective disciplinary for crimes committed by persons ac- but was still on the streets in 1991 when tool in most cases. Prison officials companying the Armed Forces outside he murdered 11-year-old Elissa Self- have a broad range of disciplinary tools of the United States, and for other pur- Braun while she was walking home at their disposal, including visitation poses; to the Committee on Armed from her schoolbus. The same month and telephone privileges, recreation Services.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10687 THE MILITARY AND CIVILIAN LAW COORDINATION My bill addresses another important in the international economy. That’s ACT gap in the law. Under current law, not a surprise to any of us. As the ∑ Mr. DEWINE. Mr. President, I believe many illegal acts committed abroad by economies of previously less-developed certain elements of the U.S. military U.S. soldiers or accompanying civilians countries around the world begin to ex- justice system need to be reformed. For go unaddressed by the military courts. pand, and the economic boundaries be- example, current conditions contain The prosecution of these crimes is left tween our countries become more loopholes that allow military criminals to the discretion of a military court, blurred, it is increasingly important to receive pay—even after conviction. which often decides to do no more than for our businesses to be able to operate They allow nonmilitary personnel re- hand down a dishonorable discharge, abroad from their most competitive po- siding on military bases who commit unleashing that criminal on civilian sition. Restraining our own companies crimes to escape criminal prosecution. society. This should not be the case. through redundant and unnecessary And they allow military personnel who Mr. President, there should be no geo- complexities in our own Tax Code have committed crimes to be dis- graphical limits to the law. dampens their ability to compete for charged without their criminal records This bill guarantees that a soldier or foreign business. In the end, it only being included in the FBI’s National accompanying civilian abroad, com- hurts our own economy. Crime Information Center system. mitting an illegal act punishable under There are many factors that affect I believe we must close these loop- the United States Code by more than a U.S. world competitiveness—factors holes. year’s imprisonment, will be handed over which we have little control. I Mr. President, under current law, a over to civilian authorities for prosecu- know our international trade nego- soldier sentenced to and awaiting dis- tion under the United States Code. The tiators labor hard to change those fac- honorable discharge, remains on the military should not be able to rid itself tors we can control, such as barriers to taxpayer’s payroll, unless otherwise or- of its criminals at the expense of law foreign markets and existing agree- dered by the military court. While in abiding civilians. These criminals be- ments designed to keep trade free and military custody, that lawbreaker con- long behind bars, not just out of the fair. This is an issue of importance to tinues to collect a paycheck from the service and back in our streets. This me. I have sought to open markets for rest of tax-paying America. bill will keep them out of our streets. many South Dakota products—wheat Mr. President, this simply should not There is a final aspect of this bill in- in Africa, beef in Asia, and pork prod- be the case, in the streets of Cleveland, tended to protect civilian Americans ucts in the former Soviet Union. Seattle, or Denver, when a criminal from the actions of enlisted criminals. While we have had some successes in breaks the law, he is removed from This bill also mandates that when an opening markets, barriers remain. And those streets. When he is allowed to re- enlisted criminal is discharged from I intend to push for open and fair trade turn to those streets, his time in jail the service, the military Secretary will among all of our trading partners. will have cost him a few things. Of turn over to the FBI all the criminal However, we can do more than just course, chief among these things is his records of that soldier for inclusion in open barriers. We can reform our tax loss of freedom for the period of con- the FBI criminal records system. It code in a way that will ensure contin- finement. But he will also not collect a also requires sex offenders who are dis- ued U.S. success in the world economy. paycheck while incarcerated. We do charged from the military to submit a If we miss this opportunity, we risk the not pay and should not pay our pris- DNA sample before discharge so that erosion of U.S. international competi- oners for serving their time in jail. that sample can be included in the tiveness as countries with simple, fa- A Cincinnati man, convicted of rape, FBI’s CODIS system. vorable tax treatment of businesses burglary, and assault by a military tri- Again, Mr. President, this is another lure away American businesses. bunal, later collected something on the way to protect the tax-paying, law- This is a risk that is very real. A re- order of $40,000, after taxes, for serving abiding American from dishonorably cent report by the Financial Execu- out his sentence. A Wright-Patterson discharged criminals. Under current tives Research Foundation found some Air Force Base airman, convicted of law, the criminal histories of these rather shocking declines in U.S. com- molesting a 4-year-old girl, has col- military personnel do not become part petitiveness. This report found that lected an average of $4,700 per month of the National Crime Information over the last three decades, the global while serving out his sentence. Three Center database and the FBI’s CODIS economy has grown more rapidly than years after his confession, he had re- system. This bill will ensure that they our own economy. This is due, in part, ceived $148,616 from the U.S. taxpayers. do.∑ to the recovery of Japan and Europe He even received raises while behind from the aftermath of World War II, By Mr. PRESSLER (for himself, bars. and as a consequence, the United Mr. LOTT, Mr. BAUCUS, Mr. There are many such stories, Mr. States presence in global markets has HATCH, Mr. D’AMATO, Mr. NICK- President. become less prominent. Their findings LES, Mr. GORTON, Mr. HATFIELD, This bill addresses that injustice to comparing the first half of the 1990’s Mr. BURNS and Mrs. MURRAY): the taxpayer. This bill makes that law- with the 1960’s found the U.S. share of breaker serve out the sentence he has S. 2086. A bill to amend the Internal world GDP has declined to 26 percent— earned—at his own expense. It is al- Revenue Code of 1986 to simplify cer- from 40 percent; the U.S. share of ready enough of a burden that the tax- tain rules relating to the taxation of cross-border investment has fallen to payer has to pay for the room and U.S. business operating abroad, and for 25 percent—from 50 percent; and the board of that prisoner during the sen- other purposes; to the Committee on U.S. share of world exports has dropped tence, after he or she already paid Finance. to 12 percent—from 17 percent. In 1960, more than enough to train and keep THE INTERNATIONAL TAX SIMPLIFICATION FOR 18 of the world’s 20 largest corporations that soldier. AMERICAN COMPETITIVENESS ACT were headquartered in the U.S. Today, ∑ The loss of opportunity and earnings Mr. PRESSLER. Mr. President, I am that number is a mere eight. should be something the criminal pays pleased to introduce a bill today that There is a strong correlation between for himself, the taxpayer should not would provide much-needed relief to American corporate competitiveness pay for it. When that soldier breaks the American-owned companies that are overseas and the ability of those com- law—and in doing so, breaks his agree- struggling to compete in the world panies to continue to provide jobs at ment with the taxpayer—that should marketplace. This bill is an attempt to home. A 1991 Council of Economic Ad- be the end of the taxpayer’s respon- simplify the overly complex inter- visors Economic Report to the Presi- sibilities. national tax rules. I wish to thank my dent explained: Once that soldier decides he no fellow cosponsors for their support— longer wants to be a law-abiding cit- In most cases, if U.S. multinational cor- Senators LOTT, BAUCUS, BURNS, porations did not establish affiliates abroad izen, he is on his own, financially and D’AMATO, HATCH, HATFIELD, GORTON, to produce for the local market, they would otherwise. Mr. President, again, we MURRAY, and NICKLES. be too distant to have an effective presence should not pay our criminals for serv- America’s economy is more and more in that market. In addition, companies from ing out their sentences. linked to the success of our businesses other countries would either establish such

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10688 CONGRESSIONAL RECORD — SENATE September 17, 1996 facilities or increase exports to that market. foreign business operations in which it nical correction and simplification bill In effect, it is not really possible to sustain holds at least 10 percent but no more designed to correct inequities in our exports to such markets in the long run. On than 50 percent of the stock. Along Code and to help place U.S. companies a net basis, it is highly doubtful that U.S. di- with creating administrative night- on a level playing field with their for- rect investment abroad reduces U.S. exports or displaces U.S. jobs. Indeed, U.S. direct in- mares for U.S. companies that may eign competitors. Without these cor- vestment abroad stimulates U.S. companies have hundreds of such foreign joint rections, American companies will lose to be more competitive internationally, venture operations, these rules impede ground vis-a-vis their foreign counter- which can generate U.S. exports and jobs. the ability of U.S. companies to com- parts, which will weaken their ability Equally important, U.S. direct investment pete in foreign markets. to operate successfully at home and abroad allows U.S. firms to allocate their re- Today, United States businesses find harm our Nation’s economic potential. sources more efficiently, thus creating it necessary to operate in joint ven- Americans are the most creative and healthier domestic operations, which, in tures overseas, particularly in emerg- turn tend to create jobs. competitive workers in the world, and ing markets such as the People’s Re- releasing them from unnecessary con- Overseas operations are frequently public of China and the former Soviet straints at home will help us maintain necessary to reduce costs of production Union. Such joint ventures are nec- our economic lead in the world market- and transportation, and locating facili- essary often times because U.S. inves- place—guaranteeing quality, high-pay- ties abroad increases brand familiarity. tors face significant local country legal ing jobs at home and a stronger na- Within the United States, export re- and political obstacles to taking a con- tional economy.∑ lated jobs pay on average a signifi- trolling interest in foreign companies. cantly higher wage than non-export re- This is particularly the case for tele- ∑ Mr. D’AMATO. Mr. President, today I lated jobs. All of these factors combine communications companies and other am pleased to join my friend and col- to strengthen the U.S. parent company regulated businesses. While such joint league, Senator PRESSLER, as an origi- and bolster our economy here at home. ventures are thus necessary for U.S. nal cosponsor of the International Tax The compliance costs associated with companies to enter and compete in for- Simplification for American Competi- filing a tax return for overseas business eign markets, our current tax law acts tiveness Act. This important bill will operations of a U.S.-based company are to discourage such operations. begin the process of dismantling tax staggering. My state of South Dakota Our bill would eliminate the needless barriers that hinder American busi- is home to the credit card headquarters administrative hassles of current law nesses who find themselves in an in- of Citibank. In its printed form, the and put U.S.-backed joint ventures on creasingly competitive global market- Federal income tax return form for equal footing with competitors from place. Although American firms have Citibank stands over 9 feet high—tak- other countries by replacing the 10–50 succeeded to date in spite of the cur- ing tens of thousands of hours to com- separate foreign tax credit limitation. rent complexity and unfairness of our plete. The compliance cost burden as- The proposal would provide for so- international tax regime, the added sociated with the foreign source in- called look-through treatment. That is, costs imposed by our tax rules take come taxation rules is disproportionate income from such entities would be their toll. We must move to identify to the amount of tax raised by these computed for purposes of the foreign and eliminate those harmful and un- sections. For example, a 1989 study by tax credit limitation based on the un- necessary provisions that stand in the the University of Michigan Office of derlying character of the income way of a continuing leadership role for Tax Policy Research, quoted in recent earned by such corporations, as is the American business in world markets. Financial Executives Research Foun- case for income earned through con- New York is home to many indus- dation report, states that 39.2 percent trolled foreign corporations. tries that are driven by global competi- of Federal income tax costs are attrib- Another important correction to cur- tion. Industries like the securities and utable to foreign source income, while rent rules relates to Foreign Sales Cor- banking industries, computer and foreign operations represent only 21 poration [FSC] treatment for software. other high technology firms, and percent of assets, 24 percent of sales, Ten years ago we did not have the level countless other businesses in my State and 18 percent of employment. And a of software exports that we do today, must have fair treatment at home in 1993 survey of 17 large multinationals and because the tax laws have not kept order to compete effectively abroad. indicates an even higher percentage of up with the changes in the high-tech- For example, during the last decade Federal income tax compliance costs nology business world, software ex- the securities industry has been trans- are attributable to foreign source in- ports are currently discriminated formed from a largely domestic-ori- come (51 percent)—indicating that against by our own Tax Code. This bill ented industry to an industry in which compliance costs associated with for- would provide a legislative modifica- U.S. and international financial insti- eign source income amount to 8.5 per- tion to the FSC statute to provide the tutions compete against each other in cent of the Federal income tax col- same tax benefits for licenses of com- the principal capital markets around lected from this source. In comparison, puter software as are currently avail- the world. U.S.-based securities firms a European Commission report found able for films, records, and tapes. The are recognized leaders in their industry that among European multinational United States is currently the world worldwide. Maintaining this position is corporations, there is no evidence that leader in software development, em- important not only for these firms, but compliance costs are higher for foreign ploying approximately 400,000 people in also for their U.S. employees and for than domestic source income. high-paying software development and their U.S. customers who benefit from The bill I am introducing today seeks servicing jobs. Much of the growth ex- the innovative products and services to simplify and correct various areas in perienced by this industry is due to in- offered by U.S.-based securities firms. the Code that are unnecessarily re- creased exports. The denial of the bene- straining U.S. businesses. Some fits of the FSC rules to software sold Unfortunately, Mr. President, U.S. changes are areas in need of repair, and overseas ultimately harms the U.S. tax law has failed to keep pace with some changes are to take into consid- economy by constructing an impedi- the rapid changes in the world econ- eration international business oper- ment to the competitiveness of U.S. omy. The international provisions of ations that exist today, but which were manufactured software. If theses ex- the Internal Revenue Code were last domestic-only or nonexistent busi- ports are not given FSC benefits, many substantially debated and revised in nesses when the 1986 tax reform laws of these jobs could eventually move to 1986. And in many cases, our foreign were implemented. other countries. The potential loss of competitors operate under simpler, One of the most substantive and im- these jobs would hurt our economy. My fairer, and more logical tax regimes. portant changes included in the bill bill corrects this inequity. This mismatch between commercial re- would repeal the so-called 10/50 foreign The goal of the international tax ality and the U.S. Tax Code creates a tax credit basket rules that force U.S. simplification for American competi- structural bias against the inter- corporations to calculate separate for- tiveness bill is to give fair tax treat- national activities of U.S. companies. eign tax credit limitations for each of ment to American companies who oper- This cannot and should not be allowed its foreign joint venture businesses— ate abroad. This bill is truly a tech- to continue.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10689 The International Tax Simplification in the global economy while fairly tax- station, a rescue helicopter can load for American Competitiveness Act ac- ing their profits. that diver and immediately depart for knowledges and addresses a number of I look forward to working with the the rescue situation without any delay. problems our tax laws create for Amer- cosponsors of this bill and with the A recent episode in the North Atlan- ican businesses facing increasing glob- members of the Finance Committee tic off Massachusetts amply illustrates al competition. This bill represents an and ultimately with all of my col- how the program this legislation would important step toward correcting com- leagues in restructuring and simpli- establish could make a vital contribu- plexities of the antideferral rules under fying the Tax Code to benefit all of our tion. In the early hours of September 5, subpart F, including their inappro- citizens.∑ the fishing vessel Heather Lynne II car- priate application to active financing rying a crew of three capsized. The res- income of bona fide financial institu- By Mr. KERRY: cue helicopter was unable to bring a tions and the current definition of in- S. 2087. A bill to direct the Secretary diver with it because none was avail- vestment in U.S. property, and exces- of the department in which the Coast able when the emergency call was re- sive limitations on the use of foreign Guard is operating to provide rescue ceived. After reaching the site of the tax credits. diver training under the Coast Guard capsized vessel, and determining that a Mr. President, the U.S. business com- helicopter rescue swimming training diver was needed, the helicopter had to munity has had significant input in the program; to the Committee on Com- return to the mainland to pick up a development of this bill. This proposed merce, Science, and Transportation. diver. A considerable amount of time legislation now will be evaluated and THE RESCUE DIVER TRAINING ACT OF 1996 was lost in this process. studied, and I welcome suggestions for Mr. KERRY. Mr. President, today I The Coast Guard is charged with its further improvement. It is my in- am introducing the Rescue Diver maintaining constant vigilance—to tention, as our analysis progresses, Training Act of 1996. This bill would protect lives and property on our wa- that we include other important issues provide required Congressional author- terways and to enforce our maritime, not currently addressed in the bill, ization for the Coast Guard to expand immigration, antidrug, and other laws. such as the appropriate allocation of its current use of Coast Guard divers to In my judgment, it has performed capa- interest expenses for foreign tax credit form a broader search and rescue mis- bly and honorably throughout its his- purposes, particularly for highly lever- sion application. tory, and Americans should take both aged entities such as securities firms. I want to acknowledge my distin- considerable pride and comfort in that I look forward to working with Sen- guished colleague from Massachusetts, knowledge. Congressman GERRY STUDDS, who is ator PRESSLER on this important bill, It is the Congress’ responsibility to the author of the Coast Guard Rescue and urge my colleagues on both sides provide the Coast Guard with the re- Swimmer Training Program which this to become cosponsors.∑ sources it needs to perform its mis- legislation amends and with whom I ∑ Mr. BAUCUS. Mr. President, I am pleased sions. This legislation will enhance the have worked in developing this legisla- to be a co-sponsor of the bipartisan ‘‘Inter- service’s resources for its search and national Tax Simplification for American tion which he will introduce in the rescue mission, and increase its ability Competitiveness Act.’’ House. to save lives and property. All who use In 1997, Congress will take up tax re- The Coast Guard has used its divers, our waterways and oceans will be safer form. Discussions will range from re- trained at the Naval Diving School in as a result. placing the current system to fixing Panama City, FL, only for salvage op- what we have. Many Montanans ask erations associated with Coast Guard Mr. President, this legislation should me: How should we make taxes fairer aids to navigation and ice-breaking be approved by the Congress as soon as for parents who are raising and edu- missions. This bill would authorize the possible—I hope it will be this year. cating their children, encourage our Coast Guard to develop and implement I ask unanimous consent that the entrepreneurs to create and expand a program to extend the use of these full text of the legislation be printed in their businesses, and encourage all citi- highly trained divers to search and res- the RECORD. zens to save? cue efforts. There being no objection, the bill was Our international tax provisions also Under current search and rescue pro- ordered to be printed in the RECORD, as need reform. The bill we introduce cedures, the Coast Guard will dispatch follows: today is a placeholder to keep inter- a helicopter when a ship is reported to S. 2087 national tax reform on the legislative be in distress or a marine accident is Be it enacted by the Senate and House of Rep- radar screen. reported. When it is anticipated that a resentatives of the United States of America in As you can tell from the list of co- diver may be needed to assist in a res- Congress assembled, sponsors, Mr. President, a number of cue, the Coast Guard uses contract per- SECTION 1. SHORT TITLE. Members have made contributions to sonnel who usually are volunteer po- This Act may be cited as the ‘‘Rescue the bill before us. Am I comfortable licemen, firemen, or local State marine Diver Training Act of 1996.’’. with every provision in the bill as writ- policemen who have had specialized SEC. 2. RESCUE DIVER TRAINING FOR SELECTED ten? No, I’m not. But I am comfortable diver training. A call will be made to COAST GUARD PERSONNEL. every provision in the bill merits our secure the services of a diver, and the The Secretary of the department in which consideration. helicopter will wait to depart until the the Coast Guard is operating may provide The Finance Committee will take up diver reaches its station, or it will fly rescue diver training to selected Coast Guard personnel, under the helicopter rescue swim- tax reform next year. We will consider to another location to pick up the ming program conducted under section 9 of simplification of the international tax diver—all before it flies to the rescue the Coast Guard Authorization Act of 1984 (14 provisions in that context. I hope that scene. This often results in the heli- U.S.C. 88 note). the bill we introduce today will estab- copter being delayed—even if only a lish the parameters from which the Fi- few minutes—in reaching the rescue f nance Committee addresses the need to scene. Sometimes no diver is available simplify our international tax provi- within a reasonable period of time, in ADDITIONAL COSPONSORS sions. We will hear from a number of which case the helicopter proceeds to witnesses ranging from the business the scene with no diver on board. S. 45 community to the Department of The program that this legislation At the request of Mr. FEINGOLD, the Treasury and, no doubt, the language will establish is designed both to speed name of the Senator from Oregon [Mr. before us will undergo change. this process in the realization that, in WYDEN] was added as a cosponsor of S. We live in a global economy, Mr. rescue situations, minutes and even 45, a bill to amend the Helium Act to President. Many businesses in Montana seconds can mean life or death—espe- require the Secretary of the Interior to sell products directly or indirectly into cially in the waters off our northern sell Federal real and personal property that global economy. The international coasts, and to provide a pool of divers held in connection with activities car- tax provisions should be simplified to within the Coast Guard. Where a quali- ried out under the Helium Act, and for make American companies competitive fied diver is available at a Coast Guard other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10690 CONGRESSIONAL RECORD — SENATE September 17, 1996 S. 877 effective action against the production will take appropriate action to combat the At the request of Mrs. HUTCHISON, the of and trafficking in illicit narcotics intolerable religious persecution now victim- name of the Senator from North Caro- and psychotropic drugs and other con- izing fellow believers and those of other faiths’’; lina [Mr. FAIRCLOTH] was added as a co- trolled substances, and for other pur- Whereas the World Evangelical Fellowship sponsor of S. 877, a bill to amend sec- poses. has declared September 29, 1996, and each an- tion 353 of the Public Health Service SENATE RESOLUTION 274 nual last Sunday in September, as an inter- Act to exempt physician office labora- At the request of Mrs. FEINSTEIN, the national day of prayer on behalf of per- tories from the clinical laboratories re- names of the Senator from Washington secuted Christians. That day will be observed quirements of that section. [Mrs. MURRAY], the Senator from by numerous churches and human rights groups around the world; S. 953 North Dakota [Mr. DORGAN], the Sen- Whereas the United States of America At the request of Mr. CHAFEE, the ator from Connecticut [Mr. DODD], the since its founding has been a harbor of refuge name of the Senator from Idaho [Mr. Senator from Kentucky [Mr. FORD], the and freedom to worship for believers from CRAIG] was added as a cosponsor of S. Senator from Montana [Mr. BURNS], John Winthrop to Roger Williams to William 953, a bill to require the Secretary of and the Senator from Massachusetts Penn, and a haven for the oppressed. To this the Treasury to mint coins in com- [Mr. KENNEDY] were added as cospon- day, the United States continues to guar- memoration of black revolutionary war sors of Senate Resolution 274, a resolu- antee freedom of worship in this country for patriots. tion to express the sense of the Senate people of all faiths; Whereas as a part of its commitment to S. 1220 regarding the outstanding achieve- human rights around the world, in the past At the request of Mrs. BOXER, the ments of NetDay96. the United States has used its international name of the Senator from Oregon [Mr. f leadership to vigorously take up the cause of WYDEN] was added as a cosponsor of S. SENATE CONCURRENT RESOLU- other persecuted religious minorities. Unfor- 1220, a bill to provide that Members of tunately, the United States has in many in- TION 71—RELATIVE TO THE PER- stances failed to raise forcefully the issue of Congress shall not be paid during Fed- SECUTION OF CHRISTIANS eral Government shutdowns. anti-Christian persecution at international WORLDWIDE conventions and in bilateral relations with S. 1675 Mr. NICKLES (for himself, Mr. NUNN, offering countries; now, therefore, be it At the request of Mr. BIDEN, the Resolved, That the Senate, the House of Mr. COATS, Mr. ASHCROFT, and Mr. name of the Senator from Massachu- Representatives concurring— HELMS) submitted the following con- setts [Mr. KERRY] was added as a co- (1) unequivocally condemns the egregious current resolution; which was consid- sponsor of S. 1675, a bill to provide for human rights abuses and denials of religious ered and agreed to: the nationwide tracking of convicted liberty to Christians around the world, and sexual predators, and for other pur- S. CON. RES. 71 calls upon the responsible regimes to cease such abuses; and poses. Whereas oppression and persecution of reli- gious minorities around the world has (2) strongly recommends that the Presi- S. 1963 emerged as one of the most compelling dent expand and invigorate the United At the request of Mr. ROCKEFELLER, human rights issues of the day. In par- States’ international advocacy on behalf of the names of the Senator from Idaho ticular, the worldwide persecution and mar- persecuted Christians, and initiate a thor- [Mr. CRAIG] and the Senator from Ne- tyrdom of Christians persists at alarming ough examination of all United States’ poli- cies that affect persecuted Christians; and braska [Mr. EXON] were added as co- levels. This is an affront to the international moral community and to all people of con- (3) encourages the President to proceed for- sponsors of S. 1963, a bill to establish a ward as expeditiously as possible in appoint- demonstration project to study and science. Whereas in many places throughout the ing a White House Special Advisor on reli- provide coverage of routine patient world, Christians are restricted in or forbid- gious persecution; and care costs for Medicare beneficiaries den from practicing their faith, victimized (4) recognizes and applauds a day of prayer with cancer who are enrolled in an ap- by a ‘‘religious apartheid’’ that subjects on Sunday, September 29, 1996, recognizing proved clinical trial program. them to inhumane, humiliating treatment, the plight of persecuted Christians world- wide. S. 1978 and in certain cases are imprisoned, tor- tured, enslaved, or killed; At the request of Mr. DORGAN, the f Whereas severe persecution of Christians is name of the Senator from Alabama also occurring in such countries as Sudan, SENATE RESOLUTION 293—SALUT- [Mr. HEFLIN] was added as a cosponsor Cuba, Morocco, Saudi Arabia, China, Paki- ING THE SERVICE OF HOWARD O. of S. 1978, a bill to establish an Emer- stan, North Korea, Egypt, Laos, Vietnam, GREENE, JR. TO THE U.S. SEN- gency Commission To End the Trade and certain countries in the former Soviet ATE Deficit. Union, to name merely a few; Mr. LOTT (for himself, Mr. DASCHLE, S. 2034 Whereas religious liberty is a universal right explicitly recognized in numerous Mr. STEVENS, Mr. BYRD, Mr. WARNER, At the request of Mr. BREAUX, the international agreements, including the Uni- Mr. SIMPSON, Mrs. KASSEBAUM, Mr. name of the Senator from North Da- versal Declaration of Human Rights and the FORD, Mr. ROCKEFELLER, Mr. LEVIN, kota [Mr. DORGAN] was added as a co- International Covenant on Civil and Polit- Mr. GRASSLEY, Mr. COVERDELL, and Mr. sponsor of S. 2034, a bill to amend title ical Rights; FRIST) submitted the following resolu- XVIII of the Social Security Act to Whereas Pope John Paul II recently sound- tion; which was considered and agreed make certain changes to hospice care ed a call against regimes that ‘‘practice dis- to: under the Medicare Program. crimination against Jews, Christians, and other religious groups, going even so far as S. RES. 293 S. 2040 to refuse them the right to meet in private Whereas Howard O. Green, Jr. has served At the request of Mr. HATCH, the for prayer,’’ declaring that ‘‘this is an intol- the United States Senate since January 1968. names of the Senator from Illinois [Ms. erable and unjustifiable violation not only of Whereas Mr. Greene has during his Senate MOSELEY-BRAUN] and the Senator from all the norms of current international law, career served in the capacities of Door- Pennsylvania [Mr. SPECTER] were but of the most fundamental human free- keeper, Republican Cloakroom Assistant, As- added as cosponsors of S. 2040, a bill to dom, that of practicing one’s faith openly,’’ sistant Secretary for the Minority, Sec- amend the Controlled Substances Act stating that this is for human beings ‘‘their retary for the Minority, Secretary for the to provide a penalty for the use of a reason for living’’; Majority, culminating in his election as Sen- Whereas the National Association of ate Sergeant-at-Arms during the 104th Con- controlled substance with the intent to Evangelicals in January 1996 issued a ‘‘State- gress. rape, and for other purposes. ment of Conscience and Call to Action,’’ sub- Whereas throughout his Senate career Mr. S. 2053 sequently commended or endorsed by the Greene has been a reliable source of advice At the request of Mr. GRASSLEY, the Southern Baptist Convention, the Executive and counsel to Senators and Senate staff name of the Senator from North Caro- Council of the Episcopal Church, and the alike. General Assembly of the Presbyterian Whereas Mr. Greene’s institutional knowl- lina [Mr. HELMS] was added as a co- Church, U.S.A. They pledged to end their edge and legislative skills are well known sponsor of S. 2053, a bill to strengthen ‘‘silence in the face of the suffering of all and respected. narcotics reporting requirements and those persecuted for their religious faith’’ Whereas Mr. Greene’s more than 28 years to require the imposition of certain and ‘‘to do what is in our power to the end of service have been characterized by a deep sanctions on countries that fail to take that the government of the United States and abiding respect for the institution and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10691 customs of the United States Senate: There- THE DEPARTMENT OF THE INTE- prove Flathead Lake. And that brings fore, be it RIOR AND RELATED AGENCIES me to the amendment now before us. Resolved, That the Senate salutes Howard APPROPRIATIONS ACT, 1997 The U.S. Fish and Wildlife Service O. Greene, Jr. for his career of public service has asked the Federal Energy Regu- to the United States Senate and its mem- latory Commission for approval to con- bers. Section 2. The Secretary of the Senate BAUCUS AMENDMENT NO. 5357 struct an 8,700-foot-long retaining wall, shall transmit a copy of this resolution to (Ordered to lie on the table.) at the cost of $10 to $14 million, near Howard O. Greene, Jr. Mr. BAUCUS submitted an amend- the north shore of the lake. In theory, this great wall would pre- f ment intended to be proposed by him to the bill (H.R. 3662) making appro- vent shore erosion and restore water- SENATE RESOLUTION 294—TO priations for the Department of the In- fowl habitat. These are commendable PROVIDE FOR SEVERANCE PAY terior and related agencies for the fis- goals. But the cost of this proposal out- cal year ending September 30, 1997, and weighs any possible benefits. Mr. STEVENS submitted the fol- The view of the lake from the town of for other purposes; as follows: lowing resolution; which was consid- Bigfork, for example, would be ruined. ered and agreed to: At the appropriate place in title I, insert Boaters would see a neo-industrial the following: S. RES. 294 monstrosity instead of a peaceful Resolved, (a) That the individual who was SEC. 1. KERR HYDROELECTRIC PROJECT. shore. It is a bad idea, and my amend- the Sergeant at Arms and Doorkeeper of the For fiscal year 1997 and each fiscal year thereafter, the Secretary of the Interior ment would nip this weed in the bud by Senate on September 1, 1996, and whose serv- prohibiting construction of this wall. ice as the Sergeant at Arms and Doorkeeper shall not recommend that the Federal En- ergy Regulatory Commission impose, and Frankly, the Fish and Wildlife Serv- of the Senate terminated on or after Sep- ice doesn’t need to mandate lowering tember 1, 1996 but prior to September 6, 1996, the Commission shall not impose, as a condi- shall be entitled to one lump sum payment tion to the modification of the Kerr Hydro- the level of Flathead Lake. And it consisting of severance pay in an amount electric Project (FERC Project No. 5–021), a doesn’t need to mandate a big concrete equal to two months of the individual’s basic requirement to construct offshore revetment slab in the lake to stem shoreline ero- pay at the rate such individual was paid on structures in Flathead Lake, Montana. sion. If erosion is proven to be an ongo- September 1, 1996. ∑ Mr. BAUCUS. Mr. President; I sub- ing and significant problem, the Fish (b) The Secretary of the Senate shall make mit an amendment to H.R. 3662, the fis- and Wildlife Service needs to find un- payments under this resolution from funds cal year 1997 Interior appropriations obtrusive remedial measures that re- appropriated for fiscal year 1996 from the ap- bill. spect Flathead Lake and the people propriation account ‘‘Miscellaneous Items’’ From 1961 to his retirement from the within the contingent fund of the Senate. who enjoy it. (c) A payment under this resolution shall Senate in 1977, Montana’s Mike Mans- I believe this is just simple common not be treated as compensation for purposes field served as Senate majority leader. sense. One Great Wall of China is plen- of any provision of title 5, United States It was the longest term as majority ty. None of us will ever improve on Code, or of any other law relating to benefits leader in American history. what the Good Lord did when he cre- accruing from employment by the United During these years, the Senate ated Flathead Lake. Let us admit that States, and the period of entitlement to such passed the Voting Rights Act, created right now and pass this amendment. ∑ pay shall not be treated as a period of em- Medicare, passed the Clean Air and f ployment for purposes of any such provision Clean Water Acts, debated the Cuban of law. THE FEDERAL AVIATION missile crisis and the war in Vietnam. REAUTHORIZATION ACT OF 1996 f On all these issues and more, Mike was a respected national leader. AMENDMENTS SUBMITTED Yet when Mike was asked to reflect HEFLIN AMENDMENT NO. 5358 back on his years in the Senate and (Ordered to lie on the table.) identify his single proudest accom- Mr. HEFLIN submitted an amend- THE INTELLIGENCE AUTHORIZA- plishment, he responded, ‘‘saving Flat- TION ACT FOR FISCAL YEAR 1997 ment intended to be proposed by him head Lake from the Army Corps of En- to the bill (S. 1994) to amend title 49, gineers.’’ United States Code, to reauthorize pro- If you don’t know Montana; and you grams of the Federal Aviation Admin- SPECTER (AND KERREY) don’t know Flathead Lake; and you AMENDMENT NO. 5355 istration, and for other purposes; as don’t know Mike Mansfield, this an- follows: Mr. SPECTER (for himself and Mr. swer may come as a surprise. But for At the appropriate place, insert the fol- KERREY) proposed an amendment to those of us who know all three, this is lowing: the bill (S. 1718) to authorize appropria- perfectly easy to understand. SEC. 409. GADSDEN AIR DEPOT, ALABAMA. tions for fiscal year 1997 for intel- Located in western Montana, be- (a) AUTHORITY TO GRANT WAIVERS.—Not- ligence and intelligence-related activi- tween Missoula and Kalispell, Flathead withstanding section 16 of the Federal Air- ties of the U.S. Government, the com- Lake is the largest fresh water lake in port Act (as in effect on May 4, 1949), the munity management account, and for the United States, outside of the Great Secretary is authorized, subject to the provi- the Central Intelligence Agency Re- Lakes. Surrounded by the Mission sions of section 47153 of title 49, United tirement and Disability System, and Mountains and the Swan Range to the States Code, and the provisions of subsection (b) of this section, to waive any of the terms for other purposes; as follows: west, it is a place of spectacular beau- contained in the deed of conveyances dated On page 72 strike out line 14 and all that ty. May 4, 1949, under which the United States follows through page 73, line 9. And it is also a place that is very conveyed certain property to the city of much a part of so many Montanans— Gadsden, Alabama, for airport purposes. including this Senator. From boating, (b) CONDITIONS.—Any waiver granted under THURMOND (AND NUNN) subsection (a) shall be subject to the fol- AMENDMENT NO. 5356 water skiing, fishing, or just sitting around a bonfire along the Lake’s lowing conditions: Mr. SPECTER (for Mr. THURMOND, (1) The city of Gadsden, Alabama, shall shore, Flathead Lake is a very special agree that, in conveying any interest in the for himself and Mr. NUNN) proposed an Montana place. amendment to the bill, S. 1718, supra; property which the United States conveyed The corps had a plan to radically to the city by a deed described in subsection as follows: raise the level of this lake, trans- (a), the city will receive an amount for such On page 52, beginning on line 18, strike out forming it forever and drowning many interest which is equal to the fair market ‘‘shall manage’’ and all that follows through of the coves, shorelines, and fishing value (as determined pursuant to regulations page 52, line 23, and insert in lieu thereof spots Montanans know so well. Mon- issued by the Secretary). ‘‘shall assist the Director of Central Intel- (2) Any such amount so received by the ligence in carrying out the Director’s collec- tanans liked it just the way it was— city shall be used by the city for the develop- tion responsibilities in order to ensure the and we still do today. ment, improvement, operation, or mainte- efficient and effective collection of national Yet some folks outside Montana just nance of (A) a public airport, or (B) lands (in- intelligence.’’’. don’t get it. They think they can im- cluding any improvements thereto) which

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10692 CONGRESSIONAL RECORD — SENATE September 17, 1996 produce revenues that are used for airport Sec. 302. Family advocacy. Sec. 672. Purposes. development purposes. Sec. 303. Accident and safety data classifica- Sec. 673. User fees for various Federal Avia- Conform the table of contents of the bill ac- tion; report on effects of publi- tion Administration services. cordingly. cation and automated surveil- Sec. 674. Independent assessment and task lance targeting systems. force to review existing and in- Sec. 304. Weapons and explosive detection novative funding mechanisms. REID AMENDMENT NO. 5359 study. Sec. 675. Procedure for consideration of cer- (Ordered to lie on the table.) Sec. 305. Requirement for criminal history tain funding proposals. Mr. REID submitted an amendment records checks. Sec. 676. Administrative provisions. intended to be proposed by him to the Sec. 306. Interim deployment of commer- Sec. 677. Advance appropriations for Airport and Airway Trust Fund activi- bill, S. 1994, supra; as follows: cially available explosive detec- tion equipment. ties. At the appropriate place, insert the fol- Sec. 307. Audit of performance of back- Sec. 678. Rural Air Service Survival Act. lowing new section: ground checks for certain per- TITLE VII—PILOT RECORDS SEC. . SENSE OF THE SENATE. sonnel. Sec. 701. Short title. (a) FINDINGS.—The Senate finds that— Sec. 308. Sense of the Senate on passenger Sec. 702. Employment investigations of pilot (1) there has been an intensification in the profiling. applicants. oppression and disregard for human life Sec. 309. Authority to use certain funds for Sec. 703. Study of minimum standards for among nations that are willing to export ter- airport security programs and pilot qualifications. rorism: activities. TITLE VIII—ABOLITION OF BOARD OF (2) there has been an increase in attempts Sec. 310. Development of aviation security REVIEW by criminal terrorists to murder airline pas- liaison agreement. sengers through the destruction of civilian Sec. 311. Regular joint threat assessments. Sec. 801. Abolition of Board of Review and airliners and the deliberate fear and death Sec. 312. Baggage match report. related authority. inflicted through bombings of buildings and Sec. 313. Enhanced security programs. Sec. 802. Sense of the Senate. the kidnapping of tourists and Americans re- Sec. 314. Report on air cargo. Sec. 803. Conforming amendments in other law. siding abroad; and TITLE IV—MISCELLANEOUS POVISIONS (3) information widely available dem- Sec. 804. Definitions. Sec. 401. Acquisition of housing units. Sec. 805. Increase in number of Presi- onstrates that a significant portion of inter- Sec. 402. Protection of voluntarily sub- dentially appointed members of national terrorist activity is state-spon- mitted information. Board. sored, -organized, -condoned, or -directed. Sec. 403. Application of FAA regulations. Sec. 806. Reconstituted Board to function (b) SENSE OF THE SENATE.—It is the sense Sec. 404. Sense of the Senate regarding the without interruption. of the Senate that if evidence establishes be- funding of the Federal Aviation Sec. 807. Operational slots at National Air- yond a clear and reasonable doubt that any Administration. port. act of hostility towards any United States Sec. 405. Authorization for State-specific Sec. 808. Airports authority support of citizen was an act of international terrorism safety measures. Board. sponsored, organized, condoned, or directed Sec. 406. Sense of the Senate regarding the by any nation, a state of war should be con- TITLE IX—AIRPORT REVENUE air ambulance exemption from PROTECTION sidered to exist or to have existed between certain Federal excise taxes. the United States of America and that na- Sec. 901. Short title. Sec. 407. FAA safety mission. Sec. 902. Findings; purpose. tion, beginning as of the moment that the Sec. 408. Carriage of candidates in State and act of aggression occurs. Sec. 903. Definitions. local elections. Sec. 904. Restriction on use of airport reve- Sec. 409. Train whistle requirements. nues. PRESSLER (AND OTHERS) Sec. 410. Limitation on authority of States Sec. 905. Regulations; audits and account- AMENDMENT NO. 5360 to regulate gambling devices on ability. vessels. Mr. MCCAIN (for Mr. PRESSLER, for Sec. 906. Conforming amendments to the In- TITLE V—COMMERCIAL SPACE LAUNCH ternal Revenue Code of 1986. himself, Mr. MCCAIN, Mr. HOLLINGS, ACT AMENDMENTS SEC. 2. AMENDMENTS TO TITLE 49, UNITED Mr. FORD, and Mr. STEVENS) proposed Sec. 501. Commercial space launch amend- STATES CODE. an amendment to the bill, S. 1994, ments. Except as otherwise specifically provided, supra; as follows: TITLE VI—AIR TRAFFIC MANAGEMENT whenever in this Act an amendment or re- Strike out all after the enacting clause and SYSTEM PERFORMANCE IMPROVE- peal is expressed in terms of an amendment insert the following: MENT ACT to, or repeal of, a section or other provision of law, the reference shall be considered to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 601. Short title. (a) SHORT TITLE.—This Act may be cited as be made to a section or other provision of Sec. 602. Definitions. title 49, United States Code. the ‘‘Federal Aviation Reauthorization Act Sec. 603. Effective date. of 1996’’. TITLE I—REAUTHORIZATION OF FAA Subtitle A—General Provisions (b) TABLE OF CONTENTS. PROGRAMS Sec. 621. Findings. Sec. 1. Short title; Table of contents. SEC. 101. FEDERAL AVIATION ADMINISTRATION Sec. 2. Amendments to title 49, United Sec. 622. Purposes. OPERATIONS. Sec. 623. Regulation of civilian air transpor- States Code. (a) AUTHORIZATION OF APPROPRIATIONS tation and related services by FROM GENERAL FUND.—Section 106(k) is TITLE I—REAUTHORIZATION OF FAA the Federal Aviation Adminis- PROGRAMS amended— tration and Department of (1) by striking ‘‘and’’ after ‘‘1995,’’; and Sec. 101. Federal Aviation Administration Transportation. (2) by inserting before the period at the end operations. Sec. 624. Regulations. the following: ‘‘, and $5,000,000,000 for fiscal Sec. 102. Air navigation facilities. Sec. 625. Personnel and services. year 1997.’’. Sec. 103. Research and development. Sec. 626. Contracts. (b) AUTHORIZATION OF APPROPRIATIONS Sec. 104. Airport improvement program. Sec. 627. Facilities. FROM TRUST FUND.—Section 48104(b) is Sec. 105. Interaccount flexibility. Sec. 628. Property. amended— TITLE II—AIRPORT IMPROVEMENT Sec. 629. Transfers of funds from other Fed- (1) in the subsection heading by striking PROGRAM MODIFICATIONS eral agencies. ‘‘FOR FISCAL YEARS 1993’’; and Sec. 201. Pavement maintenance program. Sec. 630. Management Advisory Council. (2) by striking the phrase ‘‘for fiscal year Sec. 202. Maximum percentages of amount Sec. 631. Aircraft engine standards. 1993’’. made available for grants to Sec. 632. Rural air fare study. (c) CLERICAL AMENDMENT.—Section 48108 is certain primary airports. Subtitle B—Federal Aviation Administration amended by striking subsection (c). Sec. 203. Discretionary fund. Streamlining Programs SEC. 102. AIR NAVIGATION FACILITIES. Sec. 204. Designating current and former Sec. 651. Review of acquisition management Section 48101(a) is amended by adding at military airports. system. the end the following: Sec. 205. State block grant program. Sec. 652. Air traffic control modernization ‘‘(5) For the fiscal years ending September Sec. 206. Access to airports by intercity reviews. 30, 1991–1997, $17,929,000,000.’’. buses. Sec. 653. Federal Aviation Administration SEC. 103. RESEARCH AND DEVELOPMENT. TITLE III—AIRPORT SAFETY AND personnel management system. Section 48102(a) is amended by striking SECURITY Sec. 654. Conforming amendment. ‘‘title:’’ and all that follows through the end Sec. 301. Report including proposed legisla- Subtitle C—System To Fund Certain Federal of the subsection, and inserting the fol- tion on funding for airport se- Aviation Administration Functions lowing: ‘‘title, $206,000,000 for fiscal year curity. Sec. 671. Findings. 1997.’’.

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SEC. 104. AIRPORT IMPROVEMENT PROGRAM. (1) USE OF AIP GRANTS.—Section 47102(3) is ‘‘(a) GENERAL REQUIREMENTS.—The Sec- (a) AUTHORIZATION OF APPROPRIATIONS.— amended— retary of Transportation shall designate cur- Section 48103 is amended— (A) in subparagraph (E) by inserting ‘‘or rent or former military airports for which (1) by striking ‘‘and $21,958,500,000’’ and in- under section 40117’’ before the period at the grants may be made under section serting ‘‘$19,200,500,000’’; and end; and 47117(e)(1)(E) of this title. The maximum (2) by inserting before the period at the end (B) in subparagraph (F) by striking ‘‘paid number of airports bearing such designation the following: ‘‘, $21,480,500,000 for fiscal for by a grant under this subchapter and’’. at any time is 12. The Secretary may only so years ending before October 1, 1997.’’ (2) USE OF PASSENGER FACILITY CHARGES.— designate an airport (other than an airport (b) OBLIGATIONAL AUTHORITY.—Section Section 40117(a)(3) is amended— so designated before August 24, 1994) if— 47104(c) is amended by striking ‘‘1996’’ and in- (A) by inserting ‘‘and’’ at the end of sub- ‘‘(1) the airport is a former military instal- serting ‘‘1997’’. paragraph (D); lation closed or realigned under— SEC. 105. INTERACCOUNT FLEXIBILITY. (B) by striking ‘‘; and’’ at the end of sub- ‘‘(A) section 2687 of title 10; Section 106 is amended by adding at the paragraph (E) and inserting a period; and ‘‘(B) section 201 of the Defense Authoriza- end the following new subsection: (C) by striking subparagraph (F). tion Amendments and Base Closure and Re- ‘‘(l) INTERACCOUNT FLEXIBILITY.— (c) CONFORMING AMENDMENT.—The chapter alignment Act (10 U.S.C. 2687 note); or ‘‘(1) Except as provided in paragraph (2), analysis for subchapter I of chapter 471 is ‘‘(C) section 2905 of the Defense Base Clo- the Administrator may transfer budget au- amended by inserting after the item relating sure and Realignment Act of 1990 (10 U.S.C. thority derived from trust funds among ap- to section 47131 the following new item: 2687 note); or propriations authorized by subsection (k) ‘‘47132. Pavement maintenance.’’. ‘‘(2) the Secretary finds that such grants would— and sections 48101 and 48102, if the aggregate SEC. 202. MAXIMUM PERCENTAGES OF AMOUNT estimated outlays in such accounts in the MADE AVAILABLE FOR GRANTS TO ‘‘(A) reduce delays at an airport with more fiscal year in which the transfers are made CERTAIN PRIMARY AIRPORTS. than 20,000 hours of annual delays in com- will not be increased as a result of such Section 47114 is amended by adding at the mercial passenger aircraft takeoffs and land- transfer. end thereof the following: ings; or ‘‘(2) The transfer of budget authority under ‘‘(g) SLIDING SCALE.— ‘‘(B) enhance airport and air traffic control paragraph (1) may be made only to the ex- ‘‘(1) Notwithstanding any other provision system capacity in a metropolitan area or tent that outlays do not exceed the aggre- of this title, of the amount newly made reduce current and projected flight delays.’’. gate estimated outlays. available under section 48103 of this title for (b) ADDITIONAL DESIGNATION PERIODS.— ‘‘(3) A transfer of budget authority under fiscal year 1997 to make grants, not more Section 47118(d) is amended by striking ‘‘des- paragraph (1) may not result in a net de- than the percentage of such amount newly ignation.’’ and inserting ‘‘designation, and crease of more than 5 percent, or a net in- made available that is specified in paragraph for subsequent 5-fiscal-year periods if the crease of more than 10 percent, in the budget (2) shall be distributed in total in such fiscal Secretary determine that the airport satis- authority available under any appropriation year for grants described in paragraph (3). fies the designation criteria under sub- involved in that transfer. ‘‘(2) If the amount newly made available section (a) at the beginning of each such sub- ‘‘(4) Any action taken pursuant to this sec- is— sequent 5-fiscal-year period.’’. tion shall be treated as a reprogramming of ‘‘(A) not more than $1,150,000,000, then the (c) PARKING LOTS, FUEL FARMS, AND UTILI- funds that is subject to review by the appro- percentage is 47.0; TIES.—Subsection (f) of section 47118 is priate committees of the Congress. ‘‘(B) more than $1,150,000,000 but not more amended by striking ‘‘the fiscal years ending ‘‘(5) The Administrator may transfer budg- than $1,250,000,000, then the percentage is September 30, 1993–1996,’’ and inserting ‘‘for et authority pursuant to this section only 46.0; fiscal years beginning after September 30, after— ‘‘(C) more than $1,250,000,000 but not more 1992,’’. ‘‘(A) submitting a written explanation of than $1,350,000,000, then the percentage is (d) ONE-YEAR EXTENSION.—Section the proposed transfer to the Committees on 45.4; 47117(e)(1)(E) is amended by striking ‘‘and Transportation and Infrastructure and Ap- ‘‘(D) more than $1,350,000,000 but not more 1996,’’ and inserting ‘‘1996, and 1997,’’. propriations of the House of Representatives than $1,450,000,000, then the percentage is SEC. 205. STATE BLOCK GRANT PROGRAM. and the Committees on Commerce, Science, 44.8; or (a) PARTICIPATING STATES.—Section and Transportation and Appropriations of ‘‘(E) more than $1,450,000,000 but not more 47128(b) is amended— the Senate; and than $1,550,000,000, then the percentage is (1) by striking paragraph (2); ‘‘(B) 30 days have passed after the expla- 44.3. (2) by redesignating subparagraphs (A) nation is submitted and none of the commit- ‘‘(3) This subsection applies to the aggre- through (E) of paragraph (1) as paragraphs tees notifies the Administrator in writing gate amount of grants in a fiscal year for (1) through (5), respectively; and that it objects to the proposed transfer with- projects at those primary airports that each (3) by striking ‘‘(1) A State’’ and inserting in the 30 day period.’’. have not less than 0.25 per centum of the ‘‘A State’’. (b) USE OF STATE PRIORITY SYSTEM.—Sec- TITLE II—AIRPORT IMPROVEMENT total passenger boardings in the United tion 47128(c) is amended by adding at the end PROGRAM MODIFICATIONS States in the preceding calendar year.’’. SEC. 203. DISCRETIONARY FUND. the following: ‘‘In carrying out this sub- SEC. 201. PAVEMENT MAINTENANCE PROGRAM. Section 47115 is amended— section, the Secretary shall permit a State (a) PAVEMENT MAINTENANCE.—Chapter 471 (1) by striking ‘‘and’’ at the end of sub- to use the priority system of the State if is amended by adding the following section section (d)(2); and inserting a comma and the such system is not inconsistent with the na- at the end of subchapter I: following: ‘‘, including, in the case of a tional priority system.’’. ‘‘§ 47132. Pavement maintenance project at a reliever airport, the number of (c) CHANGE OF EXPIRATION DATE.—Section 47128(d) is amended by striking ‘‘1996’’ and ‘‘(a) IN GENERAL.—The Administrator of operations projected to be diverted from a the Federal Aviation Administration shall primary airport to that reliever airport as a inserting ‘‘1997’’. issue guidelines to carry out a pavement result of the project, as well as the cost sav- SEC. 206. ACCESS TO AIRPORTS BY INTERCITY maintenance pilot project to preserve and ings projected to be realized by users of the BUSES. extend the useful life of runways, taxiways, local airport system; and’’. Section 47107(a) is amended— and aprons at airports for which apportion- (2) by redesignating paragraph (3) of sub- (1) by striking ‘‘and’’ at the end of para- ments are made under section 47114(d). The section (d) as paragraph (4), and by inserting graph (18); regulations shall provide that the Adminis- after paragraph (2) of that subsection the fol- (2) by striking the period at the end of trator may designate not more than 10 lowing: paragraph (19) and inserting ‘‘; and’’; and projects. The regulations shall provide cri- ‘‘(3) the airport improvement priorities of (3) by adding at the end the following: teria for the Administrator to use in choos- the States, and regional offices of the Ad- ‘‘(20) the airport owner or operator will ing the projects. At least 2 such projects ministration, to the extent such priorities permit, to the maximum extent practicable, must be in States without a primary airport are not in conflict with paragraphs (1) and (2) intercity buses or other modes of transpor- that had 0.25 percent or more of the total of this subsection; and’’; tation to have access to the airport, but the boardings in the United States in the pre- (3) by redesignating the second subsection sponsor does not have any obligation under ceding calendar year. In designating a (f) as subsection (g); and this paragraph, or because of it, to fund spe- project, the Administrator shall take into (4) by adding at the end the following: cial facilities for intercity bus service or for consideration geographical, climatological, ‘‘(h) PRIORITY FOR LETTERS OF INTENT.—In other modes of transportation.’’. and soil diversity. making grants in a fiscal year with funds TITLE III—AIRPORT SAFETY AND ‘‘(b) EFFECTIVE DATE.—This section shall made available under this section, the Sec- SECURITY be effective beginning on the date of enact- retary shall fulfill intentions to obligate SEC. 301. REPORT INCLUDING PROPOSED LEGIS- ment of the Federal Aviation Reauthoriza- under section 47110(e).’’ LATION ON FUNDING FOR AIRPORT tion Act of 1996 and ending on September 30, SEC. 204. DESIGNATING CURRENT AND FORMER SECURITY. 1999.’’. MILITARY AIRPORTS. (a) IN GENERAL.—Not later than 30 days (b) COMPLIANCE WITH FEDERAL MAN- (a) GENERAL REQUIREMENTS.—Section after the date of enactment of this Act, the DATES.— 47118(a) is amended to read as follows: Administrator shall conduct a study and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10694 CONGRESSIONAL RECORD — SENATE September 17, 1996 submit to the Congress a report on whether, issue guidelines for the implementation of The Board shall respond to any request made and if so, how to transfer certain responsibil- the program established by the Board under by the Administrator under this section not ities of air carriers under Federal law for se- section 1136 of title 49, United States Code, later than 90 days after receiving that re- curity activities conducted onsite at airports as added by subsection (a). quest. to airport operators who are subject to sec- (c) CONFORMING AMENDMENT.—The chapter ‘‘(c) PRESENTATION OF FINAL CLASSIFICA- tion 44903 of title 49, United States Code, or analysis for subchapter III of chapter 11 of TIONS TO THE INTERNATIONAL CIVIL AVIATION to the Federal Government or providing for title 49, United States Code, is amended by ORGANIZATION.—Not later than 90 days after shared responsibilities between air carriers adding at the end the following: final classifications are issued under sub- and airport operators or the Federal Govern- ‘‘1136. Family advocacy.’’. section (b)(3), the Administrator shall— ment. ‘‘(1) present to the International Civil SEC. 303. ACCIDENT AND SAFETY DATA CLASSI- Aviation Organization the final classifica- (b) CONTENTS OF REPORT.—The report sub- FICATION; REPORT ON EFFECTS OF mitted under this section shall— PUBLICATION AND AUTOMATED tion system developed under this section; (1) examine potential sources of Federal SURVEILLANCE TARGETING SYS- and and non-Federal revenue that may be used to TEMS. ‘‘(2) seek the adoption of that system by fund security activities including but not (a) ACCIDENT AND SAFETY DATA CLASSIFICA- the International Civil Aviation Organiza- limited to providing grants from funds re- TION.— tion.’’. ceived as fees collected under a fee system (1) IN GENERAL.—Subchapter II of chapter (2) CONFORMING AMENDMENT.—The chapter established under subpart C of this title and 11 of title 49, United States Code, is amended analysis for subchapter II of chapter 11 of the amendments made by that subpart; and by adding at the end the following new sec- title 49, United States Code, is amended by (2) provide legislative proposals, if nec- tion: adding at the end the following new item: essary, for accomplishing the transfer of re- ‘‘§ 1119. Accident and safety data classifica- ‘‘1119. Accident and safety data classification sponsibilities referred to in subsection (a). tion and publication and publication.’’. (c) CERTIFICATION OF SCREENING COMPA- UTOMATED URVEILLANCE ARGETING ‘‘(a) IN GENERAL.—Not later then 90 days (b) A S T NIES.—The Federal Aviation Administration after the date of enactment of this section, SYSTEMS.—Section 44713 is amended by add- is directed to certify companies providing se- the National Transportation Safety Board ing at the end the following new subsection: curity screening and to improve the training (hereafter in this section referred to as the ‘‘(e) AUTOMATED SURVEILLANCE TARGETING and testing of security screeners through de- ‘Board’) shall, in consultation and coordina- SYSTEMS.— velopment of uniform performance standards ‘‘(1) IN GENERAL.—The Administrator shall tion with the Administrator of the Federal for providing security screening services. give high priority to developing and deploy- Aviation Administration (hereafter in this ing a fully enhanced safety performance SEC. 302. FAMILY ADVOCACY. section referred to as the ‘Administrator’), analysis system that includes automated (a) IN GENERAL.—Subchapter III of chapter develop a system for classifying air carrier surveillance to assist the Administrator in 11 of title 49, United States Code, is amended accident and pertinent safety data main- prioritizing and targeting surveillance and by adding at the end the following new sec- tained by the Board. inspection activities of the Federal Aviation tion: ‘‘(b) REQUIREMENTS FOR CLASSIFICATION Administration. ‘‘§ 1136. Family advocacy SYSTEM.— ‘‘(2) DEADLINES FOR DEPLOYMENT.— N GENERAL ‘‘(a) IN GENERAL.—The National Transpor- ‘‘(1) I .—The system developed ‘‘(A) INITIAL PHASE.—The initial phase of tation Safety Board shall establish a pro- under this section shall provide for the clas- the operational deployment of the system gram consistent with its existing authority sification of accident and safety data in a developed under this subsection shall begin to provide family advocacy services for air- manner that, in comparison to the system in not later than December 31, 1997. craft accidents described in subsection (b)(1) effect on the date of enactment of this sec- ‘‘(B) FINAL PHASE.—The final phase of field and serve as the lead agency in coordinating tion, provides for— deployment of the system developed under the provision of the services described in ‘‘(A) safety-related categories that provide this subsection shall begin not later than De- subsection (b). The National Transportation clearer descriptions of the passenger safety cember 31, 1999. By that date, all principal Safety Board shall, as necessary, in carrying effects associated with air transportation; operations and maintenance inspectors of out the program, cooperate with the Sec- ‘‘(B) clearer descriptions of passenger safe- the Administration, and appropriate super- retary of Transportation, the Administrator ty concerns associated with air transpor- visors and analysts of the Administration of the Federal Aviation Administration, and tation accidents; and shall have been provided access to the nec- such other public and private organizations ‘‘(C) a report to the Congress by the Board essary information and resources to carry as may be appropriate. that describes methods for accurately in- out the system. ‘‘(b) FAMILY ADVOCACY SERVICES.— forming the public of the concerns referred ‘‘(3) INTEGRATION OF INFORMATION.—In de- ‘‘(1) IN GENERAL.—The National Transpor- to in subparagraph (B) through regular re- veloping the system under this section, the tation Safety Board shall work with an air porting of accident and safety data obtained Administration shall consider the near-term carrier involved in an accident in air com- through the system developed under this sec- integration of accident and incident data merce and facilitate the procurement by tion. into the safety performance analysis system that air carrier of the services of family ad- ‘‘(2) PUBLIC COMMENT.—Upon developing a under this subsection.’’. vocates who are not otherwise employed by system of classification under paragraph (1), SEC. 304. WEAPONS AND EXPLOSIVE DETECTION an air carrier and who are not employed by the Board shall provide adequate oppor- STUDY. the Federal Aviation Administration to, in tunity for public review and comment. (a) IN GENERAL.—The Administrator of the the event of an accident in air commerce— ‘‘(3) FINAL CLASSIFICATION.—After pro- Federal Aviation Administration (hereafter ‘‘(A) apply standards of conduct specified viding for public review and comment, and in this section referred to as the ‘‘Adminis- by the National Transportation Safety after consulting with the Administrator, the trator’’) shall enter into an arrangement Board; Board shall issue final classifications. The with the Director of the National Academy ‘‘(B) to the extent practicable, direct and Board shall ensure that air travel accident of Sciences (or if the National Academy of facilitate all communication among air car- and safety data covered under this section is Sciences is not available, the head of another riers, surviving passengers, families of pas- classified in accordance with the final classi- equivalent entity) to conduct a study in ac- sengers, news reporters, the Federal Govern- fications issued under this section for data cordance to this section. ment, and the governments of States and po- for calendar year 1997, and for each subse- (b) PANEL OF EXPERTS.— litical subdivisions thereof; quent calendar year. (1) IN GENERAL.—In carrying out a study ‘‘(C) coordinate with a representative of ‘‘(4) REPORT ON THE EFFECTS ASSOCIATED under this section, the Director of the Na- the air carrier to jointly direct the notifica- WITH PUBLICATION OF AIR TRANSPORTATION AC- tional Academy of Sciences (or the head of tion of the next of kin of victims of the acci- CIDENT AND SAFETY INFORMATION.— another equivalent entity) shall establish a dent; and ‘‘(A) IN GENERAL.—Not later than the date panel (hereinafter in this section as the ‘‘(D) carry out such other related duties as specified in subsection (a), the Board shall ‘‘panel’’). the National Transportation Safety Board prepare and submit to the Congress a report (2) EXPERTISE.—Each member of the panel determines to be appropriate. on the effects and potential of the publica- established under this subsection shall have ‘‘(2) DEFINITIONS.—For purposes of this sub- tion of air transportation accident safety in- expertise in weapons and explosive detection section, the following definitions shall apply: formation. technology, security, air carrier and airport ‘‘(A) AIR CARRIER.—The term ‘air carrier’ ‘‘(B) CONTENT AND FORM OF REPORT.—The operations, or another appropriate area. The has the meaning provided that term in sec- report prepared under this paragraph shall Director of the National Academy of tion 40102(a)(2). include recommendations concerning the Sciences (or the head of another equivalent ‘‘(B) FAMILY ADVOCATE.—The term ‘family adoption or revision of requirements for re- entity) shall ensure that the panel has an ap- advocate’ shall have the meaning provided porting accident and safety data. propriate number of representatives of the that term by the National Transportation ‘‘(5) RECOMMENDATIONS OF THE ADMINIS- areas specified in the preceding sentence. Safety Board by regulation.’’. TRATOR.—The Administrator may, from time (c) STUDY.—The panel established under (b) GUIDELINES.—Not later than 90 days to time, request the Board to consider revi- subsection (b), in consultation with the Na- after the date of enactment of this Act, the sions (including additions to the classifica- tional Science and Technology Council, rep- National Transportation Safety Board shall tion system developed under this section). resentatives of appropriate Federal agencies,

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and appropriate members of the private sec- (b) APPLICABILITY.—The amendment made ministrator of the Federal Aviation Admin- tor, shall— by subsection (a)(3) shall apply to individ- istration and the Director of the Federal Bu- (1) assess the weapons and explosive detec- uals hired to perform functions described in reau of Investigation, shall enter into an tion technologies that are available at the section 44936(a)(1)(B) of title 49, United interagency agreement providing for the es- time of the study that are capable of being States Code, after the date of the enactment tablishment of an aviation security liaison effectively deployed in commercial aviation; of this Act, except that the Administrator at existing appropriate Federal agencies’ (2) determine how the technologies re- may, as the Administrator determines to be field offices in or near cities served by a des- ferred to in paragraph (1) may more effec- appropriate, require such employment inves- ignated high-risk airport. tively be used for promotion and improve- tigations or criminal history records checks SEC. 311. REGULAR JOINT THREAT ASSESS- ment of security at airport and aviation fa- for individuals performing those functions on MENTS. cilities and other secured areas; and the date of enactment of this Act. Nothing in The Administrator of the Federal Aviation (3) on the basis of the assessments and de- section 44936 of title 49, United States Code, Administration and the Director of the Fed- terminations made under paragraphs (1) and as amended by subsection (a) precludes the eral Bureau of Investigation shall carry out (2), identify the most promising technologies Administration from permitting the employ- joint threat and vulnerability assessments for the improvement of the efficiency and ment of an individual on an interim basis on security every 3 years, or more fre- cost-effectiveness of weapons and explosive while employment or criminal history record quently, as necessary, at airports determined detection. checks required by that section are being to be high risk. (d) COOPERATION.—The National Science conducted. SEC. 312. BAGGAGE MATCH REPORT. and Technology Council shall take such ac- SEC. 306. INTERIM DEPLOYMENT OF COMMER- Within 30 days after the completion of the tion as may be necessary to facilitate, to the CIALLY AVAILABLE EXPLOSIVE DE- passenger bag match pilot program rec- maximum extent practicable and upon re- TECTION EQUIPMENT. ommended by the Vice President’s Commis- quest of the Director of the National Acad- Section 44913(a) is amended— sion on Aviation Security, the Adminis- emy of Sciences (or the head of another (1) by redesignating paragraph (3) as para- trator shall submit a report to Congress on equivalent entity), the cooperation of rep- graph (4); and the safety effectiveness and operational ef- resentatives of appropriate Federal agencies, (2) by inserting after paragraph (2) the fol- fectiveness of the pilot program. The report as provided for in subsection (c), in providing lowing: shall also assess the extent to which imple- ‘‘(3) Until such time as the Administrator the panel, for the study under this section— mentation of baggage match requirements, determines that equipment certified under (1) expertise; and coupled with the best available technologies (2) to the extent allowable by law, re- paragraph (1) is commercially available and and methodologies, such as passenger sources and facilities. has successfully completed operational test- profiling, enhance domestic aviation secu- (e) REPORTS.—The Director of the National ing as provided in paragraph (1), the Admin- rity. Academy of Sciences (or the head of another istrator shall facilitate the deployment of equivalent entity) shall, pursuant to an ar- such approved commercially available explo- SEC. 313. ENHANCED SECURITY PROGRAMS. rangement entered into under subsection (a), sive detection devices as the Administrator (a) IN GENERAL.—Chapter 449 is amended submit to the Administrator such reports as determines will enhance aviation security by adding at the end of subchapter I the fol- the Administrator considers to be appro- significantly. The Administrator shall re- lowing: priate. Upon receipt of a report under this quire that equipment deployed under this ‘‘§ 44916. Assessments and evaluations subsection, the Administrator shall submit a paragraph be replaced by equipment certified ‘‘(a) IN GENERAL.— copy of the report to the appropriate com- under paragraph (1) when equipment cer- ‘‘(1) PERIODIC ASSESSMENTS.—The Adminis- mittees of the Congress. tified under paragraph (1) becomes commer- trator shall require each air carrier and air- (f) AUTHORIZATION OF APPROPRIATIONS.— cially available. The Administrator is au- port (including the airport owner or operator There are authorized to be appropriated, for thorized, based on operational considerations in cooperation with the air carriers and ven- each of fiscal years 1997 through 2001, such at individual airports, to waive the required dors serving each airport) that provides for sums as may be necessary to carry out this installation of commercially available equip- intrastate, interstate, or foreign air trans- section. ment under paragraph (1) in the interests of portation to conduct periodic vulnerability SEC. 305. REQUIREMENT FOR CRIMINAL HISTORY aviation security.’’. assessments of the security systems of that RECORDS CHECKS. SEC. 307. AUDIT OF PERFORMANCE OF BACK- air carrier or airport, respectively. The Ad- (a) IN GENERAL.—Section 44936(a)(1) is GROUND CHECKS FOR CERTAIN ministration shall perform periodic audits of amended— PERSONNEL. the assessments referred to in paragraph (1). (1) by redesignating subparagraphs (A) and Section 44936(a) is amended by adding at ‘‘(2) INVESTIGATIONS.—The Administrator (B) as clauses (i) and (ii), respectively; the end the following: shall conduct periodic and unannounced in- (2) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; ‘‘(3) The Administrator shall provide for spections of security systems of airports and and the periodic audit of the effectiveness of air carriers to determine the effectiveness (3) by adding at the end the following: criminal history record checks conducted and vulnerabilities of such systems. To the ‘‘(B) The Administrator shall require by under paragraph (1) of this subsection.’’. extent allowable by law, the Administrator regulation that an employment investiga- SEC. 308. SENSE OF THE SENATE ON PASSENGER may provide for anonymous tests of those se- tion (including a criminal history record PROFILING. curity systems.’’. check in any case described in subparagraph It is the sense of the Senate that the Ad- (b) CLERICAL AMENDMENT.—The table of (C) be conducted for— ministrator of the Federal Aviation Admin- sections for such chapter is amended by in- ‘‘(i) individuals who will be responsible for istration, in consultation with the intel- serting after the item relating to section screening passengers or property under sec- ligence and law enforcement communities, 44915 the following: tion 44901 of this title; should continue to assist air carriers in de- ‘‘44916. Assessments and evaluations.’’. ‘‘(ii) supervisors of the individuals de- veloping computer-assisted and other appro- SEC. 314. REPORT ON AIR CARGO. scribed in clause (i); and priate passenger profiling programs which Within——days after the date of enactment ‘‘(iii) such other individuals who exercise should be used in conjunction with other se- of this Act, the Secretary of Transportation security functions associated with baggage curity measures and technologies. shall prepare a report for the Congress on or cargo, as the Administrator determines is SEC. 309. AUTHORITY TO USE CERTAIN FUNDS any changes recommended and implemented necessary to ensure air transportation secu- FOR AIRPORT SECURITY PROGRAMS as a result of the Vice President’s Commis- rity. AND ACTIVITIES. sion on Aviation Security to enhance and ‘‘(C) Under the regulations issued under (a) IN GENERAL.—Notwithstanding any supplement screening and inspection of subparagraph (B), a criminal history record other provision of law, funds referred to in cargo, mail, and company-shipped materials check shall, as a minimum, be conducted in subsection (b) may be used to expand and en- transported in air commerce. The report any case in which— hance air transportation security programs shall include an assessment of the effective- ‘‘(i) an employment investigation reveals a and other activities (including the improve- ness of such changes, any additional rec- gap in employment of 12 months or more ment of facilities and the purchase and de- ommendations, and, if necessary, any legis- that the individual who is the subject of the ployment of equipment) to ensure the safety lative proposals necessary to carry out addi- investigation does not satisfactorily account and security of passengers and other persons tional changes. for; involved in air travel. ‘‘(ii) that individual is unable to support (b) COVERED FUNDS.—The following funds TITLE IV—MISCELLANEOUS PROVISIONS statements made on the application of that may be used under subsection (a): SEC. 401. ACQUISITION OF HOUSING UNITS. individual; (1) Project grants made under subchapter 1 Section 40110 is amended— ‘‘(iii) there are significant inconsistencies of chapter 471 of title 49, United States Code. (1) by redesignating subsection (b) as sub- in the information provided on the applica- (2) Passenger facility fees collected under section (c); and tion of that individual; or section 40117 of title 49, United States Code. (2) by inserting after subsection (a) the fol- ‘‘(iv) information becomes available during SEC. 310. DEVELOPMENT OF AVIATION SECURITY lowing: the employment investigation indicating a LIAISON AGREEMENT. ‘‘(b) ACQUISITION OF HOUSING UNITS.— possible conviction for one of the crimes list- The Secretary of Transportation and the ‘‘(1) AUTHORITY.—In carrying out this part, ed in subsection (b)(1)(B).’’. Attorney General, acting through the Ad- the Administrator may acquire interests in

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10696 CONGRESSIONAL RECORD — SENATE September 17, 1996 housing units outside the contiguous United (2) the number of air traffic control equip- section 20158(c) of such title, the Secretary of States. ment and power failures is increasing, which Transportation takes into account, among ‘‘(2) CONTINUING OBLIGATIONS.—Notwith- could place at risk the reliability of our Na- other criteria— standing section 1341 of title 31, United tion’s air traffic control system; (A) the interest of the communities that, States Code, the Administrator may acquire (3) aviation excise taxes that constitute as of July 30, 1996— an interest in a housing unit under para- the Airport and Airway Trust Fund, which (i) have in effect restrictions on sounding graph (1) even if there is an obligation there- provides most of the funding for the Federal of a locomotive horn at highway-rail grade after to pay necessary and reasonable fees Aviation Administration crossings; or duly assessed upon such unit, including fees (4) the surplus in the Airport and Airway (ii) have not been subject to the routine (as related to operation, maintenance, taxes, Trust Fund will be spent by the Federal the term is defined by the Secretary) sound- and insurance. Aviation Administration by December 1996; ing of a locomotive horn at highway-rail ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad- (5) the existing system of funding the Fed- grade crossings; and ministrator may acquire an interest in a eral Aviation Administration will not pro- (B) the past safety record at each grade housing unit under paragraph (1) only if the vide the agency with sufficient short-term or crossing involved; and Administrator transmits to the Committee long-term funding; (2) whenever the Secretary determines that on Transportation and Infrastructure of the (6) this Act creates a sound process to re- supplementary safety measures (as that House of Representatives and the Committee view Federal Aviation Administration fund- term is defined in section 20153(a) of title 49, on Commerce, Science, and Transportation ing and develop a funding system to meet United States Code) are necessary to provide of the Senate at least 30 days before com- the Federal Aviation Administration’s long- an exception referred to in paragraph (1), the pleting the acquisition a report containing— term funding needs; and Secretary— ‘‘(A) a description of the housing unit and (7) without immediate action by the Con- (A) having considered the extent to which its price; and gress to ensure that the Federal Aviation local communities have established public ‘‘(B) a certification that acquiring the Administration’s financial needs are met, air awareness initiatives and highway-rail cross- housing unit is the most cost-beneficial travelers’ confidence in the system could be ing traffic law enforcement programs allows means of providing necessary accommoda- undermined. for a period of not to exceed 3 years, begin- tions in carrying out this part. (b) SENSE OF THE SENATE.—It is the sense ning on the date of that determination, for ‘‘(4) PAYMENT OF FEES.—The Administrator of the Senate that there should be an imme- the installation of those measures; and may pay, when due, fees resulting from the diate enactment of an 18-month reinstate- (B) works in partnership with affected acquisition of an interest in a housing unit ment of the aviation excise taxes to provide communities to provide technical assistance under this subsection from any amounts short-term funding for the Federal Aviation and to develop a reasonable schedule for the made available to the Administrator.’’. Administration. installation of those measures. SEC. 402. PROTECTION OF VOLUNTARILY SUB- SEC. 405. AUTHORIZATION FOR STATE-SPECIFIC SEC. 410 LIMITATION ON AUTHORITY OF STATES MITTED INFORMATION. SAFETY MEASURES. TO REGULATE GAMBLING DEVICES ON VESSELS. (a) IN GENERAL.—Chapter 401 is amended There are authorized to be appropriated to by redesignating section 40120 as section the Federal Aviation Administration not Subsection (b)(2) of section 5 of the act of 40121 and by inserting after section 40119 the more than $10,000,000 for fiscal year 1997 for January 2, 1951 (commonly referred to as the following: the purpose of addressing State-specific avia- ‘‘Johnson Act’’) (64 Stat. 1135, chapter 1194; tion safety problems identified by the Na- 15 U.S.C. 1175), is amended by adding at the ‘‘§ 40120. Protection of voluntarily submitted tional Transportation Safety Board. end the following: information SEC. 406. SENSE OF THE SENATE REGARDING ‘‘(C) EXCLUSION OF CERTAIN VOYAGES AND ‘‘(a) IN GENERAL.—Notwithstanding any THE AIR AMBULANCE EXEMPTION SEGMENTS.—Except for a voyage or segment other provision of law, neither the Adminis- FROM CERTAIN FEDERAL EXCISE of a voyage that occurs within the bound- trator of the Federal Aviation Administra- TAXES. aries of the State of Hawaii, a voyage or seg- tion, nor any agency receiving information It is the sense of the Senate that, if the ex- ment of a voyage is not described in subpara- from the Administrator, shall disclose volun- cise taxes imposed by section 4261 or 4271 of graph (B) if such voyage or segment includes tarily-provided safety or security related in- the Internal Revenue Code of 1986 are rein- or consists of a segment— formation if the Administrator finds that— stated, the exemption from those taxes pro- ‘‘(i) that begins and ends in the same ‘‘(1) the disclosure of the information vided by section 4261(f) of such Code for air State; would inhibit the voluntary provision of that transportation by helicopter for the purpose ‘‘(ii) that is part of a voyage to another type of information and that the receipt of of providing emergency medical services State or to a foreign country; and that type of information aids in fulfilling the should be broadened to include air transpor- ‘‘(iii) in which the vessel reaches the other Administrator’s safety and security respon- tation by fixed-wing aircraft for that pur- State or foreign country within 3 days after sibilities; and pose. leaving the State in which such segment be- ‘‘(2) withholding such information from SEC. 407. FAA SAFETY MISSION. gins.’’. disclosure would be consistent with the Ad- (a) IN GENERAL.—Section 40104 is amend- TITLE V—COMMERCIAL SPACE LAUNCH ministrator’s safety and security responsibil- ed— ACT AMENDMENTS ities. (1) by inserting ‘‘safety of’’ before ‘‘air SEC. 501. COMMERCIAL SPACE LAUNCH AMEND- ‘‘(b) REGULATIONS.—The Administrator commerce’’ in the section caption; MENTS. shall issue regulations to carry out this sec- (2) by inserting ‘‘SAFETY OF’’ before ‘‘AIR (a) AMENDMENTS.—Chapter 701 of title 49, tion.’’. COMMERCE’’ in the caption of subsection (a); United States Code, is amended— (b) CONFORMING AMENDMENT.—The table of and (1) in the table of sections— sections at the beginning of chapter 401 is (3) by inserting ‘‘safety of’’ before ‘‘air (A) by amending the item relating to sec- amended by striking the item relating to commerce’’ in subsection (a). tion 70104 to read as follows: section 40120 and inserting the following: (b) CLERICAL AMENDMENT.—The table of ‘‘70104. Restrictions on launches, operations, sections for chapter 401 is amended by strik- ‘‘40120. Protection of voluntarily submitted and reentries.’’; information. ing the item relating to section 40104 and in- (B) by amending the item relating to sec- ‘‘40121. Relationship of other laws.’’. serting: tion 70108 to read as follows: SEC. 403. APPLICATION OF FAA REGULATIONS. ‘‘40104. Promotion of civil aeronautics and In revising title 14, Code of Federal Regula- air commerce safety.’’. ‘‘70108. Prohibition, suspension, and end of launches, operation of launch tions, in a manner affecting intrastate avia- SEC. 408. CARRIAGE OF CANDIDATES IN STATE tion in Alaska, the Administrator of the AND LOCAL ELECTIONS. sites and reentry sites, and re- Federal Aviation Administration shall con- The Administrator of the Federal Aviation entries.’’; sider the extent to which Alaska is not Administration shall revise section 91.321 of and served by transportation modes other than the Administration’s regulations (14 CFR (C) by amending the item relating to sec- aviation, and shall establish such regulatory 91.321), relating to the carriage of candidates tion 70109 to read as follows: distinctions as the Administrator deems ap- in Federal elections, to make the same or ‘‘70109. Preemption of scheduled launches or propriate. similar rules applicable to the carriage of reentries’’; SEC. 404. SENSE OF THE SENATE REGARDING candidates for election to public office in (2) in section 70101— THE FUNDING OF THE FEDERAL State and local government elections. (A) by inserting ‘‘microgravity research,’’ AVIATION ADMINISTRATION. SEC. 409. TRAIN WHISTLE REQUIREMENTS. after ‘‘information services,’’ in subsection (a) FINDINGS.—The Senate finds that— The Secretary of Transportation may not (a)(3); (1) the Congress is responsible for ensuring implement regulations issued under section (B) by inserting ‘‘, reentry,’’ after ‘‘launch- that the financial needs of the Federal Avia- 20153(b) of title 49, United States Code, re- ing’’ both places it appears in subsection tion Administration, the agency that per- quiring audible warnings to be sounded by a (a)(4); forms the critical function of overseeing the locomotive horn at highway-rail grade cross- (C) by inserting ‘‘, reentry vehicles,’’ after Nation’s air traffic control system and en- ings, unless— ‘‘launch vehicles’’ in subsection (a)(5); suring the safety of air travelers in the (1) in implementing the regulations or pro- (D) by inserting ‘‘and reentry services’’ United States, are met; viding an exception to the regulations under after ‘‘launch services’’ in subsection (a)(6);

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10697 (E) by inserting ‘‘, reentries,’’ after (iii) by inserting ‘‘or reentry’’ after ‘‘de- (D) by inserting ‘‘applicable’’ after ‘‘car- ‘‘launches’’ both places it appears in sub- cides the launch’’; ried out under the’’ in paragraphs (1) and (2) section (a)(7); (6) in section 70105— of subsection (b); (F) by inserting ‘‘, reentry sites,’’ after (A) by inserting ‘‘or a reentry site, or the (E) by striking ‘‘, Space, and Technology’’ ‘‘launch sites’’ in subsection (a)(8); reentry of a reentry vehicle,’’ after ‘‘oper- in subsection (d)(1); (G) by inserting ‘‘and reentry services’’ ation of a launch site’’ in subsection (b)(1); (F) by inserting ‘‘OR REENTRIES’’ after after ‘‘launch services’’ in subsection (a)(8); and ‘‘LAUNCHES’’ in the heading for subsection (H) by inserting ‘‘reentry sites,’’ after (B) by striking ‘‘or operation’’ and insert- (e); and ‘‘launch sites,’’ in subsection (a)(9); ing in lieu thereof ‘‘, operation, or reentry’’ (G) by inserting ‘‘or reentry site or a re- (I) by inserting ‘‘and reentry site’’ after in subsection (b)(2)(A); entry’’ after ‘‘launch site’’ in subsection (e); ‘‘launch site’’ in subsection (a)(9); (7) in section 70106(a)— (13) in section 70113(a)(1) and (d)(1) and (2), (J) by inserting ‘‘reentry vehicles,’’ after (A) by inserting ‘‘or reentry site’’ after by inserting ‘‘or reentry’’ after ‘‘one launch’’ ‘‘launch vehicles’’ in subsection (b)(2); ‘‘observer at a launch site’’; each place it appears; (K) by striking ‘‘launch’’ in subsection (B) by inserting ‘‘or reentry vehicle’’ after (14) in section 70115(b)(1)(D)(i)— (b)(2)(A); ‘‘assemble a launch vehicle’’; and (A) by inserting ‘‘reentry site,’’ after (L) by inserting ‘‘and reentry’’ after ‘‘com- (C) by inserting ‘‘or reentry vehicle’’ after ‘‘launch site,’’; and mercial launch’’ in subsection (b)(3); ‘‘with a launch vehicle’’; (B) by inserting ‘‘or reentry vehicle’’ after (M) by striking ‘‘launch’’ after ‘‘and trans- (8) in section 70108— ‘‘launch vehicle’’ both places it appears; and fer commercial’’ in subsection (b)(3); and (A) by amending the section designation (15) in section 70117— (N) by inserting ‘‘and development of re- and heading to read as follows: (A) by inserting ‘‘or reentry site, or to re- enter a reentry vehicle’’ after ‘‘operate a entry sites,’’ after ‘‘launch-site support fa- ‘‘§ 70108. Prohibition, suspension, and end of cilities,’’ in subsection (b)(4) launch site’’ in subsection (a); launches, operation of launch sites and re- (B) by inserting ‘‘or reentry’’ after ‘‘ap- (3) in section 70102— entry sites, and reentries’’; (A) by striking ‘‘and any payload’’ and in- proval of a space launch’’ in subsection (d); serting in lieu thereof ‘‘or reentry vehicle and (C) by amending subsection (f) to read as and any payload from Earth’’ in paragraph (B) in subsection (a)— follows: (3); (i) by inserting ‘‘or reentry site, or reentry ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT (B) by inserting ‘‘or reentry vehicle’’ after of a reentry vehicle,’’ after ‘‘operation of a AN IMPORT.—A launch vehicle, reentry vehi- ‘‘means of a launch vehicle’’ in paragraph (8); launch site’’; and cle, or payload that is launched or reentered (C) by redesignating paragraphs (10) (ii) by inserting ‘‘or reentry’’ after ‘‘launch is not, because of the launch or reentry, an through (12) as paragraphs (14) through (16), or operation’’; export or import, respectively, for purposes respectively; (9) in section 70109— of a law controlling exports or imports.’’; (D) by inserting after paragraph (9) the fol- (A) by amending the section designation and lowing new paragraphs: and heading to read as follows: (D) in subsection (g)— ‘‘(10) ‘reenter’ and reentry’ mean to return ‘‘§ 70109. Preemption of scheduled launches (i) by striking ‘‘operation of a launch vehi- or attempt to return, purposefully, a reentry or reentries’’; cle or launch site,’’ in paragraph (1) and in- vehicle and its payload, if any, from Earth (B) in subsection (a)— serting in lieu thereof ‘‘reentry, operation of orbit or from outer space to Earth. (i) by inserting ‘‘or reentry’’ after ‘‘ensure a launch vehicle or reentry vehicle, or oper- ‘‘(11) ‘reentry services’ means— that a launch’’; ation of a launch site or reentry site,’’; and ‘‘(A) activities involved in the preparation (ii) by inserting ‘‘; reentry site,’’ after (ii) by inserting ‘‘reentry,’’ after ‘‘launch,’’ of a reentry vehicle and its payload, if any, ‘‘United States Government launch site’’; in paragraph (2). (b) ADDITIONAL AMENDMENTS.—(1) Section for reentry; and (iii) by inserting ‘‘or reentry date commit- 70105 of title 49, United States Code, is ‘‘(B) the conduct of a reentry. ment’’ after ‘‘launch date commitment’’; ‘‘(12) ‘reentry site’ means the location on (iv) by inserting ‘‘or reentry’’ after ‘‘ob- amended— (A) by inserting ‘‘(1)’’ before ‘‘A person Earth to which a reentry vehicle is intended tained for a launch’’; may apply’’ in subsection (a); to return (as defined in a license the Sec- (v) by inserting ‘‘, reentry site,’’ after ‘‘ac- (B) by striking ‘‘receiving an application’’ retary issues or transfers under this chap- cess to a launch site’’; both places it appears in subsection (a) and ter). (vi) by inserting ‘‘, or services related to a inserting in lieu thereof ‘‘accepting an appli- ‘‘(13) ‘reentry vehicle’ means a vehicle de- reentry,’’ after ‘‘amount for launch serv- cation in accordance with criteria estab- signed to return from Earth orbit or outer ices’’; and space to Earth, or a reusable launch vehicle lished pursuant to subsection (b)(2)(D)’’; (vii) by inserting ‘‘or reentry’’ after ‘‘the (C) by adding at the end of subsection (a) designed to return from outer space substan- scheduled launch’’; and tially intact.’’; and the following new paragraph: (C) in subsection (c), by inserting ‘‘or re- ‘‘(2) In carrying out paragraph (1), the Sec- (E) by inserting ‘‘or reentry services’’ after entry’’ after ‘‘prompt launching’’; ‘‘launch services’’ each place it appears in retary may establish procedures for certifi- (10) in section 70110— cation of the safety of a launch vehicle, re- paragraph (15), as so redesignated by sub- (A) by inserting ‘‘or reentry’’ after ‘‘pre- paragraph (C) of this paragraph; entry vehicle, or safety system, procedure, vent the launch’’ in subsection (a)(2); and service, or personnel that may be used in (4) in section 70103(b)— (B) by inserting ‘‘or reentry site, or re- (A) by inserting ‘‘AND REENTRIES’’ after conducting licensed commercial space entry of a reentry vehicle,’’ after ‘‘operation launch or reentry activities.’’; ‘‘LAUNCHES’’ in the subsection heading; of a launch site’’ in subsection (a)(3)(B); (B) by inserting ‘‘and reentries’’ after (D) by striking ‘‘and’’ at the end of sub- (11) in section 70111— section (b)(2)(B)’’; ‘‘space launches’’ in paragraph (1); and (A) by inserting ‘‘or reentry’’ after (C) by inserting ‘‘and reentry’’ after ‘‘space (E) by striking the period at the end of ‘‘launch’’ in subsection (a)(1)(A); subsection (b)(2)(C) and inserting in lieu launch’’ in paragraph (2); (B) by inserting ‘‘and reentry services’’ (5) in section 70104— thereof ‘‘;and’’; after ‘‘launch services’’ in subsection (F) by adding at the end of subsection (b)(2) (A) by amending the section designation (a)(1)(B); and heading to read as follows: the following new subparagraph: (C) by inserting ‘‘or reentry services’’ after (D) regulations establishing criteria for ac- ‘‘§ 70104. Restrictions on launches, oper- ‘‘or launch services’’ in subsection (a)(2); cepting or rejecting an application for a li- ations, and reentries’’; (D) by inserting ‘‘or reentry’’ after ‘‘com- cense under this chapter within 60 days after (B) by inserting ‘‘or reentry site, or to re- mercial launch’’ both places it appears in receipt of such application.’; and enter a reentry vehicle’’ after ‘‘operate a subsection (b)(1); (G) by inserting ‘‘, or the requirement to launch site’’ each place it appears in sub- (E) by inserting ‘‘or reentry services’’ after obtain a license,’’ after ‘‘waive a require- section (a); ‘‘launch services’’ in subsection (b)(2)(C); ment’’ in subsection (b)(3). (C) by inserting ‘‘or reentry’’ after ‘‘launch (F) by striking ‘‘or its payload for launch’’ (2) The amendment made by paragraph or operation’’ in subsection (a)(3) and (4); in subsection (d) and inserting in lieu thereof (1)(B) shall take effect upon the effective (D) in subsection (b)— ‘‘or reentry vehicle, or the payload of either, date of final regulations issued pursuant to (i) by striking ‘‘launch license’’ and insert- for launch or reentry’’; and section 70105(b)(2)(D) of title 49, United ing in lieu thereof ‘‘license’’; (G) by inserting ‘‘, reentry vehicle,’’ after States Code, as added by paragraph (1)(F) of (ii) by inserting ‘‘or reenter’’ after ‘‘may ‘‘manufacturer of the launch vehicle’’ in sub- this subsection. launch’’; and section (d); (3) Section 70102(5) of title 49, United (iii) by inserting ‘‘or reentering’’ after ‘‘re- (12) in section 70112— States Code, is amended— lated to launching’’; and (A) by inserting ‘‘or reentry’’ after ‘‘one (A) by redesignating subparagraphs (A) and (E) in subsection (c)— launch’’ in subsection (a)(3); (B) as subparagraphs (B) and (C), respec- (i) by amending the subsection heading to (B) by inserting ‘‘or reentry services’’ after tively; and read as follows: ‘‘PREVENTING LAUNCHES AND ‘‘launch services’’ in subsection (a)(4); (B) by inserting before subparagraph (B), REENTRIES.—’’; (C) by inserting ‘‘or reentry services’’ after as so redesignated by subparagraph (A) of (ii) by inserting ‘‘or reentry’’ after ‘‘pre- ‘‘launch services’’ each place it appears in this paragraph, the following new subpara- vent the launch’’; and subsection (b); graph:

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‘‘(A) activities directly related to the prep- (1) ADMINISTRATION.—The term ‘‘Adminis- formed of the costs to the Administration aration of a launch site or payload facility tration’’ means the Federal Aviation Admin- and the costs driven by each segment of the for one or more launches;’’. istration. aviation system for safety and operational (4) Section 70102(b) of title 49, United (2) ADMINISTRATOR.—The term ‘‘Adminis- services, including the use of the air traffic States Code, is amended— trator’’ means the Administrator of the Fed- control system and the Nation’s airports. (A) in the subsection heading, as amended eral Aviation Administration. (14) Because the Administration is a by subsection (a)(4)(A) of this section, by in- (3) SECRETARY.—The term ‘‘Secretary’’ unique Federal entity in that it is a partici- serting ‘‘AND STATE SPONSORED SPACEPORTS’’ means the Secretary of Transportation. pant in the daily operations of an industry, after ‘‘AND REENTRIES’’; and SEC. 603. EFFECTIVE DATE. and because the national air transportation (B) in paragraph (1), by inserting ‘‘and The provisions of this title and the amend- system faces significant problems without State sponsored spaceports’’ after ‘‘private ments made by this title shall take effect on significant changes, the Administration has sector’’. the date that is 30 days after the date of the been authorized to change the Federal pro- (5) Section 70105(a)(1) of title 49, United enactment of this Act. curement and personnel systems to ensure States Code, as amended by subsection (b)(1) Subtitle A—General Provisions that the Administration has the ability to of this section, is amended by inserting at SEC. 621. FINDINGS. keep pace with new technology and is able to the end the following: ‘‘The Secretary shall The Congress finds the following: match resources with the real personnel submit to the Committee on Science of the (1) In many respects the Administration is needs of the Administration. House of Representatives and the Committee a unique agency, being one of the few non-de- (15) The existing budget system does not on Commerce, Science, and Transportation fense government agencies that operates 24 allow for long-term planning or timely ac- of the Senate a written notice not later than hours a day, 365 days of the year, while con- quisition of technology by the Administra- 7 days after any occurrence when a license is tinuing to rely on outdated technology to tion. not issued within the deadline established by carry out its responsibilities for a state-of- (16) Without reforms in the areas of pro- this subsection,’’. the-art industry. curement, personnel, funding, and govern- (6) Section 70111 of title 49, United States (2) Until January 1, 1996, users of the air ance, the Administration will continue to ex- Code, is amended— transportation system paid 70 percent of the perience delays and cost overruns in its (A) in subsection (a)(1), by inserting after budget of the Administration, with the re- major modernization programs and needed subparagraph (B) the following: maining 30 percent coming from the General improvements in the performance of the air ‘‘The Secretary shall establish criteria and Fund. The General Fund contribution of the traffic management system will not occur. procedures for determining the priority of years is one measure of the benefit received (17) All reforms should be designed to help competing requests from the private sector by the general public, military, and other the Administration become more responsive and State governments for property and users of Administration’s services. to the needs of its customers and maintain services under this section.’’; (3) The Administration must become a the highest standards of safety. (B) by striking ‘‘actual costs’’ in sub- more efficient, effective, and different orga- SEC. 622. PURPOSES. section (b)(1) and inserting in lieu thereof nization to meet future challenges. The purposes of this title are— ‘‘additive costs only’’; and (4) The need to balance the Federal budget (1) to ensure that final action shall be (C) by inserting after subsection (b)(2) the means that it may become more and more taken on all notices of proposed rulemaking following new paragraph: difficult to obtain sufficient General Fund of the Administration within 18 months after ‘‘(3) The Secretary shall ensure the estab- contributions to meet the Administration’s the date of their publication; (2) to permit the Administration, with lishment of uniform guidelines for, and con- future budget needs. Congressional review, to establish a program sistent implementation of, this section by (5) Congress must keep its commitment to to improve air traffic management system all Federal agencies.’’. the users of the national air transportation (7) Section 70112 of title 49, United States system by seeking to spend all moneys col- performance and to establish appropriate Code, is amended— lected from them each year and deposited levels of cost accountability for air traffic (A) in subsection (a)(1), by inserting into the Airport and Airway Trust Fund. Ex- management services provided by the Ad- ‘‘launch, reentry, or site operator’’ after ‘‘(1) isting surpluses representing past receipts ministration; (3) to establish a more autonomous and ac- When a’’; must also be spent for the purposes for which countable Administration within the Depart- (B) in subsection (b)(1), by inserting such funds were collected. ment of Transportation; and ‘‘launch, reentry, or site operator’’ after (6) The aviation community and the em- (4) to make the Administration a more ef- ‘‘(1)A’’; and ployees of the Administration must come to- ficient and effective organization, able to (C) in subsection (f), by inserting ‘‘launch, gether to improve the system. The Adminis- meet the needs of a dynamic, growing indus- reentry, or site operator’’ after ‘‘carried out tration must continue to recognize who its try, and to ensure the safety of the traveling under a’’. customers are and what their needs are, and public. (c) REGULATIONS.—(1) Chapter 701 of title to design and redesign the system to make 49, United States Code, is amended by adding safety improvements and increase produc- SEC. 623. REGULATION OF CIVILIAN AIR TRANS- tivity. PORTATION AND RELATED SERV- at the end the following new section: ICES BY THE FEDERAL AVIATION AD- (7) The Administration projects that com- § 70120. Regulations MINISTRATION AND DEPARTMENT mercial operations will increase by 18 per- OF TRANSPORTATION. ‘‘The Secretary of Transportation, within 6 cent and passenger traffic by 35 percent by months after the date of the enactment of (a) IN GENERAL.—Section 106 is amended— the year 2002. Without effective airport ex- (1) by striking ‘‘The Administrator’’ in the this section, shall issue regulations to carry pansion and system modernization, these fifth sentence of subsection (b) and inserting out this chapter that include— needs cannot be met. ‘‘Except as provided in subsection (f) of this ‘‘(1) guidelines for industry to obtain suffi- (8) Absent significant and meaningful re- section or in other provisions of law, the Ad- cient insurance coverage for potential dam- form, future challenges and needs cannot be ministrator’’; and ages to third parties; met. (2) by striking subsection (f) and inserting ‘‘(2) procedures for requesting and obtain- (9) The Administration must have a new the following: ing licenses to operate a commercial launch way of doing business. ‘‘(f) AUTHORITY OF THE SECRETARY AND THE vehicle and reentry vehicle; (10) There is widespread agreement within ADMINISTRATOR.— ‘‘(3) procedures for requesting and obtain- government and the aviation industry that ‘‘(1) AUTHORITY OF THE SECRETARY.—Except ing operator licenses for launch and reentry; reform of the Administration is essential to as provided in paragraph (2), the Secretary of and safely and efficiently accommodate the pro- Transportation shall carry out the duties ‘‘(4) procedures for the application of gov- jected growth of aviation within the next and powers of the Administration. ernment indemnification.’’. decade. ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— (2) The table of sections for such chapter (11) To the extent that the Congress deter- The Administrator— 701 is amended by adding after the item re- mines that certain segments of the aviation ‘‘(A) is the final authority for carrying out lating to section 70119 the following new community are not required to pay all of the all functions, powers, and duties of the Ad- item: costs of the government services which they ministration relating to— ‘‘70120. Regulations.’’. require and benefits which they receive, the ‘‘(i) except as otherwise provided in para- TITLE VI—AIR TRAFFIC MANAGEMENT Congress should appropriate the difference graph (3), the promulgation of regulations, SYSTEM PERFORMANCE IMPROVE- between such costs and any receipts received rules, orders, circulars, bulletins, and other MENT ACT from such segment. official publications of the Administration; (12) Prior to the imposition of any new and SEC. 601. SHORT TITLE. charges or user fees on segments of the in- ‘‘(ii) any obligation imposed on the Admin- This title may be cited as the ‘‘Air Traffic dustry, an independent review must be per- istrator, or power conferred on the Adminis- Management System Performance Improve- formed to assess the funding needs and as- trator, by the Air Traffic Management Sys- ment Act of 1996’’. sumptions for operations, capital spending, tem Performance Improvement Act of 1996 SEC. 602. DEFINITIONS. and airport infrastructure. (or any amendment made by that Act); For the purposes of this title, the following (13) An independent, thorough, and com- ‘‘(b) shall offer advice and counsel to the definitions shall apply: plete study and assessment must be per- President with respect to the appointment

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10699 and qualifications of any officer or employee ‘‘(I) have an annual effect on the economy benefits of officers and employees, the Ad- of the Administration to be appointed by the of $100,000,000 or more or adversely affect in ministrator shall not engage in any type of President or as a political appointee; a material way the economy, a sector of the bargaining, except to the extent provided for ‘‘(C) may delegate, and authorize succes- economy, productivity, competition, jobs, in section 40121(a), nor shall the Adminis- sive redelegations of, to an officer or em- the environment, public health or safety, or trator be bound by any requirement to estab- ployee of the Administration any function, State, local, or tribal governments or com- lish such compensation or benefits at par- power, or duty conferred upon the Adminis- munities; ticular levels. trator, unless such delegation is prohibited ‘‘(II) create a serious inconsistency or oth- ‘‘(2) EXPERTS AND CONSULTANTS.—The Ad- by law; and erwise interfere with an action taken or ministrator is authorized to obtain the serv- ‘‘(D) except as otherwise provided for in planned by another agency; ices of experts and consultants in accordance this title, and notwithstanding any other ‘‘(III) materially alter the budgetary im- with section 3109 of title 5. provision of law to the contrary, shall not be pact of entitlements, grants, user fees, or ‘‘(3) TRANSPORTATION AND PER DIEM EX- required to coordinate, submit for approval loan programs or the rights and obligations PENSES.—The Administrator is authorized to or concurrence, or seek the advice or views of recipients thereof; or pay transportation expenses, and per diem in of the Secretary or any other officer or em- ‘‘(IV) raise novel legal or policy issues aris- lieu of subsistence expenses, in accordance ployee of the Department of Transportation ing out of legal mandates. with chapter 57 of title 5. on any matter with respect to which the Ad- ‘‘(ii) In an emergency, the Administrator ‘‘(4) USE OF PERSONNEL FROM OTHER AGEN- ministrator is the final authority. may issue a regulation described in clause (i) CIES.—The Administrator is authorized to ‘‘(3) DEFINITION OF POLITICAL APPOINTEE.— without prior approval by the Secretary, but utilize the services of personnel of any other For purposes of this subsection, the term any such emergency regulation is subject to Federal agency (as such term is defined ‘political appointee’ means any individual ratification by the Secretary after it is under section 551(1) of title 5). who— issued and shall be rescinded by the Adminis- ‘‘(5) VOLUNTARY SERVICES.— ‘‘(A) is employed in a position on the Exec- trator within 5 days (excluding Saturdays, ‘‘(A) IN GENERAL.—(i) In exercising the au- utive Schedule under sections 5312 through Sundays, and legal public holidays) after thority to accept gifts and voluntary serv- 5316 of title 5; issuance if the Secretary fails to ratify its ices under section 326 of this title, and with- ‘‘(B) is a limited term appointee, limited issuance. out regard to section 1342 of title 31, the Ad- emergency appointee, or noncareer ap- ‘‘(iii) Any regulation that does not meet ministrator may not accept voluntary and pointee in the Senior Executive Service as the criteria of clause (i), and any regulation uncompensated services if such services are defined under section 3132(a) (5), (6), and (7) or other action that is a routine or frequent used to displace Federal employees employed of title 5, respectively; or action or a procedural action, may be issued on a full-time, part-time, or seasonal basis. ‘‘(C) is employed in a position in the execu- by the Administrator without review or ap- ‘‘(ii) the Administrator is authorized to tive branch of the Government of a confiden- proval by the Secretary. provide for incidental expenses, including tial or policy-determining character under ‘‘(iv) The Administrator shall submit a transportation, lodging, and subsistence for Schedule C of subpart C of part 213 of title 5 copy of any regulation requiring approval by volunteers who provide voluntary services of the Code of Federal Regulations.’’. the Secretary under clause (i) to the Sec- under this subsection. (b) PRESERVATION OF EXISTING AUTHOR- retary, who shall either approve it or return ‘‘(iii) An individual who provides voluntary ITY.—Nothing in this title or the amend- it to the Administrator with comments with- services under this subsection shall not be ments made by this title limits any author- in 45 days after receiving it. considered a Federal employee for any pur- ity granted to the Administrator by statute ‘‘(C) PERIODIC REVIEW.—(i) Beginning on pose other than for purposes of chapter 81 of or by delegation that was in effect on the the date which is 3 years after the date of en- title 5, relating to compensation for work in- day before the date of enactment of this Act. actment of the Air Traffic Management Sys- juries, and chapter 171 of title 28, relating to SEC. 624. REGULATIONS. tem Performance Improvement Act of 1996, tort claims.’’. Section 106(f), as amended by section 623, is the Administrator shall review any unusu- SEC. 626. CONTRACTS. further amended— ally burdensome regulation issued by the Ad- Section 106(l), as added by section 625 of (1) by redesignating paragraph (3) as para- ministrator after the date of enactment of this title, is amended by adding at the end graph (4); and the Air Traffic Management System Per- the following new paragraph: (2) by inserting after paragraph (2) the fol- formance Improvement Act of 1996 beginning ‘‘(6) CONTRACTS.—The Administrator is au- lowing: not later than 3 years after the effective date thorized to enter into and perform such con- ‘‘(3) REGULATIONS.— of the regulation to determine if the cost as- ‘‘(A) IN GENERAL.—In the performance of tracts, leases, cooperative agreements, or the functions of the Administrator and the sumptions were accurate, the benefit of the other transactions as may be necessary to Administration, the Administrator is au- regulations, and the need to continue such carry out the functions of the Administrator thorized to issue, rescind, and revise such regulations in force in their present form. and the Administration. The Administrator regulations as are necessary to carry out ‘‘(ii) The Administrator may identify for may enter into such contracts, leases, coop- those functions. The issuance of such regula- review under the criteria set forth in clause erative agreements, and other transactions tions shall be governed by the provisions of (i) unusually burdensome regulations that with any Federal agency (as such term is de- chapter 5 of title 5. The Administrator shall were issued before the date of enactment of fined in section 551(1) of title 5) or any in- act upon all petitions for rulemaking no the Air Traffic Management System Per- strumentality of the United States, any later than 6 months after the date such peti- formance Improvement Act of 1996 and that State, territory, or possession, or political tions are filed by dismissing such petitions, have been in force for more than 3 years. subdivision thereof, any other governmental by informing the petitioner of an intention ‘‘(iii) For purposes of this subparagraph, entity, or any person, firm, association, cor- to dismiss, or by issuing a notice of proposed the term ‘unusually burdensome regulation’ poration, or educational institution, on such rulemaking or advanced notice of proposed means any regulation that results in the an- terms and conditions as the Administrator rulemaking. The Administrator shall issue a nual expenditure by State, local, and tribal may consider appropriate.’’. final regulation, or take other final action, governments in the aggregate, or by the pri- SEC. 627. FACILITIES. not later than 18 months after the date of vate sector, of $25,000,000 or more (adjusted Section 106, as amended by section 625 of publication in the Federal Register of a no- annually for inflation beginning with the this title, is further amended by adding at tice of proposed rulemaking or, in the case of year following the date of enactment of the the end the following new subsection: an advanced notice of proposed rulemaking, Air Traffic Management System Perform- ‘‘(m) COOPERATION BY ADMINISTRATOR.— if issued, not later than 24 months after that ance Act of 1996) in any year. With the consent of appropriate officials, the date. ‘‘(iv) The periodic review of regulations Administrator may, with or without reim- ‘‘(B) APPROVAL OF SECRETARY OF TRANSPOR- may be performed by advisory committees bursement, use or accept the services, equip- TATION.— and the Management Advisory Council es- ment, personnel, and facilities of any other ‘‘(i) The Administrator may not issue a tablished under subsection (p).’’. Federal agency (as such term is defined in proposed regulation or final regulation that SEC. 625. PERSONNEL AND SERVICES. section 551(1) of title 5) and any other public is likely to result in the expenditure by Section 106 is amended by adding at the or private entity. The administrator may State, local, and tribal governments in the end the following new subsection: also cooperate with appropriate officials of aggregate, or by the private sector, of ‘‘(1) PERSONNEL AND SERVICES.— other public and private agencies and instru- $50,000,000 or more (adjusted annually for in- ‘‘(1) OFFICERS AND EMPLOYEES.—Except as mentalities concerning the use of services, flation beginning with the year following the provided in section 40121(a) of this title and equipment, personnel, and facilities. The date of enactment of the Air Traffic Manage- section 347 of Public Law 104–50, the Admin- head of each Federal agency shall cooperate ment System Performance Improvement Act istrator is authorized, in the performance of with the Administrator in making the serv- of 1996) in any 1 year, or any regulation the functions of the Administrator, to ap- ices, equipment, personnel, and facilities of which is significant, unless the Secretary of point, transfer, and fix the compensation of the Federal agency available to the Adminis- Transportation approves the issuance of the such officers and employees, including attor- trator. The head of a Federal agency is au- regulation in advance. For purposes of this neys, as may be necessary to carry out the thorized, notwithstanding any other provi- paragraph, a regulation is significant if it is functions of the Administrator and the Ad- sion of law, to transfer to or to receive from likely to— ministration. In fixing compensation and the Administration, without reimbursement,

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10700 CONGRESSIONAL RECORD — SENATE September 17, 1996 supplies and equipment other than adminis- an officer or employee of the United States undertake a review of the overall condition trative supplies or equipment.’’. Government while serving as a member of of aviation safety in the United States and SEC. 628. PROPERTY. the Council. emerging trends in the safety of particular Section 106, as amended by section 627 of ‘‘(4) FUNCTIONS.— sections of the aviation industry. This shall this title, is further amended by adding at ‘‘(A) IN GENERAL.—(i) The Council shall include an examination of— the end the following new subsection: provide advice and counsel to the Adminis- ‘‘(A) the extent to which the dual mission ‘‘(n) ACQUISITION.— trator on issues which affect or are affected of the Administration to promote and regu- ‘‘(1) IN GENERAL.—The Administrator is au- by the operations of the Administrator. The late civil aviation may affect aviation safety thorized— Council shall function as an oversight re- and provide recommendations to Congress ‘‘(A) to acquire (by purchase, lease, con- source for management, policy, spending, for any necessary changes the Council, in demnation, or otherwise), construct, im- and regulatory matters under the jurisdic- conjunction with Administration, deems ap- prove, repair, operate, and maintain— tion of the Administration. propriate; and ‘‘(i) air traffic control facilities and equip- ‘‘(ii) The Council shall review the rule- ‘‘(B) the adequacy of staffing and training ment; making cost-benefit analysis process and de- resources for safety personnel of the Admin- ‘‘(ii) research and testing sites and facili- velop recommendations to improve the anal- istration, including safety inspectors. ties; and ysis and ensure that the public interest is The Council shall report to Congress within ‘‘(iii) such other real and personal property fully protected. 180 days after the date of enactment of this (including office space and patents), or any ‘‘(iii) The Council shall review the process Act on its findings and recommendations interest therein, within and outside the con- through which the Administration deter- under this paragraph. tinental United States as the Administrator mines to use advisory circulars and service SEC. 631. AIRCRAFT ENGINE STANDARDS. considers necessary; bulletins. Subsection (a)(1) of section 44715 is amend- ‘‘(B) to lease to others such real and per- ‘‘(B) MEETINGS.—The Council shall meet on ed to read as follows: sonal property; and a regular and periodic basis or at the call of ‘‘(a) STANDARDS AND REGULATIONS.—(1) To ‘‘(C) to provide by contract or otherwise the chairman or of the Administrator. relieve and protect the public health and for eating facilities and other necessary fa- ‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— welfare from aircraft noise, sonic boom, and cilities for the welfare of employees of the The Administration may give the Council aircraft engine emissions, the Administrator Administration at the installations of the appropriate access to relevant documents of the Federal Aviation Administration, as Administration, and to acquire, operate, and and personnel of the Administration, and the he deems necessary, shall prescribe— maintain equipment for these facilities. Administrator shall make available, con- ‘‘(A) standards to measure aircraft noise ‘‘(2) TITLE.—Title to any property or inter- sistent with the authority to withhold com- and sonic boom; est therein acquired pursuant to this sub- mercial and other proprietary information ‘‘(B) regulations to control and abate air- section shall be held by the Government of under section 552 of title 5 (commonly known craft noise and sonic boom; and the United States.’’. as the ‘Freedom of Information Act’), cost ‘‘(C) emission standards applicable to the SEC. 629. TRANSFERS OF FUNDS FROM OTHER data associated with the acquisition and op- emission of any air pollutant from any class FEDERAL AGENCIES. eration of air traffic service systems. Any or classes of aircraft engines which, in the Section 106, as amended by section 628 of member of the Council who receives judgment of the Administrator, causes, or this title, is further amended by adding at comercial or other proprietary data from the contributes to, air pollution which may rea- the end the following new subsection: Administrator shall be subject to the provi- sonably be anticipated to endanger public ‘‘(o) TRANSFERS OF FUNDS.—The Adminis- sions of section 1905 of title 18, pertaining to health or welfare.’’. trator is authorized to accept transfers of unauthorized disclosure of such information. SEC. 632. RURAL AIR FARE STUDY. unobligated balances and unexpended bal- ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT (a) IN GENERAL.—The Secretary shall con- ances of funds appropriated to other Federal TO APPLY.—The Federal Advisory Committee duct a study to— agencies (as such term is defined in section Act (5 U.S.C. App.) does not apply to the (1) compare air fares paid (calculated as 551(1) of title 5) to carry out functions trans- Council or such aviation rulemaking com- both actual and adjusted air fares) for air ferred by law to the Administrator or func- mittees as the Administrator shall des- transportation on flights conducted by com- tions transferred pursuant to law to the Ad- ignate. mercial air carriers— ministrator on or after the date of the enact- ‘‘(6) ADMINISTRATIVE MATTERS.— (A) between— ment of the Air Traffic Management System ‘‘(A) TERMS OF MEMBERS.—(i) Except as (i) nonhub airports located in small com- Performance Improvement Act of 1996.’’. provided in subparagraph (B), members of munities; and SEC. 630. MANAGEMENT ADVISORY COUNCIL. the Council appointed by the President (ii) large hub airports; and Section 106, as amended by section 629 of under paragraph (2)(C) shall be appointed for (B) between large hub airports; this title, is further amended by adding at a term of 3 years. (2) analyse— the end the following new subsection: ‘‘(ii) Of the members first appointed by the (A) the extent to which passenger service ‘‘(p) MANAGEMENT ADVISORY COUNCIL.— President— that is provided from nonhub airports is pro- ‘‘(1) ESTABLISHMENT.—Within 3 months ‘‘(I) 4 shall be appointed for terms of 1 vided on— after the date of enactment of the Air Traffic year; (i) regional commuter commercial air car- Management System Performance Improve- ‘‘(II) 5 shall be appointed for terms of 2 riers; or ment Act of 1996, the Administrator shall es- years; and (ii) major air carriers; tablish an advisory council which shall be ‘‘(III) 4 shall be appointed for terms of 3 (B) the type of aircraft employed in pro- known as the Federal Aviation Management years. viding passenger service at nonhub airports; Advisory Council (in this subsection referred ‘‘(iii) An individual chosen to fill a va- and to as the ‘Council’). With respect to Adminis- cancy shall be appointed for the unexpired (C) whether there is competition among tration management, policy, spending, fund- term of the member replaced. commercial air carriers with respect to the ing, and regulatory matters affecting the ‘‘(iv) A member whose term expires shall provision of air service to passengers from aviation industry, the Council may submit continue to serve until the date on which the nonhub airports. comments, recommended modifications, and member’s successor takes office. (b) FINDINGS.—The Secretary shall include dissenting views to the Administrator. The ‘‘(B) CHAIRMAN; VICE CHAIRMAN.—The Coun- in the report of the study conducted under Administrator shall include in any submis- cil shall elect a chair and a vice chair from subsection (a) findings concerning— sion to Congress, the Secretary, or the gen- among the members appointed under para- (1) whether passengers who use commercial eral public, and in any submission for publi- graph (2)(C), each of whom shall serve for a air carriers to and from rural areas (as de- cation in the Federal Register, a description term of 1 year. The vice chair shall perform fined by the Secretary) pay a disproportion- of the comments, recommended modifica- the duties of the chairman in the absence of ately greater price for that transportation tions, and dissenting views received from the the chairman. than passengers who use commercial air car- Council, together with the reasons for any ‘‘(C) TRAVEL AND PER DIEM.—Each member riers between urban areas (as defined by the differences between the views of the Council of the Council shall be paid actual travel ex- Secretary); and the views or actions of the Adminis- penses, and per diem in lieu of subsistence (2) the nature of competition, if any, in trator. expenses when away from his or her usual rural markets (as defined by the Secretary) ‘‘(2) MEMBERSHIP.—The Council shall con- place of residence, in accordance with sec- for commercial air carriers; sist of 15 members, who shall consist of— tion 5703 of title 5. (3) whether a relationship exists between ‘‘(A) a designee of the Secretary of Trans- ‘‘(D) DETAIL OF PERSONNEL FROM THE AD- higher air fares and competition among com- portation; MINISTRATION.—The Administrator shall mercial air carriers for passengers traveling ‘‘(B) a designee of the Secretary of Defense; make available to the Council such staff, in- on jet aircraft from small communities (as and formation, and administrative services and defined by the Secretary) and, if such a rela- ‘‘(C) 13 members representing aviation in- assistance as may reasonably be required to tion exists, the nature of that relationship; terests, appointed by the President by and enable the Council to carry out its respon- (4) the number of small communities that with the advice and consent of the Senate. sibilities under this subsection. have lost air service as a result of the de- ‘‘(3) QUALIFICATIONS.—No member ap- ‘‘(7) REPORT TO CONGRESS.—The Council, in regulation of commercial air carriers with pointed under paragraph (2)(C) may serve as conjunction with the Administration, shall respect to air fares;

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10701 (5) the number of small communities joint actions to improve or replenish the na- ulations and opinions promulgated by the Of- served by airports with respect to which, tional air traffic control system. The Admin- fice of Government Ethics, including those after commercial air carrier fares were de- istration may require real property, goods, set forth in section 3635 of title 5 of the Code regulated, jet aircraft service was replaced and services through the The Department of of Federal Regulations. by turboprop aircraft service; and Defense, or other appropriate agencies, but is ‘‘(e) EMPLOYEE PROTECTIONS.—Until July 1, (6) LARGE HUB AIRPORT.—The term ‘‘large bound by the acquisition laws and regula- 1999, basic wages (including locality pay) and hub airport’’ shall be defined by the Sec- tions governing those cases. operational differential pay provided em- retary but the definition may not include a ‘‘(3) REPORT.—If the Administrator makes ployees of the Administration shall not be small hub airport, as that term is defined in a determination under paragraph (1), the Ad- involuntarily adversely affected by reason of section 41731(a)(5) of such title. ministrator shall transmit a copy of the de- the enactment of this section, except for un- (7) MAJOR AIR CARRIER.—The term ‘‘major termination, together with a statement of acceptable performance or by reason of a re- air carrier’’ shall be defined by the Sec- the basis for the determination, to the Com- duction in force or reorganization or by retary. mittees on Appropriations of the Senate and agreement between the Administration and (8) NONHUB AIRPORT.—The term ‘‘nonhub the House of Representatives, the Committee the affected employees’ exclusive bargaining airport’’ is defined in section 41731(a)(4) of on Commerce, Science, and Transportation representative. such title. of the Senate, and the Committee on Trans- ‘‘(f) LABOR-MANAGEMENT AGREEMENTS.— (9) REGIONAL COMMUTER AIR CARRIER.—The portation and infrastructure of the House of Except as otherwise provided by this title, term ‘‘regional commuter air carrier’’ shall Representatives.’’. all labor-management agreements covering be defined by the Secretary. SEC. 653. FEDERAL AVIATION ADMINISTRATION employees of the Administration that are in Subtitle B—Federal Aviation Administration PERSONNEL MANAGEMENT SYSTEM. effect on the effective date of the Air Traffic Streamlining Programs Chapter 401, as amended by section 652, is Management System Performance Improve- ment Act of 1996 shall remain in effect until SEC. 651. REVIEW OF ACQUISITION MANAGE- further amended by inserting after section MENT SYSTEM. 40121 the following new section: their normal expiration date, unless the Ad- ministrator and the exclusive bargaining Not later than April 1, 1999, the Adminis- ‘‘§40122. Federal Aviation Administration per- representation agree to the contrary.’’. tration shall employ outside experts to pro- sonnel management system SEC. 654. CONFORMING AMENDMENT. vide an independent evaluation of the effec- ‘‘(a) IN GENERAL.— The chapter analysis for chapter 401, as tiveness of its acquisition management sys- ‘‘(1) CONSULTATION AND NEGOTIATION.—In amended by section 403(b) of this Act, is tem within 3 months after such date. The developing and making changes to the per- amended by striking the item relating to Administrator shall transmit a copy of the sonnel management system initially imple- section 40120 and inserting the following new evaluation to the Committee on Commerce, mented by the Administrator on April 1, items: Science, and Transportation of the Senate, 1996, the Administrator shall negotiate with and the Committee on Transportation and the exclusive bargaining representatives of ‘‘40121. Air traffic control modernization re- Infrastructure of the House of Representa- employees of the Administration certified views. tives. under section 7111 of title 5 and consult with ‘‘40122. Federal Aviation Administration per- SEC. 652. AIR TRAFFIC CONTROL MODERNIZA- other employees of the Administration. sonnel management system. ‘‘40123. Relationship to other laws.’’. TION REVIEWS. ‘‘(2) MEDIATION.—If the Administrator does Chapter 401, as amended by section 402 of not reach an agreement under paragraph (1) Subtitle C—System To Fund Certain Federal this Act, is amended by redesignating sec- with the exclusive bargaining representa- Aviation Administration Functions tion 40121 as 40123, and by inserting after sec- tives, the services of the Federal Mediation SEC. 671. FINDINGS. tion 40120 the following new section: and Conciliation Service shall be used to at- The Congress finds the following: ‘‘§ 40121. Air traffic control modernization re- tempt to reach such agreement. If the serv- (1) The Administration is recognized views ices of the Federal Mediation and Concilia- throughout the world as a leader in aviation safety. ‘‘(a) REQUIRED TERMINATIONS OF ACQUISI- tion Service do not lead to an agreement, the (2) The Administration certifies aircraft, TIONS.—The Administrator of the Federal Administrator’s proposed change to the per- engines, propellers, and other manufactured Aviation Administration (hereinafter re- sonnel management system shall not take effect until 60 days have elapsed after the parts. ferred to in this section as the ‘Adminis- (3) The Administration certifies more than trator’) shall terminate any program initi- Administrator has transmitted the proposed change, along with the objections of the ex- 650 training schools for pilots and nonpilots, ated after the date of enactment of the Air more than 4,858 repair stations, and more Traffic Management System Performance clusive bargaining representatives to the change, and the reasons for such objections, than 193 maintenance schools. Improvement Act of 1996 and funded under (4) The Administration certifies pilot ex- to the Congress. the Facilities and Equipment account that— aminers, who are then qualified to determine ‘‘(3) COST SAVINGS AND PRODUCTIVITY ‘‘(1) is more than 50 percent over the cost if a person has the skills necessary to be- goal established for the program; GOALS.—The Administration and the exclu- sive bargaining representatives of the em- come a pilot. ‘‘(2) fails to achieve at least 50 percent of (5) The Administration certifies more than ployees shall use every reasonable effort to the performance goals established for the 6,000 medical examiners, each of whom is find cost savings and to increase produc- program; or then qualified to medically certify the quali- tivity within each of the affected bargaining ‘‘(3) is more than 50 percent behind sched- fications of pilots and nonpilots. ule as determined in accordance with the units. (6) The Administration certifies more than ‘‘(4) ANNAL BUDGET DISCUSSIONS.—The Ad- schedule goal established for the program. 470 airports, and provides a limited certifi- ministration and the exclusive bargaining ‘‘(b) AUTHORIZED TERMINATIONS OF ACQUISI- cation for another 205 airports. Other air- representatives of the employees shall meet TIONS.—The Administrator shall consider ports in the United States are also reviewed annually for the purpose of finding addi- terminating, under the authority of sub- by the Administration. section (a), any substantial acquisition tional cost savings within the Administra- (7) The Administration each year performs that— tion’s annual budget as it applies to each of more than 355,000 inspections. ‘‘(1) is more than 10 percent over the cost the affected bargaining units and throughout (8) The Administration issues more than goal established for the program; the agency. 655,000 pilot’s licenses and more than 560,000 ‘‘(2) fails to achieve at least 90 percent of ‘‘(b) EXPERT EVALUATION.—On the date nonpilot’s licenses (including mechanics). the performance goals established for the that is 3 years after the personnel manage- (9) The Administration’s certification program; or ment system is implemented, the Adminis- means that the product meets worldwide rec- ‘‘(3) is more than 10 percent behind sched- tration shall employ outside experts to pro- ognized standards of safety and reliability. ule as determined in accordance with the vide an independent evaluation of the effec- (10) The Administration’s certification schedule goal established for the program. tiveness of the system within 3 months after means aviation-related equipment and serv- ‘‘(c) EXCEPTIONS AND REPORT.— such date. For this purpose, the Adminis- ices meet worldwide recognized standards. ‘‘(1) CONTINUANCE OF PROGRAM, ETC.—Not- trator may utilize the services of experts and (11) The Administration’s certification is withstanding subsection (a), the Adminis- consultants under section 3109 of title 5 with- recognized by governments and businesses trator may continue an acquisitions program out regard to the limitation imposed by the throughout the world and as such may be a required to be terminated under subsection last sentence of section 3109(b) of such title, valuable element for any company desiring (a) if the Administrator determines that ter- and may contract on a sole source basis, not- to sell aviation-related products throughout mination would be inconsistent with the de- withstanding any other provision of law to the world. velopment or operation of the national air the contrary. (12) The Administration’s certification transportation system in a safe and efficient ‘‘(c) PAY RESTRICTION.—No offer or em- may constitute a valuable license, franchise, manner. ployee of the Administration may receive an privilege, or benefits for the holders. ‘‘(2) DEPARTMENT OF DEFENSE.—The De- annual rate of basic pay in excess of the an- (13) The Administration also is a major partment of Defense shall have the same ex- nual rate of basic pay payable to the Admin- purchaser of computers, radars, and other emptions from acquisition laws as are istrator. systems needed to run the air traffic control waived by the Administrator under section ‘‘(d) ETHICS.—The Administration shall be system. The Administration’s design, accept- 348(b) of Public Law 104–50 when engaged in subject to Executive Order No. 12674 and reg- ance, commissioning, or certification of such

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equipment enables the private sector to mar- regard to any such provisions requiring com- (3) HEARINGS AND CONSULTATION.— ket those products around the world, and as petitive bidding or precluding sole source (a) HEARINGS.—The task force shall take such confers a benefit on the manufacturer. contract authority.’’. such testimony and solicit and receive such (14) The Administration provides extensive (b) CONFORMING AMENDMENT.—The chapter comments from the public and other inter- services to public use aircraft. analysis for chapter 453 is amended by strik- ested parties as it considers appropriate, SEC. 672. PURPOSES. ing the item relating to section 45301 and in- shall conduct 2 public hearings after afford- The purposes of this title are— serting the following new item: ing adequate notice to the public thereof, (1) to provide a financial structure for the ‘‘45301. General provisions.’’. and is authorized to conduct such additional Administration so that it will be able to sup- (c) REPEAL.— hearings as may be necessary. port the future growth in the national avia- (1) IN GENERAL.—Section 70118 is re- (B) CONSULTATION.—The task force shall tion and airport system; pealed. consult on a regular and frequent basis with (2) to review existing and alternative fund- (2) CONFORMING AMENDMENT.—The the Secretary of Transportation, the Sec- ing options, including incentive-based fees chapter analysis for chapter 701 is retary of the Treasury, the Committee on for services, and establish a program to im- amended by striking the item relating Commerce, Science, and Transportation and the Committee on Finance of the Senate, prove air traffic management system per- to section 70118. formance and to establish appropriate levels and the Committee on Transportation and SEC. 674. INDEPENDENT ASSESSMENT AND TASK of cost accountability for air traffic manage- Infrastructure and the Committee on Ways FORCE TO REVIEW EXISTING AND and Means of the House of Representatives. ment services provided by the Administra- INNOVATIVE FUNDING MECHA- (C) FACA NOT TO APPLY.—The task force tion; NISMS. shall not be considered an advisory com- (3) to ensure that any funding will be dedi- (a) INDEPENDENT ASSESSMENT.— cated solely for the use of the Administra- (1) INITIATION.—As soon as all members of mittee for purposes of the Federal Advisory tion; the task force are appointed under sub- Committee Act (5 U.S.C. App.). (4) to authorize the Administration to re- section (b) of this section, the Administrator (4) DUTIES.— cover the costs of its services from those who shall contract with an entity independent of (A) REPORT TO SECRETARY.— (i) IN GENERAL.—The task force shall sub- benefit from, but do not contribute to, the the Administration and the Department of mit a report setting forth a comprehensive national aviation system and the services Transportation to conduct a complete inde- analysis of the Administration’s budgetary provided by the Administration; pendent assessment of the financial require- requirements through fiscal year 2002, based (5) to consider a fee system based on the ments of the Administration through the upon the independent assessment under sub- cost or value of the services provided and year 2002. other funding alternatives; (2) ASSESSMENT CRITERIA.—The Adminis- section (a), that analyzes alternative financ- (6) to develop funding options for the Con- trator shall provide to the independent enti- ing and funding means for meeting the needs gress in order to provide for the long-term ty estimates of the financial requirements of of the aviation system through the year 2002. efficient and cost-effective support of the the Administration for the period described The task force shall submit a preliminary re- Administration and the aviation system; and in paragraph (1), using as a base the fiscal port of that analysis to the Secretary not (7) to achieve a more efficient and effective year 1997 authorization levels established by later than 6 months after the independent Administration for the benefit of the avia- the Congress. The independent assessment assessment is completed under subsection tion transportation industry. shall be based on an objective analysis of (a). The Secretary shall provide comments on the preliminary report to the task force SEC. 673. USER FEES FOR VARIOUS FEDERAL agency funding needs. AVIATION ADMINISTRATION SERV- (3) CERTAIN FACTORS TO BE TAKEN INTO AC- within 30 days after receiving it. The task ICES. COUNT.—The independent assessment shall force shall issue a final report of such com- (1) IN GENERAL.—Chapter 453 is amended by take into account all relevant factors, in- prehensive analysis within 30 days after re- striking section 45301 and inserting the fol- cluding— ceiving the Secretary’s comments on its pre- lowing new section: (A) anticipated air traffic forecasts; liminary report. (i) CONTENTS.—The report submitted by the ‘‘§ 45301. General provisions (B) other workload measures; (C) estimated productivity gains, if any, task force under clause (i)— ‘‘(a) SCHEDULE OF FEES.—The Adminis- which contribute to budgetary requirements; (I) shall consider the independent assess- trator shall establish a schedule of new fees, (D) the need for programs; and ment under subsection (a); and a collection process for such fees, for the (E) the need to provide for continued im- (II) shall consider estimated cost savings, following services provided by the Adminis- provements in all facets of aviation safety, if any, resulting from the procurement and tration: along with operational improvements in air personnel reforms included in this Act or in ‘‘(1) Air traffic control and related services traffic control. sections 347 and 348 of Public Law 104–50, and provided to aircraft other than military and (4) COST ALLOCATION.—The independent as- additional financial initiatives; civilian aircraft of the United States Govern- sessment shall also assess the costs to the (III) shall include specific recommenda- ment or of a foreign government that neither Administration occasioned by the provision tions to the Congress on how the Adminis- take off from, nor land in, the United States. of services to each segment of the aviation tration can reduce costs, raise additional ‘‘(2) Services (other than air traffic control system. revenue for the support of agency operations, services) provided to a foreign government. (5) DEADLINE.—The independent assess- and accelerate modernization efforts; and ‘‘(b) LIMITATIONS.— ment shall be completed no later than 90 (IV) shall include a draft bill containing ‘‘(1) AUTHORIZATION AND IMPACT CONSIDER- days after the contract is awarded, and shall the changes in law necessary to implement ATIONS.—In establishing fees under sub- be submitted to the task force, the Sec- its recommendations. section (a), the Administrator— retary, the Secretary of the Treasury, the (B) RECOMMENDATIONS.—The task force ‘‘(A) is authorized to recover in fiscal year Committee on Commerce, Science, and shall make such recommendations under 1997 $100,000,000; and Transportation and the Committee on Fi- subparagraph (A)(III) as the task force deems ‘‘(B) shall ensure that each of the fees re- nance of the Senate, and the Committee on appropriate. Those recommendations may quired by subsection (a) is directly related to Transportation and Infrastructure and the include— the Administration’s costs of providing the Committee on Ways and Means of the House (i) alternative financing and funding pro- service rendered. of Representatives. posals, including linked financing proposals; ‘‘(2) PUBLICATION; COMMENT.—The Adminis- (b) TASK FORCE.— (ii) modifications to existing levels of Air- trator shall publish in the Federal Register (1) ESTABLISHMENT.—Not later than 30 days ports and Airways Trust Fund receipts and an initial fee schedule and associated collec- after the date of enactment of this Act, the taxes for each type of tax; tion process as an interim final rule, pursu- Secretary, in consultation with the Sec- (iii) establishment of a cost-based user fee ant to which public comment will be sought retary of the Treasury, shall establish an 11- system based on, but not limited to, criteria and a final rule issued. member task force, independent of the Ad- under subparagraph (F) and methods to en- ‘‘(c) USE OF EXPERTS AND CONSULTANTS.— ministration and the Department of Trans- sure that costs are borne by users on a fair In developing the system, the Administrator portation. and equitable basis; may consult with such nongovernmental ex- (2) MEMBERSHIP.—The members of the task (iv) methods to ensure that funds collected perts as the Administrator may employ and force shall be selected from among individ- from the aviation community are able to the Administrator may utilize the services of uals who have expertise in the aviation in- meet the needs of the agency; experts and consultants under section 3109 of dustry and who are able, collectively, to rep- (v) methods to ensure that funds collected title 5 without regard to the limitation im- resent a balance view of the issues important from the aviation community and passengers posed by the last sentence of section 3109(b) to general aviation, major air carriers, air are used to support the aviation system; of such title, and may contract on a sole cargo carriers, regional air carriers, business (vi) means of meeting the airport infra- source basis, notwithstanding any other pro- aviation, airports, aircraft manufacturers, structure needs for large, medium, and small vision of law to the contrary. Notwith- the financial community, aviation industry airports; and standing any other provision of law to the workers, and airline passengers. At least one (vii) any other matter the task force deems contrary, the Administrator may retain such member of the task force shall have detailed appropriate to address the funding and needs experts under a contract awarded on a basis knowledge of the congressional budgetary of the Administration and the aviation sys- other than a competitive basis and without process. tem.

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(C) ADDITIONAL RECOMMENDATIONS.—The (G) ACCESS TO DOCUMENTS AND STAFF.—The than 120 days after the date of enactment of task force report may also make rec- Administration may give the task force ap- this Act. ommendations concerning— propriate access to relevant documents and SEC. 675. PROCEDURE FOR CONSIDERATION OF (i) means of improving productivity by ex- personnel of the Administration, and the Ad- CERTAIN FUNDING PROPOSALS. panding and accelerating the use of automa- ministrator shall make available, consistent (a) IN GENERAL.—Chapter 481 is amended tion and other technology; with the authority to withhold commercial by adding at the end thereof the following: (ii) means of contracting out services con- and other proprietary information under sec- ‘‘§ 48111. Funding proposals sistent with this Act, other applicable law, tion 552 of title 5, United States Code (com- ‘‘(a) INTRODUCTION AND REFERRAL.—Within and safety and national defense needs; monly known as the ‘Freedom of Informa- 15 days (not counting any day on which ei- (iii) methods to accelerate air traffic con- tion Act’) cost data associated with the ac- trol modernization and improvements in ther House is not in session) after a funding quisition and operation of air traffic service proposal is submitted to the House of Rep- aviation safety and safety services; systems. Any member of the task force who (iv) the elimination of unneeded programs; resentatives and the Senate by the Secretary receives commercial or other proprietary of Transportation under section 674(c) of the and data from the Administrator shall be subject (v) a limited innovative program based on Air Traffic Management System Perform- to the provisions of section 1905 of title 18, ance Improvement Act of 1996, an imple- funding mechanisms such as loan guaran- United States Code, pertaining to unauthor- tees, financial partnerships with for-profit menting bill with respect to such funding ized disclosure of such information. proposed shall be introduced in the House by private sector entities, government-spon- (H) TRAVEL AND PER DIEM.—Each member the Majority Leader of the House, for him- sored enterprises, and revolving loan funds, of the task force shall be paid actual travel self and the Minority Leader of the House, or as a means of funding specific facilities and expenses, and per diem in lieu of subsistence by Members of the House designated by the equipment projects, and to provide limited expenses when away from his or her usual Majority Leader and Minority Leader of the additional funding alternatives for airport place of residence, in accordance with sec- House; and shall be introduced in the Senate capacity development. tion 5703 of title 5, United States Code. by the Majority Leader of the Senate, for (D) IMPACT ASSESSMENT FOR RECOMMENDA- (I) DETAIL OF PERSONNEL FROM THE ADMIN- himself and the Minority Leader of the Sen- TIONS.—For each recommendation contained ISTRATION.—The Administrator shall make ate, or by Members of the Senate designated in the task force’s report, the report shall in- available to the task force such staff, infor- by the Majority Leader and Minority Leader clude a full analysis and assessment of the mation, and administrative services and as- of the Senate. The implementing bill shall be impact implementation of the recommenda- sistance as may reasonably be required to referred by the Presiding Officers of the re- tion would have on— enable the task force to carry out its respon- spective Houses to the appropriate com- (i) safety; sibilities under this subsection. mittee, or, in the case of a bill containing (ii) administrative costs; (5) AUTHORIZATION OF APPROPRIATIONS.— (iii) the congressional budget process; There are hereby authorized to be appro- provisions within the jurisdiction of two or (iv) the economics of the industry (includ- priated such sums as may be necessary to more committees, jointly to such commit- ing the proportionate share of all users); carry out the provisions of this subsection. tees for consideration of those provisions (v) the ability of the Administration to (c) REPORT BY SECRETARY TO CONGRESS.— within their respective jurisdictions. utilize the sums collected; and (1) CONSIDERATION OF TASK FORCE’S PRE- ‘‘(b) CONSIDERATION IN THE HOUSE OF REP- (vi) the funding needs of the Administra- LIMINARY REPORT.—Within 30 days after re- RESENTATIVES.— tion. ceiving the preliminary report of the task ‘‘(1) REFERRAL AND REPORTING.—Any com- (E) TRUST FUND TAX RECOMMENDATIONS.—If force under subsection (b), the Secretary, in mittee of the House of Representatives to the task force’s report includes a rec- consultation with the Secretary of the which an implementing bill is referred shall ommendation that the existing Airport and Treasury, shall furnish comments on that re- report it, with or without recommendation, Airways Trust Fund tax structure be modi- port to the task force. not later than the 45th calendar day of ses- fied, the report shall— (2) SECRETARY’S REPORT TO CONGRESS.— sion after the date of its introduction. If any (i) state the specific rates for each group Within 30 days after receiving the final re- committee fails to report the bill within that affected by the proposed modifications; port of the task force and in no event more period, it is in order to move that the House (ii) consider the impact such modifications than 1 year after the date of enactment of discharge the committee from further con- shall have on specific users and the public this Act, the Secretary, after consulting the sideration of the bill. A motion to discharge (including passengers); and Secretary of the Treasury, shall submit a re- may be made only by a Member favoring the (iii) state the basis for the recommenda- bill (but only at a time or place designated tions. port, based upon the final report of the task force, containing the Secretary’s rec- by the Speaker in the legislative schedule of (F) FEE SYSTEM RECOMMENDATIONS.—If the the day after the calendar day on which the task force’s report includes a recommenda- ommendations for funding the needs of the aviation system through the year 2002 to the Member offering the motion announces to tion that a fee system be established, includ- the House his intention to do so and the form ing an air traffic control performance-based Committee on Commerce, Science, and Transportation and the Committee on Fi- of the motion). The motion is highly privi- user fee system, the report shall consider— leged. Debate thereon shall be limited to not (i) the impact such a recommendation nance of the Senate and the Committee on more than one hour, the time to be divided would have on passengers, air fares (includ- Transportation and Infrastructure and the in the House equally between a proponent ing low-fare, high frequency service), service, Committee on Ways amd Means of the House and an opponent. The previous question shall and competition; of Representatives. be considered as ordered on the motion to its (ii) existing contributions provided by indi- (3) CONTENTS.—The Secretary shall include adoption without intervening motion. A mo- vidual air carriers toward funding the Ad- in his report to the Congress under para- tion to reconsider the vote by which the mo- ministration and the air traffic control sys- graph (2)— tion is agreed to or disagreed to shall not be tem through contributions to the Airport (A) a copy of the final report of the task in order. and Airways Trust Fund; force; and ONSIDERATION OF IMPLEMENTING (iii) continuing the promotion of fair and (B) a draft bill containing the changes in ‘‘(2) C BILL.—After an implementing bill is reported competitive practices; law necessary to implement the Secretary’s (iv) the unique circumstances associated recommendations. or a committee has been discharged from with interisland air carrier service in Hawaii (4) PUBLICATION.—The Secretary shall further consideration, it is in order to move and rural air service in Alaska; cause a copy of the reports to be printed in that the House resolve into the Committee (v) the impact such a recommendation the Federal Register upon their submission of the Whole House on the State of the Union would have on service to small communities; to Congress. for consideration of the bill. If reported and (vi) the impact such a recommendation (d) GAO AUDIT OF COST ALLOCATION.—The the report has been available for at least one would have on services provided by regional Comptroller General shall conduct an assess- calendar day, all points of order against the air carriers; ment of the manner in which costs for air bill and against consideration of the bill are (vii) alternative methodologies for calcu- traffic control services are allocated between waived. If discharged, all points of order lating fees so as to achieve a fair and reason- the Administration and the Department of against the bill and against consideration of able distribution of costs of service among Defense. The Comptroller General shall re- the bill are waived. The motion is highly users; port the results of the assessment, together privileged. A motion to reconsider the vote (viii) the usefulness of phased-in ap- with any recommendations the Comptroller by which the motion is agreed to or dis- proaches to implementing such a financing General may have for reallocation of costs agreed to shall not be in order. During con- system; and for opportunities to increase the effi- sideration of the bill in the Committee of the (ix) means of assuring the provision of gen- ciency of air traffic control services provided Whole, the first reading of the bill shall be eral fund contributions, as appropriate, to- by the Administration and by the Depart- dispensed with. General debate shall proceed, ward the support of the Administration; and ment of Defense, to the task force, the Ad- shall be confined to the bill, and shall not ex- (x) the provision of incentives to encourage ministrator, the Secretary of Defense, the ceed one hour equally divided and controlled greater efficiency in the provision of air traf- Committee on Transportation and Infra- by a proponent and an opponent of the bill. fic services by the Administration and great- structure of the House of Representatives, The bill shall be considered as read for er efficiency in the use of air traffic services and the Committee on Commerce, Science, amendment under the five-minute rule. Only by aircraft operators. and Transportation of the Senate not later one motion to rise shall be in order, except

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if offered by the manager. No amendment to debate (except as permitted under paragraph ‘‘(2) FUNDING PROPOSAL.—The term ‘fund- the bill is in order except an amendment (9)), to vote on the final disposition thereof ing proposal’ means a proposal to provide in- that is relevant to aviation funding and the to the exclusion of all amendments not then terim or permanent funding for operations of Federal Aviation Administration. Consider- pending and to the exclusion of all motions, the Federal Aviation Administration. ation of the bill for amendment shall not ex- except a motion to reconsider or table. ‘‘(f) RULES OF HOUSE OF REPRESENTATIVES ceed one hour excluding time for recorded ‘‘(B) The time for debate on the imple- AND SENATE.—This section is enacted by the votes and quorum calls. No amendment shall menting bill shall be equally divided between Congress— be subject to further amendment, except pro the Majority Leader and the Minority Lead- ‘‘(1) as an exercise of the rulemaking power forma amendments for the purposes of de- er or their designees. of the House of Representatives and the Sen- bate only. At the conclusion of the consider- ‘‘(7) DEBATE OF AMENDMENTS.—Debate on ate, respectively, and as such they are ation of the bill for amendment, the Com- any amendment to an implementing bill deemed a part of the rules of each House, re- mittee shall rise and report the bill to the shall be limited to one hour, equally divided spectively, but applicable only with respect House with such amendments as may have and controlled by the Senator proposing the to the procedure to be followed in that House been adopted. The previous question shall be amendment and the majority manager, un- in the case of implementing bills described considered as ordered on the bill and amend- less the majority manager is in favor of the in subsection (d); and they supersede other ments thereto to final passage without inter- amendment, in which case the minority rules only to the extent that they are incon- vening motion. A motion to reconsider the manager shall be in control of the time in sistent therewith; and vote on passage of the bill shall not be in opposition. ‘‘(2) with full recognition of the constitu- order. ‘‘(8) NO MOTION TO RECOMMIT.—A motion to tional right of either House to change the ‘‘(3) APPEALS OF RULINGS.—Appeals from recommit an implementing bill shall not be rules (so far as relating to the procedure of decision of the Chair regarding application in order. that House) at any time, in the same manner of the rules of the House of Representatives ‘‘(9) DISPOSITION OF SENATE BILL.—If the and to the same extent as in the case of any to the procedure relating to an imple- Senate has read for the third time an imple- other rule of that House.’’. menting bill shall be decided without debate. menting bill that originated in the Senate, (b) CLERICAL AMENDMENT.—The table of ‘‘(4) CONSIDERATION OF MORE THAN ONE IM- then it shall be in order at any time there- sections for chapter 481 is amended by adding PLEMENTING BILL.—It shall not be in order to after to move to proceed to the consideration at the end thereof the following: consider under this subsection more than of an implementing bill for the same special ‘‘48111. Funding proposals.’’. one implementing bill under this section, ex- message received from the House of Rep- SEC. 676. ADMINISTRATIVE PROVISIONS. cept for consideration of a similar Senate resentatives and placed on the Calendar pur- (a) IN GENERAL.—Chapter 453, as amended bill (unless the House has already rejected an suant to paragraph (2), strike all after the by section 654 of this title, is further amend- implementing bill) or more than one motion enacting clause, substitute the text of the ed by— to discharge described in paragraph (1) with Senate implementing bill, agree to the Sen- (1) redesignating section 45303 as section respect to an implementing bill. ate amendment, and vote on final disposition 45304; and ‘‘(c) CONSIDERATION IN THE SENATE.— of the House implementing bill, all without (2) by inserting after section 45302 the fol- ‘‘(1) REFERRAL AND REPORTING.—An imple- any intervening action or debate. lowing: menting bill introduced in the Senate shall ‘‘(10) CONSIDERATION OF HOUSE MESSAGE.— ‘‘§ 45303. Administrative provisions be referred to the appropriate committee or Consideration in the Senate of all motions, ‘‘(a) IN GENERAL.— amendments, or appeals necessary to dispose committees. A committee to which an imple- ‘‘(1) FEES PAYABLE TO ADMINISTRATOR.—All menting bill has been referred shall report of a message from the House of Representa- fees imposed and amounts collected under the bill not later than the 45th day of session tives on an implementing bill shall be lim- this chapter for services performed, or mate- following the date of introduction of that ited to not more than 4 hours. Debate on rials furnished, by the Federal Aviation Ad- bill. If any committee fails to report the bill each motion or amendment shall be limited ministration (hereafter in this section re- within that period, then it shall be in order to 30 minutes. Debate on any appeal or point ferred to as ‘Administration’) are payable to to move to discharge the committee from of order that is submitted in connection with the Administrator. further consideration of the bill under rule the disposition of the House message shall be ‘‘(2) REFUNDS.—The Administrator may re- 17.4 of the Standing Rules of the Senate, and limited to 20 minutes. Any time for debate fund any fee paid by mistake or any amount the bill shall be placed on the Calendar. A shall be equally divided and controlled by paid in excess of that required. motion to discharge the committee from fur- the proponent and the majority manager, ‘‘(3) RECEIPTS CREDITED TO ACCOUNT.—Not- ther consideration of an implementing bill unless the majority manager is a proponent withstanding section 3302 of title 31 all fees under this paragraph shall not be debatable. of the motion, amendment, appeal, or point and amounts collected by the Administra- It shall not be in order to move to reconsider of order, in which case the minority manager tion, except insurance premiums and other the vote by which the motion to discharge shall be in control of the time in opposition. fees charged for the provision of insurance was adopted or rejected, although subse- ‘‘(d) CONSIDERATION IN CONFERENCE.— and deposited in the Aviation Insurance Re- quent motions to discharge may be made ‘‘(1) CONVENING OF CONFERENCE.—In the volving Fund and interest earned on invest- under this paragraph. case of disagreement between the two Houses ments of such Fund, and except amounts ‘‘(2) IMPLEMENTING BILL FROM HOUSE.— of Congress with respect to an implementing which on the date of enactment of the Air When the Senate receives from the House of bill passed by both Houses, conferees should Traffic Management System Performance Representatives an implementing bill, the be promptly appointed and a conference Improvement Act of 1996 are required to be bill shall not be referred to committee and promptly convened, if necessary. credited to the general fund of the Treasury shall be placed on the Calendar. ‘‘(2) HOUSE CONSIDERATION.—Notwith- (whether imposed under this section or ‘‘(3) CONSIDERATION OF SINGLE IMPLE- standing any other rule of the House of Rep- not)— MENTING BILL.—After the Senate has pro- resentatives, it shall be in order to consider ‘‘(A) shall be credited to a separate ac- ceeded to the consideration of an imple- the report of a committee of conference re- count established in the Treasury and made menting bill under this subsection, then no lating to an implementing bill if such report available for Administration activities as other implementing bill originating in that has been available for one calendar day (ex- offsetting collections; same House shall be subject to the proce- cluding Saturdays, Sundays, and legal holi- ‘‘(B) shall be available immediately for ex- dures set forth in this subsection. days, unless the House is in session on such penditure but only for congressionally au- ‘‘(4) AMENDMENTS.—No amendment to the a day) and the accompanying statement thorized and intended purposes; and bill is in order except an amendment that is shall have been filed in the House. ‘‘(C) shall remain available until expended. relevant to aviation funding and the Federal ‘‘(3) SENATE CONSIDERATION.—Consideration ‘‘(4) ANNUAL BUDGET REPORT BY ADMINIS- Aviation Administration. Consideration of in the Senate of the conference report and TRATOR.—The Administrator shall, on the the bill for amendment shall not exceed one any amendments in disagreement on an im- same day each year as the President submits hour excluding time for recorded votes and plementing bill shall be limited to not more the annual budget to the Congress, provide quorum calls. No amendment shall be sub- than 4 hours equally divided and controlled to the Committee on Commerce, Science, ject to further amendment, except for per- by the Majority Leader and the Minority and Transportation of the Senate and the fecting amendments. Leader or their designees. A motion to re- Committee on Transportation and Infra- ‘‘(5) MOTION NONDEBATABLE.—A motion to commit the conference report is not in order. structure of the House of Representatives— proceed to consideration of an implementing ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(A) a list of fee collections by the Admin- bill under this subsection shall not be debat- tion— istration during the preceding fiscal year; able. It shall not be in order to move to re- ‘‘(1) IMPLEMENTING BILL.—The term ‘imple- ‘‘(B) a list of activities by the Administra- consider the vote by which the motion to menting bill’ means only a bill of either tion during the preceding fiscal year that proceed was adopted or rejected, although House of Congress which is introduced as were supported by fee expenditures and ap- subsequent motions to proceed may be made provided in subsection (a) with respect to propriations; under this paragraph. one or more Federal Aviation Administra- ‘‘(C) budget plans for significant programs, ‘‘(6) LIMIT ON CONSIDERATION.— tion funding proposals which contain projects, and activities of the Administra- ‘‘(A) After no more than 20 hours of consid- changes in existing laws or new statutory tion, including out-year funding estimates; eration of an implementing bill, the Senate authority required to implement such fund- ‘‘(D) any proposed disposition of surplus shall proceed, without intervening action or ing proposal or proposals. fees by the Administration; and

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‘‘(E) such other information as those com- (b) FINDINGS.—The Congress finds that— ‘‘(f) RECORDS OF EMPLOYMENT OF PILOT AP- mittees consider necessary. (1) air service in rural areas is essential to PLICANTS.— ‘‘(5) DEVELOPMENT OF COST ACCOUNTING SYS- a national transportation network; ‘‘(1) IN GENERAL.—Before hiring an indi- TEM.—The Administration shall develop a (2) the rural air service infrastructure sup- vidual as a pilot, an air carrier shall request cost accounting system that adequately and ports the safe operation of all air travel; and receive the following information: accurately reflects the investments, oper- (3) rural air service creates economic bene- ‘‘(A) FAA RECORDS.—From the Adminis- ating and overhead costs, revenues, and fits for all air carriers by making the na- trator of the Federal Aviation Administra- other financial measurement and reporting tional aviation system available to pas- tion (hereafter in this subsection referred to aspects of its operations. sengers from rural areas; as the ‘Administrator’), records pertaining ‘‘(6) COMPENSATION TO CARRIERS FOR ACTING (4) rural air service has suffered since de- to the individual that are maintained by the AS COLLECTION AGENTS.—The Administration regulation; Administrator concerning— shall prescribe regulations to ensure that (5) the essential air service program under ‘‘(i) current airman certificates (including any air carrier required, pursuant to the Air the Department of Transportation— airman medical certificates) and associated Traffic Management System Performance (A) provides essential airline access to type ratings, including any limitations to Improvement Act of 1996 or any amendments rural and isolated rural communities those certificates and ratings; and made by that Act, to collect a fee imposed on throughout the Nation; ‘‘(ii) summaries of legal enforcement ac- (B) is necessary for the economic growth another party by the Administrator may col- tions resulting in a finding by the Adminis- and development of rural communities; lect from such other party an additional uni- trator of a violation of this title or a regula- (C) is a critical component of the national form amount that the Administrator deter- tion prescribed or order issued under this transportation system of the United States; mines reflects the necessary and reasonable title that was not subsequently overturned. and ‘‘(B) AIR CARRIER AND OTHER RECORDS.— expenses (net of interest accruing to the car- (D) has endured serious funding cuts in re- rier after collection and before remittance) From any air carrier or other person that cent years; and incurred in collecting and handling the fee. (6) a reliable source of funding must be es- has employed the individual at any time dur- ‘‘(7) COST REDUCTION AND EFFICIENCY RE- tablished to maintain air service in rural ing the 5-year period preceding the date of PORT.—Prior to the submission of any pro- areas and the essential air service program. the employment application of the indi- posal for establishment, implementation, or (c) ESSENTIAL AIR SERVICE AUTHORIZA- vidual, or from the trustee in bankruptcy for expansion of any fees or taxes imposed on TION.—Section 41742 is amended to read as such air carrier or person— the aviation industry, the Administrator follows: ‘‘(i) records pertaining to the individual shall prepare a report for submission to the that are maintained by an air carrier under ‘‘§ 41742. Essential air service authorization Congress which includes— regulations set forth in— ‘‘(A) a justification of the need for the pro- ‘‘(a) IN GENERAL.—Out of the amounts re- ‘‘(I) section 121.683 of title 14, Code of Fed- posed fees or taxes; ceived by the Administration credited to the eral Regulations; ‘‘(B) a statement of steps taken by the Ad- account established under section 45303(a)(3) ‘‘(II) paragraph (A) of section VI, appendix ministrator to reduce costs and improve effi- or otherwise provided to the Administration, I, part 121 of such title; ciency within the Administration; the sum of $50,000,000 is authorized and shall ‘‘(III) paragraph (A) of section IV, appendix ‘‘(C) an analysis of the impact of any fee or be made available immediately for obliga- J, part 121 of such title; tax increase on each sector of the aviation tion and expenditure to carry out the essen- ‘‘(IV) section 125.401 of such title; and transportation industry; and tial air service program under this sub- ‘‘(V) section 135.63(a)(4) of such title; and ‘‘(D) a comparative analysis of any de- chapter for each fiscal year. ‘‘(ii) other records pertaining to the indi- crease in tax amounts equal to the receipts ‘‘(b) FUNDING FOR SMALL COMMUNITY AIR vidual that are maintained by the air carrier from which are credited to the Airport and SERVICE.—Notwithstanding any other provi- or person concerning— Airway Trust Fund established under section sion of law, moneys credited to the account ‘‘(I) the training, qualifications, pro- 9502 of the Internal Revenue Code of 1986.’’. established under section 45303(a), including ficiency, or professional competence of the (b) CONFORMING AMENDMENT.—The chapter the funds derived from fees imposed under individual, including comments and evalua- analysis for chapter 453 is amended by strik- the authority contained in section 45301(a), tions made by a check airman designated in ing the item relating to section 45303 and in- shall be used to carry out the essential air accordance with section 121.411, 125.295, or serting the following: service program under this subchapter. Not- 135.337 of such title; ‘‘45303. Administrative provisions. withstanding section 47114(g) of this title, ‘‘(II) any disciplinary action taken with re- ‘‘45304. Maximum fees for private person any amounts from those fees that are not ob- spect to the individual that was not subse- services.’’. ligated or expended at the end of the fiscal quently overturned; and SEC. 677. ADVANCE APPROPRIATIONS FOR AIR- year for the purpose of funding the essential ‘‘(III) any release from employment or res- PORT AND AIRWAY TRUST FUND AC- air service program under this subchapter ignation, termination, or disqualification TIVITIES. shall be made available to the Administra- with respect to employment. (a) IN GENERAL.—Part C of subtitle VII is tion for use in improving rural air safety ‘‘(C) NATIONAL DRIVER REGISTER RECORDS.— amended by adding at the end the following under subchapter I of chapter 471 of this title In accordance with section 30305(b)(7), from new chapter: and shall be used exclusively for projects at the chief driver licensing official of a State, ‘‘CHAPTER 482—ADVANCE APPROPRIA- rural airports under this subchapter.’’. information concerning the motor vehicle TIONS FOR AIRPORT AND AIRWAY (d) CONFORMING AMENDMENT.—The chapter driving record of the individual. TRUST FACILITIES analysis for chapter 417 is amended by strik- ‘‘(2) WRITTEN CONSENT; RELEASE FROM LI- ‘‘Sec. ing the item relating to section 41742 and in- ABILITY.—An air carrier making a request for ‘‘48201. Advance appropriations. serting the following: records under paragraph (1)— ‘‘(A) shall be required to obtain written ‘‘41742. Essential air service authorization.’’. ‘‘§ 48201. Advance appropriations consent to the release of those records from ‘‘(a) MULTIYEAR AUTHORIZATIONS.—Begin- (e) SECRETARY MAY REQUIRE MATCHING the individual that is the subject of the ning with fiscal year 1998, any authorization LOCAL FUNDS.—Section 41737 is amended by records requested; and of appropriations for an activity for which adding at the end thereof the following: ‘‘(B) may, notwithstanding any other pro- amounts are to be appropriated from the Air- ‘‘(e) MATCHING FUNDS.—No earlier than 2 vision of law or agreement to the contrary, port and Airway Trust Fund established years after the effective date of section 679 of require the individual who is the subject of under section 9502 of the Internal Revenue the Air Traffic Management System Per- the records to request to execute a release Code of 1986 shall provide funds for a period formance Improvement Act of 1996, the Sec- from liability for any claim arising from the of not less than 3 fiscal years unless the ac- retary may require an eligible agency, as de- furnishing of such records to or the use of tivity for which appropriations are author- fined in section 40117(a)(2) of this title, to such records by such air carrier (other than ized is to be concluded before the end of that provide matching funds of up to 10 percent a claim arising from furnishing information period. for any payments it receives under this sub- known to be false and maintained in viola- ‘‘(b) MULTIYEAR APPROPRIATIONS.—Begin- chapter.’’. tion of a criminal statute). (f) TRANSFER OF ESSENTIAL AIR SERVICE ning with fiscal year 1998, amounts appro- ‘‘(3) 5-YEAR REPORTING PERIOD.—A person priated from the Airport and Airway Trust PROGRAM TO FAA.—The responsibility for shall not furnish a record in response to a re- Fund shall be appropriated for periods of 3 administration of subchapter II of chapter quest made under paragraph (1) if the record fiscal years rather than annually.’’. 417 is transferred from the Secretary of was entered more than 5 years before the (c) CONFORMING AMENDMENT.—The analysis Transportation to the Administrator. date of the request, unless the information for subtitle VIII is amended by adding at the TITLE VII—PILOT RECORDS concerns a revocation or suspension of an end the following new item: SEC. 701. SHORT TITLE. airman certificate or motor vehicle license ‘‘482. Advance appropriations for This title may be cited as the ‘‘Pilot that is in effect on the date of the request. airport and airway trust facili- Records Improvement Act of 1996’’. ‘‘(4) REQUIREMENT TO MAINTAIN RECORDS.— ties ...... 48201.’’. SEC. 702. EMPLOYMENT INVESTIGATIONS OF The Administrator shall maintain pilot SEC. 678. RURAL AIR SERVICE SURVIVAL ACT. PILOT APPLICANTS. records described in paragraph (1)(A) for a (a) SHORT TITLE.—This section may be (a) IN GENERAL.—Section 44936 is amended period of at least 5 years. cited as the ‘‘Rural Air Service Survival by adding at the end the following new sub- ‘‘(5) RECRIPT OF CONSENT; PROVISION OF IN- Act’’. section: FORMATION.—A person shall not furnish a

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record in response to a request made under ‘‘(13) REGULATIONS.—The Administrator (2) standards and criteria for pilot training paragraph (1) without first obtaining a copy may prescribe such regulations as may be facilities to be licensed by the Administrator of the written consent of the individual who necessary— and which will assure that pilots trained at is the subject of the records requested. A per- ‘‘(A) to protect— such facilities meet the preemployment son who receives a request for records under ‘‘(i) the personal privacy of any individual screening standards and criteria described in this paragraph shall furnish a copy of all of whose records are requested under paragraph paragraph (1). such requested records maintained by the (1); and TITLE VIII-ABOLITION OF BOARD OF person not later than 30 days after receiving ‘‘(ii) the confidentiality of those records; REVIEW the request. ‘‘(B) to preclude the further dissemination SEC. 801. ABOLITION OF BOARD OF REVIEW AND ‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF of records received under paragraph (1) by RELATED AUTHORITY. ANY RECORD FURNISHED.—A person who re- the person who requested those records; and (a) ABOLITION OF BOARD OF REVIEW.—Sec- ‘‘(C) to ensure prompt compliance with any ceives a request for records under paragraph tion 6007 of the Metropolitan Washington request made under paragraph (1). (1) shall provide to the individual who is the Airports Act of 1986 (formerly 49 U.S.C. App. ‘‘(g) LIMITATION ON LIABILITY; PREEMPTION subject of the records— 2456) is amended— ‘‘(A) written notice of the request and of OF STATE LAW.— (1) by striking subsections (f) and (h); ‘‘(1) LIMITATION ON LIABILITY.—No action or the right of that individual to receive a copy (2) by redesignating subsection (g) as sub- proceeding may be brought by or on behalf of of such records; and section (f); and ‘‘(B) a copy of such records, if requested by an individual who has applied for or is seek- (3) by redesignating subsection (i) as sub- the individual. ing a position with an air carrier as a pilot section (g). ‘‘(7) REASONABLE CHARGES FOR PROCESSING and who has signed a release from liability, (b) CONFORMING AMENDMENTS.— REQUESTS AND FURNISHING COPIES.—A person as provided for under paragraph (2), (1) RELATIONSHIP TO AND EFFECT OF OTHER who receives a request under paragraph (1) or against— LAWS.—Section 6009(b) of the Metropolitan (6) may establish a reasonable charge for the ‘‘(A) the air carrier requesting the records Washington Airports Act of 1986 (formerly 49 cost of processing the request and furnishing of that individual under subsection (a)(1); U.S.C. App. 2458(b)) is amended by striking copies of the requested records. ‘‘(B) a person who has complied with such ‘‘or by reason of the authority’’ and all that ‘‘(8) STANDARD FORMS.—The Administrator request; or follows through the end of the subsection shall promulgate— ‘‘(C) an agent or employee of a person de- and inserting a period. ‘‘(A) standard forms that may be used by scribed in subparagraph (A) or (B); (2) SEPARABILITY.—Section 6011 of the Met- an air carrier to request records under para- in the nature of an action for defamation, in- ropolitan Washington Airports Act of 1986 graph (1); and vasion of privacy, negligence, interference ‘‘(B) standard forms that may be used by (formerly 49 U.S.C. App. 2460) is amended by with contract, or otherwise, or under any an air carrier to— striking ‘‘Except as provided in section Federal or State law with respect to the fur- ‘‘(i) obtain the written consent of the indi- 6007(h), if’’ and inserting ‘‘If’’. nishing or use of such records in accordance vidual who is the subject of a request under (c) PROTECTION OF CERTAIN ACTIONS.—Any with subsection (a). paragraph (1); and action taken by the Airports Authority and ‘‘(ii) inform the individual of— ‘‘(2) PREEMPTION.—No State or political submitted to the Board of Review pursuant ‘‘(I) the request; and subdivision thereof may enact, prescribe, to section 6007(f)(4) of the Metropolitan ‘‘(II) the individual right of that individual issue, continue in effect, or enforce any law Washington Airports Act of 1986 before April to receive a copy of any records furnished in (including any regulation, standard, or other 1, 1995, shall remain in effect and shall not be response to the request. provision having the force and effect of law) set aside solely by reason of a judicial order ‘‘(9) RIGHT TO CORRECT INACCURACIES.—An that prohibits, penalizes, or imposes liability invalidating certain functions of the Board. air carrier that maintains or requests and re- for furnishing or using records in accordance SEC. 802. SENSE OF THE SENATE. ceives the records of an individual under with subsection (a). It is the sense of the Senate that the Air- paragraph (1) shall provide the individual ‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR- ports Authority— with a reasonable opportunity to submit MATION.—Paragraph (1) and (2) shall not (1) should not provide any reserved parking written comments to correct any inaccura- apply with respect to a person who furnishes areas free of charge to Members of Congress, cies contained in the records before making information in response to a request made other Government officials, or diplomats at a final hiring decision with respect to the in- under subsection (f)(1), that— Washington National Airport or Washington dividual. ‘‘(A) the person knows is false; and Dulles International Airport; and ‘‘(10) RIGHT OF PILOT TO REVIEW CERTAIN ‘‘(B) was maintained in violation of a (2) should establish a parking policy for RECORDS.—Notwithstanding any other provi- criminal statute of the United States.’’. such airports that provides equal access to sion of law or agreement, an air carrier (b) CONFORMING AMENDMENT.—Section the public, and does not provide preferential shall, upon written request from a pilot em- 30305(b) is amended— parking privileges to Members of Congress, ployed by such carrier, make available, with- (1) by redesignating paragraph (7) as para- other Government officials, or diplomats. in a reasonable time of the request, to the graph (8); and SEC. 803. CONFORMING AMENDMENTS IN OTHER pilot for review, any and all employment (2) by inserting after paragraph (6) the fol- LAW. records referred to in paragraph (1)(B) (i) or lowing; Any reference in any Federal law, Execu- (ii) pertaining to the employment of the ‘‘(7) An individual who is seeking employ- tive order, rule, regulation, or delegation of pilot. ment by an air carrier as a pilot may request authority to the Board of Review or the pro- ‘‘(11) PRIVACY PROTECTIONS.—An air carrier the chief driver licensing official of a State visions of law repealed under this title is that receives the records of an individual to provide information about the individual hereby repealed. under paragraph (2) to the prospective em- under paragraph (1) may use such records SEC. 804. DEFINITIONS. ployer of the individual or to the Secretary only to assess the qualifications of the indi- For purposes of this title— of Transportation. Information may not be vidual in deciding whether or not to hire the (1) the terms ‘‘Airports Authority’’, obtained from the National Driver Register individual as a pilot. The air carrier shall ‘‘Washington National Airport’’, and ‘‘Wash- under this subsection if the information was take such actions as may be necessary to ington Dulles International Airport’’ have entered in the Register more than 5 years be- protect the privacy of the pilot and the con- the same meanings as in section 6004 of the fore the request unless the information is fidentiality of the records, including ensur- Metropolitan Washington Airports Act of about a revocation or suspension still in ef- ing that information contained in the 1986; and records is not divulged to any individual fect on the date of the request.’’. (2) the term ‘‘Board of Review’’ means the PPLICABILITY.—The amendments made that is not directly involved in the hiring de- (c) A Board of Review of the Airports Authority. cision. by this section shall apply to any air carrier hiring an individual as a pilot whose applica- SEC. 805. INCREASE IN NUMBER OF PRESI- ‘‘(12) PERIODIC REVIEW.—Not later than 18 DENTIALLY APPOINTED MEMBERS months after the date of enactment of the tion was first received by the carrier on or OF BOARD. Pilot Records Improvement Act of 1996, and after the 120th day after the date of enact- (a) IN GENERAL.—Section 6007(e) of the at least once every 3 years thereafter, the ment of this Act. Metropolitan Washington Airports Act of Administrator shall transmit to the Con- SEC. 703. STUDY OF MINIMUM STANDARDS FOR 1986 (formerly 49 U.S.C. 2456(e)) is amended— gress a statement that contains, taking into PILOT QUALIFICATIONS. (1) by striking ‘‘11 members,’’ in paragraph account recent developments in the aviation The Administrator shall appoint a task (1) and inserting ‘‘13 members,’’; industry— force consisting of appropriate representa- (2) by striking ‘‘one member’’ in paragraph ‘‘(A) recommendations by the Adminis- tives of the aviation industry to conduct a (1)(D) and inserting ‘‘3 members’’; and trator concerning proposed changes to Fed- study directed toward the development of— (3) by striking ‘‘Seven’’ in paragraph (5) eral Aviation Administration records, air (1) standards and criteria for preemploy- and inserting ‘‘Eight’’. carrier records, and other records required to ment screening tests measuring the psycho- (b) STAGGERING TERMS FOR PRESIDENTIAL be furnished under subparagraphs (A) and (B) motor coordination, general intellectual ca- APPOINTEES.—Of the members first appointed of paragraph (1); or pacity, instrument and mechanical com- by the President after the date of enactment ‘‘(B) reasons why the Administrator does prehension, and physical and mental fitness of this Act— not recommend any proposed changes to the of an applicant for employment as a pilot by (1) one shall be appointed for a term that records referred to in subparagraph (A). an air carrier; and expires simultaneously with the term of the

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10707 member of the Metropolitan Washington (5) sponsors who have been found to have ‘‘47133. Restriction on use of revenues.’’. Airports Authority board of directors serv- illegally diverted airport revenues— SEC. 905. REGULATIONS; AUDITS AND ACCOUNT- ing on that date (or, if there is a vacancy in (A) have not reimbursed or made restitu- ABILITY. that office, the member appointed to fill the tion to airports in a timely manner; and (a) IN GENERAL.—Section 47107 is amended existing vacancy and the member to whom (B) must be encouraged to do so. by adding at the end the following new sub- this paragraph applies shall be appointed for (b) PURPOSE.—The purpose of this title is sections: 2 years); to ensure that airport users are not burdened ‘‘(m) AUDIT CERTIFICATION.— (2) one shall be appointed for a term ending with hidden taxation for unrelated municipal ‘‘(1) IN GENERAL.—The Secretary of Trans- 2 years after the term of the member (or services and activities by— portation (hereafter in this section referred members) to whom paragraph (1) applies ex- (1) eliminating the ability of any State or to as the ‘Secretary’), acting through the pires; and political subdivision thereof that is a recipi- Administrator of the Federal Aviation Ad- (3) one shall be appointed for a term ending ent of a project grant to divert airport reve- ministration (hereafter in this section re- 4 years after the term of the member (or nues for purposes that are not related to an ferred to as the ‘Administrator’), shall pro- members) to whom paragraph (1) applies ex- airport, in violation of section 47107 of title mulgate regulations that require a recipient pires. 49, United States Code; of a project grant (or any other recipient of SEC. 806. RECONSTITUTED BOARD TO FUNCTION (2) imposing financial reporting require- Federal financial assistance that is provided WITHOUT INTERRUPTION. ments that are designed to identify instances for an airport) to include as part of an an- Notwithstanding any provision of State of illegal diversions referred to in paragraph nual audit conducted under sections 7501 law, including those provisions establishing, (1); through 7505 of title 31, a review and opinion providing for the establishment of, or recog- (3) establishing a statute of limitations for of the review concerning the funding activi- nizing the Metropolitan Washington Airports airport revenue diversion actions; ties with respect to an airport that is the Authority, and based upon the Federal inter- (4) clarifying limitations on revenue diver- subject of the project grant (or other Federal est in the continued functions of the Metro- sion that are permitted under chapter 471 of financial assistance) and the sponsors, own- politan Washington Airports (as defined in title 49, United States Code; and ers, or operators (or other recipients) in- section 6004(4) of the Metropolitan Wash- (5) establishing clear penalties and enforce- volved. ington Airports Authority Act of 1986 (for- ment mechanisms for identifying and pros- ‘‘(2) CONTENT OF REVIEW.—A review con- merly 49 U.S.C. 2451(4)), the board of direc- ecuting airport revenue diversion. ducted under paragraph (1) shall provide rea- tors of such Authority, including any mem- SEC. 903. DEFINITIONS. sonable assurances that funds paid or trans- bers appointed under the amendments made For purposes of this title, the following ferred to sponsors are paid or transferred in by section 805, shall continue to meet and definitions shall apply: a manner consistent with the applicable re- act after the date of enactment of this Act (1) ADMINISTRATOR.—The term ‘‘Adminis- quirements of this chapter and any other ap- until such time as necessary conforming trator’’ means the Administrator of the Fed- plicable provision of law (including regula- changes in State law are made in the same eral Aviation Administration. tions promulgated by the Secretary or the (2) AIRPORT.—The term ‘‘airport’’ has the manner as if those conforming changes had Administrator). meaning provided that term in section EQUIREMENTS FOR AUDIT REPORT been enacted on the date of enactment of ‘‘(3) R .— 47102(2) of title 49, United States Code. this Act. The report submitted to the Secretary under (3) PROJECT GRANT.—The term ‘‘project this subsection shall include a specific deter- SEC. 807. OPERATIONAL SLOTS AT NATIONAL grant’’ has the meaning provided that term mination and opinion regarding the appro- AIRPORT. in section 47102(14) of title 49, United States Nothing in this title shall affect the num- priateness of the disposition of airport funds Code. ber or distribution of operational slots at paid or transferred to a sponsor. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(n) RECOVERY OF ILLEGALLY DIVERTED National Airport. means the Secretary of Transportation. FUNDS.— SEC. 808. AIRPORTS AUTHORITY SUPPORT OF (5) SPONSOR.—The term ‘‘sponsor’’ has the ‘‘(1) IN GENERAL.—Not later than 180 days BOARD. meaning provided that term in section after the issuance of an audit or any other Section 6005 of the Metropolitan Wash- 47102(19) of title 49, United States Code. report that identifies an illegal diversion of ington Airports Authority Act of 1986 (for- SEC. 904. RESTRICTION ON USE OF AIRPORT REV- airport revenues (as determined under sub- merly 49 U.S.C. 2454) is amended by adding at ENUES. sections (b) and (l) and section 47133), the the end thereof the following: (a) IN GENERAL.—Subchapter I of chapter Secretary, acting through the Adminis- ‘‘(f) FEDERAL AGENCY OVERSIGHT.—The Air- 471, as amended by section 201(a) of this Act, trator, shall— ports Authority shall not be required— is further amended by adding at the end of ‘‘(A) review the audit or report; ‘‘(1) to pay any person; subchapter I the following new section: ‘‘(B) perform appropriate factfinding; and ‘‘(2) to provide office space or administra- ‘‘(C) conduct a hearing and render a final ‘‘§ 47133. Restriction on use of revenues tive support; or determination concerning whether the ille- ‘‘(3) to reimburse the Secretary of Trans- ‘‘(a) PROHIBITION.—Local taxes on aviation gal diversion of airport revenues asserted in portation for expenses incurred, fuel (except taxes in effect on December 30, the audit or report occurred. for carrying out any Federal agency over- 1987) or the revenues generated by an airport ‘‘(2) NOTIFICATION.—Upon making such a sight responsibilities under this Act. Noth- that is the subject of Federal assistance may finding, the Secretary, acting through the ing in this subsection precludes the Airport not be expended for any purpose other than Administrator, shall provide written notifi- Authority from providing services or ex- the capital or operating costs of— cation to the sponsor and the airport of— penses to any member of the Board of Direc- ‘‘(1) the airport; ‘‘(A) the finding; and tors.’’. ‘‘(2) the local airport system; or ‘‘(B) the obligations of the sponsor to reim- ‘‘(3) any other local facility that is owned burse the airport involved under this para- TITLE IX—AIRPORT REVENUE or operated by the person or entity that PROTECTION graph. owns or operates the airport that is directly ‘‘(3) ADMINISTRATIVE ACTION.—The Sec- SEC. 901. SHORT TITLE. and substantially related to the air transpor- retary may withhold any amount from funds This title may be cited as the ‘‘Airport tation of passengers or property. that would otherwise be made available to Revenue Protection Act of 1996’’. ‘‘(b) EXCEPTIONS.—Subsection (a) shall not the sponsor, including funds that would oth- SEC. 902. FINDINGS; PURPOSE. apply if a provision enacted not later than erwise be made available to a State, munici- (a) IN GENERAL.—The Congress finds that— September 2, 1982, in a law controlling fi- pality, or political subdivision thereof (in- (1) section 47107 of title 49, United States nancing by the airport owner or operator, or cluding any multimodal transportation Code, prohibits the diversion of certain rev- a covenant or assurance in a debt obligation agency or transit authority of which the enue generated by a public airport as a con- issued not later than September 2, 1982, by sponsor is a member entity) as part of an ap- dition of receiving a project grant; the owner or operator, provides that the rev- pointment or grant made available pursuant (2) a grant recipient that uses airport rev- enues, including local taxes on aviation fuel to this title, if the sponsor— enue for purposes that are not airport re- at public airports, from any of the facilities ‘‘(A) receives notification that the sponsor lated in a manner inconsistent with chapter of the owner or operator, including the air- is required to reimburse an airport; and 471 of title 49, United States Code, illegally port, be used to support not only the airport ‘‘(B) has had an opportunity to reimburse diverts airport revenues; but also the general debt obligations or the airport, but has failed to do so. (3) any diversion of airport revenues in vio- other facilities of the owner or operator. ‘‘(4) CIVIL ACTION.—If a sponsor fails to pay lation of the condition referred to in para- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in an amount specified under paragraph (3) dur- graph (1) undermines the interest of the this section may be construed to prevent the ing the 180-day period beginning on the date United States in promoting a strong na- use of a State tax on aviation fuel to support of notification and the Secretary is unable to tional air transportation system that is re- a State aviation program or the use of air- withhold a sufficient amount under para- sponsive to the needs of airport users; port revenue on or off the airport for a noise graph (3), the Secretary, acting through the (4) the Secretary and the Administrator mitigation purpose.’’. Administrator, may initiate a civil action have not enforced airport revenue diversion (b) CONFORMING AMENDMENT.—The chapter under which the sponsor shall be liable for rules adequately and must have additional analysis for subchapter I of chapter 471 is civil penalty in an amount equal to the ille- regulatory tools to increase enforcement ef- amended by adding at the end the following gal diversion in question plus interest (as de- forts; and new item: termined under subsection (o)).

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‘‘(5) DISPOSITION OF PENALTIES.— dures established under section 47107(l) of ‘‘(F) for debt financing of a terminal devel- ‘‘(A) AMOUNTS WITHHELD.—The Secretary title 49, United States Code, to take into ac- opment project that, on an annual basis, has or the Administrator shall transfer any count the amendments made to that section a total number of enplanements that is less amounts withheld under paragraph (3) to the by this title. than or equal to 0.05 percent of the total Airport and Airway Trust Fund. (2) STATUTE OF LIMITATIONS.—Section enplanements in the United States if— ‘‘(B) CIVIL PENALTIES.—With respect to any 47107(l) is amended by adding at the end the ‘‘(i) construction for the project com- amount collected by a court in a civil action following new paragraph: menced during the period beginning on No- under paragraph (4), the court shall cause to ‘‘(5) STATUTE OF LIMITATIONS.—In addition vember 6, 1988, and ending on November 4, be transferred to the Airport and Airway to the statute of limitations specified in sub- 1990; and Trust Fund any amount collected as a civil section (n)(7), with respect to project grants ‘‘(ii) the eligible agency certifies that no penalty under paragraph (4). made under this chapter— other eligible airport project that affects air- ‘‘(6) REIMBURSEMENT.—The Secretary, act- ‘‘(A) any request by a sponsor to any air- port safety, security, or capacity will be de- ing through the Administrator, shall, as soon port for additional payments for services ferred as a result of the debt financing.’’. as practicable after any amount is collected conducted off of the airport or for reimburse- from a sponsor under paragraph (4), cause to ment for capital contributions or operating AMENDMENT NO. 5363 be transferred from the Airport and Airway expenses shall be filed not later than 6 years On page 10, line 23, strike ‘‘(4)’’ and insert Trust Fund to an airport affected by a diver- after the date on which the expense is in- ‘‘(5)’’. sion that is the subject of a civil action curred; and On page 11, line 4, strike ‘‘and’;’’ under paragraph (4), reimbursement in an ‘‘(B) any amount of airport funds that are On page 11, between lines 4 and 5, insert amount equal to the amount that has been used to make a payment or reimbursement the following: collected from the sponsors under paragraph as described in subparagraph (A) after the ‘‘(4) any increase in the number of pas- (4) (including any amount of interest cal- date specified in that subparagraph shall be senger boardings in the preceding 12-month culated under subsection (o)). considered to be an illegal diversion of air- period at the airport at which the project ‘‘(7) STATUTE OF LIMITATION.—No person port revenues that is subject to subsection will be carried out, with priority consider- may bring an action for the recovery of (n).’’. ation to be given to projects at airports at which, during that period, the number of funds illegally diverted in violation of this SEC. 906. CONFORMING AMENDMENTS TO THE IN- section (as determined under subsections (b) TERNAL REVENUE CODE OF 1986. passenger boardings was 20 percent or great- er than the number of such boardings during and (l)) or section 47133 after the date that is Section 9502 of the Internal Revenue Code the 12-month period preceding that period; 6 years after the date on which the diversion of 1986 is amended— and;’’. occurred. (1) by striking ‘‘and’’ at the end of sub- ‘‘(o) INTEREST.— section (b)(3); ‘‘(1) IN GENERAL.—Except as provided in (2) by striking the period at the end of sub- SIMON (AND JEFFORDS) paragraph (2), the Secretary, acting through section (b)(4) and inserting ‘‘, and’’; and AMENDMENT NO. 5364 the Administrator, shall charge a minimum (3) by adding at the end of subsection (b) Mr. SIMON (for himself and Mr. JEF- annual rate of interest on the amount of any the following: FORDS) proposed an amendment to the illegal diversion of revenues referred to in ‘‘(5) amounts determined by the Secretary subsection (n) in an amount equal to the av- of the Treasury to be equivalent to the bill, S. 1994, supra; as follows: erage investment interest rate for tax and amounts of civil penalties collected under At the appropriate place in the bill, insert loan accounts of the Department of the section 47107(n) of title 49, United States the following new section. Treasury (as determined by the Secretary of Code.’’; and SEC. . PROVISIONS RELATING TO LIMITED the Treasury) for the applicable calendar (4) in subsection (d), by adding at the end SCOPE AUDIT. year, rounded to the nearest whole percent- of subsection (d) the following: (a) IN GENERAL.—Subparagraph (C) of sec- age point. ‘‘(4) TRANSFERS FROM THE AIRPORT AND AIR- tion 103(a)(3) of the Employee Retirement In- ‘‘(2) ADJUSTMENT OF INTEREST RATES.—If, WAY TRUST FUND ON ACCOUNT OF CERTAIN AIR- come Security Act of 1974 (29 U.S.C. with respect to a calendar quarter, the aver- PORTS.—The Secretary of the Treasury may 1023(a)(3)(C)) is amended by adding at the end age investment interest rate for tax and loan transfer from the Airport and Airway Trust the following new clause: accounts of the Department of the Treasury Fund to the Secretary of Transportation or ‘‘(ii) If an accountant is offering his opin- exceeds the average investment interest rate the Administrator of the Federal Aviation ion under this section in the case of an em- for the immediately preceding calendar Administration an amount to make a pay- ployee pension benefit plan, the accountant quarter, rounded to the nearest whole per- ment to an airport affected by a diversion shall, to the extent consistent with generally centage point, the Secretary of the Treasury that is the subject of an administrative ac- accepted auditing standards, rely on the may adjust the interest rate charged under tion under paragraph (3) or a civil action work of any independent public accountant this subsection in a manner that reflects under paragraph (4) of section 47107(n) of of any bank or similar institution or insur- that change. title 49, United States Code.’’. ance carrier regulated and supervised and ‘‘(3) ACCRUAL.—Interest assessed under subject to periodic investigation by a State subsection (n) shall accrue from the date of or Federal agency that holds assets or proc- the actual illegal diversion of revenues re- CHAFEE (AND BAUCUS) esses transactions of the employee pension ferred to in subsection (n). AMENDMENT NO. 5361 benefit plan.’’ ‘‘(4) DETERMINATION OF APPLICABLE RATE.— Mr. CHAFEE (for himself and Mr. (b) CONFORMING AMENDMENTS.— The applicable rate of interest charged under (1) Section 103(a)(3)(A) of such Act (29 paragraph (1) shall— BAUCUS) proposed an amendment to the U.S.C. 1023(a)(3)(A)) is amended by striking ‘‘(A) be the rate in effect on the date on bill, S. 1994, supra; as follows: ‘‘subparagraph (C)’’ and inserting ‘‘subpara- which interest begins to accrue under para- On page 78, line 12, strike ‘‘and aircraft en- graph (C)(i)’’. graph (3); and gine emissions,’’. (2) Section 103(a)(3)(C) of such Act (29 ‘‘(B) remain at a rate fixed under subpara- On page 78, line 19 through 24, strike all of U.S.C. 1023(a)(3)(C)) is amended by striking graph (A) during the duration of the indebt- paragraph (C) and insert the following: ‘‘(C) The’’ and inserting ‘‘(C)(i) In the case of edness. (C) The Administrator, as the Adminis- an employee benefit plan other than an em- ‘‘(p) PAYMENT BY AIRPORT TO SPONSOR.—If, trator deems appropriate, shall provide for ployee pension benefit plan, the’’. in the course of an audit or other review con- the participation of a representative of the (c) EFFECTIVE DATE.—The amendments ducted under this section, the Secretary or Environmental Protection Agency on such made by this section shall apply with respect the Administrator determines that an air- advisory committees or associated working to opinions required under section port owes a sponsor funds as a result of ac- groups that advise the Administrator on 103(a)(3)(A) of the Employee Retirement In- tivities conducted by the sponsor or expendi- matters related to the environmental effects come Security Act of 1974 for plan years be- tures by the sponsor for the benefit of the of aircraft and aircraft engines. ginning on or after January 1 of the calendar airport, interest on that amount shall be de- year following the date of the enactment of termined in the same manner as provided in WARNER AMENDMENTS NOS. 5362– this Act. paragraphs (1) through (4) of subsection (o), f except that the amount of any interest as- 5363 sessed under this subsection shall be deter- Mr. WARNER proposed two amend- THE COMPREHENSIVE METH- mined from the date on which the Secretary ments to the bill, S. 1994, supra; as fol- AMPHETAMINE CONTROL ACT OF or the Administrator makes that determina- lows: 1996 tion.’’. (b) REVISION OF POLICIES AND PROCEDURES; AMENDMENT NO. 5362 DEADLINES.— On page 8, strike lines 14 through 17 and in- HATCH (AND OTHERS) (1) IN GENERAL.—Not later than 90 days sert the following: AMENDMENT NO. 5365 after the date of enactment of this Act, the paragraph (D); and Secretary, acting through the Adminis- (B) by striking subparagraph (F) and in- Mr. MCCAIN (for Mr. HATCH, for him- trator, shall revise the policies and proce- serting the following: self, Mr. BIDEN, Mrs. FEINSTEIN, Mr.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10709 GRASSLEY, and Mr. WYDEN) proposed an be used by the Attorney General as the basis Strike sections 301 and 302 and insert the amendment to the bill (S. 1965) to pre- for establishing the conditions under para- following: vent the illegal manufacturing and use graph (1)(A)(ii) of this subsection, with re- SEC. 301. PENALTY INCREASES FOR TRAF- of methamphetamine; as follows: spect to pseudoephedrine, and paragraph FICKING IN METHAMPHETAMINE. (2)(A)(ii) of this subsection, with respect to (a) DIRECTIVE TO THE UNITED STATES SEN- On page 9, line 2, strike ‘‘or facilitate to phenylpropanolamine. TENCING COMMISSION.—Pursuant to its au- manufacture’’ and insert ‘‘or to facilitate the (B) CONSIDERATIONS AND REPORT.—The At- thority under section 994 of title 28, United manufacture of’’. torney General shall— States Code, the United States Sentencing On page 10, line 8, strike ‘‘IMPORTATION RE- (i) in establishing a finding under para- Commission shall review and amend its QUIREMENTS’’ and insert ‘‘IMPORTATION AND graph (1)(A)(ii) or (2)(A)(ii) of this sub- guidelines and its policy statements to pro- EXPORTATION REQUIREMENTS’’. section, consult with the Secretary of Health vide for increased penalties for unlawful On page 11, line 9, strike the comma after and Human Services in order to consider the manufacturing, importing, exporting, and ‘‘item’’. effects on public health that would occur trafficking of methamphetamine, and other On page 11, line 12, strike beginning with from the establishment of new single trans- similar offenses, including unlawful posses- ‘‘For purposes’’ through line 21 and insert action limits as provided in such paragraph; sion with intent to commit any of those of- ‘‘For purposes of paragraph (11), there is a and fenses, and attempt and conspiracy to com- rebuttable presumption of reckless disregard (ii) upon establishing a finding, transmit a mit any of those offenses. The Commission at trial if the Attorney General notifies a report to the Committees on the Judiciary in shall submit to Congress explanations there- firm in writing that a laboratory supply sold both, respectively, the House of Representa- for and any additional policy recommenda- by the firm, or any other person or firm, has tives and the Senate in which the Attorney tions for combating methamphetamine of- been used by a customer of the notified firm, General will provide the factual basis for es- fenses. or distributed further by that customer, for tablishing the new single transaction limits. (b) IN GENERAL.—In carrying out this sec- the unlawful production of controlled sub- On page 29, between lines 14 and 15, insert tion, the Commission shall ensure that the stances or listed chemicals a firm distributes the following: sentencing guidelines and policy statements and 2 weeks or more after the notification (f) COMBINATION EPHEDRINE PRODUCTS.— for offenders convicted of offenses described the notified firm distributes a laboratory (1) IN GENERAL.—For the purposes of this in subsection (a) and any recommendations supply to the customer.’.’’. section, combination ephedrine products submitted under such subsection reflect the On page 14, line 24, strike ‘‘Iso safrole’’ and shall be treated the same as pseudoephedrine heinous nature of such offenses, the need for insert ‘‘Isosafrole’’. products, except that— aggressive law enforcement action to fight On page 15, between lines 5 and 6, add the (A) a single transaction limit of 24 grams such offenses, and the extreme dangers asso- following: shall be effective as of the date of enactment ciated with unlawful activity involving SEC. 210. WITHDRAWAL OF REGULATIONS. of this Act and shall apply to sales of all methamphetamine, including— The final rule concerning removal of ex- combination ephedrine products, notwith- (1) the rapidly growing incidence of meth- emption for certain pseudoephedrine prod- standing the form in which those products amphetamine abuse and the threat to public ucts marketed under the Federal Food, Drug, are packaged, made by retail distributors or safety such abuse poses; and Cosmetic Act published in the Federal distributors required to submit a report (2) the high risk of methamphetamine ad- Register of August 7, 1996 (61 FR 40981–40993) under section 310(b)(3) of the Controlled Sub- diction; is null and void and of no force or effect. stances Act (as added by section 402 of this (3) the increased risk of violence associated On page 21, line 23, strike beginning with ‘‘, Act); with methamphetamine trafficking and except that’’ through ‘‘transaction’’ on page (B) for regulated transactions for combina- abuse; and 22, line 6, and insert ‘‘, except that the tion ephedrine products other than sales de- (4) the recent increase in the illegal impor- threshold for any sale of products containing scribed in subparagraph (A), the transaction tation of methamphetamine and precursor pseudoephedrine or phenylpropanolamine limit shall be— chemicals. products by retail distributors or by dis- (i) 1 kilogram of ephedrine base, effective SEC. 302. ENHANCED PENALTIES FOR OFFENSES tributors required to submit reports by sec- on the date of enactment of this Act; or INVOLVING CERTAIN LISTED CHEMI- tion 310(b)(3) of this title shall be 24 grams of (ii) a threshold other than the threshold CALS. pseudoephedrine or 24 grams of phenyl- described in clause (i), if established by the (a) CONTROLLED SUBSTANCES ACT.—Section propanolamine in a single transaction’’. Attorney General not earlier than 1 year 401(d) of the Controlled Substances Act (21 On page 22, line 8, strike ‘‘abuse’’ and in- after the date of enactment of this Act; and U.S.C. 841(d)) is amended by striking ‘‘not sert ‘‘offense’’. (C) the penalties provided in subsection more than 10 years,’’ and inserting ‘‘not On page 23, strike lines 1 through 14 and in- (d)(1)(B) of this section shall take effect on more than 20 years in the case of a violation sert the following: the date of enactment of this Act for any in- of paragraph (1) or (2) involving a list I ‘‘(46)(A) The term ‘retail distributor’ dividual or business that violates the single chemical or not more than 10 years in the means a grocery store, general merchandise transaction limit of 24 grams for combina- case of a violation of this subsection other store, drug store, or other entity or person tion ephedrine products. than a violation of paragraph (1) or (2) in- whose activities as a distributor relating to (2) DEFINITION.—For the purposes of this volving a list I chemical,’’. pseudoephedrine or phenylpropanolamine section, the term ‘‘combination ephedrine (b) CONTROLLED SUBSTANCE IMPORT AND EX- products are limited almost exclusively to product’’ means a drug product containing PORT ACT.—Section 1010(d) of the Controlled sales for personal use, both in number of ephedrine or its salts, optical isomers, or Substance Import and Export Act (21 U.S.C. sales and volume of sales, either directly to salts of optical isomers and therapeutically 960(d)) is amended by striking ‘‘not more walk-in customers or in face-to-face trans- significant quantities of another active me- than 10 years,’’ and inserting ‘‘not more than actions by direct sales. dicinal ingredient. 20 years in the case of a violation of para- On page 24, line 12, strike ‘‘The’’ and insert On page 29, line 15, strike ‘‘(f)’’ and insert graph (1) or (3) involving a list I chemical or the following: ‘‘Pursuant to subsection (d)(1), ‘‘(g)’’. not more than 10 years in the case of a viola- the’’. On page 29, line 17, strike all beginning tion of this subsection other than a violation On page 25, line 17, strike ‘‘effective date of with ‘‘over-the-counter’’ through line 20 and of paragraph (1) or (3) involving a list I this section’’ and insert ‘‘date of enactment insert ‘‘pseudoephedrine or phenylpropanola- chemical,’’. of this Act’’. mine product prior to 12 months after the (c) SENTENCING GUIDELINES.— On page 26, line 1, after ‘‘being’’ insert date of enactment of this Act, except that, (1) IN GENERAL.—The United States Sen- ‘‘widely’’. on application of a manufacturer of a par- tencing Commission shall, in accordance On page 26, line 4, strike ‘‘in bulk’’ and in- ticular pseudoephedrine or phenylpropanola- with the procedures set forth in section 21(a) sert ‘‘for distribution or sale’’. mine drug product, the Attorney General of the Sentencing Act of 1987, as though the On page 27, line 15, strike ‘‘effective date of may, in her sole discretion, extend such ef- authority of that section had not expired, this section’’ and insert ‘‘date of enactment fective date up to an additional six amend the sentencing guidelines to increase of this Act’’. months.Notwithstanding any other provision by at least two levels the offense level for of- On page 28, between lines 19 and 20, insert of law, the decision of the Attorney General fenses involving list I chemicals under— the following and redesignate the following on such an application shall not be subject (A) section 401(d) (1) and (2) of the Con- paragraphs accordingly: to judicial review.’’ trolled Substances Act (21 U.S.C. 841(d) (1) (3) SIGNIFICANT NUMBER OF INSTANCES.— On page 35, line 5, after ‘‘funds’’ insert ‘‘or and (2)); and (A) IN GENERAL.—For purposes of this sub- appropriations’’. (B) section 1010(d) (1) and (3) of the Con- section, isolated or infrequent use, or use in trolled Substance Import and Export Act (21 insubstantial quantities, of ordinary over- KENNEDY (AND SIMON) U.S.C. 960(d) (1) and (3)). the-counter pseudoephedrine or phenyl- AMENDMENT NO. 5366 (2) REQUIREMENT.—In carrying out this propanolamine, as defined in section 102(45) subsection, the Commission shall ensure of the Controlled Substances Act, as added Mr. MCCAIN (for Mr. KENNEDY, for that the offense levels for offenses referred by section 401(b) of this Act, and sold at the himself and Mr. SIMON) proposed an to in paragraph (1) are calculated proportion- retail level for the illicit manufacture of amendment to the bill, S. 1965, supra; ally on the basis of the quantity of con- methamphetamine or amphetamine may not as follows: trolled substance that reasonably could have

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10710 CONGRESSIONAL RECORD — SENATE September 17, 1996 been manufactured in a clandestine setting NEPA decision making process in the The PRESIDING OFFICER. Without using the quantity of the list I chemical pos- federal land management agencies, in- objection, it is so ordered. sessed, distributed, imported, or exported. cluding the role of the Council on Envi- COMMITTEE ON VETERANS’ AFFAIRS On page 2, strike out the items relating to ronmental Quality. Mr. GORTON. The Committee on sections 301 and 302 and insert the following: The hearing will take place Thurs- Veterans’ Affairs would like to request Sec. 301. Penalty increases for trafficking in day, September 26, 1996 at 2:00 p.m. in unanimous consent to hold a joint methamphetamine. Sec. 302. Enhanced penalties for offenses in- Room SD–366 of the Dirksen Senate Of- hearing with the House Committee on volving certain listed chemi- fice Building in Washington, D.C. Veterans’ Affairs to receive the legisla- cals. Those wishing to testify or who wish tive presentations of the American Le- f to submit written statements should gion. write to the Committee on Energy and The hearing will be held on Sep- THE THRIFT SAVINGS Natural Resources, U.S. Senate, Wash- tember 17, 1996, at 9:30 a.m., in room 334 INVESTMENT FUNDS ACT OF 1996 ington, D.C. 20510. For further informa- of the Cannon House Office Building. tion, please call Kelly Johnson or Jo The PRESIDING OFFICER. Without Meuse at (202) 224–6730. objection, it is so ordered. KERREY (AND PRYOR) f AMENDMENT NO. 5367 f ADDITIONAL STATEMENTS Mr. MCCAIN (for Mr. KERREY, for him- AUTHORITY FOR COMMITTEES TO self and Mr. PRYOR) proposed an MEET amendment to the bill (S. 1080) to COMMITTEE ON COMMERCE, SCIENCE, AND TRIBUTE TO LOWELL MOHLER amend chapter 84 of title 5, United TRANSPORTATION ∑ Mr. BOND. Mr. President, I rise States Code, to provide additional in- Mr. GORTON. Mr. President, I ask today to pay tribute to Lowell Mohler vestment funds for the Thrift Savings unanimous consent that the Com- of Missouri, who is retiring after many Plan; as follows: mittee on Commerce, Science, and decades of service to the Missouri On page 15, line 2 of the bill, change the ‘‘;’’ Transportation be allowed to meet Farm Bureau. to an ‘‘,’’ and add the following: ‘‘and by add- twice during the Tuesday, September Lord Chesterfield, an English states- ing at the end of the paragraph the following 17, 1996 session of the Senate for the man in the 18th century advised citi- sentence: ‘Before a loan is issued, the Execu- purpose of conducting a hearing on air- zens to ‘‘Be wiser than other people if tive Director shall provide in writing the em- port security and a hearing on com- you can, but do not tell them so.’’ This ployee or Member with appropriate informa- putational biology. tion concerning the cost of the loan relative advice has been practiced regularly by to other sources of financing, as well as the The PRESIDING OFFICER. Without 20th century Missourian Lowell lifetime cost of the loan, including the dif- objection, it is so ordered. Mohler, from the halls of the Univer- ference in interest rates between the funds COMMITTEE ON ENERGY AND NATURAL sity of Missouri to the State and Na- offered by the Thrift Savings Fund, and any RESOURCES tion’s Capitol, where he has advised other effect of such loan on the employee’s Mr. GORTON. Mr. President, I ask farmers, professors, Governors, and or Members’s final account balance’.’’ unanimous consent that the Com- Senators. Though Lowell’s tenure at f mittee on Energy and Natural Re- Farm Bureau was slightly more brief NOTICE OF HEARING sources be granted permission to meet than the 20th century, his service on during the session of the Senate on behalf of rural Americans has been im- COMMITTEE ON ENERGY AND NATURAL RE- Tuesday, September 17, 1996, for pur- mense. His approach is always warm, SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC poses of conducting a Full Committee his counsel wise, his strategy practical, PRESERVATION, AND RECREATION hearing which is scheduled to begin at and his word true. Mr. CAMPBELL. Mr. President, I 9:30 a.m. The purpose of this oversight Lowell Mohler is truly representative would like to announce for the public hearing is to receive testimony on the of the Missouri Farm Bureau, an orga- that the hearing scheduled before the issue of U.S. Climate Change Policy. nization of members who are charac- Subcommittee on Parks, Historic Pres- The PRESIDING OFFICER. Without terized by common sense, work hard, ervation, and Recreation of the Com- objection, it is so ordered. value initiative and character, and who mittee on Energy and Natural Re- love agriculture, family, God, and sources to review S. 1539, a bill to es- COMMITTEE ON GOVERNMENTAL AFFAIRS Mr. GORTON. Mr. President, I ask country—not necessarily in that order. tablish the Los Caminos del Rio Na- He, like they, live by a more stringent tional Heritage Area along the Lower unanimous consent on behalf of the Governmental Affairs Committee to self-imposed code of right and wrong Rio Grande Texas-Mexico border; S. which is an example for all to observe. 1583, a bill to establish the Lower East- meet on Tuesday, September 17, 1996, at 9:15 a.m., for a hearing on S. 1794, Lowell also has the typical non- ern Shore American Heritage Area; S. modern and unrealistic view of retire- 1785, a bill to establish in the Depart- Congressional, Presidential, and Judi- ciary Pension Forfeiture Act. ment. He said he is going to retire to ment of the Interior the Essex National spend more time extolling the virtues Heritage Commission; and S. 1808, a The PRESIDING OFFICER. Without objection, it is so ordered. of the University of Missouri and to bill to amend the Act of October 15, farm. He reminds me of the Missouri COMMITTEE ON INDIAN AFFAIRS 1966 (80 Stat. 915), as amended, estab- farmer who came out of retirement to lishing a program for the preservation Mr. GORTON. Mr. President, I ask farm and was asked if he was going to of additional historic property unanimous consent that the Com- work full time. ‘‘No, just 6 days a throughout the Nation on Thursday, mittee on Indian Affairs be authorized week,’’ the elderly farmer replied. September 19, 1996 at 9:30 a.m. in room to meet during the session of the Sen- I hope that Lowell will now have SD–366 of the Dirksen Senate Office ate on Tuesday, September 17, 1996 at some well-deserved time to spend with Building in Washington, DC has been 9:30 a.m. in room 485 of the Russell his terrific family, of which I know he canceled. Senate Office Building to conduct a is very proud. He and his wife, JoAnn, For further information, please con- hearing on economic development on can grow asparagus and hornets and tact Jim O’Toole of the subcommittee Indian reservations. maybe catch some fish at their farm. staff at (202) 224–5161. The PRESIDING OFFICER. Without They can invite large crowds of friends SUBCOMMITTEE ON OVERSIGHT AND objection, it is so ordered. to backyard barbecues and leave the INVESTIGATIONS COMMITTEE ON LABOR AND HUMAN RESOURCES cleanup duties to the coyotes which Mr. THOMAS. Mr. President, I would Mr. GORTON. Mr. President, I ask come up from the river near his house like to announce for the information of unanimous consent that the Com- and clean perfectly the remains. the Senate and the public that an over- mittee on Labor and Human Resources Only Lowell could make the avail- sight hearing has been scheduled before be authorized to meet for a hearing on ability of coyotes useful. It must relate the Subcommittee on Oversight and In- The National Labor Relations Board, to his affinity with members of the vestigations, Energy and Natural Re- during the session of the Senate on media and politicians that he can ap- sources Committee, to examine the Tuesday, September 17, 1996, at 10:00. preciate coyotes. If he is so inclined, he

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10711 can come to Mexico, Missouri and help W. Giuliani to send some public school stu- Although the partnership program is simi- me keep the deer away from my tree dents to Roman Catholic schools. lar to the one advocated by the Mayor, it dif- orchards. Maybe we can plant some A Bronx student who would get into fights fers in two ways. and end up suspended, Sean was accepted by walnut trees. First, its eligibility requirements are a Catholic school in his first year of high Lowell Mohler’s career climbed broader: It considers poverty, poor grades school. Almost all expenses were paid by pri- and disciplinary problems as qualifications heights he surely never expected, but vate donors. for entry, not simply whether a student has has never lost sight of where he came ‘‘My life,’’ Sean said yesterday, ‘‘is much been identified as one of the school system’s from, or the conventions and needs of nicer now.’’ worst. Second, it provides mentors to guide the ordinary women and men who live Sean, now a 16-year-old junior at All Hal- students in addition to paying their tuitions. lows High School with an 85 average, is a the life that makes this country great. The partnership has 1,030 students and but beneficiary of a 10-year-old private program, His work made rural America better; is short 150 mentors. Student-Sponsor Partnership, which was cre- he left his mark and he did it his way, ated by Peter M. Flanigan, an investment Sponsors pay at least $850 in tuition a year the Farm Bureau way. He is and will be banker. for four years. The rest of a student’s tui- remembered as a great American ex- The partnership, which has helped 825 stu- tion, which could be as high as $3,800 is paid ample. dents enrolled in 18 Catholic schools to grad- by parents, who contribute $30 a month, and money raised from foundations and private JoAnn, thank you on behalf of every- uate since 1986, bears striking similarities to businesses. one for sharing Lowell with us. We re- a proposal recently made by the Roman Catholic Archdiocese of New York and, since The idea for the partnership came about turn him to you with immense grati- Sunday, backed by the Mayor. when Mr. Flanigan realized that it took tude, and wish you both well as you Under the Archdiocese’s plan, Catholic more than the promise of a bright future to enter this new chapter of your lives.∑ schools would educate 1,000 of the city school make students finish their education, Ms. f system’s worst students, providing both sec- Eapen said. More than a decade ago, he ular and religious instruction. Their tuition promised a class of sixth graders that if they STUDENT-SPONSOR PARTNERSHIP would be paid by private businesses. finished high school, he would pay for their ∑ Mr. MOYNIHAN. Mr. President, After some board members cited Constitu- college education. Despite the incentive, tional concerns about having school employ- many students dropped out of school. Adlai E. Stevenson remarked of Elea- ees acting as admissions counselors for The schools, he concluded, were failing the nor Roosevelt that ‘‘She would rather Roman Catholic schools, Schools Chancellor students. About the same time, Mr. Flanigan light candles than curse the darkness.’’ Rudy Crew said yesterday that the Board of learned that Roman Catholic schools were The same can be said of my dear friend, Education would not compile lists of eligible more successful in keeping students in the Peter M. Flanigan. I rise to call to the students for the program advocated by Mr. classroom, so he shifted his focus and de- Senate’s attention the Student-Spon- Giuliani. cided to encourage public school students to sor Partnership, a program for troubled But the Chancellor’s spokeswoman said attend those private schools. To further in- that guidance counselors would continue to students that Mr. Flanigan started in crease the students’ chances of success, he advise students to seek scholarships to pri- paired students with mentors. 1986. Private donors help pay the tui- vate schools, and would release school The partnership tries to match sponsors tion for New York City high school stu- records for students applying for scholar- with students based on shared interests or dents whose backgrounds include pov- ships. The public schools have been giving experiences, sometimes a difficult goal be- that help to Student-Sponsor Partnership for erty, poor grades, and discipline prob- cause most of the students are black or 10 years. lems so that they may attend Catholic Latino while 88 percent of the sponsors are ‘‘We hope that what we are doing could schools. non-Hispanic whites. In 1984 Mr. Flanigan promised a class serve as a blueprint for what the Mayor is proposing,’’ said Mayree Clark, the chair- But most of the time, despite cultural and of sixth-graders that if they finished woman of the partnership’s board, who is the economic differences, a bond is forged. It high school he would pay for their col- director of global research at Morgan Stan- happened to Sean and his sponsor, James lege education. It soon became clear ley. Jurney, a 26-year-old who went to boarding that even this was insufficient incen- Ms. Clark said 75 percent of the program’s school, lives at Central Park West and works tive for many of the participants to students graduate in four years and 90 per- at Morgan Stanley. Their bond is theater. Sean wants to be an actor; Mr. Jurney is in- complete high school, and Mr. Flanigan cent go on to college. Omar Antigua, a 20- year-old junior at Carnegie Mellon Univer- terested in television and films. realized that a different approach was ‘‘We go to the theater.’’ Mr. Jurney said, needed. He learned that Catholic sity in Pittsburgh, is one of them. ‘‘They opened up so many doors for me, I ‘‘we talk. He tells me about his girlfriends. schools had higher graduation rates, couldn’t even begin to count them,’’ said Mr. I’m his big brother. He’s a good kid.’’∑ and so concluded that he would help Antigua, the third child of an unemployed students attend such schools by sub- immigrant who reared three boys by herself f sidizing their tuition. Mr. Flanigan in a tough Bronx neighborhood. ‘‘Where I also realized the importance of pro- come from, I’m a rarity.’’ viding each student with a mentor to Mary Grace Eapen, the partnership’s exec- CONGRATULATIONS TO KELLY provide encouragement and counsel. utive director, said the program works to SERVICES make students feel special. ‘‘They want dis- This program works; 75 percent of ∑ cipline, they want order,’’ she said. ‘‘They Mr. ABRAHAM. Mr. President, I rise the participants graduate in 4 years, want to have someone in their lives who ex- to congratulate Kelly Services on the and 90 percent eventually go on to col- pects great things from them, and we do.’’ occasion of its 50th anniversary. lege. These are remarkable statistics Applicants learn of the program through Founded on October 7, 1946, in Detroit, for a group made up of troubled stu- their eighth-grade guidance counselors or MI, by William Russell Kelly, Kelly dents. I congratulate Peter Flanigan community leaders, Ms. Eapen said. Once a Services blazed a trail in the office for all his concern and efforts, and I student decides to apply, school counselors staffing industry. Built on a strong ask unanimous consent that an article or teachers supply test scores, a list of the reputation of caring for its customers student’s weaknesses and strengths and an in the September 12 New York Times analysis of why the student would probably and employees, Kelly has grown into a on the Student-Sponsor Partnership not succeed were he or she to continue in the Fortune 500 company. Today, Kelly Program be printed in the RECORD. public school system. provides the services of more than The article follows: ‘‘Counselors are very vigilant at spotting 675,000 employees annually to 200,000 [From the New York Times, Sept. 12, 1996] the kids that could benefit the most from customers. With more than 1,300 offices our help,’’ Ms. Eapen said. ‘‘They want PRIVATE PROGRAM FOR TROUBLED STUDENTS around the world Kelly is a major play- what’s best for their kids and they know we ECHOES CATHOLIC SCHOOL PLAN er in the office staffing industry. provide it.’’ (By Mirta Ojito) Of the thousands of students who apply Recognizing the changing needs of Two years ago, Sean Kendell Winn was the every year, several hundred are accepted. our economy, Kelly has branched out kind of student who is at the heart of the This year, 345 new students entered the pro- into legal services, full as well as par- plan advocated this week by Mayor Rudolph gram. tial office staffing, assisted living, and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10712 CONGRESSIONAL RECORD — SENATE September 17, 1996 the research and development of soft- this legislation is needed: Ernest Dillon As you know, bomb-making information is ware for testing and training products. was a postal employee in Detroit, MI. available widely and publicly today through Kelly’s innovative training and testing He worked hard and everyone agreed he a large number of channels, including book- programs have kept it at the head of was good at his job. But that wasn’t stores and libraries, and governmental at- tempts to restrict the availability of other- its industry. The experience of this enough. When Ernest’s coworkers wise lawful information raise serious First Michigan company shows that hard found out he was homosexual, they re- Amendment concerns. Nevertheless, Prodigy work and dedication to quality service peatedly taunted him until one day, tries to strike a responsible balance, pro- and integrity pave the road to success. while he was on the job, they beat him viding a safe environment for users to openly Mr. President, I am proud that Kelly unconscious. Their harassment contin- exchange valuable information, while ena- Services, based in Troy, MI, is part of ued unabated until he was forced out of bling them to insure they won’t come in con- the vibrant and growing business com- his job, fearing for his life. Although he tact with inappropriate material. Unlike other media, the online environ- munity in my State of Michigan. The went to the courts for relief, there was ment does offer an effective way for con- quality and innovation shown by this nothing there to protect him. sumers to exercise control. Earlier this year, aggressive enterprise under the leader- It is time for our country to decide Prodigy began offering our members the ship of President and Chief Executive that we will not tolerate that kind of CyberPatrol access control software pro- Officer Terence E. Adderley have been discrimination. This legislation does gram, which they can install on their fam- an inspiration to all business people in that. Nine States have already enacted ily’s personal computer at no extra charge my State. Through its contributions to legislation similar to this bill. (Prodigy picks up the cost of the program). area businesses it has improved life in I have heard from many of my own This easy-to-use program automatically fil- ters and blocks access to bomb-making in- the 37 Michigan communities in which constituents and from mayors, Gov- formation and other inappropriate content it has branches, as well as the commu- ernors, religious leaders, corporate on the Internet. nities all over the world in which it CEO’s, and others that, regardless of Please feel free to contact me if you have conducts business. their views about homosexuality, they any further questions. Kelly Services has been celebrating support this bill because they oppose Sincerely, its anniversary throughout this year. discrimination in all its forms. I agree, MARC JACOBSON, ∑ The company will host a major event and that is why I voted for this bill.∑ Vice President and General Counsel. f at its headquarters in Troy on October f 7. I would like to extend my best wish- REPEAL OF SECTION 434 OF THE es to Kelly Services for a festive cele- THANKS TO PRODIGY SERVICE PERSONAL RESPONSIBILITY AND bration and for another 50 years of su- CORP. WORK OPPORTUNITY RECONCILI- perior success through superior serv- ∑ Mr. GREGG. Mr. President, I rise ATION ACT OF 1996 ∑ ice. today to express my thanks to Prodigy ∑ Mr. MOYNIHAN. Mr. President, yes- f Service Corp. for responding promptly terday I introduced legislation to re- EMPLOYMENT NON- to the letter sent out by 19 Senators peal section 434 of the recently enacted DISCRIMINATION ACT and myself on August 1, 1996. In the let- Personal Responsibility and Work Op- ter, my colleagues and I urged Prodigy portunity Reconciliation Act of 1996. ∑ Mr. DORGAN. Mr. President, I would and several other Internet service pro- like to take this opportunity to explain Section 434 provides that: viders and search engines to adopt Notwithstanding any other provision of why I supported the Employment Non- company policies to block access to discrimination Act. Federal, State, or local law, no State or local bomb-making information through government entity may be prohibited, or in In an earlier vote, I supported the their services. any way restricted, from sending to or re- Defense of Marriage Act because I do Prodigy is the first of these compa- ceiving from the Immigration and Natu- not believe that we should change the nies to respond and I am pleased to an- ralization Service INS information regarding definition of marriage that has made nounce that letter provides some hope the immigration status, lawful or unlawful, the family—a husband, wife, and chil- in our efforts to curb the availability of an alien in the United States. dren—the cornerstone of our society. of bomb construction information on This provision is ill-advised and But the Employment Nondiscrimina- the Internet. This outstanding com- threatens the public health and safety tion Act is about a different issue. It is pany has already begun to offer its cus- of residents of New York City because about whether discrimination in the tomers free installment of the it conflicts with an executive order, workplace against homosexuals is per- CyberPatrol access control software issued by the major of New York in missible. I supported this bill because I program, which blocks access to bomb- 1985, prohibiting city employees from do not believe we should tolerate dis- making information. This generous reporting suspected illegal aliens to crimination of any type in the work- contribution to our Nation’s safety and the Immigration and Naturalization place. well-being is commendable. Service unless the alien has been The people of this Nation already While Prodigy’s efforts help solve the charged with a crime. The executive have decided that it is unacceptable to problem of the wide availability of dan- order, which is similar to local laws in discriminate against someone in the gerous bomb construction information, other States and cities, was intended workplace just because of that person’s the CyberPatrol program also dem- to ensure that fear of deportation does race, gender, or religious beliefs. I just onstrates that blocking bomb-making not deter illegal aliens from seeking don’t believe that one’s sexual orienta- instructions on the Internet is possible. emergency medical attention, report- tion is relevant to whether or not they At this time, I ask that the Senate ing crimes, and so forth. can do a job, and it ought not be a per- join me in urging other Internet serv- On September 8, 1995, during Senate missible basis for discrimination. ice providers to adopt similar policies. consideration of H.R. 4, the Work Op- This bill includes substantial protec- I ask that Prodigy’s response be print- portunity Act of 1995, Senators tions and safeguards for employers. It ed in the RECORD. SANTORUM and NICKLES offered this includes exemptions for the Armed The letter follows: provision as an amendment. The Forces, small businesses, religious in- PRODIGY, amendment was adopted by a vote of 91 stitutions, and private membership New York, NY, August 27, 1996. to 6. The Senators who voted ‘‘no’’ clubs. Most important, the bill states Hon. JUDD GREGG, were: Senators AKAKA, CAMPBELL, clearly that it does not protect inap- U.S. Senate, Washington, DC. INOUYE, MOSELEY-BRAUN, MOYNIHAN, propriate or public sexual conduct by DEAR SENATOR GREGG: Thank you for your and SIMON. any employee, whether or not that em- letter of August 1, regarding bomb-making Four of these six—Senators AKAKA, ployee is homosexual. information on the Internet. We, too, are MOSELEY-BRAUN, SIMON, and the Sen- Some people have said that this leg- outraged by the cowardly, senseless acts of ator from New York—were also among terrorism that have victimized so many in- islation isn’t necessary, that there is nocent individuals and families. We are re- the 11 Democrats who voted against no discrimination against homosexuals pulsed by the twisted minds of people who H.R. 4 when it passed the Senate on in the workplace. I would like to give disseminate bomb-making information for September 19, 1995. H.R. 4, of course, you just one example of why I think reasons known only to them. was later vetoed by President Clinton.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10713 Last week, Mayor Rudolph W. Chamber of Commerce, the Made in am sure both of these firsts will bring Giuliani of New York announced that New Hampshire Expo, the Merrimack new insights and perspectives to the he and his staff had recently become Youth Association, and the Merrimack post. aware of section 434 of the new welfare Rotary and Lions Clubs. Among nu- Mr. Frank served in Vietnam in 1968. law, and planned to challenge it in merous other awards, Raymond He was wounded severely and continues court. Boissoneau has received the New to cope each day with the paralysis An alien who witnesses a crime Hampshire High Technology Council’s which resulted, but these wounds have should feel free to report it to the po- Entrepreneur of the Year Award. It is not dampened his patriotism or his lice without fear of being deported. through his leadership and inspiration commitment to serving his fellow Just as an alien ought to be able to get that has caused Electropac to rise to be Americans. Immediately after recov- emergency medical attention without the success that it is today. Raymond ering from the wounds he sustained in fear of deportation. Mr. President, sec- Boissoneau places the responsibility of Vietnam, Mr. Frank founded the Crest- tion 434 of the Personal Responsibility the company with the employees, wood Memorial American Legion Post and Work Opportunity Reconciliation which adds great measure to the com- 777, now the Joseph L. Frank Memorial Act of 1996 poses a serious threat to pany’s prosperity. Post 777, renamed in memory of his fa- health and safety in New York City Electropac’s success over the years ther. Since founding the post, Mr. and elsewhere. It should be repealed.∑ can be attributed to a number of fac- Frank has gone on to serve as post f tors. One factor is the emphasis placed commander, district commander, and on the level of service and quality, state commander. He has also held sev- TRIBUTE TO ELECTROPAC’S 20TH rather than on quantity and growth. eral previous leadership positions on ANNIVERSARY By maintaining several medium sized the national level, including national ∑ Mr. SMITH. Mr. President, I rise operations, Electropac diversifies vice commander, chairman of the na- today to pay tribute to Electropac, a itself, providing its customers with ef- tional economic commission, and New Hampshire company, in honor of ficient and cost-effective service speci- chairman of the foreign relations com- their 20th anniversary. On September alities. Flexibility is the key to their mission. 19th and 20th, a number of employees, success in such a competitive market But Joe Frank’s service radiates well individuals, and organizations will because they are able to adapt their beyond the American Legion. He has gather together at Electropac’s cor- products quickly to the technological dedicated himself to helping individ- porate headquarters in Manchester, growth of today’s industry. Also, uals with disabilities through his posi- NH, to celebrate their 20th year of Electropac is the first manufacturer in tions on the Executive Board of the business. I would like to congratulate the United States and only the second President’s Committee on Employment everyone who helped this technology in the world to provide a beta site. A of People With Disabilities, and the company grow to become the success it beta site essentially is a test site for Missouri Governor’s Council on Dis- is today. The dedication and hard outside companies. Electropac opens ability. Mr. Frank has also been recog- work, as evidenced by the growth that their manufacturing operations and al- nized by the White House for his serv- Electropac has experienced over the lows various companies to test new ice to the Selective Service System. years, is truly unparalleled. technical products, that are not on the I am confident, Mr. President, that Electropac is an independently market yet, using all of Electropac’s Joe Frank, from my own great State of owned, small to mid-sized company facilities and machinery. Missouri, will serve his fellow veterans that specializes in manufacturing high- Mr. President, I commend Electropac with dignity, vigor, and direction. He tech printed circuit boards for the com- and its employees for their support of already has set forth part of his agen- puter, telecommunication, medical in- New Hampshire, and for their contribu- da, by identifying three priorities: in- strumentation, and military indus- tions as a whole to the industry of creasing membership, protecting the tries. The circuit boards they produce America. Electropac is an excellent ex- U.S. flag from desecration, and improv- are state of the art, double sided, mul- ample of a truly successful and dy- ing and expanding health care to our tilayered boards. namic New Hampshire company. Con- veterans. Because of my own involve- The Manchester office of Electropac gratulations to Raymond Boissoneau ment in the area of veterans health has served as Electropac’s corporate and his dedicated employees who have care through my chairmanship of the headquarters and center of manufac- made Electropac so competitive in to- Senate appropriations subcommittee turing operations since 1980. In addi- day’s technology industry. May you ex- with jurisdiction over veterans pro- tion to being located in Manchester, perience continued growth and suc- grams, I am especially delighted to rec- Electropac has expanded with a proto- cess.∑ ognize Mr. Frank’s leadership in this type facility in Londonderry, and with f area. circuit board companies in Montreal, It is my honor to join with Mr. Canada, and St. Catharines, Ontario. CONGRATULATIONS TO JOSEPH J. FRANK Frank’s wife, Barbara, his family, At these locations, Electropac employs many friends, and especially his fellow ∑ over 400 people and brings in over $33 Mr. BOND. Mr. President, today I American Legion members in saluting million in business. This is an enor- congratulate my fellow Missourian, Jo- Joseph J. Frank for providing inspira- mous increase considering the com- seph J. Frank, on his election as na- tion and a source of pride for veterans, pany’s founder and president, Raymond tional commander of the American Le- Missourians, and for all Americans.∑ Boissoneau, established Electropac gion, at the 78th national convention, with only one employee and $1,000 in on September 5, 1996. f cash. I am very proud that the Legion, the ELECTRONIC FREEDOM OF INFOR- Electropac has been included on a Nation’s largest veterans’ organiza- MATION IMPROVEMENT ACT OF regular basis as one of the top 50 and tion, comprised of over 3 million mem- 1996 the top 75 privately owned companies bers, will be represented by an indi- Mr. McCAIN. Mr. President, I ask in the State of New Hampshire. Just vidual with the kind of dedication, in- unanimous consent that the Senate this past year, Electropac designed a tegrity, and commitment that has been now proceed to the consideration of program with the Manchester School of Mr. Frank’s hallmark. Calendar No. 406, S. 1090. Technology that brings students into My State is proud of our military The PRESIDING OFFICER. Without the company and allows Electropac to heritage, and we revere native military objection, it is so ordered. become their classroom, thus providing leaders such as John J. Pershing, the The clerk will report. students with hands-on experience and first six star general since George The legislative clerk read as follows: training in high-tech manufacturing. Washington. Joe Frank, born and A bill (S. 1090) to amend section 552 of title Electropac supports a number of orga- raised in St. Louis County, MO, has 5, U.S. Code (commonly known as the Free- nizations throughout the State of New achieved another first: he’s the first dom of Information Act), to provide for pub- Hampshire including the N.H. Job Missourian and first Vietnam veteran lic access to information in an electronic Training Council, the Manchester to command the American Legion. I format, and for other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10714 CONGRESSIONAL RECORD — SENATE September 17, 1996 The PRESIDING OFFICER. Is there (2) in subparagraph (B) by striking out ‘‘and’’ (d) AGENCY BACKLOGS.—Section 552(a)(6)(C) objection to the immediate consider- after the semicolon; of title 5, United States Code, is amended by in- ation of the bill? (3) by adding after subparagraph (C) the fol- serting after the second sentence the following: There being no objection, the Senate lowing new subparagraphs: ‘‘As used in this subparagraph, for requests sub- ‘‘(D) an index of all major information sys- mitted pursuant to paragraph (3) after the date proceeded to consider the bill, which tems containing agency records regardless of of the enactment of the Electronic Freedom of had been reported from the Committee form or format unless such an index is provided Information Improvement Act of 1996, the term on the Judiciary, with an amendment as otherwise required by law; ‘exceptional circumstances’ means cir- to strike all after the enacting clause ‘‘(E) a description of any new major informa- cumstances that are unforeseen and shall not and inserting in lieu thereof the fol- tion system with a statement of how such system include delays that result from a predictable lowing: shall enhance agency operations under this sec- workload, including any ongoing agency back- SECTION 1. SHORT TITLE. tion; log, in the ordinary course of processing re- This Act may be cited as the ‘‘Electronic Free- ‘‘(F) an index of all records which are made quests for records.’’. dom of Information Improvement Act of 1996’’. available to any person under paragraph (3) of (e) NOTIFICATION OF DENIAL.—The last sen- this subsection; and SEC. 2. FINDINGS AND PURPOSES. tence of section 552(a)(6)(C) of title 5, United ‘‘(G) copies of all records, regardless of form States Code, is amended to read: ‘‘Any notifica- (a) FINDINGS.—The Congress finds that— (1) the purpose of the Freedom of Information or format, which because of the nature of their tion of any full or partial denial of any request Act is to require agencies of the Federal Govern- subject matter, have become or are likely to be- for records under this subsection shall set forth ment to make certain agency information avail- come the subject of subsequent requests for sub- the names and titles or positions of each person able for public inspection and copying and to stantially the same records under paragraph (3) responsible for the denial of such request and establish and enable enforcement of the right of of this subsection;’’; the total number of denied records and pages (4) in the second sentence by striking out ‘‘or any person to obtain access to the records of considered by the agency to have been respon- staff manual or instruction’’ and inserting in such agencies (subject to statutory exemptions) sive to the request.’’. lieu thereof ‘‘staff manual, instruction, or index for any public or private purpose; (f) MULTITRACK FIFO PROCESSING AND EXPE- (2) since the enactment of the Freedom of In- or copies of records, which are made available DITED ACCESS.—Section 552(a)(6) of title 5, formation Act in 1966, and the amendments en- under paragraph (3) of this subsection’’; and United States Code, is amended by adding at the acted in 1974 and 1986, the Freedom of Informa- (5) in the third sentence by inserting ‘‘and the end thereof the following new subparagraphs: tion Act has been a valuable means through extent of such deletion shall be indicated on the ‘‘(D)(i) Each agency shall adopt a first-in, which any person can learn how the Federal portion of the record which is made available or first-out (hereafter in this subparagraph re- Government operates; published at the place in the record where such ferred to as FIFO) processing policy in deter- (3) the Freedom of Information Act has led to deletion was made’’ after ‘‘explained fully in mining the order in which requests are proc- the disclosure of waste, fraud, abuse, and writing’’. essed. The agency may establish separate proc- wrongdoing in the Federal Government; SEC. 5. HONORING FORMAT REQUESTS. essing tracks for simple and complex requests (4) the Freedom of Information Act has led to Section 552(a)(3) of title 5, United States Code, using FIFO processing within each track. the identification of unsafe consumer products, is amended by— ‘‘(ii) For purposes of such a multitrack sys- harmful drugs, and serious health hazards; (1) inserting ‘‘(A)’’ after ‘‘(3)’’; tem— (5) Government agencies increasingly use com- (2) inserting ‘‘(A) through (F)’’ after ‘‘under ‘‘(I) a simple request shall be a request requir- puters to conduct agency business and to store paragraphs (1) and (2)’’; ing 10 days or less to make a determination on publicly valuable agency records and informa- (3) striking out ‘‘(A) reasonably’’ and insert- whether to comply with such a request; and tion; and ing in lieu thereof ‘‘(i) reasonably’’; ‘‘(II) a complex request shall be a request re- (6) Government agencies should use new tech- (4) striking out ‘‘(B)’’ and inserting in lieu quiring more than 10 days to make a determina- nology to enhance public access to agency thereof ‘‘(ii)’’; and tion on whether to comply with such a request. records and information. (5) adding at the end thereof the following ‘‘(iii) A multitrack system shall not negate a (b) PURPOSES.—The purposes of this Act are new subparagraphs: claim of due diligence under subparagraph (C), to— ‘‘(B) An agency shall, as requested by any if FIFO processing within each track is main- (1) foster democracy by ensuring public access person, provide records in any form or format in tained and the agency can show that it has rea- to agency records and information; which such records are maintained by that sonably allocated resources to handle the proc- (2) improve public access to agency records agency. essing for each track. and information; ‘‘(C) An agency shall make reasonable efforts ‘‘(E)(i) Each agency shall promulgate regula- (3) ensure agency compliance with statutory to search for records in electronic form or format tions, pursuant to notice and receipt of public time limits; and and provide records in the form or format re- comment, providing that upon receipt of a re- (4) maximize the usefulness of agency records quested by any person, including in an elec- quest for expedited access to records and a and information collected, maintained, used, re- tronic form or format, even where such records showing by the person making such request of a tained, and disseminated by the Federal Gov- are not usually maintained but are available in compelling need for expedited access to records, ernment. such form or format.’’. the agency determine within 10 days (excepting SEC. 3. PUBLIC INFORMATION AVAILABILITY. SEC. 6. DELAYS. Saturdays, Sundays, and legal public holidays) Section 552(a)(1) of title 5, United States Code, (a) FEES.—Section 552(a)(4)(A) of title 5, after the receipt of such a request, whether to is amended— United States Code, is amended by adding at the comply with such request. A request for records (1) in the matter before subparagraph (A) by end thereof the following new clause: to which the agency has granted expedited ac- inserting ‘‘including by computer telecommuni- ‘‘(viii) If at an agency’s request, the Comp- cess shall be processed as soon as practicable. A cations, or if computer telecommunications troller General determines that the agency an- request for records to which the agency has de- means are not available, by other electronic nually has either provided responsive documents nied expedited access shall be processed within means,’’ after ‘‘Federal Register’’; or denied requests in substantial compliance the time limits under paragraph (6) of this sub- (2) by striking out ‘‘and’’ at the end of sub- with the requirements of paragraph (6)(A), one- section. paragraph (D); (3) by redesignating subparagraph (E) as sub- half of the fees collected under this section shall ‘‘(ii) A person whose request for expedited ac- paragraph (F); and be credited to the collecting agency and ex- cess has not been decided within 10 days of its (4) by inserting after subparagraph (D) the pended to offset the costs of complying with this receipt by the agency or has been denied shall following new subparagraph: section through staff development and acquisi- be required to exhaust administrative remedies. ‘‘(E) a complete list of all statutes that the tion of additional request processing resources. A request for expedited access which has not agency head or general counsel relies upon to The remaining fees collected under this section been decided may be appealed to the head of the authorize the agency to withhold information shall be remitted to the Treasury as general agency within 15 days (excepting Saturdays, under subsection (b)(3) of this section, together funds or miscellaneous receipts.’’. Sundays, and legal public holidays) after its re- with a specific description of the scope of the in- (b) DEMONSTRATION OF CIRCUMSTANCES FOR ceipt by the agency. A request for expedited ac- formation covered; and’’. DELAY.—Section 552(a)(4)(E) of title 5, United cess that has been denied by the agency may be States Code, is amended— appealed to the head of the agency within 5 SEC. 4. MATERIALS MADE AVAILABLE IN ELEC- TRONIC FORMAT AND INDEX OF (1) by inserting ‘‘(i)’’ after ‘‘(E)’’; and days (excepting Saturdays, Sundays, and legal RECORDS MADE AVAILABLE TO THE (2) by adding at the end thereof the following public holidays) after the person making such PUBLIC. new clause: request receives notice of the agency’s denial. If Section 552(a)(2) of title 5, United States Code, ‘‘(ii) Any agency not in compliance with the an agency head has denied, affirmed a denial, is amended— time limits set forth in this subsection shall dem- or failed to respond to a timely appeal of a re- (1) in the matter before subparagraph (A) by onstrate to a court that the delay is warranted quest for expedited access, a court which would inserting ‘‘, including, within 1 year after the under the circumstances set forth under para- have jurisdiction of an action under paragraph date of the enactment of the Electronic Freedom graph (6) (B) or (C) of this subsection.’’. (4)(B) of this subsection may, upon complaint, of Information Improvement Act of 1996, by com- (c) PERIOD FOR AGENCY DECISION TO COMPLY require the agency to show cause why the re- puter telecommunications, or if computer tele- WITH REQUEST.—Section 552(a)(6)(A)(i) is quest for expedited access should not be grant- communications means are not available, by amended by striking out ‘‘ten days’’ and insert- ed, except that such review shall be limited to other electronic means,’’ after ‘‘copying’’; ing in lieu thereof ‘‘twenty days’’. the record before the agency.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10715 ‘‘(iii) The burden of demonstrating a compel- This legislation springs from one of our to use the Internet to increase access ling need by a person making a request for expe- most essential principles: A democracy to government records for all Ameri- dited access may be met by a showing, which works best when the people have all the in- cans. such person certifies under penalty of perjury to formation that the security of the Nation Ensuring public access to electronic be true and correct to the best of such person’s permits. government records is not just impor- knowledge and belief, that failure to obtain the Just over the past few months, tant for broader citizen access. Infor- requested records within the timeframe for expe- records released under the FOIA have dited access under this paragraph would— mation is a valuable commodity and ‘‘(I) threaten an individual’s life or safety; revealed FAA actions against Valuejet the Federal Government is probably ‘‘(II) result in the loss of substantial due proc- before the May 11 crash in the Ever- the largest single producer and reposi- ess rights and the information sought is not oth- glades, the government’s treatment of tory of accurate information. This gov- erwise available in a timely fashion; or South Vietnamese commandos who ernment information is a national re- ‘‘(III) affect public assessment of the nature fought in a CIA-sponsored army in the source that commercial companies pay and propriety of actual or alleged governmental early 1960’s, the high salaries paid to actions that are the subject of widespread, con- for under the FOIA, add value to, and temporaneous media coverage.’’. independent counsels, the unsafe lead then sell—creating jobs and generating SEC. 7. COMPUTER REDACTION. content of D.C. tap water, and the revenue in the process. It is important Section 552(b) of title 5, United States Code, is types of tax cases that the IRS rec- for our economy and for American amended by inserting before the period in the ommends for criminal prosecution. competitiveness that fast, easy access sentence following paragraph (9) the following: In the 30 years since the Freedom of to that resource in electronic form be ‘‘, and the extent of such deletion shall be indi- Information Act became law, tech- available. The electronic FOIA bill cated on the released portion of the record at nology has dramatically altered the would contribute to our information the place in the record where such deletion was way government handles and stores in- economy. made’’. formation. Gone are the days when I would like to highlight some of SEC. 8. DEFINITIONS. Section 552(f) of title 5, United States Code, is agency records were solely on paper what this bill would accomplish. First, amended to read as follows: stuffed into file cabinets. Instead, it would require agencies to provide ‘‘(f) For purposes of this section— agencies depend on personal com- records in a requested format whenever ‘‘(1) the term ‘agency’ as defined in section puters, computer databases and elec- possible. 551(1) of this title includes any executive depart- tronic storage media, such as CD- Second, the bill would encourage ment, military department, Government corpora- ROM’s, to carry out their mission. agencies to increase on-line access to tion, Government controlled corporation, or The time is long overdue to update government records that agencies cur- other establishment in the executive branch of rently put in their public reading the Government (including the Executive Office this law to address new issues related of the President), or any independent regulatory to the increased use of computers by rooms. These records would include agency; federal agencies. Computers are just as copies of records that are the subject of ‘‘(2) the term ‘record’ means all books, papers, ubiquitous in Federal agency offices as repeated FOIA requests. maps, photographs, machine-readable materials, in the private sector. We need to make Finally, the bill would address the or other information or documentary materials, clear that the FOIA is not just a right biggest single complaint of people regardless of physical form or characteristics, making FOIA requests: delays in get- but does not include— to know what’s on paper law, but that it applies equally to electronic records. ting a response. I understand that at ‘‘(A) library and museum material acquired or the FBI, the delays can stretch to over received and preserved solely for reference or ex- That is why Senator BROWN, Senator four years. Because of these delays, hibition purposes; KERRY, and I, with the strong support ‘‘(B) extra copies of documents preserved sole- of many library, press, civil liberties, writers, students and teachers and oth- ly for convenience of reference; consumer and research groups, have ers working under time deadlines, have ‘‘(C) stocks of publications and of processed pushed for passage of the Electronic been frustrated in using FOIA to meet documents; or their research needs. Long delays in ac- ‘‘(D) computer software which is obtained by FOIA bill. The Senate recognized the need to update the FOIA in the last cess can mean no access at all. an agency under a licensing agreement prohib- The current time limits in the FOIA iting its replication or distribution; and Congress by passing an earlier version are a joke. Few agencies actually re- ‘‘(3) the term ‘search’ means a manual or of this bill. spond to FOIA requests within the 10- automated review of agency records that is con- This legislation takes steps so that day limit required in the law. Such ducted for the purpose of locating those records agencies use technology to make gov- which are responsive to a request under sub- routine failure to comply with the section (a)(3)(A) of this section.’’. ernment more accessible and account- statutory time limits is bad for morale able to its citizens. Storing govern- Mr. McCAIN. Mr. President, I ask in the agencies and breeds contempt by unanimous consent that the committee ment information on computers should citizens who expect government offi- amendment be agreed to, the bill be actually make it easier to provide pub- cials to abide by, not routinely break, deemed read the third time, and lic access to information in more the law. passed, the motion to reconsider be meaningful formats. For example, peo- I appreciate the budget and resource laid upon the table, and that any state- ple with sight or hearing impairments constraints under which agencies are ments relating to the bill appear at can use special computer programs to operating. We have made every effort translate electronic information into this point in the RECORD. in this bill to make sure it works for The committee amendment was braille or large print or synthetic both agencies and requestors. Some agreed to. speech output. agencies, particularly those with huge The bill (S. 1090), as amended, was Electronic records also make it pos- backlogs of FOIA requests resulting in deemed read the third time, and sible to provide dial-up access to any delays of up to four years for an agency passed. citizen who can use computer net- response, are concerned that the bill Mr. LEAHY. Mr. President: I am de- works, such as the Internet. Those removes backlogs as an automatic ex- lighted that the Senate has today Americans living in the remotest rural cuse to ignore the time limits. We passed important amendments to the area in Vermont, or in a distant State should not give agencies an incentive Freedom of Information Act that will far from Federal agencies’ public read- to create backlogs. Agencies will have bring this statute into the electronic ing rooms here in Washington, DC, to show that they are taking steps to age. Passage of these amendments are should be able to use computer net- reduce their backlogs before they qual- a tremendous way to mark the 30th an- works to get direct access to the ware- ify for additional time to respond to a niversary of the Freedom of Informa- house of unclassified information FOIA request. tion Act. stored in government computer banks. While increased computer access to The FOIA has served the country The explosion of the Internet adds government records may necessitate an well in maintaining the right of Ameri- enormously to the need for clarifica- initial outlay of money and effort, as cans to know what their government is tion of the status of electronic govern- more information is made available on- doing—or not doing. As President ment records under the FOIA and the line, the labor intensive task of phys- Johnson said in 1966, when he signed significance of this legislation for cit- ically searching and producing docu- the Freedom of Information Act into izen access. These amendments to the ments should be reduced. The net re- law: FOIA will encourage federal agencies sult should be increased efficiency in

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10716 CONGRESSIONAL RECORD — SENATE September 17, 1996 satisfying agency FOIA obligations, re- Section 2. Findings and Purposes. The find- as (a)(2) materials, which are made available duced paperwork burdens, reduced er- ings make clear that Congress enacted the for public inspection and copying. This rors and better service to the public. FOIA to require Federal agencies to make would help to reduce the number of multiple The Electronic FOIA bill should help records available to the public through pub- FOIA requests for the same records requiring agencies comply with the law’s time lic inspection and upon the request of any separate agency responses. Likewise, the person for any public or private use. The general index would assist requesters in de- limits by doubling the ten-day time findings also acknowledge the increase in termining which records have been the sub- limit to give agencies a more realistic the government’s use of computers and ex- ject of prior FOIA requests. Since requests time period for responding to FOIA re- horts agencies to use new technology to en- for prior-released records are more readily quests, making more information hance public access to government informa- identified by the agency without the need for available on-line, requiring the use of tion. new searches, this index would assist agen- better record management techniques, The purposes of the bill include improving cies in complying with the FOIA time limits. such as multi-track processing, and public access to government information and This section would make clear that to pre- records, and reducing the delays in agencies’ providing expedited access to reques- vent a clearly unwarranted invasion of per- responses to requests for records under the sonal privacy, an agency may delete identi- tors who demonstrate a compelling Freedom of Information Act. fying details when it makes available or pub- need for a speedy response. Section 3. Application of Requirements to lishes the index and copies of prior-released All these steps, and others in the bill, Electronic Format Information. The bill records. may not provide a total cure but would add a definition of ‘‘record’’ to the Finally, this section would require, con- should help reduce the endemic delay FOIA to address electronically stored infor- sistent with the ‘‘Computer Redaction’’ re- problems. mation. There is little disagreement that the quirement in Section 9 of the bill, an agency This has generally been a very par- FOIA covers all government records, regard- to indicate the extent of any deletion from tisan Congress. I commend members of less of the form in which they are stored by the prior-released records and, where tech- the agency. The Department of Justice the House Government Reform and nically feasible, to indicate the deletion at agrees that computer database records are the place on the record where the deletion Oversight Subcommittee on Govern- agency records subject to the FOIA. See ‘‘De- was made. Such indication need not be in- ment Management, Information and partment of Justice Report on ‘Electronic cluded when doing so would harm an interest Technology, and, in particular, Chair- Record’ Issues Under the Freedom of Infor- protected by the exemption in subsection (b) man STEPHEN HORN, ranking member mation Act,’’ S. Hrg. 102–1098, 102d Cong., 2d under which the deletion was made. CAROLYN MALONEY, and Representa- Sess. 33 (1992). The bill would define ‘‘record’’ Section 5. Honoring Form or Format Re- tives RANDY TATE and COLLIN PETER- to ‘‘include any information that would be quests. Section 5 would require agencies to SON, for rising above the partisan fray an agency record subject to the requirements assist requesters by providing information in and moving this legislation in the of this section when maintained by an agen- the form requested, including requests for cy in any format, including an electronic the electronic form of records, if the agency House. They saw this bill for what it is: format.’’ is able to reproduce it in that form. This sec- a good government issue, not a par- Section 4. Information Made Available in tion would overrule Dismukes v. Department tisan one. We have worked diligently Electronic Format and Indexation of of the Interior, 603 F. Supp. 760, 763 (D.D.C. to sort out any differences in the House Records. The Office of Management and 1984), which held that an agency ‘‘has no ob- and Senate bills, and we can all be Budget has directed agencies to use elec- ligation under the FOIA to accommodate proud of the final product reflected in tronic media and formats, including public plaintiff’s preference [but] need only provide both the Substitute amendment to S. networks, to make government information responsive, nonexempt information in a rea- 1090 and the final version of the bill more easily accessible and useful to the pub- sonably accessible form.’’ lic. This bill will help effectuate this goal. This section would also require agencies to passed by the House. This section of the bill would require that make reasonable efforts to search for records Even as we have worked on this legis- materials, such as agency opinions and pol- that are maintained in electronic form or lation, new issues about the coverage icy statements, which an agency must format, unless such search efforts would sig- of the FOIA have surfaced. I refer spe- ‘‘make available for public inspection and nificantly interfere with the operation of the cifically to the D.C. Court of Appeals copying,’’ pursuant to Section 552(a)(2), and agency’s automated information systems. case, decided on August 2, 1996, that which are created on or after November 1, The bill defines ‘‘search’’ as a ‘‘review, the National Security Council is not an 1996, be made available by computer tele- manually or by automated means,’’ of ‘‘agen- ‘‘agency’’ subject to the FOIA, despite communications, as well as in hard copy, cy records for the purpose of locating those within 1 year after the date of enactment. If records responsive to a request.’’ Under the the fact that the NSC has complied an agency does not have the means estab- FOIA, an agency is not required to create with the FOIA for years under both Re- lished to make these materials available on- documents that do not exist. Computer publican and Democratic Presidents. line, then the information should be made records located in a database rather than in Litigation on this matter continues available in some other electronic form, e.g., a file cabinet may require the application of and the case may now go to the U.S. CD–ROM or disc. The bill would thus treat codes or some form of programming to re- Supreme Court. Clarification of which (a)(2) materials in the same manner as it trieve the information. Under the definition offices within the White House are treats (a)(1) materials, which under the Gov- of ‘‘search’’ in the bill, the search of comput- ‘‘agencies’’ subject to the FOIA may be ernment Printing Office Electronic Informa- erized records would not amount to the cre- tion Access Enhancement Act of 1993 (‘‘GPO ation of records. Otherwise, it would be vir- a matter requiring congressional atten- Access Act’’), Pub. Law 103–40, are required, tually impossible to get records that are tion in the next Congress. via the Federal Register, to be made avail- maintained completely in an electronic As the Federal Government increas- able on-line. form, like computer database information, ingly maintains its records in elec- This section would also increase the infor- because some manipulation of the informa- tronic form, we need to make sure that mation made available under Section tion likely would be necessary to search the this information is available to citi- 552(a)(2). Specifically, agencies would be re- records. zens on the same basis as information quired to make available for public inspec- Section 6. Standard for Judicial Review. in paper files. Doing so will fulfill the tion and copying, in the same manner as Section 6 would require a court to accord other materials required to be made avail- substantial weight to an agency’s determina- promise first made thirty years ago in able under Section 552(a)(2), copies of records tion as to both the technical feasibility of re- the FOIA that citizens have a right to released in response to FOIA requests that dacting nonreleasable material at the place know and a right to see the records the the agency determines have been or will on the record where the deletion was made, government collects with their tax dol- likely be the subject of additional requests. under paragraphs (2)(C) and subsection (b), as lars. In addition, they would be required to make amended by this Act, and the reproducibility I ask unanimous consent that a sec- available a general index of these prior-re- of the requested form or format of records, tion-by-section analysis of that amend- leased records. By December 31, 1999, this under paragraph (3)(B), as amended by this ment be printed in the RECORD. index should be made available by computer Act. Such deference is warranted since an There being no objection, the mate- telecommunications. Since not all individ- agency is familiar with the availability of rial was ordered to be printed in the uals have access to computer networks or technical resources within the agency to are near agency public reading rooms, how- process, redact and reproduce records. RECORD, as follows: ever, requesters would still be able to access Section 7. Ensuring Timely Response to SUMMARY OF SUBSTITUTE TO LEAHY-BROWN- previously-released FOIA records through Requests. The bill addresses the single most KERRY ELECTRONIC FOIA IMPROVEMENT ACT the normal FOIA process. frequent complaint about the operation of (S. 1090) As a practical matter, this would mean the FOIA, namely, agency delays in respond- Section 1. Short Title. The Act may be that copies of prior-released records on a ing to FOIA requests by encouraging agen- cited as the ‘‘Electronic Freedom of Informa- popular topic, such as the assassinations of cies to employ better records management tion Act Amendments of 1996.’’ public figures, would subsequently be treated systems.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10717 Multitrack Processing.—An agency com- stitute ‘‘exceptional circumstances.’’ Rou- quested records, appeals, a complete list of mitment to process requests on a first-come, tine backlogs of requests for records under statutes upon which the agency relies to first-served basis has been held to satisfy the the FOIA should not give agencies an auto- withhold information under Section 552(b)(3), requirement that an agency exercise due matic excuse to ignore the time limits, since which exempts information that is specifi- diligence in dealing with backlogs of FOIA this provides a disincentive for agencies to cally exempted from disclosure by other requests. Processing requests solely on a clear up those backlogs. The bill also makes statutes, the number of backlogged FOIA re- FIFO basis, however, may result in lengthy clear that those agencies with backlogs must quests, the number of days taken to process delays for simple requested due to the prior make efforts to reduce that backlog before requests, the amount of fees collected, and receipt and processing of complex requests, exceptional circumstances will be found to staff devoted to processing FOIA requests. and in increased agency backlogs. The bill exist. The annual reports would be required to be would permit agencies to promulgate regula- Section 8. Time Period for Agency Consid- made available to the public, including by tions implementing multitrack processing eration of Requests. The bill contains provi- computer telecommunications means. If an systems, and make clear that agencies sions designed to address the needs of both agency does not have the means established should exercise due diligence within each agencies and requesters for more workable to make the report available on-line, then track. Agencies would also be permitted to time periods for the processing of FOIA re- the report should be made available in some provide requesters with the opportunity to quests. other electronic form. The Attorney General limit the scope of their requests in order to Expedited Access.—The bill would require is required to make each report available at qualify for processing under a faster track. agencies to promulgate regulations author- a single electronic access point, and advise Unusual Circumstances.—The FOIA cur- izing expedited access to requesters who certain Members of Congress that such re- rently permits an agency in ‘‘unusual cir- demonstrate a ‘‘compelling need’’ for a ports are available. cumstances’’ to extend for a maximum of 10 speedy response. The agency would be re- The Attorney General and the Director of working days the statutory time limit for re- quired to make a determination whether or the Office of Management and Budget are re- sponding to a FOIA request, upon written no- not to grant the request for expedited access quired to develop reporting guidelines for tice to the requester setting forth the reason within ten days and then notify the re- the annual reports by October 1, 1997. for such extension. The FOIA enumerates quester of the decision. The requester would Section 11. Reference Materials and various reasons for such an extension, in- bear the burden of showing that expedition is Guides. The bill would require agencies to cluding the need to search for and collect re- appropriate by certifying in a statement make publicly available, upon request, ref- quested records from multiple offices, the that the demonstration of compelling need is erence material or a grade for requesting volume of records requested, and the need for true and correct to the best of the request- records or information from an agency. This consultation among components of an agen- er’s knowledge and belief. The bill would per- guide would include an index and description cy. mit only limited judicial review based on the of all major information systems of an agen- For unusually burdensome FOIA requests, same record before the agency of the deter- cy, and a handbook for obtaining various an extra ten days still provides insufficient mination whether to grant expedited access. types and categories of public information time for an agency to respond. The bill Moreover, federal courts will not have juris- from an agency. would provide a mechanism to deal with diction to review an agency’s denial of an ex- Section 12. Effective Date. To provide such requests, which an agency would not be pedited access request if the agency has al- agencies time to implement new require- able to process even with an extra ten days. ready provided a complete response to the ments under the Act, Sections 7 and 8 of the For such requests, the bill would require an request for records. bill concerning multitrack and expedited agency to inform the requester that the re- A ‘‘compelling need’’ warranting expedited processing, unusual and exceptional cir- quest cannot be processed within statutory access would be demonstrated by showing cumstances, the doubling of the statutory time limits and provide an opportunity for that failure to obtain the records within an time period for responding to FOIA requests, the requester to limit the scope of the re- expedited time frame would: (I) pose an im- and estimating the amount of material to quest so that it may be processed within minent threat to an individual’s life or phys- which access is denied, will take effect 180 statutory time limits, or arrange with the ical safety; or, (II) ‘‘with respect to a request days after the date of enactment, and the re- agency an agreed upon time frame for proc- made by a person primarily engaged in dis- mainder of the Act will become effective one essing the request. In the event that the re- seminating information, urgency to inform year after the date of enactment. quester refuses to reasonably limit the re- the public concerning actual or alleged fed- f quest’s scope or agree upon a time frame and eral government activity.’’ Agencies are also then seeks judicial review, that refusal shall permitted to provide for expedited proc- COMPREHENSIVE METHAMPHET- be considered as a factor in determining essing in other cases as they may determine. AMINE CONTROL ACT OF 1996 whether ‘‘exceptional circumstances’’ exist Expansion of Agency Response Time.—To under subparagraph (6)(C). assist federal agencies in reducing their Mr. MCCAIN. Mr. President, I ask Requesters should not be able to make backlog of FOIA requests, the bill would dou- unanimous consent that the Senate multiple requests merely to avoid the proce- ble the time limit for an agency to respond proceed to the immediate consider- dures otherwise applicable in unusual cir- to FOIA requests from ten days to twenty ation of Calendar No. 566, S. 1965, which cumstances. To avoid the potential problem days. Attorney General Janet Reno has ac- was introduced earlier by Senator of multiple requests for purely circumven- knowledged the inability of most federal tion purposes, the bill would permit agencies HATCH. agencies to comply with the ten-day rule ‘‘as The PRESIDING OFFICER. Without to promulgate regulations to aggregate re- a serious problem’’ stemming principally quests made by the same requester, or group from ‘‘too few resources in the face of too objection, it is so ordered. of requesters acting in concert, if the agency heavy a workload.’’ The clerk will report. reasonably believes that such requests actu- Estimation of Matter Denied.—The bill A bill (S. 1965) to prevent the illegal manu- ally constitute a single request, which would would require agencies when denying a FOIA facturing and use of methamphetamine. otherwise satisfy the unusual circumstances request to make reasonable efforts to esti- The PRESIDING OFFICER. Is there specified in subparagraph (6)(B)(iii) of the mate the volume of any denied material and objection to the immediate consider- bill. The aggregated requests must involve provide that estimate to the requester, un- clearly related matters. Agencies are di- less doing so would harm an interest pro- ation of the bill? rected not to aggregate multiple requests in- tected by an exemption pursuant to which There being no objection, the Senate volving unrelated matters. the denial is made. proceeded to consider the bill. Exceptional Circumstances.—The FOIA Section 9. Computer Redaction. The ease Mr. HATCH. Mr. President, a number provides that in ‘‘exceptional cir- with which information on the computer of us have spent countless hours trying cumstances,’’ a court may extend the statu- may be redacted makes the determination of to devise a plan to turn back the dread- tory time limits for an agency to respond to whether a few words or 30 pages have been ful tide of methamphetamine abuse a FOIA request, but does not specify what withheld by an agency at times impossible. which is now beginning to flow west- those circumstances are. The bill would clar- The bill would require agencies to indicate ify that routine, predictable agency backlogs deletions of the released portion of the ward across the United States, threat- for FOIA requests do not constitute excep- record and, where technically feasible, to in- ening to engulf both cities and rural tional circumstances for purposes of the Act, dicate the deletion at the place on the record areas. unless the agency demonstrates reasonable where the deletion was made, unless includ- We have now crafted such a plan, a progress in reducing its backlog of pending ing that indication would harm an interest bipartisan plan which meets those requests. This is consistent with the holding protected by an exemption pursuant to goals, we have introduced as S. 1965, in Open America v. Watergate Special Prosecu- which the deletion is made. the Comprehensive Methamphetamine tion Force, 547 F.2d 605 (D.C. Cir. 1976), where Section 10. Report to the Congress. This Control Act of 1996. the court held that an unforeseen 3,000 per- section would add to the information an cent increase in FOIA requests in one year, agency is already required to publish as part I rise to ask my colleagues’ support which created a massive backlog in an agen- of its annual report. Specifically, agencies for this legislation and for the amend- cy with insufficient resources to process would be required to publish in its annual re- ments to that bill that have allowed it those requests in a timely manner, can con- ports information regarding denials of re- to win near unanimous support.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10718 CONGRESSIONAL RECORD — SENATE September 17, 1996 Mr. President, we have all seen the In a careful balance, S. 1965 also re- difference is that the combination recent alarming reports indicating that duces single transaction reporting re- ephedrine products are not permitted drug abuse has increased during the quirements for sales of over-the- to take advantage of the 3 gram, blis- tenure of the Clinton administration. counter pseudoephedrine and phenyl- ter pack rule that is afforded to Today, the Congress can take an im- propanolamine products to 24 grams. pseudoephedrine and phenylpropanola- portant step to curb our nation’s re- At the same time, our proposal creates mine products. cent backsliding on the drug issue. a safe harbor for legitimate cough and I do not know of, and understand I am proud to point out that this is a cold products sold in blister packs at that the Drug Enforcement Agency bipartisan measure—I think this is how the retail level at quantities of up to 3 does not know of, any public policy jus- drug policy should be made—and I wish grams. tification for this difference in treat- to thank all of our cosponsors: Sen- The Comprehensive Methamphet- ment of products. One possible—per- ators BIDEN; GRASSLEY; FEINSTEIN; amine Control Act establishes new re- haps likely—result will be to decrease WYDEN; DASCHLE; DEWINE; SPECTER; porting requirements for firms selling the public’s legitimate access to these D’AMATO; HARKIN; ASHCROFT; REID; these products through the mail, since products. I think this is unfortunate, KYL; FEINGOLD; and MCCAIN. law enforcement officials have found and I hope this provision can be revis- I wish to thank especially the rank- that mail order sales are a significant ited. ing member of the Judiciary Com- source of diversion. I would also like to comment on a mittee, Mr. BIDEN, for his help in devel- I believe that education and research few of the changes we made in the bill oping this legislation. are key to efforts to stop drug abuse, after its introduction. These changes I can report to my colleagues in the and our bill contains a separate title are embodied in the Hatch-Biden- Senate that the House Judiciary Com- which makes them a top priority. Wyden-Grassley-Feinstein technical mittee is also at hard work on this The bill creates an interagency task correction amendment. issue—they have a markup scheduled force on the methamphetamine epi- One such change, which I believe is a for tomorrow—so I think it is very pos- demic which will coordinate efforts significant improvement, is to provide sible, indeed highly probable, that we across the Government. It requires guidance of what evidence the Depart- will send a bill to the President before that the Secretary of Health and ment of Justice may use in examining adjournment. That time cannot come Human Services develop a public whether the safe harbor provisions that soon enough. health monitoring program, which will affect certain products—those products Two weeks ago, I testified before the collect and disseminate data which can sold in blister packs in quantities of 3 House Judiciary’s Subcommittee on be used in policy development. grams or less—are being diverted. We Crime, which held a hearing on the The bill also established a public-pri- have clarified that isolated or infre- meth epidemic. I was encouraged at vate education program, an advisory quent use, or use of small quantities of that hearing by the efforts of Chairman panel of Federal, State and local law these products, cannot be used to close MCCOLLUM and Representatives enforcement and regulatory agencies the 3 gram, blister pack safe harbor for HEINEMAN, SCHUMER and FAZIO, who with experience in investigating and pseudoephedrine and phenylpropanola- are working with us to get a bill we prosecuting illegal transactions of pre- mine products. can all endorse. cursor chemicals. As we crack down on those who make We developed this bill in close con- As I have said, Mr. President, this and sell illegal drugs we must also bal- sultation with the Department of Jus- bill is the product of long and hard ne- ance the interests of the millions of tice and the Drug Enforcement Admin- gotiations among many parties. our citizens who benefit from legiti- istration. Indeed, General McCaffrey, None of us are completely com- mate over-the-counter drug products. Director of the Office of National Drug fortable with every provision, but Only if there is solid evidence of sys- Control Policy, has testified before the taken as a whole we are confident the temic abuse of 3 gram, blister pack re- Judiciary Committee that he supports bill will meet our common goal. tail sales should any further steps be our legislation, so I am certain that An important component of the bill taken that would impede the ability of the President will sign the bill once the we introduced, as well as the Clinton ordinary, law-abiding Americans to House completes it work on this meas- administration’s proposal, were manda- have access to safe and effective cold ure. tory minimum sentences for meth remedies upon which they have come Frankly, it is time for this adminis- dealers. The bill we pass today does not to rely. tration to show that the war against contain those ‘‘mandatory minimums,’’ We must give the safe harbor provi- drugs is a top national priority. A re- due to adoption of the Kennedy-Simon sions a fair test, and that is why the re- sponsibility of those in leadership posi- amendment. vised bill requires consultation with tions is to give first attention to the From my perspective, the Kennedy- the Secretary of Health and Human most important problems and this is Simon language on sentencing will not Services and departmental reporting to certainly one. be as effective as the mandatory mini- Congress if the Justice Department be- Mr. President, meth is a killer. We mums that were contained in the origi- lieves the safe harbor should be know that meth-related deaths are up nal version of the bill. My colleagues breached. dramatically from 151 in 1991 to 433 in should note that this bill would not Make no mistake about it, without 1994. have passed without our accepting the the 3 gram, blister pack provision, We know that methamphetamine-re- Kennedy-Simon amendment. The spon- many legitimate distributors of over- lated hospital admissions are up about sors of this amendment were rather the-counter products would likely 300 percent in the last 5 years. clear in expressing their desire to keep choose not to offer pseudoephedrine Seizures or illegal meth labs are up this bill from passing by unanimous and phenylpropanolamine products. all over the country and even in my consent without the change embodied This is so because without this safe home State of Utah. Illicit lab seizures in their amendment. In the 105th Con- harbor language legitimate distribu- in Utah increased from 13 in 1994 to 56 gress, it is my intention to pursue en- tors of these over-the-counter products in 1995. In 1996, there have already have actment of these penalties. In the in- risk triggering the reporting and been 40 meth lab seizures in my State. terest of passing a bill in an expedi- record keeping provisions and criminal Given this pernicious trend, the time tious fashion, I have reluctantly agreed sanctions that are attendant to regu- to act is now. We must act in a com- to accept the Kennedy-Simon amend- lated sales. prehensive fashion and that is what ment. At the request of the DEA, we in- this bill does. Another troublesome aspect of the cluded two important provisions. One S. 1965 increases the penalties for il- compromise is the manner in which makes the effective date of the so- legal manufacture and distribution of combination ephedrine products are called ‘‘safe harbor’’ provision effective methamphetamine and its precursors treated. In the bill we are about to for products on the shelf one year after chemicals. It also increases penalties adopt, such products are treated dif- enactment. The original bill had an ef- for illegal possession of and trafficking ferently than pseudoephedrine or phen- fective date for products initially in- in illicit methamphetamine. ylpropanolamine products. The chief troduced into interstate commerce

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10719 prior to 9 months after the date of en- In July, Senator HATCH and I, along licit possession and trafficking of the actment. with Senators FEINSTEIN, FEINGOLD, precursor chemicals and equipment The other provision allows the DEA DASCHLE, GRASSLEY, SPECTER, HARKIN, used to manufacture methamphet- to begin immediately upon enactment WYDEN, D’AMATO, KYL, REID, amine. to collect data used to determine if the ASHCROFT, MCCAIN, and DEWINE intro- Third, we increase the reporting re- safe harbor provision should not be re- duced legislation to address this new quirements and restrictions on the le- tained. emerging drug epidemic before it is too gitimate sales of products containing I would also like to comment on an- late. these precursor chemicals in order to other critical provision of the Within the past few years the produc- prevent their diversion, and we impose Hatch-Biden-Wyden-Grassley-Feinstein tion and use of methamphetamine have even greater requirements on all firms amendment, which is that it takes the risen dramatically. Newspaper and which sell these product by mail. This unusual step of legislatively overriding media reports over the past few months includes the use of civil penalties and a regulation. This provision was made have highlighted these increases. I injunctions to stop ‘‘legitimate’’ firms necessary due to the fact that, on Au- have been tracking this development from recklessly providing precursor gust 7, 1996, the DEA promulgated a and pushing legislation to increase chemicals to methamphetamine manu- final rule with respect to certain Federal penalties and strengthen Fed- facturers. pseudoephedrine products. eral laws against methamphetamine Fourth, we address the international The DEA had been involved, almost production, trafficking, and use since nature of methamphetamine manufac- daily, in the negotiations over the de- 1990. ture and trafficking by coordinating velopment of the bill prior to promul- And what I and others have found is international enforcement efforts and gation of this final rule. I take the uni- alarming: strengthening provisions against the il- lateral action on the part of the DEA From 1991 through 1994 methamphet- legal importation of methamphetamine to issue that rule—without any notice amine related emergency room epi- and precursor chemicals. to the relevant committees—to be un- sodes increased 256 percent—the in- Fifth, we ensure that methamphet- fortunate bureaucratic judgment or a crease from 1993 to 1994 alone was 75 amine manufacturers who endanger the snafu. percent—with more than 17,000 people life on any individual or endanger the I have accepted the assurances of overdosing and being brought to the environment while making meth- DEA Administrator Tom Constantine emergency room because of meth- amphetamine will receive enhanced that this was an inadvertent error and amphetamine. prison sentences. that such failure to communicate, par- A survey of high school seniors, Finally, we require Federal, State, ticularly when it could jeopardize good which only measures the use of ‘‘ice’’— and local law enforcement and public faith work toward a common goal, will a fraction of the methamphetamine health officials to stay ahead of any not occur in the future. market—found that in 1995 86,000 12th potential growth in the methamphet- As chairman of the Judiciary Com- graders had used ice in the past year, amine epidemic by creating national mittee, I plan to continue to work 39,000 had used it in the past month, working groups on protecting the pub- closely with the DEA and Department and 3,600 reported using ice daily. This lic from the dangers of methamphet- of Justice as we plan, implement, and same survey found that only 54 percent amine production, trafficking, and oversee our Nation’s battle against of high school seniors perceived great abuse. drug abuse. It is important that we risk in trying ice—down from 62 per- The Hatch-Biden bill addresses all of work together. cent in 1990. And 27 percent of these these needs with a fair balance between Finally, as a result of testimony at children said it would be easy for them the needs of manufacturers and con- the House hearing, we have added two to get ice if they wanted it. sumers of legitimate products which provisions to the bill. One allows the The cause for concern over a meth- contain methamphetamine precursor effective date to be extended up to 6 amphetamine epidemic is further chemicals and the need to protect the months at the sole discretion of the ad- fueled by drug-related violence—again public by instituting harsh penalties ministration. The second allows manu- something we saw during the crack for any and all methamphetamine-re- facturers to petition for reinstatement era—that we can expect to flourish lated activities. from the legal drug exemption; the At- with methamphetamine as well. Put- This legislation is the crucial, com- torney General may grant such an ex- ting the problem in perspective, drug prehensive tool we need to stay ahead emption if she finds that the product is experts claim that ‘‘ice surpasses PCP of the methamphetamine epidemic and manufactured and distributed in a in inducing violent behavior.’’ to avoid the mistakes made during the manner which prevents diversion. In addition to the violence—both ran- early stages of the crack-cocaine explo- On balance, I think that these provi- dom and irrational—associated with sion. sions represent a reasonable com- methamphetamine users, there is also I want to thank Senator HATCH and promise. the enormous problem of violence my other colleagues who share my de- We have all strived to keep in mind among methamphetamine traffickers sire to move now on the problem of our topmost goal: curbing meth- and the environmental and life-threat- methamphetamine. I also want to amphetamine abuse. The bill we are ening conditions endemic in the clan- thank the Clinton administration, considering today meets that goal. It is destine labs where methamphetamine which also was determined to act now comprehensive, it is tough, and it is is produced. on this issue and worked with us in de- much needed. The bill the Senate is considering ad- veloping several of the provisions in I hope that we will approve the dresses all of the dangers of meth- this bill. amended version of S. 1965 quickly, so amphetamine and takes bold actions to I urge all my colleagues to join us in that the House may consider the meas- stop this potential epidemic in its protecting our children and our society ure, and we can move it swiftly down- tracks. Specifically, the Hatch-Biden from the devastations of methamphet- town to the President for his signature. methamphetamine enforcement bill amine by supporting this vital legisla- Mr. BIDEN. Mr. President, the story will take six major steps toward crack- tion. of our failure to foresee—and prevent— ing down on methamphetamine produc- Mr. WYDEN. Mr. President, I rise as the crack cocaine epidemic is one of tion, trafficking, and use, particularly an original cosponsor of the Com- the most significant public policy mis- use by the most vulnerable population prehensive Methamphetamine Control takes in modern history. Although threatened by this drug—our young Act of 1996, S. 1965, to urge its swift en- warning signs of an outbreak flared people. actment. over several years, few took action First and foremost, we increase pen- Today, the Senate is telling drug until it was too late. alties for possessing and trafficking in dealers that we aren’t going to let We now face similar warning signs methamphetamine. methamphetamine become the crack of with another drug—methamphetamine. Second, we crack down on meth- the 1990s. By passing the Comprehen- Without swift action now, history may amphetamine producers and traffickers sive Methamphetamine Control Act, repeat itself. by increasing the penalties for the il- the Senate is taking decisive action to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10720 CONGRESSIONAL RECORD — SENATE September 17, 1996 stem the tide of the methamphetamine amine trafficking have been too low for equipment used to make the drug; in- epidemic that has sunk its claw into too long, and I hope the enhanced pen- creasing reporting requirements and communities in Oregon and across the alties will make drug dealers think restrictions on legitimate sales of Nation. twice before they peddle their poison. products containing these precursor I do not believe we are acting a mo- The bill will also ensure that meth- chemicals to prevent their diversion to ment too soon. Last year in Oregon, 52 amphetamine manufacturers who put illegal use; and strengthening provi- deaths were tied to methamphetamine. the life of any person at risk or endan- sions against illegal importation of By comparison, Oregon’s Office of Al- ger the environment will receive longer methamphetamine and precursor cohol and Drug Abuse Programs re- prison sentences. chemicals. ported that there was only one meth- Finally, I think that all our efforts I urge my colleagues to provide need- related death in 1991. Meth-related ar- at enforcing penalties against traf- ed tools to our law enforcement offi- rests are rising across my State: Over fickers and users are going to be for cers by joining the fight against this the last 5 years in Jackson County, naught unless we work to get at the dangerous drug. We should and we meth-related violations rose 1,100 per- root of the problem, which is the addic- must pass this bill. cent, while in Malheur County, meth- tion to this deadly substance. I am Mr. FEINGOLD. Mr. President, I rise related arrests jumped 110 percent from pleased that this legislation will ex- today in support of S. 1965, the Com- 1993 to 1994. In Portland, police seizures pand education, treatment and re- prehensive Methamphetamine Control of meth increased 145 percent from 1994 search activities related to meth- Act of 1996. I am pleased to join many of my colleagues from the Judiciary to 1995. amphetamine. Since this bill was introduced in While the Comprehensive Meth- Committee, including Chairman HATCH June, I have met with Oregonians from amphetamine Control Act will make a and the ranking member, Senator across the State who have told me difference in the battle against this BIDEN, as a cosponsor of this legisla- about the need for a tough Federal re- deadly drug, there should be no doubt tion. This bill is an important step in at- sponse to the meth crisis. In Medford, I that we will all need to remain engaged tempting to halt the spread of meth- attended a Methamphetamine Aware- so we can counter the challenges posed amphetamine across this Nation. Meth- ness Conference, where law enforce- by the methamphetamine crisis and by amphetamine is a dangerous synthetic ment officials joined with public health other illegal drugs, which are eating drug which stimulates the central experts and other social service pro- away at our Nation’s youth. nervous system and can lead to such I commend the fine bipartisan effort viders to discuss the need for a com- unfortunate consequences, as death, that went into crafting this bill. My prehensive approach to the meth prob- violent and uncontrollable behavior colleagues, led by Chairman HATCH and lem. In Portland, I convened a round and severe depression. Methamphet- Senators BIDEN and FEINSTEIN, deserve table so law enforcement officials from amine is similar to another synthetic across the State could focus on how praise for their commitment and co- drug which appeared in my home State Federal, State, and local law enforce- operation on this matter. As we all of Wisconsin in the recent past, ment can come together to take on the seek to stamp out drug abuse in this methcathinone or cat as it is com- methamphetamine crisis. Everywhere I country, I hope the partisan spirit that monly known. Thankfully, through the go, the refrain is the same—the prob- permeated this bill can be a harbinger hard work of law enforcement, both lem is growing, as is its grip on our of good things to come. Federal and local, throughout the Mr. DASCHLE. Mr. President, I rise communities. upper Midwest, it appears that The Comprehensive Methamphet- in support of this important and much- methcathinone remains a relatively amine Control Act will aid in turning needed bill. Law enforcement officers isolated problem. In contrast, however, the tide against the methamphetamine in my state of South Dakota know the use of methamphetamine appears menace by giving law enforcement firsthand the serious impact the use of to be spreading. much needed new tools to combat this methamphetamines or ‘‘meth’’ has had While use of methamphetamine cre- deadly drug. on the State. Easily made from legally ates responses similar to that of crack The legislation goes after the source available chemicals—indeed, instruc- cocaine, reactions to methamphet- of the methamphetamine problem—the tions for manufacturing the drug can amine have been far more severe and precursor chemicals, often found in be found on the Internet—meth is rel- longer in duration than those of crack legal, over-the-counter drug products, atively cheap because local manufac- or cocaine. Furthermore, in recent which are used to manufacture meth- turing eliminates the need for illegal years the purity of this drug has in- amphetamine and its ugly cousin, am- smuggling. Highly addictive and capa- creased, thus enhancing the potential phetamine. While still allowing con- ble of producing sharp personality al- for violent reactions among its users. sumers access to many helpful and terations, violent episodes, and brain The consequences of this are serious, commonly used products containing damage in users, the drug imposes a not only for the user, but for society as the precursor chemicals, the bill will tremendous cost on our communities, well. Drug abuse can often lead to place significant restrictions on the families and law enforcement re- crime or violent behavior, possibilities bulk sale of the chemicals, both sources. which may be amplified when meth- through the mail and over the counter. Methamphetamines have been linked amphetamine is involved. A recent na- The legislation will also increase the with several violent crimes in South tional conference of Federal, State and penalties for the illegal possession and Dakota. In the last year, a contract- local law enforcement indicated that trafficking of the precursor chemicals killing and a murder-suicide were both law enforcement must become prepared and the equipment used to manufac- attributable to use of this drug. The to deal with more violent offenders ture the controlled substances and will DEA has registered an increase in the who have abused methamphetamine. allow law enforcement increased flexi- percentage of arrests due to meth in The re-emergence of this drug can be bility to obtain injunctions to stop the South Dakota from around 20 percent traced to the early 1990’s when Mexican illegal production and sale of precursor of the total arrest rate to 70 percent. drug traffickers began to increase their chemicals. And users often harm themselves as production and importation of meth- This legislation addresses the inter- well. From 1991 through 1994, emer- amphetamine in the United States. Al- national trafficking in precursor gency room episodes caused by use of though originally produced primarily chemicals by imposing a maximum 10- this drug increased 256 percent nation- in Mexico, the clandestine labs which year penalty on the manufacture out- wide. generate methamphetamine have side the United States of precursor This bill addresses this emerging begun to appear in this nation. Ini- chemicals with the intent to import drug epidemic by increasing Federal tially, the devastating presence of this the chemical into this country. penalties and strengthening Federal drug was largely restricted to the Back at home, the bill will increase laws against production, trafficking Western United States, predominately penalties for those convicted of pos- and use of methamphetamines; increas- in California and Arizona. For the pe- sessing and trafficking in methamphet- ing penalties for illicit possession and riod of 1991 through 1994, methamphet- amine. Penalties for methamphet- trafficking of precursor chemicals and amine related deaths increased by 176

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10721 percent for the cities of Los Angeles, to the issue of drug abuse, but it is, in Committee and look forward to work- Phoenix, San Diego, and San Fran- my opinion, an important and nec- ing with them to ensure this legisla- cisco. In the city of Phoenix the num- essary step in addressing the con- tion gets to the President this year. ber of methamphetamine related emer- sequences of methamphetamine. I want AMENDMENTS NOS. 5365 AND 5366, EN BLOC gency room incidents increased by 370 to again thank the Senator from Dela- Mr. MCCAIN. I understand that there percent for that same 4-year period. ware, Senator BIDEN, and Senator are two amendments at the desk, one Nationwide, the number of emergency HATCH for their leadership on this bill. submitted by Senator HATCH and one room incidents increased 350 percent I am proud to join them in this effort submitted by Senator KENNEDY. from 1991 to 1994. While originally re- and pleased that the Senate has chosen I ask for their consideration en bloc. stricted to the western part of the to adopt this important legislation. The PRESIDING OFFICER. Without United States, it appears that the drug Mr. HARKIN. Mr. President, as an objection, it is so ordered. has begun an eastward migration to original cosponsor of the Comprehen- The clerk will report. parts of the Midwest. Mr. President, sive Methamphetamine Control Act, I The legislative clerk read as follows: there can be no doubt that the con- am pleased that the Senate is acting The Senator from Arizona (Mr. MCCAIN), sequences of using this drug are seri- quickly to take this important step in proposes amendments numbered 5365 and ous. We must take steps to address this our fight against drugs. Meth is de- 5366, en bloc. growing problem and this legislation stroying lives, families, and commu- The amendments (Nos. 5365 and 5366), does just that. nities across Iowa and across the coun- en bloc, are as follows: S. 1965 includes provisions to try. Just last week Des Moines police AMENDMENT NO. 5365 strengthen and enhance penalties for reported that marijuana use in the city the trafficking of methamphetamine. (Purpose: To make certain technical and is on the rise and that the increase is conforming amendments) It increases penalties for the illegal being driven by the popularity of meth- possession and trafficking of precursor On page 9, line 2, strike ‘‘or facilitate to amphetamine. For Iowa, and many manufacture’’ and insert ‘‘or to facilitate the chemicals, those chemicals which are other States, this bill passage of this manufacture of’’. used to produce this deadly drug. The legislation can’t come fast enough. On page 10, line 8, strike ‘‘IMPORTATION RE- bill increases penalties for the illegal As Iowa’s new drug of choice, meth QUIREMENTS’’ and insert ‘‘IMPORTATION AND manufacture and possession of equip- has left no part of our State un- EXPORTATION REQUIREMENTS’’. ment used to construct the clandestine touched. In a word, meth is poison. On page 11, line 9, strike the comma after labs which generate methamphetamine This dangerous and popular drug is ‘‘item’’. and other controlled substances. An- cheap and easy to access. In Iowa, the On page 11, line 12, strike beginning with other troubling facet of this drug, ‘‘For purposes’’ through line 21 and insert street price for one gram of meth is ‘‘For purposes of paragraph (11), there is a which this bill addresses, is that the $100, similar to that of cocaine. How- rebuttable presumption of reckless disregard labs which produce this drug often pour ever, unlike cocaine whose effects last at trial if the Attorney General notifies a volatile and lethal chemicals into the about 20 minutes, one quarter of a firm in writing that a laboratory supply sold environment. This bill increases the gram of meth will last about 12 to 14 by the firm, or any other person or firm, has penalties for those individuals who en- hours. A leading Iowa doctor referred been used by a customer of the notified firm, danger the lives of innocent people and to meth as ‘‘the most malignant, ad- or distributed further by that customer, for law enforcement as well as threaten dictive drug known to mankind.’’ the unlawful production of controlled sub- the environment by operating these There is no doubt that the time for stances or listed chemicals a firm distributes and 2 weeks or more after the notification labs. this legislation is now. Federal meth- the notified firm distributes a laboratory Because many of the components of amphetamine investigations have dou- supply to the customer.’.’’. methamphetamine are products which bled and meth arrests have more than On page 14, line 24, strike ‘‘Iso safrole’’ and are otherwise legally available, the bill tripled over the past 2 years. The Divi- insert ‘‘Isosafrole’’. tightens restrictions on the sale and sion of Iowa Narcotics Enforcement re- On page 15, between lines 5 and 6, add the importation of the precursor chemicals ported a nearly 400 percent increase in following: used by methamphetamine traffickers. meth seizures in a one year period. And SEC. 210. WITHDRAWAL OF REGULATIONS. It enhances reporting requirements for in our largest city, Des Moines, meth The final rule concerning removal of ex- pseudoephedrine or phenylpropanola- seizures increased more than 4,000 per- emption for certain pseudoephedrine prod- ucts marketed under the Federal Food, Drug, mine, both important components in cent. the production of methamphetamine. and Cosmetic Act published in the Federal The legislation we are passing today Register of August 7, 1996 (61 FR 40981–40993) In short, Mr. President, in addition to takes bold actions to help States like is null and void and of no force or effect. punishing those individuals who mar- Iowa fight back. The Comprehensive On page 21, line 23, strike beginning with ‘‘, ket in this deadly drug, the bill ad- Methamphetamine Enforcement Act except that’’ through ‘‘transaction’’ on page dresses the important issue of regu- stiffens penalties for the possession and 22, line 6, and insert ‘‘, except that the lating precursor chemicals which are trafficking of this deadly poison and threshold for any sale of products containing essential to drug traffickers. Finally cracks down on producers and traf- pseudoephedrine or phenylpropanolamine Mr. President, this legislation estab- fickers by increasing penalties for the products by retail distributors or by dis- tributors required to submit reports by sec- lishes an interagency task force to illicit possession of the chemicals and tion 310(b)(3) of this title shall be 24 grams of visit the growing problem of meth- equipment used to manufacture meth- pseudoephedrine or 24 grams of phenyl- amphetamine abuse and develop and amphetamine. The bill increases re- propanolamine in a single transaction’’. implement a national strategy of edu- strictions and reporting requirements On page 22, line 8, strike ‘‘abuse’’ and in- cation, prevention, and treatment. on companies who supply the ingredi- sert ‘‘offense’’. Further, the Secretary of Health and ents for its production and creates na- On page 23, strike lines 1 through 14 and in- Human Services is charged with moni- tional working groups comprised of sert the following: toring the level of methamphetamine public health officials and local law en- ‘‘(46)(A) The term ‘retail distributor’ means a grocery store, general merchandise abuse in the United States in order to forcement to develop strategies to con- store, drug store, or other entity or person assist public health officials in devel- tinue to fight this budding epidemic. whose activities as a distributor relating to oping responses to this problem. Iowans have worked hard to cultivate pseudoephedrine or phenylpropanolamine Clearly, Mr. President, the problems a good quality of life. They have products are limited almost exclusively to of drug which confront this Nation are worked hard to make their commu- sales for personal use, both in number of complex and challenging. It will re- nities a place to raise a family, a safe sales and volume of sales, either directly to quire a long-term commitment by all place, a decent place. But meth pro- walk-in customers or in face-to-face trans- of us. We must coordinate law enforce- ducers and dealers are peddling poison actions by direct sales. ment and tough sanctions with effec- On page 24, line 12, strike ‘‘The’’ and insert and wreaking havoc on small towns the following: ‘‘Pursuant to subsection (d)(1), tive and adequately funded education, and communities across our State. the’’. prevention and treatment initiatives. I appreciate the efforts of Senators On page 25, line 17, strike ‘‘effective date of This legislation is clearly just one por- HATCH and BIDEN, the chair and rank- this section’’ and insert ‘‘date of enactment tion of what must be a larger approach ing member of the Senate Judiciary of this Act’’.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10722 CONGRESSIONAL RECORD — SENATE September 17, 1996 On page 26, line 1, after ‘‘being’’ insert date of enactment of this Act, except that, of the Sentencing Act of 1987, as though the ‘‘widely’’. on application of a manufacturer of a par- authority of that section had not expired, On page 26, line 4, strike ‘‘in bulk’’ and in- ticular pseudoephedrine or phenylpropanola- amend the sentencing guidelines to increase sert ‘‘for distribution or sale’’. mine drug product, the Attorney General by at least two levels the offense level for of- On page 27, line 15, strike ‘‘effective date of may, in her sole discretion, extend such ef- fenses involving list I chemicals under— this section’’ and insert ‘‘date of enactment fective date up to an additional six months. (A) section 401(d) (1) and (2) of the Con- of this Act’’. Notwithstanding any other provision of law, trolled Substances Act (21 U.S.C. 841(d) (1) On page 28, between lines 19 and 20, insert the decision of the Attorney General on such and (2)); and the following and redesignate the following an application shall not be subject to judi- (B) section 1010(d) (1) and (3) of the Con- paragraphs accordingly: cial review.’’ trolled Substance Import and Export Act (21 (3) SIGNIFICANT NUMBER OF INSTANCES.— On page 35, line 5, after ‘‘funds’’ insert ‘‘or U.S.C. 960(d) (1) and (3)). (A) IN GENERAL.—For purposes of this sub- appropriations’’. (2) REQUIREMENT.—In carrying out this section, isolated or infrequent use, or use in subsection, the Commission shall ensure insubstantial quantities, of ordinary over- AMENDMENT NO. 5366 that the offense levels for offenses referred the-counter pseudoephedrine or phenyl- to in paragraph (1) are calculated proportion- (Purpose: To provide enhanced penalties for propanolamine, as defined in section 102(45) ally on the basis of the quantity of con- offenses involving certain listed chemicals) of the Controlled Substances Act, as added trolled substance that reasonably could have by section 401(b) of this Act, and sold at the Strike sections 301 and 302 and insert the been manufactured in a clandestine setting retail level for the illicit manufacture of following: using the quantity of the list I chemical pos- methamphetamine or amphetamine may not SEC. 301. PENALTY INCREASES FOR TRAF- sessed, distributed, imported, or exported. be used by the Attorney General as the basis FICKING IN METHAMPHETAMINE. On page 2, strike out the items relating to for establishing the conditions under para- (a) DIRECTIVE TO THE UNITED STATES SEN- sections 301 and 302 and insert the following: graph (1)(A)(ii) of this subsection, with re- TENCING COMMISSION.—Pursuant to its au- Sec. 301. Penalty increases for trafficking in spect to pseudoephedrine, and paragraph thority under section 994 of title 28, United methamphetamine. (2)(A)(ii) of this subsection, with respect to States Code, the United States Sentencing Sec. 302. Enhanced penalties for offenses in- phenylpropanolamine. Commission shall review and amend its volving certain listed chemi- (B) CONSIDERATIONS AND REPORT.—The At- guidelines and its policy statements to pro- cals. torney General shall— vide for increased penalties for unlawful Mr. MCCAIN. I ask unanimous con- (i) in establishing a finding under para- manufacturing, importing, exporting, and sent that the amendments be consid- graph (1)(A)(ii) or (2)(A)(ii) of this sub- trafficking of methamphetamine, and other similar offenses, including unlawful posses- ered read, and agreed to, the bill be section, consult with the Secretary of Health deemed read a third time, passed, the and Human Services in order to consider the sion with intent to commit any of those of- effects on public health that would occur fenses, and attempt and conspiracy to com- motion to reconsider be laid upon the from the establishment of new single trans- mit any of those offenses. The Commission table, and that any statements relating action limits as provided in such paragraph; shall submit to Congress explanations there- to the bill be placed at the appropriate and for and any additional policy recommenda- place in the RECORD. (ii) upon establishing a finding, transmit a tions for combating methamphetamine of- The PRESIDING OFFICER. Without report to the Committees on the Judiciary in fenses. objection, it is so ordered. both, respectively, the House of Representa- (b) IN GENERAL.—In carrying out this sec- The amendments (Nos. 5365 and 5366) tives and the Senate in which the Attorney tion, the Commission shall ensure that the en bloc were agreed to. General will provide the factual basis for es- sentencing guidelines and policy statements The bill (S. 1965), as amended, was tablishing the new single transaction limits. for offenders convicted of offenses described in subsection (a) and any recommendations deemed read a third time and passed. On page 29, between lines 14 and 15, insert (The text of the bill will be printed in the following: submitted under such subsection reflect the (f) COMBINATION EPHEDRINE PRODUCTS.— heinous nature of such offenses, the need for a future edition of the RECORD.) (1) IN GENERAL.—For the purposes of this aggressive law enforcement action to fight Mr. GRASSLEY. Mr. President, section, combination ephedrine products such offenses, and the extreme dangers asso- today I am pleased to say that S. 1965— shall be treated the same as pseudoephedrine ciated with unlawful activity involving what we call the meth bill—has finally products, except that— methamphetamine, including— passed. I want to thank all Members (A) a single transaction limit of 24 grams (1) the rapidly growing incidence of meth- for letting this important piece of leg- shall be effective as of the date of enactment amphetamine abuse and the threat to public islation get through the Senate. of this Act and shall apply to sales of all safety such abuse poses; S. 1965, a bipartisan bill, takes aim at combination ephedrine products, notwith- (2) the high risk of methamphetamine ad- a rapidly growing problem in America standing the form in which those products diction; are packaged, made by retail distributors or (3) the increased risk of violence associated and in Iowa—the abuse of methamphet- distributors required to submit a report with methamphetamine trafficking and amine, known on the street as ‘‘meth’’ under section 310(b)(3) of the Controlled Sub- abuse; and or ‘‘crank.’’ stances Act (as added by section 402 of this (4) the recent increase in the illegal impor- I am from Iowa—a rural state which Act); tation of methamphetamine and precursor most people do not associate with (B) for regulated transactions for combina- chemicals. rampant crime or drug use. But in Iowa tion ephedrine products other than sales de- SEC. 302. ENHANCED PENALTIES FOR OFFENSES today, meth use has increased dramati- scribed in subparagraph (A), the transaction INVOLVING CERTAIN LISTED CHEMI- cally. According to a report prepared CALS. limit shall be— by the Governor’s Alliance on Sub- (i) 1 kilogram of ephedrine base, effective (a) CONTROLLED SUBSTANCES ACT.—Section on the date of enactment of this Act; or 401(d) of the Controlled Substances Act (21 stance Abuse, seizures of meth in Des (ii) a threshold other than the threshold U.S.C. 841(d)) is amended by striking ‘‘not Moines increased an astounding 4,000 described in clause (i), if established by the more than 10 years,’’ and inserting ‘‘not percent from 1993 to 1994. I repeat: Attorney General not earlier than 1 year more than 20 years in the case of a violation meth seizures in Des Moines increased after the date of enactment of this Act; and of paragraph (1) or (2) involving a list I by 4,000 percent. The increase state- (C) the penalties provided in subsection chemical or not more than 10 years in the wide was 400 percent. (d)(1)(B) of this section shall take effect on case of a violation of this subsection other These numbers are scary, Mr. Presi- the date of enactment of this Act for any in- than a violation of paragraph (1) or (2) in- dent. dividual or business that violates the single volving a list I chemical,’’. And according to the Iowa Depart- (b) CONTROLLED SUBSTANCE IMPORT AND EX- transaction limit of 24 grams for combina- ment of Public Health, 7.3 percent of tion ephedrine products. PORT ACT.—Section 1010(d) of the Controlled (2) DEFINITION.—For the purposes of this Substance Import and Export Act (21 U.S.C. Iowans seeking help from substance section, the term ‘‘combination ephedrine 960(d)) is amended by striking ‘‘not more abuse treatment centers in 1995 cited product’’ means a drug product containing than 10 years,’’ and inserting ‘‘not more than meth as their primary addiction. ephedrine or its salts, optical isomers, or 20 years in the case of a violation of para- That’s up over 5 percent from 1994, salts of optical isomers and therapeutically graph (1) or (3) involving a list I chemical or when only 2.2 percent cited meth as significant quantities of another active me- not more than 10 years in the case of a viola- their primary addition. dicinal ingredient. tion of this subsection other than a violation Why has meth become such a prob- of paragraph (1) or (3) involving a list I On page 29, line 15, strike ‘‘(f)’’ and insert lem? I don’t think anyone knows de- ‘‘(g)’’. chemical,’’. On page 29, line 17, strike all beginning (c) SENTENCING GUIDELINES.— finitively, but experts have been able with ‘‘over-the-counter’’ through line 20 and (1) IN GENERAL.—The United States Sen- to identify some of the reasons. insert ‘‘pseudoephedrine or phenylpropanola- tencing Commission shall, in accordance Meth is cheap. A meth high lasts for mine product prior to 12 months after the with the procedures set forth in section 21(a) a very, very long time, so you get more

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10723 for your money. And perhaps most dis- powder cocaine. Let’s not get that mission on Protecting and Reducing Govern- turbingly, meth does not have the stig- close to the edge again. I’m proud that ment Secrecy. ma associated with cocaine and crack. the Senate today has stood up to the The PRESIDING OFFICER. Is there Kids know that crack is dangerous. But chemical companies, stood up to the objection to the immediate consider- they haven’t yet learned that meth is. drug dealers and passed this crucial ation of the concurrent resolution? In Waterloo, Iowa, though, people are piece of legislation. There being no objection, the Senate proceeded to consider the concurrent beginning to learn this sad and painful f lesson. According to the New York resolution. Times, a 17-year-old Iowan who had AUTHORIZING THE CAPITOL GUIDE Mr. MCCAIN. Mr. President, I ask been a good boy, descended into meth SERVICE TO ACCEPT VOL- unanimous consent that the resolution addiction. His behavior changed for the UNTARY SERVICES be agreed to, the motion to reconsider be laid upon the table, and that any worse. Last October, this young man Mr. MCCAIN. Mr. President, I ask statements relating to the resolution checked himself into the hospital be- unanimous consent that the Senate cause he believed that he had the flu. appear at this point in the RECORD. proceed to the consideration of S. 2085 The PRESIDING OFFICER. Without He died only days later because meth introduced earlier by Senators WARNER objection, it is so ordered. had so destroyed his immune system and FORD. The concurrent resolution (S. Con. that he developed a form of meningitis. The PRESIDING OFFICER. The Res. 67) was agreed to, as follows: I’ll never forget the words of this boy’s clerk will report. S. CON. RES. 67 mother: ‘‘He made some wrong deci- The legislative clerk read as follows: Resolved by the Senate (the House of Rep- sions and this drug sucked him away.’’ A bill (S. 2085) to authorize the Capitol resentatives concurring), That there shall be I wonder how many more young Ameri- Guide Service to accept voluntary services. printed as a Senate document the report of cans are going to be ‘‘sucked away’’ be- The PRESIDING OFFICER. Is there the Commission on Protecting and Reducing fore we get a handle on the meth prob- objection to the immediate consider- Government Secrecy. lem. SEC. 2. The document referred to in the ation of the bill? first section shall be— Mr. President, what America is fac- There being no objection, the Senate (1) published under the supervision of the ing today with the explosion in meth proceeded to consider the bill. Secretary of the Senate; and use is nothing short of an epidemic. Mr. MCCAIN. I ask unanimous con- (2) in such style, form, manner, and bind- Meth is cheap and easily manufactured sent that the bill be deemed read a ing as directed by the Joint Committee on from commonly available chemicals. Printing, after consultation with the Sec- third time and passed, the motion to retary of the Senate. Today, the Senate is striking at the reconsider be laid upon the table, and root of the problem: Chemical suppliers The document shall include illustrations. that any statements relating to the SEC. 3. In addition to the usual number of who sell chemicals to illegal meth labs. bill appear at this point in the RECORD. copies of the document, there shall be print- The harder it is for criminal chemists The PRESIDING OFFICER. Without ed the lesser of— to get the raw material to make meth, objection, it is so ordered. (1) 5,000 copies for the use of the Secretary the more difficult it will be to produce. of Senate; or The bill (S. 2085) was deemed read a (2) such number of copies as does not ex- This in turn will make it more expen- third time and passed, as follows: sive. And this will reduce consumption. ceed a total production and printing cost of S. 2085 $45,000. And that will help keep our kids alive a little longer. Be it enacted by the Senate and House of Rep- f resentatives of the United States of America in Importantly, this bill preserves the Congress assembled, DISAPPROVAL OF THE RULE SUB- flexibility of States to enact their own That section 441 of the Legislative Reorga- MITTED BY THE HEALTH CARE laws to deal with the manufacture of nization Act of 1970 (40 U.S.C. 851) is amend- FINANCING ADMINISTRATION meth. Some very powerful chemical ed by striking subsection (j) and inserting Mr. MCCAIN. Mr. President, I ask companies have tried to weaken this the following: unanimous consent that the Senate bill by preempting the States. I think ‘‘(j)(1) Notwithstanding section 1342 of title now proceed to the consideration of that is just wrong-headed and I am 31, United States Code, the Capitol Guide Senate Joint Resolution 60 introduced pleased that the Senate has rejected Service is authorized to accept voluntary personal services. earlier today by Senator LOTT. this effort. ‘‘(2) No person shall be permitted to donate The PRESIDING OFFICER. The Some of the chemical companies also personal services under this subsection un- clerk will report. tried to create so-called safe harbors so less the person has first agreed, in writing, The legislative clerk read as follows: large that enormous bulk purchases of to waive any claim against the United States A joint resolution (S.J. Res. 60) to dis- meth ingredients would never have to arising out of or in connection with such approve the rule submitted by the Health be reported to the DEA. That means services, other than a claim under chapter 81 Care Financing Administration on August 30 criminals could go to the corner drug- of title 5, United States Code. relating to hospital reimbursement under the Medicare program. store, purchase legal products like ‘‘(3) No person donating personal services pseudoephedrine in large quantities under this section shall be considered an em- The PRESIDING OFFICER. Is there ployee of the United States for any purpose objection to the immediate consider- and make poison with no one the wiser. other than for purposes of chapter 81 of title And then that poison is sold to our ation of the joint resolution? 5, United States Code. There being no objection, the Senate kids. ‘‘(4) In no case shall the acceptance of per- proceeded to consider the joint resolu- While the Senate has had to make sonal services under this section result in tion. some compromises I wouldn’t have the reduction of pay or displacement of any Mr. MCCAIN. Mr. President, I ask employee of the Capitol Guide Service.’’. wanted to make in a perfect world— unanimous consent that the joint reso- like the blister-pack exception for f lution be deemed not passed, the mo- pseudoephedrine—I think that this bill PRINTING OF THE REPORT OF THE tion to reconsider be laid upon the represents a major step forward. COMMISSION ON PROTECTING table, and that any statements relating This is a good, strong bill and I’m AND REDUCING GOVERNMENT to the joint resolution be printed in the proud that it has passed. SECRECY RECORD. Finally, Mr. President, I especially The PRESIDING OFFICER. Without want to take my hat off to Senator Mr. MCCAIN. Mr. President, I ask objection, it is so ordered. FEINSTEIN for her work on this bill. unanimous consent that the Rules The joint resolution (S.J. Res. 60) More than any other Senator, DIANNE Committee be discharged from S. Con. was deemed not passed. Res. 67 and that the Senate proceed to FEINSTEIN worked tirelessly to make f sure that we could get the strongest its immediate consideration. possible meth bill. I just want the The PRESIDING OFFICER. The CONDEMNING HUMAN RIGHTS American people to know what a tre- clerk will report. ABUSES AND DENIALS OF RELI- mendous job she’s done. The legislative clerk read as follows: GIOUS LIBERTY Mr. President, in the 1980’s, we al- A concurrent resolution (S. Con. Res. 67) to Mr. MCCAIN. Mr. President, I ask most lost a generation to crack and authorize printing of the report of the Com- unanimous consent that the Senate

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10724 CONGRESSIONAL RECORD — SENATE September 17, 1996 proceed to the immediate consider- those persecuted for their religious faith’’ SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR ation of Senate Concurrent Resolution and ‘‘to do what is in our power to the end THE THRIFT SAVINGS PLAN. 71, submitted earlier today by Senator that the government of the United States Section 8438 of title 5, United States Code, is will take appropriate action to combat the amended— NICKLES. intolerable religious persecution now victim- (1) in subsection (a)— The PRESIDING OFFICER. The izing fellow believers and those of other (A) by redesignating paragraphs (5) through clerk will report. faiths’’; (8) as paragraphs (6) through (9), respectively; The legislative clerk read as follows: Whereas the World Evangelical Fellowship (B) by inserting after paragraph (4) the fol- A concurrent resolution (S. Con. Res. 71) has declared September 29, 1996, and each an- lowing new paragraph: condemning human rights abuses and denials nual last Sunday in September, as an inter- ‘‘(5) the term ‘International Stock Index In- of religious liberty to Christians around the national day of prayer on behalf of per- vestment Fund’ means the International Stock world. secuted Christians. That day will be observed Index Investment Fund established under sub- by numerous churches and human rights section (b)(1)(E);’’; The PRESIDING OFFICER. Is there (C) in paragraph (8) (as redesignated by sub- objection to the immediate consider- groups around the world; Whereas the United States of America paragraph (A) of this paragraph) by striking ation of the concurrent resolution? since its founding has been a harbor of refuge out ‘‘and’’ at the end thereof; There being no objection, the Senate and freedom to worship for believers from (D) in paragraph (9) (as redesignated by sub- proceeded to consider the concurrent John Winthrop to Roger Williams to William paragraph (A) of this paragraph)— resolution. Penn, and a haven for the oppressed. To this (i) by striking out ‘‘paragraph (7)(D)’’ in each place it appears and inserting in each such Mr. MCCAIN. I ask unanimous con- day, the United States continues to guar- antee freedom of worship in this country for place ‘‘paragraph (8)(D)’’; and sent that the concurrent resolution be (ii) by striking out the period and inserting in people of all faiths; agreed to, the motion to reconsider be lieu thereof a semicolon and ‘‘and’’; and Whereas as a part of its commitment to laid upon the table, and that any state- (E) by adding at the end thereof the following human rights around the world, in the past new paragraph: ments relating to the resolution be the United States has used its international ‘‘(10) the term ‘Small Capitalization Stock placed at the appropriate place in the leadership to vigorously take up the case of Index Investment Fund’ means the Small Cap- RECORD. other persecuted religious minorities. Unfor- italization Stock Index Investment Fund estab- The PRESIDING OFFICER. Without tunately, the United States has in many in- lished under subsection (b)(1)(D).’’; and stances failed to raise forcefully the issue of objection, it is so ordered. (2) in subsection (b)— Without objection, the preamble is anti-Christian persecution at international (A) in paragraph (1)— agreed to. conventions and in bilateral relations with (i) in subparagraph (B) by striking out ‘‘and’’ The concurrent resolution (S. Con. offending countries; now, therefore, be it at the end thereof; Res. 71) was agreed to. Resolved, That the Senate, the House of (ii) in subparagraph (C) by striking out the Representatives concurring— The preamble was agreed to. period and inserting in lieu thereof a semicolon; (1) unequivocally condemns the egregious and The concurrent resolution, with its human rights abuses and denials of religious preamble, is as follows: (iii) by adding at the end thereof the following liberty to Christians around the world, and new subparagraphs: S. CON. RES. 71 calls upon the responsible regimes to cease ‘‘(D) a Small Capitalization Stock Index In- Whereas oppression and persecution of reli- such abuses; and vestment Fund as provided in paragraph (3); gious minorities around the world has (2) strongly recommends that the Presi- and emerged as one of the most compelling dent expand and invigorate the United ‘‘(E) an International Stock Index Investment human rights issues of the day. In par- States’ international advocacy on behalf of Fund as provided in paragraph (4).’’; and ticular, the worldwide persecution and mar- persecuted Christians, and initiate a thor- (B) by adding at the end thereof the following tyrdom of Christians persists at alarming ough examination of all United States’ poli- new paragraphs: levels. This is an affront to the international cies that affect persecuted Christians; and ‘‘(3)(A) The Board shall select an index which moral community and to all people of con- (3) encourages the President to proceed for- is a commonly recognized index comprised of science. ward as expeditiously as possible in appoint- common stock the aggregate market value of Whereas in many places throughout the ing a White House Special Advisor on reli- which represents the United States equity mar- world, Christians are restricted in or forbid- gious persecution; and kets excluding the common stocks included in den from practicing their faith, victimized (4) recognizes and applauds a day of prayer the Common Stock Index Investment Fund. by a ‘‘religious apartheid’’ that subjects on Sunday, September 29, 1996, recognizing ‘‘(B) The Small Capitalization Stock Index In- them to inhumane, humiliating treatment, the plight of persecuted Christians world- vestment Fund shall be invested in a portfolio and in certain cases are imprisoned, tor- wide. designed to replicate the performance of the tured, enslaved, or killed; f index in subparagraph (A). The portfolio shall Whereas severe persecution of Christians is be designed such that, to the extent practicable, also occurring in such countries as Sudan, THRIFT SAVINGS INVESTMENT the percentage of the Small Capitalization Stock Cuba, Morocco, Saudi Arabia, China, Paki- FUNDS ACT OF 1996 Index Investment Fund that is invested in each stan, North Korea, Egypt, Laos, Vietnam, stock is the same as the percentage determined and certain countries in the former Soviet Mr. MCCAIN. Mr. President, I ask by dividing the aggregate market value of all Union, to name merely a few; unanimous consent that the Senate shares of that stock by the aggregate market Whereas religious liberty is a universal proceed to the immediate consider- value of all shares of all stocks included in such right explicitly recognized in numerous ation of Calendar No. 412, S. 1080. index. international agreements, including the Uni- The PRESIDING OFFICER. The ‘‘(4)(A) The Board shall select an index which is a commonly recognized index comprised of versal Declaration of Human Rights and the clerk will report. International Covenant on Civil and Polit- stock the aggregate market value of which is a ical Rights; The legislative clerk read as follows: reasonably complete representation of the inter- Whereas Pope John Paul II recently sound- A bill (S. 1080) to amend Chapter 84 of Title national equity markets excluding the United ed a call against regimes that ‘‘practice dis- 5, United States Code, to provide additional States equity markets. crimination against Jews, Christians, and investment funds for the Thrift Savings ‘‘(B) The International Stock Index Invest- other religious groups, going even so far as Plan. ment Fund shall be invested in a portfolio de- to refuse them the right to meet in private The PRESIDING OFFICER. Is there signed to replicate the performance of the index for prayer,’’ declaring that ‘‘this is an intol- objection to the immediate consider- in subparagraph (A). The portfolio shall be de- signed such that, to the extent practicable, the erable and unjustifiable violation not only of ation of the bill? all the norms of current international law, percentage of the International Stock Index In- but of the most fundamental human free- There being no objection, the Senate vestment Fund that is invested in each stock is dom, that of practicing one’s faith openly,’’ proceeded to consider the bill which the same as the percentage determined by divid- stating that this is for human beings ‘‘their had been reported from the Committee ing the aggregate market value of all shares of reason for living’’; on Governmental Affairs, with an that stock by the aggregate market value of all Whereas the National Association of amendment to strike all after the en- shares of all stocks included in such index.’’. Evangelicals in January 1996 issued a ‘‘State- acting clause and inserting in lieu SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT ment of Conscience and Call to Action,’’ sub- thereof the following: RISK. sequently commended or endorsed by the Section 8439(d) of title 5, United States Code, Southern Baptist Convention, the Executive TITLE I—ADDITIONAL INVESTMENT is amended by striking out ‘‘Each employee, Council of the Episcopal Church, and the FUNDS FOR THE THRIFT SAVINGS PLAN Member, former employee, or former Member General Assembly of the Presbyterian SEC. 101. SHORT TITLE. who elects to invest in the Common Stock Index Church, U.S.A. They pledged to end their This title may be cited as the ‘‘Thrift Savings Investment Fund or the Fixed Income Invest- ‘‘silence in the face of the suffering of all Investment Funds Act of 1996’’. ment Fund described in paragraphs (1) and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10725 (3),’’ and inserting in lieu thereof ‘‘Each em- ‘‘(3) The Executive Director shall make each (1) in subsection (a)(1)(A)— ployee, Member, former employee, or former transfer elected under paragraph (2) directly to (A) by striking out ‘‘may make an election Member who elects to invest in the Common an eligible retirement plan or plans (as defined under subsection (b)(3) or (b)(4) of section 8433 Stock Index Investment Fund, the Fixed Income in section 402(c)(8) of the Internal Revenue Code of this title or change an election previously Investment Fund, the International Stock Index of 1986) identified by the employee, Member, made under subsection (b)(1) or (b)(2) of such Investment Fund, or the Small Capitalization former employee, or former Member for whom section’’ and inserting in lieu thereof ‘‘may Stock Index Investment Fund, defined in para- the transfer is made. withdraw all or part of a Thrift Savings Fund graphs (1), (3), (5), and (10),’’. ‘‘(4) A transfer may not be made for an em- account under subsection (b) (2), (3), or (4) of SEC. 104. EFFECTIVE DATE. ployee, Member, former employee, or former section 8433 of this title or change a withdrawal This title shall take effect on the date of en- Member under paragraph (2) until the Executive election’’; and actment of this Act, and the Funds established Director receives from that individual the infor- (B) by adding at the end thereof ‘‘A married under this title shall be offered for investment at mation required by the Executive Director spe- employee or Member (or former employee or the earliest practicable election period (described cifically to identify the eligible retirement plan Member) may make a withdrawal from a Thrift in section 8432(b) of title 5, United States Code) or plans to which the transfer is to be made.’’; Savings Fund account under subsection (c)(1) of (2) in subsection (d)— section 8433 of this title only if the employee or as determined by the Executive Director in regu- (A) in paragraph (1) by striking out ‘‘Subject lations. Member (or former employee or Member) satis- to paragraph (3)(A)’’ and inserting in lieu there- fies the requirements of subparagraph (B).’’; TITLE II—THRIFT SAVINGS ACCOUNTS of ‘‘Subject to paragraph (3)’’; (2) in subsection (c)— LIQUIDITY (B) by striking out paragraph (2) and redesig- (A) in paragraph (1)— nating paragraph (3) as paragraph (2); and SEC. 201. SHORT TITLE. (i) by striking out ‘‘An election, change of (C) in paragraph (2) (as redesignated under This title may be cited as the ‘‘Thrift Savings election, or modification of the commencement Plan Act of 1996’’. subparagraph (B) of this paragraph)— (i) in subparagraph (A) by striking out ‘‘(A)’’; date of a deferred annuity’’ and inserting in SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE and lieu thereof ‘‘An election or change of election’’; WITHDRAWALS; DE MINIMUS AC- (ii) by striking out subparagraph (B); and COUNTS; CIVIL SERVICE RETIRE- (ii) by striking out ‘‘modification, or transfer’’ MENT SYSTEM PARTICIPANTS. (3) in subsection (f)(1)— (A) by striking out ‘‘$3,500 or less’’ and insert- and inserting in lieu thereof ‘‘or transfer’’; and Section 8351(b) of title 5, United States Code, ing in lieu thereof ‘‘less than an amount that (B) in paragraph (2) in the matter following is amended— the Executive Director prescribes by regulation; subparagraph (B)(ii) by striking out ‘‘modifica- (1) in paragraph (5)— and tion,’’; (A) in subparagraph (B)— (B) by striking out ‘‘unless the employee or (3) in subsection (e)— (i) by striking out ‘‘An election, change of Member elects, at such time and otherwise in (A) in paragraph (1)— election, or modification (relating to the com- such manner as the Executive Director pre- (i) in subparagraph (A)— mencement date of a deferred annuity)’’ and in- scribes, one of the options available under sub- (I) by inserting ‘‘or withdrawal’’ after ‘‘A serting in lieu thereof ‘‘An election or change of section (b), or’’ and inserting a comma; loan’’; election’’; (4) in subsection (f)(2)— (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; (ii) by inserting ‘‘or withdrawal’’ after ‘‘and a (A) by striking out ‘‘February 1’’ and insert- and loan’’; ing in lieu thereof ‘‘April 1’’; (III) by inserting ‘‘or withdrawal’’ after ‘‘such (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; (B) in subparagraph (A)— (iv) by striking out ‘‘the election, change of loan’’; (i) by striking out ‘‘65’’ and inserting in lieu (ii) in subparagraph (B) by inserting ‘‘or election, or modification’’ and inserting in lieu 1 thereof ‘‘70 ⁄2’’; and withdrawal’’ after ‘‘loan’’; and thereof ‘‘the election or change of election’’; and (ii) by inserting ‘‘or’’ after the semicolon; (iii) in subparagraph (C)— (v) by inserting ‘‘or withdrawal’’ after ‘‘for (C) by striking out subparagraph (B); and (I) by inserting ‘‘or withdrawal’’ after ‘‘to a such loan’’; and (D) by redesignating subparagraph (C) as sub- (B) in subparagraph (D)— paragraph (B); loan’’; and (i) by inserting ‘‘or withdrawals’’ after ‘‘of (5) in subsection (g)— (II) by inserting ‘‘or withdrawal’’ after ‘‘for loans’’; and (A) in paragraph (1) by striking out ‘‘after such loan’’; and (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; and December 31, 1987, and’’; and (B) in paragraph (2)— (2) in paragraph (6)— (B) by striking out paragraph (2) and redesig- (i) by inserting ‘‘or withdrawal’’ after ‘‘loan’’; (A) by striking out ‘‘$3,500 or less’’ and insert- nating paragraphs (3) through (5) as para- and ing in lieu thereof ‘‘less than an amount that graphs (2) through (4), respectively; and (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; the Executive Director prescribes by regula- (6) by adding after subsection (g) the fol- and tion’’; and lowing new subsection: (4) in subsection (g)— (B) by striking out ‘‘unless the employee or ‘‘(h)(1) An employee or Member may apply, (A) by inserting ‘‘or withdrawals’’ after Member elects, at such time and otherwise in before separation, to the Board for permission to ‘‘loans’’; and such manner as the Executive Director pre- withdraw an amount from the employee’s or (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. scribes, one of the options available under sub- Member’s account based upon— SEC. 205. DE MINIMUS ACCOUNTS RELATING TO ‘‘(A) the employee or Member having attained THE JUDICIARY. section (b)’’. 1 age 59 ⁄2; or (a) JUSTICES AND JUDGES.—Section 8440a(b)(7) SEC. 203. IN-SERVICE WITHDRAWALS; WITH- ‘‘(B) financial hardship. DRAWAL ELECTIONS, FEDERAL EM- of title 5, United States Code, is amended— ‘‘(2) A withdrawal under paragraph (1)(A) (1) by striking out ‘‘$3,500 or less’’ and insert- PLOYEES RETIREMENT SYSTEM PAR- shall be available to each eligible participant TICIPANTS. ing in lieu thereof ‘‘less than an amount that one time only. (a) IN GENERAL.—Section 8433 of title 5, the Executive Director prescribes by regula- ‘‘(3) A withdrawal under paragraph (1)(B) United States Code, is amended— tion’’; and shall be available only for an amount not ex- (1) by striking out subsections (b) and (c) and (2) by striking out ‘‘unless the justice or judge ceeding the value of that portion of such ac- inserting in lieu thereof the following: elects, at such time and otherwise in such man- count which is attributable to contributions ‘‘(b) Subject to section 8435 of this title, any ner as the Executive Director prescribes, one of made by the employee or Member under section employee or Member who separates from Gov- the options available under section 8433(b)’’. 8432(a) of this title. (b) BANKRUPTCY JUDGES AND MAGISTRATES.— ernment employment is entitled and may elect to ‘‘(4) Withdrawals under paragraph (1) shall Section 8440b(b) of title 5, United States Code, is withdraw from the Thrift Savings Fund the bal- be subject to such other conditions as the Execu- amended— ance of the employee’s or Member’s account as— tive Director may prescribe by regulation. ‘‘(1) an annuity; ‘‘(5) A withdrawal may not be made under (1) in paragraph (7) in the first sentence by ‘‘(2) a single payment; this subsection unless the requirements of sec- inserting ‘‘of the distribution’’ after ‘‘equal to ‘‘(3) 2 or more substantially equal payments to tion 8435(e) of this title are satisfied.’’. the amount’’; and be made not less frequently than annually; or (b) INVALIDITY OF CERTAIN PRIOR ELEC- (2) in paragraph (8)— ‘‘(4) any combination of payments as provided TIONS.—Any election made under section (A) by striking out ‘‘$3,500 or less’’ and insert- under paragraphs (1) through (3) as the Execu- 8433(b)(2) of title 5, United States Code (as in ef- ing in lieu thereof ‘‘less than an amount that tive Director may prescribe by regulation. fect before the effective date of this title), with the Executive Director prescribes by regula- ‘‘(c)(1) In addition to the right provided under respect to an annuity which has not commenced tion’’; and subsection (b) to withdraw the balance of the before the implementation date of this title as (B) by striking out ‘‘unless the bankruptcy account, an employee or Member who separates provided by regulation by the Executive Director judge or magistrate elects, at such time and oth- from Government service and who has not made in accordance with section 207 of this title, shall erwise in such manner as the Executive Director a withdrawal under subsection (h)(1)(A) may be invalid. prescribes, one of the options available under make one withdrawal of any amount as a single subsection (b)’’. SEC. 204. SURVIVOR ANNUITIES FOR FORMER payment in accordance with subsection (b)(2) SPOUSES; NOTICE TO FEDERAL EM- (c) FEDERAL CLAIMS JUDGES.—Section 8440c(b) from the employee’s or Member’s account. PLOYEES RETIREMENT SYSTEM of title 5, United States Code, is amended— ‘‘(2) An employee or Member may request that SPOUSES FOR IN-SERVICE WITH- (1) in paragraph (7) in the first sentence by the amount withdrawn from the Thrift Savings DRAWALS. inserting ‘‘of the distribution’’ after ‘‘equal to Fund in accordance with subsection (b)(2) be Section 8435 of title 5, United States Code, is the amount’’; and transferred to an eligible retirement plan. amended— (2) in paragraph (8)—

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10726 CONGRESSIONAL RECORD — SENATE September 17, 1996 (A) by striking out ‘‘$3,500 or less’’ and insert- S. 1080 national Stock Index Investment Fund that ing in lieu thereof ‘‘less than an amount that Be it enacted by the Senate and House of Rep- is invested in each stock is the same as the the Executive Director prescribes by regula- resentatives of the United States of America in percentage determined by dividing the ag- tion’’; and Congress assembled, gregate market value of all shares of that (B) by striking out ‘‘unless the judge elects, at TITLE I—ADDITIONAL INVESTMENT stock by the aggregate market value of all such time and otherwise in such manner as the FUNDS FOR THE THRIFT SAVINGS PLAN shares of all stocks included in such index.’’. Executive Director prescribes, one of the options SEC. 101. SHORT TITLE. SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT available under section 8433(b)’’. This title may be cited as the ‘‘Thrift Sav- RISK. SEC. 206. DEFINITION OF BASIC PAY. ings Investment Funds Act of 1996’’. Section 8439(d) of title 5, United States (a) IN GENERAL.—(1) Section 8401(4) of title 5, Code, is amended by striking out ‘‘Each em- SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR United States Code, is amended by striking out THE THRIFT SAVINGS PLAN. ployee, Member, former employee, or former ‘‘except as provided in subchapter III of this Section 8438 of title 5, United States Code, Member who elects to invest in the Common chapter,’’. is amended— Stock Index Investment Fund or the Fixed (2) Section 8431 of title 5, United States Code, (1) in subsection (a)— Income Investment Fund described in para- is repealed. (A) by redesignating paragraphs (5) graphs (1) and (3),’’ and inserting in lieu (b) TECHNICAL AND CONFORMING AMEND- through (8) as paragraphs (6) through (9), re- thereof ‘‘Each employee, Member, former MENTS.—(1) The table of sections for chapter 84 spectively; employee, or former Member who elects to of title 5, United States Code, is amended by (B) by inserting after paragraph (4) the fol- invest in the Common Stock Index Invest- striking out the item relating to section 8431. lowing new paragraph: ment Fund, the Fixed Income Investment (2) Section 5545a(h)(2)(A) of title 5, United ‘‘(5) the term ‘International Stock Index Fund, the International Stock Index Invest- States Code, is amended by striking out ‘‘8431,’’. Investment Fund’ means the International ment Fund, or the Small Capitalization (3) Section 615(f) of the Treasury, Postal Serv- Stock Index Investment Fund established Stock Index Investment Fund, defined in ice, and General Government Appropriations under subsection (b)(1)(E);’’; paragraphs (1), (3), (5), and (10),’’. Act, 1996 (Public Law 104–52; 109 Stat. 500; 5 (C) in paragraph (8) (as redesignated by SEC. 104. EFFECTIVE DATE. U.S.C. 5343 note) is amended by striking out subparagraph (A) of this paragraph) by strik- This title shall take effect on the date of ‘‘section 8431 of title 5, United States Code,’’. ing out ‘‘and’’ at the end thereof; enactment of this Act, and the Funds estab- SEC. 207. EFFECTIVE DATE. (D) in paragraph (9) (as redesignated by lished under this title shall be offered for in- This title shall take effect on the date of the subparagraph (A) of this paragraph)— vestment at the earliest practicable election enactment of this Act and withdrawals and elec- (i) by striking out ‘‘paragraph (7)(D)’’ in period (described in section 8432(b) of title 5, tions as provided under the amendments made each place it appears and inserting in each United States Code) as determined by the by this title shall be made at the earliest prac- such place ‘‘paragraph (8)(D)’’; and Executive Director in regulations. ticable date as determined by the Executive Di- (ii) by striking out the period and inserting rector in regulations. TITLE II—THRIFT SAVINGS ACCOUNTS in lieu thereof a semicolon and ‘‘and’’; and LIQUIDITY AMENDMENT NO. 5367 (E) by adding at the end thereof the fol- SEC. 201. SHORT TITLE. Mr. MCCAIN. I understand that there lowing new paragraph: This title may be cited as the ‘‘Thrift Sav- is an amendment submitted by Sen- ‘‘(10) the term ‘Small Capitalization Stock ings Plan Act of 1996’’. ators KERREY and PRYOR, and I ask for Index Investment Fund’ means the Small Capitalization Stock Index Investment Fund SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE its immediate consideration. WITHDRAWALS; DE MINIMUS AC- The PRESIDING OFFICER. The established under subsection (b)(1)(D).’’; and COUNTS; CIVIL SERVICE RETIRE- clerk will report. (2) in subsection (b)— MENT SYSTEM PARTICIPANTS. (A) in paragraph (1)— The legislative clerk read as follows: Section 8351(b) of title 5, United States (i) in subparagraph (B) by striking out Code, is amended— The Senator from Arizona [Mr. MCCAIN], ‘‘and’’ at the end thereof; (1) in paragraph (5)— for Mr. KERREY, for himself and Mr. PRYOR, (ii) in subparagraph (C) by striking out the (A) in subparagraph (B)— proposes an amendment numbered 5367. period and inserting in lieu thereof a semi- (i) by striking out ‘‘An election, change of Mr. FORD. Mr. President, I ask unan- colon; and election, or modification (relating to the imous consent that reading of the (iii) by adding at the end thereof the fol- commencement date of a deferred annuity)’’ amendment be dispensed with. lowing new subparagraphs: and inserting in lieu thereof ‘‘An election or The PRESIDING OFFICER. Without ‘‘(D) a Small Capitalization Stock Index change of election’’; objection, it is so ordered. Investment Fund as provided in paragraph (ii) by inserting ‘‘or withdrawal’’ after (3); and The amendment is as follows: ‘‘and a loan’’; ‘‘(E) an International Stock Index Invest- (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; On page 15, line 2 of the bill, change the ‘‘;’’ ment Fund as provided in paragraph (4).’’; (iv) by striking out ‘‘the election, change to an ‘‘,’’ and add the following: ‘‘and by add- and of election, or modification’’ and inserting in ing at the end of the paragraph the following (B) by adding at the end thereof the fol- lieu thereof ‘‘the election or change of elec- sentence: lowing new paragraphs: tion’’; and ‘‘ ‘Before a loan is issued, the Executive Di- ‘‘(3)(A) The Board shall select an index (v) by inserting ‘‘or withdrawal’’ after ‘‘for rector shall provide in writing the employee which is a commonly recognized index com- such loan’’; and or Member with appropriate information prised of common stock the aggregate mar- (B) in subparagraph (D)— concerning the cost of the loan relative to ket value of which represents the United (i) by inserting ‘‘or withdrawals’’ after ‘‘of other sources of financing, as well as the life- States equity markets excluding the com- loans’’; and time cost of the loan, including the dif- mon stocks included in the Common Stock (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; ference in interest rates between the funds Index Investment Fund. and offered by the Thrift Savings Fund, and any ‘‘(B) The Small Capitalization Stock Index (2) in paragraph (6)— other effect of such loan on the employee’s Investment Fund shall be invested in a port- (A) by striking out ‘‘$3,500 or less’’ and in- or Members’s final account balance.’’’ folio designed to replicate the performance serting in lieu thereof ‘‘less than an amount Mr. MCCAIN. I ask unanimous con- of the index in subparagraph (A). The port- that the Executive Director prescribes by sent that the amendment be agreed to, folio shall be designed such that, to the ex- regulation’’; and the committee amendment, as amend- tent practicable, the percentage of the Small (B) by striking out ‘‘unless the employee ed, be agreed to, the bill then be Capitalization Stock Index Investment Fund or Member elects, at such time and other- deemed read a third time, passed, the that is invested in each stock is the same as wise in such manner as the Executive Direc- the percentage determined by dividing the tor prescribes, one of the options available amendment to the title be agreed to, aggregate market value of all shares of that the motion to reconsider be laid upon under subsection (b)’’. stock by the aggregate market value of all SEC. 203. IN-SERVICE WITHDRAWALS; WITH- the table, and that any statements re- shares of all stocks included in such index. DRAWAL ELECTIONS, FEDERAL EM- lating to the bill be placed at appro- ‘‘(4)(A) The Board shall select an index PLOYEES RETIREMENT SYSTEM PAR- priate place in the RECORD. which is a commonly recognized index com- TICIPANTS. The PRESIDING OFFICER. Without prised of stock the aggregate market value (a) IN GENERAL.—Section 8433 of title 5, objection, it is so ordered. of which is a reasonably complete represen- United States Code, is amended— The amendment (No. 5367) was agreed tation of the international equity markets (1) by striking out subsections (b) and (c) to. excluding the United States equity markets. and inserting in lieu thereof the following: ‘‘(B) The International Stock Index Invest- ‘‘(b) Subject to section 8435 of this title, The committee amendment in the ment Fund shall be invested in a portfolio any employee or Member who separates from nature of a substitute, as amended, was designed to replicate the performance of the Government employment is entitled and agreed to. index in subparagraph (A). The portfolio may elect to withdraw from the Thrift Sav- The bill was deemed read the third shall be designed such that, to the extent ings Fund the balance of the employee’s or time, and passed, as follows: practicable, the percentage of the Inter- Member’s account as—

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10727 ‘‘(1) an annuity; ‘‘(h)(1) An employee or Member may apply, (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; ‘‘(2) a single payment; before separation, to the Board for permis- and ‘‘(3) 2 or more substantially equal pay- sion to withdraw an amount from the em- (4) in subsection (g)— ments to be made not less frequently than ployee’s or Member’s account based upon— (A) by inserting ‘‘or withdrawals’’ after annually; or ‘‘(A) the employee or Member having at- ‘‘loans’’; and ‘‘(4) any combination of payments as pro- tained age 591⁄2; or (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. vided under paragraphs (1) through (3) as the ‘‘(B) financial hardship. SEC. 205. DE MINIMUS ACCOUNTS RELATING TO Executive Director may prescribe by regula- ‘‘(2) A withdrawal under paragraph (1)(A) THE JUDICIARY. tion. shall be available to each eligible participant (a) JUSTICES AND JUDGES.—Section ‘‘(c)(1) In addition to the right provided one time only. 8440a(b)(7) of title 5, United States Code, is under subsection (b) to withdraw the balance ‘‘(3) A withdrawal under paragraph (1)(B) amended— of the account, an employee or Member who shall be available only for an amount not ex- (1) by striking out ‘‘$3,500 or less’’ and in- separates from Government service and who ceeding the value of that portion of such ac- serting in lieu thereof ‘‘less than an amount has not made a withdrawal under subsection count which is attributable to contributions that the Executive Director prescribes by made by the employee or Member under sec- (h)(1)(A) may make one withdrawal of any regulation’’; and tion 8432(a) of this title. amount as a single payment in accordance (2) by striking out ‘‘unless the justice or with subsection (b)(2) from the employee’s or ‘‘(4) Withdrawals under paragraph (1) shall be subject to such other conditions as the judge elects, at such time and otherwise in Member’s account. such manner as the Executive Director pre- ‘‘(2) An employee or Member may request Executive Director may prescribe by regula- scribes, one of the options available under that the amount withdrawn from the Thrift tion. section 8433(b)’’. Savings Fund in accordance with subsection ‘‘(5) A withdrawal may not be made under (b) BANKRUPTCY JUDGES AND MAG- (b)(2) be transferred to an eligible retirement this subsection unless the requirements of ISTRATES.—Section 8440b(b) of title 5, United plan. section 8435(e) of this title are satisfied.’’. ‘‘(3) The Executive Director shall make (b) INVALIDITY OF CERTAIN PRIOR ELEC- States Code, is amended— each transfer elected under paragraph (2) di- TIONS.—Any election made under section (1) in paragraph (7) in the first sentence by rectly to an eligible retirement plan or plans 8433(b)(2) of title 5, United States Code (as in inserting ‘‘of the distribution’’ after ‘‘equal (as defined in section 402(c)(8) of the Internal effect before the effective date of this title), to the amount’’; and Revenue Code of 1986) identified by the em- with respect to an annuity which has not (2) in paragraph (8)— ployee, Member, former employee, or former commenced before the implementation date (A) by striking out ‘‘$3,500 or less’’ and in- Member for whom the transfer is made. of this title as provided by regulation by the serting in lieu thereof ‘‘less than an amount ‘‘(4) A transfer may not be made for an em- Executive Director in accordance with sec- that the Executive Director prescribes by ployee, Member, former employee, or former tion 207 of this title, shall be invalid. regulation’’; and Member under paragraph (2) until the Execu- SEC. 204. SURVIVOR ANNUITIES FOR FORMER (B) by striking out ‘‘unless the bankruptcy tive Director receives from that individual SPOUSES; NOTICE TO FEDERAL EM- judge or magistrate elects, at such time and the information required by the Executive PLOYEES RETIREMENT SYSTEM otherwise in such manner as the Executive Director specifically to identify the eligible SPOUSES FOR IN-SERVICE WITH- Director prescribes, one of the options avail- DRAWALS. retirement plan or plans to which the trans- able under subsection (b)’’. Section 8435 of title 5, United States Code, fer is to be made.’’; (c) FEDERAL CLAIMS JUDGES.—Section is amended— (2) in subsection (d)— 8440c(b) of title 5, United States Code, is (1) in subsection (a)(1)(A)— (A) in paragraph (1) by striking out ‘‘Sub- amended— (A) by striking out ‘‘may make an election ject to paragraph (3)(A)’’ and inserting in (1) in paragraph (7) in the first sentence by under subsection (b)(3) or (b)(4) of section lieu thereof ‘‘Subject to paragraph (3)’’; inserting ‘‘of the distribution’’ after ‘‘equal 8433 of this title or change an election pre- (B) by striking out paragraph (2) and redes- to the amount’’; and viously made under subsection (b)(1) or (b)(2) ignating paragraph (3) as paragraph (2); and (2) in paragraph (8)— of such section’’ and inserting in lieu thereof (C) in paragraph (2) (as redesignated under (A) by striking out ‘‘$3,500 or less’’ and in- ‘‘may withdraw all or part of a Thrift Sav- subparagraph (B) of this paragraph)— ings Fund account under subsection (b) (2), serting in lieu thereof ‘‘less than an amount (i) in subparagraph (A) by striking out (3), or (4) of section 8433 of this title or that the Executive Director prescribes by ‘‘(A)’’; and change a withdrawal election’’; and regulation’’; and (ii) by striking out subparagraph (B); (B) by adding at the end thereof ‘‘A mar- (B) by striking out ‘‘unless the judge (3) in subsection (f)(1)— ried employee or Member (or former em- elects, at such time and otherwise in such (A) by striking out ‘‘$3,500 or less’’ and in- ployee or Member) may make a withdrawal manner as the Executive Director prescribes, serting in lieu thereof ‘‘less than an amount from a Thrift Savings Fund account under one of the options available under section that the Executive Director prescribes by 8433(b)’’. regulation; and subsection (c)(1) of section 8433 of this title only if the employee or Member (or former SEC. 206. DEFINITION OF BASIC PAY. (B) by striking out ‘‘unless the employee (a) IN GENERAL.—(1) Section 8401(4) of title or Member elects, at such time and other- employee or Member) satisfies the require- ments of subparagraph (B).’’; 5, United States Code, is amended by strik- wise in such manner as the Executive Direc- ing out ‘‘except as provided in subchapter III tor prescribes, one of the options available (2) in subsection (c)— (A) in paragraph (1)— of this chapter,’’. under subsection (b), or’’ and inserting a (2) Section 8431 of title 5, United States comma; (i) by striking out ‘‘An election, change of election, or modification of the commence- Code, is repealed. (4) in subsection (f)(2)— (b) TECHNICAL AND CONFORMING AMEND- ment date of a deferred annuity’’ and insert- (A) by striking out ‘‘February 1’’ and in- MENTS.—(1) The table of sections for chapter ing in lieu thereof ‘‘An election or change of serting in lieu thereof ‘‘April 1’’; 84 of title 5, United States Code, is amended election’’; and (B) in subparagraph (A)— by striking out the item relating to section (ii) by striking out ‘‘modification, or trans- (i) by striking out ‘‘65’’ and inserting in 8431. 1 fer’’ and inserting in lieu thereof ‘‘or trans- lieu thereof ‘‘70 ⁄2’’; and (2) Section 5545a(h)(2)(A) of title 5, United fer’’; and (ii) by inserting ‘‘or’’ after the semicolon; States Code, is amended by striking out (B) in paragraph (2) in the matter following (C) by striking out subparagraph (B); and ‘‘8431,’’. (D) by redesignating subparagraph (C) as subparagraph (B)(ii) by striking out ‘‘modi- (3) Section 615(f) of the Treasury, Postal subparagraph (B); fication,’’; Service, and General Government Appropria- (5) in subsection (g)— (3) in subsection (e)— tions Act, 1996 (Public Law 104–52; 109 Stat. (A) in paragraph (1) by striking out ‘‘after (A) in paragraph (1)— 500; 5 U.S.C. 5343 note) is amended by strik- December 31, 1987, and’’, and by adding at the (i) in subparagraph (A)— ing out ‘‘section 8431 of title 5, United States end of the paragraph the following sentence: (I) by inserting ‘‘or withdrawal’’ after ‘‘A Code,’’. loan’’; ‘‘Before a loan is issued, the Executive Direc- SEC. 207. EFFECTIVE DATE. (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; tor shall provide in writing the employee or This title shall take effect on the date of and Member with appropriate information con- the enactment of this Act and withdrawals (III) by inserting ‘‘or withdrawal’’ after cerning the cost of the loan relative to other and elections as provided under the amend- ‘‘such loan’’; sources of financing, as well as the lifetime ments made by this title shall be made at (ii) in subparagraph (B) by inserting ‘‘or cost of the loan, including the difference in the earliest practicable date as determined withdrawal’’ after ‘‘loan’’; and interest rates between the funds offered by by the Executive Director in regulations. the Thrift Savings Fund, and any other ef- (iii) in subparagraph (C)— fect of such loan on the employee’s or Mem- (I) by inserting ‘‘or withdrawal’’ after ‘‘to The title was amended so as to read: ber’s final account balance.’’; and a loan’’; and A bill to amend chapters 83 and 84 of title (B) by striking out paragraph (2) and redes- (II) by inserting ‘‘or withdrawal’’ after ‘‘for 5, United States Code, to provide additional ignating paragraphs (3) through (5) as para- such loan’’; and investment funds for the Thrift Savings graphs (2) through (4), respectively; and (B) in paragraph (2)— Plan, to permit employees to gain additional (6) by adding after subsection (g) the fol- (i) by inserting ‘‘or withdrawal’’ after liquidity in their Thrift Savings Accounts, lowing new subsection: ‘‘loan’’; and and for other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10728 CONGRESSIONAL RECORD — SENATE September 17, 1996 TECHNICAL CORRECTION IN THE ing hour be deemed to have expired, work out something equally divided ENROLLMENT OF H.R. 3060 and the time for the two leaders be re- here, but I am not in a position to Mr. MCCAIN. Mr. President, I ask served for their use later in the day, agree. unanimous consent that the Senate and that there then be a period for Mr. MCCAIN. I understand. I thank proceed to the immediate consider- morning business until the hour of 11 my colleague from Kentucky. a.m., with the first 45 minutes under ation of House Concurrent Resolution f 211 which is at the desk. the control of Senator HUTCHISON and the last 45 minutes under the control of The PRESIDING OFFICER. The ADJOURNMENT UNTIL 9:30 A.M. clerk will report. Senator DASCHLE or his designee. The PRESIDING OFFICER. Without TOMORROW The legislative clerk read as follows: objection, it is so ordered. The PRESIDING OFFICER. Under A concurrent resolution (H. Con. Res. 211) the previous order, the Senate will directing the Clerk of the House of Rep- f stand adjourned until 9:30 a.m., Sep- resentatives to make a technical correction PROGRAM in the enrollment of the bill H.R. 3060. tember 18, 1996. Mr. MCCAIN. On Wednesday, fol- Thereupon, the Senate, at 9:35 p.m., The PRESIDING OFFICER. Is there lowing morning business, the Senate adjourned until Wednesday, September objection to the immediate consider- will resume the FAA bill and the pend- 18, 1996, at 9:30 a.m. ation of the concurrent resolution? ing Chafee amendment. A vote is ex- There being no objection, the Senate pected after a brief period of debate in f proceeded to consider the concurrent relation to the Chafee amendment. resolution. Following the passage of the FAA bill, NOMINATIONS Mr. MCCAIN. I ask unanimous con- it will be the intention of the majority Executive nominations received by sent the resolution be agreed to, the leader to turn to the Transportation the Senate September 17, 1996: motion to reconsider be laid on the appropriations conference report. Also, EUROPEAN BANK FOR RECONSTRUCTION AND table, and any statements relating to the Senate can be expected to turn to DEVELOPMENT the resolution be placed at the appro- the Magnuson Fisheries Act under a KAREN SHEPHERD, OF UTAH, TO BE U.S. DIRECTOR OF priate place in the RECORD. previous unanimous consent agree- THE EUROPEAN BANK FOR RECONSTRUCTION AND DE- The PRESIDING OFFICER. Without ment. Therefore, votes can be expected VELOPMENT, VICE LEE F. JACKSON. objection, it is so ordered. to occur after the hour of 11 a.m. on NATIONAL FOUNDATION ON THE ARTS AND The concurrent resolution (H. Con. Wednesday and throughout the day. HUMANITIES Res. 211) was agreed to. Mr. President, I would like to inform LORRAINE WEISS FRANK, OF ARIZONA, TO BE A MEM- BER OF THE NATIONAL COUNCIL ON THE HUMANITIES f my colleague from Kentucky, I did get FOR A TERM EXPIRING JANUARY 26, 2002, VICE MAR- a time agreement from Senator CHAFEE GARET P. DUCKETT, TERM EXPIRED. ORDERS FOR WEDNESDAY, on his amendment. I forgot to mention MORRIS K. UDALL SCHOLARSHIP AND EXCEL- SEPTEMBER 18, 1996 it to him. And Senator CHAFEE said he LENCE IN NATIONAL ENVIRONMENTAL POLICY Mr. MCCAIN. Mr. President, I ask would need 15 minutes. I told him that FOUNDATION unanimous consent that when the Sen- we would probably only need 5. D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- ate completes its business today, it BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. Is that agreeable to the Senator from UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL stand in adjournment until the hour of Kentucky or will we need more? ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- 9:30 a.m. on Wednesday, September 18; Mr. FORD. I do not need any person- PIRING OCTOBER 6, 2002. (REAPPOINTMENT) RONALD KENT BURTON, OF VIRGINIA, TO BE A MEMBER further, that immediately following ally. There will be opposition to the OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL the prayer, the Journal of proceedings Senator, and I have not gotten a time SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- MENTAL POLICY FOUNDATION FOR A TERM EXPIRING be deemed approved to date, the morn- agreement on that. I am sure we can OCTOBER 6, 2002. (REAPPOINTMENT)

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1615 EXTENSIONS OF REMARKS

THANK YOU, BARBARA BOWES, Barbara's children and grandchildren always High School; Kathleen Paige of St. John, who FOR YOUR LOYAL SERVICE come first, and she is always there for them. attends St. Thomas Aquinas-Mercy High When Bill or Deb Bowes need adviceÐor a School; Stephanie Schaller of Ballwin, who at- HON. JACK FIELDS good babysitter for Kelsey or William IIIÐBar- tends Cor Jesu Academy; and Christopher OF TEXAS bara's there to help. When Susie or ``Bo'' Slaten of St. Louis, who attends Parkway West of Middle School. IN THE HOUSE OF REPRESENTATIVES Wilburn need adviceÐor a good babysitter for Haley SueÐBarbara's there to help. And Mr. Speaker, I am pleased to be able to rec- Tuesday, September 17, 1996 when Tom Bowes needs some motherly ad- ognize these extraordinary young people for Mr. FIELDS of Texas. Mr. Speaker, it was viceÐoftentimes on how to avoid getting into their achievements. Their success is a true re- with mixed emotions that I announced last De- a situation that might, eventually, require a flection not only of their drive and determina- cember 11 my decision to retire from the good babysitterÐBarbara's there for him as tion, but also on the parents, family members House at the conclusion of my current term. well. And she has also always been there for and teachers who have supported their hard As I explained at the time, the decision to re- her parents, C.T. and Harriett Williamsen of work and determination. These students are tire was made more difficult because of the Houston. an excellent example of what young people loyalty and dedication of my staffÐand be- Barbara Bowes is one of those hardworking will achieve when given the opportunity. cause of the genuine friendship I feel for them. women who make all of us in this institution f Today, I want to thank one member of my look better than we deserve. She has done LEGISLATION TO CLARIFY THE staffÐBarbara Bowes, my district coordina- that for me, and I appreciate this opportunity APPLICATION OF THE RETAIL torÐfor everything she's done for me and my to publicly thank her for the dedication, loyalty TAX ON HEAVY TRUCKS AND constituents in the 16 years that she has and professionalism she has exhibited as a TRAILERS worked in my office. member of my staff. During the last 16 years, Barbara has han- Mr. Speaker, I know you join with me in HON. PHIL ENGLISH dled difficult tasks with ease and efficiencyÐ saying ``thank you'' to Barbara Bowes for her OF PENNSYLVANIA and handled impossible tasks with only slightly years of loyal service to me, to the men and IN THE HOUSE OF REPRESENTATIVES less ease and efficiency. women of Texas' Eighth Congressional Dis- When the Houston Ship Channel was in my trict, and to this great institution. And I know Tuesday, September 17, 1996 congressional district, Federal maritime and you join with me in wishing Barbara, and her Mr. ENGLISH of Pennsylvania. Mr. Speaker, environmental officials often came to Houston husband Bill, all the best in the years ahead. today, I am introducing legislation to both cor- for inspection trips or to hold public hearings. f rect existing law as well as practices in the ad- Invariably, one or more helicopters would ministration of those laws that have proven to magically appear to take me and the visiting TRIBUTE TO NINE OUTSTANDING be quite burdensome and inefficient. dignitaries on an inspection tour over the STUDENTS Currently, a 12-percent excise tax is im- Channel, or above some Superfund site. Only posed on heavy trucks, trailers, and tractors. later did I realize that it was Barbara, not God, HON. JAMES M. TALENT The tax is on trucks weighing over 33,000 pounds, trailers weighing over 26,000 pounds, that somehow or otherÐand I still haven't fig- OF MISSOURI and all tractors used with a trailer or ured out how exactly she did itÐmade those IN THE HOUSE OF REPRESENTATIVES helicopters appear. semitrailer for highway transportation. The IRS Barbara has worked closely with my Wash- Tuesday, September 17, 1996 has crafted a registration, certification, and re- ington, DC, scheduler to arrange events in my Mr. TALENT. Mr. Speaker, I rise today to porting regime that imposes a heavy paper- district. She has scheduled all of my 569 town recognize nine outstanding students from my work burden and awkward procedures for meetings, as well as several special seminars district. These students set their sights high, proving compliance. Complex regulations and held over the years. And she has represented and as a result, each student received a Con- rulings issued over many years have added to me at countless meetings that I was unable to gressional Award. the compliance burden. I am introducing legislation today to remedy attend. In short, Barbara's official job descrip- Congressional Awards are given to students the most serious administrative difficulties tion is as dynamic and flexible as Barbara her- who excel in the four program areas, including brought to my attention with the following four self. public service, personal development, physical proposed changes: It's impossible to explain what Barbara's fitness, and expedition and exploration. The First, to clearly delineate taxable tractor exact responsibilities are only because I've awards are divided into three categories, sales and to eliminate uncertainty regarding never asked her to do the same thing two based on age, accumulated hours, and dura- when there is a tax on an incomplete chassis, days in a row. But to borrow a phrase, when tion of activities. It was my privilege to meet my bill would make the tax apply only to trac- something absolutely, positively needs to get these outstanding youths and present them tors with a gross vehicle weight in excess of done, more often than not, it's to Barbara that with their awards. 33,000 pounds. I turn. I trust her judgement, her maturity and First, Dana Metzler of Kirkwood was award- Second, similarly, to provide certainty re- her loyaltyÐand I always will. ed the Silver Congressional Award. Ms. garding when an article is subject to tax, my In 1993, when I ran for the U.S. Senate in Metzler was between the ages of 16 and 18 bill codifies the clear and unequivocal test put a special election, I asked Barbara to take a and had worked a minimum of 420 hours over in place by the IRS in Revenue Rule 91±27 leave of absence from my official staff and join at least 15 months to earn her award. Ms. which imposes the tax on the restoration of a my campaign staff. As I told her at the time, Metzler attends Kirkwood High School. worn or used truck, tractor, or trailer only her participation in my Senate campaign pro- Second, there were eight Bronze Congres- where the cost of such restoration work ex- vided me with a comfort level that I would not sional Awards, youths at least 14, who had ceeds 75 percent of the price of a comparable have enjoyed had she not been with me. I lost worked 210 hours over the course of at least new vehicle. My bill expands this sensible test that campaign, but Barbara's presence made 7 months. These honorees included: Tanith to cover the restoration of wrecked vehicles as the experience more enjoyable than it would Leigh Balaban of Chesterfield, who attends well as changes or modifications of a truck's have been without her. Parkway Central High School; Alyssa Barker function such as the conversion of a tractor to More than most people, Barbara has her of Fenton, who attends Rockwood Summit a straight truck, the lengthening or shortening priorities straight. While she loves her job, her High School; Kevin Buckley of Bridgeton, who of a frame, or the addition or subtraction of real joy in life is her family. attends Christian Brothers College in Clayton; axles. Her husband, Bill, deserves canonization for Kathleen Castello of St. Louis, who attends Third, to foster greater uniformity in the ap- tolerating his wife's long hours and often er- Rosati-Kain High School; Megan Connally plication of the tax and to provide a more pre- ratic schedule. Despite that kind of schedule, O'Keefe of Bridgeton, who attends Pattonville cise measurement of the reduction in tax that

∑ 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. E1616 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 should occur for tires that are part of a taxable social activities for seniors. It also includes an In 1991 Admiral Zlatoper was promoted to sale and which have been previously taxed, intergenerational program involving Cleveland vice admiral. He became the Chief of Naval my bill provides an offset to the truck excise schoolchildren, and a special community gar- Personnel and Deputy Chief of Naval Oper- tax equal to the tax already paid on such tires. den for senior citizens. ations for Manpower and Personnel. In 1994 Correspondingly, the bill eliminates the deduc- Mr. Speaker, I am proud of my close asso- he was promoted to admiral, and he was as- tion now allowed for the fair market value of ciation with the Eliza Bryant Center over the signed as Commander in Chief, U.S. Pacific tires in determining the taxable amount of a years. Under the direction of its executive di- Fleet. Admiral Zlatoper brilliantly led naval retail truck sale. rector, Harvey Shankman, and his dedicated forces in the Pacific. Admiral Zlatoper's genu- Fourth, heavy truck dealers must register staff, the center is preparing to enter its sec- ine concern for the quality of life of sailors and with the IRS and furnish exemption certificates ond century of service. The center recently ini- their families was evident in notable improve- for vehicles purchased for resale. A dealer tiated a $2.5 million centennial campaign to ments in their working and living conditions who makes a sale for a resale must produce further address the growing needs for commu- throughout the Pacific. a valid exemption certificate obtained in con- nity seniors who wish to remain in their own During his stellar naval career, Admiral nection with sales for resale. A dealer can be homes. Zlatoper has been awarded over 20 personal required to pay on an exempt sale where the I am also pleased to note that the Eliza Bry- decorations including the Defense Distin- IRS, long after the transaction has been com- ant Center was the recipient of the 1995 Ex- guished Service Medal; Navy Distinguished pleted, determines that verification of the cellence in Community Services Award from Service Medal; Legion of Merit; Distinguished claimed exemption is inadequate and there is the Association of Ohio Philanthropic Homes Flying Cross; Meritorious Service Medal; Air no proof the tax was collected from the first for the Aged. The center enjoys a close affili- Medal; and Navy Commendation Medal (with retail user. Even though some sales have ob- ation with Case Western Reserve University, Combat ``V''); plus various campaign and unit viously been for resale, slavish application of Cleveland State University, Ursuline College, awards. the statute and regulations have nevertheless Job corps and the Cleveland Public Schools. Admiral Zlatoper, his wife Barry, and their resulted in the collection of such taxes. Mr. Speaker, as it marks a historic 100 two children Ashley and Michael, have made My bill would make it easier to more sys- years of service, I am pleased to salute the many sacrifices during his 33-year naval ca- tematically obtain and retain the required cer- Eliza Bryant Center. It continues to be a bea- reer. ``Zap'' Zlatoper is a tremendous credit to tifications by permitting invoices used in trans- con of light and a model of excellence. the U.S. Navy and the country he so proudly ferring taxable vehicles to include a certifi- f serves. As he now prepares to embark on a cation that the transfer is a sale for resale. Re- second successful career, I call upon my col- sellers would affirm under penalties of perjury, TRIBUTE TO ADM. RONALD J. leagues to wish him every success as well as that there was no obligation to collect the Fed- ‘‘ZAP’’ ZLATOPER fair winds and following seas. eral excise tax. The same penalties imposed f under current law for fraudulent claims of ex- HON. IKE SKELTON WESTON, BECOMES A emption would remain in force. Because it has OF MISSOURI MUNICIPALITY proven to be of minimal compliance value, my IN THE HOUSE OF REPRESENTATIVES bill would also eliminate the cumbersome reg- Tuesday, September 17, 1996 istration system now required for heavy truck HON. PETER DEUTSCH dealers and other resellers. Mr. SKELTON. Mr. Speaker, I rise today to OF FLORIDA f recognize a truly outstanding naval officer, IN THE HOUSE OF REPRESENTATIVES Adm. Ronald J. ``Zap'' Zlatoper, who will soon THE ELIZA BRYANT CENTER: be completing his assignment as the 27th Tuesday, September 17, 1996 CELEBRATING 100 YEARS OF Commander in Chief of our U.S. Pacific Fleet Mr. DEUTSCH. Mr. Speaker, I rise today to SUCCESS and retiring from active naval service. It is a congratulate the city of Weston on becoming pleasure for me to recognize a few of his Broward's 29th municipality. Through the val- HON. LOUIS STOKES many outstanding achievements. iant efforts of the city's new mayor, Mr. Harry OF OHIO A native of Cleveland, OH, Admiral Zlatoper Rosen, council members Eric Hersh, Mark IN THE HOUSE OF REPRESENTATIVES was commissioned in 1963 through the naval Myers, John Flint, and Cindy Fishbein, State ROTC program at Rensselaer Polytechnic In- Representative Debbie Wasserman Schultz, Tuesday, September 17, 1996 stitute in Troy, NY. He was assigned to Attack State Senator Howard Forman and the entire Mr. STOKES. Mr. Speaker. I rise today to Squadron 65 from 1965 to 1968, where he Broward delegation, Arvida/JMB Partners, salute the Eliza Bryant Center which is located flew the A±6 Intruder on combat missions over Broward County, and the Indian Trace Com- in my congressional district. One hundred North Vietnam. In subsequent assignments, munity Development District, residents of years ago, in 1896, the Cleveland Home for he served in Attack Squadron 42 and Attack Weston now live in a thriving incorporated Aged Colored People was opened at 284 Squadron 34. In 1978 he served as executive community. This is an exceptional opportunity Giddings Avenue. A century later, Eliza Bryant officer and then commanding officer of Attack for Broward County because it will increase Center is located only a half-mile away from Squadron 85. community development, create economic its original site. The center is a comprehensive In senior operational assignments during the growth, and provide essential municipal serv- provider of geriatric services including adult 1980's, Admiral Zlatoper commanded Carrier ices to residents and businesses in Weston. day care, senior wellness, transportation, and Air Wing 1 aboard U.S.S. America (CV±66), Emerging in the mid-1970's, the Weston nursing home care. served as senior Air Wing Commander of Car- area has come to represent a mix of residen- The Eliza Bryant Center is one of the oldest rier Air Wing 15 in U.S.S. Carl Vinson (CVN± tial, commercial, and industrial uses. Since black institutions in the country. It is believed 70) and was chief of staff to commander Sev- that time there has been a considerable to be the first black charitable organization in enth Fleet aboard U.S.S. Blue Ridge (LCC± amount of long-range planning and develop- the Cleveland area. Its founder, Eliza Sim- 19). ment in this unincorporated area of Broward mons Bryant, was a free black woman who After selection for rear admiral in 1988, he County. In 1994, the Board of the Indian Trace moved to Cleveland from North Carolina. She was assigned to the staff of the Chief of Naval Community Development District recognized established the center in 1896 after learning Personnel. In July 1990 he took command of the need to incorporate the area so that future that nursing homes in Cleveland did not admit Carrier Group Seven, homeported in San delivery of municipal services would effectively people of color. Diego. Five months later, commanding the serve the expansion. Recently, the residents Mr. Speaker, as it marks 100 years of serv- eight ships of the U.S.S. Ranger (CV±61) bat- voted to enact the Charter for the City of Wes- ice, the Eliza Bryant Center is enjoying great tle group, he deployed to the Arabian Gulf for ton. This monumental decision will greatly im- success. The center provides skilled nursing operations Desert Shield and Desert Storm. pact the citizens and businesses that reside in home and adult day care programs which in- Under his leadership, the battle group exe- Weston because it will improve the quality of clude nutrition, health care monitoring, social- cuted the first cruise missile and aircraft at- life as well as protect the identity of the com- ization and supervision. Eliza Bryant Center tacks on Iraqi forces. As the antisurface war- munity. also provides Cleveland's only inner-city fare commander, he was responsible for the Situated on more than 10,000 lush acres, Alzheimer Disease Support Group. destruction of the Iraqi Navy, receiving the Weston is the largest area adjacent to our The center's wellness activities include field Distinguished Service Medal for his accom- priceless Florida Everglades. Because of it's trips, cultural events, arts and crafts and other plishments. unique landscape and distinct urban planning, September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1617 Weston is an extremely attractive place for am a proud cosponsor of H.R. 3226, the lege of representing in Congress. I am talking prolonged community development. As a mu- Newborns' and Mothers' Health Protection Act, about 16-year-old Steffan Legasse, of Wal- nicipality, residents will greatly benefit from a which mandates hospital insurance coverage pole, NH, who has taken it upon himself to higher level of services including a democrat- of 48 hours for a vaginal delivery and 96 help raise money for churches in the South ically elected governing body, police and fire hours for a caesarean section, the standards that have been burned and damaged due to protection, and dramatic increase in funding set by the American College of Obstetricians the wave of recent arson attacks. levels which will help to maintain the parks and Gynecologists and the American Acad- We all are shocked and dismayed by these and recreation facilities adjacent to the com- emy of Pediatrics. It does not mandate how terrible arson fires. Yet one young man from munity. Furthermore, the residents overwhelm- long mothers and babies should remain in the Western New Hampshire was so moved by ing approval to incorporate the city shows the hospital; it does not dictate medical careÐit what he heard and saw that he decided to do community's dedication to the city of Weston simply enables it to be practiced. something to help those affected by the and their excitement for new ventures. I wish Twenty-nine States have already enacted church burnings. Steffan undertook a 1,000 the residents of the city of Weston the best legislation to end the so-called drive-through mile cycling project this summer in order to and look forward to the extraordinary opportu- deliveries, but Federal legislation is necessary raise money for the churches and his own nities that lie ahead. to provide uniform standards for all States and church, St. John's Episcopal Church, of Wal- f extend protections to those covered under pole. The name of his project is ``BikeHikes '96.'' Steffan rode his bike from home to his APPOINTMENT OF CONFEREES ON ERISA plans. The legislation would not, how- ever, pre-empt State law. summer job each day and has made excur- H.R. 3666, DEPARTMENTS OF VET- sions to Vermont and Georgia in conquest of By providing a healthy start for all ERANS AFFAIRS AND HOUSING his 1,000 mile goal. AND URBAN DEVELOPMENT, AND newborns, we are insuring healthy future for Recently, while in Georgia, the Legasse INDEPENDENT AGENCIES APPRO- our Nation. family met with the Rev. Harry Baldwin, Pastor PRIATIONS ACT, 1997 f of the Gay's Baptist Church, of Millen, GA, HONORING UKRAINIAN one of many churches recently burned. Some SPEECH OF INDEPENDENCE of the funds raised through BikeHikes '96 will HON. PETER G. TORKILDSEN help Rev. Baldwin's church. Steffan recently wrote about his meeting: ``Rev. Baldwin is a OF MASSACHUSETTS HON. CONSTANCE A. MORELLA IN THE HOUSE OF REPRESENTATIVES very kind and compassionate person. He OF MARYLAND helped me better understand the pain felt by Wednesday, September 11, 1996 IN THE HOUSE OF REPRESENTATIVES the members of his church, yet he also spoke Mr. TORKILDSEN. Mr. Speaker, I would like Tuesday, September 17, 1996 of their faith, hope and determination to re- the record to show my strong support for the build. I have learned that even terrible deeds Stokes' motion to instruct VA/HUD appropria- Mrs. MORELLA. Mr. Speaker, I take this op- can result in a positive outcome.'' tion conferees. This motion instructed House portunity to congratulate the people and the Steffan has biked more than 900 miles as of conferees to accept the Senate amendments Government of Ukraine on the occasion of today. He is taking pledges and donations to related to mental health parity and post- that nation's celebration earlier this month of 5 raise $10,000 for these churches. partum insurance coverage. years of independence. Ukraine has made Mr. Speaker, I had the pleasure of meeting I was not present during voting on Septem- considerable progress in political reform during young Steffan the other week and I must say ber 11, but had I been present, I would have this time, and Ukrainians are to be congratu- I was very impressed. He is a very polite and voted for the motion. The motion passed with lated for their conduct of free and fair elections delightful young man who is deeply committed an overwhelming bi-partisan majority. for the presidency and parliament, and their to this project. I know that his parents, Mr. and Both provisions provide for a healthy future adoption of a new, democratic constitution. Mrs. David Legasse, are very proud of their for some or our Nation's most vulnerable citi- As a major European nation, Ukraine, with son, as are Steffan's other family members zens. The first prevents insurers from limiting the continent's sixth largest population and and friends. coverage through higher copayments, fewer second largest land mass, has an important Steffan is still working on BikeHikes '96 and visits or shorter hospital stays simply because role to play, both geopolitically and economi- has set up a site on the World Wide Web the individual is treated for mental illness. cally, in Central and Eastern Europe. This re- where computer users can learn for them- Mental health parity is a matter of basic fair- gion is also important to the United States, so selves about this wonderful project. The ness. that a strong and stable Ukraine, by contribut- website address is http://www.legasse.com/ The National Advisory Mental Health Coun- ing to European peace and stability, enhances bikehikes/update.html. For more information cil [NAMHC] reported to Congress in 1993 that U.S. national security. on Steffan's effort, you may write to 14 parity coverage of treatment of severe mental Ukraine has made a promising start in its ef- Roxbury Street, Keene, NH 03431. illness would actually save the national econ- fort to establish a just, democratic system with Mr. Speaker, I ask all of my colleagues to omy $2.2 billion a year in reduced absentee- a free and open economy. It must build on join me today in saluting Steffan Legasse for ism, increased productivity, and reduced gen- these steps by implementing its constitution, his effort to help other citizens in need. He eral health care cost. The MIT Sloan School of assuring minority rights, guaranteeing private represents the true spirit of volunteerism in Management reported in 1995 that clinical de- property, and constructing a reliable and fair America. pression costs American employers $28.8 bil- system of justice in which all Ukrainians can f lion a year. have faith. TRIBUTE TO LISA ELIZABETH The initial reports from the Medicaid Mental The United States should make every effort GIVENS Health Project in my home State of Massachu- to support the people of Ukraine as they strive setts find similar savings attributable to the im- to live in peace and democracy. We should plementation of a more competitive, flexible continue assistance with political and eco- HON. JAMES M. TALENT approach to the provision of mental illness nomic reform, nonproliferation, trade relations, OF MISSOURI IN THE HOUSE OF REPRESENTATIVES treatment services: five percent increase in and military training so that we may assist persons using services; 22 percent reduction Ukrainians in achieving their aspirations as a Tuesday, September 17, 1996 in overall expenditures; and a more competi- people and as a nation. Mr. TALENT. Mr. Speaker, I rise today in tive array of services offered. f honor of Lisa Elizabeth Givens, a distin- Our Nation pays a high price for ignoring guished student from Chesterfield, MO. Ms. mental illness. Severe mental disorders, such HONORING TRUE VOLUNTEERISM Givens recently was awarded a scholarship by as schizophrenia, manic depressive illness, the AMVETS to pursue a career in inter- and severe depression, affect 2.8 percent of HON. CHARLES F. BASS national business. the adult population and account for approxi- OF NEW HAMPSHIRE Ms. Givens competed against hundreds of mately 25 percent of all Federal disability pay- IN THE HOUSE OF REPRESENTATIVES applicants nationwide to win the scholarship. ments. This Congress has recognized and This is just one of the many ongoing youth Tuesday, September 17, 1996 acted on the fact that mental illness is as se- programs AMVETS has developed to recog- vere as physical illness. Mr. BASS. Mr. Speaker, I rise today to pay nize the importance of scholarship and re- This motion also provides critical insurance tribute to an effort being undertaken by a re- warding bright and industrious young people protections for newborns and their mothers. I markable young man whom I have the privi- like Ms. Givens. E1618 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 Mr. Speaker, I hope you will join me in con- about whether the United States would be and above the call of duty. This year the Fire- gratulating Ms. Givens and wish her all the part of that police force. man of the Year Awards went to Chris Free- best in her pursuit of her goals. Serbs, Muslims and Croats seem as polar- man and Chris Szczygiel. The Police of the ized as ever. The peace that emerged from f the Dayton negotiations is artificial. From Year Awards were accepted by Educardo all appearances, the combatants are biding DeHais and Angel Casabona. Furthermore, GLARING DEFICIENCIES IN U.S. their time until international troops get out Dr. Wayne Petermann and Lorenzo Hernan- FOREIGN POLICY of the way. Then the violence and ethnic dez were honored with the Humanitarian of cleansing will resume. The risk and expense the Year Award and the Civic Leader of the HON. DOUG BEREUTER of U.S. involvement will have been for noth- Year Award, respectively, for their exemplary ing. OF NEBRASKA service to the community. Finally, Luis Flaws are also evident in American policy Sanchez and Luis Guzman were presented IN THE HOUSE OF REPRESENTATIVES in Iraq. It has now come to light that Ameri- with President of the Year Awards. Tuesday, September 17, 1996 cans running a Central Intelligence Agency operation in the northern Kurdish zone dis- The Hispanic Police and Fire Association Mr. BEREUTER. Mr. Speaker, even as this appeared in the middle of the night when exemplifies the work ethic and pride so very administration points to successes in the area Saddam Hussein moved his forces into the important in every career and in our daily of foreign policy, we are watching those al- region. Surprised Kurdish and Iraqi associ- lives. It is their hard work and dedication, Mr. leged successes unravel. The administration's ates of the Americans were left to fend for Speaker, that protects the entire community themselves. from the violence and catastrophe all too policy toward Ireland has totally backfired and By some reports. 100 of those U.S. coopera- nearly precipitated a rupture of our relations present in today's society. tors were captured and executed. Apparently On behalf of my colleagues in the House of with the United Kingdom. In Haiti, police who as an afterthought, the administration per- have been trained by this administration are suaded Turkey to accept some of the others. Representatives, I would like to acknowledge now implicated in a series of political murders. Afterthought—that seems to be the way our appreciation for the hard work of these The Middle East peace process has collapsed. the White House developed policy in the Per- courageous individuals. They put their lives on The administration's policy toward Bosnia is sian Gulf. Hey, someone in the administra- the line every day, in order for all citizens in even more troubling. The Clinton administra- tion seems to have said late last week, let’s the community to feel secure in their own send 5,000 troops to Kuwait to show that tion repeatedly has assured this body that homes. President Clinton means business. The plan f United States troops would not remain in was flashed around the world. But appar- Bosnia beyond the December 20, 1996 termi- ently no one bothered to inform Kuwait. The TRIBUTE TO DICK AND EILEEN nation point. But our troops in Europe are now result was the spectacle of a tiny nation— MERCER receiving orders to spend 1997 in Bosnia, and one that depends on its friendship with the U.N. Ambassador Albright is backtracking as United States to protect itself against Sad- dam—keeping the secretary of defense wait- HON. BILL BARRETT fast as she can on the administration's prom- OF NEBRASKA ises to the American people. ing until Monday, when clearance for the troop buildup was finally granted. IN THE HOUSE OF REPRESENTATIVES And the United States now finds itself stand- Other allies in the region have dem- Tuesday, September 17, 1996 ing up to Iraqi aggression by itself. The alli- onstrated reluctance to support U.S. moves ance put together by former President Bush is against Saddam. Sen. John McCain and Mr. BARRETT of Nebraska. Mr. Speaker, I'd now in tatters, and the administration seems other critics of the administration said the like to recognize a family from the Third Con- to lack the elementary competence to pre- administration failed to lay the necessary gressional District of Nebraska before my col- serve our few remaining allies. One would as- groundwork among friendly nations for such leagues in the House of Representatives. sume the administration would first consult a mission. Dick and Eileen Mercer of Kearney, NE, re- The administration also failed to inform cently received the 1996 Nebraska Cattlemen- with Kuwait before announcing the deployment Congress. Speaker Newt Gingrich has said of thousands of troops to that country, but that that the situation in the Middle East is al- Pfizer Animal Health Stewardship Award. In seems beyond this administration's capability. most too muddled to help Clinton find a way addition, they received the National Cattle- Mr. Speaker, this Member would ask to in- out. Gingrich said the White House should men's Beef Association Region VII Award. Al- sert into the RECORD an editorial from the back up, consult with the bipartisan leader- though I've never had the opportunity to per- September 17, 1996 edition of the Omaha ship of Congress and meet with the gulf war sonally visit the Mercer's Double M farm, it's World Herald entitled ``U.S. Involvement in allies in the Middle East to develop a coher- reputation is known far and wide. I've heard it ent philosophy for dealing with Iraq. He said Bosnia, Iraq Seems to Rely on Afterthoughts.'' said that if anyone deserves this award, it's the United States must know before it acts Dick and Eileen. As the editorial correctly notes, the current col- that other nations will come to its support. lapse of foreign policy is what happens when Of course it must know. Gingrich’s view is The Mercer's, along with their sons, operate the voters elect a president who minimizes the self-evident. The fact that the White House a 3,000-head feedlot outside of Kearney. For importance of foreign policy expertise. This does things differently shows what can hap- more than 20 years, the Mercers have taken Member commends this insightful editorial to pen when the voters elect a president who a hands-on approach to environmental stew- his colleagues. minimizes the importance of foreign policy ardship. They have committed to water and expertise. U.S. INVOLVEMENT IN BOSNIA, IRAQ SEEMS TO soil testing. Organic matter in the soil has in- f RELY ON AFTERTHOUGHTS creased, which helps with water retention and The foremost reasons that the Founders TRIBUTE TO THE HISPANIC erosion control, while nitrate levels have de- created the presidency was to give the coun- POLICE AND FIRE ASSOCIATION creased. To control pests, parasitic wasps are try a head of state to command the armed employed, decreasing the need to use insecti- forces and deal with other nations. The Clin- cides. ton administration had not handled those re- HON. WILLIAM J. MARTINI One of the most unique features of the Mer- sponsibilities well, particularly in Bosnia OF NEW JERSEY cer's stewardship is their work with the city of and Iraq. IN THE HOUSE OF REPRESENTATIVES Kearney to compost waste from the municipal President Clinton is reaping the harvest Tuesday, September 17, 1996 sewage plant. Municipal waste is composted from his 1992 campaign slogan. ‘‘It’s the with manure from the feedlot and used as fer- economy, stupid,’’ which implied that Mr. MARTINI. Mr. Speaker, Aristotle once George Bush’s attention to foreign policy wrote: tilizer on cropland. The feedlot was designed was a sign of detached elitism. The flaws in The good of man is the active exercise of to utilize the natural characteristics of the land. Clinton’s approach are now showing. his soul’s faculties in conformity with excel- Specifically, it's higher than adjacent fields al- Certainly Bosnia had elections that were lence or virtue, or if there be several human lowing waste to flow downhill. From there, liq- relatively free of violence. But U.S. troops excellences or virtues, in conformity with uids are pumped onto the crops. To be sure, were originally scheduled to leave Bosnia by the best and most perfect among them. the soil is tested to ensure the proper amount Dec. 10. On Sunday, reporters asked Mad- Today, Mr. Speaker, I rise to pay tribute to is applied. In Dick's own words, as quoted by eleine Albright the U.S. ambassador to the several members of the Hispanic Police and the Omaha World Herald, ``The project is a United Nations and Secretary of State War- ren Christopher whether the schedule will be Fire Association who have established excel- perfect example of how urban and rural peo- met. They said it was too early to say. The lence by displaying outstanding success in ple can work together to improve and protect U.N. mission will end Dec. 20, they said, but their field. the environment.'' an international police force will still be Each year, Mr. Speaker, the Police and Fire In addition to local conservation work, the needed. Neither would respond to questions Association honors their members who rise far Mercers have been actively involved in the September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1619 community and local, State, and national envi- ment since its inception in 1989. Serving as Magazine/CNN poll after pulling the military ronmental organizations, demonstrating their the commander of the Detective Bureau, he trigger. Hey, it’s early yet. But what makes so much sense politically dedication to economically and environ- was the second officer hired by the depart- makes little sense strategically or in support mentally sound cattle production. I'm pleased ment. Later, he was promoted to commander of sound foreign policy. It’s swatting a fly to be able to honor Dick and Eileen today. of field operations where he now supervises with a sledgehammer. And although I realize Dick and Eileen have 70 officers. Lieutenant Hufford will use the This time, putting the best face on it, it’s not been stewards of their land in the hopes skills he learned at the academy when he re- an exclusively American message to a med- of receiving awards or recognition, it's some- turns to this position this week. dler to mind his own business. But this time, unlike last time, the United times nice to get a pat on the back and ac- Mr. Speaker, I hope you will join me in con- States has no support among Iraq’s neigh- knowledgment for one's lifelong work. gratulating Lieutenant Hufford on this exciting bors, no support from the United Nations, f milestone and tremendous accomplishment, and, with the exception of the British, no as well as commend the Chesterfield Police support from our traditional allies. There is CONGRATULATE ANDY PETTITTE Department and Chief Johnson on an excel- no coalition of 32 countries joining in defense FOR BECOMING FIRST 20 GAME lent choice. of an invaded country. AMERICAN LEAGUE WINNER This time, unlike last time, Saddam is op- f erating within his own borders and interven- ing in a dispute between Kurdish elements HON. KEN BENTSEN POLITICAL TARGETS EASIEST sympathetic to either Iran or Iraq. OF TEXAS ONES TO SPOT IN IRAQ MISSILE This time, the United States has stepped IN THE HOUSE OF REPRESENTATIVES BARRAGE beyond economic sanctions and pushed the Tuesday, September 17, 1996 launch buttons for nothing more serious than violating a no-fly zone in Saddam’s own Mr. BENTSEN. Mr. Speaker, I rise today to HON. DOUG BEREUTER country—even though the Iraqi leader used congratulate Deer Park, TX native and New OF NEBRASKA ground troops and no airplanes. York Yankee pitcher Andy Pettitte, who on IN THE HOUSE OF REPRESENTATIVES This time, the likely effect is to polish his September 4 became the first American image as somebody who stands up to the Tuesday, September 17, 1996 American aggressors and to tarnish our League pitcher to win 20 games this year. Mr. BEREUTER. Mr. Speaker, this Member image for intervening militarily in regional Andy has accomplished this remarkable commends to his colleagues the editorial disputes in which we have only the most achievement after only three seasons in the which appeared in the Omaha World-Herald marginal stake. big leagues and he is the first Yankee pitcher This time, critics of presidential policy can on September 11, 1966: to do so in 11 years. In performing this feat, speak their minds without having to worry Andy pitched the Yankees to a 10±3 win over [From the Omaha World-Herald, Sept. 11, about undermining ‘‘our troops.’’ This time, 1996] there are no troops. There are only anony- the Oakland Athletics. mous warheads from afar and a chance to Winning 20 games is an extremely impres- POLITICAL TARGETS EASIEST ONES TO SPOT IN IRAQ MISSILE BARRAGE practice our marksmanship. sive achievement for Andy Pettitte considering Since their significance is almost com- that the last 20-game winner in the American The Butcher of Baghdad, The Bully of pletely symbolic, we could just as well have Baghdad. ‘‘Saddamed if you do, Saddammed League was in 1993. In 1993, Andy was play- fired the missiles minus the warheads. We if you don’t.’’ could have substituted leaflets and campaign ing college baseball after completing a re- Guess who’s back in the headlines? Saddam markable high school pitching career at Deer signs that state matters plainly. ‘‘Clinton in Hussein. Again. The news types have dusted ’96.’’ Park High School, in the 25th Congressional off the old cliches and come up with a few f District of Texas. I know that his parents, who new ones to catalog his latest military indis- still live in Deer Park, are proud of their son's cretions. INTRODUCTION OF A RESOLUTION accomplishments, as is the entire Deer Park Six years after he invaded Kuwait, six TO REUNITE FAMILIES SEPA- years after his forces were pummeled unmer- community. RATED BY THE HOLOCAUST I look forward to great things in this young cifully in what he described as ‘‘The Mother of All Battles,’’ the Iraqi president has again man's future. In a time when major league put his meager military strength at risk. HON. BOB FRANKS pitching has been declining, Andy has been a This time he chose sides among rival Kurd- OF NEW JERSEY stellar performer for the Yankees and is one ish factions and sent 40,000 troops in to as- IN THE HOUSE OF REPRESENTATIVES reason they lead the American League East- sure a victory for his favorite in northern Tuesday, September 17, 1996 ern Division. Given his abilities, Andy now Iraq. leads the pack for baseball's prestigious Cy This time, as last time, the president of Mr. FRANKS of New Jersey. Mr. Speaker, I Young Award. the United States has cited our vital interest recently had the honor of being involved in a I believe that we will continue to see re- in peace and order in the oil-rich Middle remarkable reunion between two siblings who markable pitching from this hard-working play- East and ordered a military response. And were both Holocaust survivors, but who had its the sort of no-strings response that leaves been separated for over 60 years. Solomon er who began his career in Deer Park, TX. We voters looking ahead to Election Day with can be proud of his accomplishments and the maximum comfort level. and Rivka Bromberg were separated during wish him the best in the coming months. Missiles from afar. No ground troops. Vir- the Holocaust, and neither had heard from the f tually no risk of American casualties. Little other since. notice taken and little need to comment on However, thanks to the resourceful work of TRIBUTE TO LT. DENNIS HUFFORD Iraqi casualties, military or civilian. Plenty younger relatives and Israel's Jewish Agency, of room for the Pentagon to claim bull’s-eyes these two Holocaust survivors were finally re- HON. JAMES M. TALENT for the finest in American technology. united in Israel last month after so many In the sort of analogy that Nebraskans al- OF MISSOURI years. Solomon Bromberg's oldest son Mi- ways appreciate, the Tomahawk cruise mis- IN THE HOUSE OF REPRESENTATIVES chael had worked with the Jewish Agency to sile is described as being so accurate that it contact Sharon Feingold, the granddaughter of Tuesday, September 17, 1996 can be fired from New York or Chicago and Rivka Bromberg Feingold. They then orches- Mr. TALENT. Mr. Speaker, I rise today to whiz right through a set of goal posts in Washington, D.C. trated a phone call between Solomon and congratulate Lt. Dennis Hufford of the Ches- Goal posts, touchdowns and extra points Rivka and a formal reunion in person. terfield Police Department. Lieutenant Hufford are also inviting terms for describing a polit- I became involved with this emotional saga has the honor of being the first officer from the ical victory for the Clinton camp. In danger only when the family began its search, which Chesterfield Police Department to be sent to of being pegged, again, as a foreign policy is still ongoing, for a third sibling, Abraham the Federal Bureau of Investigation National lightweight by Bob Dole, of being called soft Bromberg, believed to be in the United States. Academy in Quantico, VA. On September 13, on Iraq, the president has yielded to aggres- Nevertheless, I had been very moved by the 1996, Lieutenant Hufford, joined by his wife, sive temptation. emotional reunion of Solomon and Rivka. three children, and Chesterfield Police Chief When George Bush presided over victory in Today there are thousands of Holocaust the 1990 Gulf War, his approval rating soared Johnson, graduated from the academy, the to 89 percent. Unfortunately for Bush, it was survivors in Russia, Eastern Europe, the Unit- most venerated institution of its kind in the Na- not time for an election. ed States, Israel, and other nations who were tion. President Clinton, who knows approval separated from their families during the Holo- Lieutenant Hufford has been an asset to the ratings like a sports bookie knows the box caust and who may not know the fates of their community and the Chesterfield Police Depart- scores, scored 69 percent in an early Time relatives. E1620 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 For this reason I am introducing a concur- Victor Maghakian was born in Chicago, fully retired he was listed as 60 percent dis- rent resolution today to urge the Secretary of but he and his family gravitated to San abled, but it didn’t affect his subsequent suc- State, foreign nations, especially Israel, Rus- Diego in 1930 and to Fresno nine years after- cessful career as a Las Vegas hotel executive sia, Poland, and other Eastern European na- ward. Between moves he served a hitch in and security consultant. After living there the United States Marine Corps and was sta- for much of the postwar era, he returned to tions, and organizations such as the Red tioned throughout the Philippines and Fresno three years before his death in 1977. Cross and Israel's Jewish Agency, to coordi- China. His familiarity with foreign bases and Capt. Maghakian now sleeps at Ararat Ceme- nate efforts to help reunite family members situations earned him the nickname ‘‘Trans- tery. separated as a result of the Holocaust. If my port,’’ signifying ‘‘he knows his way around. Without the Transports, we would not colleagues could have seen the emotional re- ‘‘SUICIDE UNIT’’ know freedom, strength or national great- union of the Brombergs, they would agree with When Pearl Harbor occurred, Transport ness. It’s sad to know that recently, when me that these thousands of families deserve was serving as a Fresno County deputy sher- names were proposed for new local high help in finding their own long lost relatives. iff. Full of shock and fierce patriotism, he schools, his came up and was rejected. For With some additional effort by the State De- re-enlisted in the Corps immediately. He was now we can honor his name through remem- elated to discover it needed volunteers for a brance, and hope that soon Victor partment and the cooperation of other agen- Maghakian will have a memorial which be- cies and foreign governments, there can be so-called ‘‘suicide unit’’ of crack soldiers. The unit, known as Carlson’s Raiders after fits his undeniable stature. thousands more happy reunions. Therefore, I its founder and commander, Col. Evans F. f urge my colleagues to support this resolution. Carlson, was reserved for the toughest Ma- f rines—15,000 applied, 900 were accepted. Its TRIBUTE TO JAMES H. QUILLEN members endured weeks of training in mar- PERSONAL EXPLANATION tial arts, mountain climbing, beach landings HON. JOHN J. DUNCAN, JR. and 35- to 50-mile daily hikes. HON. DICK CHRYSLER By mid-1942 Transport and the Raiders OF TENNESSEE OF MICHIGAN were itching to join the island-hopping, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES hand-to-hand combat in the Pacific. Their Tuesday, September 17, 1996 first mission was to fool the Japanese into Tuesday, September 17, 1996 thinking a large troop wave was hitting Mr. DUNCAN. Mr. Speaker, previously, my Mr. CHRYSLER. Mr. Speaker, on rollcall Makin Island. Only 222 Raiders were slated colleague and I engaged in a conversation re- vote Nos. 404, 405, and 406, I was unavoid- for the invasion—a tiny ripple that turned garding the accomplishments that Congress- ably absent. out to be as good as a tsunami. man QUILLEN has performed in the House of Had I been present, I would have voted During the night of Aug. 16, the Raiders Representatives and the services he provided snuck into Makin via submarines and rubber for hundreds of thousands of people in the ``yea'' on the Bartlett amendmentÐrollcall vote boats. After daylight the battle began. No. 404Ðprohibiting the U.S. Armed Forces Transport, machine-gunning frantically and First District of Tennessee and the entire from being forced to wear U.N. insignia. nursing a forearm wound, noticed that two State. I would have voted ``yea'' on final passage planes with enemy officers had landed. They I request that a copy of the attached state- of the United States Armed Forces Protection were assessing the situation for the brass at ment from Steven Blackwell, which is rep- Act, H.R. 3308Ðrollcall vote No. 405. headquarters and therefore had to be resentative of the views and thanks of thou- I would have voted ``yea'' on final passage stopped. sands of people, be placed in the RECORD at of the Small Business Programs Improvement Bleeding, struggling to stay conscious and this point. I would like to call it to the attention Act, H.R. 3719Ðrollcall vote No. 406. armed with just a rifle, Transport crept to- ward an anti-tank gun. Before he got there, of my colleagues and other readers of the f he pulverized an enemy launch with a gre- RECORD. PERSONAL EXPLANATION nade, and surprised and bayonetted a Japa- TRIBUTE TO JAMES H. QUILLEN, U.S. nese infantryman. Luckily, enough ammuni- CONGRESSMAN tion was left to destroy both planes and muz- On a day when his colleagues in the House HON. WILLIAM F. CLINGER, JR. zle the officers. Transport’s boldness ensured of Representatives have risen to pay tribute OF PENNSYLVANIA that the small Raider force stayed a secret. to the distinguished career and the dedicated IN THE HOUSE OF REPRESENTATIVES Transport’s follow-up exploit was just as public service of James H. ‘‘Jimmy’’ Quillen Tuesday, September 17, 1996 amazing. The following December, he and of Tennessee, perhaps it is in order for a con- some other Raiders were bogged down by stituent of Jimmy Quillen’s to have the op- Mr. CLINGER. Mr. Speaker, on Thursday, enemy sniper fire on Guadalcanal. Suddenly, portunity to add an additional word of praise September 12, 1996, the House voted on the a bullet hit and mortally wounded one of his and of thanks for the long service of this conference report to the fiscal year 1997 En- buddies, Lt. Jack Miller of Dallas. Transport unique public servant. I enormously appre- ergy and Water Appropriations Act. stood out and made himself a human target ciate this opportunity to do so. I was unable to cast my vote on the con- so the sniper would give up his hiding spot. For thirty-four years, since the summer of ference report as I was granted an official The enemy was soon mowed down and Lt. 1962, when I was fifteen years old, Jimmy leave of absence from House proceedings on Miller avenged. Quillen has been the central political figure This time, Transport’s bravado came at a of Tennessee’s First Congressional District. September 12. Had I been present, I would personal price. He was shot through the have voted ``aye'' on rollcall 413. And for that same thirty-four years, since wrist, and the watch he was wearing became January 1963, a period of time unsurpassed f embedded in skin and bone. It took years for by any serving Republican on Capitol Hill, the fragments to work their way out or be TRIBUTE TO VICTOR MAGHAKIAN Jimmy Quillen has been my Congressman. removed; once, the mainspring was found On legislative issues, particularly on mat- wrapped around an artery. Some pieces never ters of national defense, on the role of the HON. GEORGE P. RADANOVICH emerged. United States as an international guarantor OF CALIFORNIA WILLING TO TAKE A CHANCE and exponent of free markets, free ideas, and IN THE HOUSE OF REPRESENTATIVES Asked why he took that high risk, Trans- free people, and on issues of sound and pru- Tuesday, September 17, 1996 port offered a homely, yet apt, answer: ‘‘It dent tax and fiscal policies, Congressman seems to get you mad. Good and mad. Furi- Quillen has fully and faithfully represented Mr. RADANOVICH. Mr. Speaker, today I ous. You make up your mind you are going the views I have held. would like to give special tribute to Victor to get that so-and-so if it costs you a slug in In the areas of constituent services, no Maghakian, a gentleman who resided in Cali- the belly.’’ American of either party—or of any party or fornia's 19th Congressional District, and who Wounds and risks never daunted Trans- no party for that matter—could have wanted served our great country, until his death in port. During the 1944 battle of Eniwetok, he a better exponent and advocate in dealing 1977. elminated the last four Japanese soldiers on with myriad bureaucrats at home and William B. Secrest, a guest writer for the Mellu Island single-handedly, and rescued a abroad. Those golden bulldogs awarded for Fresno Bee, wrote a wonderful tribute to Mr. platoon by looping around an enemy flank watching the Treasury might equally as well and destroying it with grenades. He also have been given for tenacity in guarding con- Maghakian, and at this time, I would like to saved the life of a young marine who later stituent interests. share it with my colleagues: ended up in Hollywood—Lee Marvin—and be- In Republican political activities, Con- ‘‘TRANSPORT’’ MAGHAKIAN SERVED HIS came the first officer to raise the American gressman Jimmy Quillen has exemplied the COUNTRY WELL AS A MARINE flag on Tinian Island. pragmatic, conservative outlook that for To find the soul of Memorial Day, let us Transport left active duty in 1946, full of generations has characterized the independ- pause from gun salutes and distant trumpets honors: the Navy Cross, two Silver Stars, a ent-minded mountain Republicans of East to recall the life of a great adopted Freeman. Bronze Star and two Purple Hearts. When Tennessee. September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1621 His colleagues, the staffs of various com- decades TEMAS has performed for Spanish- fenses. The NII Protection Act would extend mittees, and the professionals who represent speaking communities throughout the United coverage under the Computer Fraud and every conceivable interest before Congress States. Abuse Act to any computer used in interstate know James H. Quillen as a long-term legis- TEMAS' philosophy, under expert super- lator and effective negotiator. or foreign commerce or communications and I, and countless others whom he had rep- vision and with the collaboration of a distin- thus, would strengthen Federal law enforce- resented throughout his tenure, know him as guished staff, has always contributed to social ment's ability to fight this type of criminal activ- a man who rose from the most meager of cir- peace in our communities, progress and broth- ity. cumstances, as man who answered his coun- erhood within our diverse society. People of all The bill would allow Federal prosecution of try call in time of war and sailed in harm’s ethnic backgrounds invariably find an effective all those who misuse computers to obtain way to the opposite side of troubled globe, and honest fighter for their rights in TEMAS. Government information and, where appro- and as a hard-working legislator. But I have For all this, and much more, I would like to priate, information held by the private sector. had the honor and privilege to know him as more as well. I am proud to have known him publicly congratulate TEMAS and pledge my The harshest penalties would be reserved for as a friend; I have been honored to have him continued support for their efforts. I wish Lolita those who obtain classified information that as my Congressman; and, I will miss him. de la Vega, Ana Maria Perera, their staff and could be used to injure the United States or f TEMAS continued success and good fortune. assist a foreign state. Those who break into a f computer system, or insiders who intentionally G.V. (SONNY) MONTGOMERY DE- abuse their computer access privileges, to PARTMENT OF VETERANS AF- THE INTRODUCTION OF THE NA- steal information from a computer system for FAIRS MEDICAL CENTER TIONAL INFORMATION INFRA- commercial advantage, private financial gain STRUCTURE PROTECTION ACT or to commit any criminal or tortious act would SPEECH OF also be subject to felony prosecution. Individ- HON. Y. TIM HUTCHINSON HON. BOB GOODLATTE uals who intentionally break into, or abuse OF ARKANSAS OF VIRGINIA their authority to use, a computer and thereby IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES obtain information of minimal value, would be Tuesday, September 17, 1996 subject to a misdemeanor penalty. Wednesday, September 11, 1996 The bill would also penalize any person who Mr. HUTCHINSON. Mr. Speaker, last week Mr. GOODLATTE. Mr. Speaker, today I am uses a computer to cause the transmission of we had an opportunity to honor one of our introducing crime legislation which will bring a computer virus or other harmful computer most distinguished colleagues with a truly fit- out criminal code into the computer age. The program to Government and financial institu- ting tribute by renaming the Jackson Mis- NII Protection Act, would strengthen the Com- tion computers not used in interstate commu- sissippi VA Medical Center to the G.V. Sonny puter Fraud and Abuse Act, 18 U.S.C. 1030, nications, such as intrastate local area net- Montgomery Department of Veterans Affairs by closing gaps in the law to better safeguard works used by Government agencies that con- Medical Center. the confidentiality, integrity and security of tain sensitive and confidential information. Mr. Montgomery has given extraordinary computer data and networks. The Senate Computers used in foreign communications or service to this country and has made monu- companion to this legislation, S. 982, has al- commerce would also be covered. mental contributions on behalf of America's ready cleared the Senate and now the House Outside hackers who break into a computer veterans. His service in World War II and later must act to send this legislation to the Presi- could be punished for any intentional, reck- in the Mississippi National Guard shaped a dent's desk. less, or negligent damages they cause. The lifelong commitment to a strong national de- With all the benefits created by the explo- bill also punishes modern-day extortionists fense. As an advocate of peace through sion of computer networks comes a very seri- who threaten to harm or shut down computer strength during some of the greatest threats to ous concernÐnetworked computers also pro- networks unless their demands are satisfied. our country's security, SONNY MONTGOMERY al- vide new opportunities for criminal activity. The NII Protection Act would provide much ways knew that in order for our Nation to face The Computer Emergency Response Team, needed protection for our Nation's important and resist its adversaries, it must treat its de- known as CERT, based at the Carnegie Mel- information infrastructure and help maintain fenders with dignity. He emulated this belief lon University, in Pittsburgh reports that the the privacy of electronic information. I urge during his 14 year chairmanship of the Veter- number of reported intrusions into U.S. based quick action on this important legislation. ans' Affairs Committee and the 25 years of computer systems rose from 773 in 1992 to f vigorous, dedicated work on the Armed Serv- more than 2,300 by 1994Ða 197-percent in- ices and National Security Committees. crease in 2 years. Additionally, CERT reported 20TH ANNIVERSARY OF CHRISTO SONNY MONTGOMERY's legislative record is the number of sites attacked rose more than AND JEANNE-CLAUDE’S ‘‘RUN- one of steady and patient progress, consist- 89 percent during the same period. NING FENCE’’ ently a product of hard work and consensus Once into a computer system, hackers have building. It may fairly be said that he has left the ability to steal, modify, or destroy sensitive HON. LYNN C. WOOLSEY a legacy to America's veterans through his re- dataÐthus the potential costs to users, includ- OF CALIFORNIA lentless efforts to protect, improve, and ex- ing businesses, are staggering. IN THE HOUSE OF REPRESENTATIVES That is why the Justice Department and the pand their benefits and services. Tuesday, September 17, 1996 SONNY MONTGOMERY is a man admired by FBI support this important legislation. It will his peers, cherished by his friends, and deeply help stem the on-line crime epidemic and in- Ms. WOOLSEY. Mr. Speaker, I rise today to respected by all that know him. It has been an crease protection for both Government and commemorate the 20th anniversary of Christo honor to serve with him on the Committee on private computers. and Jeanne-Claude's ``Running Fence, Veterans' Affairs. I strongly support the meas- The NII Protection Act improves the current Sonoma and Marin Counties, CA, 1972±76'', ure to bestow the name of such a remarkable Computer Fraud and Abuse Act by providing which occurred in the district I am privileged to gentleman upon this medical center. additional protection for computerized informa- represent. I wish that I could be present at the f tion and systems, by designating new com- Valley Ford Post Office as we celebrate and puter crimes, and by extending protection to remember this remarkable achievement. 46TH ANNIVERSARY OF TEMAS computer systems used in foreign or interstate ``Running Fence,'' was completed Septem- MAGAZINE commerce or communications. ber 10, 1976 and displayed for 14 days. Marin Current law falls short of protecting our Na- and Sonoma Counties owe a great deal of HON. LINCOLN DIAZ-BALART tion's infrastructure which increasingly relies gratitude for Christo and Jeanne-Claude's tire- 1 OF FLORIDA on computer systems. Although financial insti- less efforts to construct this temporary, 24 ¤2- IN THE HOUSE OF REPRESENTATIVES tutions and consumer reporting agencies are mile-long work of art. In order to realize this currently protected under the Computer Fraud successful collaborative project ranchers and Tuesday, September 17, 1996 and Abuse Act, this bill closes a number of residents, engineers and elected officials, law- Mr. DIAZ-BALART. Mr. Speaker, I rise once loopholes in the criminal code which allow yers and members of the business community, again to commemorate the 46th year of the other industries to fall victims to computer as well as many dedicated workers, came to- first edition of TEMAS magazine, and I would crimes. gether for the purpose of art. like to extend my sincerest congratulations for Since hacker activities generally do not Mr. Speaker, it is my great pleasure to pay the wonderful job that for these more than four cross State lines they are not Federal of- tribute to Christo and Jeanne-Claude and to E1622 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 thank them for realizing the ``Running Fence,'' As a husband to his wife, Stella, and father The virtue and integrity with which John vision in Marin and Sonoma Counties and for to his son, Gary and daughter, Chris he was Renna went about his professional duties car- the wonderful lasting impression they have left a loving, committed family man, who clearly ried over into his active involvement within the us. In fact, it should be noted that a print of put them first. community. As a member of the West Orange ``Running Fence,'' is hanging in my congres- As a businessman he established a name Chamber of Commerce, UNICO National, and sional office in Washington, DC. I appreciate associated with honor and service, not per- Project Heartbeat, John Renna has continually those who are working to remember ``Running sonal gain. given our community his best. The greatest Fence,'' and I extend my hearty congratula- Within the community, although well known, good we can do is not just share our riches tions and best wishes for continued inspiration he was not a sophisticated man, aloof with with others, but to reveal their riches to them- in the years to come. self importance. He was a man who showed selves. Throughout his life, John Renna has f deep care and concern for his fellow man. done exactly that. Seeing needs in the community he was willing The highest service we can provide is will- HONORING THE LIFE AND WORK to step forwardÐbut not for recognition. ingly assisting others, not out of compulsion, OF BERNARD JACOBS Many, many have benefited from Demo but always out of compassion. Throughout his Megaloudis' personal investment in their distinguished personal and professional life, HON. JERROLD NADLER livesÐfrom the crippled and burned children John Renna has always put others ahead of OF NEW YORK helped by the Shriners' Hospital, to the chil- himself. For a career of dedicated service to IN THE HOUSE OF REPRESENTATIVES dren given love and care by the Elk's Harry our community, I am honored to pay tribute to Anna Crippled Children's Home, to those in Tuesday, September 17, 1996 John Renna. need of the Lion's Club projects for the blind f Mr. NADLER. Mr. Speaker, this country lost and those of poor eyesight, to the local Tar- a great American on August 27, when the pon Springs residents of our African-American TRIBUTE TO MARTHA MORGAN president of the Shubert Organization, Bernard communityÐhe was always there to roll up his Jacobs, died at the age of 80. sleeves to do whatever he could. HON. STEVEN SCHIFF A native New Yorker, Bernie Jacobs was a When his father died at the same age Our OF NEW MEXICO graduate of New York University and Colum- Lord decided to take Demos from us, he gave IN THE HOUSE OF REPRESENTATIVES bia Law School. For nearly 40 years, working up his dreams of going to college to run the Tuesday, September 17, 1996 with his partner and friend Gerald Schoenfeld, family cleaning and dry cleaning business. But he helped make the Shubert Organization a that dream stayed with him and instilled in him Mr. SCHIFF. Mr. Speaker, I rise today to re- leader in the theatrical life of the Nation, the importance of education. Thus, Demos member Martha Morgan, who passed away through his profound knowledge and under- worked hard as vice chairman of the St. Pe- last week after a short illness. standing of Broadway as an art and a busi- tersburg Junior College Board of Trustees. He Marty, as she was known to her family and ness. knew the importance of education as life's friends, began her political work back in her The Shubert Organization owns theaters in stepping stone for young people. native New Mexico as a staffer on the Women Philadelphia, Washington, Boston, and Los I personally have lost as fine and loyal a for Nixon campaign in 1968 and the Lujan for Angeles, but on Broadway they are pre- friend as any man could hope to have. Our Congress campaign of 1970. She became eminent. I am proud to say that most of their area and the world are better places for his then Congressman Lujan's district office direc- theaters are in my congressional district. having lived. His legacy of love, kindness, and tor in 1981 and joined my staff as district di- With Bernie Jacobs' leadership, the Shubert purity of heart will live on and hopefully guide rector in 1989. Organization has been instrumental in bringing all of us. She moved to the Government Operations some of the most important American and My Demos, we will miss you. May your Committee in 1993 and was serving, as al- British productions to Broadway, some of memory be eternal. ways, with devotion and skill as Government which have toured nationally and internation- f Reform and Oversight staff, when she was so ally. Bernie Jacobs' championship of the cre- tragically stricken last week. ative community was legendary. As producers, TRIBUTE TO JOHN RENNA Marty is survived by two children, four the Shubert Organization has directly devel- grandchildren, and a host of friends. She will oped and produced shows by many of the HON. WILLIAM J. MARTINI be sorely missed by all of us. leading playwrights, directors, and composers OF NEW JERSEY f of this era. IN THE HOUSE OF REPRESENTATIVES Bernie Jacobs' support for the crafts people KELLY SERVICES, INC. 50TH Tuesday, September 17, 1996 who serve the industry was widely recognized, ANNIVERSARY CELEBRATION and his humanity led him to arrange for chil- Mr. MARTINI. Mr. Speaker, I would like to dren and students to see Broadway shows for pay tribute to a very special individual from the HON. SANDER M. LEVIN free. Eighth Congressional District of New Jersey. OF MICHIGAN He was on the faculty of the Columbia It is often said that those who put the most IN THE HOUSE OF REPRESENTATIVES into life get the most out of life. No one exem- School of the Arts and a longtime trustee of Tuesday, September 17, 1996 the Actors' Fund of America, and he received plifies this axiom better than John Renna. Mr. many awards from theatrical and charitable in- Renna has dedicated his life to public service, Mr. LEVIN. Mr. Speaker, on Monday, Octo- stitutions. and all those he has served are certainly bet- ber 7, Kelly Services, Inc. will celebrate the Mr. Speaker, it is fitting that this man, who ter off for it. In a time when the truly good golden anniversary of their founding. Employ- contributed so much of lasting value to Amer- people of this world often go unnoticed, it is in ees and customers throughout the world will ica, should be remembered and honored. fact people like John Renna who deserve rec- attend events recognizing the 50 years of f ognition. For his years of dedicated service, it business which William Russell Kelly started is my honor to pay tribute to a man who has on October 7, 1946. A major event will take TRIBUTE TO DEMOS MEGALOUDIS been synonymous with assisting the commu- place at the company headquarters in Troy, nities of Essex County. MI. HON. MICHAEL BILIRAKIS John Renna has been a true public servant From first year sales of $847.72 in 1946 to OF FLORIDA since his days with the U.S. Army 50 years current sales of several billion dollars, Kelly IN THE HOUSE OF REPRESENTATIVES ago. Since that time, John has worked his way Services has grown globally with the changing through our State's highest offices, becoming climate of business. From Russell Kelly Office Tuesday, September 17, 1996 the New Jersey Commissioner of Community Service to their World Wide Web site, Kelly Mr. BILIRAKIS. Mr. Speaker, honor is al- Affiars in 1982. In addition to serving under has been at the forefront of change, anticipat- ways most gratifying when it comes from former Governor Tom Kean, John has had two ing their customers' needs and adapting to those who know us best. I rise today to honor stints as the Republican Chairman of Essex serve them. a very close friend, Mr. Demos Megaloudis, County, from 1977 to 1985 and from 1986 to Always a staffing services industry leader, who was taken from us this past Wednesday, 1996. I commend him for honorably and Kelly began expanding to other States in 1954 September 11, 1996. He was a man whose gracefully performing his jobs throughout his and was in all 50 States by 1979. The first life was an example for us all. professional career. international office was opened in Toronto in September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1623 1968, the first European office in Paris in 80 percent of the people residing between THE HOSPITAL SELF-REFERRAL 1972, and new offices continue to open in roughly 2 and 18 miles from Newark Airport. ACT OF 1996 cities around the world. Today there are 1,300 Let me put into context what a 6-decibel de- locations in North America, Europe, Australia, crease means to the average person. By way HON. FORTNEY PETE STARK and New Zealand. ``Temps'' are available to fill of example, many of my constituents impacted OF CALIFORNIA office, labor, technical, scientific, home health by aircraft noise have to cease their outdoor IN THE HOUSE OF REPRESENTATIVES care, legal support, and temporary-to-full time conversations when a plane is overhead. A 6- vacancies. Kelly Services defined the standard decibel decrease will reduce noise enough Tuesday, September 17, 1996 of industry competition by pioneering pro- that most conversations will not be interrupted Mr. STARK. Mr. Speaker, I am pleased to grams for the training, testing, and classifica- when a plane flies over. introduce the Hospital Self-Referral Act of tion of temporary employee skills, enabling As a result of the FAA's long history of re- 1996. them to better serve their clients, both man- sistance to every effort aimed at addressing Previously, I have sponsored legislation that agers and workers. the airplane noise problem over the metropoli- restricts physicians from self-referral because During more than 30 years of leadership, tan region, this legislation includes a contin- this practice leads to overutilization and in- current president and CEO, Terrence E. gency plan in the event the FAA refuses to creased health care expenses. This legislation Adderly has guided the development of a carry out the requirements of this legislation. is designed to rectify a similar problem. proud history. Along the way, Kelly Services Our bill provides legal standing for citizen Today, nonprofit hospitals, for-profit hos- has garnered a whole host of awards, includ- groups in New Jersey and Staten Island to pitals, and large health care conglomerates ing 1988 Detroit Press Michigan Company of sue the FAA to ensure compliance with this have acquired their own posthospital entities the Year, 1990 Forbes Best Business Services act in Federal district court. such as home health care agencies, durable and Supplies Company for the 1990's, Blue No longer will the FAA be able to hide be- medical equipment businesses and skilled Cross/Blue Shield Savings and Service Excel- hind a bureaucratic veil, as they have so ef- nursing facilities so as to refer discharged pa- lence Award, National Displaced Homemakers fectively done in the past, to deny our con- tients exclusively to their own services. As a Network Partners in Change Award, U.S. De- stituents relief from aircraft noise. If the FAA result, many nonhospital based entities have fense Investigative Service James S. Cogswell does not comply with our legislation, they will seen inflows of new patients completely halted Award for Outstanding Industrial Security have to answer to a Federal judge. once a hospital acquires an agency in their Since the inception of the Expanded East Achievement, and Michigan Minority Business service area. Coast Plan in 1987, I and other Members from Development Council Consumer and Commer- The effects of this self-referral trend are New Jersey and New York have tried every- cial Services Corporation of the Year. harmful. Hospitals that refer patients exclu- thing we can think of to get the FAA to face From ``Kelly Girls,'' an icon of the post- sively to their own entities eliminate competi- up to its responsibility to address the real con- World War II era, to the current impressive tion in the market and thereby remove incen- cerns of citizens who have had their homes and diverse array of staffing employees and tives to improve quality and decrease costs. and neighborhoods disrupted by a level of air- services, Kelly Services, Inc. has truly earned Further, hospitals are able to selectively refer craft noise that has diminished their quality of the respect and confidence of people through- patients that require more profitable services life. to their own entity while sending the less prof- out the world. I salute their accomplishments Just last week, the House passed an and join their employees and customers ev- amendment that calls for the establishment of itable cases to the nonhospital based entities. erywhere in this celebration. an aircraft noise ombudsman in the FAA to The nonhospital entity is forced to either raise f represent the concerns of those living with air- prices or leave the market. Worst of all, pa- plane noise. tients have no voice in deciding which entity INTRODUCTION OF THE BI-STATE provides the services. AIRCRAFT NOISE CORRECTION ACT Last November, I presided over a House Aviation Subcommittee hearing where the FAA This legislation remedies the problem by administrator admitted he had no plan to solve leveling the playing field. First, hospitals will HON. BOB FRANKS our aircraft noise problem. be required to provide those patients being OF NEW JERSEY I also introduced legislation moving the FAA discharged for posthospital services with a list IN THE HOUSE OF REPRESENTATIVES eastern regional office from Queens, NY, to of all participating providers in the service area so that the patient may choose their provider. Tuesday, September 17, 1996 Union County so FAA bureaucrats could hear the problem they have created. Second, hospitals must disclose all financial Mr. FRANKS of New Jersey. Mr. Speaker, After nearly a decade of the FAA's acts of interest in posthospital service entities to the today I am introducing legislation, along with duplicity and evasion on this issue, it's be- Secretary of Health and Human Services. In Representatives MOLINARI, FRELINGHUYSEN, come apparent that they never intend to vol- addition, they must report to the Secretary the and MARTINI, entitled the ``Bi-State Aircraft untary take steps to remedy this problem. percentage of posthospital referrals that are Noise Correction Act''. Our bill is directed at That is why our bill is so significant. No made to their self-owned entities as well as to ending the Federal Aviation Administration's longer will our constituents be solely at the other eligible entities. reign of tyranny over New Jersey's and Staten tender mercies of the FAA. Our bill mandates This legislation does not hinder a hospital's Island's skies. a solution. ability to offer its own services. It merely guar- For 9 long years, the FAA has cynically pit- After years of acrimony and bitterness be- antees that all providers will have an oppor- ted the citizens of New Jersey against the citi- tween the FAA and members of the New Jer- tunity to compete in the market. Most impor- zens of Staten Island. The agency deliberately sey and New York delegations, I understand tantly, it guarantees that patients will have sought to convince the residents of Staten Is- that it is unrealistic to expect the FAA to rush choice when selecting their provider. land that the people of New Jersey were the out and embrace our bill. The FAA's first reac- Attached is a letter that typifies the current ones blocking meaningful relief from aircraft tion to our legislation will probably be to kill it problem in the home health services market. noise. In turn, the FAA fostered the perception by working behind the scenes with their allies, IDAHO HOME HEALTH INC, that any reduction in airplane noise over Stat- late at night, leaving no fingerprints. Pocatello, ID, July 24, 1996. en Island would make the problem worse over Instead of playing that cynical, political Re Medicare and Medicaid patient steering. the skies of New Jersey. game, I instead challenge the FAA to sit down D. MCCARTY THORTON, Esq., This cynical ploy was aimed at provoking a with the sponsors of our legislation and hash Chief Counsel, Office of the Inspector General, war between the States, thereby diverting at- out a solution to this problem. I refuse to ac- Washington, DC. tention from the real culprit. Today, for the first cept the FAA's posture that nothing more can We understand you are interested in re- time, our States stand united behind a com- be done to reduce noise in New Jersey and ceiving information about Medicare and Medicaid patient steering. We own a Medi- mon solution. Instead of fighting each other, Staten Island. I suspect more savvy FAA rep- care and Medicaid state licensed home we will be focusing all our energies to compel resentatives know this issue can be worked health agency that began twenty (20) years action by the Government agency that started out amicably and quicklyÐif the will exists on ago, and offer the following examples: it all: The FAA. their part to do it. A. IDAHO FALLS, IDAHO Our bill takes a new approach to this issue Mr. Speaker, I will be working tirelessly, In 1993 we opened a branch office before the by mandating aircraft noise reduction goals for from now until adjournment sine die, to enact local hospital offered home health. We re- the FAA, not specific new air routes. our bill. In the interim, I urge the FAA to ac- ceived Medicare and Medicaid hospital home For New Jersey, our bill directs the FAA to cept my offer to negotiate an end to our dif- health referrals on a regular basis. Once the reduce aircraft noise by 6 decibels for at least ferences. hospital opened their home health agency in E1624 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 1994 our Idaho Falls office has not received a TRIBUTE TO SISTER PATRICIA was not until 1992 that the first active duty single referral from the hospital in more LYONS CW5's were appointed by the Army. One of than three (3) years. We also inquired of the the selectees, Antonio B. Eclavea, a native other home health agencies in the area and son of Guam, holds the distinction of being the they all indicated they too have not received HON. LYNN C. WOOLSEY OF CALIFORNIA first Army warrant officer to be promoted to a single home health referral from the hos- IN THE HOUSE OF REPRESENTATIVES CW5 in the Adjutant General Corps. pital from the hospital for years. Born in Agana, Guam on September 9, In 1995 we were given minutes of a meeting Tuesday, September 17, 1996 1934, CW5 Eclavea first entered military serv- wherein the DNS at the hospital instructed Ms. WOOLSEY. Mr. Speaker, I rise today to ice through the U.S. Air Force. After rising to the nursing staff to refer only to the hos- honor one of my district's most dedicated and the rank of master sergeant, he traded his Air pital’s home health agency. We interviewed caring individuals, Sister Patricia Lyons. Sister Force stripes for warrant officer's bars when and have recorded conversations with post Patricia is being honored for a lifetime of ex- he joined the Army in 1969. hospital home health patients who state emplary service to her community. I wish that For over 34 years, CW5 Eclavea served on they were never given a choice of providers. I could have joined with her colleagues, various posts including tours of duty in Viet- We ever had one of our own employee’s fam- friends, former students, and family last Friday nam, Taiwan, Germany, and the Republic of ily member request our agency upon hospital to celebrate her remarkable accomplishments. Korea. He was also stationed to a number of discharge and they were still admitted to the Over 50 years ago, Sister Patricia founded stateside locations prior to serving as special hospital’s agency. and served as the first director of the Garden assistant to the Chief of Staff of the Army. In addition to completing the Army Adjutant Gen- B. MONTPELIER, IDAHO School at Dominican College in San Rafael. At Garden School, Sister Patricia has introduced eral Course and the Master Warrant Officer We opened our home health agency there generations of youngsters to the joys of math Course, he also received a bachelor of in 1992. The only local hospital opened their and reading, the challenges of computers, and science degree in economics and business home health agency in 1994. Between 1992 the freedom of expression through art. administration from Marymount College in Sa- and 1994 we received hospital referrals on a Through her work for the Garden School, lina, KS. Awards and decorations conferred to regular basis. Since 1994 not another agency which was the first school for early childhood him include, among others, the Legion of in Montpelier, including ours, has received a Merit, the Meritorious Service Medal, the Joint hospital home health referral. education in Marin County, Sister Patricia has touched the lives of over 3,000 children. Service Commendation Medal, the Army Com- C. AMERICAN FALLS, IDAHO Through her work Sister Patricia has in- mendation Medal, and the Army Achievement stilled in her students a sense of social re- Medal. We opened our agency there in 1994. The On Guam, the personal accomplishments hospital opened their home health agency in sponsibility and concern for other cultures, while providing a strong academic base that and success of native sons and daughters are 1995. For nearly two (2) years we received always celebrated and adopted as triumphs hospital home health referrals on a regular ensures their future success. Today her class- room is filled with the children and grand- for everyone in the community. By virtue of basis. Since the hospital opened their agency the great contributions his military career has not another home health agency in Amer- children of former students, and this multigenerational tradition testifies to the love made toward the strength and security of this ican Falls has received a hospital home Nation and by being one of the first to be pro- health referral. and high esteem in which Sister Patricia is held by her community. In addition to numer- moted to the grade of CW5, Antonio B. D. BLACKFOOT, IDAHO ous awards and honors, Sister Patricia has Eclavea has brought great recognition to him- self, the island of Guam, and its people. On We opened our agency there in 1992 and re- been named Marin County's Private School- behalf of the people of Guam, I congratulate ceived regular referrals from the physician master of 1996. owned Blackfoot clinic. In 1995 the doctor Mr. Speaker, it is my great pleasure to pay CW5 Eclavea for his outstanding achieve- owned clinic opened a home health agency. tribute to Sister Patricia Lyons during this spe- ments. I also join his wife, Rose Marie, and Since they opened their own agency, we have cial evening at Dominican College. Marin his sons Johnny, Anthony, Michael, and Mark not received a single home health referral. County owes a great deal of gratitude for the Henry in proudly celebrating his great accom- Each doctor owns more than 5% and each tireless efforts of Sister Patricia. She has long plishments. doctor signs home health certifications. We championed the importance of early childhood f advised HCFA and our intermediary of this education in our community. I extend my TRIBUTE TO HERBERT WEBB, M.D. fact years ago and to date neither has done hearty congratulations and best wishes to Sis- OF EFFINGHAM, IL anything to our knowledge. ter Patricia for continued success in the years E. SODA SPRINGS, IDAHO to come. HON. GLENN POSHARD f We opened our office there in 1993. Between OF ILLINOIS 1993 and 1995 we regularly received hospital TRIBUTE TO ANTONIO B. ECLAVEA IN THE HOUSE OF REPRESENTATIVES referrals. Since Hospital X opened its own Tuesday, September 17, 1996 agency in 1995 we have not, nor has any HON. ROBERT A. UNDERWOOD Mr. POSHARD. Mr. Speaker, it is my pleas- other agency received a hospital home OF GUAM ure to congratulate a constituent of the 19th health referral. IN THE HOUSE OF REPRESENTATIVES Congressional District, who for countless Traditionally, hospitals account for about hours has demonstrated the real meaning of Tuesday, September 17, 1996 thirty to forty (30–40%) of home health refer- selflessness, Dr. Herbert Webb. On Septem- rals for free standing agencies. Our experi- Mr. UNDERWOOD. Mr. Speaker, the De- ber 20, 1996, Dr. Herbert Webb will celebrate ence proves in service areas, where hospitals partment of the Army expects personal and 50 years of service as a physician in the city have opened their own agencies, that figure professional ethics, integrity, confidence, and of Effingham, IL. Not only is Dr. Webb an out- normally decreases to about 0 to 1%. We competence from its warrant officers. In addi- standing doctor, he has been an active mem- have repeatedly tried to correct this situa- tion, they are required to possess tactical ber of the community since 1946. This com- tion through meetings with hospital employ- knowledge, progressive levels of expertise, mitment to the people of Effingham serves as ees. We have written the Governor, the At- and leadership qualities to justify the existence an example to us all. torney General, met with state and national of this tier in the Army rank structure. Dr. Webb began his medical career when congress people. We have written letters to Recent problems stemming from early sepa- he graduated from Sydney College in Virginia HCFA, our intermediary, and the OIG. To rations resulted in the implementation of in 1938. Four years later he received his med- date, no one has offered any assistance. Hos- changes within the warrant officer tier. As part ical degree from the Medical College in Rich- pitals are reimbursed normally twice what of the fiscal year 1992±93 National Defense we receive from Medicare for the identical mond. He entered the U.S. Army in 1942, service. Why the proper authorities fail or Authorization Act, the Warrant Officer Man- serving his country during World War II, and refuse to respond to these facts is unknown. agement Act became law. As a result, the new was honorably discharged in 1946. Had our agency provided the care we would grade CW5 was created in order to keep the Dr. Webb's leadership has elevated him in have saved millions of tax payor dollars. most senior and most experienced warrant of- his career to the point where he now serves Sincerely, ficers in service. as chief of the surgery department and presi- WILLIAM F. BACON, Although the first warrant officers promoted dent of the medical staff in St. Anthony's Me- Vice President and General Counsel. to the rank of CW5 were selected in 1992, it morial Hospital. For many years he has been September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1625 a dedicated member of the Kiwanis Club, the During his 10 years as manager in Provi- charter members of the organization came into American Legion, Elks Club, and the Masonic dence, Mr. Kido has brought a degree of ex- being before El Portal had either its own po- Lodge. To this day he proudly serves as an cellence, and more importantly, a sense of lice station or city hall. In fact, with no other Elder at First Presbyterian Church in pride, to the challenging task of coordinating funding available, the group raised much of Effingham. On top of all these accomplish- the processing of 1 billion pieces of mail each the funding necessary to build such structures. ments, Dr. Webb has successfully raised year. In fact, average overnight delivery serv- These efforts were to be only the beginning seven children. ice in Rhode Island has exceeded the national of their community activism. Over the years, In Effingham, and in the thousands of Amer- average over the last seven quarters. they raised moneys to build the Little River ican communities just like it across the Nation, Today, I ask my colleagues to join me in Youth Center and to erect closing gates along being a doctor is a tremendous responsibility. paying tribute to Mr. Kido's exemplary service. the railroad tracks which run through their vil- I'm sure Dr. Webb knows most everyone in He will be greatly missed as the Providence lage. town on a first-name basis, and can remember district manager, and I wish him all the best as In the 1960's, they began fundraising to the various ailments and maladies which were he embarks upon a new phase of endeavors. support the fight against cancer and heart dis- treated through a timely prescription or per- f ease. They gave to the Girl Scouts and cre- haps just a comforting word at the bedside. ated student loans for area schoolchildren. He has watched children grow from infants TRIBUTE TO ALBERTA MARTIN, They assisted handicapped children. They who babble in church to adults who serve as AMERICA’S LAST CONFEDERATE even began their own crimewatch. deacons in their congregation. Sharing a WIDOW In 1976, as America celebrated its bicenten- friendly greeting with the local merchant or po- nial, the women's club celebrated, too, with its lice officer and helping a little boy or girl con- HON. TERRY EVERETT now legendary patriots in petticoats program. quer the fear of stitches or shots have been OF ALABAMA Emphasizing the history of the flag of the Unit- the rule for Dr. Webb, not the exception. As a IN THE HOUSE OF REPRESENTATIVES ed States, patriots in petticoats performed doctor in Effingham, Dr. Webb is respected by over 80 shows for local citizens and dig- Tuesday, September 17, 1996 his community, which appreciates the labor of nitaries. love he has invested in them. Mr. EVERETT. Mr. Speaker, I would like to To this day, the women's club continue its It is with great pride that I have the oppor- pay homage to a very special lady who is a noteworthy work, especially on behalf of area tunity to honor Dr. Webb for his many years unique bridge to our Nation's past, Mrs. Al- children and needy. of dedicated service to the people of berta Martin. Mrs. Martin is America's only Today I applaud the members and past Effingham. It is not often we find a hard-work- surviving Confederate widow. presidents of the women's club who are today ing public servant such as Dr. Webb, who for A resident of the city of Elba in my home joined with many former mayors, countless hours has strived to make our com- county of Coffee in Alabama, Mrs. Martin is councilmembers, and police chiefs. Your work munity a better place. For all his service to our the widow of the late William Jasper Martin, for these many years will not be forgotten. community, I ask that you join me, Mr. Speak- who served in the 4th Alabama Infantry from You have shown your pride for El Portal. er, in congratulating Dr. Herbert Webb. May 1864 to April 1865 defending the Confed- Today, it is El Portal which is proud of you. f erate States of America. f Private Martin, then just 18, served in the TRIBUTE TO WALLACE KIDO 4th Alabama in the final days of the Civil War. ARNOLD ALDERMAN HONORED He and his comrades marched to meet the FOR WORK WITH BOY SCOUTS HON. JACK REED forces of Gen. Ulysses S. Grant in Virginia, OF RHODE ISLAND and he was 1 of only 202 members of his HON. ROSA L. DeLAURO IN THE HOUSE OF REPRESENTATIVES 1,400-man infantry to return home. OF CONNECTICUT In 1927, Alberta Martin at the age of 20 Tuesday, September 17, 1996 IN THE HOUSE OF REPRESENTATIVES married her Confederate veteran husband. Tuesday, September 17, 1996 Mr. REED. Mr. Speaker, I rise today to take They were married 5 years until he passed this opportunity to congratulate and recognize away in 1932. Ms. DELAURO. Mr. Speaker, on Thursday, the distinguished career of Wallace Kido, the In recognition of Alberta Martin's unique sta- September 19, 1996 the Quinnipiac Council manager of the Providence district of the U.S. tus as America's only remaining Civil War Boy Scouts of America will hold their annual Postal Service. In that capacity, Mr. Kido is re- widow, the city of Elba is hosting a day in her Good Scout Award Dinner in honor of Arnold sponsible for serving postal customers honor on September 24. Mrs. Martin is a living J. Alderman. I am delighted to rise today to throughout the State of Rhode Island and tribute to the memory of America's and Ala- honor Arnold and the enormous contributions southeastern Massachusetts, a region gener- bama's history. he has made to scouting and the New Haven ating revenues in excess of $440 million. I salute Mrs. Alberta Martin and wish her community. Sadly, after 32 years of exemplary public serv- many happy years of life at home in historic The Good Scout Award is given annually to ice, Mr. Kido has announced that he will be Coffee County, AL. an individual who embodies the spirit of scout- retiring early next year. f ing. In both his business and professional life, During his tenure with the Rhode Island of- the recipient must display integrity and a com- fice, Mr. Kido has been a good friend and an HONORING THE EL PORTAL WOM- mitment to serving and helping others. Fur- effective representative of the U.S. Postal EN’S CLUB ON THEIR 50TH ANNI- ther, the Good Scout Award recipient must al- Service. His career with the U.S. Postal Serv- VERSARY ways be an inspiration and example for our ice began back in 1964, when he started as youth. Arnold Alderman is such a person. a clerk in San Francisco. HON. CARRIE P. MEEK For over 60 years, Arnold has been person- Since then, Mr. Kido has taken on a series OF FLORIDA ally involved with scouting. He has served as of increasingly higher positions and assign- IN THE HOUSE OF REPRESENTATIVES scoutmaster of Troops 41, 62, 18, 52, 101 and ments, including director of the Office of has led Troop 41 of New Haven for more than Human Resources at Postal Service head- Tuesday, September 17, 1996 25 years. During this time, he has received quarters. Mr. Kido joined the Providence Post- Mrs. MEEK of Florida. Mr. Speaker, I rise the Scoutmaster's Key, Order of the Arrow, al Service in 1986 as general manager-post- today, September 17, 1996, to recognize the Shofar Award, Silver Beaver Award, Silver An- master. Prior to his appointment, Mr. Kido achievements of the El Portal Women's Club telope Award, Distinguished Eagle Award, and earned a master's degree from the Massachu- on the occasion of their 50th anniversary. For was selected as a Baden Powell Fellow. Ar- setts Institute of Technology, where he rep- half a century, its members and their friends nold is frequently referred to as ``Fearless resented the Postal Service in the Alfred P. have worked to make the village of El Portal Leader'' by the more than 1,000 boys he has Sloan Fellows Program. a better place in which to live. served as scoutmaster for. This nickname Mr. Kido's duties as Providence district post- In 1946, soon after the end of World War II, makes clear the respect and affection his master include managing 195 post offices, 3 national optimism ran high. Men and women troops feel for him. processing and distribution plants, and almost were uniting to forge a new homefront and Arnold carries his genuine concern for peo- 9,000 employees. His remarkable energy and community pride meant to them a great deal. ple into his personal life as well. He has gen- commitment to the task makes what he does It was at this time that the El Portal Women's erously given his time, talents, and so much of seem effortless. Club set out on their great adventure. The 200 himself to the people of New Haven. He has E1626 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 been involved with the Jewish Home for the East Bay. Thus, the Hong Fook Adult Day to establishing the Elder Citizens' Security Aged, the Christ Episcopal Church Community Health Center was established and is now Councils which offers senior citizens freedom Soup Kitchen, Inc., the Easter Seal Goodwill presently located at a state-of-the-art facility in from fear in their daily activities. Mr. Bloom Industries, the New Haven Jewish Federation, a senior housing project in the heart of China- has also received numerous civic and profes- the New Haven United Way, the New Haven town. sional awards throughout his illustrious career Jewish Community Center, the New Haven Dr. Cheung has accepted a position to which include the gold lifetime badge award Colony Historical Society, and the New Haven teach in a university in Hong Kong. Together from the Police Athletic League, the medal of Citizens Action Committee. Arnold clearly em- with his wife, Natalie and their three children, honor award for distinguished performances in bodies the ethic of service to individuals and Vincent, Vivian, and Valerie, they have taken community activities, and man of the year in the community that scouting seeks to instill in a new challenge. Though Dr. Cheung and his two different years for helping bring poor emi- young people. Young people learn values by family will be missed, his contribution toward grants to the United States. Mr. Bloom is also watching the adults around them. For this rea- improving the quality of life for the people of a member of the Princeton University Club, son, the example Arnold provides to the the East Bay will be a constant reminder of his Phi Delta Kappa, Who's Who in American scouts in his troops is invaluable. dedication and commitment toward social eq- Education, Who's Who in Finance and Indus- I am pleased to join the Quinnipiac Council uity and justice. try, and the American Institute of Certified Boy Scouts of America in honoring Arnold Al- f Public Accountants. derman. Congratulations on this well-deserved Mr. Speaker, it is truly heartwarming to see recognition. HONORING STEWART COCHRANE the fine work that Morris Bloom is responsible f for and to know that there are people who still HON. MARCY KAPTUR believe in helping others and giving back more TRIBUTE TO DR. FERNANDO CHIU OF OHIO to society than was given to them. Mr. Morris HUNG CHEUNG, EXECUTIVE DI- IN THE HOUSE OF REPRESENTATIVES Abee Bloom should be applauded for his ef- RECTOR, OCCC Tuesday, September 17, 1996 forts and serve as a model for us all to emu- late. HON. RONALD V. DELLUMS Ms. KAPTUR. Mr. Speaker, I rise today to f OF CALIFORNIA pay tribute to the life of Toledo area business IN THE HOUSE OF REPRESENTATIVES and political leader Stewart Cochrane. Stu TRIBUTE TO THE U.S. MERCHANT passed away in August, after a valiant strug- MARINE IN WORLD WAR II Tuesday, September 17, 1996 gle against illness. Mr. DELLUMS. Mr. Speaker, I rise to pay A World War II veteran, Stu returned home HON. ROBERT K. DORNAN tribute to Dr. Fernando Chiu Hung Cheung, to Toledo and established his own business. OF CALIFORNIA executive director of the Oakland Chinese He gave his services to many civic and com- Community Council [OCCC]. His commitment, munity groups, including Inverness and Bel- IN THE HOUSE OF REPRESENTATIVES hard work, and concern for the welfare of im- mont Country Clubs, Huntington Bank, the To- Tuesday, September 17, 1996 migrants extends beyond the Chinese commu- ledo Club, the Reynolds Corners Rotary, and Mr. DORNAN. Mr. Speaker, December 7, nity. Though he appears rather quiet and mild the Lincolnshire Association. He served as a 1996, marks the 55th anniversary of the Japa- mannered, Dr. Cheung is a fierce defender of village councilman for 20 years in Ottawa nese attack on Pearl Harbor. One group of those in need. He has personal knowledge of Hills, a suburb of Toledo, eventually serving Americans who sacrificed enormously in sup- being an immigrant seeking a better life and as the village's police commissioner. He com- port of the war effort haven't enjoyed the willing to make great sacrifices. pleted his public service as the village's mayor same recognition accorded to members of the Dr. Cheung was born in Macao and came to for 3 years. Throughout his long career of big five Services at the time, of course, there the United States in 1981. He finished his public service, he strove to put the needs of were fewer services than exist today. The masters in social welfare at the California the community first, always doing so with an merchant marine, those brave Americans who State University, Fresno in 1983. In 1988 he enthusiasm, gusto, and sense of humor that protected shipping during the war, earned the became the executive director of OCCC and filled entire rooms with energy. respect of their countrymen as a result of their pursued higher education, receiving his Ph.D. Committed to his community, Stu's pres- participation in some of the most treacherous in social welfare in 1990. ence will be missed by us all. We extend our missions undertaken by U.S. forces. Dr. Cheung's leadership was instrumental in sympathy to his wife, Sally; daughter, Paula; During the War, some 6,795 merchant sea- the expansion of programs and services of son, John; and sister, Bette; and his extended men, out of a total of 250,000, lost their lives OCCC. Indicative of his exceptional manage- family and friends. Stu made a difference and at sea in defense of this Nation. In tribute to ment ability and commitment to the goals and made us better by believing in us. Godspeed. merchant marine seamen, I ask unanimous values of the social work profession, OCCC f consent to enter into the RECORD the following received the prestigious award of excellence TRIBUTE TO MORRIS ABBE BLOOM remarks prepared by Sollie Hakam, a member in management from Chevron Corporation and of the U.S. merchant marine veterans World the Management Center in 1989. Despite the War II. The U.S. merchant marine has earned adverse funding environment Dr. Cheung HON. FRANK PALLONE, JR. this Nation's gratitude: maintained a steady 12 percent growth rate in OF NEW JERSEY The Japanese attack on Pearl Harbor, De- the agency budget. He initiated program eval- IN THE HOUSE OF REPRESENTATIVES cember 7, 1941, found the U.S. Merchant Ma- uation and accountability systems to ensure Tuesday, September 17, 1996 rine totally unprepared for the task it was improved service delivery and quality service. called on to undertake. In order to supply Dr. Cheung's perspective on social work Mr. PALLONE. Mr. Speaker, I would like to our troops and allies around the world, ship and social justice was not limited by the take this opportunity to honor a constituent of yards on both the East and West Coasts went boundaries of the community his agency the Sixth Congressional District of New Jer- on a crash building program. They turned served. He provided leadership in advocacy sey. Morris Abbe Bloom, a man who has do- out Liberty and Victory ships, Oil Tankers, for equal access to health and human services nated many years of service to charitable ef- Troop Carriers and many other types of ves- sels necessary to carry supplies and arms to as the chair of the Multicultural Multilingual forts, has unselfishly served the New Jersey our fighting forces around the world. A total Oversight Committee for the County of Ala- shore community. of approximately 6,000 ships were built and meda. His belief in the politics of collaboration It is with great honor that I pay tribute on manned by 250,000 merchant seamen. to influence and develop public policy resulted this day September 17, 1996, to Mr. Morris At the height of World War II, 15,000,000 in a cross-cultural collaboration among Asian, Bloom. Since the beginning of his career as women and men were in the armed forces of Hispanic, African American, and Native Amer- the supervisor of education for the city of Long the United States. They were located on all ican communities to work with local, State, Branch in 1939 to his present position as five continents, North America, South Amer- and Federal governments and with private cor- chairman of the Board of the Drug Rehabilita- ica, Europe, Asia and Australia. As our troops were landing on the shores porations to ensure an accurate census count tion Institute, Mr. Bloom continues to touch the and beaches around the world, they did not of traditionally undercounted populations. lives of all who know of and work with him. find accommodations to house them or res- Dr. Cheung worked with the County of Ala- His many community activities range from taurants to feed them. Right behind them, meda to develop and expand a major adult assisting children from broken homes to es- however, was an armada and Army Engi- health care program for Asian seniors in the tablishing funds and scholarships for students neers to set up housing and eating facilities. September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1627 In short, care of and for our troops. Also on for his innovation and commendable leader- games. In particular, I would like to recognize these merchant ships were supplies and arms ship. several local businesses which played a par- to complete the job of winning the war. f ticularly important role in helping finance these It staggers the mind to think of 674 ships being sunk by enemy torpedoes and gun fire! Olympic Games. Delta Airlines, Coca-Cola, TRIBUTE TO THE GREATEST BellSouth, Home Depot, UPS, and 6,795 merchant seamen lost their lives, not to GAMES EVER mention those lost by the Navy Armed NationsBank all stepped up to help the home Guard, who also sailed on those merchant town stage this great event. ships. They all lie in watery graves. HON. JOHN LEWIS However, the Olympic games were not the Our organization, the U.S. Merchant Ma- OF GEORGIA only great event to come to Atlanta this sum- rine Veterans of WWII, was formed to honor IN THE HOUSE OF REPRESENTATIVES mer. The opening ceremonies of the 10th these men and insure the world does not for- Paralympic games followed less than 2 weeks get them or the lessons of WWII. The Lane Tuesday, September 17, 1996 Victory ship is a living memorial to them. after the closing ceremonies of the Centennial Mr. LEWIS of Georgia. Mr. Speaker, I take Olympic games. Under the guidance of Andy Many generals and admirals have given this time to pay tribute to the 1996 Olympic high praise to the Merchant Marine branch Fleming, the Paralympic games were as much of the armed forces for a job well done. and Paralympic games, and to thank all the a success as the Olympic games and an in- We Merchant Marine survivors of WWII people who made these games a tremendous spiration to us all. can stand tall and proud for the contribu- success. I would like to thank all the staff and volun- tions we made to bring WWII to a close! The 1996 Olympic games were the largest teers of APOC, the Atlanta Paralympic Orga- f athletic event ever. For the first time in history, nizing Committee, for their work. In fact, athletes from every country in the world came HONORING DR. RICHARD JANEWAY APOC and Atlanta did such an excellent job of to Atlanta to participate in the games. Two promoting athletics among the disabled that AND THE BOWMAN GRAY weeks after the close of the Olympic games, SCHOOL OF MEDICINE the Paralympic Organizing Committee is con- Atlanta hosted the 1996 Paralympic games, sidering moving to Atlanta. the second largest athletic event in history. Several local businesses generously contrib- HON. RICHARD BURR Each was a great success. uted to the Paralympics. NationsBank spon- OF NORTH CAROLINA Over 3 billion people, from throughout the sored the torch relay, and Shepherd Spinal IN THE HOUSE OF REPRESENTATIVES globe, watched the Centennial Olympics in At- Cord Center and Delta were major corporate lanta. I would like to thank three individuals, Tuesday, September 17, 1996 sponsors. three Atlantans, for bringing these Games to With the help of these people and organiza- Mr. BURR. Mr. Speaker, I rise today in sup- Atlanta and helping making the 1996 Olympics tionsÐand many othersÐAtlanta staged the port of a true example of technological innova- the greatest Olympics ever: Billy Payne, Andy greatest Olympic games ever, and the great- tion and disease prevention. I've just returned Young, and A.D. Frazier. Through their dedi- est Paralympic games ever. Congratulations to from the introduction of an interactive World cation and hard work, they gave Atlanta the Atlanta on hosting the greatest athletic events Wide Web site that calculates nutritional value opportunity to host the Olympics and show the in history. Congratulations and thanks to all of an individual's diet. This technological inno- world what the Atlanta, capital of the New those who helped make these games a tre- vation created by the Bowman Gray School of South, could accomplish. mendous success. Medicine makes it possible for anyone with These three individuals could not put on the f access to a computer to live a longer, Olympics by themselves. I would like to thank healthier life. Diet is often the first step in ef- the staff of ACOG, the Atlanta Committee for REMEMBER AMERICA’S fective health care and Dr. Richard Janeway the Olympic Games, and the hundreds and PRISONERS OF WAR from Winston-Salem, North Carolina has been thousand of volunteers who gave their time to a leader in the effort to learn more about the make sure the games were a success. HON. MICHAEL BILIRAKIS relationship between what we eat and how we In addition, the Federal, State, and local OF FLORIDA feel. governments all contributed to these Olympic Dr. Janeway was the Dean of Wake Forest games. President Clinton, and especially Vice IN THE HOUSE OF REPRESENTATIVES University's Bowman Gray School of Medicine President GORE, ensured that the Federal Tuesday, September 17, 1996 for 25 years before deciding to hand over the Government did all it could to help the Olym- Mr. BILIRAKIS. Mr. Speaker, I commend to reigns to his successor. However, being a pic games. I would like to thank two people in my colleagues the following speech which I man of hard work and strong moral character, the Clinton administration in particular for their will give on Friday, September 20: Dr. Janeway plans to continue his service by contributions to the Atlanta Games: Mack Good afternoon everyone. I am pleased and taking on the duties of the first distinguished McLarty, Chairman of the White House task privileged to be here to commemorate na- professor of health care management. force on the Olympics and Paralympics; and tional POW/MIA Recognition Day. I would Under his leadership, Bowman Gray Medi- Carol Roscoe, Special Assistant to the Presi- like to thank Jack Kinny for inviting me to cal School has emerged as one of the most dent on Domestic Policy. Georgia Governor speak to you today. respected and prominent medical schools in Zell Miller and Atlanta Mayor Bill Campbell As we commemorate national POW/MIA the Nation, leading the country in research, both dedicated much time and effort to help Recognition Day, it is appropriate that we academics, and treatment. Bowman Gray has ACOG prepare for and stage the Olympics. pay homage to those Americans who were taken prisoner and have since returned, and also become the Nation's top resource for in- Federal Transit Administrator Gordon Linton, those who are listed as missing in action and formation regarding the link between nutrition working with cities throughout the United presumed dead. and disease. Due to his diligence and persist- States, helped provide the buses that were es- It isn’t easy to wear the uniform of one’s ence, Bowman Gray has also recently become sential for transporting the athletes, the press, country. No one knows that better than a one of the top employers in Forsyth County by and other Olympic guests. MARTA, the Metro- former prisoner of war. All those who have providing 10,400 jobs for hard-working Ameri- politan Atlanta Regional Transportation Au- been POW’s know the true meaning of free- cans. thority, not only provided 24-hour transpor- dom and have paid a tremendous price for But I know Dr. Janeway best as a good tation service to spectators, but coordinated the liberty we all cherish. Their service and sacrifice, and that of their fellow veterans, neighbor and a strong leader in North Caro- most of the Olympic's transportation system. make possible our way of life. lina. He was one of the founders of Leader- I also would like to thank all the law en- Throughout the history of the United ship Winston-Salem and served on two sub- forcement personnel that provided for the States, in six major wars spanning 219 years, committees for the Winston-Salem Founda- safety of the athletes and the spectators. At- more than 500,000 Americans have been tion. He was elected to the Winston-Salem/ lanta Police Chief Beverly Harvard and the en- taken prisoner. Each of these courageous Forsyth County board of education and served tire Atlanta Police Department, the Georgia men and women has experienced horrors un- there as chairman of the policy committee and National Guard, the Georgia Bureau of Inves- imaginable in the annals of civilized exist- he has also been recognized by the United tigation, the State Patrol, the Secret Service, ence. Most endured long-term deprivation of freedom, the loss of human dignity, and Way for his community services as the recipi- the FBI, emergency management personnel, many today continue to experience pro- ent of the Alexis de Tocqueville Volunteer and the Department of Defense all contributed longed battles with various disabilities. Leadership Award. in this effort. How can we possibly acknowledge their Dr. Janeway has been a good friend to Members of the business community also sacrifices or their memories in the context North Carolina and I would like to thank him came together to promote the Atlanta Olympic of how they survived or how they perished? E1628 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 1996 National POW/MIA Recognition Day pro- of this bill were finally enacted into law with HONORING MARY JANE HAASE vides us with a limited comprehension of the passage of the Defense Authorization Act. terror that these great Americans endured in Unfortunately, the gains that were made service of their country. While we can never just a few months ago, have been mitigated HON. ANDREW JACOBS, JR. fully comprehend the suffering they experi- in the 1997 Defense Authorization Act, H.R. OF INDIANA enced, we must respect their unwavering 3230, which was recently approved by Con- IN THE HOUSE OF REPRESENTATIVES dedication to life. gress. This bill includes provisions that Tuesday, September 17, 1996 Despite the suffering inflicted upon them, make the statutes enacted earlier this year American POW’s have demonstrated an un- substantially less rigorous and restrictive. Mr. JACOBS. Mr. Speaker, from the Du- failing devotion to duty, honor and country. As a long-time activist on the POW/MIA buque Telegraph Herald, I place in the Their service helped preserve our freedom issue, I am extremely disappointed by this RECORD the obituary of the distinguished Mary through two World Wars, regional conflicts latest turn of events. Therefore, I became an Jane Haase whose son, David Haase, in turn, of the cold war era and since. They have original cosponsor of H.R. 4000, legislation is among the most distinguished of American given more than most Americans will be which was introduced by Representative Journalists: called upon to give for their country. Dornan on August 2, 1996. This bill restores An inscription of a World War II cemetery the provisions of the Missing Service Person- MARY JANE HAASE reads: nel Act which will be repealed upon the en- Services for Mrs. C.L. ‘‘Larry’’ (Mary Jane) Haase, 73, 1495 University Ave., formerly of When You Go Home actment of H.R. 3230. 1275 Atlantic St., will be at 10 a.m. Wednes- Tell Them of Us and Say H.R. 4000 is supported by all major veter- ans organizations and POW/MIA family orga- day at Nativity Catholic Church. For Your Tomorrow Burial will be in Mount Calvary Cemetery. We Gave Our Today. nizations including, the American Legion, the Disabled American Veterans, the Na- Friends may call from 2 to 9 p.m. Tuesday at In the Revolutionary War, more than 20,000 tional Vietnam Veterans Coalition, the Ma- Behr Funeral Home, 1491 Main St., where the Americans were taken prisoner and 8,500 of rine Corps League, Vietnam Veterans of Catholic Daughters of the Americas, Court them died in captivity. America, the Korean and Cold War Families 1287, will recite the rosary at 4 p.m. and During the Civil War, an estimated 194,000 Association and the National Alliance of there will be a parish wake service at 8 p.m. Union soldiers and 214,000 Confederates be- POW/MIA Families. Mary Jane was born on May 1, 1923, in came prisoners of war. Between the North The bill has 255 cosponsors and was re- Louisburg, Wis., daughter of Phillip and Ger- and the South, 56,194 Americans died in cap- cently approved by the National Security trude (Brandt) Larkin. She died of leukemia tivity, mostly from disease. Committee by a vote of forty-five to zero. at 4:25 p.m. Saturday, July 13, 1996, at home. In World War I, 4,120 Americans were taken You can be certain that I will work with my She married C.L. ‘‘Larry Haase on Dec. 27, prisoner—147 of them died in captivity forc- colleagues to secure the passage of this im- 1945, at St. Joseph’s Catholic Church, ing a third Geneva Convention covering the portant legislation. Sininawa, Wis. humane treatment for prisoners of war. Recently, the board of commissioners for She was a graduate of St. Clara Academy, No one could ever perceive or comprehend Pasco County passed a proclamation rec- Sinsinawa. She was an active member of Na- the absolute barbaric treatment American ognizing and expressing its gratitude to tivity Parish and its rosary society. She was prisoners experienced in World War II, espe- those who have sacrificed their freedom in a daily attendee at Mass, a sacristan, money cially at the hands of the Japanese. In the service of our country. The commission counter and funeral dinner provider as well Pacific, 11,107 Americans, or 40 percent of pledged to do all it could to ascertain infor- as a worker at many parish functions. She those taken prisoners died in captivity. In mation regarding the well-being of any was an active volunteer at Nativity School contrast, of the 93,941 taken prisoner in Eu- Pasco County resident who has been declared and was a Mercy Health Center volunteer. rope, all but 1,121, or 1 percent, were re- missing in action or taken prisoner and to She was a member of the Catholic Daughters leased. act to ensure their safe return. I understand of the Americas, Court Dubuque 1287, the St. Once again, outrage prompted the world there is an effort under way to have similar Francis of Rome Mothers’ Club; American community to pass four new Geneva Conven- proclamations approved by other counties Legion Auxiliary; and the Linn County Ca- tions. In August 1949, the new treaty across Florida and the Nation. bane Unit of the 40 & 8 Society. Mary Jane strengthened the former ones by codifying We have a responsibility to determine to knew the true meaning of hospitality—her the general principles of international law the fullest extent possible the fate of our heart and her home were open to everyone. governing the treatment of civilians in war- missing personnel and to share that informa- Surviving are her husband, C.L. ‘‘Larry’’ time. Included in that treaty was a pledge tion with next of kin. A service member de- Haase; three daughters, Yvone H. ‘‘Bonnie’’ ‘‘to treat prisoners humanely, feed them ade- serves to know that we will do everything in (Edward) Ciszczon, of Phoenix; Kathy A. quately, and deliver relief supplies to them.’’ our power to account for their whereabouts Scremin, of Dubuque, and Michelle M. (Gary) Additionally, prisoners of war would not be if he or she is reported missing. Therefore, I Becker, of Asbury Iowa; two sons, David L. forced to disclose more than minimal infor- want to commend the members of Florida (Elizabeth) Haase, of Springfield, Va., and mation to their captors. VETPAC who initiated the proclamation and Mark P. (Barbara) Haase, of Ridgecrest, These new provisions were soon tested dur- the Pasco County board of commissioners for Calif. 12 grandchildren, Brian, Heather and ing the Korean war where 8,177 Americans their actions. Anne Ciszczon, Richard and Alexandra were classified as missing in action, and an- Recently, we lost a great American and a Haase, Gretchen, Marc and Sara Scremin, other 7,140 were identified as prisoners of patriot, Jimmy Young, who was committed Adam and Jacob Haase and Abby and Andrew war. Between April and September 1953, a to resolving the fate of our missing service Becker; a sister, Shirley A. (Donald) Feld- total of 4,418 POW’s were released by the members. He played an important role in the man, of Dubuque; and five brothers, Kenneth Communist Chinese, leaving 2,722 Americans passage of this POW/MIA proclamation. With P. (Mary) Larkin, of Las Vegas, Norman P. unaccounted for. Five months later, in Feb- his wife Maria, his family and fellow veter- (Eunice) Larkin of Cuba City, Wis., Eugene ruary 1954, the United States declared the re- ans, I mourn the passing of a fine military L. (Delma) Larkin, of Kankakee, Ill., Ronald maining 8,177 Americans missing and pre- veteran, and I salute his memory. V. (Jackie) Larkin, of East Durbuque, Ill., sumed dead. I also want to commend those of you here and Patrick H. (Treasure) Larkin, of Free- Perhaps more than any war, Vietnam con- who have also made the fate of our missing port, IIl. tinues to illustrate the complexity of the service members a matter of personal con- She was preceded in death by three sisters, POW/MIA issue. In 1973, the Pentagon listed cern. Gaining the fullest possible accounting Kathleen and Bernice Larkin and Mrs. Vin- almost 3,100 Americans as POW/MIA’s. In for our MIA’s must be a high national prior- cent (Geraldine) Vosberg; and a brother, April 1973, 591 Americans were released by ity, not just in word, but also in deed. Your Leonard Larkin. the North Vietnamese. Currently, 2,146 efforts have brought America’s missing to A Mary Jane Haase Memorial Fund has Americans are still missing and unaccounted the forefront of the Nation’s conscience— been established. for from the Vietnam war. which is just where they should be. f For more than 20 years, the families of National POW/MIA Recognition Day allows those men classified as missing in action us to keep the memories of our missing serv- FEDERAL AVIATION have suffered the anguish of now knowing ice members alive and it serves as a poignant AUTHORIZATION ACT OF 1996 whether their sons, their fathers or husbands reminder of the sacrifice and commitment of are alive or dead. all the American men and women whose pa- HON. TOM DeLAY Throughout my congressional career, I triotism has been tested by the chains of have cosponsored numerous pieces of legisla- enemy captivity. OF TEXAS tion designed to resolve this issue once and Their experiences underscore our debt to IN THE HOUSE OF REPRESENTATIVES for all. The 1996 National Defense Authoriza- those who place their lives in harm’s way Tuesday, September 17, 1996 tion Act codified and made more rigorous and stand willing to trade their liberty for the policies and procedures for the account- ours. As a nation, we must always remember Mr. DELAY. Madam Speaker, I rise today in ing of military personnel who are missing. the sacrifices made by Americans who were support of the Airport Privatization Pilot Pro- As a cosponsor of the Missing Service Per- captured and returned home as well as those gram, which was included as part of H.R. sonnel Act, I was pleased that the provisions still listed as missing in action. 3539, the FAA Authorization Act of 1996. September 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1629 I would first like to thank our Chairman, Mr. emphasize, it does not create any new oppor- tract new businesses to a community. The SHUSTER, and the Aviation Subcommittee tunities for airport revenue diversion. quality of an area's airport is a key factor for Chairman, JIMMY DUNCAN, for their foresight Cities and counties should have the discre- companies looking to relocate or build new fa- and strong leadership on the issue of airport tion to consider airport privatization as a cilities. Airport privatization can be a tool for privatization. Because of Chairman DUNCAN's means to fund needed capital improvements State and local governments to make capital hard work, the legislation which we are con- and promote economic development. It is and operating improvements at an airport with- sidering today includes an airport privatization clear that federal airport development re- out further burdening the taxpayers. pilot program which provides for a limited test sources will be limited. And, many cities need Second, airport privatization can increase of airport privatization. to create new capacity at their existing airports property, sales, and income tax revenues. The to meet surging demand for air services, cre- sale of an airport facility adds a valuable piece I believe that local and State governments ating pressure on cities and counties to con- of realty to the local property tax base. And, should have the discretion to consider airport sider alternative sources of capital. the new jobs and retail sales created at a pri- privatization. I also understand, however, that At the same time, there are well-capitalized, vately-operated airport will increase income some airport users are skeptical about the pri- experienced American companies looking for and sales tax receipts. vate ownership of airports. This airport privat- opportunities to invest in domestic airport fa- Third, cities and counties may recover their ization pilot program has been carefully craft- cilities. But, as is the case far too often, the capital and operating investments in an airport ed to address these concerns by permitting Federal Government is standing in the way. facility from the proceeds of an airport sale or the privatizationÐby sale or long-term leaseÐ Cities and counties do not have the discretion, long-term lease transaction. of up to six airports, while explicitly protecting because of outdated Federal policies, to even For all of these reasons, I believe that the the interests of the airport users and the Fed- consider private sector solutions to fund other- airport privatization pilot program will provide eral Government at each privatized facility. wise unaffordable airport capital improvements for a meaningful test of airport privatization, The pilot program protects the airlines and and bring market-driven management effi- permitting a limited number of State and local general aviation from undue price increases at ciencies to their facilities. governments the discretion to employ innova- a privatized airport by capping rates and State and local governments should have tive management solutions to help meet their charges at the rate of inflation. It explicitly pro- the discretion to consider airport privatization infrastructure needs. Again, I commend Chair- hibits discriminatory access policies, safe- as a means for promoting economic develop- men SHUSTER and DUNCAN for their hard work guarding general aviation users. And, I must ment. First, airport privatization can help at- on this measure. Tuesday, September 17, 1996 Daily Digest

HIGHLIGHTS Senate passed Energy and Water Development Appropriations Con- ference Report. House passed H.J. Res. 191 Conferring Honorary U.S. Citizenship to Mother Teresa. Senate Committee on Armed Services: Senators Thurmond Chamber Action and Nunn. Page S10647 Routine Proceedings, pages S10617–S10728 Subsequently, S. 1718 was returned to the Senate Measures Introduced: Eight bills and four resolu- calendar. Page S10647 tions were introduced, as follows: S. 2080–2087, S.J. Commending Howard O. Greene: Senate agreed Res. 60, S. Res. 293–294, and S. Con. Res. 71. to S. Res. 293, saluting the service of Howard O. Page S10684 Greene, Jr., to the United States Senate. Measures Reported: Reports were made as follows: Pages S10657±60 Special Report entitled ‘‘Revised Allocation to Severance Pay: Senate agreed to S. Res. 294, to Subcommittees of Budget Totals from the Concur- provide for severance pay. Page S10657 rent Resolution for Fiscal Year 1997’’ (S. Rept. No. 104–370) Page S10682 Electronic Freedom of Information Improvement Act: Senate passed S. 1090, to amend section 552 of Measures Passed: title 5, United States Code (commonly known as the Intelligence Authorizations: Senate passed H.R. Freedom of Information Act) to provide for public 3259, authorizing appropriations for fiscal year 1997 access to information in an electronic format, after for intelligence and intelligence-related activities of agreeing to a committee amendment in the nature the United States Government, the Community of a substitute. Pages S10713±17 Management Account, and the Central Intelligence Comprehensive Methamphetamine Control Act: Agency Retirement and Disability System, after striking all after the enacting clause and inserting in Senate passed S. 1965, to prevent the illegal manu- lieu thereof the text of S. 1718, Senate companion facturing and use of methamphetamine, after agree- measure, after agreeing to the following amendments ing to the following amendments proposed thereto: Pages S10717±23 proposed thereto: Pages S10626±47 Specter/Kerrey Amendment No. 5355, to strike McCain (for Hatch) Amendment No. 5365, to section 718, relating to terms of service of members make certain technical and conforming amendments. of the Select Committee on Intelligence of the Sen- Pages S10721±23 ate. Page S10641 McCain (for Kennedy) Amendment No. 5366, to Specter (for Thurmond/Nunn) Amendment No. provide enhanced penalties for offenses involving cer- 5356, relating to the functions of the Assistant Di- tain listed chemicals. Pages S10721±23 rector of Intelligence for Collection. Page S10641 Capitol Guide Service: Senate passed S. 2085, to Senate insisted on its amendment, requested a authorize the Capitol Guide Service to accept vol- conference with the House thereon, and the Chair untary services. Page S10723 appointed the following conferees: Senators Specter, Printing Authorization: Committee on Rules and Lugar, Shelby, DeWine, Kyl, Inhofe, Hutchison, Administration was discharged from further consid- Cohen, Brown, Kerrey, Glenn, Bryan, Graham, eration of S. Con. Res. 67, to authorize printing of Kerry, Baucus, Johnston, and Robb; and from the

D950 September 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D951 the report of the Commission on Protecting and Re- Warner Amendment No. 5363, to provide for ad- ducing Government Secrecy, and the resolution was ditional considerations for the selection of projects then agreed to. Page S10723 for grants from the discretionary fund. Page S10678 Christian Persecution: Senate agreed to S. Con. Pending: Res. 71, expressing the sense of the Senate with re- Chafee Amendment No. 5361, to remove certain spect to the persecution of Christians worldwide. provisions with regard to FAA’s authority to regu- Pages S10723±24 late aircraft engine standards. Pages S10672±74 Simon/Jeffords Amendment No. 5364, to amend Thrift Savings Plan Act: Senate passed S. 1080, the Employee Retirement Income Security Act of to amend chapter 84 of title 5, United States Code, 1974 with respect to the auditing of employee bene- to provide additional investment funds for the Thrift fit plans. Pages S10680±81 Savings Plan, after agreeing to a committee amend- ment in the nature of a substitute, and the following Withdrawn: Warner Amendment No. 5362, to provide for the amendment proposed thereto: Pages S10724±27 McCain (for Kerrey/Pryor) Amendment No. 5367, use of passenger facility fees for a debt financing project. Page S10678 to provide information concerning the cost of certain loans relative to other sources of financing. A unanimous-consent agreement was reached pro- viding for the further consideration of the bill and Page S10726 certain amendments to be proposed thereto, on Enrollment Correction: Senate agreed to H. Con. Wednesday, September 18, 1996. Page S10675 Res. 211, directing the Clerk of the House of Rep- resentatives to make a technical correction in the en- Energy and Water Appropriations Conference Report: By 92 yeas to 8 nays (Vote No. 292), Sen- rollment of H.R. 3060. Page S10728 ate agreed to the conference report on H.R. 3816, Measure Rejected: making appropriations for energy and water develop- Medicare Hospital Reimbursement: Senate failed ment for the fiscal year ending September 30, 1997, to agree to S.J. Res. 60, to disapprove the rule sub- clearing the measure for the President. mitted by the Health Care Financing Administration Pages S10618±24, S10656 on August 30, 1996, relating to hospital reimburse- Nominations Received: Senate received the follow- ment under the Medicare program. Page S10723 ing nominations: Department of the Interior Appropriations, Karen Shepherd, of Utah, to be United States Di- 1997: Senate resumed consideration of H.R. 3662, rector of the European Bank for Reconstruction and making appropriations for the Department of the In- Development. terior and related agencies for the fiscal year ending Lorraine Weiss Frank, of Arizona, to be a Member September 30, 1997, taking action on the following of the National Council on the Humanities for a amendments proposed thereto: term expiring January 26, 2002. Pages S10650, S10653±57 D. Michael Rappoport, of Arizona, to be a Mem- Pending: ber of the Board of Trustees of the Morris K. Udall Pressler Amendment No. 5351, to promote the Scholarship and Excellence in National Environ- livestock industry. Page S10650 mental Policy Foundation for a term expiring Octo- Bumpers Modified Amendment No. 5353 (to ber 6, 2002. committee amendment on page 25, line 4 through Ronald Kent Burton, of Virginia, to be a Member line 10), to increase the fee charged for domestic of the Board of Trustees of the Morris K. Udall livestock grazing on public rangelands. (By 50 yeas Scholarship and Excellence in National Environ- to 50 nays (Vote No. 291), Senate earlier failed to mental Policy Foundation for a term expiring Octo- table the amendment.) Pages S10650, S10653±56 ber 6, 2002. Page S10728 FAA Authorization: Senate began consideration of Messages From the House: Page S10682 S. 1994, to amend title 49, United States Code, to Executive Reports of Committees: Pages S10682±84 reauthorize programs of the Federal Aviation Admin- Statements on Introduced Bills: Pages S10684±89 istration, taking action on the following amend- ments proposed thereto: Pages S10662±81 Additional Cosponsors: Pages S10689±90 Adopted: Amendments Submitted: Pages S10691±S10710 McCain (for Pressler) Amendment No. 5360, to Notices of Hearings: Page S10710 make certain modifications with regard to the reau- thorization of the Federal Aviation Administration. Authority for Committees: Page S10710 Pages S10670±71 Additional Statements: Pages S10710±13 D952 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1996 Record Votes: Two record votes were taken today. Sallie Baliunas, Harvard-Smithsonian Center for As- (Total—292) Page S10656 trophysics, and W. David Montgomery, Charles Adjournment: Senate convened at 9:30 a.m., and River Associates Incorporated, both of Washington, adjourned at 9:35 p.m., until 9:30 a.m., on Wednes- D.C.; Veerabhadran Ramanathan, Scripps Institution day, September 18, 1996. (For Senate’s program, see of Oceanography/University of California at San the remarks of the Acting Majority Leader in today’s Diego; and John P. Weyant, Stanford University, Record on page S10728.) Stanford, California. CONGRESSIONAL/PRESIDENTIAL/JUDICIAL Committee Meetings PENSION FORFEITURE ACT Committee on Governmental Affairs: Committee held (Committees not listed did not meet) hearings on S. 1794, to provide for the forfeiture of NOMINATIONS retirement benefits in the case of any Member of Committee on Armed Services: Committee ordered favor- Congress, congressional employee, or Federal justice ably reported 6,238 military nominations in the or judge who is convicted of an offense relating to Army, Navy, Marine Corps, and Air Force. official duties of that individual, and for the forfeit- ure of the retirement allowance of the President for AVIATION SECURITY such a conviction, receiving testimony from Senators Committee on Commerce, Science, and Transportation: Gregg and Reid; John Landers, Chief, Retirement Committee concluded closed hearings to examine Policy Division, Office of Personnel Management; aviation security challenges, after receiving testimony John C. Keeney, Acting Assistant Attorney General from David R. Hinson, Administrator, Adm. Cathal for the Criminal Division, Department of Justice; L. Flynn, Associate Administrator for Civil Aviation and Judge S. Jay Plager, United States Court of Ap- Security, both of the Federal Aviation Administra- peals for the Federal Circuit. tion, and Adm. Paul E. Busick, Director of Intel- Hearings were recessed subject to call. ligence and Security, all of the Department of Trans- NATIONAL LABOR RELATIONS BOARD portation; Keith O. Fultz, Assistant Comptroller General for the Resources Community and Economic Committee on Labor and Human Resources: Committee Development Division, General Accounting Office; concluded oversight hearings on the activities and Robert M. Blitzer, Section Chief, National Security progress of the National Labor Relations Board, after Division, Federal Bureau of Investigation, Depart- receiving testimony from William B. Gould IV, ment of Justice; and Carol Hallett, Air Transport Chairman, and Fred Feinstein, General Counsel, both Association of America, and John O. Klinkenberg, of the National Labor Relations Board; Dan Yager, Northwest Airlines, Inc., both of Washington, D.C. Labor Policy Association, and Charles Craver, George Washington University Law School, both of Wash- COMPUTATIONAL BIOLOGY ington, D.C.; and G. Roger King, Jones, Day, Committee on Commerce, Science, and Transportation: Sub- Reavis and Pogue, Alexandria, Virginia, on behalf of committee on Science, Technology, and Space con- the Society for Human Resource Management. cluded hearings to examine issues relating to com- INDIAN ECONOMIC DEVELOPMENT putational biology, after receiving testimony from David L. Kingsbury, Johns Hopkins University, Bal- Committee on Indian Affairs: Committee concluded timore, Maryland; John C. Mazziotta, University of hearings to examine how to foster economic growth California School of Medicine, Los Angeles; Ingrid C. and development on Indian reservations, focusing on Burke, Colorado State University, Fort Collins; Rob- the role of Federal policy, tribal policy, and private ert J. Swenson, Montana State University, Bozeman; sector development and jobs, after receiving testi- and Mary E. Clutter, National Science Foundation, mony from Joseph P. Kalt, Harvard Project on Arlington, Virginia. American Indian Economic Development/Harvard University, Cambridge, Massachusetts; Phillip Mar- GLOBAL CLIMATE CHANGE tin, Mississippi Band of Choctaw Indians, Philadel- Committee on Energy and Natural Resources: Committee phia, Mississippi; Ivan Makil, Salt River Pima-Mari- concluded oversight hearings to examine the Admin- copa Indian Community, Scottsdale, Arizona; and istration’s policy with regard to global climate Peter J. Ferrara, Americans for Tax Reform, and change, after receiving testimony from Timothy E. Richard Cowden, American Association of Enterprise Wirth, Under Secretary of State for Global Affairs; Zones, both of Washington, D.C. September 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D953 House of Representatives and related agencies for the fiscal year ending Sep- Chamber Action tember 30, 1997 (H. Rept. 104–803); Bills Introduced: 22 public bills, H.R. 4080–4101; H. Con. Res. 180, commending the Americans and 5 resolutions, H.J. Res. 193–195, H. Con. Res. who served the United States during the period 215, and H. Res. 523 were introduced. known as the Cold War, amended (H. Rept. Pages H10523±24 104–804 Part I); Reports Filed: Reports were filed as follows: H. Con. Res. 200, expressing the sense of the H.R. 3153, to amend title 49, United States Congress regarding the bombing in Dhahran, Saudi Code, to exempt from regulation the transportation Arabia, amended (H. Rept. 104–805); and of certain hazardous materials by vehicle with a gross H.R. 4000, to amend title 10, United States vehicle weight rating of 10,000 pounds or less, Code, to restore the provisions of chapter 76 of that amended (H. Rept. 104–791); title (relating to missing persons) as in effect before H.R. 3348, to direct the President to establish the amendments made by the National Defense Au- standards and criteria for the provision of major dis- thorization Act for Fiscal Year 1997, amended (H. aster and emergency assistance in response to snow- Rept. 104–806). Page H10523 related events, amended (H. Rept. 104–792); H.R. 3923, to amend title 49, United States Speaker Pro Tempore: Read a letter from the Code, to require the National Transportation Safety Speaker wherein he designated Representative Han- Board and individual air carriers to take actions to cock to act as Speaker pro tempore for today. address the needs of families of passengers involved Page H10431 in aircraft accidents, amended (H. Rept. 104–793); Recess: The House recessed at 1:23 p.m. and recon- H.R. 4040, to amend title 49, United States vened at 2 p.m. Page H10437 Code, relating to intermodal safe container transpor- Private Calendar: On the call of the Private Cal- tation (H. Rept. 104–794) endar, the House passed and sent to the Senate H.R. H.R. 3802, to amend section 552 of title 5, Unit- 1886, amended. Page H10438 ed States Code, popularly known as the Freedom of Information Act, and to provide for public access to Suspensions: The House voted to suspend the rules information in an electronic format, amended (H. and pass the following measures: Rept. 104–795) North Platte National Wildlife Refuge: Agreed H.J. Res. 191, to confer honorary citizenship of to the Senate amendments to H.R. 2679, to revise the United States on Agnes Gonxha Bojaxhiu, also the boundary of the North Platte National Wildlife known as Mother Teresa (H. Rept. 104–796); Refuge—clearing the measure for the President; H.R. 2505, to amend the Alaska Native Claims Pages H10440±42 Settlement Act to make certain clarification to the land bank protection provisions, amended (H. Rept. National Park Service Administrative Reform: 104–797) H.R. 2941, amended, to improve the quantity and H.R. 3968, to make improvements in the oper- quality of the quarters of land management agency ation and administration of the Federal courts, field employees; Pages H10442±47 amended (H. Rept. 104–798) Electronic Freedom of Information Act: H.R. S. 533, to clarify the rules governing removal of 3802, amended, to amend section 552 of title 5, cases to Federal court (H. Rept. 104–799); United States Code, popularly known as the Freedom S. 677, to repeal a redundant venue protection (H. of Information Act, to provide for public access to Rept. 104–800); information in an electronic format (passed by a yea- H.R. 3936, to encourage the development of a and-nay vote of 402 yeas, Roll No. 414); commercial space industry in the United States, Pages H10447±52, H10493±94 amended (H. Rept. 104–801 Part I); Honorary Citizenship to Mother Teresa: H.J. H.R. 2941, to improve the quantity and quality Res. 191, amended, to confer honorary citizenship of of the quarters of land management agency field em- the United States on Agnes Gonxha Bojaxhiu, also ployees, amended (H. Rept. 104–802 Part I); know as Mother Teresa; agreed to amend the title H. Res. 522, waiving points of order against the (passed by a yea-and-nay vote of 405 yeas, Roll No. conference report to accompany H.R. 3675, making 415); Pages H10452±54, H10494 appropriations for the Department of Transportation D954 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1996 Federal Courts Improvement: H.R. 3968, retary of the Treasury to mint coins in commemora- amended, to make improvements in the operation tion of black revolutionary war patriots; agreed to and administration of the Federal courts; amend the title. Pages H10489±93 Pages H10454±59 Order of Business: It was made in order that, not- Federal Court Cases: S. 533, to clarify the rules withstanding clause 1 of rule 27, the Speaker may governing removal of cases to Federal court; entertain motions to suspend the rules and pass the Pages H10459, H10494 following bills on Wednesday, September 18, 1996: Repeal of Redundant Venue Provision: S. 677, H.R. 2594, H.R. 2940, H.R. 3923, H.R. 3348, to repeal a redundant venue provision; H.R. 4040, S. 1995, and S. 1636. Page H10496 Pages H10459±60 Committee Election: Agreed to H. Res. 523, elect- Economic Espionage: H.R. 3723, amended, to ing Representatives Becerra, Clyburn, Norton, and amend title 18, United States Code, to protect pro- Waters to the Committee on Small Business and prietary economic information (passed by a yea-and- Representative Peterson of Minnesota to the Com- nay vote of 399 yeas to 3 nays, Roll No. 416); mittee on Veterans’ Affairs. Page H10496 Pages H10460±62, H10494±95 Referral: One Senate-passed resolution, S. Con. Res. Parole Commission Phaseout: S. 1507, amended, 67, to authorize printing of the report of the Com- to provide for the extension of the Parole Commis- mission on Protecting and Reducing Government sion to oversee cases of prisoners sentenced under Secrecy was referred to the Committee on House prior law, to reduce the size of the Parole Commis- Oversight. sion; Pages H10462±63 Amendments: Amendment ordered printed pursu- ant to the rule appears on page H10525. Federal Carjacking Prohibition: H.R. 3676, amended, to amend title 18, United States Code, Senate Messages: Messages received from the Senate clarify the intent of Congress with respect to the today appear on pages H10438 and H10513. Federal carjacking prohibition; Pages H10463±65 Quorum Calls—Votes: Four yea-and-nay votes de- George Bush School of Government and Public veloped during the proceedings of the House today Service: H.R. 3803, amended, to authorize funds for and appear on pages H10493–94, H10494, the George Bush School of Government and Public H10494–95, and H10495–96. There were no Service (passed by a yea-and-nay vote of 279 yeas to quorum calls. 116 nays, Roll No. 417); Pages H10465±70, H10495±96 Adjournment: Met at 12:30 and adjourned at 11 Space Commercialization Promotion: H.R. 3936, p.m. amended, to encourage the development of a com- mercial space industry in the United States; Committee Meetings Pages H10470±78 Social Security Amendments: H.R. 4039, amend- FIRE FIGHTER PAY AND BENEFITS ed, to make technical and clarifying amendments to Committee on Government Reform and Oversight: Sub- recently enacted provisions relating to titles II and committee on Civil Service held a hearing on Fire XVI of the Social Security Act and to provide for a Fighter Pay and Benefits. Testimony was heard from temporary extension of demonstration project author- Representatives Hunter and Hoyer; Diane M. Dis- ity in the Social Security Administration; ney, Deputy Assistant Secretary, Civilian Personnel, Pages H10478±81 Department of Defense; Allan Heuerman, Associate Dolley Madison Commemorative Coin: H.R. Director, Human Resources Systems Service, OPM; 1684, amended, to require the Secretary of the and public witnesses. Treasury to mint coins in commemoration of the POSTAL REFORM ACT 250th anniversary of the birth of James Madison; Committee on Government Reform and Oversight: Sub- agreed to amend the title; Pages H10481±83 committee on Postal Service continued hearings on George Washington Commemorative Coin: H.R. H.R. 3717, Postal Reform Act of 1996. Testimony 2026, amended, to require the Secretary of the was heard from public witnesses. Treasury to mint coins in commemoration of the 250th anniversary of the death of George Washing- MISCELLANEOUS MEASURES ton; and Pages H10483±89 Committee on International Relations: Favorably consid- Black Revolutionary War Patriots Commemora- ered and adopted a motion urging the Chairman to tive Coin: H.R. 1776, amended, to require the Sec- request that the following measures be considered on September 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D955 the Suspension Calendar: H. Con. Res. 132, amend- ference report shall be considered as read. Testimony ed, relating to the extradition of Martin Pang from was heard from Representative Wolf. Brazil to the United States; H. Con. Res. 145, con- cerning the removal of Russian Armed Forces from GENETICS TESTING TECHNOLOGICAL Moldova; H. Con. Res. 189, expressing the sense of ADVANCES the Congress regarding the importance of U.S. mem- Committee on Science: Subcommittee on Technology bership in regional South Pacific organizations; H. held a hearing on Technological Advances in Genet- Res. 515, amended, expressing the sense of the ics Testing: Implications for the Future. Testimony House of Representatives with respect to the perse- was heard from Representatives Stearns, Johnson of cution of Christians worldwide; H. Con. Res. 212, Connecticut, and Slaughter, from the following offi- amended, endorsing the adoption by the European cials of the Department of Health and Human Serv- Parliament of a resolution supporting the Republic ices: Francis S. Collins, M.D., Director, National of China on Taiwan’s efforts at joining the commu- Center for Human Genome Research, NIH; and nity of nations; H. Con. Res. 51, amended, express- Mary Pendergast, Deputy Commissioner, Senior Ad- ing the sense of the Congress relating to the removal visor to the Commissioner, FDA; and public wit- of Russian troops from Kaliningrad; and H.R. 4036, nesses. amended, Human Rights Restoration Act of 1996. MEDICARE SUBVENTION POW/MIA ISSUES Committee on Ways and Means: Subcommittee on Committee on National Security: Subcommittee on Mili- Health held a hearing on Medicare Subvention. Tes- tary Personnel held a hearing on POW/MIA issues. timony was heard from Representatives Montgomery Testimony was heard from the following officials of and Stump; Bruce C. Vladeck, Administrator, the Defense Prisoner of War/Missing in Action Of- Health Care Financing Administration, Department fice, Department of Defense: J. Alan Liotta, Deputy of Health and Human Services; and Stephen C. Jo- Director; Norm Kass, Director, Joint Commission seph, M.D., Assistant Secretary, Health Affairs, De- Support Directorate; Robert J. Destatte, Senior Ana- partment of Defense. lyst, Research and Analysis Directorate; and Cdr. William G. Beck, USNR, Special Research, Joint WELFARE REFORM LAW IMPLEMENTATION Commission Support Directorate; and public wit- Committee on Ways and Means: Subcommittee on nesses. Human Resources held a hearing on implementation OVERSIGHT; CITIZEN’S FAIR HOUSING of the recently-enacted welfare reform law, focusing ACT on the Temporary Assistance for Needy Families (TANF) Block Grant. Testimony was heard from Committee on Resources: Held an oversight hearing on Olivia Golden, Commissioner, Administration on Equal access to the courts under the Endangered Children, Youth and Families, Department of Health Species Act as well as a hearing on H.R. 3826, Citi- and Human Services; and public witnesses. zen’s Fair Housing Act of 1996. Testimony was Hearings continue September 19. heard from John Leshy, Solicitor, Department of the Interior; John Torgerson, Senator, State of Alaska; and public witnesses. Joint Meetings U.S.-PUERTO RICO POLITICAL STATUS ACT VETERANS PROGRAMS Committee on Rules: Held a hearing on H.R. 3024, Joint Hearing: Senate Committee on Veterans’ Affairs United States- Puerto Rico Political Status Act. Tes- concluded joint hearings with the House Committee timony was heard from Representatives Young of on Veterans’ Affairs to review the legislative rec- Alaska, Burton of Indiana, Roth, Romero-Barcelo´, ommendations of the American Legion, after receiv- Gutierrez, Vela´zquez, and Serrano. ing testimony from Joseph Frank, American Legion, Washington, D.C. CONFERENCE REPORT—TRANSPORTATION APPROPRIATIONS APPROPRIATIONS—FOREIGN OPERATIONS Committee on Rules: Granted, by voice vote, a rule Conferees met to resolve the differences between the waiving all points of order against the conference re- Senate- and House-passed versions of H.R. 3540, port to accompany H.R. 3675, making appropria- making appropriations for foreign operations, export tions for the Department of Transportation and re- financing, and related programs for the fiscal year lated agencies for the fiscal year ending September ending September 30, 1997, but did not complete 30, 1997, and against its consideration. The con- action thereon, and recessed subject to call. D956 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1996 NEW PUBLIC LAWS USDA relating to Team Nutrition, 1 p.m., 1300 Long- worth. (For last listing of Public Laws, see DAILY DIGEST p. D916) Committee on Banking and Financial Services, hearing on H.R. 3269, to amend the Impact Aid program to recent events surrounding Sumitomo Corporation, 10 provide for a hold-harmless with respect to amounts a.m., 2128 Rayburn. for payments relating to the Federal acquisition of Committee on Commerce, to mark up the following bills: real property. Signed September 16, 1996. (P.L. H.R. 4012, to waive temporarily the Medicare enrollment 104–195) composition rules for The Wellness Plan; H.R. 2923, to H.R. 3517, making appropriations for military extend for 4 additional years the waiver granted to the construction, family housing, and base realignment Watts Health Foundation from the membership mix re- and closure for the Department of Defense for the quirement for health maintenance organizations partici- fiscal year ending September 30, 1997. Signed Sep- pating in the Medicare Program; H.R. 2988, to amend tember 16, 1996. (P.L. 104–196) the Clean Air Act to provide that traffic signal synchroni- zation projects are exempt from certain requirements of H.R. 3754, making appropriations for the Legisla- Environmental Protection Agency rules; H.R. 2299, to tive Branch for the fiscal year ending September 30, amend the Clean Air Act to require that motorcycles be 1997. Signed September 30, 1996. (P.L. 104–197) defined as having a curb mass less that or equal to 1,749 f pounds; H.R. 3632, to amend title XIX of the Social Se- curity Act to repeal the requirement for annual resident COMMITTEE MEETINGS FOR review for nursing facilities under the Medicaid Program WEDNESDAY, SEPTEMBER 18, 1996 and to require resident reviews for mentally ill or men- (Committee meetings are open unless otherwise indicated) tally retarded residents when there is a significant change in physical or mental condition; H.R. 3633, to amend ti- Senate tles XVIII and XIX of the Social Security Act to permit Committee on Armed Services, to hold open and closed a waiver of the prohibition of offering nurse aide training hearings on the Report of the Downing Assessment Task and competency evaluation programs in certain nursing Force on the bomb attack on Khobar Towers in Saudi facilities; a measure to extend certain programs under the Arabia, and other issues related to United States policy Energy Policy and Conservation Act through September in the Middle East, 2 p.m., SH–216. 30, 1997; H.R. 3391, to amend the Solid Waste Disposal Committee on Banking, Housing, and Urban Affairs, HUD Act to require at least 85 percent of funds appropriated Oversight and Structure, to resume oversight hearings on to the Environmental Protection Agency from the leaking the implementation and enforcement of the Fair Housing underground storage tank trust fund to be distributed to Act (P.L. 100–430), 10 a.m., SD–538. States for cooperative agreements for undertaking correc- Committee on Energy and Natural Resources, to hold hear- tive action and for enforcement of subtitle I of such act; ings on S. 1920, to amend the Alaska National Interest and H.R. 1186, Professional Boxing Safety Act of 1996, Lands Conservation Act, and S. 1998, to provide for ex- 10 a.m., 2123 Rayburn. pedited negotiations between the Secretary of the Interior Committee on Government Reform and Oversight, to con- and the villages of Chickaloon-Moose Creek Native Asso- sider the following: H.R. 3877, to designate the U.S. ciation, Inc., Ninilichik Native Association, Inc., Seldovia post office building in Camden, AR, as the ‘‘Honorable Native Association, Inc., Tyonek Native Corporation and David H. Pryor Post Office Building’’; S. 868, to provide Knikatnu, Inc. regarding the conveyances of certain lands authority for leave transfer for Federal employees who are in Alaska under the Alaska Native Claims Settlement adversely affected by disasters or emergencies; and pend- Act, 9:30 a.m., SD–366. ing investigative reports, 10 a.m., 2154 Rayburn. Committee on Foreign Relations, Subcommittee on East Committee on International Relations, Subcommittee on Asian and Pacific Affairs, to hold hearings on United the Western Hemisphere, hearing on the Shootdown of States policy and recent developments with regard to In- Brothers to the Rescue: What Happened? 2 p.m., 2172 donesia, 9:30 a.m., SD–419. Rayburn. Committee on the Judiciary, to hold hearings on S. 1961, Committee on the Judiciary, to mark up the following: to establish the United States Intellectual Property Orga- H.. 3874, Civil Rights Commission Act of 1996; H.R. nization, and to amend the provisions of title 35, United 2002, Private Security Officer Quality Assurance Act of States Code, relating to procedures for patent applica- 1995; H.R. 3852, Comprehensive Methamphetamine tions, commercial use of patents, reexamination reform, Control Act of 1996; H.R. 1499, Consumer Fraud Pre- 10 a.m., SD–226. vention Act of 1995; and a private claims measure, 1 Full Committee, to hold hearings to examine the Bai- p.m., 2141 Rayburn. ley decision’s effect on certain prosecutions with regard to Subcommittee on Commercial and Administrative Law, violent and drug trafficking crimes, 2 p.m., SD–226. hearing on H.J. Res. 189, granting the consent of Con- gress to the Interstate Insurance Receivership Compact; House and to hold a hearing and mark up of the following: H.J. Committee on Agriculture, Subcommittee on Department Res. 193, granting the consent of Congress to the Emer- Operations, Nutrition, and Foreign Agriculture, hearing gency Management Assistance Compact; and H.J. Res. to review contracting practices and other activities at the 194, granting the consent of the Congress to amendments September 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D957 made by Maryland, Virginia, and the District of Colum- tion of the Northern Mariana Islands by a nonvoting Del- bia to the Washington Metropolitan Area Transit Regula- egate in the House of Representatives; H.R. 2041, Guam tion Compact, 9:30 a.m., 2141 Rayburn. War Restitution Act; H.R. 3752, American Land Sov- Subcommittee on Crime, hearing on prison industries, ereignty Protection Act of 1996; and H.R. 3862, Citi- 9:30 a.m., 2226 Rayburn. zen’s Fair Hearing Act of 1996, 11 a.m., 1324 Long- Committee on National Security, hearing on the July 25, worth. 1996 terrorist attack against U.S. military forces in Committee on Rules, to consider the following: H.R. Dhahran, Saudi Arabia, 9:30 a.m., 2118 Rayburn. 3610, making appropriations for the Department of De- Committee on Resources, to mark up the following bills: fense for the fiscal year ending September 30, 1997; Con- H.R. 2392, to amend the Umatilla Basin Project Act to ference Report to accompany H.R. 2202, Immigration in establish boundaries for irrigation districts within the the National Interest Act of 1996; and a measure making Umatilla Basin; H.R. 3258, to direct the Secretary of the omnibus appropriations for fiscal year 1997; and to mark Interior to convey certain real property located within the up H.R. 3024, United States-Puerto Rico Political Status Carlsbad project in New Mexico to Carlsbad Irrigation Act, 3 p.m., H–313, Capitol. District; H.R. 2561, Glacier Bay National Park and Pre- Committee on Small Business, hearing on H.R. 3994, En- serve Boundary Adjustment Act of 1995; H.R. 3973, to trepreneur Development Program Act of 1996, a pro- provide for a study of the recommendations of the Joint posed reform of the 8(a) Program, 10 a.m., 2359 Ray- Federal-State Commission on Policies and Programs Af- burn. fecting Alaska Natives; H.R. 3819, to amend the act es- Committee on Transportation and Infrastructure, Sub- tablishing the National Park Foundation; H.R. 3155, to committee on Railroads, oversight hearing on the Rails amend the Wild and Scenic Rivers Act by designating to Trails Act, 2 p.m., 2167 Rayburn. the Wekiva River, Seminole Creek, and Rock Springs Committee on Veterans’ Affairs, to mark up H.R. 4068, Run in the State of Florida for study and potential addi- Veterans Medicare Subvention Demonstration Project tion to the National Wild and Scenic Rivers System; Act, 9 a.m., 334 Cannon. H.R. 3568, to designate 51.7 miles of the Clarion River, located in Pennsylvania, as a component of the National Joint Meetings Wild and Scenic Rivers System; H.R. 3497, to expand Conferees, on H.R. 3666, making appropriations for the the boundary of the Snoqualmie National Forest; H.R. Departments of Veterans Affairs and Housing and Urban 2028, Federal Land Management Agency Concession Re- Development, and for sundry independent agencies, form Act of 1995; H.R. 2466, to improve the process for boards, commissions, corporations, and offices for the fis- land exchanges with the Forest Service and the Bureau of cal year ending September 30, 1997, 10 a.m., H–140, Land Management; H.R. 4067, to provide for representa- Capitol. D958 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 18 10 a.m., Wednesday, September 18

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of 7 suspen- ation of S. 1994, Federal Aviation Reauthorization Act. sions: Also, Senate may consider the conference report on 1. H.R. 2594, Railroad Unemployment Insurance Act; H.R. 3675, Transportation Appropriations, 1997, and S. 2. H.R. 2940, Deepwater Port Modernization Act; 39, Magnuson Fisheries Authorization. 3. H.R. 3923, Aviation Disaster Family Assistance Act of 1996; 4. H.R. 3348, Snow Removal Policy Act of 1996; 5. H.R. 4040, Intermodal Safe Container Act Amend- ments of 1996; 6. S. 1995, Authorizing Air and Space Museum Annex at Dulles Airport; and 7. S. 1636, Designating the Mark O. Hatfield U.S. Courthouse. Consideration of the Conference Report to Accompany H.R. 3675, FY 1997 Transportation Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Dornan, Robert K., Calif., E1626 Nadler, Jerrold, N.Y., E1622 Duncan, John J., Jr., Tenn., E1620 Pallone, Frank, Jr., N.J., E1626 Barrett, Bill, Neb., E1618 English, Phil, Pa., E1615 Poshard, Glenn, Ill., E1624 Bass, Charles F., N.H., E1617 Everett, Terry, Ala., E1625 Radanovich, George P., Calif., E1620 Bentsen, Ken, Tex., E1619 Fields, Jack, Tex., E1615 Reed, Jack, R.I., E1625 Bereuter, Doug, Nebr., E1618, E1619 Franks, Bob, N.J., E1619, E1623 Schiff, Steven, N. Mex., E1622 Bilirakis, Michael, Fla., E1622, E1627 Goodlatte, Bob, Va., E1621 Skelton, Ike, Mo., E1616 Burr, Richard, N.C., E1627 Hutchinson, Y. Tim, Ark., E1621 Stark, Fortney Pete, Calif., E1623 Chrysler, Dick, Mich., E1620 Jacobs, Andrew, Jr., Ind., E1628 Stokes, Louis, Ohio, E1616 Clinger, William F., Jr., Pa., E1620 Kaptur, Marcy, Ohio, E1626 Talent, James M., Mo., E1615, E1617, E1619 DeLauro, Rosa L., Conn., E1625 Levin, Sander M., Mich., E1622 Torkildsen, Peter G., Mass., E1617 DeLay, Tom, Tex., E1628 Lewis, John, Ga., E1627 Underwood, Robert A., Guam, E1624 Dellums, Ronald V., Calif., E1626 Martini, William J., N.J., E1618, E1622 Woolsey, Lynn C., Calif., E1621, E1624 Deutsch, Peter, Fla., E1616 Meek, Carrie P., Fla., E1625 Diaz-Balart, Lincoln, Fla., E1621 Morella, Constance A., Md., E1617

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