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, WEDNESDAY, JULY 17, 1996 No. 105 House of Representatives

The House met at 10 a.m. PLEDGE OF ALLEGIANCE thereon, and appoints from the Com- The Chaplain, Rev. James David The SPEAKER. Will the gentleman mittee on Banking, Housing, and Ford, D.D., offered the following pray- from Pennsylvania [Mr. HOLDEN] come Urban Affairs: Mr. D’AMATO, Mr. MACK, er: forward and lead the House in the and Mr. SARBANES; and from the Com- Teach us to remember, O gracious Pledge of Allegiance. mittee on Finance: Mr. ROTH and Mr. God, that we communicate our mes- Mr. HOLDEN led the Pledge of Alle- MOYNIHAN, to be the conferees on the sages through what we say or do or part of the Senate. think and that how we say or do or giance as follows: f think colors our perceptions and the I pledge allegiance to the Flag of the attitude of those who hear us. Remind United States of America, and to the Republic for which it stands, one nation ANNOUNCEMENT BY THE SPEAKER us of the words of the Book of Proverbs under God, indivisible, with liberty and jus- The SPEAKER. The Chair will recog- where it is written: ‘‘To get wisdom is tice for all. nize ten 1-minute speeches on each better than gold; to get understanding f is to be chosen rather than silver.’’ side. May we use the gifts of communication MESSAGE FROM THE SENATE f that You have given us, O God, so that A message from the Senate by Mr. OLYMPIC LACK OF LEADERSHIP in the application of our ideas and Lundregan, one of its clerks, an- EMANATING FROM WHITE HOUSE thoughts we will gain wisdom and un- nounced that the Senate had passed ON CUBA POLICY derstanding and so speak and listen with amendments in which the concur- using the good gifts that are Your rence of the House is requested, bills of (Ms. ROS-LEHTINEN asked and was blessing to us. In Your name, we pray. the House of the following titles: given permission to address the House for 1 minute and to revise and extend Amen. H.R. 1114. An act to authorize minors who f are under the child labor provisions of the her remarks.) Ms. ROS-LEHTINEN. Mr. Speaker, in THE JOURNAL Fair Labor Standards Act of 1938 and who are under 18 years of age to load materials into the week of the Olympic games it is The SPEAKER. The Chair has exam- balers and compacters that meet appropriate fitting that the President rendered a ined the Journal of the last day’s pro- American National Standards Institute de- decision filled with Olympic-size ceedings and announces to the House sign safety standards; and doublespeak essentially waiving the his approval thereof. H.R. 3107. An act to impose sanctions on right of American citizens to sue for- Pursuant to clause 1, rule I, the Jour- persons making certain investments directly eign investors who traffic in their sto- nal stands approved. and significantly contributing to the en- hancement of the ability of Iran or Libya to len property in Cuba. With the agility Mr. KNOLLENBERG. Mr. Speaker, of a gymnast, President Clinton found pursuant to clause 1, rule I, I demand a develop its petroleum resources, and on per- sons exporting certain items that enhance a way to jump around the law to deny vote on agreeing to the Speaker’s ap- Libya’s weapons or aviation capabilities or American citizens their day in court proval of the Journal. enhance Libya’s ability to develop its petro- while scoring points with foreign inves- The SPEAKER. The question is on leum resources, and for other purposes. tors who enrich themselves from stolen the Chair’s approval of the Journal. The message also announced that the goods. The question was taken; and the Senate insists upon its amendment to Once again we have a lack of leader- Speaker announced that the ayes ap- peared to have it. the bill (H.R. 3107) ‘‘An Act to impose ship emanating from the White House Mr. KNOLLENBERG. Mr. Speaker, I sanctions on persons making certain in Cuba policy. object to the vote on the ground that a investments directly and significantly It is clear from yesterday’s nondeci- quorum is not present, and make the contributing to the enhancement of the sion decision that a definite change in point of order that a quorum is not ability of Iran or Libya to develop its White House leadership and character present. petroleum resources, and on persons is necessary if our foreign policy is to The SPEAKER. Evidently a quorum exporting certain items that enhance be based on principle and not on the is not present. Libya’s weapons or aviation capabili- next election. Pursuant to clause 5, rule I, further ties or enhance Libya’s ability to de- Mr. Speaker, the President deserves a proceedings on this vote will be taken velop its petroleum resources, and for gold medal for his sorry performance in later today. other purposes,’’ requests a conference caving in to foreign interests, while The point of no quorum is considered with the House of Representatives on lamentably he falls out of the medal withdrawn. the disagreeing votes of the two Houses count in standing up for freedom and

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.

H7661 H7662 CONGRESSIONAL RECORD — HOUSE July 17, 1996 democracy in Cuba and in defending Herschel Weisbram and Lee Burger who Yes, I promise, that is her study: Ex- American interests. run this fine radio station, for 50 years ercise is good for us. Imaging the possi- f of service to Cartersville and Bartow bilities. Next thing we know, the pri- County, GA. vate sector will be coming out with INTRODUCTION OF THE SOCIAL f health spa chains. SECURITY BENEFITS FAIRNESS Next the Surgeon General plans to ACT OF 1996 SWEATSHOP PRODUCT BAN ACT study does the sun cause suntan? Does (Mr. HOLDEN asked and was given (Mr. UNDERWOOD asked and was the rain get things wet? Does climbing permission to address the House for 1 given permission to address the House stairs get you higher? minute and to revise and extend his re- for 1 minute and to revise and extend I ask my colleagues this: marks.) his remarks.) Do we really need a Surgeon General? Mr. HOLDEN. Mr. Speaker, I rise Mr. UNDERWOOD. Mr. Speaker, Is this the way we should be spending today to ask my colleagues to cospon- today I plan on introducing the Sweat- tax dollars instead of pursuing real sor a bill I am introducing today, the shop Product Ban Act, which I have goals? Social Security Benefits Fairness Act dubbed the ‘‘No Sweatshops Where GI’s f of 1996. Shop Act.’’ Under current law, no Social Secu- Through defense commissary and ex- b 1015 rity benefits are paid for the month of change stores, the Department of De- THE CIA AND THE FBI: BILLIONS a death. When a person dies, their fam- fense exercises a purchasing power of OF DOLLARS FOR INEPTNESS ily is not entitled to the benefits and well over $9 billion. However, there is must send back the Social Security nothing in law that prohibits one of (Mr. TRAFICANT asked and was check, even if they lived to the end of the largest retailers in the Nation from given permission to address the House the month. This happened to a family purchasing goods manufactured under for 1 minute and to revise and extend in my district. inhumane conditions. This bill would his remarks.) Phyllis Strunk’s husband, Royden, specifically prevent the commissary Mr. TRAFICANT. Mr. Speaker, the died on May 31, 1996, at 7:04 p.m. almost and exchange stores from inadvert- CIA and the FBI never found out who living the entire month and incurring ently supporting child labor, prison killed those two CIA employees outside living expenses. His wife was told she labor, or goods produced under human of CIA headquarters 3 years ago. They would not receive her husband’s bene- rights violations. It would also come did not find out who was responsible fits for May because he did not live 4 closer to insuring that our GI’s around for the bombing of Pan American 1034. hours and 56 minutes longer. the world do not sport any products They never found out who carried out This is unfair and absurd. produced by children who work under the recent Saudi Arabia bombings. But My bill will put fairness and security deplorable conditions, 14 hours a day. lo and behold, the Washington Post has back into Social Security. Under my Congress can encourage private in- uncovered that the anonymous author bill, if a person dies before the 15th day dustry to police themselves by allow- of the book, ‘‘Primary Colors,’’ is of a month, the family will receive 1⁄2 ing companies to have access to these Newsweek writer Joe Klein. of the month’s benefits. If a person dies minimum labor standards. Corpora- Let us check this out. The CIA and after the 15th, the family would receive tions such as J.C. Penny and Levi the FBI get billions of dollars from the entire amount of the benefits. Strauss have already agreed to monitor Congress every year and they cannot It is simple and fair. Please join me their contractors as publication of po- seem to find the restroom around here. in this effort and cosponsor the Social tential violations by these retailers I say something is drastically wrong Security Benefits Fairness Act of 1996. pose a threat to sales. My bill would when a newspaper can solve a national f take it a step further: As consumers, mystery and a TV network has to no- the Defense commissary and exchange tify America that there is a military CONGRATULATIONS TO RADIO stores can take the lead and influence invasion in Kuwait, but the CIA and STATION WBHF FOR 50 YEARS corporations to adopt better labor the FBI cannot even tell us who hired OF SERVICE practices through the power of their Craig Livingstone. Beam me up, Mr. (Mr. BARR of Georgia asked and was purse. Speaker. I yield back all the deceit, given permission to address the House I urge my colleagues to cosponsor the coverup, and lies in this FBI Filegate for 1 minute and to revise and extend Sweatshop Product Ban Act. matter. his remarks.) f f Mr. BARR of Georgia. Mr. Speaker, in 1946, World War II had ended. Thou- DO WE REALLY NEED A SURGEON SUPPORT THE BONILLA DIS- sands of young men were returning to GENERAL? CHARGE PETITION AND REFORM their hometowns all across America, (Mr. KINGSTON asked and was given THE ENDANGERED SPECIES ACT establishing families and seeking new permission to address the House for 1 (Mr. BONILLA asked and was given opportunities. With their eyes on the minute and to revise and extend his re- permission to address the House for 1 future, they welcomed change and marks.) minute and to revise and extend his re- sought progress. On July 17, 1946, in Mr. KINGSTON. Mr. Speaker, all of marks.) Cartersville, GA, they first heard the us fondly recall President Clinton’s Mr. BONILLA. Mr. Speaker, the time voice that would champion the future first Surgeon General, Jocelyn Elders. is now for reform of the Endangered of Bartow County: radio station WBHF She is the one whose valuable contribu- Species Act. Our people have waited went on the air, to begin its continuing tion to medicine was to suggest, and long enough. Private property owners commitment of service that has lasted let me put this delicately, that school- are sick and tired of the Federal Gov- for 50 years. children quit playing with each other ernment taking their land because it WBHF has become a valuable re- and—well, never mind. Now, for that cares more about bugs than people. source to its many listeners. As a news bold contribution, which many of my Today I am submitting a discharge source, it has chronicled the years of colleagues remember, and I am not petition to bring the Endangered Spe- change from the small southern town going to allude to it any more than cies Management and Conservation Act in 1946, to the thriving city Cartersville that, but she was run out of office. So to a vote. The current ESA has failed is today, recognized as one of the best now the new Surgeon General has come the people and it has failed species. communities in all of Georgia. In times out with a study, but she is playing it This ESA reform bill works by pro- of National disasters or local victories, safe, daringly sticking right in the viding incentives to encourage private the people of Cartersville can count on middle of the road. She has come out property owners to conserve species. WBHF to be there, often as their only with a study paid for by thousands of ESA reform establishes a cooperative information source. tax dollars that comes out with this framework for these landowners to I am proud to extend congratulations revelation: work together with the Government to today to radio station WBHF, and to ‘‘Exercise is good for you.’’ protect species. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7663 The people of Texas want to conserve Pass a good welfare reform bill that re- REPUBLICAN CAMPAIGN FINANCE species and protect the environment. stores respect, increases initiative, and BILL WILL BRING MASSIVE IN- They also want to be able to live their provides a brighter future for welfare FUSION OF MONEY TO FINANCE lives and enjoy their property without recipients. MEMBERS’ CAMPAIGNS the threat of Government seizure. Tex- (Mr. PALLONE asked and was given ans have been patient in waiting for f permission to address the House for 1 ESA reform. The time for patience has minute.) passed and the time for action is now. THE REPUBLICAN PRESCRIPTION Mr. PALLONE. Mr. Speaker, I am Please join me and support the Bonilla FOR CAMPAIGN FINANCE RE- outraged that tomorrow the Repub- discharge petition. FORM: MORE MONEY, MORE lican leadership is going to bring up a f MONEY, MORE MONEY campaign finance bill that will essen- tially allow a massive infusion of INTRODUCING THE HEALTHY (Mr. RICHARDSON asked and was money from wealthy individuals and FAMILIES ACT given permission to address the House special interests to finance our con- for 1 minute and to revise and extend (Mr. DICKS asked and was given per- gressional campaigns. his remarks.) mission to address the House for 1 Speaker GINGRICH has said over and minute and to revise and extend his re- Mr. RICHARDSON. Mr. Speaker, over again that there should be more marks.) with its candidate for President on the money in politics, not less. He is Mr. DICKS. Mr. Speaker, today I am ropes, the Republican majority is try- quoted as saying that one of the great- introducing the Healthy Families Act, ing to find another divisive wedge est myths of modern politics is that a bill to help prevent child abuse. A issue. Last week it was same-sex mar- ‘‘Campaigns are too expensive. The po- 1994 survey of child welfare agencies re- riage. This week it is welfare. Next litical process in fact is underfunded. It ported more than 3 million cases of week it will probably be abortion. is not overfunded. I would emphasize child abuse. Three children a day died. There are rumors that the Republican far more money in the political proc- My bill will make Justice Depart- majority is about to abandon a biparti- ess.’’ ment funding available for local pro- san welfare reform. Is this indicative of That is where we are. Under the guise grams following the principles of the a new strategy to resurrect the Willy of campaign finance reform, we are healthy families initiative, a pioneer- Horton issues? going to get a bill that allows the ing child abuse prevention program. Mr. Speaker, let us talk about the wealthy and the special interests to Communities adopting the healthy Republican prescription for campaign contribute even more. The public inter- families model use their existing social finance reform: more money, more est groups unanimously have come out service network to provide voluntary, money, and more money. They see the opposed to this campaign finance bill culturally appropriate, intensive in- control that they have of the Congress tomorrow. The New York Times today home visits to new mothers and their in jeopardy, and want their special in- says it is obscene, essentially, in their families by professional counselors to terest buddies to rescue them. I cannot editorial. teach them how to avoid child abuse. wait to hear what is next. Even my fellow Republicans, rational The counseling which healthy families in some cases, have come forward with provides those families who want help f a Dear Colleague letter they sent to with the training and discipline needed their other Republican colleagues say- to prevent child abuse are important ENOUGH DOUBLETALK FROM THE ing this is a travesty, and that this for our children. PRESIDENT—WELFARE REFORM campaign finance bill should not pass. Because of the success of this pro- IS NEEDED NOW I hope we listen to that on both sides gram in Hawaii, Mr. Speaker, the of the aisle. (Mr. KNOLLENBERG asked and was healthy families approach has been f adopted by communities across the given permission to address the House country. Earlier this year I visited a for 1 minute and to revise and extend HYPOCRITICAL CRITICISM OF program site in the Washington State his remarks.) SPEAKER GINGRICH BY THE district, which I represent. The effort Mr. KNOLLENBERG. Mr. Speaker, WHITE HOUSE AND DEMOCRATS to prevent child abuse that I saw dur- just this week, and in connection with (Mr. STEARNS asked and was given ing my visit encouraged me to intro- what the previous speaker was talking permission to address the House for 1 duce this legislation. about, where are we on this whole minute and to revise and extend his re- f thing, where really is the President on marks.) all of this? He changed his mind about Mr. STEARNS. Mr. Speaker, I want A BRIGHTER FUTURE FOR WEL- welfare again. He said in a speech to to read something. President Clinton FARE RECIPIENTS IN THE RE- the Nation’s Governors just 2 days ago and Vice President GORE said this in PUBLICAN PLAN FOR WELFARE that he is going to sign welfare reform. their book, ‘‘Putting People First’’: REFORM He also said he is committed to sup- ‘‘We will scrap the Health Care Financ- (Mr. EWING asked and was given per- porting Wisconsin’s welfare reform ing Administration and replace it with mission to address the House for 1 plan. I can hear the White House a health standard board made up of minute and to revise and extend his re- spinmeisters now spinning their wheels consumers, providers, business, labor, marks.) and saying, ‘‘how do we explain this to and government.’’ No cry from the Mr. EWING. Mr. Speaker, the Repub- the public?’’ press about that. lican plan for welfare reform has five Who knows where the President is? But let us see what the Speaker is pillars: Welfare reform should not be a Maybe he will sign the very same wel- being criticized for when he talked way of life; we should have work, not fare reform he has vetoed twice. Per- about ‘‘wither on the vine.’’ This is welfare; we should not pay welfare to haps he will okay Wisconsin’s welfare what he really said. The Democrats noncitizens and felons; we should re- waiver. Who knows? have taken it out of context. What did turn power and money to the States; My Democrat friends in the Congress he say? ‘‘Okay, what do you think the and we should restore personal respon- have said if you do not like where the Health Care Financing Administration sibility. President stands, just wait a while. is? It is a centralized bureaucracy. It’s Unfortunately, the President’s plan Enough of the doubletalk, I would say. everything we are telling Boris Yeltsin has no time limit as far as how long Enough of the flips. It is time the to get rid of. Now, we don’t want to get you can get welfare, no real work re- President lived up to the 1992 promise rid of it in round one * * * we want it quirement. It continues to pay nonciti- to change welfare as we know it. to wither on the vine.’’ zens and felons, and it has maximum Our current welfare system has failed Speaker GINGRICH was not referring Federal control, not States’ rights. miserably over the last 30 years. It is to the Medicare Program, but he was Mr. Speaker, what we need to do is be time to get under the hood and fix the referring to the big government bu- concerned about the welfare recipient. problem. reaucratic machine that processes it. H7664 CONGRESSIONAL RECORD — HOUSE July 17, 1996 That is the same thing President Clin- would otherwise build nuclear power- sider the very same welfare reform ton and AL GORE said in their book, plants. Iraq was allowed to sell billions measure President Clinton said he ‘‘Putting People First.’’ of dollars of oil again. Iran was invited would sign. For the future of this coun- So all this criticism on the Speaker, into Bosnia. Mr. Speaker, despite the try, for all the young men and women on his ‘‘withering on the vine,’’ com- collapse of the Soviet Union, a weak, caught in the endless cycle of poverty ment, is hypocritical. President Clin- indecisive White House such as the cur- and dependency, for all the children ton said the same thing about the rent one is hazardous to the safety of who need strong families and safe Health Care Financing Administration. the Nation. neighborhoods, I hope that the Presi- In both cases, no one was talking about f dent honors his word. Medicare. Think about it. REPUBLICAN CAMPAIGN FINANCE f f REFORM MEASURE WILL WORS- URGING BIPARTISAN SUPPORT OF SUPPORT THE CASTLE-TANNER EN OUT-OF-CONTROL CAMPAIGN CASTLE-TANNER WELFARE RE- WELFARE REFORM BILL SPENDING FORM BILL (Mrs. CLAYTON asked and was given (Mr. OLVER asked and was given (Ms. MCCARTHY asked and was permission to address the House for 1 permission to address the House for 1 given permission to address the House minute and to revise and extend her re- minute.) for 1 minute and to revise and extend marks.) Mr. OLVER. Mr. Speaker, this week her remarks.) Mrs. CLAYTON. Mr. Speaker, some has been trumpeted as the great Re- Ms. MCCARTHY. Mr. Speaker, the in Congress have demonized the poor, publican reform week. But now, as we Speaker has proclaimed this week re- that they have become the poster chil- begin debate on these so-called re- form week, and primary among those dren for all that is wrong in America. forms, what is the Republican leader- reforms for all of us will be welfare re- They have convinced the American ship really thrusting on us this week? form. I urge my colleagues this morn- people that the welfare mothers and The only bill the Republican leader- ing to join in a bipartisan effort, and their children have caused a great debt ship is offering is a so-called campaign support the Castle-Tanner bill. that our Nation has acquired. They finance bill—a measure designed to This is legislation that will success- have now made the new Joan of Arc make out-of-control campaign spend- fully put people to work, will protect out of the teenaged mothers. ing even worse. our children, and in particular, provide Just last week, what do they want to The Republican bill nearly triples the health care for those low-income chil- do when they say teenaged children are limits on both individual contributions dren who are essential to our future having children? The President asks and PAC contributions. And under the growth. This bill will provide State for $30 million, and they did not give Republican plan, a wealthy family of flexibility. It will require maintenance one cent. They would rather spend $6.4 four would now be able to contribute of effort, but it will encourage and re- billion after the child has a child. Yet, millions and millions of dollars during ward States that achieve that. In times this week, what do we do for children? a 2-year election cycle. of economic downturn, it will allow If you have a child, we are going to Mr. Speaker, this is not reform. In- flexibility for States to meet those make sure we take your children off of stead of putting the brakes on this needs. Most important, Castle-Tanner welfare. We will teach the teenaged campaign spending train, the Repub- does not raise taxes on low-income mother you must not do this, but when licans are finding new ways to add fuel working people. we have a chance to make a difference to the fire. Mr. Speaker, I urge us to continue to in their lives we do absolutely nothing. The Republican leadership once work together to produce a bill the H.R. 3734 is a mean way to reform. again has ignored the pleas of the peo- President can sign. I am proud to have Yes, we need reform, and certainly the ple and is focused on helping the fat worked on the Castle-Tanner bill. It Castle-Tanner bill is a better way to cats and the special interests that own does achieve needed reforms, and I urge reform, not the bill that is going to be them. my colleagues, all of them, to support introduced. This is antichildren, anti The Republican leadership has once this effort. the poor. We should do better in this again gone too far. Extremism, not ac- f Nation, rather than to demonize the complishment, is the name of their most vulnerable of our Nation. game. b 1030 f f REFORM WEEK PRESIDENT SUCCUMBS TO PRESIDENT MUST HONOR HIS (Ms. DELAURO asked and was given INTERNATIONAL PRESSURE COMMITMENT AND SIGN WEL- permission to address the House for 1 (Mr. DIAZ-BALART asked and was FARE REFORM MEASURE minute and to revise and extend her re- given permission to address the House (Mrs. SEASTRAND asked and was marks.) for 1 minute and to revise and extend given permission to address the House Ms. DELAURO. Mr. Speaker, for his remarks.) for 1 minute and to revise and extend months the Republican leadership has Mr. DIAZ-BALART. Mr. Speaker, her remarks.) been heralding their upcoming reform President Clinton yesterday once again Mrs. SEATRAND. Mr. Speaker, on week. Well—reform week is here but succumbed to international pressure, May 18 during his weekly radio ad- it’s looking a lot more like weak re- this time by suspending part of the im- dress, President Bill Clinton said the form. What was once a big buildup has portant sanctions on the Castro dicta- following: ‘‘There are bipartisan wel- become a quiet shutdown. torship that 80 percent of this Congress fare reform plans sitting in the House Not much talk about reform this voted for just a few months ago after and the Senate. They require welfare week. Mostly because the Republican Castro killed four Americans over recipients to work, they limit the time campaign finance reform legislation international waters. Incredibly, the people can stay on welfare, they tough- doesn’t actually reform the system but President who vetoed tort reform, cit- en child support enforcement, and they makes it worse. But don’t take my ing the rights of Americans to sue protect our children. So I say to Con- word for it—take the words of 10 of my Americans, yesterday took away the gress, send me a bill that honors these Republican colleagues whose ‘‘Dear right of Americans to sue foreigners fundamental principles. I will sign it Colleague’’ letter reads—and I quote— who traffic in property stolen by those right away.’’ ‘‘Instead of leveling the playing field in foreigners from Americans. Mr. Speaker, the time has come for elections, this bill will result in great- President Clinton showed once again President Clinton to keep the commit- er incumbent protection. The bill actu- what pressure can get you during this ments he makes to this institution. He ally increases the amounts that American presidency if you are an has repeatedly misled this body into wealthy individuals can contribute in enemy of the United States. The North believing he wants to reform welfare. Federal elections.’’ Koreans got billions of United States The time has come to either put up or That’s right. Under current law an taxpayer dollars by saying that they shut up. This week the House will con- individual can give $25,000. Under the July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7665 Republican campaign finance reform TITLE II—POSTAL SERVICE SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL RESIDENCE OF THE VICE bill an individual will be able to give PAYMENTS TO THE POSTAL SERVICE up to $3.1 million. As my Republican PRESIDENT colleagues also said, ‘‘The average PAYMENT TO THE POSTAL SERVICE FUND SALARIES AND EXPENSES American will be left even further be- For payment to the Postal Service Fund For necessary expenses to enable the Vice hind in the Washington money chase as for revenue forgone on free and reduced rate President to provide assistance to the Presi- they are frozen out of the political mail, pursuant to subsections (c) and (d) of dent in connection with specially assigned process.’’ I urge my Republican col- section 2401 of title 39, United States Code, functions, services as authorized by 5 U.S.C. $85,080,000: Provided, That mail for overseas 3109 and 3 U.S.C. 106, including subsistence leagues to listen to their own caucus voting and mail for the blind shall continue expenses as authorized by 3 U.S.C. 106, which members and vote against this weak to be free: Provided further, That 6-day deliv- shall be expended and accounted for as pro- reform legislation. ery and rural delivery of mail shall continue vided in that section; and hire of passenger at not less than the 1983 level: Provided fur- motor vehicles; $3,280,000: Provided, That f ther, That none of the funds made available $150,000 of the funds appropriated may not be to the Postal Service by this Act shall be obligated until the Director of the Office of PERMISSION FOR SUNDRY COM- used to implement any rule, regulation, or Administration has submitted, and the Com- MITTEES AND THEIR SUB- policy of charging any officer or employee of mittees on Appropriations of the House and COMMITTEES TO SIT TODAY any State or local child support enforcement Senate have approved, a report that identi- DURING THE 5-MINUTE RULE agency, or any individual participating in a fies, evaluates, and prioritizes all computer Mr. LIGHTFOOT. Mr. Speaker, I ask State or local program of child support en- systems investments planned for fiscal year forcement, a fee for information requested or 1997, a milestone schedule for the develop- unanimous consent that the following provided concerning an address of a postal ment and implementation of all projects in- committees and their subcommittees customer: Provided further, That none of the cluded in the systems investment plan, and a be permitted to sit today while the funds provided in this Act shall be used to systems architecture plan. House is meeting in the Committee of consolidate or close small rural and other OPERATING EXPENSES small post offices in the fiscal year ending the Whole House under the 5-minute For the care, operation, refurnishing, im- on September 30, 1997. rule: Committee on Agriculture, Com- provement, heating and lighting, including mittee on Commerce, Committee on TITLE III—EXECUTIVE OFFICE OF THE electric power and fixtures, of the official Government Reform and Oversight, PRESIDENT AND FUNDS APPRO- residence of the Vice President, the hire of Committee on International Relations, PRIATED TO THE PRESIDENT passenger motor vehicles, and not to exceed $90,000 for official entertainment expenses of Committee on the Judiciary, Commit- COMPENSATION OF THE PRESIDENT AND tee on National Security, Committee the Vice President, to be accounted for sole- THE WHITE HOUSE OFFICE on Resources, Committee on Small ly on his certificate; $324,000: Provided, That advances or repayments or transfers from COMPENSATION OF THE PRESIDENT Business, Committee on Transpor- this appropriation may be made to any de- tation and Infrastructure, and Perma- For compensation of the President, includ- partment or agency for expenses of carrying nent Select Committee on Intelligence. ing an expense allowance at the rate of out such activities: Provided further, That It is my understanding that the mi- $50,000 per annum as authorized by 3 U.S.C. $8,000 of the funds appropriated may not be nority has been consulted and that 102, $250,000: Provided, That none of the funds obligated until the Director of the Office of there is no objection to these requests. made available for official expenses shall be Administration has submitted for approval The SPEAKER pro tempore (Mr. expended for any other purpose and any un- to the Committees on Appropriations of the used amount shall revert to the Treasury House and Senate a report that identifies, NEY). Is there objection to the request pursuant to section 1552 of title 31, United evaluates, and prioritizes all computer sys- of the gentleman from Iowa? States Code: Provided further, That none of tems investments planned for fiscal year There was no objection. the funds made available for official ex- 1997, a milestone schedule for the develop- penses shall be considered as taxable to the f ment and implementation of all projects in- President. cluded in the systems investment plan, and a systems architecture plan. TREASURY, POSTAL SERVICE, AND SALARIES AND EXPENSES COUNCIL OF ECONOMIC ADVISERS GENERAL GOVERNMENT APPRO- For necessary expenses for the White PRIATIONS ACT, 1997 House as authorized by law, including not to SALARIES AND EXPENSES The SPEAKER pro tempore. Pursu- exceed $3,850,000 for services as authorized by For necessary expenses of the Council in 5 U.S.C. 3109 and 3 U.S.C. 105; including sub- carrying out its functions under the Employ- ant to House Resolution 475 and rule sistence expenses as authorized by 3 U.S.C. ment Act of 1946 (15 U.S.C. 1021), $3,439,000. XXIII the Chair declares the House in 105, which shall be expended and accounted OFFICE OF POLICY DEVELOPMENT the Committee of the Whole House on for as provided in that section; hire of pas- SALARIES AND EXPENSES the State of the Union for the further senger motor vehicles, newspapers, periodi- consideration of the bill, H.R. 3756. cals, teletype news service, and travel (not For necessary expenses of the Office of Pol- to exceed $100,000 to be expended and ac- icy Development, including services as au- b 1033 counted for as provided by 3 U.S.C. 103); not thorized by 5 U.S.C. 3109, and 3 U.S.C. 107; to exceed $19,000 for official entertainment $3,867,000: Provided, That $45,000 of the funds IN THE COMMITTEE OF THE WHOLE expenses, to be available for allocation with- appropriated may not be obligated until the Accordingly the House resolved itself in the Executive Office of the President; Director of the Office of Administration has into the Committee of the Whole House $40,193,000: Provided, That $420,000 of the submitted, and the Committees on Appro- on the State of the Union for the fur- funds appropriated may not be obligated priations of the House and Senate have ap- ther consideration of the bill (H.R. until the Director of the Office of Adminis- proved, a report that identifies, evaluates, tration has submitted, and the Committees and prioritizes all computer systems invest- 3756) making appropriations for the ments planned for fiscal year 1997, a mile- Treasury Department, the U.S. Postal on Appropriations of the House and Senate have approved, a report that identifies, eval- stone schedule for the development and im- Service, the Executive Office of the uates, and prioritizes all computer systems plementation of all projects included in the President, and certain independent investments planned for fiscal year 1997, a systems investment plan, and a systems ar- agencies, for the fiscal year ending milestone schedule for the development and chitecture plan. September 30, 1997, and for other pur- implementation of all projects included in NATIONAL SECURITY COUNCIL poses, with Mr. DREIER in the chair. the systems investment plan, and a systems SALARIES AND EXPENSES The Clerk read the title of the bill. architecture plan. For necessary expenses of the National Se- The CHAIRMAN. When the Commit- EXECUTIVE RESIDENCE AT THE WHITE HOUSE curity Council, including services as author- tee of the Whole rose on Tuesday, July ized by 5 U.S.C. 3109, $6,648,000: Provided, 16, 1996, amendment No. 3 printed in OPERATING EXPENSES That $3,000 of the funds appropriated may part 2 of House Report 104–671 offered For the care, maintenance, repair and al- not be obligated until the Director of the Of- by the gentleman from Minnesota [Mr. teration, refurnishing, improvement, heating fice of Administration has submitted, and and lighting, including electric power and the Committees on Appropriations of the GUTKNECHT] had been disposed of. fixtures, of the Executive Residence at the House and Senate have approved, a report Pursuant to the order of the House of White House and official entertainment ex- that identifies, evaluates, and prioritizes all that day, the bill is considered as read. penses of the President, $7,827,000, to be ex- computer systems investments planned for The text of the remainder of the bill pended and accounted for as provided by 3 fiscal year 1997, a milestone schedule for the is as follows: U.S.C. 105, 109–110, 112–114. development and implementation of all H7666 CONGRESSIONAL RECORD — HOUSE July 17, 1996

projects included in the systems investment retary of the Treasury is authorized to re- GENERAL SERVICES ADMINISTRATION plan, and a systems architecture plan. ceive all unavailable collections transferred FEDERAL BUILDINGS FUND OFFICE OF ADMINISTRATION from the Special Forfeiture Fund established LIMITATIONS ON AVAILABILITY OF REVENUE by section 6073 of the Anti-Drug Abuse Act of SALARIES AND EXPENSES For additional expenses necessary to carry 1988 (21 U.S.C. 1509) by the Director of the Of- out the purpose of the Fund established pur- For necessary expenses of the Office of Ad- fice of Drug Control Policy as a deposit into ministration, $26,100,000, including services suant to section 210(f) of the Federal Prop- the Treasury Forfeiture Fund (31 U.S.C. erty and Administrative Services Act of 1949, as authorized by 5 U.S.C. 3109 and 3 U.S.C. 9703(a)). 107, and hire of passenger motor vehicles: as amended (40 U.S.C. 490(f)), $209,193,000, to FEDERAL DRUG CONTROL PROGRAMS Provided, That $340,700 of the funds appro- be deposited into said Fund. The revenues priated may not be obligated until the Direc- HIGH INTENSITY DRUG TRAFFICKING AREAS and collections deposited into the Fund shall tor of the Office of Administration has sub- PROGRAM be available for necessary expenses of real mitted, and the Committees on Appropria- (INCLUDING TRANSFER OF FUNDS) property management and related activities not otherwise provided for, including oper- tions of the House and Senate have approved, For necessary expenses of the Office of Na- a report that identifies, evaluates, and ation, maintenance, and protection of Feder- tional Drug Control Policy’s High Intensity ally owned and leased buildings; rental of prioritizes all computer systems investments Drug Trafficking Areas Program, $113,000,000 planned for fiscal year 1997, a milestone buildings in the District of Columbia; res- for drug control activities consistent with toration of leased premises; moving govern- schedule for the development and implemen- the approved strategy for each of the des- tation of all projects included in the systems mental agencies (including space adjust- ignated High Intensity Drug Trafficking ments and telecommunications relocation investment plan, and a systems architecture Areas, of which $3,000,000 shall be used for a plan. expenses) in connection with the assignment, newly designated High Intensity Drug Traf- allocation and transfer of space; contractual OFFICE OF MANAGEMENT AND BUDGET ficking Area in Lake County, Indiana; of services incident to cleaning or servicing SALARIES AND EXPENSES which $2,000,000 shall be used for a newly des- buildings, and moving; repair and alteration ignated High Intensity Drug Trafficking For necessary expenses of the Office of of federally owned buildings including Area for the Gulf Coast States of Louisiana, Management and Budget, including hire of grounds, approaches and appurtenances; care Alabama, and Mississippi; of which $5,000,000 passenger motor vehicles, services as author- and safeguarding of sites; maintenance, pres- shall be used for a newly designated High In- ized by 5 U.S.C. 3109, $55,573,000, of which not ervation, demolition, and equipment; acqui- tensity Drug Trafficking Area dedicated to to exceed $5,000,000 shall be available to sition of buildings and sites by purchase, combating methamphetamine use, produc- carry out the provisions of 44 U.S.C. chapter condemnation, or as otherwise authorized by tion and trafficking in a five State area in- 35: Provided, That, as provided in 31 U.S.C. law; acquisition of options to purchase build- cluding Iowa, Missouri, Nebraska, South Da- 1301(a), appropriations shall be applied only ings and sites; conversion and extension of kota, and Kansas; of which no less than to the objects for which appropriations were Federally owned buildings; preliminary plan- $59,000,000 shall be transferred to State and made except as otherwise provided by law: ning and design of projects by contract or local entities for drug control activities; and Provided further, That none of the funds ap- otherwise; construction of new buildings (in- of which up to $54,000,000 may be transferred propriated in this Act for the Office of Man- cluding equipment for such buildings); and to Federal agencies and departments at a agement and Budget may be used for the payment of principal, interest, taxes, and rate to be determined by the Director: Pro- purpose of reviewing any agricultural mar- any other obligations for public buildings ac- vided, That the funds made available under keting orders or any activities or regulations quired by installment purchase and purchase this head shall be obligated within 90 days of under the provisions of the Agricultural contract, in the aggregate amount of the date of enactment of this Act. Marketing Agreement Act of 1937 (7 U.S.C. $5,364,392,000, of which (1) not to exceed This title may be cited as the ‘‘Executive 601 et seq.): Provided further, That none of the $540,000,000 shall remain available until ex- Office Appropriations Act, 1997’’. funds made available for the Office of Man- pended for construction of additional agement and Budget by this Act may be ex- TITLE IV—INDEPENDENT AGENCIES projects at locations as follows: Fresno, Cali- pended for the altering of the transcript of COMMITTEE FOR PURCHASE FROM PEOPLE WHO fornia, Federal Building and U.S. Court- actual testimony of witnesses, except for tes- ARE BLIND OR SEVERELY DISABLED house; Denver, Colorado, U.S. Courthouse; timony of officials of the Office of Manage- SALARIES AND EXPENSES District of Columbia, U.S. Courthouse ment and Budget, before the House and Sen- Annex; Miami, Florida, U.S. Courthouse; Or- For necessary expenses of the Committee ate Committees on Appropriations or the lando, Florida, U.S. Courthouse; Covington, for Purchase From People Who Are Blind or House and Senate Committees on Veterans’ Kentucky, U.S. Courthouse; London, Ken- Severely Disabled established by the Act of Affairs or their subcommittees: Provided fur- tucky, U.S. Courthouse; Babb, Montana, June 23, 1971, Public Law 92–28; $1,800,000. ther, That this proviso shall not apply to Piegan Border Station; Sweetgrass, Mon- printed hearings released by the House and FEDERAL ELECTION COMMISSION tana, Border Station; Las Vegas, Nevada, Senate Committees on Appropriations or the SALARIES AND EXPENSES U.S. Courthouse; Brooklyn, New York, U.S. House and Senate Committees on Veterans’ For necessary expenses to carry out the Courthouse; Cleveland, Ohio, U.S. Court- Affairs. provisions of the Federal Election Campaign house; Youngstown, Ohio, U.S. Courthouse; OFFICE OF NATIONAL DRUG CONTROL POLICY Act of 1971, as amended, $27,524,000, of which Portland, Oregon, Consolidated Law Enforce- ment Federal Office Building; Erie, Penn- SALARIES AND EXPENSES no less than $2,500,000 shall be available for internal automated data processing systems, sylvania, U.S. Courthouse; Philadelphia, (INCLUDING TRANSFER OF FUNDS) and of which not to exceed $5,000 shall be Pennsylvania, Department of Veterans Af- For necessary expenses of the Office of Na- available for reception and representation fairs—Federal Complex, phase II; Columbia, tional Drug Control Policy; for research ac- expenses. South Carolina, U.S. Courthouse; Corpus tivities pursuant to title I of Public Law 100– Christi, Texas, U.S. Courthouse; Salt Lake FEDERAL LABOR RELATIONS AUTHORITY 690; not to exceed $8,000 for official reception City, Utah, Moss Courthouse Annex and Al- and representation expenses; and for partici- SALARIES AND EXPENSES teration; Blaine, Washington, U.S. Border pation in joint projects or in the provision of For necessary expenses to carry out func- Station; Oroville, Washington, U.S. Border services on matters of mutual interest with tions of the Federal Labor Relations Author- Station; Seattle, Washington, U.S. Court- nonprofit, research, or public organizations ity, pursuant to Reorganization Plan Num- house; and, Sumas, Washington, U.S. Border or agencies, with or without reimbursement; bered 2 of 1978, and the Civil Service Reform Station, (Claim): Provided, That the total $34,838,000, of which $18,000,000 shall remain Act of 1978, including services as authorized cost of the immediately foregoing United available until expended, consisting of by 5 U.S.C. 3109, including hire of experts and States Courthouse or United States Court- $1,000,000 for policy research and evaluation consultants, hire of passenger motor vehi- house annex construction projects shall be and $17,000,000 for the Counter-Drug Tech- cles, rental of conference rooms in the Dis- reduced by no less than 10 percent from the nology Assessment Center for trict of Columbia and elsewhere; $21,588,000: prospectus level estimate by improving de- counternarcotics research and development Provided, That public members of the Fed- sign efficiencies, curtailing planned interior projects, and of which $1,268,000 shall be obli- eral Service Impasses Panel may be paid finishes requiring more efficient use of gated for drug prevention public service an- travel expenses and per diem in lieu of sub- courtroom and library space, and by other- nouncements, and of which $1,000,000 shall be sistence as authorized by law (5 U.S.C. 5703) wise limiting space requirements: Provided obligated for State conferences on model for persons employed intermittently in the further, That each of the immediately fore- State drug laws: Provided, That the Government service, and compensation as going construction projects may not exceed $17,000,000 for the Counter-Drug Technology authorized by 5 U.S.C. 3109: Provided further, the original authorized level for site acquisi- Assessment Center shall be available for That notwithstanding 31 U.S.C. 3302, funds tion, design, or construction, unless ad- transfer to other Federal departments or received from fees charged to non-Federal vanced approval is obtained from the House agencies: Provided further, That the Office is participants at labor-management relations and Senate Committees on Appropriations: authorized to accept, hold, administer, and conferences shall be credited to and merged Provided further, That from funds available utilize gifts, both real and personal, for the with this account, to be available without in the Federal Buildings Fund, $20,000,000 purpose of aiding or facilitating the work of further appropriation for the costs of carry- shall be available until expended for environ- the Office: Provided further, That the Sec- ing out these conferences. mental clean up activities at the Southeast July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7667 Federal Center in the District of Columbia: Alterations may be used to pay claims main in the Fund and shall not be available Provided further, That all funds for direct against the Government arising from any for expenditure except as authorized in ap- construction projects shall expire on Sep- projects under the heading ‘‘Repairs and Al- propriations Acts. tember 30, 1999, and remain in the Federal terations’’ or used to fund authorized in- POLICY AND OPERATIONS Buildings Fund except funds for projects as creases in prospectus projects: Provided fur- For expenses authorized by law, not other- to which funds for design or other funds have ther, That $5,700,000 of the funds provided wise provided for, for Government-wide pol- been obligated in whole or in part prior to under this heading in Public Law 103–329, for icy and oversight activities associated with such date: Provided further, That claims the IRS Service Center, Holtsville, New asset management activities; utilization and against the Government of less than $250,000 York, shall be available until September 30, donation of surplus personal property; trans- arising from direct construction projects, ac- 1998; (3) not to exceed $173,075,000 for install- portation management activities; procure- quisitions of buildings and purchase contract ment acquisition payments including pay- ment and supply management activities; projects pursuant to Public Law 92–313, be ments on purchase contracts which shall re- Government-wide and internal responsibil- liquidated with prior notification to the main available until expended; (4) not to ex- ities relating to automated data manage- Committees on Appropriations of the House ceed $3,903,205,000, to remain available until ment, telecommunications, information re- and Senate to the extent savings are effected expended, for building operations, leasing ac- sources management, and related technology in other such projects; (2) not to exceed tivities, and rental of space, of which up to activities; utilization survey, deed compli- $635,000,000 shall remain available until ex- $205,000,000 shall be available for security en- ance inspection, appraisal, environmental pended, for repairs and alterations which in- hancements; and (5) not to exceed $4,800,000 and cultural analysis, and land use planning cludes associated design and construction for the development and acquisition of auto- functions pertaining to excess and surplus services, as follows: District of Columbia, matic data processing equipment, software, real property; agency-wide policy direction; Ariel Rios Building; District of Columbia, and services for the Public Buildings Service Board of Contract Appeals; accounting, Department of Justice Building (Main), which shall remain available until Septem- records management, and other support serv- phase, 1; District of Columbia, Layfayette ber 30, 1999 for transfer to accounts and in ices incident to adjudication of Indian Tribal Building; District of Columbia, State De- amounts as necessary to satisfy the Claims by the United States Court of Federal partment Building; Honolulu, Hawaii, Prince requiremens of the Public Buildings Service: Claims; services as authorized by 5 U.S.C. Jonah Kuhio Kalanianaole Federal Building Provided further, That funds available to the 3109; and not to exceed $5,000 for official re- and U.S. Courthouse; Chicago, Illinois, Ever- General Services Administration shall not be ception and representation expenses; ett M. Dirksen Federal Building; Chicago, Il- available for expenses in connection with $109,091,000. linois, John C. Kluczynski, Jr. Federal Build- any construction, repair, alteration, and ac- OFFICE OF INSPECTOR GENERAL ing (IRS); Andover, Massachusetts, IRS Re- quisition project for which a prospectus, if gional Service Center; Concord, New Hamp- required by the Public Buildings Act of 1959, For necessary expenses of the Office of In- shire, J.C. Cleveland Federal Building; Cam- as amended, has not been approved, except spector General and services authorized by 5 den, New Jersey, U.S. Post Office-Court- that necessary funds may be expended for U.S.C. 3109, $33,274,000: Provided, That not to house; Albany, New York, James T. Foley each project for required expenses in connec- exceed $5,000 shall be available for payment Post Office-Courthouse; Brookhaven, New tion with the development of a proposed pro- for information and detection of fraud York, IRS Service Center; New York, New spectus: Provided further, That the Adminis- against the Government, including payment York, Jacob K. Javits Federal Building; trator is authorized in fiscal year 1997 and for recovery of stolen Government property: Scranton, Pennsylvania, Federal Building- thereafter, to enter into and perform such Provided further, That not to exceed $2,500 U.S. Courthouse; Providence, Rhode Island, leases, contracts, or other transactions with shall be available for awards to employees of Federal Building-U.S. Courthouse; Fort any agency or instrumentality of the United other Federal agencies and private citizens Worth, Texas, Federal Center; Nationwide States, the several States, or the District of in recognition of efforts and initiatives re- repairs and alterations: Security Upgrades; Columbia, or with any person, firm, associa- sulting in enhanced Office of Inspector Gen- Chlorofluorocarbons Program; Elevator Pro- tion, or corporation, as may be necessary to eral effectiveness. gram; and, Energy Program: Provided further, implement the trade center plan at the Fed- ALLOWANCES AND OFFICE STAFF FOR FORMER That additional projects for which eral Triangle Project and is hereby granted PRESIDENTS prospectuses have been fully approved may all the rights and authorities of the former For carrying out the provisions of the Act be funded under this category only if ad- Pennsylvania Avenue Development Corpora- of August 25, 1958, as amended (3 U.S.C. 102 vance approval is obtained from the Commit- tion (PADC) with regards to property trans- note), and Public Law 95–138, $2,180,000: Pro- tees on Appropriations of the House and Sen- ferred from PADC to the General Services vided, That the Administrator of General ate: Provided further, That the amounts pro- Administration in fiscal year 1996: Provided Services shall transfer to the Secretary of vided in this or any prior Act for Repairs and further, That for the purposes of this author- the Treasury such sums as may be necessary Alterations may be used to fund costs associ- ization, buildings constructed pursuant to to carry out the provisions of such Acts. ated with implementing security improve- the purchase contract authority of the Pub- EXPENSES, PRESIDENTIAL TRANSITION ments to buildings necessary to meet the lic Buildings Amendments of 1972 (40 U.S.C. For expenses necessary to carry out the minimum standards for security in accord- 602a), buildings occupied pursuant to install- Presidential Transition Act of 1963, as ance with current law and in compliance ment purchase contracts, and buildings amended (3 U.S.C. 102 note), $5,600,000. with the reprogramming guidelines of the under the control of another department or GENERAL PROVISIONS—GENERAL SERVICES appropriate Committees of the House and agency where alterations of such buildings Senate: Provided further, That funds in the are required in connection with the moving ADMINISTRATION Federal Buildings Fund for Repairs and Al- of such other department or agency from SECTION 401. The appropriate appropriation terations shall, for prospectus projects, be buildings then, or thereafter to be, under the or fund available to the General Services Ad- limited to the originally authorized amount, control of the General Services Administra- ministration shall be credited with the cost except each project may be increased by an tion shall be considered to be federally of operation, protection, maintenance, up- amount not to exceed 10 percent when ad- owned buildings: Provided further, That funds keep, repair, and improvement, included as vance approval is obtained from the Commit- available in the Federal Buildings Fund may part of rentals received from Government tees on Appropriations of the House and Sen- be expended for emergency repairs when ad- corporations pursuant to law (40 U.S.C. 129). SEC. 402. Funds available to the General ate of a greater amount: Provided further, vance approval is obtained from the Commit- Services Administration shall be available That the difference between the funds appro- tees on Appropriations of the House and Sen- for the hire of passenger motor vehicles. priated and expended on any projects in this ate: Provided further, That amounts nec- SEC. 403. Funds in the Federal Buildings or any prior Act, under the heading ‘‘Repairs essary to provide reimbursable special serv- Fund made available for fiscal year 1997 for and Alterations’’, may be transferred to ices to other agencies under section 210(f)(6) Federal Buildings Fund activities may be Basic Repairs and Alterations or used to of the Federal Property and Administrative transferred between such activities only to fund authorized increases in prospectus Services Act of 1949, as amended (40 U.S.C. the extent necessary to meet program re- projects: Provided further, That such sums as 490(f)(6)) and amounts to provide such reim- quirements: Provided, That any proposed may be necessary shall be made available for bursable fencing, lighting, guard booths, and transfers shall be approved in advance by the ongoing renovation and consolidation efforts other facilities on private or other property Committees on Appropriations of the House at the National Veterinary Services Labora- not in Government ownership or control as and Senate. tory and a biocontainment facility at the may be appropriate to enable the United SEC. 404. Section 10 of the General Services National Animal Disease Center, as directed States Secret Service to perform its protec- Administration General Provisions, Public in Public Law 104–52: Provided further, That tive functions pursuant to 18 U.S.C. 3056, as Law 100–440, dated September 22, 1988, is all funds for repairs and alterations prospec- amended, shall be available from such reve- hereby repealed. tus projects shall expire on September 30, nues and collections: Provided further, That SEC. 405. No funds made available by this 1999, and remain in the Federal Buildings revenues and collections and any other sums Act shall be used to transmit a fiscal year Fund except funds for projects as to which accruing to this Fund during fiscal year 1997, 1998 request for United States Courthouse funds for design or other funds have been ob- excluding reimbursements under section construction that does not meet the design ligated in whole or in part prior to such date: 210(f)(6) of the Federal Property and Admin- guide standards for construction as estab- Provided further, That the amount provided istrative Services Act of 1949 (40 U.S.C. lished by the General Services Administra- in this or any prior Act for Basic Repairs and 490(f)(6)) in excess of $5,364,392,000 shall re- tion, the Judicial Conference of the United H7668 CONGRESSIONAL RECORD — HOUSE July 17, 1996

States, and the Office of Management and rials used for the facade on the United States NATIONAL HISTORICAL PUBLICATIONS AND Budget and does not reflect the priorities of Courthouse Annex, Savannah, Georgia RECORDS COMMISSION the Judicial Conference of the United States project are compatible with the existing Sa- GRANTS PROGRAM as set out in its approved 5-year construction vannah Federal Building-U.S. Courthouse plan: Provided, That the request must be ac- fascade, in order to ensure compatibility of For necessary expenses for allocations and companied by a standardized courtroom uti- this new facility with the Savannah historic grants for historical publications and records lization study of each facility to be replaced district and to ensure that the Annex will as authorized by 44 U.S.C. 2504, as amended, or expanded. not endanger the National Landmark status $4,000,000 to remain available until expended. SEC. 406. (a) Section 210 of the Federal of the Savannah historic district. OFFICE OF GOVERNMENT ETHICS Property and Administrative Services Act of SEC. 410. Notwithstanding any other provi- SALARIES AND EXPENSES 1949 (40 U.S.C. 490) is amended by adding at sion of this or any other Act, during the fis- the end the following new subsection: cal year ending September 30, 1997, and For necessary expenses to carry out func- ‘‘(l)(1) The Administrator may establish, thereafter, the Administrator of General tions of the Office of Government Ethics pur- acquire space for, and equip flexiplace work Services may sell or exchange real property, suant to the Ethics in Government Act of telecommuting centers (in this subsection related assets or interests therein under the 1978, as amended by Public Law 100–598, and referred to as ‘telecommuting centers’) for custody and control of the General Services the Ethics Reform Act of 1989, Public Law use by employees of Federal agencies, State Administration, whether or not such prop- 101–194, including services as authorized by 5 and local governments, and the private sec- erty or interests therein are excess to its U.S.C. 3109, rental of conference rooms in the tor in accordance with this subsection. needs, when the Administrator determines District of Columbia and elsewhere, hire of ‘‘(2) The Administrator may make any that such sale or exchange is consistent with passenger motor vehicles, and not to exceed telecommuting center available for use by economical management of the Federal real $1,500 for official reception and representa- individuals who are not Federal employees property portfolio, as such portfolio may be tion expenses; $8,078,000. to the extent the center is not being fully defined by the Administrator: Provided, That OFFICE OF PERSONNEL MANAGEMENT utilized by Federal employees. The Adminis- any proceeds from such sale or exchange re- SALARIES AND EXPENSES trator shall give Federal employees priority maining after reimbursing the Adminis- in using the telecommuting centers. trator for the costs of such sales or changes, (INCLUDING TRANSFER OF TRUST FUNDS) ‘‘(3)(A) The Administrator shall charge including the costs of relocating Federal For necessary expenses to carry out func- user fees for the use of any telecommuting agencies occupying the property, shall be de- tions of the Office of Personnel Management center. The amount of the user fee shall ap- posited in the Federal Buildings Fund and pursuant to Reorganization Plan Numbered 2 proximate commercial charges for com- shall remain available until expended. of 1978 and the Civil Service Reform Act of parable space and services except that in no 1978, including services as authorized by 5 instance shall such fee be less than that nec- JOHN F. KENNEDY ASSASSINATION RECORDS U.S.C. 3109; medical examinations performed essary to pay the cost of establishing and op- REVIEW BOARD for veterans by private physicians on a fee erating the center, including the reasonable For necessary expenses to carry out the basis; rental of conference rooms in the Dis- cost of renovation and replacement of fur- John F. Kennedy Assassination Records Col- trict of Columbia and elsewhere; hire of pas- niture, fixtures, and equipment. lection Act of 1992, $2,150,000. ‘‘(B) Amounts received by the Adminis- senger motor vehicles; not to exceed $2,500 MERIT SYSTEMS PROTECTION BOARD trator after September 30, 1993, as user fees for official reception and representation ex- for use of any telecommuting center may be SALARIES AND EXPENSES penses; advances for reimbursements to ap- plicable funds of the Office of Personnel deposited into the Fund established under (INCLUDING TRANSFER OF FUNDS) subsection (f) of this section and may be used Management and the Federal Bureau of In- by the Administrator to pay costs incurred For necessary expenses to carry out func- vestigation for expenses incurred under Ex- in the establishment and operation of the tions of the Merit Systems Protection Board ecutive Order 10422 of January 9, 1953, as center. pursuant to Reorganization Plan Numbered 2 amended; and payment of per diem and/or ‘‘(4) The Administrator may provide guid- of 1978 and the Civil Service Reform Act of subsistence allowances to employees where ance, assistance, and oversight to any person 1978, including services as authorized by 5 Voting Rights Act activities require an em- regarding establishment and operation of al- U.S.C. 3109, rental of conference rooms in the ployee to remain overnight at his or her post ternative workplace arrangements, such as District of Columbia and elsewhere, hire of of duty; $86,576,000; and in addition $93,486,000 telecommuting, hoteling, virtual offices, and passenger motor vehicles, and direct pro- for administrative expenses, to be trans- other distributive work arrangements. curement of survey printing, $23,297,000, to- ferred from the appropriate trust funds of ‘‘(5) In considering whether to acquire any gether with not to exceed $2,430,000 for ad- the Office of Personnel Management without space, quarters, buildings, or other facilities ministrative expenses to adjudicate retire- regard to other statutes, including direct for use by employees of any executive agen- ment appeals to be transferred from the Civil procurement of printing materials for annu- cy, the head of that agency shall consider Service Retirement and Disability Fund in itants, for the retirement and insurance pro- whether the need for the facilities can be amounts determined by the Merit Systems grams, of which $2,250,000 shall be trans- met using alternative workplace arrange- Protection Board. ferred at such times as the Office of Person- ments referred to in paragraph (4). NATIONAL ARCHIVES AND RECORDS nel Management deems appropriate, and (b) Section 13 of the Public Building Act of ADMINISTRATION shall remain available until expended for the 1959, as amended, (107 Stat. 438; 40 U.S.C. 612) costs of automating the retirement record- OPERATING EXPENSES is amended— keeping systems, together with remaining (1) by striking ‘‘(xi)’’ and inserting in lieu For necessary expenses in connection with amounts authorized in previous Acts for the thereof ‘‘(xii)’’; and the administration of the National Archives recordkeeping systems: Provided, That the (2) by striking ‘‘and (x)’’ and inserting in (including the Information Security Over- provisions of this appropriation shall not af- lieu thereof ‘‘(x) telecommuting centers and sight Office) and records and related activi- fect the authority to use applicable trust (xi)’’. ties, as provided by law, and for expenses funds as provided by section 8348(a)(1)(B) of SEC. 407. None of the funds provided in this necessary for the review and declassification title 5, United States Code: Provided further, Act may be used to implement a plan for the of documents, and for the hire of passenger That, except as may be consistent with 5 Ronald Reagan Building (International motor vehicles, $195,109,000: Provided, That U.S.C. 8902a(f)(1) and (i), no payment may be Trade Center, Washington, D.C.) which the Archivist of the United States is author- made from the Employees Health Benefits would permit the Woodrow Wilson Center to ized to use any excess funds available from Fund to any physician, hospital, or other pay the General Services Administration less the amount borrowed for construction of the provider of health care services or supplies than the rate per square foot assessment for National Archives facility, for expenses nec- who is, at the time such services or supplies space and services which is paid by other essary to move into the facility. are provided to an individual covered under Federal entities. NATIONAL ARCHIVES AND RECORDS chapter 89 of title 5, United States Code, ex- SEC. 408. None of the funds provided in this ADMINISTRATION cluded, pursuant to section 1128 or 1128A of Act may be used to increase the amount of the Social Security Act (42 U.S.C. 1320a–7– occupiable square feet, provide cleaning (RESCISSION) 1320a–7a), from participation in any program services, security enhancements, or any Of the funds made available under this under title XVIII of the Social Security Act other service usually provided through the heading in Public Law 104–52, $4,500,000 are (42 U.S.C. 1395 et seq.): Provided further, That Federal Buildings Fund, to any agency which rescinded. no part of this appropriation shall be avail- does not pay the requested rate per square ARCHIVES FACILITIES AND PRESIDENTIAL able for salaries and expenses of the Legal foot assessment for space and services as de- LIBRARIES Examining Unit of the Office of Personnel termined by the General Services Adminis- Management established pursuant to Execu- tration in compliance with the Public Build- REPAIRS AND RESTORATION tive Order 9358 of July 1, 1943, or any succes- ings Amendments Act of 1972 (Public Law 92– For the repair, alteration, and improve- sor unit of like purpose: Provided further, 313). ment of archives facilities and presidential That the President’s Commission on White SEC. 409. The Administrator of the General libraries, $9,500,000 to remain available until House Fellows, established by Executive Services is directed to ensure that the mate- expended. Order 11183 of October 3, 1964, may, during July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7669 the fiscal year ending September 30, 1997, ac- and expenses for witnesses, rental of con- Member or committee of Congress in connec- cept donations of money, property, and per- ference rooms in the District of Columbia tion with any matter pertaining to the em- sonal services in connection with the devel- and elsewhere, and hire of passenger motor ployment of such officer or employee or per- opment of a publicity brochure to provide in- vehicles; $7,840,000. taining to the United States Postal Service formation about the White House Fellows, UNITED STATES TAX COURT in any way, irrespective of whether such except that no such donations shall be ac- communication or contact is at the initia- SALARIES AND EXPENSES cepted for travel or reimbursement of travel tive of such officer or employee or in re- expenses, or for the salaries of employees of For necessary expenses, including contract sponse to the request or inquiry of such such Commission. reporting and other services as authorized by Member or committee; or 5 U.S.C. 3109, $33,269,000: Provided, That trav- (2) removes, suspends from duty without GENERAL PROVISIONS—OFFICE OF PERSONNEL el expenses of the judges shall be paid upon MANAGEMENT pay, demotes, reduces in rank, seniority, sta- the written certificate of the judge. tus, pay, or performance of efficiency rating, SEC. 421. The first sentence of section This title may be cited as the ‘‘Independ- denies promotion to, relocates, reassigns, 1304(e)(1) of title 5, United States Code, is ent Agencies Appropriations Act, 1997’’. transfers, disciplines, or discriminates in re- amended by inserting after ‘‘basis’’ the fol- TITLE V—GENERAL PROVISIONS gard to any employment right, entitlement, lowing ‘‘, including personnel management or benefit, or any term or condition of em- services performed at the request of individ- THIS ACT ployment of, any officer or employee of the ual agencies (which would otherwise be the SECTION 501. No part of any appropriation United States Postal Service, or attempts or responsibility of such agencies), or at the re- contained in this Act shall remain available threatens to commit any of the foregoing ac- quest of nonappropriated fund instrumental- for obligation beyond the current fiscal year tions with respect to such officer or em- ities’’. unless expressly so provided herein. SEC. 502. The expenditure of any appropria- ployee, by reason of any communication or OFFICE OF INSPECTOR GENERAL tion under this Act for any consulting serv- contact of such officer or employee with any SALARIES AND EXPENSES ice through procurement contract, pursuant Member or committee of Congress as de- (INCLUDING TRANSFER OF TRUST FUNDS) to 5 U.S.C. 3109, shall be limited to those scribed in paragraph (1). SEC. 508. The Office of Personnel Manage- For necessary expenses of the Office of In- contracts where such expenditures are a matter of public record and available for ment may, during the fiscal year ending Sep- spector General in carrying out the provi- tember 30, 1997, accept donations of supplies, sions of the Inspector General Act, as public inspection, except where otherwise provided under existing law, or under exist- services, land, and equipment for the Federal amended, including services as authorized by Executive Institute and Management Devel- 5 U.S.C. 3109, hire of passenger motor vehi- ing Executive order issued pursuant to exist- ing law. opment Centers to assist in enhancing the cles, $960,000; and in addition, not to exceed quality of Federal management. SEC. 503. None of the funds made available $8,645,000 for administrative expenses to SEC. 509. The United States Secret Service to the General Services Administration pur- audit the Office of Personnel Management’s may, during the fiscal year ending Septem- suant to section 210(f) of the Federal Prop- retirement and insurance programs, to be ber 30, 1997, and hereafter, accept donations erty and Administrative Services Act of 1949 transferred from the appropriate trust funds of money to off-set costs incurred while pro- shall be obligated or expended after the date of the Office of Personnel Management, as tecting former Presidents and spouses of of enactment of this Act for the procurement determined by the Inspector General: Pro- former Presidents when the former President by contract of any guard, elevator operator, vided, That the Inspector General is author- or spouse travels for the purpose of making messenger or custodial services if any per- ized to rent conference rooms in the District an appearance or speech for a payment of manent veterans preference employee of the of Columbia and elsewhere. money or any thing of value. General Services Administration at said REVOLVING FUND SEC. 510. No part of any appropriation con- date, would be terminated as a result of the For reducing any accumulated deficit in tained in this Act shall be available to pay procurement of such services, except that the salary for any person filling a position, the accounts of the revolving fund estab- such funds may be obligated or expended for lished under 5 U.S.C. 1304(e), $4,755,000. other than a temporary position, formerly the procurement by contract of the covered held by an employee who has left to enter GOVERNMENT PAYMENT FOR ANNUITANTS, services with sheltered workshops employing the Armed Forces of the United States and EMPLOYEES HEALTH BENEFITS the severely handicapped under Public Law has satisfactorily completed his period of ac- For payment of Government contributions 92–28. Only if such workshops decline to con- tive military or naval service and has within with respect to retired employees, as author- tract for the provision of the covered serv- 90 days after his release from such service or ized by chapter 89 of title 5, United States ices may the General Services Administra- from hospitalization continuing after dis- Code, and the Retired Federal Employees tion procure the services by competitive con- charge for a period of not more than 1 year Health Benefits Act (74 Stat. 849), as amend- tract, for a period not to exceed 5 years. At made application for restoration to his ed, such sums as may be necessary. such time as such competitive contract ex- former position and has been certified by the pires or is terminated for any reason, the GOVERNMENT PAYMENT FOR ANNUITANTS, Office of Personnel Management as still General Services Administration shall again EMPLOYEE LIFE INSURANCE qualified to perform the duties of his former offer to contract for the services from a shel- For payment of Government contributions position and has not been restored thereto. tered workshop prior to offering such serv- SEC. 511. None of the funds made available with respect to employees retiring after De- ices for competitive procurement. cember 31, 1989, as required by chapter 87 of in this Act may be used to provide any non- SEC. 504. None of the funds made available public information such as mailing or tele- title 5, United States Code, such sums as by this Act shall be available for any activ- may be necessary. phone lists to any person or any organiza- ity or for paying the salary of any Govern- tion outside of the Federal Government PAYMENT TO CIVIL SERVICE RETIREMENT AND ment employee where funding an activity or without the approval of the House and Sen- DISABILITY FUND paying a salary to a Government employee ate Committees on Appropriations. For financing the unfunded liability of new would result in a decision, determination, SEC. 512. No funds appropriated pursuant to and increased annuity benefits becoming ef- rule, regulation, or policy that would pro- this Act may be expended by an entity un- fective on or after October 20, 1969, as au- hibit the enforcement of section 307 of the less the entity agrees that in expending the thorized by 5 U.S.C. 8348, and annuities under Tariff Act of 1930. assistance the entity will comply with sec- special Acts to be credited to the Civil Serv- SEC. 505. None of the funds made available tions 2 through 4 of the Act of March 3, 1933 ice Retirement and Disability Fund, such by this Act shall be available for the purpose (41 U.S.C. 10a–10c, popularly known as the sums as may be necessary: Provided, That an- of transferring control over the Federal Law ‘‘Buy American Act’’). nuities authorized by the Act of May 29, 1944, Enforcement Training Center located at SEC. 513. (a) PURCHASE OF AMERICAN-MADE as amended, and the Act of August 19, 1950, Glynco, Georgia, and Artesia, New Mexico, EQUIPMENT AND PRODUCTS.—In the case of as amended (33 U.S.C. 771–75), may hereafter out of the Treasury Department. any equipment or products that may be au- be paid out of the Civil Service Retirement SEC. 506. No part of any appropriation con- thorized to be purchased with financial as- and Disability Fund. tained in this Act shall be used for publicity sistance provided under this Act, it is the or propaganda purposes within the United OFFICE OF SPECIAL COUNSEL sense of the Congress that entities receiving States not heretofore authorized by the Con- such assistance should, in expending the as- SALARIES AND EXPENSES gress. sistance, purchase only American-made For necessary expenses to carry out func- SEC. 507. No part of any appropriation con- equipment and products. tions of the Office of Special Counsel pursu- tained in this Act shall be available for the (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— ant to Reorganization Plan Numbered 2 of payment of the salary of any officer or em- In providing financial assistance under this 1978, the Civil Service Reform Act of 1978 ployee of the United States Postal Service, Act, the Secretary of the Treasury shall pro- (Public Law 95–454), the Whistleblower Pro- who— vide to each recipient of the assistance a no- tection Act of 1989 (Public Law 101–12), Pub- (1) prohibits or prevents, or attempts or tice describing the statement made in sub- lic Law 103–424, and the Uniformed Services threatens to prohibit or prevent, any officer section (a) by the Congress. Employment and Reemployment Act of 1994 or employee of the United States Postal SEC. 514. If it has been finally determined (Public Law 103–353), including services as Service from having any direct oral or writ- by a court or Federal agency that any person authorized by 5 U.S.C. 3109, payment of fees ten communication or contact with any intentionally affixed a label bearing a ‘‘Made H7670 CONGRESSIONAL RECORD — HOUSE July 17, 1996 in America’’ inscription, or any inscription other law enforcement authority which has 5, United States Code, or another retirement with the same meaning, to any product sold been provided to these officers under other system for employees of the agency; in or shipped to the United States that is not provisions of law or regulations. (C) an employee having a disability on the made in the United States, such person shall SEC. 518. No funds appropriated by this Act basis of which such employee is or would be be ineligible to receive any contract or sub- shall be available to pay for an abortion, or eligible for disability retirement under the contract made with funds provided pursuant the administrative expenses in connection applicable retirement system referred to in to this Act, pursuant to the debarment, sus- with any health plan under the Federal em- subparagraph (A); pension, and ineligibility procedures de- ployees health benefit program which pro- (D) an employee who is in receipt of a spe- scribed in section 9.400 through 9.409 of title vides any benefits or coverage for abortions. cific notice of involuntary separation for 48, Code of Federal Regulations. SEC. 519. The provision of section 518 shall misconduct or unacceptable performance; SEC. 515. Except as otherwise specifically not apply where the life of the mother would (E) an employee who, upon completing an provided by law, not to exceed 50 percent of be endangered if the fetus were carried to additional period of service is referred to in unobligated balances remaining available at term, or the pregnancy is the result of an act section 3(b)(2)(B)(ii) of the Federal the end of fiscal year 1997 from appropria- of rape or incest. Workforce Restructuring Act of 1994 (5 tions made available for salaries and ex- SEC. 520. No part of any appropriation U.S.C. 5597 note), would qualify for a vol- penses for fiscal year 1997 in this Act, shall made available in this Act shall be used to untary separation incentive payment under remain available through September 30, 1998, implement Bureau of Alcohol, Tobacco and section 3 of such Act; for each such account for the purposes au- Firearms Ruling TD ATF–360; Re: Notice (F) an employee who has previously re- thorized: Provided, That a request shall be Nos. 782, 780, 91F009P. ceived any voluntary separation incentive submitted to the House and Senate Commit- SEC. 521. Notwithstanding title 5, United payment by the Federal Government under tees on Appropriations for approval prior to States Code, Personal Service Contractors this section or any other authority and has the expenditure of such funds. (PSC) employed by the Department of the not repaid such payment; SEC. 516. Where appropriations in this Act Treasury for assignment in a country other (G) an employee covered by statutory re- are expendable for travel expenses of em- than the United States, shall be considered employment rights who is on transfer to an- ployees and no specific limitation has been as Federal Government employees for pur- other organization; or placed thereon, the expenditures for such poses of making available Federal employee (H) any employee who, during the twenty travel expenses may not exceed the amount health and life insurance. four month period preceding the date of sep- set forth in the budget estimates submitted SEC. 522. Section 5131 of title 31, United aration, has received a recruitment or relo- for appropriations without the advance ap- States Code, is amended by striking sub- cation bonus under section 5753 of title 5, proval of the House and Senate Committees section (c); and by redesignating subsection United States Code, or who, within the on Appropriations: Provided, That this sec- (d) as subsection (c). twelve month period preceding the date of tion shall not apply to travel performed by SEC. 523. Section 5112(i)(4) of title 31, Unit- separation, received a retention allowable uncompensated officials of local boards and ed States Code, is amended by adding at the under section 5754 of title 5, United States appeal boards in the Selective Service Sys- end the following new subparagraph: Code. tem; to travel performed directly in connec- ‘‘(C) The Secretary may continue to mint (b) AGENCY STRATEGIC PLAN.— tion with care and treatment of medical and issue coins in accordance with the speci- (1) IN GENERAL.—The head of each agency, beneficiaries of the Department of Veterans fications contained in paragraphs (7), (8), (9), prior to obligating any resources for vol- Affairs; to travel of the Office of Personnel and (10) of subsection (a) and paragraph untary separation incentive payments, shall Management in carrying out its observation (1)(A) of this subsection at the same time the submit to the House and Senate Committees responsibilities of the Voting Rights Act; or Secretary in minting and issuing other bul- on Appropriations and the Committee on to payments to interagency motor pools sep- lion and proof gold coins under this sub- Governmental Affairs of the Senate and the arately set forth in the budget schedules. section in accordance with such program Committee on Government Reform and Over- SEC. 517. Notwithstanding any other provi- procedures and coin specifications, designs, sight of the House of Representatives a stra- sion of law or regulation during the fiscal varieties, quantities, denominations, and in- tegic plan outlining the intended use of such year ending September 30, 1997, and there- scriptions as the Secretary, in the Sec- incentive payments and a proposed organiza- after: retary’s discretion, may prescribe from time tional chart for the agency once such incen- (1) The authority of the special police offi- to time.’’: Provided, That profits generated tive payments have been completed. cers of the Bureau of Engraving and Print- from the sale of gold to the United States (2) CONTENTS.—The agency’s plan shall in- ing, in the Washington, DC Metropolitan Mint for this program shall be considered as clude— area, extends to buildings and land under the a receipt to be deposited into the General (A) the positions and functions to be re- custody and control of the Bureau; to build- Fund of the Treasury. duced or eliminated, identified by organiza- ings and land acquired by or for the Bureau SEC. 524. Section 5112 of title 31, United tional unit, geographic location, occupa- through lease, unless otherwise provided by States Code, is amended by adding at the end tional category and grade level; the acquisition agency; to the streets, side- the following new subsection: (B) the number and amounts of voluntary walks and open areas immediately adjacent ‘‘(k) The Secretary may mint and issue separation incentive payments to be offered; to the Bureau along Wallenberg Place (15th bullion and proof platinum coins in accord- and Street) and 14th Street between Independ- ance with such specifications, designs, vari- (C) a description of how the agency will op- ence and Maine Avenues and C and D Streets eties, quantities, denominations, and in- erate without the eliminated positions and between 12th and 14th Streets; to areas scriptions as the Secretary, in the Sec- functions. which include surrounding parking facilities retary’s discretion, may prescribe from time (c) AUTHORITY TO PROVIDE VOLUNTARY SEP- used by Bureau employees, including the lots to time.’’: Provided, That the Secretary is au- ARATION INCENTIVE PAYMENTS.— at 12th and C Streets, SW, Maine Avenue and thorized to use Government platinum re- (1) IN GENERAL.—A voluntary separation Water Streets, SW, Maiden Lane, the Tidal serves stockpiled at the United States Mint incentive payment under this section may be Basin and East Potomac Park; to the protec- as working inventory and shall ensure that paid by an agency to any employee only to tion in transit of United States securities, reserves utilized are replaced by the Mint. the extent necessary to eliminate the posi- plates and dies used in the production of SEC. 525. VOLUNTARY SEPARATION INCEN- tions and functions identified by the strate- United States securities, or other products TIVES FOR EMPLOYEES OF CERTAIN FEDERAL gic plan. or implements of the Bureau of Engraving AGENCIES.—(a) DEFINITIONS.—For the pur- (2) AMOUNT AND TREATMENT OF PAYMENTS.— and Printing which the Director of that poses of this section— A voluntary separation incentive payment— agency so designates. (1) the term ‘‘agency’’ means the Internal (A) shall be paid in a lump sum after the (2) The authority of the special police offi- Revenue Service, the Bureau of Alcohol, To- employee’s separation; cers of the United States Mint extends to the bacco and Firearms, and the United States (B) shall be paid from appropriations or buildings and land under the custody and Customs Service; funds available for the payment of the basic control of the Mint; to the streets, sidewalks (2) the term ‘‘employee’’ means an em- pay of the employees; and open areas in the vicinity to such facili- ployee (as defined by section 2105 of title 5, (C) shall be equal to the lesser of— ties; to surrounding parking facilities used United States Code) who is employed by an (i) an amount equal to the amount the em- by Mint employees; and to the protection in agency, is serving under an appointment ployee would be entitled to receive under transit of bullion, coins, dies, and other without time limitation, and has been cur- section 5595(c) of title 5, United States Code; property and assets of, or in the custody of, rently employed for a continuous period of or the Mint. at least 12 months, but does not include— (ii) an amount determined by the agency (3) The exercise of police authority by Bu- (A) any employee who, upon separation head not to exceed $25,000; reau or Mint officers, with the exception of and application, would then be eligible for an (D) may not be made except in the case of the exercise of authority upon property immediate annuity under subchapter III of any qualifying employee who voluntarily under the custody and control of the Bureau chapter 83 or chapter 84 of title 5, United separates (whether by retirement or resigna- or the Mint, respectively, shall be deemed States Code, or another retirement system tion) before February 1, 1997; supplementary to the Federal police force for employees of the agency; (E) shall not be a basis for payment, and with primary jurisdictional responsibility. (B) a reemployed annuitant under sub- shall not be included in the computation, of This authority shall be in addition to any chapter III of chapter 83 or chapter 84 of title any other type of Government benefit; and July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7671 (F) shall not be taken into account in de- upon the Secretary’s evaluation of the Direc- such department, agency, or instrumental- termining the amount of any severance pay tor’s performance in accordance with the ity. to which the employee may be entitled under performance agreement. SEC. 603. Notwithstanding 31 U.S.C. 1345, section 5595 of title 5, United States Code, SEC. 528. (a) REIMBURSEMENT OF CERTAIN any agency, department or instrumentality based on any other separation. ATTORNEY FEES AND COSTS.— of the United States which provides or pro- (d) ADDITIONAL AGENCY CONTRIBUTIONS TO (1) IN GENERAL.—The Secretary of the poses to provide child care services for Fed- THE RETIREMENT FUND.— Treasury shall pay from amounts appro- eral employees may reimburse any Federal (1) IN GENERAL.—In addition to any other priated in title I of this Act under the head- employee or any person employed to provide payments which it is required to make under ing, ‘‘Departmental Offices, Salaries and Ex- such services for travel, transportation, and subchapter III of chapter 83 of title 5, United penses’’, up to $500,000 to reimburse former subsistence expenses incurred for training States Code, an agency shall remit to the Of- employees of the White House Travel Office classes, conferences or other meetings in fice of Personnel Management for deposit in whose employment in that Office was termi- connection with the provision of such serv- the Treasury of the United States to the nated on May 19, 1993, for any attorney fees ices: Provided, That any per diem allowance credit of the Civil Service Retirement and and costs they incurred with respect to that made pursuant to this section shall not ex- Disability Fund an amount equal to 15 per- termination. ceed the rate specified in regulations pre- cent of the final basic pay of each employee (2) VERIFICATION REQUIRED.—The Secretary scribed pursuant to section 5707 of title 5, of the agency who is covered under sub- shall pay an individual in full under para- United States Code. chapter III of chapter 83 or chapter 84 of title graph (1) upon submission by the individual SEC. 604. Unless otherwise specifically pro- 5, United States Code, to whom a voluntary of documentation verifying the attorney fees vided, the maximum amount allowable dur- separation incentive has been paid under this and costs. ing the current fiscal year in accordance section. (3) NO INFERENCE OF LIABILITY.—Liability with section 16 of the Act of August 2, 1946 (2) DEFINITION.—For the purpose of para- of the United States shall not be inferred (60 Stat. 810), for the purchase of any pas- graph (1), the term ‘‘final basic pay’’, with from enactment of or payment under this senger motor vehicle (exclusive of buses, am- respect to an employee, means the total subsection. bulances, law enforcement, and undercover amount of basic pay which would be payable (b) LIMITATION ON FILING OF CLAIMS.—The surveillance vehicles), is hereby fixed at for a year of service by such employee, com- Secretary of the Treasury shall not pay any $8,100 except station wagons for which the puted using the employee’s final rate of basic claim filed under this section that is filed maximum shall be $9,100: Provided, That pay, and, if last serving on other than a full- later than 120 days after the date of the en- these limits may be exceeded by not to ex- time basis, with appropriate adjustment actment of this Act. ceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty therefor. (c) REDUCTION.—The amount paid pursuant (e) EFFECT OF SUBSEQUENT EMPLOYMENT to this section to an individual for attorney vehicles: Provided further, That the limits set WITH THE GOVERNMENT.—An individual who fees and costs described in subsection (a) forth in this section may not be exceeded by has received a voluntary separation incen- shall be reduced by any amount received be- more than 5 percent for electric or hybrid ve- tive payment under this section and accepts fore the date of the enactment of this Act, hicles purchased for demonstration under any employment for compensation with the without obligation for repayment by the in- the provisions of the Electric and Hybrid Ve- Government of the United States, or who dividual, for payment of such attorney fees hicle Research, Development, and Dem- works for any agency of the United States and costs (including any amount received onstration Act of 1976: Provided further, That Government through a personal services con- from the funds appropriated for the individ- the limits set forth in this section may be tract, within 5 years after the date of the ual in the matter relating to the ‘‘Office of exceeded by the incremental cost of clean al- separation on which the payment is based the General Counsel’’ under the heading ‘‘Of- ternative fuels vehicles acquired pursuant to shall be required to pay, prior to the individ- fice of the Secretary’’ in title I of the De- Public Law 101–549 over the cost of com- ual’s first day of employment, the entire partment of Transportation and Related parable conventionally fueled vehicles. SEC. 605. Appropriations of the executive amount of the incentive payment to the Agencies Appropriations Act, 1994). departments and independent establishments agency that paid the incentive payment. (d) PAYMENT IN FULL SETTLEMENT OF for the current fiscal year available for ex- (f) REDUCTION OF AGENCY EMPLOYMENT CLAIMS AGAINST THE UNITED STATES.—Pay- LEVELS.— ment under this section, when accepted by penses of travel or for the expenses of the ac- (1) IN GENERAL.—The total number of fund- an individual described in subsection (a), tivity concerned, are hereby made available ed employee positions in the agency shall be shall be in full satisfaction of all claims of, for quarters allowances and cost-of-living al- reduced by one position for each vacancy or on behalf of, the individual against the lowances, in accordance with 5 U.S.C. 5922– created by the separation of any employee United States that arose out of the termi- 24. SEC. 606. Unless otherwise specified during who has received, or is due to receive, a vol- nation of the White House Travel Office em- the current fiscal year, no part of any appro- untary separation incentive payment under ployment of that individual on May 19, 1993. priation contained in this or any other Act this section. For the purposes of this sub- SEC. 529. None of the funds made available shall be used to pay the compensation of any section, positions shall be counted on a full- in this Act may be used by the Executive Of- officer or employee of the Government of the time-equivalent basis. fice of the President to request from the Fed- United States (including any agency the ma- (2) ENFORCEMENT.—The President, through eral Bureau of Investigation any official jority of the stock of which is owned by the the Office of Management and Budget, shall background investigation report on any indi- Government of the United States) whose monitor the agency and take any action nec- vidual, except when it is made known to the post of duty is in the continental United essary to ensure that the requirements of Federal official having authority to obligate States unless such person (1) is a citizen of this subsection are met. or expend such funds that— the United States, (2) is a person in the serv- (g) EFFECTIVE DATE.—This section shall (1) such individual has given his or her ex- ice of the United States on the date of enact- take effect October 1, 1996. press written consent for such request not ment of this Act who, being eligible for citi- SEC. 526. That provisions of law governing more than 6 months prior to the date of such zenship, has filed a declaration of intention procurement or public contracts shall not be request and during the same presidential ad- to become a citizen of the United States applicable to the procurement of goods or ministration; or prior to such date and is actually residing in services necessary for carrying out Bureau of (2) such request is required due to extraor- the United States, (3) is a person who owes Engraving and Printing program and oper- dinary circumstances involving national se- allegiance to the United States, (4) is an ation: Provided, That the authority con- curity. tained in this provision shall expire on Sep- alien from Cuba, Poland, South Vietnam, the TITLE VI—GENERAL PROVISIONS tember 30, 1999. countries of the former Soviet Union, or the SEC. 527. The United States Mint is hereby DEPARTMENTS, AGENCIES, AND CORPORATIONS Baltic countries lawfully admitted to the authorized to establish a demonstration SECTION 601. Funds appropriated in this or United States for permanent residence, (5) is project under the authorities of title V, any other Act may be used to pay travel to a South Vietnamese, Cambodian, or Laotian U.S.C., chapter 47: Provided, That the Direc- the United States for the immediate family refugee paroled in the United States after tor of the United States Mint shall be ap- of employees serving abroad in cases of death January 1, 1975, or (6) is a national of the pointed by the President, by and with the ad- or life threatening illness of said employee. People’s Republic of China who qualifys for vice and consent of the Senate; the Director SEC. 602. No department, agency, or instru- adjustment of status pursuant to the Chinese shall serve on the basis of a six-year con- mentality of the United States receiving ap- Student Protection Act of 1992: Provided, tract, which may be renewed, so long as the propriated funds under this or any other Act That for the purpose of this section, an affi- Director’s performance, as set forth in an an- for fiscal year 1997 shall obligate or expend davit signed by any such person shall be con- nual performance agreement with the Sec- any such funds, unless such department, sidered prima facie evidence that the re- retary of the Treasury, is satisfactory; and agency, or instrumentality has in place, and quirements of this section with respect to the Director shall receive as basic compensa- will continue to administer in good faith, a his or her status have been complied with: tion for a calendar year an amount equal to written policy designed to ensure that all of Provided further, That any person making a the annual rate of basic pay for level I of the its workplaces are free from the illegal use, false affidavit shall be guilty of a felony, Executive Schedule under section 5312 of possession, or distribution of controlled sub- and, upon conviction, shall be fined no more title 5 and, in addition, may receive an an- stances (as defined in the Controlled Sub- than $4,000 or imprisoned for not more than nual bonus awarded by the Secretary, based stances Act) by the officers and employees of 1 year, or both: Provided further, That the H7672 CONGRESSIONAL RECORD — HOUSE July 17, 1996 above penal clause shall be in addition to, tenance or repair of the building or facility. that exceeds, as a result of a wage survey ad- and not in substitution for, any other provi- Any funds retained under this section shall justment, the rate payable under paragraph sions of existing law: Provided further, That remain available until expended for such (1) by more than the sum of— any payment made to any officer or em- purposes. (A) the percentage adjustment taking ef- ployee contrary to the provisions of this sec- SEC. 612. (a) IN GENERAL.—Section 1306 of fect in fiscal year 1997 under section 5303 of tion shall be recoverable in action by the title 31, United States Code, is amended to title 5, United States Code, in the rates of Federal Government. This section shall not read as follows: pay under the General Schedule; and apply to citizens of Ireland, Israel, or the Re- ‘‘§ 1306. Use of foreign credits (B) the difference between the overall aver- public of the Philippines, or to nationals of ‘‘(a) IN GENERAL.—Foreign credits (includ- age percentage of the locality-based com- those countries allied with the United States ing currencies) owed to or owned by the parability payments taking effect in fiscal in the current defense effort, or to inter- United States may be used by any agency for year 1997 under section 5304 of such title national broadcasters employed by the Unit- any purpose for which appropriations are (whether by adjustment or otherwise), and ed States Information Agency, or to tem- made for the agency for the current fiscal the overall average percentage of such pay- porary employment of translators, or to year (including the carrying out of Acts re- ments which was effective in fiscal year 1996 temporary employment in the field service quiring or authorizing the use of such cred- under such section. (not to exceed 60 days) as a result of emer- its), but only when reimbursement therefor (b) Notwithstanding any other provision of gencies. is made to the Treasury from applicable ap- law, no prevailing rate employee described in SEC. 607. Appropriations available to any propriations of the agency. subparagraph (B) or (C) of section 5342(a)(2) department or agency during the current fis- ‘‘(b) EXCEPTION TO REIMBURSEMENT RE- of title 5, United States Code, and no em- cal year for necessary expenses, including QUIREMENT.—Credits described in subsection ployee covered by section 5348 of such title, maintenance or operating expenses, shall (a) that are received as exchanged allow- may be paid during the periods for which also be available for payment to the General ances, or as the proceeds of the sale of per- subsection (a) is in effect at a rate that ex- Services Administration for charges for sonal property, may be used in whole or par- ceeds the rates that would be payable under space and services and those expenses of ren- tial payment for the acquisition of similar subsection (a) were subsection (a) applicable ovation and alteration of buildings and fa- items, to the extent and in the manner au- to such employee. cilities which constitute public improve- thorized by law, without reimbursement to (c) For the purposes of this section, the ments performed in accordance with the the Treasury.’’. rates payable to an employee who is covered Public Buildings Act of 1959 (73 Stat. 749), (b) APPLICABILITY.—The amendment made by this section and who is paid from a sched- the Public Buildings Amendments of 1972 (87 by this section shall take effect on the date ule not in existence on September 30, 1996, Stat. 216), or other applicable law. of the enactment of this Act and shall apply shall be determined under regulations pre- SEC. 608. In addition to funds provided in thereafter. scribed by the Office of Personnel Manage- this or any other Act, all Federal agencies SEC. 613. No part of any appropriation con- ment. are authorized to receive and use funds re- tained in this or any other Act shall be (d) Notwithstanding any other provision of sulting from the sale of materials recovered available for interagency financing of law, rates of premium pay for employees sub- through recycling or waste prevention pro- boards, commissions, councils, committees, ject to this section may not be changed from grams. Such funds shall be available until or similar groups (whether or not they are the rates in effect on September 30, 1996, ex- expended for the following purposes: interagency entities) which do not have a cept to the extent determined by the Office (1) Acquisition, waste reduction and pre- prior and specific statutory approval to re- of Personnel Management to be consistent vention, and recycling programs as described ceive financial support from more than one with the purpose of this section. in Executive Order 12873 (October 20, 1993), agency or instrumentality. (e) This section shall apply with respect to including any such programs adopted prior SEC. 614. Funds made available by this or pay for service performed after September to the effective date of the Executive Order. any other Act to the ‘‘Postal Service Fund’’ 30, 1996. (2) Other Federal agency environmental (39 U.S.C. 2003) shall be available for employ- (f) For the purpose of administering any management programs, including, but not ment of guards for all buildings and areas provision of law (including section 8431 of limited to, the development and implemen- owned or occupied by the Postal Service and title 5, United States Code, and any rule or tation of hazardous waste management and under the charge and control of the Postal regulation that provides premium pay, re- pollution prevention programs. Service, and such guards shall have, with re- tirement, life insurance, or any other em- (3) Other employee programs as authorized spect to such property, the powers of special ployee benefit) that requires any deduction by law or as deemed appropriate by the head policemen provided by the first section of or contribution, or that imposes any require- of the Federal agency. the Act of June 1, 1948, as amended (62 Stat. ment or limitation on the basis of a rate of SEC. 609. Funds made available by this or 281; 40 U.S.C. 318), and, as to property owned salary or basic pay, the rate of salary or any other Act for administrative expenses in or occupied by the Postal Service, the Post- basic pay payable after the application of the current fiscal year of the corporations master General may take the same actions this section shall be treated as the rate of and agencies subject to chapter 91 of title 31, as the Administrator of General Services salary or basic pay. United States Code, shall be available, in ad- may take under the provisions of sections 2 (g) Nothing in this section shall be consid- dition to objects for which such funds are and 3 of the Act of June 1, 1948, as amended ered to permit or require the payment to any otherwise available, for rent in the District (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching employee covered by this section at a rate in of Columbia; services in accordance with 5 thereto penal consequences under the au- excess of the rate that would be payable were U.S.C. 3109; and the objects specified under thority and within the limits provided in this section not in effect. this head, all the provisions of which shall be section 4 of the Act of June 1, 1948, as amend- (h) The Office of Personnel Management applicable to the expenditure of such funds ed (62 Stat. 281; 40 U.S.C. 318c). may provide for exceptions to the limita- unless otherwise specified in the Act by SEC. 615. None of the funds made available tions imposed by this section if the Office de- which they are made available: Provided, pursuant to the provisions of this Act shall termines that such exceptions are necessary That in the event any functions budgeted as be used to implement, administer, or enforce to ensure the recruitment or retention of administrative expenses are subsequently any regulation which has been disapproved qualified employees. transferred to or paid from other funds, the pursuant to a resolution of disapproval duly SEC. 617. During the period in which the limitations on administrative expenses shall adopted in accordance with the applicable head of any department or agency, or any be correspondingly reduced. law of the United States. other officer or civilian employee of the Gov- SEC. 610. No part of any appropriation for SEC. 616. (a) Notwithstanding any other ernment appointed by the President of the the current fiscal year contained in this or provision of law, and except as otherwise United States, holds office, no funds may be any other Act shall be paid to any person for provided in this section, no part of any of the obligated or expended in excess of $5,000 to the filling of any position for which he or she funds appropriated for the fiscal year ending furnish or redecorate the office of such de- has been nominated after the Senate has on September 30, 1997, by this or any other partment head, agency head, officer or em- voted not to approve the nomination of said Act, may be used to pay any prevailing rate ployee, or to purchase furniture or make im- person. employee described in section 5342(a)(2)(A) of provements for any such office, unless ad- SEC. 611. For the fiscal year ending Sep- title 5, United States Code— vance notice of such furnishing or redecora- tember 30, 1997, and thereafter, any depart- (1) during the period from the date of expi- tion is expressly approved by the Commit- ment or agency to which the Administrator ration of the limitation imposed by section tees on Appropriations of the House and Sen- of General Services has delegated the au- 616 of the Treasury, Postal Service and Gen- ate. For the purposes of this section, the thority to operate, maintain or repair any eral Government Appropriations Act, 1996, word ‘‘office’’ shall include the entire suite building or facility pursuant to section 205(d) until the normal effective date of the appli- of offices assigned to the individual, as well of the Federal Property and Administrative cable wage survey adjustment that is to take as any other space used primarily by the in- Services Act of 1949, as amended, shall retain effect in fiscal year 1997, in an amount that dividual or the use of which is directly con- that portion of the GSA rental payment exceeds the rate payable for the applicable trolled by the individual. available for operation, maintenance or re- grade and step of the applicable wage sched- SEC. 618. Notwithstanding any other provi- pair of the building or facility, as deter- ule in accordance with such section 616; and sion of law, no executive branch agency shall mined by the Administrator, and expend (2) during the period consisting of the re- purchase, construct, and/or lease any addi- such funds directly for the operation, main- mainder of fiscal year 1997, in an amount tional facilities, except within or contiguous July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7673 to existing locations, to be used for the pur- ligated or expended for any employee train- Justice that are essential to reporting a sub- pose of conducting Federal law enforcement ing when it is made known to the Federal of- stantial violation of law. training without the advance approval of the ficial having authority to obligate or expend SEC. 626. (a) None of the funds appropriated House and Senate Committees on Appropria- such funds that such employee training— by this or any other Act may be expended by tions. (1) does not meet identified needs for any Federal Agency to procure any product SEC. 619. Notwithstanding section 1346 of knowledge, skills, and abilities bearing di- or service subject to section 5124 of Public title 31, United States Code, or section 613 of rectly upon the performance of official du- Law 104–106 and that will be available under this Act, funds made available for fiscal year ties; the procurement by the Administrator of 1997 by this or any other Act shall be avail- (2) contains elements likely to induce high General Services known as ‘‘FTS2000’’ un- able for the interagency funding of national levels of emotional response or psychological less— security and emergency preparedness tele- stress in some participants; (1) such product or service is procured by communications initiatives which benefit (3) does not require prior employee notifi- the Administrator of General Services as multiple Federal departments, agencies, or cation of the content and methods to be used part of the procurement known as entities, as provided by Executive Order in the training and written end of course ‘‘FTS2000’’; or Numbered 12472 (April 3, 1984). evaluation; (2) that agency establishes to the satisfac- SEC. 620. (a) None of the funds appropriated (4) contains any methods or content associ- tion of the Administrator of General Serv- by this or any other Act may be obligated or ated with religious or quasi-religious belief ices that— expended by any Federal department, agen- systems or ‘‘new age’’ belief systems as de- (A) that agency’s requirements for such cy, or other instrumentality for the salaries procurement are unique and cannot be satis- or expenses of any employee appointed to a fined in Equal Employment Opportunity Commission Notice N–915.022, dated Septem- fied by property and service procured by the position of a confidential or policy-determin- Administrator of General Services as part of ing character excepted from the competitive ber 2, 1988; (5) is offensive to, or designed to change, the procurement known as ‘‘FTS2000’’; and service pursuant to section 3302 of title 5, (B) the agency procurement, pursuant to United States Code, without a certification participants’ personal values or lifestyle out- side the workplace; or such delegation, would be cost-effective and to the Office of Personnel Management from would not adversely affect the cost-effective- the head of the Federal department, agency, (6) includes content related to human immunodeficiency virus/acquired immune ness of the FTS2000 procurement. or other instrumentality employing the (b) After July 31, 1997, subsection (a) shall deficiency syndrome (HIV/AIDS) other than Schedule C appointee that the Schedule C apply only if the Administrator of General position was not created solely or primarily that necessary to make employees more Services has reported that the FTS2000 pro- in order to detail the employee to the White aware of the medical ramifications of HIV/ curement is producing prices that allow the House. AIDS and the workplace rights of HIV-posi- Government to satisfy its requirements for (b) The provisions of this section shall not tive employees. such procurement in the most cost-effective apply to Federal employees or members of (b) Nothing in this section shall prohibit, manner. the armed services detailed to or from— restrict, or otherwise preclude an agency SEC. 627. Subsection (f) of section 403 of (1) the Central Intelligence Agency; from conducting training bearing directly Public Law 103–356 is amended by deleting (2) the National Security Agency; upon the performance of official duties. ‘‘October 1, 1999’’ and inserting ‘‘October 1, (3) the Defense Intelligence Agency; SEC. 625. No funds appropriated in this or 2001’’. (4) the offices within the Department of any other Act for fiscal year 1997 may be SEC. 628. (a) IN GENERAL.—Notwithstanding Defense for the collection of specialized na- used to implement or enforce the agreements any other provision of law, none of the funds tional foreign intelligence through recon- in Standard Forms 312 and 4355 of the Gov- made available by this Act for the Depart- naissance programs; ernment or any other nondisclosure policy, ment of the Treasury shall be available for (5) the Bureau of Intelligence and Research form, or agreement if such policy, form, or any activity or for paying the salary of any of the Department of State; agreement does not contain the following Government employee where funding an ac- (6) any agency, office, or unit of the Army, provisions: ‘‘These restrictions are consist- tivity or paying a salary to a Government ent with and do not supersede, conflict with, Navy, Air Force, and Marine Corps, the Fed- employee would result in a decision, deter- or otherwise alter the employee obligations, eral Bureau of Investigation and the Drug mination, rule, regulation, or policy that rights, or liabilities created by Executive Enforcement Administration of the Depart- would permit the Secretary of the Treasury Order 12356; section 7211 of title 5, United ment of Justice, the Department of Trans- to make any loan or extension of credit States Code (governing disclosures to Con- portation, the Department of the Treasury, under section 5302 of title 31, United States gress); section 1034 of title 10, United States and the Department of Energy performing Code, with respect to a single foreign entity Code, as amended by the Military Whistle- intelligence functions; and or government of a foreign country (includ- blower Protection Act (governing disclosure (7) the Director of Central Intelligence. ing agencies or other entities of that govern- to Congress by members of the military); SEC. 621. No department, agency, or instru- ment)— mentality of the United States receiving ap- section 2302(b)(8) of title 5, United States (1) with respect to a loan or extension of propriated funds under this or any other Act Code, as amended by the Whistleblower Pro- credit for more than 60 days, unless the for fiscal year 1997 shall obligate or expend tection Act (governing disclosures of illegal- President certifies to the Committee on any such funds, unless such department, ity, waste, fraud, abuse or public health or Banking, Housing, and Urban Affairs of the agency or instrumentality has in place, and safety threats); the Intelligence Identities Senate and the Committee on Banking and will continue to administer in good faith, a Protection Act of 1982 (50 U.S.C. 421 et seq.) Financial Services of the House of Rep- written policy designed to ensure that all of (governing disclosures that could expose con- resentatives that— its workplaces are free from discrimination fidential Government agents); and the stat- (A) there is no projected cost (as that term and sexual harassment and that all of its utes which protect against disclosure that is defined in section 502 of the Federal Credit workplaces are not in violation of title VII of may compromise the national security, in- Reform Act of 1990) to the United States the Civil Rights Act of 1964, as amended, the cluding sections 641, 793, 794, 798, and 952 of from the proposed loan or extension of cred- Age Discrimination in Employment Act of title 18, United States Code, and section 4(b) it; and 1967, and the Rehabilitation Act of 1973. of the Subversive Activities Act of 1950 (50 (B) any proposed obligation or expenditure SEC. 622. No part of any appropriation con- U.S.C. section 783(b)). The definitions, re- of United States funds to or on behalf of the tained in this Act may be used to pay for the quirements, obligations, rights, sanctions, foreign government is adequately backed by expenses of travel of employees, including and liabilities created by said Executive an assured source of repayment to ensure employees of the Executive Office of the Order and listed statutes are incorporated that all United States funds will be repaid; President, not directly responsible for the into this agreement and are controlling.’’: and discharge of official governmental tasks and Provided, That notwithstanding the preced- (2) other than as provided by an Act of duties: Provided, That this restriction shall ing paragraph, a nondisclosure policy form Congress, if that loan or extension of credit not apply to the family of the President, or agreement that is to be executed by a per- would result in expenditures and obligations, Members of Congress or their spouses, Heads son connected with the conduct of an intel- including contingent obligations, aggregat- of State of a foreign country or their des- ligence or intelligence-related activity, ing more than $1,000,000,000 with respect to ignees, persons providing assistance to the other than an employee or officer of the that foreign country for more than 180 days President for official purposes, or other indi- United States Government, may contain pro- during the 12-month period beginning on the viduals so designated by the President. visions appropriate to the particular activity date on which the first such action is taken. SEC. 623. Notwithstanding any provision of for which such document is to be used. Such (b) WAIVER OF LIMITATIONS.—The President law, the President, or his designee, must cer- form or agreement shall, at a minimum, re- may exceed the dollar and time limitations tify to Congress, annually, that no person or quire that the person will not disclose any in subsection (a)(2) if he certifies in writing persons with direct or indirect responsibility classified information received in the course to the Congress that a financial crisis in that for administering the Executive Office of the of such activity unless specifically author- foreign country poses a threat to vital Unit- President’s Drug-Free Workplace Plan are ized to do so by the United States Govern- ed States economic interests or to the stabil- themselves subject to a program of individ- ment. Such nondisclosure forms shall also ity of the international financial system. ual random drug testing. make it clear that they do not bar disclo- (c) EXPEDITED PROCEDURES IN THE SENATE SEC. 624. (a) None of the funds made avail- sures to Congress or to an authorized official FOR A RESOLUTION OF DISAPPROVAL.—A presi- able in this Act or any other Act may be ob- of an executive agency or the Department of dential certification pursuant to subsection H7674 CONGRESSIONAL RECORD — HOUSE July 17, 1996

(b) shall not take effect, if the Congress, SEC. 629. (a) TECHNICAL AMENDMENT.—Sec- (1) CIVIL SERVICE RETIREMENT SYSTEM.— within 30 calendar days after receiving such tion 640 of Public Law 104–52 (109 Stat. 513) is Section 8341(e) of title 5, United States Code, certification, enacts a joint resolution of dis- amended by striking ‘‘Service performed’’ is amended by adding at the end the follow- approval, as described in paragraph (5) of and inserting ‘‘Hereafter, service per- ing: this subsection. formed’’. ‘‘(4) If the annuity of a child under this (1) REFERENCE TO COMMITTEES.—All joint (b) EFFECTIVE DATE.—The amendment subchapter terminates under paragraph resolutions introduced in the Senate to dis- made by subsection (a) shall take effect as if (3)(E) because of marriage, then, if such mar- approve the certification shall be referred to included in Public Law 104–52 on the date of riage ends, such annuity shall resume on the the Committee on Banking, Housing, and its enactment. first day of the month in which it ends, but Urban Affairs. SEC. 630. Notwithstanding any other provi- only if— (2) DISCHARGE OF COMMITTEES.—(A) If the sion of law, no part of any appropriation con- ‘‘(A) any lump sum paid is returned to the committee of the Senate to which a joint tained in this Act for any fiscal year shall be Fund; and resolution has been referred has not reported available for paying Sunday premium or dif- ‘‘(B) that individual is not otherwise ineli- it at the end of 15 days after its introduction, ferential pay to any employee unless such gible for such annuity.’’. it is in order to move either to discharge the employee actually performed work during (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- committee from further consideration of the the time corresponding to such premium or TEM.—Section 8443(b) of such title is amend- joint resolution or to discharge the commit- differential pay. ed by adding at the end the following: ‘‘If the SEC. 631. No part of any funds appropriated tee from further consideration of any other annuity of a child under this subchapter ter- in this or any other Act shall be used by an joint resolution introduced with respect to minates under subparagraph (E) because of agency of the executive branch, other than the same matter, except no motion to dis- marriage, then, if such marriage ends, such charge shall be in order after the committee for normal and recognized executive-legisla- tive relationships, for publicity or propa- annuity shall resume on the first day of the has reported a joint resolution with respect ganda purposes, and for the preparation, dis- month in which it ends, but only if any lump to the same matter. tribution or use of any kit, pamphlet, book- sum paid is returned to the Fund, and that (B) In the Senate a motion to discharge let, publication, radio, television or film individual is not otherwise ineligible for may be made only by an individual favoring presentation designed to support or defeat such annuity.’’. the joint resolution, and is privileged; and (b) APPLICABILITY.—The amendments made legislation pending before the Congress, ex- debate thereon shall be limited to not more by section 1 shall apply with respect to any cept in presentation to the Congress itself. than 1 hour, the time to be divided equally SEC. 632. (a) FEDERAL EMPLOYEE REPRESEN- termination of marriage taking effect on or between, and controlled by, the majority TATION IMPROVEMENT.—Subsection (d) of sec- after November 1, 1993, except that any re- leader and the minority leader or their des- tion 205 of title 18, United States Code, is computation of benefits shall be payable ignees. amended to read as follows: only with respect to amounts accruing for (3) FLOOR CONSIDERATION.—(A) A motion in ‘‘(d)(1) Nothing in subsection (a) or (b) pre- periods beginning on or after the date of the the Senate to proceed to the consideration of vents an officer or employee, if not incon- enactment of this Act. a joint resolution shall be privileged. sistent with the faithful performance of that SEC. 634. AVAILABILITY OF ANNUAL LEAVE (B) Debate in the Senate on a joint resolu- officer’s or employee’s duties, from acting TO MEET MINIMUM AGE AND SERVICE RE- tion, and all debatable motions and appeals without compensation as agent or attorney QUIREMENTS FOR TITLE TO AN IMMEDIATE AN- in connection therewith, shall be limited to for, or otherwise representing— NUITY.—(a) CIVIL SERVICE RETIREMENT SYS- not more than 4 hours, to be equally divided ‘‘(A) any person who is the subject of dis- TEM.—Section 8336 of title 5, United States between, and controlled by, the majority ciplinary, loyalty, or other personnel admin- Code, is amended by adding at the end the leader and the minority leader or their des- istration proceedings in connection with following: ignees. those proceedings; or ‘‘(o)(1) An employee involuntarily sepa- (C) Debate in the Senate on any debatable ‘‘(B) except as provided in paragraph (2), rated from service due to a reduction in force motion or appeal in connection with a joint any cooperative, voluntary, professional, shall, upon written election, be given credit resolution shall be limited to not more than recreational, or similar organization or for days of unused annual leave standing to 20 minutes, to be equally divided between, group not established or operated for profit, such employee’s credit under a formal leave and controlled by, the mover and the man- if a majority of the organization’s or group’s system as of the date of separation, if and to ager of the joint resolution, except that in members are current officers or employees of the extent necessary in order to meet the the event the manager of the joint resolution the United States or of the District of Co- minimum age and service requirements for is in favor of any such motion or appeal, the lumbia, or their spouses or dependent chil- title to an annuity under this section. time in opposition thereto, shall be con- ‘‘(2) The Office shall prescribe any regula- dren. trolled by the minority leader or his des- ‘‘(2) Paragraph (1)(B) does not apply with tions which may be necessary to carry out ignee. Such leaders, or either of them, may, respect to a covered matter that— this subsection, including regulations under from time under their control on the passage ‘‘(A) is a claim under subsection (a)(1) or which contributions to the Fund shall, with of a joint resolution, allot additional time to (b)(1); respect to the days of leave for which credit any Senator during the consideration of any ‘‘(B) is a judicial or administrative pro- is given under this subsection, be made— debatable motion or appeal. ceeding where the organization or group is a ‘‘(A) by the employee, equal to the em- (D) A motion in the Senate to further limit party; or ployee contributions which would have been debate on a joint resolution, debatable mo- ‘‘(C) involves a grant, contract, or other required for those days if separation had not tion, or appeal is not debatable. No amend- agreement (including a request for any such occurred; and ment to, or motion to recommit, a resolu- grant, contract, or agreement) providing for ‘‘(B) by the agency from which separated, tion is in order. the disbursement of Federal funds to the or- equal to the Government contributions (4) If prior to the passage by the Senate of ganization or group.’’. which would have been required if separation a resolution, the Senate receives a joint res- (b) APPLICATION TO LABOR-MANAGEMENT had not occurred. olution with respect to the same matter RELATIONS.—Section 205 of title 18, United Contributions under the preceding sentence from the House of Representatives, then— States Code, is amended by adding at the end shall be determined based on the rate of (A) the procedure in the Seante shall be the following: basic pay last in effect before separation. the same as if no resolution had been re- ‘‘(i) Nothing in this section prevents an ‘‘(3) Nothing in this subsection shall be ceived from the House; but employee from acting pursuant to— considered— (B) the vote on final passage shall be on ‘‘(1) chapter 71 of title 5; ‘‘(A) to allow credit to be given for any the resolution of the House. ‘‘(2) section 1004 or chapter 12 of title 39; leave standing to the credit of the employee (5) For purposes of this subsection, the ‘‘(3) section 3 of the Tennessee Valley Au- (other than by restoration) pursuant to sub- term ‘‘joint resolution’’ means only a joint thority Act of 1933 (16 U.S.C. 831b); chapter III or IV of chapter 63 or other simi- resolution of the 2 Houses of Congress, the ‘‘(4) chapter 10 of title I of the Foreign lar authority; matter after the resolving clause of which is Service Act of 1980 (22 U.S.C. 4104 et seq.); or ‘‘(B) to permit or require the making of as follows: ‘‘That the Congress disapproves ‘‘(5) any provision of any other Federal or any contributions to the Thrift Savings the action of the President under section District of Columbia law that authorizes Fund with respect to any period after the 628(c) of the Treasury, Postal Service, and labor-management relations between an date of separation; or General Government Appropriations Act, agency or instrumentality of the United ‘‘(C) to make any days of annual leave 1997, notice of which was submitted to the States or the District of Columbia and any creditable for purposes of section 8333, any Congress on lllllll.’’, with the blank labor organization that represents its em- determination of average pay, or any com- space being filled with the appropriate date. ployees.’’. putation of annuity. (d) APPLICABILITY.—This section— (c) APPLICABILITY.—The amendments made ‘‘(4)(A) The taking of a lump-sum payment (1) shall not apply to any action taken as by this section shall take effect on the date under section 5551 or other similar authority part of the program of assistance to Mexico of the enactment of this Act and shall apply shall not make any of the leave to which announced by the President on January 31, thereafter. such payment relates unavailable for pur- 1995; and SEC. 633. SURVIVOR ANNUITY RESUMPTION poses of this subsection. (2) shall remain in effect through fiscal UPON TERMINATION OF MARRIAGE.—(a) ‘‘(B) The use of any leave for purposes of year 1997. AMENDMENTS.— this subsection shall not reduce the amount July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7675 of leave for which a lump-sum payment is means an agency employee whose position is If not, for the reasons stated by the payable under section 5551 or other similar that of— gentlewoman from California, the authority. (1) a law enforcement officer; or point of order is sustained. The section ‘‘(5) This subsection shall apply with re- (2) a supervisor or management official. spect to separations occurring on or after (c) DEFINITIONS.—For purposes of this sec- is stricken. Are there any other points the date of the enactment of this subsection tion— of order? and before July 1, 2002.’’. (1) the term ‘‘agency’’ means an Executive POINT OF ORDER (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- agency, as defined by section 105 of title 5, Mrs. SEASTRAND. Mr. Chairman, I TEM.—Section 8412 of title 5, United States United States Code; make a point of order against section Code, is amended by adding at the end the (2) the term ‘‘law enforcement officer’’ 410 beginning on page 56, line 13 following: means an employee, the duties of whose posi- ‘‘(i)(1) An employee involuntarily sepa- tion are primarily the investigation, appre- through page 57, line 3, which author- rated from service due to a reduction in force hension, prosecution, or detention of individ- izes the administrator of GSA to sell or shall, upon written election, be given credit uals suspected or convicted of offenses exchange real property whether or not for days of unused annual leave standing to against the criminal laws of the United it is excess to the needs of the United such employee’s credit under a formal leave States, including any law enforcement offi- States, on the ground that it is legisla- system as of the date of separation, if and to cer under section 8331(20) or 8401(17) of such tion on an appropriation bill in viola- the extent necessary in order to meet the title 5; tion of rule XXI, clause 2(b) of the rules minimum age and service requirements for (3) the terms ‘‘supervisor’’ and ‘‘manage- of the House. title to an annuity under this section or sec- ment official’’ have the respective meanings tion 8414. given them by section 7103(a) of such title 5, The CHAIRMAN. Are there any Mem- ‘‘(2) The Office shall prescribe any regula- and bers who wish to be heard on the point tions which may be necessary to carry out (4) the term ‘‘professional liability insur- of order? this subsection, including regulations under ance’’ means insurance which provides cov- Mr. HOYER. Mr. Chairman, on the which contributions to the Fund shall, with erage for— point of order, is it appropriate for me respect to the days of leave for which credit (A) legal liability for damages due to inju- from a parliamentary standpoint to is given under this subsection, be made— ries to other persons, damage to their prop- ask the chairman of the subcommittee ‘‘(A) by the employee, equal to the em- erty, or other damage or loss to such other for a clarification of the facts while I ployee contributions which would have been persons (including the expenses of litigation make my point of order? required for those days if separation had not and settlement) resulting from or arising out occurred; and of any tortious act, error, or omission of the The CHAIRMAN. The chairman of ‘‘(B) by the agency from which separated, covered individual (whether common law, the subcommittee can also be heard on equal to the Government contributions statutory, or constitutional) while in the the point of order, and if the gentleman which would have been required if separation performance of such individual’s official du- from Maryland wishes to defer to the had not occurred. ties as a qualified employee; and gentleman from Iowa, he certainly Contributions under the preceding sentence (B) the cost of legal representation for the may. shall be determined based on the rate of covered individual in connection with any Mr. HOYER. Mr. Chairman, is it my basic pay last in effect before separation. administrative or judicial proceeding (in- understanding that the rule does not ‘‘(3) Nothing in this subsection shall be cluding any investigation or disciplinary protect this provision but does protect considered— proceeding) relating to any act, error, or ‘‘(A) to allow credit to be given for any omission of the covered individual while in all other provisions in the bill which leave standing to the credit of the employee the performance of such individual’s official would have been subject to a similar (other than by restoration) pursuant to sub- duties as a qualified employee, and other point of order, that that is why this is chapter III or IV of chapter 63 or other simi- legal costs and fees relating to any such ad- in order; is that correct? lar authority; ministrative or judicial proceeding. Mr. LIGHTFOOT. Mr. Chairman, the ‘‘(B) to permit or require the making of (d) APPLICABILITY.—The amendments made gentleman is correct, with the excep- any contributions to the Thrift Savings by this section shall take effect on the date tion of section 406 which she has al- Fund with respect to any period after the of the enactment of this Act and shall apply thereafter. ready raised a point of order against. date of separation; or Mr. HOYER. Mr. Chairman, in light ‘‘(C) to make any days of annual leave TITLE VII—SUPPLEMENTAL APPROPRIA- creditable for purposes of section 8410, any TIONS AND RESCISSIONS FOR THE FIS- of the fact that the Ways and Means determination of average pay, or any com- CAL YEAR ENDING SEPTEMBER 30, 1996 Committee, as I understand it, did not putation of annuity. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS contact the Rules Committee but that ‘‘(4)(A) The taking of a lump-sum payment SALARIES AND EXPENSES the committee which the gentlewoman under section 5551 or other similar authority For an additional amount for ‘‘Salaries from California is representing now shall not make any of the leave to which and Expenses’’ to be used in connection with did, my understanding is the Rules such payment relates unavailable for pur- investigations of arson at religious institu- Committee did not protect it, I will not poses of this subsection. tions, $12,011,000, available upon enactment ‘‘(B) The use of any leave for purposes of contest the point of order. of this Act and to remain available until ex- this subsection shall not reduce the amount The CHAIRMAN. The point of order pended. of leave for which a lump-sum payment is is sustained for the reasons stated by payable under section 5551 or other similar INTERNAL REVENUE SERVICE the gentlewoman from California. The authority. INFORMATION SYSTEMS section is stricken. ‘‘(5) This subsection shall apply with re- (RESCISSION) Pursuant to the order of the House of spect to separations occurring on or after Of the funds made available under this Tuesday, July 16, 1996, no further the date of the enactment of this subsection heading for Tax Systems Modernization in amendments shall be in order except and before July 1, 2002.’’. Public Law 104–52, $12,011,000 are rescinded. SEC. 635. Section 207(e)(6)(B) of title 18, This Act may be cited as the ‘‘Treasury, the following amendments, not nec- United States Code, is amended by striking Postal Service, and General Government Ap- essarily in any prescribed order, which ‘‘level V of the Executive Schedule’’ and in- propriations Act, 1997’’. shall be considered read, shall not be serting ‘‘level 5 of the Senior Executive The CHAIRMAN. Are there any subject to amendment or to a demand Service’’. points of order against provisions in for division of the question, and shall SEC. 636. REIMBURSEMENTS RELATING TO the bill? be debatable for the time specified, PROFESSIONAL LIABILITY INSURANCE.—(a) AU- equally divided and controlled by the THORITY.—Notwithstanding any other provi- POINT OF ORDER sion of law, amounts appropriated by this Mrs. SEASTRAND. Mr. Chairman, I proponent and a member opposed: An Act (or any other Act for fiscal year 1997 or make a point of order against section amendment by the gentleman from any fiscal year thereafter) for salaries and 406 beginning on page 53, line 15 Massachusetts [Mr. KENNEDY] regard- expenses may be used to reimburse any through page 55, line 12, which author- ing the Customs Service, for 10 min- qualified employee for not to exceed one-half izes the establishment of telecommut- utes. the costs incurred by such employee for pro- ing centers, on the ground that it is Mr. HOYER. Mr. Chairman, is unani- fessional liability insurance. A payment legislation on an appropriation bill in mous consent in order so that I might under this section shall be contingent upon have a colloquy prior to the consider- the submission of such information or docu- violation of rule XXI, clause 2(b) of the mentation as the employing agency may re- rules of the House. ation of the amendments with the quire. The CHAIRMAN. Are there any Mem- chairman of the subcommittee? (b) QUALIFIED EMPLOYEE.—For purposes of bers who wish to be heard on the point The CHAIRMAN. The gentleman can, this section, the term ‘‘qualified employee’’ of order? of course, move to strike the last word H7676 CONGRESSIONAL RECORD — HOUSE July 17, 1996 by unanimous consent. The Chair The Chair recognizes the gentleman slave wages that are being paid has would like to proceed with outlining from Massachusetts [Mr. KENNEDY]. dropped so significantly. the agreement that was struck yester- Mr. KENNEDY of Massachusetts. Mr. What this amendment will do is take day. Chairman, I yield myself such time as a few dollars out of the general fund Mr. HOYER. Mr. Chairman, as a I may consume. that is appropriated and use those practical matter, we have some Mem- Mr. Chairman, I offer this amend- moneys specifically for the purposes of bers that are just getting word that we ment with the gentleman from New hiring an individual who will work for are going forward. We need to do this Jersey [Mr. SMITH], and I appreciate the Department of Commerce to in- colloquy. I thought it might be helpful the willingness of the chairman of the spect the goods that are made in both to do this colloquy first while Members committee to work with us in support- India and Pakistan, one employee per are coming to the floor. ing this amendment as he indicated country, to make sure that child slave The CHAIRMAN. To encourage Mem- last evening. labor is not involved in the manufac- bers to come to the floor, the 3-page I think the chairman of this commit- ture of those products that we import statement which the Chair is about to tee ought to be commended for the ini- from those countries. proceed with would help in the shared tiatives that he has established in I just want to thank the gentleman goal. terms of trying to make certain that from New Jersey [Mr. SMITH], and I An amendment by the gentleman unfair labor practices that go on in want to thank in particular the gen- from Massachusetts [Mr. KENNEDY] re- countries that we regularly trade with, tleman from Iowa [Mr. LIGHTFOOT]. I garding the Customs Service, for 10 specifically China and other countries, know in talking with his staff that minutes; an amendment by the gen- have made it a course of their nation’s there have been difficulties in the past tleman from Illinois [Mr. DURBIN] re- national policy to utilize terribly, ter- in terms of working out these arrange- garding firearms disabilities, for 30 ribly, not only unfair but really des- ments with the Department of State, minutes; an amendment by the gentle- picable practices in terms of the kinds but I think we have put enough funds woman from Connecticut [Mrs. JOHN- of labor use that takes place in these into this legislation to make certain SON] regarding IRS funding, for 10 min- countries. that we have the necessary where- utes; an amendment by the gentleman In China, we know of people who are withal to reimburse the State Depart- from Ohio [Mr. TRAFICANT], for 10 min- forced into labor in terms of the kinds ment. utes; an amendment by the gentleman of actions that take place in the prison Mr. Chairman, I also want to thank from Maryland [Mr. HOYER] or the gen- systems. In other countries, such as the gentleman from Maryland [Mr. tlewoman from New York [Mrs. LOWEY] Pakistan and India, we are all too cru- HOYER], my good friend, who has been to strike sections 518 and 519, for 30 elly aware of the fact that there are a very outspoken critic of the kinds of minutes; an amendment by the gen- millions of soccer balls, for instance, unfair labor practices that take place tleman from Maryland [Mr. HOYER] re- that come from Pakistan; 25 percent of in so many foreign countries and who garding buyouts, for 10 minutes; an the world’s soccer balls come from has been a great supporter of this legis- amendment by the gentleman from Pakistan where child labor is utilized. lation. Virginia [Mr. WOLF] regarding buyouts, Children are forced to work 8 or 10 Mr. Chairman, I have an amendment at the for 10 minutes; an amendment by the hours a day at the ages of as young as desk, and I ask unanimous consent that it be gentleman from Georgia [Mr. KINGS- 3 and 4 and 5 years old. They work for considered as read. I appreciate the willing- TON] regarding customs ports of entry, 15, 16, 17 cents an hour. ness of Chairman LIGHTFOOT and Mr. HOYER for 9 minutes; an amendment by the Mr. Chairman, we are about to estab- to accept this amendment, and I would like to gentleman from Minnesota [Mr. lish the Olympics right down the street thank Mr. SMITH for his strong support on be- GUTKNECHT] regarding an across-the- at RFK Stadium, and the soccer balls half of this amendment. board cut, for 20 minutes; an amend- used by the Olympics this year in I think the chairman of this committee ment by the gentleman from Vermont many cases will be balls that were should be commended for the initiatives that [Mr. SANDERS] regarding health main- made with child slave labor. Kids all he has established trying to end unfair labor tenance organizations, for 20 minutes; over America are playing with soccer practices in all countriesÐespecially countries an amendment by the gentlewoman balls that are made with child labor. which utilize forced labor and child labor, and from Ohio [Mr. KAPTUR] regarding Kids that are forced into labor without I thank him again for his support of my China tariffs, for 10 minutes; an amend- any of their personal consent, working amendment. ment by the gentleman from New York in dark, dingy conditions, 8 or 10 hours The purpose of my amendment is to fund [Mr. SOLOMON] regarding a limitation a day, no proper food or nutrition, no two additional overseas positions for customs on the comptroller of the currency, for proper health care or any kind of rea- service investigators. The bill already funds 10 minutes; an amendment by the gen- sonable hourly wage. three overseas positionsÐin Singapore, Hong tleman from Arizona [Mr. SALMON] re- In Pakistan, we also know of kids, Kong, and Beijing. My amendment will fund a garding the White House travel office, like Iqbal Masih, who are chained to criminal investigator in New Delhi, India, and for 10 minutes; an amendment by the rug looms and forced over and over in the Sialkot region of Pakistan. gentleman from Maryland [Mr. HOYER], each and every day to work 10, 12, 15 These are two areas in the world where for 10 minutes; and an amendment by hours a day, and are sold by their fami- child labor is a particularly significant problem. the gentleman from Pennsylvania [Mr. lies to individuals that then have We know that there are factories where chil- GEKAS], for 10 minutes . whole factories of kids that are making dren, who were sold into slavery by their fami- AMENDMENT OFFERED BY MR. KENNEDY OF products which we then import into lies, are making products which then are im- MASSACHUSETTS the United States. It not only is uncon- ported into the United States. This is uncon- Mr. KENNEDY of Massachusetts. Mr. scionable, and millions of American scionable. Millions of American consumers Chairman, I offered an amendment. consumers that buy these goods on a who buy these goods on a regular basis have The CHAIRMAN. The Clerk will des- regular basis have no idea that these no idea that these goods are being produced ignate the amendment. kinds of conditions are actually taking using child labor. The text of the amendment is as fol- place in terms of the work force that These children are forced into labor, without lows: are making the goods. their consent, working in dark, dingy condi- Amendment offered by Mr. KENNEDY of Mr. Chairman, we sometimes wonder tions, without proper food or nutrition, without Massachusetts: Page 16, line 19, strike the why we can buy goods these days at proper health care, without any kind of reason- second semicolon and insert the following: such cheap prices. I remember CHRIS able hourly wage. ‘‘(increased by $500,000) (reduced by SMITH telling me that his family ran a In Pakistan and in India children are $500,000);’’. sporting goods store in New Jersey and chained to rug looms for 10 to 12 hours at a The CHAIRMAN. Pursuant to the that 15 years ago or so a soccer ball time, being forced to tie tiny knots with their order of the House of Tuesday, July 16, used to cost $35. Today it costs $15 or small fingers. 1996, the gentleman from Massachu- $18. He says the reason why the price Children in Pakistan help produce 35m soc- setts [Mr. KENNEDY] and a Member op- has dropped so significantly is because cer balls annuallyÐ25 percent of these balls posed each will control 5 minutes. the cost of labor in terms of the child are stitched by children being paid only 5 July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7677 cents an hour. Each child earns an average of b 1045 ing than has the voice of the gen- $.70 per ballÐand an average daily wage of Mr. LIGHTFOOT. Mr. Chairman, I tleman from Massachusetts, JOE KEN- $1.20. These children work 80 hours a week ask unanimous consent to control the NEDY, and I am pleased to be allied in near total darkness and total silence. other 5 minutes. with him in this amendment and thank I have long fought to end the forced labor of The CHAIRMAN. Is there objection him for his leadership and offering of children. I have heard the sad testimony of to the request of the gentleman from this amendment. children like Iqbal Masih, enslaved in a rug Iowa? Mr. KENNEDY of Massachusetts. Mr. making factory in Pakistan for 6 long years, There was no objection. Chairman, will the gentleman yield? only to be killed a year after he managed to Mr. LIGHTFOOT. Mr. Chairman, I Mr. LIGHTFOOT. I yield to the gen- escape and after he had started to fight for the yield myself such time as I may tleman from Massachusetts. Mr. KENNEDY of Massachusetts. Mr. rights of children in forced labor. consume. Chairman, I very much appreciate the I have heard the stories of the children of Mr. Chairman, I am willing to accept gentleman’s cautions with regard to Broadmeadow School in Quincy, MA, who the amendment of the gentleman from the State Department’s willingness to raised over $100,000 to build a school in Massachusetts and would like to brief- work some of these issues out in terms Iqbal's home town, because the children there ly address some concerns we have with of the local countries. I do believe that didn't have access to a basic education. it. I think it is something we can work it is important, and I appreciate your And I have heard firsthand the stories of wit- on. We obviously need to very carefully willingness to accept this amendment nesses who have observed children as young target our overseas personnel, where because I think that it is important for as 3 and 4 struggling to stitch soccer balls to we put them, why we put them there. the Congress of the United States to be exported around the world. In some in- The concern with the amendment is we stances the needles being used to stitch the let the executive branch know and par- are putting people in the locations ticularly the State Department know balls are longer than the fingers of the children where we have not passed any legisla- doing the stitching. One 3-year-old was able to that we are very interested in human tion yet here in the House that ad- rights, as the gentleman from Mary- manage the needle but couldn't handle the dresses that. land [Mr. HOYER] indicated, being a scissors, and had to have another small co- As the gentleman knows, the bill in- major portion of this country’s foreign worker help her. cludes additional Customs people to go Mr. Chairman, Washington DC, will soon be policy. into China. That was not done in a vac- hosting Olympic soccer games just down the I do not think we should stand for uum. We did not include that provision street from the U.S. Capitol, and the soccer having other countries export into the without first talking with Commis- balls being used by the Olympics this year in United States when they are being abu- sioner Weise and the Secretary of many cases will be balls stitched with child sive of their own citizens, particularly State, Mr. Christopher, as well, to get slave labor. of young children that they are forcing We sometimes wonder why we can buy sign-off on it. into these kinds of labor situations. goods these days at such cheap prices. I re- If the gentleman is willing to work So I think that we ought to take the member Chris Smith telling me that his family with me as we go to conference with stand, and I appreciate the gentleman’s ran a sporting goods store in New Jersey and the Senate on my concern as well as willingness to fight for it when we get that 15 years ago a soccer ball used to cost any that the administration may have into conference. I would hope that the $35. Today it costs $15 or $18. He says the to be sure that everyone is signed off administration would be supportive. reason why the price has dropped so signifi- on this, I really do not see why they They have given us indications of their cantly is because the cost of labor has should not be, I would be very happy, support, but I know that with the gen- dropped significantly. Why? Because child pleased, to accept the amendment be- tleman out there leading the fight, Mr. labor is being employed. cause I think he is trying to do the Chairman, that we will fare well. Adding these two overseas investigator po- right thing. Mr. LIGHTFOOT. Reclaiming my sitions will also be an important step in exe- Mr. HOYER. Mr. Chairman, will the time, Mr. Chairman, let me quickly re- cuting the FoulBall Campaign. The FoulBall gentleman yield? spond to my friend, the gentleman Campaign is a coordinated international effort Mr. LIGHTFOOT. I yield to the gen- from Massachusetts [Mr. KENNEDY]. I using both the power of legislation and tleman from Maryland. appreciate the kind words and I think, consumer action to end the use of child labor Mr. HOYER. Mr. Chairman, I rise in as I said earlier, I think this is the in the soccer ball industry. strong support of this amendment and right thing to do. Lauched on June 28 by Representative am very pleased that the chairman saw A lot of things we cannot settle KENNEDY, Labor Secretary Robert Reich, and fit to accept it. I am one of those who around here legislatively, but this is others, the Campaign strives to increase believes that our policy, whether it one I think we can. It would be very awareness of the widespread use of child deals with trade or any other facet of important that we do get the sign-off, workers by soccer ball manufacturers and to international relations, ought to re- I think, from the administration and encourage the public and soccer organizations flect our commitment to human rights. obviously the gentleman can help us a in every city and town across America to re- Of course our commitment to human great deal in that measure. So I appre- ject balls stitched by child workers. rights ought to be particularly keen ciate his bringing this amendment for- I hope we all see the day where child slav- when it comes to the most vulnerable ward. I think it is timely and hopefully ery no longer exists, and I applaud initiatives people in our world, and that is our it will solve a problem we are all very such as Rugmark, which seeks to educate children. concerned with. consumers about the exploitation of children, America itself suffered and from time Mr. Chairman, I yield back the bal- and to mobilize consumers to support prod- to time still suffers from the abuse of ance of my time. ucts not made with child labor. children. We talk about child abuse, The CHAIRMAN. The question is on Consumers have a right to know that the this is child abuse. This is the utiliza- the amendment offered by the gen- products they are purchasing were not made tion of children for economic gain, tleman from Massachusetts [Mr. KEN- with child slave labor. They have a right to while substantially damaging their NEDY]. know that their children are not learning to health and robbing them of their child- The amendment was agreed to. walk on rugs knotted by young children, and hood and ruining their lives. America, AMENDMENT OFFERED BY MR. TRAFICANT that their sons and daughters are not playing among the nations, ought to stand tall- Mr. TRAFICANT. Mr. Chairman, I with a soccer ball that was stitched by little est and most strongly raise the issue offer an amendment. The CHAIRMAN. The Clerk will des- hands. that we will not be complicit in this By adding two inspectors positions over- treatment or maltreatment of children. ignate the amendment. The text of the amendment is as fol- seas, we will be better able to identify the I congratulate the gentleman from lows: goods being manufactured with child labor, Massachusetts. No voice has been and keep those items from being shipped to stronger in this Congress or in this Amendment offered by Mr. TRAFICANT: country on behalf of the rights of those Page 24, after line 3, insert the following new the United States and from being placed on section: the shelves of stores across this country. who have been disenfranchised and dis- SEC. 105. The Internal Revenue Service Mr. Chairman, I reserve the balance criminated against and undermined in shall contract with an independent account- of my time. this health and in their quality of liv- ing firm to determine the revenue losses (if H7678 CONGRESSIONAL RECORD — HOUSE July 17, 1996 any) which would result from implementing to the gentleman from Iowa [Mr. The text of the amendment is as fol- H.R. 2450, as introduced in the 104th Con- LIGHTFOOT]. lows: gress. Mr. LIGHTFOOT. Mr. Chairman, I Amendment offered by Mr. DURBIN: Page The CHAIRMAN. The gentleman thank the gentleman for yielding to 15, beginning on line 10, strike ‘‘for felons from Ohio [Mr. TRAFICANT] will be rec- me. convicted of a violent crime, firearms viola- ognized for 5 minutes in support of his I would like to say the gentleman tions, or drug-related crimes’’. amendment, and a Member in opposi- from Ohio [Mr. TRAFICANT] has done a POINT OF ORDER tion will be recognized for 5 minutes. tremendous job in protecting U.S. tax- Mr. PARKER. Mr. Chairman, I make The Chair recognizes the gentleman payers from overaggressive IRS audi- a point of order. from Ohio [Mr. TRAFICANT]. tors and inspectors. I think H.R. 2450, The CHAIRMAN. The gentleman will Mr. TRAFICANT. Mr. Chairman, I which was introduced by the gen- state his point of order against the yield myself such time as I may tleman from Ohio [Mr. TRAFICANT], amendment. consume. changes the burden of proof from the Mr. PARKER. Mr. Chairman, I make Mr. Chairman, my amendment is taxpayer to the IRS, it is just that sim- a point of order against the amend- straightforward. It says that there ple. In other words, it requires the IRS ment because it proposes to change ex- shall be an outside objective study per- to prove that the taxpayer is wrong, isting law and constitutes legislation formed on H.R. 2450, which would in rather than the taxpayer having to in an appropriations bill and therefore fact change the burden of proof in a prove that they are right. I think with violates clause 2 of rule XXI. civil tax case and require judicial con- tax collection, it is the only thing in The rule states in pertinent part: ‘‘No sent before the Internal Revenue Serv- our country where we have upset the amendment to a general appropriation ice can lien on our property or take our judicial system which has the idea that bill shall be in order if changing exist- assets. you are innocent until proven guilty. ing law.’’ The amendment gives affirmative di- To all the members of this commit- On taxpaying matters, you are consid- rection in effect, modifies existing tee, right now in a civil tax case pro- ered guilty until you can prove your- powers and duties, and does not apply ceeding, a taxpayer is deemed guilty in self innocent. In essence, this just solely to the appropriations under con- the eyes of the law and must prove brings us into step with what everyone themselves innocent. Now, the IRS sideration. else does in the country. Mr. DURBIN. Mr. Chairman, may I keeps telling us that this is going to As the gentleman from Ohio [Mr. break the bank if we treat taxpayers be heard? TRAFICANT] has mentioned, the Com- The CHAIRMAN. Does the gentleman like anybody else in our country, sub- mittee on Ways and Means has said from Illinois wish to be heard in oppo- ject to the basic judicial tenet that you that it is going to reduce the amount sition to the point of order? are innocent until proven guilty. I of revenue generated by the IRS. How- Mr. DURBIN. Yes, I do. guess that works everywhere except for ever, there are no specific estimates of The CHAIRMAN. The gentleman the taxpayer who pays the freight on that total cost of lost revenue. Basi- from Illinois is recognized. this train coming down the track. cally the amendment requires the IRS Mr. DURBIN. Mr. Chairman, I oppose The Traficant amendment simply to contract with an independent ac- the position of the gentleman from says let us get an outside group. It is counting firm to determine the level of Mississippi and I would like to make it not that I do not trust anybody. Con- revenue loss that would result from his clear to the Chair what is at issue here tract with an outside group, tell us bill, H.R. 2450. with this amendment. what the cost is going to be and, by Therefore, I would be more than will- Several years ago, this Congress God, let us get the facts on it and see ing to work with the Committee on adopted legislation which allows people if we can bring the taxpayer under the Ways and Means, work in conference to who have been convicted of a felony, realm of protection the Constitution find whatever small amount of money once released from prison, to apply to affords in the Bill of Rights for every- it might take to do or pay for this par- the Department of the Treasury, the body. ticular study because, in essence as I Bureau of Alcohol, Tobacco and Fire- Finally, Mr. Chairman, this business understand it, the amendment calls for arms, for permission to be rearmed. about cost in the first place. Could you a study of this process. I think that it People across America remember the see the Founders in Philadelphia debat- is a timely thing to do and support the bumper sticker which said: ‘‘firearms ing the Bill of Rights, saying this is gentleman’s initiative and would do do not commit crimes, criminals com- great, Mr. Chairman, but my God, what what I could to help him forward it. mit crimes.’’ But this provision in law is it going to cost? I am asking for an Mr. TRAFICANT. Mr. Chairman, I currently existing allows convicted fel- affirmative vote. want to thank the gentleman with the ons to be rearmed with firearms. Mr. Chairman, with that, I yield to little bit of time I have. It is a provision pushed for and sup- the distinguished chairman of the com- Mr. Chairman, I also want to say I ported by the National Rifle Associa- mittee. want to commend my good friend, the tion. It defies logic and good sense. Mr. LIGHTFOOT. I thank the gen- gentleman from Iowa [Mr. LIGHTFOOT], What I am attempting to do is to make tleman for yielding. on the distinguished career he has had it abundantly clear that once a person PARLIAMENTARY INQUIRY here in the House. I want to wish him is convicted of a felony, that person is Mr. HOYER. Mr. Chairman, it may be the very best in the future. disqualified from owning a firearm in too late to reserve a parliamentary ob- Let me also say in closing that I do America. jection. not rule out as assessment, and objec- We have ample evidence that con- Mr. TRAFICANT. Parliamentary pro- tive review by the Joint Taxation Com- victed felons have applied to the Fed- cedure, Mr. Chairman. mittee, but it does require an outside eral Government, have cost the tax- Mr. HOYER. Mr. Chairman, it is my objective review, as well. payers $10,000 per application to be re- understanding the Ways and Means With that, I urge an ‘‘aye’’ vote and armed with a firearm. If I might be al- Committee, I am just informed, was yield back the balance of my time. lowed to continue. going to raise a point of order. The CHAIRMAN. Is there any Mem- The CHAIRMAN. The gentleman Mr. TRAFICANT. Parliamentary pro- ber who seeks time in opposition to the must address the point of order. cedure, Mr. Chairman. amendment? Mr. DURBIN. I am about to address The CHAIRMAN. The Chair will state If not, the question is on the amend- it. that that opportunity was posed when ment offered by the gentleman from What this amendment addresses is a the gentleman from Ohio offered the Ohio [Mr. TRAFICANT]. provision in the appropriations bill amendment and no Member chose to The amendment was agreed to. which says that no court can overcome raise a point of order at that time. AMENDMENT OFFERED BY MR. DURBIN what we have done by the appropria- Mr. HOYER. I thank the Chair for his Mr. DURBIN. Mr. Chairman, I offer tion language, which basically elimi- advice. an amendment. nates the right of the bureau to grant The CHAIRMAN. The gentleman The CHAIRMAN. The Clerk will des- these new applications to give con- from Ohio [Mr. TRAFICANT] has yielded ignate the amendment. victed felons firearms. With my motion July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7679 to strike, we will in fact say to the tions. The second is a legislative pre- The CHAIRMAN. The Clerk will des- courts, you can consider no applica- scription that the inability of the Bu- ignate the amendment. tions from convicted felons. It is in reau of Alcohol, Tobacco and Firearms The text of the amendment is as fol- fact lessening the responsibility of the to process or act upon specified subsets lows: courts that is presently in the bill. It of all disability-relief applications Amendment offered by Mr. HOYER. Page 73, does not broaden the scope or jurisdic- shall not be subject to judicial review. strike lines 1 through 9 (sections 518 and 519). tion of the bill. The amendment offered by the gen- The CHAIRMAN. Pursuant to the Now those on the other side, my tleman from Illinois proposes to strike order of the House of Tuesday, July 16, friend, the gentleman from Mississippi, from the second feature of the proviso 1996, the gentleman from Maryland frankly believe that some convicted the language specifying subsets. [Mr. HOYER] will be recognized for 15 felons ought to have firearms. I do not Under settled precedent, where legis- minutes in support of the amendment, think any should. My language will lative language is permitted to remain and a Member opposed will be recog- make it clear that a court cannot give in a general appropriation bill, a ger- nized for 15 minutes. a convicted felon a firearm. I think it mane amendment merely perfecting The Chair recognizes the gentleman is not only sensible, it is that language and not adding further from Maryland [Mr. HOYER]. parliamentarily acceptable and I think legislation is in order, but an amend- Mr. HOYER. Mr. Chairman, I yield ment affecting further legislation is 1 the gentleman’s point of order should myself 3 ⁄2 minutes. not in order even in the form of a mo- be ruled down. Mr. Chairman, for some years we car- tion to strike. The CHAIRMAN. The Chair is pre- ried language which said that the Fed- The precedent of November 15, 1989, eral employee health benefit plan pur- pared to rule. Are there other Members recorded on page 641 of the House Rules who wish to be heard on the point of chased by Federal employees with both and Manual is pertinent. In that situa- their own funds and the part of the pay order? tion, a legislative provision applicable Mr. OBEY. Mr. Chairman, I wish to package which they received from the to Federal funds was permitted to re- Federal Government would be re- be heard on the point of order. main in the general appropriation bill The CHAIRMAN. The Chair recog- stricted in terms of what coverage for the District of Columbia. An could be purchased. Mr. Chairman, this nizes the gentleman from Wisconsin. amendment striking the word Federal language was reincluded last year and Mr. OBEY. Mr. Chairman, I had not was held to broaden the provision to in this year’s bill. I rise to strike the known that this point of order was address District of Columbia funds as restrictive language. going to be raised, and I think that it well. This issue has been a contentious is on sound grounds for the gentleman The amendment offered by the gen- one, and I understand there are strong to raise the point of order. tleman from Illinois would expand the feelings on all sides. It is my belief and I would simply say that I do not sweep of a legislative prescription in contention, Mr. Chairman, that as is think the point of order should be de- the bill from some disability-relief ap- the case in the private sector, in the termined on the basis of a judgment plications to all disability-relief appli- public sector, with respect to Federal that the Durbin amendment would in cations. Rather than merely perfecting employees, their compensation pack- fact narrow the scope of what is hap- the legislation in the bill, the amend- age is composed of three elements: pening here. In fact, the language in ment affects further legislation. their pay, which they are getting in the committee bill would keep us clos- The point of order is sustained. their paycheck less deductions on a bi- Are there further amendments to the er to the court decision which was pro- weekly or monthly basis; their health bill? duced some time ago. It makes some benefits, reflected by a partial deduc- exceptions for felons who are not con- PARLIAMENTARY INQUIRY tion from their paychecks and a con- Mr. DURBIN. Parliamentary inquiry, victed of a violent crime, who were not tribution by the Federal Government Mr. Chairman. convicted of firearms violations or which is 72 percent of the average cost drug-related crimes. The CHAIRMAN. The gentleman will state his parliamentary inquiry. of health insurance for Federal em- b 1100 Mr. DURBIN. Mr. Chairman, I would ployees; and their retirement benefit. And it seems to me, therefore, that like a clarification on that, because They also get a life insurance benefit the Durbin amendment would go fur- under the existing language of the bill, as well. Those four items compose their com- ther than the language in the bill in the courts are only restricted in grant- pensation package. It is my contention overturning existing law. ing these applications for rearming fel- that that is their compensation. They I would simply state that if any ons for three specific categories. With own it. Just as this Congress would not Member of this House feels that there my amendment we would eliminate all convicted felons in their right to be re- deem it appropriate to pass an amend- are no people in this society who com- ment which said that you may not mitted a nonviolent crime 20 years ago, armed; their right to have another fire- arm. spend your salary on X, Y, or Z, nobody who have lived an exemplary life since in the House would contend that that that time, that they are not entitled to I would say to the gentleman, from the Chair’s ruling, that that gives to was an appropriate action for the have the slate eventually wiped clean, House of Representatives to take. I think most people would happen to the courts a much clearer mandate to eliminate the Al Capone’s and John It is my belief and contention and disagree with. that And I think that suggestion to the House that we ought the grounds the gentleman has cited Gotti’s and those who did not commit those three specific crimes. not to do that with respect to what for the point of order are correct. Mr. PARKER. Regular order, Mr. kind of health insurance they deem it Mr. PARKER. Mr. Chairman, I ask Chairman. appropriate to purchase, not Big Broth- for a ruling of the Chair. Mr. DURBIN. And I would say that er telling them what to purchase but The CHAIRMAN. The Chair is pre- the Chair’s ruling suggesting that I am what they choose to purchase. pared to rule based on the arguments broadening—— Now, with respect to the Federal em- propounded by the gentleman from Mr. PARKER. Mr. Chairman, regular ployee health benefit plan, in this area Wisconsin and the gentleman from order. there are some 25 to 35 plans available Mississippi. The CHAIRMAN. The gentleman may to Federal employees. They have a The pending portion of the bill in- be correct in his statement, but the great choice. The Federal Government, cludes several provisions relating to Chair has ruled that the amendment of as the employer, does not make a de- applications for relief from firearms the gentleman does go further in termination that we will spend X, if disabilities under the Federal criminal broadening the legislative intent here, you buy this policy; or Y, if you buy code. Among those provisions is the and so that is the ruling of the Chair. this policy. They contribute 72 percent proviso that begins on page 15 at line 5. Are there further amendments to the of the average premium cost to what- That proviso includes two features. bill? ever purchase the employee decides to The first is a limitation prohibiting the AMENDMENT OFFERED BY MR. HOYER make. use of funds in the bill to investigator Mr. HOYER. Mr. Chairman, I offer an In that context, therefore, it is inap- act upon disabilities relief applica- amendment. propriate because it is not our money. H7680 CONGRESSIONAL RECORD — HOUSE July 17, 1996 It is the employee’s money that they Federal employees. There are 1.2 mil- lectual dishonesty, the art of the skill- are applying. It is the employee’s com- lion women of reproductive age who ful dodge, and the clever manipulation pensation, some in salary, some in ben- rely on FEHBP for their medical care, of euphemisms designed to conceal an efit payments, but their compensation 1.2 million American women who lost utterly gruesome reality. package. It has been historically my the right to choose when this bill was All of the arguments marched out to contention, and it is today, that we enacted. justify the slaughter of unborn babies ought not to interject our judgment in The bill was wrong last year, it is used in today’s debate and used in place of our employees’ judgment for still wrong, and I urge my colleagues other debates that we have had on this what policies they themselves, individ- to support this amendment. Let us re- floor were first conceived, tested, and ually, want to purchase. turn the choice to the people that de- marketed by public opinion specialists, That is what this amendment is all serve it, the women who work for this pollsters, and focus groups. Those talk- about. It is not whether we can con- Government. ing points that routinely find their done abortion, whether we believe that Mr. SMITH of New Jersey. Mr. Chair- way into our offices from NARAL and it ought to be precluded altogether. man, I yield myself such time as I may Planned Parenthood are the best that The fact of the matter is the employees consume. market research can buy. in the private sector and the public First of all, I want to thank the gen- Still, it is amazing to me that in 1996, sector ought to be able to choose what tleman from Iowa, Chairman LIGHT- with all of the breathtaking advances policies they want to buy. FOOT, for his humane and courageous in fetology, the use of the ultrasound Mr. Chairman, I reserve the balance leadership in ensuring in this legisla- technology and microsurgery for the of my time. tion that taxpayers are not forced to baby in the womb, that some can still The CHAIRMAN. Is there a Member subsidize the killing of unborn baby stand here with straight faces and who rises in opposition to the amend- boys and girls by abortion. argue that the taxpayers and the pre- ment offered by the gentleman from Let me make it very clear that the mium payers should pay millions of Maryland [Mr. HOYER]? taxpayers pay into this program ap- dollars to dismember and to poison Mr. SMITH of New Jersey. Mr. Chair- proximately more than 70 percent of these precious little kids. The sanitiz- man, I rise in opposition to the amend- the total funding. The premium payers, ing of these child killings has so insu- ment, and I reserve the balance of my all of us who are part of the Federal lated some from the cruelty of abortion time. employees health benefits program, that they somehow believe that they The CHAIRMAN. The gentleman pick up the remaining 30 percent of the are enlightened to take that point of from New Jersey [Mr. SMITH] is recog- cost of our health insurance, but the view. nized for 15 minutes in opposition to taxpayers of the United States of Way back in 1976, Mr. Chairman, I the amendment and reserves the bal- America are paying for 70 percent of asked my predecessor, then Congress- ance of his time. the cost associated with this program. man Frank Thompson, who swore he Mr. HOYER. Mr. Chairman, I yield 2 So this is very much akin to the Hyde was personally opposed to abortion, minutes to the gentlewoman from New amendment because the taxpayers are and I kept saying to him, why are you York [Mrs. LOWEY], the cosponsor of indeed paying for abortion on demand personally opposed? He just came back this amendment. if the Hoyer amendment is enacted and said, well, I am personally opposed. Mrs. LOWEY. Mr. Chairman, as my into law. Well, I asked him if he thought that a colleague made it very clear, last year Let me just say, Mr. Chairman, that baby was involved in abortion. Was a the anti-choice majority included a I have always been struck by the con- baby killed? He said, and I quote, ‘‘You ban in this bill that prevents the siderable lengths some people will go can’t have an abortion unless there is a FEHBP from offering insurance that to sanitize and to deny realities that baby involved.’’ Then he became a lit- covers abortion services. are unflattering to their cause, incon- tle bit red-faced, after he saw what he The ban does not make any sense. venient and messy to face. The plain had just admitted. And a reporter who What it does is relegate Federal em- fact of the matter is that abortion was on the scene at the time, and my ployees to second class status. Amer- methods either dismember an unborn wife, were frankly shocked, but pleased ican women should not have their con- child’s fragile body or burn her alive in with his candor. He at least admitted stitutional right taken away by Con- a poison solution, while some babies that a human baby was killed as a re- gress simply because they work for the are killed by the partial birth abortion sult of abortion. Federal Government. method. Those victim babies are Recently I read in the Weekly Stand- The issue before us today is very sim- stabbed in the back of the neck with ard an article by Tucker Carlson enti- ple. Should women be allowed the free- scissors and have their brains sucked tled, ‘‘What Pro-choice Republicans dom to choose a private health insur- out. Yet all of this cruelty is Believe.’’ I frankly was absolutely ance plan that includes coverage of euphemistically referred to as choice amazed by the answers given by some abortion, or should Congress dictate and vigorously defended as an expres- of my good friends and colleagues on their choices to them? Federal employ- sion of freedom rather than the child our side of the aisle, and it was a kind ees, like other American workers, abuse that it is. of deja vu of the conversation that I should be able to choose a health plan Whole societies, Mr. Chairman, have had some 20 years ago with my prede- that covers the full range of reproduc- at times bought into gross evils dressed cessor, then Congressman Frank tive health services, including abor- up as legitimate and good. The abomi- Thompson. One prominent lawmaker tion. Like other workers, Federal em- nation of slavery was vigorously de- was asked why he was personally op- ployees pay for their insurance with fended by the best and the brightest of posed to abortion. The article described their own funds. It is simply not right its day. Just read Roger Taney’s Dred it this way. Senator SPECTER stopped that the Congress would bar women Scott decision—an apologetic that cold. Eighteen seconds of uncomfort- from purchasing the reproductive serv- looks and sounds remarkably like Roe able silence pass. The Senator has ices they need with their own money. versus Wade. spent much of the past year talking in- Before this ban was put in place, Fed- b cessantly about abortion, and yet he eral employees had many options. Of 1115 seems baffled by the question, as if it the 345 plans, just about half, 178, cov- The subjugation of whole nations, has never been asked before or even ered abortion. If women wanted to par- bride burning, female genital mutila- imagined that it could be asked. ticipate in the plan that covered abor- tion, and even human sacrifice have When Senator SPECTER finally re- tions, they could. If they found abor- had their sincere and sophisticated plies, his tone has changed. He speaks tion objectionable, they could belong apologists. Of course, they were and through clenched teeth: ‘‘Well, it is to a plan that did not cover abortion. are dead wrong, but these human something I would not choose to do, The choice was theirs, not mine, not rights abuses have their apologists. In and I would just leave it at that.’’ And this institution’s. the past three decades, the abortion Senator SPECTER does leave it at that. When we passed the bill last year, we rights movement, a multimillion-dol- Asked to elaborate on his views, he took health care choices away from lar industry, takes the prize for intel- angrily refuses. ‘‘I think it says all July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7681 there is to say that I’m opposed to it. ticipating plans provided this coverage. plan is wrong, realizing that this is Now, do you have another question?’’ Thus, an employee who did not wish to abortion on demands, even into the Mr. Chairman, I would like to ask choose a plan with abortion coverage third trimester. that question of the Members that are could do just that. Supporters of this amendment claim arguing for abortion funding today. I Unfortunately, Congress denied Fed- that the Federal benefits health pro- especially want to ask this of my col- eral employees their access to abortion gram should pay for all the medical league from Illinois [Mr. DURBIN]. And coverage, thereby discriminating procedures. However, in agreement again let me remind you, 70 percent of against them and treating them dif- with a 1980 Supreme Court decision, I the funding used for the Federal Em- ferently than the vast majority of pri- say that an abortion cannot be consid- ployees Health Benefits Program is vate sector employees. Currently, two- ered as part of these procedures. It is, taxpayers’ dollars. So Mr. LIGHTFOOT’S thirds of private fee-for-service plans in fact, the termination of a life we are language is very much a parallel to the and 70 percent of HMO’s provide abor- talking about here, Mr. Chairman, not Hyde amendment. Yes, there is some tion coverage. It is insulting to Federal a simple health care procedure. So money that you and I and others kick employees that they are being told when the Members on this side, per- in. It is only 30 percent in terms of pre- that part of their own compensation haps some on this side of the aisle, mium payers, and even many of those, package is not under their control. would say this is a simple health care like myself, a premium payer, do not Thousands of Federal employees procedure, we just have to go to the want that money as well to be bundled struggle to make ends meet. Many Fed- 1980 Supreme Court decision. It clearly and used to pay for abortions on de- eral employees are single parents or says this is not a simple health care mand. That is what the Hoyer amend- the sole wage earners in their families. procedure we are talking about. So do ment would do. For these workers, the cost of an abor- not be confused. It is abortion on demand, abortion tion would be a significant hardship, So I ask my colleagues to think for birth control reasons. And if the interfering with a woman’s constitu- about what the majority of American Hoyer amendment is passed, if his tionally protected right to choose. For taxpayers, roughly 70 percent in two amendment becomes law, the U.S. Gov- these women, the lack of this health separate polls have said. They do not ernment will subsidize the slaying of coverage could result in delayed abor- want to pay for abortion on demand for children. Back in 1983, before the pro- tions occurring later in the pregnancy, Federal employees. So, truly, let us de- life rider was in effect, some 17,000 ba- an outcome no one here wants to see. feat the Hoyer amendment, regardless bies were killed each year, facilitated Mr. Chairman, this amendment sim- of your stance on abortion on this de- and subsidized by the Federal Employ- ply restores the rights of Federal em- bate. You must recognize what this ees Health Benefits Program and by ployees to the same health care serv- amendment does. I ask all of my col- the taxpayers. ices covered by most private sector leagues to defeat this amendment I would like to ask my friend from Il- health plans. I urge my colleagues to today. linois, Mr. DURBIN, who is standing support this amendment and to reverse Mr. HOYER. Mr. Chairman, I yield 45 here waiting to speak, do you believe last year’s unwise decision. seconds to my friend, the gentleman that an unborn child is a human being? Mr. SMITH of New Jersey. Mr. Chair- from Colorado [Mr. SKAGGS]. Perhaps you would like to answer. On man, I yield 3 minutes to the distin- Mr. SKAGGS. Mr. Chairman, over a your time, I hope you will. guished gentleman from Florida [Mr. million women rely on the Federal Em- Mr. Chairman, I reserve the balance STEARNS]. ployee Health Benefit Program for of my time. I do hope the gentleman (Mr. STEARNS asked and was given their health insurance. These women will answer that when he takes the po- permission to revise and extend his re- work for the American people, for us. dium, whether or not there is a human marks.) They are not children. They are per- life destroyed by abortion. Mr. STEARNS. Mr. Chairman, I rise fectly capable of making decisions Mr. HOYER. Mr. Chairman, I yield 2 in opposition to the Hoyer amendment, about their own health insurance. minutes to my distinguished colleague, which would allow, as brought out here By what right does this House make the gentlewoman from Maryland [Mrs. before, abortion on demand under the it more difficult and dangerous for MORELLA]. Federal employee health insurance these citizens to exercise their con- Mrs. MORELLA. Mr. Chairman, I rise plan. The question I pose to my col- stitutional rights about abortion? in strong support of the Lowey-Hoyer- leagues is, should the American tax- By what right does this House limit Morella amendment. Please do not be payers have an interest in the health the medical procedures available in misled by the highly charged emo- care coverage of Federal employees? Of what are the most difficult and trying tional rhetoric, because this amend- course, they should. Why not. They pay circumstances anyone woman can face? ment is not about that. This amend- for it. Treat these public servants like ment is to avert discrimination against They are the employers of the Fed- other American workers. They should Federal employees. eral workers. OK, so if the people who be allowed to choose health care insur- Last year, Congress voted to deny pay for it have an interest, why do we ance without the interference of the Federal employees coverage for abor- not ask them? heavy ideological hands of Congress. tions that had been provided to most of Well, we have done that. The CBS Vote ‘‘yes’’ on the Hoyer amendment. the rest of this country’s workforce news poll done this year, the end of Mr. Chairman, I rise in support of the gen- through their health insurance plans. March, 72 percent of the people who are tleman from Maryland's amendment and in op- This decision was discriminatory and is polled say they do not want their tax position to the continuing efforts of many on just another example of Congress chip- dollars going toward abortion on de- the majority side to interfere with a woman's ping away at the benefits of Federal mand. Another poll was done by the privacy rights and freedom of choice about employees and their opportunity to Journal of American Medical Associa- abortion. choose an insurance plan that best tion; 69 percent said the same thing. In this bill as written, the compensation of meets their own health care needs. The American taxpayers do not want Federal employees is manipulated to serve The coverage of abortion services in their tax dollars going for abortion on the ideological purposes of those who dis- Federal health plans would not mean demand. agree with the U.S. Supreme Court about a that abortions are being subsidized by This amendment goes way beyond woman's right to choose. Simply because they the Federal Government. Currently, the bounds of the pro-life/pro-choice happen to work for the Federal Government, the Government simply contributes to debate. This issue involves providing Federal employees are prohibited from select- the premiums of Federal employees in abortions for anyone enrolled in the ing a health insurance carrier through their order to allow them to purchase pri- Federal Employee Health Benefits Pro- employer health plan that provides coverage vate health insurance. The many par- gram, regardless of income level. The for abortion services in most cases. ticipating plans in the FEHBP may or concept of the anyone subsidizing abor- Over a million American women rely on the may not choose to include coverage for tion is difficult enough, but asking the Federal Employee Health Benefit Program for abortion services—and, prior to last American taxpayers to pay for abor- their health insurance. These women work for year’s decision, about half of the par- tions for Federal employees under this the American people; they work for you. Look H7682 CONGRESSIONAL RECORD — HOUSE July 17, 1996 around you, look around your offices. These on standards of development, how de- ployees is just one more example of women aren't children. They are adults capa- veloped a person is, which is a dan- this Congress’ fixation on divisive so- ble of making their own health care decisions. gerous principle going into the law. cial issues. There are a host of real By what right does this House make it more I know the argument on the other problems facing America today, from difficult and dangerous for these women to ex- side, an argument based on choice. It is the threat of terrorism to the deterio- ercise their constitutional right to choose about a good argument when you are dealing rating quality of our public schools, abortion? By what right does this House limit with one person. But it just seems to which Congress can and should address the medical procedures available in what is me it is very circular, when you have immediately. Instead, we have met one of the most difficult and trying cir- to address the question how many peo- time and again to clash over the right cumstances a woman can encounter? The an- ple are involved in here. How many of women to obtain legal abortions swer is simple. It suits some Members' politi- people’s choices should be taken into with their own funds. cal ideologyÐnever mind the rights and needs account. Mr. Chairman, this mother of four of the women who work for the Government. That is why I am opposed to abortion urges strong support for the Hoyer The U.S. Constitution guarantees women a and why I believe that as time goes on amendment to restore the freedom of right to privacy and choice about abortion. and as we present these facts to the Federal workers to purchase the health Without the Hoyer amendment, the bill before American people, we will persuade care policy of their choice. Let’s shift us diminishes that right for those who work for them, and that is what we have to do, the focus away from divisive social is- this country, for us. we have to persuade them. We cannot sues and onto the real problems facing Treat these public servants like other Amer- now, the Supreme Court has said, we our Nation. cannot now prohibit this procedure, ican workers. They should be allowed to b 1130 choose health care insurance without inter- but we can still try and persuade. One Mr. SMITH of New Jersey. Mr. Chair- ference from the heavy ideological hand of of the ways that we can persuade is man, I yield myself 15 seconds just to Congress. say, look, we do not want taxpayers respond briefly, just to say to my good Vote ``yes'' on the Hoyer amendment. funding the programs to have anything The CHAIRMAN. The Committee will to do with this procedure. Whatever friend and just to point out that this is rise informally. people can or cannot do under the Su- indeed a Federal funding, U.S. taxpayer The SPEAKER pro tempore (Mr. preme Court decision is for themselves. funding issue. I am dismayed at at- tempts to suggest otherwise. STEARNS) assumed the chair. We do not want to participate in this with Federal taxpayer dollars. That is In 1995, 73 percent of the money that f all that the bill says, and I do not want was expended toward the purchase of SUNDRY MESSAGES FROM THE the Hoyer amendment to take that health insurance for the Federal em- PRESIDENT out. ployees came directly from the U.S. Sundry messages in writing from the You can argue fine questions about taxpayers. The remainder was picked President of the United States were whose money this is. I would just say, up by the premium payers. communicated to the House by Mr. Mr. Chairman, with the greatest re- Mr. HOYER. Mr. Chairman, what is Edwin Thomas, one of his secretaries. spect to my friend, the gentleman from the time remaining? The CHAIRMAN. The gentleman The SPEAKER pro tempore. The Maryland, when you get down to fine from Maryland [Mr. HOYER] has 61⁄4 Committee will resume its sitting. questions, let us err on the side of life. Let us err on the side of saying, we do minutes remaining, and the gentleman f not want to have anything to do with from New Jersey has 33⁄4 minutes re- TREASURY, POSTAL SERVICE, AND this procedure and continue persuading maining. GENERAL GOVERNMENT APPRO- the American people. Mr. HOYER. Mr. Chairman, I yield 30 PRIATIONS ACT, 1997 Mr. HOYER. Mr. Chairman, I yield 30 seconds to the gentlewoman from Cali- The Committee resumed its sitting. seconds to the distinguished gentle- fornia [Ms. WOOLSEY]. (Ms. WOOLSEY asked and was given The CHAIRMAN. The Chair recog- woman from California [Ms. HARMAN]. (Ms. HARMAN asked and was given permission to revise and extend her re- nizes the gentleman from New Jersey permission to revise and extend her re- marks.) [Mr. SMITH]. marks.) Ms. WOOLSEY. Mr. Chairman, I pre- Mr. SMITH of New Jersey. Mr. Chair- Ms. HARMAN. Mr. Chairman. I rise dict that historians will write books on man, I yield 2 minutes to the distin- in strong support of the Hoyer amend- this Congress. They will do that by guished gentleman from Missouri [Mr. ment to strike the language that pro- writing about the majority’s assault on TALENT]. hibits Federal employees from choos- reproductive choice. Twenty-one votes Mr. TALENT. Mr. Chairman, I thank ing health care plans that include abor- to compromise a woman’s right to the gentleman for yielding me the tion services. choose in just 1 year, that is why pas- time. Let’s be perfectly clear: the issue sage of this amendment is so impor- I rise in opposition to the Hoyer here is not Federal funding for abor- tant. amendment. I want to say right up tions. It’s about this Congress forcing Women in the Federal Government front that I appreciate, as always, the its social agenda on the American peo- work very hard every day for our con- very gracious style of the gentleman ple, and in this case a specific group of stituents. Indeed, they are our con- who is offering the amendment and his individuals: Federal workers. What’s at stituents. But they have had their re- attempts to keep this debate squarely stake here is the right of Federal em- productive health care options taken on the merits and not let it get per- ployees to use their own money, com- away from them for political postur- sonal. I want to proceed in that vein as pensation they have earned, to pur- ing. That is wrong, that is unfair, and well. Let me speak from the heart chase the health plan of their choice. it undermines the fundamental protec- about why I am opposing his amend- Congress has no business obstructing tions of Roe versus Wade. ment. private insurance companies from of- Mr. SMITH of New Jersey. Mr. Chair- Mr. Chairman, when I look at abor- fering services that are necessary for man, I yield 1 minute to my good tion, I cannot get past looking first women’s health. At least two-thirds of friend, the gentleman from Indiana and foremost at what the status of an private health insurance plans cur- [Mr. HOSTETTLER]. unborn child really is. The scientific rently include coverage for abortions. (Mr. HOSTETTLER asked and was facts, and these are scientific facts, is Those private sector employees who given permission to revise and extend that we are dealing with a life, no ques- object to abortion have the freedom to his remarks.) tion, an unborn child is alive. It is a purchase plans that do not cover such Mr. HOSTETTLER. Mr. Chairman, I member of the human species. Not any- procedures. Federal employees should rise in opposition to this amendment. thing else. Has a genetic code, is com- have the same right to make these per- Aruments are routinely raised on pletely separate from its parents. It sonal decisions, and until Congress im- this floor that the so-called right to seems to me that makes the unborn posed this policy last year, they did. choose is infringed any time the Gov- child a person, a human being. To say Mr. Chairman, this unreasonable re- ernment refuses to facilitate the prac- otherwise is to make personhood turn striction of the rights of Federal em- tice of abortion on demand—even July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7683 when, like today—we are only talking (Mrs. MALONEY asked and was given Ms. PELOSI. Mr. Chairman, I rise in about the Government’s refusing to: permission to revise and extend her re- support of the Hoyer amendment strik- fund, pay for, provide, however you marks.) ing provisions which restrict funding want to say it—the practice of abortion Mrs. MALONEY. Mr. Chairman, last for abortion coverage for the Federal on demand. winter I received a notice in the mail employee health benefit plan. This lan- At stake today is whether a Govern- that my health insurance coverage, by guage in the bill makes second class ment-funded health care plan—that is law, would no longer cover abortion. It citizens of our Federal employees. health insurance for Government em- was one small notice in the mail but a I am going to submit my original ployees—must provide coverage for giant step backwards for a woman’s statement for the record and address a abortion when the life of the mother, right to choose. couple of the points made by our col- rape, or incest are not at issue. As a Member of the other side of the leagues in the course of the debate. Roe versus Wade extra-constitu- aisle has said repeatedly, ‘‘We intend This debate is not about abortion on tionally prohibits the complete prohi- to repeal choice procedure by proce- demand. I do not know one Member of bition of abortion. I contend, however, dure, little by little,’’ and they are this body who supports abortion on de- that neither Roe versus Wade, nor its doing it. In this Congress they have mand. erroneous progeny, require Americans passed 23 antichoice bills. Second, when our colleagues on the to use taxpayer-provided funds for this With the Hoyer amendment, we are other side say that this is about stop- terrible procedure. attempting to correct one. Support the ping a taxpayer subsidy of abortion be- Hoyer amendment. This is not health care and it does cause of the contribution that the Fed- As a member of the new majority said, ``We not have to be funded I urge my col- eral Government makes to the health intend to outlaw choice procedure by proce- leagues to oppose this amendment. care plan, I want to remind our col- dure.'' And they are doing itÐso far, they've Mr. HOYER. Mr. Chairman, I yield 30 leagues that the Federal Government seconds to the distinguished gentleman passed 16 antichoice measures. We are trying, with the Hoyer amendment, subsidizes every employer basic health from Massachusetts [Mr. OLVER]. care plan in America because it is a (Mr. OLVER asked and was given to correct one tonight. business expense for private employers. permission to revise and extend his re- Last winter, I received a notice in the mail What is next? Do we move next from marks.) that my health insurance coverage, by law, Mr. OLVER. Mr. Chairman, I rise in would no longer cover abortion. It was one preventing Federal employees from strong support of the Hoyer-Lowey small notice in the mail, but one giant step having a right to full reproductive free- amendment. The right to choose is con- backward for a woman's right to choose. doms in their health care plan to pre- stitutionally protected and has been so Federal employees can no longer purchase, venting every working woman in protected for over 23 years. with their own money, insurance coverage for America from having access to repro- Last year, Congress singled out one abortion services. ductive freedom because the argument group of women, those who worked for The Hoyer amendment, the Supreme Court, will be made that the Federal Govern- the Federal Government, and denied and the majority of the American people sup- ment is subsidizing it by giving a tax them access to a health insurance plan port choiceÐand they support Federal em- deduction to her employer. that implements their constitutional ployees' right to chooseÐwith their own I urge my colleagues to support the right to choose. So what the majority money. Hoyer amendment. Defeat this assault on personal freedom, is accomplishing in denying such Mr. HOYER. Mr. Chairman, I yield 1 Support the Hoyer amendment. minute to the distinguished gentleman health insurance coverage is to rel- Mr. SMITH of New Jersey. Mr. Chair- egate a particular group of women, from Illinois [Mr. DURBIN]. man, I yield 13⁄4 minutes to the gentle- Mr. DURBIN. Mr. Chairman, Mem- women who work for American, to a woman from Washington [Mrs. SMITH]. bers on both sides have strongly held second-class status. Mrs. SMITH of Washington. Mr. That is discrimination, pure and sim- feelings about this issue, but consider Chairman, I think what is important is this simple fact situation: A Federal ple. I urge my colleague to support the we clarify what is being talked about. amendment. employee who is a woman works late, We have had the issue of conscience on goes to her car at night, is attacked Mr. HOYER. Mr. Chairman, I yield 30 this floor before from civil rights to seconds to the distinguished gentle- and brutally raped. She goes home to war protesting. Choices are not being her family and learns to her dismay woman from Oregon [Ms. FURSE]. challenged here. Every woman still has Ms. FURSE. Mr. Chairman, women several weeks later that she is preg- a choice. nant. She, here doctor, her husband, serving the Federal Government de- But we take away the choice of the and her family decide that terminating serve the same civil rights as all Amer- taxpayers when we make them pay for that pregnancy from that rape is the ican women, but with this bill the ex- abortions. That is the issue: Should right thing to do. treme antichoice Members of Congress taxpayers subsidize abortions? want to deny the more than 1 million The Supreme Court has said that Because she is a Federal employee, women the right to comprehensive in- government can distinguish amongst the gentleman from New Jersey [Mr. surance coverage. health care procedures, especially SMITH] would deny her hospitalization I urge the House: Reverse this sad abortion because it is different. Other insurance coverage for that abortion and unfair decision. This is a decision procedures protect life. Abortion ter- service. in this bill which harms women. I urge minates life. What the gentleman goes on to say is the support of the Hoyer amendment. This bill does not challenge a wom- that virtually every other incident in- Mr. SMITH of New Jersey. Mr. Chair- an’s right to an abortion. It just says if volved in abortion, rape, incest, he man, I yield myself just 10 seconds to she makes that choice, if I choose to wants to make the decision. He wants respond. terminate my child’s life, that I have to make the decision. He says this is Cheap shots like calling us extreme to pay for that and not those that do about respect. just do not have any place on this not agree with that choice pay for it. I say to the gentleman from New Jer- floor. If opposition to taxpayer funding Mr. SMITH of New Jersey. Mr. Chair- sey, I do not believe that he is respect- of abortion is extreme then 72 percent man, we reserve the balance of our ing the rights of these families to make of the American public, according to time. We only have one speaker re- the right decisions for their families. the CBS poll who are against Federal maining. This is a decision that should be made funding for abortion, our extremists. The CHAIRMAN. The Chair will in- by Federal employees, by their families Virtually every poll where it is asked, form the Committee that the gen- and their doctors, not by their govern- people overwhelmingly say they do not tleman from Maryland [Mr. HOYER] is ment. want their tax dollars used to kill un- entitled to close debate as the gen- Mr. SMITH of New Jersey. Mr. Chair- born babies. tleman from the New Jersey is not on man, I yield myself 10 seconds. Mr. HOYER. Mr. Chairman, I yield 30 the committee. The gentleman from Illinois [Mr. seconds to the distinguished gentle- Mr. HOYER. Mr. Chairman, I yield 1 DURBIN] has not obviously read the bill. woman from New York [Mrs. minute to the gentlewoman from Cali- On page 73, section 519, the text stipu- MALONEY]. fornia [Ms. PELOSI]. lates exceptions for the life of the H7684 CONGRESSIONAL RECORD — HOUSE July 17, 1996 mother, or the pregnancy is the result million dead Americans in their moth- care that could place the health of women in of an act of ‘‘rape or incest.’’ er’s wombs. jeopardy. So the argument Mr. DURBIN is mak- b 1145 The bill before us represents the continu- ing isn’t at issue and misses the mark ation of the majority's outrageous attack on by a mile. Please, next time read the Mr. HOYER. Mr. Chairman, I yield 15 women in this country. bill. seconds to the gentlewoman from Cali- I say to opponents of this amendment, The CHAIRMAN. The time of the fornia [Ms. PELOSI]. ``women are not the enemy''. I urge my col- gentleman from New Jersey [Mr. Ms. PELOSI. Mr. Chairman, since the leagues to protect the health of the 1.2 million SMITH] has expired. gentleman from California accused me women who are covered under Federal health Mr. HOYER. Mr. Chairman, I yield 30 of contradicting myself, I want to plans. Vote for the Hoyer-Lowey-Morella seconds to the distinguished gentle- make the point that he did not clarify. amendment. woman from California [Ms. PELOSI]. That point is, yes, abortion on demand Mr. NADLER. Mr. Chairman, I rise in sup- Ms. PELOSI. Mr. Chairman, I just is not something we support in this port of this amendment which would remove want to follow up on the previous ex- House. Abortion on demand is not what from this bill dangerous language that once change. is before the body today. Abortion on again strikes out at women. The language we Why should this women who is a Fed- demand is abortion up until the ninth are seeking to remove today says that women eral employee have to document that month. We are not talking about or who work for the Federal GovernmentÐ the pregnancy was a product of a rape? supporting that. The gentleman knows women who have made a commitment to pub- This is an invasion of the privacy of it. lic serviceÐshould not have the same rights women; it is an attempt to limit a Mr. HOYER. Mr. Chairman, I yield afforded to women working elsewhere. woman’s access to reproductive free- myself the balance of my time. Mr. Chairman, women in this Nation have a dom. That is the issue that is before The CHAIRMAN. The gentleman constitutionally protected right to choose the House today. Anything else is just from Maryland [Mr. HOYER] is recog- whether to have an abortion. This is the law a diversion. Reducing a woman’s right nized for 13⁄4 minutes. of the land. to choose is the reality: Cutting back Mr. HOYER. Mr. Chairman, clearly But some members of this House realizing on a woman’s right to choose. A women the issue that has been the focus of the that the vast majority of the American people should not have to document the cause debate is one of the most wrenching support a woman's constitutionally protected of the pregnancy. confronting America. Contrary to a right to choose, are trying to do away with this Mr. Chairman, our colleagues have representation made by the gentleman fundamental right bit by bit, woman by woman. We must not allow this to happen. never really caught on to that point as from California just now, the majority of Americans, as everybody on this Because abortion is a legal medical proce- an invasion of privacy. dure, most major health plans provide cov- Mr. HOYER. Mr. Chairman, I reserve floor knows, support the right to erage for women who choose to have an the balance of my time. choose, even though they do not choose abortion. Private insurance companies recog- Mr. SMITH of New Jersey. Mr. Chair- abortion themselves. The bottom line nize that their female customers are perfectly man, I yield the remainder of our time is they do not want the Government to capable of making this deeply personal choice to the gentleman from California [Mr. interject itself in this issue between a woman and her doctor. without interference. DORNAN]. Do we think that our moral judgement is su- The CHAIRMAN. The gentleman Furthermore, everybody knows that perior to that of the thousands of women serv- from California [Mr. DORNAN] is recog- almost every State does in fact control ing our communities and our Nation? What do nized for 1 minute and 20 seconds. abortion on demand, as the Supreme we know that major insurance companies, Mr. DORNAN. Mr. Chairman, my Court allowed, and says in the second U.S. corporations, and the majority of our con- friend, the hero of freedom in China, trimester and third trimester there stituents don't know? the gentlewoman from California [Ms. will be constraints to protect both the It's time to get off the high horse, to quit PELOSI], has just contradicted herself life of the mother and the prospective playing games with the rights of women and to inadvertently. She just described abor- child who is born. I support that. respect the moral judgement of the women we tion on demand, and although we say But the fact of the matter is, which represent. I urge the adoption of this amend- there is no Member in this House that the opponents of this amendment have ment. believes in abortion on demand, they not responded to and cannot respond The CHAIRMAN. The question is on all defend abortion on demand and to, that the salaries we pay to Federal the amendment offered by the gen- want other people to pay for it. employees are 100 percent Federal dol- tleman from Maryland [Mr. HOYER]. I can be dispassionate today because lars, as is the 72 percent, which is 100 The question was taken; and the the vote on this last year without rape, percent of our contribution to the Fed- Chairman announced that the noes ap- incest was 188 to 235. So we will win eral Employee Health Benefit Plan. peared to have it. today. But what amazes me is a simple There is no difference between those Mr. SMITH of New Jersey. Mr. Chair- little quote from scripture: ‘‘What does dollars, except the opponents to my man, I demand a recorded vote. it profit a man or a woman to gain the amendment try to make the point that The CHAIRMAN. Pursuant to the whole world or political power and suf- somehow these are Federal dollars, provisions of House Resolution 475, fur- fer the loss of their soul?’’ while the salary dollars somehow are ther proceedings on the amendment of- I am looking at a list of 17 Catholics, converted. I believe they are converted, fered by the gentleman from Maryland at least in their bios, who called the but the next step clearly is to tell you [Mr. HOYER] will be postponed. Pope and Mother Teresa extremists, you cannot spend your Federal salary, AMENDMENT OFFERED BY MR. SOLOMON who call Billy Graham, who got our which, after all, comes 100 percent from Mr. SOLOMON. Mr. Chairman, I offer Congressional Gold Medal, who said we the taxpayer, on the items that you an amendment. are a nation on the brink of self-de- choose. That is wrong. That is Big The CHAIRMAN. The Clerk will des- struction, they will vote for sodomy Brother. Support this amendment. ignate the amendment. marriage and infanticide abortion and Ms. DELAURO. Mr. Chairman, I rise to urge The text of the amendment is as fol- still put the word ‘‘Catholic’’ in their all my colleagues to support the Hoyer Lowey lows: bio. Seventeen. And on this issue, it ex- Morella amendment to strike this bill's provi- Amendment offered by Mr. SOLOMON: Page pands to about 30. Thank God, no Re- sion that bans abortion services under Federal 119, after line 8, insert the following: publicans. Employee Health Plans. TITLE VIII—ADDITIONAL GENERAL It is unbelievable the way we twist Federal workersÐlike private sector employ- PROVISIONS this issue on this debate. This Nation eesÐshare the cost of health insurance cov- SEC. 801. None of the funds made available is opposed to most abortions, and they erage with their employer. It is an earned ben- in this Act may be used to pay, draw, or do not want Federal dollars to pay for transfer amounts out of accounts numbered efitÐcompensation for service delivered 20X8413, 20X6822.56, 20X6822.57, and 20X1099 at something that although it has been through hard work. By denying the full range the Financial Management Service, or pay constitutional on a phony decision of reproductive health care services, Federal the salary or expenses of any officer or em- based on a gang rape that never hap- workers and their dependents, are subjected ployee of the Department of the Treasury ap- pened, most Americans see this as 32 to second-rate health careÐinferior health proving or processing any such payment, July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7685 drawing, or transfer when it is made known we are still grappling with today? Do ment, which says if something is the to the Federal officer having authority to we want to get ourselves back in an- fact and is made known, that clearly is obligate or expend such fund that— other situation like that and have it what this means, because to rule other- (1) the amounts are being paid, transferred, bailed out by the taxpayer? The answer wise is to rule that no matter how spe- or otherwise disbursed, directly or indi- rectly, to or for the benefit of the Comptrol- is no, no, no. cious the representation to the public ler of the Currency or any officer or em- No agency of the Government, official, that they will be therefore ployee of the Office of the Comptroller of the through promulgating creative regula- bound not to expend the funds because Currency or to meet expenses of the Office of tions, can eviscerate Congress’ respon- of having it made known, however irre- the Comptroller of the Currency; and sibility to act. The law in this area sponsible the source of the information (2) revisions to part V of title 12 of the has, unfortunately, been written by the might be. Code of Federal Regulations, pursuant to the courts and by the regulators. This Therefore, I suggest to the Chair that notice of proposed rulemaking published by amendment represents a serious legis- this amendment and other amend- the Comptroller of the Currency in the Fed- lative solution to a complicated prob- ments like it which seek to overcome eral Register or November 29, 1994, have, di- the rule which precludes the legislation rectly or indirectly, taken affect or the lem that the Congress has a respon- Comptroller of the Currency is otherwise sibility to act on. on an appropriations bill by I believe permitting national banks or operating sub- This amendment, Mr. Chairman, is the specious representation, not in this sidiaries of national banks to engage in ac- supported by the NFIB, the National amendment alone, I tell my friend, the tivities in which national banks are not per- Federation of Independent Businesses, gentleman from New York, and I am mitted to engage as of July 16, 1996. by the American Farm Bureau, by the talking here to the process, not the Mr. HOYER. Mr. Chairman, I reserve National Homebuilders, and a whole substance of the gentleman’s amend- a point of order on the amendment. slew of small businessmen across this ment, the specious representation that The CHAIRMAN. Pursuant to the country who do not want to be intimi- any responsible public official will not order of the House of Tuesday, July 16, dated by banks, no matter how fair- have to take any action subsequent to 1996, the gentleman from New York minded they are. That is what this de- that fact being made known to them, is [Mr. SOLOMON] will be recognized for 5 bate is all about. It is no cost to the to adopt a premise which is untrue, and minutes in support of his amendment, taxpayer. I would urge my colleagues if true, would not be supported by any- and a Member in opposition to the to support this amendment when it body in this House or the Senate, or by amendment will be recognized for 5 comes to a vote. the taxpayers of America. minutes. Mr. Chairman, I reserve the balance The reason I say the premise under- The Chair recognizes the gentleman of my time. lying the initial 1809 judgment is incor- from New York [Mr. SOLOMON]. The CHAIRMAN. Is there a Member rect is that because of the 1809 judg- Mr. SOLOMON. That is a fiscally re- who seeks to control time in opposi- ment, any competitor could have sponsible amendment, Mr. Chairman, tion? called up the Secretary of the Treasury to limit the funds of the Department of Mr. HOYER. Mr. Chairman, I do. and lied flat out and said ‘‘I make it the Treasury’s Financial Management The CHAIRMAN. Does the gentleman known to you that the facts included Service for the purposes of processing from Maryland insist on his point of in this amendment are true.’’ funds through certain accounts. The order? Unless we are all crazy and want to Financial Management Service is the simply devolve the responsibility to POINT OF ORDER any citizen who may want to make U.S. financial manager, central dis- Mr. HOYER. Mr. Chairman, I do in- known to somebody, the Director of burser, and collection agent. sist on my point of order. FBI or the Attorney General or who- Many agencies process funds through The CHAIRMAN. The gentleman will accounts at the Treasury in this man- ever, unless we want to adopt that state his point of order. premise, then this ruling should not be ner. The amount seeks to limit the Mr. HOYER. Mr. Chairman, I rise on supported. I raise it on this issue sim- ability of the controller of the cur- a point of order that the amendment ply because this is one of the famous rency to implement a rule for which offered here is in violation of rule XXI, ‘‘made known’’ amendments, not be- there is no basis in current law. The clause C of the rules, in that it is legis- amendment would limit funds in the cause of the substance. lation on an appropriation bill. I would Mr. Chairman, I would urge the bill from being used to draw further like to be heard on that. chairman and those with whom he from the OCC’s account at the Treas- The CHAIRMAN. The Chair recog- counsels to adopt the much more rea- ury if the OCC implements this pro- nizes the gentleman from Maryland sonable premise that if you make posed rule, which drastically exceeds [Mr. HOYER] to speak on his point of known something to an elected official, its authority in the law. That is what order. or an appointed official who has re- this is all about. Mr. HOYER. Mr. Chairman, this sponsibility for policy and responsibil- The 104th Congress has taken several amendment I will substantively oppose ity for the administration of the important steps to curb the abuses of as well, but on the rule itself, this is public’s money, that that official has it Federal regulators in Washington. what is referred to as a ‘‘made known’’ incumbent upon them, underlying the That is really what this 104th Congress amendment. I suggest to the Chair that premise of this amendment, to deter- has been all about. Our efforts have an amendment that changes legislation mine the veracity, the substance, of empowered the private sector and less- requiring a public officer to take some that which is made known to them. ened the bureaucratic chokehold that action is in fact legislation on an ap- As a result, it is an inevitable conclu- unelected regulators have held over propriation bill. sion that that public official must take business for years. There has been a ruling in 1809 on a further action as a result of this The amendment is in keeping with similar amendment referencing ‘‘made amendment or they will act totally ir- our efforts to curb overzealous regu- known’’ that that was in order because responsibility, which I suggest to the lators from abusing their powers. It it was a simple limitation; that is, that Members is a conclusion we ought not stands to reason that the financial none of the funds could be expended. to draw. services sector of our vast economy de- But that ruling is that once it is made Therefore, once having adopted the serves relief from such regulators as known to the Secretary, the simplistic, premise that they do have to take well. The amendment I offered would frankly, determination, in my opinion, some action to determine whether or halt a proposed rule which financial ex- is that the Secretary or the Comptrol- not there is veracity in the fact being perts on a bipartisan basis agree could ler of the Currency or any other offi- made known to them, that this amend- potentially be disastrous for the health cial to whom such a limitation is di- ment and others like it would fail as and safety of the Nation’s financial rected will then have to make no judg- legislation on an appropriation bill, services sector. Members better keep ment. contrary to rule XXI. that in mind. The premise underlying the ruling is The CHAIRMAN. Does the gentleman Need I remind my colleagues on both that irrespective of the truth or falsity from New York [Mr. SOLOMON] wish to sides of the aisle of the enormous costs of the fact being made known, which is, be heard in opposition to the point of associated with the S&L debacle, which of course, the premise of the amend- order? H7686 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. SOLOMON. Yes, indeed, Mr. Mr. HOYER. Mr. Chairman, I under- limitation comes into play not because Chairman. stand what the gentleman has said. I the individual who must function The CHAIRMAN. The gentleman also understand that the gentleman re- under the limitation is required to do from New York [Mr. SOLOMON] is recog- fers to previous rulings. The 1809 ruling anything but simply because he has nized on the point of order. I referred to myself in my comments. had matters brought to his attention. Mr. SOLOMON. Mr. Chairman, let me My point, I tell my friend from New It imposes no duty on him other than say to my very good friend, and he is a York, and again I reiterate, I am not to behave in conformity with the limi- very good friend, he and I have stood talking about the substance of this tation when certain matters have been on this floor and defended the Federal amendment. I am talking about the brought to his attention. The only re- workers of this Nation time and time procedure, which I have always op- quirement is that when information is again, and so I admire and respect him posed—this is nothing new for the gen- brought to the attention of the officers for it, but let me just say to him the tleman from Maryland [Mr. HOYER]— is who would be responsible for imple- ‘‘made known’’ doctrine has been ruled that the gentleman proposes it is a menting the expenditure of these pub- in order in this Chamber for as long as simple limitation and that is in fact lic moneys that they cannot then I can remember, and I have been here what the ruling has been. But it defies spend the money, a very sensible limi- for 18 years; as long as the gentleman logic and good policy which is why I tation and one which makes an ex- from Michigan, JOHN DINGELL, has been suggest that the ruling be reflected traordinary amount of sense. If the here, which is 30-some odd years we upon by those making the ruling. Chair will permit, I intend to yield to have made in order the ‘‘made known’’ The logic that it defies, I tell my doctrine. my distinguished friend from Maryland friend from New York, is that the offi- Mr. HOYER. Only STROM THURMOND for whom I have enormous respect and has been here long enough to remember cial to whom a fact is made know has affection. when this was ruled on. no responsibility before effecting the The CHAIRMAN. The gentleman Mr. SOLOMON. Let me just say to limitation to determine the accuracy from Michigan may not yield. If there the Members and to the chairman of of the fact being represented. It is my are other Members seeking to address the committee and the Chair, we have suggestion that therein lies the error the point of order, it is at the discre- the power in this body and we have the of the 1809 precedent and the judg- tion of the Chair to recognize them. responsibility in this body to limit the ments flowing from that precedent. As The Chair recognizes the gentleman expenditure of taxpayer dollars. That a result, Mr. Chairman, I would urge from New York [Mr. LAFALCE]. is our constitutional right in this that the chairman find that this PARLIAMENTARY INQUIRY House of Representatives. amendment is not consistent with rule Mr. SOLOMON. Mr. Chairman, I have This amendment does not require ac- XXI and that the previous precedents a parliamentary inquiry. tion, it prohibits action. Therefore, it to the contrary should be specifically The CHAIRMAN. The gentleman will is a limitation amendment which is al- overruled. state it. lowed under this rule. The bill before The CHAIRMAN. Does the gentleman Mr. SOLOMON. Mr. Chairman, when the House contains funds for the Fi- from New York [Mr. SOLOMON] wish to arguing a point of order, we cannot de- nancial Management Service within be heard further on the point of order? bate the amendment, and we have to the Department of the Treasury. The Mr. SOLOMON. Just briefly, Mr. debate the point of order; is that cor- Financial Management Service is the Chairman, in rebuttal. Again the gen- rect? U.S. Government’s financial manager, tleman’s argument is about the made The CHAIRMAN. The Members who central disburser, and collection agent, know doctrine. This Chair has ruled for are speaking are addressing the point as well as its accountant and reporter as long as JOHN DINGELL has been a of order. The gentleman is correct. of financial information. Congressman in this body, as I said be- Mr. SOLOMON. Let us make sure The Financial Management Service fore, in favor of making in order the they stick to it. I thank the Chair. processes checks through certain num- made known doctrine. I ask for the Mr. LAFALCE. Mr. Chairman, on the bered accounts which are listed in the similar ruling that has been ruled on so point of order, I believe this will be a amendment for the Government regu- many times on this floor and ask for a close call and it is a discretionary latory office the amendment addresses. ruling. issue. I would hope that the manner in Therefore, the limitation amendment I The CHAIRMAN. It appears that the which the issue has been brought to the offer directly restricts the expenditure gentleman from Michigan is seeking to floor could have some weight in the of funds in the bill. That is what the be recognized on the point of order but Chair’s determination. amendment does. before he proceeds, the Chair wishes to It is my understanding that in order Mr. Chairman, the amendment is inform the Committee that the prece- to bring this amendment to the floor, drafted as a proper limitation amend- dent which has been mentioned was on it was necessary for, I believe the gen- ment. It conforms with the rules and March 21, 1908 and while a number of tleman from New York, perhaps some- the procedures of this House. The Members have pointed to the longevity one else, to come to the floor of the amendment clearly states that no part of service of our colleagues, Members House of Representatives last night to of the appropriation under consider- currently serving were not here in ei- seek unanimous consent to bring this ation here by the House shall be used ther 1809 or 1908. up and that unanimous consent was for a certain designated purpose. The With that, the Chair recognizes the given. purpose is explicit in this amendment. gentleman from Michigan [Mr. DIN- First of all, is that understanding The amendment also does not impose additional duties on executive branch GELL] to speak to the point of order. correct? Was unanimous consent given Mr. DINGELL. Mr. Chairman, I officials. That is where the gentleman last night? I think it bears on the point would observe that neither I nor STROM is wrong. The amendment does not of order. THURMOND were in this work at the Mr. SOLOMON. The gentleman is in- change existing law. The rules and time that the precedent was estab- precedents of the House indicate that correct. Mr. LAFALCE. No unanimous con- as long as a limitation restricts the ex- lished. It is clear to me, however, this is a sent was given? penditure of Federal funds in the bill sound precedent by reason of the dura- The CHAIRMAN. Points of order debated without changing existing law, tion of its existence and the fact that were not waived under the unanimous- the limitation, Mr. Chairman, is in it has been unchallenged during those consent request that was granted last order. Therefore, Mr. Chairman, I would ask periods of time. evening. a favorable ruling on this point of So having established that we have a Mr. LAFALCE. The issue is not order. sound and long-lived precedent that whether points of order were waived has served this body well, I believe it under the unanimous-consent request. b 1200 would be useful for us to adhere to that The issue that I am posing to the Chair The CHAIRMAN. Are there any other precedent. I would observe that the re- is, is this amendment on the floor now Members who wish to be heard on the quirement here is that we are discuss- only because unanimous consent was point of order? ing a limitation on expenditures. The granted last night? July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7687 Mr. SOLOMON. No. endangerment of a mother’s life that amendment offered by the gentleman The CHAIRMAN. The amendment were not required of them by law re- from New York as a proper limitation could have been offered under the rule gardless of whether they might rou- is consistent with both the precedent at the appropriate time whether unani- tinely make such judgments on their cited on page 631 of the manual and the mous consent had been requested or own initiative. ruling of June 17, 1977. not. The second precedent—one more The limitation in the amendment of- Mr. LAFALCE. I thank the Chair. analogous to the passive approach in fered by the gentleman from New York The CHAIRMAN. Are there any other the amendment offered by the gen- applies solely to the appropriations Members seeking to be recognized on tleman from New York—is noted on covered by the bill and merely restricts the point of order? page 631 of the House Rules and Man- their availability. It does not impose The Chair recognizes the gentleman ual. This second precedent may be additional duties on—or require new from Minnesota [Mr. VENTO]. found in ‘‘Cannon’s Precedents’’ at vol- determinations of—officials of the Gov- Mr. VENTO. Mr. Chairman, I support ume 7, section 1695. It records again as ernment. Rather, it only passively ad- the point of order that my colleague the Chair stated, that on March 21, dresses the state of their knowledge. from Maryland raises. Under the prece- 1908, an amendment denying the avail- The limitation therefore cannot be dents of the House, obviously the limi- ability of funds in a general appropria- construed to change existing law. tation on appropriation is a very sub- tion bill when it shall be made known Accordingly, the Chair overrules the stantial power and a responsibility of that certain conditions exist was held point of order. Congress in terms of the purse strings. in order as a proper limitation. Who seeks time in opposition to the But the fact is that this amendment A third, more recent ruling also is in- amendment? goes well beyond simply limiting structive. On August 1, 1989, the House PARLIAMENTAR INQUIRY funds. It intends to try to go into di- was considering a general appropria- Mr. VENTO. Mr. Chairman, I have a rectly or indirectly controlling the tion bill providing funds for the De- parliamentary inquiry. Comptroller of the Currency’s office partment of Commerce. A motion to The CHAIRMAN. The gentleman will with regard to activities that are ongo- recommit the bill proposed an amend- state it. ing and in place. I think there are con- ment prohibiting the expenditure of Mr. VENTO. Mr. Chairman, the par- stitutional questions with regard to funds in the bill for census data where liamentary inquiry is this is a limita- the powers of the executive agencies it is made known to the Secretary that tion on an appropriation. Under the and departments and there are ques- such data includes a count of illegal rules, would the committee have to de- tions of whether or not in fact the on- aliens. The motion to recommit was feat the motion to rise in order to offer going responsibilities can be exercised. ruled out on the ground that it pro- this particular amendment? So this is more than just simply a limi- posed a limitation not specifically con- The CHAIRMAN. The bill has been tation in terms of new activities as it tained in existing law. In light of the considered read under the order of the is being portrayed. I think that the rul- distinction illuminated by the prece- House. Only the majority leader or his ing needs to differentiate and define dents of 1908 and 1977, this 1989 ruling designee may move to rise and report, the differences that exist here between properly turned on the form of the in order to foreclose a limitation a simple limitation and the breadth of amendment rather than on an asser- amendment. activities that are expected to go on on tion that it changed existing law. This Mr. VENTO. Mr. Chairman, my par- an ongoing basis in terms of the dis- was again illustrated in the ruling of liamentary inquiry, persisting, is charge of the responsibilities of this June 22, 1995, on a proposed motion to whether or not the motion in order to regulator and this Comptroller’s re- recommit the legislative branch appro- be offered on this particular subject sponsibility. I think that this amend- priations bill. matter, a limitation on appropriation, ment certainly is very expansive in Indeed, this acceptance of the earlier would require the committee to defeat terms of its use of this particular limi- precedents is evident in a Par- the motion to rise to offer such limita- tation. liamentarian’s note published in tion. Mr. Chairman, I would join my col- ‘‘Deschler’s Precedents’’ at volume 8, The CHAIRMAN. If the motion to league in asking the Chair to review chapter 26, section 59.19. That note rise and report is not offered by the this in light of the 1908 ruling. records the events of December 9, 1982, majority leader or his designee, then The CHAIRMAN. The Chair is pre- when the Committee of the Whole was the limitation amendment can be of- pared to rule. considering a general appropriation fered. The gentleman from Maryland [Mr. bill. After a limitation reported in the Who seeks time in opposition to the HOYER] makes a point of order against bill was stricken as legislation because Solomon amendment? the amendment offered by the gen- it imposed on Federal officials an ongo- Mr. LAFALCE. Mr. Chairman, I seek tleman from New York on the ground ing responsibility to ascertain certain time in opposition, but I also rise for a that it constitutes legislation in a gen- information, the manager of the bill of- unanimous-consent request. eral appropriation bill in violation of fered an amendment to achieve the The CHAIRMAN. The gentleman clause 2 of rule XXI. same result by language that, on its from New York [Mr. LAFALCE] will be The amendment is in the form of a face, operated on a merely passive con- recognized for 5 minutes in opposition limitation. It imposes a negative re- dition. In light of the earlier prece- to the Solomon amendment. striction on funds in the pending bill. dents, the amendment went unchal- b 1215 This restriction is operative when it is lenged by point of order. made known to the pertinent official Thus, under this recorded line of Mr. LAFALCE. Mr. Chairman, on the that certain conditions exist. precedent, language restricting the unanimous consent request first. The precedents recognize the distinc- availability of funds in a general ap- The CHAIRMAN. The gentleman will tion between language that puts an of- propriation bill may be a valid limita- state his unanimous consent. ficial in the role of a passive recipient tion if, rather than imposing new du- Mr. LAFALCE. I wonder if we can ex- of information, on one hand, and lan- ties on an official or requiring new de- tend the debate a bit. It was my under- guage that puts an official in the role terminations of that official, the lan- standing the unanimous consent agreed of a gatherer, developer, or judge of in- guage simply and passively addresses to last night was the unanimous con- formation, on the other. Two prece- the state of knowledge of the official. sent with respect to three things: A, dents illuminate this distinction. In the opinion of the Chair, the limi- the specific amendments that could be The first may be found in ‘‘Deschler’s tation posed by the amendment offered offered; B, agreement that no amend- Precedents’’ at volume 8, chapter 26, by the gentleman from New York— ments could be offered to those amend- section 53.5. It records that on June 17, ‘‘when it is made known’’ to the perti- ments; and C, time constraints. 1977, the Chair ruled out as legislation nent official that certain conditions The time constraints, as I understand an abortion-limitation amendment on exist—merely places the Federal offi- it, are simply 10 minutes, 5 on each the basis that it would require officials cial in the role of a passive recipient of side. Given the fact that this issue did to make affirmative judgments about information. Thus, to construe the not come to my attention until about H7688 CONGRESSIONAL RECORD — HOUSE July 17, 1996 11:00 this morning and because it is a Mr. SOLOMON. Mr. Chairman, how of savings from welfare reform. The momentous issue, I would seek unani- much time is remaining on both sides? Castle-Tanner alternative has 53 billion mous consent to at least have 20 min- The CHAIRMAN. The gentleman dollars’ worth of savings. It meets that utes of debate, 10 minutes on each side. from New York [Mr. SOLOMON] has 21⁄2 target. However, it is our understand- Mr. SOLOMON. Reserving the right minutes remaining, and the gentleman ing or perhaps lack of understanding to object, Mr. Chairman. On their res- from New York [Mr. LAFALCE] has 4 that it may not be permitted to be of- ervation I would just say to the gen- minutes remaining. fered at the $53 billion figure, that $60 tleman we are under tremendous time PREFERENTIAL MOTION OFFERED BY MR. WISE billion or more may be required. That constraints on this legislation. We Mr. WISE. Mr. Chairman, I offer a is moving the target, Mr. Chairman. must move this bill. We must move the preferential motion. So I have to take this motion to other appropriation bills. We have 85 The Clerk read as follows: strike the enacting clause to alert singular pieces of legislation to come Mr. WISE moves that the Committee do members that many of us who are before this body by October 4. We will now rise and report the bill back to the genuinely concerned may have to delay not even have time to deal with half of House with the recommendation that the en- proceedings on this bill and other bills them and that is not doing the work of acting clause be stricken. to make sure that the Castle-Tanner the body. We have discussed this and The CHAIRMAN. The gentleman alternative has that opportunity to be we took into consideration time limi- from West Virginia [Mr. WISE] is recog- offered. It should be pointed out this is tations on all of the amendments, all of nized for 5 minutes. not to delay welfare reform, and in fact them, but others are limited to 10 min- PARLIAMENTARY INQUIRY if we could get a clear, unequivocal utes and I would have to object to the Mr. DINGELL. Parliamentary in- statement from the Republican leader- gentleman’s request. quiry, Mr. Chairman. ship that Castle-Tanner and the $53 bil- The CHAIRMAN. Does the gentleman The CHAIRMAN. The gentleman will lion target will be permitted to be of- from New York object to the request? state his inquiry. fered as an alternative, we do not need Mr. SOLOMON. I object to the unani- Mr. DINGELL. The gentleman has to do these kinds of motions. But this mous consent request. been recognized for 5 minutes on the is so important because we are talking The CHAIRMAN. The gentleman preferential motion. I believe that here about a bipartisan alternative, from New York objects to the unani- there will be 5 minutes made available Republicans and Democrats alike that mous consent of the gentleman from to the other side for a rebuttal to have worked it out. New York. whatever statements might be made? Mr. Chairman, we are talking about Mr. LaFALCE. Mr. Chairman, I yield The CHAIRMAN. The gentleman is offering an alternative that supports 1 minute to the distinguished gen- correct. One Member who wishes to work over welfare. We are talking tleman from Minnesota [Mr. VENTO]. speak in opposition to the preferential about wanting to offer an alternative Mr. VENTO. Mr. Chairman, I rise in motion will be recognized. that supports children much more than strong opposition to this amendment. Mr. DINGELL. Mr. Chairman, I the leadership proposal. We are talking Mr. Chairman, this limitation on the would like to indicate strong interest about moving welfare reform forward Comptroller is both a significant risk in that matter. and, most significantly, we are talking to the safety and soundness of our fi- The CHAIRMAN. The Chair will de- about offering an alternative that nancial institutions and economic sys- termine who will be controlling that meets the Republican budget con- tem in this country. For 15 months, it time after the gentleman from West ference report that passed this House would dictate and hamstring the Comp- Virginia [Mr. WISE] completes his 5 that says $53 billion shall be achieved. troller of the Currency, someone that minutes. So yes, we are going to vote today on has primary responsibility of the regu- The Chair recognizes the gentleman striking the enacting clause. Our hope lation of national banks in this coun- from West Virginia [Mr. WISE]. is, to the leadership, to the chairman try, literally responsible for what is a Mr. WISE. Mr. Chairman, this mo- of the Committee on Rules and to the dynamic and growing economic system tion to strike the enacting clause is an Speaker and to the majority leader and in this country of extending credit and important motion. others, our hope is that Members will economic vitality. Mr. VOLKMER. Mr. Chairman, will send that clear, give us that clear, un- The only thing that the Comptroller the gentleman yield? equivocal statement now that Castle- of the Currency has been guilty of in Mr. WISE. I yield to the gentleman Tanner will be in order in its form this process is doing his job and being from Missouri. present, that $53 billion will be that successful in terms of advocating be- Mr. VOLKMER. Mr. Chairman, I figure and that we do not have to seek fore the courts of this Nation for his would like for the gentleman from New to delay. regulatory authority in a number of York [Mr. SOLOMON], who is the spon- Let there be no mistake about it, definitive decisions which in fact have sor of the amendment to the bill, to this is not to delay the moving forward provided for the national banks to con- please pay attention because this basi- of welfare reform. Democrats, Repub- tinue the business of serving the needs cally is addressed to him. If the gen- licans and the White House want that. of our Nation is consumers and com- tleman from New York, will pay atten- It is about whether we are going to be merce. tion. permitted to offer an alternative that As a matter of fact, Mr. Chairman, Mr. WISE. This motion to strike the meets the Republican budget targets the duplicity of this particular type of enacting clause is important because, and yet at the same time has better amendment is that the dual banking as this bill is very important, there is work-to-welfare, work over welfare system would permit States to con- a bill coming right after this welfare provisions, has better provisions for tinue, State-regulated institutions reform that is even more important. children, permits States to have more would continue to, in fact, offer the The concern that many of us have on flexibility and permits States in case same kind of power to State financial this side of the aisle, and probably on of recession to be able to deal with institutions. both sides, is that an important area of that. This amendment runs the risk of welfare reform, the bipartisan alter- So Members should be alerted this is causing great harm to our economy for native, the Castle-Tanner alternative a one-time motion we hope, but if we 15 months when the Comptroller would may not be permitted to be offered as do not receive that message then we be frozen in place unable to respond to structured. Republicans and Democrats will have to seek that delay, not to a dynamic market and financial mar- both recognize the importance of wel- delay welfare reform but to delay until ketplace that can with literally days, fare reform and both sides want to get we are guaranteed that there will be a spin out of control. This is a deeply this bill to the floor today and tomor- true bipartisan alternative permitted flawed amendment foisted upon this row and to have it debated and voted to be offered that meets the budget tar- House inappropriately without con- on. The country demands it. gets. sultation and deliberation. But it should be pointed out, that the Mr. VOLKMER. Mr. Chairman, I I urge my colleagues to reject this Republican budget resolution says that know the gentleman from California, measure. there should be 53 billion dollars’ worth who is a member of the Committee on July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7689 Rules, is paying some attention. I am is an illegal act wherein the Comptrol- forms with good public policy and that sorry the gentleman from New York ler of the Currency proposes to go be- it does not upset some of the long-es- [Mr. SOLOMON] is not, because what we yond the authority which he has under tablished precedents which have pre- are trying to advise, not only the gen- law. And I would like to quote a letter cluded banks from doing these kinds of tlemen, but all members of this House, written in 1995 by the present chairman things, for the very good reason that that if we are not given a substitute for of the Banking Committee to the OCC we found that serious abuses occur. the welfare bill, then I think they can in which the chairman had this obser- I would tell my colleagues that banks see that things are going to slow down vation to make: are now moving into mutual funds and up here a little bit until we are able to There is not a shred of statutory support other things, and it has been found by offer our substitute for their welfare for the notion that a national bank is au- inquiry after inquiry that banks are bill. thorized to conduct activities in a subsidiary not telling the purchasers of these se- Mr. WISE. I think it should be point- that are not permissible for the national curities that these securities are not ed out, as the gentleman says, that the bank itself. guaranteed by the Federal Govern- delay is only so that we can offer a sub- Now, at the appropriate time I will ment. Indeed, they are letting the pur- stitute that meets the Republican insert the whole of this letter in the chasers of these securities walk out of budget targets and has complied with RECORD, and what I am saying is that the bank with the mutual fund operat- every one of the Republican budget the chairman of the Banking Commit- ing under the assumption that in fact rules and we feel is a bipartisan alter- tee warned the Comptroller of the Cur- that mutual fund is guaranteed by Fed- native that is superior to the leader- rency that his action is illegal, in ex- eral moneys. ship proposal. cess of his authority and beyond the HOUSE OF REPRESENTATIVES, COM- Mr. VOLKMER. And we would not powers that he is vested in under law. MITTEE ON BANKING AND FINAN- even have any more delay if the gen- It is an act of some arrogance then on CIAL SERVICES, tleman from New York [Mr. SOLOMON] the part of the Comptroller to move Washington, DC, April 5, 1995. will just stand up and say as chairman forward. Mr. EUGENE A. LUDWIG, of the Committee on Rules he would Now, what is the action of which my Comptroller of the Currency, Washington, DC. give it to us. good friend from New York complains? That is that the Comptroller proposes DEAR COMPTROLLER LUDWIG: I am writing Mr. WISE. We could probably skip to express grave concerns concerning your this vote we are about to have on this to permit national bank operating sub- recent proposal to allow bank subsidiaries to basis alone. sidiaries to move forward into areas engage in activities legally impermissible for My hope is when Members are voting which are forbidden under the law, banks themselves. Such an approach is not we will have a chance to talk about it most specifically into stock underwrit- only highly imprudent but contrary to exist- some so we can move this welfare re- ing and the sale of insurance. Now, I ing law. There is not a shred of statutory form bill quickly to the floor, under- happen to think that banks and sub- support for the notion that a national bank standing that everyone wants to be sidiaries should have the authority to is authorized to conduct activities in a sub- do certain other actions, including the sidiary that are not permissible for the na- able to vote on welfare reform. But we tional bank itself. If fact, it appears that the want to offer the Castle-Tanner bipar- sale of securities, including other ac- OCC’s new interpretation of the authority of tisan alternative that is far pref- tivities which go beyond banking au- subsidiaries to conduct impermissible activi- erential to the leadership one. thority. But that should be defined by ties does not comport with longstanding OCC Mr. Chairman, I yield back the bal- the statutory enactment of the Con- practice and policy. (See 31 Fed. Reg. 11459 ance of my time. gress of the United States and not by (Aug. 31, 1966), 48 Fed. Reg. 1732 (Jan. 14, The CHAIRMAN. Is there a Member the arrogance of the Comptroller of the 1983)) seeking time in opposition to the pref- United States. Allowing a national bank or its subsidiary The practical effect of what he seeks to engage in risky non-banking activities erential motion? would jeopardize the deposit insurance sys- Mr. DINGELL. I rise in opposition to to do is simply to allow a situation to tem. Indeed, the news of the past weeks—the the preferential motion. go forward where a bank would find a failure of Barings, one of Britain’s oldest fi- The CHAIRMAN. The gentleman citizen coming in for a mortgage or nancial institutions—demonstrates the prob- from Michigan is recognized for 5 min- something of that kind and the banker, lematic nature of conducting activities in a utes. not all of them but some of them, bank subsidiary and shows how quickly an (Mr. DINGELL asked and was given would put their arm around the appli- operating subsidiary can bring down a par- permission to revise and extend his re- cant and say now that we have agreed ent. Likewise, from the perspective of recent marks.) that we are going to give you your American experience, the OCC proposal would appear analogous to the direct invest- Mr. DINGELL. Mr. Chairman, nor- loan, but before you sign the papers, go ment authority granted S&Ls in certain mally I would be very supportive of down to the end of the hall and see Mr. states in the 1980s, which had the effect of motions to strike the enacting clause Jones who handles our securities sales, placing significant uncontemplated liabil- and things of that sort. At this particu- or insurance sales, and all of the other ities on the deposit insurance system. lar time, however, I am compelled re- activities. because we are a full-finan- In sum, I object to the OCC’s judgement as luctantly to rise against it in sprite of cial service firm. And the individual well as its legal interpretation. The latter the vast respect I have for the offerer, then would either go down there and concern is particularly telling. No agency of the distinguished gentleman from West agree to turn the entirety of his finan- government has the right through promulga- tion of regulations to obviate law. Virginia. cial affairs over to the bank, or he Sincerely, I would like to devote my attention would not get the loan. JAMES A. LEACH, to the question of the motion to strike Mr. Chairman, this is an experience Chairman. the enacting clause. One of the reasons which the Congress has had before. It b 1230 that adopting the motion to strike the was in the 1920’s, indeed in 1929, the enacting clause would be very bad is crash, which was in good part brought The CHAIRMAN. The question is on simply that that would leave us in the about by the fact that banks were en- the preferential motion offered by the awkward position of being unable to gaging in all kinds of financial activi- gentleman from West Virginia [Mr. devote our attention to the Solomon ties without any sort of constraint. WISE]. amendment, and I would like to ad- The purpose that the gentleman The question was taken; and the dress now the reasons that the Solo- seeks to do is to simply see that if we chairman announced that the ayes ap- mon amendment is so important to the are going to take the action of permit- peared to have it. business in which we are now engaged. ting the Comptroller of the Currency RECORDED VOTE I would like to address first what has to get into the business of doing other Mr. LIGHTFOOT. Mr. Chairman, I been going on, Mr. Chairman. What Mr. things other than regulating banks and demand a recorded vote. SOLOMON seeks to do is to see to it that banks to do other than doing banking A recorded vote was ordered. the status quo remains in place, be- business, that the Congress will have a The vote was taken by electronic de- cause what is contemplated by the Of- chance to look at it to see to it that it vice, and there were—ayes 182, noes 233, fice of the Comptroller of the Currency conforms with law and that it con- not voting 18, as follow H7690 CONGRESSIONAL RECORD — HOUSE July 17, 1996 [Roll No. 319] Hancock Manzullo Saxton and the gentleman from New York [Mr. Hansen Martini Scarborough A ALCE AYES—182 Hastert McCollum Schaefer L F ] has 4 minutes remaining. Abercrombie Gejdenson Ortiz Hastings (WA) McCrery Schiff The gentleman from New York [Mr. Ackerman Geren Orton Hayworth McHugh Seastrand SOLOMON] has the right to close. Andrews Gibbons Owens Hefley McInnis Sensenbrenner Mr. LAFALCE. Mr. Chairman, I yield Baesler Green (TX) Pallone Heineman McIntosh Shadegg 1 minute to the gentleman from Ohio Baldacci Gutierrez Pastor Herger McKeon Shaw [Mr. CREMEANS], a member of the Com- Barcia Harman Payne (NJ) Hilleary Metcalf Shays Barrett (WI) Hastings (FL) Payne (VA) Hobson Meyers Shuster mittee on Banking and Financial Serv- Becerra Hefner Pelosi Hoekstra Mica Skeen ices. Beilenson Hilliard Peterson (FL) Hoke Miller (FL) Smith (MI) (Mr. CREMEANS asked and was Horn Molinari Smith (NJ) Bentsen Hinchey Peterson (MN) given permission to revise and extend Bevill Holden Pickett Hostettler Moorhead Smith (TX) Bishop Hoyer Pomeroy Houghton Morella Smith (WA) his remarks.) Blumenauer Jackson (IL) Poshard Hunter Myers Solomon Mr. CREMEANS. Mr. Chairman, I Bonior Jackson-Lee Rahall Hutchinson Myrick Souder rise in strong opposition to the Solo- Borski (TX) Rangel Hyde Nethercutt Spence Boucher Jacobs Reed Inglis Neumann Stearns mon amendment. I have spent the past Brewster Jefferson Richardson Istook Ney Stenholm year and a half on the Committee on Brown (CA) Johnson (SD) Rivers Johnson (CT) Norwood Stockman Banking and Financial Services mak- Johnson, Sam Nussle Stump Brown (FL) Johnson, E.B. Roemer ing tough decisions and working tire- Brown (OH) Johnston Rose Jones Oxley Talent Bryant (TX) Kanjorski Roybal-Allard Kasich Packard Tate lessly to hammer out a compromise on Bunn Kaptur Rush Kelly Parker Tauzin this powers issue. Unfortunately, that Cardin Kennedy (MA) Sabo Kim Paxon Taylor (NC) effort failed. Much-needed reforms of Chapman Kennedy (RI) Sanders King Petri Thomas Clay Kennelly Sawyer Kingston Pombo Thornberry 40-year-old laws that govern the finan- Clayton Kildee Schroeder Klug Porter Tiahrt cial services industry were stopped by Clement Kleczka Schumer Knollenberg Portman Torkildsen turf battle between banks and insur- Kolbe Pryce Upton Clyburn Klink Scott ance agents. Coleman LaFalce Serrano LaHood Quillen Vucanovich Collins (IL) Lantos Sisisky Largent Quinn Walker While I am disappointed, we were un- Collins (MI) Levin Skaggs Latham Radanovich Walsh able to reach a suitable compromise in Condit Lewis (GA) Skelton LaTourette Ramstad Wamp this Congress; I accepted that fact. Laughlin Regula Watts (OK) Conyers Lipinski Spratt However, some do not accept that de- Costello Lofgren Stark Lazio Riggs Weldon (FL) Coyne Lowey Stokes Leach Roberts Weldon (PA) feat and are trying to sneak legislation Cramer Luther Studds Lewis (CA) Rogers Weller that limits the power of the office of Cummings Maloney Stupak Lewis (KY) Rohrabacher Whitfield the Comptroller of the Currency into Danner Manton Tanner Lightfoot Ros-Lehtinen Wicker DeFazio Markey Taylor (MS) Linder Roth Wolf this appropriations bill. DeLauro Martinez Tejeda Livingston Roukema Young (AK) I urge my colleagues to defeat this Dellums Mascara Thompson LoBiondo Royce Zeliff amendment. There have been no hear- Deutsch Matsui Thornton Longley Salmon Zimmer Lucas Sanford ings on this amendment. I did not hear Dicks McCarthy Thurman about it until just a few hours ago as in Dixon McHale Torres NOT VOTING—18 Doggett McKinney Torricelli the case with many other members of Dooley McNulty Towns Bereuter Goodling Meehan the Committee on Banking and Finan- Doyle Meek Traficant Berman Hall (OH) Miller (CA) cial Services. The Committee on Bank- Durbin Menendez Velazquez Browder Hayes Slaughter Edwards Millender- Vento de la Garza Lincoln White ing and Financial Services as a com- Engel McDonald Visclosky Ford McDade Wilson mittee of jurisdiction has met with all Eshoo Minge Volkmer Gephardt McDermott Young (FL) the parties interested in this legisla- Evans Mink Ward Farr Moakley Waters b 1249 tion, including banks and insurance groups. Fattah Mollohan Watt (NC) The Clerk announced the following Fazio Montgomery Waxman MODIFICATION OF AMENDMENT OFFERED BY MR. pair: Fields (LA) Moran Williams SOLOMON Filner Murtha Wise On this vote: Flake Nadler Woolsey Mr. SOLOMON. Mr. Chairman, I ask Foglietta Neal Wynn Mr. Berman for, with Mr. Bereuter against. unanimous consent to offer a modifica- Frank (MA) Oberstar Yates Mr. PETRI and Mr. GORDON tion. Frost Obey changed their vote from ‘‘aye’’ to ‘‘no.’’ The CHAIRMAN pro tempore. The Furse Olver Mrs. SCHROEDER changed her vote Clerk will report the modification: NOES—233 from ‘‘no’’ to ‘‘aye.’’ The Clerk read as follows: Allard Castle Ensign So the motion was rejected. Modification to amendment offered by Mr. Archer Chabot Everett The result of the vote was announced SOLOMON’s Modification Armey Chambliss Ewing as above recorded. In the proposed paragraph (2) after ‘‘engage Bachus Chenoweth Fawell in’’ ‘‘insurance’’. The CHAIRMAN pro tempore (Mr. Baker (CA) Christensen Fields (TX) The CHAIRMAN pro tempore. Is Baker (LA) Chrysler Flanagan LAHOOD). The gentleman from New there objection to request of the gen- Ballenger Clinger Foley York [Mr. SOLOMON] has 21⁄2 minutes re- Barr Coble Forbes maining, and the gentleman from New tleman from New York? Barrett (NE) Coburn Fowler Mr. LAFALCE. Mr. Chairman, I ob- York [Mr. LAFALCE], has 4 minutes re- Bartlett Collins (GA) Fox ject. Barton Combest Franks (CT) maining. Bass Cooley Franks (NJ) The CHAIRMAN pro tempore. Objec- Bateman Cox Frelinghuysen PARLIAMENTARY INQUIRY tion is heard. Bilbray Crane Frisa Mr. SOLOMON. Mr. Chairman, I have Mr. SOLOMON. Mr. Chairman, I re- Bilirakis Crapo Funderburk a parliamentary inquiry. serve the balance of my time. Bliley Cremeans Gallegly Blute Cubin Ganske The CHAIRMAN pro tempore. The PARLIAMENTARY INQUIRY Boehlert Cunningham Gekas gentleman will state it. Mr. LAFALCE. Mr. Chairman, I have Boehner Davis Gilchrest Mr. SOLOMON. Mr. Chairman, is it a parliamentary inquiry. Bonilla Deal Gillmor not true under the rule that the Chair Bono DeLay Gilman The CHAIRMAN pro tempore. The Brownback Diaz-Balart Gonzalez has the right to roll votes and that gentleman will state it. Bryant (TN) Dickey Goodlatte there probably will not be a vote for Mr. LAFALCE. Mr. Chairman, is the Bunning Dingell Gordon another hour on the floor? gentleman going to reserve the entire Burr Doolittle Goss 1 Burton Dornan Graham The CHAIRMAN pro tempore. The 2 ⁄2 minutes for one person in his clos- Buyer Dreier Greene (UT) Chair would advise all Members that ing argument, or are there going to be Callahan Duncan Greenwood recorded votes can be asked for but 5 individuals speaking subsequent? It is Calvert Dunn Gunderson then postponed to a subsequent time. my understanding that only one person Camp Ehlers Gutknecht Campbell Ehrlich Hall (TX) The gentleman from New York [Mr. could speak and close; is that correct? Canady English Hamilton SOLOMON] has 21⁄2 minutes remaining, If so, who would that person be? July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7691 Mr. SOLOMON. Mr. Chairman, if the cial Services. It does all of the Com- I understand the frustration, but this gentleman will yield, I will tell him mittee on Banking and Financial Serv- is the wrong answer. This amendment that we have three speakers at this ices’ members on this side of the aisle. should be defeated. time. And in conference we would move to do MODIFICATION TO AMENDMENT OFFERED BY MR. Mr. LAFALCE. Mr. Chairman, then if that if the gentleman continues to in- SOLOMON there are three speakers, I do not be- sist on his objection. Mr. SOLOMON. Mr. Chairman, I ask lieve that he can reserve all his time. Mr. Chairman, I yield 30 seconds to unanimous consent to offer a modifica- The CHAIRMAN pro tempore. The the gentleman from Massachusetts tion, which is at the desk, to solve the gentleman is not stating a parliamen- [Mr. MARKEY]. concerns of the previous speaker. tary inquiry. Mr. MARKEY. Mr. Chairman, I thank The CHAIRMAN pro tempore. The Mr. LAFALCE. Mr. Chairman, is it the gentleman from New York [Mr. Clerk will report the modification. permissible for somebody to say, all SOLOMON] very much for yielding this The Clerk read as follows: your speakers go first and then all my time to me. Modification to amendment offered by Mr. speakers will go last, or should there As my colleagues know, the OCC SOLOMON: In the proposed paragraph (2) after not be some rotation? That is why I takes the position that under the Na- ‘‘engage in’’ insert ‘‘insurance’’. said, while he has the right to close, he tional Bank Act that it will trump all The CHAIRMAN pro tempore. Is has the right to close with one speaker, existing State laws in terms of what there objection to the request of the not to have three Members speaking in consumer protections are given to gentleman from New York? closing. those who are dealing with banks that Mr. LAFALCE. Reserving the right to The CHAIRMAN pro tempore. The are now selling insurance. Meanwhile, object, Mr. Chairman, I earlier asked gentleman is correct. the insurance agents at the State level the gentleman from New York [Mr. Mr. LAFALCE. Mr. Chairman, I yield will still be under State law. So we SOLOMON] for a very simple request, the myself 1 minute and 30 seconds. have no guarantee, in other words, that right to debate this important issue Mr. Chairman, there are many rea- we will have that national body of law not for 10 minutes, but for 20 minutes. sons to oppose this amendment, both State by State which has been put on He objected to what I thought was a procedurally and substantively. Proce- the books in order to protect consum- most reasonable request. There are a durally, for the past year and a half ers. million and one imperfections with and for the past several decades, an at- We must support the Solomon this amendment that have been of- tempt has been made to work out the amendment to protect the consumers fered, but I would like to offer amend- controversy that has existed among of this country. ments, too. The unanimous consent of different financial services players. Mr. LAFALCE. Mr. Chairman, I yield yesterday would not have permitted The chairman of our committee has myself the balance of the time. any amendments, and now my col- The SPEAKER pro tempore (Mr. spent most of the past year and a half league simply wants one that he LAHOOD). The gentleman from New attempting to do that. thinks, as my colleagues know, would York is recognized for 11⁄2 minutes. This amendment, which did not come cosmetically improve it because of the Mr. LAFALCE. Mr. Chairman, this is to my attention until about an hour an anticonsumer amendment, this is an fact he will only offer the one amend- and a half or so ago, just wipes away antisafety and soundness amendment, ment, not countless others, because of all those efforts to accommodate these and that is why the administration op- the fact he objected to reasonable time competing concerns. It just sides with poses it so vigorous. for debate. one special interest group without de- I read from a letter dated today, July I must object to this now. liberation by the authorizing commit- 17, 1996, from the Secretary of the The CHAIRMAN pro tempore. Objec- tee, without notice to the Members, Treasury, Robert Rubin: tion is heard. Mr. SOLOMON. Mr. Chairman, I yield without notice to the groups whatso- I write to express in the strongest terms ever. It is in the worst tradition of this the Administration’s opposition to this pro- 1 minute to the gentleman from North Congress. It should be opposed, if for no posed amendment. Under this amendment Dakota [Mr. POMEROY], a very, very re- other reason than for procedural the OCC would not be able to continue its es- spected Member of this body from the grounds alone. sential function of overseeing the safety and other side of the aisle. Mr. BAKER of Louisiana. Mr. Chair- soundness of nearly 3,000 federally insured Mr. POMEROY. Mr. Chairman, I man, will the gentleman yield? national banks as well as administering anti- thank the gentleman for yielding this discrimination and fair lending laws applica- Mr. LAFALCE. I yield to the gen- time to me. ble to these institutions. If you are con- tleman from Louisiana. This question has been posed to the cerned about safety and soundness, if you are body in the debate as an issue between Mr. BAKER of Louisiana. Mr. Chair- concerned about our antidiscrimination man, my concern, beyond the proce- laws, if you are concerned about our fair banks and insurance. I see it quite dif- dural elements that have been referred lending laws, you must oppose this amend- ferently, and I think there are two to here just a moment ago, is the per- ment, as the Administration strongly op- driving issues at stake, legislative ver- ceived effect of the amendment as I poses it also. sus executive branch, Federal Govern- have read it. Mr. VENTO. Mr. Chairman, will the ment versus State government. First, Although I understand the author’s gentleman yield? legislative versus executive. intention is to only limit the appro- Mr. LAFALCE. Mr. Chairman, I yield We actually had a speaker on the priation of funds from a particular area the balance of the time to the gen- other side of the aisle saying that in by Treasury to the Comptroller with tleman from Minnesota. light of the inability of this body to re- regard to prohibition of new activities The SPEAKER pro tempore. The gen- solve this question, what the heck, let in insurance, the construction of the tleman from Minnesota [Mr. VENTO] is a Federal bureaucrat do it, let the Of- amendment, as I view it today, is to recognized for 30 seconds. fice of Comptroller of the Currency sin- prohibit any new product, regardless of Mr. VENTO. Mr. Chairman, this is gly decide what this body has been un- insurance or other wise, if it were not brought before us as a contest between able to resolve. otherwise permitted by July 16 of this the insurance agents and the banks. That is not the way for us to walk year. That was the reason for the unan- The truth of the matter is, of course, away from the critical policy issues be- imous consent request to modify. even if we could define the word insur- fore this country. This is a very con- ance, which is, of course, itself a monu- sequential policy issue. It must be de- b 1300 mental task today, we would not, in es- cided in the legislative branch. Mr. SOLOMON. I yield myself 15 sec- sence, limit. In fact, the States will Second, State versus Federal regula- onds just to say that the unanimous- continue to be able to bribe State insti- tion. consent request would have added the tutions with that particular power. If the OCC would decide it, it would world ‘‘insurance’’ would have brought And so the issue here goes well beyond, do so in a fashion preemptive of State it down to that specific issue, which in fact, in terms of limiting the very laws. I used to administer State law in should have satisfied the gentleman on activities that the Comptroller has to this area as the insurance Commis- the Committee on Banking and Finan- be able to accomplish. sioner from North Dakota and the H7692 CONGRESSIONAL RECORD — HOUSE July 17, 1996 president of the National Association Federal banking law would deprive consumers Page 4, line 14, strike ‘‘and of which’’ and of State Insurance commissioners. of the option of buying financial products from all that follows through line 19, and insert They deserve better than to be singly ‘‘$29,319,000.’’. banks. It also represents a very real threat to Page 20, line 23, strike ‘‘$1,616,379,000’’ and wiped out and preempted by the un- the competitiveness, and ultimately the viabil- insert ‘‘$1,722,985,000’’. checked action of the Office of Comp- ity, of our national banking system. If national The CHAIRMAN pro tempore. Pursu- troller of the Currency. The Office of banks are not allowed to provide the financial ant to the order of the House of Tues- the Comptroller of the Currency has services consumers demand in today's in- day, July 16, 1996, the gentlewoman made it clear that his intention is to creasingly sophisticated marketplace, they will from Connecticut [Mrs. JOHNSON] will go in this area. That is why this be unable to compete with other providers. be recognized for 5 minutes, and a amendment is so important. This inability to compete would ultimately en- Member in opposition will be recog- Mr. SOLOMON. Mr. Chairman, I yield danger the safety and soundness of our bank- nized for 5 minutes. myself such time as I may consume. ing system. The earnings of national banks The Chair recognizes the gentle- Mr. Chairman, I am sorry we have would decline, they would find it increasingly woman from Connecticut [Mrs. JOHN- taken up so much time on this issue. difficult to attract and maintain capital. To the SON]. On behalf of the gentleman from Michi- degree our banks are weakened, taxpayers Mrs. JOHNSON of Connecticut. Mr. gan [Mr. DINGELL] and myself, we are potentially at risk. Chairman, I yield myself such time as would urge a ‘‘yes’’ vote on this amend- Therefore, it is in the interest not only of I may consume. ment. This is a States’ rights issue. We every consumer of financial services in this This amendment strikes language in want to protect the rights of States. country, but of every taxpayer, to make sure title I of the bill which creates a joint We want to be able to move other bank that our national banks are able to compete account between the Department of the regulatory relief legislation later on fully in today's marketplace by offering the fi- Treasury and the Internal Revenue that is going to give badly needed relief nancial products consumers demand. Insur- Service to fund the internal audit in- to the banking institutions. It ought to ance products are a vital part of the financial vestigation functions of the IRS and be concentrating on the lending con- products which all banks, including national requires the IRS inspector to report to cepts as opposed to getting into other banks, offer to consumers. the deputy Secretary of the Treasury areas. I would urge support of the I am confident that Congress will not allow rather than to the IRS commissioner. amendment. our national banking system to be put at risk The $106,606,000 in funding that the bill Mr. LAFALCE. Mr. Chairman, this amend- by those interests demanding legislation to provides for IRS internal audit func- ment seeks to terminate all funding for the Of- protect them from competition. I urge a vote tions would instead remain in the IRS fice of Comptroller of the Currency [OCC] if against this amendment. processing assistance and management the OCC permits national banks to engage in Mrs. KENNELLY. Mr. Chairman, I rise in account. any type of new activity, or if proposed revi- strong support of the Solomon amendment to My understanding is that this provi- sions to OCC regulations are finalized. This prohibit the expenditure of funds by the Con- sion was included in the bill in re- amendment represents an effort by some in troller of the Currency to further expand bank sponse to concerns that the IRS inspec- the Republican leadership to achieve through powers. tor is subject to too much control by an appropriations bill what they have failed to This body has labored for years to rewrite the IRS commissioner. It was intended achieve through the normal legislative proc- the ground rules that govern financial services to give the inspector more autonomy ess. And there are very good reasons why all in the Nation. And anyone that has been in- and independence. previous efforts to restrict the current authority volved would agree that it is a minefield. However, the Committee on Ways of the Comptroller of the Currency have failed. Chairman LEACH has spent hundreds of hours and Means is very concerned that this This amendment should be seen as an ef- on this effort. provision would actually impair rather fort by some Members of Congress to meet The Solomon amendment would simply pro- than enhance the effectiveness of the the demands of certain groups who want pro- hibit the Controller of the Currency from taking inspector’s internal audit investigation tection from the competitive forces of the fi- matters into his own hands and rewriting the functions and increases the risk of po- nancial services marketplace. Because na- rules in secrecy and without the benefit of liticizing the inspection service. We be- tional banks sell insuranceÐin competition public comment or scrutiny. lieve that the present management with the insurance industryÐsome insurance Support the Solomon amendment. structure for the inspector should be interests see national banks as a threat and Mr. Chairman, I yield back the bal- retained, and I urge support of my want to restrict their activities and thereby ance of my time. amendment. lessen competition. The CHAIRMAN pro tempore. The Mr. LIGHTFOOT. Mr. Chairman, will To achieve their aim, insurance interests are question is on the amendment offered the gentlewoman yield? asking Members of Congress to cut off fund- by the gentleman from New York [Mr. Mrs. JOHNSON of Connecticut. I ing for the OCC when it exercises its authority SOLOMON]. yield to the gentleman from Iowa. under existing law. This would have the direct The question was taken; and the Mr. LIGHTFOOT. Mr. Chairman, I effect of terminating the OCC's authority under Chairman pro tempore announced that rise in support of the gentlewoman’s existing law to authorize powers for national the ayes appeared to have it. amendment. The committee’s rec- banks that are incidental to banking. This Mr. LAFALCE. Mr. Chairman, I de- ommendation to move IRS’s internal would be likely to severely impact the ability of mand a recorded vote. audit functions from the IRS and national banks to sell insurance, which has The CHAIRMAN. Pursuant to House Treasury Department was not meant in become an important part of their business. Resolution 475, further proceedings on any way to imply lack of confidence in As the regulator of national banks, the re- the amendment offered by the gen- the work that this important group sponsibility of the Comptroller of the Currency tleman from New York [Mr. SOLOMON] does. Instead the recommendation re- is to supervise national banks, and to interpret will be postponed. flects our very serious concern that the Federal law affecting national banks. And that Are there further amendments? IRS top management has been ignoring is exactly what the OCC is doing when it au- AMENDMENT OFFERED BY MRS. JOHNSON OF many of the reports that these good thorizes various activities for national banks CONNECTICUT people have been putting together, and that are deemed under the National Banking Mrs. JOHNSON of Connecticut. Mr. the whole purpose of the internal in- Act to be incidental to the business of bank- Chairman, I offer an amendment. vestigation within any agency, IRS in ing. Federal banking law wisely anticipated The CHAIRMAN. The clerk will des- particular, is to identify problems and that the banking regulators would need flexibil- ignate the amendment. to fix them. That is why we have an IG. ity to expand the permissible activities of na- The text of the amendment is as fol- It is just that simple. tional banks in order to respond to develop- lows: Unfortunately, we have received evi- ments in the financial services marketplace. Amendment offered by Mrs. JOHNSON of dence that would lead us to believe Without such flexibility for the OCC to interpret Connecticut: that the reports, particularly as they Page 4, beginning on line 1, strike ‘‘AND IN- existing law, national banks would be held in pertain to TSM, or tax system mod- TERNAL AUDIT OF THE INTERNAL REVENUE ernization, and other IRS operations, a static state, unable to respond to new SERVICE’’. consumer demands. Page 4, line 5, strike ‘‘and the internal’’ have been basically ignored. We are ex- This effort to terminate the existing authority and all that follows through ‘‘Inspector Gen- tremely concerned that the IRS’s in- of the Comptroller of the Currency to interpret eral’’ on line 8. ternal investigations have not had July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7693 their effective power that they should chapter and the same verse on this the beginning of such fiscal year or a joint have and that their effectiveness has issue, and I congratulate her for her resolution making continuing appropriations been diminished because of decisions hard work and focus on this issue be- is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise made by top management basically to cause I think the taxpayers will be ben- appropriated, and out of applicable corporate ignore the reports. efited by it, and I thank her for her ef- or other revenues, receipts, and funds, such So what we are trying to do was to, forts. sums as may be necessary to continue any in our proposal, move the group over to Mrs. JOHNSON of Connecticut. Mr. project or activity for which funds were pro- main Treasury, is simply an attempt to Chairman, I thank the gentleman from vided in the preceding fiscal year— put some openness and some account- Maryland [Mr. HOYER] very much for ‘‘(A) in the corresponding regular appro- ability into the process. priation Act for such preceding fiscal year; those kind remarks. or Now, that is why we did it. The CHAIRMAN. The time of the ‘‘(B) if the corresponding regular appro- Mrs. JOHNSON of Connecticut. We gentlewoman from Connecticut [Mrs. priation bill for such preceding fiscal year did run into the same problem with the JOHNSON] has expired. did not become law, then in a joint resolu- taxpayer service representatives and Is there a Member who wishes to tion making continuing appropriations for felt that they were saying about prob- take time in opposition to the amend- such preceding fiscal year. lems that the taxpayers were having ‘‘(2) Appropriations and funds made avail- ment? able, and authority granted, for a project or with the IRS was not getting to us, and Mr. HOYER. Mr. Chairman, I ask activity for any fiscal year pursuant to this so we did add provisions in the tax- unanimous consent that I control the 5 section shall be at a rate of operations not in payers bill of rights to require direct minutes in opposition to the amend- excess of the lower of— reporting, and between now and con- ment offered by the gentlewoman from ‘‘(A) the rate of operations provided for in ference we need to look at that mecha- Connecticut [Mrs. JOHNSON]. the regular appropriation Act providing for nism. We have not been able to sort of such project or activity for the preceding fis- The CHAIRMAN. Is there objection cal year, clear that under the short timeframe to the request of the gentleman from ‘‘(B) in the absence of such an Act, the rate we have been working on because of Maryland? of operations provided for such project or ac- the nature of the inspector general’s There was no objection. tivity pursuant to a joint resolution making work and the police powers involved Mr. HOYER. Mr. Chairman, I yield continuing appropriations for such preceding and so on and so forth, but we do need such time as she may consume to the fiscal year, ‘‘(C) the rate of operations provided for in to assure that that information does gentlewoman from Connecticut [Mrs. the House or Senate passed appropriation get to the committees of oversight so JOHNSON]. bill for the fiscal year in question, except that we can be certain that the agency Mrs. JOHNSON of Connecticut. Mr. that the lower of these two versions shall be is responding appropriately. Chairman, I only need about 30 sec- ignored for any project or activity for which Mr. LIGHTFOOT. Having heard the onds, and other people have been wait- there is a budget request if no funding is pro- gentlewoman’s concerns, and it is obvi- ing a long time to pose their amend- vided for that project or activity in either ous we are on the same song sheet, ments, too, but I do want to say that I version. ‘‘(D) the rate provided in the budget sub- maybe saying it in a different verse, am very pleased that the subcommittee mission of the President under section but nevertheless for the IG to be effec- has listened carefully to our experi- 1105(a) of title 31, United States Code, for the tive those reports have to be read, they ence, and by sharing our knowledge of fiscal year in question, or have to be understood, and they have the agency I think we are going to ‘‘(E) the annualized rate of operations pro- to be implemented, and that is the have a very, very strong bill out of con- vided for in the most recently enacted joint message we were trying to send to IRS, ference, and I appreciate the work that resolution making continuing appropriations for part of that fiscal year. and I am very pleased that Ways and the subcommittee has done in looking ‘‘(3) Appropriations and funds made avail- Means has similar concerns. at the major issues that concern us all able, and authority granted, for any fiscal As a result, I am going to urge people like the implementation of TSM. year pursuant to this section for a project or to support the gentlewoman’s amend- Mr. HOYER. Mr. Chairman, I again activity shall be available for the period be- ment. But I think we want to put ev- congratulate the gentlewoman from ginning with the first day of a lapse in ap- erybody on notice that we are going to Connecticut, and I want to tell her how propriations and ending with the earlier of— watch this, we are going to continue to ‘‘(A) the date on which the applicable regu- enthusiastic I am about her optimism lar appropriation bill for such fiscal year be- monitor, and no more will we have IG about the strength of this bill as it comes law (whether or not such law provides reports go into the round file 13. People emerges from conference and to tell for such project or activity) or a continuing are going to act on them as they her how much I look forward to work- resolution making appropriations becomes should. That is why we are paying peo- ing with her to accomplish that end. law, as the case may be, or ple to do that kind of work, and that is ‘‘(B) the last day of such fiscal year. b 1315 what they are there for. The IG has ‘‘(b) An appropriation or funds made avail- able, or authority granted, for a project or been doing a good job. The reports have The CHAIRMAN. All time has ex- pired. activity for any fiscal year pursuant to this just been ignored. section shall be subject to the terms and Mr. HOYER. Mr. Chairman, will the The question is on the amendment conditions imposed with respect to the ap- gentlewoman yield? offered by the gentlewoman from Con- propriation made or funds made available for Mrs. JOHNSON of Connecticut. I necticut [Mrs. JOHNSON]. the preceding fiscal year, or authority grant- yield to the gentleman from Maryland. The amendment was agreed to. ed for such project or activity under current Mr. HOYER. Mr. Chairman, I thank The CHAIRMAN. Are there further law. the gentlewoman for yielding, and I amendments to the bill? ‘‘(c) Appropriations and funds made avail- able, and authority granted, for any project rise in strong support of her amend- AMENDMENT OFFERED BY MR. GEKAS or activity for any fiscal year pursuant to ment, but more than that, Mr. Chair- Mr. GEKAS. Mr. Chairman, I offer an this section shall cover all obligations or ex- man, I rise to commend the gentle- amendment. penditures incurred for such project or activ- woman, who is the Chair of the over- The CHAIRMAN. The Clerk will des- ity during the portion of such fiscal year for sight committee. She, and, I might say, ignate the amendment. which this section applies to such project or her staff as well, have done extraor- The text of the amendment is as fol- activity. dinarily hard work on reviewing what ‘‘(d) Expenditures made for a project or ac- lows: tivity for any fiscal year pursuant to this is a large, critical agency in our Gov- Amendment offered by Mr. GEKAS: Page section shall be charged to the applicable ap- ernment to insure that the taxpayers’ 119, after line 8, add the following new title: propriation, fund, or authorization whenever money is being spent well, that the ob- TITLE VIII—AUTOMATIC CONTINUING a regular appropriation bill or a joint resolu- jectives issued by the Committee on RESOLUTION tion making continuing appropriations until Ways and Means, passed by this Con- SEC. 801. (a) Chapter 13 of title 31, United the end of a fiscal year providing for such gress and supported by this sub- States Code, is amended by inserting after project or activity for such period becomes section 1301 the following new section: law. committee, the Committee on Appro- ‘‘(e) No appropriation is made by this sec- priations, are in fact carried out, and ‘‘§ 1311. Continuing appropriations tion for a fiscal year for any project or activ- she and I are speaking not only from ‘‘(a)(1) If any regular appropriation bill for ity for which there is no authorization of ap- the same hymnal, but from the same a fiscal year does not become law prior to propriations for such fiscal year. H7694 CONGRESSIONAL RECORD — HOUSE July 17, 1996 ‘‘(f) This section shall not apply to a What it would do is simply allow that government would shutdown, my bill would project or activity during a fiscal year if any if, at the end of a fiscal year, Septem- keep the government open and provide a other provision of law (other than an author- ber 30, no budget has been passed, or very low level of funding by which oper- ization of appropriations)— any 1 of the 13 appropriations bills has ations would continue. I have tried to care- ‘‘(1) makes an appropriation, makes funds fully craft this bill to provide for such a low available, or grants authority for such not been passed, then automatically, level of funding that the White House and project or activity to continue for such pe- by way of instant replay, the next day, the appropriators would have reason to con- riod, or October 1, there would go into effect tinue negotiating. I have also allowed a Con- ‘‘(2) specifically provides that no appro- last year’s appropriations or the House tinuing Resolution to supersede my safety priation shall be made, no funds shall be bill, the House version recently passed, net. Therefore, if the Budget negotiators made available, or no authority shall be or the Senate version passed, or the want to craft their own spending formula, granted for such project or activity to con- President’s budget proposal in that they can. tinue for such period. particular item. Whichever is the low- The true beauty in this legislation is that ‘‘(g) For purposes of this section, the term it shifts the negotiating power from the sta- ‘regular appropriation bill’ means any an- est figure would go automatically into tus quo to reduced funding levels. Under the nual appropriation bill making appropria- effect; hence, no shutdown forever. current system the individual who is trying tions, otherwise making funds available, or And if a CR is passed, then the same to cut funding has an uphill battle. With my granting authority, for any of the following thing would happen at the end of that legislation in place, lower funding levels categories of projects and activities: CR period. The temporary funding that would automatically occur if we do nothing. ‘‘(1) Agriculture, rural development, and would end at x date would, if no new Those fighting to keep money will have to related agencies programs. CR is produced, result in an instant re- enact legislation. As we saw as part of the ‘‘(2) The Departments of Commerce, Jus- fiscal year ’96 Budget cycle, those of us who tice, and State, the judiciary, and related play of that CR. Do Members not see the beauty of it, were trying to cut funding had an uphill bat- agencies. tle to pass legislation. I believe that my leg- ‘‘(3) The Department of Defense. that it means we never have to face the islation will help shift this balance of power ‘‘(4) The government of the District of Co- RIFing of employees, unpaid hours on and aid in the effort to balance the budget. lumbia and other activities chargeable in Capitol Hill, disgust by the public, the While you are considering ways to save whole or in part against the revenues of the whole host of dilemmas and problems taxpayer dollars, balance the budget and re- District. we face when a Government shutdown form the budget process, I hope you will keep ‘‘(5) The Department of Labor, Health and this problem and my legislation in mind. Human Services, and Education, and related is before us? This is a proposal whose time has really come. When I leave this Chairman Kasich, members of the commit- agencies. tee, I thank you for your time and attention. ‘‘(6) The Department of Housing and Urban Congress I am going to write a called Development, and sundry independent agen- ‘‘Miracle on Capitol Hill,’’ and it will Mr. HOYER. Mr. Chairman, will the cies, boards, commissions, corporations, and be 55 pages devoted to this. gentleman yield? offices. Mr. Chairman, I submit for the RECORD a Mr. GEKAS. I yield to the gentleman ‘‘(7) Energy and water development. copy of my testimony before the House Budg- from Maryland. ‘‘(8) Foreign assistance and related pro- et Committee as an extension of remarks to Mr. HOYER. Mr. Chairman, I thank grams. the gentleman for yielding to me. I ‘‘(9) The Department of the Interior and re- further explain the amendment I propose to lated agencies. H.R. 3756, the Treasury, Postal Service, gen- would just briefly say that the chair- ‘‘(10) Military construction. eral government appropriations bill. man is correct in his point of order. I ‘‘(11) The Department of Transportation On September 19, 1995 this committee am glad that he reserved it. and related agencies. joined with its Senate counterpart and held I rise to say that the gentleman’s ob- ‘‘(12) The Treasury Department, the U.S. a hearing on ‘‘The Effects of a Potential jective is one that I strongly support. I Postal Service, the Executive Office of the Government Shutdown’’. I was not permitted lamented last year’s policy to shut President, and certain independent agencies. to testify at that hearing; however, Senator down the Government and the con- ‘‘(13) The legislative branch.’’. Snowe submitted my testimony for the (b) The analysis of chapter 13 of title 31, sequences that it had. I think the gen- record. I come before you today to further tleman’s effort to preclude that from United States Code, is amended by inserting discuss this issue. after the item relating to section 1310 the You may be wondering how this relates to happening again is a very positive one following new item: the stated objective of this hearing. Simply for every American, not just the Fed- ‘‘1311. Continuing appropriations.’’. put, I come before you with a suggestion of eral employees or the Federal Govern- The amendments made by this title shall how to save taxpayer dollars. I come before ment. I thank him for his efforts. apply with respect to fiscal years beginning you to point out a very blatant form of Mr. WOLF. Mr. Chairman, will the after September 30, 1996. waste: the government shutdown. A June ’91 gentleman yield? GAO report estimated that a 3-day work- Mr. GEKAS. I yield to the gentleman Mr. LIGHTFOOT. Mr. Chairman, I re- week shutdown could cost as much as $607 serve a point of order against the million dollars. In fact, Republican National from Virginia. amendment because it proposes to Committee used this figure to point out the Mr. WOLF. Mr. Chairman, I rise in change existing law and constitutes waste President Clinton committed by strong support of this. In fact, to speak legislation on an appropriations bill. vetoing the appropriations bills Congress to my side of the aisle, this would be The CHAIRMAN. Pursuant to the sent him. one of the better things we could do. It order of the House of Tuesday, July 16, As you set out to craft a balanced budget is not uncommon for us to put legisla- 1996, the gentleman from Pennsylvania to insure the economic health of this coun- tion on an appropriations bill. This try, you have my complete support and ad- would be very important to institu- [Mr. GEKAS] will be recognized for 5 miration. But before we cut someone else’s minutes on his amendment and a Mem- wasteful spending, we must look at our own! tionalize this. ber opposed will be recognized for 5 We took great strides in controlling Congres- The gentleman from Pennsylvania minutes. sional spending during the fiscal year ’96 [Mr. GEKAS] is exactly accurate. I have The Chair recognizes the gentleman budget cycle by cutting committee staff and been a cosponsor of his bill and a sup- from Pennsylvania [Mr. GEKAS]. passing a Legislative Branch Appropriations porter of it over many years. I would Mr. GEKAS. Mr. Chairman, the pur- bill that helped move us toward a balanced hope maybe something could be done, pose of my bill is to bring about a mir- budget. I applaud these efforts and support because had this been in effect last them. But these cuts are not enough! acle on Capitol Hill; that is, if imple- If the Federal government, more specifi- year, we would never have shut the mented, we will end Government shut- cally, the Executive and Legislative branch, Government down. It is a good bill, it downs forever. Is that a miracle or is it cannot do the responsible thing and com- is a good idea, and it is a time whose not, in view of what has happened in plete appropriation bills on time, taxpayer idea has come, not in the next Con- the recent past and in the past on dollars should not be wasted. I have crafted gress, but quite frankly in this Con- many of the budget items that have a solution to this problem, a piece of legisla- gress. come before us? tion I call ‘‘Instant Replay’’. I come before Mr. GEKAS. Mr. Chairman, I would We have not been able to seize the you today to implore you to support my leg- remind the gentleman and all the islation and end the threat of a government opportunity that I have been trying to shutdown and the waste it causes. Members that the shutdowns that oc- present before the Committee on Rules The solution I have devised to this problem curred before during the Democrat- and before this body in various ways, a is an automatic continuing resolution which controlled Congress had the same ef- means to end Government shutdowns. acts as a safety net. At any time when the fect, but they were not as prolonged as July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7695 some of the shutdowns we had this par- the instant bill. All it does, in its best Mr. WOLF. Mr. Chairman, this is a ticular time. What I am trying to say sense, is on a day that the appropria- noncontroversial amendment which is that I have presented this proposal tions cycle has ended by reason of fail- would allow the U.S. Agency for Inter- to the Democrat-ruled Committee on ure to enact a new budget, that those national Development to offer involun- Rules and to the Republican-ruled appropriations embodied in this bill tary separation payments to its em- Committee on Rules. We have not had simply continue in their life. ployees in the remaining part of fiscal an opportunity to debate it on the Mr. Chairman, we have seen some year 1996 and fiscal year 1997 to assist floor. The time has come. precedents, if the Chair pleases, to the with its restructuring program. The Mrs. MORELLA. Mr. Chairman, will effect that if a project or an activity is amendment has been cleared by the the gentleman yield? simply continued, that is not legislat- Subcommittee on Foreign Operations Mr. GEKAS. I yield to the gentle- ing anew on an appropriations bill. of the Committee on Appropriations, woman from Maryland. Therefore, I ask that the Chair rule the Subcommittee on Civil Service of Mrs. MORELLA. Mr. Chairman, I that this is simply a mechanism for the Committee on Government Reform also am a cosponsor of this legislation. continuing the efficacy and the vitality and Oversight, the minority, including It is very important. Let us remember of the underlying bill, not new legisla- the gentleman from Maryland [Mr. what Santayana said: ‘‘Those who do tion on a new purpose or new project or HOYER] and the gentleman from Louisi- not remember the past are doomed to new activity. Nothing of the sort. ana [Mr. LIVINGSTON]. It is non- repeat it.’’ The CHAIRMAN. The Chair is pre- controversial. I urge its adoption. Having had these major shutdowns of pared to rule. The gentleman from Mr. Chairman, this noncontroversial and bi- Government, let us not repeat it. Let Iowa [Mr. LIGHTFOOT] makes a point of partisan amendment would allow the U.S. us remember who is being victimized: order that the amendment offered by Agency for International Development to offer the Federal employees, the contrac- the gentleman from Pennsylvania [Mr. voluntary separation incentive payments to its tors, and all of the public who are de- GEKAS] violates clause 2 of rule XXI by employees in the remaining part of fiscal year nied services because those on both legislating on a general appropriations 1996 and fiscal year 1997 to assist with its re- sides of Pennsylvania Avenue cannot bill. structuring program. come together on what they were elect- The amendment offered by the gen- This amendment has been cleared by the ed to do; namely, come out with a tleman from Pennsylvania amends Foreign Operations Appropriations Sub- budget. We must not have this victim- title XXXI of the United States Code to committee, the Civil Service subcommittee, ization. This is an excellent amend- provide for an automatic continuing the minority, including Mr. HOYER and Mr. LIV- ment. I commend the gentleman for it. resolution in the event a regular appro- INGSTON. I wholeheartedly support it. priation bill fails to be enacted for any It is a noncontroversial amendment and I The CHAIRMAN. Is there a Member fiscal year. As stated by the gentleman urge its adoption. who seeks time in opposition? from Pennsylvania, this amendment Mr. Chairman, this noncontroversial and bi- If not, does the gentleman from Iowa was introduced as a bill last year and partisan amendment pending before the com- [Mr. LIGHTFOOT] insist on his point of referred to the Committee on Appro- mittee would provide limited, short-term buyout order? priations. The legislative jurisdiction authority for the U.S. Agency for International of the Committee on Appropriations to Development [USAID] to ameliorate the results POINT OF ORDER of its ongoing reduction in force [RIF]. This is Mr. LIGHTFOOT. Mr. Chairman, I in- report this matter to the House as a bill does not impair the application of a good government amendment, it is good for sist on my point of order. the dedicated Federal employees at USAID, Mr. Chairman, I too would like a mir- clause 2(c) of rule XXI, which prohibits amendments changing existing law to and it should become law. acle on Capitol Hill, to finish this bill During the last 3 years, USAID has reduced before the Social Security trust fund general appropriation bills. The point of order is sustained, and its U.S. direct-hire staff by 18 percent, the goes broke. third highest percentage in the Federal Gov- Mr. Chairman, I make a point of the amendment is not in order. Are there further amendments? ernment. This reduction has been accom- order against the amendment because plished through attrition. However, to further it proposes to change existing law, con- AMENDMENT OFFERED BY MR. WOLF Mr. WOLF. Mr. Chairman, I offer an reduce its staff by 320 by the end of this fiscal stitutes legislation on an appropriation year, USAID will have to involuntarily separate bill, and therefore violates clause 2 of amendment. The CHAIRMAN. The Clerk will des- 200 employees through a RIF. RIF's are de- rule XXI. ignate the amendment. moralizing to employees and are often a costly The rule states, in pertinent part: The text of the amendment is as fol- and inefficient way to reduce the size of an ‘‘No amendment to a general appro- lows: agency's work force. That is why this buyout priation bill shall be in order if chang- Amendment offered by Mr. WOLF: in title authority is so important. ing existing law.’’ On the face of it, the V, insert the following section: Mr. Chairman, I urge all Members to support amendment proposes to make perma- SEC. 525A. VOLUNTARY SEPARATION INCENTIVES this important amendment. nent changes to chapter 13 of title FOR EMPLOYEES OF THE UNITED Mr. LIGHTFOOT. Mr. Chairman, will XXXI of the United States Code. There- STATES AGENCY FOR INTER- the gentleman yield? fore, it is legislation on an appropria- NATIONAL DEVELOPMENT. Mr. WOLF. I yield to the gentleman (a) AUTHORITY.—The United States Agency tions bill. I ask for a ruling from the for International Development is authorized from Iowa. Chair. to offer voluntary separation incentive pay- Mr. LIGHTFOOT. Mr. Chairman, we The CHAIRMAN. Does the gentleman ments to more than 100 of its employees in are prepared to accept the amendment. from Pennsylvania [Mr. GEKAS] wish to accordance with section 525 of this Act. It adds the Agency for International be heard in opposition to the point of (b) EXCEPTION.—Section 525(a)(2)(A) of this Development to the three agencies eli- order? Act shall not apply to an employee of the gible for buyouts under the bill. Mr. GEKAS. Yes, Mr. Chairman. United States Agency for International De- I would like to point out this is a sig- The CHAIRMAN. The gentleman velopment who, upon separation and applica- nificant extension of the buyout au- from Pennsylvania is recognized. tion, would be eligible for an immediate an- nuity under sections 8336(d)(2) and thority contained in the bill. When Mr. GEKAS. Mr. Chairman, it is leg- 8414(b)(1)(B) of title 5, United States Code. Congress last gave the administration islation that I offered. There is no (c) EFFECTIVE DATE.—This section shall buyout authority in 1994, the adminis- question about it, we all agree on that. take effect on the date of enactment of this tration did not use it carefully, and al- What does it do to the current bill that Act. lowed agencies to use buyouts without is before us, which is an appropriations The CHAIRMAN. Pursuant to the tying them to a careful restructuring bill? It simply renews the ongoing order of the House of Tuesday, July 16, plan. The result was, in some in- projects and appropriations and activi- 1996, the gentleman from Virginia [Mr. stances, that agencies offered buyouts ties that are embodied in this bill. It WOLF] will be recognized for 5 minutes, to employees, then just turned around just serves to continue them. It does and a Member in opposition will be rec- and hired someone else for that posi- not bring in new forms of spending or ognized for 5 minutes. tion. new programs, or in any way impinge The Chair recognizes the gentleman Our response this year on buyouts is upon the vitality of and the purpose of from Virginia [Mr. WOLF]. to target them very carefully to allow H7696 CONGRESSIONAL RECORD — HOUSE July 17, 1996 them only in instances in which we therefore rise in support of the amend- Mr. Chairman, in 1994, the Federal know that they are absolutely needed. ment. Workforce Restructuring Act provided It is easier to do for those agencies The CHAIRMAN. All time has ex- Federal civilian agencies with the au- under our jurisdiction, such as IRS, pired. thority to offer voluntary separation Customs, and ATF. For that reason, I The question is on the amendment incentives for a 1-year period that am hesitant to include an agency out- offered by the gentleman from Virginia ended March 31, 1995. These incentives side of our jurisdiction, but having said [Mr. WOLF]. helped to avoid involuntary separa- that, and having talked with the gen- The amendment was agreed to. tions and eased the number of RIF’s tleman and others, we will accept the The CHAIRMAN. Are there further necessary to meet the downsizing goal amendment. The gentleman believes amendments to the bill? of 272,000 FTE’s. that authority will not be abused by AMENDMENT OFFERED BY MR. HOYER The buyouts contained in this legis- AID. Mr. HOYER. Mr Chairman, I offer an lation are particularly important be- Mr. WOLF. Mr. Chairman, I thank amendment. cause they are targeted to the IRS, the gentleman very much. The CHAIRMAN. The Clerk will des- BATF, and the U.S. Customs Service. Mrs. MORELLA. Mr. Chairman, will ignate the amendment. Each face imminent FTE reductions, the gentleman yield? The text of the amendment is as fol- and this buyout authority will help Mr. WOLF. I yield to the gentle- lows: ease the pain and avoid chaos. They woman from Maryland. Amendment offered by Mr. HOYER: Page 79, have been carefully planned and re- Mrs. MORELLA. Mr. Chairman, I line 4, strike ‘‘February 1, 1997’’ and insert viewed; the director of the Office of just want to add my very strong sup- ‘‘March 31, 1997’’. Management and Budget must approve port. I want to thank the chairman of The CHAIRMAN. The gentleman each plan, and the plan approval will the subcommittee for accepting this from Maryland [Mr. HOYER] will be rec- ensure that any separation incentive is amendment that is so critically impor- ognized for 5 minutes and a Member in appropriately targeted within the tant, because to do otherwise, 200 peo- opposition will be recognized for 5 min- agency. An agency’s FTE number will ple would be RIFed from the Agency utes. be reduced by one for each employee of for International Development. I salute The Chair recognizes the gentleman the agency who receives an incentive. the offeror of the amendment and the from Maryland [Mr. HOYER]. I applaud the Appropriations Com- acceptor of the amendment. (Mr. HOYER asked and was given mittee for including buyout authority Mr. HOYER. Mr. Chairman, I ask permission to revise and extend his re- in this bill, but I worry that one quar- unanimous consent to claim the time marks.) ter is not enough. The last round lasted in opposition to the amendment, not- Mr. HOYER. Mr. Chairman, this is an a full year. This amendment would withstanding my support of it. amendment similar to that of the gen- simply extend the time by one quar- The CHAIRMAN. Is there objection tleman from Virginia [Mr. WOLF] in ter—from February 1, 1997 to March 31, to the request of the gentleman from that it extends buyouts by 60 days, and 1997—so that agencies and employees Maryland? that is all it does, the time in which can make informed decisions and fully There was no objection. the agencies would have to affect the explore their options as they leave pub- The CHAIRMAN. The gentleman buyout. lic service. It is also critical that we from Maryland [Mr. HOYER] is recog- Mr. Chairman, I believe the chairman allow retirement-eligible employees to nized for 5 minutes. of the committee is in agreement with take the buyouts. These employees are Mr. HOYER. Mr. Chairman, I rise in this, and I believe that the chairman of often the most willing to take buyouts, support of this amendment. I appre- the subcommittee is not in opposition and precluding agencies from allowing ciate the support of the amendment by to this, as well. them to use buyouts does not make the gentleman from Iowa [Mr. LIGHT- Mr. LIGHTFOOT. Mr. Chairman, will strategic sense in targeted downsizing. FOOT] as well. The gentleman from Vir- the gentleman yield? I urge my colleagues to join me in sup- ginia [Mr. WOLF] and I and others have Mr. HOYER. I yield to the gentleman porting the Hoyer amendment. worked very hard to make sure that as from Iowa. we reduce the size of the Federal Gov- Mr. HOYER. Mr. Chairman, I rise to offer an Mr. LIGHTFOOT. Mr. Chairman, the amendment that would change the deadline ernment, which is a consensus, we have gentleman is correct. We have some all agreed on that, and in fact as I said by which Federal employee buyouts provided concern that by extending the buyouts in this bill must be taken from February 1, last night, the Federal Government is by 2 months, it gives a sense of false se- now and will be at the end of this year 1997 to March 31, 1997. curity to the people that are there. The I understand that this amendment is accept- the smallest it has been since the Pres- more an agency waits to complete a idency of John Kennedy, smaller than able to the chairman whom I want to com- buyout, the more it costs, and the mend for including buyout authority for three either under Presidents Reagan or more it costs, the less money the agen- Bush, and that is a direction we have agencies: the IRS, ATF, and the Customs cy has and the more it needs to Service. decided on together as a Congress to downsize. But we are optimistic we can There is no dispute that, when an agency is pursue with the administration. In address this concern. going to downsize beyond normal attrition, fact, the administration proposed that We have had discussions with the buyouts are a fair and cost effective alter- procedure and objective and has sup- gentleman from Maryland [Mr. HOYER] native to involuntary reductions in force. ported it. We are going to reduce some and the gentleman from Florida [Mr. They are also more reasonable for the Fed- 275,000 employees; perhaps even more MICA], I believe, is also on board at this eral workers who are innocent victims of the with the budget cuts that have oc- point in time, so I believe we are all in budget battles here in Congress. curred. concert. With the blessings of the au- In that process, as employers, we thorizing committee as well as ours, I Buyouts offer managers flexibility to decide ought to make that reduction in as am prepared to accept the amendment. who can be spared from what departments in sensitive, humane, and managerially contrast to RIF's which often cause the loss of sound way as possible. Buyouts do b 1330 the bright young people who represent the fu- that, and that is why I support them. Mr. HOYER. Mr. Chairman, I yield 2 ture of the organization. In fact, the GAO has pointed out that minutes to the gentlewoman from In a May 1996 report, the General Account- buyouts are cheaper than RIF’s, be- Maryland [Mrs. MORELLA]. ing Office found that the 5-year savings from cause the RIF requirements impose Mrs. MORELLA. Mr. Chairman, I buyouts generally exceed those from RIF's ex- certain costs which exceed the costs of thank the gentleman for yielding me cept in the occasional case where RIF's are the buyout. As a result of that, I think this time. Again I thank the chairman done without allowing employees to bump oth- this is a wise policy from the tax- of the subcommittee also for the ac- ers with less tenure. payers’ standpoint, and policy consist- knowledgment we have had that he GAO noted that when senior RIF'ed employ- ent with the morale of those who carry will accept what I consider to be a very ees can bump lower level employees, using a out the duties assigned to them by the important amendment offered by the buyout instead of a RIF typically saves an ad- Government and by us. Therefore, I gentleman from Maryland. ditional $60,000 over 5 years. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7697 More than 112,000 buyouts have been paid submitted for the unanimous-consent Act, the Secretary shall pay to the in- Governmentwide since 1993Ðsaving the tax- request. I appeal to the Chair on that dividual an amount equal to legal fees payers millions and millions of dollars. issue. and expenses incurred by the individual I was a leading proponent of those buyouts The CHAIRMAN. The Chair would in- with respect to that termination.’’ and I support continuing Governmentwide quire of the gentleman if it does per- It then goes on to say, ‘‘For pay- buyouts. In fact, I have joined Representative tain to the White House Travel Office ments required under subsection (a), to WOLF in introducing legislation that would which is what the unanimous-consent be derived in equal amounts from funds allow some buyouts throughout the Govern- agreement as outlined would do. made available in this title under the mentÐH.R. 2751. Mr. SALMON. Yes, it does. If I may heading Compensation of the President So I believe the provisions in this bill are a be permitted to speak, I will explain and the White House Office—Salaries step in the right direction. Regretfully, they are how. and Expenses and funds made available only a small step. The CHAIRMAN. The gentleman in this title under the heading Office of Some of the limitations on who is eligible to from Arizona may proceed. Administration, there are available to take buyouts are, in my view, too restrictive. I Mr. SALMON. Mr. Chairman, last the Secretary of the Treasury up to will continue to talk with the chairman and oth- year I introduced a piece of legislation $500,000.’’ ers about that. that I think could have been dubbed Mr. Chairman, I submit that this Also, we offer the provisions to just a few the Personal Responsibility Act. We amendment has very little relationship agencies even though others throughout the are going to be talking a lot about per- to the amendment on which the unani- Federal Government are downsizing. sonal responsibility this week when we mous consent was accorded. The reason However, today I simply offer an amend- talk about welfare reform. I think for that is that it provides for payment ment that extends the deadline for implement- most of us know that a couple of years to no one. It relates to the reduction of ing buyouts by 2 monthsÐfrom February 1 to ago there was a real problem within no specific office, Office of Administra- March 31. the White House Travel Office tion or other White House account. This amendment, which lengthens the win- Mr. HOYER. Mr. Chairman, are we This deals generally with the White dow for buyouts from 4 to 6 months, makes proceeding on the point of order? House account across the board. As a buyouts a more viable tool for managers and The CHAIRMAN. The Chair is at- result, I think it is clearly inconsistent employees alike. tempting to hear argument on the with what Members gave unanimous I believe the amendment has been cleared point of order, on whether or not this consent about. One has to do with a cut and I thank the chairman for his concern for amendment relates to the White House in the White House budget. One has to the impact that budget reductions may have Travel Office which was part of the do with reimbursement of White House on employees at the IRS, the Customs Serv- unanimous-consent agreement last travel officers. ice, and ATF. night. The CHAIRMAN. The Chair, in at- Mr. HOYER. Mr. Chairman, I yield Mr. HOYER. I thank the Chair. tempting to rule on this point of order, back the balance of my time. The CHAIRMAN. The gentleman would like to inquire of the gentleman The CHAIRMAN. The question is on from Arizona may proceed. from Arizona if the amount that he is the amendment offered by the gen- Mr. SALMON. Mr. Chairman, let me proposing is specific to the White tleman from Maryland [Mr. HOYER]. be as succinct as I possibly can. In a House Travel Office employees. The amendment was agreed to. nutshell, all this amendment does is re- Mr. SALMON. Mr. Chairman, the The CHAIRMAN. Are there further duce within the administration and the amendment is very straightforward. It amendments? Office of the White House the amount applies to the Office of Administration commensurate that we have already and the White House itself. However, in AMENDMENT OFFERED BY MR. SALMON appropriated within the bill to com- the unanimous-consent request, it sim- Mr. SALMON. Mr. Chairman, I offer pensate the seven people from the ply stipulates that it must relate to an amendment. White House Travel Office that were, the White House Travel Office which is The CHAIRMAN. The Clerk will des- many of us believed, unlawfully termi- a subcategory of the Office of Adminis- ignate the amendment. nated and vigorously pursued by the tration. The text of the amendment is as fol- administration via the FBI. We already What I am trying to accomplish, I am lows: know the story. There is money in the trying not to be redundant. Since there Amendment No. 10 offered by Mr. SALMON: bill to compensate these people. My is already a proposal within the legisla- Page 33, line 13, insert after ‘‘$40,193,000’’ the proposal is simply that we get back to tion itself to compensate the following: ‘‘(reduced by $500,000)’’. accountability and that the Office of Travelgate victims, I am simply reduc- The CHAIRMAN. Pursuant to the the White House and the administra- ing the amount from the Office of Ad- order of the House of Tuesday, July 16, tion of the White House pay those mon- ministration and the White House. 1996, the gentleman from Arizona [Mr. eys. Instead of appropriating new tax They have full purview to go to the Of- SALMON] will be recognized for 5 min- dollars to compensate those victims, fice of Travel and take the money from utes in support of his amendment and a that the money come out of already ap- there if they so desire. I see no incon- Member in opposition will be recog- propriated moneys and we get back to sistency with the unanimous-consent nized for 5 minutes. the concept of personal responsibility. request. POINT OF ORDER Mr. HOYER. Mr. Chairman, may I be The CHAIRMAN. In attempting to Mr. HOYER. Mr. Chairman, I make a heard on the point of order? comply with the guidelines that have point of order. The CHAIRMAN. The Chair recog- been outlined under the unanimous- The CHAIRMAN. The Chair recog- nized the gentleman from Maryland consent agreement, the Chair is con- nized the gentleman from Maryland [Mr. HOYER]. strained to insist that it be very spe- [Mr. HOYER]. Mr. HOYER. Mr. Chairman, if the cific on the dollar level for the White Mr. HOYER. Mr. Chairman, under the Chairman will review the amendment House Travel Office. unanimous consent that was offered that has been offered and on which Mr. OBEY. Mr. Chairman, if the chair and agreed to, while the gentleman unanimous consent was accorded, he is about to rule that the amendment as from Arizona [Mr. SALMON] does in fact will see that it has two sections, an A offered is not consistent with the unan- have an amendment that is reserved section and a B section. It refers to the imous-consent agreement, then I would for him for 10 minutes, it specifically payment of moneys to individuals who have no further comment. I simply was refers to the White House Travel Of- worked for the Travel Office. intending to rise to make the point fice. This amendment, of course, is a Specifically it says in section 301(a), that, if we cannot count on the fact reduction in the entire budget of the ‘‘If an individual whose employment in that amendments that are going to be White House itself and I would suggest the White House Travel Office was ter- offered are those which are discussed is not within the framework of the minated on May 19, 1993, submits a prior to unanimous-consent agree- unanimous-consent request. claim under this subsection to the Sec- ments, then it is going to be impossible Mr. SALMON. Mr. Chairman, it is retary of the Treasury within 180 days to get unanimous-consent agreements virtually the same amendment that we after the date of the enactment of this around here. H7698 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. HOYER. Mr. Chairman, further (42 U.S.C. 1395mm(i)(8)(A)) for physician in- every physician, every provider, takes on the point of order, Mr. Chairman, centive plans in contracts with eligible orga- an oath to put patients and their well- let me first of all say I believe the gen- nizations under section 1876 of such Act. being first. tleman from Arizona is one of the The CHAIRMAN. Pursuant to the This amendment simply protects Members of this body who has high in- order of the House of Tuesday, July 16, Federal employees the way we have tegrity and good faith, and I under- 1996, the gentleman from Vermont [Mr. protected Medicaid and Medicare pa- stand that he offers this in good faith. SANDERS] will be recognized for 10 min- tients by saying there cannot be a per- However, the amendment that he origi- utes in support of his amendment and a verse incentive to not put the patient nally offered on which the unanimous Member in opposition will be recog- first, and it also states that in doing consent was given is subject to a point nized for 10 minutes. so, the well-being of the patient will be of order. He has attempted to correct The Chair recognizes the gentleman put first. that understandably by his amendment from Vermont [Mr. SANDERS]. This amendment is supported by over that he has now offered. Mr. SANDERS. Mr. Chairman, I yield 123 provider groups. It is vastly sup- The problem, Mr. Chairman, in an- 5 minutes to the gentleman from Okla- ported by Members of the House. It is swer to the question, did it deal specifi- homa [Mr. COBURN], a cosponsor of this a start back down the road where phy- cally, the gentleman said, honestly, as amendment, and I ask unanimous con- sicians are asked to do the right thing, I would have expected him to answer, sent that he be allowed to control that to not be placed in the position in a no, it does not; and in fact it does not. time. competitive environment where they In fact he offered it, however, to deal The CHAIRMAN. Is there objection sacrifice quality care for their own with the White House and the Office of to the request of the gentleman from livelihood, and this amendment pro- Administration. It does not in fact, I Vermont? hibits that in regard to Federal em- tell the gentleman, deal with the Office There was no objection. ployees. of Administration. It deals with the Mr. SANDERS. Mr. Chairman, I yield It is my understanding that we may, White House budget per se in the sec- myself such time as I may consume. in fact, have an acceptance of our tion that he affects in terms of the line Mr. Chairman, this amendment is amendment by the chairman of this that he affects. As a result, Mr. Chair- substantively the same as an amend- subcommittee. man, I think it is clearly inconsistent ment No. 5 in the July 16, 1996, CON- Mr. Chairman, I reserve the balance with the unanimous-consent request GRESSIONAL RECORD but it incorporates of my time. and therefore is not in order under that a technical change which I believe Mr. LIGHTFOOT. Mr. Chairman, I consent agreement. makes our intent clearer. ask unanimous consent to control 10 The CHAIRMAN. The Chair is pre- The amendment that I am offering minutes. pared to rule unless any other Members today with the gentleman from Okla- The CHAIRMAN. Is there objection wish to be heard on the point of order. homa [Mr. COBURN] along with the gen- to the request of the gentleman from Does the gentleman from Arizona tleman from New York [Mr. NADLER] Iowa [Mr. LIGHTFOOT]? wish to be heard further? and the gentleman from Florida [Mr. There was no objection. Mr. SALMON. Mr. Chairman, I would WELDON] touches on an issue of enor- Mr. LIGHTFOOT. Mr. Chairman, I just simply like to say that we tried to mous consequence to millions of Amer- yield myself such time as I may accommodate all sides on this. Obvi- icans, especially given the rapid trans- consume. ously, we did not want to be redundant. mission we are experiencing from tra- Mr. Chairman, at this point I am I believe that we have made a good- ditional health insurance to managed very inclined to accept this amend- faith effort to make sure that we were care and HMO’s. We can all agree on ment. I do not think any of us are in consistent with the amendment that the need to control health care costs. favor of HMO practices that cause we offered yesterday that was adopted However, we must also ensure that shoddy medical care; we are all very under unanimous consent. I believe health care decisions which affect our much opposed to that. I have been dis- that we have made every effort to do lives and our well-being are made by mayed to learn, for example, about sit- that. As the gentleman stipulated, it physicians using medical rationale and uations where HMO’s have caused a was completely in good faith. I would who have the best interests of their pa- woman who has had a baby to leave just appeal to the Chair. tients at heart and not by insurance just hours after the birth of the child. The CHAIRMAN. The burden of es- companies who may be putting their We had a daughter who just had a tablishing that the amendment relates drive for profits before the best inter- daughter a few months ago. It does not to the White House Travel Office as re- ests of their patients. Most impor- make sense at all to leave early. quired by the unanimous-consent order tantly, Mr. Chairman, we must pre- I think that the course of treatment of the House of yesterday has not been serve the fundamental core of success- for any given patient should be up to carried by the gentleman from Arizona. ful health care, and, that is, the doc- his or her doctor. They are the ones in That is the ruling of the Chair. The tor-patient relationship. the best position to make that deter- amendment is not in order. When a patient walks into a doctor’s mination. AMENDMENT OFFERED BY MR. SANDERS office, he or she must be 100 percent It is also a very difficult area in Mr. SANDERS. Mr. Chairman, I offer confident that the treatment that is which to try and make law. Since 1994, an amendment. being recommended comes from the the Department of Health and Human The CHAIRMAN. The Clerk will des- doctor’s best medical judgment and is Services has been tasked with develop- ignate the amendment. not motivated by an insurance compa- ing a set of regulations, eliminating The text of the amendment is as fol- ny’s desire for greater profits. certain types of HMO incentives for Medicare and Medicaid. These regula- low: b 1345 Amendment offered by Mr. SANDERS: Page tions are still incomplete, and I do not 119, after line 8, insert the following new A patient deserves to be told the full think that we can solve here in 20 min- title: truth when going to a doctor and that utes what HHS has been trying to fig- TITLE VIII—ADDITIONAL GENERAL is what this amendment is all about. ure out for 2 years. PROVISIONS Mr. Chairman, I reserve the balance I do not pretend to know the answers, SEC. 801. None of the funds appropriated by of my time. either. I am not sure that any of us this Act shall be available to pay any The CHAIRMAN. The gentleman know what the real answers are. But amount to, or to pay the administrative ex- from Oklahoma [Mr. COBURN] is recog- what I do know is that we have not penses in connection with, any health plan nized for 5 minutes. taken any time to deliberate a very under the Federal employees health benefit Mr. COBURN. Mr. Chairman, I yield complicated issue. program, when it is made known to the Fed- myself such time as I may consume. This committee has held no hearings eral official having authority to obligate or expend such funds that such health plan op- Mr. Chairman, this is about looking on it. The authorizing committee of ju- erates a health care provider incentive plan at perspective and motivation and risdiction learned about the matter that does not meet the requirements of sec- what our charge is as physicians as we yesterday. For now, be willing to ac- tion 1876(i)(8)(A) of the Social Security Act look at health care in this country, and cept the amendment. I think it is a July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7699 well-intended amendment. As we go to Do I need to refer him to a cardiolo- venting physicians from providing patients with conference, we will continue to work gist, has to think in the back of his or a full range of advice, because they are seek- and look at this amendment and its her mind, gee, I have already referred ing to enhance the managed care network's ramifications. three people to a specialist this week. bottom-line, at the direct expense of a pa- Mr. Chairman, I yield such time as he If I refer a fourth, it will cost me tient's health. This can be a matter of life and may consume to the gentleman from money. It is putting a direct conflict death. Maryland [Mr. HOYER]. between the patient’s interest, which Doctors in HMO's are frequently penalized Mr. HOYER. Mr. Chairman, I sub- the doctor is sworn to uphold, and the by having their salaries either reduced, or scribe to the remarks the gentleman doctor’s financial interest. That is an withheld, by the health plan for advising pa- just made. institutionalized conflict of interest. tients to seek treatment from a specialist. Obviously, this committee has not It is a fundamental problem and this This is wrong, and the Sanders-Coburn addressed this issue. Having said that, amendment begins to address that, and amendment is a modest attempt at protecting just as obviously the proponents of this I thank the body for accepting it. the right of physicians to give patients the best amendment I think have a proposition Mr. COBURN. Mr. Chairman, I yield 1 medical judgment. with which all of us would agree, and minute to the gentlewoman from New I urge my fellow Members of the House to do agree, and this is an issue which we Jersey [Mrs. ROUKEMA]. join me in supporting this worthwhile amend- are going to have to study between now (Mrs. ROUKEMA asked and was ment. and conference from a substantive given permission to revise and extend Mr. SANDERS. Mr. Chairman, I yield standpoint. her remarks.) 10 seconds to the gentleman from The chairman points out correctly Mrs. ROUKEMA. Mr. Chairman, I am Maryland [Mr. HOYER]. that regulations in this area, vis-a-vis so pleased that this being accepted Mr. HOYER. Mr. Chairman, I rise Medicare and Medicaid, as I under- today. I strongly support it. It is a very simply to make the point that I am stand, have taken even longer than 1994 straightforward proposition. It pro- against, and I want to make it clear, to date and antedate that by some tects the ability of doctors to give the form of this amendment unrelated time. their patients the best medical advice to its substance, which I have already Having said that, I think clearly the and, after all, that is what doctors do, said I agree with. This made-known objective that the two gentlemen seek that is what they have historically language, which I will make an addi- is an objective that is an important done, and that is what the Hippocratic tional point on in a future amendment, oath is all about. one and which I think all of us support. we should not pursue. Make no mistake about it, the ideas Mr. COBURN. Mr. Chairman, I yield Mr. COBURN. Mr. Chairman, I yield of the bottom-line medicine that is myself such time as I may consume. the balance of my time to the gen- being practiced in some circles is un- Mr. Chairman, I take a few moments tleman from Florida [Mr. WELDON]. conscionable. It cannot only lead to to clarify the record. The Committee Mr. WELDON. Mr. Chairman, I thank poor quality of care in many cases, as on Commerce has held hearings on the gentleman for yielding me the has been more recently annotated, it this. We have had one hearing in which time, and I rise in strong support of the could be a matter of life and death. Sanders-Coburn amendment. we had significant testimony where I thank the chairman for accepting As most of my colleagues know, prior care was denied based on the perverse this amendment and I thank the au- to coming to the House of Representa- incentives to the physician, and I think thors of the amendment. it is just the start of hearings that we Mr. Chairman, I rise in strong support of the tives, I was a practicing physician. I are going to have in this regard, and I Sanders-Coburn amendment to H.R. 3756, the practiced for 6 years in the Army Medi- would like that placed in the RECORD. fiscal year 1997 Treasury-Postal Service ap- cal Corps and then I went into private Mr. Chairman, I reserve the balance propriations bill, which would prohibit any practice in Florida. One of the things of my time. funds in this bill from paying any managed that drew me to that medical practice Mr. SANDERS. Mr. Chairman, I yield care network under the Federal Employees with Melbourne Internal Medicine As- 1 1 ⁄2 minutes to the gentleman from New Health Benefits Plan that offers physicians fi- sociates, besides the beautiful climate York [Mr. NADLER]. nancial incentives to withhold medically nec- and being there on the space coast, was Mr. NADLER. Mr. Chairman, I am essary information from their patients. the fact that the medical group I was very gratified to hear that this amend- I hope that the House overwhelmingly ap- asked to join was an extremely well ment is being accepted, at least for the proves this simple, straightforward proposition run medical group. time being. that seeks to protect the ability of doctors to When I was interviewing with the I want to say that the practice of give patients their best medical judgment on physicians with that medical group, it physicians being offered incentives, possible treatment options. That's what doc- was quite apparent to me that the key positive incentives that if they deny a tors have historically done. That is the mean- to their success was that they always treatment, they get more money, and ing of the Hippocratic oath. put quality patient care first and fi- negative incentives, if they grant the Earlier this week, the Newark Star Ledger, nancial considerations secondary. They treatment, they get less money, and New Jersey's largest daily newspaper, edito- were always looking out for the best this form of health care that is pro- rialized against the objectionable practice of interests of their patients and, indeed, liferating throughout this country has some managed care networks for discourag- I have to say that as I have traveled all led, as the gentleman said, to many de- ing physicians from providing their patients over the country through my years and nials of health care where it was need- with full information about their diagnosis and met thousands of physicians, that is al- ed, and it also constitutes an institu- treatment options. ways the key to success for any physi- tionalized conflict of interest. The Star Ledger said, and I completely cian, no matter what his specialty is, If someone came to any Member of agree ``there is good reason to suspect ar- that he is always watching out for the this body and said, ‘‘Vote this way and rangements that pay the doctor more for treat- best interests of his patient. I will pay you $1,000,’’ we would call ing you less or for nodding in agreement when What I compliment the gentleman that a bribe, it would be against the the treatment cooked-up by the health plan's from Vermont [Mr. SANDERS] and the law. But, in effect, what you have with computer goes against the doctor's best judg- gentleman from Oklahoma [Mr. many of these HMO’s now is a practice ment.'' COBURN] in introducing is an effort to where the insurance company comes to Simply put: Doctors must be able to provide combat what I believe is a perversion the doctor and says, ‘‘If in all your pa- their patients with all available information and of the doctor-patient relationship tients this next week you do not refer advice about treatment options. Anything else where doctors suddenly have perverse more than ‘‘X’’ number to specialists is completely unconscionable. This is bottom- financial interests to deny patients or to have a test, a CAT scan, we will line medicine and don't be misledÐthis could quality care and quality access to care, give you more money, and if you do, we be a matter of life and death as has been and this has a very, very far-reaching will take away money from you.’’ more recently reported by reputable authori- impact if we as a body here do not try So the doctor, when he looks at a pa- ties. to address this issue. tient and thinks, do I really need to? Too many HMO's today seek to undermine The United States, as all Members This patient has chest pains, whatever. the sacred doctor-patient relationship by pre- know, is the world’s leader in health H7700 CONGRESSIONAL RECORD — HOUSE July 17, 1996 care. The rest of the nations of the The CHAIRMAN. The Clerk will re- ing issue of concern to people in Maine world read our medical journals and port the modification of the amend- and all over the East Coast. they not only look to us for the spe- ment. Mr. Chairman, I reserve the balance cific science but they also look to us The Clerk read as follows: of my time. for leadership in the area of ethics, and Modification to Amendment offered by Mr. b 1400 this is an ethics of medicine issue. KINGSTON: In lieu of the matter proposed to Each and every time a doctor sees a pa- be inserted, on Page 16, line 19 of the bill, Mr. KINGSTON. Mr. Chairman, I tient, he should be always looking out after the dollar amount, insert the following: yield 11⁄2 minutes to the gentleman for the interests of his patients. ‘‘(reduced by $2,000,000)’’. from Florida [Mr. MICA]. Support the Sanders-Coburn amend- The CHAIRMAN. Is there objection Mr. MICA. Mr. Chairman, I just want ment. to the modification offered by the gen- to thank the gentleman from Maine Mr. SANDERS. Mr. Chairman, I yield tleman from Georgia [Mr. KINGSTON]? and also the gentleman from Georgia myself such time as I may consume. There was no objection. for cooperating in this compromise. Mr. Chairman, I think we are all in The CHAIRMAN. Pursuant to the The gentleman from Georgia has pri- agreement, those of us who have spo- order of the House of Tuesday, July 16, vate investors who have invested in an ken, about what the issue here is, and 1996, the gentleman from Georgia [Mr. airport in my district and the gen- it is not a complicated issue. What all KINGSTON] will be recognized for 41⁄2 tleman from Maine has some problems of us believe is that when a patient minutes in support of the amendment with what Customs has interpreted in walks into a doctor’s office, we want to and a Member in opposition to the this situation, and I think that this is know that we are getting the best pos- amendment will be recognized for 41⁄2 a good compromise. It is a placeholder sible treatment that we can get and minutes. and it allows us to deal with Customs. that there is not a perverse incentive The Chair recognizes the gentleman We do not want to cut their budget. being offered to the physician to give from Georgia [Mr. KINGSTON]. What we want to do is get a proper res- us less than the best quality care that Mr. KINGSTON. Mr. Chairman, I olution of this problem, and this is, in can be offered. yield myself such time as I may fact, a placeholder so that Maine, Geor- We do not want to believe that a phy- consume. gia, and Florida can work this problem sician can make more money by offer- Mr. Chairman, let me just say right out. Hopefully we will not hurt Maine ing us lesser care. That is not what now we are trying to address a problem or the new airport in the Orlando-San- health care is supposed to be about that has occurred at the Sanford Air- ford area. and, most importantly, that is not port in Florida and one that has devel- So I thank my colleagues for working what the doctor-patient relationship is oped as a result of that in Bangor, ME, out this compromise and support the supposed to be about. If there is any re- and we have some private sector inves- amendment of the gentleman from lationship built on trust in our society, tors who have bargained to work in Georgia [Mr. KINGSTON], and urge its it is supposed to be the doctor-patient good faith with the U.S. Customs Serv- adoption. relationship, and historically that has ice on that. It seems now there might Mr. BALDACCI. Mr. Chairman, I ap- been the case. be a problem, maybe of major preciate the comments from the good What this amendment does, it applies miscommunication on it. We are trying Representative, the gentleman from to Federal employees what already ex- to address that problem. Florida [Mr. MICA], and also the gen- ists in law for Medicare and Medicaid Mr. Chairman, I reserve the balance tleman from Georgia [Mr. KINGSTON]. beneficiaries, and it says that there of my time. Just to further reinforce, I agree cannot be perverse incentives offered The CHAIRMAN. Is there a Member with Customs’ determination in its to physicians so that they do not pro- who seeks time in opposition to the classification and the rules it is pro- vide Federal employees the best qual- amendment? mulgating. I am not in disagreement ity care available. Mr. BALDACCI. Yes, I do, Mr. Chair- with that, but I am looking forward to I thank all of the cosponsors for this man. the discussion that should ensue with amendment and look forward to the The CHAIRMAN. The gentleman all people in regards to this particular body’s support. from Maine [Mr. BALDACCI] is recog- matter. But I wanted to make that Mr. Chairman, I yield back the bal- nized for 41⁄2 minutes to control time in clear. ance of my time. opposition to the amendment. Mr. Chairman, I yield back the bal- The CHAIRMAN. The question is on Mr. BALDACCI. Mr. Chairman, I ance of my time. the amendment offered by the gen- yield myself such time as I may Mr. KINGSTON. Mr. Chairman, I tleman from Vermont [Mr. SANDERS]. consume. yield myself such time as I may The amendment was agreed to. Mr. Chairman, I am pleased that Mr. consume. AMENDMENT OFFERED BY MR. KINGSTON Kingston has withdrawn his earlier I just want to say what I believe has Mr. KINGSTON. Mr. Chairman, I amendment that was being put for- happened from the investors’ stand- offer an amendment. ward. The situation is, is that most of point is, trying to encourage private The CHAIRMAN. The Clerk will des- these airports that are ports of entries investment and getting into an airport, ignate the amendment. have established a threshold which they felt like they had a certain agree- The text of the amendment is as fol- says over this threshold, you are going ment with Customs and that Customs, lows: to have to assess passengers $6.50 in the later stages, changed the rules of Amendment Offered by Mr. KINGSTON: Page apiece. So all international airports the game on them. 119, after line 8, insert the following new are doing this that are over that and We had a sincere concern with the title: that are ports of entry. way Customs has apparently handled TITLE VIII—ADDITIONAL GENERAL The particular airport in question is that, but the gentlemen from Maine, PROVISIONS much more over that, an estimate of Mr. BALDACCI and Mr. LONGLEY, have SEC. 801. None of the funds made available Customs is that 115,000, but yet it still brought up some excellent points in in this Act may be used to issue, implement, not charging the higher fee and is able terms of the impact on Bangor’s incon- administer, or enforce the amendments to to market customers away from the sistency with Customs, and so forth. So the Customs regulations pertaining to field organization proposed by the United States other ports of entry, like Bangor, and we are all working together to try to Customs Service and published in the Fed- take an unfair advantage in that par- continue this dialogue. eral Register on June 17, 1996 (61 Fed. Reg. ticular situation, which has caused this Mr. Chairman, I yield back the bal- 30552–30553). situation with this amendment to de- ance of my time. MODIFICATION TO AMENDMENT OFFERED BY MR. velop. The CHAIRMAN. The question is on KINGSTON Mr. Chairman, I look forward to now the amendment offered by the gen- Mr. KINGSTON. Mr. Chairman, I also working with the gentleman from tleman from Georgia [Mr. KINGSTON]. have a modification at the desk and I Georgia [Mr. KINGSTON] and others, to Mr. HOYER. Mr. Chairman, point of ask unanimous consent for the modi- have these discussions in regard to this clarification. The amendment we are fication. particular issue. But that is the preced- voting on is the substitute which the July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7701 gentleman has offered for the lan- the conference committee came back taking little nicks out of big programs guage? after we passed a couple of the budget that need big nicks and you take big The CHAIRMAN. The amendment, as bills previous to this. nicks out of little programs that are modified by unanimous consent. Now, I certainly do not want to cast struggling to get along and do things Mr. HOYER. Which is simply the $2 any aspersions on the subcommittee that we really need. There is no rec- million reduction; am I correct? chairman and the work of the Commit- ognition that some of these agencies Mr. KINGSTON. That is correct. tee on Appropriations, but I think in and programs we have already cut 20, The CHAIRMAN. The question is on terms of keeping faith with our prom- 30, 40 percent. We have already cut the amendment, as modified, offered by ises last year and keeping faith with them. the gentleman from Georgia [Mr. the American people and most impor- My colleague should be aware that KINGSTON]. tantly keeping faith with the American the amendment will mean cuts to basic The amendment, as modified, was children, I think it is important that law enforcement functions of the De- agreed to. we do everything within our power to partment of the Treasury. As my col- The CHAIRMAN. Are there further try to recover that fumble. league said, voting for this bill is just amendments to the bill? What we did was we increased spend- a simple little 1.9 percent cut or 2 per- AMENDMENT OFFERED BY MR. GUTKNECHT ing by $4.1 billion. So we sat down, cent, if we want to round the figure off. Mr. GUTKNECHT. Mr. Chairman, I some of us freshmen with our staff, and If we want to vote for it, then that offer an amendment. said how can we help recover that fum- means we are going to vote to cut The CHAIRMAN. The Clerk will des- ble. One of the ways we can do that is $228,000 out of the ATF’s investigation ignate the amendment. offer an amendment to every appro- on church fires. If we vote for the The text of the amendment is as fol- priation bill for the balance of the ap- Gutknecht amendment, that means we lows: propriation season that would cut dis- are willing to take $80,000 out of the in- cretionary spending 1.9 percent across vestigation for missing and exploited Amendment No. 2 offered by Mr. children, including child pornography. GUTKNECHT: Page 119, after line 8, insert the the board. following new section: Now, 1.9 percent is not a huge cut. As If we vote for his amendment, it means SEC. 701. Each amount appropriated or oth- a matter of fact, in this bill we are we are saying no to $1.3 million to go erwise made available by this Act that is not talking about total spending of $23 bil- to the Customs Service for drug inter- required to be appropriated or otherwise lion. Applying our formula, we are ask- diction along the Southwest border. If made available by a provision of law is here- ing the full committee here to reduce we support this amendment, it means by reduced by 1.9 percent. spending $213 million. Now, $213 million we are saying no to $532,000 for Cus- The CHAIRMAN. Pursuant to the is a lot of money, but in terms of a per- toms’ drug interdiction in the Carib- order of the House of Tuesday, July 16, centage of the total spending in this bean. If we support this amendment, 1996, the gentleman from Minnesota bill it is less than 1 percent. So apply- we are saying no to $662,000 for the [Mr. GUTKNECHT] will be recognized for ing the 1.9 percent formula just to the drug czar to set up his new office. And 10 minutes in support of his amend- discretionary side of this appropriating if we support this amendment, we are ment and a Member in opposition will bill cuts $213 million. saying no to $2.1 million for the drug be recognized for 10 minutes. The question we have to ask our- czar’s efforts to fight drugs in high The Chair recognizes the gentleman selves, and I think a legitimate ques- crime neighborhoods and districts. from Minnesota [Mr. GUTKNECHT]. tion the American people should ask I think these cuts are unreasonable, Could the gentleman clarify for us us, if we cannot cut 1 percent off the particularly given the subcommittee’s exactly which amendment? Is it total spending in this bill, how in the strong report on deficit reduction. As I amendment No. 7 or amendment No. 2? world are we going to say to the Amer- said earlier, we have thought this out very closely. We have argued over Mr. GUTKNECHT. It is amendment ican people that in 3 years we are going these numbers, we have fought over No. 2. to be able to cut $47 billion in spending. them, we have cut every place we can Mr. HOYER. Mr. Chairman, I think The unvarnished truth is we may not cut. But I think the responsible way we the gentleman only has one amend- be able to. ment remaining. We have dealt with Mr. Chairman, this is an important get to balancing the budget is we one of his amendments. He only had amendment, and I would appreciate my evaluate each agency and each pro- two. We dealt with the reduction of po- colleagues support. gram on its merits and then we make litical appointees, and I believe the The CHAIRMAN. Is there a Member the necessary cuts, and in some of only amendment, this amendment, seeking time in opposition to the these we have already cut as much as deals with the reduction of 1.9 percent amendment? 40 percent. across the board. Mr. LIGHTFOOT. Mr. Chairman, I Mr. Chairman, I would urge my col- Mr. GUTKNECHT. The gentleman is rise in opposition to the amendment. leagues to oppose the amendment. Mr. Chairman, I reserve the balance correct. The CHAIRMAN. The Chair recog- The CHAIRMAN. It is still amend- of my time. nizes the gentleman from Iowa [Mr. The CHAIRMAN. The Chair wishes to ment No. 2. LIGHTFOOT] for 10 minutes. inquire of the gentleman from Min- Mr. HOYER. I will agree with that. Mr. LIGHTFOOT. Mr. Chairman, I nesota if he would like to ask unani- The CHAIRMAN. The Chair recog- yield myself such time as I may mous consent to withdraw his amend- nizes the gentleman from Minnesota consume. ment and offer a different amendment? [Mr. GUTKNECHT] for 10 minutes in sup- As presented to the House, the Treas- There has been some confusion up port of his amendment. ury-Postal bill achieves a deficit reduc- here at the desk over the two amend- Mr. GUTKNECHT. Mr. Chairman, I tion of $513 million. That is since last ments that were offered and we have yield myself 2 minutes. year. The subcommittee has achieved a been informed that the gentleman Mr. Chairman, I feel a little bit like total of $1.2 billion in deficit reduction wishes to offer another amendment. the famous cartoon character Horton, since January of last year, and we have Mr. GUTKNECHT. Yes. who hatched the egg. Just to remind done this by targeting specific pro- Mr. HOYER. Mr. Chairman, reserving Members what this is all about, back grams, by terminating obsolete agen- the right to object, and with all due re- when we passed the budget resolution cies and programs, and restructuring spect. the joint conference committee report agencies and activities to create effi- The CHAIRMAN. The gentleman has with the Senate, this Congress did cient and effective organizations. not propounded a unanimous consent something which many of us felt was In all due respect to my good friend request yet. inappropriate and something that from Minnesota, I think his amend- Mr. HOYER. He responded ‘‘yes’’ to needed to be corrected. ment is not well thought out because the Chair’s asking for a unanimous We literally agreed to increase spend- there are no policy assumptions. One of consent on his behalf, it sounded to me ing by $4.1 billion more than we had the problems with across the board like. agreed we would spend last year. Un- cuts in any bill is that it just takes a The CHAIRMAN. Does the gentleman fortunately, that budget resolution, swipe out of everything. You end up have a request for the Chair? H7702 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. GUTKNECHT. Mr. Chairman, let Mr. HOYER. Mr. Chairman, on my Mr. GUTKNECHT. Mr. Chairman, we me first of all say, if I might, there was list, amendment No. 2 or 7 is irrele- believe it is No. 1. some confusion. There apparently is a vant. If the Chair says 1, 2, 3, we have Mr. HOYER. Mr. Chairman, if that is different list. We were item No. 7, now not been going in order so it is some- the case, then, and No. 2 is pending, I we are item No. 2. In either event, I in- what confusing as to what 1, 2 and 3 is. would have, checking with my own tend to offer my amendment to reduce If it is No. 2, we have done 8 before it. staff, given my quick analysis, it seems expenditures across the board 1.9 per- The CHAIRMAN. The Chair will in- to me that this is carrying out what we cent. If that requires a unanimous con- form the committee that both are thought we were considering. sent request to withdraw this amend- across-the-board amendments. The dif- If I can, however, before I withdraw ment, I would be happy to do that, but ference is that they place the language my objection, the gentleman indicated I do intend to offer the amendment in at different points in the bill. he intends to offer the other amend- either event. Mr. HOYER. Mr. Chairman, before I ment. Is there another amendment? Is The CHAIRMAN. Is there objection give unanimous consent, I want to see this the last amendment that the gen- to the request of the gentleman from both amendments, and I do not have tleman from Minnesota is offering? Minnesota? both amendments in front of me. Mr. GUTKNECHT. Mr. Chairman, if Mr. HOYER. Mr. Chairman, reserving The CHAIRMAN. Does the gentleman the gentleman will continue to yield, I the right to object. I appreciate the seek unanimous consent to withdraw think I can honestly say, this will be Chair’s advising all of us as to what the the amendments? If not, we are pro- the last 1.9 percent amendment on this status is. Apparently, I do not know ceeding with debate on amendment No. bill, yes. what amendment is pending at the 2. Mr. HOYER. Mr. Chairman, but does desk. Would the Chair clarify and have Mr. GUTKNECHT. Mr. Chairman, the gentleman have any other amend- the Clerk clarify what amendment is perhaps I can modify my request. What ment on this bill? Mr. GUTKNECHT. No, I have no pending at the desk now? I would request of the Chair is that I be permitted to substitute amendment other amendments. The CHAIRMAN. The Clerk will re- Mr. HOYER. Mr. Chairman, I with- port the pending amendment, which is No. 7 for amendment No. 2, and I would request unanimous consent. draw my reservation of objection. amendment No. 2. The CHAIRMAN. Without objection, The CHAIRMAN. The gentleman has The Clerk read as follows: the amendment is modified. asked unanimous consent. The gen- Amendment No. 2 offered by Mr. There was no objection. GUTKNECHT of Minnesota: Page 119, after line tleman from Maryland has reserved the The text of the amendment, as modi- 8, insert the following new section: right to object. fied, is as follows: Sec. 701. Each amount appropriated or oth- Mr. HOYER. Reserving the right to Modification of amendment offered by Mr. erwise made available by this Act that is not object, I am looking at the text now. required to be appropriated or otherwise GUTKNECHT: Page 118, after line 16, insert the made available by a provision of law is here- b 1415 following new section: Section 637. Each amount appropriated or by reduced by 1.9 percent. Mr. Chairman, I believe I have seen otherwise made available by Titles I through Mr. HOYER. That is a reduction, as I the two amendments the gentleman is VI of this Act that is not required to be ap- understand it, of 1.9 percent in discre- talking about, but I wanted to make propriated or otherwise made available by a tionary funds; is it not? sure. One is at page 119 after line 8; one provision of law is hereby reduced by 1.9 per- Mr. GUTKNECHT. Mr. Chairman, is at page 118 after line 16. Am I cor- cent. will the gentleman yield? rect, however, that the substance, as a The CHAIRMAN. The gentleman Mr. HOYER. Mr. Chairman, under my matter of fact, the exact verbiage of from Minnesota [Mr. GUTKNECHT] has 8 reservation of objection, I yield to the both is the same? minutes remaining, and the gentleman gentleman from Minnesota. Mr. GUTKNECHT. Mr. Chairman, from Iowa [Mr. LIGHTFOOT] has 71⁄2 min- Mr. GUTKNECHT. Mr. Chairman, I will the gentleman yield? utes remaining. would advise the gentleman that that Mr. HOYER. I yield to the gentleman Mr. GUTKNECHT. Mr. Chairman, I is the amendment we have been debat- from Minnesota. reserve the balance of my time. ing for the last 4 minutes, yes. Mr. GUTKNECHT. Mr. Chairman, I Mr. LIGHTFOOT. Mr. Chairman, I Mr. HOYER. Apparently, the Chair believe that is correct. yield 4 minutes to the gentleman from believes that that is not the amend- Mr. HOYER. Mr. Chairman, so that Maryland [Mr. HOYER]. ment that was being debated. That is the only difference is where the gen- Mr. HOYER. Mr. Chairman, I thank the amendment I thought it was. tleman places them in the bill. the gentleman from Iowa who knows I am unclear what the Chair is ask- Mr. GUTKNECHT. Mr. Chairman, me probably too well, he thinks. ing and what the gentleman is asking that is correct. Mr. Chairman, now that we have de- in terms of a unanimous consent until Mr. HOYER. Mr. Chairman, continu- cided which amendment is pending, I such time as I understand what is ing my reservation of objection, may I am opposed to it, I say to my friend going on. ask the gentleman, does he perceive from Minnesota. And very frankly, if The CHAIRMAN. The Chair will in- any difference in the impact of the we had decided the other amendment, I form the committee that it was our un- amendments as a result of the place- would have opposed it. The fact of the derstanding that staff had come to the ment in one position or the other? matter is, this bill spends too little desk and offered a different amend- Mr. GUTKNECHT. Mr. Chairman, if money. Who says that? The Committee ment and had asked that that amend- the gentleman will continue to yield, I on Ways and Means says that. ment be considered. That was the un- am afraid I do not know why, the rea- This bill has already cut $130 million derstanding of the Chair. sons the staff recommended we change below last year’s. In the committee re- If that is not the case, we will pro- location. port, we assume the Federal employees ceed with debate of amendment No. 2. Mr. HOYER. I will tell the gen- in this bill as well as every other bill Mr. GUTKNECHT. Mr. Chairman, if tleman, I suffer from that problem all are going to get a 3-percent raise. I am the gentleman would continue to yield. the time. for that. I think that is appropriate. Mr. HOYER. Mr. Chairman, under my Mr. GUTKNECHT. Mr. Chairman, I We assume as well that there are going reservation of objection, I will be glad think I can clear this up. My amend- to be additional costs, as every busi- to continue to yield so we can straight- ment is not intended to affect appro- ness operator assumes. en this out. priations for fiscal year 1996. That is So that not only are we cutting $130 Mr. GUTKNECHT. Mr. Chairman, I the reason it has to be moved to the million below last year’s appropriation, apologize. Apparently, we had brought different location. We only want to af- but we are cutting very substantially to the desk a modification of an origi- fect discretionary appropriations for more below actual costs to do exactly nal amendment. I was not sure if it was fiscal year 1997. the same services. No. 2 or 7. If the Clerk would please Mr. HOYER. So the amendment the Furthermore, as the Committee on make it clear which amendment. gentleman wants to offer is the pro- Ways and Means has pointed out, they The CHAIRMAN. It is amendment spective amendment, and which are very concerned that we have suffi- No. 2. amendment is that? cient resources to carry out the July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7703 present responsibilities of the Internal importance of the Federal Government, who say that they are for balancing the Revenue Service under law. The Com- and I know he has been conscientious budget, will vote with those of us who mittee on Ways and Means has further on other budget matters. have been trying to promote the 1.9 said that they are very concerned Mr. HOYER. Mr. Chairman, will the percent, because a 1.9 percent reduc- about the IRS being able to service the gentleman yield? tion on every appropriations bill will taxpayers consistent with their respon- Mr. SOUDER, I yield to the gen- fix the bump up. It is a small bump up. sibilities. tleman from Maryland. We have been moving in the right di- Furthermore, the IRS has been cut Mr. HOYER. Mr. Chairman, I appre- rection, but the fact is the deficit goes $700 million plus dollars, three-quarters ciate my friend’s comments about me. up the second year we are here in Con- of a billion dollars. The gentleman’s But essentially, I was quoting Mr. AR- gress. amendment, as pointed out by the CHER of Texas, the chairman of the As far as the IRS, I understand that chairman, cuts across the board and Committee on Ways and Means, ex- you need to have dollars to correct it. makes no judgment as to whether or pressing his views, because I under- I understand that. We are saying that not an agency has been cut deeply, has stand that some may believe I am sub- if we prioritize correctly, for example, been increased or has stayed the same. jective to protect Federal employees, in addition to the supplemental appro- That is why these across-the-board which I am, that is why I quoted Mr. priations for church burning investiga- amendments are so unwise. It is incum- ARCHER of the gentleman’s party and tions, ATF, the Alcohol, Tobacco, and bent upon us to make judgments. chair of the Committee on Ways and Firearms, remained funded at the same Sometimes those judgments are hard Means. level. I find it hard to believe that they Mr. SOUDER. Mr. Chairman, the sec- judgments. We have to make a deter- cannot carry out their function at a 1.9 ond point I was going to make is that mination how much an agency needs, percent reduction. We could take more on the 1.9 percent amendment, it has how necessary is an agency, how nec- of that if there was a prioritization been very interesting, because if this essary are the functions that that correctly. was the only bill where we heard that agency carries out. Also the same is true of the White a 1.9 percent across the board cut in I believe that the IRS is woefully un- House. They were able to give a 40 per- this department would devastate a par- derfunded under the provisions of this cent raise to someone like former secu- ticular program or a department, it bill. But cutting them 1.9 percent, you rity director Craig Livingstone, who would be a little more believable. One simply exacerbate and make worse the had no apparent qualifications for that point nine percent is not the total problem confronting the Nation, not position, according to a committee amount that comes out of the IRS. It IRS, the Nation. Why? As the gen- hearing we were just in. They could ab- comes out of many different sub- tleman from Texas [BILL ARCHER] said sorb a 1.9 percent reduction. They have sections of this bill. in his letter of June 26 to the gen- It seems like we hear this week after multiple pastry chefs at the White tleman from Louisiana [Mr. LIVING- week after week, that we cannot do 1.9 House, as well as the taxpayer funded STON], he believes the cuts that cur- percent, that 1 week we are devastat- database that we have been concerned rently exist, currently, even without ing Yosemite Park, the next week we about and concerned about the security this cut, according to the Committee are devastating the entire thing. It is systems. This 1.9 percent would not on Ways and Means, that the Internal 1.9 percent. If the committees, and have to come out of the IRS, but at Revenue system is getting under this with all due respect, they have worked this point on the floor we are system- bill puts at risk deficit reduction. The hard to get the budgets down, but if the atically offering 1.9 percent across the irony of the gentleman’s amendment committees would have been commit- board, of which part of that falls on the is, the Committee on Ways and Means, ted to not having the deficit go up the IRS, part of that falls to ATF and dif- not this side of the aisle, the gen- second year, we would not have offered ferent things because of procedures. tleman from Texas [Mr. ARCHER] and this amendment. We are offering a philosophical state- the gentlewoman from Connecticut This is a principled amendment. We ment that says 1.9 percent across the [Mrs. JOHNSON], as well as the gen- came to Congress, and we talk about board. I personally would have had it tleman from California [Mr. MATSUI] balancing the budget. We say we are categorized inside the appropriations and the gentleman from Florida [Mr. trying to balance the budget. But the bills and dealt with that, but this is GIBBONS], believe the present under- fact is the deficit goes up the second our only way to express our frustration funding of IRS puts at risk deficit re- year. One point nine percent would with this budget. duction. In point of fact, I believe this change that. It would be nice to get Mr. LIGHTFOOT. Mr. Chairman, I amendment, if adopted, would cost some of that out of the entitlement yield myself such time as I may hundreds of millions of dollars in lost programs, but since we cannot pass an consume to respond briefly. revenues and deficit reduction. entitlement bill, if we are not going to I know it sounds good to say we are I know that the gentleman offers this have the deficit come up, it has to going to cut everything across the amendment sincerely, concerned as I come out of the discretionary pro- board. But, again, Members have got to am about the budget deficit. I am one grams. One point nine percent will not remember, if they vote for this amend- of those who voted for a balanced budg- devastate the IRS; it will not devastate ment to cut across the board, they et amendment, as I think the gen- Yosemite Park. have got constituents at home who tleman knows. I believe we need to bal- Week after week we hear reasons why they are going to have to answer to. ance the budget. I voted for the coali- these bills are going to devastate the Why did you take money out of the tion budget, which balanced the budget entire thing. In fact, some of our Re- high-intensity drug traffic areas, why by 2002 and created $137 billion less publicans are starting to sound like the did you take money out of the drug debt. I hope that we defeat this amend- Democrats sound on our original bills, czar office, which our leadership has ment which would be costly to the tax- and it has been very disconcerting to asked that we put in, why did you take payers and the country. many of the freshman. money out of missing and exploited Mr. GUTKNECHT. Mr. Chairman, I Mr. HOYER. Mr. Chairman, if the children? yield 4 minutes the gentleman from In- gentleman will continue to yield, I do Yes, we have pastry cooks and, yes, diana [Mr. SOUDER]. not know how the gentleman voted we have political appointees that get (Mr. SOUDER asked and was given but, of course, the Republican budget paid salaries which some of us may permission to revise and extend his re- that passed—— think are outrageous. But the other marks.) Mr. SOUDER. Mr. Chairman, I voted side of the coin is, every administra- Mr. SOUDER. Mr. Chairman, I want against it. tion is supplied with a budget for their to first congratulate the gentleman Mr. HOYER. Because the budget that political appointees and how they use from Maryland, who is a very articu- his side of the aisle offered, of course, these people is up to them. late spokesman for his constituents. does exactly what he is concerned We face the problem of addressing And if I were a Federal worker who about. that particular issue as administra- lived in his district, I would, too. I also Mr. SOUDER. I will hope that many, tions change. That budget is there for believe he believes in his heart in the as some have on the Democratic side one administration after the other. I H7704 CONGRESSIONAL RECORD — HOUSE July 17, 1996 think that is where we get into some Mr. GUTKNECHT. Mr. Chairman, at I say to my friend from Minnesota we real problems. several points in this debate we heard are doing what is hard. A 1.9 percent Again, I know my colleagues are about priorities, and I just want to cut is a coward’s way out. it is an easy well-intended. But we have cut $1.2 bil- make it clear we are not changing the way to do it. Oh, we just slash across lion out of this budget since January of priorities of this subcommittee, and we the board. We do not care what hap- last year. We have tried to do it in a re- are not saying they did the wrong pens, who gets hurt, who falls. The sponsible manner, in making those things, but what we are saying is, I Committee has been doing the hard cuts where we can make them. think it is an old German expression, it work. What do our colleagues not un- Reference was made to ATF and the maybe an old Iowa expression: ‘‘Fool derstand about $513 million less this church fires. The money that we put me once, shame on you; fool me twice, year than last year? What do our col- into ATF and the church fires we took shame on me,’’ and if we look at the leagues not understand about $1.2 bil- from the IRS. So if we are going to cut history of what has happened around lion less than January 1995? another 1.9 percent, that does not this place and in this city over the last We are on the glide slope to a bal- make a whole lot of sense either. The 10 or 15 years, we have one budget deal anced budget. It fits in with our budget ATF is going to be downsized about 445 after another budget deal. We had resolution. We have a plan. We are try- employees. So that agency is already Gramm-Rudman, we had this deal, ing to get there. And I resent the idea taking cuts. As I mentioned earlier, there were promises made to the Amer- that someone who has not put in any most of these agencies have been cut ican people, and what they all amount- work on this committee, knows noth- 10, 15, 20, some as high as 40 percent. ed to was this: Manana, tomorrow, next ing about the hours and hours of nego- Mr. Chairman, I reserve the balance year; we are going to fix it next year. tiations that have taken place, comes of my time. But if we are going to balance the up and says are not doing our job. Mr. GUTKNECHT. Mr. Chairman, I budget, it is not what we do next year It is about time that we realized yield 2 minutes to the gentleman from that counts. It is what we do now, it is what we are doing here and quit this Oklahoma [Mr. COBURN]. what we do every day, it is what we do self-flagellation. We are headed toward (Mr. COBURN asked and was given on every appropriation bill. a balanced budget. We have a budget permission to revise and extend his re- Now, I think those guys have done resolution that will get us there. The marks.) great work, and I admire the Commit- Committee on Appropriations is spend- Mr. COBURN. Mr. Chairman, I recog- tee on Appropriations and the Commit- nize that the chairman has done and ing the money or cutting back on the tee on the Budget for all they have his committee have done great work on spending of the money in order to fit in done. I do not serve on either on those this. But I want to change the perspec- with that budget resolution which will committees, and a little over a month tive for a minute about what we are get us there over a period of time, in 6 ago they brought a bill or the Commit- talking about. or 7 years. We are not going at it willy- We are talking about two pennies, tee on the Budget brought a bill to the nilly. We are trying to use some re- two pennies out of every dollar we floor, and I voted against it, and a sponsibility in the way we go about it. spend in this and every other appro- bunch of my freshman colleagues voted We are trying to downsize government. priation bill to try to preserve the pat- against it because we began down that We are. We cut out over 200 programs. tern of getting a balanced budget, No. slippery slope once again saying, We will continue to cut more. 1; No. 2, living up to the commitment ‘‘Well, the deficit is going to go up this Mr. HOYER. Mr. Chairman, will the that this Congress made a short 8 year, but we’ll fix it next year.’’ We gentleman yield? months ago. cannot cut 4.1 billion dollars’ worth of Mr. LIGHTFOOT. I yield to the gen- spending in this appropriation bill, but tleman from Maryland. b 1430 in 3 years we will cut $47 billion. Mr. HOYER. Mr. Chairman, I would Mr. Chairman, I would draw the anal- Now, maybe my colleagues believe like to comment just briefly. ogy we are getting ready to see the that, maybe the American people be- I tell my friend from Minnesota this Olympics. The Americans who trained lieve that, but I have got to tell my is the easy work: 1.9 percent across the for the Olympics, if their coaches and if colleagues as just one Member I have board is not a hard lift. What is a hard their trainers had said, ‘‘You cannot do trouble believing that. And so it is lift is telling people, ‘‘You’re not going any better,’’ they are not going to com- what we do every day that counts. to get as much money next year in So- pete well, but the fact is, everywhere in That is why this little 1.9-percent cial Security or Federal retirement or this Federal Government is fat, tons of amendment is so important. It is about on Medicare or Medicaid.’’ I understand fat, lots of places to save money, lots setting priorities that our colleagues that. We have had that debate. of places to become more efficient, lots set, it is accepting those priorities, but That is the hard business. Why? Be- of places to achieve economies of scale it is saying we are going to ask the bu- cause, I tell my friend from Minnesota, that have not been recognized and not reaucracies at every level to find an we are spending less and less and less been looked at. extra 1.9-percent worth of fat in their on discretionary spending in America The fact is that it takes hard leader- budget, and I do not think there is a every year. ship to set that standard for the people small business person, I do not think The CHAIRMAN. The question is on who are going to spend this money, and there is a farmer, I do not think there the amendment, as modified, offered by what we would like to do is to say we is a taxpayer in America who does not the gentleman from Minnesota [Mr. recognize the tremendous efforts that believe that we cannot find 1.9 percent GUTKNECHT]. have been moved in that direction. We worth of fat in every Federal bureauc- The question was taken; and the just think that we can go further, and racy. Chairman announced that the noes ap- we would like for our colleagues to That is what this amendment is peared to have it. consider the 2 percent, 1.9 percent. about. It is about keeping our word, it Mr. GUTKNECHT. Mr. Chairman, I Why? Children and grandchildren. is about doing our work every single demanded a recorded vote. Mr. Chairman, this deficit is not year and not saying manana, next The CHAIRMAN. Pursuant to House going to be $115 billion this year. There year, next 3 years from now, then we Resolution 475, further proceedings on is another $65 billion on top of that rec- are going to balance the budget. the amendment offered by the gen- ognized from the use of Social Security This is hard work, but the American tleman from Minnesota [Mr. funds to fund the general obligations of taxpayers and the American families GUTKNECHT] will be postponed. this Government. So at the minimum did not send us here to do what was The CHAIRMAN. Are there further it is $180 billion this year. easy. They sent us here to do what was amendments? I ask that my colleagues support this hard; 1.9 percent is not too much to AMENDMENT OFFERED BY MS. KAPTUR bill. ask. It is about preserving the Amer- Ms. KAPTUR. Mr. Chairman, I offer Mr. GUTKNECHT. Mr. Chairman I ican dream for our kids. It is an impor- an amendment. yield myself the balance of the time. tant amendment. I would request a The CHAIRMAN. The Clerk will des- The CHAIRMAN. The gentleman ‘‘yes’’ vote. ignate the amendment. from Minnesota is recognized for 2 min- Mr. LIGHTFOOT. Mr. Chairman, I The text of the amendment is as fol- utes 15 seconds. yield myself the remainder of the time. lows: July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7705 Amendment offered by Ms. KAPTUR: Page We know the latest Amnesty Inter- into that market. And I will be submit- 119, insert the following after line 8: national report on China redocuments ting that evidence for the record of this TITLE VII—MISCELLANEOUS the fact that the government treats its very lopsided trading relationship that PROVISIONS own people with contempt, and in re- effectively discriminates severely SEC. 801. None of the funds made available gard to prison labor we know that the against U.S. interests. in this Act for the United States Customs Chinese Government and prison au- Service may be used to make, issue, pre- But in terms of this amendment thorities have knowingly, knowingly scribe, take, implement, administer, or en- there can be no question that through sought to evade China’s commitment force any determination, finding, rule, order, China’s use of prison, slave, and child to the two agreements we as a Nation policy, or other action relating to trade rela- labor they should not be able to make tions between the United States and the Peo- signed with them. In fact, in our own goods that then find their way into this ple’s Republic of China when it is made State Department’s 1995 country report marketplace, and it is the obligation of known to the Federal official having author- on human rights practices it is stated, the United States Customs Service to ity to obligate or expend such funds that and I quote directly: such determination, finding, rule, order, pol- enforce the laws of this country. icy, or other action has the effect of allowing Repeated delays in arranging prison labor imports into the United States of products of site visits called into question Chinese inten- Mr. Chairman, I submit the following the People’s Republic of China that were tions regarding China’s commitments. information for the RECORD: mined, produced, or manufactured with the Now, under our laws the United use of prison, slave, or child labor. States Customs Department is already TABLE A3.1: AVERAGE TARIFF LEVELS Mr. HOYER. Mr. Chairman, I reserve directed to monitor and enforce the [In percent] a point of order on the amendment. prohibition of Chinese goods made HS Chapter Trade Unweighted The CHAIRMAN. The gentleman under those specific conditions. There weighted from Maryland reserves a point of may be some questions with the res- 0 ...... 34.7 44.4 order. ervation that was asked for, but I hope 1 ...... 24.8 42.7 Pursuant to the order of the House of 2 ...... 18.8 27.4 will be suspended when this is com- 3 ...... 18.6 40.1 Tuesday, July 16, 1996, the gentle- plete, that any impact on funds di- 4 ...... 23.2 35.1 woman from Ohio [Ms. KAPTUR] will be 5 ...... 60.1 66.2 rected to the U.S. Customs Department 6 ...... 71.1 79.9 recognized for 5 minutes, and a Member and subsequent revenue collection ac- 7 ...... 18.9 27.6 in opposition to the amendment will be tivities would only be impacted under 8 ...... 32.2 34.1 9 ...... 42.6 48.9 recognized for 5 minutes. this amendment if there is evidence The Chair recognizes the gentle- that Chinese goods made under these Total ...... 31.9 42.8 woman from Ohio [Ms. KAPTUR]. conditions are still being allowed into Note:—These trade weighted tariff levels have been estimated using first Ms. KAPTUR. Mr. Chairman, our quarter import data for 1992 at the six-digit HS level, and information on our marketplace. tariff rates at the nine-digit level of disaggregation, both provided by the amendment simply states that no At present there is ostensibly no tar- Customs Directorate. funds made available to the United iff revenue collected on Chinese goods Source: Chinese Customs Directorate and staff estimates. States Customs Service may be used to made under these conditions because TABLE A3.2: CHINA AVERAGE TARIFF RATES allow the importation of Chinese goods ostensibly the United States Customs into the United States that were made [By SITC 2-digit codes] Department should be complying with with the use of prison, slave or child United States law. labor. Simple Weight- Dif- Now, let me add there are other SITC ference Now, under a previous memorandum Line number Rev 2, avg. ed avg. simple- points here, other egregious examples 2 digit tariff tariff weight- of understanding signed in August 1992 rate rate of where our United States-China trade ed between the United States and the Peo- relationship is off on the wrong foot ple’s Republic of China along with the 1 ...... 0 0.00 0.00 0.0 and really fails to protect our national 2 ...... 1 54.62 50.46 4.2 statement of cooperation signed then 2 3 ...... 2 57.18 31.43 25.8 years later in 1994, the United States interests, and these are so compelling 4 ...... 3 38.88 32.36 6.5 and so indisputable and so vital to ad- 5 ...... 4 36.86 6.96 29.9 Customs Department is already di- 6 ...... 5 53.12 45.17 7.9 rected to monitor and ban the importa- dress I wish there were a way to do it 7 ...... 6 52.14 39.95 12.2 under this measure. But we are nar- 8 ...... 7 44.54 48.01 ¥3.5 tion of such goods, but we know that 9 ...... 8 22.33 6.84 15.5 there is convincing evidence that the rowly focusing our attention on just 10 ...... 9 65.40 73.15 ¥7.8 United States Customs Service has not those goods made under those three 11 ...... 11 126.25 88.48 37.8 12 ...... 12 116.67 143.44 ¥26.8 been doing so and not following the conditions that we do not want into 13 ...... 21 36.53 15.69 20.8 law. this country. 14 ...... 22 46.56 50.15 ¥3.6 But let me mention that we have a 15 ...... 23 22.06 26.94 ¥4.9 Now, this amendment is very impor- 16 ...... 24 11.84 14.96 ¥3.1 tant because it reiterates the commit- growing trade deficit with China, this 17 ...... 25 2.00 2.00 0.0 year over $40 billion a year, lost jobs in 18 ...... 26 31.80 27.62 4.2 ment of this Congress not to allow the 19 ...... 27 27.21 18.95 8.3 importation into this marketplace of this marketplace, lost revenues to our 20 ...... 28 6.32 4.76 1.6 goods made with child, prison, or slave treasury and lost business to our ex- 21 ...... 29 35.29 30.99 4.3 22 ...... 32 15.00 15.00 0.0 labor. We know that in China 5 to 50 porters and manufacturers partly due 23 ...... 33 18.37 10.64 7.7 million children are currently working to the lack of reciprocity between this 24 ...... 34 30.00 59.00 ¥29.0 market and the Chinese market where, 25 ...... 41 41.25 36.17 5.1 under slave labor conditions in horren- 26 ...... 42 29.12 25.83 3.3 dous sweatshops. We also know that 80 under China MFN, we give China a 2- 27 ...... 43 46.00 45.35 0.7 percent tariff advantage in our market- 28 ...... 51 19.59 18.71 0.9 to 90 percent of convicts in China are 29 ...... 52 21.26 21.51 ¥0.3 placed in forced labor conditions in place. They only have to pay 2 percent 30 ...... 53 31.54 31.51 0.0 Laogai prison camps in the name of re- for their goods come in here. Yet they 31 ...... 54 22.37 31.06 ¥8.7 32 ...... 55 85.35 50.22 35.1 education through labor, and there are charge us 40-percent tariff rates on a 33 ...... 56 5.38 5.05 0.3 plenty of publications available that whole range of products which I will be 34 ...... 57 39.33 30.15 9.2 35 ...... 58 33.37 32.09 1.3 describe what happens. In fact, some of submitting to the record as evidence 36 ...... 59 30.38 32.62 ¥2.2 our Members on both sides of the aisle here. And also the dual exchange rate 37 ...... 61 47.95 27.85 20.1 38 ...... 62 36.53 35.87 0.7 have gone into these camps, even re- system that they operate that truly 39 ...... 63 31.50 22.05 9.5 turning here at home with those gum disadvantages our exporters and acts 40 ...... 64 36.66 34.27 2.4 shoes and other products that are sold as a $15 billion tax in the form of tar- 41 ...... 65 70.73 66.17 4.6 42 ...... 66 44.79 28.74 16.1 into this marketplace which should not iffs due to this exchange rate differen- 43 ...... 67 14.97 13.45 1.5 even be allowed over our borders. tial on our manufacturers exporting H7706 CONGRESSIONAL RECORD — HOUSE July 17, 1996 TABLE A3.3A: CHINA: STRUCTURE OF PRODUCTION, IMPORTS AND EXPORTS [By two-digit SITC (revision 2) category, 1985]

GVIO GVIO Imports Exports Share of 1985 1985 1985 1985 GVIO (Cur- (Cur- (Cur- (Cur- 1985 Imports/ Exports/ rent) (Y rent) ($ rent) ($ rent) ($ (% GVIO GVIO Serial No. SITC 2 code Label mil.) mil.) mil.) mil.) total) (%) (%)

0 ...... Live animals, chiefly for food ...... 1 ...... 1 ...... Meat and preparations ...... 11,577 3,942 6.3 431.1 1.4 0.2 10.9 2 ...... 2 ...... Dairy products, birds’ eggs ...... 1,179 402 29.1 53.1 0.1 7.2 13.2 3 ...... 3 ...... Fish and preparations ...... 1,067 363 41.3 267.9 0.1 11.4 73.8 4 ...... 4 ...... Cercals and preparations ...... 26,443 9,004 902.7 1007.5 3.3 10.0 11.2 5 ...... 5 ...... Vegetables and fruit ...... 4,011 1,366 47.5 781.6 0.5 3.5 57.2 6 ...... 6 ...... Sugar and preps, honey ...... 8,119 2,765 263.1 74.1 1.0 9.5 2.7 7 ...... 7 ...... Coffee, tea, cocoa, spices ...... 3,407 1,160 38.5 484.7 0.4 3.3 35.7 8 ...... 8 ...... Feeding stuff for animals ...... 2,487 847 78.7 224.6 0.3 9.3 26.5 9 ...... 9 ...... Misc. edible products ...... 2,253 767 21.4 62.0 0.3 2.8 8.1 10 ...... 11 ...... Beverages ...... 13,713 4,669 20.2 67.5 1.7 0.4 1.4 11 ...... 12 ...... Tobacco and manufactures ...... 20,226 6,887 173.3 32.9 2.5 2.5 0.5 21 ...... Oilseeds and oleaginous fruit ...... 22 ...... Hides, skins, furskins ...... 12 ...... 23 ...... Rubber, crude ...... 371 126 205.5 3.5 0.0 162.5 2.8 13 ...... 24 ...... Cork and wood ...... 8,069 2,748 812.5 8.9 1.0 29.6 0.3 14 ...... 25 ...... Pulp and waste paper ...... 58 20 208.8 0.2 0.0 1056.8 1.2 15 ...... 26 ...... Textile fibers and waste ...... 18,589 6,330 1,031.8 1,076.6 2.3 16.3 17.0 16 ...... 27 ...... Crude fertilizer, minerals nes ...... 5,173 1,762 51.4 250.3 0.6 2.9 14.2 17 ...... 28 ...... Metalliferous ores, scrap ...... 3,640 1,239 520.7 214.8 0.4 42.0 17.3 18 ...... 29 ...... Crude animal, veg. mat nes ...... 4,662 1,588 91.4 377.0 0.6 5.8 23.7 19 ...... 32 ...... Coal, coke and briquettes ...... 24,393 8,306 59.7 328.4 3.0 0.7 4.0 20 ...... 33 ...... Petroleum and products ...... 45,980 15,657 46.4 6,300.5 5.7 0.3 40.2 21 ...... 34 ...... Gas, natural and manufactured ...... 1,556 530 1.9 3.1 0.2 0.4 0.6 22 ...... 35 ...... Electric current ...... 29,195 9,941 53.9 2.6 3.6 0.5 0.0 23 ...... 41 ...... Animal oils and fats ...... 24 ...... 42 ...... Fixed vegetable oil, fat ...... 6,813 2,320 83.4 125.5 0.8 3.6 5.4 25 ...... 43 ...... Processed animal veg oil, etc...... 197 67 2.8 0.9 0.0 4.1 1.4 26 ...... 51 ...... Organic chemicals ...... 8,974 3,056 648.9 291.7 1.1 21.2 9.5 27 ...... 52 ...... Inorganic chemicals ...... 9,067 3,088 298.5 270.3 1.1 9.7 8.8 28 ...... 53 ...... Dyes, tanning, color prod ...... 6,198 2,110 131.2 72.7 0.8 6.2 3.4 29 ...... 54 ...... Medicinal, pharm. products ...... 8,078 2,751 96.1 280.8 1.0 3.5 10.2 30 ...... 55 ...... Perfume, cleaning, etc., prd ...... 5,612 1,911 24.1 103.5 0.7 1.3 5.4 31 ...... 56 ...... Fertilizers, manufactured ...... 13,223 4,503 1,375.6 1.7 1.6 30.5 0.0 32 ...... 57 ...... Explosives, pyrotech prod ...... 832 283 1.4 106.0 0.1 0.5 37.4 33 ...... 58 ...... Plastic materials, etc...... 11,705 3,986 1,346.4 39.1 1.4 33.8 1.0 34 ...... 59 ...... Chemical materials nes ...... 7,446 2,536 236.3 114.8 0.9 9.3 4.5 35 ...... 61 ...... Lather, dressed fur, etc...... 4,037 1,375 135.6 42.1 0.5 9.9 3.1 36 ...... 62 ...... Rubber manufactures nes ...... 10,646 3,625 14.1 48.7 1.3 0.4 1.3 37 ...... 63 ...... Wood, cork manufactures nes ...... 2,639 898 244.5 23.9 0.3 27.2 2.7 38 ...... 64 ...... Paper, paperboard and mfr ...... 15,989 5,444 407.2 142.1 2.0 7.5 2.6 39 ...... 65 ...... Textile yarn, fabrics, etc...... 97,651 33,252 1,502.3 3.051.7 12.0 4.5 9.2 40 ...... 66 ...... Nonmetal mineral mfs nes ...... 41,542 14,146 308.3 213.1 5.1 2.2 1.5 41 ...... 67 ...... Iron and steel ...... 55,054 18,747 6,650.0 110.3 6.8 35.5 0.6 42 ...... 68 ...... Nonferrous metals ...... 20,220 6,885 1,532.7 193.6 2.5 22.3 2.8 43 ...... 69 ...... Metal manufactures nes ...... 21,021 7,158 328.5 400.0 2.6 4.6 5.6 44 ...... 71 ...... Power generating equipment ...... 15,154 5,160 302.0 46.3 1.9 5.9 0.9 45 ...... 72 ...... Machs for special industries ...... 26.965 9,182 4,902.6 142.6 3.3 53.4 1.6 46 ...... 73 ...... Metalworking machinery ...... 11,634 3,962 287.8 27.1 1.4 7.3 0.7 47 ...... 74 ...... General industrial machinery nes ...... 18,933 6,447 980.6 47.9 2.3 15.2 0.7 48 ...... 75 ...... Office machines, adp. equipment ...... 1,532 522 956.6 9.8 0.2 183.4 1.9 49 ...... 76 ...... Telecomm, sound equipment ...... 13,803 4,700 2,389.5 85.8 1.7 50.8 1.8 50 ...... 77 ...... Electric machinery nes, etc...... 36,746 12,513 1,249.4 111.4 4.5 10.9 0.9 51 ...... 78 ...... Road vehicles ...... 29,775 10.139 3,063.0 54.5 3.7 30.2 0.5 52 ...... 79 ...... Other transport equipment ...... 7,830 2,666 1,366.7 193.3 1.0 51.3 7.3 53 ...... 81 ...... Plumbing, heating, lighting equipment ...... 1,625 553 35.6 35.2 0.2 6.4 6.4 54 ...... 82 ...... Furniture, parts thereof ...... 4,735 1,612 32.7 85.3 0.6 2.0 5.3 55 ...... 83 ...... Travel goods, handbags ...... 860 293 2.5 79.0 0.1 0.9 27.0 56 ...... 84 ...... Clothing and accessories ...... 16,301 5,551 13.8 1935.9 2.0 0.2 34.9 57 ...... 85 ...... Footwear ...... 9,801 3,337 7.0 242.3 1.2 0.2 7.3 58 ...... 87 ...... Precision instruments nes ...... 7,068 2,407 835.8 31.8 0.9 34.7 1.3 59 ...... 88 ...... Photo equ. optical goods, etc...... 3,950 1,345 371.0 60.3 0.5 27.6 4.5 89 ...... Misc manufactured goods nes ...... 21,640 7,369 500.1 813.9 2.7 6.8 11.0 95 ...... Not classified elsewhere ...... 21,640 7,369 500.1 813.9 2.7 6.8 11.0 97 ...... Not classified elsewhere ...... Total ...... 811,463 811,463 37,371.2 21,619.0 100.0 Source: China Statistical Yearbook, 1991 p. 360 for 1990 data on GVIO, NVIO; China Industrial Census for 1985 date.

TABLE A2.8: TRENDS IN EXCHANGE RATES

Real effec- Nominal ef- Weighted Real effec- tive ex- Nominal ef- fective ex- exchange tive ex- change rate fective ex- change rate Offical ex- Secondary rate for ex- change rate (secondary change rate (secondary change rate market rate ports (Yuan/ (official) market) (official) market) Year-quarter (Yuan/$) (Yuan/$) $) 1980=10 (1980=10) 1980=10 1980=10

1987–I ...... 3.72 5.25 4.39 4.05 2.87 5.41 3.84 1987–II ...... 3.72 5.3 4.42 3.96 2.78 5.31 3.73 1987–III ...... 3.72 5.46 4.49 4.07 2.78 5.44 3.71 1987–IV ...... 3.72 5.61 4.55 3.97 2.78 5.24 3.48 1988–I ...... 3.72 5.7 4.59 3.97 2.64 5.17 3.38 1988–II ...... 3.72 6.3 4.86 4.13 2.59 5.23 3.09 1988–III ...... 3.72 6.6 4.99 4.67 2.44 5.60 3.16 1988–IV ...... 3.72 6.65 5.01 4.72 2.63 5.48 3.07 1989–I ...... 3.72 6.65 5.01 4.95 2.64 5.67 3.17 1989–II ...... 3.72 6.6 4.99 5.23 2.77 6.06 3.42 1989–III ...... 3.72 6.55 4.97 5.24 2.95 6.36 3.61 1989–IV ...... 3.89 5.9 4.77 4.86 2.98 6.16 4.07 1990–I ...... 4.72 5.91 5.24 3.93 3.21 5.26 4.20 1990–II ...... 4.72 5.81 5.20 3.96 3.14 5.45 4.43 1990–III ...... 4.72 5.8 5.20 3.70 3.22 5.27 4.39 1990–IV ...... 4.97 5.7 5.29 3.33 3.08 4.84 4.24 1991–I ...... 5.22 5.8 5.68 3.19 2.92 4.75 4.33 1991–II ...... 5.31 5.84 5.73 3.33 2.91 4.95 4.33 1991–III ...... 5.36 5.87 5.77 3.30 3.03 4.93 4.51 1991–IV ...... 5.39 5.87 5.77 3.15 3.02 4.79 4.36 1992–I ...... 5.46 5.95 5.85 3.12 2.87 4.80 4.37 1992–II ...... 5.5 6.25 6.10 3.13 2.75 4.84 4.26 1992–III ...... 5.5 7 6.70 3.07 2.46 4.76 3.81 1993–I ...... 5.73 8.41 7.87 3.16 3.17 4.88 3.35 Source: International Monetary Fund and Staff Estimates. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7707 POINT OF ORDER the exporter in China? Who knows volves dutiable goods. Nobody contests The CHAIRMAN. Does the gentleman what the motivation might be of the that. from Maryland insist on his point of party making known. Fourth, the operation of this amend- order? I urge the Chair, I urge those making ment would clearly affect and in some Mr. HOYER. Yes, Mr. Chairman, I re- this determination to carefully con- way would arrest the flow of goods. served the point of order, and may I be sider the premise underlying the mak- That is, when the Customs Service be- recognized under my reservation? ing in order of these amendments. I comes aware of any imports from The CHAIRMAN. The gentleman would say to the chairman, who is a China of products using prison, slave, from Maryland wishes to pursue his distinguished member of the Commit- or child labor, even though they have point of order and is recognized. tee on Rules and a leader on his side of no legal authority, perhaps, to deny Mr. HOYER. Mr. Chairman, pre- the aisle and in this House on rules them entry into the United States, viously on another amendment, the changes, that we need to carefully re- when they become aware of it, then all Solomon amendment, I raised the issue view what we are generating in this funding relating to trade relations be- with respect to these, quote, ‘‘made House, not as it relates to the sub- tween the United States and China known’’ amendments. Members are of- stance of either the amendment offered would cease. That means Customs has fering these made known amendments by the gentlewoman from Ohio [Ms. no ability, no funding, therefore no so that they comply with the rules. It KAPTUR] or the gentleman from New ability, to collect tariff revenues which is understandable. York [Mr. SOLOMON], but in terms of are now being collected under current In this case I strongly agree with the what we are getting ourselves into in law due on the importation of goods gentlewoman from Ohio [Ms. KAPTUR], terms of a policy of telling to our Fed- that come from the People’s Republic as she knows, and I have been very con- eral officials who are responsible for of China. cerned about the practices of countries carrying out their duties and respon- That is why I would argue, Mr. Chair- around the world, and specifically, of sibilities. We are suggesting if some- man, that this amendment has an inev- course, the People’s Republic of China. body calls you up and makes it known itable, a direct, and irrefutable effect However, the reason I reserved the to you, you cannot spend any money on revenues. Therefore, consequently, point of order is to again make the and you cannot pursue the objectives. the amendment is a tariff measure sub- point to the Members of the House to I suggest that makes no sense. There- ject to a point of order made under rule look at the language of this made fore, I again respectfully suggest that XXI, clause 5(b). In light of the fact the known amendment: None of the funds the underlying rationale of the sustain- measure was not reported by the Com- made available in this act for the U.S. ing of this kind of amendment as con- mittee on Ways and Means, which has Custom Service may be used to make, sistent with the rules ought to be over- jurisdiction on tariff measures, I be- issue, prescribe, take, implement, ad- turned. lieve this point of order applies, and I minister or enforce any determination, The CHAIRMAN. The Chair appre- would urge the Chair to sustain the finding, rule, order, policy or other ac- ciates the recommendation of the gen- point of order. The CHAIRMAN. Are there any Mem- tion relating to trade relations be- tleman from Maryland. bers who wish to be heard in opposition tween the United States and the Peo- Mr. KOLBE. Mr. Chairman, I also to either the point of order of the gen- ple’s Republic of China when it is made rise on a point of order, a different tleman from Maryland [Mr. HOYER] or point of order. known to the Federal official. the point of order of the gentleman Now, here we do not even know which I make a point of order against the from Arizona [Mr. KOLBE]? amendment on the grounds that it Federal official it is. Ms. KAPTUR. I do, Mr. Chairman. When it is made known to the Fed- cites clause 5(b) of rule XXI of the The CHAIRMAN. The Chair recog- eral official having authority to obli- House, and ask that I be heard. nizes the gentlewoman from Ohio [Ms. The CHAIRMAN. The gentleman gate or expend such funds that such de- KAPTUR]. termination, finding, rule, order policy from Arizona [Mr. KOLBE] is recognized Ms. KAPTUR. I listened carefully to or other action has the effect of allow- on the point of order. the gentleman’s argument, Mr. Chair- ing imports into the United States of Mr. KOLBE. Mr. Chairman, clause man, on the point of order. I must products of the People’s Republic of 5(b) of rule XXI states that no amend- point out that the section that the gen- China that were mined, produced or ment that includes a tax or a tariff tleman refers to, I think, rule XXI, manufactured with the use of prison measure may be considered in the clause 5(b), this particular amendment slave or child labor. House of Representatives to a bill that that we are offering, which is not the I agree with that sentiment. is reported from any committee that one that was listed in the Congres- does not have jurisdiction. b 1445 sional Digest this morning, is a dif- This amendment clearly contains a ferent amendment. But let me suggest to the Members tariff measure. It is a tariff measure in The reason that this does not violate what it requires the Federal officials to the form of prohibiting the use of funds that rule is simply because there is os- do. The Federal official, first of all, has in the bill to enforce policies, regula- tensibly no tariff revenue collected on to make a determination—was it man- tions, rules, relating to trade relations these Chinese goods made under these ufactured, mined, produced with pris- between the United States and the Peo- conditions because the U.S. Customs on, slave, or child labor? So the Fed- ple’s Republic of China. Department should be complying with eral official must do that, presumably, The primary role of the Customs the law. In other words, these goods unless he simply or she simply takes at Service in regulating trade relations should not be coming over our shores, face value the representation of any- with China, in fact almost its only one, and, therefore, revenues should not be body, because the made-known amend- is to collect customs duties on imports being collected on them. ments do not specify who it is, of any- from China. Therefore, this amendment So this particular amendment is rev- body who calls up and says to that Fed- has a direct and inevitable, let me re- enue-neutral, unlike, perhaps, another eral official: Hey, guess what, your peat, inevitable effect on tariff reve- amendment that was being con- rule, regulation, or policy has the ef- nues. templated which might have been prop- fect of accepting goods from China To be somewhat more specific, first, er to raise a point of order against yes- which are produced by slave or child Customs is the only Government agen- terday. This is a different amendment. labor. cy directly responsible for collecting Therefore, it does not have any revenue There is a problem with these made- tariffs on imported products. Nobody impact. It does not violate any juris- known amendments. Is the Federal of- else can do that. Second, the only diction of any other committee in this ficial to simply take that at face value source of funding for the Customs Serv- Chamber. It merely asks the Customs no matter who picks up the phone and ice is through the appropriation bill. Service to enforce the laws that we calls or writes? A competitor? Some- That is the act we are considering here have placed on them, but it does not body who wants to undermine trade? today. have any revenue impact. Somebody who wants to attack the im- Third, the United States currently Mr. KOLBE. Mr. Chairman, I would porter? Somebody who wants to attack engages in trade with China that in- like to speak on the point of order. H7708 CONGRESSIONAL RECORD — HOUSE July 17, 1996 The CHAIRMAN. The Chair recog- fered by the gentlewoman from Ohio Mr. MICA. Mr. Chairman, I ask unan- nizes the gentleman from Arizona. violates clause 5(b) of rule XXI prohib- imous consent to strike the last word. Mr. KOLBE. If I might respond, Mr. iting the consideration of an amend- The CHAIRMAN. Is there objection Chairman, I am aware that the amend- ment carrying a tax or tariff measure to the request of the gentleman from ment that the gentlewoman from Ohio to a bill reported by a committee not Florida? has offered is different, considerably having that jurisdiction. There was no objection. different, I might say, than the one The amendment offered by the gen- The CHAIRMAN. The gentleman that was the subject of the unanimous- tlewoman from Ohio seeks to prohibit form Florida [Mr. MICA] is recognized consent agreement yesterday. use of funds made available by the bill for 5 minutes. However, the point of order that I for the Customs Service to take any POINT OF ORDER made was made against that amend- action relating to trade relations be- Mr. HOYER. Point of order, Mr. ment that was offered here today, not tween the United States and the Peo- Chairman. against the one that was being offered ple’s Republic of China when it is made the CHAIRMAN. The gentleman will yesterday. I believe my point of order known to the appropriate Federal offi- state his point of order. still applies, most particularly because cial that such action would have a Mr. HOYER. Mr. Chairman, is strik- prison slave and child labor are unde- specified effect. ing the last word in order under the fined here. Therefore, child labor is not Clause 5(b) of rule XXI provides a unanimous-consent agreement? subject to the legislation which the point of order against an amendment The CHAIRMAN. The gentleman gentlewoman referred to. carrying a tax or tariff measure to a asked unanimous consent to strike the Therefore, if the simple statement is bill reported by a committee not hav- last word. There was no objection, and made, as the gentleman from Maryland ing that jurisdiction. In determining he was recognized for 5 minutes. [Mr. HOYER] pointed out earlier that whether a limitation on a general ap- Mr. HOYER. Fine, Mr. Chairman. something is subject to this, then it propriation bill constitutes a tax or Mr. MICA. Mr. Chairman, I would would be made known, and therefore tariff measure proscribed by clause like to enter into a colloquy with the all funding would cease immediately to 5(b), the Chair must consider among gentleman from Iowa [Mr. LIGHTFOOT]. the Customs Service for its work in other things whether the limitation Mr. Chairman, I am deeply concerned China. Therefore that would have an would inevitably change revenue col- about the practice of the Office of Per- effect on tariffs. lections. As stated on page 655 of House sonnel Management of turning over It is inevitable. It must have an ef- Rules and Manual, the burden is on the Federal employees’ home addresses to fect. That is the whole point of the labor organizations. This practice I be- gentlewoman’s amendment, to have Member making the point of order to show the inevitability of the tariff lieve is an egregious violation of the that kind of effect. Therefore, it would privacy of Federal employees. have that effect. It has not been re- change. The amendment offered by the gen- On April 17, 1996, OPM, the Office of ported by the Committee on Ways and tlewoman from Ohio [Ms. KAPTUR] Personnel Management, put into effect Means, and rule XXI clause 5(b) does would cause funding for the United a proposal to give bargaining unit em- apply. ployees home addresses to the labor The CHAIRMAN. Does the gentle- States Customs Service for any action, including duties, rules, and policies re- unions. This was instituted despite a woman from Ohio [Ms. KAPTUR] wish to 1994 Supreme Court decision that held be heard further on the point of order? lating to trade relations between the in fact that the Privacy Act prohibited Ms. KAPTUR. Yes, Mr. Chairman. United States and the People’s Repub- The CHAIRMAN. The Chair recog- lic of China, to cease when certain in- unions from obtaining the home ad- nizes the gentlewoman from Ohio [Ms. formation becomes known to the offi- dresses of Federal employees under the KAPTUR]. cial concerned. Freedom of Information Act. Ms. KAPTUR. Mr. Chairman, I just Taking notice of the fact that some To get around the Supreme Court de- wanted to take a few seconds to say of the dutiable goods mentioned by the cision, OPM created what is called a that if the Chair were to sustain the gentlewoman from Ohio produced in routine use under the Privacy Act. gentleman’s point of order, it would the People’s Republic of China cur- Documents show that the administra- mean that in that act, the Chair sanc- rently enter the customs territory of tion lawyers developed this method of tions illegal goods coming into the the United States under existing law evading the Supreme Court’s ruling in United States with revenue being col- where tariffs are assessed by the Cus- response to a request from the Vice lected on those goods against the in- toms Service using funds in this bill, President. tent of our law. It would also mean the Chair finds that the operation of In light of what I consider the im- that the U.S. Customs Service is break- the instant limitation would arrest the proper and unjustified collection of ing the law. flow of certain dutiable imports. Thus, FBI files of former White House Repub- Finally, it would mean that the ques- the amendment would inevitably affect lican staffers and the release of em- tion for the Member making the point revenue collections by the Customs ployees’ home addresses, it appears to of order is, what illegal goods are com- Service. me that this wholesale invasion of Fed- ing in and how much revenue is being Accordingly, the point of order is eral employees’ privacy is now becom- collected? It is aimed at enforcing cur- sustained. Are there further amend- ing the administration’s policy. rent law, which is well-defined in terms ments? Unfortunately, according to a letter of prison labor, child labor, and slave Mr. HOYER. Mr. Chairman, I do not sent to the president of the American labor. It is merely meant to send a have a further amendment at this Federation of Government Employees very strong signal to the customs agen- point in time, but I ask unanimous by the Director of Office of Manage- cy that it is time to enforce the laws consent that I be allowed to enter into ment and Budget, Alice Rivlin, the ad- on the books and the two memoranda a colloquy with the gentleman from ministration in fact intends that all of understanding and statements of co- Iowa [Mr. LIGHTFOOT] and the gen- other agencies will be releasing the operation with China. tleman from Florida [Mr. MICA]. names and home addresses of bargain- The CHAIRMAN. The Chair would in- The CHAIRMAN. Does the gentleman ing unit employees. quire of the gentleman from Maryland from Maryland [Mr. HOYER] move to I commend the gentleman, the chair- [Mr. HOYER] if he insists on his point of strike the last word? man, for his distinguished service, the order. Mr. HOYER. No, Mr. Chairman, I ask gentleman from Iowa [Mr. LIGHTFOOT], Mr. HOYER. No, Mr. Chairman. I unanimous consent to allow myself and and for including in the report lan- withdraw my point of order. the gentleman from Florida to enter guage in this bill language that ex- The CHAIRMAN. The Chair is pre- into a colloquy with the chairman. presses his concern about the violation pared to rule on the point of order that The CHAIRMAN. Under this request, of Federal employees’ privacy. has been propounded by the gentleman does the gentleman from Maryland However, I urge the gentleman to from Arizona [Mr. KOLBE]. plan to control the time of debate? further address this issue in the con- The gentleman from Arizona makes a Mr. HOYER. No, sir. I would think ference committee in light of the seri- point of order that the amendment of- that the chairman would control time. ousness of this practice. It may in fact July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7709 be necessary to include a statutory mitted to scrubbing these numbers as business of writing this very large con- prohibition against this practice. I was we move toward conference with the tract. Quite frankly, I have not been prepared to offer an amendment today, Senate. I would also like to point out convinced IRS is capable of managing a and I am not going to do that because to the gentleman it was never the in- contract of this size. There is simply of the cooperation of the chairman. I tention of the committee to hinder the too much evidence to the contrary to would ask if he would be willing to con- 1997 filing season. The amounts pro- ignore. Having said that, as I said in sider proposing that statutory lan- vided in this bill for 1997 are based on my opening statement, I invite Treas- guage be included in the conference numbers given to the committee by the ury to the table to begin negotiations committee. administration and the IRS. But I can with me on who should have respon- sibility for the contract. I am not wed- b 1500 assure the gentleman we will work to- gether to get the right numbers, ones ded to this contract going to DOD. Mr. LIGHTFOOT. Mr. Chairman, will that are built on a solid set of assump- Again, I have listened to the gentle- the gentleman yield? tions and are adequately justified. I am man’s concerns. I believe that they are Mr. MICA. I yield to the gentleman optimistic that my distinguished rank- very legitimate. I am very clearly will- from Iowa. ing member will be able to join me in ing to negotiate on this point, but Mr. LIGHTFOOT. Mr. Chairman, as this effort as we negotiate our bill with there is one point that I will not nego- the gentleman is aware, I am very the Department of the Treasury. tiate, and that is simply this: The IRS deeply concerned about the policy of Mr. HOYER. I thank the chairman is out of the business of TSM contract- the Clinton administration to release for his remarks. I will be pleased to ing. the home addresses of employees of the work with the chairman on this very Mr. HOYER. I thank the chairman Office of Personnel Management. I important issue. I would also appre- for that clarification. have included report language that di- ciate a bit more clarification regarding Mr. Chairman, I have one final point rects OPM to explain, in writing, why the operational components of the tax that needs clarification. The bill re- it failed to provide any notification to systems modernization program. As quires the IRS maintain taxpayer serv- the Committee on Appropriations. the bill is currently written, my con- ices at 1995 levels. I am concerned that I appreciate the gentleman’s concern, cern is that some programs, such as this provision will require IRS to re- and shall be very pleased to further electronic filing, will come to a stand- open walk-in taxpayer service centers consider this issue in conference. I look still. rather than allow IRS to rely on more forward to working with the gentleman What types of accommodations is the cost-effective telephone service. Can on this very important matter. chairman willing to make as we con- the gentleman clarify his intent on Mr. MICA. Mr. Chairman, I thank the ference this bill as it relates to the this provision? gentleman for his cooperation in this operational TSM programs? The CHAIRMAN. The time of the matter. Mr. LIGHTFOOT. If the gentleman gentleman from Maryland [Mr. HOYER] Mr. HOYER. Mr. Chairman, I ask will yield further, it is not my intent has expired. (On request of Mr. LIGHTFOOT, and by unanimous consent to strike the last to underfund either the current com- unanimous consent, Mr. HOYER was al- word. puter system referred to as ‘‘Legacy’’ lowed to proceed for 5 additional min- The CHAIRMAN. Without objection, or the operational components of TSM. the gentleman from Maryland is recog- utes.) I can assure the gentleman that it is Mr. HOYER. I yield to the gentleman nized for 5 minutes. not my intention nor desire to stop There was no objection. from Iowa. successful TSM programs such as the Mr. LIGHTFOOT. Mr. Chairman, I Mr. HOYER. Mr. Chairman, I would electronic filing initiative developed by can assure the gentleman that this pro- like to engage in a colloquy with the IRS. Unfortunately, IRS, has funded vision was carefully written so the IRS chairman of the subcommittee con- programs such as this together with can apply it in the broadest way pos- cerning the Internal Revenue Service. TSM. It is my hope that IRS can give sible. In other words, should IRS feel it Mr. Chairman, both the Secretary of this subcommittee a solid definition of is better to provide taxpayer assistance Treasury and I believe that the funding what is considered a legacy system, through the telephone, they would sim- levels provided in this bill for IRS, what is considered an operational TSM ply be able to do so. The only point of which are 11 percent below current program, and what is considered a de- this provision is to assure that tax- spending, will adversely affect the 1997 velopmental TSM program. On that payers receive the same level of service filing season and may in some in- basis, we are prepared to fund those that they did in 1995. stances ultimately impede the collec- successful TSM programs that can be Mr. HOYER. I thank the gentleman tion of taxes. I know that this is not justified in the upcoming year. for those comments. I share many of the chairman’s intention. I also under- Mr. HOYER. I thank the gentleman the chairman’s concerns as it relates to stand that the Senate has a higher for his clarification, and I would like to TSM as he knows, and we have worked spending allocation for the Treasury/ work closely with the chairman on this together to make those concerns Postal Subcommittee. In the event issue as we have on so many others. I known to the Treasury Department that the subcommittee receives a high- share his concerns that we need to de- and to the Internal Revenue Service. I er allocation when we go to conference velop a very solid and clear definition believe we must take strong action to with the Senate, can the chairman of what operational TSM is, what is de- be sure this program is ultimately suc- share his intentions regarding specific velopmental TSM, and what is consid- cessful and gives us a tax administra- funding levels for IRS? ered a legacy system. tion system that is efficient and effec- Mr. LIGHTFOOT. Mr. Chairman, will Mr. Chairman, I would also like to tive. I am committed to working with the gentleman yield? have clarified the issue of contracting the chairman on these and other im- Mr. HOYER. I yield to the gentleman out of TSM and specifically putting the portant issues as we move to con- from Iowa. responsibility for a new contract into ference with the Senate. Again I would Mr. LIGHTFOOT. Mr. Chairman, I the hands of the Department of De- reiterate my thanks to the chairman would like to commit to the gentleman fense. I cannot support, as the gen- for these clarifications. now that my intentions are to fully tleman knows, this proposal. Can the The CHAIRMAN. Are there further fund IRS at a level that would ensure gentleman share with me his intention amendments to the bill? not only a successful 1997 filing season as it relates to this issue? Mr. HOYER. Mr. Chairman, I ask but also an efficient and modernized Mr. LIGHTFOOT. If the gentleman unanimous consent that in lieu of of- IRS for the future. My goal all along will yield further, I understand my col- fering the last amendment I have listed has been simply to get the tax systems league’s concerns on this issue. We that I be allowed to address the House modernization program back on track. have very carefully listened to these for up to 10 minutes and to revise and Unfortunately, that means taking points, as we discussed this in sub- extend my remarks. some very dramatic steps. I understand committee and full committee. My The CHAIRMAN. Is there objection the legitimate concerns of the gen- point here is very simple. I am firmly to the request of the gentleman from tleman from Maryland and am com- committed to taking IRS out of the Maryland? H7710 CONGRESSIONAL RECORD — HOUSE July 17, 1996 There was no objection. a political difference. There may be po- essing of tax returns,’’ and every Amer- Mr. HOYER. Mr. Chairman, let me litical difference. There may be politi- ican wants their tax return timely start by commenting, as I have in the cal differences but there is a genuine processed. Why? Because if they are past, that all too often the American policy difference that is being dis- due a refund, they want it as quickly public sees on the floor of this House cussed. That policy difference is wheth- as possible. through C–SPAN or through other er this bill provides sufficient re- The gentleman from Texas [Mr. AR- means the Members fighting in a way sources to allow the Internal Revenue CHER], the chairman, is saying, we are that appears that they are not at all Service to collect fairly and properly putting that at risk in this bill. conversing or trying to work construc- the revenues due under the existing tax He goes on to say, ‘‘And the collec- tively toward solving the problems system and provide the funds both to tion of taxes impose a collateral risk of that confront this country. reduce the deficit and to fund very crit- impairing the IRS’s ability to provide One of the happy instances of my ical services. efficient customer services to the Na- service in the House of Representatives I see the chairman of the committee tion’s taxpayers.’’ is to serve both as chairman, with the on Veterans’ Affairs here. He cares b 1515 gentleman from Iowa as ranking mem- deeply, as I do, about making sure that ber, and now as ranking member with veterans’ services, which we owe them There is not a Member here that the gentleman from Iowa [Mr. LIGHT- and want to give them for their service wants to, as is the fear of the gen- FOOT] as the chairman. to the country, are funded properly. If tleman from Texas [Mr. ARCHER], un- He is a constructive, positive partici- IRS does not collect any moneys, I tell dermine the efficient customer service pant in the legislative process. He is a my friend from Arizona [Mr. STUMP], to the Nation’s taxpayers. man that tries to make common sense he will not nor will I have any money Let me refer to one additional item and to serve his constituents and the to support those objectives. that the gentleman from Texas [Mr. people of America as best he can. We Mr. Chairman, I have constructed a ARCHER] and the gentlewoman from have from time to time serious dis- chart here to incorporate the letter of Connecticut [Mrs. JOHNSON], as well as agreements, and the happy news is that June 26, and I want to refer to three of the gentleman from Florida [Mr. GIB- we have those disagreements as its comments, because again in a bipar- BONS] and the gentleman from Califor- friends. I would hope that more Ameri- tisan way, the gentleman from Texas nia [Mr. MATSUI], raise a concern cans could see that happening so that [Mr. ARCHER], the Republican chair- about. We are also very concerned that they would have more confidence in man of the Committee on Ways and some of the proposed budget cuts cre- their elected officials and in the proc- Means, which as all the Members know, ate a very significant risk. Hear me, ess which sometimes they come to be oversees the IRS and has the respon- my friends, hear the gentleman from frustrated with and lose faith in. sibility to make sure IRS is doing the Texas [Mr. ARCHER]. Mr. Chairman, I rise because the proper thing, as we do on the Commit- The gentleman from Minnesota chairman and I have had a significant tee on Appropriations, but our particu- raised the issue about the deficit. The disagreement, but in a constructive lar responsibility is to fund those serv- gentleman and I agree on that. Listen way. We have just had a colloquy ices. to what the gentleman from Texas [Mr. which clearly indicates that the chair- In the letter, the gentleman from ARCHER], not the Democrats, the gen- man and I are going to be working to- Texas [Mr. ARCHER] says this: However, tleman from Texas, who I would think gether to try to bridge those dif- contrary to the assertion in the sub- the gentleman from Minnesota agrees ferences, to ensure the proper oper- committee’s report that, ‘‘within the is equally, if not more, concerned ations of the offices under our respon- funds provided, the IRS should be able about the budget deficit than I am. He sibility. to accomplish its mission.’’ is certainly equally concerned. We are The chairman and I have agreed on That was clearly the premise of the very concerned that some of the pro- the law enforcement components and, subcommittee because the chairman posed budget cuts create a very signifi- very frankly, I think if we had more and the staff want to make sure the cant risk that substantial Federal rev- money, we would in some ways want to IRS can do its duties. But there is a enues could be lost, thereby exacerbat- further enhance the law enforcement significant disagreement. The gen- ing the Federal budget deficit prob- capabilities of the Treasury Depart- tleman from Texas [Mr. ARCHER] says, lems. That is the gentleman from ment’s law enforcement agencies. They ‘‘We are very concerned that the fund- Texas, Mr. ARCHER, talking, not the do a critically important job, and I ing levels in the subcommittee’s mark gentleman from Maryland, STENY congratulate the chairman for his ef- will seriously impair the IRS’s ability HOYER. We have a serious responsibil- forts in that regard. to perform its core responsibilities.’’ ity to be honest with the American Mr. Chairman, as I raised in my I tell my friends in the majority public, and we need to stand and say opening statement, and I want to reit- party, that is not some Democrat that yes, we want to save money. As I have erate, I will be opposing this bill, not- is just an apologist for Government. said before, I voted for a balanced withstanding the fact that I expect to The gentleman from Texas [Mr. AR- budget amendment on two or three or work constructively with the chairman CHER] is not known as that. He is a re- four occasions and believe in it and as we go to conference and in con- sponsible American who is chairman of continue to support it because we need ference to hopefully bring a bill back a committee who says that he is con- to bring down the deficit. to the House that we can both support cerned because their core responsibil- The good news in America today is and feel comfortable with. ities are important to all the people of that under President Clinton and the Mr. Chairman, I have referred to a America. previous Congress and this Congress, number of items, but in closing this de- The letter goes on to say, again we have brought the budget deficit bate in opposition to the passage of signed by the gentleman from Texas, down 4 years in a row. If you look at this bill, let me raise some specific Mr. ARCHER and NANCY JOHNSON, the the graph, it is at its lowest point since concerns again to remind the Members majority party’s Chair of the Oversight it was since 1980, 15 years ago, and it is why I believe this bill does not do what Subcommittee, ‘‘We are very concerned on a downward slope, and it is the first it ought to do. that the cuts proposed in funding for time, Mr. Chairman, that we have First of all, I refer again to the letter IRS Information Systems will seri- brought the deficit down 4 years in a of the Committee on Ways and means. ously endanger the IRS’s ability to per- row in this century. In 91 previous I refer to the committee’s letter be- form its most important functions.’’ years, 92 previous years, we had not ac- cause it comes from the Republican Again, they are saying you have not complished that objective. In 1993, 1994 chairman, the chairman is of the ma- just cut the flesh, not just the muscle, and 1996, we brought the deficit down 4 jority party, the gentleman from Texas you are down to bone in terms of the years in a row. We are on the right [Mr. ARCHER]. appropriate carrying out of the respon- track. Quite obviously, I want to make sure sibilities. We ‘‘will seriously endanger But what does the gentleman from that folks know that there is a legiti- the IRS’s ability to perform its most Texas, [Mr. ARCHER] say? The gen- mate policy difference here, not simply important functions, the timely proc- tleman from Texas [Mr. ARCHER] says, July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7711 and the committee’s leadership on both McCarthy Peterson (FL) Studds Stockman Thomas Watts (OK) McDermott Pickett Tanner Stump Thornberry Weldon (FL) sides of the aisle agrees, we are con- McInnis Pomeroy Thompson Stupak Tiahrt Weldon (PA) cerned that the proposed budget cuts McKinney Porter Thornton Talent Upton Weller create a very significant risk that the Meehan Pryce Thurman Tate Volkmer Whitfield budget deficit reduction effort will be Meek Rangel Torkildsen Tauzin Vucanovich Wicker Menendez Reed Torres Taylor (MS) Walker Young (AK) undermined. Vote against this bill. Meyers Richardson Torricelli Taylor (NC) Walsh Vote for deficit reduction and sound Millender- Rivers Towns Tejeda Wamp fiscal policies. McDonald Rose Traficant Miller (FL) Roukema Velazquez NOT VOTING—11 f Minge Roybal-Allard Vento Clayton Hall (OH) Slaughter Mink Rush Visclosky de la Garza Lincoln Wolf SEQUENTIAL VOTES POSTPONED Molinari Sabo Ward Ford McDade Young (FL) Moran Sanders Waters Gibbons Miller (CA) IN THE COMMITTEE OF THE Morella Sawyer Watt (NC) WHOLE Nadler Schroeder Waxman Neal Schumer White b 1538 The CHAIRMAN. Pursuant to House Obey Scott Williams Resolution 475, proceedings will now Olver Serrano Wilson Mr. KILDEE and Mr. POMBO resume on those amendments on which Owens Shays Wise changed their vote from ‘‘aye’’ to ‘‘no.’’ further proceedings were postponed, in Pallone Sisisky Woolsey Pastor Skaggs Wynn Mr. CUMMINGS, Mr. VENTO, and the following order: the amendment of- Payne (NJ) Spratt Yates Mrs. KELLY changed their vote from fered by the gentleman from Maryland Payne (VA) Stark Zeliff ‘‘no’’ to ‘‘aye.’’ Pelosi Stokes Zimmer [Mr. HOYER]; the amendment offered by So the amendment was rejected. the gentleman from New York [Mr. NOES—238 The result of the vote was announced SOLOMON]; and the amendment offered Allard Ewing Manzullo as above recorded. by the gentleman from Minnesota [Mr. Archer Fields (TX) Mascara GUTKNECHT]. Armey Flanagan McCollum AMENDMENT OFFERED BY MR. SOLOMON The Chair will reduce to 5 minutes Bachus Forbes McCrery The CHAIRMAN. The pending busi- the time for any electronic vote after Baker (CA) Fowler McHale ness is the demand for a recorded vote Baker (LA) Fox McHugh the first vote in this series. Ballenger Frisa McIntosh on the amendment offered by the gen- AMENDMENT OFFERED BY MR. HOYER Barcia Funderburk McKeon tleman from New York [Mr. SOLOMON] Barr Gallegly McNulty on which further proceedings were The CHAIRMAN. The pending busi- Barrett (NE) Ganske Metcalf ness is the demand for a recorded vote Bartlett Gekas Mica postponed, and on which the ayes pre- on the amendment offered by the gen- Barton Geren Moakley vailed by voice vote. tleman from Maryland [Mr. HOYER] on Bateman Gillmor Mollohan The Clerk will redesignate the Bereuter Goodlatte Montgomery which further proceedings were post- Bevill Goodling Moorhead amendment. poned and on which the noes prevailed Bilbray Goss Murtha The Clerk redesignated the amend- by voice vote. Bilirakis Graham Myers ment. Bliley Greene (UT) Myrick The Clerk will redesignate the Blute Gutknecht Nethercutt RECORDED VOTE amendment. Boehner Hall (TX) Neumann The CHAIRMAN. A recorded vote has The Clerk redesignated the amend- Bonior Hamilton Ney been demanded. ment. Bono Hancock Norwood Borski Hansen Nussle A recorded vote was ordered. RECORDED VOTE Brewster Hastert Oberstar The CHAIRMAN. A recorded vote has Browder Hastings (WA) Ortiz The CHAIRMAN. This will be a 5- been demanded. Brownback Hayes Orton minute vote. Bryant (TN) Hayworth Oxley The vote was taken by electronic de- A recorded vote was ordered. Bunn Hefley Packard The vote was taken by electronic de- Bunning Heineman Parker vice, and there were—ayes 107, noes 312, vice, and there were—ayes 184, noes 238, Burr Herger Paxon answered ‘‘present’’ 4, not voting 10, as Burton Hilleary Peterson (MN) follows: not voting 11, as follows: Buyer Hobson Petri [Roll No. 320] Callahan Hoekstra Pombo [Roll No. 321] Calvert Hoke Portman AYES—184 Camp Holden Poshard AYES—107 Abercrombie DeLauro Gunderson Canady Hostettler Quillen Allard Hastings (WA) Oberstar Ackerman Dellums Gutierrez Castle Hunter Quinn Archer Hayes Obey Andrews Deutsch Harman Chabot Hutchinson Radanovich Bateman Hayworth Packard Baesler Dicks Hastings (FL) Chambliss Hyde Rahall Bilbray Hefley Pallone Baldacci Dingell Hefner Chenoweth Inglis Ramstad Bliley Hinchey Paxon Barrett (WI) Dixon Hilliard Christensen Istook Regula Boehlert Holden Pomeroy Bass Doggett Hinchey Chrysler Jacobs Riggs Bryant (TX) Horn Porter Becerra Dooley Horn Clinger Johnson, Sam Roberts Burton Hunter Poshard Beilenson Durbin Houghton Coble Jones Roemer Callahan Jones Quillen Bentsen Ehrlich Hoyer Coburn Kanjorski Rogers Christensen Kanjorski Quinn Berman Engel Jackson (IL) Collins (GA) Kaptur Rohrabacher Chrysler Kennelly Rahall Bishop Eshoo Jackson-Lee Combest Kasich Ros-Lehtinen Clinger Kildee Reed Blumenauer Evans (TX) Cooley Kildee Roth Coble Kim Rivers Boehlert Farr Jefferson Costello Kim Royce Collins (GA) Kingston Ros-Lehtinen Bonilla Fattah Cox Condit Klink Johnson (CT) King Salmon Sanders Boucher Fawell Johnson (SD) Crane Kingston Sanford Costello Leach Sanford Brown (CA) Fazio Johnson, E. B. Crapo Kleczka Saxton Crane Lewis (CA) Saxton Brown (FL) Fields (LA) Johnston Cremeans Klink Scarborough Cunningham Lipinski Schaefer Brown (OH) Filner Kelly Cubin Knollenberg Schaefer Deal Livingston Schumer Bryant (TX) Flake Kennedy (MA) Cunningham LaFalce Schiff Diaz-Balart LoBiondo Sensenbrenner Campbell Foglietta Kennedy (RI) Danner LaHood Seastrand Dingell Longley Cardin Foley Kennelly Deal Largent Sensenbrenner Doyle Markey Shuster Chapman Frank (MA) Klug DeLay Latham Shadegg Ehlers Martini Smith (NJ) Clay Franks (CT) Kolbe Diaz-Balart LaTourette Shaw Ensign Mascara Solomon Clement Franks (NJ) Lantos Dickey Laughlin Shuster Evans McCrery Stearns Clyburn Frelinghuysen Lazio Doolittle Leach Skeen Ewing McHale Stockman Coleman Frost Levin Dornan Lewis (CA) Skelton Fawell McHugh Tanner Collins (IL) Furse Lewis (GA) Doyle Lewis (KY) Smith (MI) Fazio McNulty Tate Collins (MI) Gejdenson Lofgren Dreier Lightfoot Smith (NJ) Forbes Menendez Tauzin Condit Gephardt Lowey Duncan Linder Smith (TX) Franks (NJ) Metcalf Thurman Conyers Gilchrest Luther Dunn Lipinski Smith (WA) Frisa Mica Upton Coyne Gilman Maloney Edwards Livingston Solomon Ganske Mollohan Volkmer Cramer Gonzalez Markey Ehlers LoBiondo Souder Gejdenson Montgomery Walsh Cummings Gordon Martinez English Longley Spence Gephardt Neal Weldon (PA) Davis Green (TX) Martini Ensign Lucas Stearns Gilchrest Ney Weller DeFazio Greenwood Matsui Everett Manton Stenholm Gillmor Norwood Zimmer H7712 CONGRESSIONAL RECORD — HOUSE July 17, 1996 NOES—312 Vucanovich Waxman Wise Scarborough Solomon Tiahrt Walker Weldon (FL) Woolsey Schaefer Souder Torricelli Abercrombie Fields (TX) McKeon Wamp White Wynn Seastrand Stearns Upton Ackerman Filner McKinney Ward Whitfield Yates Sensenbrenner Stenholm Watts (OK) Andrews Flake Meehan Waters Wicker Young (AK) Shadegg Stockman Weldon (FL) Armey Flanagan Meek Watt (NC) Williams Zeliff Shays Stump Weldon (PA) Bachus Foglietta Meyers Watts (OK) Wilson Skelton Talent Weller Baesler Foley Millender- Smith (MI) Tate Whitfield Baker (CA) Fowler McDonald ANSWERED ‘‘PRESENT’’—4 Smith (NJ) Taylor (MS) Young (AK) Baker (LA) Fox Miller (FL) Bilirakis Myers Smith (WA) Thornberry Zimmer Baldacci Frank (MA) Minge LaHood Traficant Ballenger Franks (CT) Mink NOES—268 Barcia Frelinghuysen Moakley NOT VOTING—10 Abercrombie Franks (CT) Meyers Barr Frost Molinari de la Garza Lincoln Wolf Ackerman Franks (NJ) Millender- Barrett (NE) Funderburk Moorhead Ford McDade Young (FL) Andrews Frelinghuysen McDonald Barrett (WI) Furse Moran Gibbons Miller (CA) Armey Frisa Mink Bartlett Gallegly Morella Hall (OH) Slaughter Baesler Frost Moakley Barton Gekas Murtha Baker (LA) Furse Molinari Bass Geren Myrick Baldacci Gallegly Moran Becerra Gilman Nadler b 1549 Ballenger Ganske Morella Beilenson Gonzalez Nethercutt Barrett (NE) Gejdenson Murtha Bentsen Goodlatte Neumann Messrs. GRAHAM, GREENWOOD, Bass Gephardt Myers Bereuter Goodling Nussle WAMP, and WHITFIELD changed their Bateman Gibbons Nadler Berman Gordon Olver vote from ‘‘aye’’ to ‘‘no.’’ Becerra Gilchrest Neal Bevill Goss Ortiz Mr. CHRISTENSEN changed his vote Beilenson Gilman Nethercutt Bishop Graham Orton Bentsen Gonzalez Ney Blumenauer Green (TX) Owens from ‘‘no’’ to ‘‘aye.’’ Bereuter Goodling Nussle Blute Greene (UT) Oxley So the amendment was rejected. Berman Gordon Oberstar Boehner Greenwood Parker The result of the vote was announced Bevill Greene (UT) Obey Bonilla Gunderson Pastor Bilirakis Greenwood Olver Bonior Gutierrez Payne (NJ) as above recorded. Bishop Gunderson Ortiz Bono Gutknecht Payne (VA) AMENDMENT AS MODIFIED OFFERED BY MR , , . Bliley Gutierrez Owens Borski Hall (TX) Pelosi GUTKNECHT Blumenauer Hastert Oxley Boucher Hamilton Peterson (FL) Blute Hastings (FL) Packard Brewster Hancock Peterson (MN) The CHAIRMAN. The pending busi- Boehlert Hastings (WA) Pallone Browder Hansen Petri ness is the demand for a recorded vote Boehner Hefner Pastor Brown (CA) Harman Pickett on the amendment, as modified, offered Bonilla Hilleary Payne (NJ) Brown (FL) Hastert Pombo by the gentleman from Minnesota [Mr. Bonior Hilliard Payne (VA) Brown (OH) Hastings (FL) Portman Bono Hinchey Pelosi Brownback Hefner Pryce GUTKNECHT] on which further proceed- Borski Hobson Peterson (FL) Bryant (TN) Heineman Radanovich ings were postponed and on which the Boucher Hoke Pickett Bunn Herger Ramstad noes prevailed by voice vote. Brown (CA) Horn Pomeroy Bunning Hilleary Rangel Brown (FL) Houghton Porter Burr Hilliard Regula The Clerk will designate the amend- Brown (OH) Hoyer Portman Buyer Hobson Richardson ment. Bryant (TN) Hunter Poshard Calvert Hoekstra Riggs The Clerk designated the amend- Bryant (TX) Hutchinson Pryce Camp Hoke Roberts ment. Bunn Hyde Quinn Campbell Hostettler Roemer Burr Jackson (IL) Rahall Canady Houghton Rogers RECORDED VOTE Buyer Jackson-Lee Rangel Cardin Hoyer Rohrabacher The CHAIRMAN. A recorded vote has Callahan (TX) Reed Castle Hutchinson Rose Calvert Jefferson Regula Chabot Hyde Roth been demanded. Canady Johnson (CT) Riggs Chambliss Inglis Roukema A recorded vote was ordered. Cardin Johnson (SD) Rivers Chapman Istook Roybal-Allard The vote was taken by electronic de- Castle Johnston Rogers Chenoweth Jackson (IL) Royce vice, and there were—ayes 150, noes, Chambliss Kanjorski Rose Clay Jackson-Lee Rush Clay Kaptur Roybal-Allard Clayton (TX) Sabo 268, not voting 15, as follows: Clayton Kennedy (MA) Rush Clement Jacobs Salmon [Roll No. 322] Clement Kennedy (RI) Sabo Clyburn Jefferson Sawyer Clinger Kennelly Sanders Coburn Johnson (CT) Scarborough AYES—150 Clyburn Kildee Sawyer Coleman Johnson (SD) Schiff Allard Duncan Largent Coleman King Schiff Collins (IL) Johnson, E. B. Schroeder Archer Ensign Laughlin Collins (IL) Kingston Schroeder Collins (MI) Johnson, Sam Scott Bachus Everett Lewis (KY) Collins (MI) Kleczka Schumer Combest Johnston Seastrand Baker (CA) Ewing Linder Conyers Klink Scott Conyers Kaptur Serrano Barcia Fawell Lucas Costello Knollenberg Serrano Cooley Kasich Shadegg Barr Fields (TX) Luther Coyne Kolbe Shaw Cox Kelly Shaw Barrett (WI) Flanagan Manzullo Cummings LaFalce Shuster Coyne Kennedy (MA) Shays Bartlett Fowler McHale Davis LaHood Sisisky Cramer Kennedy (RI) Sisisky Barton Fox McInnis Deal Lantos Skaggs Crapo King Skaggs Bilbray Funderburk McIntosh DeFazio Latham Skeen Cremeans Kleczka Skeen Brewster Gekas Meehan DeLauro LaTourette Smith (TX) Cubin Klug Skelton Browder Geren Metcalf DeLay Lazio Spence Cummings Knollenberg Smith (MI) Brownback Gillmor Mica Dellums Leach Spratt Danner Kolbe Smith (TX) Bunning Goodlatte Miller (FL) Deutsch Levin Stark Davis LaFalce Smith (WA) Burton Goss Minge Dicks Lewis (CA) Stokes DeFazio Lantos Souder Camp Graham Montgomery Dingell Lewis (GA) Studds DeLauro Largent Spence Campbell Green (TX) Moorhead Dixon Lightfoot Stupak DeLay Latham Spratt Chabot Gutknecht Myrick Doggett Lipinski Tanner Dellums LaTourette Stark Chapman Hall (TX) Neumann Dooley LoBiondo Taylor (NC) Deutsch Laughlin Stenholm Chenoweth Hamilton Norwood Doyle Lofgren Tejeda Dickey Lazio Stokes Christensen Hancock Orton Dunn Longley Thomas Dicks Levin Studds Chrysler Hansen Parker Durbin Lowey Thompson Dixon Lewis (GA) Stump Coble Harman Paxon Edwards Maloney Thornton Doggett Lewis (KY) Stupak Coburn Hayes Peterson (MN) Ehlers Manton Thurman Dooley Lightfoot Talent Collins (GA) Hayworth Petri Ehrlich Markey Torkildsen Doolittle Linder Taylor (MS) Combest Hefley Pombo Engel Martinez Torres Dornan Lofgren Taylor (NC) Condit Heineman Quillen English Martini Towns Dreier Lowey Tejeda Cooley Herger Radanovich Eshoo Mascara Traficant Duncan Lucas Thomas Cramer Hoekstra Ramstad Evans Matsui Velazquez Dunn Luther Thompson Crane Holden Richardson Farr McCarthy Vento Durbin Maloney Thornberry Crapo Hostettler Roberts Fattah McCollum Visclosky Edwards Manton Thornton Cremeans Inglis Roemer Fazio McCrery Volkmer Ehrlich Manzullo Tiahrt Cubin Istook Rohrabacher Fields (LA) McDermott Vucanovich Engel Martinez Torkildsen Cunningham Jacobs Ros-Lehtinen Filner McHugh Walker English Matsui Torres Danner Johnson, Sam Roth Flake McKeon Walsh Eshoo McCarthy Torricelli Diaz-Balart Jones Roukema Foglietta McKinney Wamp Everett McCollum Towns Dickey Kasich Royce Foley McNulty Ward Farr McDermott Velazquez Doolittle Kelly Salmon Forbes Meek Waters Fattah McInnis Vento Dornan Kim Sanford Frank (MA) Menendez Watt (NC) Fields (LA) McIntosh Visclosky Dreier Klug Saxton July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7713 Waxman Williams Wynn reported that that Committee, having Goodling Lewis (CA) Roth White Wise Yates Goss Lewis (KY) Royce Wicker Woolsey Zeliff had under consideration the bill (H.R. Graham Lightfoot Salmon 3756) making appropriations for the Greene (UT) Linder Sanford NOT VOTING—15 Treasury Department, the U.S. Postal Greenwood Lipinski Saxton Cox Lincoln Slaughter Service, the Executive Office of the Gunderson Livingston Schaefer de la Garza Livingston Tauzin Gutknecht LoBiondo Schiff Ford McDade Wilson President, and certain independent Hancock Longley Seastrand Hall (OH) Miller (CA) Wolf agencies, for the fiscal year ending Hansen Lucas Sensenbrenner Johnson, E. B. Mollohan Young (FL) September 30, 1997, and for other pur- Hastert Manzullo Shadegg Hastings (WA) McCollum Shaw b 1557 poses, pursuant to House Resolution Hayes McCrery Shays 475, he reported the bill back to the Hayworth McHugh Shuster Ms. MCKINNEY changed her vote House with sundry amendments adopt- Heineman McIntosh Skeen from ‘‘aye’’ to ‘‘no.’’ ed by the Committee of the Whole. Herger McKeon Smith (MI) Hilleary Metcalf Smith (NJ) Mr. MCINTOSH changed his vote The SPEAKER pro tempore. Under from ‘‘no’’ to ‘‘aye.’’ Hobson Mica Smith (TX) the rule, the previous question is or- Hoekstra Miller (FL) Smith (WA) So the amendment was rejected. dered. Hoke Molinari Souder The result of the vote was announced Horn Moorhead Spence Is a separate vote demanded on any as above recorded. Hostettler Myers Stump amendment? If not, the Chair will then Houghton Myrick Talent PERSONAL EXPLANATION put them en gros. Hunter Nethercutt Tanner Ms. EDDIE BERNICE JOHNSON of Texas. Hutchinson Neumann Tate The amendments were agreed to. Hyde Ney Tauzin Mr. Chairman, during rollcall vote No. 322 on The SPEAKER pro tempore. The Inglis Norwood Taylor (NC) H.R. 3756 I was unavoidably detained. Had I question is on engrossment and third Istook Nussle Thomas been present, I would have voted ``No.'' reading of the bill. Johnson (CT) Parker Thornberry Mr. GILMAN. Mr. Chairman, the fiscal year Johnson, Sam Paxon Tiahrt The bill was ordered to be engrossed Jones Petri Traficant 1997 Treasury, Postal Service Appropriations and read a third time, and was read the Kasich Pombo Upton bill, would have cut the critical personnel lev- third time. Kelly Porter Vucanovich els for the Office of National Drug Control Pol- Kim Portman Walker MOTION TO RECOMMIT OFFERED BY MR. HOYER King Poshard Walsh icy [ONDCP] by $2.2 million, from the Presi- Kingston Pryce Wamp dent's original staffing level request. Mr. HOYER. Mr. Speaker, I offer a motion to recommit. Klug Quillen Watts (OK) While overall providing more monies than Knollenberg Quinn Weldon (FL) the administration originally requested for The SPEAKER pro tempore. Is the Kolbe Radanovich Weldon (PA) LaHood Ramstad Weller fighting drugs for ONDCP, the bill unwisely gentleman opposed to the bill? Mr. HOYER. I am, Mr. Chairman. Largent Regula White eliminated $2.2 million from ONDCP salaries. Latham Riggs Whitfield This would have forced the office to do without The SPEAKER pro tempore. The LaTourette Roberts Wicker 25 critical full-time employees [FTE's] needed clerk will report the motion to recom- Laughlin Rogers Young (AK) mit. Lazio Rohrabacher Zeliff to coordinate our Nation's battle against drugs. Leach Ros-Lehtinen The battle against drugs in recent years has The Clerk read as follows: NAYS—207 not progressed as well as many of us in the Mr. HOYER moves to recommit the bill, Congress hoped for under the Clinton admin- H.R. 3756, to the Committee on Appropria- Abercrombie Dooley Lantos tions. Ackerman Doyle Levin istration. This is particularly evident in the Allard Durbin Lewis (GA) alarming, soaring drug use we have all wit- The SPEAKER pro tempore. Without Andrews Engel Lofgren nessed since 1992, especially among our objection, the previous question is or- Baesler Eshoo Lowey Baldacci Evans Luther young people. dered on the motion to recommit. Barcia Farr Maloney The rise in drug abuse followed some Clin- There was no objection. Barrett (WI) Fattah Manton ton administration initial efforts in 1993 to di- The SPEAKER pro tempore. The Becerra Fazio Markey question is on the motion to recommit. Beilenson Fields (LA) Martinez minish the role of ONDCP in the government- Bentsen Filner Martini wide struggle against drugs, and a very un- The motion to recommit was re- Berman Flake Mascara wise cut of 80 percent of the staffing for jected. Bevill Foglietta Matsui ONDCP. The SPEAKER pro tempore. The Bishop Frank (MA) McCarthy Blumenauer Frost McDermott I am pleased by Chairman LIGHTFOOT's question is on the passage of the bill. Bonior Funderburk McHale amendment to restore full funding for ONDCP Pursuant to clause 7, rule XV, the Borski Furse McInnis staffing when a satisfactory staff plan is sub- yeas and nays are ordered. Boucher Gejdenson McKinney Brewster Gephardt McNulty mitted, and I support that effort. The vote was taken by electronic de- Browder Geren Meehan We ought not deny the newest ONDCP Di- vice and there were yeas 215, nays 207, Brown (CA) Gibbons Meek rector, General Barry McCaffrey the full staff- not voting 11, as follows: Brown (FL) Gonzalez Menendez ing he needs, requested, and that we have Brown (OH) Gordon Meyers [Roll No. 323] Bryant (TX) Green (TX) Millender- previously provided for his office. YEAS—215 Campbell Gutierrez McDonald The ONDCP Director has, even without Cardin Hall (TX) Minge Archer Callahan Duncan Chapman Hamilton Mink these limitations, an extremely difficult enough Armey Calvert Dunn Chenoweth Harman Moakley Bachus Camp Edwards job of formulating and executing the battle Clay Hastings (FL) Mollohan Baker (CA) Canady Ehlers against drugs at home, which are today de- Clayton Hefley Montgomery Baker (LA) Castle Ehrlich Clement Hefner Moran stroying our communities, schools, and our Ballenger Chabot English Clyburn Hilliard Morella youth. Barr Chambliss Ensign Coble Hinchey Murtha Barrett (NE) Christensen Everett It is gratifying that the fiscal year 1997 ap- Coleman Holden Nadler Bartlett Chrysler Ewing propriations bill for the Treasury and Postal Collins (IL) Hoyer Neal Barton Clinger Fawell Collins (MI) Jackson (IL) Oberstar Services will now guarantee full funding for Bass Coburn Fields (TX) Condit Jackson-Lee Obey Bateman Collins (GA) Flanagan ONDCP staffing. Conyers (TX) Olver Bereuter Combest Foley I complement Chairman LIGHTFOOT's efforts Cooley Jacobs Ortiz Bilbray Cox Forbes Costello Jefferson Orton and that of his Committee to restore full staff- Bilirakis Cramer Fowler Coyne Johnson (SD) Owens ing for ONDCP. Bliley Crane Fox Cummings Johnson, E. B. Oxley Blute Crapo Franks (CT) b Danner Johnston Pallone 1600 Boehlert Cremeans Franks (NJ) Davis Kanjorski Pastor Boehner Cubin Frelinghuysen The CHAIRMAN. Under the rule, the DeFazio Kaptur Payne (NJ) Bonilla Cunningham Frisa DeLauro Kennedy (MA) Payne (VA) Committee rises. Brownback Deal Gallegly Dellums Kennedy (RI) Pelosi Accordingly the Committee rose; and Bryant (TN) DeLay Ganske Deutsch Kennelly Peterson (FL) Bunn Diaz-Balart Gekas the Speaker pro tempore (Mr. LAHOOD) Dicks Kildee Peterson (MN) Bunning Dickey Gilchrest having assumed the chair, Mr. DREIER, Dingell Kleczka Pickett Burr Doolittle Gillmor Dixon Klink Pomeroy Chairman of the Committee of the Burton Dornan Gilman Doggett LaFalce Rahall Whole House on the State of the Union, Buyer Dreier Goodlatte H7714 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Rangel Skaggs Torricelli GOVERNMENT ACCOUNTABILITY Forbes Laughlin Roberts Reed Skelton Towns ACT OF 1996 Fowler Lazio Roemer Richardson Solomon Velazquez Fox Leach Rogers Rivers Spratt Vento The SPEAKER pro tempore. The un- Frank (MA) Levin Rohrabacher Roemer Stark Visclosky Franks (CT) Lewis (CA) Ros-Lehtinen Rose Stearns Volkmer finished business is the question de novo of suspending the rules and pass- Franks (NJ) Lewis (GA) Rose Roukema Stenholm Ward Frelinghuysen Lewis (KY) Roth Roybal-Allard Stockman Waters ing the bill, H.R. 3166, as amended. Frisa Lightfoot Roukema Rush Stokes Watt (NC) The Clerk read the title of the bill. Frost Linder Roybal-Allard Sabo Studds Waxman Funderburk Lipinski Royce Sanders Stupak Williams PARLIAMENTARY INQUIRY Furse Livingston Sawyer Taylor (MS) Wilson Rush Mr. CONYERS. Parliamentary in- Gallegly LoBiondo Scarborough Tejeda Wise Sabo Ganske Lofgren Schroeder Thompson Woolsey quiry, Mr. Speaker. Salmon Gejdenson Longley Schumer Thornton Wynn The SPEAKER pro tempore. The gen- Sanders Scott Thurman Yates tleman will state it. Gekas Lowey Sanford Gephardt Lucas Serrano Torkildsen Zimmer Mr. CONYERS. Mr. Speaker, can this Sawyer Sisisky Torres Geren Luther Saxton measure be brought to a vote when a Gibbons Maloney Scarborough NOT VOTING—11 report has not been filed, and there has Gilchrest Manton Schaefer Bono Lincoln Slaughter been no opportunity for additional or Gillmor Manzullo Schiff Gilman Markey de la Garza McDade Wolf dissenting views? Schroeder Ford Miller (CA) Young (FL) Gonzalez Martinez Schumer Hall (OH) Packard The SPEAKER pro tempore. The an- Goodlatte Martini Scott swer is yes. Goodling Mascara b 1620 Seastrand Mr. CONYERS. Mr. Speaker, I think Gordon Matsui Sensenbrenner Mr. WILSON and Mr. COSTELLO Goss McCarthy Serrano the Chair will find that it is customary Graham McCollum changed their vote from ‘‘yea’’ to that reports be filed with legislation Shadegg Green (TX) McCrery Shaw ‘‘nay.’’ brought up on the suspension calendar. Greene (UT) McDermott Messrs. ROBERTS, TIAHRT, SCHAE- Shays Is that not correct? Greenwood McHale Shuster Gunderson McHugh FER, GRAHAM, NEUMANN, SENSEN- The SPEAKER pro tempore. The Sisisky Gutierrez McInnis BRENNER, and HANCOCK changed Skaggs Chair indicated yesterday that reports Gutknecht McKeon Skeen their vote from ‘‘nay’’ to ‘‘yea.’’ Hall (TX) McKinney are not required. Skelton So the bill was passed. Hamilton McNulty The question is on the motion offered Smith (MI) The result of the vote was announced Hancock Meehan by the gentleman from Florida [Mr. Smith (NJ) Hansen Meek as above recorded. Smith (TX) MCCOLLUM] that the House suspend the Harman Menendez A motion to reconsider was laid on Smith (WA) rules and pass the bill, H.R. 3166, as Hastert Metcalf the table. Solomon Hastings (FL) Meyers amended. Souder f Hastings (WA) Mica The question was taken. Spence Hayes Millender- Spratt GENERAL LEAVE RECORDED VOTE Hayworth McDonald Stark Mr. LIGHTFOOT. Mr. Speaker, I ask C Hefley Miller (FL) Mr. M COLLUM. Mr. Speaker, I de- Stearns unanimous consent that all Members mand a recorded vote. Hefner Minge Heineman Mink Stenholm may have 5 legislative days in which to A recorded vote was ordered. Herger Moakley Stockman revise and extend their remarks on the The vote was taken by electronic de- Hilleary Molinari Stokes further consideration of H.R. 3756, and vice, and there were—ayes 417, noes 6, Hilliard Mollohan Studds Hinchey Montgomery Stump that I may include tabular and extra- not voting 10, as follows: Stupak neous material. Hobson Moorhead [Roll No. 324] Hoekstra Moran Talent The SPEAKER pro tempore (Mr. AYES—417 Hoke Morella Tanner LAHOOD). Is there objection to the re- Holden Murtha Tate Abercrombie Brownback Cunningham Myrick Tauzin quest of the gentleman from Iowa? Ackerman Bryant (TN) Danner Horn There was no objection. Hostettler Nadler Taylor (MS) Allard Bryant (TX) Davis Taylor (NC) f Andrews Bunn Deal Houghton Neal Hoyer Nethercutt Tejeda Archer Bunning DeFazio Thomas Armey Burr DeLauro Hunter Neumann REMOVAL OF NAME OF MEMBER Thompson Bachus Burton DeLay Hutchinson Ney AS COSPONSOR OF H.R. 3505 Thornberry Baesler Buyer Dellums Hyde Norwood Thornton Mr. PETERSON of Minnesota. Mr. Baker (CA) Callahan Deutsch Inglis Nussle Thurman Speaker, I ask unanimous consent that Baker (LA) Calvert Diaz-Balart Istook Oberstar Baldacci Camp Dickey Jackson (IL) Obey Tiahrt my name be removed as a cosponsor of Ballenger Campbell Dicks Jackson-Lee Olver Torkildsen H.R. 3505. Barcia Canady Dingell (TX) Ortiz Torres The SPEAKER pro tempore. Is there Barr Cardin Dixon Jacobs Orton Torricelli objection to the request of the gen- Barrett (NE) Castle Doggett Jefferson Owens Towns Barrett (WI) Chabot Dooley Johnson (CT) Oxley Traficant tleman from Minnesota? Bartlett Chambliss Doolittle Upton There was no objection. Johnson (SD) Pallone Barton Chapman Dornan Johnson, E. B. Parker Velazquez f Bass Chenoweth Doyle Johnson, Sam Pastor Vento Bateman Christensen Dreier Johnston Paxon Visclosky ANNOUNCEMENT BY THE SPEAKER Becerra Chrysler Duncan Jones Payne (NJ) Volkmer PRO TEMPORE Beilenson Clay Dunn Kanjorski Payne (VA) Vucanovich Bentsen Clayton Durbin Kaptur Pelosi Walker The SPEAKER pro tempore. Pursu- Bereuter Clement Edwards Kasich Peterson (FL) Walsh Berman Clinger Ehlers ant to clause 5 of rule I, the Chair will Kelly Peterson (MN) Wamp Bevill Clyburn Ehrlich now put the question on each motion Kennedy (MA) Petri Ward Bilbray Coble Engel Kennedy (RI) Pickett Watt (NC) to suspend the rules on which further Bilirakis Coburn English Kennelly Pombo Watts (OK) proceedings were postponed on Tues- Bishop Coleman Ensign Waxman Bliley Collins (GA) Eshoo Kildee Pomeroy day, July 16, 1996, in the order in which Weldon (FL) Blumenauer Collins (IL) Evans Kim Porter Weldon (PA) that motion was entertained. Blute Collins (MI) Everett King Portman Weller Votes will be taken in the following Boehlert Combest Ewing Kingston Poshard order: Boehner Condit Farr Kleczka Pryce White Whitfield H.R. 3166, as amended, de novo; and Bonilla Cooley Fattah Klink Quinn Klug Radanovich Wicker H.R. 3161, by the yeas and nays. Bonior Costello Fawell Bono Cox Fazio Knollenberg Rahall Williams The Chair will also put the question Borski Coyne Fields (LA) Kolbe Ramstad Wilson on the Speaker’s approval of the Jour- Boucher Cramer Fields (TX) LaFalce Rangel Wise nal. Brewster Crane Filner LaHood Reed Woolsey The Chair will reduce to 5 minutes Browder Crapo Flake Lantos Regula Wynn Brown (CA) Cremeans Flanagan Largent Richardson Yates the time for any electronic vote after Brown (FL) Cubin Foglietta Latham Riggs Zeliff the first such vote in this series. Brown (OH) Cummings Foley LaTourette Rivers Zimmer July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7715 NOES—6 Istook Meyers Sawyer Molinari Slaughter Wolf Jackson (IL) Millender- Saxton Packard Solomon Young (FL) Conyers Myers Waters Jackson-Lee McDonald Schiff McIntosh Quillen Young (AK) (TX) Miller (FL) Schroeder b 1654 NOT VOTING—10 Jacobs Minge Schumer Mr. WATT of North Carolina changed Jefferson Mink Scott de la Garza McDade Wolf Johnson (CT) Moakley Sensenbrenner his vote from ‘‘yea’’ to ‘‘nay.’’ Ford Miller (CA) Young (FL) Johnson (SD) Mollohan Serrano Mr. OWENS changed his vote from Hall (OH) Packard Johnson, E. B. Montgomery Shadegg ‘‘nay’’ to ‘‘yea.’’ Lincoln Slaughter Johnston Moorhead Shaw So (two-thirds having voted in favor Kaptur Moran Shuster thereof) the rules were suspended and b 1642 Kasich Myers Sisisky the bill was passed. So (two thirds having voted in the Kelly Myrick Skaggs Kennedy (MA) Nadler Skeen The result of the vote was announced favor thereof) the rules were suspended Kennedy (RI) Neal Skelton as above recorded. and the bill, as amended, was passed. Kennelly Nethercutt Smith (MI) A motion to reconsider was laid on The result of the vote was announced Kildee Neumann Smith (TX) Spence the table. as above recorded. Kim Ney King Norwood Stark f A motion to reconsider was laid on Kleczka Nussle Stenholm the table. Klug Oberstar Stokes THE JOURNAL Studds Knollenberg Obey The SPEAKER pro tempore (Mr. f Kolbe Olver Stump LaFalce Ortiz Stupak LAHOOD). Pursuant to clause 5 of rule I, EXTENDING MOST-FAVORED- LaHood Orton Talent the pending business is the question of Lantos Owens Tanner NATION STATUS TO ROMANIA Tate the Speaker’s approval of the Journal. Largent Oxley Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore (Mr. Latham Parker Tauzin Tejeda nal stands approved. LAHOOD). The unfinished business is LaTourette Pastor Laughlin Paxon Thomas f the question of suspending the rules Lazio Payne (NJ) Thompson and passing the bill, H.R. 3161. Leach Payne (VA) Thornberry PROVIDING FOR CONSIDERATION Thornton Levin Pelosi The Clerk read the title of the bill. Thurman OF H.R. 3814 DEPARTMENTS OF Lewis (CA) Peterson (FL) The SPEAKER pro tempore. The Torkildsen COMMERCE, JUSTICE, AND Lewis (KY) Peterson (MN) Torres question is on the motion offered by Lightfoot Petri STATE, THE JUDICIARY, AND RE- Towns the gentleman from Illinois [Mr. Linder Pickett LATED AGENCIES APPROPRIA- Upton Livingston Pomeroy CRANE] that the House suspend the Velazquez TIONS ACT, 1997 LoBiondo Porter rules and pass the bill, H.R. 3161, on Vento Lofgren Portman Ms. PRYCE. Mr. Speaker, by direc- Visclosky which the yeas and nays are ordered. Lowey Poshard Volkmer tion of the Committee on Rules, I call Lucas Pryce This bill be a 5-minute vote. Vucanovich up House Resolution 479 and ask for its Luther Quillen The vote was taken by electronic de- Walker Maloney Quinn immediate consideration. Walsh vice, and there were—yeas 334, nays 86, Manton Rahall The Clerk read the resolution, as fol- Ward not voting 13, as follows: Manzullo Ramstad Waters lows: Markey Rangel [Roll No. 325] Waxman Martinez Reed H. RES. 479 Weldon (FL) YEAS—334 Martini Regula Resolved, That at any time after the adop- Weldon (PA) Mascara Richardson Abercrombie Chabot Flake White tion of this resolution the Speaker may, pur- Matsui Riggs Ackerman Chapman Flanagan Whitfield suant to clause 1(b) of rule XXIII, declare the McCarthy Rivers Andrews Christensen Foglietta Wicker House resolved into the Committee of the McCollum Roberts Archer Clay Foley Williams Whole House on the state of the Union for McCrery Roemer Armey Clayton Forbes Wilson McDermott Rogers consideration of the bill (H.R. 3814) making Bachus Clement Fox Wise McHale Roth appropriations for the Departments of Com- Baesler Clinger Franks (CT) Woolsey McHugh Roukema merce, Justice, and State, the Judiciary, and Baker (LA) Clyburn Franks (NJ) Wynn McKeon Roybal-Allard Baldacci Coleman Frisa Yates related agencies for the fiscal year ending McNulty Royce Barrett (NE) Collins (IL) Frost Young (AK) September 30, 1997, and for other purposes. Meehan Rush Barrett (WI) Collins (MI) Furse Zeliff The first reading of the bill shall be dis- Meek Sabo Bartlett Combest Gallegly Zimmer pensed with. Points of order against consid- Metcalf Salmon Barton Condit Ganske eration of the bill for failure to comply with Bass Conyers Gejdenson Bateman Costello Gekas NAYS—86 clause 2(1)(6) of rule XI or clause 7 of rule Becerra Coyne Gephardt XXI are waived. General debate shall be con- Allard Fowler Murtha fined to the bill and shall not exceed one Beilenson Cramer Geren Baker (CA) Frank (MA) Pallone Bentsen Crane Gibbons Ballenger Frelinghuysen Pombo hour equally divided and controlled by the Bereuter Crapo Gilchrest Barcia Funderburk Radanovich chairman and ranking minority member of Berman Cremeans Gillmor Barr Graham Rohrabacher the Committee on Appropriations. After gen- Bevill Cummings Gilman Bonior Green (TX) Ros-Lehtinen eral debate the bill shall be considered for Bilbray Danner Gonzalez Brown (OH) Gutknecht Rose amendment under the five-minute rule. Be- Bilirakis Davis Goodlatte Bunning Hancock Sanders Bishop DeFazio Goodling fore consideration of any other amendment Burr Hefley Sanford it shall be in order to consider the amend- Bliley DeLay Gordon Chambliss Hefner Scarborough Blumenauer Dellums Goss Chenoweth Hilleary Schaefer ment printed in the report of the Committee Blute Deutsch Greenwood Chrysler Hinchey Seastrand on Rules accompanying this resolution, if of- Boehlert Dicks Gunderson Coble Hostettler Shays fered by Representative Rogers of Kentucky Boehner Dingell Gutierrez Coburn Hunter Smith (NJ) or his designee. That amendment shall be Bonilla Dixon Hall (TX) Collins (GA) Inglis Smith (WA) considered as read, shall be debatable for the Bono Doggett Hamilton Cooley Johnson, Sam Souder Borski Dooley Hansen time specified in the report equally divided Cox Jones Spratt and controlled by the proponent and an op- Boucher Dreier Harman Cubin Kanjorski Stearns Brewster Dunn Hastert Cunningham Kingston Stockman ponent, shall not be subject to amendment, Browder Durbin Hastings (FL) Deal Klink Taylor (MS) and shall not be subject to a demand for divi- Brown (CA) Edwards Hastings (WA) DeLauro Lewis (GA) Taylor (NC) sion of the question in the House or in the Brown (FL) Ehlers Hayes Diaz-Balart Lipinski Tiahrt Committee of the Whole. All points of order Brownback Engel Hayworth Dickey Longley Torricelli against that amendment are waived. If that Bryant (TN) English Heineman Doolittle McInnis Traficant Bryant (TX) Ensign Herger amendment is adopted, the bill, as amended, Dornan McIntosh Wamp shall be considered as the original bill for Bunn Eshoo Hilliard Doyle McKinney Watt (NC) Burton Evans Hobson Duncan Menendez Watts (OK) the purpose of further amendment. Points of Buyer Ewing Hoekstra Ehrlich Mica Weller order against provisions in the bill for fail- Callahan Farr Hoke Everett Morella ure to comply with clause 2 or 6 of rule XXI Calvert Fattah Holden are waived except as follows: (1) under the Camp Fawell Horn Campbell Fazio Houghton NOT VOTING—13 Department of Commerce, Science and Tech- Canady Fields (LA) Hoyer de la Garza Hall (OH) Miller (CA) nology, the National Institute of Standards Cardin Fields (TX) Hutchinson Ford Lincoln and Technology, the matter under the head- Castle Filner Hyde Greene (UT) McDade ing ‘‘Industrial Technology Services’’ that H7716 CONGRESSIONAL RECORD — HOUSE July 17, 1996 begins with ‘‘In addition’’ and continues of the Whole, one, it may be in order been finalized, the rule further provides through ‘‘ ‘Working Capital Fund’ ’’; and (2) immediately after disposition of the the necessary waiver of clause 2 of rule under the Department of Commerce, the first amendment made in order by 21, which prohibits unauthorized appro- heading ‘‘Technology Administration’’ and House Resolution 479, and without priations and legislation on general ap- the matter thereunder. Where points of order propriations bills, as well as clause 6 of are waived against part of a paragraph, intervention of any point of order, to points of order against a provision in an- consider the amendment relating to rule 21, which prohibits transfers of un- other part of such paragraph may be made the Advanced Technology Program obligated balances. only against such provision and not against that I have placed at the desk, if of- As we have done in the past, the rule the entire paragraph. During consideration fered by the gentleman from Kentucky accords priority in recognition to those of the bill for further amendment, the Chair- [Mr. ROGERS]; and, second, if that amendments that are pre-printed in man of the Committee of the Whole may ac- amendment is adopted, then points of the CONGRESSIONAL RECORD, and it al- cord priority in recognition on the basis of order under clauses 2 and 6 of rule XXI lows the Chairman of the Committee of whether the Member offering an amendment shall be waived for all provisions of the the Whole to postpone and shorten has caused it to be printed in the portion of votes during further consideration of the Congressional Record designated for that bill, as amended. purpose in clause 6 of rule XXIII. Amend- Mr. Speaker, it is my understanding the bill. After the reading of the final ments so printed shall be considered as read. that the minority has been consulted lines of the bill, a motion to rise, if of- The Chairman of the Committee of the and has no objection to this request. fered by the majority leaders or his Whole may postpone until a time during fur- The SPEAKER pro tempore. The designee, will have precedence over a ther consideration in the Committee of the Clerk will report the amendment. motion to amend. Finally, the rule pro- Whole a request for a recorded vote on any The Clerk read, as follows: vides one motion to recommit, with or amendment. The Chairman of the Commit- Amendment to be offered by Mr. ROGERS, without instructions. tee of the Whole may reduce to not less than pursuant to the unanimous-consent request Mr. Speaker, as our colleagues know, five minutes the time for voting by elec- of Ms. PRYCE: On page 54, strike the language the Commerce, State, and Justice ap- tronic device on any postponed question that on lines 3 through 15, and insert the follow- propriations bill covers a lot of ground, immediately follows another vote by elec- ing: tronic device without intervening business: from projecting our diplomatic pres- ‘‘In addition, for necessary expenses of the Provided, That the time for voting by elec- ence overseas, to promoting trade, and Advanced Technology Program of the Na- tronic device on the first in any series of to preserving the safety and well-being tional Institute of Standards and Tech- questions shall be not less than fifteen min- of our citizens. As a former judge and nology, $110,500,000, to remain available until utes. After the reading of the final lines of expended, of which not to exceed $500,000 prosecutor, I recognize that the Fed- the bill, a motion that the Committee of the may be transferred to the ‘‘Working Capital eral Government has an important role Whole rise and report the bill to the House Fund’’: Provided, That none of the funds to play in the fight against drugs and with such amendments as may have been made available under this heading may be crime, and I am especially pleased that adopted shall, if offered by the majority used for the purposes of carrying out addi- this year’s legislation devotes signifi- leader or a designee, have precedence over a tional program competitions under the Ad- motion to amend. At the conclusion of con- cant resources to law enforcement and vanced Technology Program: Provided fur- sideration of the bill for amendment the related activities. ther, That funds made available for the Ad- Committee shall rise and report the bill to This important commitment to pub- vanced Technology Program under this head- the House with such amendments as may lic safety is reflected in the increased ing and any unobligated balances available have been adopted. The previous question dollars that are provided for drug en- from carryover of prior year appropriations shall be considered as ordered on the bill and for such program may be used only for the forcement initiatives, for enforcing our amendments thereto to final passage with- purposes of providing continuation grants immigration laws and border control, out intervening motion except one motion to for competitions completed prior to October for implementing the recent anti-ter- recommit with or without instructions. 1, 1995: Provided further, That such continu- rorism bill, and for assisting State and The SPEAKER pro tempore (Mr. ation grants shall be provided only to single local governments in their drug control EWING). The gentlewoman from Ohio applicants or joint venture participants and crime fighting efforts. [Ms. PRYCE] is recognized for 1 hour. which are small businesses: Provided further, By targeting funding at the State That such funds for the Advanced Tech- b 1700 and local level, the bill continues to nology Program are provided for the pur- broaden our policy of empowering local Ms. PRYCE. Mr. Speaker, for pur- poses of closing out all commitments for authorities to develop local solutions such program.’’. poses of debate only, I yield the cus- that best address their own unique sit- tomary 30 minutes to my good friend, Ms. PRYCE. Mr. Speaker, House Res- uations. the gentleman from California [Mr. olution 479 is an open rule providing for But, Mr. Speaker, not all crime is BEILENSON], pending which I yield my- the consideration of H.R. 3814, the front-page news. Many victims are de- self such time as I may consume. Dur- Commerce, Justice, State and related fenseless women who suffer in silence ing consideration of this resolution, all agencies appropriations bill for fiscal at home or even in the workplace. Too time yielded is for the purpose of de- year 1997. often, violent crimes committed bate only. The rule provides 1 hour of general against women are not even reported GENERAL LEAVE debate equally divided between the to law enforcement agencies. That’s Ms. PRYCE. Mr. Speaker, I ask unan- chairman and ranking minority mem- why I’m very pleased to note that the imous consent that all Members may ber of the Committee on Appropria- bill provides a substantial increase in have 5 legislative days in which to re- tions. funding for the Violence Against vise and extend their remarks on this The rule includes a limited number of Women Act, a step which recognizes resolution and that I may be permitted waivers to facilitate the orderly con- the importance of combatting the to insert extraneous materials into the sideration of the bill. For example, the many forms of domestic violence de- RECORD. rule waives clause 2(L)(6) of rule 11, re- spite the budget constraints that we The SPEAKER pro tempore (Mr. garding the 3-day availability of the re- face this year. BARRETT of Nebraska). Is there objec- port, and clause 7 of rule 21, regarding This bill does provide a reasonable tion to the request of the gentlewoman the 3-day availability of printed hear- and responsible increase in funding from Ohio? ings and reports on appropriations over last year’s level, with all increases There was no objection. bills. going to critical law enforcement pur- The rule also provides for the consid- poses, it is still within the subcommit- MAKING IN ORDER AMENDMENT RELATING TO eration, before any other amendment, ADVANCED TECHNOLOGY PROGRAM, AND tee’s budget allocation. And that, Mr. WAIVING POINTS OF ORDER IN COMMITTEE OF of the amendment printed in part 2 of Speaker, is vitally important to keep- THE WHOLE ON H.R. 3814, DEPARTMENTS OF the Rules Committee report, if offered ing us on the glidepath toward a bal- COMMERCE, JUSTICE, AND STATE, THE JUDICI- by Mr. ROGERS of Kentucky or his des- anced Federal budget. ARY, AND RELATED AGENCIES APPROPRIA- ignee. The amendment will be consid- Mr. Speaker, Chairman Rogers and TIONS ACT, 1997 ered as read and shall not be subject to the subcommittee have worked very Ms. PRYCE. Mr. Speaker, I ask unan- a demand for a division of the question. hard this year to craft a bill that bal- imous consent that during the consid- Since authorizing legislation for ances the need for continued fiscal re- eration of H.R. 3814 in the Committee most programs within the bill has not sponsibility with the need to provide July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7717 adequate funding for law enforcement, mane amendment to the bill at the ap- urge its expeditious adoption by the diplomatic missions, trade, and many propriate time, as long as it is consist- House. other related activities. ent with the normal rules of the House. Mr. Speaker, the information I am In closing, let me just emphasize that This rule was reported unanimously by the rule before us is both fair and open. submitting for the RECORD is as fol- the Rules Committee yesterday and I Any Member can be heard on any ger- lows: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 11, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-Open 2 ...... 46 44 78 60 Structured/Modified Closed 3 ...... 49 47 35 27 Closed 4 ...... 9 9 17 13 Total ...... 104 100 130 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A structured or modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of July 11, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–199; A: 227–197 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H7718 CONGRESSIONAL RECORD — HOUSE July 17, 1996 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of July 11, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 249–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands ...... PQ: 221–197 A: voice vote (5/15/96). H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... Tabled (4/17/96). H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... C ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/19/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/21/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... C ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... PQ: 219–203 A: voice vote (5/1/96). H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... A: 422–0 (5/1/96). H. Res. 421 (5/2/96) ...... O ...... H.R. 2974 ...... Crimes Against Children & Elderly ...... A: voice vote (5/7/96). H. Res. 422 (5/2/96) ...... O ...... H.R. 3120 ...... Witness & Jury Tampering ...... A: voice vote (5/7/96). H. Res. 426 (5/7/96) ...... O ...... H.R. 2406 ...... U.S. Housing Act of 1996 ...... PQ: 218–208 A: voice vote (5/8/96). H. Res. 427 (5/7/96) ...... O ...... H.R. 3322 ...... Omnibus Civilian Science Auth ...... A: voice vote (5/9/96). H. Res. 428 (5/7/96) ...... MC ...... H.R. 3286 ...... Adoption Promotion & Stability ...... A: voice vote (5/9/96). H. Res. 430 (5/9/96) ...... S ...... H.R. 3230 ...... DoD Auth. FY 1997 ...... A: 235–149 (5/10/96). H. Res. 435 (5/15/96) ...... MC ...... H. Con. Res. 178 ...... Con. Res. on the Budget, 1997 ...... PQ: 227–196 A: voice vote (5/16/96). H. Res. 436 (5/16/96) ...... C ...... H.R. 3415 ...... Repeal 4.3 cent fuel tax ...... PQ: 221–181 A: voice vote (5/21/96). H. Res. 437 (5/16/96) ...... MO ...... H.R. 3259 ...... Intell. Auth. FY 1997 ...... A: voice vote (5/21/96). H. Res. 438 (5/16/96) ...... MC ...... H.R. 3144 ...... Defend America Act ...... H. Res. 440 (5/21/96) ...... MC ...... H.R. 3448 ...... Small Bus. Job Protection ...... A: 219–211 (5/22/96). MC ...... H.R. 1227 ...... Employee Commuting Flexibility ...... H. Res. 442 (5/29/96) ...... O ...... H.R. 3517 ...... Mil. Const. Approps. FY 1997 ...... A: voice vote (5/30/96). H. Res. 445 (5/30/96) ...... O ...... H.R. 3540 ...... For. Ops. Approps. FY 1997 ...... A: voice vote (6/5/96). H. Res. 446 (6/5/96) ...... MC ...... H.R. 3562 ...... WI Works Waiver Approval ...... A: 363–59 (6/6/96). H. Res. 448 (6/6/96) ...... MC ...... H.R. 2754 ...... Shipbuilding Trade Agreement ...... A: voice vote (6/12/96). H. Res. 451 (6/10/96) ...... O ...... H.R. 3603 ...... Agriculture Appropriations, FY 1997 ...... A: voice vote (6/11/96). H. Res. 453 (6/12/96) ...... O ...... H.R. 3610 ...... Defense Appropriations, FY 1997 ...... A: voice vote (6/13/96). H. Res. 455 (6/18/96) ...... O ...... H.R. 3662 ...... Interior Approps, FY 1997 ...... A: voice vote (6/19/96). H. Res. 456 (6/19/96) ...... O ...... H.R. 3666 ...... VA/HUD Approps ...... A: 246–166 (6/25/96). H. Res. 460 (6/25/96) ...... O ...... H.R. 3675 ...... Transportation Approps ...... A: voice vote (6/26/96). H. Res. 472 (7/9/96) ...... O ...... H.R. 3755 ...... Labor/HHS Approps ...... PQ: 218–202 A: voice vote (7/10/96). H. Res. 473 (7/9/96) ...... MC ...... H.R. 3754 ...... Leg. Branch Approps ...... A: voice vote (7/10/96). H. Res. 474 (7/10/96) ...... MC ...... H.R. 3396 ...... Defense of Marriage Act ...... A: 290–133 (7/11/96). H. Res. 475 (7/11/96) ...... O ...... H.R. 3756 ...... Treasury/Postal Approps ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Ms. PRYCE. Mr. Speaker, I reserve Mr. Speaker, the bill does contain a tee for continuing its strong support, the balance of my time. number of other provisions that are first begun under the leadership of the Mr. BEILENSON. Mr. Speaker, I similarly of great concern to us. We op- gentleman from West Virginia [Mr. thank the distinguished gentlewoman pose the decision to slash the legal MOLLOHAN], of funding to help control from Ohio [Ms. PRYCE] for her yielding services program even further. We illegal immigration. The increased the customary 30 minutes of debate should be ensuring equal access to the funding for the INS and for the border time to me, and I yield myself such court system to all Americans. What patrol are very important to the coun- time as I may consume. we are doing here is ensuring that low- try and, of course, to the States that Mr. Speaker, we do not object to the income Americans are unable to enjoy are most affected by immigration. rule for H.R. 3814, the appropriations the benefits of full and equal access to The committee is to be commended, bill for the Departments of Commerce, our legal system. too, Mr. Speaker, for continuing to in- Many of us are also disappointed that Justice, State, the Judiciary and Re- crease the appropriation for reimburs- the bill extends the fight against safe lated Agencies for fiscal year 1997. ing States for the costs of incarcerat- and legal abortions and against a wom- ing criminal illegal aliens, a program As the gentlewoman from Ohio has an’s right to choose by denying Federal first funded as a result of an amend- explained, this can be described as an prisoners reproductive choice. It is dif- ment that this gentleman and other open rule. As with other appropriations ficult to think of women who are more Members offered 2 years ago to the 1994 bills we have considered, however, it dependent on the Federal Government crime bill. does not contain a number of waivers for all their medical care and have no of points of order for violations of way to choose other services. We regret After years of seeking help to fight House rules. We do not support all the we are continuing the efforts to fight illegal immigration, Congress has, over provisions in the bill that are being abortion, a legal medical procedure, the past 3 or 4 years, through the lead- protected by those waivers but we do Mr. Speaker, in yet another appropria- ership of this particular appropriations not object to the waivers themselves. tions bill. subcommittee, finally recognized the Mr. Speaker, we are particularly The bill also severely underfunds our severe problems caused by illegal im- troubled by the provision in the bill peacekeeping missions. This inad- migration, especially in such States as limiting the President’s ability to ne- equate level of funding is an affront to California, New York, Florida, New gotiate issues related to the ABM Trea- U.S. leadership in the international Jersey, Illinois, and Texas. Immigra- ty that are so important to the na- arena and will, I believe, prejudice our tion is, after all, a Federal responsibil- tional security of the United States. efforts to promote U.S. global inter- ity, and I would like to say to the We believe that that is an entirely in- ests. chairman and to the ranking member appropriate matter to include in the I would, Mr. Speaker, like to take that we very much appreciate the com- bill. It may even be unconstitutional. this opportunity to thank the commit- mittee’s support for the programs that July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7719 many of us have been advocating for a Obviously, I personally do not agree with tivity and economic growth of this good many years. these new as well as the old restrictions. How- country. I would also finally like to congratu- ever, restricted funding for ATP is better than I think we all recognize that this is late the gentleman from Kentucky [Mr. no funding at all. And funding for the Tech- vital to our future prosperity, to our ROGERS] and the gentleman from West nology Administration is extremely important. future ability to get out of the deficit Virginia [Mr. MOLLOHAN] for their bi- Both ATP and the Technology Administra- bind that we are in, and to create jobs partisan cooperation in working on tion are critical components of President Clin- to absorb those who are without jobs in this bill. This is a difficult process, this ton's competitive agenda. this country. appropriations process, with such great The Technology Administration serves as an I was a little puzzled at the fact that fiscal restraint, and the House is appre- advocate for American industriesÐensuring the Committee on Rules had appar- ciative of the spirit of comity and the that Government policies, programs, and regu- ently, by some forethought, protected good example of being able to work to- lations promote U.S. competitiveness. Addi- every portion of this bill except the gether so well that these two gen- tionally, TA is the only Federal agency that technology programs, and I rather tleman have shown to the rest of us. analyzes the civilian technology activities of wondered how that had been brought Mr. Speaker, under the rule we hope our foreign competitors, working to promote about, but I will not ruminate too to have the opportunity to fully debate and protect U.S. technology interests in global much on that. the bill and address our major concerns research and development efforts. b 1715 Similarly, ATP is about investing in our Na- about it. For the moment, as I said, we I am happy that the threat seems to tion's competitiveness in the global market- have no objections to the rule. have disappeared of erasing these pro- Ms. PRYCE. Mr. Speaker, I continue place. It does nothing more than put U.S. in- grams through raising a point of order. to reserve the balance of my time. dustry on a level playing field with our major Under the circumstances, I am going to Mr. BEILENSON. Mr. Speaker, I global competitors. As we sit here today plac- support the rule and I am going to do yield such time as he may consume to ing additional restrictions on ATP, our foreign my best to improve the bill to what- the distinguished gentleman from West competitors are pouring money into similar ever slight degree I may when it is up Virginia [Mr. MOLLOHAN]. programs. In fact, the European nations are for discussion. But I am reconciled to (Mr. MOLLOHAN asked and was accelerating investment in commercial tech- the fact that the present budgetary given permission to revise and extend nologies. Japan has plans to double its gov- pressures may preclude us from doing his remarks.) ernment science and technology budget by too much to enhance some of these pro- Mr. MOLLOHAN. Mr. Speaker, I sim- the year 2000. China is planning to triple its grams because the only way to do that ply rise in support of the rule and ex- investment in R&D by 2000, targeting comput- is to take funds away from other some- press appreciation to my chairman, Mr. ers, software, telecommunications, pharma- times equally deserving programs. ROGERS, for the hard work that he has ceuticals, and infrastructure. And the Republic So let me conclude by paying my re- put into this bill and for the spirit of of Korea has considerably boosted its R&D ef- spects to both the chairman of the sub- cooperation that he has approached it. forts in key technology areas and is actively committee and the ranking minority We appreciate his accommodations in a acquiring foreign technologies. member, who have done so much and number of areas. Simply stated, the United States is in a bat- worked so hard to bring about some Mr. MOLLOHAN. Mr. Speaker, I rise today tle for global markets, where the spoils are consensus with regard to a reasonable in support of the rule. jobs and national prosperityÐand we are in a way to handle these problems. However, actions taken yesterday at the dead heat. Investing in programs like APT and I think that what we have seen rep- Rules Committee hearing almost precluded the Technology Administration will make all resents the best in the art of politics, my support for this measure. The authorizing the difference. which is to get the most you can from chairman had asked that two programs ex- So, with reservation, I ask my colleagues to a lemon when you cannot do anything tremely important to the administration not be support the rule before us today. While the else. I, therefore, will look forward to afforded protection by the rule. agreement reached will place further restric- the debate on the bill, but I will not op- As a result, the rule before us today does tions on the ATP Program, it will ensure that pose the rule. not protect the Commerce Department's Ad- at least some funding is provided for this im- Mr. BEILENSON. Mr. Speaker, I have vanced Technology Program or Technology portant initiative. no further requests for time, and I Administration from points of order raised dur- Mr. BEILENSON. Mr. Speaker, I yield back the balance of my time. ing floor consideration. These programs are yield 3 minutes to the gentleman from Ms. PRYCE. Mr. Speaker, I yield my- not authorizedÐbut then again neither are California [Mr. BROWN]. self such time as I may consume. most programs in our bill. Mr. BROWN of California. Mr. Speak- Mr. Speaker, I just wanted to con- Because the rule would have allowed the er, I thank the gentleman from Califor- clude by thanking the chairman and striking of funding provided for these pro- nia [Mr. BEILENSON] for yielding me so the ranking member for their hard gramsÐ$110.5 million for ATP and $5 million much time. I hope I will not consume it work and bipartisan cooperation for the TAÐI intended to speak today in oppo- all. through this process. I once again urge sition to this rule. Mr. Speaker, it had been my original my colleagues to support this fair and However, I now understand that an agree- intention to oppose both the rule and open rule. ment has been reached which accommodates the bill as the result of a number of de- Mr. ROGERS. Mr. Speaker, will the the concerns of the authorizing chairman. I ficiencies which I found in them. How- gentlewoman yield? would like to express my appreciation to ever, I want to pay tribute to the fact Ms. PRYCE. I yield to the gentleman Chairman ROGERS and to Chairman WALKER that a number of negotiations have from Kentucky. for their efforts to reach a reasonable resolu- taken place, some in the last few min- Mr. ROGERS. Mr. Speaker, I wanted tion of this matter. As a result of this agree- utes, aimed at alleviating some of my to thank the gentlewoman and the gen- ment, I am acting under the assumption that problems, and I will not take the same tleman from California from the Com- an amendment will be offered to the bill to position as a result of those actions. mittee on Rules who have been very co- allow funding for the ATP under different con- Part of the agreements that were operative with us on this rule, not only ditions and that the TA will be protected from made were reflected in the approval of the Members that are represented here points of order. the unanimous consent request that from the Committee on Rules but those In its current form, the bill restricts ATP was made earlier, which made it pos- who are not. The Committee on Rules funding from being used to hold new grant sible to continue the technology pro- has a hard job, harder than anyone re- competitions. The agreed upon amendment gram in the Department of Commerce, alizes. We appreciate very much their would add bill language stating that all funds the Advanced Technology Program, accommodation to us on the Commit- must be used only to fund fiscal year 1995 which I think has tremendous value to tee on Appropriations on this bill. I and prior year grant awards which involve the people of the United States in support the rule. small businesses. Additionally, it would add re- terms of enhancing our ability to have Ms. PRYCE. Mr. Speaker, I yield port and bill language stating that the funding a more effective and efficient manufac- back the balance of my time, and I provided in the bill is to be used for ``close out turing sector in the United States, and move the previous question on the res- commitments.'' which I think will add to the produc- olution. H7720 CONGRESSIONAL RECORD — HOUSE July 17, 1996 The previous question was ordered. The Clerk read the title of the Senate (4) States play a central role in the imple- the resolution was agreed to. bill. mentation of safe drinking water programs, A motion to reconsider was laid on The SPEAKER pro tempore. Is there and States need increased financial re- the table. objection to the request of the gen- sources and appropriate flexibility to ensure the prompt and effective development and f tleman from Virginia? implementation of drinking water programs; There was no objection. (5) the existing process for the assessment REPORT CONCERNING EMIGRATION The Clerk read the Senate bill, as fol- LAWS AND POLICIES OF THE RE- and regulation of additional drinking water lows: contaminants needs to be revised and im- PUBLIC OF BULGARIA—MESSAGE Be it enacted by the Senate and House of Rep- proved to ensure that there is a sound sci- FROM THE PRESIDENT OF THE resentatives of the United States of America in entific basis for drinking water regulations UNITED STATES (H. DOC. NO. 104– Congress assembled, and that the standards established address 246) SECTION 1. SHORT TITLE; TABLE OF CONTENTS; the health risks posed by contaminants; The SPEAKER pro tempore (Mr. REFERENCES. (6) procedures for assessing the health ef- (a) SHORT TITLE.—This Act may be cited as fects of contaminants and establishing BARRETT of Nebraska) laid before the the ‘‘Safe Drinking Water Act Amendments drinking water standards should be revised House the following message from the of 1995’’. to provide greater opportunity for public President of the United States; which (b) TABLE OF CONTENTS.—The table of con- education and participation; was read and, together with the accom- tents of this Act is as follows: (7) in setting priorities with respect to the panying papers, without objection, re- Sec. 1. Short title; table of contents; ref- health risks from drinking water to be ad- ferred to the Committee on Ways and erences. dressed and in selecting the appropriate level Means and ordered to be printed: Sec. 2. Findings. of regulation for contaminants in drinking Sec. 3. State revolving loan funds. water, risk assessment and benefit-cost anal- To the Congress of the United States: Sec. 4. Selection of contaminants; schedule. ysis are important and useful tools for im- On June 3, 1993, I determined and re- Sec. 5. Risk assessment, management, and proving the efficiency and effectiveness of ported to the Congress that Bulgaria is communication. drinking water regulations to protect human in full compliance with the freedom of Sec. 6. Standard-setting; review of stand- health; emigration criteria of sections 402 and ards. (8) more effective protection of public Sec. 7. Arsenic. health requires— 409 of the Trade Act of 1974. This action (A) a Federal commitment to set priorities allowed for the continuation of most- Sec. 8. Radon. Sec. 9. Sulfate. that will allow scarce Federal, State, and favored-nation (MFN) status for Bul- Sec. 10. Filtration and disinfection. local resources to be targeted toward the garia and certain other activities with- Sec. 11. Effective date for regulations. drinking water problems of greatest public out the requirement of a waiver. Sec. 12. Technology and treatment tech- health concern; and As required by law, I am submitting niques; technology centers. (B) maximizing the value of the different an updated report to the Congress con- Sec. 13. Variances and exemptions. and complementary strengths and respon- cerning emigration laws and policies of Sec. 14. Small systems; technical assistance. sibilities of the Federal and State govern- ments in those States that have primary en- the Republic of Bulgaria. The report Sec. 15. Capacity development; finance cen- ters. forcement responsibility for the Safe Drink- indicates continued Bulgarian compli- Sec. 16. Operator and laboratory certifi- ing Water Act; and ance with U.S. and international stand- cation. (9) compliance with the requirements of ards in the area of emigration policy. Sec. 17. Source water quality protection the Safe Drinking Water Act continues to be WILLIAM J. CLINTON. partnerships. a concern at public water systems experienc- THE WHITE HOUSE, July 17, 1996. Sec. 18. State primacy; State funding. ing technical and financial limitations, and f Sec. 19. Monitoring and information gather- Federal, State, and local governments need ing. more resources and more effective authority REPORT OF PRESIDENT’S ADVI- Sec. 20. Public notification. to attain the objectives of the Safe Drinking SORY BOARD ON ARMS PRO- Sec. 21. Enforcement; judicial review. Water Act. LIFERATION POLICY—MESSAGE Sec. 22. Federal agencies. SEC. 3. STATE REVOLVING LOAN FUNDS. FROM THE PRESIDENT OF THE Sec. 23. Research. The title (42 U.S.C. 300f et seq.) is amended by adding at the end the following: UNITED STATES Sec. 24. Definitions. Sec. 25. Watershed and ground water protec- ‘‘PART G—STATE REVOLVING LOAN The SPEAKER pro tempore laid be- tion. FUNDS fore the House the following message Sec. 26. Lead plumbing and pipes; return ‘‘GENERAL AUTHORITY flows. from the President of the United ‘‘SEC. 1471. (a) CAPITALIZATION GRANT Sec. 27. Bottled water. States; which was read and, together AGREEMENTS.—The Administrator shall offer Sec. 28. Other amendments. with the accompanying papers, without to enter into an agreement with each State (c) REFERENCES TO TITLE XIV OF THE PUB- to make capitalization grants to the State objection, referred to the Committee LIC HEALTH SERVICE ACT.—Except as other- on International Relations: pursuant to section 1472 (referred to in this wise expressly provided, whenever in this part as ‘capitalization grants’) to establish a To the Congress of the United States: Act an amendment or repeal is expressed in drinking water treatment State revolving terms of an amendment to, or repeal of, a loan fund (referred to in this part as a ‘State As required by section 1601(d) of Pub- section or other provision, the reference lic Law 103–160 (the ‘‘Act’’) I transmit loan fund’). shall be considered to be made to a section ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An herewith the report of the President’s or other provision of title XIV of the Public agreement entered into pursuant to this sec- Advisory Board on Arms Proliferation Health Service Act (commonly known as the tion shall establish, to the satisfaction of the Policy. The Board was established by ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et Administrator, that— Executive Order 12946 (January 20, seq.). ‘‘(1) the State has established a State loan 1995), pursuant to section 1601(c) of the SEC. 2. FINDINGS. fund that complies with the requirements of Act. Congress finds that— this part; WILLIAM J. CLINTON. (1) safe drinking water is essential to the ‘‘(2) the State loan fund will be adminis- protection of public health; tered by an instrumentality of the State THE WHITE HOUSE, July 17, 1996. (2) because the requirements of title XIV of that has the powers and authorities that are f the Public Health Service Act (commonly required to operate the State loan fund in SAFE DRINKING WATER ACT known as the ‘‘Safe Drinking Water Act’’) (42 accordance with this part; AMENDMENTS OF 1995 U.S.C. 300f et seq.) now exceed the financial ‘‘(3) the State will deposit the capitaliza- and technical capacity of some public water tion grants into the State loan fund; Mr. BLILEY. Mr. Speaker, I ask systems, especially many small public water ‘‘(4) the State will deposit all loan repay- unanimous consent to take from the systems, the Federal Government needs to ments received, and interest earned on the Speaker’s table the Senate bill (S. 1316) provide assistance to communities to help amounts deposited into the State loan fund to reauthorize and amend title XIV of the communities meet Federal drinking under this part, into the State loan fund; the Public Health Service Act (com- water requirements; ‘‘(5) the State will deposit into the State (3) the Federal Government commits to loan fund an amount equal to at least 20 per- monly known as the ‘‘Safe Drinking take steps to foster and maintain a genuine cent of the total amount of each payment to Water Act’’), and for other purposes, partnership with the States in the adminis- be made to the State on or before the date on and ask for its immediate consider- tration and implementation of the Safe which the payment is made to the State, ex- ation. Drinking Water Act; cept as provided in subsection (c)(4); July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7721

‘‘(6) the State will use funds in the State ‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.— ‘‘(A) IN GENERAL.—Except as provided in loan fund in accordance with an intended use ‘‘(1) IN GENERAL.—Subject to subsection (c) subparagraph (B), the sums allotted to a plan prepared pursuant to section 1474(b); and paragraph (2), funds made available to State pursuant to subsection (b) for a fiscal ‘‘(7) the State and loan recipients that re- carry out this part shall be allotted to year shall be available to the State for obli- ceive funds that the State makes available States that have entered into an agreement gation during the fiscal year for which the from the State loan fund will use accounting pursuant to section 1471 in accordance with— sums are authorized and during the following procedures that conform to generally accept- ‘‘(A) for each of fiscal years 1995 through fiscal year. ed accounting principles, auditing proce- 1997, a formula that is the same as the for- ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL dures that conform to chapter 75 of title 31, mula used to distribute public water system YEARS 1995 AND 1996.—The sums allotted to a United States Code (commonly known as the supervision grant funds under section 1443 in State pursuant to subsection (b) from funds ‘Single Audit Act of 1984’), and such fiscal fiscal year 1995, except that the minimum that are made available by appropriations procedures as the Administrator may pre- proportionate share established in the for- for each of fiscal years 1995 and 1996 shall be scribe; and mula shall be 1 percent of available funds available to the State for obligation during ‘‘(8) the State has adopted policies and pro- and the formula shall be adjusted to include each of fiscal years 1995 through 1998. cedures to ensure that loan recipients are a minimum proportionate share for the ‘‘(2) REALLOTMENT OF UNOBLIGATED reasonably likely to be able to repay a loan. State of Wyoming; and FUNDS.—Prior to obligating new allotments ‘‘(c) ADMINISTRATION OF STATE LOAN ‘‘(B) for fiscal year 1998 and each subse- made available to the State pursuant to sub- FUNDS.— quent fiscal year, a formula that allocates to section (b), each State shall obligate funds ‘‘(1) IN GENERAL.—The authority to estab- each State the proportional share of the accumulated before a date that is 1 year lish assistance priorities for financial assist- State needs identified in the most recent prior to the date of the obligation of a new ance provided with amounts deposited into survey conducted pursuant to section 1475(c), allotment from loan repayments and interest the State loan fund shall reside in the State except that the minimum proportionate earned on amounts deposited into a State agency that has primary responsibility for share provided to each State shall be the loan fund. The amount of any allotment that the administration of the State program same as the minimum proportionate share is not obligated by a State by the last day of under section 1413, after consultation with provided under subparagraph (A). the period of availability established by other appropriate State agencies (as deter- ‘‘(2) OTHER JURISDICTIONS.—The formula es- paragraph (1) shall be immediately reallot- mined by the State): Provided further, That tablished pursuant to paragraph (1) shall re- ted by the Administrator on the basis of the in nonprimacy States, the Governor shall de- serve 0.5 percent of the amounts made avail- same ratio as is applicable to sums allotted termine which State agency will have the able to carry out this part for a fiscal year under subsection (b), except that the Admin- authority to establish assistance priorities for providing direct grants to the jurisdic- istrator may reserve and allocate 10 percent for financial assistance provided with tions, other than Indian Tribes, referred to of the remaining amount for financial assist- amounts deposited into the State loan fund. in subsection (f). ance to Indian Tribes in addition to the ‘‘(c) RESERVATION OF FUNDS FOR INDIAN ‘‘(2) FINANCIAL ADMINISTRATION.—A State amount allotted under subsection (c). None may combine the financial administration of TRIBES.— of the funds reallotted by the Administrator ‘‘(1) IN GENERAL.—For each fiscal year, the State loan fund pursuant to this part shall be reallotted to any State that has not prior to the allotment of funds made avail- with the financial administration of a State obligated all sums allotted to the State pur- able to carry out this part, the Adminis- water pollution control revolving fund estab- suant to this section during the period in trator shall reserve 1.5 percent of the funds lished by the State pursuant to title VI of which the sums were available for obliga- for providing financial assistance to Indian the Federal Water Pollution Control Act (33 tion. Tribes pursuant to subsection (f). U.S.C. 1381 et seq.), or other State revolving ‘‘(3) ALLOTMENT OF WITHHELD FUNDS.—All ‘‘(2) USE OF FUNDS.—Funds reserved pursu- funds providing financing for similar pur- funds withheld by the Administrator pursu- ant to paragraph (1) shall be used to address poses, if the Administrator determines that ant to subsection (g) and section 1442(e)(3) the most significant threats to public health the grants to be provided to the State under shall be allotted by the Administrator on the associated with public water systems that this part, and the loan repayments and inter- basis of the same ratio as is applicable to serve Indian Tribes, as determined by the est deposited into the State loan fund pursu- funds allotted under subsection (b). None of Administrator in consultation with the Di- ant to this part, will be separately accounted the funds allotted by the Administrator pur- rector of the Indian Health Service and In- for and used solely for the purposes of and in suant to this paragraph shall be allotted to dian Tribes. compliance with the requirements of this a State unless the State has met the require- ‘‘(3) NEEDS ASSESSMENT.—The Adminis- part. ments of section 1418(a). trator, in consultation with the Director of ‘‘(f) DIRECT GRANTS.— ‘‘(3) TRANSFER OF FUNDS.— the Indian Health Service and Indian Tribes, ‘‘(1) IN GENERAL.—The Administrator is au- ‘‘(A) IN GENERAL.—Notwithstanding any shall, in accordance with a schedule that is other provision of law, a Governor of a State thorized to make grants for the improve- consistent with the needs surveys conducted may— ment of public water systems of Indian pursuant to section 1475(c), prepare surveys ‘‘(i) reserve up to 50 percent of a capitaliza- Tribes, the District of Columbia, the United and assess the needs of drinking water treat- tion grant made pursuant to section 1472 and States Virgin Islands, the Commonwealth of ment facilities to serve Indian Tribes, in- add the funds reserved to any funds provided the Northern Mariana Islands, American cluding an evaluation of the public water to the State pursuant to section 601 of the Samoa, and Guam and, if funds are appro- systems that pose the most significant Federal Water Pollution Control Act (33 priated to carry out this part for fiscal year threats to public health. U.S.C. 1381); and 1995, the Republic of Palau. ‘‘(d) TECHNICAL ASSISTANCE FOR SMALL ‘‘(ii) reserve in any year a dollar amount ‘‘(2) ALASKA NATIVE VILLAGES.—In the case SYSTEMS.— up to the dollar amount that may be re- of a grant for a project under this subsection ‘‘(1) DEFINITIONS.—In this subsection: served under clause (i) for that year from in an Alaska Native village, the Adminis- ‘‘(A) SMALL SYSTEM.—The term ‘small sys- capitalization grants made pursuant to sec- trator is also authorized to make grants to tem’ means a public water system that the State of Alaska for the benefit of Native tion 601 of such Act (33 U.S.C. 1381) and add serves a population of 10,000 or fewer. the reserved funds to any funds provided to villages. An amount not to exceed 4 percent ‘‘(B) TECHNICAL ASSISTANCE.—The term the State pursuant to section 1472. of the grant amount may be used by the ‘technical assistance’ means assistance pro- State of Alaska for project management. ‘‘(B) STATE MATCH.—Funds reserved pursu- vided by a State to a small system, including ‘‘(g) NEW SYSTEM CAPACITY.—Beginning in ant to this paragraph shall not be considered assistance to potential loan recipients and fiscal year 1999, the Administrator shall to be a State match of a capitalization grant assistance for planning and design, develop- withhold the percentage prescribed in the required pursuant to this title or the Federal ment and implementation of a source water following sentence of each capitalization Water Pollution Control Act (33 U.S.C. 1251 quality protection partnership program, al- grant made pursuant to this section to a et seq.). ternative supplies of drinking water, restruc- State unless the State has met the require- XTENDED PERIOD.—Notwithstanding ‘‘(4) E turing or consolidation of a small system, ments of section 1418(a). The percentage subsection (b)(5), a State shall not be re- and treatment to comply with a national pri- withheld shall be 5 percent for fiscal year quired to deposit a State matching amount mary drinking water regulation. 1999, 10 percent for fiscal year 2000, and 15 into the fund prior to the date on which each ‘‘(2) RESERVATION OF FUNDS.—To provide percent for each subsequent fiscal year. payment is made for payments from funds technical assistance pursuant to this sub- ‘‘ELIGIBLE ASSISTANCE appropriated for fiscal years 1994, 1995, and section, each State may reserve from cap- 1996, if the matching amounts for the pay- ‘‘SEC. 1473. (a) IN GENERAL.—The amounts italization grants received in any year an deposited into a State loan fund, including ments are deposited into the State fund prior amount that does not exceed the greater of— any amounts equal to the amounts of loan to September 30, 1998. ‘‘(A) an amount equal to 2 percent of the repayments and interest earned on the ‘‘CAPITALIZATION GRANTS amount of the capitalization grants received amounts deposited, may be used by the State ‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The by the State pursuant to this section; or to carry out projects that are consistent Administrator may make grants to capital- ‘‘(B) $300,000. with this section. ize State loan funds to a State that has en- ‘‘(e) ALLOTMENT PERIOD.— ‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.— tered into an agreement pursuant to section ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL ‘‘(1) IN GENERAL.—The amounts deposited 1471. ASSISTANCE.— into a State loan fund shall be used only for H7722 CONGRESSIONAL RECORD — HOUSE July 17, 1996 providing financial assistance for capital ex- ‘‘(C) the recipient of each loan will estab- such expenditure shall be obligated within 4 penditures and associated costs (but exclud- lish a dedicated source of revenue (or, in the fiscal years. ing the cost of land acquisition unless the case of a privately-owned system, dem- ‘‘(2) LIMITATION.—For each fiscal year, the cost is incurred to acquire land for the con- onstrate that there is adequate security) for total amount of assistance provided and ex- struction of a treatment facility or for a con- the repayment of the loan; and penditures made by a State under this sub- solidation project) for— ‘‘(D) the State loan fund will be credited section may not exceed 15 percent of the ‘‘(A) a project that will facilitate compli- with all payments of principal and interest amount of the capitalization grant received ance with national primary drinking water on each loan; by the State for that year and may not ex- regulations promulgated pursuant to section ‘‘(2) to buy or refinance the debt obligation ceed 10 percent of that amount for any one of 1412; of a municipality or an intermunicipal or the following activities: ‘‘(B) a project that will facilitate the con- interstate agency within the State at an in- ‘‘(A) To acquire land or conservation ease- solidation of public water systems or the use terest rate that is less than or equal to the ments pursuant to paragraph (1)(A)(i). of an alternative source of water supply; market interest rate in any case in which a ‘‘(B) To provide funding to implement rec- ‘‘(C) a project that will upgrade a drinking debt obligation is incurred after October 14, ommendations of source water quality pro- water treatment system; and 1993, or to refinance a debt obligation for a tection partnerships pursuant to paragraph ‘‘(D) the development of a public water sys- project constructed to comply with a regula- (1)(A)(ii). tem to replace private drinking water sup- tion established pursuant to an amendment ‘‘(C) To provide assistance through a ca- plies if the private water supplies pose a sig- to this title made by the Safe Drinking pacity development strategy pursuant to nificant threat to human health. Water Act Amendments of 1986 (Public Law paragraph (1)(B). ‘‘(2) OPERATOR TRAINING.—Associated costs 99–339; 100 Stat. 642); ‘‘(D) To make expenditures to delineate or eligible for assistance under this part in- ‘‘(3) to guarantee, or purchase insurance assess source water protection areas pursu- clude the costs of training and certifying the for, a local obligation (all of the proceeds of ant to paragraph (1)(C). persons who will operate facilities that re- which finance a project eligible for assist- ceive assistance pursuant to paragraph (1). ance under subsection (b)) if the guarantee ‘‘STATE LOAN FUND ADMINISTRATION ‘‘(3) LIMITATION.— or purchase would improve credit market ac- ‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL ‘‘(A) IN GENERAL.—Except as provided in cess or reduce the interest rate applicable to subparagraph (B), no assistance under this the obligation; ASSISTANCE, AND MANAGEMENT.— part shall be provided to a public water sys- ‘‘(4) as a source of revenue or security for ‘‘(1) ADMINISTRATION.—Each State that has tem that— the payment of principal and interest on rev- a State loan fund is authorized to expend ‘‘(i) does not have the technical, manage- enue or general obligation bonds issued by from the annual capitalization grant of the rial, and financial capability to ensure com- the State if the proceeds of the sale of the State a reasonable amount, not to exceed 4 pliance with the requirements of this title; bonds will be deposited into the State loan percent of the capitalization grant made to and fund; and the State, for the costs of the administration ‘‘(ii) has a history of— ‘‘(5) to earn interest on the amounts depos- of the State loan fund. ‘‘(I) past violations of any maximum con- ited into the State loan fund. ‘‘(2) STATE PROGRAM MANAGEMENT ASSIST- taminant level or treatment technique es- ‘‘(e) ASSISTANCE FOR DISADVANTAGED COM- ANCE.— tablished by a regulation or a variance; or MUNITIES.— ‘‘(A) IN GENERAL.—Each State that has a ‘‘(II) significant noncompliance with mon- ‘‘(1) DEFINITION OF DISADVANTAGED COMMU- loan fund is authorized to expend from the itoring requirements or any other require- NITY.—In this subsection, the term ‘dis- annual capitalization grant of the State an ment of a national primary drinking water advantaged community’ means the service amount, determined pursuant to this para- regulation or variance. area of a public water system that meets af- graph, to carry out the public water system ‘‘(B) RESTRUCTURING.—A public water sys- fordability criteria established after public supervision program under section 1443(a) tem described in subparagraph (A) may re- review and comment by the State in which and to— ceive assistance under this part if— the public water system is located. The Ad- ‘‘(i) administer, or provide technical assist- ‘‘(i) the owner or operator of the system ministrator may publish information to as- ance through, source water quality protec- agrees to undertake feasible and appropriate sist States in establishing affordability cri- tion programs, including a partnership pro- changes in operations (including ownership, teria. gram under section 1419; and management, accounting, rates, mainte- ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub- ‘‘(ii) develop and implement a capacity de- nance, consolidation, alternative water sup- section (d), in any case in which the State velopment strategy under section 1418(c) in ply, or other procedures) if the State deter- makes a loan pursuant to subsection (d) to a the State. mines that such measures are necessary to disadvantaged community or to a commu- ‘‘(B) LIMITATION.—Amounts expended by a ensure that the system has the technical, nity that the State expects to become a dis- State pursuant to this paragraph for any fis- managerial, and financial capability to com- advantaged community as the result of a cal year may not exceed an amount that is ply with the requirements of this title over proposed project, the State may provide ad- equal to the amount of the grant funds avail- the long term; and ditional subsidization (including forgiveness able to the State for that fiscal year under ‘‘(ii) the use of the assistance will ensure of principal). section 1443(a). compliance. ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each ‘‘(C) STATE FUNDS.—For any fiscal year, ‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—A fiscal year, the total amount of loan sub- funds may not be expended pursuant to this State loan fund, or the Administrator in the paragraph unless the Administrator deter- case of direct grants under section 1472(f), sidies made by a State pursuant to para- graph (2) may not exceed 30 percent of the mines that the amount of State funds made may provide financial assistance only to available to carry out the public water sys- community water systems, publicly owned amount of the capitalization grant received by the State for the year. tem supervision program under section water systems (other than systems owned by 1443(a) for the fiscal year is not less than the ‘‘(f) SOURCE WATER QUALITY PROTECTION Federal agencies), and nonprofit noncommu- amount of State funds made available to AND CAPACITY DEVELOPMENT.— nity water systems. carry out the program for fiscal year 1993. ‘‘(d) TYPES OF ASSISTANCE.—Except as oth- ‘‘(1) IN GENERAL.—Notwithstanding sub- erwise limited by State law, the amounts de- section (b)(1), a State may— ‘‘(b) INTENDED USE PLANS.— posited into a State loan fund under this sec- ‘‘(A) provide assistance, only in the form of ‘‘(1) IN GENERAL.—After providing for pub- tion may be used only— a loan, to— lic review and comment, each State that has ‘‘(1) to make loans, on the condition that— ‘‘(i) any public water system described in entered into a capitalization agreement pur- ‘‘(A) the interest rate for each loan is less subsection (c) to acquire land or a conserva- suant to this part shall annually prepare a than or equal to the market interest rate, in- tion easement from a willing seller or grant- plan that identifies the intended uses of the cluding an interest free loan; or, if the purpose of the acquisition is to pro- amounts available to the State loan fund of ‘‘(B) principal and interest payments on tect the source water of the system from the State. each loan will commence not later than 1 contamination; or ‘‘(2) CONTENTS.—An intended use plan shall year after completion of the project for ‘‘(ii) any community water system de- include— which the loan was made, and each loan will scribed in subsection (c) to provide funding ‘‘(A) a list of the projects to be assisted in be fully amortized not later than 20 years in accordance with section 1419(d)(1)(C)(i); the first fiscal year that begins after the after the completion of the project, except ‘‘(B) provide assistance, including tech- date of the plan, including a description of that in the case of a disadvantaged commu- nical and financial assistance, to any public the project, the expected terms of financial nity (as defined in subsection (e)(1)), a State water system as part of a capacity develop- assistance, and the size of the community may provide an extended term for a loan, if ment strategy developed and implemented in served; the extended term— accordance with section 1418(c); and ‘‘(B) the criteria and methods established ‘‘(i) terminates not later than the date ‘‘(C) make expenditures from the capital- for the distribution of funds; and that is 30 years after the date of project com- ization grant of the State for fiscal years ‘‘(C) a description of the financial status of pletion; and 1996 and 1997 to delineate and assess source the State loan fund and the short-term and ‘‘(ii) does not exceed the expected design water protection areas in accordance with long-term goals of the State loan fund. life of the project; section 1419, except that funds set aside for ‘‘(3) USE OF FUNDS.— July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7723

‘‘(A) IN GENERAL.—An intended use plan tions as are necessary to carry out this part, ducted in accordance with sound and objec- shall provide, to the maximum extent prac- including guidance and regulations to ensure tive scientific practices, that— ticable, that priority for the use of funds be that— ‘‘(i) the contaminant may have an adverse given to projects that— ‘‘(1) each State commits and expends funds effect on the health of persons; and ‘‘(i) address the most serious risk to from the State loan fund in accordance with ‘‘(ii) the contaminant is known to occur or human health; the requirements of this part and applicable there is a substantial likelihood that the ‘‘(ii) are necessary to ensure compliance Federal and State laws; and contaminant will occur in public water sys- with the requirements of this title (including ‘‘(2) the States and eligible public water tems with a frequency and at levels of public requirements for filtration); and systems that receive funds under this part health concern. ‘‘(iii) assist systems most in need on a per use accounting procedures that conform to ‘‘(B) SELECTION AND LISTING OF CONTAMI- household basis according to State afford- generally accepted accounting principles, au- NANTS FOR CONSIDERATION.— ability criteria. diting procedures that conform to chapter 75 ‘‘(i) IN GENERAL.—Not later than July 1, ‘‘(B) LIST OF PROJECTS.—Each State shall, of title 31, United States Code (commonly 1997, the Administrator (after consultation after notice and opportunity for public com- known as the ‘Single Audit Act of 1984’), and with the Secretary of Health and Human ment, publish and periodically update a list such fiscal procedures as the Administrator Services) shall publish and periodically, but of projects in the State that are eligible for may prescribe. assistance under this part, including the pri- not less often than every 5 years, update a ‘‘AUTHORIZATION OF APPROPRIATIONS ority assigned to each project and, to the ex- list of contaminants that are known or an- tent known, the expected funding schedule ‘‘SEC. 1478. (a) GENERAL AUTHORIZATION.— ticipated to occur in drinking water provided for each project. There are authorized to be appropriated to by public water systems and that may war- the Environmental Protection Agency to rant regulation under this title. ‘‘STATE LOAN FUND MANAGEMENT carry out this part $600,000,000 for fiscal year ‘‘(ii) RESEARCH AND STUDY PLAN.—At such ‘‘SEC. 1475. (a) IN GENERAL.—Not later than 1994 and $1,000,000,000 for each of fiscal years time as a list is published under clause (i), 1 year after the date of enactment of this 1995 through 2003. the Administrator shall describe available part, and annually thereafter, the Adminis- ‘‘(b) HEALTH EFFECTS RESEARCH.—From and needed information and research with trator shall conduct such reviews and audits funds appropriated pursuant to this section respect to— as the Administrator considers appropriate, for each fiscal year, the Administrator shall ‘‘(I) the health effects of the contaminants; or require each State to have the reviews reserve $10,000,000 for health effects research ‘‘(II) the occurrence of the contaminants in and audits independently conducted, in ac- on drinking water contaminants authorized cordance with the single audit requirements drinking water; and by section 1442. In allocating funds made of chapter 75 of title 31, United States Code. ‘‘(III) treatment techniques and other available under this subsection, the Adminis- ‘‘(b) STATE REPORTS.—Not later than 2 means that may be feasible to control the years after the date of enactment of this trator shall give priority to research con- contaminants. part, and every 2 years thereafter, each cerning the health effects of ‘‘(iii) COMMENT.—The Administrator shall State that administers a State loan fund cryptosporidium, disinfection byproducts, seek comment on each list and any research shall publish and submit to the Adminis- and arsenic, and the implementation of a re- plan that is published from officials of State trator a report on the activities of the State search plan for subpopulations at greater and local governments, operators of public under this part, including the findings of the risk of adverse effects pursuant to section water systems, the scientific community, most recent audit of the State loan fund. 1442(l). and the general public. ‘‘(c) DRINKING WATER NEEDS SURVEY AND ‘‘(c) MONITORING FOR UNREGULATED CON- ‘‘(C) DETERMINATION.— TAMINANTS ASSESSMENT.—Not later than 1 year after the .—From funds appropriated pursu- ‘‘(i) IN GENERAL.—Except as provided in date of enactment of this part, and every 4 ant to this section for each fiscal year begin- clause (ii), not later than July 1, 2001, and years thereafter, the Administrator shall ning with fiscal year 1997, the Administrator every 5 years thereafter, the Administrator submit to Congress a survey and assessment shall reserve $2,000,000 to pay the costs of shall take one of the following actions for of the needs for facilities in each State eligi- monitoring for unregulated contaminants not fewer than 5 contaminants: ble for assistance under this part (including, under section 1445(a)(2)(D). ‘‘(I) Publish a determination that informa- ‘‘(d) SMALL SYSTEM TECHNICAL ASSIST- in the case of the State of Alaska, the needs tion available to the Administrator does not of Native villages (as defined in section 3(c) ANCE.— warrant the issuance of a national primary of the Alaska Native Claims Settlement Act ‘‘(1) IN GENERAL.—Subject to paragraph (2), drinking water regulation. (43 U.S.C. 1602 (c))). The survey and assess- from funds appropriated pursuant to this ‘‘(II) Publish a determination that a na- ment conducted pursuant to this subsection section for each fiscal year for which the ap- tional primary drinking water regulation is shall— propriation made pursuant to subsection (a) warranted based on information available to ‘‘(1) identify, by State, the needs for exceeds $800,000,000, the Administrator shall the Administrator, and proceed to propose a projects or facilities owned or controlled by reserve to carry out section 1442(g) an community water systems eligible for assist- amount that is equal to any amount by maximum contaminant level goal and na- ance under this part on the date of the as- which the amount made available to carry tional primary drinking water regulation sessment (other than refinancing for a out section 1442(g) is less than the amount not later than 2 years after the date of publi- project pursuant to section 1473(d)(2)); referred to in the third sentence of section cation of the determination. ‘‘(2) estimate the needs for eligible facili- 1442(g). ‘‘(III) Propose a maximum contaminant ties over the 20-year period following the ‘‘(2) MAXIMUM AMOUNT.—For each fiscal level goal and national primary drinking date of the assessment; year, the amount reserved under paragraph water regulation. ‘‘(3) identify, by size category, the popu- (1) shall be not greater than an amount equal ‘‘(ii) INSUFFICIENT INFORMATION.—If the Ad- lation served by public water systems with to the lesser of— ministrator determines that available infor- needs identified pursuant to paragraph (1); ‘‘(A) 2 percent of the funds appropriated mation is insufficient to make a determina- and pursuant to this section for the fiscal year; tion for a contaminant under clause (i), the ‘‘(4) include such other information as the or Administrator may publish a determination Administrator determines to be appropriate. ‘‘(B) $10,000,000.’’. to continue to study the contaminant. Not ‘‘(d) EVALUATION.—The Administrator shall SEC. 4. SELECTION OF CONTAMINANTS; SCHED- later than 5 years after the Administrator conduct an evaluation of the effectiveness of ULE. determines that further study is necessary the State loan funds through fiscal year 1999. (a) STANDARDS.—Section 1412(b) (42 U.S.C. for a contaminant pursuant to this clause, The evaluation shall be submitted to Con- 300g–1(b)) is amended by striking ‘‘(b)(1)’’ and the Administrator shall make a determina- gress at the same time as the President sub- all that follows through the end of paragraph tion under clause (i). mits to Congress, pursuant to section 1108 of (3) and inserting the following: ‘‘(iii) ASSESSMENT.—The determinations title 31, United States Code, an appropria- ‘‘(b) STANDARDS.— under clause (i) shall be based on an assess- tions request for fiscal year 2001 relating to ‘‘(1) IDENTIFICATION OF CONTAMINANTS FOR ment of— the budget of the Environmental Protection LISTING.— ‘‘(I) the available scientific knowledge that Agency. ‘‘(A) GENERAL AUTHORITY.—The Adminis- is consistent with the requirements of para- ‘‘ENFORCEMENT trator shall publish a maximum contami- graph (3)(A) and useful in determining the ‘‘SEC. 1476. The failure or inability of any nant level goal and promulgate a national nature and extent of adverse effects on the public water system to receive funds under primary drinking water regulation for each health of persons that may occur due to the this part or any other loan or grant program, contaminant (other than a contaminant re- presence of the contaminant in drinking or any delay in obtaining the funds, shall not ferred to in paragraph (2) for which a na- water; alter the obligation of the system to comply tional primary drinking water regulation ‘‘(II) information on the occurrence of the in a timely manner with all applicable has been promulgated as of the date of enact- contaminant in drinking water; and drinking water standards and requirements ment of the Safe Drinking Water Act ‘‘(III) the treatment technologies, treat- of this title. Amendments of 1995) if the Administrator ment techniques, or other means that may ‘‘REGULATIONS AND GUIDANCE determines, based on adequate data and ap- be feasible in reducing the contaminant in ‘‘SEC. 1477. The Administrator shall publish propriate peer-reviewed scientific informa- drinking water provided by public water sys- such guidance and promulgate such regula- tion and an assessment of health risks, con- tems. H7724 CONGRESSIONAL RECORD — HOUSE July 17, 1996

‘‘(iv) PRIORITIES.—In making determina- ble to the contaminant for which the substi- ative and understandable. The Administrator tions under this subparagraph, the Adminis- tution is made. shall, in a document made available to the trator shall give priority to those contami- ‘‘(C) DISINFECTANTS AND DISINFECTION BY- public in support of a regulation promul- nants not currently regulated that are asso- PRODUCTS.— gated under this section, specify, to the ex- ciated with the most serious adverse health ‘‘(i) INFORMATION COLLECTION RULE.— tent practicable— effects and that present the greatest poten- ‘‘(I) IN GENERAL.—Not later than December ‘‘(i) each population addressed by any esti- tial risk to the health of persons due to the 31, 1995, the Administrator shall, after notice mate of public health effects; presence of the contaminant in drinking and opportunity for public comment, pro- ‘‘(ii) the expected risk or central estimate water provided by public water systems. mulgate an information collection rule to of risk for the specific populations; ‘‘(v) REVIEW.—Each document setting forth obtain information that will facilitate fur- ‘‘(iii) each appropriate upper-bound or the determination for a contaminant under ther revisions to the national primary drink- lower-bound estimate of risk; clause (i) shall be available for public com- ing water regulation for disinfectants and ‘‘(iv) each uncertainty identified in the ment at such time as the determination is disinfection byproducts, including informa- process of the assessment of public health ef- published. tion on microbial contaminants such as fects and research that would assist in re- ‘‘(vi) JUDICIAL REVIEW.—Determinations cryptosporidium. solving the uncertainty; and made by the Administrator pursuant to ‘‘(II) EXTENSION.—The Administrator may ‘‘(v) peer-reviewed studies known to the clause (i)(I) shall be considered final agency extend the deadline under subclause (I) for Administrator that support, are directly rel- actions for the purposes of section 1448. No up to 180 days if the Administrator deter- evant to, or fail to support any estimate of determination under clause (i)(I) shall be set mines that progress toward approval of an public health effects and the methodology aside by a court pursuant to a review author- appropriate analytical method to screen for used to reconcile inconsistencies in the sci- ized under that section, unless the court cryptosporidium is sufficiently advanced and entific data. finds that the determination is arbitrary and approval is likely to be completed within the ‘‘(C) HEALTH RISK REDUCTION AND COST capricious. additional time period. ANALYSIS.— ‘‘(D) URGENT THREATS TO PUBLIC HEALTH.— ‘‘(ii) ADDITIONAL DEADLINES.—The time in- ‘‘(i) MAXIMUM CONTAMINANT LEVELS.—Not The Administrator may promulgate an in- tervals between promulgation of a final in- terim national primary drinking water regu- formation collection rule, an Interim En- later than 90 days prior to proposing any na- lation for a contaminant without listing the hanced Surface Water Treatment Rule, a tional primary drinking water regulation contaminant under subparagraph (B) or pub- Final Enhanced Surface Water Treatment that includes a maximum contaminant level, lishing a determination for the contaminant Rule, a Stage I Disinfectants and Disinfec- the Administrator shall, with respect to a under subparagraph (C) to address an urgent tion Byproducts Rule, and a Stage II Dis- maximum contaminant level that would be threat to public health as determined by the infectants and Disinfection Byproducts Rule considered in accordance with paragraph (4) Administrator after consultation with and shall be in accordance with the schedule pub- in a proposed regulation and each alter- written response to any comments provided lished in volume 59, Federal Register, page native maximum contaminant level that by the Secretary of Health and Human Serv- 6361 (February 10, 1994), in table III.13 of the would be considered in a proposed regulation ices, acting through the director of the Cen- proposed Information Collection Rule. If a pursuant to paragraph (5) or (6)(A), publish, ters for Disease Control and Prevention or delay occurs with respect to the promulga- seek public comment on, and use for the pur- the director of the National Institutes of tion of any rule in the timetable established poses of paragraphs (4), (5), and (6) an analy- Health. A determination for any contami- by this subparagraph, all subsequent rules sis of— nant in accordance with subparagraph (C) shall be completed as expeditiously as prac- ‘‘(I) the health risk reduction benefits (in- subject to an interim regulation under this ticable subject to agreement by all the par- cluding non-quantifiable health benefits subparagraph shall be issued not later than 3 ties to the negotiated rulemaking, but no identified and described by the Adminis- years after the date on which the regulation later than a revised date that reflects the in- trator, except that such benefits shall not be is promulgated and the regulation shall be terval or intervals for the rules in the time- used by the Administrator for purposes of de- repromulgated, or revised if appropriate, not table. termining whether a maximum contaminant later than 5 years after that date. ‘‘(D) PRIOR REQUIREMENTS.—The require- level is or is not justified unless there is a ‘‘(E) MONITORING DATA AND OTHER INFORMA- ments of subparagraphs (C) and (D) of sec- factual basis in the rulemaking record to TION.—The Administrator may require, in ac- tion 1412(b)(3) (as in effect before the amend- conclude that such benefits are likely to cordance with section 1445(a)(2), the submis- ment made by section 4(a) of the Safe Drink- occur) expected as the result of treatment to sion of monitoring data and other informa- ing Water Act Amendments of 1995), and any comply with each level; tion necessary for the development of stud- obligation to promulgate regulations pursu- ‘‘(II) the health risk reduction benefits (in- ies, research plans, or national primary ant to such subparagraphs not promulgated cluding non-quantifiable health benefits drinking water regulations. as of the date of enactment of the Safe identified and described by the Adminis- ‘‘(2) SCHEDULES AND DEADLINES.— Drinking Water Act Amendments of 1995, are trator, except that such benefits shall not be ‘‘(A) IN GENERAL.—In the case of the con- superseded by this paragraph and paragraph used by the Administrator for purposes of de- taminants listed in the Advance Notice of (1).’’. termining whether a maximum contaminant Proposed Rulemaking published in volume (b) CONFORMING AMENDMENTS.— level is or is not justified unless there is a 47, Federal Register, page 9352, and in vol- (1) Section 1412(a)(3) (42 U.S.C. 300g–1(a)(3)) factual basis in the rulemaking record to ume 48, Federal Register, page 45502, the Ad- is amended by striking ‘‘paragraph (1), (2), or conclude that such benefits are likely to ministrator shall publish maximum con- (3) of subsection (b)’’ each place it appears occur) expected from reductions in co-occur- taminant level goals and promulgate na- and inserting ‘‘paragraph (1) or (2) of sub- ring contaminants that may be attributed tional primary drinking water regulations— section (b)’’. solely to compliance with the maximum con- ‘‘(i) not later than 1 year after June 19, (2) Section 1415(d) (42 U.S.C. 300g–4(d)) is taminant level, excluding benefits resulting 1986, for not fewer than 9 of the listed con- amended by striking ‘‘section 1412(b)(3)’’ and from compliance with other proposed or pro- taminants; inserting ‘‘section 1412(b)(7)(A)’’. mulgated regulations; ‘‘(ii) not later than 2 years after June 19, SEC. 5. RISK ASSESSMENT, MANAGEMENT, AND ‘‘(III) the costs (including non-quantifiable 1986, for not fewer than 40 of the listed con- COMMUNICATION. costs identified and described by the Admin- taminants; and Section 1412(b) (42 U.S.C. 300g–1(b)) (as istrator, except that such costs shall not be ‘‘(iii) not later than 3 years after June 19, amended by section 4) is further amended by used by the Administrator for purposes of de- 1986, for the remainder of the listed contami- inserting after paragraph (2) the following: termining whether a maximum contaminant nants. ‘‘(3) RISK ASSESSMENT, MANAGEMENT AND level is or is not justified unless there is a ‘‘(B) SUBSTITUTION OF CONTAMINANTS.—If COMMUNICATION.— factual basis in the rulemaking record to the Administrator identifies a drinking ‘‘(A) USE OF SCIENCE IN DECISIONMAKING.— conclude that such costs are likely to occur) water contaminant the regulation of which, In carrying out this section, and, to the de- expected solely as a result of compliance in the judgment of the Administrator, is gree that an Agency action is based on with the maximum contaminant level, in- more likely to be protective of public health science in carrying out this title, the Admin- cluding monitoring, treatment, and other (taking into account the schedule for regula- istrator shall use— costs and excluding costs resulting from tion under subparagraph (A)) than a con- ‘‘(i) the best available, peer-reviewed compliance with other proposed or promul- taminant referred to in subparagraph (A), science and supporting studies conducted in gated regulations; the Administrator may publish a maximum accordance with sound and objective sci- ‘‘(IV) the incremental costs and benefits contaminant level goal and promulgate a na- entific practices; and associated with each alternative maximum tional primary drinking water regulation for ‘‘(ii) data collected by accepted methods or contaminant level considered; the identified contaminant in lieu of regulat- best available methods (if the reliability of ‘‘(V) the effects of the contaminant on the ing the contaminant referred to in subpara- the method and the nature of the decision general population and on groups within the graph (A). Substitutions may be made for justifies use of the data). general population such as infants, children, not more than 7 contaminants referred to in ‘‘(B) PUBLIC INFORMATION.—In carrying out pregnant women, the elderly, individuals subparagraph (A). Regulation of a contami- this section, the Administrator shall ensure with a history of serious illness, or other nant identified under this subparagraph shall that the presentation of information on pub- subpopulations that are identified as likely be in accordance with the schedule applica- lic health effects is comprehensive, inform- to be at greater risk of adverse health effects July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7725 due to exposure to contaminants in drinking (2) by striking ‘‘(5) For the’’ and inserting a maximum contaminant level in a Stage I water than the general population; the following: or Stage II national primary drinking water ‘‘(VI) any increased health risk that may ‘‘(D) DEFINITION OF FEASIBLE.—For the’’; regulation for contaminants that are dis- occur as the result of compliance, including (3) in the second sentence of paragraph infectants or disinfection byproducts (as de- risks associated with co-occurring contami- (4)(D) (as so designated), by striking ‘‘para- scribed in paragraph (2)), or to establish a nants; and graph (4)’’ and inserting ‘‘this paragraph’’; maximum contaminant level or treatment ‘‘(VII) other relevant factors, including the (4) by striking ‘‘(6) Each national’’ and in- technique requirement for the control of quality and extent of the information, the serting the following: cryptosporidium. The authority of this para- uncertainties in the analysis supporting sub- ‘‘(E) FEASIBLE TECHNOLOGIES.—Each na- graph may be used to establish regulations clauses (I) through (VI), and factors with re- tional’’; for the use of disinfection by systems relying spect to the degree and nature of the risk. (5) in paragraph (4)(E) (as so designated), on ground water sources as required by para- ‘‘(ii) TREATMENT TECHNIQUES.—Not later by striking ‘‘this paragraph’’ and inserting graph (8). than 90 days prior to proposing a national ‘‘this subsection’’; and ‘‘(D) JUDICIAL REVIEW.—A determination primary drinking water regulation that in- (6) by inserting after paragraph (4) (as so by the Administrator that the benefits of a cludes a treatment technique in accordance amended) the following: maximum contaminant level or treatment with paragraph (7)(A), the Administrator ‘‘(5) ADDITIONAL HEALTH RISK CONSIDER- requirement justify or do not justify the shall publish and seek public comment on an ATIONS.— costs of complying with the level shall be re- analysis of the health risk reduction benefits ‘‘(A) IN GENERAL.—Notwithstanding para- viewed by the court pursuant to section 1448 and costs likely to be experienced as the re- graph (4), the Administrator may establish a only as part of a review of a final national sult of compliance with the treatment tech- maximum contaminant level for a contami- primary drinking water regulation that has nique and alternative treatment techniques nant at a level other than the feasible level, been promulgated based on the determina- that would be considered in a proposed regu- if the technology, treatment techniques, and tion and shall not be set aside by the court lation, taking into account, as appropriate, other means used to determine the feasible under that section, unless the court finds the factors described in clause (i). level would result in an increase in the that the determination is arbitrary and ca- ‘‘(iii) APPROACHES TO MEASURE AND VALUE health risk from drinking water by— pricious.’’. BENEFITS.—The Administrator may identify ‘‘(i) increasing the concentration of other (b) DISINFECTANTS AND DISINFECTION BY- valid approaches for the measurement and contaminants in drinking water; or PRODUCTS.—The Administrator of the Envi- valuation of benefits under this subpara- ‘‘(ii) interfering with the efficacy of drink- ronmental Protection Agency may use the graph, including approaches to identify ing water treatment techniques or processes authority of section 1412(b)(5) of the Public consumer willingness to pay for reductions that are used to comply with other national Health Service Act (as amended by sub- in health risks from drinking water contami- primary drinking water regulations. section (a)) to promulgate the Stage I rule- nants. ‘‘(B) ESTABLISHMENT OF LEVEL.—If the Ad- making for disinfectants and disinfection by- ministrator establishes a maximum con- products as proposed in volume 59, Federal ‘‘(iv) FORM OF NOTICE.—Whenever a na- Register, page 38668 (July 29, 1994). Unless tional primary drinking water regulation is taminant level or levels or requires the use new information warrants a modification of expected to result in compliance costs great- of treatment techniques for any contami- nant or contaminants pursuant to the au- the proposal as provided for in the ‘‘Disinfec- er than $75,000,000 per year, the Adminis- thority of this paragraph— tion and Disinfection Byproducts Negotiated trator shall provide the notice required by ‘‘(i) the level or levels or treatment tech- Rulemaking Committee Agreement’’, noth- clause (i) or (ii) through an advanced notice niques shall minimize the overall risk of ad- ing in such section shall be construed to re- of proposed rulemaking. verse health effects by balancing the risk quire the Administrator to modify the provi- ‘‘(v) AUTHORIZATION.—There are authorized from the contaminant and the risk from sions of the rulemaking as proposed. to be appropriated to the Administrator, act- other contaminants the concentrations of (c) REVIEW OF STANDARDS.—Section 1412(b) ing through the Office of Ground Water and which may be affected by the use of a treat- (42 U.S.C. 300g–1(b)) is amended by striking Drinking Water, to conduct studies, assess- ment technique or process that would be em- paragraph (9) and inserting the following: ments, and analyses in support of regula- ployed to attain the maximum contaminant ‘‘(9) REVIEW AND REVISION.—The Adminis- tions or the development of methods, level or levels; and trator shall, not less often than every 6 $35,000,000 for each of fiscal years 1996 ‘‘(ii) the combination of technology, treat- years, review and revise, as appropriate, each through 2003.’’. ment techniques, or other means required to national primary drinking water regulation SEC. 6. STANDARD-SETTING; REVIEW OF STAND- meet the level or levels shall not be more promulgated under this title. Any revision of ARDS. stringent than is feasible (as defined in para- a national primary drinking water regula- (a) IN GENERAL.—Section 1412(b) (42 U.S.C. graph (4)(D)). tion shall be promulgated in accordance with 300g–1(b)) is amended— ‘‘(6) ADDITIONAL HEALTH RISK REDUCTION this section, except that each revision shall (1) in paragraph (4)— AND COST CONSIDERATIONS.— maintain or provide for greater protection of (A) by striking ‘‘(4) Each’’ and inserting ‘‘(A) IN GENERAL.—Notwithstanding para- the health of persons.’’. the following: graph (4), if the Administrator determines SEC. 7. ARSENIC. ‘‘(4) GOALS AND STANDARDS.— based on an analysis conducted under para- Section 1412(b) (42 U.S.C. 300g–1(b)) is ‘‘(A) MAXIMUM CONTAMINANT LEVEL graph (3)(C) that the benefits of a maximum amended by adding at the end the following: GOALS.—Each’’; contaminant level promulgated in accord- ‘‘(12) ARSENIC.— (B) in subparagraph (A) (as so designated), ance with paragraph (4) would not justify the ‘‘(A) SCHEDULE AND STANDARD.—Notwith- by inserting after the first sentence the fol- costs of complying with the level, the Ad- standing paragraph (2), the Administrator lowing: ‘‘The maximum contaminant level ministrator may, after notice and oppor- shall promulgate a national primary drink- goal for contaminants that are known or tunity for public comment, promulgate a ing water regulation for arsenic in accord- likely to cause cancer in humans may be set maximum contaminant level for the con- ance with the schedule established by this at a level other than zero, if the Adminis- taminant that maximizes health risk reduc- paragraph and pursuant to this subsection. trator determines, based on the best avail- tion benefits at a cost that is justified by the ‘‘(B) RESEARCH PLAN.—Not later than 180 able, peer-reviewed science, that there is a benefits. days after the date of enactment of this threshold level below which there is unlikely ‘‘(B) EXCEPTION.—The Administrator shall paragraph, the Administrator shall develop a to be any increase in cancer risk and the Ad- not use the authority of this paragraph to comprehensive plan for research in support ministrator sets the maximum contaminant promulgate a maximum contaminant level of drinking water rulemaking to reduce the level goal at that level with an adequate for a contaminant, if the benefits of compli- uncertainty in assessing health risks associ- margin of safety.’’; ance with a national primary drinking water ated with exposure to low levels of arsenic. (C) in the last sentence— regulation for the contaminant that would The Administrator shall consult with the (i) by striking ‘‘Each national’’ and insert- be promulgated in accordance with para- Science Advisory Board established by sec- ing the following: graph (4) experienced by— tion 8 of the Environmental Research, Devel- ‘‘(B) MAXIMUM CONTAMINANT LEVELS.— Ex- ‘‘(i) persons served by large public water opment, and Demonstration Act of 1978 (42 cept as provided in paragraphs (5) and (6), systems; and U.S.C. 4365), other Federal agencies, and in- each national’’; and ‘‘(ii) persons served by such other systems terested public and private entities. (ii) by striking ‘‘maximum level’’ and in- as are unlikely, based on information pro- ‘‘(C) RESEARCH PROJECTS.—The Adminis- serting ‘‘maximum contaminant level’’; and vided by the States, to receive a variance trator shall carry out the research plan, tak- (D) by adding at the end the following: under section 1415(e); ing care to avoid duplication of other re- ‘‘(C) DETERMINATION.—At the time the Ad- would justify the costs to the systems of search in progress. The Administrator may ministrator proposes a national primary complying with the regulation. This sub- enter into cooperative research agreements drinking water regulation under this para- paragraph shall not apply if the contaminant with other Federal agencies, State and local graph, the Administrator shall publish a de- is found almost exclusively in small systems governments, and other interested public termination as to whether the benefits of the (as defined in section 1415(e)). and private entities to carry out the re- maximum contaminant level justify, or do ‘‘(C) DISINFECTANTS AND DISINFECTION BY- search plan. not justify, the costs based on the analysis PRODUCTS.—The Administrator may not use ‘‘(D) ASSESSMENT.—Not later than 31⁄2 conducted under paragraph (3)(C).’’; the authority of this paragraph to establish years after the date of enactment of this H7726 CONGRESSIONAL RECORD — HOUSE July 17, 1996 paragraph, the Administrator shall review response relationship for the adverse health and activities in, those watersheds, if the the progress of the research to determine effects that may result from exposure to sul- State determines (and the Administrator whether the health risks associated with ex- fate in drinking water, including the health concurs) that the quality of the source water posure to low levels of arsenic are suffi- effects that may be experienced by groups and the alternative treatment requirements ciently well understood to proceed with a na- within the general population (including in- established by the State ensure significantly tional primary drinking water regulation. fants and travelers) that are potentially at greater removal efficiencies of pathogenic The Administrator shall consult with the greater risk of adverse health effects as the organisms for which national primary drink- Science Advisory Board, other Federal agen- result of such exposure. The research shall ing water regulations have been promulgated cies, and other interested public and private be conducted in consultation with interested or that are of public health concern than entities as part of the review. States, shall be based on the best available, would be achieved by the combination of fil- ‘‘(E) PROPOSED REGULATION.—The Adminis- peer-reviewed science and supporting studies tration and chlorine disinfection (in compli- trator shall propose a national primary conducted in accordance with sound and ob- ance with this paragraph and paragraph drinking water regulation for arsenic not jective scientific practices and shall be com- (8)).’’. later than January 1, 2000. pleted not later than 30 months after the (b) FILTRATION TECHNOLOGY FOR SMALL SYSTEMS.—Section 1412(b)(7)(C) (42 U.S.C. ‘‘(F) FINAL REGULATION.—Not later than date of enactment of this paragraph. 300g–1(b)(7)(C)) is amended by adding at the January 1, 2001, after notice and opportunity ‘‘(B) PROPOSED AND FINAL RULE.—Prior to end the following: for public comment, the Administrator shall promulgating a national primary drinking ‘‘(v) FILTRATION TECHNOLOGY FOR SMALL promulgate a national primary drinking water regulation for sulfate and after con- SYSTEMS.—At the same time as the Adminis- water regulation for arsenic.’’. sultation with interested States, the Admin- trator proposes an Interim Enhanced Surface istrator shall publish a notice of proposed SEC. 8. RADON. Water Treatment Rule pursuant to para- rulemaking that shall supersede the proposal Section 1412(b) (42 U.S.C. 300g–1(b)) (as graph (2)(C)(ii), the Administrator shall pro- published in December, 1994. For purposes of amended by section 7) is further amended by pose a regulation that describes treatment the proposed and final rule, the Adminis- adding at the end the following: techniques that meet the requirements for trator may specify in the regulation require- ‘‘(13) RADON IN DRINKING WATER.— filtration pursuant to this subparagraph and ments for public notification and options for ‘‘(A) REGULATION.—Notwithstanding para- are feasible for community water systems the provision of alternative water supplies to graph (2), not later than 180 days after the serving a population of 3,300 or fewer and populations at risk as a means of complying date of enactment of this paragraph, the Ad- noncommunity water systems.’’. with the regulation in lieu of a best available ministrator shall promulgate a national pri- (c) GROUND WATER DISINFECTION.—The first mary drinking water regulation for radon. treatment technology or other means. The sentence of section 1412(b)(8) (42 U.S.C. 300g– ‘‘(B) MAXIMUM CONTAMINANT LEVEL.—Not- Administrator shall, pursuant to the au- 1(b)(8)) is amended— withstanding any other provision of law, the thorities of this subsection and after notice (1) by striking ‘‘Not later than 36 months regulation shall provide for a maximum con- and opportunity for public comment, pro- after the enactment of the Safe Drinking taminant level for radon of 3,000 picocuries mulgate a final national primary drinking Water Act Amendments of 1986, the Adminis- per liter. water regulation for sulfate not later than 48 trator shall propose and promulgate’’ and in- ‘‘(C) REVISION.— months after the date of enactment of this serting ‘‘At any time after the end of the 3- ‘‘(i) IN GENERAL.—Subject to clause (ii), a paragraph. year period that begins on the date of enact- revision to the regulation promulgated under ‘‘(C) EFFECT ON OTHER LAWS.— ment of the Safe Drinking Water Act subparagraph (A) may be made pursuant to ‘‘(i) FEDERAL LAWS.—Notwithstanding part Amendments of 1995 but not later than the this subsection. The revision may include a C, section 311 of the Federal Water Pollution date on which the Administrator promul- maximum contaminant level less stringent Control Act (33 U.S.C. 1321), subtitle C or D gates a Stage II rulemaking for disinfectants than 3,000 picocuries per liter as provided in of the Solid Waste Disposal Act (42 U.S.C. and disinfection byproducts (as described in paragraphs (4) and (9) or a maximum con- 6921 et seq.), or section 107 or 121(d) of the paragraph (2)), the Administrator shall also taminant level more stringent than 3,000 Comprehensive Environmental Response, promulgate’’; and picocuries per liter as provided in clause (ii). Compensation, and Liability Act of 1980 (42 (2) by striking the period at the end and in- ‘‘(ii) MAXIMUM CONTAMINANT LEVEL.— U.S.C. 9607 and 9621(d)), no national primary serting the following: ‘‘, including surface ‘‘(I) CRITERIA FOR REVISION.—The Adminis- drinking water regulation for sulfate shall water systems and, as necessary, ground trator shall not revise the maximum con- be— water systems. After consultation with the taminant level for radon to a more stringent ‘‘(I) used as a standard for determining States, the Administrator shall (as part of level than the level established under sub- compliance with any provision of any law the regulations) promulgate criteria that the paragraph (B) unless— other than this subsection; Administrator, or a State that has primary ‘‘(aa) the revision is made to reflect con- ‘‘(II) used as a standard for determining ap- enforcement responsibility under section sideration of risks from the ingestion of propriate cleanup levels or whether cleanup 1413, shall apply to determine whether dis- radon in drinking water and episodic uses of should be undertaken with respect to any fa- infection shall be required as a treatment drinking water; cility or site; technique for any public water system served ‘‘(bb) the revision is supported by peer-re- ‘‘(III) considered to be an applicable or rel- by ground water.’’. evant and appropriate requirement for any viewed scientific studies conducted in ac- SEC. 11. EFFECTIVE DATE FOR REGULATIONS. cordance with sound and objective scientific such cleanup; or Section 1412(b) (42 U.S.C. 300g–1(b)) is practices; and ‘‘(IV) used for the purpose of defining in- amended by striking paragraph (10) and in- ‘‘(cc) based on the studies, the National jury to a natural resource; serting the following: unless the Administrator, by rule and after Academy of Sciences and the Science Advi- ‘‘(10) EFFECTIVE DATE.—A national primary sory Board, established by section 8 of the notice and opportunity for public comment, drinking water regulation promulgated Environmental Research, Development, and determines that the regulation is appro- under this section shall take effect on the Demonstration Act of 1978 (42 U.S.C. 4365), priate for a use described in subclause (I), date that is 3 years after the date on which consider a revision of the maximum con- (II), (III), or (IV). the regulation is promulgated unless the Ad- taminant level to be appropriate. ‘‘(ii) STATE LAWS.—This subparagraph shall ministrator determines that an earlier date ‘‘(II) AMOUNT OF REVISION.—If the Adminis- not affect any requirement of State law, in- is practicable, except that the Adminis- trator determines to revise the maximum cluding the applicability of any State stand- trator, or a State in the case of an individual contaminant level for radon in accordance ard similar to the regulation published under system, may allow up to 2 additional years with subclause (I), the maximum contami- this paragraph as a standard for any cleanup to comply with a maximum contaminant nant level shall be revised to a level that is action, compliance action, or natural re- level or treatment technique if the Adminis- no more stringent than is necessary to re- source damage action taken pursuant to trator or State determines that additional duce risks to human health from radon in such a law.’’. time is necessary for capital improve- drinking water to a level that is equivalent SEC. 10. FILTRATION AND DISINFECTION. ments.’’. to risks to human health from radon in out- (a) FILTRATION CRITERIA.—Section SEC. 12. TECHNOLOGY AND TREATMENT TECH- door air based on the national average con- 1412(b)(7)(C)(i) is amended by adding at the NIQUES; TECHNOLOGY CENTERS. centration of radon in outdoor air.’’. end thereof the following: ‘‘Not later than 18 (a) SYSTEM TREATMENT TECHNOLOGIES.— SEC. 9. SULFATE. months after the date of enactment of the Section 1412(b) (42 U.S.C. 300g–1(b)) (as Section 1412(b) (42 U.S.C. 300g–1(b)) (as Safe Drinking Water Act Amendments of amended by section 9) is further amended by amended by section 8) is further amended by 1995, the Administrator shall amend the cri- adding at the end the following: adding at the end the following: teria issued under this clause to provide that ‘‘(15) SYSTEM TREATMENT TECHNOLOGIES.— ‘‘(14) SULFATE.— a State exercising primary enforcement re- ‘‘(A) GUIDANCE OR REGULATIONS.— ‘‘(A) ADDITIONAL RESEARCH.—Prior to pro- sponsibility for public water systems may, ‘‘(i) IN GENERAL.—At the same time as the mulgating a national primary drinking on a case-by-case basis, establish treatment Administrator promulgates a national pri- water regulation for sulfate the Adminis- requirements as an alternative to filtration mary drinking water regulation pursuant to trator and the Director of the Centers for in the case of systems having uninhabited, this section, the Administrator shall issue Disease Control shall jointly conduct addi- undeveloped watersheds in consolidated own- guidance or regulations describing all treat- tional research to establish a reliable dose- ership, and having control over access to, ment technologies for the contaminant that July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7727 is the subject of the regulation that are fea- maximum contaminant level or treatment nology research and training programs sible with the use of best technology, treat- technique requirement for a microbial con- through an interdisciplinary continuing edu- ment techniques, or other means that the taminant (or an indicator of a microbial con- cation program. Administrator finds, after examination for taminant). If the American National Stand- ‘‘(G) The projects that the grant recipient efficacy under field conditions and not solely ards Institute has issued product standards proposes to carry out under the grant are under laboratory conditions, are available applicable to a specific type of point-of-entry necessary and appropriate. taking cost into consideration for public or point-of-use treatment device, individual ‘‘(H) The grant recipient has regional sup- water systems serving— units of that type shall not be accepted for port beyond the host institution. ‘‘(I) a population of 10,000 or fewer but compliance with a maximum contaminant ‘‘(I) The grant recipient shall include the more than 3,300; level or treatment technique requirement participation of water resources research in- ‘‘(II) a population of 3,300 or fewer but unless they are independently certified in ac- stitutes established under section 104 of the more than 500; and cordance with such standards.’’. Water Resources Research Act of 1984 (42 ‘‘(III) a population of 500 or fewer but more (c) AVAILABILITY OF INFORMATION ON SMALL U.S.C. 10303). than 25. SYSTEM TECHNOLOGIES.—Section 1445 (42 ‘‘(5) ALASKA.—For purposes of this sub- ‘‘(ii) CONTENTS.—The guidance or regula- U.S.C. 300j–4) is amended by adding at the section, the State of Alaska shall be consid- tions shall identify the effectiveness of the end the following: ered to be a region. technology, the cost of the technology, and ‘‘(g) AVAILABILITY OF INFORMATION ON ‘‘(6) CONSORTIA OF STATES.—At least 2 of other factors related to the use of the tech- SMALL SYSTEM TECHNOLOGIES.—For purposes the grants under this subsection shall be nology, including requirements for the qual- of paragraphs (4)(E) and (15) of section made to consortia of States with low popu- ity of source water to ensure adequate pro- 1412(b), the Administrator may request infor- lation densities. In this paragraph, the term tection of human health, considering re- mation on the characteristics of commer- ‘consortium of States with low population moval efficiencies of the technology, and in- cially available treatment systems and tech- densities’ means a consortium of States, stallation and operation and maintenance re- nologies, including the effectiveness and per- each State of which has an average popu- quirements for the technology. formance of the systems and technologies lation density of less than 12.3 persons per ‘‘(iii) LIMITATION.—The Administrator under various operating conditions. The Ad- square mile, based on data for 1993 from the ministrator may specify the form, content, shall not issue guidance or regulations for a Bureau of the Census. and date by which information shall be sub- technology under this paragraph unless the ‘‘(7) ADDITIONAL CONSIDERATIONS.—At least mitted by manufacturers, States, and other technology adequately protects human one center established under this subsection interested persons for the purpose of consid- health, considering the expected useful life shall focus primarily on the development and ering the systems and technologies in the de- of the technology and the source waters evaluation of new technologies and new com- velopment of regulations or guidance under available to systems for which the tech- binations of existing technologies that are paragraph (4)(E) or (15) of section 1412(b).’’. nology is considered to be feasible. likely to provide more reliable or lower cost (d) SMALL WATER SYSTEMS TECHNOLOGY ‘‘(B) REGULATIONS AND GUIDANCE.—Not options for providing safe drinking water. later than 2 years after the date of enact- CENTERS.—Section 1442 (42 U.S.C. 300j–1) is amended by adding at the end the following: This center shall be located in a geographic ment of this paragraph and after consulta- region of the country with a high density of tion with the States, the Administrator shall ‘‘(h) SMALL PUBLIC WATER SYSTEMS TECH- small systems, at a university with an estab- issue guidance or regulations under subpara- NOLOGY ASSISTANCE CENTERS.— lished record of developing and piloting graph (A) for each national primary drinking ‘‘(1) GRANT PROGRAM.—The Administrator small treatment technologies in cooperation water regulation promulgated prior to the is authorized to make grants to institutions with industry, States, communities, and date of enactment of this paragraph for of higher learning to establish and operate water system associations. which a variance may be granted under sec- not fewer than 5 small public water system ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— tion 1415(e). The Administrator may, at any technology assistance centers in the United There are authorized to be appropriated to time after a national primary drinking water States. make grants under this subsection $10,000,000 regulation has been promulgated, issue guid- ‘‘(2) RESPONSIBILITIES OF THE CENTERS.— for each of fiscal years 1995 through 2003.’’. ance or regulations describing additional or The responsibilities of the small public new or innovative treatment technologies water system technology assistance centers SEC. 13. VARIANCES AND EXEMPTIONS. that meet the requirements of subparagraph established under this subsection shall in- (a) TECHNOLOGY AND TREATMENT TECH- (A) for public water systems described in clude the conduct of research, training, and NIQUES FOR SYSTEMS ISSUED VARIANCES.—The subparagraph (A)(i) that are subject to the technical assistance relating to the informa- second sentence of section 1415(a)(1)(A) (42 regulation. tion, performance, and technical needs of U.S.C. 300g–4(a)(1)(A)) is amended— ‘‘(C) NO SPECIFIED TECHNOLOGY.—A descrip- small public water systems or public water (1) by striking ‘‘only be issued to a system tion under subparagraph (A) of the best tech- systems that serve Indian Tribes. after the system’s application of’’ and insert- nology or other means available shall not be ‘‘(3) APPLICATIONS.—Any institution of ing ‘‘be issued to a system on condition that considered to require or authorize that the higher learning interested in receiving a the system install’’; and specified technology or other means be used grant under this subsection shall submit to (2) by inserting before the period at the end for the purpose of meeting the requirements the Administrator an application in such the following: ‘‘, and based upon an evalua- of any national primary drinking water reg- form and containing such information as the tion satisfactory to the State that indicates ulation.’’. Administrator may require by regulation. that alternative sources of water are not rea- (b) TECHNOLOGIES AND TREATMENT TECH- ‘‘(4) SELECTION CRITERIA.—The Adminis- sonably available to the system’’. NIQUES FOR SMALL SYSTEMS.—Section trator shall select recipients of grants under (b) EXEMPTIONS.—Section 1416 (42 U.S.C. 1412(b)(4)(E) (as amended by section 6(a)) is this subsection on the basis of the following 300g–5) is amended— further amended by adding at the end the criteria: (1) in subsection (a)(1)— following: ‘‘The Administrator shall include ‘‘(A) The small public water system tech- (A) by inserting after ‘‘(which may include in the list any technology, treatment tech- nology assistance center shall be located in a economic factors’’ the following: ‘‘, including nique, or other means that is feasible for State that is representative of the needs of qualification of the public water system as a small public water systems serving— the region in which the State is located for system serving a disadvantaged community ‘‘(i) a population of 10,000 or fewer but addressing the drinking water needs of rural pursuant to section 1473(e)(1)’’; and more than 3,300; small communities or Indian Tribes. (B) by inserting after ‘‘treatment tech- ‘‘(ii) a population of 3,300 or fewer but more ‘‘(B) The grant recipient shall be located in nique requirement,’’ the following: ‘‘or to than 500; and a region that has experienced problems with implement measures to develop an alter- ‘‘(iii) a population of 500 or fewer but more rural water supplies. native source of water supply,’’; than 25; ‘‘(C) There is available to the grant recipi- (2) in subsection (b)(1)(A)— and that achieves compliance with the maxi- ent for carrying out this subsection dem- (A) by striking ‘‘(including increments of mum contaminant level or treatment tech- onstrated expertise in water resources re- progress)’’ and inserting ‘‘(including incre- nique, including packaged or modular sys- search, technical assistance, and training. ments of progress or measures to develop an tems and point-of-entry or point-of-use ‘‘(D) The grant recipient shall have the ca- alternative source of water supply)’’; and treatment units that are owned, controlled pability to provide leadership in making na- (B) by striking ‘‘requirement and treat- and maintained by the public water system tional and regional contributions to the so- ment’’ and inserting ‘‘requirement or treat- or by a person under contract with the pub- lution of both long-range and intermediate- ment’’; and lic water system to ensure proper operation range rural water system technology man- (3) in subsection (b)(2)— and maintenance and compliance with the agement problems. (A) by striking ‘‘(except as provided in sub- maximum contaminant level and equipped ‘‘(E) The grant recipient shall have a dem- paragraph (B))’’ in subparagraph (A) and all with mechanical warnings to ensure that onstrated interdisciplinary capability with that follows through ‘‘3 years after the date customers are automatically notified of expertise in small public water system tech- of the issuance of the exemption if’’ in sub- operational problems. The Administrator nology management and research. paragraph (B) and inserting the following: shall not include in the list any point-of-use ‘‘(F) The grant recipient shall have a dem- ‘‘not later than 3 years after the otherwise treatment technology, treatment technique, onstrated capability to disseminate the re- applicable compliance date established in or other means to achieve compliance with a sults of small public water system tech- section 1412(b)(10). H7728 CONGRESSIONAL RECORD — HOUSE July 17, 1996 ‘‘(B) No exemption shall be granted un- ‘‘(B) 1 year after the compliance date of water regulation was promulgated prior to less’’; the national primary drinking water regula- January 1, 1986; or (B) in subparagraph (B)(i), by striking tion as established under section 1412(b)(10) ‘‘(B) a national primary drinking water ‘‘within the period of such exemption’’ and for which a variance is requested. regulation for a microbial contaminant (in- inserting ‘‘prior to the date established pur- ‘‘(5) VARIANCE REVIEW AND DECISION.— cluding a bacterium, virus, or other orga- suant to section 1412(b)(10)’’; ‘‘(A) TIMETABLE.—The Administrator (or nism) or an indicator or treatment technique (C) in subparagraph (B)(ii), by inserting the State in the case of a State that has pri- for a microbial contaminant. after ‘‘such financial assistance’’ the follow- mary enforcement responsibility under sec- ‘‘(9) REGULATIONS AND GUIDANCE.— ing: ‘‘or assistance pursuant to part G, or tion 1413) shall grant or deny a variance not ‘‘(A) IN GENERAL.—Not later than 2 years any other Federal or State program is rea- later than 1 year after the date of receipt of after the date of enactment of this sub- sonably likely to be available within the pe- the application. section and in consultation with the States, riod of the exemption’’; ‘‘(B) PENALTY MORATORIUM.—Each public the Administrator shall promulgate regula- (D) in subparagraph (C)— water system that submits a timely applica- tions for variances to be granted under this (i) by striking ‘‘500 service connections’’ tion for a variance under this subsection subsection. The regulations shall, at a mini- and inserting ‘‘a population of 3,300’’; and shall not be subject to a penalty in an en- mum, specify— (ii) by inserting ‘‘, but not to exceed a forcement action under section 1414 for a vio- total of 6 years,’’ after ‘‘for one or more addi- ‘‘(i) procedures to be used by the Adminis- lation of a maximum contaminant level or trator or a State to grant or deny variances, tional 2-year periods’’; and treatment technique in the national primary (E) by adding at the end the following: including requirements for notifying the Ad- drinking water regulation with respect to ‘‘(D) LIMITATION.—A public water system ministrator and consumers of the public may not receive an exemption under this which the variance application was submit- water system applying for a variance and re- section if the system was granted a variance ted prior to the date of a decision to grant or quirements for a public hearing on the vari- under section 1415(e).’’. deny the variance. ance before the variance is granted; ‘‘(6) COMPLIANCE SCHEDULES.— SEC. 14. SMALL SYSTEMS; TECHNICAL ASSIST- ‘‘(ii) requirements for the installation and ANCE. ‘‘(A) VARIANCES.—A variance granted proper operation of treatment technology (a) SMALL SYSTEM VARIANCES.—Section under this subsection shall require compli- that is feasible (pursuant to section 1415 (42 U.S.C. 300g–4) is amended by adding ance with the conditions of the variance not 1412(b)(15)) for small systems and the finan- at the end the following: later than 3 years after the date on which cial and technical capability to operate the ‘‘(e) SMALL SYSTEM VARIANCES.— the variance is granted, except that the Ad- treatment system, including operator train- ‘‘(1) IN GENERAL.—The Administrator (or a ministrator (or the State in the case of a ing and certification; State with primary enforcement responsibil- State that has primary enforcement respon- ‘‘(iii) eligibility criteria for a variance for ity for public water systems under section sibility under section 1413) may allow up to each national primary drinking water regu- 1413) may grant to a public water system 2 additional years to comply with a treat- lation, including requirements for the qual- serving a population of 10,000 or fewer (re- ment technique, secure an alternative source ity of the source water (pursuant to section ferred to in this subsection as a ‘small sys- of water, or restructure if the Administrator 1412(b)(15)(A)); and tem’) a variance under this subsection for (or the State) determines that additional ‘‘(iv) information requirements for vari- compliance with a requirement specifying a time is necessary for capital improvements, ance applications. maximum contaminant level or treatment or to allow for financial assistance provided ‘‘(B) AFFORDABILITY CRITERIA.—Not later technique contained in a national primary pursuant to part G or any other Federal or than 18 months after the date of enactment drinking water regulation, if the variance State program. of the Safe Drinking Water Act Amendments meets each requirement of this subsection. ‘‘(B) DENIED APPLICATIONS.—If the Admin- of 1995, the Administrator, in consultation ‘‘(2) AVAILABILITY OF VARIANCES.—A small istrator (or the State in the case of a State with the States and the Rural Utilities Serv- system may receive a variance under this that has primary enforcement responsibility ice of the Department of Agriculture, shall subsection if the system installs, operates, under section 1413) denies a variance applica- publish information to assist the States in and maintains, in accordance with guidance tion under this subsection, the public water developing affordability criteria. The afford- or regulations issued by the Administrator, system shall come into compliance with the ability criteria shall be reviewed by the treatment technology that is feasible for requirements of the national primary drink- States not less often than every 5 years to small systems as determined by the Admin- ing water regulation for which the variance determine if changes are needed to the cri- istrator pursuant to section 1412(b)(15). was requested not later than 4 years after teria. ‘‘(3) CONDITIONS FOR GRANTING VARIANCES.— the date on which the national primary ‘‘(10) REVIEW BY THE ADMINISTRATOR.— A variance under this subsection shall be drinking water regulation was promulgated. ‘‘(A) IN GENERAL.—The Administrator shall available only to a system— ‘‘(7) DURATION OF VARIANCES.— periodically review the program of each ‘‘(A) that cannot afford to comply, in ac- ‘‘(A) IN GENERAL.—The Administrator (or cordance with affordability criteria estab- the State in the case of a State that has pri- State that has primary enforcement respon- lished by the Administrator (or the State in mary enforcement responsibility under sec- sibility for public water systems under sec- the case of a State that has primary enforce- tion 1413) shall review each variance granted tion 1413 with respect to variances to deter- ment responsibility under section 1413), with under this subsection not less often than mine whether the variances granted by the a national primary drinking water regula- every 5 years after the compliance date es- State comply with the requirements of this tion, including compliance through— tablished in the variance to determine subsection. With respect to affordability, the ‘‘(i) treatment; whether the system remains eligible for the determination of the Administrator shall be ‘‘(ii) alternative source of water supply; or variance and is conforming to each condition limited to whether the variances granted by ‘‘(iii) restructuring or consolidation (un- of the variance. the State comply with the affordability cri- less the Administrator (or the State in the ‘‘(B) REVOCATION OF VARIANCES.—The Ad- teria developed by the State. case of a State that has primary enforce- ministrator (or the State in the case of a ‘‘(B) NOTICE AND PUBLICATION.—If the Ad- ment responsibility under section 1413) State that has primary enforcement respon- ministrator determines that variances grant- makes a written determination that restruc- sibility under section 1413) shall revoke a ed by a State are not in compliance with af- turing or consolidation is not feasible or ap- variance in effect under this subsection if fordability criteria developed by the State propriate based on other specified public pol- the Administrator (or the State) determines and the requirements of this subsection, the icy considerations); and that— Administrator shall notify the State in writ- ‘‘(B) for which the Administrator (or the ‘‘(i) the system is no longer eligible for a ing of the deficiencies and make public the State in the case of a State that has primary variance; determination. enforcement responsibility under section ‘‘(ii) the system has failed to comply with ‘‘(C) OBJECTIONS TO VARIANCES.— 1413) determines that the terms of the vari- any term or condition of the variance, other ‘‘(i) BY THE ADMINISTRATOR.—The Adminis- ance ensure adequate protection of human than a reporting or monitoring requirement, trator may review and object to any vari- health, considering the quality of the source unless the failure is caused by circumstances ance proposed to be granted by a State, if water for the system and the removal effi- outside the control of the system; or the objection is communicated to the State ciencies and expected useful life of the treat- ‘‘(iii) the terms of the variance do not en- not later than 90 days after the State pro- ment technology required by the variance. sure adequate protection of human health, poses to grant the variance. If the Adminis- ‘‘(4) APPLICATIONS.—An application for a considering the quality of source water trator objects to the granting of a variance, variance for a national primary drinking available to the system and the removal effi- the Administrator shall notify the State in water regulation under this subsection shall ciencies and expected useful life of the treat- writing of each basis for the objection and be submitted to the Administrator (or the ment technology required by the variance. propose a modification to the variance to re- State in the case of a State that has primary ‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari- solve the concerns of the Administrator. The enforcement responsibility under section ance shall not be available under this sub- State shall make the recommended modi- 1413) not later than the date that is the later section for— fication or respond in writing to each objec- of— ‘‘(A) any maximum contaminant level or tion. If the State issues the variance without ‘‘(A) 3 years after the date of enactment of treatment technique for a contaminant with resolving the concerns of the Administrator, this subsection; or respect to which a national primary drinking the Administrator may overturn the State July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7729 decision to grant the variance if the Admin- sider, solicit public comment on, and include tion on the technical, financial, and manage- istrator determines that the State decision as appropriate— rial capacity of public water systems. does not comply with this subsection. ‘‘(A) the methods or criteria that the State ‘‘(5) GUIDANCE FOR NEW SYSTEMS.—Not later ‘‘(ii) PETITION BY CONSUMERS.—Not later will use to identify and prioritize the public than 2 years after the date of enactment of than 30 days after a State with primary en- water systems most in need of improving this section, the Administrator shall publish forcement responsibility for public water technical, managerial, and financial capac- guidance developed in consultation with the systems under section 1413 proposes to grant ity; States describing legal authorities and other a variance for a public water system, any ‘‘(B) a description of the institutional, reg- means to ensure that all new community person served by the system may petition ulatory, financial, tax, or legal factors at the water systems and new nontransient, non- the Administrator to object to the granting Federal, State, or local level that encourage community water systems demonstrate tech- of a variance. The Administrator shall re- or impair capacity development; nical, managerial, and financial capacity spond to the petition not later than 60 days ‘‘(C) a description of how the State will use with respect to national primary drinking after the receipt of the petition. The State the authorities and resources of this title or water regulations. shall not grant the variance during the 60- other means to— ‘‘(e) ENVIRONMENTAL FINANCE CENTERS.— day period. The petition shall be based on ‘‘(i) assist public water systems in comply- ‘‘(1) IN GENERAL.—The Administrator shall comments made by the petitioner during ing with national primary drinking water support the network of university-based En- public review of the variance by the State.’’. regulations; vironmental Finance Centers in providing (b) TECHNICAL ASSISTANCE.—Section 1442(g) ‘‘(ii) encourage the development of part- training and technical assistance to State (42 U.S.C. 300j–1(g)) is amended— nerships between public water systems to en- and local officials in developing capacity of (1) in the second sentence, by inserting hance the technical, managerial, and finan- public water systems. ‘‘and multi-State regional technical assist- cial capacity of the systems; and ‘‘(2) NATIONAL CAPACITY DEVELOPMENT ance’’ after ‘‘ ‘circuit-rider’ ’’; and ‘‘(iii) assist public water systems in the CLEARINGHOUSE.—Within the Environmental (2) by striking the third sentence and in- training and certification of operators; Finance Center network in existence on the serting the following: ‘‘The Administrator ‘‘(D) a description of how the State will es- date of enactment of this section, the Ad- shall ensure that funds made available for tablish a baseline and measure improve- ministrator shall establish a national public technical assistance pursuant to this sub- ments in capacity with respect to national water systems capacity development clear- section are allocated among the States primary drinking water regulations and inghouse to receive, coordinate, and dissemi- equally. Each nonprofit organization receiv- State drinking water law; and nate research and reports on projects funded ing assistance under this subsection shall ‘‘(E) an identification of the persons that under this title and from other sources with consult with the State in which the assist- have an interest in and are involved in the respect to developing, improving, and main- ance is to be expended or otherwise made development and implementation of the ca- taining technical, financial, and managerial available before using the assistance to un- pacity development strategy (including all capacity at public water systems to Federal dertake activities to carry out this sub- appropriate agencies of Federal, State, and and State agencies, universities, water sup- section. There are authorized to be appro- local governments, private and nonprofit pliers, and other interested persons. priated to carry out this subsection public water systems, and public water sys- ‘‘(3) CAPACITY DEVELOPMENT TECHNIQUES.— $15,000,000 for each of fiscal years 1992 tem customers). ‘‘(A) IN GENERAL.—The Environmental Fi- through 2003.’’. ‘‘(3) REPORT.—Not later than 2 years after nance Centers shall develop and test mana- SEC. 15. CAPACITY DEVELOPMENT; FINANCE the date on which a State first adopts a ca- gerial, financial, and institutional tech- CENTERS. pacity development strategy under this sub- niques— Part B (42 U.S.C. 300g et seq.) is amended section, and every 3 years thereafter, the ‘‘(i) to ensure that new public water sys- by adding at the end the following: head of the State agency that has primary tems have the technical, managerial, and fi- nancial capacity before commencing oper- ‘‘CAPACITY DEVELOPMENT responsibility to carry out this title in the ation; ‘‘SEC. 1418. (a) STATE AUTHORITY FOR NEW State shall submit to the Governor a report that shall also be available to the public on ‘‘(ii) to identify public water systems in SYSTEMS.—Each State shall obtain the legal need of capacity development; and authority or other means to ensure that all the efficacy of the strategy and progress made toward improving the technical, mana- ‘‘(iii) to bring public water systems with a new community water systems and new non- history of significant noncompliance with transient, noncommunity water systems gerial, and financial capacity of public water systems in the State. national primary drinking water regulations commencing operation after October 1, 1998, into compliance. ‘‘(d) FEDERAL ASSISTANCE.— demonstrate technical, managerial, and fi- ‘‘(B) TECHNIQUES.—The techniques may in- nancial capacity with respect to each na- ‘‘(1) IN GENERAL.—The Administrator shall clude capacity assessment methodologies, tional primary drinking water regulation in support the States in developing capacity de- manual and computer-based public water effect, or likely to be in effect, on the date of velopment strategies. system rate models and capital planning commencement of operations. ‘‘(2) INFORMATIONAL ASSISTANCE.— models, public water system consolidation ‘‘(b) SYSTEMS IN SIGNIFICANT NONCOMPLI- ‘‘(A) IN GENERAL.—Not later than 180 days procedures, and regionalization models. ANCE.— after the date of enactment of this section, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) LIST.—Beginning not later than 1 year the Administrator shall— There are authorized to be appropriated to after the date of enactment of this section, ‘‘(i) conduct a review of State capacity de- carry out subsection (e) $2,500,000 for each of each State shall prepare, periodically up- velopment efforts in existence on the date of fiscal years 1995 through 2003.’’. date, and submit to the Administrator a list enactment of this section and publish infor- SEC. 16. OPERATOR AND LABORATORY CERTIFI- of community water systems and nontran- mation to assist States and public water sys- CATION. sient, noncommunity water systems that tems in capacity development efforts; and Section 1442 (42 U.S.C. 300j–1) is amended have a history of significant noncompliance ‘‘(ii) initiate a partnership with States, by inserting after subsection (d) the follow- with this title (as defined in guidelines is- public water systems, and the public to de- ing: sued prior to the date of enactment of this velop information for States on rec- ‘‘(e) CERTIFICATION OF OPERATORS AND LAB- section or any revisions of the guidelines ommended operator certification require- ORATORIES.— that have been made in consultation with ments. ‘‘(1) REQUIREMENT.—Beginning 3 years the States) and, to the extent practicable, ‘‘(B) PUBLICATION OF INFORMATION.—The after the date of enactment of the Safe the reasons for noncompliance. Administrator shall publish the information Drinking Water Act Amendments of 1995— ‘‘(2) REPORT.—Not later than 5 years after developed through the partnership under ‘‘(A) no assistance may be provided to a the date of enactment of this section and as subparagraph (A)(ii) not later than 18 public water system under part G unless the part of the capacity development strategy of months after the date of enactment of this system has entered into an enforceable com- the State, each State shall report to the Ad- section. mitment with the State providing that any ministrator on the success of enforcement ‘‘(3) VARIANCES AND EXEMPTIONS.—Based on person who operates the system will be mechanisms and initial capacity develop- information obtained under subsection trained and certified according to require- ment efforts in assisting the public water (c)(2)(B), the Administrator shall, as appro- ments established by the Administrator or systems listed under paragraph (1) to im- priate, modify regulations concerning the State (in the case of a State with pri- prove technical, managerial, and financial variances and exemptions for small public mary enforcement responsibility under sec- capacity. water systems to ensure flexibility in the use tion 1413) not later than the date of comple- ‘‘(c) CAPACITY DEVELOPMENT STRATEGY.— of the variances and exemptions. Nothing in tion of the capital project for which the as- ‘‘(1) IN GENERAL.—Not later than 4 years this paragraph shall be interpreted, con- sistance is provided; and after the date of enactment of this section, strued, or applied to affect or alter the re- ‘‘(B) a public water system that has re- each State shall develop and implement a quirements of section 1415 or 1416. ceived assistance under part G may be oper- strategy to assist public water systems in ‘‘(4) PROMULGATION OF DRINKING WATER ated only by a person who has been trained acquiring and maintaining technical, mana- REGULATIONS.—In promulgating a national and certified according to requirements es- gerial, and financial capacity. primary drinking water regulation, the Ad- tablished by the Administrator or the State ‘‘(2) CONTENT.—In preparing the capacity ministrator shall include an analysis of the (in the case of a State with primary enforce- development strategy, the State shall con- likely effect of compliance with the regula- ment responsibility under section 1413). H7730 CONGRESSIONAL RECORD — HOUSE July 17, 1996

‘‘(2) GUIDELINES.—Not later than 18 months ‘‘(1) IN GENERAL.— ‘‘(A) that are pathogenic organisms for after the date of enactment of the Safe ‘‘(A) ESTABLISHMENT.—A State may estab- which a national primary drinking water Drinking Water Act Amendments of 1995 and lish a program under which an owner or op- regulation has been established or is re- after consultation with the States, the Ad- erator of a community water system in the quired under section 1412(b)(2)(C); or ministrator shall publish information to as- State, or a municipal or local government or ‘‘(B) for which a national primary drinking sist States in carrying out paragraph (1). In political subdivision of a government in the water regulation has been promulgated or the case of a State with primary enforce- State, may submit a source water quality proposed and— ment responsibility under section 1413 or any protection partnership petition to the State ‘‘(i) that are detected in the community other State that has established a training requesting that the State assist in the local water system for which the petition is sub- program that is consistent with the guidance development of a voluntary, incentive-based mitted at levels above the maximum con- issued under this paragraph, the authority to partnership, among the owner, operator, or taminant level; or prescribe the appropriate level of training government and other persons likely to be ‘‘(ii) that are detected by adequate mon- for certification for all systems shall be sole- affected by the recommendations of the part- itoring methods at levels that are not reli- ly the responsibility of the State. The guid- nership, to— ably and consistently below the maximum ance issued under this paragraph shall also ‘‘(i) reduce the presence in drinking water contaminant level. include information to assist States in cer- of contaminants that may be addressed by a ‘‘(4) CONTENTS.—A petition submitted tifying laboratories engaged in testing for petition by considering the origins of the under this subsection shall, at a minimum— the purpose of compliance with sections 1445 contaminants, including to the maximum ‘‘(A) include a delineation of the source and 1401(1). extent practicable the specific activities water area in the State that is the subject of ‘‘(3) NONCOMPLIANCE.—If a public water sys- that affect the drinking water supply of a the petition; tem in a State is not operated in accordance community; ‘‘(B) identify, to the maximum extent prac- with paragraph (1), the Administrator is au- ‘‘(ii) obtain financial or technical assist- ticable, the origins of the drinking water thorized to withhold from funds that would ance necessary to facilitate establishment of contaminants that may be addressed by a pe- otherwise be allocated to the State under a partnership, or to develop and implement tition (including to the maximum extent section 1472 or require the repayment of an recommendations of a partnership for the practicable the specific activities contribut- amount equal to the amount of any assist- protection of source water to assist in the ing to the presence of the contaminants) in ance under part G provided to the public provision of drinking water that complies the source water area delineated under sub- water system.’’. with national primary drinking water regu- paragraph (A); SEC. 17. SOURCE WATER QUALITY PROTECTION lations with respect to contaminants ad- ‘‘(C) identify any deficiencies in informa- PARTNERSHIPS. dressed by a petition; and tion that will impair the development of rec- Part B (42 U.S.C. 300g et seq.) (as amended ‘‘(iii) develop recommendations regarding ommendations by the voluntary local part- by section 15) is further amended by adding voluntary and incentive-based strategies for nership to address drinking water contami- at the end the following: the long-term protection of the source water nants that may be addressed by a petition; ‘‘SOURCE WATER QUALITY PROTECTION of community water systems. ‘‘(D) specify the efforts made to establish PARTNERSHIP PROGRAM ‘‘(B) STATE DETERMINATION.—Not later the voluntary local partnership and obtain ‘‘SEC. 1419. (a) SOURCE WATER AREA DELIN- than 1 year after the date of enactment of the participation of— EATIONS.—Except as provided in subsection this section, each State shall provide public ‘‘(i) the municipal or local government or (c), not later than 5 years after the date of notice and solicit public comment on the other political subdivision of the State with enactment of this section, and after an op- question of whether to develop a source jurisdiction over the source water area delin- portunity for public comment, each State water quality protection partnership peti- eated under subparagraph (A); and shall— tion program in the State, and publicly an- ‘‘(ii) each person in the source water area ‘‘(1) delineate (directly or through delega- nounce the determination of the State there- delineated under subparagraph (A)— tion) the source water protection areas for after. If so requested by any public water ‘‘(I) who is likely to be affected by rec- community water systems in the State using system or local governmental entity, prior ommendations of the voluntary local part- hydrogeologic information considered to be to making the determination, the State shall nership; and reasonably available and appropriate by the hold at least one public hearing to assess the ‘‘(II) whose participation is essential to the State; and level of interest in the State for development success of the partnership; ‘‘(2) conduct, to the extent practicable, and implementation of a State source water ‘‘(E) outline how the voluntary local part- vulnerability assessments in source water quality partnership petition program. nership has or will, during development and areas determined to be a priority by the ‘‘(C) FUNDING.—Each State may— implementation of recommendations of the State, including, to the extent practicable, ‘‘(i) use funds set aside pursuant to section voluntary local partnership, identify, recog- identification of risks in source water pro- 1473(f) by the State to carry out a program nize and take into account any voluntary or tection areas to drinking water. described in subparagraph (A), including as- other activities already being undertaken by ‘‘(b) ALTERNATIVE DELINEATIONS AND VUL- sistance to voluntary local partnerships for persons in the source water area delineated NERABILITY ASSESSMENTS.—For the purposes the development and implementation of under subparagraph (A) under Federal or of satisfying the requirements of subsection partnership recommendations for the protec- State law to reduce the likelihood that con- tion of source water such as source water (a), a State may use delineations and vulner- taminants will occur in drinking water at quality assessment, contingency plans, and ability assessments conducted for— levels of public health concern; and demonstration projects for partners within a ‘‘(1) ground water sources under a State ‘‘(F) specify the technical, financial, or source water area delineated under sub- wellhead protection program developed pur- other assistance that the voluntary local section (a); and suant to section 1428; partnership requests of the State to develop ‘‘(ii) provide assistance in response to a pe- ‘‘(2) surface or ground water sources under the partnership or to implement rec- tition submitted under this subsection using a State pesticide management plan devel- ommendations of the partnership. oped pursuant to the Pesticide and Ground funds referred to in subsections (e)(2)(B) and Water State Management Plan Regulation (g). ‘‘(e) APPROVAL OR DISAPPROVAL OF PETI- (subparts I and J of part 152 of title 40, Code ‘‘(2) OBJECTIVES.—The objectives of a peti- TIONS.— of Federal Regulations), promulgated under tion submitted under this subsection shall be ‘‘(1) IN GENERAL.—After providing notice section 3(d) of the Federal Insecticide, Fun- to— and an opportunity for public comment on a gicide, and Rodenticide Act (7 U.S.C. 136a(d)); ‘‘(A) facilitate the local development of petition submitted under subsection (d), the or voluntary, incentive-based partnerships State shall approve or disapprove the peti- ‘‘(3) surface water sources under a State among owners and operators of community tion, in whole or in part, not later than 120 watershed initiative or to satisfy the water- water systems, governments, and other per- days after the date of submission of the peti- shed criterion for determining if filtration is sons in source water areas; and tion. required under the Surface Water Treatment ‘‘(B) obtain assistance from the State in di- ‘‘(2) APPROVAL.—The State may approve a Rule (section 141.70 of title 40, Code of Fed- recting or redirecting resources under Fed- petition if the petition meets the require- eral Regulations). eral or State water quality programs to im- ments established under subsection (d). The ‘‘(c) FUNDING.—To carry out the delinea- plement the recommendations of the part- notice of approval shall, at a minimum, in- tions and assessments described in sub- nerships to address the origins of drinking clude— section (a), a State may use funds made water contaminants that may be addressed ‘‘(A) an identification of technical, finan- available for that purpose pursuant to sec- by a petition (including to the maximum ex- cial, or other assistance that the State will tion 1473(f). If funds available under that sec- tent practicable the specific activities) that provide to assist in addressing the drinking tion are insufficient to meet the minimum affect the drinking water supply of a commu- water contaminants that may be addressed requirements of subsection (a), the State nity. by a petition based on— shall establish a priority-based schedule for ‘‘(3) CONTAMINANTS ADDRESSED BY A PETI- ‘‘(i) the relative priority of the public the delineations and assessments within TION.—A petition submitted to a State under health concern identified in the petition available resources. this section may address only those contami- with respect to the other water quality needs ‘‘(d) PETITION PROGRAM.— nants— identified by the State; July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7731 ‘‘(ii) any necessary coordination that the tection partnership program that is consist- ment authority under this section with re- State will perform of the program estab- ent with the guidance published under para- spect to each existing national primary lished under this section with programs im- graph (3). The Administrator shall approve drinking water regulation shall be consid- plemented or planned by other States under the plan if the plan is consistent with the ered to have primary enforcement authority this section; and guidance published under paragraph (3). with respect to each new or revised national ‘‘(iii) funds available (including funds ‘‘(3) GUIDANCE.— primary drinking water regulation during available from a State revolving loan fund ‘‘(A) IN GENERAL.—Not later than 1 year the period beginning on the effective date of established under title VI of the Federal after the date of enactment of this section, a regulation adopted and submitted by the Water Pollution Control Act (33 U.S.C. 1381 the Administrator, in consultation with the State with respect to the new or revised na- et seq.) or part G and the appropriate dis- States, shall publish guidance to assist— tional primary drinking water regulation in tribution of the funds to assist in imple- ‘‘(i) States in the development of a source accordance with subsection (b)(1) and ending menting the recommendations of the part- water quality protection partnership pro- at such time as the Administrator makes a nership; gram; and determination under subsection (b)(2) with ‘‘(B) a description of technical or financial ‘‘(ii) municipal or local governments or po- respect to the regulation.’’. assistance pursuant to Federal and State litical subdivisions of the governments and (b) PUBLIC WATER SYSTEM SUPERVISION programs that is available to assist in imple- community water systems in the develop- PROGRAM.—Section 1443(a) (42 U.S.C. 300j– menting recommendations of the partner- ment of source water quality protection 2(a)) is amended— ship in the petition, including— partnerships and in the assessment of source (1) in paragraph (3)— ‘‘(i) any program established under the water quality. (A) by striking ‘‘(3) A grant’’ and inserting Federal Water Pollution Control Act (33 ‘‘(B) CONTENTS OF THE GUIDANCE.—The the following: U.S.C. 1251 et seq.); guidance shall, at a minimum— ‘‘(3) AMOUNT OF GRANT.— ‘‘(ii) the program established under section ‘‘(i) recommend procedures for the ap- ‘‘(A) IN GENERAL.—A grant’’; and 6217 of the Coastal Zone Act Reauthorization proval or disapproval by a State of a petition (B) by adding at the end the following: Amendments of 1990 (16 U.S.C. 1455b); submitted under subsection (d); ‘‘(B) DETERMINATION OF COSTS.—To deter- ‘‘(iii) the agricultural water quality pro- ‘‘(ii) recommend procedures for the sub- mine the costs of a grant recipient pursuant tection program established under chapter 2 mission of petitions developed under sub- to this paragraph, the Administrator shall, of subtitle D of title XII of the Food Security section (d); in cooperation with the States and not later Act of 1985 (16 U.S.C. 3838 et seq.); ‘‘(iii) recommend criteria for the assess- than 180 days after the date of enactment of ‘‘(iv) the sole source aquifer protection ment of source water areas within a State; this subparagraph, establish a resource program established under section 1427; ‘‘(iv) describe technical or financial assist- model for the public water system super- ‘‘(v) the community wellhead protection ance pursuant to Federal and State pro- vision program and review and revise the program established under section 1428; grams that is available to address the con- model as necessary. ‘‘(vi) any pesticide or ground water man- tamination of sources of drinking water and ‘‘(C) STATE COST ADJUSTMENTS.—The Ad- agement plan; to develop and respond to petitions submit- ministrator shall revise cost estimates used ‘‘(vii) any voluntary agricultural resource ted under subsection (d); and in the resource model for any particular management plan or voluntary whole farm ‘‘(v) specify actions taken by the Adminis- State to reflect costs more likely to be expe- or whole ranch management plan developed trator to ensure the coordination of the pro- rienced in that State, if— and implemented under a process established grams referred to in clause (iv) with the ‘‘(i) the State requests the modification; by the Secretary of Agriculture; and goals and objectives of this title to the maxi- and ‘‘(viii) any abandoned well closure pro- mum extent practicable. ‘‘(ii) the revised estimates ensure full and gram; and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— effective administration of the public water ‘‘(C) a description of activities that will be There are authorized to be appropriated to system supervision program in the State and undertaken to coordinate Federal and State carry out this subsection such sums as are the revised estimates do not overstate the programs to respond to the petition. necessary for fiscal years 1995 through 2003. resources needed to administer the pro- ‘‘(3) DISAPPROVAL.—If the State dis- Each State with a plan for a program ap- gram.’’; approves a petition submitted under sub- proved under paragraph (2) shall receive an (2) in paragraph (7), by adding at the end a section (d), the State shall notify the entity equitable portion of the funds available for period and the following: submitting the petition in writing of the rea- any fiscal year. ‘‘For the purpose of making grants under sons for disapproval. A petition may be re- ‘‘(h) STATUTORY CONSTRUCTION.—Nothing paragraph (1), there are authorized to be ap- submitted at any time if— in this section— propriated such sums as are necessary for ‘‘(A) new information becomes available; ‘‘(1)(A) creates or conveys new authority to each of fiscal years 1992 and 1993 and ‘‘(B) conditions affecting the source water a State, political subdivision of a State, or $100,000,000 for each of fiscal years 1994 that is the subject of the petition change; or community water system for any new regu- through 2003.’’; and ‘‘(C) modifications are made in the type of latory measure; or (3) by adding at the end the following: assistance being requested. ‘‘(B) limits any authority of a State, politi- ‘‘(8) RESERVATION OF FUNDS BY THE ADMIN- ‘‘(f) ELIGIBILITY FOR WATER QUALITY PRO- cal subdivision, or community water system; ISTRATOR.—If the Administrator assumes the TECTION ASSISTANCE.—A sole source aquifer or primary enforcement responsibility of a plan developed under section 1427, a wellhead ‘‘(2) precludes a community water system, State public water system supervision pro- protection plan developed under section 1428, municipal or local government, or political gram, the Administrator may reserve from and a source water quality protection meas- subdivision of a government from locally de- funds made available pursuant to this sub- ure assisted in response to a petition submit- veloping and carrying out a voluntary, in- section, an amount equal to the amount that ted under subsection (d) shall be eligible for centive-based, source water quality protec- would otherwise have been provided to the assistance under the Federal Water Pollu- tion partnership to address the origins of tion Control Act (33 U.S.C. 1251 et seq.), in- State pursuant to this subsection. The Ad- drinking water contaminants of public ministrator shall use the funds reserved pur- cluding assistance provided under section 319 health concern.’’. and title VI of such Act (33 U.S.C. 1329 and suant to this paragraph to ensure the full 1381 et seq.), if the project, measure, or prac- SEC. 18. STATE PRIMACY; STATE FUNDING. and effective administration of a public tice would be eligible for assistance under (a) STATE PRIMARY ENFORCEMENT RESPON- water system supervision program in the such Act. In the case of funds made available SIBILITY.—Section 1413 (42 U.S.C. 300g–2) is State. under such section 319 to assist a source amended— ‘‘(9) STATE LOAN FUNDS.— water quality protection measure in re- (1) in subsection (a), by striking paragraph ‘‘(A) RESERVATION OF FUNDS.—For any fis- sponse to a petition submitted under sub- (1) and inserting the following: cal year for which the amount made avail- section (d), the funds may be used only for a ‘‘(1) has adopted drinking water regula- able to the Administrator by appropriations measure that addresses nonpoint source pol- tions that are no less stringent than the na- to carry out this subsection is less than the lution. tional primary drinking water regulations amount that the Administrator determines ‘‘(g) GRANTS TO SUPPORT STATE PRO- promulgated by the Administrator under is necessary to supplement funds made avail- GRAMS.— section 1412 not later than 2 years after the able pursuant to paragraph (8) to ensure the ‘‘(1) IN GENERAL.—The Administrator may date on which the regulations are promul- full and effective administration of a public make a grant to each State that establishes gated by the Administrator except that the water system supervision program in a State a program under this section that is ap- Administrator may provide for an extension (based on the resource model developed proved under paragraph (2). The amount of of not more than 2 years if, after submission under paragraph (3)(B)), the Administrator each grant shall not exceed 50 percent of the and review of appropriate, adequate docu- may reserve from the funds made available cost of administering the program for the mentation from the State, the Adminis- to the State under section 1472 an amount year in which the grant is available. trator determines that the extension is nec- that is equal to the amount of the shortfall. ‘‘(2) APPROVAL.—In order to receive grant essary and justified;’’; and ‘‘(B) DUTY OF ADMINISTRATOR.—If the Ad- assistance under this subsection, a State (2) by adding at the end the following: ministrator reserves funds from the alloca- shall submit to the Administrator for ap- ‘‘(c) INTERIM PRIMARY ENFORCEMENT AU- tion of a State under subparagraph (A), the proval a plan for a source water quality pro- THORITY.—A State that has primary enforce- Administrator shall carry out in the State— H7732 CONGRESSIONAL RECORD — HOUSE July 17, 1996 ‘‘(i) each of the activities that would be re- this subparagraph shall submit the rule to monitoring requirements established by quired of the State if the State had primary the Administrator as provided in section States that have primary enforcement re- enforcement authority under section 1413; 1413(b)(1). Any requirements for a State to sponsibility. A decision by the Adminis- and provide information supporting a submission trator to approve a request under this clause ‘‘(ii) each of the activities required of the shall be defined only in consultation with shall be for a period of 3 years and may sub- State by this title, other than part C, but the States, and shall address only such infor- sequently be extended for periods of 5 years. not made a condition of the authority.’’. mation as is necessary to make a decision to ‘‘(vi) GUIDANCE.—The Administrator shall SEC. 19. MONITORING AND INFORMATION GATH- approve or disapprove an alternative mon- issue guidance in consultation with the ERING. itoring rule in accordance with the following States that States may use to develop State- (a) REGULATED CONTAMINANTS.— sentence. The Administrator shall approve established requirements pursuant to this (1) REVIEW OF EXISTING REQUIREMENTS.— an alternative monitoring rule submitted subparagraph and subparagraph (E). The Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is under this clause for the purposes of section guidance shall identify options for alter- amended— 1413, unless the Administrator determines in native monitoring designs that meet the cri- (A) by designating the first and second sen- writing that the State rule for alternative teria identified in clause (i) and the require- tences as subparagraphs (A) and (B), respec- monitoring does not ensure compliance with, ments of clause (ii).’’. tively; and and enforcement of, the national primary (3) SMALL SYSTEM MONITORING.—Section (B) by adding at the end the following: drinking water regulation for the contami- 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended ‘‘(C) REVIEW.—The Administrator shall not nant or contaminants to which the rule ap- by paragraph (2)) is further amended by add- later than 2 years after the date of enact- plies. ing at the end the following: ment of this subparagraph, after consulta- ‘‘(II) EXCEPTIONS.—The requirements of ‘‘(E) SMALL SYSTEM MONITORING.—The Ad- tion with public health experts, representa- section 1413(a)(1) that a rule be no less strin- ministrator or a State that has primary en- tives of the general public, and officials of gent than the national primary drinking forcement responsibility under section 1413 State and local governments, review the water regulation for the contaminant or con- may modify the monitoring requirements for monitoring requirements for not fewer than taminants to which the rule applies shall not any contaminant, other than a microbial 12 contaminants identified by the Adminis- apply to the decision of the Administrator to contaminant or an indicator of a microbial trator, and promulgate any necessary modi- approve or disapprove a rule submitted under contaminant, a contaminant regulated on fications.’’. this clause. Notwithstanding the require- the basis of an acute health effect, or a con- (2) ALTERNATIVE MONITORING PROGRAMS.— ments of section 1413(b)(2), the Adminis- taminant formed in the treatment process or Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as trator shall approve or disapprove a rule sub- in the distribution system, to provide that amended by paragraph (1)(B)) is further mitted under this clause within 180 days of any public water system that serves a popu- amended by adding at the end the following: submission. In the absence of a determina- lation of 10,000 or fewer shall not be required ‘‘(D) STATE-ESTABLISHED REQUIREMENTS.— tion to disapprove a rule made by the Ad- to conduct additional quarterly monitoring ‘‘(i) IN GENERAL.—Each State with primary ministrator within 180 days, the rule shall be during any 3-year period for a specific con- enforcement responsibility under section deemed to be approved under section taminant if monitoring conducted at the be- 1413 may, by rule, establish alternative mon- 1413(b)(2). ginning of the period for the contaminant itoring requirements for any national pri- ‘‘(III) ADDITIONAL CONSIDERATIONS.—A fails to detect the presence of the contami- mary drinking water regulation, other than State shall be considered to have primary nant in the water supplied by the public a regulation applicable to a microbial con- enforcement authority with regard to an al- water system, and the Administrator or the taminant (or an indicator of a microbial con- ternative monitoring rule, and the rule shall State determines that the contaminant is taminant). The alternative monitoring re- be effective, on a date (determined by the unlikely to be detected by further monitor- quirements established by a State under this State) any time on or after submission of the ing in the period.’’. clause may not take effect for any national rule, consistent with section 1413(c). A deci- (b) UNREGULATED CONTAMINANTS.—Section primary drinking water regulation until sion by the Administrator to disapprove an 1445(a) (42 U.S.C. 300j–4(a)) is amended by after completion of at least 1 full cycle of alternative monitoring rule under section striking paragraphs (2) through (8) and in- monitoring in the State satisfying the re- 1413 or to withdraw the authority of the serting the following: quirements of paragraphs (1) and (2) of sec- State to carry out the rule under clause (iv) ‘‘(2) MONITORING PROGRAM FOR UNREGU- tion 1413(a). The alternative monitoring re- may not be the basis for withdrawing pri- LATED CONTAMINANTS.— quirements may be applicable to public mary enforcement responsibility for a na- ‘‘(A) ESTABLISHMENT.—The Administrator water systems or classes of public water sys- tional primary drinking water regulation or shall promulgate regulations establishing tems identified by the State, in lieu of the regulations from the State under section the criteria for a monitoring program for un- monitoring requirements that would other- 1413. regulated contaminants. The regulations wise be applicable under the regulation, if ‘‘(iv) OVERSIGHT BY THE ADMINISTRATOR.— shall require monitoring of drinking water the alternative monitoring requirements— The Administrator shall review, not less supplied by public water systems and shall ‘‘(I) are based on use of the best available often than every 5 years, any alternative vary the frequency and schedule for monitor- science conducted in accordance with sound monitoring requirements established by a ing requirements for systems based on the and objective scientific practices and data State under clause (i) to determine whether number of persons served by the system, the collected by accepted methods; the requirements are adequate to ensure source of supply, and the contaminants like- ‘‘(II) are based on the potential for the con- compliance with, and enforcement of, na- ly to be found. taminant to occur in the source water based tional primary drinking water regulations. If ‘‘(B) MONITORING PROGRAM FOR CERTAIN UN- on use patterns and other relevant charac- the Administrator determines that the alter- REGULATED CONTAMINANTS.— teristics of the contaminant or the systems native monitoring requirements of a State ‘‘(i) INITIAL LIST.—Not later than 3 years subject to the requirements; are inadequate with respect to a contami- after the date of enactment of the Safe ‘‘(III) in the case of a public water system nant, and after providing the State with an Drinking Water Amendments of 1995 and or class of public water systems in which a opportunity to respond to the determination every 5 years thereafter, the Administrator contaminant has been detected at quantifi- of the Administrator and to correct any in- shall issue a list pursuant to subparagraph able levels that are not reliably and consist- adequacies, the Administrator may withdraw (A) of not more than 20 unregulated contami- ently below the maximum contaminant the authority of the State to carry out the nants to be monitored by public water sys- level, include monitoring frequencies that alternative monitoring requirements with tems and to be included in the national are not less frequent than the frequencies re- respect to the contaminant. If the Adminis- drinking water occurrence data base main- quired in the national primary drinking trator withdraws the authority, the monitor- tained pursuant to paragraph (3). water regulation for the contaminant for a ing requirements contained in the national ‘‘(ii) GOVERNORS’ PETITION.—The Adminis- period of 5 years after the detection; and primary drinking water regulation for the trator shall include among the list of con- ‘‘(IV) in the case of each contaminant contaminant shall apply to public water sys- taminants for which monitoring is required formed in the distribution system, are not tems in the State. under this paragraph each contaminant rec- applicable to public water systems for which ‘‘(v) NONPRIMACY STATES.—The Governor of ommended in a petition signed by the Gov- treatment is necessary to comply with the any State that does not have primary en- ernor of each of 7 or more States, unless the national primary drinking water regulation. forcement responsibility under section 1413 Administrator determines that the action ‘‘(ii) COMPLIANCE AND ENFORCEMENT.—The on the date of enactment of this clause may would prevent the listing of other contami- alternative monitoring requirements estab- submit to the Administrator a request that nants of a higher public health concern. lished by the State shall be adequate to en- the Administrator modify the monitoring re- ‘‘(C) MONITORING BY LARGE SYSTEMS.—A sure compliance with, and enforcement of, quirements established by the Administrator public water system that serves a population each national primary drinking water regu- and applicable to public water systems in of more than 10,000 shall conduct monitoring lation. The State may review and update the that State. After consultation with the Gov- for all contaminants listed under subpara- alternative monitoring requirements as nec- ernor, the Administrator shall modify the re- graph (B). essary. quirements for public water systems in that ‘‘(D) MONITORING PLAN FOR SMALL AND ME- ‘‘(iii) APPLICATION OF SECTION 1413.— State if the request of the Governor is in ac- DIUM SYSTEMS.— ‘‘(I) IN GENERAL.—Each State establishing cordance with each of the requirements of ‘‘(i) IN GENERAL.—Based on the regulations alternative monitoring requirements under this subparagraph that apply to alternative promulgated by the Administrator, each July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7733

State shall develop a representative mon- ‘‘(F) UNREGULATED CONTAMINANTS.—With level requirement or is subject to an exemp- itoring plan to assess the occurrence of un- respect to contaminants for which a national tion granted under section 1416, of— regulated contaminants in public water sys- primary drinking water regulation has not ‘‘(i) the existence of the variance or exemp- tems that serve a population of 10,000 or been established, the data base shall in- tion; and fewer. The plan shall require monitoring for clude— ‘‘(ii) any failure to comply with the re- systems representative of different sizes, ‘‘(i) monitoring information collected by quirements of any schedule prescribed pursu- types, and geographic locations in the State. public water systems that serve a population ant to the variance or exemption; and ‘‘(ii) GRANTS FOR SMALL SYSTEM COSTS.— of more than 10,000, as required by the Ad- ‘‘(C) of the concentration level of any un- From funds reserved under section 1478(c), ministrator under paragraph (2); regulated contaminant for which the Admin- the Administrator shall pay the reasonable ‘‘(ii) monitoring information collected by istrator has required public notice pursuant cost of such testing and laboratory analysis the States from a representative sampling of to paragraph (2)(E). as are necessary to carry out monitoring public water systems that serve a population ‘‘(2) FORM, MANNER, AND FREQUENCY OF NO- under the plan. of 10,000 or fewer; and TICE.— ‘‘(E) MONITORING RESULTS.—Each public ‘‘(iii) other reliable and appropriate mon- ‘‘(A) IN GENERAL.—The Administrator water system that conducts monitoring of itoring information on the occurrence of the shall, by regulation, and after consultation unregulated contaminants pursuant to this contaminants in public water systems that with the States, prescribe the manner, fre- paragraph shall provide the results of the is available to the Administrator.’’. quency, form, and content for giving notice monitoring to the primary enforcement au- (d) INFORMATION.— under this subsection. The regulations thority for the system. (1) MONITORING AND TESTING AUTHORITY.— shall— ‘‘(F) WAIVER OF MONITORING REQUIRE- Subparagraph (A) of section 1445(a)(1) (42 ‘‘(i) provide for different frequencies of no- MENT.—The Administrator shall waive the U.S.C. 300j–4(a)(1)) (as designated by sub- tice based on the differences between viola- requirement for monitoring for a contami- section (a)(1)(A)) is amended— tions that are intermittent or infrequent and nant under this paragraph in a State, if the (A) by inserting ‘‘by accepted methods’’ violations that are continuous or frequent; State demonstrates that the criteria for list- after ‘‘conduct such monitoring’’; and and ing the contaminant do not apply in that (B) by striking ‘‘such information as the ‘‘(ii) take into account the seriousness of State. Administrator may reasonably require’’ and any potential adverse health effects that ‘‘(G) ANALYTICAL METHODS.—The State all that follows through the period at the may be involved. may use screening methods approved by the end and inserting the following: ‘‘such infor- ‘‘(B) STATE REQUIREMENTS.— Administrator under subsection (h) in lieu of mation as the Administrator may reasonably ‘‘(i) IN GENERAL.—A State may, by rule, es- monitoring for particular contaminants require— tablish alternative notification require- under this paragraph. ‘‘(i) to assist the Administrator in estab- ments— ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— lishing regulations under this title or to as- ‘‘(I) with respect to the form and content There are authorized to be appropriated to sist the Administrator in determining, on a of notice given under and in a manner in ac- carry out this paragraph $10,000,000 for each case-by-case basis, whether the person has cordance with subparagraph (C); and of fiscal years 1995 through 2003.’’. acted or is acting in compliance with this ‘‘(II) with respect to the form and content (c) NATIONAL DRINKING WATER OCCURRENCE title; and of notice given under subparagraph (D). DATABASE.—Section 1445(a) (42 U.S.C. 300j– ‘‘(ii) by regulation to assist the Adminis- ‘‘(ii) CONTENTS.—The alternative require- 4(a)) (as amended by subsection (b)) is fur- trator in determining compliance with na- ments shall provide the same type and ther amended by adding at the end the fol- tional primary drinking water regulations amount of information as required pursuant lowing: to this subsection and regulations issued promulgated under section 1412 or in admin- ‘‘(3) NATIONAL DRINKING WATER OCCURRENCE under subparagraph (A). istering any program of financial assistance DATABASE.— ‘‘(iii) RELATIONSHIP TO SECTION 1413.—Noth- under this title. ‘‘(A) IN GENERAL.—Not later than 3 years ing in this subparagraph shall be construed after the date of enactment of the Safe If the Administrator is requiring monitoring or applied to modify the requirements of sec- Drinking Water Act Amendments of 1995, the for purposes of testing new or alternative tion 1413. Administrator shall assemble and maintain a methods, the Administrator may require the ‘‘(C) VIOLATIONS WITH POTENTIAL TO HAVE national drinking water occurrence data use of other than accepted methods. Infor- SERIOUS ADVERSE EFFECTS ON HUMAN base, using information on the occurrence of mation requirements imposed by the Admin- HEALTH.—Regulations issued under subpara- both regulated and unregulated contami- istrator pursuant to the authority of this graph (A) shall specify notification proce- nants in public water systems obtained subparagraph that require monitoring, the dures for each violation by a public water under paragraph (2) and reliable information establishment or maintenance of records or system that has the potential to have seri- from other public and private sources. reporting, by a substantial number of public ous adverse effects on human health as a re- ‘‘(B) USE.—The data shall be used by the water systems (determined in the sole discre- sult of short-term exposure. Each notice of Administrator in making determinations tion of the Administrator), shall be estab- violation provided under this subparagraph under section 1412(b)(1) with respect to the lished by regulation as provided in clause shall— occurrence of a contaminant in drinking (ii).’’. ‘‘(i) be distributed as soon as practicable water at a level of public health concern. (2) SCREENING METHODS.—Section 1445 (42 after the occurrence of the violation, but not ‘‘(C) PUBLIC RECOMMENDATIONS.—The Ad- U.S.C. 300j–4) (as amended by section 12(c)) is later than 24 hours after the occurrence of ministrator shall periodically solicit rec- further amended by adding at the end the the violation; ommendations from the appropriate officials following: ‘‘(ii) provide a clear and readily under- of the National Academy of Sciences and the ‘‘(h) SCREENING METHODS.—The Adminis- standable explanation of— States, and any person may submit rec- trator shall review new analytical methods ‘‘(I) the violation; ommendations to the Administrator, with to screen for regulated contaminants and ‘‘(II) the potential adverse effects on respect to contaminants that should be in- may approve such methods as are more accu- human health; cluded in the national drinking water occur- rate or cost-effective than established ref- ‘‘(III) the steps that the public water sys- rence data base, including recommendations erence methods for use in compliance mon- tem is taking to correct the violation; and with respect to additional unregulated con- itoring.’’. ‘‘(IV) the necessity of seeking alternative taminants that should be listed under para- SEC. 20. PUBLIC NOTIFICATION. water supplies until the violation is cor- graph (2). Any recommendation submitted Section 1414 (42 U.S.C. 300g–3) is amended rected; under this clause shall be accompanied by by striking subsection (c) and inserting the ‘‘(iii) be provided to the Administrator or reasonable documentation that— following: the head of the State agency that has pri- ‘‘(i) the contaminant occurs or is likely to ‘‘(c) NOTICE TO PERSONS SERVED.— mary enforcement responsibility under sec- occur in drinking water; and ‘‘(1) IN GENERAL.—Each owner or operator tion 1413 as soon as practicable, but not later ‘‘(ii) the contaminant poses a risk to public of a public water system shall give notice to than 24 hours after the occurrence of the vio- health. the persons served by the system— lation; and ‘‘(D) PUBLIC AVAILABILITY.—The informa- ‘‘(A) of any failure on the part of the public ‘‘(iv) as required by the State agency in tion from the data base shall be available to water system to— general regulations of the State agency, or the public in readily accessible form. ‘‘(i) comply with an applicable maximum on a case-by-case basis after the consulta- ‘‘(E) REGULATED CONTAMINANTS.—With re- contaminant level or treatment technique tion referred to in clause (iii), considering spect to each contaminant for which a na- requirement of, or a testing procedure pre- the health risks involved— tional primary drinking water regulation scribed by, a national primary drinking ‘‘(I) be provided to appropriate broadcast has been established, the data base shall in- water regulation; or media; clude information on the detection of the ‘‘(ii) perform monitoring required by sec- ‘‘(II) be prominently published in a news- contaminant at a quantifiable level in public tion 1445(a); paper of general circulation serving the area water systems (including detection of the ‘‘(B) if the public water system is subject not later than 1 day after distribution of a contaminant at levels not constituting a vio- to a variance granted under section notice pursuant to clause (i) or the date of lation of the maximum contaminant level 1415(a)(1)(A), 1415(a)(2), or 1415(e) for an in- publication of the next issue of the news- for the contaminant). ability to meet a maximum contaminant paper; or H7734 CONGRESSIONAL RECORD — HOUSE July 17, 1996 ‘‘(III) be provided by posting or door-to- (II) by striking ‘‘with such regulation or ‘‘(A) the physical consolidation of the sys- door notification in lieu of notification by requirement’’ and inserting ‘‘with the re- tem with 1 or more other systems; means of broadcast media or newspaper. quirement’’; and ‘‘(B) the consolidation of significant man- ‘‘(D) WRITTEN NOTICE.— (ii) in subparagraph (B), by striking ‘‘regu- agement and administrative functions of the ‘‘(i) IN GENERAL.—Regulations issued under lation or’’ and inserting ‘‘applicable’’; and system with 1 or more other systems; or subparagraph (A) shall specify notification (B) by striking paragraph (2) and inserting ‘‘(C) the transfer of ownership of the sys- procedures for violations other than the vio- the following: tem that may reasonably be expected to im- lations covered by subparagraph (C). The ‘‘(2) ENFORCEMENT IN NONPRIMACY STATES.— prove drinking water quality. procedures shall specify that a public water ‘‘(A) IN GENERAL.—If, on the basis of infor- ‘‘(2) CONSEQUENCES OF APPROVAL.—If the system shall provide written notice to each mation available to the Administrator, the State or the Administrator approves a plan person served by the system by notice— Administrator finds, with respect to a period pursuant to paragraph (1), no enforcement ‘‘(I) in the first bill (if any) prepared after in which a State does not have primary en- action shall be taken pursuant to this part the date of occurrence of the violation; forcement responsibility for public water with respect to a specific violation identified ‘‘(II) in an annual report issued not later systems, that a public water system in the in the approved plan prior to the date that is than 1 year after the date of occurrence of State— the earlier of the date on which consolida- the violation; or ‘‘(i) for which a variance under section 1415 tion is completed according to the plan or ‘‘(III) by mail or direct delivery as soon as or an exemption under section 1416 is not in the date that is 2 years after the plan is ap- practicable, but not later than 1 year after effect, does not comply with any applicable proved. the date of occurrence of the violation. requirement; or ‘‘(i) DEFINITION OF APPLICABLE REQUIRE- ‘‘(ii) FORM AND MANNER OF NOTICE.—The ‘‘(ii) for which a variance under section MENT.—In this section, the term ‘applicable Administrator shall prescribe the form and 1415 or an exemption under section 1416 is in requirement’ means— manner of the notice to provide a clear and effect, does not comply with any schedule or ‘‘(1) a requirement of section 1412, 1414, readily understandable explanation of— other requirement imposed pursuant to the 1415, 1416, 1417, 1441, or 1445; ‘‘(I) the violation; variance or exemption; ‘‘(2) a regulation promulgated pursuant to ‘‘(II) any potential adverse health effects; the Administrator shall issue an order under a section referred to in paragraph (1); and ‘‘(3) a schedule or requirement imposed ‘‘(III) the steps that the system is taking subsection (g) requiring the public water sys- tem to comply with the requirement, or pursuant to a section referred to in para- to seek alternative water supplies, if any, graph (1); and until the violation is corrected. commence a civil action under subsection (b). ‘‘(4) a requirement of, or permit issued ‘‘(E) UNREGULATED CONTAMINANTS.—The under, an applicable State program for which Administrator may require the owner or op- ‘‘(B) NOTICE.—If the Administrator takes any action pursuant to this paragraph, the the Administrator has made a determination erator of a public water system to give no- that the requirements of section 1413 have tice to the persons served by the system of Administrator shall notify an appropriate local elected official, if any, with jurisdic- been satisfied, or an applicable State pro- the concentration levels of an unregulated gram approved pursuant to this part.’’. contaminant required to be monitored under tion over the public water system of the ac- (b) STATE AUTHORITY FOR ADMINISTRATIVE section 1445(a). tion prior to the time that the action is PENALTIES.—Section 1413(a) (42 U.S.C. 300g– ‘‘(3) REPORTS.— taken.’’; 2(a)) is amended— ‘‘(A) ANNUAL REPORT BY STATE.— (2) in the first sentence of subsection (b), (1) by striking ‘‘and’’ at the end of para- ‘‘(i) IN GENERAL.—Not later than January 1, by striking ‘‘a national primary drinking graph (4); 1997, and annually thereafter, each State water regulation’’ and inserting ‘‘any appli- (2) by striking the period at the end of that has primary enforcement responsibility cable requirement’’; paragraph (5) and inserting ‘‘; and’’; and under section 1413 shall prepare, make read- (3) in subsection (g)— (3) by adding at the end the following: ily available to the public, and submit to the (A) in paragraph (1), by striking ‘‘regula- ‘‘(6) has adopted authority for administra- Administrator an annual report on viola- tion, schedule, or other’’ each place it ap- tive penalties (unless the constitution of the tions of national primary drinking water pears and inserting ‘‘applicable’’; regulations by public water systems in the (B) in paragraph (2)— State prohibits the adoption of the author- State, including violations with respect to— (i) in the first sentence— ity) in a maximum amount— ‘‘(I) maximum contaminant levels; (I) by striking ‘‘effect until after notice ‘‘(A) in the case of a system serving a pop- ‘‘(II) treatment requirements; and opportunity for public hearing and,’’ and ulation of more than 10,000, that is not less ‘‘(III) variances and exemptions; and inserting ‘‘effect,’’; and than $1,000 per day per violation; and ‘‘(IV) monitoring requirements determined (II) by striking ‘‘proposed order’’ and in- ‘‘(B) in the case of any other system, that to be significant by the Administrator after serting ‘‘order’’; and is adequate to ensure compliance (as deter- consultation with the States. (ii) in the second sentence, by striking mined by the State); ‘‘(ii) DISTRIBUTION.—The State shall pub- ‘‘proposed to be’’; and except that a State may establish a maxi- lish and distribute summaries of the report (C) in paragraph (3)— mum limitation on the total amount of ad- and indicate where the full report is avail- (i) by striking subparagraph (B) and insert- ministrative penalties that may be imposed able for review. ing the following: on a public water system per violation.’’. ‘‘(B) ANNUAL REPORT BY ADMINISTRATOR.— ‘‘(B) EFFECT OF PENALTY AMOUNTS.—In a (c) JUDICIAL REVIEW.—Section 1448(a) (42 Not later than July 1, 1997, and annually case in which a civil penalty sought by the U.S.C. 300j–7(a)) is amended— thereafter, the Administrator shall prepare Administrator under this paragraph does not (1) in paragraph (2) of the first sentence, by and make available to the public an annual exceed $5,000, the penalty shall be assessed inserting ‘‘final’’ after ‘‘any other’’; report summarizing and evaluating reports by the Administrator after notice and oppor- (2) in the second sentence, by striking ‘‘or submitted by States pursuant to subpara- tunity for a public hearing (unless the person issuance of the order’’ and inserting ‘‘or any graph (A) and notices submitted by public against whom the penalty is assessed re- other final Agency action’’; and water systems serving Indian Tribes pro- quests a hearing on the record in accordance (3) by adding at the end the following ‘‘In vided to the Administrator pursuant to sub- with section 554 of title 5, United States any petition concerning the assessment of a paragraph (C) or (D) of paragraph (2) and Code). In a case in which a civil penalty civil penalty pursuant to section making recommendations concerning the re- sought by the Administrator under this para- 1414(g)(3)(B), the petitioner shall simulta- sources needed to improve compliance with graph exceeds $5,000, but does not exceed neously send a copy of the complaint by cer- this title. The report shall include informa- $25,000, the penalty shall be assessed by the tified mail to the Administrator and the At- tion about public water system compliance Administrator after notice and opportunity torney General. The court shall set aside and on Indian reservations and about enforce- for a hearing on the record in accordance remand the penalty order if the court finds ment activities undertaken and financial as- with section 554 of title 5, United States that there is not substantial evidence in the sistance provided by the Administrator on Code.’’; and record to support the finding of a violation Indian reservations, and shall make specific (ii) in subparagraph (C), by striking ‘‘para- or that the assessment of the penalty by the recommendations concerning the resources graph exceeds $5,000’’ and inserting ‘‘sub- Administrator constitutes an abuse of dis- needed to improve compliance with this title section for a violation of an applicable re- cretion.’’. on Indian reservations.’’. quirement exceeds $25,000’’; and SEC. 22. FEDERAL AGENCIES. SEC. 21. ENFORCEMENT; JUDICIAL REVIEW. (4) by adding at the end the following: (a) IN GENERAL.—Subsections (a) and (b) of (a) IN GENERAL.—Section 1414 (42 U.S.C. ‘‘(h) CONSOLIDATION INCENTIVE.— section 1447 (42 U.S.C. 300j–6) are amended to 300g–3) is amended— ‘‘(1) IN GENERAL.—An owner or operator of read as follows: (1) in subsection (a)— a public water system may submit to the ‘‘(a) COMPLIANCE.— (A) in paragraph (1)— State in which the system is located (if the ‘‘(1) IN GENERAL.—Each Federal agency (i) in subparagraph (A)— State has primary enforcement responsibil- shall be subject to, and comply with, all Fed- (I) in clause (i), by striking ‘‘any national ity under section 1413) or to the Adminis- eral, State, interstate, and local substantive primary drinking water regulation in effect trator (if the State does not have primary and procedural requirements, administrative under section 1412’’ and inserting ‘‘any appli- enforcement responsibility) a plan (including authorities, and process and sanctions con- cable requirement’’; and specific measures and schedules) for— cerning the provision of safe drinking water July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7735

or underground injection in the same man- ‘‘(1) IN GENERAL.—If the Administrator ing such subsection to appear after sub- ner, and to the same extent, as any non- finds that a Federal agency has violated an section (a); governmental entity is subject to, and shall applicable requirement under this title, the (4) in subsection (a)— comply with, the requirements, authorities, Administrator may issue a penalty order as- (A) by striking paragraph (2) (as so amend- and process and sanctions. sessing a penalty against the Federal agen- ed) and inserting the following: ‘‘(2) ADMINISTRATIVE ORDERS AND PEN- cy. ‘‘(2) INFORMATION AND RESEARCH FACILI- ALTIES.—The Federal, State, interstate, and ‘‘(2) PENALTIES.—The Administrator may, TIES.—In carrying out this title, the Admin- local substantive and procedural require- after notice to the agency, assess a civil pen- istrator is authorized to— ments, administrative authorities, and proc- alty against the agency in an amount not to ‘‘(A) collect and make available informa- ess and sanctions referred to in paragraph (1) exceed $25,000 per day per violation. tion pertaining to research, investigations, include all administrative orders and all ‘‘(3) PROCEDURE.—Before an administrative and demonstrations with respect to provid- civil and administrative penalties or fines, penalty order issued under this subsection ing a dependably safe supply of drinking regardless of whether the penalties or fines becomes final, the Administrator shall pro- water, together with appropriate rec- are punitive or coercive in nature or are im- vide the agency an opportunity to confer ommendations in connection with the infor- posed for isolated, intermittent, or continu- with the Administrator and shall provide the mation; and ing violations. agency notice and an opportunity for a hear- ‘‘(B) make available research facilities of ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU- ing on the record in accordance with chap- the Agency to appropriate public authori- NITY.—The United States expressly waives ters 5 and 7 of title 5, United States Code. ties, institutions, and individuals engaged in any immunity otherwise applicable to the ‘‘(4) PUBLIC REVIEW.— studies and research relating to this title.’’; United States with respect to any require- ‘‘(A) IN GENERAL.—Any interested person (B) by striking paragraph (3); ment, administrative authority, or process may obtain review of an administrative pen- (C) by redesignating paragraph (11) as para- or sanction referred to in paragraph (2) (in- alty order issued under this subsection. The graph (3) and moving such paragraph to ap- cluding any injunctive relief, administrative review may be obtained in the United States pear before paragraph (4); and order, or civil or administrative penalty or District Court for the District of Columbia (D) by adding at the end the following: fine referred to in paragraph (2), or reason- or in the United States District Court for the ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— able service charge). The reasonable service district in which the violation is alleged to There are authorized to be appropriated to charge referred to in the preceding sentence have occurred by the filing of a complaint the Administrator to carry out research au- includes— with the court within the 30-day period be- thorized by this section $25,000,000 for each of ‘‘(A) a fee or charge assessed in connection ginning on the date the penalty order be- fiscal years 1994 through 2003, of which with the processing, issuance, renewal, or comes final. The person filing the complaint $4,000,000 shall be available for each fiscal amendment of a permit, variance, or exemp- shall simultaneously send a copy of the com- year for research on the health effects of ar- tion, review of a plan, study, or other docu- plaint by certified mail to the Administrator senic in drinking water.’’; ment, or inspection or monitoring of a facil- and the Attorney General. (5) in subsection (b) (as so amended)— ity; and ‘‘(B) RECORD.—The Administrator shall (A) by striking ‘‘subparagraph’’ each place ‘‘(B) any other nondiscriminatory charge promptly file in the court a certified copy of it appears and inserting ‘‘subsection’’; and that is assessed in connection with a Fed- the record on which the order was issued. (B) by adding at the end the following: eral, State, interstate, or local safe drinking ‘‘(C) STANDARD OF REVIEW.—The court shall ‘‘There are authorized to be appropriated to water regulatory program. not set aside or remand the order unless the carry out this subsection $8,000,000 for each ‘‘(4) CIVIL PENALTIES.—No agent, employee, court finds that there is not substantial evi- of fiscal years 1995 through 2003.’’; or officer of the United States shall be per- dence in the record, taken as a whole, to sup- (6) in the first sentence of subsection (c), sonally liable for any civil penalty under port the finding of a violation or that the as- by striking ‘‘eighteen months after the date this subsection with respect to any act or sessment of the penalty by the Adminis- of enactment of this subsection’’ and insert- omission within the scope of the official du- trator constitutes an abuse of discretion. ing ‘‘2 years after the date of enactment of the Safe Drinking Water Act Amendments of ties of the agent, employee, or officer. ‘‘(D) PROHIBITION ON ADDITIONAL PEN- 1995, and every 5 years thereafter’’; ‘‘(5) CRIMINAL SANCTIONS.—An agent, em- ALTIES.—The court may not impose an addi- ployee, or officer of the United States may tional civil penalty for a violation that is (7) in subsection (d) (as amended by para- be subject to a criminal sanction under a subject to the order unless the court finds graph (1))— State, interstate, or local law concerning the that the assessment constitutes an abuse of (A) in paragraph (1), by striking ‘‘, and’’ at the end and inserting a semicolon; provision of drinking water or underground discretion by the Administrator.’’. injection. No department, agency, or instru- (c) CITIZEN ENFORCEMENT.—The first sen- (B) in paragraph (2), by striking the period mentality of the executive, legislative, or ju- tence of section 1449(a) (42 U.S.C. 300j–8(a)) is at the end and inserting a semicolon; dicial branch of the Federal Government amended— (C) in paragraph (3), by striking the period shall be subject to a sanction referred to in (1) in paragraph (1), by striking ‘‘, or’’ and at the end and inserting ‘‘; and’’; the preceding sentence. inserting a semicolon; (D) by inserting after paragraph (3) the fol- ‘‘(b) WAIVER OF COMPLIANCE.— (2) in paragraph (2), by striking the period lowing: ‘‘(1) IN GENERAL.—The President may waive at the end and inserting ‘‘; or’’; and ‘‘(4) develop and maintain a system for compliance with subsection (a) by any de- (3) by adding at the end the following: forecasting the supply of, and demand for, partment, agency, or instrumentality in the ‘‘(3) for the collection of a penalty (and as- various professional occupational categories executive branch if the President determines sociated costs and interest) against any Fed- and other occupational categories needed for waiving compliance with such subsection to eral agency that fails, by the date that is 1 the protection and treatment of drinking be in the paramount interest of the United year after the effective date of a final order water in each region of the United States.’’; States. to pay a penalty assessed by the Adminis- and ‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA- trator under section 1447(d), to pay the pen- (E) by adding at the end the following: TIONS.—No waiver described in paragraph (1) alty.’’. ‘‘There are authorized to be appropriated to shall be granted due to the lack of an appro- (d) WASHINGTON AQUEDUCT.—Section 1447 carry out this subsection $10,000,000 for each priation unless the President has specifically (42 U.S.C. 300j–6) (as amended by subsection of fiscal years 1994 through 2003.’’; and requested the appropriation as part of the (b)) is further amended by adding at the end (8) by adding at the end the following: budgetary process and Congress has failed to the following: ‘‘(i) BIOLOGICAL MECHANISMS.—In carrying make available the requested appropriation. ‘‘(e) WASHINGTON AQUEDUCT.—The Wash- out this section, the Administrator shall ‘‘(3) PERIOD OF WAIVER.—A waiver under ington Aqueduct Authority, the Army Corps conduct studies to— this subsection shall be for a period of not to of Engineers, and the Secretary of the Army ‘‘(1) understand the mechanisms by which exceed 1 year, but an additional waiver may shall not pass the cost of any penalty as- chemical contaminants are absorbed, distrib- be granted for a period of not to exceed 1 sessed under this title on to any customer, uted, metabolized, and eliminated from the year on the termination of a waiver if the user, or other purchaser of drinking water human body, so as to develop more accurate President reviews the waiver and makes a from the Washington Aqueduct system, in- physiologically based models of the phenom- determination that it is in the paramount cluding finished water from the Dalecarlia or ena; interest of the United States to grant an ad- McMillan treatment plant.’’. ‘‘(2) understand the effects of contami- ditional waiver. SEC. 23. RESEARCH. nants and the mechanisms by which the con- ‘‘(4) REPORT.—Not later than January 31 of Section 1442 (42 U.S.C. 300j–1) (as amended taminants cause adverse effects (especially each year, the President shall report to Con- by section 12(d)) is further amended— noncancer and infectious effects) and the gress on each waiver granted pursuant to (1) by redesignating paragraph (3) of sub- variations in the effects among humans, es- this subsection during the preceding cal- section (b) as paragraph (3) of subsection (d) pecially subpopulations at greater risk of ad- endar year, together with the reason for and moving such paragraph to appear after verse effects, and between test animals and granting the waiver.’’. paragraph (2) of subsection (d); humans; and (b) ADMINISTRATIVE PENALTY ORDERS.— (2) by striking subsection (b) (as so amend- ‘‘(3) develop new approaches to the study of Section 1447 (42 U.S.C. 300j–6) is amended by ed); complex mixtures, such as mixtures found in adding at the end the following: (3) by redesignating subparagraph (B) of drinking water, especially to determine the ‘‘(d) ADMINISTRATIVE PENALTY ORDERS.— subsection (a)(2) as subsection (b) and mov- prospects for synergistic or antagonistic H7736 CONGRESSIONAL RECORD — HOUSE July 17, 1996 interactions that may affect the shape of the pathogens, disinfectants, and disinfection (2) in paragraph (13)— dose-response relationship of the individual byproducts. (A) by striking ‘‘The’’ and inserting ‘‘(A) chemicals and microbes, and to examine ‘‘(3) IMPLEMENTATION OF PLAN.—In carrying Except as provided in subparagraph (B), noncancer endpoints and infectious diseases, out the research plan, the Administrator the’’; and and susceptible individuals and subpopula- shall use the most cost-effective mechanisms (B) by adding at the end the following: tions. available, including coordination of research ‘‘(B) For purposes of part G, the term ‘‘(j) RESEARCH PRIORITIES.—To establish with, and use of matching funds from, insti- ‘State’ means each of the 50 States and the long-term priorities for research under this tutions and utilities. Commonwealth of Puerto Rico.’’; section, the Administrator shall develop, and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (3) in paragraph (14), by adding at the end periodically update, an integrated risk char- There are authorized to be appropriated to the following: ‘‘For purposes of part G, the acterization strategy for drinking water carry out this subsection $12,500,000 for each term includes any Native village (as defined quality. The strategy shall identify unmet of fiscal years 1997 through 2003. in section 3(c) of the Alaska Native Claims needs, priorities for study, and needed im- ‘‘(l) SUBPOPULATIONS AT GREATER RISK.— Settlement Act (43 U.S.C. 1602(c))).’’; and provements in the scientific basis for activi- ‘‘(1) RESEARCH PLAN.—The Administrator (4) by adding at the end the following: ties carried out under this title. The initial shall conduct a continuing program of peer- ‘‘(15) COMMUNITY WATER SYSTEM.—The term strategy shall be made available to the pub- reviewed research to identify groups within ‘community water system’ means a public lic not later than 3 years after the date of the general population that may be at great- enactment of this subsection. water system that— er risk than the general population of ad- ‘‘(k) RESEARCH PLAN FOR HARMFUL SUB- ‘‘(A) serves at least 15 service connections verse health effects from exposure to con- STANCES IN DRINKING WATER.— used by year-round residents of the area taminants in drinking water. Not later than ‘‘(1) DEVELOPMENT OF PLAN.—The Adminis- served by the system; or trator shall— 1 year after the date of enactment of this ‘‘(B) regularly serves at least 25 year-round ‘‘(A) not later than 180 days after the date subsection, the Administrator shall develop residents. of enactment of this subsection, after con- and implement a research plan to establish ‘‘(16) NONCOMMUNITY WATER SYSTEM.—The sultation with the Secretary of Health and whether and to what degree infants, chil- term ‘noncommunity water system’ means a Human Services, the Secretary of Agri- dren, pregnant women, the elderly, individ- public water system that is not a community culture, and, as appropriate, the heads of uals with a history of serious illness, or water system.’’. other Federal agencies, develop a research other subpopulations that can be identified (b) PUBLIC WATER SYSTEM.— plan to support the development and imple- and characterized are likely to experience elevated health risks, including risks of can- (1) IN GENERAL.—Section 1401(4) (42 U.S.C. mentation of the most current version of 300f(4)) is amended— the— cer, from contaminants in drinking water. (A) in the first sentence, by striking ‘‘piped ‘‘(i) enhanced surface water treatment rule ‘‘(2) CONTENTS OF PLAN.—To the extent ap- water for human consumption’’ and inserting (59 Fed. Reg. 38832 (July 29, 1994)); propriate, the research shall be— ‘‘water for human consumption through ‘‘(ii) disinfectant and disinfection byprod- ‘‘(A) integrated into the health effects re- pipes or other constructed conveyances’’; ucts rule (Stage 2) (59 Fed. Reg. 38668 (July search plan carried out by the Administrator (B) by redesignating subparagraphs (A) and 29, 1994)); and to support the regulation of specific con- (B) as clauses (i) and (ii), respectively; ‘‘(iii) ground water disinfection rule (avail- taminants under this Act; and ability of draft summary announced at 57 ‘‘(B) designed to identify— (C) by striking ‘‘(4) The’’ and inserting the Fed. Reg. 33960 (July 31, 1992)); and ‘‘(i) the nature and extent of the elevated following: ‘‘(B) carry out the research plan, after con- health risks, if any; ‘‘(4) PUBLIC WATER SYSTEM.— sultation and appropriate coordination with ‘‘(ii) the groups likely to experience the ‘‘(A) IN GENERAL.—The’’; and the Secretary of Agriculture and the heads elevated health risks; (D) by adding at the end the following: of other Federal agencies. ‘‘(iii) biological mechanisms and other fac- ‘‘(B) CONNECTIONS.— ‘‘(2) CONTENTS OF PLAN.— tors that may contribute to elevated health ‘‘(i) IN GENERAL.—For purposes of subpara- ‘‘(A) IN GENERAL.—The research plan shall risks for groups within the general popu- graph (A), a connection to a system that de- include, at a minimum— lation; livers water by a constructed conveyance ‘‘(i) an identification and characterization ‘‘(iv) the degree of variability of the health other than a pipe shall not be considered a of new disinfection byproducts associated risks to the groups from the health risks to connection, if— with the use of different disinfectants; the general population; ‘‘(I) the water is used exclusively for pur- ‘‘(ii) toxicological studies and, if war- ‘‘(v) the threshold, if any, at which the ele- poses other than residential uses (consisting ranted, epidemiological studies to determine vated health risks for a specific contaminant of drinking, bathing, and cooking, or other what levels of exposure from disinfectants occur; and similar uses); and disinfection byproducts, if any, may be ‘‘(vi) the probability of the exposure to the ‘‘(II) the Administrator or the State (in the associated with developmental and birth de- contaminants by the identified group. case of a State exercising primary enforce- fects and other potential toxic end points; ‘‘(3) REPORT.—Not later than 4 years after ment responsibility for public water sys- ‘‘(iii) toxicological studies and, if war- the date of enactment of this subsection and tems) determines that alternative water to ranted, epidemiological studies to quantify periodically thereafter as new and signifi- achieve the equivalent level of public health the carcinogenic potential from exposure to cant information becomes available, the Ad- protection provided by the applicable na- disinfection byproducts resulting from dif- ministrator shall report to Congress on the tional primary drinking water regulation is ferent disinfectants; results of the research. provided for residential or similar uses for ‘‘(iv) the development of practical analyt- ‘‘(4) USE OF RESEARCH.—In characterizing drinking and cooking; or ical methods for detecting and enumerating the health effects of drinking water contami- ‘‘(III) the Administrator or the State (in microbial contaminants, including giardia, nants under this Act, the Administrator the case of a State exercising primary en- cryptosporidium, and viruses; shall consider all relevant factors, including forcement responsibility for public water ‘‘(v) the development of reliable, efficient, the results of research under this subsection, systems) determines that the water provided and economical methods to determine the vi- the margin of safety for variability in the for residential or similar uses for drinking ability of individual cryptosporidium general population, and sound scientific and cooking is centrally treated or treated oocysts; practices (including the 1993 and 1994 reports at the point of entry by the provider, a pass- ‘‘(vi) the development of dose-response of the National Academy of Sciences) regard- through entity, or the user to achieve the curves for pathogens, including ing subpopulations at greater risk for ad- equivalent level of protection provided by cryptosporidium and the Norwalk virus; verse health effects.’’. the applicable national primary drinking ‘‘(vii) the development of indicators that SEC. 24. DEFINITIONS. water regulations. define treatment effectiveness for pathogens (a) IN GENERAL.—Section 1401 (42 U.S.C. ‘‘(ii) IRRIGATION DISTRICTS.—An irrigation and disinfection byproducts; and 300f) is amended— district in existence prior to May 18, 1994, ‘‘(viii) bench, pilot, and full-scale studies (1) in paragraph (1)— that provides primarily agricultural service and demonstration projects to evaluate opti- (A) in subparagraph (D), by inserting ‘‘ac- through a piped water system with only inci- mized conventional treatment, ozone, granu- cepted methods for’’ before ‘‘quality con- dental residential use shall not be considered lar activated carbon, and membrane tech- trol’’; and to be a public water system if the system or nology for controlling pathogens (including (B) by adding at the end the following: the residential users of the system comply cryptosporidium) and disinfection byprod- ‘‘At any time after promulgation of a regula- with subclause (II) or (III) of clause (i). ucts. tion referred to in this paragraph, the Ad- ‘‘(C) TRANSITION PERIOD.—A water supplier ‘‘(B) RISK DEFINITION STRATEGY.—The re- ministrator may add equally effective qual- that would be a public water system only as search plan shall include a strategy for de- ity control and testing procedures by guid- a result of modifications made to this para- termining the risks and estimated extent of ance published in the Federal Register. The graph by the Safe Drinking Water Act disease resulting from pathogens, disinfect- procedures shall be treated as an alternative Amendments of 1995 shall not be considered ants, and disinfection byproducts in drinking for public water systems to the quality con- a public water system for purposes of the Act water, and the costs and removal efficiencies trol and testing procedures listed in the reg- until the date that is two years after the associated with various control methods for ulation.’’; date of enactment of this subparagraph, if July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7737

during such two-year period the water sup- ‘‘(6) EVALUATIONS AND REPORTS.—Not later programs including methods and practices plier complies with the monitoring require- than 3 years after the date of enactment of that protect both surface and ground water. ments of the Surface Water Treatment Rule the Safe Drinking Water Act Amendments of In selecting projects for assistance under and no indicator of microbial contamination 1995, and every 3 years thereafter, the Ad- this subsection, the Administrator shall give is exceeded during that period. If a water ministrator shall evaluate the State ground priority to projects that are carried out to supplier does not serve 15 service connec- water protection programs that are the sub- satisfy criteria published under section tions (as defined in subparagraphs (A) and ject of grants awarded pursuant to this sub- 1412(b)(7)(C) or that are identified through (B)) or 25 people at any time after the con- section and report to Congress on the status programs developed and implemented pursu- clusion of the two-year period, the water of ground water quality in the United States ant to section 1428. supplier shall not be considered a public and the effectiveness of State programs for ‘‘(B) MATCHING REQUIREMENTS.—Federal water system.’’. ground water protection. assistance provided under this subsection SEC. 25. WATERSHED AND GROUND WATER PRO- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— shall not exceed 35 percent of the total cost TECTION. There are authorized to be appropriated to of the protection program being carried out (a) STATE GROUND WATER PROTECTION carry out this subsection $20,000,000 for each for any particular watershed or ground water GRANTS.—Section 1443 (42 U.S.C. 300j–2) is of fiscal years 1995 through 2003.’’. recharge area. amended— (b) CRITICAL AQUIFER PROTECTION.—Section ‘‘(2) NEW YORK CITY WATERSHED PROTEC- (1) by redesignating subsection (c) as sub- 1427 (42 U.S.C. 300h–6) is amended— TION PROGRAM.— section (d); and (1) in subsection (b)(1), by striking ‘‘not ‘‘(A) IN GENERAL.—Pursuant to the author- (2) by inserting after subsection (b) the fol- later than 24 months after the enactment of ity of paragraph (1), the Administrator is au- lowing: the Safe Drinking Water Act Amendments of thorized to provide financial assistance to ‘‘(c) STATE GROUND WATER PROTECTION 1986’’; and the State of New York for demonstration GRANTS.— (2) in the first sentence of subsection (n), projects implemented as part of the water- ‘‘(1) IN GENERAL.—The Administrator may by adding at the end the following: shed program for the protection and en- make a grant to a State for the development hancement of the quality of source waters of and implementation of a State program to ‘‘1992–2003 ...... 15,000,000.’’. the New York City water supply system. ensure the coordinated and comprehensive (c) WELLHEAD PROTECTION AREAS.—Section Demonstration projects which shall be eligi- protection of ground water resources within 1428(k) (42 U.S.C. 300h–7(k)) is amended by ble for financial assistance shall be certified the State. adding at the end the following: to the Administrator by the State of New ‘‘(2) GUIDANCE.—Not later than 1 year after ‘‘1992–2003 ...... 30,000,000.’’. York as satisfying the purposes of this sub- the date of enactment of the Safe Drinking (d) UNDERGROUND INJECTION CONTROL section and shall include those projects that Water Act Amendments of 1995, and annually GRANT.—Section 1443(b)(5) (42 U.S.C. 300j– thereafter, the Administrator shall publish demonstrate, assess, or provide for com- 2(b)(5)) is amended by adding at the end the prehensive monitoring, surveillance, and re- guidance that establishes procedures for ap- following: plication for State ground water protection search with respect to the efficacy of phos- ‘‘1992–2003 ...... 15,000,000.’’. program assistance and that identifies key phorus offsets or trading, wastewater diver- elements of State ground water protection (e) REPORT TO CONGRESS ON PRIVATE DRINK- sion, septic system siting and maintenance, programs. ING WATER.—Section 1450 (42 U.S.C. 300j–9) is innovative or enhanced wastewater treat- ‘‘(3) CONDITIONS OF GRANTS.— amended by striking subsection (h) and in- ment technologies, innovative methodolo- ‘‘(A) IN GENERAL.—The Administrator shall serting the following: gies for the control of storm water runoff, award grants to States that submit an appli- ‘‘(h) REPORT TO CONGRESS ON PRIVATE urban, agricultural, and forestry best man- cation that is approved by the Adminis- DRINKING WATER.—The Administrator shall agement practices for controlling nonpoint trator. The Administrator shall determine conduct a study to determine the extent and source pollution, operator training, compli- the amount of a grant awarded pursuant to seriousness of contamination of private ance surveillance and that establish water- this paragraph on the basis of an assessment sources of drinking water that are not regu- shed or basin-wide coordinating, planning or of the extent of ground water resources in lated under this title. Not later than 3 years governing organizations. In certifying the State and the likelihood that awarding after the date of enactment of the Safe projects to the Administrator, the State of the grant will result in sustained and reli- Drinking Water Act Amendments of 1995, the New York shall give priority to these mon- able protection of ground water quality. Administrator shall submit to Congress a re- itoring and research projects that have un- ‘‘(B) INNOVATIVE PROGRAM GRANTS.—The port that includes the findings of the study dergone peer review. Administrator may also award a grant pur- and recommendations by the Administrator ‘‘(B) REPORT.—Not later than 5 years after suant to this paragraph for innovative pro- concerning responses to any problems identi- the date on which the Administrator first grams proposed by a State for the prevention fied under the study. In designing and con- provides assistance pursuant to this para- of ground water contamination. ducting the study, including consideration of graph, the Governor of the State of New ‘‘(C) ALLOCATION OF FUNDS.—The Adminis- research design, methodology, and conclu- York shall submit a report to the Adminis- trator shall, at a minimum, ensure that, for sions and recommendations, the Adminis- trator on the results of projects assisted. each fiscal year, not less than 1 percent of trator shall consult with experts outside the ‘‘(3) AUTHORIZATION.—There are authorized funds made available to the Administrator Agency, including scientists, hydro- to be appropriated to the Administrator such by appropriations to carry out this sub- geologists, well contractors and suppliers, sums as are necessary to carry out this sub- section are allocated to each State that sub- and other individuals knowledgeable in section for each of fiscal years 1997 through mits an application that is approved by the ground water protection and remediation.’’. 2003 including $15,000,000 for each of such fis- Administrator pursuant to this subsection. (f) NATIONAL CENTER FOR GROUND WATER cal years for the purpose of providing assist- ‘‘(D) LIMITATION ON GRANTS.—No grant RESEARCH.—The Administrator of the Envi- ance to the State of New York to carry out awarded by the Administrator may be used ronmental Protection Agency, acting paragraph (2).’’. for a project to remediate ground water con- through the Robert S. Kerr Environmental SEC. 26. LEAD PLUMBING AND PIPES; RETURN tamination. Research Laboratory, is authorized to rees- FLOWS. ‘‘(4) COORDINATION WITH OTHER GRANT PRO- tablish a partnership between the Labora- (a) FITTINGS AND FIXTURES.—Section 1417 GRAMS.—The awarding of grants by the Ad- tory and the National Center for Ground (42 U.S.C. 300g–6) is amended— ministrator pursuant to this subsection shall Water Research, a university consortium, to (1) in subsection (a)— be coordinated with the awarding of grants conduct research, training, and technology (A) by striking paragraph (1) and inserting pursuant to section 319(i) of the Federal transfer for ground water quality protection the following: Water Pollution Control Act (33 U.S.C. and restoration. ‘‘(1) PROHIBITIONS.— (g) WATERSHED PROTECTION DEMONSTRA- 1329(i)) and the awarding of other Federal ‘‘(A) IN GENERAL.—No person may use any grant assistance that provides funding for TION PROGRAM.— pipe, any pipe or plumbing fitting or fixture, programs related to ground water protec- (1) The heading of section 1443 (42 U.S.C.) is any solder, or any flux, after June 19, 1986, in tion. amended to read as follows: the installation or repair of— ‘‘(5) AMOUNT OF GRANTS.—The amount of a ‘‘Grants for State and local programs’’ ‘‘(i) any public water system; or grant awarded pursuant to paragraph (1) (2) Section 1443 (42 U.S.C.) is amended by ‘‘(ii) any plumbing in a residential or non- shall not exceed 50 percent of the eligible adding at the end thereof the following: residential facility providing water for costs of carrying out the ground water pro- ‘‘(e) WATERSHED PROTECTION DEMONSTRA- human consumption, tection program that is the subject of the TION PROGRAM.— that is not lead free (within the meaning of grant (as determined by the Administrator) ‘‘(1) IN GENERAL.— subsection (d)). for the 1-year period beginning on the date ‘‘(A) ASSISTANCE FOR DEMONSTRATION ‘‘(B) LEADED JOINTS.—Subparagraph (A) that the grant is awarded. The State shall PROJECTS.—The Administrator is authorized shall not apply to leaded joints necessary for pay a State share to cover the costs of the to provide technical and financial assistance the repair of cast iron pipes.’’; ground water protection program from State to units of State or local government for (B) in paragraph (2)(A), by inserting after funds in an amount that is not less than 50 projects that demonstrate and assess innova- ‘‘Each’’ the following: ‘‘owner or operator of percent of the cost of conducting the pro- tive and enhanced methods and practices to a’’; and gram. develop and implement watershed protection (C) by adding at the end the following: H7738 CONGRESSIONAL RECORD — HOUSE July 17, 1996

‘‘(3) UNLAWFUL ACTS.—Effective 2 years proposed maximum contaminant level, but water supply customer has been entered into after the date of enactment of this para- not later than 180 days after the Adminis- under paragraph (2). graph, it shall be unlawful— trator of the Environmental Protection (2) CONTRACTS WITH PUBLIC WATER SUPPLY ‘‘(A) for any person to introduce into com- Agency publishes a final maximum contami- CUSTOMERS.— merce any pipe, or any pipe or plumbing fit- nant level, for a contaminant under section (A) CONTRACTS TO REPAY CORPS DEBT.—To ting or fixture, that is not lead free, except 1412 of the Public Health Service Act (42 the extent provided in appropriations Acts, for a pipe that is used in manufacturing or U.S.C. 300g–1), the Secretary, after public no- and in accordance with subparagraphs (B) industrial processing; tice and comment, shall issue a regulation and (C), the Chief of Engineers of the Army ‘‘(B) for any person engaged in the business that establishes a quality level for the con- Corps of Engineers is authorized to enter of selling plumbing supplies, except manu- taminant in bottled water or make a finding into a series of contracts with each public facturers, to sell solder or flux that is not that a regulation is not necessary to protect water supply customer under which the cus- lead free; or the public health because the contaminant is tomer commits to repay a pro-rata share of ‘‘(C) for any person to introduce into com- contained in water in the public water sys- the principal and interest owed by the Army merce any solder or flux that is not lead free tems (as defined under section 1401(4) of such Corps of Engineers to the Secretary of the unless the solder or flux bears a prominent Act (42 U.S.C. 300f(4)) and not in water used Treasury under paragraph (1). Under each of label stating that it is illegal to use the sol- for bottled drinking water. In the case of any the contracts, the customer that enters into der or flux in the installation or repair of contaminant for which a national primary the contract shall commit to pay any addi- any plumbing providing water for human drinking water regulation was promulgated tional amount necessary to fully offset the consumption.’’; before the date of enactment of the Safe risk of default on the contract. (2) in subsection (d)— Drinking Water Act Amendments of 1995, the (B) OFFSETTING OF RISK OF DEFAULT.—Each (A) in paragraph (1), by striking ‘‘lead, Secretary shall issue the regulation or make contract under subparagraph (A) shall in- and’’ and inserting ‘‘lead;’’; the finding required by this paragraph not clude such additional terms and conditions (B) in paragraph (2), by striking ‘‘lead.’’ later than 1 year after that date. as the Secretary of the Treasury may require and inserting ‘‘lead; and’’; and ‘‘(2) The regulation shall include any mon- so that the value to the Government of the (C) by adding at the end the following: itoring requirements that the Secretary de- contracts is estimated to be equal to the ‘‘(3) when used with respect to plumbing termines to be appropriate for bottled water. obligational authority used by the Army fittings and fixtures, refers to plumbing fit- ‘‘(3) The regulation— Corps of Engineers for modernizing the tings and fixtures in compliance with stand- ‘‘(A) shall require that the quality level for Washington Aqueduct at the time that each ards established in accordance with sub- the contaminant in bottled water be as strin- series of contracts is entered into. section (e).’’; and gent as the maximum contaminant level for (C) OTHER CONDITIONS.—Each contract en- (3) by adding at the end the following: the contaminant published by the Adminis- tered into under subparagraph (A) shall— (i) provide that the public water supply ‘‘(e) PLUMBING FITTINGS AND FIXTURES.— trator of the Environmental Protection customer pledges future income from fees as- ‘‘(1) IN GENERAL.—The Administrator shall Agency; and provide accurate and timely technical infor- ‘‘(B) may require that the quality level be sessed to operate and maintain the Washing- mation and assistance to qualified third- more stringent than the maximum contami- ton Aqueduct; (ii) provide the United States priority over party certifiers in the development of vol- nant level if necessary to provide ample pub- all other creditors; and untary standards and testing protocols for lic health protection under this Act. (iii) include other conditions that the Sec- the leaching of lead from new plumbing fit- ‘‘(4)(A) If the Secretary fails to establish a retary of the Treasury determines to be ap- tings and fixtures that are intended by the regulation within the period described in propriate. manufacturer to dispense water for human paragraph (1), the regulation with respect to (3) BORROWING AUTHORITY.—Subject to an ingestion. the final maximum contaminant level pub- appropriation under paragraph (1)(B) and ‘‘(2) STANDARDS.— lished by the Administrator of the Environ- after entering into a series of contracts ‘‘(A) IN GENERAL.—If a voluntary standard mental Protection Agency (as described in under paragraph (2), the Secretary, acting for the leaching of lead is not established by such paragraph) shall be considered, as of the through the Chief of Engineers of the Army the date that is 1 year after the date of en- date on which the Secretary is required to Corps of Engineers, shall seek borrowing au- actment of this subsection, the Adminis- establish a regulation under paragraph (1), as thority from the Secretary of the Treasury trator shall, not later than 2 years after the the final regulation for the establishment of under paragraph (1)(B). date of enactment of this subsection, pro- the quality level for a contaminant required (4) DEFINITIONS.—In this subsection: mulgate regulations setting a health-effects- under paragraph (1) for the purpose of estab- (A) PUBLIC WATER SUPPLY CUSTOMER.—The based performance standard establishing lishing or amending a bottled water quality term ‘‘public water supply customer’’ means maximum leaching levels from new plumb- level standard with respect to the contami- the District of Columbia, the county of Ar- ing fittings and fixtures that are intended by nant. lington, Virginia, and the city of Falls the manufacturer to dispense water for ‘‘(B) Not later than 30 days after the end of Church, Virginia. human ingestion. The standard shall become the period described in paragraph (1), the (B) VALUE TO THE GOVERNMENT.—The term effective on the date that is 5 years after the Secretary shall, with respect to a maximum ‘‘value to the Government’’ means the net date of promulgation of the standard. contaminant level that is considered as a present value of a contract under paragraph ‘‘(B) ALTERNATIVE REQUIREMENT.—If regu- quality level under subparagraph (A), publish (2) calculated under the rules set forth in lations are required to be promulgated under a notice in the Federal Register that sets subparagraphs (A) and (B) of section 502(5) of subparagraph (A) and have not been promul- forth the quality level and appropriate mon- the Congressional Budget Act of 1974 (2 gated by the date that is 5 years after the itoring requirements required under para- U.S.C. 661a(5)), excluding section 502(5)(B)(i) date of enactment of this subsection, no per- graphs (1) and (2) and that provides that the of such Act, as though the contracts pro- son may import, manufacture, process, or quality level standard and requirements vided for the repayment of direct loans to distribute in commerce a new plumbing fit- shall take effect on the date on which the the public water supply customers. ting or fixture, intended by the manufac- final regulation of the maximum contami- (C) WASHINGTON AQUEDUCT.—The term turer to dispense water for human ingestion, nant level takes effect or 18 months after the ‘‘Washington Aqueduct’’ means the water that contains more than 4 percent lead by notice is issued pursuant to this subpara- supply system of treatment plants, raw dry weight.’’. graph, whichever is later.’’. water intakes, conduits, reservoirs, trans- (b) WATER RETURN FLOWS.—Section 3013 of SEC. 28. OTHER AMENDMENTS. mission mains, and pumping stations owned Public Law 102–486 (42 U.S.C. 13551) is re- (a) CAPITAL IMPROVEMENTS FOR THE WASH- by the Federal Government located in the pealed. INGTON AQUEDUCT.— metropolitan Washington, District of Colum- (c) RECORDS AND INSPECTIONS.—Subpara- (1) AUTHORIZATIONS.— bia, area. graph (A) of section 1445(a)(1) (42 U.S.C. 300j– (A) AUTHORIZATION OF MODERNIZATION.— (b) DRINKING WATER ADVISORY COUNCIL.— 4(a)(1)) (as designated by section 19(a)(1)(A)) Subject to approval in, and in such amounts The second sentence of section 1446(a) (42 is amended by striking ‘‘Every person’’ and as may be provided in appropriations Acts, U.S.C. 300j–6(a)) is amended by inserting be- all that follows through ‘‘is a grantee,’’ and the Chief of Engineers of the Army Corps of fore the period at the end the following: ‘‘, of inserting ‘‘Every person who is subject to Engineers is authorized to modernize the which two such members shall be associated any requirement of this title or who is a Washington Aqueduct. with small, rural public water systems’’. grantee’’. (B) AUTHORIZATION OF APPROPRIATIONS.— (c) SHORT TITLE.— SEC. 27. BOTTLED WATER. There is authorized to be appropriated to the (1) IN GENERAL.—The title (42 U.S.C. 1401 et Section 410 of the Federal Food, Drug, and Army Corps of Engineers borrowing author- seq.) is amended by inserting after the title Cosmetic Act (21 U.S.C. 349) is amended— ity in amounts sufficient to cover the full heading the following: (1) by striking ‘‘Whenever’’ and inserting costs of modernizing the Washington Aque- ‘‘SHORT TITLE ‘‘(a) Except as provided in subsection (b), duct. The borrowing authority shall be pro- ‘‘SEC. 1400. This title may be cited as the whenever’’; and vided by the Secretary of the Treasury, ‘Safe Drinking Water Act’.’’. (2) by adding at the end the following: under such terms and conditions as are es- (2) CONFORMING AMENDMENT.—Section 1 of ‘‘(b)(1) After the Administrator of the En- tablished by the Secretary of the Treasury, Public Law 93–523 (88 Stat. 1660) is amended vironmental Protection Agency publishes a after a series of contracts with each public by inserting ‘‘of 1974’’ after ‘‘Water Act’’. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7739

(d) TECHNICAL AMENDMENTS TO SECTION (C) by adding at the end the following new a naturally occurring estrogen, or such other HEADINGS.— paragraph: endocrine effect as the Administrator may (1) The section heading and subsection des- ‘‘(5) the zebra mussel was discovered on designate. ignation of subsection (a) of section 1417 (42 Lake Champlain during 1993 and the oppor- (2) IMPLEMENTATION.—Not later than 2 U.S.C. 300g–6) are amended to read as fol- tunity exists to act quickly to establish years after the date of enactment of this sub- lows: zebra mussel controls before Lake Cham- section, after obtaining review of the screen- ‘‘PROHIBITION ON USE OF LEAD PIPES, FITTINGS, plain is further infested and management ing program described in paragraph 1 by the SOLDER, AND FLUX costs escalate.’’. scientific advisory panel established under (2) EX OFFICIO MEMBERS OF AQUATIC NUI- section 25(d) of the Act of June 25, 1947 (chap- ‘‘SEC. 1417. (a)’’. SANCE SPECIES TASK FORCE.—Section 1201(c) ter 125), and the Science Advisory Board es- (2) The section heading and subsection des- of such Act (16 U.S.C. 4721(c)) is amended by ignation of subsection (a) of section 1426 (42 tablished by section 8 of the Environmental inserting ‘‘, the Lake Champlain Basin Pro- Research, Development, and Demonstration U.S.C. 300h–5) are amended to read as fol- gram,’’ after ‘‘Great Lakes Commission’’. lows: Act of 1978 (42 U.S.C. 4365), the Administrator (3) AQUATIC NUISANCE SPECIES PROGRAM.— shall implement the program. ‘‘REGULATION OF STATE PROGRAMS Subsections (b)(6) and (i)(1) of section 1202 of (3) SUBSTANCES.—In carrying out the ‘‘SEC. 1426. (a)’’. such Act (16 U.S.C. 4722) is amended by in- screening program described in paragraph (3) The section heading and subsection des- serting ‘‘, Lake Champlain,’’ after ‘‘Great (1), the Administrator shall provide for the ignation of subsection (a) of section 1427 (42 Lakes’’ each place it appears. testing of all active and inert ingredients (4) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 300h–6) are amended to read as fol- used in products described in section 103(e) of Section 1301(b) of such Act (16 U.S.C. 4741(b)) lows: the Comprehensive Environmental Response, is amended— ‘‘SOLE SOURCE AQUIFER DEMONSTRATION Compensation, and Liability Act of 1980 (42 (A) in paragraph (3), by inserting ‘‘, and the PROGRAM U.S.C. 9603(e)), and may provide for the test- Lake Champlain Research Consortium,’’ ing of any other substance if the Adminis- ‘‘SEC. 1427. (a)’’. after ‘‘Laboratory’’; and trator determines that a widespread popu- (4) The section heading and subsection des- (B) in paragraph (4)(A)— lation may be exposed to the substance. ignation of subsection (a) of section 1428 (42 (i) by inserting after ‘‘(33 U.S.C. 1121 et U.S.C. 300h–7) are amended to read as fol- seq.)’’ the following: ‘‘and grants to colleges (4) EXEMPTION.—Notwithstanding para- lows: for the benefit of agriculture and the me- graph (3), the Administrator may, by regula- tion, exempt from the requirements of this ‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD chanic arts referred to in the first section of subsection a biologic substance or other sub- PROTECTION AREAS the Act of August 30, 1890 (26 Stat 417, chap- ter 841; 7 U.S.C. 322)’’; and stance if the Administrator determines that ‘‘SEC. 1428. (a)’’. the substance does not have any effect in hu- (5) The section heading and subsection des- (ii) by inserting ‘‘and the Lake Champlain basin’’ after ‘‘Great Lakes region’’. mans similar to an effect produced by a nat- ignation of subsection (a) of section 1432 (42 urally occurring estrogen. U.S.C. 300i–1) are amended to read as follows: (f) SOUTHWEST CENTER FOR ENVIRONMENTAL RESEARCH AND POLICY.— (5) COLLECTION OF INFORMATION.— ‘‘TAMPERING WITH PUBLIC WATER SYSTEMS (1) ESTABLISHMENT OF CENTER.—The Ad- (A) IN GENERAL.—The Administrator shall ‘‘SEC. 1432. (a)’’. ministrator of the Environmental Protection issue an order to a person that manufactures (6) The section heading and subsection des- Agency shall take such action as may be a substance for which testing is required ignation of subsection (a) of section 1451 (42 necessary to establish the Southwest Center under this subsection to conduct testing in U.S.C. 300j–11) are amended to read as fol- for Environmental Research and Policy accordance with the screening program de- lows: (hereinafter referred to as ‘‘the Center’’). scribed in paragraph (1), and submit informa- ‘‘INDIAN TRIBES (2) MEMBERS OF THE CENTER.—The Center tion obtained from the testing to the Admin- shall consist of a consortium of American istrator, within a time period that the Ad- ‘‘SEC. 1451. (a)’’. and Mexican universities, including New ministrator determines is sufficient for the (7) The section heading and first word of Mexico State University; the University of generation of the information. section 1461 (42 U.S.C. 300j–21) are amended Utah; the University of Texas at El Paso; (B) FAILURE TO SUBMIT INFORMATION.— to read as follows: San Diego State University; Arizona State (i) SUSPENSION.—If a person referred to in ‘‘DEFINITIONS University; and four educational institutions subparagraph (A) fails to submit the infor- ‘‘SEC. 1461. As’’. in Mexico. mation required under such subparagraph (8) The section heading and first word of (3) FUNCTIONS.—Among its functions, the within the time period established by the section 1462 (42 U.S.C. 300j–22) are amended Center shall— order, the Administrator shall issue a notice to read as follows: (A) conduct research and development pro- of intent to suspend the sale or distribution ‘‘RECALL OF DRINKING WATER COOLERS WITH grams, projects and activities, including of the substance by the person. Any suspen- LEAD-LINED TANKS training and community service, on United sion proposed under this subparagraph shall States-Mexico border environmental issues, become final at the end of the 30-day period ‘‘SEC. 1462. For’’. beginning on the date that the person re- (9) The section heading and subsection des- with particular emphasis on water quality ceives the notice of intent to suspend, unless ignation of subsection (a) of section 1463 (42 and safe drinking water; during that period a person adversely af- U.S.C. 300j–23) are amended to read as fol- (B) provide objective, independent assist- fected by the notice requests a hearing or lows: ance to the EPA and other Federal, State and local agencies involved in environmental the Administrator determines that the per- ‘‘DRINKING WATER COOLERS CONTAINING LEAD policy, research, training and enforcement, son referred to in subparagraph (A) has com- ‘‘SEC. 1463. (a)’’. including matters affecting water quality plied fully with this paragraph. (10) The section heading and subsection and safe drinking water throughout the (ii) HEARING.—If a person requests a hear- designation of subsection (a) of section 1464 southwest border region of the United ing under clause (i), the hearing shall be con- (42 U.S.C. 300j–24) are amended to read as fol- States; and ducted in accordance with section 554 of title lows: (C) help to coordinate and facilitate the 5, United States Code. The only matter for ‘‘LEAD CONTAMINATION IN SCHOOL DRINKING improvement of environmental policies and resolution at the hearing shall be whether WATER programs between the United States and the person has failed to submit information Mexico, including water quality and safe required under this paragraph. A decision by ‘‘SEC. 1464. (a)’’. the Administrator after completion of a (11) The section heading and subsection drinking water policies and programs. hearing shall be considered to be a final designation of subsection (a) of section 1465 (4) AUTHORIZATION OF APPROPRIATIONS.— agency action. (42 U.S.C. 300j–25) are amended to read as fol- There are authorized to be appropriated to (iii) TERMINATION OF SUSPENSIONS.—The lows: the Administrator $10,000,000 for each of the fiscal years 1996 through 2003 to carry out Administrator shall terminate a suspension ‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS the programs, projects and activities of the under this subparagraph issued with respect REGARDING LEAD CONTAMINATION IN SCHOOL Center. Funds made available pursuant to to a person if the Administrator determines DRINKING WATER this paragraph shall be distributed by the that the person has complied fully with this ‘‘SEC. 1465. (a)’’. Administrator to the university members of paragraph. (e) PREVENTION AND CONTROL OF ZEBRA the Center located in the United States. (6) AGENCY ACTION.—In the case of any sub- MUSSEL INFESTATION OF LAKE CHAMPLAIN.— (g) ESTROGENIC SUBSTANCES SCREENING stance that is found to have a potential ad- (1) FINDINGS.—Section 1002(a) of the Non- PROGRAM.— verse effect on humans as a result of testing indigenous Aquatic Nuisance Prevention and (1) DEVELOPMENT.—Not later than 1 year and evaluation under this subsection, the Control Act of 1990 (16 U.S.C. 4701(a)) is after the date of enactment of this sub- Administrator shall take such action, in- amended— section, the Administrator shall develop a cluding appropriate regulatory action by (A) by striking ‘‘and’’ at the end of para- screening program, using appropriate vali- rule or by order under statutory authority graph (3); dated test systems, to determine whether available to the Administrator, as is nec- (B) by striking the period at the end of certain substances may have an effect in hu- essary to ensure the protection of public paragraph (4) and inserting ‘‘; and’’; and mans that is similar to an effect produced by health. H7740 CONGRESSIONAL RECORD — HOUSE July 17, 1996 (7) REPORT TO CONGRESS.—Not later than 4 (3) USE OF FUNDS.—Each grant awarded The Clerk read as follows: years after the date of enactment of this sub- pursuant to paragraph (2) shall be used to Mr. STUPAK moves that the managers on section, the Administrator shall prepare and provide assistance to one or more eligible the part of the House at the conference on submit to Congress a report containing— community with respect to which the resi- the disagreeing votes of the two Houses on (A) the findings of the Administrator re- dents are subject to a significant health risk the House amendment to the bill S. 1316 be sulting from the screening program de- (as determined by the Administrator or the instructed to insist upon the provisions con- scribed in paragraph (1); head of the Federal agency making the tained in section 506 of the House amend- (B) recommendations for further testing grant) attributable to the lack of access to ment. and research needed to evaluate the impact an adequate and affordable drinking water on human health of the substances tested supply system or treatment works for The SPEAKER pro tempore. The gen- under the screening program; and wastewater. tleman from Virginia [Mr. BLILEY] will (C) recommendations for any further ac- (4) OPERATION AND MAINTENANCE.—The Ad- be recognized for 30 minutes, and the tions (including any action described in ministrator and the heads of other appro- gentleman from Michigan [Mr. STUPAK] paragraph (6)) that the Administrator deter- priate Federal agencies, other entities or will be recognized for 30 minutes. mines are appropriate based on the findings. border States are authorized to use funds ap- The Chair recognizes the gentleman propriated pursuant to this subsection to op- (h) GRANTS TO ALASKA TO IMPROVE SANITA- from Michigan [Mr. STUPAK]. TION IN RURAL AND NATIVE VILLAGES.— erate and maintain a treatment works or (1) IN GENERAL.—The Administrator of the other project that is constructed with funds b 1730 Environmental Protection Agency may made available pursuant to this subsection. make grants to the State of Alaska for the (5) PLANS AND SPECIFICATIONS.—Each treat- Mr. STUPAK. Mr. Speaker, if I may, benefit of rural and Native villages in Alaska ment works or other project that is funded after I make my statement I ask unan- to pay the Federal share of the cost of— by a grant awarded pursuant to this sub- imous consent that any remaining (A) the development and construction of section shall be constructed in accordance time I have be controlled by the gen- water and wastewater systems to improve with plans and specifications approved by tleman from Michigan [Mr. DINGELL]. the health and sanitation conditions in the the Administrator, the head of the Federal The SPEAKER pro tempore (Mr. agency making the grant, or the border villages; and BARRETT of Nebraska). Is there objec- State in which the eligible community is lo- (B) training, technical assistance, and edu- tion to the request of the gentleman cational programs relating to the operation cated. The standards for construction appli- and management of sanitation services in cable to a treatment works or other project from Michigan? rural and Native villages. eligible for assistance under title II of the There was no objection. (2) FEDERAL SHARE.—The Federal share of Federal Water Pollution Control Act (33 Mr. STUPAK. Mr. Speaker, I yield the cost of the activities described in para- U.S.C. 1281 et seq.) shall apply to the con- myself such time as I may consume. graph (1) shall be 50 percent. struction of a treatment works or project Mr. Speaker, the subject of this mo- (3) ADMINISTRATIVE EXPENSES.—The State under this subsection in the same manner as tion to instruct is critical to the suc- of Alaska may use an amount not to exceed the standards apply under such title. cess of this conference. (6) AUTHORIZATION OF APPROPRIATIONS.— 4 percent of any grant made available under On June 25, 1996, I came to the floor this subsection for administrative expenses There are authorized to be appropriated to necessary to carry out the activities de- carry out this subsection such sums as may prepared to unequivocally support a scribed in paragraph (1). be necessary for fiscal years 1996 through bill that protects the environment and (4) CONSULTATION WITH THE STATE OF ALAS- 2003. provides needed flexibility for local KA.—The Administrator shall consult with MOTION OFFERED BY MR. BILILEY governments. the State of Alaska on a method of Mr. BILILEY. Mr. Speaker, I offer a I was very concerned to learn that prioritizing the allocation of grants under motion. $375 million in earmarks were added to paragraph (1) according to the needs of, and the agreed upon bi-partisan bill. relative health and sanitation conditions in, The Clerk read as follows: I introduced into the RECORD the ad- each eligible village. Mr. BLILEY moves to strike all after the (5) AUTHORIZATION OF APPROPRIATIONS.— enacting clause of S. 1316 and insert in lieu ministration’s position on these ear- There are authorized to be appropriated such thereof the text of H.R. 3604 as passed by the marks. The administration position sums as are necessary for each of the fiscal Hosue, as follows: states, ‘‘The administration * * * years 1996 through 2003 to carry out this sub- [Bill not available at time of printing. Will strongly opposes the provisions added section. be printed in a future issue of the RECORD.] in title V which would jeopardize pub- (i) ASSISTANCE TO COLONIAS.— The SPEAKER pro tempore. The lic health and undermine the SRF by (1) DEFINITIONS.—As used in this sub- question is on the motion offered by limiting states’ flexibility to prioritize section— the gentleman from Virginia [Mr. BLI- project funding.’’ (A) ELIGIBLE COMMUNITY.—The term ‘‘eligi- LEY]. In addition to inserting this state- ble community’’ means a low-income com- The motion was agreed to. munity with economic hardship that— ment, I engaged the gentleman from The Senate bill was ordered to be New York, the chairman of the Water (i) is commonly referred to as a colonia; read a third time, was read the third (ii) is located along the United States-Mex- Resources and Environment Sub- ico border (generally in an unincorporated time, and passed. committee in a colloquy on this issue. area); and The title of the Senate bill was He pledged to maintain the 75-percent (iii) lacks basic sanitation facilities such amended so as to read: ‘‘A bill to trigger in the final conference report. as a safe drinking water supply, household amend title XIV of the Public Health By supporting this motion, the Mem- plumbing, and a proper sewage disposal sys- Service Act (the ‘‘Safe Drinking Water bers of the House will show their agree- tem. Act’’) and for other purposes.’’ (B) BORDER STATE.—The term ‘‘border ment with the gentleman from New A motion to reconsider was laid on York. Please do not let an urgent bill State’’ means Arizona, California, New Mex- the table. ico and Texas. like the Safe Drinking Water Act fall A similar House bill (H.R. 3604) laid (C) TREATMENT WORKS.—The term ‘‘treat- prey to backroom pork politics. I urge ment works’’ has the meaning provided in on the table. the Members of the House to support section 212(2) of the Federal Water Pollution APPOINTMENT OF CONFEREES ON S. 1316 this motion. Control Act (33 U.S.C. 1292(2)). Mr. BLILEY. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of (2) GRANTS TO ALLEVIATE HEALTH RISKS.— unanimous consent that the House in- my time. The Administrator of the Environmental sist on its amendments to the Senate Protection Agency and the heads of other ap- Mr. BLILEY. Mr. Speaker, I yield propriate Federal agencies are authorized to bill, S. 1316, and request a conference myself such time as I may consume. award grants to any appropriate entity or with the Senate thereon. Mr. Speaker, I rise to speak on the border State to provide assistance to eligible The SPEAKER pro tempore. Is there motion to instruct conferees. communities for— objection to the request of the gen- As my colleagues are aware, H.R. 3604 (A) the conservation, development, use and tleman from Virginia? contains an authorization for a new control (including the extension or improve- There was no objection. State Revolving Fund for drinking ment of a water distribution system) of MOTION TO INSTRUCT OFFERED BY MR. STUPAK water projects. This program will pro- water for the purpose of supplying drinking water; and Mr. STUPAK. Mr. Speaker, I offer a vide States with grants which they can (B) the construction or improvement of motion to instruct. use to make loans to public water sys- sewers and treatment works for wastewater The SPEAKER pro tempore. The tems to comply with the requirements treatment. Clerk will report the motion. of the Safe Drinking Water Act. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7741 This SRF will go a long way to ad- ments to the act to ensure that the monies available for drinking water as- dress the fact that the Safe Drinking drinking water of this country is safe sistance. In fact, while the fund is au- Water Act imposes significant costs on today and safe in the future. This thorized at $1 billion annually, the ad- States and local governments. H.R. measure will improve protection of our ministration budget provides only $550 3604 makes other changes in the Safe drinking water from microbiological million next year, and the Republicans Drinking Water Act to improve the contaminants that cause acute ill- here cut $100 million from that amount cost-effectiveness of drinking water nesses, even death, from single expo- leaving a badly starved fund des- regulations. But the fact is that we sures. This measure will reduce the ex- perately needed by the States and local will continue to need regulations for posures to carcinogens, to endocrine units of government for the improve- contaminants in drinking water, so we disrupters and other long-term human ment of drinking water safety for the need this new SRF to help States and health threats. people of this country. local governments pay for the costs of The bill gives the States and the Without some protections, some of those regulations. water districts unprecedented flexibil- the conferees may be tempted to divert This bill also contains authorization ity to customize their own safe drink- some of the money from the drinking for several grant programs which were ing water programs to meet individual water fund so that pet projects selected developed by the Transportation Com- needs in their own special cir- for no reason other than the political mittee. The largest of these grant pro- cumstances, but with this progress and value to particular Members will in- grams would authorize $50 million a with this flexibility will come in- deed be funded. year for other types of water projects. creased responsibility for the States Luckily there is a modest sense of The bill contains a provision that says and for the water districts and other shame left in this body. The pro- that these grant programs should not suppliers of water to the communities. ponents of the raid have included lan- be funded unless and until the State For this reason the House bill creates a guage which provides that there will Revolving Fund receives at least 75 State revolving fund to help the States not be any luau, and for the benefit of percent of the authorized amounts. and localities to meet the costs of com- my colleagues, that is a big Hawaiian This is to ensure that the new State plying with the Safe Drinking Water dinner where roast pork is served as a Revolving Fund for public water sys- Act. This State revolving fund is au- principle diet, to consume this scrump- tems, which is important to the suc- thorized to be funded at $1 billion a tious pork unless and until the drink- cess of the Safe Drinking Water Act year through the year 2003. ing water State revolving fund receives program, does not wither away for lack The fund is to be divided between the an appropriation equal to 75 percent of of funding. States by an objective formula. States its authorization. That is the language It is my understanding that this mo- can use money for grants and loans to that this motion addresses. tion to instruct conferees simply urges their own water districts under rules We are saying to our colleagues on support for the 75 percent funding con- that focus the money on projects that the conference committee, do not dition in the House bill. I support this address the most serious health risks, make any changes in the firewall. At provision and urge my colleagues to ensure compliance with the Safe least have the shame not to go further. support the motion to instruct. Drinking Water Act and assist the sev- I might add that this instruction be- Mr. Speaker, I reserve the balance of eral water districts in the States with comes all the more crucial given the my time. the greatest need on a per household unprecedented structure that the lead- Mr. DINGELL. Mr. Speaker, I yield basis. ership has created for this conference. myself such time as I may consume. Contrasted with this fair and impar- In a movement that to the best of my (Mr. DINGELL asked and was given tial program are $375 million in grants. knowledge has never seen any prece- permission to revise and extend his re- These were added behind closed doors dent in the House outside of tax legis- marks.) in dark secrecy to fund projects se- lation, the leadership will make the Mr. DINGELL. Mr. Speaker, this mo- lected on the basis of pure raw politics. sponsors of these special projects the tion instructs the House conferees to Under this program some 14 projects exclusive conferees on these provisions. stand by the firewall provisions of the have already been earmarked. Of these That makes, in other words, the fox House safe drinking water bill. The 14 a few represent honest high prior- the guardian of the hen roost. provisions protect the funds estab- ities. Many include water totally unre- We ask the Parliamentarians to give lished for State-selected and State-con- lated to the Safe Drinking Water Act. us a list of the bills in this or other trolled safe drinking water projects Not surprising to observe, the over- Congresses in which such extraor- from any raids to funds from congres- whelming majority of these projects dinary and remarkable appointments sionally directed construction projects are for Republican Members including have been made naming as exclusive or added to this bill at the last minute by some of the freshmen from marginal even majority conferees a committee the House leadership. Those choles- districts. that was not the primary committee terol-rich pork provisions should be a Now, I want to be very clear with my on the jurisdiction of the bill. Thus far matter of legitimate concern to every colleagues on the subcommittee and we have been shown no other examples, Member of this body. full Committee on Transportation and and our research finds none. This While not everyone will agree with Infrastructure. I do not object to Con- leaves me to conclude that this was my assessment that these projects are gress properly funding important and merely an exercise of raw and unadul- 100 percent U.S. certified pork high in desirable projects to the districts of terated power by the Speaker with no cholesterol, there is fortunately no dis- Members. As was pointed out in the de- principle basis in the precedents of the pute that they should not receive one bate on the bill itself, my own district House to support it. I trust therefore cent of funding unless and until the has been receiving funds for water that it will lack future Presidential State drinking water revolving fund is projects and other projects which I and value. capitalized at sufficient levels. my constituents are properly grateful What it means in practical terms is Luckily there is language in this bill for. But I do think that it is appro- that there will be no conference report which passes the House that provides priate to raise questions when these and no safe drinking water bill enacted some firewall protection. I commend projects are inserted without hearings, into law until the conferees from the my colleagues on the Committee on without cost-benefit analysis and Committee on Transportation and In- Transportation and Infrastructure for under the cover of darkness rather frastructure have gotten everything agreeing to include this language. My than in the open light of day and only they want. That is a holdup, and it is motion to instruct makes it clear that as an exercise of pure political muscle, quite shameful. the conferees not forget this explicit and the bill is totally unrelated for the I want to remind my colleagues we commitment in the House-passed bill. purposes of these projects themselves. face a critical deadline on this bill. If it Mr. Speaker, 3 weeks ago the House Mr. Speaker, as everyone knows, is not on the President’s desk and passed a bipartisan reauthorization of there is a limited pot of money avail- signed into law by August 1, there will the safe Drinking Water Act. This able for all of our Federal programs. be a $750 million loss in safe drinking measure makes necessary improve- That includes in a very special way the water funds to several States. The H7742 CONGRESSIONAL RECORD — HOUSE July 17, 1996 money will not disappear. It will sim- Mr. BLILEY. Mr. Speaker, I yield 2 There was no objection. ply spill over into the funding of the minutes to the gentleman from New The SPEAKER pro tempore. The Clean Water Act. While I do not doubt York [Mr. BOEHLERT], a member of the question is on the motion to instruct that it could be put to good use there, Committee on Transportation and In- offered by the gentleman from Michi- I believe that our States and our local frastructure. gan [Mr. STUPAK]. water systems and ultimately the rate- (Mr. BOEHLERT asked and was given The motion to instruct was agreed payers want this money used for the permission to revise and extend his re- to. safe drinking water revolving fund es- marks.) The SPEAKER pro tempore. Without objection, the Chair appoints the fol- tablished by this bill. Thus the sole b 1745 guardians of the firewall provisions lowing conferees: Mr. BOEHLERT. Mr. Speaker, I will by the very individuals whose From the Committee on Commerce, thank my colleague for yielding time for consideration of the Senate bill (ex- projects received dollar one if the fire- to me. wall is to be stripped out. I hope our cept for sections 28(a) and 28(e)) and Mr. Speaker, the gentleman’s motion the House amendment (except for title colleagues on the Committee on Trans- is a motion to instruct the House con- V), and modifications committed to portation and Infrastructure will work ferees to express the House position, a conference: Messrs. BLILEY, BILIRAKIS, with us to ensure quick conference, a position developed by the Committee CRAPO, BILBRAY, DINGELL, WAXMAN, quick resolution and a fair and a prop- on Transportation and Infrastructure, and STUPAK. er result. so it is always a pleasure for me to From the Committee on Commerce, With the firewall in place, the revolv- stand on the floor of this House and to for consideration of sections 28(a) and ing fund should be largely shielded; and thank my colleague, the distinguished 28(e) of the Senate bill, and modifica- with this motion to instruct, the fire- gentleman from Michigan [Mr. DIN- tions committed to conference: Messrs. wall should remain in place. We would GELL], when he is endorsing a position BLILEY, BILIRAKIS, and DINGELL. then hopefully have a bill that both taken by the subcommittee that I am As additional conferees from the sides of this House will be proud of. It privileged to chair. Committee on Science, for consider- will also be a bill that can and will be I do not have a problem with his lan- ation of that portion of section 3 that signed by the President. guage, not at all. Our committee in- adds a new section 1478 and sections 23, We can still pass this bill by August cluded that language regarding the 75- 25(f), and 28(f) of the Senate bill, and 1. I urge my colleagues to join me in percent trigger in the safe drinking that portion of section 308 that adds a voting for this motion to instruct the water bill precisely to address the same new section 1452(n) and section 402 and conferees. type of concerns, real or perceived, title VI of the House amendment, and I reserve the balance of my time, Mr. that the gentleman has raised. Title V modifications committed to con- Speaker. of the House-passed drinking water bill ference: Messrs. WALKER, Mr. BLILEY. Mr. Speaker, I yield 2 will supplement, not undermine, let me minutes to the gentleman from Florida ROHRABACHER, and ROEMER. stress that, supplement, not undermine As additional conferees from the [Mr. BILIRAKIS]. the State revolving fund. Committee on Transportation and In- Mr. BILIRAKIS. Mr. Speaker, I Everyone agrees our priorities should frastructure, for the consideration of thank the gentleman from Virginia be to capitalize the State revolving that portion of section 3 that adds a [Mr. BLILEY] for yielding this time to fund. The 75-percent trigger is just one new section 1471(c) and sections 9, 17, me, and I rise to speak on the motion of several safeguards to ensure this re- 22(d), 25(a), 25(g), 28(a), 28(e), 28(h), and to instruct. mains a priority. 28(i) of the Senate bill, and title V of I think the motion reflects the un- Once again, Mr. Speaker, I want to derstandings reached concerning the the House amendment and modifica- repeat, I am pleased to stand on this tions committed to conference: Messrs. inclusion of title V within H.R. 3604, floor and thank the gentleman from the bill to amend and reauthorize the SHUSTER, BOEHLERT, WAMP, BORSKI, Michigan, the senior Democrat on the and MENENDEZ, provided, Mr. BLUTE is Safe Drinking Water Act approved by Committee on Commerce, for recogniz- the Commerce Committee. appointed in lieu of Mr. WAMP for con- ing the work of the Committee on sideration of title V of the House In general, H.R. 3604 provides for a Transportation and Infrastructure. It new State revolving fund—or SRF. The amendment. is through these partnerships that we There was no objection. express purpose of the SRF is to pro- address a very important national f vide loans and loan guarantees for ex- problem and get some results. penditures that will facilitate compli- I want to comfort my colleague by NATIONAL DEFENSE AUTHORIZA- ance with national drinking water reminding him that there are no ear- TION ACT FOR FISCAL YEAR 1997 standards. SRF funds may only be used marks in this bill, that the funding is Mr. WELDON of Pennsylvania. Mr. for compliance efforts or for other ef- contingent upon Congress first appro- Speaker, I ask unanimous consent to forts that would significantly further priating adequate amounts for the take from the Speaker’s table the bill the health protection objectives of the State revolving fund, and the grants (H.R. 3230) to authorize appropriations Safe Drinking Water Act. program is intended for hardship com- for fiscal year 1997 for military activi- EPA has estimated that $8.6 billion is munities and areas. My distinguished ties of the Department of Defense, for currently needed to bring public water colleague, the gentleman from Michi- military construction, and for defense systems into compliance with current gan, I think would agree that they are activities of the Department of Energy, standards. H.R. 3604 will go a long ways the communities that deserve the most to prescribe personnel strengths for toward meeting this needs, but the consideration as we try to go forward such fiscal year for the Armed Forces, fund needs to be insulated from de- and guarantee a cleaner, safer, and for other purposes, with a Senate mands which could compete with its healthier environment for all Ameri- amendment thereto, disagree to the basic purpose. cans. Senate amendment, and agree to the The language offered in the motion We have worked well together, and I conference asked by the Senate. to instruct merely reflects the desire am pleased to support the gentleman’s The SPEAKER pro tempore. Is there expressed by the Transportation and instructions. objection to the request of the gen- Infrastructure Committee to similarly Mr. DINGELL. Mr. Speaker, I have tleman from Pennsylvania? protect the SRF. Statutory language no further requests for time, and I There was no objection. to this effect was included in H.R. 2747, yield back the balance of my time. MOTION TO INSTRUCT OFFERED BY MR. DELLUMS a bill reported from the Transportation Mr. BLILEY. Mr. Speaker, I urge an Mr. DELLUMS. Mr. Speaker, I offer a and Infrastructure Committee to pro- ‘‘aye’’ vote, and I yield back the bal- motion to instruct. vide water supply infrastructure assist- ance of my time. The SPEAKER pro tempore. The ance. H.R. 3604 adopted nearly identical The SPEAKER pro tempore (Mr. Clerk will report the motion. provisions. I therefore urge the adop- BARRETT of Nebraska). Without objec- The Clerk read as follows: tion of the motion to instruct by the tion, the previous question is ordered Mr. DELLUMS moves that the managers on full House of Representatives. on the motion. the part of the House at the conference on July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7743 the disagreeing votes of the two Houses on Last year the House passed, nearly In the area of key infrastructure im- the Senate amendment to the bill H.R. 3230 unanimously, a measure instructing provements, Mr. Speaker, we provide be instructed to insist upon— conferees not to recede from the House $214 million, 38 percent above the (1) a total level of funding for operations readiness funding level. Nonetheless, President’s request, in added funding and maintenance not less than the total of the amounts provided in section 301 of the some readiness funding was indeed sac- to the construction of new barracks House bill; rificed to save procurement programs and dormitories. We provide $303 mil- (2) a level of funding for military personnel that the service chiefs had not re- lion, 45 percent above the President’s not less than the amount provided in section quested. request, in added funding for the con- 421 of the House bill; and In offering this motion, Mr. Speaker, struction of new family housing units (3) a total level of funding for military con- it is this gentleman’s hope that we will and the improvement of existing units. struction and military family housing not be able again to send a message to the We provide $28 million, nearly 5 times less than the total of the amounts provided other body that we remain serious the President’s request, in added fund- in division B of the House bill. about our commitment to our person- ing to build new child development The SPEAKER pro tempore. The gen- nel, their quality of life, and their centers. We provide $25 million, more tleman from California [Mr. DELLUMS] readiness, and that we will not retreat than double the President’s request in will be recognized for 30 minutes, and this year from our baseline commit- added funding to support the ability of the gentleman from Pennsylvania [Mr. ment to meeting those needs. the Secretary of Defense to enter into WELDON] will be recognized for 30 min- Mr. Speaker, I reserve the balance of public-private partnerships to produce utes. my time. more military housing at a lower cost The Chair recognizes the gentleman b 1800 to the taxpayer. from California [Mr. DELLUMS]. Finally, Mr. Speaker, in terms of key Mr. DELLUMS. Mr. Speaker, I yield Mr. WELDON of Pennsylvania. Mr. morale, welfare and recreation im- myself such time as I may consume. Speaker, I yield myself such time as I provements, we provide $60 million in Mr. Speaker, I offer a motion to in- may consume. additional funding for high priority struct conferees today because of my Mr. Speaker, I rise on behalf of the MWR programs identified by the De- concern that the resolution of issues gentleman from South Carolina, FLOYD fense Science Board Task Force on between the House-passed defense au- SPENCE, the distinguished chairman of Quality of Life. thorization bill and the Senate amend- the Committee on National Security, Mr. Speaker, there are just a few of ment not be concluded at the expense and agree with my colleague in the mo- the highlights, but they are totally of our men and women in uniform and tion to instruct. We on this side have consistent with the points raised by their ability to perform their mission. looked at the motion and agree with the distinguished ranking member of I am concerned that the conferees the contents and think it is well stat- this committee. They are well founded, may overlook these vital requirements ed. Certainly we agree with it, and we and therefore, on behalf of FLOYD in favor of the plus-ups in major acqui- think our actions speak to the points SPENCE, I would say that the majority sition programs that the service chiefs raised in the motion to instruct. agrees with this motion to instruct. have not asked for and for which there The chairman of the full committee We look forward to working with the exists, in this gentleman’s opinion, no would be here, but at this point in time distinguished ranking member as we legitimate military requirement. he is joining a number of our col- move toward the conference and, as Several important accounts are at leagues as we in this body pay tribute conferees are appointed, to negotiate stake, Mr. Speaker. We have very real to the distinguished former chairman the differences that we have with our quality-of-life concerns for our men of our committee, Les Aspin, in unveil- Senate counterparts and reach a final and women in uniform and a need to ing the portrait of him which will hang bill that hopefully the President will ensure that our military construction in our committee hearing room. So sign into law. accounts are funded sufficiently to Chairman SPENCE is speaking at this Mr. PICKETT. Mr. Speaker, I rise in support meet those requirements. We are con- point in time or else he would be here of the motion offered by my good friend and ducting operations and training that on the floor to lead this discussion. colleague from California. demand real resources, and our readi- But I rise to say to my friend and The military personnel provisions passed by ness accounts should not be depleted. colleague and distinguished ranking the House of Representatives as part of the Perhaps, most importantly, we need to member of the full committee that we fiscal year 1997 defense authorization bill sol- ensure that our military personnel re- agree with him and we agree with the idly support quality of life and readiness ef- ceive the pay and benefits for which motion in terms of the three key issues forts. These provisions reflect the continued they are more than deserving. The and areas that he has focused on, and support of this House for our military service quickest way to a hollow force is the we think our actions in the bill in fact members. loss of neglected personnel. speak to those issues. We think that we To highlight just a few of these provisions, Mr. Speaker, a consistent theme of have addressed the issue of moderniza- the military personnel titles include a 3 percent this year’s defense debate has been the tion but, at the same point in time, military pay raise, requested by the President, ‘‘modernization crisis’’ caused by a have taken those steps in terms of as well as a 4.6 percent increase in the basic ‘‘procurement holiday.’’ readiness, in terms of quality of life, allowance for quartersÐBAQ. This increase in In this gentleman’s opinion, Mr. that will allow us to keep up the mo- BAQ will fully fund a 1 percent reduction in Speaker, the testimony before our rale and protect the well-being of those out-of-pocket housing expenses for service committee demonstrates the validity troops that are serving this country members. of the administration’s modernization today around the world. The military personnel titles passed by the strategy. By being able to utilize the In the area of key personnel actions, House provide the Secretary of Defense with equipment made excess by the Mr. Speaker, we have included a 4.6 the authority to establish a minimum variable drawdown of our forces, we have been percent increase in the bachelor allow- housing allowance so that even very junior able to forestall procurement expendi- ance for quarters to combine the de- service members can acquire safe and ade- tures into the future. partment’s highly touted underfunded quate housing in high cost areas. Additionally, Finally, Mr. Speaker, the House 6-year effort to reduce out-of-pocket there are provisions that make several en- should stand by its authorization levels housing expenses. We support a 3 per- hancements to the reimbursements for perma- in the personnel, military construc- cent military pay raise. We provide for nent change of station moves. Military mem- tion, and readiness accounts, and send a substantial package of enhancements bers should not be forced to use their per- a clear message to the other body that for permanent change of station move sonal savings to offset the cost of a Govern- in resolving the differences between reimbursements, and we establish a ment-directed move. our two bills that we will make only minimum variable housing allowance To minimize the readiness impact of contin- those investments in modernization to ensure all service personnel are ued shortfalls in the Army military personnel that can be justified by requirements, compensated at a level sufficient to ac- account, the House bill includes nearly $150 by development and testing, and in re- quire safe and adequate housing in million more than the President's budget re- lationship to our other priorities. high-cost areas. quest for the Army military personnel account. H7744 CONGRESSIONAL RECORD — HOUSE July 17, 1996 The House bill also restores the nearly half ference committee meetings on the bill H.R. Kaptur Mollohan Scott a billion dollar shortfall in the defense health 3230, to authorize appropriations for fiscal Kasich Montgomery Seastrand year 1997 for military activities of the De- Kelly Moorhead Sensenbrenner program. Medical care consistently rates as a Kennedy (MA) Moran Serrano partment of Defense, for military construc- Kennedy (RI) Morella Shadegg top quality of life issue. Not resolving this tion, and for defense programs of the Depart- issue would have dire consequences for ac- Kennelly Myers Shaw ment of Energy, to prescribe personnel Kildee Myrick Shays tive-duty family members and retirees who strengths for such fiscal year for the armed Kim Nadler Shuster have a difficult enough time already trying to forces, and for other purposes, be closed to King Neal Sisisky obtain medical care in military facilities. Failure the public at such times as classified na- Kingston Nethercutt Skaggs tional security information is under consid- Kleczka Neumann Skeen to meet this need would involve a significant Klink Ney Skelton breach of faith with our military members and eration, provided, however, that any sitting Klug Norwood Smith (MI) retirees. Member of Congress shall have the right to Knollenberg Nussle Smith (NJ) I remind my colleagues that the most impor- attend any closed or open meeting. Kolbe Oberstar Smith (TX) The SPEAKER pro tempore. The LaFalce Obey Smith (WA) tant component of readiness is people. The LaHood Olver Solomon people serving in uniform today were selec- question is on the motion offered by Lantos Ortiz Souder tively recruited and carefully trained. They are the gentleman from Pennsylvania [Mr. Largent Orton Spence WELDON]. Latham Owens Spratt truly the finest force that the United States has LaTourette Oxley Stearns ever had. Under the rule, the vote on this mo- Laughlin Pallone Stenholm Readiness must be preserved both in the tion must be taken by the yeas and Lazio Parker Stockman near-term and in the long-term. Readiness nays. Leach Pastor Stokes Levin Paxon Studds problems compound quickly and cannot be re- The vote was taken by electronic de- Lewis (CA) Payne (NJ) Stump paired easily or inexpensively. The military vice, and there were—yeas 412, nays 3, Lewis (GA) Payne (VA) Talent personnel that we put in harm's way deserve not voting 18, as follows: Lewis (KY) Pelosi Tanner Lightfoot Peterson (FL) Tate a full and continuing commitment from this [Roll No. 326] Linder Peterson (MN) Tauzin Congress. The House of Representatives has YEAS—412 Lipinski Petri Taylor (MS) met that commitment in the DOD bill we Livingston Pickett Taylor (NC) Abercrombie Clyburn Franks (NJ) passed. LoBiondo Pombo Tejeda Ackerman Coble Frelinghuysen Lofgren Pomeroy Thomas The military personnel provisions of the Allard Coburn Frisa Longley Porter Thompson House bill continue the progress toward an im- Andrews Coleman Frost Lowey Portman Thornberry proved quality of life for our military men and Archer Collins (GA) Funderburk Lucas Poshard Thornton Armey Collins (IL) Furse Luther Pryce Thurman women while ensuring a well-trained, ready Bachus Collins (MI) Gallegly Maloney Quillen Tiahrt force. It confirms our commitment to readi- Baesler Combest Ganske Manton Quinn Torkildsen ness, training and taking care of the men and Baker (CA) Condit Gejdenson Manzullo Radanovich Torres Baker (LA) Conyers Gekas women who serve in our Armed Forces. Markey Rahall Torricelli Baldacci Cooley Gephardt Martinez Ramstad Towns I urge my colleagues to ratify their effort by Ballenger Costello Gibbons Martini Rangel Traficant voting for Mr. DELLUM's motion to instruct Barcia Cox Gilchrest Mascara Reed Upton House conferees to support the higher House Barr Coyne Gillmor Matsui Regula Velazquez Barrett (NE) Cramer Gilman figure for military personnel and readiness pro- McCarthy Richardson Vento Barrett (WI) Crane Gonzalez McCollum Riggs Visclosky grams. Bartlett Crapo Goodlatte McCrery Rivers Volkmer Mr. Speaker, I yield back the balance Barton Cremeans Goodling McDermott Roberts Vucanovich of my time. Bass Cubin Gordon McHale Roemer Walker Bateman Cummings Goss McHugh Rogers Walsh Mr. DELLUMS. Mr. Speaker, first I Becerra Cunningham Graham McInnis Rohrabacher Wamp would like to thank my distinguished Beilenson Danner Green (TX) McIntosh Ros-Lehtinen Ward colleague for his remarks. I appreciate Bentsen Davis Greene (UT) McKeon Roth Watt (NC) Bereuter Deal Greenwood his comments and further appreciate McKinney Roukema Watts (OK) Berman DeLauro Gunderson McNulty Roybal-Allard Waxman the support. This is a bipartisan mo- Bevill DeLay Gutierrez Meehan Royce Weldon (FL) tion to instruct conferees. Bilbray Dellums Gutknecht Meek Rush Weldon (PA) Mr. Speaker, I have no further re- Bilirakis Deutsch Hall (TX) Menendez Sabo Weller Bishop Diaz-Balart Hamilton quests for time, and I yield back the Metcalf Salmon White Bliley Dickey Hancock Meyers Sanders Whitfield balance of my time. Blumenauer Dicks Hansen Mica Sanford Wicker The SPEAKER pro tempore (Mr. Blute Dingell Harman Millender- Sawyer Williams Boehlert Dixon Hastert BARRETT of Nebraska). Without objec- McDonald Saxton Wise Boehner Doggett Hastings (FL) Miller (FL) Scarborough Woolsey tion, the previous question is ordered Bonilla Dooley Hastings (WA) Minge Schaefer Wynn on the motion to instruct. Bonior Doolittle Hayes Mink Schiff Young (AK) There was no objection. Bono Dornan Hayworth Moakley Schroeder Zeliff Borski Doyle Hefley Molinari Schumer Zimmer The SPEAKER pro tempore. The Boucher Dreier Hefner question is on the motion to instruct Brewster Duncan Heineman NAYS—3 offered by the gentleman from Califor- Browder Dunn Herger DeFazio Stark Waters Brown (CA) Edwards Hilleary ELLUMS nia [Mr. D ]. Brown (FL) Ehlers Hilliard NOT VOTING—18 The motion to instruct was agreed Brown (OH) Ehrlich Hinchey Chapman Lincoln Slaughter Brownback Engel Hobson to. de la Garza McDade Stupak Bryant (TN) English Hoekstra A motion to reconsider was laid on Durbin Miller (CA) Wilson Bryant (TX) Ensign Hoke Geren Murtha Wolf the table. Bunn Eshoo Holden Hall (OH) Packard Yates f Bunning Evans Horn Hunter Rose Young (FL) Burr Everett Hostettler MOTION TO CLOSE CONFERENCE Burton Ewing Houghton b 1834 COMMITTEE MEETINGS ON H.R. Buyer Farr Hoyer 3230, NATIONAL DEFENSE AU- Callahan Fattah Hutchinson So the motion was agreed to. Calvert Fawell Hyde The result of the vote was announced THORIZATION ACT FOR FISCAL Camp Fazio Inglis as above recorded. YEAR 1997, WHEN CLASSIFIED Campbell Fields (LA) Istook A motion to reconsider was laid on NATIONAL SECURITY INFORMA- Canady Fields (TX) Jackson (IL) Cardin Filner Jackson-Lee the table. TION IS UNDER CONSIDERATION Castle Flake (TX) f Mr. WELDON of Pennsylvania. Mr. Chabot Flanagan Jacobs Chambliss Foglietta Jefferson LEGISLATIVE PROGRAM Speaker, I offer a motion. Chenoweth Foley Johnson (CT) The SPEAKER pro tempore. The Christensen Forbes Johnson (SD) (Mr. ARMEY asked and was given Clerk will report the motion. Chrysler Ford Johnson, E. B. permission to address the House for 1 The Clerk read as follows: Clay Fowler Johnson, Sam minute.) Clayton Fox Johnston Mr. WELDON of Pennsylvania moves, pursu- Clement Frank (MA) Jones Mr. ARMEY. Mr. Speaker, I would ant to clause 6(a) of Rule XXVIII, that con- Clinger Franks (CT) Kanjorski like to advise our Members on both July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7745 sides of the aisle that we have had the HOUR OF MEETING ON TOMORROW of my adult life. And let me tell my final vote for this evening. In just a few Mr. HOBSON. Mr. Speaker, I ask colleagues what it is about. If is found- minutes we will be making a unani- unanimous consent that when the ed on the basis of Judeo-Christianity. mous consent request that has been House adjourns today it adjourn to Judeo-Christianity says it is a sin not cleared on both sides of the aisle, that meet at 9 a.m. tomorrow. to help people who need help, but it has been fully vetted, that would allow The SPEAKER pro tempore. Is there also says it is equally a sin to continue us, if accepted, to proceed with 2 hours objection to the request of the gen- to help people who need to learn how to of general debate this evening on the tleman from Ohio? help themselves. welfare reform bill. There was no objection. What we have in this bill is a gener- We would then come back in the ous amount of continued assistance for f morning to open business at 9 a.m. We those people who find themselves in would have an agreed-upon number of REMOVAL OF NAME OF MEMBER real need. I was born and raised in a 1-minutes at the outset of our morn- AS COSPONSOR OF H.R. 359 community where we had a public ing’s work and we would then go back housing development just down the Mr. BEVILL. Mr. Speaker, I ask to this bill for further debate, consider- street, and we always believed that it unanimous consent that my name be ation of the amendments made in order was necessary that people get the kind removed as a cosponsor of H.R. 359. under the rule, and then continue on of help they need to lift themselves up The SPEAKER pro tempore. Is there that bill with the expectation of com- by their bootstraps, to get the kind of objection to the request of the gen- pleting our work between 5 and 6, but help from those people in our society tleman from Alabama? certainly enabling everybody to make who have been successful, who have There was no objection. their 6 o’clock departure time tomor- been blessed; and that from those peo- row evening. f ple who are the most successful there Mr. SABO. Mr. Speaker, if the major- WELFARE AND MEDICAID REFORM is a need and a reason and, frankly, an ity leader would yield, my understand- ACT OF 1996 ultimatum in some respects to make ing is that the rule is likely to have 2 sure that we help those who, through hours of general debate for tomorrow The SPEAKER pro tempore. Pursu- no fault of their own, find themselves also; is that accurate? ant to the order of the House of today dependent. Mr. ARMEY. Mr. Speaker, the gen- and rule XXIII, the Chair declares the Now, at the same time, we also be- tleman is correct. House in the Committee of the Whole lieved in the community where I was Mr. SABO. And 1 hour on the Castle- House on the State of the Union for the born and raised that we need to give Tanner substitute? consideration of the bill, H.R. 3734. people an opportunity to be able to lift Mr. ARMEY. There will be 1 hour on b 1640 themselves out of these situations that a majority substitute, whatever that make them dependent. I think we all IN THE COMMITTEE OF THE WHOLE should be. recognize in this country that if we Accordingly the House resolved itself Mr. SABO. Mr. Speaker, I thank the have a program that traps people in de- into the Committee of the Whole House gentleman. pendence, it is wrong. on the State of the Union for the con- Mr. ARMEY. Mr. Speaker, one final In other words, we do not want to sideration of the bill (H.R. 3734) to pro- point. I should also advise Members have created a welfare system in our vide for reconciliation pursuant to sec- that in the matter of rearranging the country where people have learned to tion 201(a)(1) of the concurrent resolu- schedule for the orderly conduct of our depend on it and not to be able to de- tion on the budget for fiscal year 1997, business, we have deferred consider- pend on themselves. with Mr. GREENE of Utah in the chair. ation of campaign finance reform until The Clerk read the title of the bill. b 1845 Wednesday of next week. The CHAIRMAN. Pursuant to the Frankly, it is not fair to those folks. f order of the House of today, the bill is It is certainly not fair to their children considered as having been read the first who get raised in an environment PROVIDING FOR CONSIDERATION time. where they seem to get confused about OF H.R. 3734, WELFARE AND The gentleman from Ohio [Mr. KA- the issue of dependency and independ- MEDICAID REFORM ACT OF 1996 SICH] and the gentleman from Min- ence. I believe virtually everybody in Mr. HOBSON. Mr. Speaker, I ask nesota [Mr. SABO], will each control 60 this country wants to be independent unanimous consent that it be in order minutes. from help from others. I believe that at any time for the Speaker, pursuant The Chair recognizes the gentleman virtually everybody in this country to clause 1(b) of rule XXII, to declare from Ohio [Mr. KASICH]. wants to have a job. But I think that the House resolved into the Committee Mr. KASICH. Madam Chairman, I we have created some systems, includ- of the Whole House on the State of the yield myself such time as I may ing the current welfare system, that Union for consideration of the bill consume. have provided too many of the wrong (H.R. 3734) to provide for reconciliation Madam Chairman, today we have the incentives for people to avoid work or pursuant to section 201(a)(1) of the con- beginning of a debate that really rep- to be lulled into a sense of dependency. current resolution on the budget for resents wonderful news for America. It is wrong. It is wrong for the people fiscal year 1997, that the first reading Frankly, the third time, they say in on the system. It is wrong for their of the bill be dispensed with, that all lore, is always a charm. Well, this is children. points of order against consideration of the third time we are going to bring to So what we attempt to do in this wel- the bill be waived, that general debate the floor, and we are going to pass, a fare bill is to provide generous be confined to the bill and be limited welfare reform bill that ends welfare as amounts of money so that the children to 2 hours equally divided and con- we know it and provides a new level of of people on welfare can be taken care trolled by the chairman and ranking opportunity for all Americans, oppor- of while the people who are on welfare minority member of the Committee on tunity for people who find themselves get trained and get a job. We say at the the Budget, that after general debate in need of assistance and opportunity end of the day, you must go and find a the Committee of the Whole rise with- for those folks who get up and go to job. We will train you. We will help you out motion, and that no further consid- work every morning and ask nothing find a job. And at the end of the day, eration of the bill be in order except from their government other than to you are going to have to get off of wel- pursuant to a subsequent order of the have their level of taxation kept at a fare and you are going to have to go to House. minimum and to have the maximum work. I think that is what most people The SPEAKER pro tempore (Mr. amount of personal liberty. in this country want. BARRETT of Nebraska). Is there objec- Now, Madam Chairman, this welfare Second, however, it will not just be a tion to the request of the gentleman bill that we are about to consider victory for those who have found them- from Ohio? today is something that I think Ameri- selves trapped in the system that in There was no objection. cans have been asking for virtually all some respects has robbed themselves H7746 CONGRESSIONAL RECORD — HOUSE July 17, 1996 and their children of the independence who get up every day and work hard to Mr. ROBERTS. Madam Chairman, I that they dream about. But this is a make sure that they are independent. yield 4 minutes to the distinguished bill that in my judgment is a terrific This is a good bill for America. This gentleman from Michigan [Mr. CAMP], victory for those who struggle every is a great day for the House. Let us a former member of the sometimes day to make ends meet. keep our fingers crossed because the powerful House Committee on Agri- There are the mothers and fathers third time can be a charm. culture, a current valued member of who take their kids to day care. These Madam Chairman, I yield the balance the Committee on Ways and Means. are the mothers and fathers who on of my time to the gentleman from Kan- (Mr. CAMP asked and was given per- every paycheck sit down and try to fig- sas [Mr. ROBERTS], chairman of the mission to revise and extend his re- ure out how they can make their ends Committee on Agriculture, and I ask marks.) meet. And these are people who do not unanimous consent that the gentleman Mr. CAMP. Madam Chairman, today get anything from the Government. from Kansas be permitted to yield time Congress is again attempting to end They do not get food stamps. They do to additional speakers. welfare as we know it. Over the last 19 not get any form of welfare, any kind The CHAIRMAN. Is there objection months, my colleagues and I have of subsidy from the Federal Govern- to the request of the gentleman from twice written, debated, and adopted ment. These people get up and they go Ohio? welfare reform legislation only to have to work every day, and they struggle There was no objection. our efforts vetoed by the President. Mr. SABO. Madam Chairman, I ask every day just to keep their heads How many more families will be unanimous consent to yield my first 30 above water. Frankly, they are the trapped in the current system while minutes to the gentlewoman from Cali- ones that are truly the American he- time wastes in Washington? fornia [Ms. ROYBAL-ALLARD] and that roes in this country. Our current welfare system has de- It is not the people who struck it rich she have the authority to yield time. prived hope, diminished opportunity The CHAIRMAN. Is there objection and made a million dollars or in some and destroyed lives. After 30 years and to the request of the gentleman from cases made billions of dollars. It is not billions and billions of dollars, I ask, Minnesota? the NBA players who are signing con- There was no objection. has the Federal Government solved the tracts for $105 million. They are not The CHAIRMAN. The gentlewoman problems of poverty and dependency? Just spending more money on the our heroes. Our heroes are the mothers from California [Ms. ROYBAL-ALLARD] and fathers who fight their way off wel- is recognized for 30 minutes. Washington welfare system will not fare. They are the mothers and fathers Ms. ROYBAL-ALLARD. Madam work. Just spending more money on who have never been on it and work Chairman, I yield 2 minutes to the gen- the current system will not help chil- hard to stay off of it, and all they want tleman from Arizona [Mr. PASTOR]. dren. We need to start over. The bill to do is to raise their children in a Mr. PASTOR. Madam Chairman, I before us today is a fresh start. It ac- God-fearing country with decent values want to thank my colleague for yield- complishes five important goals for and security. ing the 2 minutes. welfare reform. This bill today represents a terrific We heard the chairman of the Com- First, it requires work in exchange victory for those people who get up mittee on the Budget talk about a vic- for benefits. It encourages independ- every day and go to work. That is who tory for America as we debate this bill ence and self-reliance for able-bodied we are passing this bill for, for those and the consequences of it. I have to people. To help those that work, the who find themselves stuck in a system tell my colleagues that they are going bill provides more child care funding that has not allowed them to become to hear some Members speak to inform than current law and more than the independent and, second, for those us that this victory is not shared by all President’s proposal for working fami- Americans who go to work every day, Americans. Americans who work hard, lies. We have a moral obligation to im- the real American heroes. Americans who want to take care of prove the lives of our children, and we This bill is compassionate for those the families, people who have been in must do all we can to change the cul- who really need the help. We recognize this country for many years but be- ture of poverty that our current wel- there are people in our society who, no cause of their status as legal immi- fare laws have created. matter what happens, are not ever grants will not be able to share this Second, this legislation also time going to get a job. Do you know what? victory. limits welfare benefits to 5 years. We have got provisions that protect There are a number of us who are While the goal is to move all families them. We recognize there are some peo- concerned both on the substitute and from welfare to work, some families ple who will never become independent. also concerned with the base bill. We may need more time or more help. So That is a fact of life. We have got to feel that the treatment of legal immi- we retain an effective safety net. Our deal with it. But we also recognize grants is very unfair. There is a mis- bill allows a hardship exemption from that, if we have a strong training, if we conception in this country, there is a the time limit for up to 20 percent of have a strong child care section and if misconception in this House that legal those on welfare. The hard-working we have a strong work requirement and immigrants are people who recently families in the Fourth Congressional we say to people, at some point you came over and are here legally only for District of Michigan and across the must go to work, we think that is also one reason, to get on public assistance. country believe welfare should be a compassionate. That is not the case. We will hear to- hand up, not a handout. They very So, we think we have a welfare bill night that many of these people have much support the requirement that that is balanced. We think also we have been here for many, many years, have able-bodied welfare recipients work for a welfare bill that essentially speaks to worked hard, have raised their chil- the benefits so generously provided by what Americans all across this country dren, and now, in many cases, will need the American taxpayer. have wanted, help those who need help, the services and the opportunities that Third, we do not give welfare to fel- but force those who need to learn how they have earned. ons and noncitizens. Many people are to help themselves to go to work. That We will also hear that there will be not aware, the Federal Government is what this bill does. It is reinventing many children that will be put in very sends checks to convicted felons serv- welfare as we know it. hard situations by these bills. As ing time in prison. Cannot these tax As the American people find out adults, as Americans, as parents, as dollars be better spent helping those what is in this bill, and this bill will family members, we are concerned families truly in need? Also many non- pass the House, it will pass the Senate, about the children that will not savor citizens have a proud tradition of hard and it will be sent to the President, we this taste of victory. work and achievement. They come to hope and pray he will sign it. If he We will hear about other parts of the America to share in the American does, it is going to be a victory for ev- bills that will affect people on domes- dream, which does not and should not erybody in this country, those con- tic violence, entitlements and will not include welfare dependency. cerned about those that cannot help savor the taste of victory. Fourth, this legislation also provides themselves, those who need to learn to So, Madam Chairman, we will rise in States with the flexibility to meet the start helping themselves, and those opposition to both bills. needs of its citizens. My State of July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7747 Michigan, under the leadership of Gov. I want to just speak a moment to the what is fair to taxpayers, and I will John Engler, and other States, have separation of policy versus politics in give my colleagues a couple of exam- made tremendous strides in moving this debate, because we know it is ples. people from welfare to work. These ac- sound policy to address the welfare sys- In my district there are large num- complishments, however, have come in tem in this country, replacing welfare bers of Vietnamese freedom fighters, spite of the Federal Government and with a working populous of able-bodied people who fought communism who the current welfare laws. people. But there is also a political came to this country as originally refu- For too long the Federal Government equation here. There has been for many gees, ultimately became residents, and has maintained policies which have months. We know that welfare reform under the bill before us, if after paying created a culture of poverty, depend- has been passed twice by this Congress taxes for years and years and years, 14 ence and despair. This bill brings con- and vetoed both times. But our Presi- years, they get a stroke, they cannot trol of welfare back to the people dent, Bill Clinton, came into these get nursing home coverage. where it belongs. chambers and delivered the State of Let me talk about another example. It is important to remember what the Union address in January, and he An immigrant who comes in with her the Government’s role in promoting challenged us to send a clean welfare husband, and her husband works for 50 independence should be. While legisla- reform bill back to him. years and dies, and then as she is an tors can design programs to help those old person, she is 65, she has a stroke, b 1900 struggling to gain financial security, and she is not eligible to get the kind the Government cannot make them There were some politics associated of nursing home care that the widow of succeed. Changing one’s attitude is with whether or not he might sign it, every other taxpayer in America can something that can only be accom- take the credit and all of that. I want look to get. plished by that individual. to say that as a freshman Member of Now, I do not think that is fair. Personal responsibility is the focus of this body, many of us have been very There are some abuses among immi- this legislation. Individuals must ac- unfortunately blamed for some of the grant groups, and there are necessary cept responsibility for their actions misfires of the last few months. We steps that need to be taken, and in fact and work with Government programs have been called unreasonable, radical, the Deal bill earlier this year did deal to improve their lives. extremist. We, many of us, went to the with those. But this is unfair. I think The current Washington-based wel- leadership of our side, our party, Mem- when we look at our taxpayers, if they fare system demands no responsibility, bers like the gentleman from Nevada are legal residents or citizens, we no work ethic, no learning, no commit- [Mr. ENSIGN] myself, and said let us ought to make sure that people who ment and, in the end, no pride. Instead, disconnect Medicaid, health care for have worked hard and paid their taxes it promotes illegitimacy, rewards irre- the poor, from welfare and do what the are treated fairly, and this so-called re- form bill fails in that regard. sponsibility and discourages self-es- President asked us to do and send a clean welfare reform bill, and as the Mr. ROBERTS. Madam Chairman, I teem. Our families and our children de- 1 gentleman from Ohio [Mr. KASICH] ar- yield 3 ⁄2 minutes to the distinguished serve better. gentleman from Virginia [Mr. I urge my colleagues to support the ticulated, the President is expected to GOODLATTE] and take the House’s time bill. sign this bill because we are sending to thank him for his contributions in Ms. ROYBAL-ALLARD. Madam him substantive welfare reform, effec- increasing the trafficking penalties Chairman, I yield myself 11⁄2 minutes. tive and efficient welfare reform, but and bringing integrity to the food Madam Chairman, I, like other Mem- we are sending him the clean bill that stamp reforms that we have passed in bers of this body, am in strong support he asked for. We did make that deci- the Committee on Agriculture and of welfare reform. But I am not for re- sion on this side of the aisle to dis- hope to pass on the House floor. connect the two so that he could not form regardless of the consequences. Mr. GOODLATTE. Madam Chairman, For that reason, I rise in strong opposi- say I do not want Medicaid attached to I thank the chairman of the Committee tion to H.R. 3734. this. on Agriculture for his kind words. This bill will have many unintended This comprehensive bill provides the Madam Chairman, I rise in support of consequences to women, children and job training, the child care, the career the welfare reform bill under consider- families in this country. One of those education, those components that we ation today, especially the reforms to consequences is its impact on victims all believe should accompany a com- the Food Stamp Program. The Food of domestic violence. Current studies prehensive welfare reform bill. This is Stamp Program provides benefits to reveal that 25 to 60 percent of partici- going to be one of the greatest suc- more than 27 million people each pants in welfare-to-work programs are cesses of this Congress. Yes, he will get month at a cost this year of more than victims of domestic abuse. For these credit, but we will get credit. We are $26 billion. It is growing out of control women, the welfare system is often the doing the people’s business. and badly in need of reform. only hope they have for escape and sur- Ms. ROYBAL-ALLARD. Madam The Committee on Agriculture held vival. This bill will effectively shred Chairman, I yield 2 minutes to the gen- eight hearings during the 104th Con- that safety net. tlewoman from California [Ms. gress to review the Food Stamp Pro- By eliminating the guarantee status LOFGREN]. gram, and many of the reforms in- of AFDC and imposing inflexible time Ms. LOFGREN. Madam Chairman, I, cluded in this bill are based on the tes- limits and work requirements, H.R. until this Congress, was a member of timony received in these hearings. Wit- 3734 will force many battered women to the local government that had respon- nesses appearing before the committee stay with their batterers or return to sibility for administering the welfare and the subcommittee on department them for financial support. program, and I felt, coming here, that operations, nutrition and foreign agri- With the passage of the Violence there were a lot changes I want to culture represented a wide variety of Against Women Act, Congress has make. There is no doubt that a lot of organizations. They included the ad- taken a strong stance against domestic things need to be fixed in welfare pro- ministration, the General Accounting violence. Let us not turn our backs on grams in this country. We need to put Office, the U.S. Department of Agri- the victims of this deplorable crime. people back to work, we need to have culture Office of Inspector General, the The lives of battered women and their expectations for work, we need to pay United States Secret Service, Gov- children depend on it. attention to child care, we need to ernors, State and local welfare admin- I hope that my colleagues will vote change the whole system. But what istrators. Representatives from organi- no on H.R. 3734. concerns me is that once again the bill zations providing direct food assistance Mr. ROBERTS. Madam Chairman, I that we will deal with goes too far. to needy families testified. Testimony yield 2 minutes to the distinguished As you know, I think, and I want to was also received from grocers, agricul- gentleman from Tennessee [Mr. WAMP]. talk about legal immigrants, not ille- tural organizations, churches and advo- Mr. WAMP. Madam Chairman, I gal immigrants because they are eligi- cacy groups. thank the gentleman for yielding the ble for nothing and should be eligible The following principles guided the time. for nothing, but I want to talk about committee in formulating the reforms H7748 CONGRESSIONAL RECORD — HOUSE July 17, 1996 to the Food Stamp Program. The Food we ask them, they say I would like to This bill would lead another 60,000 Texas Stamp Program is retained as a safety work, I would like to get off welfare, children into poverty. net. With other programs returned to and, yes, as an American I want to con- This legislation is decidedly more mean spir- the States in block grants, it is essen- tribute to what America has to offer. ited in its methods than any I have seen to tial to be able to provide food as a But these children are the ones that date. It narrows the definition of disability for basic need while States are undergoing we are speaking about, children who poor children seeking to qualify for Supple- the transition to State-designed wel- may not have the child care necessary mental Security Income [SSI]. This bill would fare programs. States are permitted to for their parents to transition from withhold vital cash aid for children with a wide use one set of rules for families apply- welfare to work because we lessen the range of serious disabilities including mental ing for food stamps and AFDC. This opportunity for those families to have retardation, tuberculosis, autism, serious men- provides one-stop service, making it transitional child care. If the money tal illness, head injuries, and arthritis. more efficient. Therefore, the programs runs out in the State, folks, if the Food stamp benefits would be cut severely, can become more taxpayer friendly by bucket is empty, then they do not have and the Federal guarantee of food aid could eliminating redtape. an opportunity to go to work if the be eliminated on the State level as an option The Food Stamp Program is taken children are not cared for. given to them by this legislation. The cuts to off automatic pilot. All automatic And then when we look at Medicaid, the Food Stamp Program would hurt 14 million spending increases are ended except an- we find that Medicaid will not be avail- children. nual increases in food benefits. Able- able for a period of time for those fami- The victims of domestic violence and their bodied individuals without dependents lies. Medicaid equals health care. It is children would still have no assurance that, if must work. In keeping with the effort important to recognize that we are they escape the violence, they could at least to encourage private sector employ- concerned about those families when survive with cash assistance until they are ment and help people regain their inde- we have a 5-year limit cutoff whether able to find work. This would cause many pendence, able-bodied people who are they will have the inability to carry women and their children being forced by from 18 to 50 years old with no depend- Medicaid to insure good health for harsh economic realities back into the abusive ents would be eligible for food stamps their children and for themselves. environment they were attempting to escape. for a limited period of time and then This is a bad bill. The Republican bill I would like to caution my colleagues to must work or participate in a workfare is a repeat, a deja vu, of cutting bil- carefully consider their vote on this bill. I will or training program in order to receive lions of dollars, but yet not responding continue to be committed to working for com- food stamps. to the fact that we all can compromise passionate and fair welfare reform. States are permitted to establish pro- together insuring that families have Ms. ROYBAL-ALLARD. Madam grams to encourage employers to par- child care and job training and, yes, Chairman, I yield 3 minutes to the dis- ticipate in an improved wage work. This is short on work, and then tinguished gentleman from California supplementation program so that wel- when it is short on work, it is short on [Mr. TORRES]. fare recipients have the opportunity to opportunity to protect our children. Mr. TORRES. Madam Chairman, I work in real jobs. This means practical We do not give them good health care, thank the gentlewoman for yielding work experience in the real world. we do not provide safe and warm places this time to me. Forfeiture-of-property legislation, for them to stay while those parents, I was struck by the message that the using forfeiture proceeds to reimburse those mothers, are going out to work. gentleman from Ohio [Mr. KASICH], the law enforcement officials, is author- I am reminded that my constituents distinguished chairman of the Commit- ized. We want to stop criminals from to a one want welfare reform. I have tee on the Budget, talked about the profiting from the Food Stamp Pro- voted for good welfare reform. Let us parables of sin and that it is sinful not gram. Penalties for violating food go back to the table and not cut $60 bil- to help. At the same time, he said it is stamp requirements are doubled, and lion just to make us feel good. Let us a sin not to help one’s self, and he the rules governing participation by re- make sure that we work for the Amer- talked about his community and where tail and wholesale food stores have ican people, who want real welfare re- he was born and raised and how he been tightened. form. grew up and how that community Under certain circumstances States Madam Chairman, I rise today to speak on pulled itself up by the bootstraps. And may operate their own Food Stamp H.R. 3734, the Republican welfare budget rec- that is well and good; that is the story Program. Once a State has imple- onciliation, because of my concerns regarding of our country. mented an electronic benefits transfer, some of the reform provisions. But what about when we have bad EBT system on a Statewide basis, re- While this effort at welfare reform contains times? What about when we have de- duces rates of error to acceptable lev- both a few improvements and some further pressions? What about my community els or pays that part of the food stamp steps backward, it still poses dangers to chil- when I was growing up, where I was error over acceptable levels, the State dren. This bill will abandon the basic Federal born, when we had a Great Depression? will have the option of operating a assurances of aid for poor children and fami- My father was deported because he Food Stamp Program under a block lies, make deep cuts in food stamp and SSI was from the other side of the border grant. benefits. This bill would cause older children and he was working here as a copper Madam Chairman, I urge my col- to lose their AFDC benefits, and provide inad- miner. My mother was left alone with league to support this bill. The welfare equate child care funding for parents who are my brother and I. We were on welfare, system, including the Food Stamp Pro- required to work, and it would eliminate almost we were on relief. We suffered, we were gram, needs significant reform, and it all help for legal immigrants in need. hungry. I wore corduroy pants. My col- is accomplished in this bill. Welfare reform is synonymous with women leagues remember that, those that re- Ms. ROYBAL-ALLARD. Madam and children which means that the $53 billion member the Depression. I wore those Chairman, I yield 2 minutes to the gen- in spending cuts over 6 years will hurt them corduroy tennis shoes. We stood in tlewoman from Texas [Ms. JACKSON- disproportionately. This bill will reduce food lines for food. LEE). stamps by $23.2 billion, it will reduce Supple- Thank heavens for relief or welfare, (Ms. JACKSON-LEE of Texas asked mental Security Income [SSI] by $9.6 billion what it was called then, and, yes, we and was given permission to revise and and aid to legal immigrants by $17.1 billion. want to change welfare as we know it extend her remarks.) In the State of Texas alone, 137,641 chil- today, we want to reform the ills of Ms. JACKSON-LEE of Texas. Madam dren would be denied aid by the year 2005 people who exploit and cheat on wel- Chairman, I want real welfare reform. because of the federally mandated 5 year limit fare. But what about the people that All of us have tried to work to respond on receiving welfare benefits. There will be cannot find jobs? What about the inca- to those who would come in good faith. 46,986 babies in Texas who would be denied pacitated? But I want to simply appeal to the aid in the next 4 years because they were What about the homeless who have women of America, the families of born in families already on welfare, and an- lost their jobs and because of that they America. This Republican bill cuts other 89,327 children in Texas would be de- have lost their homes and had to move some almost $60 billion from individ- nied aid if the State froze its spending on cash and live out of their vehicles or live in uals across this Nation who, each time assistance at the 1994 levels. parks? July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7749 What about the elderly, who, as was a little experience. There are others I think it is time to get back to the mentioned here earlier, are legal immi- who dropped out of school a long time fact that we are increasing food grants who came here many, many ago, who may be illiterate. It is going stamps. The school lunch program was years ago and worked hard and paid to take them a longer time. They need mentioned. We are not even affecting taxes and sent their sons and daughters to be job trained, they need to have the school lunch program by this bill. to war to defend this Nation, and here their GEDs, they need to get some ex- Madam Chairman, this Congress is con- they are in their time of need, elderly, perience, they need to be helped to get cerned with a government policy that widowed, alone, will not be given the back into the workplace. has spent over $5 trillion fighting pov- kind of assistance because they are It does not make good sense, Madam erty, and it has failed. It has not legal immigrants. Chairman, to treat everybody the moved us down the road. I would hope What a shame, what a shame of this same. We must assess each individual that these folks would say, listen, it is country. We cannot tolerate this. and determine where their strengths time to say welfare should not be a What about the children, the millions are, where their weaknesses are. Most way of life; that able-bodied people of children that will be put on the welfare recipients want to be independ- should be required to work in order to street because they will be pushed into ent. They do not like being on welfare. get public assistance. poverty by this ill-thought-of, ill-con- We need to have credible child care, we One of the gentlemen earlier talked ceived Republican bill? In 70 percent of need to have credible job training pro- about coming to this country during these families one of the parents is grams. They will get off. the Depression. The FDR-type pro- probably already working, but yet If politicians would simply use their grams all had a work requirement. those children will be denied. What time and their talent to create credible That gives people self-esteem. I heard about the children of immigrants in welfare reform for this country we President Clinton say one of the best this country, children who were born could get people off welfare, but this is things about people getting off of wel- here or have the fault, if my colleagues welfare bashing. This no entitlements, fare is when the 12-year-old child at will, of choosing the wrong parents and everybody off at the same time, this school, when he is asked ‘‘What does will be denied Medicaid or food stamps, does nothing to deal with real welfare your Momma do?’’ instead of saying or disabled children who will be denied reform. Members are going to starve ‘‘She is on welfare,’’ they can say, ‘‘She SSI benefits all because, as I said, they some children, they are going to take works. Here is where she works.’’ made the mistake of choosing their food stamps from a family of three that That is what we want to do. We want parents? only makes about $6,200 a year, they to get the poor independent instead of are going to take food out of the keeping them dependent so bureaucrat b 1915 mouths of hungry children in this elec- after bureaucrat in Washington can This is unconscionable. We need to tion year, having people believing that benefit from a government poverty pro- come back to the table and negotiate a they are protecting their taxpayer dol- gram. They are poverty brokers in welfare bill that is right for this coun- lars. Washington, they are not people who try in these times. We need to send the I want to tell the Members, nobody is want to make the recipients independ- President a bill that he can sign. I sim- going to be protected. What we are ent. ply say we need to work harder at this. going to have is more desperate fami- Ms. ROYBAL-ALLARD. Madam We cannot allow this bill to be passed. lies out there, more desperate mothers Chairman, I yield 30 seconds to the Ms. ROYBAL-ALLARD. Madam and fathers who will say, ‘‘I am not gentlewoman from California [Ms. WA- Chairman, I yield 3 minutes to the gen- going to allow these children to be TERS]. tlewoman from California [Ms. WA- hungry, I am not going to allow them Ms. WATERS. Madam Chairman, I TERS]. to be treated this way. I have done ev- think it is very important that we put Ms. WATERS. Madam Chairman, this erything that I could. I worked hard the facts on the floor and that we not is not welfare reform, this is welfare every day. get so carried away with our rhetoric bashing. Welfare reform has become ‘‘When I went to the welfare office that we mischaracterize what has the political football in this election after having worked 20 years, you told taken place here. year. Children and families are going me there are no more entitlements. I Every Democrat has voted for a wel- to be hurt if this bill is signed into law. cannot get any help.’’ Is that fair? No. fare bill. Remember the Deal bill? I am I will tell the Members what is fair. Poor children in families will be sure the gentleman is familiar with It is fair to have entitlements and hungrier and they will be poorer. Yes, that. It had tougher work requirements equal application of the law. I ask my some politicians will use this bill to in it. If the gentleman would like to colleagues in the House to reject this get reelected, rather than spend their correct the record, I know the gen- non-credible nonsensical welfare bill. time to produce credible, sensible, wel- tleman does not want to go on the Mr. ROBERTS. Madam Chairman, I record misquoted or misunderstood. fare reform. yield 2 minutes to the gentleman from Madam Chairman, I believe in wel- The gentleman just said we had never Georgia [Mr. KINGSTON]. voted for welfare reform. I think the fare reform and I believe we can do a Mr. KINGSTON. Madam Chairman, I better job. This bill gets rid of all the gentleman needs to correct that. have been listening to them, about Mr. KINGSTON. Madam Chairman, entitlements. That means you can have children and so forth. This is the same a family who has worked hard, mother will the gentlewoman yield? rhetoric we heard from the same group Ms. WATERS. I yield to the gen- and father worked hard for the last 20 when we passed welfare reform, when tleman from Georgia. years and all of a sudden they are we tried to change some of the other Mr. KINGSTON. Madam Chairman, downsized on the job, they lose their entitlement programs, to not have a here is what I hear from Democrat job, the job exported somewhere to a complete overhaul but to target the after Democrat: We want welfare re- Third World country for cheap labor. areas that are wasting money, to try to form, but we—— They could go in for welfare benefits reduce the bureaucracy of Washington. Ms. WATERS. The gentleman needs and, because there is no entitlement, Yet, we hear from the same people. To to correct the record. they can say I am sorry, I cannot give my knowledge, we have not heard from Mr. KINGSTON. If the gentlewoman it to you. Money has run out. Sorry, one Democrat who has ever supported a would yield time, we can talk about it. there is none left for you. That does welfare reform bill on the floor of the Ms. ROYBAL-ALLARD. Madam not make good sense. House. Chairman, I yield 3 minutes to the gen- It puts a 5-year limit on the time Madam Chairman, I think what we tleman from New Jersey [Mr. PAYNE], that you can receive benefits. That are really hearing is people who are chairman of the Congressional Black does not make good sense. There are against welfare reform. I am a father of Caucus. some people who could get off welfare four children. I do not want to see any (Mr. PAYNE of New Jersey asked and in 6 months or a year, and some who kids starving out on the street. I do not was given permission to revise and ex- may have college education and all want to throw any elderly out. I am tend his remarks.) they need to do is just get back into hearing people debate a bill that is not Mr. PAYNE of New Jersey. Madam the workplace with a little assistance, even on the floor of the House. Chairman, I rise in opposition to H.R. H7750 CONGRESSIONAL RECORD — HOUSE July 17, 1996 3734. ‘‘End welfare as we know it’’ was shape the reform bill that is now on support the strengthening of require- what was said during the last cam- the House floor. ments and the sponsors of legal immi- paign. Let us take a look at this ques- Mr. GANSKE. Madam Chairman, be- grants applying for either SSI, food tion of ending welfare as we know it. fore coming to Congress I was a physi- stamps, or AFDC, the bill bans SSI and On June 27, 1996, the Committee on cian in Des Moines, IA. My wife is a food stamps for virtually all legal im- the Budget released the Republican vi- family physician. My wife has helped migrants and imposes a 5-year ban on sion, and I use that word loosely, of 13-year-old girls deliver their babies. I all other Federal programs, including welfare reform; and some of the details have taken care of 15-years-olds who nonemergency Medicaid; imagine that, that have surfaced, they certainly need have gunshot wounds to the head, and nonemergency Medicaid, for new legal to be looked at more closely. 17-year-olds who have needle track in- immigrants. These bans would also Currently the welfare system in this fections up and down their arms and cover legal immigrants who become country is one that in some cases does probably have AIDS because of it. disabled after entering the country, foster cycles of dependency. Many I took care of 15-year-old young families with children, and current re- times an individual cannot get off of women who would bring their babies cipients. welfare rolls because she cannot get a into my office with a cleft lip, a cleft Madam Chairman, .3 million immi- job that will provide a living wage for palate, a hand deformity, and there grant children, .3 million, are affected. herself or her family, get quality child would almost never be a dad there with That is not right. that is not the tradi- care for her family, get adequate hous- them. My heart would go out to them tions of this country. ing for her family, get adequate health because they had a hard road ahead of b 1930 care for her family. them. It is one thing to take care of a If we are going to end welfare as we little baby who is 2 years old as a sin- Madam Chairman, this bill unfairly know it, does this bill help to accom- gle parent. It is quite another thing to shifts costs to States with high num- plish those things? The answer is defi- take care of a 15-year-old boy who has bers of legal immigrants. The bill re- nitely no. Providing jobs and job secu- never had the advantage of a dad, who quires virtually all Federal, State and rity will change this type of system to gets involved with a gang, and then local benefits programs to verify re- promote one that encourages self-suffi- ends up shooting himself or somebody cipients’ citizenship or alien status ciency. However, we are unwilling and else. These are new unfunded mandates for we are unable to invest the necessary We have to do something about the State, local, and nonprofit service pro- resources in our families. illegitimacy problem. In Iowa alone viders and barriers to participation for However, without the adequate sup- there were 9,000 illegitimate births last citizens. port in places, opportunity for employ- year. Next to my office, in neighbor- Again, let us look at the facts. First ment, opportunity for day care, oppor- hoods close to where I practiced, there of all, legal immigrants work hard and tunity for an adequate salary, and to was a 60-percent illegitimacy rate in pay taxes. That has been documented. promote and encourage self-suffi- Des Moines, IA. That is why I testified The foreign-born are more likely to ciency, taking this punitive approach before the Committee on Ways and work than the native-born, 77 to 74 per- to drop people from the welfare rolls Means in February 1995. I advocated of- cent. will certainly do more harm. fering States an incentive to reduce In 1992, Business Week estimates In our subcommittee a resolution their illegitimacy rates. Increase their legal immigrants work and earn at that was brought up to say that if a block grant if they are successful. least $240 billion a year and they pay person cannot find a job when the time I am happy that such a proposal was over $90 billion in taxes. expires, will they be able to continue in our reform bill. It was twice vetoed Legal immigrants are a net benefit to to have benefits, and the Republican by the President, but it is in the cur- the economy. A new Urban Institute Members of the committee all voted rent bill. Starting in 1988, this bill in- study: For every increase of 100 people no, throw the children out. creases a State’s grants by 5 percent in the native population, employment So because we are not addressing the for lowering the illegitimacy rate by 1 grew by 26 jobs; and for every increase root causes, the lack of adequate jobs, percent, and 10 percent for lowering the of 100 in the immigrant population, em- the underlying conditions of the prob- illegitimacy rate by 2 percent below ployment grew by 46 jobs. lem will continue to exist. An experi- the 1995 level. Research shows that immigrants ac- ment conducted in my home State of This legislation is needed. We need to tually complement native workers New Jersey and also in Illinois found give States the incentives to address rather than substitute for native work- that 80 percent of welfare recipients the illegitimacy problem. It is a two- ers. who found jobs were able to break the person problem. It is not a problem If no Mexican immigration had oc- cycle of poverty. It was very simple. with the young women. That is why in curred between 1970 and 1980, 53,000 pro- They were able to work their way out. this bill there are strong provisions to duction jobs, 12,000 high-paying non- Yet, only 2 percent of those that had to make the young fathers responsible production jobs, and 25,000 jobs in re- depend on the system were able to economically for their children. We lated industries would have been lost. break the cycle of poverty. The answer need to pass this bill. Again, this is the respected, bipartisan is jobs. Ms. ROYBAL-ALLARD. Madam Urban Institute. We had 100 jobs available in the city Chairman, I yield 5 minutes to the gen- Last, welfare among legal immi- of Newark. Fourteen hundred people tleman from New Mexico [Mr. RICHARD- grants is low. Among nonrefugee immi- started to get in line at 6 a.m. for those SON]. grants of working age who entered dur- 100 jobs. It was not even 100. They said (Mr. RICHARDSON asked and was ing the 1980’s, 2 percent report welfare possibly up to 100, but maybe 50. Four- given permission to revise and extend incomes versus 3.7 percent of working teen hundred people went and waited his remarks.) age natives. for hours and hours to apply for the Mr. RICHARDSON. Madam Chair- Nonrefugee immigrants of working jobs. So the answer is certainly there. man, I would hope that we stop person- age are less prone to welfare use than Remember, there are 9 million children alizing and politicizing this bill. All I natives according to a CATO study. who receive welfare, which is about 65 seem to hear is Democrats, Repub- Madam Chairman, all of us here want percent of the welfare rolls. Today licans, do this. I want to talk to Mem- welfare reform. It is not true that there are over 14 million children liv- bers about people. I want to talk to these gentleman on this side and oth- ing in poverty. One out of five children Members about legal immigrants, men ers on that side have not voted for wel- go hungry every day. Let us defeat and women who are here legally, pay fare reform. That is the number one H.R. 3734. their taxes, serve in the military, but issue among our constituents. What we Mr. ROBERTS. Madam Chairman, it are taking the biggest hit in all of the are doing now is targeting illegal and is a pleasure to yield 2 minutes to the bills we are debating today. legal immigrants indiscriminately. gentleman from Iowa [Mr. GANSKE], a The bill that is the centerpiece of the What we are doing is turning the clock gentleman whose testimony before the majority retains very harsh and un- back to a darker time when people in Committee on Ways and Means helped compromising language. While we all America, but only certain people in July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7751 America, lived and worked under the the safety net, it was the guarantee the current welfare system compas- shadow of second-class status. There is that all children, no matter where they sionate? The answers to all of these no justification for targeting immi- lived, whatever region of this country questions are an obvious no, the cur- grants who do not abuse the welfare they came from, whatever their ethnic rent welfare system is not compas- system, who work hard, who play by background, that they would have the sionate and it does destroy families. the rules, who pay taxes, and who serve assurance of a Federal program which What effect has our welfare system in the military at America’s calling. allowed them the eligibility to partici- has on out-of-wedlock births? What ef- Most immigrants are long-term resi- pate. No political situation, no situa- fect has it had on crime rates? What ef- dents who have lived in this country tion on a local level, no Governor, no fect has it had on the work ethic in and have paid taxes for 10 years or State could alter that eligibility which America? Our bill gets people off wel- more. Immigrants do not come to this the Federal Government assured that fare and into work. That is true com- country to take advantage of our wel- child. passion. fare system. What we are debating here is a de- Our bill does stop noncitizens from So, Madam Chairman, here we face a struction of that very basic guarantee. receiving welfare benefits. I am sorry. I number of welfare reform bills, sub- If we destroy that guarantee, it will be believe that welfare benefits should stitutes. Let me say that legal immi- 100 years from now before it ever can only be reserved for citizens of the grants take a hit in all bills. So as a be restored. It was the genius of this United States. It is currently law in Hispanic American whose mother is country, as in the words of the chair of the United States that if you are a non- Mexican and as many in this body that the Committee on the Budget, to un- citizen that comes here and you go on have an ethnic background that is not derstand that it was a sin not to pro- the Government dole, that is grounds a pure American, I do not think there vide for those less fortunate in our so- for deportation, has been the law, at is one native American in this body— ciety that gave birth to this program. least during this century. That is there is in the Senate—what we have What is honored was the mothers of grounds for deportation here. We are and what we are doing is wrong, it this country that found themselves an opportunity society. We want to at- should be rejected, and we should stand without the necessary means to raise tract people from around the world to behind the best traditions of this coun- their children, and this country rose up come here to better their own lives and try. to the responsibility and provided an to better this country at the same Mr. ROBERTS. Madam Chairman, I entitlement program which said ‘‘Chil- time. My mom when my parents were di- yield 1 minute to the distinguished dren everywhere in America, you will vorced when I was about 3 years of age gentleman from Nebraska [Mr. have this assurance,’’ and we are about would have made more money going on BARRETT], chairman of the Subcommit- to break that guarantee by destroying welfare because she had no child sup- tee on General Farm Commodities of that entitlement and putting the port. She had three kids to raise. But I the Committee on Agriculture. money simply into the State coffers saw my mom each and every single day Mr. BARRETT of Nebraska. I thank without that guarantee. It is the de- get up and go to work, and that taught the chairman for yielding this time. struction of that entitlement that me a work ethic that we are robbing Madam Chairman, despite having in- troubles me the most. from welfare families today. The chil- vested more than $1 trillion, the Fed- We started on this debate with an ef- dren of welfare families are losing that. eral Government’s 30-year war on pov- fort to try to reform welfare. Every That is not compassion. We want to be erty has instead created a war of pov- single Democrat joined in that when an opportunity society that takes peo- erty. Along with giving States and we voted for the Deal bill. No one ple and provides them opportunities. communities more flexibility in de- should leave this floor with a belief Our bill provides money for child signing welfare programs, H.R. 3734 that Democrats are not interested in care, $2 billion more than the Presi- will provide welfare recipients with a improving the welfare system, because dent, and also transitional health care better coordinated system of child we all voted for it. But now we see a for children in the time that these wel- care. The bill will provide $4.5 billion bill coming from the majority which fare moms and welfare families are get- more for child care than is currently takes about 50 percent of the cuts in ting off of welfare and into work. available and it will consolidate 7 sepa- this program from the hides of nonciti- Ms. ROYBAL-ALLARD. Madam rate programs that have often left zens of the United States. Is that fair? Chairman, I yield the balance of my child care providers, and families, con- The Chairman of the Committee on time to the gentleman from California fused and without assistance. the Budget also said that this is a vic- [Mr. BECERRA] The bill is tough on getting welfare tory for everyone in America. It is not The CHAIRMAN. The gentleman recipients back to work but without a victory for the children that will be from California is recognized for 5 min- these improvements in child care as- left out of this program, and it is cer- utes. sistance, welfare families may not be tainly not a victory for legal residents Mr. BECERRA. Madam Chairman, I able to afford work and pay for child of this country who came to America thank the gentlewoman from Califor- care at the same time. with the promise of liberty and equal nia for yielding me this time. Madam Chairman, while the bill pro- treatment, and they are going to find Madam Chairman, let me begin by vides more funds for child care, it will themselves now without the protec- first thanking many of my colleagues make other needed reforms that should tions if they become disabled, without and the folks within my own leadership save $53 billion by 2002. I would encour- the protections if they should become in the Democratic caucus of the House age the House to support the bill and impoverished, as every other Amer- for the time and effort that has been help end a way of poverty that has per- ican. That is what is wrong. This is not spent with many of us who have had meated our Nation’s welfare system for welfare reform. It is destruction of the concerns about welfare and meaningful more than 30 years. basic guarantees of our democracy. reform of welfare. I want to thank Ms. ROYBAL-ALLARD. Madam Mr. ROBERTS. Madam Chairman, I those who took the time to hear us out. Chairman, I yield 3 minutes to the gen- yield 2 minutes to the gentleman from Unlike some of the folks on the other tlewoman from Hawaii [Mrs. MINK]. Nevada [Mr. ENSIGN], a valued member side of the aisle, there has been a great Mrs. MINK of Hawaii. Madam Chair- of the Committee on Ways and Means. deal of effort on the part of our leader- man, I thank my colleague from Cali- Mr. ENSIGN. Madam Chairman, we ship and many of the members of our fornia for yielding me this time. have to ask ourselves a few questions caucus, from both sides of the spec- Madam Chairman, it grieves me to be here. First of all, does the current wel- trum, to try to address issues of grave here this evening to see the end of a pe- fare system help children as the last concern to us all. riod of almost 60 years in which this speaker talked about? She talked As President Clinton has said, the country’s beliefs in its responsibility to about a safety net. Is the current wel- current welfare system is broken and the poor is going to be shattered. I fare system a safety net or has it be- must be replaced. This is true for the speak of that element in our Aid to De- come a spider web that just absolutely sake of the people who are trapped by pendent Children’s program which is grabs onto people and creates a depend- it as well as for the taxpayers who pay referred to as the entitlement. It was ency cycle that destroys families? Is for it. H7752 CONGRESSIONAL RECORD — HOUSE July 17, 1996 But when we began to consider re- years, 10 years, 15 years and now all of the principles that really guided our forming welfare, discussions centered a sudden you have been hit by a car reform. The bill being debated today on providing sufficient child care to en- and you need some assistance with the simply reflects those principles. able recipients to leave welfare for medical bills because you cannot pay First, keep the Food Stamp Program, work, on rewarding States for placing them all yourself, sorry. You happen to that was a tough fight, as a safety sun- people in jobs, on restoring the guaran- not yet have become a citizen, even set so that food can be provided as a tee of health coverage for poor fami- though you have worked here for quite basic need while States are undergoing lies, on requiring States to maintain some time and paid taxes, and that hid- the transition to State-designated wel- their stake in moving people from wel- den tax will cost those individuals fare programs. fare to work, and on protecting States about $2,000 per person, and if you ex- Second, second principle, to har- and families in the event of economic clude children, it is a much heavier hit monize welfare and the Food Stamp recession and population growth. But for the adults. Program for families receiving benefits this House bill has failed miserably in More than 200 years ago we had some from both programs, not on a separate achieving these goals. folks toss some tea over a harbor be- track. We streamlined that. Instead, it relies on catchy slogans cause of the issue of taxation without Third, take the Food Stamp Program and soundbites of setting time limits representation, yet we see it being off of automatic pilot. Started out 12 so you are off if you do not make it, if done here today but in a very con- years ago at about $12 billion, went up you do not cut it. We block grant in cealed way. to $27 billion and was ever increasing. Fourth, able-bodied participants, this bill, give you a lump sum of money Finally, let me close by saying the able-bodied participants without de- which looks good but never is enough following things: For some reason this pendents must work in private sector to cover your needs in the States. And Congress this session has decided it wants to hit my family in virtually ev- jobs. we talk about, as we have heard some Lastly, tighten controls on waste and of the Members on the other side of the erything I have to come up here to dis- cuss, and in committee as well. It abuse. Out of the $27 billion in the aisle say, the noncitizen alien, and Food Stamp Program, estimated by the they use as graphic a term as they can seems that I am having to defend my parents or my relatives. My parents new Inspector General at the Depart- to try to describe these human beings ment of Agriculture, anywhere from $3 who are in this country, one, legally; who migrated to Sacramento, CA, would face many of the situations that billion to $5 billion is now going to are in this country, two, paying taxes; fraud and abuse. So we are tightening are in this country, three, willing and are in this bill that would deny them services, even though my parents have those controls, and we curb the traf- ready and obligated to serve in time of worked hard in this country for dec- ficking with increased penalties. war, as many have, and are prepared to ades. I am not sure why I have to con- Now that is real reform. It is essen- die, as many have, for this country stantly try to explain to my father tially the same bill that was approved even though they have yet not become that the Congress of the United States by the House on December 21, last U.S. citizens. and this noble country is out to get year, by a vote of 245 to 178. One sig- The effect of this bill, well, it is weak them. They are fortunately now citi- nificant exception, the food stamp on work. They force people off of wel- zens, so they will not be impacted. But funding cap is eliminated. fare, but they do not help them get isn’t it ironic just because they happen Now, that cap was eliminated as a into work. It will shove more children to have that day been able to become concession to and at the request of the into poverty, and we know that from citizens things have changed? National Governors’ Association, the many of the studies, and everyone It is a hidden tax. It is an unfair tax Clinton administration, and the Sec- across the board says that. and that must change. We need mean- retary of Agriculture. We sat down and Let me focus finally for the rest of ingful reform. Let’s change welfare as we worked with all of these folks. Food my time on this one last issue: The we know it, as the President said, but stamp reforms still include measures hidden tax that you do not hear many let us do it in a way that includes all to control the cost of the Food Stamp people talk about. There is a tax in Americans. Program, however. this bill. Let us go ahead and disclose Mr. ROBERTS. Madam Chairman, I The bill represents sound policy. The it now. yield myself such time as I may program is retained as a Federal safety b 1945 consume. net. States are allowed to harmonize Madam Chairman, I think it is obvi- their AFDC and Food Stamp programs. Thirty billion dollars of the so-called ous that we all know that welfare re- As I indicated, the food stamps are savings that amount to $60 billion form is a front-burner topic, not only taken off of automatic pilot, except for comes from a particular population of on this floor in this town, but certainly the annual food benefit increases; able- people, not because they are lazy and all throughout the Nation, and the bodied persons without dependents do not work, not because they have American people want change. must work; and there are increased come into this country without docu- I think the House of Representatives penalties for trafficking and fraud. ments. These are folks who happen to has responded to the American public. It is a good package. Through the re- be immigrants; they haven’t yet I believe that real welfare reform is forms in this bill, the committee will reached the stage of becoming citizens. represented in the bill that is being meet its target under the 1997 budget But this population of legal residents considered today. This bill represents resolution. But, first and foremost, we in this country who are entitled to be real change. reform the program. here because this country has granted I want to congratulate the members Last April, the Clinton administra- them permission has now been told you on the Committee on Agriculture and tion submitted its welfare reform bill. are going to pay a tax of about $2,000 all Members who have worked so dili- There are many similarities between per person, about $30 billion is being gently on reforming the Food Stamp the two bills, since we adopted many of extracted from the hides of people who Program. That is the part of welfare the USDA proposals and they in turn are entitled to be here, who are work- reform for which the Committee on Ag- adopted many of ours. A review indi- ing and paying taxes. riculture is responsible. The very first cates that 55 percent of the provisions Why? Well, they do not vote. They do hearing held by me and my Republican are identical; 72 percent are either not have a say in this place and majority in the committee was on en- identical or very similar—72 percent in chances are they are not going to con- forcement in the Food Stamp Program, agreement with the USDA and the tribute money to the coffers, campaign and following that hearing, the chair- Clinton administration. We worked coffers of people who are hitting them. man of the subcommittee, our late and hard to do that. So there is no stake here or negative beloved colleague, Mr. Bill Emerson, There are some differences. We take stake here in going after the legal im- held four hearings on the Food Stamp the Food Stamp Program off of auto- migrant. Program. Bill was an expert in regard matic pilot for all but annual food in- So what we see is that these individ- to the Food Stamp Program. creases. If needed, we can come back uals are being told, and their children From the testimony received in these in; we can appropriate the funds, and are being told, no, you have worked 5 hearings, the committee formulated the administration bill does not. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7753 We have a strong work requirement. people between 18 and 50 who have no This represents good food stamp pol- We expect able-bodies persons, no de- one relying upon them to work at least icy and reform. I hope all Members will pendents, between the ages of 18 and 50 half the time if they want to continue agree with me and support this bill. to work or be in a training program to receive the food stamps. Madam Chairman, I reserve the bal- after 4 months of food stamp benefits. It is essential to begin to restore in- ance of my time. The administration’s work require- tegrity to the program. Incidences of Mr. SABO. Madam Chairman, how ment, as far as I am concerned, is very fraud and abuse and losses are steadily much time remains on both sides? weak. We allow States to operate work increasing. The public has lost con- The CHAIRMAN. The gentleman supplementation programs and the ad- fidence in the program. There are fre- from Minnesota [Mr. SABO] has 30 min- ministration does not. quent reports in the press and on na- utes remaining, and the gentleman This program now provides benefits tional television in regard to abuse. We from Kansas [Mr. ROBERTS] has 21⁄4 to an average of 27 million people each held the hearing in the House Commit- minutes remaining. month at an annual cost of more than tee on Agriculture. The Inspector Gen- Mr. SABO. Madam Chairman, I yield $26 billion. Everybody should agree eral of the Department, the new In- myself 1 minute and 30 seconds. that for the most part these benefits go spector General, Roger Viadero, came Madam Chairman, as a State legisla- to families in need of help and are used down from the Department, showed on tor in the 1970’s, I regularly came to to buy food. There is no question in my television the massive fraud in many Washington to participate in meetings mind that the Food Stamp Program food centers that were not food cen- on welfare reform. It is something we helps poor people and those who have ters, they were trafficking centers for have understood that needed to be done temporary fallen on hard times. How- organized crime. for many, many years, but there is a Abuse of the program usually occurs ever, there is also no question in my right way to do it and there is a wrong in three ways: Fraudulent receipt of mind that the program is in need of way to do it. Unfortunately, the major- benefits by recipients; street traffick- real reform. ity Republican plan is one that does it ing in food stamps by recipients; and As I have indicated, this bill reflects trafficking offenses made by retail and the wrong way. It is weak on work and the principle that the Food Stamp Pro- wholesale grocers. We double the dis- it punishes children. gram should remain a Federal pro- qualification periods for food stamp Tomorrow we will have an oppor- gram. States will be undergoing a tran- participants who intentionally defraud tunity to vote for a better alternative. sition to State-designed welfare pro- the program. First offense, the period The Castle-Tanner substitute, a genu- grams. During this period, this Food is changed to 1 year. Second offense, ine effort by some Democrats to work Stamp Program will remain as a safety the disqualification period is changed with some Members of the Republican net and be able to provide food as a to 2 years. And then if you are con- side to develop a truly bipartisan plan. basic need. The program will remain at victed of trafficking food stamps with It is a plan that is fairer to children, the Federal level and equal access to a value over $500, adios, you are perma- tougher in requiring people to go to food for every American in need is still nently disqualified. work, understands the diversity of this ensured. As I have indicated, the trafficking country, requires States to maintain Now, I mentioned we had taken the by unethical wholesale and retail food their efforts, rather than allowing the program off of automatic pilot except stores is a serious problem, had it on States to pull billions of dollars out of for the annual increases. The food tape, national television, sickened the the program, as the Republican plan stamp deductions are kept at the cur- American public, not fair to the recipi- does. rent levels instead of being adjusted ent, not fair to the taxpayer. Also, ben- Madam Chairman, this country automatically. Food stamp benefits efits Congress appropriates for needy would be well-served if tomorrow a ma- will increase to reflect the increases in families are going to others who are jority of this House in a bipartisan the cost of food. Food stamp spending making money from the program. fashion would vote for the bipartisan will no longer grow out of control. Out Therefore, the bill limits the author- substitute amendment that is going to of control: 1984, $12.4 billion, 232.4 mil- ization period for stores and provides be offered. lion people participating; 1996, $26.4 bil- the Secretary of Agriculture with b 2000 lion, 27.5. Under this bill, 1997, $26 bil- other means to ensure that only those lion; by the year 2002, $30.4 billion. It stores abiding by the rules are author- Mr. SABO. Madam Chairman, I ask increases, does not decrease. ized to accept food stamps. It is amaz- unanimous consent that I be allowed to It is a transition, but we stop that ing that that was not changed before. yield the remainder of my time to the annual growth increase. If the economy Finally, the bill includes a provision gentleman from Texas, Mr. STENHOLM, goes down, food stamps went up. If the that all property used to traffic in food and that Mr. STENHOLM have authority economy went up, food stamp spending stamps and the proceeds traceable to to yield to other Members. went up and the participants went up. any property used to traffic in food The SPEAKER pro tempore (Ms. The food stamp deductions, as I have stamps will be subject to criminal for- GREENE of Utah). Is there objection to indicated, are kept at the current lev- feiture. They have to give it up. the request of the gentleman from els, and as I have indicated, the spend- This bill and the Committee on Agri- Texas? ing will certainly no longer grow out of culture’s contribution to the bill, I There was no objection. control. Oversight from the Committee think, represents good policy. We have Mr. STENHOLM. Madam Chairman, I on Agriculture is essential so that kept the Food Stamp Program as a yield myself such time as I may when reforms are needed, why, the safety net for families in need of food. consume. committee will act. We have taken the program off of auto- Madam Chairman, it has been stated I want to talk about the strong work matic pilot. We save $23 billion. Con- numerous times already tonight that program. Again, able-bodied persons gress is back in control of spending on the House now has a historic oppor- between the ages of 18 and 50 years, no food stamps. States are provided with tunity to move toward enactment of dependents, will be able to receive food an option to harmonize food stamps meaningful welfare reform legislation, stamps for 4 months. Eligibility will with their new AFDC programs. We discouraging the cycle of dependency cease at the end of this period if they take steps to restore integrity to the and moving welfare recipients into are not working at least 20 hours per Food Stamp Program by giving law en- work. I could not agree more. But I be- week in a regular job. The rule will not forcement and the Department addi- lieve the legislation I am supporting is apply to those who are in training pro- tional means to curtail fraud and the best way for the House to realize grams such as approved by a Governor abuse. We encourage and facilitate the that opportunity. of a State. EBT programs. We begin a strong work There is a bipartisan welfare reform A State may request a waiver of program, again, so that able-bodied alternative that can be supported by a these rules if the unemployment rates people, no dependents, between the strong majority of members on both are high or there is a lack of jobs in the ages of 18 and 50 years can receive food sides of the aisle and can be signed into area. Please remember that. We are not stamps for a limited amount of time law. That’s how historic opportunities heartless. We just expect able-bodied without working. are realized. H7754 CONGRESSIONAL RECORD — HOUSE July 17, 1996 My objections to the Majority bill in the bill, and $800 million short of the Is it compassionate for generation come down to two simple concerns: I costs of providing child care assistance after generation to be trapped in de- believe their proposal is weak on work to individuals required to work. The pendency and despair? and tough on kids. In my book, that’s CBO report accompanying the Repub- The answer is: No. Compassion is not a bad equation that is fixed by the Cas- lican bill states: measured by dollar signs. For thirty tle-Tanner substitute. CBO * * * concludes that most states years, we have poured trillions of dol- This substitute achieves $53 billion in would fail to meet these [work] requirements lars into a system that does not work. savings in welfare programs as required * * * most states would simply accept the It destroys families: devastates women; by the Majority-approved budget, while penalties rather than implement the require- and crushes the hopes and dreams of protecting children and providing ments. children. There is nothing compas- States with the resources that CBO That is CBO. The same CBO we talk sionate about our current welfare sys- says they need to put welfare recipi- about day in and days out that we need tem. ents to work. to pay attention to. The Castle-Tanner The bill we are considering today re- Let me repeat. CBO says they need. substitute ensures that states would be places Washington bureaucrats with How many times have we in this body able to meet the work requirements in caring social workers at the State and heard unfunded Federal mandates. I the bill by providing $3 billion in addi- local level. It gives States flexibility to would ask my friends on the other side tional mandatory funds that states can develop their own solutions for helping of the aisle to take a good hard look at access in order to meet the costs of the needy. It provides child care for their language because CBO says it moving welfare recipients to work. In welfare mothers who want to work. It falls short regarding the very States addition, Castle-Tanner adopts the rec- rewards work while retaining a safety we are attempting to work with. In ommendations of the National Gov- net for those who fall on hard times, fact, the Castle-Tanner substitute is ernors Association regarding state and it provides for comprehensive child the only proposal that has real work flexibility in meeting work require- support enforcement. requirements that the Congressional ments. I strongly encourage my colleagues Budget Office says States will be able Rhetoric about tough work require- to support this measure, because I be- to implement to move welfare recipi- ments is either an empty promise or lieve it will save lives, restore hope, ents to work. the greatest unfunded mandate Con- and help those who want to experience Madam Chairman, over the last two gress ever imposed if it is not backed the American dream. years, I have solicited the views of wel- up with funding for states and local Mr. ROBERTS. Madam Chairman, I fare providers, recipients, and local governments to meet the work require- yield the remainder of my time to the citizens in my district on what Con- ments. Welfare reform will fail to meet gentlewoman from Kansas [Mrs. MEY- gress should do to allow local commu- the goal of ending the cycle of depend- ERS], the distinguished chairman of the nities to implement effective welfare ency and moving welfare recipients to Committee on Small Business, the reform. The citizens in my district ex- work if states do not have sufficient re- original author of welfare reform, and I pressed a very strong desire for local sources to operate work programs. As ask unanimous consent that she be au- flexibility and adequate funding to de- the CBO report makes abundantly thorized to yield additional time to sign a workable welfare delivery sys- clear, the work requirements in H.R. other Members. tem that would more efficiently and ef- 3734 are illusory because states will not Mr. CHAIRMAN. Is there objection to fectively move welfare recipients from be able to implement them. If you sup- the request of the gentleman from Kan- welfare to work. port breaking the cycle of dependency sas? I am proud of the work performed by and actually moving welfare recipients There was no objection. my constituents. They invested their into work instead of just talking about Mr. STENHOLM. Madam Chairman, I time and energy, they engaged in dia- it, vote for the Castle-Tanner sub- yield 2 minutes to the gentleman from logue with individuals of a different stitute. Virginia [Mr. PAYNE]. perspective, they developed common The Castle-Tanner substitute proves Mr. PAYNE of Virginia. Madam goals, and they promoted concrete sug- that it is possible to dramatically re- Chairman, I thank my colleague from gestions for improvements. They did form the welfare system in this coun- Texas for yielding me this time. the work I asked of them and now it’s try without harming children, while Madam Chairman, Republicans and my turn to do my part here in Wash- still achieving substantial budgetary Democrats all agree that the current ington. That is precisely how I ended savings. welfare system does not work. Instead up one of the strongest supporters of As we said, we do have an historic op- of requiring work, it punishes those the Castle-Tanner substitute. It is the portunity to reform our failed welfare who go to work; instead of instilling only welfare reform alternative that system. We cannot afford to waste this personal responsibility, it encourages provides local communities with the opportunity. The House can take a tre- dependence on the Government; and in- support they need to move welfare re- mendous step toward ending the politi- stead of encouraging marriage and cipients to work. cal gridlock and finding a bipartisan family stability, it penalizes two-par- The welfare reform bill proposed by solution to the problems of our welfare ent families and rewards teenage preg- the majority falls well short of giving system by passing the Castle-Tanner nancies. We all agree that welfare must state and local governments that flexi- bill tomorrow. I urge my colleagues to be dramatically reformed, and that bility or the resources they need to im- vote for the bipartisan Castle-Tanner welfare should only offer transitional plement welfare reform proposals. The substitute. assistance leading to work, not a way National Governors Association adopt- Madam Chairman, I reserve the bal- of life. Real welfare reform must be ed a resolution yesterday expressing ance of my time. about replacing a welfare check with a ‘‘concerns about restrictions on states Mr. ROBERTS. Madam Chairman, I paycheck. Tomorrow we will have two flexibility and unfunded costs’’ in the yield 1 minute to the gentlewoman choices before us, the Republican wel- work requirements of H.R. 3734.’’ That from Florida [Mrs. FOWLER]. fare bill, and the Castle-Tanner bipar- is the Governors’ Association. The Re- (Mrs. FOWLER asked and was given tisan substitute. The bipartisan bill is publican bill rejects the NGA rec- permission to revise and extend her re- the bill that will ensure that welfare ommendations for state flexibility in marks.) reform really works. developing work programs appropriate Mrs. FOWLER. Madam Chairman, I The bipartisan bill gets people into for local communities and does not have a few questions for the defenders the workforce as quickly as possible, provide any additional funds for states of the present welfare system. while providing money for work re- to meet the increased work require- Is there compassion in a system run quirements to be effective. It includes ments. by Washington bureaucrats? the provisions that are necessary to CBO has estimated that the Repub- Is there compassion in a system that make transition to work a reality and lican bill would fall $12.9 billion short encourages illegitimacy and under- not just rhetoric. The Castle-Tanner of the funding for work programs nec- mines traditional values like work and bipartisan bill provides $3 billion in essary to meet the work requirements family? supplemental funds for states to meet July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7755 the costs of work programs for welfare I am pleased that in this bill reduc- rently pay the same full subsidy to buy recipients. This is money in the bank, ing out-of-wedlock births is recognized lunches and breakfasts for children of not just an authorization backed by a as an important and essential part of millionaires as we do for the children hope that someday we might actually reducing welfare dependence. I am of the poorest families. This is long find this money. pleased that the Subcommittee on Pro- overdue reform that is included in this The bipartisan bill requires individ- curement, Exports, and Business Op- legislation. ual responsibility, by requiring welfare portunities has helped to craft the very Madam Chairman, no issue is more recipients to sign a contract with their strong work requirements in this bill, important for us to address than is wel- State which outlines the individual’s and I hope that we do not hear any fare reform. That is why we are deter- responsibility to move to private sec- claim in this debate that this bill is mined to give the American people wel- tor employment. weak on work. Any such claim is sim- fare reform despite President Clinton’s The Castle-Tanner bill requires com- ply untrue. vetoes of our earlier bills. He has no munity responsibility as well, by re- The bill calls for more people in work more excuses to oppose welfare reform. quiring the States to certify that local than any other proposal that has been I urge my colleagues to support this governments have been involved in de- offered this year, including the Presi- legislation, and I urge the President to veloping the State plan, and that no dent’s, and under this bill the emphasis sign welfare reform so that we can at unfunded mandates to local govern- is on real work. It is clear from experi- long last begin to fill a well-inten- ment will result from its implementa- ence and studies that the best way to tioned but too often destructive sys- tion. move from dependence to independence tem. The Castle-Tanner bipartisan bill through work is to get work experi- Madam Chairman, I reserve the bal- provides real welfare reform that real- ence, a real job, and that is the empha- ance of my time. ly works. I urge my colleagues to sup- sis of this bill. Mr. STENHOLM. Madam Chairman, I port it tomorrow. I am also pleased that the Sub- yield 3 minutes to the gentleman from Mrs. MEYERS of Kansas. Madam committee on Procurement, Exports, Maryland [Mr. WYNN]. Chairman, I yield myself such time as and Business Opportunities portion of Mr. WYNN. Madam Chairman, I I may consume. the bill makes major critical reforms thank the gentleman from Texas for Madam Chairman, I rise in strong in Federal support for child care. We yielding me the time. support of this legislation to reform address the current maze of child care I agree, the current welfare system welfare. Let me talk for a minute programs. We have multiple child care does not work. It should be changed. As about what this bill is based on and programs and each one has its own eli- a result of the current welfare system, why I think it takes us in the right di- gibility rules. Under this bill there its recipients have lost self-respect. We rection to achieve really meaningful would be a single child care program so have a created a system of dependency welfare reform. that our expenditures for child care and put welfare recipients outside the First of all, we need to admit that can be an important help rather than mainstream of American society. If all Washington does not have all the an- an obstacle to independence from wel- we were talking about was putting swers. We have tried that. During most fare. able-bodies people to work and solving of the 30 years the answer to every We increase the amount of money for food stamp fraud, we would not have problem and the meaning of every re- child care. That is the second false much of a debate. form by Congress was to create another claim I hope we do not hear in this de- The fact is today that the Republican Federal program and today we have lit- bate, that the bill is short on child bill is seriously flawed. It lacks com- erally hundreds of Federal programs care. We have $4.5 billion more than passion. It hurts children. And it re- intended to help people of limited in- the current law and almost $2 billion flects a continued pattern of extre- comes with separate regulations, sepa- more in guaranteed money for child mism. rate applications, separate eligibility care than does the President’s plan. Let us talk about the children. Chil- dren are going to be harmed by this bill rules, and separate reporting. b In this bill we return power and flexi- 2015 because it makes no provision for the bility to the States to create welfare So I hope we do not hear any claims reality that, when benefits run out or systems that work best in their States. from the other side that the bill is their parents are put out of the pro- What works best in Kansas will not be short on child care. Let me talk about gram, these children still have to eat. identical to what works best in New two other parts of the bill that were re- There are no vouchers. I am here today York. This bill recognizes that. At the ported by the Committee on Economic to support the Tanner-Castle alter- same time as we give States flexibility, and Educational Opportunities. One is native because I believe it does contain we hold them accountable in the two the child protection block grant. Child compassion in that it provides for most important areas for reducing wel- abuse is a terrible problem in this these circumstances by requiring fare dependency, increasing work and country. Despite the fact that there States to offer vouchers when benefits reducing out-of-wedlock births. have been a lot of programs set up at run out so that children are not Let me just say that some people the Federal level, our efforts at pre- harmed. have tried to claim that our emphasis venting child abuse have not been very Let me be blunt. I do not believe we on reducing out-of-wedlock births puts effective in large part because it is should target legal immigrants, but I the blame only on the mothers. That is made up of numerous small disparate am pressed with the Tanner-Castle bill, not true. single-purpose grant programs. The bill Tanner-Castle amendment, excuse me, This bill has very strong paternity consolidates six of those programs into because it addresses the concerns of establishment and child support en- a block grant with increased funding. immigrant children. Under the Repub- forcement provisions, provisions that In addition, instead of keeping most lican plan, 300,000 immigrant children are long overdue. Fathers must and of the money in Washington, the bill will be hurt. They will starve because will be held accountable. But it is also sends most of the money to the States, they will be denied food assistance. true that we must stop sending con- which, of course, are the ones who ac- This problem is corrected under the flicting signals. tually deal with the problems of bro- Tanner-Castle alternative. Those chil- I have met in my district with young ken families and broken homes. dren will be able to get food assistance women on welfare. We are not serving Finally, let me address the child nu- under that program. Disabled immi- these young women well. We say that trition area. We make no changes in re- grant children will also be able to get they should stay in school and not have imbursements for school lunches or assistance under the Tanner-Castle a child until they are married and have breakfasts. Our bill saves money in the substitute. a degree. Then we turn around and child nutrition area, primarily by Also under the Republican plan, 1.2 offer them money if they do exactly means testing the family day care food million women and children will lose the opposite. We all know which part of program. This is currently the only Medicaid coverage as they transition that message a lot of young women child nutrition program which is not from welfare to work. This problem is hear. income tested, meaning that we cur- also corrected by the Tanner-Castle H7756 CONGRESSIONAL RECORD — HOUSE July 17, 1996 proposal, which extends Medicaid bene- pimps and drug dealers. What chance, the responsibility of parents to care fits during this transition period. what opportunity, what portion or even and provide for their children, and nur- The Republican plan is flawed on a the pursuit of happiness do those chil- turing the hope of a better life in their second count. It provides inadequate dren have? next to none. communities, both for their children work programs. There is no support for The pregnancy rate, I rode on an air- and their parents. work, only a lot of rhetoric. The CBO, plane with an African-American. And That is why I believe Castle-Tanner their favorite source, says that the bill he told me, he said, ‘‘DUKE, our neigh- is much preferred over H.R. 3734. Cas- is $12 billion short of what is needed for borhoods used to be proud neighbor- tle-Tanner gives us real reform and it work requirements. This creates a hoods. We had industry next to us. The also gives compassion. large unfunded mandate, something people had jobs. They took pride in For example, Castle-Tanner provides they also say they abhor because those neighborhoods, whether it was real protection for children. States will have to bear the burden. Harlem, whether it was Chicago, If a family that has been on welfare Tanner-Castle again responds to this whether it was any of our major great for less than 5 years is removed by the concern by being the only bill that pro- cities.’’ The welfare system, people State, Castle-Tanner requires that the vides additional funds to States so that started not working. Then what you State provide vouchers for the needs of they can implement work require- had was a follow-on of generation and the children of that family. ments. That is why we say the Repub- generation, where the person did not And, if a family that has been on wel- licans are weak on work. work and did not take the responsibil- fare for more than 5 years is removed The Republicans also are inadequate ity. by the State, Castle-Tanner gives that in child care. Again CBO says they are Pretty soon the businesses started State the option of also providing $800 million short of the child care as- moving out of those communities. So I vouchers for the needs of the children sistance necessary to provide for real think the biggest welfare reform is re- of that family. Castle-Tanner protects children. establishing, like Jack Kemp, one idea transition to work. If a family loses Medicaid coverage The problem is they are not serious of the enterprise zones to bring the because of a time limit, Castle-Tanner about putting people to work. The Tan- businesses back into the inner cities so makes provision for continued Medic- ner-Castle substitute on the alter- that we can have those jobs for people aid coverage. native provides sufficient child care as- to work. We can work on that together. And, while I believe the immigration sistance, an additional $2 billion for The substitute, there is no reason why provisions of Castle-Tanner need to be child care assistance to ensure that we cannot come together. I think we strengthened, I am encouraged that people who want to go to work and have a good bill. But education is an- Castle-Tanner exempts immigrant chil- have children can do so. other one. dren from food stamp and SSI bans and CBO concludes that under the Repub- Let me tell my colleagues in Califor- provides food assistance to thousands lican bill, rather, States would fail to nia how welfare and education and a of immigrant children who would oth- meet their work requirements. lot of different things have been hin- erwise be denied under H.R. 3734. Reject false welfare reform. Adopt a dered. I have almost 800,000 illegals, K In addition, Castle-Tanner makes realistic and sound alternative. through 12; 800,000. Take just 400,000, clear that States must allow for ap- Mrs. MEYERS of Kansas. Madam half of that. At $5,000 a child, that is $2 peals, with full due process protections, Chairman, I yield 4 minutes to the gen- billion a year. Take 7 years. What we when individuals are denied welfare as- tleman from California [Mr. could not do with our school systems. I sistance. CUNNINGHAM]. truly believe that education has a vital And, the Secretary of Health and Mr. CUNNINGHAM. Madam Chair- role in keeping people off of welfare. If Human Services is given the power to man, many have spoken about the de- you do not believe that, I think you are enforce the appeal protections. struction of the welfare system. I think on the wrong tree. Castle-Tanner also protects children Republicans and Democrats alike can Over half of the children born in Los who are exposed by block grant funding view this as not destruction but the re- Angeles are to illegals. Take the when there is an economic downturn. birth of a failed system. Ninety percent School Lunch Program that you fight This is done with the establishment of of the American people believe that the for. My priority is the American citi- an uncapped contingency fund that current system has failed, and we need zen and the American children. The States can use when there is a national to work on it. School Lunch Program at half the or a severe regional recession. Republicans do not have a key on the number we actually have, take two More importantly, Castle-Tanner welfare system plan. We produced in meals, not three at $1.90, that is $1.2 preserves the national food stamp safe- the House of Representatives a biparti- million a day for illegals keeping us ty net and rejects the optional food san plan. It passed this House. In the from welfare reform in California. stamp block grant contained in H.R. Senate, Senator Dole worked and We want the State to have the flexi- 3734. passed a bipartisan welfare plan. They bility and we think that this reform In addition, Castle-Tanner contains did that twice, bipartisan. And both bill is gentle to children and a rebirth. provisions that will give a realistic op- times the President vetoed it. Mr. STENHOLM. Madam Chairman, I portunity of welfare participants mov- Then the Governors of this great yield 4 minutes to the gentlewoman ing from welfare to work. country all got together. They said from North Carolina [Mrs. CLAYTON]. Castle-Tanner provides $3 billion in that if Congress cannot do it, let us Mrs. CLAYTON. Madam Chairman, additional and mandatory funding that have the Governors, that have got the we have a rare opportunity in this Con- States can make use of in ensuring an direct responsibility in their States to gress, an opportunity to support a bill effective transition from welfare to take care of it, produce a plan. And that is both bipartisan and bicameral. work. they did so. In a bipartisan manner, We must and we will have welfare re- And, Castle-Tanner contains suffi- Republican and Democrat Governors form. The question is, how will we have cient funding for child care, a vital worked together, produced a plan and welfare reform? component if we truly expect mothers the President would still not sign that But the bill the majority is putting with dependent children to be able to plan. Even today, the Governors are forth, H.R. 3734, does not provide the go to work without jeopardizing the in- working, again, to come up with a kind of constructive changes found in terests of the child. plan. the Castle-Tanner alternative that we There are many other strong points in Cas- I would say that I used to teach in will also consider. We need reform that tle-Tanner when compared to H.R. 3734, such Hinsdale. We had three great schools: makes a difference. We do not need re- as the 85 percent mandatory State commit- Hinsdale, Evanston, and Newtrier. Just form that merely is different but ment level rather than 75 percent; the require- a few miles away there are miles and makes a difference in lives. ment that the Secretary of HHS must approve miles of Federal housing. I would say Reform means improving, making State plans, thereby ensuring a single stand- to my colleagues, those children do not better, perfecting. Reform of our wel- ard; and the requirement that State plans do carry books. They carry guns. Their fare system should reflect our most not impose unfunded mandates on local gov- ideologues and their role models are basic values: the importance of work, ernments. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7757 Castle-Tanner has support among America’s welfare and immigration When I graduated from First Step, I found Democrats and Republicans in the policies. myself on the stage with you at Del Tech, House and in the Senate. President Clinton, after promising to each giving our speech. To me it was perhaps We do need to discontinue our cur- end welfare as we know it, has twice the turning point in my life. Because of your faith in me and in humanity, I found myself rent system of welfare. But, we do not this year vetoed proposals to do just enrolled in Delaware State University. I was need to abandon our children. Castle- that. Let us hope the administration fortunate to participate in several of the Tanner will give us change that im- will finally keep its promise to the welfare reform panels, and that led to a most proves the lives of all Americans, not American people and sign this bill. wonderful woman who saw my picture in the just change that enriches the lives of Mrs. MEYERS of Kansas. Madam paper and who was my benefactor for books some. The savings in the Castle-Tanner Chairman, I yield 3 minutes to the gen- and school supplies for my college education. alternative meet the mandate of the tleman from Delaware [Mr. CASTLE]. An unusual story, but a story of an budget resolution. Mr. CASTLE. Madam Chairman, I individual who is able to be educated I urge all of my colleagues to support thank the gentlewoman from Kansas and is now out in the workplace and is welfare reform that works, welfare re- for yielding this time to me, and I supporting her family. And this has form that protects the children, wel- thank those that said nice things about happened on many occasions. It is not fare reform that gives us a better sys- the bill I presented, I have sponsored going to happen on every occasion. But tem. with the distinguished gentleman from our welfare reform bills, the ones we Support Castle-Tanner. It will make Tennessee [Mr. TANNER], and I support have before us, give that opportunity, a difference. both the Castle-Tanner proposal and and they tell people that they are the Republican welfare reform propos- b 2030 going to go out and they are going to als, and I will speak probably of the get a job, and I would just tell those Mrs. MEYERS of Kansas. Madam Castle-Tanner more tomorrow. who are concerned about this being chairman, I yield 2 minutes to the gen- But I would like to share with my draconian and hardhearted that I think tleman from Texas [Mr. SMITH]. colleagues my strong beliefs in the it does provide a lot of opportunity. Mr. SMITH of Texas. Madam Chair- need to improve welfare, but also what On the other hand, these bills are not man, I thank my friend from Kansas, I believe is tremendous hope and oppor- easy. We are going to change welfare. Mrs. MEYERS, for yielding this time to tunity for people in America. We are going to change it as we know me. Now, I learned this from practical ex- it today. We are going to limit benefits I would like to offer my strong sup- perience. When I was fortunate enough for certain able-bodied adults to 2 port for H.R. 3734, the Personal Respon- to be Governor of Delaware, I worked years of assistance without work, and sibility Act. Welfare hurts people. It with the Governor of Arkansas at that we are going to limit their lifetime hurts those who receive it by creating time in 1988 with the Governors, head- benefits to a maximum of 5 years. Peo- a culture of dependency that crimps ing up a group to work on welfare re- ple need to understand there is going people’s desire to benefit themselves form, and that was Bill Clinton, and to be change. But let me just make it and improve their own lives. from that came the Family Support clear that in both of these bills about American taxpayers are willing to Act. And I got into it, jumped in with 20 percent of those people would be ac- help those who need it. But we have both feet, and I said we are going to do cepted. grown increasingly tired of footing the this in Delaware, and we did something There are many other good aspects to bill for those who will not help them- not many States had done at that it, but I would encourage all of us to selves. time. We wrote letters to people in consider welfare reform. It is in the Perhaps the most fundamental re- which we said, ‘‘If you’re going to con- best interests of this country. quirement of America’s immigration tinue to receive welfare, you’re going Mr. STENHOLM. Madam Chairman, I policy is that immigrants be self-reli- to have to come to our classes,’’ and I yield 5 minutes to the gentleman from ant, not dependent on the American shuddered a little bit at some of those Tennessee [Mr. TANNER], the other half taxpayers for support. Since 1882, for reactions, and I went to the first class of the Castle-Tanner team. over 100 years, those who are likely to after about 4 or 5 weeks. It was 18 (Mr. TANNER asked and was given become public charges or participate in women and 1 man, as a matter of fact, permission to revise and extend his re- the welfare system have been inadmis- and I remember it vividly. But I was marks.) sible to our country. Since 1917 nonciti- stunned by the fact that virtually ev- Mr. TANNER. Madam Chairman, I zens who become public charges after eryone I spoke to, I think everyone I thank the gentleman from Texas, and I they enter the United States have, in spoke to that day, said very positive want to publicly thank the gentleman fact, been subject to deportation. things about the fact that we have from Delaware [Mr. CASTLE]. We have Many immigrants come to America given them opportunity. I expected worked very had on the so-called Cas- for economic opportunity. In fact, most them to be very upset and disconcerted tle-Tanner bill. It is the only biparti- of them do. However, others come to by the fact that we had said that they san, actually bicameral, bill that we live off the American taxpayer. Non- would have to work. have before the 104th Congress. This citizen welfare recipients of supple- And I found from that and then from bill has been introduced specifically mental security income have increased going back to graduations and then and in the same wording that we have 580 percent over the last 12 years. When from talking to many of these people in our bill in the Senate by Senator all the major welfare programs are who I saw on the street thereafter that BIDEN and Senator SPECTER. added together, studies show that im- this truly was opportunity for them. It I want to compliment the Repub- migrants receive $26 billion each year truly lifted their self-esteem, it truly licans for moving off of H.R. 4. The in welfare assistance. gave them family pride because their gentleman from Delaware [Mr. CASTLE] Now, should not those funds rather kids realize that they were given that spoke to that. I am not yet ready to be going to needy American citizens? opportunity, and they could go for- make that leap, but I want to com- This bill complements the House im- ward. mend some movement and some will- migration reform bill, H.R. 2202, which And I think it has made a difference ingness to work on the part of the Re- passed the House by a vote of 333 to 87. in Delaware. About a third of the indi- publican majority, but I want to spend H.R. 2202 prevents illegal aliens from viduals in Delaware have now been able most of my time talking about what I receiving public benefits, enforces the to go to work in some way or another. think the Castle-Tanner bill is a better public charge exclusion and deporta- I have a letter here today from a lady bill for the country and for the people tion provisions of current law and en- in Bridgeville, DE, and I am not going that are both paying for the welfare courages immigrant sponsors to fulfill to read the whole thing. It might seem system and those who are trapped or their financial obligations. a little bit self-serving, but she said: otherwise a part of it tonight. I want to It is critical for Congress to send ‘‘In 1992 I found myself on food stamps speak more tomorrow about the dif- both H.R. 3424 and H.R. 2202 to the and thrust into your First Step pro- ferences, but let me just say this: Any President this year. The American peo- gram.’’ She did not like it, I guess at system that we try to do in the Castle- ple are depending on us to reform that time. Tanner bill is in some respects very H7758 CONGRESSIONAL RECORD — HOUSE July 17, 1996 much like the Republican bill. We are Let us quit throwing brickbats at sidized day care. He did not need coun- time limited, we give the States flexi- each other and trying to threaten ve- seling. He did not need all the other 78 bility, we are interested in work, we re- toes or not threatening vetoes or we programs that we are fighting over quire work and so forth, as the gen- are going to make this political state- today. tleman from Delaware suggested in his ment, and try to come together as we b 2045 remarks. But there are three or four have tried to do with 16 Democrats and things that we do that we think will 16 Republicans to seek an American so- He needed a dad. That is what Eric make it work better, and CBO happens lution to an American problem. I be- Morse needed. That is what the other to agree with us. lieve that is what our people that sent kids in his housing project needed. What our system has done is taken We have a stronger maintenance-of- us here would like to see happen, and I away the dads from these kids and effort factor in the Castle-Tanner bill. think we have a chance to do that if we given them government instead. Sen- This is important because welfare re- can continue to tweak this thing and ator MOYNIHAN said 30 years ago that a form must truly be, in our opinion, a work together. Federal-State partnership, and we do I believe we have a historic oppor- society that does that asks for and gets not want to, it seems to me, give the tunity. chaos. It is time, and I agree with the gen- States money and they do not match it Mrs. MEYERS of Kansas. Madam tleman from Tennessee [Mr. TANNER], and make welfare more a Federal pro- Chairman, I yield 3 minutes to the gen- to stop fighting, to stop engaging in gram than it perhaps already is in the tleman from Missouri [Mr. TALENT]. Mr. TALENT. Madam Chairman, I politics, to stop defending this system, minds of some. to change it, this system that is de- The other thing we do has to do with thank the gentlewoman for yielding stroying the kids and the families and children. We restrict the transfer- this time to me, and I want to speak in the neighborhoods of America. That is ability of these block grant funds that the same vein as my friend, the last what this bill is designed to do. Let us go to the States so that they must be speaker, the gentleman from Tennessee pass it. Let us send it to the President. used for child care. After all, if any- [Mr. TANNER]. I agree with one thing he Let us urge him to sign it. Let us make body gets unintentionally hurt by our said, certainly that we have a historic sure there are no more Eric Morses. best intentioned efforts to reform the opportunity in this Congress, disagree Mrs. VUCANOVICH. Madam Chair- welfare system and demand that able- with another thing he said, that no- man. I yield 2 minutes and 30 seconds bodied adults work, it is going to be body here is defending the existing sys- to the gentleman from Arkansas [Mr. tem. I think that there are a lot of children who have no other oppor- HUTCHINSON]. tunity, who have no other means to Members who quite sincerely are giv- Mr. HUTCHINSON. Madam Chair- support themselves than they came ing ground inch by inch, if at all, fight- man, I thank the gentlewoman for into the world and happen to be born to ing furiously almost like a covered re- yielding time to me. what some might consider deadbeat treat to try and save as much of the Madam Chairman, I rise in strong parents. This is our main concern, and system as they can, and I thought it support of the Republican welfare re- Castle-Tanner, I think if my colleagues would be useful to take a look at the form plan. Some on the other side have carefully read it, does a better job, system that we have created in this complained that the work require- even though the Republicans are trying country over the last 30 years. ments contained in the Republican to do better, a better job of trying to Madam Chairman, in the immediate plan are too strong, and the States will put that safety net in society for peo- postwar era, poverty in this country not be able to meet them. What are ple who otherwise have no recourse and was 30 percent. It declined pretty those work requirements? It would re- no opportunity or ability to help them- steadily until it reached 15 percent in quire over a period of years, over the selves. 1965 when the Federal Government de- next 6 years, to have 50 percent of the Another area about the children is in clared war on poverty. In the last 30 caseload working. I suggest if we tell the area of vouchers. The Republican years we have spent $5 trillion on the American people that those stand- bill, unfortunately, prohibits Federal means-tested entitlement programs, ards are too tough, they will find that involvement for vouchers for children and the poverty rate is 15 percent. statement laughable. Most people say, whose parents have been cut off be- Poverty has stayed the same. It is why should it not even be tougher? cause they refuse to work or otherwise more intractable now, it is more ugly Why only 50 percent? are not cooperating, refuses or pro- now, but it has not gone down. What One provision in the GOP welfare hibits using Federal money for vouch- we have gotten instead is a 6-fold in- plan that I think is very good is the ers after the 5-year cutoff time. crease in illegitimacy, an illegitimacy ability of the Governors to count the Now, I understood at the outset that rate of 32 percent compared with about net reduction of the caseload toward we were trying to give the States flexi- 6 to 7 percent in 1965. That is the kind their participation rates. In other bility, that we were trying to give to of system that we have now and that words, if a State has 40,000 on welfare the States a block grant for them to we need to change. one year and they drop that caseload fashion programs that were better than As my colleagues know, I could talk to 30,000 the next year, those 10,000 this one-size-fits-all Federal program, about statistics, about what that cases they have reduced on their wel- and so we do that, and yet then we say, means for kids, about how much more fare rolls can be counted towards their ‘‘But, by the way, you cannot use Fed- likely they are to go to prison or to be work participation rate. That is our eral money to help kids after 5 years.’’ on drugs. But I would rather talk about goal, to see a net reduction, to see peo- I do not understand the logic of that a story, the story of Eric Morris, a 5- ple permanently leaving the welfare proposal, but maybe we can continue year-old boy who was raised in a Chi- rolls. to work on that. I hope so. cago housing project. He was a good One of my concerns about the Castle- And bottom line: I think we have a boy, had an older brother named Der- Tanner substitute, which I assume will historic opportunity in this 104th Con- rick. He refused to shoplift for kids be offered tomorrow, is that their ap- gress. I think we have an opportunity who wanted him to steal candy, and so proach would gut the idea of a net re- to change the system so that people these older kids, these 10- and 11-year- duction in the caseload. They would are, as the gentleman from Delaware old kids, lured him to a room in the allow the Governors to count routine said, better off then they are now. 14th floor of that public housing caseload turnover toward the work par- This system is broken, everybody project, dangled him out the window, ticipation rates, so any AFDC recipient knows it, nobody defends status quo, and when his brother tried to help him, who obtained work for a period of 6 and we are trying to change it. If we they fought his brother and they months after leaving the rolls could be could move the Castle-Tanner bill, if dropped him deliberately and killed counted toward the participation re- we could move toward it just a little him. And Eric died. quirement. bit more, I think we could get a bill Madam Chairman, Eric Morris did This would make the work require- that the President would sign and ac- not need the system that we have given ments virtually a sham. There is al- tually become law. That, I think, is the him. He did not need individual em- ways, there is always a regular turn- bottom line. ployment plans. He did not need sub- over in AFDC caseload. Hundreds of July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7759 thousands of recipients obtain jobs and that this was in the bill. But they told safety net and food stamps are protected. leave AFDC every year, and an equal me they could not do anything about Block grants must not become a blank check number, almost an equal number, en- it, because the freeze helped them for the Governors while still gaining the bene- roll on our caseload every year. reach their arbitrary budget target. fits of flexibility at the State level. By claiming credit for individuals The ability of welfare recipients to ac- First, this bill requires welfare recipients to who obtained a job and left AFDC, a tually have transportation to get to workÐa big step in the right direction. Governor would automatically meet at work did not matter. Second, this bill places times limits on wel- least 10 percent of the participation re- Let me remind many people here fare benefitsÐno longer will people be allowed quirement without in any way altering there are a lot of places that do not to live their lives on welfare. the existing welfare system. Nearly all have mass transit or buses. What Third, this bill keeps the family cap in place, States would be able to meet their re- mattered, again, was how much money which means that mothers on welfare don't quirements for the first and second could be saved by ignoring this prob- get extra cash benefits for having babies. years without the least change in the lem. Similarly, the majority’s bill re- In other words, the United States will no longer be the only nation in the western world status quo. tains the excess shelter deduction cap I do not believe that is what the that pays young girls to have babies. which clearly disadvantages families New Jersey already has this policy in place, American people want. I do not believe with children who have high utility and I am pleased to see that H.R. 3734 re- the American people want a welfare re- costs or high rent costs. Kicking chil- tains this worthwhile reformÐI should mention form system that says it is not really dren out of their homes may save some that the New Jersey family-cap law was spon- reform, it is just more of the status money, but you cannot call it respon- sored by a Democratic State legislator, and quo when it comes to work. sible public policy. gained strong bi-partisan support and was ulti- We have success in the drug war, not Worst of all, among the food stamp mately signed into law by a Democratic Gov- when we get people off drugs, but when programs in the majority’s bill is the ernor. we keep young people from ever get- optional block grant. These poorly Fourth, they bill has a strong and effective ting on drugs. It is the same way in funded block grants will force children child support enforcement reform title, which is welfare reform. The greatest success is to lose their access to the food nec- something that I have worked on here in Con- not just in turnover, getting them off essary to keep them healthy and alive. gress for more than 10 years. and having them come back on. The If we had allowed these block grants in As I have long maintained, strong child sup- greatest success in welfare is when we 1990, 8.3 million children would not port enforcement reforms must be an essential dissuade people from ever getting on have received decent nutrition. Castle- component of any true welfare reform plan, welfare. That comes from real work re- Tanner rejects block grants, but it still because improved child support enforcement quirements. retains the same language for fraud is welfare prevention: One of primary reasons The President said: Give me a bill and abuse. that so many mothers with children land on with real work requirements, tough The bottom line is not only how welfare rolls is that they are not receiving the work requirements that is good for much money we save but how many child support payments they are legally and children, and I will support it. We have people we successfully move from wel- morally owed. such a bill. Let us pass this tomorrow. fare to work. In Castle-Tanner we guar- Failure to pay court-ordered child support is Let us not take a substitute. antee a strong nutritional safety net not a victimless crime. The children going with Mr. STENHOLM. Madam Chairman, I for families and children while success- these payments are the first victims. But, the yield 4 minutes to the gentlewoman fully getting people into the job mar- taxpayers who have to pick up the tab for from Florida [Mrs. THURMAN]. ket. deadbeat parents evading their obligations are Mrs. THURMAN. Madam Chairman, I Madam Chairman, we care about re- the ultimate victims. thank the gentleman from Texas for form and we care about families. By The core of these child support enforcement yielding me this time. the way, we also save $53 billion. Sup- reforms is the absolute requirement for inter- Madam Chairman, I honestly believe port Castle-Tanner. It is responsible state enforcement of child support, because that tomorrow this is going to be one welfare reform. the current, State-based system is only as of the most important votes we take in Mrs. VUCANOVICH. Madam Chair- good as its weakest link. this Congress, and maybe for some of man, I yield 2 minutes to the gentle- Specifically, I want to note that the Rou- kema amendment on license revocation, us, in our careers. I think welfare woman from New Jersey [Mrs. ROU- which the House overwhelmingly approved changes make no sense if we deform, KEMA]. last April, 426 to 5, has been included in this rather than reform, the current sys- (Mrs. ROUKEMA asked and was bill. It requires States to implement a license tem. The only bill this House will have given permission to revise and extend revocation program for deadbeat parents who the opportunity to debate that actu- her remarks.) have driver's licenses, professional licenses, ally reforms the system is the biparti- Mrs. ROUKEMA. Madam Chairman, I rise in occupational licenses, or recreational licenses. san Castle-Tanner bill. support of H.R. 3734, budget reconciliation This reform has worked very well in 19 Reforming welfare means assessing legislation that contains a comprehensive wel- StatesÐthe State of Maine, in particular, has the policy impact of a proposal and fare reform package. been a leaderÐthat already have it in place, considering what these changes will Last April, I supported the initial House ver- and if license revocation is implemented na- mean for real people, like our Nation’s sion of welfare reform legislation with some tionwide I am convinced it will work even more children. The best way for us to deform reservations. I was very pleased to see subse- successfully. the system is to say you want to cut quently that the conference committee report Later tonight, I will ask the Rules Committee $60 billion, and then start cutting the on H.R. 4 last November included many sig- to include a second child support enforcement vital programs that form our social nificant improvements from the Senate-passed proposalÐa requirement that States enact safety net without any concern for who bill, which have properly been retained in the criminal penalties of their own design for willful gets hurt. This is the key difference be- legislation before us now. nonsupport of childrenÐas part of the man- tween Castle-Tanner and the major- There should be no question that we must ager's amendment to H.R. 3734. I hope that ity’s bill. In the Castle-Tanner bill, we enact strong welfare reform legislation this the Rules Committee will do the right thing, worried about people. We made certain year. The American people are demanding and include this tough reform in the legislation that innocent children would not be that we restore the notion of ``individual re- we will vote on tomorrow. hurt. The majority worried about num- sponsibility and self-reliance'' to a system that Fifth, I believe that the legislation's reforms bers and only numbers. has run amok over the past 20 years. for nutrition programs represents significant For example, when I raised the issue Above all else, I want to stress my goal has progress in maintaining the safety net for in the Committee on Agriculture about always been to require self-reliance and re- those in our society who are unable to provide the leadership’s freeze on the vehicle sponsibility, while ensuring that innocent chil- for themselves. allowance for welfare recipients, some- dren do not go hungry and homeless as a re- During both Opportunities Committee mark- thing, by the way, that all States have sult of any Federal actionÐthis bill meets that up and floor debate on welfare reform last asked for in their waivers, Members test, too. year, I repeatedly attempted to protect the cur- from the other side of the aisle seemed Block grants can work as long as we estab- rent safety net for school lunches so that, dur- surprised and somewhat discouraged lish maintenance of effort standards where the ing times of recession, when more families H7760 CONGRESSIONAL RECORD — HOUSE July 17, 1996 move toward or beyond the poverty level and ing part in the program he would fre- Madam Chairman, I would make a become eligible to participate in the school quently ask these kids what they want- few other observations. Statements lunch program, additional money would be ed to be and what they wanted to do have been made by a few this evening available to provide nutrition services. when they grew up. A fairly high per- about the vetoing of the welfare reform Thankfully, the Senate saved the House centage of them said they wanted to be bill twice by the President. I think from itself with its decision to preserve the cur- on welfare and they wanted to collect a most reasonable citizens of the United rent Federal safety net for school lunches, and check. States, when they look at the original H.R. 3734 follows the Senate position on this Contrary to what most children learn bills that were vetoed by the President issue, which I wholeheartedly support. when they are growing up, that they and compare them with the two bills I have always preferred to see the school want to either become a fireman or a we will be considering tomorrow, they lunch program completely maintained at the policeman or a mother or a daddy and will see the wisdom of those vetoes, be- Federal level, and this legislation correctly work, these kids had actually learned cause I think any fair-minded person does just that! that they did not want to work. It has on either side of the aisle will see that I am also extremely pleased that the welfare been said by many people, kids will fre- as a result of having to go back to the reform package before us does not block quently model what you do and not drawing board and take another look grant nutrition services for WIC, the nutrition what you say. at how we might make welfare reform The current system, I think all we program serving low-income, postpartum more workable, we will see that both need to do is go into our inner cities women with children and infants. proposals are significantly better than Finally, I am gratified to see that this bill in- and see what is going on: The high the proposal that was vetoed twice. corporates a ``Rainy Day Fund'' for those crime rates, the high drug abuse rates That is progress, that is not a subject States that suffer a recession or economic that are very, very closely linked to for criticism. downturn. our welfare system and the high inci- Madam Chairman, Castle-Tanner, as Last year, I repeatedly advocated that this dence of fatherlessness. I believe that has been said many times, and I think kind of provision be included in any kind of the Federal Government is completely it bears repeating, is bipartisan and bi- welfare reform package that contains block incapable of helping these people, con- cameral. If we are truly serious about grants in order to ensure that those who truly trary to all the claims that are made getting a bill, which we are, and let me depend on our safety net programs can con- by people on the other side of the aisle. tinue to rely on them during times of economic My colleague from California made a make this observation, every single distress. comment about making sure children Member of the House of Representa- Earlier this spring, the National Governors are alive, well-fed, and healthy. We are tives has voted with their name on the Association called upon the Congress to put certainly making sure they are alive in board, with a green light, for signifi- $2 billion of funding into the ``Rainy Day the current system, but we are cer- cant welfare reform. We have dif- Fund'', and this legislation meets the goalÐI tainly making sure they are not ferences of opinion, and that is to be enthusiastically support this provision. healthy. There is a tremendous spir- expected in a body of 435 as diverse as We have been so close to passing mean- itual poverty that goes with the cur- we are in the representation of the peo- ingful welfare reform for so long. Let us today rent system, and I believe our bill, H.R. ple of the 50 States of the United finally move that process forward one more 3734, which has some serious work re- States. step by passing this comprehensive welfare quirements and seriously tries to ad- But it is not a fair statement to say reform bill. dress the terrible issue of illegitimacy, to anyone that anyone on either side of This is the bill. This is the time. The people is a good bill. It is a good start on deal- the aisle is not serious about welfare of America should not have to wait any longer. ing with the welfare disaster that cur- reform, because we are. Those of us I urge my colleagues to join me in supporting rently exists today. who support very strongly the Castle- this important package. I encourage all my colleagues on Tanner believe that it merits the sup- Mrs. VUCANOVICH. Madam Chair- both sides of the aisle to support the port, merits the support because it is man, I yield 3 minutes to the gen- bill, and the President of the United stronger on work, particularly by mak- tleman from Florida [Mr. WELDON]. States to do what he said he was going ing certain that the mandate that we Mr. WELDON of Florida. Madam to do, and that is sign welfare reform. place on the States under the giving of Chairman, I thank the gentlewoman Mr. STENHOLM. Madam Chairman, I the flexibility to the States, that we for yielding time to me, and I rise in yield myself the balance of my time. send the money with the mandate, support of H.R. 3734, the Republican Madam Chairman, I take this time to rather than saying to the States, ‘‘You welfare reform bill. make a comment or two regarding do it, and by the way, if there is not In my opinion, Madam Chairman, our some of the allegations about some of enough money, that is your problem.’’ reform bill is a very good start. I think the statements that have been made b 2100 further reforms will probably be needed from this side of the aisle. To the best in the future to ultimately get the Fed- of my knowledge this evening, no one Clearly my people at home, my con- eral Government out of the business of on this side has suggested, by any stituency have said, ‘‘Please, no more trying to help the poor, because the other standard other than CBO or the unfunded Federal mandates.’’ We be- Federal Government is completely in- National Governors Association, that lieve a careful analysis of Tanner-Cas- competent and incapable of helping the the proposal of the majority has some tle will show that it is superior. poor. problems with work. We did not make The criticisms that we offer tonight Indeed, I feel that the current system this up. The Congressional Budget Of- are based on CBO, and that is my final is almost criminal, and the victims are fice has carefully analyzed their pro- comment to make tonight, whether it children. That point was very vividly posal and suggests that it is going to is talking about work funding, child driven home to me when I had the op- come up short regarding the work re- care, who is tough and who is not portunity a few years ago to meet a quirements. tough, what works and what will not businessman in my district who had re- Also, regarding the allegations on work, the shelter cap, for example, all cently relocated from Oklahoma. I re- child care and children, we are not of the other areas. We believe that CBO member him describing to me how he making this up. This is the Congres- and their careful analysis should cause had taken part in a program in Okla- sional Budget Office analysis of the most Members to support the Castle- homa where he went into the inner city proposal that is before us. This is why Tanner and we hope that that will be in Oklahoma and took part in a pro- we say that the bipartisan attempt by the verdict tomorrow. gram where they would read books to the gentleman from Delaware [Mr. If we can send that bill to the Senate these young children ages 5, 6, and 7, CASTLE] and the gentleman from Ten- and the Senate works their will and you can help improve their reading nessee [Mr. TANNER] to address some of then a conference, there is no doubt in scores. We all know how important these concerns is worthy of serious this Member’s mind that we will have reading is to overall academic perform- consideration by both sides of the aisle. the most significant welfare reform bill ance. I want to make that point, Madam that will meet the test of what all of He told me a story that totally Chairman, so the rhetoric of this body our constituents want us to do. The amazed me. When he first started tak- does not overshadow the facts. current system is broken and it needs July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7761 to be fixed. Castle-Tanner in our opin- rent programs have encouraged dependency, Over the last year, the food stamp provi- ion does the best job of fixing it. trapped people in unsafe housing, and sad- sions in the various welfare reform proposals Madam Chairman, I yield back the dled the poor with rules that are anti-work and have come to look very much alike. We have balance of my time. anti-family. Clearly, those trapped in poverty reached agreement on dozens of provisions. Mrs. MEYERS of Kansas. Madam and the taxpayers deserve better. Yet, there continues to be serious policy dif- Chairman, I yield myself the balance of This bill overhauls our broken welfare sys- ferences on several key issues. We must re- my time. tem. This plan makes sure welfare is not a solve these differences so that we will have Madam Chairman, I would just like way of life; stresses work not welfare; stops real welfare reform that works for both low in- to comment that the work require- welfare to noncitizens and felons; restores come families and American taxpayers. We ments in our bill are in fact very power and flexibility to the States; and seeks want congressional passage of a bill that the tough. States are going to have to to half the rise in illegitimacy. President will sign. work harder than they ever have in By imposing a 5-year lifetime limit for col- Determining food stamp reform in the con- order to assist welfare recipients into lecting AFDC, this bill guarantees that welfare text of budget reconciliation causes us to work. Work requirements that are not is a helping hand, not a lifetime handout. Rec- loose sight of the people the Food Stamp Pro- challenging like the ones that are cur- ognizing the need for helping true hardship gram is intended to serve. We must remember rently in place do nothing to really re- cases, States would be allowed to exempt up that our goal is to reform welfare in order to form this system. to 20 percent of their caseload from the 5-year move people toward self-sufficiency. Reform What the gentleman from Texas was limit. In addition, H.R. 3437 for the first time by itself is a hollow word. Reform for reform's referring to in terms of the CBO esti- ever requires able bodied welfare recipients to sake is meaningless. We aren't OMB, CBO, or mates, CBO assumes a 30- to 40-percent work for their benefits. Those who can work GAO. We can't work in the vacuum of num- reduction in the welfare case load must do so within 2 years or lose benefits. bers only. We cannot let the bureaucrats with under our bill, but they do not factor States will be required to have at least 50 per- the green eye shades determine what path re- that in in the cost of the work pro- cent of their welfare recipients working by form will take. We are Members of Congress. gram. That is the discrepancy that I 2002. To help families make the transition It is our responsibility to put faces with these think the gentleman is referring to, from welfare to work, the legislation provides numbers. We must interject the human ele- and I do not understand it either. $4.5 billion more than current law for child ment into the process in order to ensure that I would like to just close by saying care to help parents who work. real need is addressed in welfare reform. We Under this bill noncitizens will no longer be that if we make no changes in the way must ensure that our children and the aged eligible for the major welfare programs. Felons we handle welfare, Madam Chairman, and disabled are not left unprotected. We will not be eligible for welfare benefits and by 2000, just 4 years from now, 80 per- must remember that a dollar spent now can State and local jails will be given incentives to cent of minority children and 40 per- actually result in saving thousands of dollars report felons who are skirting the rules and re- cent of all children in this country are later, if we help produce a future taxpaying cit- ceiving welfare benefits. going to be born out of wedlock. That izen. is because of Federal programs that Our current system has proven that the one- size-fits-all welfare system does not work. We must determine the policy that will move were intended to be a help over a dif- people toward self-sufficiency. This must be a ficult spot in someone’s lives and in- H.R. 3437 will give more power and flexibility to the States by ending the entitlement status policy-driven bill, not one that is driven by stead they have become an incentive empty, faceless numbers that are wrong as that actually attracts people into the of numerous welfare programs by block grant- ing the money to the states. No longer will many times as they are right. system, it pulls people into the system. Our constituents don't want a handout. They States spend countless hours filling out the re- Of course, with 40 percent of our chil- quired bureaucratic forms hoping to receive a want jobs. They want economic development. dren born out of wedlock, there is a waiver from Washington to implement their They want the American dream. These are the tremendous dollar cost to this country, welfare program. States will also be rewarded people we must help. These are the people but more than that there is an enor- for moving families from welfare to work. for whom we must redesign these programs to mous human cost. These children are Finally and most importantly, this bill ad- help them achieve their desire of becoming born and raised in their early years dresses illegitimacy by allowing States to limit successful citizens. without a father, without much struc- cash benefits for teen mothers. States will be We are particularly concerned that this bill ture in their life, sometimes without allowed to set family caps that would stop the will jeopardize the nutritional status of millions enough food and clothing. By the time practice of increasing welfare payments for of poor families because of a basic misunder- they are old enough to go to school, every additional child a recipient has while on standing of how the program works. The per- they are already disadvantaged, many welfare. States can also stop payment to un- ception is that this program is out of control, of them, in terms of their ability to married teens and make them conditional on that hundreds of thousands of families are learn and their health. the mother staying in school and living with an added to the food stamp rolls every month. I think our bill resolves that prob- adult. This legislation seeks to reverse the in- The reality is something very different. Over lem. It ends the incentive nature that crease in illegitimacy by also increasing efforts the last year and a half, as the economy has welfare has grown to be. I think our to establish paternity and crack down on improved, food stamp participation has actu- welfare programs were started with the deadbeat dads. ally dropped by over 1 million people. This best of intentions, but when you say to The sad state of our current welfare system vital program is clearly filling a very real need. a young woman, if you will have two and the cycles of poverty and hopelessness it If the need isn't there, the program doesn't children with no man in the house, we perpetuates are of great concern to me. I be- continue to expand, but if the need is there, will give you $18,000 a year, that is lieve this bill goes to the heart of reforming the the program is there to meet it. more of an incentive than most of our welfare system by encouraging and helping in- The block grant provisions in H.R. 3734 sets teenagers can resist. dividuals in need become responsible for funding at levels well below that necessary to Our bill has more money for child themselves and their family. I wholeheartedly feed hungry families in times of recessions or care, it has more people in real work. I support this bill become it makes welfare a if food prices increase. The total loss of food urge my colleagues to support the bill. helping hand in times of trouble, not a handout stamp funding to States that choose the block Mr. WELDON of Florida. Mr. Chairman, I that becomes a way of life. I truly believe that grant will be over $2.5 billion. If block grants rise in strong support of H.R. 3437 the Per- this reform will give taxpayers a better return had been chosen by all States in 1990, the sonal Responsibility and Work Opportunity on their investment in helping those in need. Food Stamp Program would have served 8.3 Act. This historic welfare reform bill will end Mr. DE LA GARZA. Mr. Chairman, House million fewer children. Castle-Tanner does not welfare as we know it. During the past 30 Democrats and Republicans, Senate Demo- include the block grant authority. years, taxpayers have spent $5 trillion on crats and Republicans, and President Clinton To assure adequate nutrition and the good failed welfare programs. What kind of return share a common goalÐall agree that welfare health of our poor families, the calculation of have the taxpayers received on their invest- reform is urgently needed. Reform is needed food stamp benefits must take into account ment? The rate of poverty has not decreased not only for the recipients of welfare, who extremely high housing expenses. H.R. 3734 at all. Furthermore, the average length of stay many times are trapped in a cycle of poverty limits this calculation, leaving poor families on welfare is 13 years. Today's illegitimacy from which they cannot escape, but also for with children who pay more than half of their rate among welfare families is almost 50 per- the American taxpayers who deserve a better income for housing with less money to buy cent and crime continues to run rampant. Cur- return on their investment in our future. food. This provision alone will reduce benefits H7762 CONGRESSIONAL RECORD — HOUSE July 17, 1996 to these families by over $4 billion over 6 of Mississippi, TEJEDA, MCHALE, KEN- As additional conferees from the years, resulting in more hungry children. Cas- NEDY of Rhode Island, and DELAURO. Committee on the Judiciary, for con- tle-Tanner does not include this harsh limita- As additional conferees from the Per- sideration of sections 537, 543, 1066, 1080, tion. manent Select Committee on Intel- 1088, 1201–16, and 1313 of the Senate We all want people on welfare to be self- ligence, for consideration of matters amendment, and modifications com- sufficientÐthey want to be self-sufficient. But, within the jurisdiction of that commit- mitted to conference: Messrs. HYDE, the way to help people become self-sufficient tee under clause 2 of rule XLVIII: MCCOLLUM, and CONYERS. is not to deny them food stamps after 4 Messrs. COMBEST, LEWIS of California, Provided that Mr. MOORHEAD is ap- months. Eighty percent of the able-bodied re- and DICKS. pointed in lieu of Mr. MCCOLLUM for cipients between the ages of 18 and 50 re- As additional conferees from the consideration of sections 537 and 1080 of ceive food stamps on a temporary basis al- Committee on Banking and Financial the Senate amendment. ready, they leave the program within a year. Services, for consideration of sections Provided that Mr. SMITH of Texas is H.R. 3734 will simply kick 700,000 people off 1085 and 1089 of the Senate amendment, appointed in lieu of Mr. MCCOLLUM for the program each month, without a helping and modifications committed to con- consideration of sections 1066 and 1201– hand to find a job. What these people need ference: Messrs. CASTLE, BACHUS, and 16 of the Senate amendment. most is the opportunity to workÐjob training, GONZALEZ. As additional conferees from the or a job slot. Castle-Tanner will give them that As additional conferees from the Committee on Resources, for consider- helping hand if they are unable to find work on Committee on Commerce, for consider- ation of sections 247, 601, 2821, 1401–14, their own after 6 months. ation of sections 601, 741, 742, 2863, 3154, 2901–13, and 2921–31 of the House bill, The Castle-Tanner alternative achieves sig- and 3402 of the House bill, and sections and sections 251–52, 351, 601, 1074, 2821, nificant deficit reduction. The food stamp pro- 345–347, 561, 562, 601, 724, 1080, 2827, 3175, 2836, and 2837 of the Senate amend- visions save $20 billion over a 6-year period. and 3181–91 of the Senate amendment, ment, and modifications committed to The majority's bill last year was intended to and modifications committed to con- conference: Messrs. HANSEN, SAXTON, achieve $16 billion over 7 years. Castle-Tan- ference: Messrs. BLILEY, BILIRAKIS, and and MILLER of California. ner goes well beyond that level of savings, DINGELL. As additional conferees from the and yet we have been accused of not support- Provided that Mr. RICHARDSON is ap- Committee on Science, for consider- ing welfare reform. pointed in lieu of Mr. DINGELL and Mr. ation of sections 203, 211, 245, and 247 of The American people are not mean-spirited. SCHAEFER is appointed in lieu of Mr. the House bill, and sections 211 and 251– They do not want children to be poor and hun- BILIRAKIS for consideration of sections 52 of the Senate amendment, and modi- gry. We must remember that we are reforming 3181–91 of the Senate amendment. fications committed to conference: Mr. the programs that impact the most vulnerable Provided that Mr. OXLEY is appointed WALKER, Mr. SENSENBRENNER, and Ms. of our constituents. We must remember the in lieu of Mr. BILIRAKIS for the consid- HARMAN. faces of the poor and hungry of our Nation. eration of section 3154 of the House As additional conferees from the Let the record show that the minority strong- bill, and sections 345–347 and 3175 of the Committee on Transportation and In- ly supports welfare reform, but not at the cost Senate amendment. frastructure, for consideration of sec- the Nation's poor families and children, not at Provided that Mr. SCHAEFER is ap- tions 324, 327, 501, and 601 of the House the cost of the Nation's future. pointed in lieu of Mr. BILIRAKIS for the bill, and sections 345–348, 536, 601, 641, The CHAIRMAN. All time for general consideration of sections 2863 and 3402 1004, 1009–1010, 1311, 1314, and 3162 of the debate has expired. of the House bill, and section 2827 of Senate amendment, and modifications Under the previous order of the the Senate amendment. committed to conference: Messrs. SHU- House of today, the Committee rises. As additional conferees from the STER, COBLE, and BARCIA. Accordingly the Committee rose; and Committee on Economic and Edu- As additional conferees from the the Speaker pro tempore (Mr. cational Opportunities, for consider- Committee on Veterans’ Affairs, for HAYWORTH) having assumed the chair, ation of sections 572, 1086, and 1122 of consideration of sections 556, 638, and Ms. GREENE of Utah, Chairman of the the Senate amendment, and modifica- 2821 of the House bill, and sections 538 Committee of the Whole House on the tions committed to conference: Messrs. and 2828 of the Senate amendment, and State of the Union, reported that that GOODLING, MCKEON, and CLAY. modifications committed to con- Committee, having had under consider- As additional conferees from the ference: Messrs. STUMP, SMITH of New ation the bill (H.R. 3734) to provide for Committee on Government Reform and Jersey, and MONTGOMERY. reconciliation pursuant to section Oversight, for consideration of sections As additional conferees from the 201(a)(1) of the concurrent resolution 332–36, 362, 366, 807, 821–25, 1047, 3523–39, Committee on Ways and Means, for on the budget for fiscal year 1997, had 3542, and 3548 of the House bill, and sec- consideration of sections 905, 1041(c)(2), come to no resolution thereon. tions 636, 809(b), 921, 924–25, 1081, 1082, 1550(a)(2), and 3313 of the House bill, f 1101, 1102, 1104, 1105, 1109–1134, 1401–34, and sections 1045(c)(2), 1214 and 1323 of and 2826 of the Senate amendment, and APPOINTMENT OF CONFEREES ON the Senate amendment, and modifica- modifications committed to con- tions committed to conference: Messrs. H.R. 3230, NATIONAL DEFENSE ference: Mr. CLINGER, Mr. MICA, and AUTHORIZATION ACT FOR FIS- CRANE, THOMAS, and GIBBONS. Mrs. COLLINS OF ILLINOIS. There was no objection. CAL YEAR 1997 Provided that Mr. HORN is appointed The SPEAKER pro tempore. Without in lieu of Mr. MICA for consideration of f objection, the chair appoints the fol- sections 362, 366, 807, and 821–25 of the lowing conferees on the Senate amend- House bill, and sections 890(b), 1081, SPECIAL ORDERS ment to H.R. 3230: 1401–34, and 2826 of the Senate amend- From the Committee on National Se- ment. The SPEAKER pro tempore. Under curity, for consideration of the House Provided that Mr. ZELIFF is ap- the Speaker’s announced policy of May bill and the Senate amendment, and pointed in lieu of Mr. MICA for consid- 12, 1995, and under a previous order of modifications committed to con- eration of section 1082 of the Senate the House, the following Members will ference: Messrs. SPENCE, STUMP, HUN- amendment. be recognized for 5 minutes each. TER, KASICH, BATEMAN, HANSEN, As additional conferees from the f WELDON of Pennsylvania, HEFLEY, Committee on International Relations, SAXTON, CUNNINGHAM, BUYER, for consideration for sections 233–234, The SPEAKER pro tempore. Under a TORKILDSEN, Mrs. FOWLER, Messrs. 237, 1041, 1043, 1052, 1101–05, 1301, 1307, previous order of the House, the gentle- MCHUGH, TALENT, WATTS of Oklahoma, 1501–53 of the House bill, and sections woman from the District of Columbia HOSTETTLER, CHAMBLISS, HILLEARY, 234, 1005, 1021, 1031, 1041–43, 1045, 1323, [Ms. NORTON] is recognized for 5 min- HASTINGS, of Washington, DELLUMS, 1332–35, 1337, 1341–44, and 1352–54 of the utes. MONTGOMERY, Mrs. SCHROEDER, Messrs. Senate amendment, and modifications [Ms. NORTON addressed the House. SKELTON, SISISKY, SPRATT, ORTIZ, PICK- committed to conference: Messrs. GIL- Her remarks will appear hereafter in ETT, EVANS, TANNER, BROWDER, TAYLOR MAN, BEREUTER, and HAMILTON. the Extensions of Remarks.] July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7763 The SPEAKER pro tempore. Under a reform die again. I have been part of a Guess why they are not going to have previous order of the House, the gen- bipartisan group of Members of Con- it come up this week? Because there tleman from Indiana [Mr. BURTON] is gress and a bicameral group of Mem- are moderate Republicans who know recognized for 5 minutes. bers of Congress fighting to come up this is a sham. There are moderate Re- [Mr. BURTON of Indiana addressed with a campaign finance reform bill. publicans who know that this is a the House. His remarks will appear We have 21 Democratic supporters of fraud. They cannot get the votes for hereafter in the Extensions of Re- that bill and 20 Republican supporters this disgusting, regressive piece of leg- marks.] of that bill. We have editorial support islation that has no business on the f from every major newspaper all across floor of this House. the country. Now is the time to enact I would hope that as we debate cam- b 2115 campaign finance reform. paign finance reform for an hour com- WHY THE GOP FAILED TO The President has indicated that he ing up that we would find a way to call DELIVER ON REFORM supports a bipartisan approach. The Members of Congress, find a way to get The SPEAKER pro tempore. Under a President in his State of the Union Ad- Members of Congress to wake up and previous order of the House, the gen- dress right here before this body urged realize that we need to change this sys- tleman from Massachusetts [Mr. the Congress, urged the United States tem, and the way to change this sys- Senate to pass campaign finance re- tem is not to go home tomorrow after- MEEHAN] is recognized for 5 minutes. Mr. MEEHAN. Mr. Speaker, I just form and specifically asked the Con- noon at 3:00 and fail on campaign fi- left the Committee on Rules. Here we gress to pass a bipartisan bill. nance reform. Now we see that we are not going to are on Wednesday of Reform Week and The SPEAKER pro tempore (Mr. get any kind of campaign finance re- the Committee on Rules has stated HAYWORTH). Under a previous order of form this week. In fact, there is no Re- that we are not going to do any reform the House, the gentleman from Min- form Week, no Reform Week after all this week. That is right, Reform Week. nesota [Mr. GUTKNECHT] is recognized This is the week that we have been of the publicity and everything else for 5 minutes. waiting for for an entire year when that went on with this Congress going [Mr. GUTKNECHT addressed the Members will have an opportunity to to change the way this Congress does House. His remarks will appear here- try to change the way Congress does business. after in the Extensions of Remarks.] Why? Because the Republicans have business, to try to make it, for exam- f offered a bill that increases the amount ple, illegal for a Member of Congress of money that is going to be put into ORDER OF BUSINESS who is indicted and convicted directly the process. That is right, not limits, Mr. BONILLA. Mr. Speaker, I ask because of their official actions from increases the amount of money. The unanimous consent that in light of the collecting a pension. This was a week Republican bill vastly increases nearly fact that the gentleman from Min- when we were going to deal with legis- all of the contribution limits set in nesota [Mr. GUTKNECHT] is not present, lation that would prevent the revolving current law. I ask that his name and my name be door where Members of Congress come Campaign finance reform should be reversed in the list of special orders to- in and serve for a set period of time about limiting the influence of money night so we can proceed. and then go out the door and make on Congress, not expanding it. The Re- The SPEAKER pro tempore. Is there millions and millions of dollars paid publican bill, for example, will allow objection to the request of the gen- for by special interests. an individual to contribute up to tleman from Texas? This was the Reform Week, Mr. $310,000 to campaigns and political par- There was no objection. Speaker, that we were going to do cam- ties in a single election cycle. Think of f paign finance reform, the most impor- it, that is more than 10 times the cur- DEFICIT HAS FALLEN AS A tant reform that we could possibly rent legal limit. They want to put RESULT OF THIS CONGRESS enact if we are going to change the way more money into this corrupting proc- Congress does business. The American ess. No one would believe it, but that is The SPEAKER pro tempore. Under a people have been demanding campaign exactly what is before the Committee previous order of the House, the gen- finance reform. on Rules of the House of Representa- tleman from Texas [Mr. BONILLA] is We have seen throughout this legisla- tives. recognized for 5 minutes. tive session an increase in the amount According to the Republican bill, an Mr. BONILLA. Mr. Speaker, tonight I of money that special interest PAC’s individual could conceivably donate, rise to commend my colleagues who are contributing to Members of Con- get this, $3.1 million to State and na- have succeeded in cutting spending. gress. We have seen the Republican Na- tional parties, cumulatively. Think Cutting spending, Mr. Speaker, that is tional Committee and the political par- about it, $3.1 million. We are going to something that has not occurred in ties taking millions of dollars more open up this process so the more this body for 40 years. The news is out, than 2 years ago in this cycle, and we money you have, the more influence the deficit has fallen as a result of this have seen a direct correlation between you are going to have. Congress’ historic and unprecedented what is being debated on the floor of The Republican bill codifies the soft budget restraint. the House of Representatives and who money loophole in the current law. According to yesterday’s Congres- the top contributors are to Members of This bill vastly increases the role of sional Budget Office mid-season re- Congress and to the Republican Party. national parties in local elections. Just view, this country’s deficit has been Now here at the last minute on what America is looking for, isn’t it? cut nearly in half, and that is wonder- Wednesday night, we are leaving to- The party bosses in Washington are ful news for all Americans. morrow, we are not going to do cam- going to decide to put hundreds of Mr. Speaker, making cuts is not paign finance reform, it has been de- thousands of dollars into individual easy. Just like making cuts and re- layed again. The American people are districts all over America. That is ex- straining ourselves from spending in fed up and disgusted with the inability actly fundamentally what is wrong our very own homes is not easy, but it of the Congress to pass real campaign with the system. That is exactly and is necessary to preserve the oppor- finance reform. fundamentally the opposite of what tunity for our children’s future. I remember when President Bush in- Americans all over this country are de- Last year, here in the Capitol I had dicated that he was going to veto the manding. my two young children, Alicia, who is bill that was being debated in the This Congress should have done bet- 11 and my son, Austin, who is 7, here in House of Representatives, and the ter. The Republican bill would vastly the Capitol watching what I do at work House of Representatives and the Sen- increase the contributions on every and it struck me how profound the de- ate rushed to get that bill passed and area. The Republican bill would actu- cisions are that we make in this cham- over to the President so he could veto ally not limit spending like the Demo- ber and how critical sometimes the it. cratic bill and the bipartisan bill would votes that we cast are to their future. Last year, last session, we saw in the do. This Republican bill is an absolute Mr. Speaker, we are here today for United States Senate campaign finance disaster. the future of our children. We possess, H7764 CONGRESSIONAL RECORD — HOUSE July 17, 1996 each one of us in this Chamber, a vot- homes, at the dining room table each that we need to reform our campaign ing card that is ironically just about night having to decide what you have finance system, and we do. the same size as a credit card, a Visa or to do to make the future of your family This is not reform. As my Republican Mastercard, that most Americans sustain itself and not with a deficit but colleagues also said in their ‘‘Dear Col- carry in their pockets. This credit card with a promising future because you league,’’ and I quote again, for 40 years has run up the deficit, a are paying your bills as you are going The average American will be left even fur- trillion-dollar deficit that we have along. ther behind in the Washington money chase now, bills that we are going to be pay- I promise, Mr. Speaker, that as long as they are frozen out of political process. ing in the future even if we were to cut as I am here serving in this wonderful Given the fact that only about 1 percent of spending drastically for years to come Congress, I am going to use this credit Americans gave contributions over $200 or now. card wisely and continue to cut spend- more during the last election, it is indis- We have a lot of catching up to do, putable that raising the individual contribu- ing for the future of our children in tions limit will only increase the influence Mr. Speaker. This voting card that we this country because, Mr. Speaker, I of the wealthy on our political process. have has been put in the electronic vot- ask if we are not here to do this for the Mr. Speaker, no wonder the House of ing card slots here for many years run- future of our children, I ask what are Representatives is at one of its all-time ning up deficits that our children, as I we doing here, what are we here for in lowest approval ratings in history. The looked at my children’s faces last the first place? American people have lost confidence week, I felt very sad for the fact that f in this institution’s ability to lead and we have so many years of catching up in this institution’s ability to do the to do to cut spending so that we can REFORM WEEK HAS CEASED TO right thing. preserve their future, Mr. Speaker, so EXIST that when they grow up, they still have The SPEAKER pro tempore. Under a b 2130 previous order of the House, the gentle- the same opportunities that we have in We have no business considering leg- woman from Connecticut [Ms. this country now to live the American islation that will make it even harder DELAURO] is recognized for 5 minutes. dream, as I did. for ordinary individuals to participate I come from a neighborhood, low-in- Ms. DELAURO. Mr. Speaker, Reform Week, it has been on a life support sys- in the political process and make it come neighborhood, primarily Spanish- easier for the rich to participate in this speaking, on the south side of San An- tem for the past few weeks, but now process. tonio, and I had no special privilege the plug has been pulled and Reform This bill is a sham, just in the same when I grew up. All I had was oppor- Week has been officially terminated. way that Reform Week is a sham. Re- tunity guaranteed by this wonderful The Republican leadership announced forming the process has deteriorated country of ours. But at the time I was less than 2 hours ago that Reform into providing political cover to politi- not saddled with the tremendous defi- Week, the much-heralded and touted cians who came to Washington and cit that the Congress had left behind; week that was going to turn the House they promised to make a difference. therefore, as I grew up, and my father of Representatives back over to the Well, it is not going to work. often had to work two jobs to send us American people, has been postponed Even once again the Republican to school, he was not faced with loom- once again. This is the same Reform ‘‘Dear Colleague’’ says, ‘‘The fact is ing mega interest rates and deficits in Week that had become the Reform that H.R. 3760; that is, the Republican his future that we are going to saddle Hour and now has simply ceased to campaign finance reform bill, will not our ability as a family to prosper. exist. give you political cover as we head into That opportunity could be threat- What happened? Well, rather than ac- Reform Week.’’ ened, Mr. Speaker, in the future be- tually engaging in real reform, the Re- We do need to pass real campaign fi- cause if we keep running up the publican leadership in this House had nance reform so that hard-working charges with these credit cards that we decided to bring to the floor of the Americans can participate in the polit- vote with, we are going to threaten the House legislation that would not actu- ical process and that the special inter- future for our children. My constitu- ally reform the system but, quite to ests are limited in the political proc- ents understand this as well, Mr. the contrary, would make it worse. ess. And doing that would go a very, Speaker. They know, I represent one of Ten of my Republican colleagues cir- very long way toward restoring the the poorest districts in the Nation, culated a ‘‘Dear Colleague’’ letter this American people’s faith in our ability they understand how difficult it is to week that said, and I quote, ‘‘Instead of to govern our own House, and it would live on a budget. leveling the playing field in elections, These are tough choices that we this bill will result in greater incum- restore their faith and put in the faith must make and must continue to bent protection. The bill actually in- and the confidence and the trust that make. When we cut the deficit and we creases the amounts that wealthy indi- they would like to put in to those peo- have a balanced budget, we are going viduals can contribute to Federal elec- ple who are elected every 2 years to do to have lower interest rates for our tions.’’ This is the letter. I am not the people’s business. children as well in the future. When making it up. f That is right, they are right. Under they want to buy a car, when they ORDER OF BUSINESS want to borrow money to go to school, current law, an individual can give to go to college, when they want to $25,000. Under the Republican campaign Mr. MICA. Mr. Speaker, I ask unani- buy, make that first purchase to buy a finance reform bill, an individual will mous consent to replace the gentleman stereo or books for college or anything be able to give up to $3.1 million. I have from California [Mr. RIGGS] on the list that they need to sustain themselves, to repeat that because the magnitude of 5-minute special orders. they are going to have lower interest is startling, it truly is. But it is not The SPEAKER pro tempore (Mr. rates as we continue, as this Congress startling when you consider that the HAYWORTH). Is there objection to the has done, in cutting spending to cut Speaker of the House said not too long request of the gentleman from Florida? the deficit and balance the budget. ago that rather than less money in the There was no objection. It is with our children’s hearts in system in terms of campaigns, we need f mind, Mr. Speaker, that I am going to more money into the system. That is continue working to cut spending in why we had this piece of legislation. DRUG ABUSE AND LACK OF LEAD- this Congress, because I know that is Again, an individual will be able to ERSHIP IN THE WHITE HOUSE what the American people want. give up to $3.1 million. Current law The SPEAKER pro tempore. Under a I came from the private sector, never again, individuals can contribute previous order of the House, the gen- ever having held public office before $25,000. It is mind-boggling to think of tleman from Florida [Mr. MICA] is rec- being elected in 1992, and I remember how they have turned this concept of ognized for 5 minutes. what it is like to be in the private sec- reform into something that is totally Mr. MICA. Mr. Speaker, and my col- tor making tough decisions to balance unimaginable to anyone here, let alone leagues, I serve on the committee that the budget at your business, in your the American public who truly believes has been dealing with the FBI files July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7765 misuse question and also serve on the people, 8th, 10th, 12th grades, and we on kids. It makes kids suffer. It does subcommittee that deals with our na- see that the lack of leadership is the substantial harm to children, and it is tional drug policy, and until today I lack of a policy in the Chief Executive very weak on work. It does not really never thought that the two issues Office of this land. do very much to get people to work or would meet until I sat and heard the If you are a parent, you should be make it possible for them to work. testimony of those who work for our concerned. Our children’s drug use is The Castle-Tanner bipartisan sub- Secret Service and viewed the proceed- dramatically up. If you are a minority, stitute, I think, is just the opposite. It ings in the White House. you should be concerned. Our jails are achieves the goals of trying to get peo- What I learned was most disturbing packed with minorities. In Washington, ple off welfare and working, and, at the and concerns me as a citizen, as a Con- DC, we have a record number of same time, making sure that kids are gressman, and someone who has always killings. And throughout our land, protected, that they are not suffering held the White House in the highest re- every time you turn on the news you in terms of food nutrition programs, spect. It is the Chief Executive Office see the mayhem created by drugs, and housing, or the other things that would of our land. 70 percent of those in prisons today are keep them healthy and prepare for First, we heard the tales of an admit- there because of a drug-related inci- their future. ted drug user who ended up as the chief dent, and the President has failed to Now, let me just give an example. personnel security officer for the White mention this or make this a priority. The Republican leadership bill would House, an unbelievable tale in the Let me cite this statistic here. He probably push more than 1 million chil- White House Legal Office of ignoring gave 1,628 statements in 1993 and only dren into poverty, just the opposite of the details of this individual’s past in mentioned drugs 13 times. In 1994 he what most of my constituents would placing him in such an important posi- gave 1,742 Presidential statements and expect it would do. tion. only referred to drug use or drug abuse When it comes to the work program, I have come to the House and talked 11 times. which I say is rather weak, the Con- with my colleagues and tried to call to We see this pattern that has not been gressional Budget Office says that no the attention of the Congress and the a priority of this President. It has not State would be able to meet the work country the situation with drug abuse been a priority of this White House. requirements in the Republican pro- and use and the lack of leadership from What we must have is a President that posal given the resources or the lack of resources that the bill devotes and the White House, and today it really will lead this Nation and people in the gives to States so that they can train struck home what has been happening. Chief Executive Office of this land to people and get them into productive First, we saw the President take of- lead by example. fice, and then in a startling move, he jobs. f The worst example, though, is with cut the White House drug czar’s office. regard to the Food Stamp Program. I He cut the staffing in the White House WELFARE REFORM LEGISLATION do not think that any American would of the drug czar’s office by 85 percent. The SPEAKER pro tempore. Under a think that the purpose of welfare re- That did not make sense. Then he cut previous order of the House, the gen- form would be to cut back on the drug interdiction programs, decimated tleman from New Jersey [Mr. PALLONE] amount of money that the average wel- them, that stopped drugs at their is recognized for 5 minutes. fare recipient has available to pay for source countries, and that did not Mr. PALLONE. Mr. Speaker, I just food, particularly for their children. wanted to spend my 5 minutes tonight make sense and I wondered why. And The Center on Budget and Policy Pri- talking about the so-called welfare re- then the President appointed as the orities did a study, which was issued chief health officer for the Nation, the form legislation that we will be voting today, and it says that the Nation’s Surgeon General, an individual who on tomorrow, and that debate was poorest households, those with incomes said to our children and the American started on tonight. below half of the poverty line, would public, ‘‘Just say maybe. Maybe drugs I intend to be very critical of the Re- lose an average of $650 a year in food are OK.’’ And that did not make sense publican leadership proposal which has stamp benefits under the welfare legis- and I wondered why. been brought up on the floor and to lation now before Congress, the Repub- Now I see this pattern of people who praise, if you will, the bipartisan alter- lican leadership proposal. are in the White House, and most dis- native that has been put forth by the The study also found that working turbing we learn today that the situa- gentleman from Delaware, Congress- poor households, and these are people tion got so bad with people coming in man CASTLE, who is a Republican, and that are working, that receive food that even the Secret Service, and these also the gentleman from Tennessee, stamps, because we know many people are people coming in with drug use and Congressman TANNER, who is a Demo- get food stamps who are not on wel- abuse histories, and some, it appears, crat. fare; in other words, they are not on current activities, that, in fact, the Se- When I talk about welfare reform, Aid to Families with Dependent Chil- cret Service demanded that some ac- and I discuss it with my constituents dren, they are actually working, but tion be taken. And only after, through in my district in New Jersey, what I what the study found is that working what has been called some remedial ac- hear is that most of my constituents poor households that receive food tion, instituting a program within the feel that in the process of welfare re- stamps to help supplement their low White House, was something done. form children should not suffer, chil- wages along with the elderly poor and This administration has talked about dren should not be harmed in any way. poor families with children would lose regulating cigarettes and the harmful What my constituents say they want several hundred dollars a year in food effects of nicotine, and this, I am is they want to get people off welfare cash assistance as well. afraid, has been a diversion. The real to work and to have a future for them- The welfare bills coming this week to question is what has been happening selves and a certain pride in the fact the House and Senate floors contain $28 with drugs, and we can look at the re- that they are working for their fami- billion in food stamp reductions over sults. The results are that marijuana lies. They do not necessarily think the next 6 years, with many of those use among our children, our children, that welfare reform should be money reductions being achieved by across- 50 percent a year each year since this driven; in other words, that we should the-board cuts that affect all groups of administration took office. These are use welfare reform as a way to save the poor. What the report basically not idle statistics. These are facts. money. They seem to be more con- says is that a large share of the welfare If we look at what is happening, this cerned about the need to change the so- bill’s food stamp savings would come chart shows here that in 1980 is when cial fabric, to eliminate the so-called from across-the-board food stamp bene- President Reagan just said no to drug welfare mentality. fit cuts with only 2 percent of the food use, and President Bush, and drug use My point tonight is that the Repub- stamp savings in the bill coming from with our children dropped. Here in 1992, lican leadership bill, which we are provisions to reduce administrative it starts going up, and we see why. going to be voting on tomorrow, I cost, curb fraud or end benefits for peo- Cocaine, heroin, designer drugs are at think falls short in terms of what my ple failing to comply with work re- epidemic proportions with our young constituents want. In fact, it is tough quirements. H7766 CONGRESSIONAL RECORD — HOUSE July 17, 1996

I think that is what most Americans tleman from California [Mr. RIGGS] is Mr. MEEHAN. First of all, Mr. think, that with reform we would say recognized for 5 minutes. Speaker, I thank the gentleman from that if you do not work then you lose [Mr. RIGGS addressed the House. His California not only for reserving an your benefits or that we would try to remarks will appear hereafter in the hour of time but also for his efforts on get at the welfare fraud or curb the Extensions of Remarks.] campaign finance reform. cost of the bureaucracy administering f The Committee on Rules is meeting the program. That is what is happening right now and taking all kinds of testi- here. CAMPAIGN FINANCE REFORM mony, so you never know, maybe they What was supposed to be a historic POSTPONED will come up with a rule that will allow effort to balance the budget has dete- The SPEAKER pro tempore. Under a debate on this bill. riorated into legislation that does rel- the Speaker’s announced policy of May I think that one of the things that atively little to reduce the long-term 12, 1995, the gentleman from California many on the Committee on Rules are deficit, but would substantially in- [Mr. FARR] is recognized for 60 minutes afraid of is that the President will sign crease the depth of poverty and likely as the designee of the minority leader. the bill. President Clinton has said cause substantial numbers of poor chil- Mr. FARR of California. Mr. Speaker, when he spoke in the State of the dren and elderly people to fail to se- I rise tonight during this hour of spe- Union address that we needed cam- cure adequate food and nutrition. cial orders to bring to the attention of paign finance reform and he specifi- Now, the Castle-Tanner substitute, this country, and particularly to my cally mentioned the bill that I have which I will be supporting tomorrow, colleagues in this House, what is going been working with LINDA SMITH from basically ensures that States would be on here in Washington, what is going Washington and CHRIS SHAYS from able to meet the work requirements in on here in this Congress at this mo- Connecticut. It is a bicameral and bi- the bill by providing $3 billion in addi- ment. partisan bill. tional mandatory funds that States We heard earlier speakers talk about He challenged the Congress to pass can access in order to meet the cost of this was going to be the week that has that bill. I cannot help but think that moving welfare recipients to work. been postponed, and it had been post- part of the reason is, President Clinton It costs money to get the States to poned that we were going to have Re- has said, I am going to sign campaign train people to get them to work. That form Week, where Congress was going finance reform if it limits how much is why we need the Castle-Tanner sub- to address all of those issues that the money is spent in congressional elec- stitute. We need a program that is constituents of this country, the peo- tions and begins the process of trying going to get people to work and not ple, have said are broken and need fix- to lessen the influence of special inter- hurt the children. ing. This was the week to fix things. ests. There are some times, with all re- f Just hours ago we were told that the issue that we have all been waiting for, spect, I think that the Republican lead- The SPEAKER pro tempore. Under a one of the biggest issues facing the ership down at the Committee on Rules previous order of the House, the gen- United States in this election year, are afraid the President will actually tleman from Michigan [Mr. SMITH] is campaign reform, has now been taken sign the bill. Would that not be some- recognized for 5 minutes. off the table. thing? [Mr. SMITH of Michigan addressed Mr. FARR of California. Well, I think b 2145 the House. His remarks will appear what your bill and my bill, which is hereafter in the Extensions of Re- Postponed until next week, and who very similar to it, very minor dif- marks.] knows, if not taken up next week, ferences, frankly, our bills, we are rel- f maybe indefinitely. I am here tonight atively new to Congress, but our bills The SPEAKER pro tempore. Under a to talk with some of my colleagues are based on what this House has been previous order of the House, the gen- about the importance of campaign re- able to produce in the 103d Congress, tleman from North Carolina [Mr. form. I am serving in my 21st year of the 102d Congress, the 101st Congress, JONES] is recognized for 5 minutes. elective office, having been in local going all the way back to 1988 to the government, State government. I do [Mr. JONES addressed the House. His 100th Congress. not think there has been a time in remarks will appear hereafter in the The Democrats have led in putting those 21 years when people did not ask Extensions of Remarks.] our campaign reform bills that are me what we are going to do about cam- very much similar to the bill that we f paign reform. are trying to get on the floor now and The SPEAKER pro tempore. Under a In California, a big State, we have in fact had gotten through this House, previous order of the House, the gen- done a lot. It certainly is not enough and every time they have been blocked tleman from Illinois [Mr. MANZULLO] is because there are two measures on the by the Republican leadership. In fact, recognized for 5 minutes. ballot this November that will radi- in one case in 1992, President Bush just [Mr. MANZULLO addressed the cally change campaign law for election before the Presidential elections in 1992 House. His remarks will appear here- to State and local office. Perhaps the vetoed the campaign reform passed by after in the Extensions of Remarks.] one that is most focused on is the Fed- both the House and the Senate. f eral law that governs all of us who get We are back at it again, and I think The SPEAKER pro tempore. Under a elected to the United States Congress. what is so shocking about where we are previous order of the House, the gen- This is an issue that we have been now, because some of the controversies tleman from Minnesota [Mr. working on for many years. My col- in that bill were that you had vouch- GUTKNECHT] is recognized for 5 min- league, MARTY MEEHAN, from Massa- ers, essentially the process where tax- utes. chusetts, has been a strong voice from payers would help pay for the cost of [Mr. GUTKNECHT addressed the the moment he arrived, talking about campaigns and that was always very House. His remarks will appear here- the need for Congress to address cam- controversial. Took those out. No after in the Extensions of Remarks.] paign reform. Indeed, he led a biparti- longer in the bill. san effort to put together a bill that he And what do we see come along from f spoke about earlier tonight that had the other side? Nothing about reform. The SPEAKER pro tempore. Under a about an even number of Democrats There is no reform in the Republican previous order of the House, the gen- and Republicans cosponsor it. leadership bill. There is no reform in tleman from California [Mr. DORAN] is The Republican leadership will not the reform week of the Republican dia- recognized for 5 minutes. even allow that bill to come to the log. We are here tonight, three col- [Mr. DORNAN addressed the House. floor for a vote. Why? Perhaps Mr. leagues who are down in the trenches His remarks will appear hereafter in MEEHAN might want to join me here in fighting for these issues and I think we the Extensions of Remarks.] discussing why his bill cannot even get are befuddled, we are just amazed that f to the floor, and I yield to the gen- the bill they brought forth this week The SPEAKER pro tempore. Under a tleman from Massachusetts [Mr. essentially allows you to auction off previous order of the House, the gen- MEEHAN]. seats in the U.S. Congress. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7767 It says, if you have got money, come Massachusetts, in trying to come up cally was able to get thousand-dollar on down. Buy yourself a campaign seat. with real campaign reform. As the gen- contributions from each of the vendors Move into a district where there is a tleman from Massachusetts says, we or people who dealt with this business poor person living or does not have have actually had the opportunity so that when I looked at his FEC re- much wealth. Use your own wealth, be- when the Democrats were in the major- port, it was just the maximum thou- cause you know to run for Congress, in- ity, and I have been here, I guess this sand-dollar contributions from quite a teresting thing that a lot of people do is my eighth year, we have had the op- few individuals. not understand, the first time you run, portunity in those prior Congresses So what you are leaving out basically you do not have to live in the district. when the Democrats were in the major- is the person who has their own means, You can move in and I would not be ity to vote on real campaign finance their own resources, or who is not in a surprised if there was not an attempt reform. I am not as optimistic as the business or in a position where they to sort of organize people around this gentleman from Massachusetts is, can tap those very wealthy individuals country to say, hey, you with a lot of though, that the Republican freshmen for those thousand-dollar contribu- money, if you really want to get a seat who were voted in overwhelmingly in tions. in the U.S. Congress, go find a district 1994 are necessarily going to be voted If you change the law, as the Repub- under the Republican campaign reform out because they do not campaign fi- lican leadership has proposed, so that bill that would allow you to use your nance reform. I think that what they now instead of $1,000 that individual own money to get elected. are counting on, at least what the can get $2,500 or some of the other There is no reform in the Republican Speaker and the Republican leadership things are in this bill, you are just bill, and we are here tonight appalled are counting on is just being able to making the situation more and more not only at that, and we will go into raise so much money, massive amounts that you either have to be spending some of the details, but I think to also of money from both special interests as your own money or you are just tap- express our dismay at the fact that we well as wealthy individuals to just ba- ping these very wealthy individuals. could not get reform week dealt with, sically have those Republicans who are And I think it is unAmerican. I really we could not get your bill on the floor, now incumbent be able to outspend do. I think a person should be able to and who knows whether we will ever their Democratic rivals, 2, 3, 4, 5 to 1. run for Congress regardless of their fi- get our bill, the Democratic majority The sky is the limit. nancial means. I think most people bill on the floor. I think that this effort in the so- think that, but increasingly it is not Mr. MEEHAN. Mr. Speaker, another called Republican reform bill, which the case. point I wanted to make, we were new has now been postponed maybe indefi- The ideal situation that I would like to this Congress in the 103d Congress. I nitely, was to accomplish just that, to to see, and I have actually voted on it, was part of the largest freshman class make it possible for more money to I am not saying that everyone agrees since 1946. We did not get campaign fi- come from wealthy people. We heard with me, is to lessen the impact of any nance reform because the Republicans some of the speakers earlier say that particular type of source of funding. In in the U.S. Senate filibustered so that instead of a campaign limit of $25,000 other words, you have a maximum cap, bill died. per election, you could actually spend, if you will, on total campaign expendi- But I cannot help but remember the an individual, up to over $3 million tures. You say that only a certain freshman Democrats running for re- under this Republican proposal. amount can be raised with large indi- election and nearly half of them lost. The reason I believe very strongly vidual donors, only a certain amount That is how the Republicans got con- why it did not, is not coming to the with political action committees and a trol of the House. Half of the freshman floor tomorrow is because they could certain amount with small individual class lost. There is a message there for not get the votes. Once people started donors. So you have sort of a diversity Republican freshmen in this Congress. to realize, both on the Republican side and combination of money coming in If this Congress cannot produce a cam- as well as on the Democratic side, that so there is not a dependence on any one paign finance reform that, No. 1, limits this was going to be possible and that source. special interests and, No. 2, caps how what this really was is to bring more Then you have an overall cap. I much money is spent, there is no ques- cash from wealthy people into the would go so far as to say that should be tion that the American people are races, a lot of people balked. matched with public financing, al- going to respond and respond quickly We had, I do not know, I guess about though I know everyone does not nec- and decisively in November. 10 Republicans who initially sent out a essarily agree with that. But this effort We have seen this in the past. We letter to their colleagues pointing that by the Republican leadership to tip the have seen an inability and the public out and saying that the bill should not scale more and more toward very reacts to it. I feel strongly if this Con- be approved. I would be very surprised wealthy people contributing is defi- gress or this House does what it looks if we see it again. I think that they nitely going to wreak havoc on the sys- like it is going to do, which is nothing, have been embarrassed, essentially be- tem and make it impossible for people then the November elections will be an cause of your work, Mr. MEEHAN’s of average means to run for Congress. opportunity for the American people to work, pointing out the flaws with this Mr. FARR of California. I would like respond. legislation. to follow up on that point because the Mr. FARR of California. I agree with I just wanted to say very quickly bill that we designed, I think it is im- the gentleman. I want to defer here for that a lot of times I think that maybe portant to point out, the Democratic a moment to our colleague, FRANK people do not understand practically bill and the bipartisan bill limit the PALLONE, who has been in this well what all this means. If I could just give amount of money you can spend in an many, many nights. We just heard him a brief example, some of which reflects election. ‘‘Limit,’’ you will not find on the concern of welfare reform. I upon my own races that I have run for that word in the Republican bill. The really appreciate it. I think he pointed Congress. word ‘‘limit’’ is not there. out to us that in that debate we have a I think what we are seeing more and What we have tried to look at in tai- lot of people to come down to the well more, and Mr. FARR, you mentioned it, loring this bill, and frankly, you know as conservatives who seem to know the is that you either have to be very why it has been so difficult, because ev- price of everything and the value of wealthy and just spend your own erybody who got elected to Congress is nothing. Transfer that into campaign money, unlimited funds to run for Con- an expert on how they got here. And reform and that price tag is in their gress, which increasingly more and everybody has their own way. And they favor. I appreciate you coming tonight more people do, or you have to be this are biased in one way or another. So it to discuss this issue. person who maybe is not personally is very difficult to put together a bill Mr. PALLONE. Mr. Speaker, if the that wealthy but is in a position where that can garner enough votes to get off gentleman will yield, I just wanted to you can tap very large contributors. this House, but history has shown that day to the gentleman from California Without mentioning names, I ran Democrats have been able to do that. that I appreciate both your efforts, ini- against someone in one of my races Let me point out quickly what we do tiatives, as well as the gentleman from who had a chain of stores, and he basi- here. The Supreme Court has said you H7768 CONGRESSIONAL RECORD — HOUSE July 17, 1996 cannot limit free speech and free bate about the fairness of this in-dis- Republican bill, an individual could speech is, essentially, you cannot limit trict stuff, and you will find if you go conceivably donate $3.1 million to what people want to spend by them- around in Congress, it is not the people State and national parties cumula- selves or others want to spend on you that have the money that are worrying tively. unless you can show that that money is about this. It is the people that come Think about it. corrupting. And some of us argue that from districts that do not have the Mr. FARR of California. That is each massive amounts of money do corrupt. money that are very worried. They are year. But that is a debate yet to be held in worried that they are being penalized. Mr. MEEHAN. Each year. Absolutely, the court. I have to raise my money from my each year. Can you imagine how much We have approached this saying, district, and I can have my opponent money that is? however, the court has never said, and spend any kind of money they want So you have all of these millionaires we think it is constitutional, that if and get help from their party on a na- contributing up to $3 million to the po- you voluntarily limit yourself and say, tional level on top of that. The reform litical parties, and then the parties, I want to run for U.S. Congress and I bill, the bipartisan bill, was fair about taking that money, using the recent am going to operate under this pro- that. They addressed it and say you Supreme Court decision and funneling posal that we have here, that we are of- have to raise the money in your State. millions and millions and millions of fering, that says, OK, you cannot spend They did not limit it just to your dis- dollars into individual districts all more than $600,000. You limit yourself trict. across America from Washington to to that. You challenge your opponents So I think, frankly, if we go back and tell them in the form of 30-second ads to limit themselves to that. look at the Republican effort and why who they should elect to Congress. Once you have done that, that trig- it is so threatening, so damaging, to It is exactly the wrong message; it is gers the mix that you are talking representational government is—and exactly the opposite of what the Amer- about. OK, $600,000 is all you can spend. you listen to the people who got elect- ican public is demanding. That is a lot of money. That is over a ed, people of color, women, the things So this bill is without—this Repub- half a million dollars. That is what was that the kind of people that ought to lican bill is a disaster, and the Demo- the average to get elected, in 1994, to be in the United States Congress—we cratic bill and the bipartisan bill are the U.S. Congress. You have districts ought to be reflective of the people we very, very similar in that for real cam- like New York and Los Angeles and govern out there, and frankly we know, paign finance reform you have to do Chicago where you go out and buy sitting here tonight, and, you know, two things: One is you have to limit, do media and radio and television, much three white males; that is the domi- voluntary limits, the overall amount of more expensive than buying it in very nant composure of the United States money that is spent. Second, what we small rural areas. So some campaigns Congress. That is not the dominant need to do in America is try to find a are more expensive and some are less. composure of the American electorate. way to limit the role the PAC’s are But that is the average, $600,000. Mr. MEEHAN, If the gentleman will playing. Both bills do; there is no ques- You say, all right, of that $600,000, yield, to follow up on that, not only tion both bills do that. Unfortunately, going back to your mix, only a third of those from poorer districts, but what this Republican bill does nothing but it, $200,000, can be raised from political has also happened with the recent infuse millions and millions and mil- action committees. By the way, we United States Supreme Court decision lions of dollars from millionaires. limit the amount that any one politi- relative to political parties making I mean do millionaires not really cal action committee can give to you. contributions in districts, this bill have enough influence in America? I We lower the current law rate. We say, would allow, the Republican bill, would think most people in America would OK, the other third, up to $200,000, can allow hundreds of thousands of dollars say that they already have enough in- be raised from what we call wealthy of special-interest contributions that a fluence in everything we do. For crying contributions. We define those as any- party would raise and go in and basi- out loud, the tobacco lobby has con- body who can contribute $200 or more. cally try to buy that election. tributed $10 million in the past 10 years The final third can be raised or even Well, why would they want to do to Members of Congress. If you look at more can be raised by small contribu- that? Well, they want to do that be- how much money they have contrib- tions, but in no way can the small, cause they are out-raising Democrats uted to the Republican Party since large, and PAC contributions in aggre- by record numbers. Why are they out- they have gotten in office, it has grown gate exceed $600,000. raising Democrats? Because we do not dramatically. have hearings any more in the House of So that is what this is all about. It is b 2200 Representatives. All of the legislation about Republican Party takes control, So we have the mix there. You can- that we are dealing with, somebody de- raises millions and millions of dollars not be unduly influenced. We have lim- cides over here or over there without a setting all kinds of records and then its there. And that is so important to hearing, behind closed doors, and then says, well, we want the person with the beginning a step about campaign re- it comes to the floor, and we see that most money to win. form. the very interest that we are to be pro- Mr. PALLONE. If the gentleman And lastly let me say one of the tecting people against have helped would yield, I think in many ways the things that really bothers me about write the bills. And those same inter- most significant thing that both of you the Republican bill. ests time and time again show up on mentioned was—and specifically, Mr. It sounds like good government, and campaign reports, show up contribut- FARR mentioned—that none of the Re- I think a lot of people listening will ing to the parties, and then the parties publican bills, and maybe I should not say it is. They require that if you are are going to be able to take this money say none, but certainly none that I going to run for Congress, you have to and influence individual districts all have seen, actually have a cap on cam- raise 50 percent of your money in your over America. That is taking the power paign spending, and that is what is district. That sounds good, in your dis- away from individual districts and really so important. Whatever means I trict. But think about it for a minute. bringing it into the party bosses in think the Republican leadership can What if you live in a really poor dis- Washington where they will determine find to try to spend as much money as trict, and because in their bill they put whether it is 2 or 3 or $400,000 in nega- possible is what their real goal is here, no limits on what an individual can tive ads or whatever they are going to and that is why they are bringing forth contribute, and by the way in our bill decide. this bill or tried unsuccessfully so far you cannot contribute more than That is exactly what the American to bring forth this bill that allows so $50,000 of your own money. So if you people do not want. They do not want much more money to come from large are a very wealthy person, you are lim- Washington to be determining who contributors. ited if you want to go by the campaign wins a congressional election. They I just had this quote, which I looked reform limits. But they do not do that. want to decide those races at home. at before but I just have to read again, So what you are doing is you are say- So that is the other point on that, where Speaker GINRGICH calls for more ing this is where you get into this de- this bill that would, according to the money in politics, not less, and it is July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7769 from last year where he said one of the you can make those Members of Con- contributions, are not exerting influ- greatest myths of modern politics is gress more reflect just that bottom- ence on Congress or on politicians the that campaigns are too expensive, the line mentality that everything has a way, for example, that political action political process in fact is underfunded. price tag on it, there is not a better committees would, and to me it is sort It is not overfunded. I would emphasize way to do that than the campaign re- of ironic because I do not really put a far more money in the political sys- form bill, the campaign—no reforming tag on any particular kind of contribu- tem. it—the campaign bill that has been in- tion. I really think that what we need Now that says it all. I mean he just troduced by our colleague, Mr. THOMAS. to do is to create a diversity of con- wants more money to be available and Mr. MEEHAN. If the gentleman tributions and limit the overall more money to be spent, and the whole would yield, let me just get into a cou- amount of money that is spent which is idea, the cap on campaign expendi- ple of specifics. These are probably the essentially what your bill would do, tures, is anathema to him and, I be- five worst things about the Republican Mr. FARR. lieve, to the Republic leadership, and bill. But the Republican bill vastly in- But this myth that somehow if some- that is why you are not going to see a creases all of the—nearly all—of the one gives a thousand dollars individ- cap. Regardless of the mix that is contributions set in current law. ually, that is clean, or under this Re- achieved to reach that cap, you are not Reforming campaigns, let us face it. publican proposal that they give $2,500, going to see that cap in something that It is about limiting the influence of that that is clean, but a PAC is not they support because they just do not money, not expanding it. clean or some other method is not think they want to spend more money. The Republican bill would also allow clean. And I always think to myself, if Mr. MEEHAN. If my colleague will an individual to contribute $310,000 to there is a large corporation and the in- yield, that point is right on point and campaigns in political parties in a sin- dividuals in that corporation contrib- exactly the truth. Since the beginning, gle election cycle. That is more than 10 ute to the political action committee Republican leadership has been wedded times the current legal limit. and then a check was written for $5,000 to the special-interests corporate con- Now, we have already mentioned that to a Congressman from that PAC so to tributions that drive their agenda. according to the Republican bill, an in- speak, how was that any different from That is what they have been wedded, dividual could conceivably donate $3.1 the five individuals or ten individuals protecting big tobacco, sheltering cor- million to State and national parties each; you know, the chairman of the porate subsidies, promoting environ- cumulatively. The Republican bill also corporation, the president of the cor- mental regulation and rolling back en- codifies the soft-money loophole in the poration, the various vice presidents of vironmental laws. These goals are not current law, which is how millions and the corporation, each writing an indi- driven by the views of the American millions of these dollars slip in. It is vidual check for a thousand dollars, or people, they are not driven by the through the soft money. in this case, you know, as they pro- views of the public. They are on the The Republican bill also vastly in- posed it would be $2,500. The ability of high-priorities list of the biggest con- creases the role of national parties in people to influence is no different tributors to the Republican Party. local elections. That is a move that whether they are running an individual That is was this is about. would clearly benefit the Republican check or they are contributing to a po- Mr. FARR of California. And look parties because, as they are in the ma- litical action committee. what has happened this year and last jority, raising millions and millions of I think that the answer is to simply year. What we have seen here and why dollars, they are hoping, as we said ear- limit the overall amount that can be we even need to have a reform week is lier, that they can buy close elections spent and the amount that can be con- some of the abuses of this institution because of all of the money they are tributed, if you will, from these indi- that have been carried out by this lead- raising. vidual sources so that if you say, for ership, lobbyists literally sitting and Those are five of the worst reasons, example, that a PAC can give $5,000, writing the bills, not the paid profes- worst things about this bill, and I but you require that a lot of that be sional staff of Congress. Lobbyists and think the reason they cancel Reform small donations, OK, maybe that is former Members who are lobbyists Week, and let us be clear about this. some sort of reform, or if you say that, being able to be at the dais during a de- How long have we been hearing about as you propose, that you can only have bate, the fact that the attack has been Reform Week? We are going to so many individual large contributions on sort of the monied interests, the straighten everything out in Reform or so many PAC contributions, that is money interests that would rather cut Week, we are going to limit how much reform. But they keep, the Republican it out for us rather than preserve it, money is spent, we are going to change leadership, keeps putting out this no- the money interests that would rather the system, we are going to change the tion I call a myth that individual con- pollute our drinking water than clean way Congress does business. tributions are somehow OK and that it up, the money interests that would Nonsense. Here we are. It is Wednes- they are not going to influence people, rather keep minimum wage from being day night at 10:15 Washington time, and therefore it is OK to increase them passed and signed into law, the money and we do not have Reform Week. The and perhaps to almost unlimited interests that would like to make sure Committee on Rules is up considering a amounts, and it is simply not true. that welfare reform is all about just bill that goes in the opposite direction. There is no difference between the making people work, which is fine, but NEWT GINGRICH is one of the only president of the corporation writing me who is going to provide the jobs out people in America that thinks you re- a check and having him contribute to a there? form the system by putting more PAC that writes me a check. I do not So you begin to see that there is a money into it. It is absolutely ridicu- see it, and I know for a fact that a lot very conservative agenda building in lous, and I cannot imagine the response of times when individuals contribute to Congress, and that agenda is only of people in this country over the next your campaign, and particularly if it is thwarted by the fact that this room is few days when they realize Reform a large donation, a lot of times they made up of a awful lot of diverse people Week was a sham, it never happened. expect, you know, to have access or to who come here with viewpoints dif- Maybe some day next week, maybe be treated or, you know, to have your ferent from just a one standard cookie- next month, maybe next year. ear just as much or if not more than cutter financial bottom line ‘‘what is I think the American people are some of the other special interests that in it for me,’’ and that has been able to going to respond very, very angrily to contribute through a political action make the Congress the vibrant place what has happened here tonight. committee. that it is. Mr. PALLONE. If the gentleman will f If you do not like the product that is yield, and I have to confess that I am coming out of here and the product going to have to leave after this re- b 2215 that the Democratic leadership is add- mark, but one of the myths that I con- But we keep hearing this from the ing here, you want to change that, and stantly hear from the Republican lead- Republicans, it is okay to keep coming the best way to change that is to ership is this notion that somehow in- with those individual large contribu- change the Members of Congress, and if dividual contributions, large individual tors. H7770 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. FARR of California. Mr. Speaker, Mr. MEEHAN. Mr. Speaker, if the by a vote on the Republican bill, if that before the gentleman leaves, I just gentleman would yield for just a ever became law, is that I think it want to comment, and I think it is true minute, we have been working hard on would kill the very dream that people in your office, and I would be curious this bipartisan bill. The gentleman have when they come into this building to know, we have received 362 letters in from Connecticut, CHRIS SHAYS, and that they or maybe a relative or son or favor of limiting campaign finance in the gentlewoman from Washington, daughter, and certainly as I talk to, I congressional campaigns. We have re- LINDA SMITH, ironically enough, LINDA know you talk to all the school chil- ceived two to suggest we ought to SMITH and I, for example, we do not dren that we meet with every week, spend more money, or are opposed to agree on very much. She is a conserv- and I would like to instill in them that the limits. It is running over 150 to 1 in ative Republican and I am a more pro- there are ordinary people serving in favor of exactly what we are doing. gressive Democrat. But the one thing Congress, and that they too, maybe not I presume your mail is in the same that we do agree on is the fact that we even knowing it at young school age or category, so what boggles my mind is will never get to balance the budget high school age or a young student in how do you come up with a bill they fairly, we will never get decisions made college, that they could someday serve have come up with that goes just oppo- in Washington on the merits until we in the United States Congress, because site, that blows all the lids, takes all change the campaign finance laws. if they look around, that is what this the limits off current law and says just It is really frustrating to be here Congress has been made up of. more money, more expensive cam- again, near the end of another session, I think that the bill that is being de- paigns, money buys influence, let us and see all the publicity that the Re- bated in the Committee on Rules to be get more of it? publican majority got about having re- brought to the floor as the major bill, Mr. PALLONE. I really think what form week and see it turn into nothing as the Republican leadership bill for happens, Mr. Speaker, is that the Re- but a total fluke, a sham. They are not campaign reform, would kill the oppor- publican leadership takes advantage of going to do it. It is just really, really tunity for ordinary people to become the fact that the campaign finance sys- frustrating. Members of Congress. That would be The one thing about it that I think tem is a complicated structure and the greatest tragedy we could ever per- that the American people get is that that most people really do not under- form on this institution that we are so the worst thing that we could do is stand how it applies to individual proud of. races. We understand it because we are nothing. The worst thing we could do is Mr. MEEHAN. There is no question to publicize a reform week and then in it, but a lot of people do not. So they about that. I did get married last week- have nothing. I think ultimately the just try to basically throw out to the end, and I come from a large family, American people will have their say. It public these myths. and my father worked as a compositor I am very glad to see that this latest may be a complicated issue, but they at the Lowell Sun, and my mother understand that we need less money, effort on their part to try to basically raised 7 children. I am very fortunate not more money, spent in the electoral raise the individual limits and get so to have the opportunity to have been process, in elections in this country. much more money into campaigns have able to get elected to the Congress. They understand we need to level the been exposed. As I think I mentioned Could you imagine a system where playing fields so that people of aver- before, or maybe I did not, we have all the political parties, the bosses in age, modest means are able to get onto the public interest groups opposing Washington, determined, well, we are the people of average, modest means this bill: Common Cause, Public Citi- going to spend a few hundred thousand are able to get onto the ballot in dis- zen, the League of Women Voters. dollars in the Fifth District up in Mas- tricts all across America; whether they There was an editorial in the New York sachusetts because we do not want to are liberal or Democratic, Republican Times today, as well as in a lot of my see this former prosecutor get elected. or conservative, are able to get on and local papers, criticizing the proposal. I never would be here, and there are a run for Congress. That is what democ- lot of other people who would not be We even have some of the Republicans racy is all about. who put out a letter opposing it. As long as we have the corrupting in- here if we had a campaign finance sys- We are sort of fortunate, in a way, fluence of millions and millions and tem that allowed an individual person that this has been exposed for what it millions of dollars being spent on these to contribute $3.1 million to political truly is, a way to try to put a lot more campaigns, the American public is parties all over the country, and then cash into the campaigns. But I think a going to be suspicious of decisions that those parties can funnel this money lot of times it is a complicated subject, have been made. I think ultimately, into congressional races. and it is very difficult sometimes to maybe it will not be this Congress, but There is no way that a lot of people make people understand how it works I think ultimately the American peo- would be here, and increasingly, more in practical terms. ple are going to demand the type of re- and more people are getting elected to That is why I think it is so important form we have been fighting for. Congress because of money. It is the to do what the two of you are doing to- Mr. FARR of California. I appreciate wrong direction. The American people night, by trying to expose it for what it my colleague’s passion on this, Mr. understand that. They feel that. They really is. Speaker. The gentleman got married may not understand the intricacies of Mr. FARR of California. I appreciate last weekend and he is down here giv- election law, but they know that we you coming down tonight. You have a ing up part of his honeymoon to be need less money, not more money, in family, it is a little late, and you have here and talk about reform week. the system. That is why the Repub- young kids at home. I hope you will get Mr. MEEHAN. I thought we were licans are going to have a lot of dif- a chance to see them tonight with the going to be here to do reform week. I ficulty getting the votes on this ridicu- little time that is left. That will leave have been working for 3 years. I can lous bill to increase the influence of the gentleman from Massachusetts just imagine my wife at home saying, money in American politics. [Mr. MEEHAN] and myself here. We have wait a minute, they are not doing cam- Mr. FARR of California. Mr. Speaker, been two of the sponsors of the major paign finance reform. You told me you I appreciate the gentleman’s remarks. I alternatives to the bad bill that we had to be there for campaign finance want to continue on, because we have have been talking about all night. reform. But what are you going to do? in the gallery tonight guests that are I want to just publicly thank you for The Committee on Rules just a few here watching this debate, and I think the effort that you have had in leading hours ago made the decision to block we see night after night people coming the bipartisan effort to bring a sensible again changing the way our campaigns here to watch. bill to the floor for a vote, and hope- are financed. I guess the priest said for- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE fully you will get that vote. I am cer- giveness is important, so hopefully she The SPEAKER pro tempore. The tainly supportive of it. If that is not will remember that when she finds out Chair would remind the gentleman successful, then the bill that I have au- that campaign finance reform again that he should refrain from references thored, which is just about the same ended up on the back burner. to the guests in the gallery. bill with some minor changes, I hope Mr. FARR of California. I think the Mr. FARR of California. Thank you, will prevail in lieu of that. biggest tragedy that would be caused Mr. Speaker. People come here from all July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7771 over the world to watch Congress in the U.S. Senate they did not take up have believed it. Let me just say there session. It is an opportunity to see how this battle. Senator Dole said, ‘‘I want are a number of Republicans who are in this country laws are made. nothing to do with it.’’ committed to campaign finance re- What we are about tonight is the spe- What did we do? As a payback to over form. I have worked diligently, day in cial order talking about what is going $300,000 that were contributed by these and day out with the gentleman from on in a room upstairs here called the interests, the NRA and other interests, Connecticut [Mr. SHAYS] and the gen- Committee on Rules room, where they we have a debate for an entire day on tlewoman from Washington [Mrs. determine the rules to bring bills to repealing the assault weapons ban. SMITH]. They are fully and totally com- the floor: whether the bill will come to Think of it. We pass the toughest, mitted to campaign finance reform. the floor, what kind of amendments smartest crime bill, bipartisan, by the Mr. Speaker, the problem is with can be offered to the bill, how much way, and Republicans helped pass that their leadership. The problem is when time there will be for debate, whether bill, as well as Democrats did. We pass the Speaker of the House testifies be- the amendments are in order. it, and then in this Congress there were fore a congressional committee that As we saw, this was the promise that compliments made in the last election, there is not enough money being spent this would be the week that these is- all kinds of money invested, literally in the political process, that in fact we sues would all be addressed on the millions of dollars invested in special need to raise the limit, more than dou- floor. We are here at almost 10:30 at interest gun lobby money, and we ble the limits of what individuals can night in Washington, DC, and we have spend an entire day voting to repeal contribute. Then the problem is with no resolution to this promise that was the assault weapons ban. the Republican leadership. That is made to this Congress. As far as I can see, Mr. Speaker, that what the American people are respond- Mr. MEEHAN. Mr. Speaker, if the was nothing more than payback time. I ing to. How is it that we have a leader- gentleman will continue to yield, I said that at that time. We had a whole ship that promised to change the way guess the only promise we have is that day debate over it on a Friday. And Congress does business, has an oppor- we are not going to have reform week. here we are, trying to debate one of the tunity to fundamentally change the Let me also say one of the reasons fundamentally most important reforms way Congress does business? The President has been asking for why there was reform in terms of what a country like ours could ever insti- this bipartisan bill all year long, chal- happened on the floor of this House tute, campaign finance reform. And lenging the Congress to pass limits on when television cameras were brought guess what? The Committee on Rules is how much money is spent, challenging in, the American people got an oppor- up there determining we are not going the Congress to set some limits on spe- tunity to see what happened firsthand, to debate it this week, we are not going was to get people involved in the proc- cial interest money. We lost by six to deal with it. They were only going votes in the bipartisan bill over in the ess. I think once the American people to give us an hour or so on it anyway. hear the debate on this floor, they are U.S. Senate. If the House could pass I just think back to an entire day on real bipartisan campaign finance re- going to respond to the fact that the repealing the assault weapons ban that Republicans have not done anything form, I believe that it would result in was part of the crime bill, with biparti- action in the other body. But instead, about reform week. san support. And here we are, and we Not only that, you mentioned the we have a bill that even Members of cannot even get a vote on campaign fi- the Republican party are embarrassed letters in your office. Clearly the nance reform. It is absolutely incred- American people who watch the debate about, totally embarrassed. ible to me and incredible to the Amer- Some of my colleagues read the Dear on the floor here day in and day out, ican public, how that could happen. Colleague letter that was sent around and there are thousands who do, who Mr. FARR of California. It may by, I believe, 10 Republican Members, watch the debate day in and day out, speak to how bad it has gotten in Republican Members who want to see will be appalled to find out that we are Washington. That is that the interests real campaign finance reform. They are doing nothing on campaign finance re- that you just talked about and others embarrassed and they are appalled. form. really would not want a campaign re- What do we do? We say, All right, if I wanted to mention one other thing, form bill. You can see them out lobby- you guys are embarrassed, if you guys Mr. Speaker. I mentioned the tobacco ing against it. are appalled, we’ll do nothing. Let’s industry, because I have been involved What it would do, it would limit the take it up later. in the whole issue of trying to prevent amount of money that they could give That never ever should have been kids in America from being susceptible any one candidate. It would require done. We should have known it was to tobacco, a product that kills over that if they put out bulletins independ- coming when the Speaker testified be- 400,000 people a year in this country. ent of the candidate, that they would fore the congressional reform commit- One of the difficult things about that have to disclose those as a campaign tee and said: Hey, look, we do not need battle is the amount of money that to- piece. If they put out your voting to limit how much money is spent. We bacco companies invest in political record and said your voting record is need to increase it so we can compete campaigns and in the political parties. good because it supports us or it is bad with Coca-Cola and the major compa- When I see a bill come before the because it opposes us, that at campaign nies. Congress of the United States at a time time could be considered a campaign We are talking about elections in a when States all over America are in- piece, and they would have to be reg- democracy. We are not talking about creasing the tax on cigarettes, we are istered as giving an in-kind contribu- selling away to the highest bidder. We still providing subsidies to tobacco tion to the candidate that it benefited. are talking about how we elect people companies. Guess what? Every time They do not like that. They do not to the U.S. Congress and whose interest there is a proposal that comes before want that kind of disclosure. they are going to represent. We are not the floor, it loses, to end these sub- So this campaign reform really hits, talking about competing with Motor- sidies. the Democratic version hits at the very ola or competing for billions of dollars The assault weapons ban. That de- concerns that some of the biggest spe- in advertising on the television set. Ab- bate that we had on the floor of the cial interests and most controversial solutely the wrong message. We should Congress on assault weapons I felt was special interests in Washington have. have known this was going to happen really an appalling debate. There was a as soon as the Speaker said he wanted b 2230 press report that shows that there were to see more money in the process. Members in the majority, the leader- On the other hand, the leadership bill Mr. Speaker, I guess we should not be ship are the party that made commit- comes to the floor with no limits. They surprised, but I have to admit I am sur- ments to the NRA and other groups could buy and sell and own campaign prised that just 2 weeks ago the press that we would have a vote to reverse elections throughout America. releases were going out about reform the ban on assault weapons. No one in Mr. MEEHAN. Actually, if the gen- week. And here we are, Wednesday at America wanted that assault weapons tleman will yield, I would never believe 10:30. Everyone is going home tomor- ban to be repealed. All of the public that the majority party would come in row at 4, and we have done nothing on opinion polls were against it. Even in with a bill like that. I just never would reform, absolutely, positively nothing. H7772 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. FARR of California. Reclaiming single biggest failure of this Congress, partisan bill pass. We have worked my time, Mr. Speaker, does the gen- to get that bill or some bill that the with both sides. The gentleman wants tleman get the sense that this reform President can sign over to him. Repub- to ask a question, we have answered effort, so-called reform effort by the licans have come up with the only con- the question, and the public record is Republican leadership is actually im- ceivable bill that the President would clear. This bill in the last Congress was ploding on them, that it is blowing up? not sign, a bill that increases rather killed by a Republican filibuster. If we Because we frankly have, between the than decreases the influence of money want to lay blame, we will give a little Members that have cosponsored your in American politics. bit of the blame to Democrats that are bill and the Members that have voted So I give them credit for that. They not pushing the bill quickly enough. for my bill in the past, we have enough have found a bill the President cannot But the bottom line to this is we have votes to put our bill out. Frankly, we support. It is a bill that increases the an opportunity to pass a bipartisan have enough time left where that bill amount of money individuals can con- campaign finance reform bill, and what could become law and signed by the tribute. do the Republicans come up with? With President, and we have a letter from Mr. FARR of California. Mr. Speaker, a bill that increases how much money the President saying, if the measure I am not sure they can even get enough is spent on elections. gets to his desk, he will sign it. He is support from their own Congress. For- Mr. KINGSTON. Are we going to de- very supportive of the Farr bill. tunately I do not think they will get bate or grandstand? I get the sense that one of the rea- the support. Mr. MEEHAN. Neither part have had sons we see a lot of this sort of slippage Mr. KINGSTON. Mr. Speaker, if the the audacity to submit to the Congress and speculation here that things are gentleman will yield, I heard my col- a bill that increases limits. blowing up is because we really have a league say some people over here were Mr. KINGSTON. Are we going to de- chance to do campaign reform because interested in the debate. I wanted to bate or grandstand? the American public has spoken. They actually have a debate instead of peo- The SPEAKER pro tempore (Mr. want it. They like this bill. They like ple throwing softballs back and forth HAYWORTH). The gentleman from Geor- your bill. They like my bill. They like at each other. gia will suspend. The gentleman from them so much better than the alter- Mr. MEHAN. Go ahead. Ask a ques- California controls the time. native that they have allowed their tion. Mr. FARR of California. I thank the voices to be heard here in Washington. Mr. KINGSTON. The question is, as I Speaker. We have a few minutes left. I The letters are coming in. The have listened to my colleague and the would rather not yield to the gen- League of Women Voters, a strong ad- gentleman who left earlier, and I be- tleman. He can have the next hour and vocate group here, nonpartisan, has let lieve we are in the same class, the gen- speak as much as he wants. Congress know that they want to see tleman is a freshman class Democrat. Mr. KINGSTON. And I will be glad to campaign reform. Mr. MEEHAN. Could the gentleman yield to you on my time if you do want Does the gentleman have a sense that ask a question? to have a debate. the Republican bill is really exploding Mr. KINGSTON. Absolutely. I did not The SPEAKER pro tempore. The gen- in their face, so to speak? want to derail it by just coming out. tleman from Georgia will suspend. The Mr. MEEHAN. Mr. Speaker, it is in- But the Democrats had a reform bill, gentleman from California controls the teresting. I have talked to a lot of my Republican freshmen had a reform bill time. colleagues on both sides of the aisle, in the 103rd previous Congress. Then if Mr. FARR of California. I thank the and they say: Look, the President is I recall correctly, the Democrats con- Speaker. going to sign campaign finance reform. trolled the House, the Democrats con- Mr. MEEHAN. If the gentleman will There are all kinds of different ver- trolled the Senate, and President Clin- yield further, obviously we are finish- sions. But if it is true campaign fi- ton was in the White House. I am just ing up our debate. The gentleman had nance reform, this President is going kind of wondering why we did not have a question, and it was a great question, to sign it. I believe that. The President campaign reform then. If it is fair to ‘‘Should we not blame the Democrats?’’ is willing to compromise. If he can get blame it on Republicans at this point, The truth was the bill in the 103d any kind of limits on how much money why would it not be fair to blame it on Congress had bipartisan support, it is spent, I think he is going to sign the Democrats? died in a Republican filibuster, and bill. An I think that is what they are Mr. FARR of California. I am glad never got to the President. Clearly afraid of. the gentleman asked, because in the President Clinton would have signed Mr. Speaker, what do they do? They 103d Congress with a bipartisan vote, that bill had it gotten there on time. come up with the only possible idea or we passed a bill over to the Senate. It Mr. FARR of California. We do not notion to make the President not sign was very similar to the bill that Presi- even need to go back to last year. We the bill. Okay, we will put more money dent Bush had vetoed in 1992. That bill can talk about this year. We have the in the process. Obviously the President ironically was filibustered by none same action by the Republican leader- is going to sign this bill. I am reminded other than Senator GRAMM who ship in the Senate this year on the bill of when the Congress rushed to pass blocked it from the conferees being ap- that was a counter bill to the one the campaign finance reform when Presi- pointed. It was again a Republican de- gentleman has authored in this House. dent Bush indicated he was going to feat of a Democratic bill as it had been Mr. MEEHAN. That is exactly right. veto the bill. That bill got right over to in the 102d, in the 101st and 100th Con- It was a bipartisan bill. I worked with the President’s desk right away so the gress, every one of those Congresses. Senator MCCAIN who did an outstand- President could veto it, and everyone Mr. MEEHAN. If the gentleman ing job working this bill and trying to went home. But now we have a Presi- would yield to me, I am really glad for get Members of the Republican Party dent that is over there at the White that question because that is exactly to support this bill. What happened? House waiting for a campaign finance what happened with the bill. There was The Republicans killed that bill in the reform bill, willing to sign it, pushing a Republican filibuster. This House U.S. Senate. I worked diligently with the Congress to try to get some kind of passed it, it was bipartisan because Senator MCCAIN on that. He did a great limits, and guess what? Congress is that is when I started working with my job. But the Republican majority in blinking. colleague from Connecticut, CHRIS the Senate killed that bill. I testified There is not going to be a campaign SHAYS. Let me just say, I have worked before a Senate committee over there. finance reform bill that is going to go diligently in a bipartisan way to pass The fact of the matter is that the in- to the President’s desk. I will tell the campaign finance reform. I have creases in campaign contributions that gentleman that there is no greater fail- worked with Republicans on campaign the Republican Party are enjoying at ure of this Congress that the inability finance reform in this session since I this point I think prevents any real of the Congress to get a campaign fi- got here. There are a number of Repub- campaign finance reform. nance reform bill over to the Presi- licans who are committed to campaign Just for the record, that bill over in dent’s desk. That will be viewed in his- finance reform. There are 20 Repub- the Senate that the gentleman from tory and by the American people as the licans on my bill who want to see a bi- California [Mr. FARR] mentioned is a July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7773 bipartisan bill. It is not about Demo- REPORT ON RESOLUTION PROVID- we cannot is the issue of soft money crats or Republicans. I recognize the ING FOR FURTHER CONSIDER- and the practice of unions and big fact that we cannot get a bill to the ATION OF H.R. 3734, PERSONAL union PACs to participate in elections President without Republican support. RESPONSIBILITY ACT OF 1996 and not even to have to report that That is why I went out and worked Mr. GOSS (during consideration of money even though it is spent on be- with the Republicans to get a bill that the Special Order of the gentleman half of a candidate. They can come into we could agree on, a bipartisan bill. from Georgia, Mr. KINGSTON) from the a district and spend under the label of But it has to limit how much money is Committee on Rules, submitted a priv- soft money, an independent expendi- spent. Otherwise, it is not real reform. ileged report (Rept. No. 104–686) on the ture of money on ads, money directed I am delighted to have had this oppor- resolution (H. Res. 482) providing for toward the incumbent Republican, al- tunity to speak out about my biparti- further consideration of the bill (H.R. most unlimited, and there is no check san bill and the really sorry state of af- 3734) to provide for reconciliation pur- on that. fairs that we are faced with here on Re- suant to section 201(a)(1) of the concur- True campaign finance reform would form Week, day 3, I guess. We are going rent resolution on the budget for fiscal account for all political money, not to leave tomorrow, I guess, not doing year 1997, which was referred to the just the reportable money, and I hope anything in terms of any of the re- House Calendar and ordered to be that we do get some Democrats who forms that were advertised, including printed. are willing to stand up to the big union campaign finance reform. bosses. I know that they are raising $35 f Mr. FARR of California. I think his- million on behalf of Democrat can- tory will show as we end this debate MORE ON REFORM WEEK didates right now and Democrats are here that the Democratic caucus with somewhat very reluctant to take on The SPEAKER pro tempore. Under bipartisan support in the past has such a cash cow, but it would be great the Speaker’s announced policy of May passed campaign reform out of this if they would. 12, 1995, the gentleman from Georgia House, in the 103d Congress, the 102d Just to give Members some idea, [Mr. KINGSTON] is recognized for 60 Congress, the 101st Congress, and the AFL–CIO in 1994 spent $804,000 on Dem- minutes as the designee of the major- 100th Congress and in every one of ocrat congressional candidates, 99 per- ity leader. those instances, that action has been cent of their contributions. The Amer- Mr. KINGSTON. Mr. Speaker, I ap- thwarted by Republican actions either ican Federation of Teachers spent preciate the time and wanted to say in the Senate or a veto by a Republican $1,053,000; 99.3 percent of their total first of all a couple of things about the, President. It is obvious that the cam- contributions went to Democrats. The and I am not going to call it a debate, paign reform that we are talking about American Trial Lawyers Association my friends from the other side of the that the American public wants and spent 94 percent of their campaign con- aisle who would yield 1 minute and has supported these number of years is tributions on Democrat candidates, then go off on a tirade. I do not think about to be thwarted by actions in this $1,759,000. The Human Rights folks that is quite a debate, but then again I House as well, It is a tragedy. It is a spent 96.5 percent of their money on am not from their districts. tragedy that Reform Week has dimin- Democrats. That is $470,000. The Com- But I want to point out one thing, ished into this kind of strained effort munity Action Program spent 96 per- Mr. Speaker. The Clinton administra- to not have effective campaign reform. cent of their money on Democrats, tion came to office, and they have been I thank the gentleman for coming $42,000. The International Longshore- in office for 31⁄2 years. They enjoyed 2 down tonight and being in the well and man’s, $300,000, which was 96 percent years of majority rule in the Senate sharing his thoughts with me as one of going to Democrats. The IUE, this is and in the House. During that period of the leaders in campaign reform in some other union, I am not sure which, time, campaign finance reform was not America. $204,000, 100 percent going to Demo- passed. I have heard that PHIL GRAMM Mr. MEEHAN. I compliment the gen- crats. The International Union of was the problem. Bricklayers, $143,000 going to Democrat tleman for having this hour on cam- Who controlled the Senate during paign finance reform. candidates, 98.9 percent of their entire that period of time? Obviously the budget of contributions. The National Democrats did. If they are going to f Education Association, $1,968,000; 99 bring in partisan politics, then it cer- percent of it going to Democrats. And tainly stands to reason it should have one more, the UAW union PAC, ANNOUNCEMENT BY THE SPEAKER passed under their watch the first 2 $1,914,000, 99 percent going to Democrat PRO TEMPORE years. candidates. I would say if you want The SPEAKER pro tempore. The I know this, Mr. Speaker, because I true campaign finance reform, this has Chair would remind all speakers that it worked with TILLIE FOWLER and PETER to be included in the formula. is inappropriate to characterize pos- TORKILDSEN on a campaign finance bill Mr. Speaker, the gentleman from sible action or inaction in the other that we introduced as a freshman class. Massachusetts wanted some time, and body. b 2215 let me yield to him. Mr. MEEHAN. Mr. Speaker, I thank f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the gentleman for yielding. The SPEAKER pro tempore. If the Mr. Speaker, I was just going to gentleman from Georgia would sus- make the point that the bipartisan bill, REPORT ON RESOLUTION PROVID- pend, the Chair would remind all those which I have been working on with ING FOR CONSIDERATION OF assembled that it is inappropriate to CHRIS SHAYS and with LINDA SMITH, H.R. 3820, CAMPAIGN FINANCE discuss individual Members of the would in fact limit, in fact the first REFORM ACT OF 1996 other body or action or inaction they provision is to abolish PAC money. The Mr. SOLOMON (during consideration may have taken with regard to legisla- second fall-back provision because of of the Special Order of the gentleman tion. constitutional problems is to limit from Georgia, Mr. KINGSTON) from the Mr. KINGSTON. I understand that, PAC’s to $1,000 per primary, $1,000 for Committee on Rules, submitted a priv- Mr. Speaker, and I appreciate that general. And there are 21 Democrats on ileged report (Rept. No. 104–685) on the point. that particular bill so I think the char- resolution (H. Res. 481) providing for Let the record be clear that the Sen- acterization of Democrats is inac- consideration of the bill (H.R. 3820) to ate and the House were controlled by curate. amend the Federal Election Campaign Democrats for the 2-year period of Mr. KINGSTON. Reclaiming the time Act of 1971 to reform the financing of time. The House Republicans have been just a minute with the intent of yield- Federal election campaigns, and for working on campaign finance reform ing back to you for further expla- other purposes, which was referred to on a bipartisan basis for some time nation, does your bill also limit or the House Calendar and ordered to be now, and one of the issues that we are eliminate independent expenditures, printed. trying to get bipartisan support on but such as those that have been targeted H7774 CONGRESSIONAL RECORD — HOUSE July 17, 1996 by the AFL–CIO to the tune of $35 mil- cided to stop contributing more to than, in a 2-year cycle, $6,000. That is lion? Democrats and retool their efforts con- what you are missing. You are missing Mr. MEEHAN. The U.S. Supreme tributing to Republicans after NEWT this sort of idea of putting any kind of Court has just recently ruled that one GINGRICH and the Republicans took limits on an individual. cannot limit the independent expendi- over? Mr. KINGSTON. Reclaiming my tures in these races. But what we do is Mr. KINGSTON. That is a good ques- time, I agree with that and I know you require more accurate recordkeeping tion. Reclaiming the time, this is the are supporting the one-third limita- so that we know where the money is way I understand it as a student of tion. I would support that. coming from and where it is going. campaign finance reform. In 1972, when In my race generally I am well under One of the difficulties with campaign PAC’s started because of the large, in- that. Let me give the gentleman some finance reform is the U.S. Supreme dividual contributor, the gentleman live true-to-life examples, Members of Court decisions which make it impos- may remember the man, he was in the your party. I will share this list with sible to limit independent contribu- life insurance business, gave over $1 you. I am not going to tell their names tions. million to Richard Nixon’s campaign, at this point. This one here is one of Mr. KINGSTON. Reclaiming my time and one of the reactions were to have your leadership, $77,000 from PAC‘s, for a minute, I understand that and I PAC’s and PAC’s were originally sup- $281,000 from individuals. Seventy per- think that is a good point. Let me ask posed to be a campaign finance tool, a cent PAC contributions. Here is an- the gentleman this, though, in terms of way to get around the influence of a other one, 80 percent from PAC’s, individual union members who are not guy who can write a million-dollar $229,000, $63,000 from individuals, or 16 necessarily buying the big labor union check. And so what happened is that percent. Democrat embrace, should they not PAC’s, people thought back in the Going through your list, here is one have the right to know where their early 1970’s, would be ideological, and who is in your leadership, $753,000 from dues are going? For example, here is a the gentleman knows there are some PACs or 78 percent and $167,000 from in- union, the Democrat-Republican Inde- that are truly ideological. For exam- dividuals, or 17 percent. pendent Voter Education Committee. I ple, a lot of the women’s group PAC’s The list goes on and on. I could tell am not sure which union this is, maybe they will give to a pro-choice candidate the gentleman, as a conservative Re- the gentleman can tell me. But just the who has no chance of winning, whereas publican, I would love to limit this be- name, Democrat-Republican Independ- a lot of the pro-life groups hold back cause I think it would help my party a ent Voter Education Committee would and want to make sure that they are lot more than it would help your Mem- lead me as a rank and file union mem- winning. bers. ber to think that my money was going Let me even take that back. I would If you want to be partisan about it, everywhere when in fact $2,131,000 went say the abortion PAC’s are more ideo- and I am not trying to be, I know the to Democrats which represented 97.8 logical. The business PAC’s are abso- gentleman and I are both trying to percent of the entire expenditures. lute pragmatists. They do not truly clean up the system. Clearly that is a Democrat PAC. It have an ideological philosophy except Let me yield to the gentleman. would be fair to tell the people who their own special interest. So what Mr. FARR. In response to your ques- have to contribute where their money they do, and the gentleman knows tion, if I knew you were going to bring is going. well, they contribute to the majority, your list, I would have brought my list. So my question is, do you support I think there is probably a list of simi- that worker contributor’s right to and a lot of those tobacco contribu- tions that have come in have come in lar sorts with your leadership as well. know clause, which we have been work- The point of the fact is this is not ing very hard with in our campaign fi- because they best against the freshmen who knocked out incumbents, and the about what has occurred in the past be- nance reform to try to get in there? cause we are trying to clean that up. Mr. FARR. May I respond? first thing that happens, as the gen- Mr. KINGSTON. I yield. tleman is well aware of, is PAC’s that We are trying to put some limits on it. Mr. FARR. I think that every worker bet on the wrong horse try to make You cannot put limits on a bill that, has a right to know where their con- amends early on in the game and that frankly, the Committee on Rules has tribution is going. I do not think that was part of the thing that was going just reported to the floor. Your leader- your provision is the one that I support on. ship’s bill does not reform campaign fi- because it does not apply equally to Had you guys kept the majority, nance. corporate as well. A PAC contribution there is no doubt the money would Mr. KINGSTON. Well, there are a lot is a PAC contribution. It is a check-off have stayed with you on that. of things that are not in that bill. My system, whether you work for a cor- I agree, let us fix it. Let us have freshman class bill that we introduced poration or whether you work for a more worker right to know, contribu- in January 1993 reached a lot further. union. tor right to know, and let us get into The gentleman’s freshman class bill Mr. KINGSTON. Reclaiming the time it. There is plenty of room here for fi- when he first came here or the bills for a second, I agree with you abso- nance reform. that the gentleman worked on reached lutely. PAC contributors, people who Another thing that I am interested further, also. I think that what we are work for banks or insurance companies in, and I believe the gentleman is too, trying to do is get this done, maybe or manufacturers, they should know is making sure that the money comes plank by plank. also because clearly some of those from the district. I think 75 percent of There is a big debate when it comes PAC’s are lopsided, also. the money ought to come from some- to campaign finance reform: Do you Now, none of them are as lopsided as body’s individual district. But we are have a big bill that is a delicately the labor union PAC’s, but I mean, for willing to settle on 50 percent plus $1. stacked thing that you know winner- example, even NRA and tobacco PAC’s, But that is more to your side than our take-all, and if it goes down, you get the tobacco PAC’s gave more to Demo- side. nothing, or do you do piece-by-piece crat candidates in 1994 than they did to Mr. FARR. The difficulty with your and does it take years to accomplish? Republicans. NRA is on like maybe a plan is you have no limits. If you are Before I was in Congress, I was in the 60–40 split. I do not have the number concerned about PAC contributions in- State legislature. Just about every with me but I did look at it. I truly be- fluencing, whether they be labor PAC’s year we had a campaign finance bill. lieve anybody who contributes to a or business PAC’s or whatever the ideo- We always had to add to it, we always PAC needs to know to the dollar where logical framework of a PAC may be, had to tighten it up, and I would say that money went. So I am in complete you put no limits on them, none, abso- over a 10-year period of time, there agreement with you on that. lutely none. We put limits, we say all have been dramatic changes in the Mr. MEEHAN. Will the gentleman right, candidate, if you are going to Georgia campaign finance laws. So I yield? run with a limit on yourself, then you have seen it both ways where you try a Mr. KINGSTON. Yes. cannot take more than one-kind of big, comprehensive bill, then it falls Mr. MEEHAN. I just ask the ques- your money, $200,000 maximum from a flat, then I have seen the smaller bills. tion, why do you think big tobacco de- PAC and no PAC can give you more I am not going to tell the gentleman July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7775 one is better than the other, but we Maybe this is more in the lobbying Campaign reform is really the whole have got to get, as you know, a lot of category, but, see, I would still con- comprehensive effort of trying to con- folks on the other side to pass it. sider it under that general topic of trol how money comes in and how it is We have got to get the President to cleaning up the House. spent. I do not think we will do that sign it. We have got to get 218 votes Mr. FARR of California. Well, I think unless we put limits on what people here. We always want it to be biparti- we have to address lobbying reform can do. Otherwise it is just a feeding san. separately from campaign reform. Lob- frenzy of getting money from wherever b 2300 bying reform is essentially people who you can get it and trying to influence make their living there in Washington, the outcome. And I overheard you say earlier to- whether it be on the public payroll or Mr. KINGSTON. There again I think night one of the big problems is every- the private payroll, trying to convince it is important that people at least body is an expert, because the way he Members of Congress that their opinion have a requirement that at least 50 per- or she won his or her race, they believe is the right one. cent of the money come from their own is the absolute for everybody. I frankly believe that lobbying is district, because you can be elected Mr. FARR of California. I, like you, good. I do not think that lobbying is from one district and then gallivant served in a State legislature for 13 bad, because these are complex deci- around the globe, going to Hollywood, years and was very active in campaign sions that we have to make, and, as the going up to New York, meeting with finance reform in the State of Califor- gentleman knows, we need to have all big labor bosses in Washington and nia. It is a very complex system. You the information that we possibly can, then going back home and your oppo- have 6,000 local governments in the both sides, pro and con, and, fortu- nent has raised 100 grand on local con- State besides the 58 counties and the nately, people are supposed to be inde- tributions, you have raised $800,000 State legislature, and your are dealing pendent after getting all that knowl- with the Washington big money types, with an awful lot of campaign filings edge. and you can spend and annihilate your and technical process. We know the decisions are complex. opponent. You can make yourself look Unfortunately, you cannot reform A lot of it deals with minutia and the conservative, a liberal, a moderate; you campaign financing piecemeal because only way we can get a grasp on it is lis- can target women, you can target mi- it has so many different versions. It ten to people who have vested interest norities, or white middle class, people has amounts of money that people can in it. That does not mean because they with blue suits, people with red hair, give, whether they can give them to a come see you that they have our vote. anything you want with that kind of candidate, whether they can give them I think if we are to address campaign money, and that is what lopsides this to a party, whether they can give them and lobbying reform, we have to do it, thing in favor of incumbents. We need to a PAC, whether they can give them but we have to do it in such a way that to level the playing field more. to a national party. it does not cut off getting good infor- Mr. FARR of California. May I share So just the individual giving money, mation to make a tough decision. with you the concerns I have by limit- how much, how often, whether each of Mr. KINGSTON. I agree with the gen- ing 50 percent of your contributions those organizations, a PAC, how much tleman, and I agree it certainly can be just to your district? And I can prob- money they can give, what they have done. Having again served in the State ably do that and I am sure if I looked to report, in California you still have legislature, I would say that the State at it, I do, but it is not something I what we call corporate contributions agencies also lobby, some more than really support. to campaigns. You can give either an others. For example social service When I first ran, I ran against a very in-kind contribution. You may be a agencies I think lobby a lot more than wealthy individual and when I was in- corporation that has a lot of tele- something like the natural resources terested in running for office, I did phones and, therefore, on election or the fish and wildlife agencies in the what I think everybody does, you sit night you can give your office for peo- State of Georgia. And that kind of down and say where do I start. And ple to come down and make calls. model, where we do see two different what do you start with? You start with Under Federal laws you cannot do that. agencies, one that is very aggressive, your friends and your relatives and you Mr. KINGSTON. Reclaiming my one that is passive but there with good write everybody you ever knew, every- time, I want to say normal PAC’s can- information, but you as the legislator body you went to school with. I hap- not do it, but union PAC’s can do it. had to initiate the conversation as op- pened to serve in the Peace Corps so I And union PAC’s provide manpower, posed to fax machines and working net- went and wrote all my Peace Corps col- whereas banks or a Chamber of Com- works and conferences, and so forth, leagues. merce, they cannot. In terms of the and bringing people into town and so I wrote my relatives around the lopsidedness, in terms of a big union forth like that. I just think that that country and said, hey, I am running for PAC, it is incredible. should be part of the process. public office and you know I am better I also want to throw out something I would love to have campaign fi- than anybody because I have grown up that I consider campaign finance re- nance reform and lobbying reform, be- and worked with you, will you help me form. Many Members around here do cause I think they are twin sisters. I with your initial contributions? And I not, on both sides of the aisle, mostly think it should be one bill. Now, I have think that is where everybody every on your side, which has to do with Fed- learned, there again going back to candidate starts. eral Government agencies lobbying. piecemeal, you have to take what you What disarms them is if they cannot I served with you on the Committee can get passed. So there has to be a do that and only the person who has a on Agriculture last session and this practical side to it. lot of money, a person of wealth, and session moved over to the Committee Mr. FARR of California. Under your by the way we limit the person—— on Appropriations. I can tell you, Mr. scenario of piecemeal, the campaign re- Mr. KINGSTON. Hold on 1 minute. I FARR, anybody who thinks Federal form would be piecemeal and lobbying want to reclaim the time and I want to Government agencies do not lobby has reform would be piecemeal, but as you admonish you. Have you ever read Rob- never served on the Committee on Ap- know, under each of those tents there ert Mitchum, who wrote ‘‘Alaska’’? propriations because that is all they is a tremendous amount of technical Have you ever read any of his books? seem to do. law that has to be developed. He always starts at the very beginning, They come up to our office, they My point of it is that you are not and I am interested. have money for conferences, they have going to get campaign reform. You But I do have something else to talk money to fax themselves around their may get technical adjustments along about, and so I want to say if you can offices and so forth. I believe a key por- the way; for example, the issue you quickly get to the point, I would appre- tion and one of the stumbling blocks in brought up about requiring people who ciate it, so that I can talk about this balancing the budget is the fact we contribute, PAC’s who annually have other issue. have agencies who are feeding out of to go through the process of commit- I do also want you to acknowledge the taxpayers’ trough and they do not ting that, that is I think a technical the fact you guys did not yield us any want to have finance reform that adjustment. That is not campaign re- time, and I do want you to remember would stop them from lobbying. form. that. H7776 CONGRESSIONAL RECORD — HOUSE July 17, 1996 Mr. FARR of California. I appreciate gain your support. Thank you very necessity, has to move in with you, you your allowing me to dialog with you. much. can deduct up to $1,000, again, helping Mr. KINGSTON. I had to slap myself Mr. KINGSTON. Thank you, Mr. that sandwich generation, you know on the back since you are not vol- FARR. the ones who have dependent children unteering to do it. Mr. Speaker, I wanted to talk a little and dependent parents. And they are Mr. FARR of California. I appreciate bit in regards to tax relief and eco- getting squeezed one more time. your allowing us to have this colloquy. nomic issues and jobs. I got a call last We need to do things like this for the Without people talking, sometimes it night from a gentleman, a father from American middle class. is kind of lonely in this chamber. But Pennsylvania, had two kids, and I Above all, Mr. Speaker, of course we my point is limiting raising that could tell he was a lot like my middle- have to balance that budget. We are money in your district will put the ad- class friends back home, struggling to paying $20 billion each month interest vantage on a wealthy person versus a make the ends meet. And he just left a on the national debt, and that money person who really has the passion to message, ‘‘Please keep us in mind; keep could be going to education, could be run for office, and I think we should be working.’’ going to health care, could be going to very careful before we do that because I think about this man. I think about crime prevention. you do not put any limits on what a the women I see that are my wife’s b 2315 friends, who are around the neighbor- wealthy person can spend. Our bill All it is doing is paying the bond- hood raising those 3-year-olds, those 5- does. It says you cannot contribute holders on the national debt. If we bal- year-olds. I drive the carpool every more than $50,000 of your own money. ance the budget, we can bring down in- Mr. KINGSTON. Well, now, the bill Monday when school is in, and when I terest rates, which would bring down that I have cosponsored with the gen- am driving the carpool, quite often I the cost of home mortgages and auto- tleman from Tennessee, ZACH WAMP, get out and I talk to people. Mostly it mobile payments. It would stimulate which is a bipartisan bill, does put in- is women. There are a few other dads, the economy. dividual limits on there. We do not but, fortunately, one of the good bene- On small business entrepreneurs, do want anybody or any organization to fits about this job is we do have some my colleagues know, Mr. Speaker, that have undue influence. odd hours during the day and we are a one-third of the small businesses in Taking your situation and saying little more flexible when we are home. America are owned by women? If they you have to take money where you can I see these families struggling. They could get money cheaper, borrow get it. The other problem is, though, if save a little money, but at the end of money at lower interest rates, then there is going to be influence, and if in- the month instead of going down to these female entrepreneurs could cre- fluence and money are related, should Florida for the weekend, they have to ate more jobs, expand their businesses, that not be district driven rather an spend it on a new dryer, or they have a create more opportunities and in turn outside interest driven? car payment, or the house mortgage is earn more and be able to spend more Mr. FARR of California. I think that payable. And they can manage it, but leisure time at home, which is very im- is for the voters to decide in your dis- then they want to do something else to portant to the American family these trict, frankly. If they do not like where the house, a little modification, or days. your money is coming from, you have they have to put in a new stove or In terms of other family issues, we to publicize it. It is a public record, and oven, or something like that, and there have got to increase security back the newspapers pick it up the moment is no money at the end of the month. home. A friend of mine called me. Obvi- it is of public record. And we see that We passed a $500-per-child tax credit. ously, I am not going to mention her because our campaign reports, every- If you had two kids, this gentleman, name, but this woman was in her body in this House had to file them, this family in Pennsylvania, that house. It was about 10:00 in the morn- and I think they become public record would have been $1,000 more that they ing, mid-morning, washing her 3-year- any day now, and you will see the sto- could have. Is that a tax cut for the old. The door bell rang. She goes to the ries all next week about where con- rich? I do not think so, Mr. Speaker. door bell. She sees somebody through tributions are coming from. That gives What that thousand dollars would have the curtain and does not open the door the voters in the District an ability to meant for this middle-class man is that and goes back to the bathroom where decide whether they like what they are he and his wife could have bought a few she is bathing the baby. The guy kicks seeing or not. more pairs of tennis shoes, a few more in the door, comes in and rapes her. I am not sure that is so broken that clothes, or maybe they could have gone Does not hurt the child, fortunately. it needs that kind of fixing, because I to another ball game this summer and Do you know, Mr. Speaker, that this think that if you do not put limits on seen the Philadelphia Phillies do some- rapist only was sentenced for 3 years. what the individual can contribute, the thing. It just would have been a good They caught him but he was sentenced advantage all goes to the wealthy, and thing for them. for 3 years. I never would have known I do not think that is fair. That was vetoed. We are going to about the story except she called me I do not want to take any more of the keep working on that, Mr. Speaker, be- because she was notified that he was gentleman’s time. I really appreciate cause that $500-per-child middle-class getting out. They have a law in Geor- this colloquy with you tonight. tax cut is important. gia that you notify the victims when Mr. KINGSTON. Well, listen, I appre- Another thing that we have passed is somebody on probation is coming. That ciate what you guys are doing, and I an increased deduction for the home- just makes your stomach cringe, Mr. know you appreciate what we are office tax. In this day and age, with Speaker. This thug, this deadbeat who doing. I think that what we will do, as two-income families and high-tech- kicks down the door on a housewife at we do have these genuine disagree- nology, men and women have an oppor- home and then only gets 3 years, that ments on just different portions or sec- tunity to work at home. I think of Liz is why we need truth in sentencing. Mr. tions of campaign finance reform, as Simpson. She is a neighbor of mine, a Speaker, it says, if you are sentenced long as we can identify those that we friend of mine, an underwriter with an for 10 years, 15 years, then you serve 10 do agree with and keep the ball mov- insurance company, and she was able years or 15 years. You serve your full ing, then we will continue haggling to hook up by modem to her business sentence. over some of the other parts. and stay at home with their little boy, I want to say this, that when folks And, again, that might take a while, John, and their other child so that she are in prison, they ought to have work but I believe Democrats and Repub- could spend a little more time but also requirements and they ought to have licans all realize on an issue like this continue earning a living there at education requirements. They ought to we have to have each other, we have to home. It gave her a lot of flexibility, be out there busting bricks. Hard work, work forward if we want it to move and I am glad we increased this home- 40 hours a week. Education, 20 hours a down the road. office tax deduction. week. That adds up to 60 hours. And do Mr. FARR of California. We have a We also had a thousand dollar elder you know what, Mr. Speaker? That is bill on the floor, as the Committee on deduction so that if your elderly mom what my middle-class friends are work- Rules just indicated, and I hope we can or dad, because of medical or economic ing anyhow. The people who are paying July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7777 the taxes, they are not doing it on 40 cators and as government officials and ers and our sisters are well protected, hours a week anymore. They are run- as a society is keep our kids drug-free because so much of it, if detected early, ning around doing all kinds of things. until they are 19. If we can do that, we could prevent. Sixty hours a week for a prisoner, that they are 95-percent home free, and that Our colleagues, JOHN MYERS and BAR- is nothing. is one of the things we have got to do. BARA VUCANOVICH, have been great Another case, heart breaker, a man I believe drug education is extremely champions on this because of personal calls me at home. His daughter, 12 important for the youth of today. family situations. JOHN MYERS brought years old, was spending the night at a Now, in terms of the pushers, we have to the Committee on Agriculture, the friend’s house and was raped by the got to be very tough on sentencing for ag subcommittee that overseas FDA, friend’s older brother who was 19 years pushers. Let us get them off the street. this plastic looking device. It was a old. He called me, Mr. Speaker, because Let us protect our families again. circle about this big. And he put a it had been 3 or 4 weeks and the police Health care is one more security grain of salt on the committee table had yet to pick up the rapist. issue that we have got to deal with as and he put this on it and he said, find When the daughter was raped, they a society. We right now are trying to the salt with your hands. And you took her to the hospital. They got the pass a bill that gets portability on could feel the spec. fluid samples and all the necessary health care. Very important for people This was a device that would not sub- identifications for this horrible experi- who have job lock because of some sit- stitute for a medical exam, but it is ence. Yet it was 3 weeks. The reason uation that they can switch from job something that in their own houses why it was 3 weeks, I talked to the au- to job. My wife, Libby, her college women could use for just kind of a thorities about this, is that the police roommate, a young lady named Kathy home breast cancer analysis. And, Mr. were so afraid of messing the case up Haggard, was working for a bank when Speaker, the FDA fought us on that. because of all the loopholes that we she discovered that she had cancer. They did not want to approve the de- now have in our court system that al- And God rest her, she lost the battle. vice. lows trial lawyers to bend and manipu- But during the period that she was I believe that American women late the system to get rapists, 19-year- fighting it, she went into remission for would know that a home analysis is no old rapists who rape 12-year-olds, get a short period of time. She was en- substitute for a doctor’s analysis. But them off because a police officer did gaged. She, I think, was living in At- give them the tool. Because not only not dot an I or cross a T, or the arrest lanta and her fiance was living in Bir- could the tool detect it, but it would papers. mingham. raise the interest level, raise the So in the meanwhile, while the police They, Mr. Speaker, could not get awareness level. And you and I know, are out very carefully, meticulously married because Kathy could not quit as men, when we are over 40, we have building up a case on this, guess what? working for her bank in Atlanta be- to start testing for prostate cancer and The 19-year-old is still driving by the cause, if she did, she could not get in- so forth. Preventative medicine has got house every day. The little 12-year-old surance through her fiance’s insurer in to be part of the health care planning. I truly support the efforts to increase who is now in trauma, who is now in Birmingham. So this young lady sadly awareness of health in the school sys- therapy, she still sees this guy out lost the battle to cancer. She went to tems and so forth, because if we can walking the streets. her grave without ever being able to We have an absurd court system marry, which is, as you know, probably get our kids exercising and eating right right now, Mr. Speaker. We have got to one of the most wonderful things that early, we will have less problems down the road. get common sense back in it. We have anybody can experience. Mr. Speaker, I am going to just close got to say common sense is that we And if we had portability on health with this. Another thing we can do for care, people like that would be helped want to give everybody a fair trial, but the middle class is to have good edu- by it, Mr. Speaker. That is something it has got to be one that is governed by cation systems. We have increased stu- very important. common sense, not by technicalities dent loans from $24 to $36 billion in Medical savings accounts. Something and loopholes. this Congress in our budget. That is Justice should not be determined by that I am very big on, and I know you going to expand the availability of a have worked hard on it. Medical sav- money and whoever is the cleverest. It college education for many middle- ings accounts would allow middle-class should be determined by what is right. class kids. I think that that would be people to take health care with a high So in this Congress, we have worked good. But to the classrooms back deduction and with that deduction it hard to crack down on criminal thugs home, Mr. Speaker, we want to get the would be funded through a special ac- and in lawsuits. bureaucracy out. Another problem, Mr. Speaker, that count, kind of an escrow account. And A school teacher in Darien, GA, told is adding to the stress of the middle out of that escrow, middle-class people me at a town meeting recently that she class has to do with the fact that drugs would pay for their kids stitches, for spends 2 to 3 hours a day each day on are just going crazy on our streets. pediatric shots, for their glasses, the paperwork. That is 10 hours a week Earlier tonight the gentleman from small things. that she cannot spend teaching chil- Florida [Mr. MICA] had a chart that And at the end of the year, the mid- dren in her own class reading, writing, showed how drug usage has been going dle-class families would get the money and arithmetic. up in the last 3 or 4 years. One of the out of the account and get to keep it. We want to take the bureaucracy in reasons is because we had cut funding They could use it for a college edu- Washington out of the American class- on drug awareness programs. cation account, if they wanted to, or room and let the parents and the Mr. Speaker, I have been in a lot of they could put it in their pocket. They teachers teach their own children. And schools in my district, the First Dis- could spend it for Christmas money. we believe that that local control will trict of Georgia. I have spoken to the This is a tool that middle-class fami- help us compete in the world market. DARE classes, drug education for lies need all over America, Mr. Speak- Mr. Speaker, these are some of the eighth graders and seventh graders and er. It is something that we are working things that we are working on and have sixth graders and fifth graders, telling on, and we have got to keep working worked on and have accomplished in them what illegal drugs are all about, for. this Congress. We need to keep the what the consequences are about. The breast cancer situation. Breast commitment for the American family Do you know, Mr. Speaker, that the cancer now gets, I believe, it was a cou- and for the American middle class. average age right now nationwide for ple years ago the statistic was one out f trying marijuana is 13 years old? That of every nine women. Now it is even is the bad news. The good news is, if we higher than that. And we have in- LEAVE OF ABSENCE can keep a child drug-free until he or creased funding on breast cancer re- By unanimous consent, leave of ab- she is 19 years old, then, Mr. Speaker, search in this Congress. We have also sence was granted to: they have a 95-percent chance of being expanded Medicare coverage to include Ms. SLAUGHTER (at the request of Mr. drug-free the rest of their life. So what breast cancer. It is something that we GEPHARDT) for today, on account of we have got to do as families, as edu- have to do to make sure that our moth- personal business. H7778 CONGRESSIONAL RECORD — HOUSE July 17, 1996

Mr. WOLF (at the request of Mr. committee did on this day present to mitting the Commission’s final rule—policy ARMEY) for today after 2 p.m., on ac- the President, for his approval, a bill of regarding the release of 888 toll free numbers count of attending a funeral. the House of the following title: corresponding to 800 toll free numbers [CC Docket No. 95–155] received July 12, 1996, pur- f H.R. 248. An Act to amend the Public suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Health Service Act to provide for the con- SPECIAL ORDERS GRANTED tee on Commerce. duct of expanded studies and the establish- 4173. A letter from the Managing Director, By unanimous consent, permission to ment of innovative programs with respect to Federal Communications Commission, trans- address the House, following the legis- traumatic brain injury, and for other pur- mitting the Commission’s final rule—imple- lative program and any special orders poses. menting the statutory requirement that heretofore entered, was granted to: f local exchange carriers [LEC’s] provide num- (The following Members (at the re- ber portability as set forth in Section 251 of ADJOURNMENT the Telecommunications Act of 1996 [CC quest of Mr. FARR of California) to re- Mr. KINGSTON. Mr. Speaker, I move Docket No. 95–116] received July 12, 1996, pur- vise and extend their remarks and in- that the House do now adjourn. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- clude extraneous material:) The motion was agreed to; accord- tee on Commerce. Ms. NORTON, for 5 minutes, today. 4174. A letter from the Director, Regula- ingly (at 11 o’clock and 27 minutes Mr. MEEHAN, for 5 minutes, today. tions Policy Management Staff, Office of p.m.) under its previous order, the Ms. DELAURO, for 5 minutes, today. Policy, Food and Drug Administration, House adjourned until tomorrow, Mr. PALLONE, for 5 minutes, today. transmitting the Administrations final Thursday, July 18, 1996, at 9 a.m. (The following Members (at the re- rule—Antibiotic Drugs; Clarithromycin f Granules for Oral Suspension [Docket No. quest of Mrs. MEYERS of Kansas) to re- 96N–0117] received July 17, 1996, pursuant to 5 vise and extend their remarks and in- EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on clude extraneous material:) ETC. Commerce. Mr. JONES, for 5 minutes, today. 4175. A letter from the Director, Office of Under clause 2 of rule XXIV, execu- Congressional Affairs, Nuclear Regulatory Mr. MANZULLO, for 5 minutes, today. tive communications were taken from Mr. MCINTOSH, for 5 minutes, today. Commission, transmitting the Commission’s the Speaker’s table and referred as fol- final rule—Change Notice No. 2, NRC En- Mr. BONILLA, for 5 minutes, today. lows: forcement Manual, NUREG/BR–0195, Rev. 1— Mr. DORNAN, for 5 minutes, each day 4166. A letter from the Acting Assistant received July 16, 1996, pursuant to 5 U.S.C. on today and July 22 and 23. Secretary for Legislative Affairs, Depart- 801(a)(1)(A); to the Committee on Commerce. Mr. MICA, for 5 minutes, today. ment of State, transmitting notification 4176. A letter from the Acting Assistant f that the President has determined that it is Secretary for Legislative Affairs, Depart- ment of State, transmitting a copy of the EXTENSION OF REMARKS in the national interest for the Export-Im- port Bank to make a loan of approximately Secretary’s determination and justification By unanimous consent, permission to $56 million to the People’s Republic of China for authorizing the use of $3.1 million in revise and extend remarks was granted (Presidential Determination Nos. 96–38 and funds made available for fiscal year 96 to 96–37), pursuant to section 2(b)(2)(D)(ii) of the carry out chapter 4 of part II of the FAA and to: $3.9 million in funds to carry out chapter 6 of (The following Members (at the re- Export-Import Bank Act of 1945, as amended; to the Committee on Banking and Financial part II of the FAA for States participating in quest of Mr. FARR of California) and to Services. the ECOMOG peacekeeping mission in Libe- include extraneous matter:) 4167. A letter from the Acting Director, Of- ria, pursuant to 22 U.S.C. 2261(a)(2); to the Mr. HOLDEN. fice of Management and Budget, transmit- Committee on International Relations. 4177. A letter from the Assistant Legal Ad- Mr. UNDERWOOD. ting OMB’s estimate of the amount of viser for Treaty Affairs, Department of Mr. BORSKI. change in outlays or receipts, as the case State, transmitting copies of international may be, in each fiscal year through fiscal Mr. FROST. agreements, other than treaties, entered into year 2002 resulting from passage of H.R. 2437, Mr. ENGEL. by the United States, pursuant to 1 U.S.C. pursuant to Public Law 101–508, section (The following Members (at the re- 112b(a); to the Committee on International 13101(a) (104 Stat. 1388–582); to the Committee quest of Mrs. MEYERS of Kansas) and to Relations. on the Budget. 4178. A letter from the Acting Assistant include extraneous matter:) 4168. A letter from the Director, Office of Mr. GOODLING. Secretary for Legislative Affairs, Depart- Communications and Legislative Affairs, ment of State, transmitting the Depart- Mr. MCINTOSH. Equal Employment Opportunity Commis- ment’s final rule—Amendment to the List of Mr. ROS-LEHTINEN. sion, transmitting the Commission’s final Proscribed Destinations [Public Notice 2407] Mr. BURTON of Indiana. rule—Elementary-Secondary Staff Informa- received July 17, 1996, pursuant to 5 U.S.C. Mr. SAXTON. tion Report EEO–5 (29 CFR Part 1602) re- 801(a)(1)(A); to the Committee on Inter- Mr. RADANOVICH, in two instances. ceived July 16, 1996, pursuant to 5 U.S.C. national Relations. 801(a)(1)(A); to the Committee on Economic Mr. BAKER of California. 4179. A letter from the Acting Director, Of- and Educational Opportunities. Mr. DUNCAN, in two instances. fice of Fisheries Conservation and Manage- 4169. A letter from the General Counsel, ment, National Marine Fisheries Service, Mr. FIELDS of Texas. Department of Transportation, transmitting transmitting the Service’s final rule— Mr. GILMAN. the Department’s final rule—Federal-Aid Groundfish of the Gulf of Alaska; Northern Mr. HAYWORTH. Project Authorization (Federal Highway Ad- Rockfish in the Western Gulf of Alaska Mr. FLANAGAN. ministration) [FHWA Docket No. 94–30] (RIN: [Docket No. 960129018–6018–01; I.D. 071096B] f 2125–AD43) received July 17, 1996, pursuant to received July 17, 1996, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Resources. ENROLLED BILL SIGNED Commerce. 4180. A letter from the Acting Director, Of- Mr. THOMAS, from the Committee 4170. A letter from the General Counsel, fice of Fisheries Conservation and Manage- Department of Energy, transmitting the De- on House Oversight, reported that that ment, National Marine Fisheries Service, partment’s final rule—Energy Conservation transmitting the Service’s final rule— committee had examined and found Program for Consumer Products: Procedures Groundfish of the Gulf of Alaska; Pacific truly enrolled a bill of the House of the for Consideration of New or Revised Energy Ocean Perch in the Western Regulatory Area following title, which was thereupon Conservation Standards for Consumer Prod- [Docket No. 960129018–6018–01; I.D. 071096D] signed by the Speaker: ucts (RIN: 1904–AA83) received July 17, 1996, received July 17, 1996, pursuant to 5 U.S.C. H.R. 248. An Act to amend the Public pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Resources. Health Service Act to provide for the con- mittee on Commerce. 4181. A letter from the Acting Director, Of- duct of expanded studies and the establish- 4171. A letter from the Director, Office of fice of Fisheries Conservation and Manage- ment of innovative programs with respect to Regulatory Management and Information, ment, National Marine Fisheries Service, traumatic brain injury, and for other pur- Environmental Protection Agency, transmit- transmitting the Service’s final rule— poses. ting the Agency’s final rule— Groundfish of the Gulf of Alaska; Pacific Dihydroazadirachtin; Exemption from the Ocean Perch in the Central Regulatory Area f Requirement of a Tolerance [FRL–5381–1] [Docket No. 960129018–6018–01; I.D. 071096H] BILL PRESENTED TO THE (RIN: 2070–AB78) received July 17, 1996, pur- received July 17, 1996, pursuant to 5 U.S.C. PRESIDENT suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 801(a)(1)(A); to the Committee on Resources. tee on Commerce. 4182. A letter from the Acting Director, Of- Mr. THOMAS, from the Committee 4172. A letter from the Managing Director, fice of Fisheries Conservation and Manage- on House Oversight, reported that that Federal Communications Commission, trans- ment, National Marine Fisheries Service, July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7779 transmitting the Service’s final rule— quire an air carrier to request and receive By Mr. DICKS: Groundfish of the Gulf of Alaska; Pacific certain records before allowing an individual H.R. 3833. A bill to amend the Violent Ocean Perch in the Eastern Regulatory Area to begin service as a pilot, and for other pur- Crime Control and Law Enforcement Act of [Docket No. 960129018–6018–01; I.D. 071096G] poses; with an amendment [Rept. 104–684). 1994 to allow certain grant funds to be used received July 17, 1996, pursuant to 5 U.S.C. Referred to the Committee of the Whole to provide parent education; to the Commit- 801(a)(1)(A); to the Committee on Resources. House on the State of the Union. tee on the Judiciary, and in addition to the 4183. A letter from the General Counsel, Mr. SOLOMON: Committee on Rules. Committee on Economic and Educational Department of Transportation, transmitting House Resolution 481. Resolution providing Opportunities, for a period to be subse- the Department’s final rule—Federal Motor for consideration of the bill (H.R. 3820) to quently determined by the Speaker, in each Vehicle Safety Standards; Air Brake Sys- amend the Federal Election Campaign Act of case for consideration of such provisions as tems; Long-Stroke Brake Chambers (Na- 1971 to reform the financing of Federal elec- fall within the jurisdiction of the committee tional Highway Traffic Safety Administra- tion campaigns, and for other purposes concerned. tion) [Docket No. 93–54, Notice 3] (RIN: 2127– (Rept. 104–685). Referred to the House Cal- By Mr. FLANAGAN (for himself, Mrs. AG25) received July 17, 1996, pursuant to 5 endar. COLLINS of Illinois, Mr. COSTELLO, U.S.C. 801(a)(1)(A); to the Committee on Mr. GOSS: Committee on Rules. House Mr. CRANE, Mr. DURBIN, Mr. EVANS, Transportation and Infrastructure. Resolution 482. Resolution providing for fur- Mr. EWING, Mr. FAWELL, Mr. 4184. A letter from the General Counsel, ther consideration of the bill (H.R. 3734) to GUTIERREZ, Mr. HASTERT, Mr. HYDE, Department of Transportation, transmitting provide for reconciliation pursuant to sec- Mr. JACKSON, Mr. LAHOOD, Mr. LIPIN- the Department’s final rule—Extension of tion 201(a)(1) of the concurrent resolution on SKI, Mr. MCHUGH, Mr. MANZULLO, Mr. Great Lakes Load Line Certificate (U.S. the budget for fiscal year 1997 (Rept. 104–686). PORTER, Mr. POSHARD, Mr. RUSH, Mr. Coast Guard) [CGD 96–006] (RIN: 2115–AF29) Referred to the House Calendar. WELLER, and Mr. YATES): H.R. 3834. A bill to redesignate the Dun- received July 17, 1996, pursuant to 5 U.S.C. f ning Post Office in Chicago, IL, as the 801(a)(1)(A); to the Committee on Transpor- ‘‘Roger P. McAuliffe Post Office’’; to the tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS Committee on Government Reform and 4185. A letter from the Administrator, Oversight. Small Business Administration, transmit- Under clause 5 or rule X and clause 4 of rule XXII, public bills and resolu- By Mr. HOLDEN: ting a draft of proposed legislation and sec- H.R. 3835. A bill to amend title II of the So- tion-by-section analysis to implement the tions were introduced and severally re- cial Security Act to provide that a monthly President’s fiscal year 1997 Budget with re- ferred as follows: insurance benefit thereunder shall be paid spect to the programs of the U.S. Small By Mr. KASICH: for the month in which the recipient dies, Business Administration; to the Committee H.R. 3829. A bill to provide for reconcili- subject to a reduction of 50 percent if the re- on Small Business. ation pursuant to section 201(a)(1) of the con- cipient dies during the first 15 days of such 4186. A letter from the Clerk of the House current resolution on the budget for fiscal month, and for other purposes; to the Com- of Representatives, transmitting the annual year 1997; to the Committee on the Budget, mittee on Ways and Means. compilation of personal financial disclosure and in addition to the Committees on Agri- By Ms. ROYBAL-ALLARD (for herself statements and amendments thereto filed culture, Commerce, Economic and Edu- and Ms. WOOLSEY): with the Clerk of the House of Representa- cational Opportunities, and Ways and Means, H.R. 3836. A bill to amend the Internal Rev- tives, pursuant to 2 U.S.C. 703(d)(1) and rule for a period to be subsequently determined enue Code of 1986 to allow a small business XLIV, clause 1, of the House Rules (H. Doc. by the Speaker, in each case for consider- family and medical leave credit and a credit No. 104–245); to the Committee on Standards ation of such provisions as fall within the ju- for wages paid to employees who are allowed of Official Conduct and ordered to be printed. risdiction of the committee concerned. to shift hours of employment or work at 4187. A letter from the Chief, Forest Serv- By Mr. FILNER (for himself, Ms. home in order to reduce child care needs; to ice, transmitting the annual report of Forest MCKINNEY, Mrs. CLAYTON, Mr. the Committee on Ways and Means. Service accomplishments for fiscal year 1995, CLYBURN, Mr. CONYERS, Mr. DELLUMS, By Ms. ROYBAL-ALLARD (for herself, pursuant to the Forest and Rangeland Re- Mr. DIXON, Mr. FIELDS of Louisiana, Ms. WOOLSEY, and Ms. NORTON): H.R. 3837. A bill to provide unemployment newable Resources Planning Act [RPA] of Mr. FLAKE, Mr. FORD, Mr. JACKSON, insurance and leave from employment to 1974, as amended; jointly, to the Committees Ms. JACKSON-LEE, Mr. LEWIS of Geor- battered women; to the Committee on Ways on Agriculture and Resources. gia, Ms. NORTON, Mr. PAYNE of New and Means, and in addition to the Commit- f Jersey, Mr. RUSH, Mr. SCOTT, Mr. tees on Economic and Educational Opportu- THOMPSON, Mr. TOWNS, Ms. WATERS, nities, Government Reform and Oversight, REPORTS OF COMMITTEES ON Mr. WYNN, and Mr. BISHOP): PUBLIC BILLS AND RESOLUTIONS and House Oversight, for a period to be sub- H.R. 3830. A bill to prohibit insurers from sequently determined by the Speaker, in Under clause 2 of rule XIII, reports of canceling or refusing to renew fire insurance each case for consideration of such provi- committees were delivered to the Clerk policies covering houses of worship and re- sions as fall within the jurisdiction of the lated support structures, and for other pur- committee concerned. for printing and reference to the proper poses; to the Committee on Commerce, and calendar, as follows: By Mr. STEARNS: in addition to the Committee on the Judici- H.R. 3838. A bill to amend title 18, United Mr. HYDE: Committee on the Judiciary. ary, for a period to be subsequently deter- States Code, to provide a national standard H.R. 3215. A bill to amend title 18, United mined by the Speaker, in each case for con- in accordance with which nonresidents of a States Code, to repeal the provision relating sideration of such provisions as fall within State may carry certain concealed firearms to Federal employees contracting or trading the jurisdiction of the committee concerned. in the State, and to exempt qualified current with Indians [Rept. 104–681). Referred to the By Mr. DEFAZIO (for himself, Mr. LI- and former law enforcement officers from Committee of the Whole House on the State PINSKI, and Mr. COSTELLO): State laws prohibiting the carrying of con- of the Union. H.R. 3831. A bill to amend title 49, United cealed handguns; to the Committee on the Mr. SHUSTER: Committee on Transpor- States Code, to ensure that the primary duty Judiciary. tation and Infrastructure. H.R. 3159. A bill to of the Administrator of the Federal Aviation By Mr. BORSKI (for himself, Mr. MAR- amend title 49, United States Code, to au- Administration is to enhance the safety and TINI, Mr. ENGLISH of Pennsylvania, thorize appropriations for fiscal years 1997, security of the commercial civil aviation in- Mr. DIAZ-BALART, Mr. QUINN, Mr. 1998, and 1999 for the National Transpor- dustry; to the Committee on Transportation FILNER, Mr. NADLER, Ms. KAPTUR, tation Safety Board, and for other purposes; and Infrastructure. Mr. FOGLIETTA, Mr. FATTAH, Mrs. with an amendment [Rept. 104–682). Referred By Mr. TANNER (for himself and Mr. MEEK of Florida, Mr. DURBIN, Mr. to the Committee of the Whole House on the CASTLE): NEY, Mr. HOLDEN, Mr. ANDREWS, Mr. State of the Union. H.R. 3832. A bill to restore the American METCALF, Mr. DEFAZIO, Mr. KING, and Mr. SHUSTER: Committee on Transpor- family, enhance support and work opportuni- Mr. FROST): tation and Infrastructure. H.R. 3267. A bill to ties for families with children, reduce out-of- H.R. 3839. A bill to terminate the effective- amend title 49, United States Code, to pro- wedlock pregnancies, reduce welfare depend- ness of certain amendments to the foreign hibit individuals who do not hold a valid pri- ence, and control welfare spending; to the repair station rules of the Federal Aviation vate pilots certificate from manipulating the Committee on Ways and Means, and in addi- Administration, and for other purposes; to controls of aircraft in an attempt to set a tion to the Committee on Agriculture, Com- the Committee on Transportation and Infra- record or engage in an aeronautical competi- merce, Economic and Educational Opportu- structure. tion or aeronautical feat, and for other pur- nities, Government Reform and Oversight, By Mr. KASICH (for himself, Mrs. poses [Rept. 104–683). Referred to the Com- Banking and Financial Services, the Judici- THURMAN, Mr. DREIER, Mr. MILLER of mittee of the Whole House on the State of ary, and the Budget, for a period to be subse- California, Ms. PRYCE, Mr. GILLMOR, the Union. quently determined by the Speaker, in each Mr. WALKER, Mr. INGLIS of South Mr. SHUSTER: Committee on Transpor- case for consideration of such provisions as Carolina, Mr. CONDIT, Mr. SMITH of tation and Infrastructure. H.R. 3536. A bill to fall within the jurisdiction of the committee Michigan, Mr. HOBSON, Mr. CHRYS- amend title 49, United States Code, to re- concerned. LER, Mr. MILLER of Florida, Mr. H7780 CONGRESSIONAL RECORD — HOUSE July 17, 1996

SHAW, Mr. MCCOLLUM, and Mr. and the estate of John Davis; which was re- H. Res. 286: Mrs. THURMAN. LARGENT): ferred to the Committee on the Judiciary. H. Res. 452: Mr. FILNER and Ms. ROYBAL- H.R. 3840. A bill to empower States with f ALLARD. authority for most taxing and spending for H. Res. 480: Mr. HAYWORTH. highway programs and mass transit pro- ADDITIONAL SPONSORS f grams, and for other purposes; to the Com- Under clause 4 of rule XXII, sponsors mittee on Transportation and Infrastruc- DELETIONS OF SPONSORS FROM ture, and in addition to the Committee on were added to public bills and resolu- PUBLIC BILLS AND RESOLUTIONS tions as follows: Ways and Means, for a period to be subse- Under clause 4 of rule XXII, sponsors H.R. 78: Mr. BAKER of California, Mr. quently determined by the Speaker, in each were deleted from public bills and reso- case for consideration of such provisions as COBURN, and Mr. THORNBERRY. fall within the jurisdiction of the committee H.R. 104: Ms. WOOLSEY and Mr. HAYWORTH. lutions as follows: concerned. H.R. 303: Mr. ABERCROMBIE. H.R. 359: Mr. BEVILL. By Mr. MICA (for himself, Mr. MORAN, H.R. 801: Mr. KING. H.R. 3505: Mr. PETERSON of Minnesota. and Mrs. MORELLA): H.R. 938: Mr. ABERCROMBIE. f H.R. 3841. A bill to amend the civil service H.R. 1010: Mr. MARKEY. laws of the United States, and for other pur- H.R. 1078: Mr. DURBIN. AMENDMENTS poses: to the Committee on Government Re- H.R. 1127: Mr. FALEOMAVAEGA. Under Clause 6 of rule XXIII, pro- form and Oversight. H.R. 1846: Mr. GEJDENSON. posed amendments were submitted as By Mrs. THURMAN (for herself, Mr. BILI- H.R. 2211: Mr. LEWIS of Georgia. follows: RAKIS, Ms. BROWN of Florida, Mr. H.R. 2270: Mr. DICKEY and Mr. HANCOCK. H.R. 3814 CANADY, Mr. DEUTSCH, Mr. DIAZ- H.R. 2682: Mr. FRANKS of New Jersey. BALART, Mr. GIBBONS, Mr. FOLEY, Mr. H.R. 2834: Mr. CUMMINGS. OFFERED BY: MR. DAVIS HASTINGS of Florida, Mrs. MEEK of H.R. 2867: Mr. HUTCHINSON and Mr. TATE. AMENDMENT NO. 13: In the item relating to Florida, Mr. MILLER of Florida, Mr. H.R. 2912: Mr. GREEN of Texas, Ms. ROS- ‘‘DEPARTMENT OF JUSTICE—FEDERAL PETERSON of Florida, Mr. LEHTINEN, Ms. NORTON, and Mr. DIAZ- PRISON SYSTEM—SALARIES AND EXPENSES’’, SCARBOROUGH, Mr. SHAW, Mr. MICA, BALART. insert before the period at the end the fol- Mr. MCCOLLUM, Mr. STEARNS, Ms. H.R. 2930: Mr. LAHOOD. lowing: ROS-LEHTINEN, Mr. BACHUS, Mr. BE- H.R. 2976: Mr. COLLINS of Georgia. : Provided further, That the Director of the VILL, Mr. BONIOR, Mr. BORSKI, Mr. H.R. 3006: Ms. WOOLSEY. Federal Prison System shall establish a site BROWDER, Mr. CALLAHAN, Mr. CLEM- H.R. 3199: Mrs. ROUKEMA and Mr. TALENT. for the construction of a Federal prison facil- ENT, Miss COLLINS of Michigan, Mr. H.R. 3202: Ms. MCKINNEY, Mr. SANDERS, Mr. ity within 250 miles of the District of Colum- COMBEST, Mr. CONYERS, Mr. CRAMER, STARK, and Mr. LEWIS of Georgia. bia for the purposes of incarcerating District Mr. DOOLEY, Mr. DOYLE, Mr. ENGLISH H.R. 3207: Mr. NEAL of Massachusetts, Mr. of Columbia felony prisoners. HERGER, Mr. MCINNIS, and Mr. SABO. of Pennsylvania, Mr. EVERETT, Mr. H.R. 3814 FAZIO of California, Mr. FRANK of H.R. 3212: Mr. GRAHAM. OFFERED BY: MR. DAVIS Massachusetts, Mr. FROST, Ms. HAR- H.R. 3234: Mr. MCCOLLUM and Mr. STUMP. MAN, Mr. HOLDEN, Ms. JACKSON-LEE, H.R. 3266: Mr. POMEROY, Mr. LEVIN, Mr. AMENDMENT NO. 14: In the item relating to Mr. JEFFERSON, Mr. JOHNSTON of KILDEE, Mr. DINGELL, and Ms. RIVERS. ‘‘DEPARTMENT OF JUSTICE—GENERAL Florida, Mr. KANJORSKI, Ms. KAPTUR, H.R. 3331: Mr. FILNER, Mr. RAHALL, Mr. ADMINISTRATION—SALARIES AND EXPENSES’’, Mr. KLINK, Mr. MASCARA, Mr. COYNE, and Mr. WAXMAN. after the first dollar amount, insert the fol- MEEHAN, Mr. MOAKLEY, Mr. MORAN, H.R. 3332: Mr. GREEN of Texas. lowing: ‘‘(increased by $250,000)’’. Mr. MURTHA, Mr. NEAL of Massachu- H.R. 3355: Mr. GUTIERREZ, Mr. HOLDEN, and H.R. 3814 Mr. OLVER. setts, Mr. OLVER, Mr. PAYNE of Vir- OFFERED BY: MR. SCOTT H.R. 3427: Mr. DORNAN and Mr. WAMP. ginia, Ms. RIVERS, Mr. SMITH of AMENDMENT NO. 15: Page 28, line 6, after H.R. 3463: Mr. ENGEL and Mr. ACKERMAN. Michigan, Mr. STENHOLM, Mr. the dollar amount, insert the following: ‘‘(re- H.R. 3480: Mr. GUTKNECHT and Mr. SOUDER. STUDDS, Mr. STUPAK, and Mr. TAN- duced by $497,500,000)’’. H.R. 3487: Mrs. CLAYTON, Mr. GEJDENSON, NER): Page 32, line 13, after the dollar amount, Mr. DEUTSCH, Mr. TORKILDSEN, Mrs. H.R. 3842. A bill to amend the Internal Rev- insert the following: ‘‘(increased by SEASTRAND, Mr. BEILENSON, Mr. GILCHREST, enue Code of 1986 to provide an exemption $497,500,000)’’. from income taxation for qualified State tui- Mr. FALEOMAVAEGA, Mr. LONGLEY, Mr. CAMP- H.R. 3816 tion programs; to the Committee on Ways BELL, Mr. CANADY, Ms. WOOLSEY, Mr. POR- and Means. TER, Mr. RIGGS, Mr. GOSS, Mr. JONES, and OFFERED BY: MR. SOLOMON By Mr. UNDERWOOD (for himself, Mr. Mr. GALLEGLY. AMENDMENT NO. 1: Page 36, after line 10, in- GEPHARDT, Mr. BONIOR, Mr. H.R. 3505: Mr. JOHNSON of South Dakota. sert the following new sections: FUNDERBURK, Mr. LANTOS, Mr. BER- H.R. 3537: Mr. KENNEDY of Rhode Island and SEC. 506. (a) DENIAL OF FUNDS FOR PRE- MAN, Mr. RICHARDSON, Mr. ACKERMAN, Mr. FARR. VENTING ROTC ACCESS TO CAMPUS.—None of Mr. EVANS, Mr. ABERCROMBIE, Mr. H.R. 3564: Mr. FAWELL. the funds made available in this Act may be MORAN, Mr. MANTON, Mr. TORRES, H.R. 3577: Mr. STEARNS. provided by contract or by grant (including a ACKSON Ms. LOFGREN, Mr. TRAFICANT, Mr. H.R. 3587: Mr. J . grant of funds to be available for student H.R. 3619: Mr. FARR and Mrs. SEASTRAND. HILLIARD, Mr. FRAZER, Mr. KENNEDY aid) to an institution of higher education H.R. 3621: Mr. MENENDEZ, Mr. ZIMMER, Mrs. of Massachusetts, Mr. SCHUMER, Mr. when it is made known to the Federal offi- ZIMMER, Mrs. KELLY, and Mr. MCNULTY. FALEOMAVAEGA, Mr. TOWNS, Mr. cial having authority to obligate or expend H.R. 3696: Mr. ZELIFF. SPRATT, Mr. ROMERO-BARCELO, Mr. such funds that the institution (or any sub- H.R. 3708: Mr. TORRICELLI, Mr. GREEN of FILNER, Mr. YATES, Mr. DEFAZIO, Mr. element thereof) has a policy or practice (re- Texas, Mr. FROST, and Mr. YATES. HINCHEY, Mr. SANDERS, Ms. KAPTUR, gardless of when implemented) that pro- H.R. 3729: Mrs. THURMAN, Mr. FROST, and Mr. FATTAH, Mr. LIPINSKI, Mr. WATT hibits, or in effect prevents— Mr. LIPINSKI. of North Carolina, Mr. MEEHAN, Ms. (1) the maintaining, establishing, or oper- H.R. 3752: Mr. NETHERCUTT, Mr. BONO, Mrs. VELAZQUEZ, Ms. ROYBAL-ALLARD, and ation of a unit of the Senior Reserve Officer CHENOWETH, Mr. MILLER of Florida, Mr. Mr. HOLDEN): Training Corps (in accordance with section H.R. 3843. A bill to amend title 10, United HERGER, Mrs. VUCANOVICH, Mr. HOSTETTLER, 654 of title 10, United States Code, and other States Code, to prohibit the Defense Com- Mr. BARR, and Mr. STOCKMAN. applicable Federal laws) at the institution missary Agency and nonappropriated fund H.R. 3757: Mr. MANTON. (or subelement); or instrumentalities of the Department of De- H.R. 3787: Mr. OLVER. (2) a student at the institution (or subele- fense from purchasing imported consumer H.R. 3794: Mr. SKELTON and Mr. HUTCHIN- ment) from enrolling in a unit of the Senior items to be sold in commissary or exchange SON. Reserve Officer Training Corps at another in- stores when such consumer items are not H.R. 3797: Mrs. KELLY. stitution of higher education. produced in conformity with minimum labor H.J. Res. 114: Mr. OWENS. (b) EXCEPTION.—The limitation established standards; to the Committee on National Se- H. Con. Res. 190: Mrs. THURMAN, Ms. ESHOO, in subsection (a) shall not apply to an insti- curity. Mr. FOGLIETTA, Mr. CLYBURN, Mr. HOKE, Mr. tution of higher education when it is made LEWIS of Georgia, Mr. WAXMAN, Mr. OLVER, known to the Federal official having author- f Mr. WELDON of Florida, Mr. MARTINEZ, Mr. ity to obligate or expend such funds that— PRIVATE BILLS AND TORRES, Mr. GALLEGLY, and Mr. YATES. (1) the institution (or subelement) has RESOLUTIONS H. Con. Res. 196: Mr. GREEN of Texas, Mr. ceased the policy or practice described in LIPINSKI, and Mr. DEAL of Georgia. such subsection; or Under clause 1 of rule XXII, H. Res. 39: Mr. TORRICELLI, Mr. BROWN of (2) the institution has a longstanding pol- Mr. ROSE introduced a bill (H.R. 3844) for California, Mrs. MEYERS of Kansas, and Mr. icy of pacifism based on historical religious the relief of the estate of William R. Holden FAWELL. affiliation. July 17, 1996 CONGRESSIONAL RECORD — HOUSE H7781

SEC. 507. (a) DENIAL OF FUNDS FOR PRE- older) for purposes of Federal military re- SEC. 508. None of the funds made available VENTING FEDERAL MILITARY RECRUITING ON cruiting: student names, addresses, tele- in this Act may be obligated or expended to CAMPUS.—None of the funds made available phone listings, dates and places of birth, lev- enter into or renew a contract with an entity in this Act may be provided by contract or els of education, degrees received, prior mili- when it is made known to the Federal offi- grant (including a grant of funds to be avail- tary experience, and the most recent pre- cial having authority to obligate or expend able for student aid) to any institution of vious educational institutions enrolled in by such funds that— higher education when it is made known to the students. the Federal official having authority to obli- (b) EXCEPTIONS.—The limitation estab- (1) such entity is otherwise a contractor gate or expend such funds that the institu- lished in subsection (a) shall not apply to an with the United States and is subject to the tion (or any subelement thereof) has a policy institution of higher education when it is requirement in section 4212(d) of title 38, or practice (regardless of when implemented) made known to the Federal official having United States Code, regarding submission of that prohibits, or in effect prevents— authority to obligate or expend such funds an annual report to the Secretary of Labor that— (1) entry to campuses, or access to stu- concerning employment of certain veterans; (1) the institution (or subelement) has and dents (who are 17 years of age or older) on ceased the policy or practice described in campuses, for purposes of Federal military such subsection; or (2) such entity has not submitted a report recruiting; or (2) the institution has a longstanding pol- as required by that section for the most re- (2) access to the following information per- icy of pacifism based on historical religious cent year for which such requirement was taining to student (who are 17 years of age or affiliation. applicable to such entity. 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, WEDNESDAY, JULY 17, 1996 No. 105 Senate The Senate met at 9:30 a.m., and was reach agreement to limit amendments The assistant legislative clerk read called to order by the President pro on that bill. However, if we are unable as follows: tempore [Mr. THURMOND]. to reach an agreement, there will be a A bill (S. 1954) to establish a uniform and cloture vote on the Defense bill during more efficient Federal process for protecting PRAYER today’s session. property owners’ rights guaranteed by the The Chaplain, Dr. Lloyd John There has been good cooperation on fifth amendment. A bill (H.R. 3396) to define and protect the Ogilvie, offered the following prayer: both sides of the aisle on trying to institution of marriage. Almighty God, You have wonderfully identify and limit the amendments. preserved and guided our Nation While we still have a lengthy list, it Mr. LOTT. Mr. President, I object to through the years and given us a posi- seems to be that we can cut them down further consideration of these matters to a reasonable number, and I would tion of leadership in the world. Now we at this time. like for us to make every effort to ask You to bless the Senators and all The PRESIDING OFFICER. The bills complete this Department of Defense who assist them in their high calling. will be placed on the calendar. appropriations bill today. Stir up our patriotism for our Nation Mr. LOTT. Mr. President, I yield the Senators can expect rollcall votes and our passion for the work of Gov- floor. throughout the day and evening in ernment. When we get weary, refresh order to make progress and, again, to f us with new vision for the importance possibly complete action on the bill to- of our work. Give us a new burst of en- MORNING BUSINESS night. thusiasm for our assignments by re- I remind my colleagues that a num- The PRESIDING OFFICER. Under minding us that we really report to ber of appropriations bills now have be- the previous order, there will now be a You and are working for Your glory. come available for consideration. I period for the transaction of morning Help us to remember that we are Your think there are five pending counting business not to extend beyond the hour agents in shaping our society. Purge the Defense appropriations bill. So we of 11 a.m., with Senators permitted to from us any vestige of selfish ambition have a lot of work to do, and I hope to speak therein for up to 5 minutes each. or combative competition that would move forward on those the first part of The Senator from Arizona, [Mr. KYL], hinder teamwork. In a time of history next week. We need cooperation of all is recognized to speak for up to 10 min- when our Nation needs greater trust in our Members in allowing us to consider utes under the previous order. You, we commit ourselves to be leaders and complete these bills in a timely Mr. KYL. I thank the Chair. who unashamedly live their faith and manner. I call on our colleagues on f seek to keep our Nation deeply rooted both sides of the aisle to stick with in You, Your Commandments, and germane amendments and try to limit RELIGIOUS UPBRINGING OF Your vision for us, through our Lord them so that we can get this work CHILDREN and Savior. Amen. done. Mr. KYL. Mr. President, while the f Also, in accordance with last night’s Supreme Court has issued decisions agreement, the Senate will vote on the RECOGNITION OF THE MAJORITY protecting the rights of parents to di- motion to invoke cloture on S. 1936, LEADER rect the religious upbringing of their the Nuclear Waste Policy Act, on children, the lower courts have nar- The PRESIDENT pro tempore. The Thursday of next week. That is July 25. rowly interpreted these decisions to able majority leader, Senator LOTT, is f give them almost no value as prece- recognized. dent. As a result, public school officials Mr. LOTT. I thank the Chair. MEASURES PLACED ON have been permitted to abuse their au- CALENDAR—S. 1954 AND H.R. 3396 f thority and compel students—at the Mr. LOTT. Mr. President, I under- objection of their parents—to partici- SCHEDULE stand there are two bills at the desk pate in activities violative of deeply Mr. LOTT. This morning there will that are now due for their second read- held religious beliefs. This must be of be a period for morning business until ing, and I ask that they be read con- concern at a time when we are all seek- 11 a.m. Following morning business, secutively. ing ways to strengthen families and in- the Senate will resume consideration The PRESIDING OFFICER (Mr. culcate values in our children. of the Department of Defense appro- INHOFE). Without objection, it is so or- One case, which a respected Federal priations bill. We are attempting to dered. The clerk will report. court judge brought to my attention,

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

S7921

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VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7922 CONGRESSIONAL RECORD — SENATE July 17, 1996 not only demonstrates the courts’ un- A videotape of the program reveals and outside the classroom, to ideas and willingness to respect the constitu- that the presenter concentrated on per- values that the parents and the chil- tional rights of parents to direct the sonal matters and used language so dren find offensive.’’ Memorandum and religious upbringing of their children, graphic that it would make former Order, Brown v. Hot, Sexy and Safer Pro- it illustrates a bizarre dichotomy that Surgeon General Jocelyn Elders blush. ductions, No. 93–11842, slip op. at 10 (D. has developed between the first amend- Abstinence was never discussed as an Mass. January 19, 1995). The effect of ment religious clauses: the establish- option to avoid contracting AIDS. The this brush off is to treat a convinced ment clause, which prohibits an offi- assemblies were, however, filled with Christian, Jew, Muslim, or parent of cial religion in the United States, and lewd demonstrations of crude sexual other religious faith as insufficiently the free-exercise clause, which ensures acts. Landolphi kicked off her presen- enlightened, deserving of exclusion every American’s freedom of con- tation to 9th and 10th grade students from the educational process along science. It is my sincere hope that this by saying, ‘‘This is amaz[ing]—I can’t with other narrow-minded and igno- discussion will prod the Congress into believe how many people came here to rant people. The erosion of our values considering ways we can assure that listen to someone talk about sex, in- that this kind of indiscriminate rea- the Constitution will be applied to pro- stead of staying home and having it soning represents is truly breath- tect the rights of parents committed to yourself.’’ This may have been the high taking. firm moral guidance of their children, water mark for the show. III. CONSTITUTIONAL PROTECTION FOR and in the process repair the glaring During the program, the presenter PARENTAL RIGHTS inconsistency that now exists regard- told the students that they were going The liberty clause of the 14th amend- ing enforcement of these religious to have a ‘‘group sexual experience, ment, and the free exercise clause of clauses in our Constitution. with audience participation’’; told a the first amendment, should protect One Senator who has responded to minor he was not ‘‘having enough parents from overreaching public this challenge is Senator GRASSLEY, orgasms’’; commented about a minor’s school officials. The 14th amendment who has introduced an important bill, ‘‘nice butt’’; characterized the loose claim is stronger, but there is also the Parental Rights and Responsibil- pants worn by a student as ‘‘erection precedent for the first amendment to ities Act, which would forbid Federal, protect a religious person from neutral wear’’; and had a male student lick an State, and local governments from government action hostile to his or her oversized prophylactic, after which she interfering with ‘‘the right of a parent beliefs. to direct the upbringing of the child of had a female student pull it over the male’s head. A. FOURTEENTH AMENDMENT the parent.’’ This could resuscitate the The Supreme Court firmly recognizes Supreme Court’s pro-parental rights Landolphi was also philosophical: ‘‘When we are younger, we know about that certain practices are ‘‘so rooted in decisions. Senator GRASSLEY cited the our private parts. We’re less embar- the traditions and conscience of our case I am going to discuss as an exam- people as to be ranked as fundamental’’ rassed. Why is that? With all of us sit- ple of why his legislation deserves seri- and therefore merit protection under ting in this room right now—I mean, ous consideration. the 14th amendment. Palko v. State of have you ever really sat down and II. THE CASE Connecticut, 302 U.S. 319 (1937). I can thought about your private parts? Did On March 4, the U.S. Supreme Court think of few rights as fundamental as declined to hear Brown v. Hot, Sexy and you ever think about them?’’ the right of a parent to control the re- She concluded her presentation by Safer Productions, Inc., 68 F.3d 525 (1st ligious upbringing of his or her chil- Cir. 1995), cert. denied, U.S. (1996), in instructing the students to ‘‘Become dren. which the district court ruled, and the sexually proud and confident people. A troika of Supreme Court decisions circuit court upheld, that it is con- Know how you work. Tell your parents have encouraged us to see this route as stitutional for a public school to com- about sex.’’ potentially fruitful. In Meyer v. Ne- pel students—some as young as 14— Not only was Ms. Landolphi’s pro- braska, 262 U.S. 390, 399 (1923), the Court without notifying parents, to sit gram salacious, it was astonishingly ruled that the liberty clause of the 14th through an explicit AIDS awareness inaccurate. Example: ‘‘When you find amendment protects the fundamental presentation. A ruling that permits out someone you love has this virus, right of parents to bring up children. public school officials to force stu- you tell them they can fight this virus, The right of the parents to have their dents—over the objections of their par- and they might fight it so well that children instructed in a foreign lan- ents—to participate in activities that they may never get ill. That’s a fact.’’ guage was, according to the Court, violate deeply held religious beliefs She informed these students that those ‘‘within the liberty of the amend- should be of concern to us all. infected with HIV could avoid AIDS by ment.’’ Id. at 400. School officials at Chelmsford High getting rid of drugs, alcohol, tobacco, The Court reaffirmed this right in School in Chelmsford, MA, knew full and stress. And what, according to Pierce v. Society of Sisters, 268 U.S. 510 well what they were getting when they Landolphi, relieves stress? ‘‘Sex, of (1925). In Pierce the Court declared un- hired Suzi Landolphi, the owner of a course.’’ constitutional a State statute that re- company called Hot, Sexy, and Safer, For school officials to hold such a quired public school education of chil- to give presentations at two 90-minute controversial—to put it mildly—event dren aged 8 to 16. The Court reasoned assemblies at the school. They viewed without parental notification suggests that the statute ‘‘unreasonably inter- a promotional videotape of the organi- these officials may have deliberately feres with the liberty of parents and zation’s past presentations as well as sidestepped the parents. Even if, on the guardians to direct the upbringing and promotional brochures and articles. other hand, this heedlessness was inad- education of children under their con- The superintendent and the assistant vertent, it begs a broader question: trol * * * The child is not the mere superintendent attended the presen- Have some public school officials be- creature of the State; those who nur- tation. The principal introduced the come so arrogant that they do not even ture him and direct his destiny have presenter to the students. give thought to the views of the people the right, coupled with the high duty, While school officials were busy se- they serve—the community—when to recognize and prepare him for addi- curing what the principal described as planning school events? tional obligations.’’ Id. at 534, 535. ‘‘a very special program,’’ no effort was Some Chelmsford parents believed While decided primarily on free exer- made to alert parents about the assem- that their constitutional right to di- cise grounds, Wisconsin v. Yoder, 406 bly, and students were compelled to at- rect the upbringing of their children U.S. 205 (1972), a decision upholding the tend it. Some argue that public school was violated. A Federal district court right of Amish parents to remove their officials cannot keep parents apprised judge and a court of appeals, however, children from public schools, acknowl- of every detail of their children’s edu- ruled against the parents. edged the liberty interest of parents to cation. But Landolphi’s presentation The district court judge, in granting control the upbringing of their chil- was not a calculus exposition. It was a the defendant’s motion to dismiss, dren. ‘‘The history and culture of West- highly charged event, unrelated to sub- opined: ‘‘Parents who send their chil- ern civilization reflect a strong tradi- jects traditionally taught to high dren to public schools * * * daily risk tion of parental concern for the nur- school students. their children’s exposure, both inside ture and upbringing of their children.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7923 This primary role of the parents in the ‘‘Neutral, generally applicable’ laws, Scalia, have agonized over these deci- upbringing of their children is now es- drafted as they are from the perspec- sions, the courts are aggressive in re- tablished beyond debate.’’ Id. at 232. tive of the nonadherent, have the un- stricting religious activities under the In the Chelmsford case, the circuit avoidable potential of putting the be- establishment clause. The result: an court arrogantly dismissed the 14th liever to a choice between God and gov- extreme dichotomy in religious clauses amendment claim of the parents, com- ernment.’’ Id. at 577. In chronicling the jurisprudence. menting that ‘‘the Meyer and Pierce tensions in free exercise jurispru- Contrast the federal courts’ refusal cases were decided well before the cur- dence—the mechanistic approach of to recognize free-exercise claims with rent ‘right to privacy’ jurisprudence Smith, versus the more nuanced ap- their zeal in banning prayers at school was developed, and the Supreme Court proach of Yoder—the Justices con- ceremonies under the establishment has yet to decide whether the right to cludes that neither line of cases is con- clause. In the same year the AIDS pres- direct the upbringing and education of trolling: ‘‘Our cases now present com- entation at Chelmsford High School oc- one’s children is among those funda- peting answers to the question when curred, the U.S. Supreme Court ruled mental rights whose infringement mer- Government, while pursuing secular in Lee v. Weisman, 505 U.S. 577 (1992) its heightened scrutiny.’’ Hot, Sexy ends, may compel disobedience to what that a prayer given by a rabbi during a and Safer 68 F.3d at 533. For the Court one believes religion commands.’’ Id. at middle school commencement program to suggest that decisions regarding 559. violated this clause. Let’s take a look fundamental rights, including, for ex- If the Court does reevaluate the free- at a part of the offending prayer: ample, the right to marry, are pre- exercise clause, and decides that a God of the Free, Hope of the Brave: For the empted until reanalyzed under the Su- more expansive reading is warranted— legacy of America where diversity is cele- preme Court’s constitutionally suspect as it has already done with gusto for brated and the rights of minorities are pro- privacy decisions is, if not novel, ab- the other first amendment religious tected, we thank You. May these young men surd. But again, when cases involve re- clause, the establishment clause—Jus- and women grow up to enrich it....May ligion, the courts all too often come up tice Scalia offers some preliminary our aspirations for our country and for these with imaginative reasons to avoid fol- thoughts on a revitalized free exercise young people, who are our hope for the fu- ture, be richly fulfilled. Id. at 581,582. lowing good case law. clause more sympathetic to the plain- B. FIRST AMENDMENT tiffs in coercion cases, such as that of In his opinion for the majority, Jus- At first blush, the first amendment’s Chelmsford, and a persuasive rationale tice Kennedy reasoned that ‘‘height- free exercise clause seems like a weak for why the Court should resolve this ened concerns [exist] when protecting instrument for those who seek relief conundrum: freedom of conscience from subtle coer- from neutral State action that inhibits A law that is religion neutral on its face or cive pressure in the elementary and the practice of religion. It was, after in its purpose may lack neutrality in its ef- secondary public schools.’’ Id. at 592. all, Justice Scalia who wrote the deci- fect by forbidding something that religion But where is the concern for the sub- sion in Employment Division, Department requires or requiring something that religion tle coercive pressure of a mandatory of Human Resources of Oregon v. Smith, forbids. A secular law, applicable to all, that AIDS assembly, whose graphic details prohibits consumption of alcohol, for exam- and panderingly hip attitude toward 494 U.S. 872, 879 (1990), which announced ple, will affect members of religions that re- that a ‘‘neutral, generally applicable’’ human sexuality, offend the core val- quire the use of wine differently from mem- ues of believers in the great religions law does not violate the free-exercise bers of other religious and nonbelievers, clause even when it prohibits religious disproportionality burdening the practice of, of the world? Consider that if one exercise in effect. say, Catholicism or Judaism.’’ Id. at 560 (em- agrees with Justice Kennedy that stu- The free exercise claim advanced by phasis added). dents should not be coerced to listen to the Chelmsford parents would have the What the Chelmsford school officials prayer, it is hard to understand why same problem, if Smith were to be our did, with the District Court’s backing, one wouldn’t agree that the free-exer- guide. While the school officials at was require something that was cise clause should protect a school Chelmsford High School certainly of- against the religion of some of the stu- from coercing a student to participate fended religious children by offering dents. Thus this legal framework could in an activity which violates that the AIDS presentation, it does not provide relief for such compulsion situ- students’s religion. But a double-stand- seem that they intended to single out ations. ard has emerged that the Chelmsford religious individuals for the offensive The circuit court in Chelmsford dis- case perfectly illustrates. show. Indeed, they were equal oppor- missed the free-exercise claim under The offending prayer delivered by the tunity offenders. the Yoder scheme on two grounds: rabbi in Weisman was less than 2 min- But for those ready to close the door First, the free-exercise challenge was utes long, compared to the 90-minute on free exercise claims when govern- not ‘‘conjoined with an independently presentation which took place at ment, by application of a neutral man- protected constitutional protection,’’ Chelmsford High School. The Court in date, coerces individuals to violate and Second, the free-exercise claim was Weisman did not require that the stu- their own religious practices, such as distinguishable because the parents did dent’s life lie in ruin when invalidating in the Chelmsford case, the matter is not ‘‘allege that the one-time compul- a benign commencement prayer. Also not set. Relevant to Chelmsford, the sory attendance at the Program consider that the prayer in Weisman is Yoder Court held that when a 14th threatened their entire way of life.’’ a religious statement that is well with- amendment-based claim to protect the Hot, Sexy, and Safer, 68 F.3d at 539. in the tradition of benedictions at fundamental right to control the reli- Neither rationale is persuasive. As graduation ceremonies, and that par- gious upbringing of their children is mentioned above, the Supreme Court ents accompanied the students and had combined with a free-exercise claim—a has firmly recognized that parents notice that the rabbi was speaking. ‘‘hybrid’’ situation—the first amend- enjoy certain constitutional protec- We remove prayer because it’s offen- ment claim is enhanced. Yoder, 406 tions in directing the upbringing of sive to 1 out of 100, but don’t remove— U.S. at 233. Smith acknowledges Yoder their children. And the hybrid situa- or at least make optional—material hybrid claims. Smith, 494 U.S. at 881. tion developed in Yoder, and noted in highly offensive to a student of faith. I Also relevant to the Chelmsford case, Smith, does not require that an indi- believe that most Americans would Justice Scalia, in a useful concurrence vidual’s entire way of life be threat- agree that something is corrupt within in Church of Lukumi Babalu Aye, Inc. v. ened for there to be constitutional re- our jurisprudence when an indecent City of Hialeah, 508 U.S. 520, 559 (1993), course. presentation directed at minors is con- questioned whether the rule he au- IV. DICHOTOMY IN FIRST AMENDMENT RELIGIOUS stitutional while a short commence- thored in Smith, which garnered five CLAUSES ment prayer delivered by a member of votes on the Court, and was the subject While the courts have taken great the clergy is unconstitutional. of a spirited attack by Justice O’Con- pains not to disturb neutrally drafted V. CONCLUSION nor, merits adherence. Justice Scalia laws when considering free-exercise When a public school presents con- suggests that Smith is deficient in re- claims, and even Justices sympathetic troversial subjects, out of courtesy, it solving free-exercise claims when to religious freedom, such as Justice should notify parents, and give them

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7924 CONGRESSIONAL RECORD — SENATE July 17, 1996 the opportunity to have their children selves, then the philosophy of mutual with people that we can predict, people opt out. This isn’t burdensome; it’s the assured destruction would serve us all who think like Westerners think. Yet morally right thing to do. If public well. In other words, the Soviets fire at here we are today considering the de- school officials exercised this courtesy us, we fire at them, everybody dies and fense appropriations bill and giving in the first place, the Chelmsford con- no one is happy. virtually no attention to our ability to troversy could have been avoided. That is not the situation today. I did defend ourselves with a national mis- I believe the courts should return to not agree with it back in 1972. Back sile defense system. the spirit of the Supreme Court deci- when we had the ratification of the So, Mr. President, I am hoping, as we sions on parental rights, and recognize START II agreement, I was the only keep repeating this over and over and protect the right of parents to di- Senator halfway through the rollcall to again, that we can penetrate somehow rect the religious upbringing of their vote against it. Everyone else was vot- this Eastern media who would like to children. The U.S. Constitution re- ing for it until a few others realized make people believe that the threat is quires no less. Meanwhile, Congress that what we were doing is going back not out there, this administration that should consider legislation, such as and reinstating or resurrecting that keeps saying over and over again that Senator GRASSLEY’s parental rights philosophy of the ABM Treaty, except it will be 15 years before we can be bill, to prod the courts to respect one now it would be with Russia as opposed threatened by a missile attack, when of the most basic, and important fun- to the Soviet Union since it no longer in fact there are intercontinental bal- damental rights. exists. listic missiles that can reach the The PRESIDING OFFICER. The Sen- I think it is insane that we would United States from as far away as ator from West Virginia [Mr. ROCKE- even consider something like that. In China or Russia. FELLER], is recognized to speak for up fact, I had permission from Henry Kis- We have been held hostage. We were to 15 minutes under the previous order. singer himself to stand on the Senate held hostage in the Taiwan Strait when Mr. ROCKEFELLER. I thank the floor and quote him when he said that the Chinese went over and were doing Chair. he did agree at the time that that was their missile experimentation. One of (The remarks of Mr. ROCKEFELLER a good policy for America in 1972, but the highest ranking Chinese officials at pertaining to the introduction of S. he said that now some 25 nations have that time said, ‘‘We’re not concerned 1963 are located in today’s RECORD weapons of mass destruction, and he about the Americans coming in and de- under ‘‘Statements on Introduced Bills said, ‘‘It is nuts to make a virtue out of fending Taipei because they would and Joint Resolutions.’’) our vulnerability.’’ rather defend Los Angeles than they Mr. ROCKEFELLER. I thank the This article that I read—I will, with- would Taipei.’’ That has to be at least Presiding Officer and yield the floor. out exceeding my time, just paraphrase an indirect threat at the United States. Mr. President, I suggest the absence a few of the comments here by some of The threat is real. The danger is real. of a quorum. the experts. Donald Rumsfeld was the We are living in a time when the threat The PRESIDING OFFICER. The Secretary of Defense during the Ford is greater than it has been at any time clerk will call the roll. administration. He said: in this country’s history. We, as a The assistant legislative clerk pro- Only someone deep in denial can contend body, are trying to do something about ceeded to call the roll. that the U.S. cannot be threatened by bal- it against the wishes of the administra- Mr. INHOFE. Mr. President, I ask listic missiles. Rogue states like Iran, Iraq tion, and we have to prevail in this ef- unanimous consent that the order for and North Korea have made clear their de- fort for our kids’ sake. the quorum call be rescinded. termination to acquire chemical, biological Lastly, I am from Oklahoma, and The PRESIDING OFFICER [Mr. or nuclear weapons and the missiles to de- liver them. China and Russia, if inclined, those who saw the Murrah Federal Of- BROWN]. Without objection, it is so or- could threaten many countries, near and far, fice Building and saw the television ac- dered. with nuclear missiles. Missiles are a weapon counts of it—you almost had to be f of choice for intimidation, precisely because there to get the full impact of the trag- the world knows that once a missile is NATIONAL MISSILE DEFENSE edy that was there. It was just inde- launched, the U.S. is not capable of stopping scribable. The power of that bomb that Mr. INHOFE. Mr. President, I have it. blew up the Murrah Federal Office been presiding, and I know that we are Henry F. Cooper was the director of Building in Oklahoma City was equal going to be continuing with the defense the Strategic Defense Initiative during to 1 ton of TNT. The smallest nuclear appropriations bill later on. I noticed the Bush administration and the chief warhead known to man is 1 kiloton, something that I read just in the last U.S. negotiator in the Geneva defense 1,000 times the explosive power. So the couple days that was in the Wall Street and space talks during the Reagan ad- threat is there, Mr. President. We need Journal under the title of ‘‘Do We Need ministration. He said—I will just quote to deal with that and do something a Missile Defense?’’ This has been a de- this first sentence: about it. After all, is that not what bate in this body for quite some time America’s vulnerability to ballistic missile Government is for? I suggest the ab- during the Defense authorization bill. attack is a leadership failure of potentially sence of a quorum. It is so obvious on its face, that vir- disastrous proportions. The PRESIDING OFFICER. The tually every strategist, in terms of Then it goes on to quote many oth- clerk will call the roll. strategic defense in the country, agrees ers, including James Woolsey, who was The assistant legislative clerk pro- that we are under probably a greater President Clinton’s former Director of ceeded to call the roll. threat today than we have been maybe the Central Intelligence Agency and Mr. BENNETT. Mr. President, I ask in the history of this country in that now practices law in Washington. He unanimous consent that the order for we no longer are in a cold-war posture was the one who 2 years ago said that— the quorum call be rescinded. where there are two superpowers and this was 2 years ago—we now have 22, The PRESIDING OFFICER. Without you can identify who the other one is, 25 nations that have weapons of mass objection, it is so ordered. The Senator as it was in the case of the cold war. destruction or are in the final stages of from Utah is recognized. Some of us, I think, may be looking completing those weapons and are f back wistfully at the days when there working on the missile means of de- was a cold war and we could identify ploying them, delivering them. THE CRISIS IN EDUCATION IN who the enemy was. I can recall that I think, Mr. President, if you update AMERICA back during the Nixon administration, his statement, as he did the other day, Mr. BENNETT. Mr. President, you Richard Nixon and Dr. Kissinger put it is now up to some 30 nations. Look and some others in this body have together the whole concept of the ABM at who these nations are. When you are heard me say that the one experience Treaty, which was there are only two dealing with the Middle East mentality that took me out of the private sector superpowers that have weapons of mass of Iran, Iraq, and Syria and Lebanon and brought me back into public life destruction and the missile means to and Libya, and, of course, people like was my term as chairman of the Stra- deliver them, at least part way. There- Saddam Hussein, who would murder his tegic Planning Commission for the fore, if we all agree not to defend our- own grandchildren, we are not dealing Utah State Board of Education. I was

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7925 happily serving as the chief executive in an intellectual circumstance. Estab- The article goes on to describe that of a very successful, functioning cor- lishing a monopoly that prevents peo- retaliation in some detail. Mr. Presi- poration when I was asked to take that ple from looking for other ideas or dent, I ask unanimous consent that the assignment in public service. It other ways of doing something is the entire article be printed in the RECORD brought me face to face with the cur- best way to guarantee stagnation. at the conclusion of my remarks. rent crisis in education. What we have in public education now The PRESIDING OFFICER. Without I have been interested in that issue is a monopoly, firmly enforced by the objection, it is so ordered. ever since. I was interested in this teachers’ unions and geared to prevent (See exhibit 1.) morning’s Wall Street Journal where any kind of intellectual competition. Mr. BENNETT. Mr. President, there the following appeared. I would like to We have seen it on the floor of this is no issue that we face in this body call it to the attention of the entire Chamber. Again and again last year, more serious than the challenge of edu- Senate and, hopefully, through the we tried to pass an appropriations bill cating our young people. That is not a CONGRESSIONAL RECORD and C–SPAN, for the District of Columbia. Certainly, cliche. That is a statement of our pri- as wide an audience as possible. In this there is no place in the world that mary survival challenge of the future. morning’s Wall Street Journal there is needs appropriations more than the Talk to CEO’s, talk to personnel direc- the following article that I find incred- District of Columbia. Mired down in fi- tors around the country, and they tell ible: nancial disaster and management you more and more the primary chal- New York City’s Cardinal John J. O’Con- chaos the District needed that money lenge we have long term in this coun- nor has repeatedly made the city an extraor- as quickly as it could come. Yet be- try is maintaining a work force that dinary offer: Send me the lowest performing cause we put into that bill the oppor- can survive international competition. 5% of children presently in the public tunity for experimentation on just that Talk to many of these CEO’s and they schools, and I will put them in Catholic situation described in this morning’s tell you that more and more of their schools—where they will succeed. The city’s story in the Journal, there were people budget is going to pay for remedial response: Silence. on this floor who filibustered against In a more rational world, city officials learning skills for their new hires. would have jumped at the cardinal’s invita- that appropriations bill, willing to hold They are hiring people who cannot read tion. It would have been a huge financial up needed financial support for the Dis- the instructions that they are given to plus for the city. The annual per-pupil cost trict, all in the name of preserving an carry out their work. They are hiring of Catholic elementary schools is $2,500 per educational monopoly for the teachers’ people who cannot figure enough to year, about a third of what taxpayers now unions. spend for the city’s public schools. even make change in a retail situation. Now, I have very good friends in the Recognizing that the schools will not Utah Teachers Association who come Mr. President, I have had this debate teach these people to read and figure, to me and say, ‘‘It is unconstitutional with leaders of the Teachers’ Associa- they are beginning to allocate more for you to spend public money on a pri- tion in Utah. Members of the National and more of their corporate dollars to Education Association do not come to vate institution, particularly a private give this kind of education themselves. see me because they apparently know institution that has connection to a re- It is potentially, as I say, Mr. Presi- that I have already come to the conclu- ligion.’’ Mr. President, we crossed that dent, the single most important issue sion that something must be done to line, successfully, 50 years ago. All of we face. I think with the collapse of break the monopoly that current us are familiar with the GI bills, con- the Soviet Union, this has become the teachers’ unions have on the way edu- sidered by many to be the most suc- long-term survival issue for the United cation is conducted in this country. cessful Government program ever, the The author of this article goes on to most successful expenditure of Govern- States. Yet we allow ourselves to insist tell us his own experience with his own ment money to help people’s lives that that the status quo, producing these children. He tells us how he takes his has ever taken place in the history of kinds of results, is what must be main- children past the Catholic schools the United States. I have heard the GI tained at all costs. We allow ourselves every morning, to enroll them in what bill being described thusly here on the to say we will not even experiment are considered the best public schools floor by some of my colleagues. What with a voucher system that might in New York City. One day he decided do we do in the GI bill? We say to indi- challenge the present monopoly. We he would go in and see what was going viduals, ‘‘Here is the money that we will not even allow an educational sys- on in the Catholic schools, to compare promised you to help you with your tem that is willing to try and experi- it to what was happening in the public education. Now you make the decision ment with 5 percent of the kids who schools. He says, ‘‘* * * I was im- as to where that money will be spent.’’ are doing the worst in our Nation’s pressed. I sat in, for example, as Is it unconstitutional to someone largest city, to see what might happen fourth-grade teacher Susan Viti con- under the GI bill to take that money with that experiment. What are the teachers’ unions afraid ducted a review lesson on the geog- and go to the University of Notre Dame of, when challenged with the oppor- raphy of the Western United States.’’ just because the University of Notre tunity to have an experiment of this He goes on to describe the things that Dame is affiliated with the Catholic kind? They are afraid of people like were done, and then he says: Church? Is it unconstitutional for you Miss Viti, described in the article, I found myself wishing that my own son’s to take that money to go to George- fourth-grade teachers at nearby Public town University here in the District demonstrating to all of the world the School 87, reputedly one of the best public just because Georgetown University is bankruptcy of the present cir- schools in the city, were anywhere near as run by the Jesuits? Of course, not. We cumstance. Education is the only place productive and as focused on basic schools as have long since come to the conclusion I know, Mr. President, where profes- Miss Viti. Both my boys’ teachers have wast- that the money follows the student, sionals—and I consider teachers to be ed an enormous amount of time with empty not that it goes to support the institu- professionals—are willing to accept verbiage about the evils of racism and less money in order to avoid working sexism. By contrast, in Miss Viti’s class and tion. all other Catholic school classes I attended, Would it be unconstitutional for the for public payroll. In every other cir- it was taken for granted that a real edu- city of New York to take Cardinal cumstance, the professionals earn more cation is the best antidote to prejudice. O’Connor up on his offer and say we money when they get out of the public Miss Viti earns $21,000 a year, $8,000 less will give you the 5-percent lowest stu- payroll. Lawyers in private practice than a first-year public-school teacher. ‘‘I’ve dents, we will give you the 5-percent earn more than lawyers who work for taught in an all-white affluent suburban worst problems we have, allow the municipalities and State governments school, where I made over $40,000. This time and the Federal Government. Doctors I wanted to do something good for society, money to follow the students, and let and I am lucky enough to be able to afford to you take care of it for us? No, the con- in private practice earn more than doc- do it. I am trying to instill in my students stitutional precedent has been firmly tors who work for the Public Health that whatever their life situation is now, established. What are they afraid of? Service. But in education, teachers they can succeed if they work hard and They are afraid of saving money? They earn less who work in private schools study.’’ are afraid of doing better by the chil- than those who work for the public. Mr. President, monopoly is a terrible dren? No, they are afraid of the polit- Why do they do it? Because as Miss thing, whether it is in an economy or ical retaliation of the teachers’ union. Viti says, ‘‘I wanted to do something

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7926 CONGRESSIONAL RECORD — SENATE July 17, 1996 good for society. I am lucky to be able Once again, Mr. President, let me Finally, earlier this year, I ventured in, to afford to do it.’’ stress that these are in schools where and I was impressed. I sat in, for example, as Mr. President, I will return to this the minority makeup is identical to fourth-grade teacher Susan Viti conducted a from time to time. I am not on the ap- the minority makeup in the public review lesson on the geography of the West- ern United States. All the children were propriate committee for a variety of schools. If there is ever a statistical completely engaged and had obviously done reasons which we understand around case to be made for the fact that we their homework. They were able to answer here. The committee assignments come need to experiment with this kind of each of her questions about the principal cit- by virtue of the State that you rep- education and break the monopoly that ies and capitals of the Western states—some resent and the interests that you have the teachers’ union has established and of which I couldn’t name—and the topog- in seeing that State is properly rep- is maintaining on public education, raphy and natural resources of the region. resented. But I could not pass the op- this is it. ‘‘Which minerals would be found in the portunity to call to the attention of I thank the Chair for his indulgence. Rocky Mountains?’’ Miss Viti asked. Eager hands shot up. Miss Viti used the lesson to the Senate this incredible statement in As I said, I will return to this subject from time to time because I consider it expand the students’ vocabulary: when the this morning’s paper, whereby the Na- children wrote things down, she insisted on tion’s teachers’ union, working the Nation’s No. 1 survival issue in the proper grammar and spelling. through its affiliates in New York long term. I found myself wishing that my own son’s State, have denied the lowest 5 percent I yield the floor. fourth-grade teachers at nearby Public of the city of New York the oppor- EXHIBIT 1 School 87, reputedly one of the best public tunity to try something new, and have [From the Wall Street Journal, July 17, 1996] schools in the city, were anywhere near as WHY THE CATHOLIC SCHOOL MODEL IS TABOO productive and as focused on basic skills as thus condemned those 5 percent to a Miss Viti. Both my boys’ teachers have wast- (By Sol Stern) continued future of bleakness and lack ed an enormous amount of time with empty of opportunity. New York City’s Cardinal John J. O’Con- verbiage about the evils of racism and A final demonstration of this, Mr. nor has repeatedly made the city an extraor- sexism. By contrast, in Miss Viti’s class and President, again, from the information dinary offer: Send me the lowest-performing in all the other Catholic school classes I vis- 5% of children presently in the public contained in the article comparing ited, it was taken for granted that a real schools, and I will put them in Catholic education is the best antidote to prejudice. what happens in New York City Schools—where they will succeed. The city’s Miss Viti earns $21,000 a year, $8,000 less schools—the public schools that are response: silence. than a first-year public-school teacher. ‘‘I’ve spending three times as much as the In a more rational world, city officials taught in an all-white, affluent suburban Catholic schools—in terms of the re- would have jumped at the cardinal’s invita- school, where I made over $40,000,’’ she says. sults. Here is the conclusion that tion. It would have jumped at the cardinal’s ‘‘This time I wanted to do something good invitation. It would have been a huge finan- comes from the New York State De- for society, and I am lucky enough to be able cial plus for the city. The annual per-pupil to afford to do it. I am trying to instill in my partment of Education. This is not a cost of Catholic elementary schools is $2,500 conclusion that comes from the man- students that whatever their life situation is per year, about a third of what taxpayers now, they can succeed if they work hard and agers of the private schools, the Catho- now spend for the city’s public schools. study.’’ lic schools. This is the conclusion that NO IDLE BOAST You might expect liberals, self-styled comes from the New York State offi- More important, thousands more disadvan- champions of disadvantaged children, to ap- cials themselves: taged children would finish school and be- plaud the commitment and sacrifice of edu- Catholic schools with 81 percent to 100 per- come productive citizens. For Cardinal cators like Susan Viti. You might even ex- cent minority composition outscored New O’Connor’s claim that Catholic schools pect them to look for ways of getting gov- York City public schools with the same per- would do a better job than public schools is ernment money to these underfunded centage of minority enrollment in grade 3 no idle boast. In 1990 the RAND Corporation schools. Instead, they’ve done their best to reading . . . compared the performance of children from make sure the wall of separation between New York City’s public and Catholic high church and state remains impenetrable. Lib- In grade 3 reading, they were 17 per- schools. Only 25% of the public-school stu- eral child-advocacy groups tout an endless cent better; in grade 3 mathematics, 10 dents graduated at all, and only 16% took array of ‘‘prevention’’ programs that are percent better; in grade 5 writing, 6 the Scholastic Aptitude Test, vs. 95% and supposed to stave off delinquency, dropping percent better; in grade 6 reading, 10 75% of Catholic-school students, respec- out of school and teen pregnancy—yet they percent better; in grade 6 mathematics, tively, Catholic-school students scored an consistently ignore Catholic schools, which 18 percent better. average of 815 on the SAT. By shameful con- nearly always succeed in preventing these A Rand Corp. study compared the trast, the small ‘‘elite’’ of public-school stu- pathologies. Read the chapter on education in Hillary performance of children from New dents who graduated and took the SAT aver- aged only 642 for those in neighborhood Clinton’s ‘‘It Takes a Village.’’ Mrs. Clinton York City’s public schools and Catholic schools and 715 for those in magnet schools. advocates an alphabet soup of education pro- high schools and came up with these In 1993 the New York State Department of grams for poor kids, but says not a word statistics. Again, this is not from the Education compared city schools with the about Catholic schools. Similarly, in his Catholic school system itself; this is highest levels of minority enrollment. Con- books on education and inner-city ghettos, from an outside observer known for its clusion: ‘‘Catholic schools with 81% to 100% Jonathan Kozol offers vivid tours of decrepit excellence and its objectivity, the minority composition outscored New York public schools in places like the South Rand Corp.: City public schools with the same percentage Bronx, but he never stops at the many of minority enrollment in Grade 3 reading Catholic schools that are succeeding a few Only 25 percent of the public school stu- (+17%), Grade 3 mathematics (+10%), Grade 5 blocks away. dents graduated at all . . . writing (+6%), Grade 6 reading (+10%) and Why are Catholic schools taboo among Let me repeat that statistic, Mr. Grade 6 mathematics (+11%).’’ those who talk loudest about compassion for President. It is staggering. Yet most of the elite, in New York and the downtrodden? It’s hard to escape the elsewhere, is resolutely uninterested in the conclusion that one of the most powerful Only 25 percent of the public school stu- Catholic schools’ success. In part this re- reasons is liberals’ alliance with the teach- dents graduated at all, and only 16 percent flects the enormous power of teachers’ ers’ unions, which have poured hundreds of took the Scholastic Aptitude Test. unions, fierce opponents of anything that millions of dollars into the campaign coffers By shameful contrast, the small ‘‘elite’’ of threatens their monopoly on education. In of liberal candidates around the country. public school students who graduated and part it reflects a secular discomfort with re- Two weeks ago I attended the National Edu- took the SAT averaged only 642 for those in ligious institutions. cation Association convention in Wash- neighborhood schools and 715 for those in I myself have felt this discomfort over the ington, a week-long pep rally for Bill Clinton magnet schools. years, walking past Catholic schools like St. punctuated by ritual denunciations of pri- Here is the shameful contrast: 25 per- Gregory the Great, near my Manhattan vatization. cent of the public school students grad- home. Every morning, as I took my sons to Before the teachers’ unions rise to political uated, and 16 percent took the SAT; public school, I couldn’t help noticing the power, it was not unusual to see urban and 95 percent of the Catholic school well-behaved black and Hispanic children in Democrats like former New York Gov. Mario children graduated, and 75 percent took their neat uniforms entering the drab parish Cuomo support government aid to Catholic building. But my curiosity never led me past schools. Mr. Cuomo’s flip-flop on this issue is the SAT’s. The Catholic school stu- the imposing crucifix looking down from the especially revealing. In 1974, when he first dents scored an average of 815 on the roof, which evoked childhood images of ran for public office, Mr. Cuomo wrote a let- SAT, compared to 642 of the public Catholic anti-Semitism and clerical obscu- ter to potential supporters: ‘‘I’ve spent more schools. rantism. than 15 years...arguing for aid to private

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7927 schools,’’ he wrote. ‘‘If you believe aid is a very extensive debate over ways to day, because of a strong bipartisan coa- good thing, then you are the good people. If achieve more fairness for taxpayers, es- lition, the Senate has now followed you believe it, then it’s your moral obliga- pecially small taxpayers, through re- suit by unanimously passing taxpayer tion, as it is my own, to do something about form of our tax system. Proposals are bill of rights 2. it....Let’s try tax-credit plans and any- I am also proud to say I have had the thing else that offers any help.’’ most often very complex and some- Mr. Cuomo soon learned his lesson. In his times extremely partisan. But there is privilege and honor of working very published diaries he wrote: ‘‘Teachers are one simple, inexpensive, and I must say closely with my colleagues in the Sen- perhaps the most effective of all the state’s unanimously-agreed upon legislative ate. Senator CHUCK GRASSLEY, of Iowa, unions. If they go all-out, it will mean tele- package that helps make paying taxes has been a strong champion for years phones and vigorous statewide support. It fairer to the taxpayer. Mr. President, of increasing taxpayers’ rights. He has will also mean some money.’’ In his 1982 we call this proposal the taxpayer bill been, certainly, a grand ally in this campaign for governor, Mr. Cuomo gave a of rights 2, which passed the Senate by long fight. Senator HARRY REID, from speech trumpeting the primacy of public unanimous vote on Thursday evening. Nevada, has also been a strong advo- education and the rights of teachers. He won cate for giving additional rights to the the union’s enthusiastic endorsement I am very proud we passed this par- against Ed Koch in the Democratic primary. ticular piece of legislation by unani- taxpayer. He has been a strong advo- Over the next 12 years, in private meetings mous consent. The passage of this im- cate and supporter of taxpayer bill of with Catholic leaders, Gov. Cuomo would de- portant piece of legislative work is the rights 2. In fact, the very first speech clare that he still supported tax relief for pa- culmination of over one decade of dedi- that Senator REID made on the floor of rochial school parents. Then he would take a cation to its philosophy. the U.S. Senate, shortly after his elec- completely different position in public. For Many of our colleagues in the Senate tion, related to the necessity and the example, in 1984 he acknowledged that giving need of having a taxpayer bill of rights. tax credits for parochial-school tuition was today were not here in 1988 when Con- gress passed, and President Reagan I look forward to President Clinton ‘‘clearly constitutional’’ under a recent Su- signing this very important bill in the preme Court decision—but he refused to sup- signed into law, the very first taxpayer port such a plan. bill of rights. That bill was the first days ahead. The taxpayer bill of rights Politically controlled schools are unlikely ever comprehensive piece of legislation 2 builds on a foundation laid by the to improve much without strong pressure enumerating the rights of the Amer- original taxpayer bill of rights. It pro- from outside. Thus, the case for government ican taxpayer. For example, in the tax- tects taxpayers by requiring the IRS to aid to Catholic schools is now more compel- payer bill of rights 1 provided: achieve higher standards of accuracy, ling than ever, if only to provide the com- First, the right of the taxpayer to be timeliness, and fair play in providing petitive pressure to force state schools to taxpayer service. It makes the Internal change. And the conventional wisdom that informed of their respective rights; Second, the right of the taxpayer to Revenue Service accountable. government is constitutionally prohibited The taxpayers bill of rights 2 from aiding Catholic schools has been under- rely on written advice of the Internal mined by several recent U.S. Supreme Court Revenue Service; achieves these new standards through decisions. Third, the right of the taxpayer to 27 new provisions—27 new protections SUCKER’S TRAP representation; and for the American taxpayer, as a result of the passage of the taxpayer bill of Since the powerful teachers’ unions vehe- Fourth, the right of the taxpayer to mently oppose any form of government aid recover, for the first time, civil dam- rights 2. to Catholic schools, reformers are often skit- ages and attorney’s fees from the Inter- First, expansion of the authority of tish about advocating vouchers or tuition nal Revenue Service. the taxpayer advocate to prevent hard- tax credits, fearing that will end the public- These and other basic, commonsense ships on taxpayers; Second, creation of small taxpayers’ school reform conversation before it begins. provisions were codified by the first But to abandon aid to Catholic schools in the rights to an installment agreement, taxpayer bill of rights. The battle name of public-school reform is a sucker’s and further rights when installment waged by a strongly bipartisan coali- trap. We have ended up with no aid to Catho- agreements are denied or terminated tion for their codification was hard- lic schools and no real public-school reform are specifically spelled out to benefit fought, and their ultimate enactment either. the taxpayer; Catholic schools are a valuable public re- was a first giant step for the American Third, the expansion of the reasons source not just because they profoundly ben- taxpayer. for which the IRS must abate interest efit the children who enroll in them. They But, since 1988 Mr. President, we also challenge the public-school monopoly, when it has delayed a taxpayers’ case, have learned much about the Internal and for the very first time in our his- constantly reminding us that the neediest Revenue Service and the needs of tax- kids are educable and that spending extrava- tory, a grant of authority to the courts gant sums of money isn’t the answer. No one payers. Now is clearly time to more of the power to review the interest who cares about reviving our failing public fully develop and expand those par- abatement determination; schools can afford to ignore this inspiring ticular rights. With Thursday’s passage Fourth, an increase in the amount a laboratory of reform. of the taxpayer bill of rights 2, we have taxpayer can recover in civil damages Mr. BENNETT. I suggest the absence taken a very significant step forward, from $100,000 to $1 million, when the In- of a quorum. treating taxpayers more like cus- ternal Revenue Service or an agent The PRESIDING OFFICER. The tomers. thereof has acted negligently or reck- clerk will call the roll. This step follows the efforts taken in lessly in the taxpayer’s case; The legislative clerk proceeded to 1988 with the enactment of the first Fifth, provisions strengthening the call the roll. taxpayer bill of rights. code so the taxpayer may recover out- Mr. PRYOR. Mr. President, I ask In 1992 I first introduced the taxpayer of-pocket costs; unanimous consent that the order for bill of rights 2 with considerable bipar- Sixth, rules prohibiting the Internal the quorum call be rescinded. tisan backing of some 52 of our col- Revenue Service from issuing retro- The PRESIDING OFFICER. Without leagues on each side of the aisle. The active proposed regulations unless the objection, it is so ordered. bill passed Congress twice that year. It Congress provides otherwise. Mr. PRYOR. Mr. President, I assume was ultimately vetoed because it was Mr. President, the taxpayer bill of we are in morning business. I ask unan- included as part of two large tax bills rights 2 contains many more common- imous consent I may proceed for no with which President Bush did not sense provisions, designed to safeguard more than 10 minutes. agree. Since these two bills were ve- the rights of taxpayers. Taken to- The PRESIDING OFFICER. The Sen- toed at that time, the Senate has not gether, these provisions will work to ate is in morning business and the Sen- considered taxpayer bill of rights 2 on restore more faith in our system of ator is recognized for 10 minutes, with- its own merits until this past Thurs- taxation. It will provide more protec- out objection. day. In making its way to the Senate, tion for the taxpayer in dealing with f this very important piece of legislation the Internal Revenue Service. passed the House of Representatives by I truly believe that in the long run, TAXPAYER BILL OF RIGHTS 2 a unanimous 425 to 0 vote. I applaud this very important, bipartisan legisla- Mr. PRYOR. Mr. President, over the the action of the House of Representa- tion will help bolster taxpayer con- past several years there has been a tives, and I am proud that this Thurs- fidence in dealing with the Government

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7928 CONGRESSIONAL RECORD — SENATE July 17, 1996 by ensuring taxpayers that they are terest payments abroad are an unam- In April through June of 1996, official going to get fair treatment by the tax biguous loss to American incomes. This Treasury purchases were only one- collector, the Internal Revenue Serv- is not the case with interest paid to do- tenth as large as in the first quarter. It ice. mestic residents and domestic institu- was no accident that bonds fell sharply Mr. President, in closing, I would tions. As such, continued purchases of during this period, with the 30-year like to this morning pay a very, very Treasuries amount to mortgaging away yield soaring from 6.6 to 7.2 percent. special tribute to a fine gentleman who our future standard of living a little bit The recent example stresses the im- has worked for years to make certain at a time. portance of reducing the amount of that the taxpayers’ bill of rights No. 2 The second reason is that it is usu- U.S. debt issuance now. Only in this became the law of this land. This fine ally a bad sign to see a country find way will we be able to prevent a sharp gentleman is Steve Glaze. He is a mem- itself predominantly with foreign cen- future bond market selloff if foreign ber of my staff. He sits to my left at tral bank money, because when they central banks scale back their enor- this moment on the floor, and I can say buy our Treasuries, they lend us their mous appetite for our securities, which without reservation that without Steve money. So it is usually a bad sign to appetite is not singularly predicated Glaze’s constant help and support, his see a country find that a foreign cen- upon their confidence in us but, rather, inspiration many times when we tral bank is a predominant lender of in this case, the Japanese purchases thought the taxpayers’ bill of rights 2 money to us. are in their own self-interest for the This usually bespeaks a lack of suffi- would never see the light of day and time being, for they are attempting to cient private investment and is a warn- never become law, Steve Glaze was al- effect the value of the yen versus the ways that optimistic individual, ing of unsustainable fiscal policies. Witness Mexico in 1995. That is why I dollar their way. knowledgeable, inspired and com- When that all gets stabilized, who mitted to making certain that the view the first quarter’s current data with such alarm. It showed that for- will fill the gap as they begin to dis- American taxpayer got a fairer break. pose of these inordinate holdings of So, Mr. President, I thank my very eign central banks bought $55 billion in U.S. Treasuries from January to March American Treasuries? worthy staff member, Steve Glaze, for Mr. President, I yield the floor and his magnificent contribution to this bi- of this year alone—$55 billion. That is nearly double the amount that central thank the Senate for the time. partisan piece of legislation. The PRESIDING OFFICER. Who I thank the Chair, and I yield the banks bought in all of 1994 and is over 80 percent of 1995’s yearly total. seeks recognition? floor. Mr. DOMENICI. I suggest the absence The PRESIDING OFFICER. Who Let me put it another way. First of a quorum. seeks recognition? quarter foreign official bond purchases The PRESIDING OFFICER. The Mr. DOMENICI addressed the Chair. amounted to 6.5 percent of the entire The PRESIDING OFFICER. The Sen- stock of foreign treasury holdings clerk will call the roll. ator from New Mexico is recognized. which had been built up over time. The bill clerk proceeded to call the Mr. DOMENICI. Mr. President, I un- This goes a long way toward explaining roll. derstand morning business will be com- why the treasury market was so resil- Mr. STEVENS. Mr. President, I ask pleted at 11 o’clock. I will attempt to ient initially to the collapse of the bal- unanimous consent that the order for keep my time to that. If you will ad- anced budget talks that we were hav- the quorum call be rescinded. vise me when the time is up, I would ing with the administration at the The PRESIDING OFFICER (Mr. appreciate it. start of this year. GRAMS). Without objection, it is so or- The PRESIDING OFFICER. The Sen- Why were central banks buying so dered. The Senator from Alaska. ator is correct. Morning business does many of our Treasury bills, so many of Mr. STEVENS. What is the pending expire at 11 o’clock. The Chair will ad- our IOU’s? While some may have business now? vise the Senator. viewed United States debt as a good in- f Mr. DOMENICI. I had contacted Sen- vestment, the main player was the DEPARTMENT OF DEFENSE AP- Bank of Japan. It was not buying our ator THURMOND about the last 5 min- PROPRIATIONS FOR FISCAL Treasury bills because it wanted to, utes, and he is not coming, so that is YEAR 1997 why I am using his time. but only did so to prop up the dollar The PRESIDING OFFICER. The f and keep the yen weak as a way of aid- ing its ailing exporters and its banking clerk will report the bill. FOREIGN OWNERSHIP OF U.S. sector. The bill clerk read as follows: TREASURIES The Bank of Japan has been forced A bill (S. 1894) making appropriations for Mr. DOMENICI. Mr. President, while into such defensive dollar buying ever the Department of Defense for the fiscal year much attention has been given to the since the Clinton administration forc- ending September 30, 1997, and for other pur- trajectory of our budget deficit in re- ibly devalued the dollar in 1993. Since poses. cent months, very little has been said 1993, the Bank of Japan’s reserves have The Senate resumed consideration of about how we are financing this deficit. tripled from $69 billion, Mr. President, the bill. I think this latter point is crucial be- to $208 billion, underpinning our bond Pending: cause there are some very troubling market with those huge quantities of Stevens amendment No. 4439, to realign trends in the ownership of U.S. Treas- purchases. funds from Army and Defense Wide Oper- uries which could spell trouble down Since these reserves are held in dol- ation and Maintenance accounts to the Over- the road. lars, this translates into a similar seas Contingency Operations Transfer Fund. Foreign ownership of U.S. Treasuries amount of treasury purchases. At Mr. STEVENS addressed the Chair. has surged in the last 31⁄2 years. As a present, these Japanese treasury pur- The PRESIDING OFFICER. The Sen- percent of the total private holdings, chases are very stable. The Bank of ator from Alaska. this ratio soared from 19 percent in 1992 Japan cannot sell them without pre- Mr. STEVENS. Mr. President, my un- to 25 percent by 1995. To put this in cipitating a fall in the dollar versus derstanding as to the vote on the clo- perspective, foreign treasuries and yen. However, once its banking sector ture motion that was filed last week, it their holdings held within a fairly sta- reserves and its exporters adjust to the has been temporarily set aside and ble, and narrow range of 15 to 20 per- current yen level, there will be less could be called back by the leadership cent during the 12 years previous to need for the Bank of Japan to be buy- after notice to the minority; is that 1992. ing Treasuries. Since the U.S. bond correct? Some may argue that this recent rise market has been accustomed to their The PRESIDING OFFICER. The Sen- is not worrisome. Indeed, we should be steady purchases, this will come as a ator is correct. grateful, some would say, for foreign blow to the Treasury market of the Mr. STEVENS. The Senator from Ha- participation. However, this ignores United States. Indeed, we have already waii and I are now at liberty to proceed two very key facts. seen a mild example of what might with the bill; is that correct? One, this money must be paid back happen when foreign central banks The PRESIDING OFFICER. That is with interest at a future date, and in- scale back their dollar purchases. correct.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7929 Mr. STEVENS. When we were inter- $56,200,000 shall be available for the Corps ries of amendments that I will articu- rupted by the proceedings on the clo- Surface-to-Air Missile (CORPS SAM) pro- late after we adopt this amendment. ture motions last week, I had an gram and $515,743,000 shall be available for This is a managers’ amendment. It has amendment pending which had been set the Other Theater Missile Defense/Follow-On been drafted and prepared by Senator TMD Activities program. (e) Funds appro- aside. Is that still the situation with priated in title II of this Act for supervision INOUYE. With his consent, I have called regard to this bill? and administration costs for facilities main- it up as an amendment in the second The PRESIDING OFFICER. The tenance and repair, minor construction, or degree to the pending amendment. pending question is amendment No. design projects may be obligated at the time I want to give notice to all Senators 4439, as the Senator has stated. Is there the reimbursable order is accepted by the that it is being brought up and it is a further debate on the amendment? performing activity: Provided, That for the technical amendment. However, it does Mr. STEVENS. I suggest the absence purpose of this section, supervision and ad- cover a series of amendments that were of a quorum. ministration costs includes all in-house gov- filed in cloture. This amendment, if The PRESIDING OFFICER. The ernment costs. (f) Of the funds appropriated in title IV of this Act, under the heading Re- adopted, covers amendments Nos. 4466, clerk will call the roll. search, Development, Test and Evaluation, 4439, 4467, 4468, 4469, 4470, 4471, 4472, 4473, The bill clerk proceeded to call the Navy, $2,000,000 is available for titanium 4474, 4475, 4476, 4477, 4478, 4481, 4482, 4483, roll. processing technology. (g) Advance billing 4484, 4485, 4486, 4487, 4488, 4511, 4565, 4567, Mr. STEVENS. Mr. President, I ask for services provided or work performed by and 4576. I believe that is the list. unanimous consent that the order for the Navy’s defense business operating fund Because of the cloture requirements, the quorum call be rescinded. activities is prohibited: Provided, That of the we filed separate amendments to The PRESIDING OFFICER. Without funds appropriated under the heading Oper- achieve the same objective as the man- objection, it is so ordered. ation and Maintenance, Navy, $2,976,000,000 shall be available only for depot mainte- agers’ amendment we had worked out AMENDMENT NO. 4439 nance activities and programs, and before the cloture motion was filed. Mr. STEVENS. Mr. President, I ask $989,700,000 shall be available only for real These were a series, not totally tech- the clerk to lay before the Senate the property maintenance activities. (h) The nical, of amendments that had been amendment that was set aside, No. Secretary of Defense may waive reimburse- worked out on both sides and cleared 4439. ment of the cost of conferences, seminars, on both sides for inclusion in this bill The PRESIDING OFFICER. That is courses of instruction, or similar educational by unanimous consent. If we adopt this the pending question. activities of the Asia-Pacific Center for Se- amendment, I will ask that the amend- curity Studies for military officers and civil- Mr. STEVENS. Mr. President, this is ian officials of foreign nations if the Sec- ments I have just read be withdrawn. a technical amendment that transfers retary determines that attendance by such I turn to my friend from Hawaii to funds from one account to another to personnel, without reimbursement, is in the seek his concurrence in this procedure. assure that the contingency operations national security interest of the United Mr. INOUYE. Mr. President, I have of the Department will be met. States: Provided, That costs for which reim- no objection, and I wish to advise my AMENDMENT NO. 4589 TO AMENDMENT NO. 4439 bursement is waived pursuant to this sub- colleagues that this procedure and section shall be paid from appropriations (Purpose: A second degree amendment to these amendments have been cleared available for the Asia-Pacific Center. (i) Of amendment number 4439 filed by Mr. Ste- by both sides. the funds appropriated in title IV of this Act, vens) Mr. STEVENS. Mr. President, I want under the heading Research, Development, Mr. STEVENS. Mr. President, I now Test and Evaluation, Defense-Wide, $3,000,000 to wait a minute in total fairness. We send to the desk an amendment which shall be available for a defense technology are trying to contact one Senator. I was proposed by Senator INOUYE and transfer pilot program. (j) Of the funds ap- want to make sure there is no disagree- introduced on Friday. propriated in title IV of this Act, under the ment. We have the list here, if anyone The PRESIDING OFFICER. The heading Research, Development, Test and who is observing these proceedings is clerk will report. Evaluation, Navy, $4,000,000 is available for concerned. This will, in effect, adopt The bill clerk read as follows: the establishment of the National Coastal the amendments that we were pre- Data Centers required by section 7901(c) of pared, before the cloture motion was The Senator from Alaska [Mr. STEVENS], title 10, United States Code, as added by the for Mr. INOUYE, proposes an amendment National Defense Authorization Act for Fis- filed, to recommend to the Senate as numbered 4589 to amendment No. 4439. cal Year 1997. (k)(1) Of the amounts appro- one managers’ amendment. That is our The amendment is as follows: priated or otherwise made available by this proceeding now. In lieu of the matter to be inserted by Act for the Department of the Air Force, I suggest the absence of a quorum. amendment number 4439, at an appropriate $2,000,000 shall be available to provide com- The PRESIDING OFFICER. The place in the bill insert: prehensive care and rehabilitation services clerk will call the roll. SEC. 8099. (a) Notwithstanding any other to children with disabilities who are depend- The bill clerk proceeded to call the provision of this Act, the number for Mili- ents of members of the Armed Forces at roll. tary Personnel, Navy shall be $16,948,481,000, Lackland Air Force Base, Texas. Mr. STEVENS. Mr. President, I ask (2) Subject to subsection (3), the Secretary the number for Military Personnel, Air unanimous consent that the order for Force shall be $17,026,210,000, the number for of the Air Force shall grant the funds avail- able under subsection (a) to the Children’s the quorum call be rescinded. Operation and Maintenance, Army shall be The PRESIDING OFFICER. Without $17,696,659,000, the number for Operation and Association for Maximum Potential (CAMP) Maintenance, Air Force shall be for use by the association to defray the costs objection, it is so ordered. $17,326,909,000, the number for Operation and of designing and constructing the facility re- Mr. STEVENS. Mr. President, I re- Maintenance, Defense-Wide shall be ferred to in subsection (1). state my request. I have an amendment $9,887,142,000, the number for Overseas Con- (3)(a) The Secretary may not make a grant at the desk. I ask unanimous consent tingency Operations Transfer Fund shall be of funds under subsection (2) until the Sec- that it be considered as a substitute for $1,140,157,000, the number for Defense Health retary and the association enter into an agreement under which the Secretary leases the pending amendment. Program shall be $10,251,208,000, the number The PRESIDING OFFICER. Without for Defense Health Program Operation and to the association the facility to be con- structed using the funds. objection, it is so ordered. maintenance shall be $9,931,738,000. (b) Of the Mr. CRAIG. Mr. President, the plas- funds appropriated under the heading Air- (b)(1) The term of the lease under para- craft procurement, Air Force, $11,500,000 graph (1) may not be less than 25 years. ma quench technology amendment will shall be made available only for modifica- (2) As consideration for the lease of the fa- yield valuable results for our defense tions to B–52 bomber aircraft. (c) Of the cility, the association shall assume responsi- and aerospace industries in the near fu- funds appropriated in title VI of this Act, bility for the operation and maintenance of ture. I understand it has been accepted the facility, including the costs of such oper- under the heading Chemical Agents and Mu- by the committee, so I will keep my re- nitions Destruction, Defense for Research, ation and maintenance. (c) The Secretary may require such addi- marks brief. I sincerely appreciate the development, test and evaluation, $3,000,000 tional terms and conditions in connection help and support of the chairman of the shall only be for the accelerated develop- with the lease as the Secretary considers ap- subcommittee, Senator STEVENS and ment of advanced sensors for the Army’s Mo- propriate to protect the interests of the bile Munitions Assessment System. (d) Of the ranking member, Senator INOUYE. United States. the funds appropriated in title IV of this Act, Mr. President, my amendment would under the heading Research, Development, Mr. STEVENS. I stand corrected. provide $2 million from funds available Test and Evaluation, Defense-Wide, This is an amendment based upon a se- under title IV of the legislation before

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7930 CONGRESSIONAL RECORD — SENATE July 17, 1996 us, to support development of an inno- The amendment (No. 4439), as amend- budgetary, cost, technical, operational, vative metallurgic technology called ed, was agreed to. training, and safety issues associated with a plasma quench developed at the Idaho Mr. STEVENS. Mr. President, I move decision to eliminate development of the F– National Engineering Laboratory, to to reconsider the vote. 22B two-seat training variant of the F–22 ad- vanced tactical fighter: Provided further, be used in producing ultra fine tita- Mr. INOUYE. I move to lay that mo- That the assessment required by the pre- nium powder and developing an injec- tion on the table. ceding proviso shall be submitted, in classi- tion molding of titanium metal. The motion to lay on the table was fied and unclassified versions, by the Sec- Titanium metal is of critical signifi- agreed to. retary of the Air Force to the Congressional cance to a wide variety of strategically Mr. STEVENS. Mr. President, I read defense committees not later than February important manufactured products, and the series of amendments that have 15, 1997’’. the need for titanium in the production been proposed in the cloture mode, and Mr. STEVENS. Mr. President, this of such products is set to increase dra- I recall all of those amendments. amendment allocates $1 million for the matically. In the transportation and The PRESIDING OFFICER. Without Air Force to assess comprehensively aerospace areas the feasibility of many objection, those amendments are re- the implications of the service’s recent advanced products is predicated on a called. decision to terminate development of a high-quantity, low cost supply of tita- Mr. STEVENS. Mr. President, we two-seat trainer variant of the F–22 ad- nium that simply does not currently have a series of amendments that have vanced tactical fighter. exist. At the same time that U.S. aero- been filed, and we have been notified of I might state to the Senate that we space companies and other manufac- a series that Members will seek to de- have been informed that, if there was a turers are becoming more dependent on bate. We have an understanding with proposal to eliminate the two-seat var- titanium, the sources for processed ti- the leadership that a cloture motion iant of the F–22 advanced tactical tanium metal are increasingly moving will continue to be set aside so long as fighter, that would leave us without a offshore, becoming more expensive. we proceed expeditiously with this bill. training vehicle for this very sophisti- High capital and operational costs, in Senator INOUYE and I are prepared to cated new aircraft. addition to the waste disposal costs as- debate and consider any amendments We are not mandating that the deci- sociated with the standard Kroll proc- that Members have indicated they wish sion be changed. We are mandating ess for titanium production are largely to bring before the Senate. We will an- that there be a study made of that de- to blame for this migration. This situa- nounce to the Senate that if there are cision with regard to safety and train- tion threatens to seriously diminish no Members that wish to bring the ing problems, as well as budgetary and the leverage and control exercised by matters before the Senate, we will go technical problems, and that the Ap- U.S. manufacturers over this impor- to third reading. propriations Committees and the tant strategic material. Mr. INOUYE. Mr. President, will the Armed Services Committees of the The plasma quench process rep- Senator yield? House and Senate receive this study by resents an alternative to the Kroll Mr. STEVENS. Yes, I will. Does the February 15, 1997. process that could have a radical im- Senator from Hawaii have any remain- The Air Force normally acquires pact on the world’s titanium market ing amendments he wishes to consider? fighter aircraft in single-seat and two- by dramatically reducing the capital Mr. INOUYE. Not personally. seat variants so that the latter may be and process costs, and eliminating the Mr. President, I want to advise my used for pilot flight training. Although waste stream associated with titanium colleagues that the managers of this the twin-seat trainers cost more than production. While commercial-scale measure are prepared to not only de- the single seat aircraft, they are con- production of other metals using this bate but to pass this measure today. If sidered necessary for the effective and process has already been demonstrated, we cooperate, we should be able to do safe training of pilots in the demanding much developmental work is necessary so by a reasonable time this evening. air-to-air and air-to-ground tactical to prove the viability of the process That would mean tomorrow and the environments. Should a student pilot with regard to titanium. weekend would be free for our col- experience difficulties, the instructor Mr. President, this is an important leagues to do what they normally wish pilot can assume control of the aircraft step in assuring the cost-effective, via- to do at this time of the year. So, Mr. and safely demonstrate the required ble, and readily accessible production President, I hope that the staff on both procedures and maneuvers. in the United States. As I mentioned sides will send the message out to Recently, the Air Force decided to before, I thank the committee for ac- those who are interested in presenting cease development of the two-seat F– cepting this amendment. amendments to come forth to the floor 22—known as the ‘‘F–22B’’—in order to Mr. STEVENS. Now, Mr. President, I and do so expeditiously. constrain costs. will announce, once again, that this is Mr. STEVENS. Mr. President, if I can Mr. President, there are serious safe- the managers’ amendment. It incor- have the indulgence of the Chair, I ty, operational, and training issues as- porates a series of amendments that we have three small amendments that I sociated with this decision. The F–22 is had agreed to accept on both sides will present. the most complex fighter aircraft ever prior to the cloture motion being filed. AMENDMENT NO 4563 developed. The pilots flying it must be It has been checked with the persons . that had some question about it. I now (Purpose: To require a study regarding the the best trained to operate and fight believe that it is still cleared on both F–22 advanced tactical fighter) the aircraft safely and effectively. The sides. With that concurrence from the Mr. STEVENS. Mr. President, I send loss of a single pilot in a training acci- Senator from Hawaii, I ask if he con- an amendment to the desk and ask for dent would be a tragedy and would de- curs that it be adopted. its immediate consideration. prive the nation of a talented Air Force Mr. INOUYE. Mr. President, I concur. The PRESIDING OFFICER. The officer needed to accomplish important The PRESIDING OFFICER. If there clerk will report. military missions. is no objection, amendment No. 4589 is The assistant legislative clerk read There also are major cost, budgetary, agreed to. as follows: and technical issues associated with The amendment (No. 4589) was agreed The Senator from Alaska [Mr. STEVENS] the decision. Every F–22 fighter will to. proposes an amendment numbered 4563. cost at least $111 million to procure. Mr. STEVENS. Mr. President, I move Mr. STEVENS. Mr. President, I ask The entire program will cost at least to reconsider the vote. unanimous consent that reading of the $70,092,947,000. In addition to the high Mr. INOUYE. I move to lay that mo- amendment be dispensed with. cost of training a pilot, the loss of just tion on the table. The PRESIDING OFFICER. Without a few F–22’s in training or operational The motion to lay on the table was objection, it is so ordered. accidents caused by inferior training agreed to. The amendment is as follows: would more than offset the savings AMENDMENT NO. 4439, AS AMENDED On page 30, line 2, before the period, insert: generated by terminating the F–22B. In The PRESIDING OFFICER. If there ‘‘: Provided, That not less than $1,000,000 of retrospect, this decision may well is no objection, amendment No. 4439, as the funds appropriated in this paragraph come to be seen as penny wise and fis- amended, is agreed to. shall be made available only to assess the cally and militarily pound foolish.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7931 The amendment I am offering is in- its inception half a decade ago, and it March, 1995 Pentagon press release tended to provide the Congress with amounts to less than 10 percent of the stated: sufficient information to enable us to total. This review will include re-examination of fully understand the many serious im- Many things have changed since this all lower cost options. At a time when the plications of the Air Force decision. 15-year project began, and I believe Secretary has initiated efforts to improve Congress should have the opportunity Pentagon renovation plans can be bet- housing for our soldiers, sailors, airmen and to consider, and to act on, this decision ter aligned with today’s realities. marines, we need to do all we can to insure in a timely manner. There are many factors which ease the that dollars being spent for other infrastruc- impact of a reduced renovation budget. ture projects are not being taken away from The amendment mandates that the the very high priority of improving the life- required report be submitted in classi- For example, the Department of De- styles of our men and women in uniform. fense is downsizing. As the civilian and fied and unclassified versions. I agree with this sentiment, and now I’d Does this have my friend’s support? military workforce is steadily reduced, like to ensure that we turn these words into Mr. INOUYE. Mr. President, this demands on workspace have eased. actions. amendment has been cleared by both Construction costs in the Washington This well publicized review was sup- sides. DC area have fallen and contract costs posed to produce a report which was Mr. STEVENS. Mr. President, I urge for the renovation have turned out to due in February of this year. We didn’t adoption of the amendment. be considerably lower than the original get that report, but on June 5 the The PRESIDING OFFICER. Without estimates. On one construction con- Armed Services Committee staff did re- objection, the amendment is agreed to. tract alone, for example, costs were 36 ceive a one-page memo which states The amendment (No. 4563) was agreed percent less than anticipated. Also, the Defense Department has found a to. modern communications technology savings of $37 million and will continue Mr. INOUYE. Mr. President, I move makes it unnecessary to have large to look for more. A reduction of $37 to reconsider the vote. staffs at the Pentagon to manage dis- million out of a total of $1.2 billion is Mr. STEVENS. I move to lay that persed operations. not what I consider an aggressive re- motion on the table. Mr. President, in 1990 Congress trans- sponse to our call to reduce costs. The motion to lay on the table was ferred responsibility for the operation, Mr. President, 15 months ago the agreed to. maintenance, and renovation of the Pentagon itself publicly announced the AMENDMENT NO. 4489 Pentagon from the General Services intent to reduce the cost of this (Purpose: To reduce by $100 million the max- Administration to the Office of the project. The Defense Department iden- imum amount allowed for Pentagon ren- Secretary of Defense. Congress recog- tified a new spending target only after ovation) nized that the serious structural prob- last year’s threat of a reduced cap and Mr. INOUYE. Mr. President, I call up lems of the Pentagon building had to after I announced at the Readiness amendment No. 4489 and ask for its im- be addressed without further delay, and Subcommittee markup on April 30 that mediate consideration. we took this action to get the long I would introduce a similar amendment The PRESIDING OFFICER. The overdue project moving forward. Con- this year if I was not convinced by the clerk will report. gress earmarked the $1.2 billion DoD Pentagon’s long-overdue report. Well, The assistant legislative clerk read would have paid to GSA in rent for the that report is not here. I am not con- as follows. next 12 or 13 years as a break even way vinced that $37 million is the best the The Senator from Hawaii [Mr. INOUYE], for to pay for the renovations. This $1.2 Pentagon can do in the way of savings. Mr. BINGAMAN, proposes an amendment num- billion was not based on projected ren- The only way in which we can force ad- bered 4489. ovation costs; it was simply a sum that ditional savings is to keep up the pres- Mr. INOUYE. Mr. President, I ask was available and seemed a logical way sure. That is what my amendment unanimous consent that reading of the to fund the renovation. Congress also does. amendment be dispensed with. provided the Department of Defense Mr. President, Americans have been The PRESIDING OFFICER. Without great flexibility in managing this large asked to tighten their belts and they objection, it is so ordered. and complex project. expect no less from their Government. The amendment is as follows: Since fiscal year 1994, the Senate Ap- The Pentagon must be expected to do On page 70, line 8, strike out propriations Committee has required the same. ‘‘$1,218,000,000’’ and insert in lieu thereof the Secretary of Defense to certify that I yield the floor and urge the adop- ‘‘$1,118,000,000’’. the total cost of Pentagon renovation tion of the amendment. Mr. BINGAMAN. Mr. President, this will not exceed $1,218 million. But this Mr. INOUYE. Mr. President, this amendment will bring the defense ap- $1.2 billion cap does not include all the amendment conforms to the Senate- propriations bill into conformance with renovation costs. In fact, there are four passed authorization that places a ceil- the authorization bill on the total cost catogories of expenses which add sub- ing on the Pentagon renovation fund. of the renovation of the Pentagon res- stantial amounts to the total. For ex- It has been cleared by both sides. ervation. My amendment reduces the ample, the Pentagon estimates the cost Mr. STEVENS. Mr. President, we do cost cap in the bill by $100 million to a of buying and installing information support this to conform with the au- total of $1.118 billion. This is identical management and telecommunications thorization bill as passed by the Sen- in purpose to the amendment passed by equipment is $750 million. This amount ate. the Senate on June 25 during debate on is not part of the $1.2 billion cap. Nei- The PRESIDING OFFICER. If there the defense authorization bill. ther is the heating and refrigeration is no objection, the amendment No. The amendment is very simple and plant, the classified waste incinerator, 4489 is agreed to. straightforward. It reduces the funds the furniture, or the 780,000 square feet The amendment (No. 4489) was agreed for the Pentagon renovation project by of leased spaces for people who must be to. $100 million. As we have realigned our moved during the construction. A fig- Mr. INOUYE. Mr. President, I move defense programs to meet changing ure of $1.2 billion is misleading; the ex- to reconsider the vote. needs, funds for many projects have pense of renovating the Pentagon eas- Mr. STEVENS. I move to lay that been reduced or eliminated. Despite big ily exceeds $2 billion. motion on the table. reductions in defense spending and de- Last year the Senate passed my The motion to lay on the table was fense personnel, the Pentagon renova- amendment to cut Pentagon Renova- agreed to. tion project has enjoyed a steady flow tion expenses by $100 million. During AMENDMENT NO. 4566 of cash. conference, however, the conferees (Purpose: To increase the funding level The time has come to impose greater agreed to eliminate that requirement available to continue the Maritime Tech- financial discipline on the Pentagon, and instead directed the Defense De- nology program to $50,000,000 within avail- just as the Pentagon has asked other partment to review the Pentagon’s ren- able RDT&E, Defense-Wide appropriations military organizations to be more fru- ovation plans and recommend cost sav- and provide appropriate offsets) gal. This would be the first reduction ing options. In fact, this review had Mr. STEVENS. Mr. President, I call in funds for this expensive project since been underway since March of 1995. A before the Senate amendment No. 4566.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7932 CONGRESSIONAL RECORD — SENATE July 17, 1996 The PRESIDING OFFICER. The amount, $10,000,000 is available for the to the $10 million level in its report clerk will report. United States-Japan Management Training language on the university research The assistant legislative clerk read Program’’. initiatives program element. I agree as follows. Mr. BINGAMAN. Mr. President, this with the Appropriations Committee The Senator from Alaska [Mr. STEVENS], amendment would allocate $10 million that the university research initiatives for Mr. LOTT, proposes an amendment num- within the DOD university research line is the more appropriate source for bered 4566. initiatives program element 61103D for funds for this program, although the Mr. STEVENS. Mr. President, I ask the United States-Japan Management Air Force Office of Scientific Research unanimous consent that reading of the Training Program. should continue to manage it. I very amendment be dispensed with. This program was begun in fiscal much appreciate the Appropriations The PRESIDING OFFICER. Without year 1991 at my initiative. It has en- Committee’s continuing support for objection, it is so ordered. joyed the support of both the Armed the program. My amendment would The amendment is as follows: Services and the Appropriations Com- take the extra step of insuring the full Before the period on page 30, line 13, insert: mittees since its inception and I have $10 million is really available to the ‘‘: Provided further, That of the funds appro- been very grateful for the support of program. I believe that taking this step priated under this heading, $50,000,000 shall the senior Senators from Alaska and be available for the Maritime Technology is warranted in light of the great suc- program and $3,580,000 shall be available for Hawaii. The goal of the program is to cess the program has enjoyed in the Focused Research Initiatives program’’. train American scientists and engi- achieving its goals. I hope that the Mr. STEVENS. Mr. President, this is neers and business managers in the managers of the bill can support taking to increase the funding level available Japanese language as part of their this additional step in supporting the to the Maritime Technology Program graduate educations and then place Japan program. to $50 million within the available re- them in Japanese research institutions I urge the adoption of the amend- search and development funds of the for internships or fellowships where ment and yield the floor. defensewide appropriations to provide they could learn firsthand how the Jap- Mr. INOUYE. This amendment ear- for appropriate offsets, and it is an anese research and development sys- marks $10 million for the U.S.-Japan item that I have introduced on behalf tem—second only to our own at more Management Training program. Both than $100 billion per year—functions. of Senator LOTT, and I ask for its con- authorization and appropriations in- sideration. They could then later in their careers clude supporting report language, and Mr. INOUYE. This amendment has in American industry and government it has been cleared by both sides, Mr. been cleared and approved by both help tap and build bridges to the Japa- President. sides. nese research efforts in their areas of Mr. STEVENS. Mr. President, I con- Mr. STEVENS. I ask for adoption of expertise. Essentially, this was an ef- cur with the statement of the Senator the amendment. fort on a modest scale to learn from from Hawaii. This is a matter that The PRESIDING OFFICER. If there the Japanese success in tapping our re- needs to be adopted to conform with is no objection to amendment No. 4566, search enterprise through such fellow- the action taken by the authorizing the amendment is agreed to. ships at our universities. committees. The amendment (No. 4566) was agreed By all reports—and there have been The PRESIDING OFFICER. Without to. several thorough reviews of this pro- objection, amendment No. 4490 is Mr. STEVENS. Mr. President, I move gram—the program, as run by the Air agreed to. to reconsider the vote. Force Office of Scientific Research The amendment (No. 4490) was agreed Mr. INOUYE. I move to lay that mo- [AFOSR], has done an impressive job of to. tion on the table. achieving its objectives. Nineteen uni- Mr. INOUYE. Mr. President, I move The motion to lay on the table was versities from around the country have to reconsider the vote. agreed to. received grants under the program and Mr. STEVENS. I move to lay that PRIVILEGE OF THE FLOOR there has been significant cost-sharing motion on the table. Mr. STEVENS. Mr. President, on be- from non-Federal sources to match The motion to lay on the table was half of Senator HUTCHISON, I ask unani- funds provided by AFOSR. agreed to. mous consent that Michael Montelongo Unfortunately, in fiscal year 1996, AMENDMENT NO. 4462 be admitted to the floor during the AFOSR was only able to fund the pro- (Purpose: To provide $4,000,000 for the pro- consideration of this Defense appro- gram at $2 million from its own re- curement of a real-time, automatic cargo priations bill. He is a congressional fel- sources after several years in which tracking and control system) low. DARPA had provided AFOSR $10 mil- Mr. INOUYE. Mr. President, in behalf The PRESIDING OFFICER. Without lion per year for the program. Essen- of Senator FEINSTEIN, I call up amend- objection, it is so ordered. tially, the program got caught up in ment No. 4462 and ask for its imme- AMENDMENT NO. 4490 the politics of the Technology Rein- diate consideration. The PRESIDING OFFICER. The (Purpose: To set aside $10,000,000 for the vestment Project [TRP], even though United States-Japan Management Training the Japan program’s focus was only pe- clerk will report. Program) ripherally related to the TRP’s focus The assistant legislative clerk read as follows. Mr. INOUYE. Mr. President, in behalf on government-industry technology The Senator from Hawaii [Mr. INOUYE], for of Senators BINGAMAN, DOMENICI, and partnerships. Earlier this year, the Senate Armed Mrs. FEINSTEIN, proposes an amendment SANTORUM, I call for the immediate numbered 4492. consideration of amendment No. 4490. Services Committee in its report pro- Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. The vided discretion for the Pentagon to al- unanimous consent that reading of the clerk will report. locate up to $10 million to the Japan The assistant legislative clerk read program from either PE61102F, the Air amendment be dispensed with. The PRESIDING OFFICER. Without as follows. Force’s defense research sciences pro- gram element, or PE61103D, the Office objection, it is so ordered. The Senator from Hawaii [Mr. INOUYE], for The amendment is as follows: Mr. BINGAMAN, for himself, Mr. DOMENICI, of Secretary of Defense’s university re- search initiatives program element. On page 29, line 10, strike out ‘‘1998.’’ and and Mr. SANTORUM, proposes an amendment insert in lieu thereof ‘‘1998: Provided, That of numbered 4490. The Armed Services Committee also the funds appropriated in this paragraph, Mr. INOUYE. Mr. President, I ask directed AFOSR to ensure that cost- $4,000,000 shall be available for the procure- unanimous consent that reading of the sharing from non-Federal sources ment of a real-time, automatic cargo track- amendment be dispensed with. should match AFOSR funds to the ing and control system.’’. The PRESIDING OFFICER. Without maximum extent practicable in future Mrs. FEINSTEIN. Mr. President, I objection, it is so ordered. grant awards. rise today in support of my amendment The amendment is as follows: The Appropriations Committee in its to make $4 million from the Army’s On page 30, line 13, insert before the period report on the pending bill also urged Research, Development, Test and Eval- the following: ‘‘: Provided, That, of such the Pentagon to fund this program up uation available to acquire a real-time,

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7933 demonstrated, automatic cargo track- The PRESIDING OFFICER. Without tive forces. It is my understanding that ing and control system. This cargo objection, it is so ordered. the Special Operations Command did tracking and control system is de- AMENDMENT NO. 4452 not even bother coordinating these pro- signed to assure that the smooth flow (Purpose: To prohibit the use of appropriated posed reductions with the leadership of of cargo and to reduce the occurrence funds to inactivate or reduce any unit of the National Guard Bureau, the Army of misplaced cargo at Army ports. This special operation forces of the Army Na- National Guard, or the active duty demonstrated cargo tracking mecha- tional Guard) Army. nism makes it possible for the manager Mr. STEVENS. Mr. President, I I believe this is the first step by the of a port, rail yard, or other cargo dis- apologize to the Senate. The number Special Operations Command for the tribution area to know where each con- should have been 4452. I mistakenly total elimination of Special Forces in tainer is and to move those containers called up 4442. I ask the previous the National Guard. without risk of being lost. amendment be set aside. We do not The National Guard Special Forces The Army has already witnessed want to call it up or recall it, just not units—the 19th and 20th Groups—are massive unreported but costly loss of bring it before the Senate at this time. made up from the following States: cargo location in storage following The PRESIDING OFFICER. Without Alabama, Utah, Mississippi, Florida, Vietnam and Desert Storm. The Army objection, it is so ordered. West Virginia, Colorado, Massachu- made previous attempts to purchase Mr. STEVENS. And that the amend- setts, Maryland, Illinois, Virginia, this tracking system but was unable to ment we consider now be the amend- Washington, Ohio, Rhode Island, Cali- do so due to funding constraints. It is ment for Mr. BOND, Mr. FORD, and Mr. fornia, and Kentucky. my understanding that the Army Ma- LOTT, which is 4452. These Special Forces groups are at terial Command would like to use $4 The PRESIDING OFFICER. The the highest personnel readiness levels million from Army Research, Develop- clerk will report. in history. Just recently, they proved ment, Technology, and Evaluation The assistant legislative clerk read their mission readiness during Oper- budget line PE0603804A. as follows: ation Uphold Democracy when they I am pleased that this amendment is The Senator from Alaska [Mr. STEVENS], made up over one-half of the U.S. Spe- acceptable and I thank the managers of for Mr. BOND, for himself, Mr. FORD, and Mr. cial Forces presence in Haiti. the bill. LOTT, proposes an amendment numbered Mr. President, the Special Operations Mr. INOUYE. This amendment appro- 4452. Command’s proposal to reduce these priates $4 million to be made available The amendment is as follows: National Guard units does not appear for the procurement of a real-time, On page 88, between lines 7 and 8, insert to be based on any thorough analysis of automatic cargo tracking and control the following: force structure required or cost com- system. It has been cleared by both SEC. 8099. None of the funds appropriated parison savings between Active Compo- sides, Mr. President. by this Act may be obligated or expended— nents and Reserve Components units. Mr. STEVENS. I do concur in this (1) to reduce the number of units of special It was because of decisions like this amendment. operations forces of the Army National Guard during fiscal year 1997; that Senator BOND and I joined Senator The PRESIDING OFFICER. Without LIEBERMAN, Senator MCCAIN and others objection, amendment No. 4462 is (2) to reduce the authorized strength of any such unit below the strength authorized to co-sponsor an amendment to the agreed to. for the unit as of September 30, 1996; or 1997 Defense authority bill calling for a The amendment (No. 4462) was agreed (3) to apply any administratively imposed complete review of our military force to. limitation on the assigned strength of any structure needs. Mr. INOUYE. Mr. President, I move such unit at less than the strength author- Mr. President, I ask unanimous con- to reconsider the vote. ized for that unit as of September 30, 1996. sent that a letter I received from the Mr. STEVENS. I move to lay that Mr. FORD. Mr. President, as cochair- adjutant general of the State of Ken- motion on the table. man of the Senate National Guard Cau- tucky, Gen. John Groves, be printed in The motion to lay on the table was cus, I join with my colleague, Senator agreed to. the RECORD following my remarks. BOND, to thank my good friend Senator Mr. President, I again thank the AMENDMENT NO. 4442 STEVENS and his ranking member Sen- chairman and ranking member and Mr. STEVENS. Mr. President, I call ator INOUYE for including our amend- their staffs for their assistance in this before the Senate amendment No. 4442. ment prohibiting the use of appro- The PRESIDING OFFICER. The matter. priated funds to inactivate any units of clerk will report. There being no objection, the letter The assistant legislative clerk read Special Operation Forces of the Army was ordered to be printed in the as follows: National Guard in the managers RECORD, as follows: amendment. The Senator from Alaska [Mr. STEVENS], COMMONWEALTH OF KENTUCKY, DE- for Mr. MCCAIN, proposes an amendment This issue has just been brought to PARTMENT OF MILITARY AFFAIRS, numbered 4442. Senator BOND’s and my attention. OFFICE OF THE ADJUTANT GEN- Mr. STEVENS. Mr. President, I have From all indications, the U.S. Special ERAL, Operations Command has decided on Frankfort, KY, July 5, 1996. called this amendment before the Sen- Hon. WENDELL H. FORD, ate on behalf of Senator BOND and Sen- their own to inactivate two Army Na- tional Guard Special Forces battalions U.S. Senate, Russell Senate Office Building, ator FORD. It is an amendment that Washington, DC. will prevent the reduction of the funds by September 1998. DEAR SENATOR FORD: I have just become that are available under authorized This inactivation represents a loss of aware of a proposal by the United States program activities for the National 802 individuals—or one-third of the Special Operations Command (USSOCOM) to Guard, and it has been cleared on both Army National Guard Special Forces inactivate two Army National Guard Special structure. This is not only a complete Forces Battalions by September 1998. This sides. It does indicate that if additional represents 802 ARNG spaces or one-third of funds are required for a program, surprise to me and Senator BOND, but also to the Department of Defense. the Army National Guard Special Forces project or activity of a higher priority structure. than any other in future acts, they Upon hearing of this plan, I asked my As you may recall, USSOCOM conducted a should be submitted to Congress under staff to check with the Pentagon to see comprehensive review of requirements dur- section 1997 of the Defense Authoriza- if they knew of this proposal and had ing the 1990–92 timeframe. This review iden- tion Act. given their approval. Much to my dis- tified that two SF Groups were excess to re- I suggest the absence of a quorum. may, I found out this was new to them quirements in light of the end of the Cold The PRESIDING OFFICER. The as well. War. At that time, a determination was clerk will call the roll. The Special Operations Command made to inactivate one group each from the tells us that these National Guard Guard and USAR. The 1993 Offsite Agree- The bill clerk proceeded to call the ment resulted in a determination that both roll. units are excess. However, a closer ex- USAR groups would inactivate and both Mr. STEVENS. Mr. President, I ask amination of the facts indicates that Guard groups would remain in the structure. unanimous consent that the order for the actual motive behind this proposal Upon inactivation of the two USAR groups, the quorum call be rescinded. is to harvest moneys to be spent on ac- the Adjutants General, with the full support

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7934 CONGRESSIONAL RECORD — SENATE July 17, 1996 of the National Guard Bureau, committed to The PRESIDING OFFICER. The Mr. STEVENS. I move to lay that ensuring that the readiness levels of these clerk will report. motion on the table. two groups were appropriately maintained. The assistant legislative clerk read The motion to lay on the table was This was accomplished by absorbing highly as follows: qualified SF soldiers from the inactivating agreed to. USAR units and intensively managing and The Senator from Hawaii [Mr. INOUYE], for AMENDMENT NO. 4564 resourcing the other shortfalls. Today, the Mr. SHELBY, for himself and Mr. HEFLIN, pro- poses an amendment numbered 4572. (Purpose: To require a report from the Sec- 19th and 20th Groups are at the highest per- retary of the Air Force and the Director of sonnel readiness levels in history. Further Mr. INOUYE. Mr. President, I ask the Office of Personnel Management) evidence of their mission readiness was prov- unanimous consent that reading of the Mr. STEVENS. Mr. President, I ask en during Operation Uphold Democracy, amendment be dispensed with. when one-half of the U.S. Special Forces The PRESIDING OFFICER. Without the clerk to lay before the Senate my presence in Haiti was from the National objection, it is so ordered. amendment No. 4564. Guard. The amendment is as follows: The PRESIDING OFFICER. The This proposal by USSOCOM to reduce clerk will report. these SF units does not appear to be based On page 88, between lines 7 and 8, insert on any thorough analysis of force structure the following: The assistant legislative clerk read required or cost comparison savings between SEC. 8099. (a) The Secretay of the Army as follows: shall ensure that solicitations for contracts Active Component and Reserve Component The Senator from Alaska [Mr. STEVENS] for unrestricted procurement to be entered units. It seems to be an attempt by proposes an amendment numbered 4564. into using funds appropriated for the Army USSOCOM to capture dollars at the expense Mr. STEVENS. Mr. President, I ask of the Reserve Component without regard to by this Act include, where appropriate, spe- any hard facts. These reductions will most cific goals for subcontracts with small busi- unanimous consent that reading of the likely jeopardize the ninety-five SF posi- nesses, small disadvantaged businesses, and amendment be dispensed with. tions in Kentucky. However, the most crit- women-owned small businesses. The PRESIDING OFFICER. Without (b) The Secretary shall ensure that any ical aspect of these reductions is the loss of subcontract entered into pursuant to a solic- objection, it is so ordered. highly skilled/trained soldiers/units at a con- itation referred to in subsection (a) that The amendment is as follows: siderable savings in OPTEMPO and meets a specific goal referred to in that sub- PERSTEMPO costs at a time when the prob- At the appropriate place in the bill, add section is credited toward the overall goal of ability of extensive participation in military the following general provision: the Army for subcontracts with the busi- operations other than war, such as in Haiti, SEC. . (a) The Secretary of the Air Force nesses referred to in that subsection. is at an all-time high. The skills and equip- and the Director of the Office of Personnel ment these soldiers possess to accomplish Mr. HEFLIN. Mr. President, I rise Management shall submit a joint report de- state and federal missions at minimum costs today to propose an amendment de- scribing in detail the benefits, allowances, cannot be overstated. signed to aid small business in this services, and any other forms of assistance Your assistance in stopping any further re- time of consolidation and reduced Fed- which may or shall be provided to any civil- ian employee of the Federal government or duction in Special Forces Units would be eral spending. Over the last few years, very much appreciated. I am available to dis- to any private citizen, or to the family of cuss this matter or answer any questions you as the Army has reduced its con- such an individual, who is injured or killed may have either personally or by telephone tracting personnel strength, I have while traveling on an aircraft owned, leased, at your convenience. seen larger and larger small business chartered, or operated by the Government of Sincerely, set-aside contracts. This process is the United States. JOHN R. GROVES, JR. known as bundling. Unfortunately, (b) The report required by subsection (a) Brigadier General, KYNG, when the bundled contract values ap- above shall be submitted to the Congres- Adjutant General. proach $50 million annually, the num- sional defense committees and to the Com- mittee on Governmental Affairs of the Sen- P.S. In order to lose no time, I directed ber of firms eligible to compete is that background materials be sent to you by ate and the Committee on Government Re- Fax on 3 July. This letter is my position rel- greatly reduced. The pressure on small form and Oversight of the House of Rep- ative to those materials. businesses is further increased by the resentatives not later than December 15, Mr. STEVENS. Again, this is the Army’s failure to place firm small 1996. same item discussed before. It is what business subcontracting targets in its Mr. STEVENS. Mr. President, this is I would call a preventive amendment unrestricted requests for proposals. a general provision which requires the and really instructs that the funds can- My amendment would, therefore, re- Secretary of the Air Force and the Di- not be obligated to reduce the number quire the Army to place firm small rector of the Office of Personnel Man- of units of Special Forces in the Army business, small disadvantaged business, agement to submit a joint report de- National Guard for the year 1997, and and women-owned small business sub- scribing in detail the benefits, allow- we believe that it is consistent with ex- contracting targets in appropriate un- ances, services, and other forms of as- isting law. It just indicates that those restricted RFP’s. These subcontracts sistance which may or shall be pro- funds shall be expended for the purpose would then count toward the Army’s vided to any civilian employee of the authorized only. small business set-aside goal. This Federal Government or to any private Mr. INOUYE. Mr. President, I am amendment would not, however, in- citizen, or to the family of such an in- pleased to advise the Senate that this crease the percentage of work being set dividual, who is injured or killed while amendment has been cleared and ap- aside for small business. traveling in an aircraft owned, leased, As this amendment is beneficial to proved. chartered, or operated by the Govern- small business and will not affect the The PRESIDING OFFICER. Without ment of the United States. Army’s procurement workload, I hope objection, amendment No. 4452 is This report is to be submitted to the my colleagues will fully support it. agreed to. congressional defense committees, the The amendment (No. 4452) was agreed Mr. INOUYE. Mr. President, this amendment has been cleared. It relates Governmental Affairs Committee of to. the Senate, and the Committee on Gov- Mr. STEVENS. Mr. President, I move to small business activities and con- tracts, and provides disadvantaged ernmental Reform Oversight of the to reconsider the vote. House, no later than December 15, 1996. Mr. INOUYE. I move to lay that mo- businesses and women-owned small tion on the table. businesses a slight advantage. This report is needed because we The motion to lay on the table was Mr. STEVENS. Mr. President, we have had some recent accidents—the agreed to. have examined the amendment. There terrible accident involving Commerce Secretary Brown and other accidents— AMENDMENT NO. 4572 is no objection to this amendment from (Purpose: To require the Secretary of the this side of the aisle. of military aircraft on which civilians Army to establish subcontracting goals for The PRESIDING OFFICER. Without who were not employees of the Federal certain procurement using funds appro- objection, amendment No. 4572 is Government were killed, as a result of priated by the bill) agreed to. the accident. Mr. INOUYE. Mr. President, on be- The amendment (No. 4572) was agreed I am seeking a study to determine half of Mr. SHELBY and Mr. HEFLIN, I to. the fairness of the situation with re- call up amendment No. 4572 and ask for Mr. INOUYE. Mr. President, I move gard to people who may be asked, in- its immediate consideration. to reconsider the vote. vited, by the Government to perform

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7935 what amounts to semiofficial tasks, The Senator from Hawaii [Mr. INOUYE], for of propellant to its Government owned, and they are involved in missions that Mr. LAUTENBERG, proposes an amendment contractor operated facility located at are undertaken on behalf of the United numbered 4550. the Radford Army Ammunition Plant States, and they are killed as a result Mr. INOUYE. Mr. President, I ask in Virginia in order to keep its indus- of an aircraft accident. unanimous consent that reading of the trial base operating. However, this de- There has been some indications that amendment be dispensed with. cision has precluded a commercial fa- some of these people do not have the The PRESIDING OFFICER. Without cility in my home State from com- coverage of benefits and other assist- objection, it is so ordered. peting for certain grades of nitrocellu- ance that employees of the Govern- The amendment is as follows: lose. This commercial facility wants to ment have, and that their survivors do On page 88, between lines 7 and 8, insert compete for future contracts beginning not have the assistance of the laws the following: in fiscal year 1999. SEC. 8099. (a) Not later than March 1, 1997, that are in effect for survivors of those the Deputy Secretary of Defense shall sub- Mr. President, this study is intended who were official employees. I wish to mit to the defense Committees a report on to make information available to help present to the Senate and the Congress Department of Defense procurement of pro- the Congress and the administration next year legislation to see if we can pellant raw materials. make an informed decision on this correct this situation. (b) The report shall include the following: issue in the future. Therefore, Mr. There was a similar concept in World (1) The projected future requirements of President, I am pleased that my col- War II that I recall. We called them the the Department of Defense for propellant leagues support this amendment. raw materials, such as nitrocellulose. dollar-a-year persons. They were placed (2) The capacity, ability, and production Mr. INOUYE. Mr. President, this on the payroll and received $1 in order cost rates of the national technology and in- amendment calls for a report on DOD that they might be considered govern- dustrial base, including Government-owned, procurement of propellant raw mate- ment employees so their survivors, in contractor-operated facilities, contractor rials such as nitrocellulose. the event of disaster, were given the owned and operated facilities, and Govern- Mr. STEVENS. Mr. President, we same consideration as the survivors of ment-owned, Government-operated facilities, have examined this. There have been those who were government employees. for meeting such requirements. some technical changes made at our re- I do not ask the Senate, the Con- (3) The national security benefits of pre- quest. We do not object to the amend- serving in the national technology and in- gress, at this time, to try to correct dustrial base contractor owned and operated ment offered on behalf of the Senator this, because I think there is sort of a facilities for producing propellant raw mate- from New Jersey. patchwork quilt out there of benefits rials, including nitrocellulose. The PRESIDING OFFICER. Without for survivors. I want to be able to con- (4) The extent to which the cost rates for objection, amendment No. 4550 is sider this matter in the next session, as production of nitrocellulose in Government- agreed to. I indicated. owned, contractor-operated facilities is The amendment (No. 4550) was agreed The difficulty is that, in almost all lower because of the relationship of those fa- to. instances, these aircraft are military cilities with the Department of Defense that Mr. INOUYE. Mr. President, I move such rates would be without that relation- to reconsider the vote. aircraft, but some of them, now, are ship. leased and some of them are actually (5) The advantages and disadvantages of Mr. STEVENS. I move to lay that leased for the United States but oper- permitting commercial facilities to compete motion on the table. ated under other departments than the for award of Department of Defense con- The motion to lay on the table was Department of Defense. So this has to tracts for procurement of propellant raw ma- agreed to. be a comprehensive report for us to see terials, such as nitrocellulose. AMENDMENT NO. 4534 what is, really, the situation under this Mr. LAUTENBERG. Mr. President, I (Purpose: To require the Secretary of the Air patchwork quilt that I mentioned, and appreciate the cooperation of the man- Force to carry out a cost-benefit analysis see if we can find some way to be fair agers of this bill in approving this of consolidating the ground station infra- and treat these survivors honorably, amendment. The amendment is structure supporting polar orbiting sat- ellites) without regard to which agency of the straightforward. It asks the Deputy Mr. STEVENS. Mr. President, I call Federal Government was in charge of Secretary of Defense to provide a re- before the Senate amendment No. 4534, the aircraft and without regard to port, not later than March 1, 1997, to offered by my colleague from Alaska, whether or not they were, in fact, em- the Defense committees on examining Senator MURKOWSKI. ployees of the United States. the advantages and disadvantages of The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- allowing commercial facilities to com- clerk will report. ator from Hawaii. pete for future contracts of propellant The assistant legislative clerk read Mr. INOUYE. Mr. President, I am raw material requirements, such as ni- as follows: pleased to advise the Senate that this trocellulose. measure has been cleared and approved The report shall include an assess- The Senator from Alaska [Mr. STEVENS], ment of first, the projected future pro- for Mr. MURKOWSKI, proposes an amendment by both managers. numbered 4534. The PRESIDING OFFICER. If there curement requirements for propellant is no objection, amendment No. 4564 is raw material, such as nitrocellulose; Mr. STEVENS. Mr. President, I ask agreed to. second, the capacity, ability, and pro- unanimous consent that reading of the The amendment (No. 4564) was agreed duction cost rates of the national tech- amendment be dispensed with. to. nology and industrial base to satisfy The PRESIDING OFFICER. Without Mr. STEVENS. Mr. President, I move DOD requirements; third, the national objection, it is so ordered. to reconsider the vote. security advantage of preserving con- The amendment is as follows: Mr. INOUYE. I move to lay that mo- tractor owned, contractor operated fa- On page 88, between lines 7 and 8, insert tion on the table. cilities as part of the industrial base; the following: SEC. 8099. Not later than six months after The motion to lay on the table was and finally, the extent to which gov- the date of the enactment of this Act, the agreed to. ernment owned, contractor operated Secretary of the Air Force shall submit to AMENDMENT NO. 4550 rates for nitrocellulose are reduced as a Congress a cost-benefit analysis of consoli- (Purpose: To require a report on meeting De- result of their relationship with the dating the ground station infrastructure of partment of Defense procurements of pro- DOD. the Air Force that supports polar orbiting pellant raw materials) Nitrocellulose is the basic chemical satellites. Mr. INOUYE. Mr. President, I ask in the propellant mixture that provides Mr. STEVENS. Mr. President, this is unanimous consent that amendment the propulsion power for a projectile or a very straightforward amendment No. 4550 be called up for immediate cartridge, such as for the 120 milli- that deals with requiring a report from consideration. meter target practice cartridge used on the Air Force on the cost-benefit anal- The PRESIDING OFFICER. The the M1A2 tank for gunnery training. ysis of consolidating the ground sta- clerk will report. Because of the shrinking Defense pro- tion infrastructure of the Air Force The assistant legislative clerk read curement budget, the Department of that supports polar orbiting satellites. as follows: the Army had directed the production At present, there are several. We seek

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7936 CONGRESSIONAL RECORD — SENATE July 17, 1996 to discover whether it would be cost ef- COMMENDING DR. LEROY T. Not only did he earn the degree, but fective to consolidate those. WALKER he graduated magna cum laude from The PRESIDING OFFICER. The Sen- Mr. STEVENS. Mr. President, this Benedict College in just 31⁄2 years. Dur- ator from Hawaii. has been cleared on both sides. I ask ing that time, he earned 12 varsity let- Mr. INOUYE. Mr. President, this unanimous consent that the Senate ters in football, basketball, and track amendment has been cleared and ap- proceed to the immediate consider- and field during that same time. proved by both managers. ation of a Senate resolution that I sub- Dr. Walker was selected as an All- Mr. STEVENS. I urge the adoption of mitted earlier today, Senate Resolu- American quarterback in 1938, but kept the amendment. tion 279. the fact that he even played football a The PRESIDING OFFICER. If there The PRESIDING OFFICER. The secret from his mother until his com- is no objection, amendment No. 4534 is clerk will report. mencement because she was worried he agreed to. The legislative clerk read as follows: would get hurt. The amendment (No. 4534) was agreed A resolution (S. Res. 279) to commend Dr. He earned a masters degree from Co- to. LeRoy T. Walker for his service as President lumbia in 1941. Columbia did not allow Mr. STEVENS. Mr. President, I move of the U.S. Olympic Committee and his life- African Americans to earn doctoral de- to reconsider the vote. long dedication to the improvement of ama- grees at that time, so Dr. Walker went teur athletic opportunities in the United to New York University to earn his Mr. INOUYE. I move to lay that mo- States. tion on the table. Ph.D. The PRESIDING OFFICER. Is there He was only the second African The motion to lay on the table was objection to the immediate consider- agreed to. American to earn a Ph.D. at New York ation of the resolution? University. Mr. STEVENS. Mr. President, we There being no objection, the Senate have just completed a series of amend- Before Dr. Walker became involved proceeded to consider the resolution. with the U.S. Olympic Committee, he ments that would have taken about— Mr. STEVENS. I have submitted this well, about 12 hours under cloture. So I had one of the most remarkable coach- Senate resolution to commend and ing careers in the history of sports in am grateful to the Senate for an oppor- thank Dr. LeRoy T. Walker, the cur- tunity to proceed with our bill. the United States. rent president of the U.S. Olympic In all, he has coached football, bas- I would now like to announce to the Committee, for his contribution to ketball, and track teams that produced Senate we would like Members who amateur sports in the United States. over 80 All-Americans, 40 national have amendments that they wish to Dr. Walker has been the USOC presi- champions and 10 Olympians. present that have not been cleared to dent since 1992, and has been involved He coached or consulted the Olympic come to the floor. We will be pleased to with the USOC since 1977. He is the track teams of Israel in 1960, Ethiopia consider any amendment and see if we first African-American to be the USOC in 1960, Trinidad-Tobago in 1964, Ja- can handle it as expeditiously as we President in the 100-year history of the maica in 1968, Kenya in 1972, and served have these that we have presented to U.S. Olympic Committee. as the head men’s coach of the U.S. the Senate. I might add, many of those Dr. Walker started working for the Olympic track and field team in Mon- amendments were modified substan- U.S. Olympic Committee the year be- treal in 1976. fore the Congress enacted the Amateur tially before we agreed to them. Any one of Dr. Walker’s achieve- Sports Act of 1978. That was a bill I in- So we look forward to that oppor- ments—whether his own athletic suc- troduced in the Senate, Mr. President. tunity with regard to the rest of these cesses, his coaching accomplishments amendments that have been filed be- That act marked the beginning of the modern Olympics in the United States. and his academic endeavors—not to fore cloture. The leaders, I am in- mention his service with the U.S. formed, will look at this situation Dr. Walker has been the leader in carrying out Congress’ vision for the Olympic Committee—would be a great somewhere around 1 o’clock to deter- achievement for most of us. mine whether we should proceed with modern Olympic movement through the Amateur Sports Act. Dr. Walker has made those achieve- our cloture vote. ments look routine. At present, I think we could an- He has brought the U.S. Olympic Committee from an era where its budg- We commend him today for his lead- nounce to the Senate, from the way we ership in preparing the United States look at the amendments that have et was in the tens of millions to its most recent budget in the hundreds of for the 1996 Olympics and for preparing been submitted to us for review and the U.S. Olympic Committee for the were submitted to the Senate under millions. Athletes in the late 1970’s were a dif- challenges of the 21st Century. the cloture procedure, if we work coop- ferent kind of amateur than today’s Dr. Walker is the 23d president of the eratively we should be able to finish Olympians who are able to earn mil- U.S. Olympic Committee, and truly is this bill by 7 or 8 o’clock tonight. We lions of dollars in endorsements, and one of the founding fathers of amateur can do that by limiting the amount of whose fame is far greater due to the sports in the United States. time a Member might seek for the de- substantial television coverage that we His tenure as U.S. Olympic Com- bate of an amendment or by assuring now enjoy. mittee President, and his long and dis- Members we will be more than pleased The Olympics have gone from being tinguished career in amateur sports, to attempt to work with them to alter held once every 4 years to once every 2 will be capped off with the 1996 Sum- the form of the amendments so we years, with the staggered Summer and mer Olympics in Atlanta, GA, which could agree to an amendment and take Winter Olympics schedule. begin shortly. it to conference. Dr. Walker has guided the Olympic It will be my pleasure to go to At- I am sure my friend from Hawaii movement in the United States and in lanta on Wednesday to deliver to Dr. joins me in urging Members now to the world through these significant Walker the resolution I am presenting come to the floor to present controver- changes and growth. to the Senate today. sial amendments. The resolution that I have submitted I hope the Senate will join me in sup- Mr. President, I suggest the absence mentions many of Dr. Walker’s accom- port of this resolution commending and of a quorum. plishments with the U.S. Olympics and thanking Dr. Walker for all that he has The PRESIDING OFFICER. The with other amateur sports organiza- done for amateur sports in the United clerk will call the roll. tions over the years. States. The assistant legislative clerk pro- Let me speak briefly on some of the Mr. President, I urge the adoption of ceeded to call the roll. remarkable things Senators may not the resolution. Mr. STEVENS. Mr. President, I ask know about my friend, Dr. Walker. The PRESIDING OFFICER. The unanimous consent that the order for Dr. Walker was the youngest of 13 question is on agreeing to the resolu- the quorum call be rescinded. children raised in Harlem during the tion S. Res. 279. The PRESIDING OFFICER (Mr. Great Depression. He was the first per- The resolution (S. Res. 279) was FAIRCLOTH). Without objection, it is so son in his family to earn a college de- agreed to. ordered. gree in 1940. The preamble was agreed to.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7937 The resolution, with its preamble, is myself, Senator SPECTER, and Senator States requires the obligation or expenditure as follows: HARKIN. of such funds. S. RES. 279 The PRESIDING OFFICER. The (2) Subsections (a), (b) and (c) may be waived on a subsection-by-subsection basis Whereas, Dr. LeRoy T. Walker, as Presi- clerk will report the amendment. for all contracts described in subsection (f) if dent of the U.S. Olympic Committee from The assistant legislative clerk read the Secretary of Defense or the Deputy Sec- 1992 to 1996, and through a life long commit- as follows: retary of Defense— ment to amateur athletics, has significantly The Senator from Illinois [Mr. SIMON], for improved amateur athletic opportunities in (A) makes a written determination, on a himself, Mr. SPECTER, and Mr. HARKIN, pro- nondelegable basis, that— the United States; poses an amendment numbered 4591. Whereas, Dr. Walker has contributed in nu- (1) the subsection cannot be implemented merous capacities with the U.S. Olympic Mr. SIMON. Mr. President, I ask in a manner that is consistent with the obli- Committee since 1977; unanimous consent that further read- gations of the United States under existing Whereas, Dr. Walker is the first African- ing of the amendment be dispensed Reciprocal Procurement Agreements with American to serve as President of the U.S. with. defense allies; and Olympic Committee in its one hundred year The PRESIDING OFFICER. Without (2) the implementation of the subsection in history; objection, it is so ordered. a manner that is inconsistent with existing Whereas, Dr. Walker has furthered ama- The amendment is as follows: Reciprocal Procurement Agreements would teur athletics in the United States through result in a net loss of work performed in the service in numerous other amateur athletic On page 88, between lines 7 and 8, insert United States; and the following: organizations, including the Atlanta Com- (B) reports to the Congress, within 60 days SEC. 8099. (a) CONSIDERATION OF PERCENT- mittee for the Olympic Games, the North after the date of enactment of this Act, on AGE OF WORK PERFORMED IN THE UNITED Carolina Sports Development Commission, the reasons for such determinations. the Pan American Sports Organization, the STATES.—None of the funds appropriated to the Department of Defense under this Act (f) SCOPE OF COVERAGE.—This section ap- Special Olympics, USA Track and Field, the plies— Athletics Congress, and Amateur Athletic may be obligated or expended to evaluate (1) to any contract for any amount greater Union, the Army Specialized Training Pro- competitive proposals submitted in response than the simplified acquisition threshold (as gram, the American Alliance of Health, to solicitations for a contracts for the pro- specified in section 2302(7) of title 10, United Physical Education, Recreation and Dance, curement of property or services except States Code), other than a contract for a the National Association of Intercollegiate when it is made known to the Federal offi- commercial item as defined in section Athletics, North Carolina Central Univer- cial having authority to obligate or expend 2302(3)(I); and sity, Duke University, Prairie View State such funds that— College, Bishop College, Benedict College, (1) a factor in such evaluation, as stated in (2) to any contract for items described in and many others; the solicitation, is the percentage of work section 2534(a)(5) of such title. Whereas, Dr. Walker was an accomplished under the contract that the offeror plans to (g) CONSTRUCTION.—Subsections (a), (b), athlete himself in collegiate football, bas- perform in the United States; and and (c) may not be construed to diminish the ketball and track at Benedict College, and (2) a high importance is assigned to such primary importance of considerations of an All-American in football in 1940; factor. quality in the procurement of defense-re- Whereas, as a track and field coach, Dr. (b) BREACH OF CONTRACT FOR TRANSFER- lated property or services. Walker helped 77 All-Americans, 40 national RING WORK OUTSIDE THE UNITED STATES.— (h) EFFECTIVE DATE.—This section shall champions, eight Olympians, and hundreds None of the funds appropriated to the De- apply with respect to contracts entered into of others, reach their potential as amateur partment of Defense under this Act may be on or after 60 days after the date of the en- athletes; obligated or expended to procure property or actment of this Act. Whereas, Dr. Walker epitomizes the spirit services except when it is made known to the of the Amateur Sports Act of 1978, the na- Federal official having authority to obligate Mr. SIMON. Mr. President, this is an tion’s law governing amateur sports; or expend such funds that each contract for amendment that tries to make our Whereas, Dr. Walker was inducted into the the procurement of property or services in- present Buy American Act effective on U.S. Olympic Hall of Fame in 1987; cludes a clause providing that the contractor defense contracts. What it says is that Whereas, Dr. Walker is recognized as a is deemed to have breached the contract if when a defense contractor submits a worldwide leader in the furtherance of ama- the contractor performs significantly less bill, the defense contractor should indi- work in the United States than the con- teur athletics; cate what percentage of that contract Whereas, Dr. Walker will be leaving his tractor stated, in its response to the solicita- post as the 23rd President of the U.S. Olym- tion for the contract, that it planned to per- is going to be manufactured here in the pic Committee in 1996: Now, therefore, be it form in the United States. United States, and then that should be Resolved, That the Senate commends and (c) EFFECT OF BREACH ON CONTRACT a high factor in the determination by thanks Dr. LeRoy T. Walker for his service AWARDS AND THE EXERCISE OF OPTIONS UNDER the Defense Department in consider- with the U.S. Olympic Committee, his life- COVERED CONTRACTS.—None of the funds ap- ation for that contract. And we also long dedication to the improvement of ama- propriated to the Department of Defense make clear that this is not to violate teur athletics, and for the enrichment he has under this Act may be obligated or expended any agreement, any treaty we have to award a contract or exercise an option brought to so many Americans through these with any other country and any memo- activities. under a contract, except when it is made known to the Federal official having author- randum of understanding we have with Mr. STEVENS. Mr. President, I move any other country. to reconsider the vote. ity to obligate or expend such funds that the compliance of the contractor with its com- The reality is that the Buy American Mr. INOUYE. I move to lay that mo- mitment to perform a specific percentage of Act just has not worked. I had the ex- tion on the table, Mr. President. work under such a contract inside the United The motion to lay on the table was perience of being on an American base States is a factor of high importance in any and seeing a truck made in another agreed to. evaluation of the contractor’s past perform- country, a U.S. military truck there, Mr. STEVENS. I thank the Senator ance for the purposes of the contract award from Illinois for deferring. or the exercise of the option. and I thought, you know, we really Mr. SIMON addressed the Chair. (d) REQUIREMENT FOR OFFERORS TO PER- ought to be buying trucks made in the The PRESIDING OFFICER. The Sen- FORM ESTIMATE.—None of the funds appro- United States of America. That is just ator from Illinois. priated to the Department of Defense under one small illustration. this Act may be obligated or expended to I ask, Mr. President, unanimous con- f award a contract for the procurement of sent to have printed in the RECORD let- property or services unless the solicitation DEPARTMENT OF DEFENSE AP- ters from the Maritime Trades Depart- PROPRIATIONS FOR FISCAL for the contract contains a clause requiring each offerer to provide an estimate of the ment, from the International Associa- YEAR 1997 percentage of work that the offeror will per- tion of Machinists and Aerospace The Senate continued with the con- form in the United States. Workers, from the International Union sideration of the bill. (e) WAIVERS.— of Electronic, Electrical, Salaried, Ma- (1) Subsections (a), (b), and (c) shall not AMENDMENT NO. 4591 chine and Furniture Workers, from the apply with respect to funds appropriated to (Purpose: To ensure that work under Depart- AFL–CIO, and a letter from the the Department of Defense under this Act Timken Co. ment of Defense contracts is performed in when it is made known to the Federal offi- the United States) cial having authority to obligate or expend There being no objection, the letters Mr. SIMON. Mr. President, I send an such funds that an emergency situation or were ordered to be printed in the amendment to the desk on behalf of the national security interests of the United RECORD, as follows:

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MARITIME TRADES DEPARTMENT, Specifically, the Simon amendment would mitment, constitutes a breach of the con- AMERICAN FEDERATION OF LABOR require contractors to state during the bid- tract, rendering the contractor ineligible for AND CONGRESS OF INDUSTRIAL OR- ding process what percentage of work per- contract renewal. GANIZATIONS, formed under a defense contract would be This amendment makes good common Washington, DC, July 15, 1996. kept in the U.S. The amendment further pro- sense. American taxpayers should have the DEAR SENATOR: When the Senate takes up vides that if a contractor is awarded the con- right to know whether they are funding de- the FY97 defense appropriations bill, it will tract and fails to honor its commitment, it fense programs which result in jobs at home. consider an amendment designed to provide would be considered to be in breach of the This amendment would put an end to current preference to Department of Defense (DOD) contract and render itself ineligible for con- contractors who maintain significant domes- practice which permits defense contractors, tract renewal. without the public’s knowledge, to ship work tic production capabilities. The Maritime This amendment makes good sense. Amer- Trades Department, AFL–CIO (MTD) urges ican taxpayers should know whether they to subcontractors outside of the United adoption of this amendment, which will be are funding defense programs that result in States. While defense contractors have been offered by Senator Paul Simon (D–IL) to help jobs at home. The current practice which the beneficiaries in the form of enormous maintain the defense industrial base. permits defense contractors to operate in a profits, the American worker has been the If adopted, this provision will provide a shadow by engaging in the practice of seek- loser. mechanism for assuring the American public ing subcontractors outside the U.S. to per- Indeed, as defense work continues to de- that the nation’s defense dollars are being form portions of their contracts must be put cline in this country, this issue will become utilized to provide the highest possible level to a stop. This practice has resulted in in- of increased importance. Between 1987 and of domestic employment. This is an impor- creased profits for the defense contractor 1995, total employment declined by more tant point to consider. Since 1987, over one with no savings passed along to the U.S. tax- than one million workers in the private sec- million skilled American workers in the de- payer. Most importantly, it has resulted in tor defense industry. Today, defense-related fense industry have lost their employment. the loss of major opportunities for U.S. employment for aircraft, missiles, space ve- These job losses resulted from military workers. hicles, and related parts today is less than downsizing and, to a growing extent, Amer- As jobs in the defense industry continue to half of what it was in 1987. ican defense firms’ expanding use of overseas be drastically reduced, this issue has become With jobs and job stability a major concern outsourcing to fulfill their contractual obli- even more important. Total employment in of all workers in this country, the American gations. In 1995, over $1.3 billion in foreign the private sector defense industry declined people should have the right to know wheth- subcontracts and purchases were made as by more than one million workers between er their hard-earned tax dollars will be used part of DOD contracts. 1987 and 1995. Defense related employment The Simon amendment requires the DOD to create good-paying jobs at home, or for aircraft, missiles, space vehicles, and re- to consider projected levels of domestic pro- whether they will be used to subsidize oper- lated parts today is less than half of what it duction when evaluating competitive pro- ations overseas. I strongly urge your support curement proposals. Defense firms are ex- was in 1987. At the same time defense related employment is declining, government ex- for the Simon amendment. pected to reach stated domestic targets. In Sincerely, the event foreign outsourcing is significantly penditures on defense and defense related projects involving work performed abroad WILLIAM H. BYWATER, higher than declared, they may be deemed International Union President. ineligible for renewal of that contract. The continues to soar. amendment also contains appropriate waiv- Defense contractors should not be in the ers for national security and international business of subcontracting technology and AMERICAN FEDERATION OF LABOR emergencies and provisions to guarantee the shipping work, funded by U.S. taxpayers, off- AND CONGRESS OF INDUSTRIAL OR- primacy of product quality in defense pro- shore. Senators should, at the very least, be GANIZATIONS, curement decisions. aware of the economic impact that large de- Washington, DC July 1, 1996. These requirements are hardly onerous fense contracts will have on local commu- nities and this impact should be a major fac- DEAR SENATOR: Senator Paul Simon (D–IL) when one realizes what is at stake. Ameri- will offer an amendment to the DOD appro- cans working in this strategic field possess tor in awarding contracts. The Simon amendment accomplishes this priations bill, S. 1894, that would help retain unique industrial skills that are vital to our defense manufacturing capacity in the nation’s future, but their employment oppor- goal by merely obligating a defense con- tractor to state what percentage of the con- United States. A similar amendment has al- tunities are being jeopardized by unfair trade ready passed the House of Representatives. and low-cost, heavily subsidized foreign com- tract’s work will be performed in the U.S. It serves as a ‘‘truth in lending’’ provision and The AFL–CIO strongly supports the Simon petition. The aerospace industry, long con- amendment. sidered the linchpin of our defense industrial will force a contractor to be honest with system, may suffer the loss of 250,000 jobs by itself and the United States taxpayer before Offshore production of United States de- the year 2000. it submits a bid on federal government de- fense products is an increasing concern to Aside from the economic consideration in- fense work. defense workers as well as defense strate- volved, it simply is unacceptable for the The American people have a right to gists. The Simon amendment would give a DOD to allow defense contractors to increase know—will their money be going to create contract preference to manufacturers who their dependence on foreign-source military good and decent jobs at home, or will it be promise to build in the United States. Con- equipment and services. It is in this nation’s going to pay for subcontracted defense work tracts would be required to disclose what vital interest to maintain a viable network abroad? Once again we urge your support for percentage of their product would be manu- of skilled defense workers so that our armed the Simon amendment. factured in the U.S., and they would be held forces can respond to any contingency in an Very truly yours, accountable for that percentage for the dura- increasingly unstable world. Other nations GEORGE J. KOURPIAS, tion of that contract. If a contractor failed understand this need, and until recently, so International President. to meet its domestic production commit- did America. Essentially, the Simon amend- ment, it would be ineligible to renew that ment would provide the necessary frame- INTERNATIONAL UNION OF ELEC- contract. work to insure that precious defense dollars TRONIC, ELECTRICAL, SALARIED, The Simon amendment makes good sense be use to underwrite a competitive American MACHINE AND FURNITURE WORK- by protecting defense jobs, retaining the base. ERS, AFL–CIO, United States defense industrial base and en- In closing, the MTD and its affiliates urge Washington, DC, June 25, 1996. hancing protection for advanced tech- you to support the Simon amendment when DEAR SENATOR: On behalf of the working nologies by keeping them in the United it is considered as part of the FY97 defense men and women of the International Union States. It also provides reasonable waiver appropriations measure. of Electronic, Electrical, Salaried, Machine authority and excludes contracts under Sincerely, & Furniture Workers, AFL–CIO, I urge your $100,000. MICHAEL SACCO, support for an amendment to defense appro- President. priations to be offered by Senator Paul At a time of defense downsizing, it makes Simon. This amendment, which has already little sense to continue hollowing out our de- INTERNATIONAL ASSOCIATION OF passed the House of Representatives, will en- fense manufacturing capability. Therefore MACHINISTS AND AEROSPACE WORKERS, able the American public to know whether the AFL–CLO strongly endorses the Simon Upper Marlboro, MD, June 24, 1996. their tax dollars are creating good-paying amendment. DEAR SENATOR: We are writing on behalf of defense jobs here in the United States, or Sincerely, the International Association of Machinists whether they are subsidizing foreign oper- PEGGY TAYLOR, and Aerospace Workers to voice our strong ations. Director, Department of Legisltion. support for an amendment to defense appro- Specifically, the Simon amendment would priations sponsored by Senator Paul Simon. require contractors during the bidding proc- THE TIMKEN CO., The amendment, which has already passed ess to disclose what percentage of work to be July 9, 1996. the House of Representatives, is needed to performed under a given defense contract maintain the integrity of defense spending would be kept in the United States. It fur- I am writing to express the strong support by enabling U.S. taxpayers to know how ther provides that this percentage be a fac- of the Timken Company for an amendment much of their money is used to retain and tor in the awarding of the contract, and that to be offered by Senator Paul Simon during create jobs in the United States. the failure of a contractor to honor its com- consideration of the Defense Appropriations

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7939 bill for Fiscal Year 1997. The provision is eign sourcing of key products causes Amer- We import about $1.3 billion. It is obvi- similar to the Durbin amendment accepted ican producers to discontinue needed re- ous that we have a substantial interest by the House in their FY97 spending bill and search and development, as well as reduce in continuing exports which lower the would provide accountability by U.S. Gov- domestic capacity. We slowly become vulner- unit cost of our production that we ernment agencies in defense procurement able by losing our long-term ability to contracts. produce critical defense systems. must buy to maintain our own defense. The defense industry that is engaged in Under existing law and regulation, Ameri- I think this is a security issue. cans are guaranteed that their tax dollars the export also has asked us to oppose What would happen, practically, will be used by the Department of Defense in this amendment. the procurement of goods and services in a when a company submits a bid, they manner that maintains the ability to would have to submit that they are If a contractor selects a U.S. con- produce certain products critical to our na- going to spend 70 percent, 80 percent, tractor and the U.S. contractor goes tion’s defense. The purpose of these statutes or whatever percent of this contract in out of business or cannot perform and is to sustain our national security and econ- the United States. Then, when the De- there is no other U.S. source, the net omy by helping to preserve the defense in- fense Department reviews the contract, effect of this amendment would pro- dustrial base and the high-skilled, high wage that should be a high factor—not the hibit the prime contractor from seek- jobs associated with it. ing a subcontractor abroad from the Unfortunately, there is no mechanism, now sole factor, but a high factor—in deter- under law, the enforce these laws. Foreign mining where the manufacturing country of one of our allies. producers consistently violate the statute by should go. This is a similar provision to the including products in U.S. defense systems If a company submits a bid saying, House bill. It will be in conference, and that were mandated by Congress to be pro- ‘‘We are going to produce 80 percent in we will work out some of this issue in duced within the United States. The effect is the United States,’’ and then they conference. Contrary to some of the re- a short term cost savings of the Pentagon produce 20 percent in the United ports I read in some of the papers this with a permanent weakening of or industrial States, that would be considered a base. Such foreign sourcing of key products morning, the Defense Subcommittee causes American producers to discontinue breach of contract, and it would have does still confer, and we confer at needed research and development, as well as to be considered in any future con- length and ad nauseam sometimes, but reduce domestic capacity. We slowly become tracts by that company. I think it we will confer on the issue because it is vulnerable by losing our long-term ability to makes sense. a House bill. produce critical defense systems. A recent GAO study in April of 1996 For example, in late June, Defense Sec- found that other countries are much One of the basic problems that we retary Perry announced that the department more pressing in terms of their defense have is if we interfere with the prime would conduct an internal review of the pos- establishment in how they insist their contractor’s ability to select the best sible illegal use of foreign high technology subcontractor available, we are not bearings in U.S. missile systems (such as the defense money is spent within their own country. The GAO found out, only imposing a burden on the con- patriot missile and various air to air missile tractor to respond to a solicitation systems). Because these bearings are essen- among other things, that U.S. compa- tial for the systems to work, U.S. law re- nies have entered into offset agree- that he has presented based upon avail- quires U.S.-made bearings to be used, when ments totaling more than $84 billion ability of competitive bidding from available, in missiles procured by the U.S. since the mid-1980’s. In order to get a subcontractors, the net result, Mr. government. It is only after widespread contract in another country, we have President, will be the increase in costs abuse that this case received the attention of the defense efforts of the United necessary within the Congress and the Ad- agreed to $84 billion in manufacturing and purchasing of their products in an- States, to the taxpayers of the United ministration to prompt action. How many States. other situations simply go unnoticed and un- other country. reported? Clearly, the law must be better en- I understand why some companies I view this amendment as being one forced. want to go abroad. China pays an aver- which is very difficult to deal with be- The Simon amendment addresses the issue, age of $50 a month. Wichita, KS, now cause it is so appealing. What we are by providing that the percentage of work a makes part of what it made in Wichita, saying is the DOE policy with regard to defense contractor plans to perform in the evaluation factors would be legislated U.S. will be an important factor in the eval- KS, in China. I understand the cost uation of bids; a defense contract will be savings there. We are not saying that by Congress in such a way as to elimi- deemed to have been breached if a contractor cost savings cannot be a factor, but nate the ability of a contractor to look performs significantly less work in the U.S. that a high factor has to be how much to a foreign source for a portion of the than promised in its contract solicitation; is manufactured in the United States. work that contractor commits to do on and such a contractor will also be ineligible As the president of Timken Company behalf of the Department of Defense at to have that contract renewed. said, there is a security factor here. We the taxpayers’ expense and, by defini- The amendment can be waived in a na- need to maintain our industrial base, tion, a competitive contract. tional emergency or for national security reasons. Also there is specific reference to our research. I am told that the I believe this will nullify existing not construing the provision in a manner McDonnell Douglas facility in St. procurement agreements that we have. that diminishes the primary importance of Louis, where 500 employees have just We have some 20 longstanding allies quality in the product being procured. been laid off, the company is subcon- who buy a considerable amount of their Your strong support of the Simon amend- tracting work to Finland, Spain, Aus- military products from us. To a great ment is requested for a strong America. tralia, Germany and Switzerland for extent, we see enormous entities in the Thank you for your consideration of this the F–18. matter. industrial base. In the United States, Sincerely, Now, we are not saying that none of many of the subcontractors are from ROBERT LAPP. this work can go abroad. We are just overseas. Mr. SIMON. Mr. President, here is a saying it ought to be upfront in the contract. This Senator and other Senators defense contractor. Let me just read have been criticized for going to things one paragraph here. I am pleased to be joined by Senator SPECTER and Senator HARKIN as co- like air shows, for instance. We go to I am writing to express the strong support sponsors of this legislation. I hope it trade shows and air shows to see who is of the Timken Company for an amendment out there, what is the strength of the to be offered by Senator Paul Simon during will be adopted by the Senate. Mr. STEVENS. Mr. President, I am United States vis-a-vis the foreign sup- consideration of the Defense Appropriations plier, and are we correct to the extent bill for Fiscal Year 1997.... sad to announce to the Senate that the Unfortunately, there is no mechanism, now Department of Defense has requested that we are even buying the $1.3 billion under law, to enforce these [Buy American] that we oppose this amendment be- that we buy from overseas through the laws. Foreign producers consistently violate cause it would impose a burdensome use of taxpayers’ funds, and directly by the statute by including products in U.S. de- and relevant complication on the eval- our contractors who do buy from sub- fense systems that were mandated by Con- contractors overseas. gress to be produced within the United uation process. This is a very difficult States. The effect is a short term cost sav- process to work out. I personally believe this is a very ings for the Pentagon with a permanent The United States sells over $14 bil- strong export business. Let me say, it weakening of our industrial base. Such for- lion in military equipment overseas. is a $14 billion export we are looking

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7940 CONGRESSIONAL RECORD — SENATE July 17, 1996 at. That export is a strong, strong por- procurement of military goods by 60 In response to my friend from Alas- tion of our industrial base. It rep- percent in the last 10 years. We have ka, who said this is going to mean a lot resents a strong portion of our indus- reduced it 60 percent. Now our indus- of work, I have a news release—and it trial base. If we were to adopt the ap- trial base is shrinking. As it shrinks, is fairly typical—from the Office of the proach of the Senator from Illinois and some of the foreign investors and for- Assistant Secretary of Defense about the approach represented in the House eign manufacturers are coming into various contracts. Here is a contract bill totally, in my judgment, we would our country and opening plants to take awarded to McDonnell Douglas that place at risk this strong export busi- advantage of the expertise of our labor says, ‘‘Work will be performed in St. ness. Therefore, I am sad to say I in- force, and they are producing some of Louis, Missouri, 70 percent, and in the tend to move to table the amendment, the parts that we are exporting. This is United Kingdom, 30 percent.’’ So they subject to the comments of my friend saying to those same people who are are doing some of this right now. All from Hawaii. investing in this country, creating jobs we are saying is that the percent that The PRESIDING OFFICER. The and preserving jobs here in our indus- is manufactured in the United States Chair recognizes the Senator from Ha- trial base: That is fine. You can should be of high importance—not the waii. produce it here and we will export it, sole consideration, but should be of Mr. INOUYE. Mr. President, at first but you cannot bring into this country high importance. blush, one must conclude this is a good and compete with this country on sub- Here is another one. Refinery Associ- amendment. In general, it says we contractors. I really think that is not ates of Texas. ‘‘Work will be performed Americans will purchase American the right policy. in overseas locations.’’ goods. It is a very patriotic amend- So while it will be a very difficult Here is another contract that says, ment. However, Mr. President, it is not thing to convince the Members of the ‘‘Work will be performed 43 percent in a realistic amendment. House to modify this, that is what we Germany, 30 percent in Alabama, 22 As the chairman of the subcommittee intend to do. We will not be able to do percent in Michigan, 4 percent in Cali- has pointed out, we sell our allies and that if this amendment is adopted. We fornia.’’ other friends over $14 billion worth of will have no negotiating room with the So they are doing these things now. defense products. In return, we have House at all. The export business of the What we are doing is just ignoring how purchased $1.8 billion. As everyone in United States is of sufficient impor- much is made in the United States. this Chamber will say, trade is a two- tance that we must find a way. I do be- Here is another contrast as to how way street. We cannot insist our allies lieve that, with the good will that ex- much would be done in the United purchase everything from us and we ists in the House, we will find a way to States, how much in Germany, how not purchase anything from them. If reflect the concept that the House much in England, how much in Italy, we were the only producers in the seeks, which is that we know what we how much in Korea, how much in Aus- world, we may be able to dictate terms are doing when these contracts are let, tralia. So they are doing this now. This and impose our will on the rest of the and that there literally be competition. is not an undue burden. world, but there are many other coun- But as long as we are insisting on com- Now, one argument they make is tries that are involved in defense pro- petition, I do not think we ought to say that this may cost a little more. It duction. we only want competition from U.S. may cost a little more. I do not know This amendment of my friend from sources when we are providing so much what they pay for that foreign truck on Illinois does provide the Secretary of of the overseas market, as far as these an American base. Maybe we save a few Defense the authority to waive provi- military acquisitions are concerned. dollars. But I think that when it comes sions of this amendment for NATO al- I urge Members to travel with us and to defense dollars, insofar as prac- lies—for Israel, for Egypt, for Japan, look at this. It is an enormous market tically possible, we ought to be spend- and for Korea. But we do a lot of busi- that we serve. Our military-industrial ing that money here at home. That is ness with countries like Malaysia, complex not only serves the military the reality. Again, I stress that there is Singapore, Thailand, Indonesia, all of market abroad, but by producing the a waiver where we have agreements South America, and all of Central parts for aircraft, and parts for various with other countries and memoranda of America, and we may reach a point types of vehicles we use, parts for our understanding with other countries for where we may find these friends of ours submarines, we are the parts supplier any kind of emergency. I think this responding to our strict restrictions by of the world. makes sense, and I urge my colleagues saying: Well, if that is the way you feel This amendment would put that in to reject the motion to table. about it, Mr. U.S., we will buy our air- great jeopardy, and I think it should be Mr. STEVENS. Mr. President, let me craft from France. The Mirage is just tabled at the appropriate time. I will just list some major sales in the time as good. Or we might buy it from Brit- make the motion to table at the appro- we have. As we listened to the Senator ain. They are just as good. priate time. I want to defer that until from Illinois, I made a list. These are So, Mr. President, though at first I get an indication from the leadership recent major sales: blush this may seem like a very patri- of the proper time to request that the C–130J to Britain, AH–64 Apache to otic amendment, the effect may be one vote take place. Britain, AH–64 Apache to Netherlands, that none of us would want to happen Mr. SIMON addressed the Chair. F–16 to South Korea, Corp-San develop- to our industry. We may be the loser. The PRESIDING OFFICER. The Sen- ment with Germany, F–18 to Australia, So I join my chairman in this motion ator from Illinois is recognized. F–18 to Spain, AV–8B co-production to table this amendment. Mr. SIMON. Mr. President, I buy with Britain and Spain. That is the I ask for the yeas— many of the arguments that my friends British area being built in the United Mr. STEVENS. If the Senator will from Hawaii and Alaska used. I voted States, a co-production with Britain withhold. I know the Senator from Illi- for NAFTA. I voted for GATT. In gen- and Spain. And the MLRS rockets, nois may want to speak. We are trying eral, we have to have reciprocity in which are so important to the Senator to work out a time to stack votes for a terms of trade. But we also have, in from Arkansas, to Germany and to later time because there are some theory, a Buy American Act, which is, Britain. meetings going on that the leaders are frankly, toothless. So I think we need Now, that is just 5 seconds of think- involved in, as I understand it. something that is a little stronger. ing about what we are doing. The im- I will just add this comment to my Let me add that this amendment is pact of this amendment places those in friend from Illinois. We now are becom- more narrowly crafted than the House jeopardy. ing an industrial center for investment amendment. The House amendment in- Now, Mr. President, I am constrained by foreign producers, whether it is in troduced by my House colleague, Con- to say that, the other night, a good automobiles, aviation parts, or other gressman DICK DURBIN, is stronger friend of mine, who is a very intel- types of production. We are reducing than this amendment. But this amend- ligent person from academia, told me, our industrial base. After all, we have ment at least says, let us find out what ‘‘You know, as we reduce our industrial reduced the amount of money spent by percentages are made in the United base, if you in Congress continue to put the taxpayers of the United States for States and what percentages abroad. restrictions on our American industry

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7941 so it cannot enter into cooperative (E) in accordance with Section 818 of 10 sure that the payments made are used agreements abroad, we will see the day U.S.C. 2324, an analysis of the savings solely for restructuring costs, with a come when we will be procuring all of reached from the business combination rel- strong emphasis on the employees laid our systems from abroad, because tech- ative to the restructuring costs paid by the Department of Defense. off. I would also urge the DOD to con- nology follows production.’’ (2) The report should set forth rec- tinue to monitor the savings certified Technology follows production. As ommendations to make this program more by the companies, ensuring that the we produce, we refine our systems, we effective for workers affected by business savings are greater than the restruc- develop new technology. If we are not combinations and more efficient in terms of turing payments. involved in this production, we will not the use of federal dollars. be able to afford the development costs Mr. BRADLEY. Mr. President, I offer My amendment therefore calls for and research costs to refine it. If we an amendment regarding a Department the GAO to analyze the restructuring want to remain a leader in terms of of Defense [DOD] policy of paying re- costs paid by the DOD and to consult production—particularly now of air- structuring costs to companies that with the Secretary of Labor to deter- craft, submarine, and military vehi- are involved in a merger. mine the effectiveness of the assistance cles—we are going to have to under- Mr. State of New Jersey is currently provided to laid off workers. The report stand that our allies throughout the feeling the effects of a defense-industry should ensure that the payments are world, who are buying our major merger. As a result of the Lockheed- being used for justified costs and that projects, are going to insist that they Martin merger, a satellite plant in the workers laid off are treated fairly. East Windsor, NJ, will close, causing be involved somehow in this overall It is my hope that this amendment substantial job loss. I have therefore business. will help my constituents in East Today, as I indicated, the balance is taken a strong interest in the current over $14 billion that we export versus DOD policy. Windsor and those around the country about $1.3 billion we import. I do not Under this policy, DOD reimburses affected by defense downsizing. This believe that this amendment in its restructuring costs to contractors that amendment assures that these workers present form is in the best interest of are involved in mergers that lead to will not be ignored. the United States, and therefore I op- savings for the DOD. DOD payments Mr. INOUYE. This amendment is in pose it. can be used for, among other things, response to the great number of merg- Mr. President, I will put the Senate worker and plant relocation, severance ers that we have found in the business on notice that unless the leader dis- pay, early retirement incentives, and community, and this amendment calls agrees, we will call for the vote in 10 continued health benefits. This policy for a report to be issued by the Sec- minutes, and I suggest the absence of a has been called payoffs for layoffs and retary of Defense and the Secretary of quorum in the meantime. blamed by some for the mergers in the Labor, and that report shall include an The PRESIDING OFFICER. The industry. analysis and breakdown of restruc- clerk will call the roll. It is my belief that layoffs in the The legislative clerk proceeded to turing costs paid by or submitted to defense industry do not result from DOD, analysis of the specific costs as- call the roll. this DOD policy. Rather, due to the sociated with work force reductions, Mr. STEVENS. Mr. President, I ask end of the cold war, defense layoffs analysis of the services provided to the unanimous consent that the order for have become inevitable. While we are the quorum call be rescinded. no longer faced with a Soviet threat, workers affected by business combina- The PRESIDING OFFICER. Without we must now come to terms with our tions, an analysis of the effectiveness objection, it is so ordered. runaway debt. These major of the restructuring costs used to as- AMENDMENT NO. 4569 transformnations—the end of the cold sist laid-off workers in gaining employ- (Purpose: To impose additional conditions on ment. the authority to pay restructuring costs war and a spiraling budget deficit— under defense contracts.) have made job loss in the defense in- This amendment, Mr. President, has Mr. INOUYE. Mr. President, in behalf dustry a reality and necessity. been approved by both managers. of the Senator from New Jersey [Mr. It is my belief that this policy makes Mr. STEVENS. Mr. President, the good sense. Defense cuts have led to BRADLEY], I ask for the immediate con- Senator from Hawaii is correct. We overcapacity, which encouraged merg- sideration of amendment No. 4569. have approved it. I hope, however, that ers and cost cutting. It is not the reim- The PRESIDING OFFICER. Without the study requested will cover addi- bursement but the defense cuts that objection, the pending amendment is tional factors. I am one who believes set aside. The amendment will be con- lead to layoffs, and it is appropriate for DOD to pay a fraction of those savings that, if we had not had some of these sidered. restructurings and some of these con- The legislative clerk read as follows: for assistance to workers laid-off from solidations of basic companies in the The Senator from Hawaii [Mr. INOUYE], for the merger. defense industrial base, we would have Mr. BRADLEY, proposes an amendment num- In light of the end of the cold war, bered 4569. our priorities must be twofold. First, had the possibility of a loss of all of the Mr. INOUYE. Mr. President, I ask we should encourage the Defense De- companies involved in those consolida- unanimous consent that reading of the partment and defense contractors to tions. Because of the competitive as- amendment be dispensed with. reduce the excessive buildup from the pect of our acquisitions, I think that The PRESIDING OFFICER. Without cold war era. Our second priority must more and more companies would have objection, it is so ordered. be to determine how to best help work- found they could not perform and meet The amendment is as follows: ers in the defense industry who have the competition of those that were On page 88, between lines 7 and 8, insert been downsized. equally sharpening their pencils trying the following: I have come to believe that the DOD SEC. 8099. (1) Not later than April 1, 1997, to think they could beat out the other the Comptroller General shall, in consulta- policy meets the priorities I have stat- company. ed. Indeed, it encourages contractors to tion with the Inspector General of the De- I think it has been in the best inter- achieve savings for the DOD while pro- partment of Defense, the Secretary of De- ests of the United States that we have fense, and the Secretary of Labor, submit to viding the affected workers with bene- Congress a report which shall include the fol- fits they desperately need. In a perfect had selective consolidations and re- lowing: world, companies that downsize would structuring to preserve the industrial (A) an analysis and breakdown of the re- base. I hope a portion of this is directed structuring costs paid by or submitted to the provide their employees with a respect- able severance package that would in- toward the potential loss to the United Department of Defense to companies in- States of the industrial base had the volved in business combinations since 1993; clude extended health care benefits. All (B) an analysis of the specific costs associ- to often, though, laid-off employees consolidations not taken place. But ated with workforce reductions; find themselves without these benefits, under the circumstances, I think the (C) an analysis of the services provided to struggling to put food on the table, or directions are broad enough to cover the workers affected by business combina- that, and I will pose no opposition to tions; make the next mortgage payment. (D) an analysis of the effectiveness of the In order to clarify the confusion re- the amendment. It is a study we need; restructuring costs used to assist laid off garding this policy, I would urge the there is no question about it. But I workers in gaining employment; Defense Department to continue to en- hope it is balanced.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7942 CONGRESSIONAL RECORD — SENATE July 17, 1996 Obviously, there are jobs lost and ob- Mr. STEVENS. Mr. President, may I Norway: The Coordinator of Offset Author- viously there are costs from the reduc- inquire as to whether the Senator from ity is the Royal Norwegian Ministry of De- tion in the amount of procurement we Illinois wishes to make any further fense, assisted by the Director General of the Section for Industrial Cooperation. For con- are making. I just said we have reduced statement before I make a motion to tracts over $7 million, 100% offset is re- procurement by 60 percent. Anyone table? quired, with 80% or more local content equal who thinks we are going to get the re- Mr. SIMON. If I may have 3 minutes, to 100% offset credit. A 10% penalty is as- sultant production for the same costs Mr. President. sessed on any unfulfilled offset amount. or less than we were getting when we The PRESIDING OFFICER. The Sen- Sweden: At least 50% of the total value of had the competition from a full indus- ator from Illinois. a Swedish defense procurement with an off- trial base is mistaken. Costs of indus- shore company must be in local content. The AMENDMENT NO. 4591 offshore bidder must sign a Draft Contract trial production are going up because Mr. SIMON. It was mentioned that for Industrial Cooperation with the Swedish the sources are being more limited, and other countries buy a great deal from Defense Material Administration (FMV) de- there is additional cost to the taxpayer us. I ask unanimous consent to have tailing how the bidder will meet the binding because of the inability of the limited printed in the RECORD right now the re- industrial cooperation (I.C.) commitment. number of companies to provide the quirements of Australia, Canada, The The commitment constitutes ‘‘a vital part of the decision process’’ concerning the accept- competitive edge we used to have in Netherlands, Norway, Sweden, and the terms of the industrial process. But I ability of the bid. I.C. is ‘‘valued on the basis United Kingdom, all of which are more of the production of goods and services that accept the amendment, and I am pre- severe than the requirements that I is achieved in Sweden.’’ Both the ‘‘economi- pared to agree to it on this side. suggest in this amendment. cal volume’’ and the ‘‘qualitative contents’’ The PRESIDING OFFICER (Mr. There being no objection, the mate- of the bidder’s commitment are considered. SANTORUM). Without objection, the rial was ordered to be printed in the I.C. credits, which must be ‘‘accepted by the amendment is agreed to. RECORD, as follows: Swedish industry concerned,’’ are evaluated The amendment (No. 4569) was agreed and monitored by the FMV, in consultation FOREIGN GOVERNMENT ‘‘LOCAL CONTENT’’ with Swedish industry. to. REQUIREMENTS FOR DEFENSE CONTRACTS Mr. INOUYE. Mr. President, I move United Kingdom: The U.K. Ministry of De- LOCAL CONTENT REQUIREMENTS fense (MOD) Procurement Executive DESO is to reconsider the vote. charged with providing Government support Mr. STEVENS. I move to lay that A company in the United States that wants to sell defense-related marine equip- to increase UK defense business. When off- motion on the table. ment to governments in many other indus- shore defense companies seek to compete, The motion to lay on the table was trialized nations must comply with offset or the MOD-DESO assesses the U.K. Industrial agreed to. other requirements that include a ‘‘local Participation (IP) proposal of an offshore de- The PRESIDING OFFICER. The content’’ obligation to produce 50% or more fense company seeking to compare. Although question recurs on amendment No. of the system within the customer’s country. IP proposals are not mandatory, in reality, 4591. ‘‘Local content’’ means that a U.S. company the IP is a key element in whether or not the must substitute its own production with offshore company gets the MOD contract. AMENDMENT NO. 4480 sourcing and engaging subcontractors in the 100% offsets are encouraged. The IP obliga- Mr. STEVENS. Mr. President, I ask target country. Also, the U.S. company fre- tion must be met at no extra cost to MOD. that it be temporarily set aside to take quently is required to conduct free transfer The DESO negotiates a Letter or Agreement up another amendment, which is of technology to achieve the required local on the IP proposal which is not legally bind- amendment No. 4480. content. Liquidated damages can be assessed ing, but is considered a ‘‘Gentlemen’s Agree- The PRESIDING OFFICER. Without if the local content requirements are not ful- ment.’’ objection, it is so ordered. The clerk filled. Mr. SIMON. Again, what I am sug- will report the amendment. EXAMPLES OF SPECIFIC ‘‘LOCAL CONTENT’’ AND gesting in this amendment is that The bill clerk read as follows: OTHER REQUIREMENTS OF SELECTED FOREIGN when a contractor submits a bid, that GOVERNMENTS, INCLUDING MOU SIGNATORIES The Senator from Alaska [Mr. STEVENS], contractor has to say what percentage WITH THE UNITED STATES for Mr. SPECTER, proposes an amendment of the work will be done in the United numbered 4480. Australia: The Australian Industry In- States and it be a matter of high im- volvement office within the Department of Mr. STEVENS. Mr. President, I ask portance, not the only consideration, Defense coordinates the offset policies. but a matter of high importance for unanimous consent that reading of the Guidelines are contained in the Defense Aus- amendment be dispensed with. tralian Industry Involvement Program, pub- the Defense Department. We do not The PRESIDING OFFICER. Without lished in July 1995. Actual requirements are suggest and we make clear that it objection, it is so ordered. program specific. For example, the Ocean would be waived for countries where we The amendment is as follows: Patrol Combatant Project suggests that the have agreements or memoranda of un- On page 29, line 20 before the period, insert: local content be 65%. Liquidated damages as- derstanding. ‘‘: Provided further, That of the funds appro- sessment for unfilled local content require- So I think it makes sense. I hope priated under this heading $46,600,000 shall be ments also vary with the contract. For the that the motion to table will be re- made available only for the Intercooled Australian Ocean Patrol Combatant project, jected. Recuperated Gas Turbine Engine program’’. the liquidated damages assessment is 20%. Mr. STEVENS. Mr. President, I shall Mr. STEVENS. Mr. President, I offer Another example is the Australian ANZAC make a motion to table this amend- Frigate project in which U.S.-based Bird- this amendment in the cloture pro- Johnson Company is participating. Bird- ment at 1 p.m.. I now ask that it be set ceedings for Senator SPECTER. It is a Johnson is required to manufacture its ship aside temporarily so that I might deal limitation to comply with a limitation propeller system with at least 80% local Aus- with some other matters here, if that in the authorization bill with regard to tralian content. meets with the approval of the Senator the availability of funds for the Inter- Canada: The Director of Industrial Benefits from Illinois. cooled Recuperated Gas Turbine En- Policy, Industry Canada agency, is the coor- The PRESIDING OFFICER. The Sen- gine Program, and I believe it is a tech- dinator of offset authority. The Canadian ator from Hawaii. term for offset is Industrial Benefit (IB). IB nical amendment that should be of- PHOTONICS RESEARCH REPORT Managers are assigned to individual projects. fered. It is normal for major programs to have at Mr. INOUYE. Mr. President, last Mr. INOUYE. Mr. President, both least 100% Canadian content requirement. year, during the consideration of the managers approve the amendment. Liquidated damage assessments are 10% of fiscal year 1996 defense appropriations The PRESIDING OFFICER. Without the unfulfilled amount of the IB commit- measure, the Congress approved the objection, the amendment is agreed to. ment. Center for Photonics Research at Bos- The amendment (No. 4480) was agreed The Netherlands: The Coordinator of Offset ton University. I am pleased to share to. Authority is the Commissioner for Military with my colleague an interim report Mr. STEVENS. Mr. President, I move Production and Crisis Management within that was just submitted by the presi- to reconsider the vote. the Ministry of Economic Affairs with input from advisors for the Navy, Air Force, or dent of Boston University, advising us Mr. INOUYE. I move to lay that mo- Army. 100% offset is required. Offset valu- of the progress being made in this tech- tion on the table. ation credits vary, but in general, 85% or nology. The motion to lay on the table was more local content would result in an 100% I ask unanimous consent that it be agreed to. offset credit. printed in the RECORD.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7943 There being no objection, the mate- of this facility by the United States, Mr. STEVENS. Mr. President, I move rial was ordered to be printed in the once it is contracted by the State, at a to reconsider the vote. RECORD, as follows: rate not to exceed $200,000 a year. Mr. INOUYE. I move to lay that mo- BOSTON UNIVERSITY, We have examined this lease-back tion on the table. Boston, MA, July 10, 1996. concept of the reserve center and be- The motion to lay on the table was Hon. DANIEL K. INOUYE, lieve it is in the interests of the tax- agreed to. U.S. Senate, payers of the United States to proceed Mr. STEVENS. Mr. President, I am Washington, DC. in this fashion because it will mean we going to suggest the absence of a DEAR SENATOR INOUYE: It was a pleasure to will have the facility and have it at an quorum as we go through our files to meet with you to discuss the Center for annual lease cost which is a substan- see if there are any other amendments Photonics Research at Boston University, we can go through in the manner we and to have an opportunity to thank you in tial advantage to the Government. person for your support and leadership in the The PRESIDING OFFICER. The have thus far. I congratulate the Chair Congress. I also want to thank you again for clerk will report. and clerk for assisting us in this man- your very generous offer to be of assistance The bill clerk read as follows: ner. Again, I will announce the vote on if possible in the future, and to help put the The Senator from Alaska [Mr. STEVENS] the motion to table the Simon amend- Center on the road to self-sufficiency. for Mr. COCHRAN, for himself and Mr. LOTT, ment will take place at 1 p.m. Boston University has invested over $60 proposes an amendment numbered 4666. I suggest the absence of a quorum. million of its own funding to create and es- The PRESIDING OFFICER. The Mr. INOUYE. Mr. President, I ask tablish the Center, and we are committed to clerk will call the roll. unanimous consent that reading of the its long-term mission and success. Photonics The bill clerk proceeded to call the technology will, as you have observed, be one amendment be dispensed with. of the keys to our nation’s ability to defend roll. The PRESIDING OFFICER. Without Mr. STEVENS. Mr. President, I ask itself from external threats; it will also be- objection, it is so ordered. come a driving force in all sectors of our unanimous consent that the order for The amendment is as follows: the quorum call be rescinded. economy. It is truly the technology of the At the end of the bill, insert: future. The PRESIDING OFFICER. Without Few, if any, of our current weapons, weap- SEC. . LEASE TO FACILITATE CONSTRUCTION OF RESERVE CENTER, NAVAL AIR objection, it is so ordered. on systems or platforms do not depend on STATION, MERIDIAN, MISSISSIPPI. The Senator from Alaska. photonics for their effectiveness. It was not (a) LEASE OF PROPERTY FOR CONSTRUCTION UNANIMOUS-CONSENT AGREEMENT by coincidence that photonics was declared OF RESERVE CENTER.—(1) The Secretary of Mr. STEVENS. Mr. President, we as one of our most critical technologies the Navy may lease, without reimbursement, have now, since we started on this bill, needed for the future in the Critical Tech- to the State of Mississippi (in this section re- nologies Report to the Congress. whether Senators realize it or not, dis- ferred to as the ‘‘State’’), approximately five posed of almost 50 amendments. In the Research alone cannot meet the defense acres of real property located at Naval Air needs of our country. We must develop the Station, Meridian, Mississippi, only for use process of doing that, under the cir- ability to move from the research to the ac- by the State to construct a reserve center of cumstances, again having to deal with tual product and product-manufacturing re- approximately 22,000 square feet and ancil- the cloture problem, we filed the quirements of our country. Meeting these re- lary supporting facilities. amendments so they only hit the bill quirements is central to the mission of the (2) The term of the lease under this sub- at one point. We have been able to con- Center. The funding your Committee made section shall expire on the same date that available has allowed us to move the Center solidate those. As we consolidated the lease authorized by subsection (b) ex- them, we may have made some tech- forward, and the actual construction is mov- pires. ing forward on budget and on schedule. nical errors. I ask unanimous consent (b) LEASEBACK OF RESERVE CENTER.—(1) The Center for Photonics Research is al- The Secretary may lease from the State the that the staff and the clerk be author- ready actively contributing to the nation’s property and improvements constructed pur- ize to make technical, clerical changes defense. To illustrate this, I enclose a brief suant to subsection (a) for a five-year period. in numbers, et cetera, that might be report, prepared by Dr. Donald Fraser, the The term of the lease shall begin on the date required. Center’s Director, which summarizes the de- on which the improvements are available for The PRESIDING OFFICER. Without fense-related applications that are now occupancy, as determined by the Secretary. under development. objection, it is so ordered. (2) Rental payments under the lease under Mr. STEVENS. Mr. President, I ask The Center’s building will be completed paragraph (1) may not exceed $200,000 per and ready for formal dedication next spring. the unanimous-consent agreement we year, and the total amount of the rental pay- have concerning these technical We very much hope that you the Members of ments for the entire period may not exceed the Defense Appropriations Subcommittee 20 percent of the total cost of constructing changes to our amendments apply to will be able to join us at that event. the reserve center and ancillary supporting all amendments we accept by unani- Again, thank the Subcommittee on behalf facilities. mous consent today. of Jon Westling and all of Boston University (3) Subject to the availability of appropria- The PRESIDING OFFICER. Without for its leadership and vision. I can only tions for this purpose, the Secretary may use objection, it is so ordered. imagine the number and variety of difficult funds appropriated pursuant to an authoriza- choices it faces every day, but I know how AMENDMENT NO. 4528 tion of appropriations for the operation and (Purpose: To require certification of com- much I admire the service of you and your maintenance of the Naval Reserve to make fellow Subcommittee members and what it petition prior to the appropriation of funds rental payments required under this sub- for the T–39N) has meant to the American people. section. With warm personal regards, (c) EFFECT OF TERMINATION OF LEASES.—At Mr. STEVENS. Now I ask the Chair Sincerely, the end of the lease term under subsection lay before the Senate amendment No. JOHN SILBER. (b), the State shall convey, without reim- 4528. The PRESIDING OFFICER. The Sen- bursement, to the United States all right, The PRESIDING OFFICER. The ator from Alaska. title, and interest of the State in the reserve clerk will report. center and ancillary supporting facilities AMENDMENT NO. 4666 The bill clerk read as follows: subject to the lease. The Senator from Alaska [Mr. STEVENS], Mr. STEVENS. Mr. President, I send (d) ADDITIONAL TERMS AND CONDITIONS.— to the desk an amendment I offer on for Mrs. FRAHM, proposes an amendment The Secretary may require such additional numbered 4528. behalf of Senator COCHRAN and Senator terms and conditions in connection with the LOTT. If I may first just explain it, this leases under this section as the Secretary Mr. STEVENS. Mr. President, I ask entitles the Secretary of Navy to lease considers appropriate to protect the inter- unanimous consent that reading of the to the State of Mississippi 5 acres of ests of the United States. amendment be dispensed with. the property located at the naval air Mr. INOUYE. Mr. President, this The PRESIDING OFFICER. Without station at Meridian, MS, for use only amendment has been cleared and ap- objection, it is so ordered. by the State to construct a reserve proved by both managers. The amendment is as follows: center of approximately 22,000 square The PRESIDING OFFICER. Without At the appropriate place, insert the fol- lowing: feet and ancillary supporting facilities. objection, amendment No. 4666 is SEC. .None of the funds provided for the This will be for the co-use of the State agreed to. purchase of the T–39N may be obligated until and Federal Government, as I under- The amendment (No. 4666) was agreed the Under Secretary of Defense for Acquisi- stand it. It does provide for the renting to. tion certifies to the defense committees that

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7944 CONGRESSIONAL RECORD — SENATE July 17, 1996 the contract was awarded on the basis of and In terms of flight characteristics the Carolinians are especially proud that following a full and open competition con- T–39N has been and is closest to the the U.S. Army’s XVIII Airborne Corps sistent with current federal acquisition stat- rise and performance of the jets the and the 82d Airborne Division call Ft. utes. Navy, U.S. Air Force, and allied Air Bragg home. These men and women are Mrs. FRAHM. Mr. President, my Force personnel will find in their in- the front line of our Nation’s defense amendment is quite simple. It requires ventories. I would also point out that and they are among the best trained, the Secretary of Defense for acquisi- this aircraft has had years of ‘‘fly be- most dedicated and professional sol- tion to certify to the Congress that he fore you buy’’ experience without com- diers in the world. has conducted a full and open competi- plaint. When there is a need for equipment tion, consistent with current acquisi- The aircraft has performed superbly or technology to make these soldiers’ tion policies prior to awarding any con- as opposed to other aircraft used in the tasks easier or safer, it is the responsi- tract for purchasing the T–39N or its program in the past. As I noted before, bility of the Congress to provide for it. replacement. This amendment reflects this aircraft is currently in use as we The modification of the Army’s T–10R the stated position of the Navy, the De- speak, turning out the finest tactical reserve parachute is an example of one partment of Defense, and it reflects flight officers in the world. These men such initiative. A study showed that a good government. and women will be going to the same modified design would increase effec- The Navy is currently using a 1950’s aircraft they have been going to since tiveness to almost 100 percent. This technology aircraft to train our pilots. the current contract began over 5 years modification was developed by the This aircraft is expensive to fly and ago. Army through a partnership between maintain, thus wasting precious de- There are no new design aircraft on the Army and a private company. As a fense resources. Further, the T–39N the drawing boards which require a result of this successful partnership, does not provide the kind of state-of- new airframe; any avionics systems up- Airborne troops now have a highly ef- the-art training or pilots need and de- grades or radar upgrades can be accom- fective, low cost parachute that should serve. I believe that the Navy, our pi- modated by the T–39N. This is the right help save lives. lots, and the Nation can be better aircraft, at the right time, and for the I ask the able Senator from Alaska if served with a more modern and cost-ef- right cost. my understanding is correct that there fective aircraft for this purpose. Mr. STEVENS. Mr. President, this is is a backlog in the performance of re- With that said, I believe that the to require certification of competition pair and maintenance work on cargo Navy should be left to make their own prior to appropriation of funds for the and personnel parachutes. To alleviate choice and that their choice be based T–39N. We have discussed this matter this backlog and thereby enhance read- upon a full and open competition. It is with the Senator from Kansas and are iness, would it be a wise use of Army through the competitive process that prepared to recommend to the Senate resources to contract out the repair we can best meet the needs of our fu- we adopt this amendment. We will con- and maintenance of these chutes to a ture pilots. And it is through competi- sider it in conference. There are simi- qualified manufacturer of similar para- tion that the taxpayer will be best lar provisions—the matter is discussed chutes? Would this not allow the back- served. in the House bill, and it will be a con- log to be addressed in a cost-efficient Mr. President, I urge the adoption of troversy in conference. manner? my amendment. Mr. INOUYE. There is no objection, Mr. STEVENS. The Senator from Mr. BOND. Mr. President, I rise to Mr. President. North Carolina is correct. In the cur- address the issues raised by Senator The PRESIDING OFFICER. Without rent fiscal environment, it is impor- FRAHM’s amendment. I must first note objection, the amendment is agreed to. tant that each service seek innovative, that the T–39N aircraft currently in The amendment (No. 4528) was agreed cost-saving ways to provide support for use by the U.S. Navy has been per- to. our men and women in uniform. The forming its duties for over 5 years and Mr. STEVENS. Mr. President, I move Army Airborne has experienced an in- it will perform the same duties in the to reconsider the vote. crease in training requirements. While future. This is not a new program nor Mr. INOUYE. I move to lay that mo- the T–10R reserve parachute modifica- a new aircraft. I also understand the tion on the table. tion work has been successful, the concern of some that the aircraft may The motion to lay on the table was Army is required to repack the para- be too old, however Navy analysis indi- agreed to. chutes after the modifications are per- cates this aircraft will provide valuable Mr. STEVENS. I suggest the absence formed and, as a result, the repair and service through 2025. The Sabreliner T– of a quorum. maintenance of personnel and cargo 39N has a mission completion rate of 98 The PRESIDING OFFICER. The parachutes has fallen behind. There- percent. The U.S. Air Force in fact has clerk will call the roll. fore, I agree that repair and mainte- consolidated its tactical navigator and The bill clerk proceeded to call the nance work, as well as cargo parachute weapon sensor operator training under roll. repacking, would be excellent can- the Navy umbrella with the under- Mr. STEVENS. Mr. President, I ask didates for contracting out. standing that the T–39N would be the unanimous consent that the order for Mr. HELMS. I thank the distin- trainer aircraft. Our allies who conduct the quorum call be rescinded. guished Senator. I think it is obvious the same type of training have also The PRESIDING OFFICER. Without that my goal is to make certain that elected to use the U.S. Navy’s T–39 objection, it is so ordered. the Army has the ability to use the op- Flight Officer Training Program. REPAIR AND MAINTENANCE OF CARGO AND erations and maintenance funds appro- Future concerns of system upgrades PERSONNEL PARACHUTES priated within this bill to contract for would be the same regardless of the Mr. HELMS. Mr. President, it would parachute repair and maintenance aircraft flown and any other mod- be helpful if I can discuss, for the work, as well as the cargo repacking ef- ernization upgrades would also be fig- Record, with the distinguished chair- forts. Can the Senator give me that as- ured into any new aircraft purchase. man of the Defense Appropriations surance? So, how does the T–39N stack up to Subcommittee, a matter of importance Mr. STEVENS. Yes, nothing in this the Navy’s mission requirements? concerning the readiness of the Air- bill will prevent the Army from using First, the men and women who fly it, borne units of my State. funds in the operations and mainte- love it. The aircraft possesses the speed Mr. STEVENS. I will be delighted to nance account. These funds are not and range they desire and the swept discuss this matter with my colleague earmarked because the committee wing design makes it much more from North Carolina. frowns upon earmarking this account. adaptable to the harsh conditions of Mr. HELMS. I thank the able Sen- However, I will bring this issue to my low level flight required in their train- ator. At the outset, let me state I am House colleagues during conference to ing. Straight wing aircraft experience a proud that my State is home to several gain their support for this initiative. much rougher ride at low level and important military installations and Mr. HELMS. I thank the distin- may have lower mission completion thousands of fine members of the guished chairman for his support. I rates. Armed Forces of our Nation. North will, of course, work with him as he

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7945 considers this issue with Members of and Senate go to conference on the De- The PRESIDING OFFICER. The Sen- the House. fense Appropriations bill. ator from Illinois is recognized. RAID FUNDING AMENDMENT NO. 4591 AMENDMENT NO. 4852 Mr. JEFFORDS. Mr. President, I Mr. STEVENS. Mr. President, I now (Purpose: To improve the National Security would like to bring to your attention move to table the amendment of the Education Program) two items in this bill that relate to the Senator from Illinois, the pending Mr. SIMON. Mr. President, I send an Reconnaissance and Interdiction De- amendment, and state, again, that the amendment to the desk and ask for its tachment, RAID, funding that fall Senator from Hawaii and I have op- immediate consideration. within the budget of the Drug Interdic- posed this amendment at the request of The PRESIDING OFFICER. The tion and Counterdrug Activities of the the Department of Defense, the defense clerk will report. Department of Defense, DOD. industrial base and on our own behalf The assistant legislative clerk read Vermont, as a border State, is in a based on our analysis of this amend- as follows: very strategic position in the country’s ment. The Senator from Illinois [Mr. SIMON] pro- efforts to combat drugs. Since 1991 the I ask for the yeas and nays. poses an amendment numbered 4852. Vermont State Police have been suc- The PRESIDING OFFICER. Is there a Mr. SIMON. Mr. President, I ask cessfully working with the Army Na- sufficient second? unanimous consent that reading of the tional Guard for the interdiction and There is a sufficient second. amendment be dispensed with. eradication during the comparatively The yeas and nays were ordered. The PRESIDING OFFICER. Without short but very productive marijuana The PRESIDING OFFICER (Mr. objection, it is so ordered. growing season. The efforts of the CAMPBELL). The question is on agreeing The amendment is as follows: Vermont Army National Guard have to the motion to lay on the table the On page 88, between lines 7 and 8, insert contributed to the eradication of ap- Simon amendment No. 4591. The yeas the following: SEC. 8099. (a) REPEAL OF TEMPORARY RE- proximately 70–80 percent of all con- and nays have been ordered. The clerk QUIREMENT RELATING TO EMPLOYMENT.—Title fiscated marijuana reported by the will call the roll. VII of the Department of Defense Appropria- Vermont State Police. The bill clerk called the roll. tions Act, 1996 (Public Law 104–61; 109 Stat. Thanks to the cooperation of my col- Mr. NICKLES. I announce that the 650), is amended under the heading ‘‘NA- league from Alaska, this bill will help Senator from Vermont [Mr. JEFFORDS] TIONAL SECURITY EDUCATION TRUST FUND’’ by Vermont’s law enforcement commu- is necessarily absent. striking out the proviso. nity continue its successful Mr. FORD. I announce that the Sen- (b) GENERAL PROGRAM REQUIREMENTS.— Subsection (a)(1) of section 802 of the David counterdrug and interdiction efforts. I ator from Louisiana [Mr. JOHNSTON] is L. Boren National Security Education Act of appreciate the Senator’s concurrence necessarily absent. with me and other Senators who be- 1991 (title VIII of Public Law 102–183; 50 The result was announced—yeas 69, U.S.C. 1902) is amended— lieve the National Guard has made im- nays 29, as follows: (1) by striking out subparagraph (A) and portant and valuable contributions to [Rollcall Vote No. 194 Leg.] inserting in lieu thereof the following new the Nation’s counterdrug efforts. Mr. YEAS—69 subparagraph (A): President, this issue has bipartisan ‘‘(A) awarding scholarships to under- Abraham Feinstein Lieberman graduate students who— support. Both sides recognize the Na- Ashcroft Ford Lott tional Guard’s efforts to interdict and Bennett Frahm Lugar ‘‘(i) are United States citizens in order to eradicate illegal drugs deserve suffi- Bingaman Frist Mack enable such students to study, for at least cient funding and have wisely indicated Bond Glenn McCain one academic semester or equivalent term, Bradley Gorton McConnell in foreign countries that are critical coun- this in their bill. Language in the com- Breaux Graham Moynihan tries (as determined under section mittee report states that the DOD Brown Gramm Murkowski 803(d)(4)(A) of this title) in those languages should ensure the RAID program is Bryan Grams Nickles and study areas where deficiencies exist (as Burns Grassley Nunn fully funded and supported. Campbell Gregg Pressler identified in the assessments undertaken More specific to Vermont’s needs, the Chafee Hatch Reid pursuant to section 806(d) of this title); and committee included my request for Coats Hatfield Robb ‘‘(ii) pursuant to subsection (b)(2)(A) of $500,000 to assist in the implementation Cochran Heflin Roth this section, enter into an agreement to Cohen Helms Santorum of a more focused RAID program. work for, and make their language skills Coverdell Hutchison Shelby available to, an agency or office of the Fed- These funds will directly benefit Craig Inhofe Simpson eral Government or work in the field of high- Vermont’s RAID program by making D’Amato Inouye Smith DeWine Kassebaum Stevens er education in the area of study for which available two OH–58 helicopters, as Dodd Kempthorne Thomas the scholarship was awarded;’’; and well as the necessary personnel and Domenici Kerrey Thompson (2) in subparagraph (B)— infra-red equipment to carry out the Exon Kyl Thurmond (A) in clause (i), by inserting ‘‘relating to mission. I greatly appreciate the chair- Faircloth Lautenberg Warner the national security interests of the United man’s cooperation and accommodation NAYS—29 States’’ after ‘‘international fields’’; and of my request. I also understand his (B) in clause (ii)— Akaka Harkin Pell (i) by striking out ‘‘subsection (b)(2)’’ and feeling that the allocation of these Baucus Hollings Pryor inserting in lieu thereof ‘‘subsection funds should be postponed until the Biden Kennedy Rockefeller Boxer Kerry (b)(2)(B)’’; and present National Guard Review of the Sarbanes Bumpers Kohl Simon (ii) by striking out ‘‘work for an agency or State Governors’ programs is com- Byrd Leahy Snowe office of the Federal Government or in’’ and pleted. As it appears the review is very Conrad Levin Specter inserting in lieu thereof ‘‘work for, and make Daschle Mikulski Wellstone their language skills available to, an agency close to completion, there should be Dorgan Moseley-Braun Wyden or office of the Federal Government or work little delay once the appropriations bill Feingold Murray is enacted. in’’. Mr. President, I am pleased that my NOT VOTING—2 (c) SERVICE AGREEMENT.—Subsection (b) of Jeffords Johnston that section is amended— colleague from Alaska has joined me in (1) in the matter preceding paragraph (1), a discussion of this important matter The motion to lay on the table the by striking out ‘‘, or of scholarships’’ and all on the floor of the Senate, and I com- amendment (No. 4591) was agreed to. that follows through ‘‘12 months or more,’’ mend him for including these impor- Mr. STEVENS. Mr. President, I move and inserting in lieu thereof ‘‘or any scholar- tant items in the bill before us. to reconsider the vote. ship’’. Mr. STEVENS. Mr. President, I was Mr. INOUYE. I move to lay that mo- (2) by striking out paragraph (2) and in- very pleased to accommodate my col- tion on the table. serting in lieu thereof the following new league’s request on RAID. I agree with The motion to lay on the table was paragraph (2): my colleague from Vermont on the im- agreed to. ‘‘(2) will— ‘‘(A) not later than eight years after such portance of providing adequate funding The PRESIDING OFFICER. The bill recipient’s completion of the study for which for the National Guard Governors’ is open to further amendment. scholarship assistance was provided under State Counterdrug Plans and will keep Several Senators addressed the the program, and in accordance with regula- his request in mind when the House Chair. tions issued by the Secretary—

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7946 CONGRESSIONAL RECORD — SENATE July 17, 1996 ‘‘(i) work in an agency or office of the Fed- tions’’ and inserting in lieu thereof ‘‘After Any college or university that receives fed- eral Government having national security taking into account the annual analyses of eral funding under this bill must report an- responsibilities (as determined by the Sec- trends in language, international, and area nually to the Office of Management and retary in consultation with the National Se- studies under section 806(b)(1), make rec- Budget on the average cost of tuition at curity Education Board) and make available ommendations’’; their school for that year and the previous such recipient’s foreign language skills to an (B) in subparagraph (A), by inserting ‘‘and two years. agency or office of the Federal Government countries which are of importance to the na- Mr. INOUYE. Mr. President, this is a approved by the Secretary (in consultation tional security interests of the United with the Board), upon the request of the States’’ after ‘‘are studying’’; and simple amendment. It says, ‘‘Any col- agency or office, for a period specified by the (C) in subparagraph (B), by inserting ‘‘re- lege or university that receives Federal Secretary, which period shall be no longer lating to the national security interests of funding under this bill must report an- than the period for which scholarship assist- the United States’’ after ‘‘of this title’’; nually to the Office of Management ance was provided; or (3) by redesignating paragraph (5) as para- and Budget * * *’’ ‘‘(ii) if the recipient demonstrates to the graph (7); and This matter has been cleared by both Secretary (in accordance with such regula- (4) by inserting after paragraph (4) the fol- sides. tions) that no position in an agency or office lowing new paragraphs: of the Federal Government having national ‘‘(5) Encourage applications for fellowships Mr. STEVENS. Mr. President, we security responsibilities is available, work in under this title from graduate students hav- have cleared that amendment. the field of higher education in a discipline ing an educational background in disciplines The PRESIDING OFFICER. The relating to the foreign country, foreign lan- relating to science or technology. question is on agreeing to the amend- guage, area study, or international field of ‘‘(6) Provide the Secretary on an on-going ment. study for which the scholarship was awarded, basis with a list of scholarship recipients and The amendment (No. 4568) was agreed for a period specified by the Secretary, which fellowship recipients who are available to to. period shall be determined in accordance work for, or make their language skills with clause (i); or available to, an agency or office of the Fed- Mr. INOUYE. Mr. President, I move ‘‘(B) upon completion of such recipient’s eral Government having national security to reconsider the vote. education under the program, and in accord- responsibilities.’’. Mr. STEVENS. I move to lay that ance with such regulations— (f) REPORT ON PROGRAM.—(1) Not later than motion on the table. ‘‘(i) work in an agency or office of the Fed- six months after the date of the enactment The motion to lay on the table was eral Government having national security of this Act, the Secretary of Defense shall agreed to. responsibilities (as so determined) and make submit to Congress a report assessing the available such recipient’s foreign language improvements to the program established The PRESIDING OFFICER. The bill skills to an agency or office of the Federal under the David L. Boren National Security is open to further amendment. Government approved by the Secretary (in Education Act of 1991 (title VIII of Public Mr. MCCAIN addressed the Chair. consultation with the Board), upon the re- Law 102–183; 50 U.S.C. 1901 et seq.) that result The PRESIDING OFFICER. The Sen- quest of the agency or office, for a period from the amendments made by this section. ator from Arizona is recognized. specified by the Secretary, which period (2) The report shall also include an assess- PRIVILEGE OF THE FLOOR shall be not less than one and not more than ment of the contribution of the program, as three times the period for which the fellow- so improved, in meeting the national secu- Mr. MCCAIN. Mr. President, I ask ship assistance was provided; or rity objectives of the United States. unanimous consent that a fellow in our ‘‘(ii) if the recipient demonstrates to the Mr. SIMON. Mr. President, this cor- office, Craig Williams, be granted the Secretary (in accordance with such regula- rects an error made in the National Se- privilege of the floor during the discus- tions) that no position in an agency or office curity Education Program legislation sion of S. 1894. of the Federal Government having national The PRESIDING OFFICER. Without security responsibilities is available upon and is supported by the Defense De- the completion of the degree, work in the partment. It is agreed to on both sides. objection, it is so ordered. field of higher education in a discipline re- Mr. INOUYE. Mr. President, both AMENDMENT NO. 4440 lating to the foreign country, foreign lan- managers approve of the amendment. (Purpose: To require an audit and report of guage, area study, or international field of Mr. STEVENS. Mr. President, this security measures at all United States study for which the fellowship was awarded, amendment clarifies the eligibility for military installations outside the United for a period specified by the Secretary, which security education funds, as I under- States) period shall be established in accordance stand it, and it has been modified to with clause (i); and’’. Mr. MCCAIN. Mr. President, I send an (d) EVALUATION OF PROGRESS IN LANGUAGE meet our request. amendment to the desk and ask for its SKILLS.—Such section 802 is further amended The PRESIDING OFFICER. If there immediate consideration. by— is no further debate, the question is on The PRESIDING OFFICER. The (1) redesignating subsections (c), (d), and agreeing to the amendment. clerk will report. (e) as subsections (d), (e), and (f), respec- The amendment (No. 4852) was agreed The assistant legislative clerk read tively; and to. as follows: (2) by inserting after subsection (b) the fol- Mr. SIMON. Mr. President, I move to The Senator from Arizona [Mr. MCCAIN], lowing new subsection (c): reconsider the vote. ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE for himself, Ms. MOSELEY-BRAUN, Mr. MUR- SKILLS.—The Secretary shall, through the Mr. INOUYE. I move to lay that mo- KOWSKI, Mr. WARNER, Mr. COATS, Mr. INHOFE, National Security Education Program office, tion on the table. Mr. KERREY of Nebraska, Mr. LUGAR, Mr. administer a test of the foreign language The motion to lay on the table was SMITH, Mr. HELMS, Mr. D’AMATO, and Mr. skills of each recipient of a scholarship or agreed to. COVERDELL, proposes an amendment num- fellowship under this title before the com- AMENDMENT NO. 4568 bered 4440. mencement of the study or education for which the scholarship or fellowship is award- Mr. INOUYE. Mr. President, I send an Mr. MCCAIN. Mr. President, I ask ed and after the completion of such study or amendment to the desk on behalf of unanimous consent that reading of the education. The purpose of the tests is to Senator MOSELEY-BRAUN and ask for amendment be dispensed with. evaluate the progress made by recipients of its immediate consideration. The PRESIDING OFFICER. Without scholarships and fellowships in developing The PRESIDING OFFICER. The objection, it is so ordered. foreign language skills as a result of assist- clerk will report. The amendment is as follows: ance under this title.’’. The bill clerk read as follows: (e) FUNCTIONS OF THE NATIONAL SECURITY On page 88, between lines 7 and 8, insert EDUCATION BOARD.—Section 803(d) of that The Senator from Hawaii [Mr. INOUYE], for the following: Act (50 U.S.C. 1903(d)) is amended— Ms. MOSELEY-BRAUN, proposes an amend- SEC. 8099. (a) The Secretary of Defense and (1) in paragraph (1), by inserting ‘‘, includ- ment numbered 4568. the Secretary of State shall jointly conduct ing an order of priority in such awards that Mr. INOUYE. Mr. President, I ask an audit of security measures at all United favors individuals expressing an interest in unanimous consent that reading of the States military installations outside the national security issues or pursuing a career amendment be dispensed with. United States to determine the adequacy of in an agency or office of the Federal Govern- such measures to prevent or limit the effects ment having national security responsibil- The PRESIDING OFFICER. Without of terrorist attacks on United States mili- ities’’ before the period; objection, it is so ordered. tary personnel. (2) in paragraph (4)— The amendment is as follows: (b) Not later than March 31, 1997, the Sec- (A) in the matter preceding subparagraph At the appropriate place, insert the fol- retary of Defense and the Secretary of State (A), by striking out ‘‘Make recommenda- lowing: shall jointly submit to Congress a report on

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7947 the results of the audit conducted under sub- difficult threat to predict, as well as place 2 weeks ago on June 25. The ter- section (a), including a description of the prevent. rorist attack in Dhahran in Saudi Ara- adequacy of— Prior to the tragedy of June 25, bia, which killed 19 brave young Ameri- (1) physical and operational security meas- measures to protect our forces from ures; cans, is well known to all of us. But it (2) access and perimeter control; terrorist attacks were clearly inad- is important for us to, again, reaffirm (3) communications security; equate. The President waged war our responsibility to ensure that we (4) crisis planning in the event of a ter- against terrorism by means of a sum- have made every effort to prevent this rorist attack, including evacuation and med- mit meeting in a resort town in Egypt tragedy from occurring again. ical planning; where there were 240 minutes of open- Mr. President, this amendment calls (5) special security considerations at non- ing statements, 40 minutes of discus- permanent facilities; for the audit of security measures at (6) potential solutions to inadequate secu- sion, and a photo opportunity. all U.S. military installations overseas. rity, where identified; and The summit produced a lot of sym- I am aware that the Secretary of De- (7) cooperative security measures with bolism, but little in the way of con- fense and the Secretary of State have host nations. crete recommendations to combat ter- made efforts in this direction. Mr. MCCAIN. Mr. President, I ask rorism. Syria—identified by the State I believe Congress needs to be more unanimous consent to add as cospon- Department as one of the world’s lead- involved in knowing the results of sors to the bill Senators MOSELEY- ing sponsors of terrorism—did not at- those audits, and, very frankly, the BRAUN, MURKOWSKI, WARNER, COATS, tend the meeting. The participants American people need to know it as INHOFE, KERREY of Nebraska, LUGAR, couldn’t even agree to specifically con- well. SMITH, HELMS, D’AMATO and COVER- demn Iran for aiding and abetting ter- Mr. President, at this point I ask DELL. rorist groups. The only result of the unanimous consent to have printed in The PRESIDING OFFICER. Without summit was a lofty joint statement by the RECORD a letter from the Military objection, it is so ordered. President Clinton and Egyptian Presi- Coalition supporting this amendment. Mr. MCCAIN. Mr. President, I am dent Mubarek, condemning terrorism There being no objection, the letter going to have a total of four amend- and promising future cooperation and was ordered to be printed in the ments. I believe that three of them will consultation on ways to halt these ter- Record, as follows: be acceptable to the managers of the rorist attacks. And, now, little more than 3 months THE MILITARY COALITION, bill. The fourth one, I understand, will Alexandria, VA, July 10, 1996. after the summit in Egypt, and after require a vote. On the fourth one, I Hon. JOHN MCCAIN, would be more than happy to enter another couple of international get- U.S. Senate, into a time agreement of 20 minutes on togethers to talk tough on terrorism, Washington, DC. each side. When I get to it, perhaps we 19 more Americans have been killed by DEAR SENATOR MCCAIN: The Military Coa- can get the managers’ agreement at a terrorist bomb. lition, a consortium of military and veteran Now is the time to act. We must stop organizations representing more than five that time. all of this talking and act on what we million current and former members of the Mr. President, just over 2 weeks ago, say we must accomplish. This amend- uniformed services, supports your efforts to 19 young men and women of the U.S. ment is designed to protect our troops ensure the safety of our military men and military were killed in a brutal ter- who continue to make the sacrifices on women serving overseas. Providing the best rorist attack on a housing complex in possible security and assuring those meas- a daily basis. I believe this measure de- Dhahran, Saudi Arabia. There is noth- ures are never compromised should be, and serves our careful and full review, and ing we can do to bring these men and always remain, a top priority. I hope that you will all support me on women back to life, but it is our re- The recent terrorist attack in Dhahran this very important issue. that claimed the lives of 19 American service sponsibility to make every effort to en- Just today I received a letter from members emphasizes the need for Congress sure this tragedy does not occur again. the Military Coalition offering strong and the Department of Defense to address Today, I am introducing an amend- support for this amendment. They stat- the adequacy of protective measures afforded ment that requires the Secretary of ed: our troops serving outside the country. Ques- Defense and Secretary of State to tions raised about the security of U.S. for- Our soldiers, sailors, airmen, and marines eign military installations further indicates jointly conduct an audit of security at deserve the best we can provide and it is our the need to audit and assess current safety all U.S. military installations overseas. continuing responsibility to provide for their and security standards practiced at U.S. Currently there are eight cosponsors safety and well being. This legislation re- overseas facilities. including Senators MOSELEY-BRAUN, mains consistent with that objective. The Military Coalition is pleased to offer MURKOWSKI, WARNER, COATS, INHOFE, As I stated previously, it is our re- its strong support for your legislative initia- KERREY of Nebraska, LUGAR, and sponsibility to provide for our men and tive to protect American service members. SMITH. women stationed across the globe. It is Our soldiers, sailors, airmen, and marines de- Specifically, the audit will focus on our responsibility because we, the Con- serve the best we can provide and it is our the adequacy of security measures cur- gress, are accountable to not just those continuing responsibility to provide for their rently in place to prevent or limit the men and women serving in the mili- safety and well being. This legislation re- effects of terrorist attacks on U.S. tary, but to their families and the mains consistent with that objective. military personnel. The Secretaries Sincerely, American people. The Military Coalition: would be required to report to Congress Mr. President, the pending amend- Air Force Association. an assessment of the adequacy of exist- ment, No. 4440, is a requirement that Assn. of Military Surgeons of the United ing security measures at our perma- the Secretary of Defense and Secretary States. nent bases overseas, including both of State jointly conduct an audit of se- Commissioned Officers Assn. of the U.S. physical and operational security curity measures at all U.S. military in- Public Health Service, Inc. measures, and any recommended reme- stallations overseas. It requires a re- CWO & WO Assn. U.S. Coast Guard. dial action where necessary. port to Congress on March 31, 1997. Enlisted Association of the National Guard The report would also provide infor- The specific requirements of the of the United States. Fleet Reserve Assn. mation regarding cooperative security audit include adequacy of physical and Jewish War Veterans of the USA. measures with host nations. Finally, operational security measures; access Marine Corps League. the report would provide an assessment and perimeter control; crisis planning Marine Corps Reserve Officers Assn. of the special security considerations in the event of a terrorist attack, in- National Military Family Assn. at temporary basing locations, like the cluding evacuation and medical plan- National Order of Battlefield Commissions. Khobar Towers complex, and possible ning; special security considerations at Naval Enlisted Reserve Assn. solutions to these unique problems. nonpermanent facilities; potential so- Navy League of the United States. In these times of peace in this post- Reserve Officers Assn. lutions to inadequate security, where The Military Chaplains Assn. of the USA. cold-war world, the No. 1 threat to our identified; and cooperative security The Retired Enlisted Assn. servicemembers, in addition to the nor- measures with host nations. The Retired Officers Assn. mal hazards and risks associated with Mr. President, there is no sense in re- USCG Chief Petty Officers Assn. the job, is terrorism. This is the most hashing the tragic events that took U.S. Army Warrant Officers Assn.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7948 CONGRESSIONAL RECORD — SENATE July 17, 1996 Veterans of Foreign Wars of the United program element for the Office of the Sec- ment of a separate OSD program of $7– States. retary of Defense for the purpose of funding $14 million annually as a contingency Mr. MCCAIN. Mr. President, as I stat- emergency anti-terrorism activities. Funds account to be available for available for that program element for fiscal ed previously, it is our responsibility year 1997 shall be in addition to funds appro- antiterrorism requirements. These to provide for the men and women sta- priated under other provisions of this Act for funds would be used to ensure adequate tioned overseas the maximum amount anti-terrorism and are available for the Sec- funding for intelligence support, phys- of security that we can provide. We ask retary of Defense to respond quickly to ical security measures, education, them to embark on very difficult and emergency anti-terrorism requirements that training, and any other additional sometimes dangerous missions, and ob- are identified by commanders of the unified measures the Secretary determines are viously our obligation to them in re- combatant commands or commanders of necessary. joint task forces in response to a change in Mr. President, if we cannot afford to turn for that service and sacrifice is terrorist threat level. that we provide them with the max- provide adequate protection for our Mr. MCCAIN. Mr. President, this imum amount of security possible. men and women serving overseas, then amendment is a natural follow-on to Again, Mr. President, I do not think we should not put them in those areas the previous amendment. It provides it is either necessary or particularly with high threats of terrorism. We $14 million to the Department of De- must give them every means available appropriate at this time for me to go fense specifically for antiterrorism through the entire tragedy that took to prevent, protect, and defend against measures. terrorist attacks. It is our responsi- place a few weeks ago. Suffice it to say, Mr. President, the threat of ter- bility. this and the next amendment I will be rorism to Americans living overseas proposing are very modest steps in try- This amendment is designed to pro- has never been greater. In particular, vide additional funds for the Depart- ing to ensure the goal that all of us our men and women serving in the ment of Defense to protect our troops. seek, and that is that there never is armed forces are at great risk as they I believe this measure deserves our repetition of such a tragedy. are targeted by various terrorist orga- careful and full review, and I hope that Mr. President, I yield the floor and nizations and activities. This continues you will all support me on this very urge adoption of the amendment. to be a reality our troops must face important issue. Mr. STEVENS. Mr. President, we when we send them to lands far away concur in this amendment. I note the presence of Senator LEVIN, from our great Nation. This was never who is an original cosponsor of this The PRESIDING OFFICER. Is there more evident than the brutal attack in amendment, in the Chamber. further debate on the amendment? If Dhahran, Saudi Arabia just over 2 not, the question is on agreeing to the I yield the floor. weeks ago when 19 young men and The PRESIDING OFFICER. Is there amendment. women were tragically killed when a further debate on the MCCAIN amend- The amendment (No. 4440) was agreed truck loaded with explosives detonated ment? to. within 100 feet of their housing com- Mr. LEVIN addressed the Chair. Mr. McCAIN. Mr. President, I move plex. The PRESIDING OFFICER. The Sen- to reconsider the vote. Today I am introducing an amend- ator from Michigan, Mr. LEVIN, is rec- Mr. STEVENS. I move to lay that ment that will provide $14 million in ognized. motion on the table. additional funding to the Department Mr. LEVIN. Mr. President, I am a co- The motion to lay on the table was of Defense for antiterrorism measures. sponsor of this amendment, and I want agreed to. These funds will be specifically used to just ask my friend from Arizona as AMENDMENT NO. 4444, AS MODIFIED for intelligence support, physical secu- to the modification. I have not had a (Purpose: To provide $14,000,000 for anti-ter- rity measures, education, training, and chance to review it. Is this modifica- rorism activities of the Department of De- any other additional measures the Sec- tion that was sent to the desk the lan- fense) retary of Defense determines are nec- guage which I had suggested to him Mr. McCAIN. Mr. President, I call up essary. might be an improvement in terms of amendment No. 4444 and send a modi- A report recently conducted by the the nature of the funds and how the fication to the desk. Department of Defense noted that funds would operate? I have not had a The PRESIDING OFFICER. The antiterrorism funding is not specifi- chance to review the language which clerk will report the amendment. cally identified in many instances was actually sent to the desk. Is this The bill clerk read as follows: since it is a part of a larger effort, pri- the language which I spoke to his staff The Senator from Arizona [Mr. MCCAIN], marily in physical security programs. about? for himself and Mr. LEVIN, proposes an There was an 82-percent—$8.7 million— Mr. McCAIN. It is. amendment numbered 4444, as modified. reduction in Air Force funding, 55 per- Mr. LEVIN. Mr. President, I very Mr. McCAIN. Mr. President, I ask cent—$43.4 million—in Army funding, much support this amendment. We are unanimous consent that reading of the and 62 percent—$4.5 million—in Navy too often fighting in our appropriations amendment be dispensed with. funding. and the add-ons to the appropriations The PRESIDING OFFICER. Without On Tuesday, the Secretary of Defense the battles of the cold war instead of objection, it is so ordered. and Chairman of the Joint Chiefs of the future battles which we are all The amendment is as follows: Staff appeared before the SASC and going to face in the area of terrorism. On page 34, between lines 19 and 20, insert testified in both open and closed ses- Many of us had an opportunity to meet the following: sions that the Department of Defense with the Secretary of Defense and the ANTI-TERRORISM ACTIVITIES, DEFENSE lacked sufficient funds for Chairman of the Joint Chiefs this (INCLUDING TRANSFER OF FUNDS) antiterrorism measures as a result of morning, and the efforts which are For anti-terrorism activities of the Depart- poor decisions by this administration being made in the fight against ter- ment of Defense, $14,000,000, subject to au- to cut funds in this area. During this rorism, particularly in the Middle thorization for transfer to appropriations hearing Secretary Perry confirmed, ‘‘I East, were outlined in some detail to available to the Department of Defense for think that was a bad cut. I have di- us. It is also becoming more and more operation and maintenance, for procure- rected the services to increase the ment, and for research, development, test, clear that too much of our defense dol- funding in antiterrorism.’’ Addition- lar is being spent on refighting battles and evaluation: Provided, That the funds ap- ally, General Shalikashvili stated, propriated under this heading shall be avail- which are no longer looming before us able for obligation for the same period and The antiterrorism study identified two and on buying equipment and investing for the same purposes as the appropriation issues pertaining to funding of antiterrorism in equipment which is no longer as rel- to which transferred: Provided further, That things. One, that the services increased their funding and secondly, . . . that we create a evant as it once was, adding on things the transfer authority provided under this which may or may not have been useful heading is in addition to any other transfer program line under the Secretary of Defense with which he can fund high priority 5 years ago but which are not now as authority contained in this Act. On page 88, between lines 7 and 8, insert antiterrorism programs that need to be fund- much needed as are new weapons in the the following: ed. war against terrorism, which is going SEC. 8099. Beginning with fiscal year 1997, As a result of this review, the Sec- to be a growing battle. The new cold the Secretary of Defense shall establish a retary has recommended the establish- war is the war against terrorism.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7949 There was a request of the Secretary There being no objection, the letter should be further increased and, indeed, ap- of Defense for an analysis of how many was ordered to be printed in the proximately 130 distinct security enhance- dollars are being invested in the war RECORD, as follows: ments were being implemented at Khobar Towers. against terrorism, and we got a letter OFFICE OF THE ASSISTANT The second remaining issue deals with the back addressed to Senator NUNN from SECRETARY OF DEFENSE, level of funding within the Pentagon budget the Assistant Secretary of Defense, Washington, DC, July 16, 1996. for anti-terrorism activities. Unfortunately, Hon. SAM NUNN, Sandra Stuart, outlining some of the there is a misperception about the amount of Ranking member, Senate Committee on Armed antiterrorist activities. I want to just money the Department spends. This Services, U.S. Senate, Washington, DC. quote two paragraphs from that letter misperception resulted from a review of one dated July 16, and then I will ask unan- DEAR SENATOR NUNN: The Secretary is looking forward to having breakfast with document, a JCS report which dealt with imous consent that the entire letter be you and your colleagues to discuss the tragic only a fraction of the total DoD funding printed in the RECORD. terrorist bombing in Dhahran, Saudi Arabia, which supports anti-terrorist activities. A The first paragraph I want to quote is and also to have an opportunity to talk portion of the report described some program the following: about the broader issue of terrorism and the funding reductions, which resulted from per- Anti-terrorism activities deal with tradi- consequences in the Persian Gulf. Force pro- sonnel reductions, domestic base closings, tional defensive measures such as barriers, tection is the number one priority of Sec- completed construction projects or program fences, detection devices and Defense per- retary Perry and General Shalikashvili. This completions, but those items were just a sonnel who have as part of their mission pro- is a responsibility that they take very seri- minor portion of the overall DoD expendi- tecting DOD personnel and facilities against ously and is central to every deployment de- tures on anti-terrorism. There are two cat- the threat of terrorism. The Defense Depart- cision they approve. egories normally associated with Defense ac- ment spends nearly $2 billion annually on Prior to the breakfast, I wanted to men- tivities to combat terrorism: anti-terrorism such anti-terrorism activity overall. Tradi- tion a few issues which have been reported in and counter-terrorism. tionally we have not budgeted anti-terrorism the press and which we feel need some clari- Anti-terrorism activities deal with tradi- activities in a single program because force fication. tional defensive measures such as barriers, protection is part of each individual com- As you know, shortly after the bombing, fences, detection devices and Defense per- mander’s responsibility and is therefore Secretary Perry appointed retired General sonnel who have as part of their mission pro- budgeted by every installation in, for exam- Wayne Downing to conduct a thorough in- tecting DoD personnel and facilities against ple, their operation and maintenance ac- vestigation of the security situation in the threat of terrorism. The Defense Depart- counts. Dhahran, Riyadh and the balance of the U.S. ment spends nearly $2 billion annually on The second paragraph from this let- Central Command facilities in the AOR. Gen- such anti-terrorism activity overall. Tradi- ter that I will quote is the following: eral Downing’s charter empowers him to tionally we have not budgeted anti-terrorism In the area of counter-terrorism, DOD has make findings and conclusions about perti- activities in a single program because force many programs and activities which are nent acts or omissions on the part of individ- protection is part of each individual com- more often associated with proactive activi- uals. In the event General Downing makes mander’s responsibility and is therefore ties undertaken to neutralize the terrorist such findings and conclusions, they will be budgeted by every installation in, for exam- threat or respond to terrorist acts. All com- transmitted to the cognizant supervising of- ple, their operation and maintenance ac- batant forces in Defense potentially have as ficials for action. General Downing has as- counts. part of their mission a counter-terrorism sembled a qualified team who have already In the area of counter-terrorism, DoD has function; however, these activities are more begun this review and will depart for many programs and activities which are commonly associated with special operations Dhahran to continue his investigation by more often associated with proactive activi- forces, which have annual budgets in excess mid-week. ties undertaken to neutralize the terrorist of $3 billion. That amount is in addition to The Secretary has further directed General threat or respond to terrorist acts. All com- the considerable sum spent from our intel- Downing to assess immediately the situation batant forces in Defense potentially have as ligence portion of the budget to counter ter- regarding moving the perimeter fence. There part of their mission a counter-terrorism rorism. has been a good bit of speculation as to who function; however, these activities are more Mr. President, the letter does point spoke with the Saudis about moving this commonly associated with special operations fence, what their reply was and whether this out something which our amendment is forces, which have annual budgets in excess information was passed up the chain of com- of $3 billion. That amount is in addition to aimed at correcting, and that is that a mand. Once General Downing reports his the considerable sums spent from our intel- report which has been given some no- findings to Secretary Perry, we will inform ligence portion of the budget to counter ter- tice faulted DOD procedures relative to you of the details. rorism. the funding of unanticipated contin- There are two other matters which we be- The JCS report was commissioned by Sec- gencies. And the Secretary has directed lieve need to be clarified. retary Perry and CJCS Shalikashvili fol- corrective action in this area, accord- The first involves the June 17 DIA Military lowing the Riyadh bombing. Its purpose was ing to Assistant Secretary of Defense Intelligence Digest (MID) that has been re- to identify and assess all of the anti-ter- Stuart. ferred to in the press as an ‘‘alert’’. The MID rorism programs, actions and preparedness So I commend the Senator from Ari- is a daily publication that covers a wide of the DoD and possible areas for additional array of topics of interest to policy makers, zona for the amendment, which I co- action. The report did fault DoD procedures force planners, and operational forces. Addi- for funding unanticipated contingencies, and sponsored, because it does address this tionally, the MID is delivered, also daily, to question of a fund for unanticipated the Secretary directed corrective action in the Senate Armed Services Committee, the this area. It is unfortunate that a minuscule contingencies which I think we have to House National Security Committee, and the portion of the JCS review is now being used focus on more and more. We can spend two Intelligence committees. While the MID to draw wider, and inappropriate, conclu- the $3 billion which is referred to in is a classified document, there are several sions in light of the Dhahran bombing. points that can be made for the record con- terms of counterterrorism efforts and I hope this information is helpful. Sec- cerning this particular article. the $2 billion annually which is re- retary Perry looks forward to seeing you Contrary to press reporting, the MID arti- ferred to on antiterrorism activities soon and discussing the issues of Saudi Ara- cle on June 17 was not an ‘‘alert’’. Rather it which are described, but we still have a bia and terrorism in the Persian Gulf area. was a compilation of previously reported se- Sincerely, need for funding unanticipated contin- curity incidents that had occurred in the SANDRA K. STUART, gencies in the fight against terrorism. Khobar Towers area over the past several Assistant Secretary of Defense This amendment is just a beginning months. The value of this particular article (Legislative Affairs). in terms of funding that kind of a fund was that it provided intelligence confirma- for unanticipated contingencies in the tion that security had been increased outside The PRESIDING OFFICER. If there fight against terrorism. I am happy to the complex and that the threat was taken be no further debate, the question is on cosponsor this amendment. While it is seriously. agreeing to the amendment. just a small beginning in that unantici- There was no warning in the article of an impending terrorist incident. When such The amendment (No. 4444), as modi- pated contingencies effort, I hope we fied, was agreed to. will be able to supplement it later. But warnings exist, they are provided to Defense decision makers immediately and directly, Mr. MCCAIN. Mr. President, I move it is an important step, and I commend rather than through a publication like the to reconsider the vote. the Senator from Arizona. I am happy MID which goes through an extensive edi- Mr. LEVIN. I move to lay that mo- to cosponsor that amendment. torial review and follows a days-long publi- Mr. President, I ask unanimous con- cation timeline. The article did recommend tion on the table. sent the entire letter I referred to be that, due to the incidents that had occurred The motion to lay on the table was printed in the RECORD. over the past several months, security agreed to.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7950 CONGRESSIONAL RECORD — SENATE July 17, 1996 AMENDMENT NO. 4441 projects. The bill before the Senate of the Guard and Reserve, will perhaps (Purpose: To require the submittal to Con- today contains $759.8 million for feel compelled to better accommodate gress of the future-years defense programs unrequested equipment for the Guard these requirements in the Depart- prepared by the Chief of the National and Reserve. For the most part, the al- ment’s annual budget request. Second, Guard Bureau and the chiefs of the reserve location of this funding to meet the re- if Guard and Reserve programs are still components) quirements of the Guard and Reserve is underfunded, the Congress will be bet- Mr. MCCAIN. Mr. President, I send left to the appropriate officials in ter informed in making allocations of amendment No. 4441 to the desk and those organizations. any additional funds for equipment and ask for its immediate consideration. I Again this year, I applaud Senators construction projects. ask unanimous consent Senator GRAMS STEVENS and INOUYE for resisting the I believe this amendment is a posi- of Minnesota be added as a cosponsor of temptation to earmark these funds, un- tive step forward. I believe it will re- this amendment. like the Senate Armed Services Com- duce some of the add-ons that, frankly, The PRESIDING OFFICER. The mittee and the House defense commit- have more to do with location and ge- clerk will report. tees. I wish they had also left out the ography as opposed to national secu- The bill clerk read as follows: earmark for six additional C130–J air- rity needs. I believe this will give us a The Senator from Arizona [Mr. MCCAIN], craft, but, unfortunately, this bit of pe- much better blueprint to make the for himself and Mr. GRAMS, proposes an rennial pork is in the bill. very difficult decisions as to how we amendment numbered 4441. Mr. President, a few weeks ago I met spend the taxpayers’ hard-earned dol- Mr. MCCAIN. Mr. President, I ask with the Chief of the Guard Bureau, lars which are earmarked for defense. unanimous consent that reading of the representatives of the Reserve compo- I yield the floor. amendment be dispensed with. nents and officials from the Depart- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without ment of Defense responsible for over- further debate? The Senator from Alas- objection, it is so ordered. sight of the Guard and Reserve. In this ka. The amendment is as follows: meeting, we discussed the need to pro- Mr. STEVENS. Mr. President, as I On page 88, between lines 7 and 8, insert vide adequate funding for the Guard understand the amendment, it will re- the following: and Reserve components. We discussed quire the President to submit to Con- SEC. 8099. Section 221 of title 10, United States Code, is amended by adding at the end the perception that the Department of gress the request of the Chiefs of the the following: Defense does not include sufficient National Guard Bureau and respective ‘‘(d) The President shall submit to Con- funds in its budget requests for the Reserve components which was sub- gress each year, at the same time the Presi- Guard and Reserve, relying instead on mitted to the Secretary of Defense that dent submits to Congress the budget for that the Congress to add these funds each year, in order to assist the Secretary in year under section 1105(a) of title 31, the fu- year. preparing the defense program. ture-years defense program (including asso- Unfortunately, we do not come up I might say to the Senator from Ari- ciated annexes) that the Chief of the Na- with a clear way of dealing with this zona, there is not a similar provision tional Guard Bureau and the chiefs of the re- serve components submitted to the Sec- problem, leaving the Congress in a with regard to the Marines or the Air retary of Defense in that year in order to as- catch-22 situation. If we support a Force or the Army or the Navy. They sist the Secretary in preparing the future- strong national defense which requires all submit requests, really, to the years defense program in that year under the Guard and Reserve be appro- President through the Secretary of De- subsection (a).’’. priately equipped and trained for their fense. Effective Date. This section shall take ef- assigned missions, we have to add I do believe that the Senator from fect beginning with the President’s budget money for the Guard and Reserve. Arizona is right about his assertion submission for fiscal year 1999. Mr. President, I reiterate: The prob- that the Congress does respond to the Mr. McCAIN. Mr. President, this lem is that over the years, the Depart- requests of the National Guard Bureau amendment would require the Presi- ment of Defense is shortchanging the and the Reserve components in a dent to submit, with his annual budget Guard and Reserve in their budget re- unique way. I do believe they are closer request, the future years defense plans quest because they know—they know— to the people and they are closer to the of the National Guard and Reserve the Congress will add on the funding Members of Congress because, when we components. The Chiefs would prepare necessary to adequately equip the all go home we see our Reserve compo- their long-range spending plans, which Guard and Reserve in their military nents, we see the members of our Na- would then be forward to the Congress. construction projects. So we are in a tional Guard, and they tell us what For years, the Congress has added terrible situation where everybody they have asked of the National Guard billions of dollars to the defense budget knows. It is kind of a dirty little se- Bureau. When we come back, we in- for equipment and building projects for cret. The Department of Defense knows quire what is in the budget. We find it the Guard and Reserve components. we will add the money, so they do not is not there, so we seek it. He has a These add-ons are usually based on the request the money. And, therefore, the point there. But the same point might assertion that the Department of De- Guard gets the money. be valid as to the requests that the fense does not provide sufficient re- Mr. President, that is not any way to Chief of Naval Operations made to the sources for the Guard and Reserve in run a railroad, much less a defense ap- Secretary, or to the Chief of Staff of its annual budget requests and long- propriations process. the Air Force or the Army. term funding plans, and that is an as- This amendment would address this I do not argue with the Senator sertion that I cannot dispute. problem with respect to the Congress about his proposition. I am prepared to The problem, however, is the Con- by ensuring we have full information take the amendment to conference and gress does not now have the necessary on the long-range plans of the Guard see what the will of the House will be information to properly prioritize and Reserve components. Basically, we in that regard. I think we will probably among the requests of individual Mem- are saying the Guard and Reserve need work out something that will require bers of Congress for added funding for a future years defense plan just as the an annex to the report, to have all of the Guard and Reserve units in their active duty forces will as well. In this the requests of the various Chiefs be States and districts. As a result, we way, as we evaluate the Department’s provided to Congress. have earmarked billions of dollars for budget request for the Guard and Re- Let us explore that, if the Senator construction projects and procurement serve, we will also have before us infor- will, but I am happy to recommend we items based on their location, not their mation on the long-term requirements take it to the conference. priority and utility to the missions of of the Guard and Reserve. The PRESIDING OFFICER. The Sen- the Guard and Reserve. Mr. President, I think this amend- ator from Arizona. A few weeks ago, the Senate passed a ment will serve the best interests of Mr. MCCAIN. I appreciate the effort military construction appropriations the Guard and Reserve in two ways. on the part of the Senator from Alaska bill containing $700 million for First, the Department of Defense, to help solve this dilemma. I believe it unrequested projects, the majority of knowing that the Congress will have is a dilemma, as I stated before. The which were for guard and reserve full access to long-range requirements Department of Defense—and I must

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7951 place great responsibility on them— doing. But in response to the question No. 4441, the amendment offered by the know full well Congress is going to add from my friend from Michigan, I be- Senator from Arizona. this money on. So, therefore, they will lieve this is a complementary amend- The amendment (No. 4441) was agreed request funding for, perhaps, less pop- ment to that which the Senator from to. ular and certainly programs with less Michigan had added to the authoriza- Mr. McCAIN. Mr. President, I move constituent support, knowing full well tion bill. to reconsider the vote by which the the Congress is going to add on addi- Mr. LEVIN. Mr. President, I think it amendment was agreed to. tional money. That is what I am trying would be useful, assuming this amend- Mr. LEVIN. I move to lay that mo- to do. The Senator from Alaska obvi- ment is adopted, for the appropriators tion on the table. The motion to lay on the table was ously appreciates what I am trying to to harmonize this language with the agreed to. language that is in the authorization get at. Mr. STEVENS. Mr. President, on the Basically what I am asking for, in bill, to make sure we have precisely next amendment, I understand the Sen- some respects, is a future years defense the same requirement, whatever it ator from Arizona would like a time plan for the Guard and Reserve to try ends up being, assuming that it re- agreement. Will he state that again, to identify and prioritize their require- mains in the two bills following con- please? ments. ference. Mr. McCAIN. I am more than happy If there is a way I can work with the I also want to commend the Appro- to agree to any time agreement. I sug- Senator from Alaska and the other priations Committee, Senator STEVENS gest 20 minutes equally divided on the conferees and the Senator from Hawaii and Senator INOUYE, for following the amendment, if that is agreeable to the in trying to achieve this goal—I am not generic approach on this Guard and Re- Senator from Alaska, or any other saying this amendment is the best way, serve issue. They have taken the cor- time agreement that he chooses to but I think it is an issue that must be rect position in terms of giving the enter into. addressed, and I believe the amend- Guard and Reserve components the Mr. STEVENS. I am pleased to enter ment addresses it. greatest flexibility to do what is most into that agreement. That means this I, again, appreciate the under- needed by those components, rather amendment will be voted on at quarter standing of the dilemma on the part of than just some add-ons by Members of after 2. the Senator from Alaska. the Congress. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there This is an important issue. It has objection, it is so ordered. The vote further debate on the McCain amend- been raised with great frequency on will be taken at quarter after 2. ment? this floor. The Senate has generally The Senator from Arizona is recog- Mr. LEVIN addressed the Chair. taken the approach that we are going nized. The PRESIDING OFFICER. The Sen- to give them the greatest flexibility Mr. McCAIN. Mr. President, I ask for ator from Michigan is recognized. rather than doing the earmarking. the yeas and nays on the amendment. Mr. LEVIN. Mr. President, I com- I hope we prevail both in conference AMENDMENT NO. 4442 mend my friend from Arizona for this on the authorizing bill and on the ap- (Purpose: To limit the use of funds for pro- amendment. This is a subject which propriations bill. I join my friend from grams, projects, and activities not included has been discussed at some length in Arizona in thanking the Appropria- in the most recent future-years defense the Armed Services Committee. He has tions Committee for taking the posi- program) consistently fought for and has been on tion that they have and for accepting The PRESIDING OFFICER. The the side of trying to identify what the this amendment. clerk will report the amendment. priorities of the Guard and Reserve are The PRESIDING OFFICER. Is there The assistant legislative clerk read as follows: so that we could at least consider those further debate? priorities when it comes time to identi- Mr. STEVENS. Mr. President, I say The Senator from Arizona [Mr. MCCAIN] proposes an amendment numbered 4442. fying the items in the authorization to my friend from Michigan that our bill. As a matter of fact, he was very flexibility in this bill is hampered by Mr. McCAIN. Mr. President, I ask forthright in his support of that posi- the earmarking in the authorization unanimous consent that the reading of tion on the authorization bill. bill. I am not sure that we will survive the amendment be dispensed with. The PRESIDING OFFICER. Without We did adopt an amendment which I conference so long as the authorization offered, I believe, on the authorization objection, it is so ordered. bill insists on pinning down the limited The amendment is as follows: bill a few weeks ago. The question I amount of money. It will lead to de- On page 88, between lines 7 and 8, insert would like to ask of the Senator from mands from both the House and Senate the following: Arizona is this: Is the approach in this appropriators to challenge that. SEC. 8099. Notwithstanding any other pro- amendment either similar to or, at a I agree with the Senator from Ari- vision of law, no funds appropriated or other- minimum, consistent with the require- zona and the Senator from Michigan, wise made available by this Act may be obli- ment that we added to the authoriza- Mr. President, but we have to have it gated or expended for any program, project, or activity which is not included in the fu- tion bill on the floor, that the Guard in both committees in order to succeed. ture-years defense program of the Depart- and the Reserve components identify, I do urge acceptance of the amend- ment of Defense for fiscal years 1997 through prior to submission of the budget, what ment. 2002 submitted to Congress in 1996 under sec- their priorities are so that they could Mr. LEVIN. If the Senator from Alas- tion 221 of title 10, United States Code, un- be considered by the Congress when the ka will yield on that point, I do happen less the Secretary of Defense certifies to time comes, if we add money to iden- to agree with him in terms of his com- Congress that— tify what those items are? ment on the authorizing committee. (1) the program, project, or activity fulfills an existing, validated military requirement; Mr. McCAIN. Mr. President, I say to Some of us made an effort in com- (2) the program, project, or activity is of a my friend from Michigan, indeed, I be- mittee to totally eliminate those ear- higher priority than any other program, lieve this amendment is complemen- marks. We failed by, I think, one vote project, or activity included in that future- tary to the amendment—a very in committee. We ended with a sort of years defense program for which no funds are thoughtful and important amend- hybrid: some of the money earmarked appropriated or otherwise made available by ment—that the Senator from Michigan and some not. this Act; and (3) if additional funds will be required for added to the defense authorization bill. I agree, the fact some of it is ear- the program, project, or activity in future I also express my appreciation to the marked in the Senate authorization fiscal years, such funds will be included in Senator from Michigan who has also bill does make your work more dif- the future-years defense program to be sub- fought against this earmarking of ficult in conference. I happen to regret mitted to Congress under such section in funds. Again, I would like to point out, that because I am on the generic side 1997. the Appropriations Committee has sim- of this debate, but it is a fact of life. Mr. STEVENS. Mr. President, I ask ply added the money and they have not Mr. STEVENS. I urge the adoption of unanimous consent that we amend the earmarked those funds, which I think the amendment. unanimous consent agreement to in- is a significant improvement over what The PRESIDING OFFICER. The clude that it not be subject to an the authorizing committee has been question is on agreeing to amendment amendment in the second degree.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7952 CONGRESSIONAL RECORD — SENATE July 17, 1996 The PRESIDING OFFICER (Mr. There is nonauthorized add-ons and worthy and important programs. Most THOMAS). Without objection, it is so or- earmarks—I am not going to go of those that I identified have little, if dered. through all of them: anything, to do with national defense. The Senator from Arizona. A $3.4 million add-on for ‘‘Med They were not requested by the De- Mr. MCCAIN. Mr. President, the teams’’; partment of Defense, nor in many cases amendment would require an assess- A $14 million add-on for Akamai pro- were they authorized in the author- ment by the Department of Defense gram, to continue telemedicine efforts izing bill. programs included in the appropria- at Tripler Army Medical Center in Ha- I think this amendment is a nec- tions bill which are not in the adminis- waii; essary starting point for curbing this tration’s future years defense plan. The Earmarks $2.7 million for develop- kind of spending. It is aimed only at Secretary of Defense would be required ment of ‘‘dual-mode hyperspectral/fluo- projects that are not included in the to certify that the program fulfills a rescence imaging technology’’; spending plans of the military services military requirement, that it is a high- The sum of $8 million for the mitiga- until after the year 2002. er priority than any other unfunded tion of environmental impacts on In- Perhaps my colleagues are unaware program in the future years defense dian lands; of what a future years defense plan is. plan, and any future funding require- A $477,000 grant to Kansas Unified It is the plan the Department of De- ment associated with the program will School District 207 to integrate schools fense documents which specifies the be included in next year’s future years at Fort Leavenworth into post-fiber- programs, projects, and activities that defense plan. Until the assessment is optic network; are planned for a 6-year period. The complete and the certification provided There is $100 million for prostate can- current FYDP was submitted to Con- to Congress, no funds for these pro- cer research; $93 million of that is ear- gress earlier this year and covers fiscal grams could be obligated or expended. marked in the bill. The report specifies years 1997 through 2002. The services’ Mr. President, I ask unanimous con- a total of $100 million for research to highest priority programs are included sent that there be a time agreement of be conducted in conjunction with the in that document. 20 minutes equally divided, if that has Center for Prostate Disease Research. Mr. President, I point out that the not already been agreed to. There is a $2 million add-on for the total funding for defense in the current The PRESIDING OFFICER. It has National Automotive Center; a $5.4 future years defense program is $1.5 been agreed to. million add-on for Hawaii Small Busi- trillion—$1.5 trillion—which means Mr. MCCAIN. Mr. President, this ness Development Center; a $4 million there are lots and lots and lots of amendment is needed. The amendment add-on for Instrumented Factory for projects in there. Lots of those projects would impose some degree of restraint gears; $900,000 earmarked for National are not funded in the decisions made by on the Congress’ seemingly unlimited Center for Physical Acoustics for re- the Congress of the United States. desire to waste scarce defense re- search on ocean acoustics for purchase Mr. President, I understand the oppo- sources on unnecessary projects. of special equipment; $7 million add-on sition to this amendment and have This Congress has succeeded in in- for Center of Excellence for Research very few illusions as to its chance of creasing the President’s inadequate de- in Ocean Sciences in Oregon. passage, but I feel that it is my obliga- fense budget requests of the last 2 There is an $8 million add-on to sup- tion to seek its passage. years, adding a total of $18 billion. I port Pacific Disaster Center; a $3 mil- I also ask unanimous consent, Mr. fully supported these increases which lion add-on for Southern Observatory President, that a letter from the Citi- have slowed, although not halted, the for Astronomical Research; $4.75 mil- zens Against Government Waste in sup- too-rapid decline in the defense budget lion earmarked for Charleston Navy port of this amendment be printed in over the past decade. Failure to pro- Hospital for a cancer control program the RECORD. vide adequate funding for defense will conducted in conjunction with a State- There being no objection, the letter seriously hinder the ability of our mili- owned cancer center serving coastal was ordered to be printed in the tary services to ensure our future secu- South Carolina. RECORD, as follows: rity and have a deleterious effect on There is a $350,000 add-on for a DOD- COUNCIL FOR CITIZENS our Nation’s ability to influence world State-local government joint task AGAINST GOVERNMENT WASTE, events and maintain peace. force studying wastewater treatment, Washington, DC, July 11, 1996. However, much of this additional $18 management, and disposal; $10 million Hon. JOHN MCCAIN, billion is devoted to unnecessary and earmarked for joint Army-Tennessee U.S. Senate, unwarranted projects. Last year, the Washington, DC. Valley Authority project to ‘‘develop, DEAR SENATOR MCCAIN: On behalf of the Congress wasted $4 billion of the de- demonstrate, and validate a plasma en- 600,000 members of the Council for Citizens fense budget on unnecessary projects. ergy pyrolysis system***to render Against Government Waste (CCAGW), I am These included $700 million for hazardous, chemical, and medical writing to endorse your amendment to the unrequested, low-priority military con- waste into an inert glass slag byprod- FY 1997 Department of Defense (DOD) Appro- struction projects, $1.2 billion for B–2 uct.’’ priations bill (S. 1894). Your amendment pro- bombers and Seawolf submarines, an- There is $1 million for brown tree hibits the use of funds for projects not in- other $2.2 billion for unrequested snake control; again, a $2 million add- cluded in the DOD’s Future Years Defense Program (FYDP) unless the Secretary of De- projects of special interest, such as ear- on for natural gas boiler demonstra- fense certifies that those programs are a marks for specific universities, centers, tion; $2.5 million add-on for carbon re- higher priority than the unfunded FYDP or other entities; nondefense activities, inforced recycled thermoplastic engi- items and will be included in the following such as Coast Guard operations, sup- neered lumber; $7 million earmarked year’s FYDP. S. 1894 contains over $2 billion port to the Atlanta Olympics, medical for evaluation of a multithread archi- worth of items not included in FYDP. research education and programs; and tecture experimental computer; a $26.8 As you know, DOD submits a FYDP every unrequested Guard and Reserve equip- million add-on to initiate program year which specifies programs, projects, and ment. using DOD satellite capabilities in sup- activities that are planned for a six-year pe- riod. Only items of the highest priority are Mr. President, that adds up to $4.1 port of civil needs, such as detecting included by DOD. The current FYDP was billion, which did little or nothing to forest fires and volcanic activity; a $20 submitted this year and covers FYs 1997 enhance the readiness of our forces million add-on for Electric and Hybrid through 2002. This FYDP contains $1.5 tril- today or to modernize our forces. This Electric Vehicle Consortia program. lion worth of spending items, many of which year, while it appears the Senate may There is a $25 million add-on for were ignored by Congress and replaced with be exercising restraint, I have identi- Optoelectronics consortia. By the way, wasteful items. fied only $2 billion in this year’s as op- only $20 million was authorized. There Some of the items included in S. 1894 have is a $13 million add-on for oceano- been listed in our Congressional Pig Book: posed to last year’s budget. $1 million for Brown Tree Snake control. I know this is sometimes an unpleas- graphic partnership programs. $15 million for High Frequency Active ant experience, but I have to identify Mr. President, I know that the argu- Auroral Research Program (HAARP). While some of these projects that honestly ment can be and will be made that each it was authorized, it is an objectionable add- have no relation to defense spending. of those programs I talked about are on.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7953 $4 million add-on for the instrumented fac- bility whatsoever. Under the current support armies, to provide and main- tory for gears. In FY 1996,this program re- budget resolution, we have pro- tain a Navy, to make rules for the Gov- ceived a $5 million add-on in conference. grammed even this year $266.362 billion ernment on regulations of land and Wasteful spending crowds out valuable re- for defense. The President asked for naval forces. That is the power of the sources for high priority projects. Your amendment would help stop pork-barrel $255.1 billion for defense. Over the pe- Congress of the United States. We, the spending hidden under the cloak of defense riod of 5 years, as I said, we asked for Members of the Congress, were not spending. We urge your colleagues to support $27.5 billion more than the President. elected by our constituents to serve as this amendment, which will be considered Senator MCCAIN’s amendment would rubber stamps of the Secretary of De- for inclusion in CCAGW’s 1996 Congressional say, even if we provided it, the Sec- fense or, for that matter, of the Presi- Ratings. retary of Defense would uniquely have dent of the United States. Sincerely, impoundment authority, the authority As my distinguished colleague from THOMAS A. SCHATZ, to prioritize spending. In our opinion, Alaska pointed out, if it were not for President. it is not the right thing to do. So at the the initiative taken by this committee, Mr. McCAIN. Mr. President, I reserve appropriate time, I will make a motion the C–17 would not be in existence, the the remainder of my time. to table the amendment. V–22 would be a thing of the past, the Mr. STEVENS addressed the Chair. This language, as I understand it, Patriot upgrade would not have helped The PRESIDING OFFICER. The Sen- would require that the Secretary of De- our troops in Desert Storm. ator from Alaska. fense, after Congress has passed an act For that matter, I think we should Mr. STEVENS. Mr. President, unfor- and the President has signed it, that recall, in early 1990, when the seas were tunately, this is one amendment that the Secretary of Defense must certify calm and the Middle East seemed to be we have to disagree with the Senator that the program meets valid military a tranquil place, the Pentagon was con- from Arizona on in regard to his pro- requirements. The Osprey stands out in sidering doing away with the central posal. It would prohibit the obligation my mind, Mr. President. No Secretary command. That is fact, Mr. President. of any congressionally approved funds, of Defense that I knew ever supported They were about to break up the cen- by definition, funds approved by the the Osprey, V–22. I do not wish to give tral command and retire General President, too, unless those funds were the Secretary of Defense a veto power Schwarzkopf. When this subcommittee in the President’s original plan. that I would not give to the President heard about that, we called upon the The budget resolution that we have of the United States. Secretary of Defense to delay that de- adopted in the Congress is $27.5 billion Mr. MCCAIN addressed the Chair. cision for at least a year because we, more than the President’s plan. That is The PRESIDING OFFICER. The Sen- on this subcommittee, felt the seas the 5-year plan. I stood here listening ator from Arizona. were not tranquil in the Middle East, to the Senator from Arizona, and I was Mr. MCCAIN. How much time do I that the air was not calm in the Middle remembering battles that this Senator have? East, that something was brewing, and has been involved in. Three times other The PRESIDING OFFICER. The Sen- within 8 months, we were shooting and committees zeroed out the C–17, and ator has 1 minute 33 seconds. they were shooting at us. If we had the President did not request it. Our Mr. MCCAIN. Mr. President, I ask served as rubberstamps for the Presi- committee insisted on it. Our com- unanimous consent to vitiate the re- dent of the United States and the mittee insisted on upgrading the Pa- quest for the yeas and nays. Department of Defense, General triot missile when it had not been re- The PRESIDING OFFICER. Without Schwarzkopf would now be retired and quested, was not in anyone’s authoriza- objection, it is so ordered. Desert Storm would have been a dis- tion bill. We believed it should have Mr. MCCAIN. Mr. President, I under- aster. been upgraded. It had a significant stand how this vote would come out. I The weapon that most people credit role, I think, in the Persian Gulf war. will be satisfied with a voice vote on it. with the great successes of Desert On the V–22, the Osprey, it was never I want to assure the Senator from Storm is the F–117, the stealth fighter, recommended by the President or by Alaska and the Senator from Hawaii the fighter that was able, in a stealthy the Secretary of Defense. We had met that I am very appreciative of their fashion, to knock out all of the radar with the Marines, and they gave us very hard work and efforts. I am very positions of the Iraqis. I believe we their concept of a new order of battle, appreciative of the fact that we have should recall that the administration really, if they could have this new sys- gone from $4 billion to $2 billion of, in did not want any more F–117’s. For tem. And our subcommittee again bat- my view, unnecessary and unwarranted that matter, our companion commit- tled. I remember the battles here on and unauthorized spending. tees in the Congress of the United the floor with some of my former However, Mr. President, I do not in- States did not favor the F–117. Thank friends about our adding money to the tend to quit in trying to stop add-ons God for this subcommittee; we got the bill that was not authorized or re- such as those that I described before. I F–117. quested. Today the V–22 is the signal believe that the American people de- Mr. President, I think we should al- part of our defense effort. I think this serve to have a thorough ventilation ways remind ourselves that the Con- will be one of the few items of new and thorough hearing of the require- gress shall have the power to raise ar- technology, really innovative tech- ments and the appropriations that are mies, to support armies, to provide and nology, in the overall field of aviation. included in this bill. I do, as I said be- maintain a Navy, to provide for calling I predict that within 20 years, it will be fore, appreciate the reductions in unau- forth the militia to execute the law of a significant part of commuter airline thorized earmarks and spending, and I the Union against suppressions and in- transportation throughout the world. think we will continue to make surrections, and to repel invasions. We I do not disagree with the Senator progress. At the same time, I have to are the people who are responsible for from Arizona that we do at times agree bring to the attention of my colleagues the Defense Department. We are the to money that has not been requested areas that I feel are absolutely unnec- people who are responsible to declare that could be considered in a subse- essary and wasteful projects. war. quent year. But I do not believe we I yield the floor. Mr. President, we take our respon- should abandon the total flexibility Mr. INOUYE. Mr. President, of sibilities very seriously. We will do our that Congress has. Congress has the au- course, I commend my colleague from very best to help our Senator from Ari- thority to initiate spending in areas Arizona for bringing this matter to the zona to bring down the costs of defense. where it feels it is necessary to meet attention of the Senate. Every Member This is not the way to do it, sir. the national defense requirements, our of this body is desirous of providing the The PRESIDING OFFICER. There national security requirements. Our finest defense at the least cost. are 45 seconds remaining. obligation is to provide for the com- There are a few things that we should Mr. STEVENS. I yield the floor. mon defense under the Constitution. I remind ourselves. First is the Constitu- The PRESIDING OFFICER. The keep repeating that here on the floor. tion of the United States. Mr. Presi- question is on agreeing to the amend- I must oppose the Senator’s amend- dent, it is not the President who is re- ment. ment because we would have no flexi- sponsible to declare war, to raise and The amendment (No. 4442) is rejected.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7954 CONGRESSIONAL RECORD — SENATE July 17, 1996 Mr. STEVENS. I move to reconsider fleet under the Oceanographic and Atmos- AMENDMENT NO. 4884 the vote. pheric Technology program.’’. (Purpose: To provide $12,000,000 for the Pulse Mr. INOUYE. I move to table the mo- Mr. GORTON. Mr. President, this has Doppler Upgrade modification to the AN/ tion. to do with the military oceanographic SPS–48E radar system) The motion to lay on the table was research survey administered by the Mr. INOUYE. Mr. President, I send to agreed to. Dept. of the Navy. I understand it has the desk an amendment on behalf of Senator FEINSTEIN and ask for its im- AMENDMENT NO. 4582, AS MODIFIED been cleared by both of the distin- (Purpose: To provide funds for preparing the guished managers. I want to tell them mediate consideration. application for renewal of the use of the how much I appreciate their coopera- The PRESIDING OFFICER. The McGregor Range at Fort Bliss, Texas) tion in this respect. clerk will report. Mr. STEVENS. Mr. President, I send The assistant legislative clerk read Mr. President: today I am offering an as follows: to the desk a modification of amend- amendment which will increase fund- The Senator from Hawaii [Mr. INOUYE], for ment No. 4582. ing for the Navy’s military oceano- The PRESIDING OFFICER. The Mrs. FEINSTEIN, proposes an amendment graphic research survey capabilities. numbered 4884. clerk will report. With enhanced survey capabilities, uni- Mr. INOUYE. Mr. President, I ask The assistant legislative clerk read versity research fleets will be able to as follows: unanimous consent that reading of the help the Navy in the important work of amendment be dispensed with. The Senator from Alaska [Mr. STEVENS], oceanographic research. The PRESIDING OFFICER. Without for Mr. GRAMM, proposes an amendment This amendment will reduce an ap- numbered 4582, as modified. objection, it is so ordered. proximately 240 ship-year backlog in The amendment is as follows: Mr. STEVENS. Mr. President, I ask military oceanographic survey vessels On page 29, line 20, strike out ‘‘Forces.’’ unanimous consent reading of the which are operated by the Oceanog- and insert in lieu thereof ‘‘Forces: Provided amendment be dispensed with. rapher of the Navy. It allows the Navy further, That of the funds available under The PRESIDING OFFICER. Without to use non-military research ships as a this paragraph, $12,000,000 is available for the objection, it is so ordered. supplement to its own fleet. Pulse Doppler Upgrade modification to the The amendment is as follows: AN/SPS–48E radar system.’’. Most of the Navy’s surveys are over- At the end of the bill add the following: seas; some are in American waters. Mrs. FEINSTEIN. Mr. President, I SEC. . Of the funds appropriated in title Clearly, the Navy Oceanographer’s rise today in support of my amendment II of this Act, not less than $7.1 million is to authorize $12 million for the devel- available to perform the environmental im- eight ships cannot, by themselves, do all the work for 240 ship-years of back- opment of a pulse doppler upgrade to pact statement and associated baseline stud- the AN/SPS–48E radar system. ies necessary to prepare an application for log. They need help. The University The AN/SPS–48E is currently the renewal of use of the McGregor Range at Oceanographic Laboratory System only surveillance radar capable of de- Fort Bliss, Texas. [UNOLS], an umbrella organization of tecting low flying cruise missiles com- Mr. STEVENS. As amended, this oceanographic research ships, can pro- ing out of the severe ground clutter makes funds available for a project in vide that help. These research ships are that is typical of littoral warfare over Texas which the Senator from Texas owned and operated by a variety of water or land. Given the proper fund- wishes to be certain is authorized and agencies and private organizations, in- ing, the Navy agrees that the AN/SPS– the moneys are available for. cluding the University of Washington 48E pulse doppler upgrade would re-ini- Mr. INOUYE. Mr. President, I am in Seattle. With the additional funds tiate clutter reduction engineering ac- pleased to advise the Senate that the provided by this amendment, the Navy tivities, thereby improving their abil- managers have approved this measure. can enlist the aid of UNOLS in reduc- ity to meet current and emerging The PRESIDING OFFICER. The ing its backlog. threats. Present lack of funding for question is on agreeing to the amend- This initiative will bring military this one-of-a-kind, superior radar sys- ment. and civilian oceanographers, together, tem leaves our large deck amphibious The amendment (No. 4582), as modi- in a spirit of partnership, for exchanges ships and the new LPD–17 class ships fied, was agreed to. of ideas and capabilities. I thank the and their crews unprotected and vul- Mr. INOUYE. I move to reconsider committee for agreeing to this amend- nerable to attack. the vote. ment. I am pleased that this amendment is Mr. STEVENS. I move to lay it on Mr. STEVENS. The Senator from acceptable and I thank the managers of the table. Washington has identified that imme- the bill. The motion to lay on the table was diate attention be paid to this activity. Mr. INOUYE. Mr. President, this agreed to. We support his position that it should amendment has been cleared by both AMENDMENT NO. 4883 be maintained at the current level, and sides. We are pleased to support it. (Purpose: To provide $7,5000,000 to fund 1.5 urge adoption. Mr. STEVENS. Mr. President, I con- ship years in the university research fleet Mr. INOUYE. Mr. President, the cur in adoption of this amendment. under the Oceanographic and Atmospheric managers are pleased to support this The PRESIDING OFFICER. The Technology program) amendment. question is on agreeing to the amend- Mr. GORTON. Mr. President, I have The PRESIDING OFFICER. The ment. an amendment, and I ask for its imme- The amendment (No. 4884) was agreed diate consideration. question is on agreeing to the amend- ment. to. The PRESIDING OFFICER. The Mr. INOUYE. I move to reconsider The amendment (No. 4883) was agreed clerk will report. the vote. The assistant legislative clerk read to. Mr. STEVENS. I move to lay it on as follows: Mr. STEVENS. I move to reconsider the table. The Senator from Washington [Mr. GOR- the vote. The motion to lay on the table was TON] proposes an amendment numbered 4883. Mr. INOUYE. I move to table the mo- agreed to. Mr. GORTON. Mr. President, I ask tion. Mr. STEVENS. Mr. President, I sug- unanimous consent reading of the The motion to lay on the table was gest the absence of a quorum. amendment be dispensed with. agreed to. The PRESIDING OFFICER. The clerk will call the roll. The PRESIDING OFFICER. Without PRIVILEGE OF THE FLOOR objection, it is so ordered. The assistant legislative clerk pro- Mr. STEVENS. Mr. President, I ask The amendment is as follows: ceeded to call the roll. unanimous consent that Sharon Dun- Mr. CONRAD. Mr. President, I ask On page 29, line 20, strike out ‘‘Forces.’’ bar be permitted privileges of the floor and insert in lieu thereof ‘‘Forces: Provided unanimous consent that the order for further, That of the funds appropriated in during consideration of this bill. the quorum call be rescinded. this paragraph, $7,500,000 shall be available The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without for 1.5 ship years in the university research objection, it is so ordered. objection, it is so ordered.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7955 AIR BATTLE CAPTAIN PROGRAM AT THE CENTER sense to me. After all, these young offi- Center will play a major role in the de- FOR AEROSPACE SCIENCES, UNIVERSITY OF cers have been handpicked and well velopment of a critical technology for NORTH DAKOTA trained. To reject these young men and our national defense. As you know, our Mr. CONRAD. Mr. President, I see women after this special training national defense is heavily dependent that my esteemed colleague, Senator seems wasteful. on the electronics industry, in which INOUYE, the ranking member of the De- Mr. INOUYE. I understand the con- there are certain critical tools and fense Appropriations Subcommittee, is cern of my friends from North Dakota. on the floor. I wonder if the Senator technologies. Of these, lithography is From what I have heard today, reject- pivotal to our Nation’s continued suc- from Hawaii would be willing to engage ing these fine young men and women cess. This is the technology used to in a colloquy with my friend from for the positions for which their coun- create the ever-shrinking patterns North Dakota and me over a matter of try has trained them does not appear importance to our State and the U.S. to make much sense. found on integrated circuit chips and is Army. Mr. CONRAD. That is also our think- an area where we face fierce inter- Mr. INOUYE. I would be happy to do ing, and Senator DORGAN and I, with national competition. The United so. our friend from the other body, Con- States must retain leadership in this Mr. CONRAD. I thank the Senator. dual-use technology area through the As my friend from Hawaii may recall, gressman EARL POMEROY, wrote to the continued investments by government, the internationally recognized Center Secretary of Defense on May 31, asking for Aerospace Sciences [CAS] at the that the assignments given to this industry, universities, and industrial University of North Dakota [UND] has year’s graduates be reexamined. We are associations. been conducting intensive helicopter hopeful that it is not too late for the Since 1988, the Defense Advanced Re- flight training for U.S. Army Reserve members of class of 1996 to receive the search Projects Agency [DARPA] has Officer Training Corps [ROTC] scholar- assignments they had every right to been working with the Naval Air Sys- ship recipients for the past decade and expect when they enrolled in the pro- tems Command and the Naval Research gram over 3 year ago. Every member of a half. The 1995–96 school year was the Laboratory to develop alternative lith- this year’s ABC class made time-con- last year of a 5-year test program de- ographic technologies. Proximity x-ray suming, costly commitments to this signed to produce 15 second lieutenants lithography is considered to be the pri- every year for the Army Aviation excellent program. In addition, the funds spent by the Army over the past mary backup to the optical lithog- branch who are ready for tactical air- raphy technologies currently used, and craft training and further assignment 3 years on their training is in danger of going to waste if current orders are not to have the most promise for manufac- as combat-ready aviators upon gradua- turing future generations of chips. Yet tion from UND. Because of the unique reviewed. All 15 students are uniquely by fiscal year 1998, DARPA plans to flight training students receive at CAS, qualified to be Army helicopter pilots, curtail the bulk of its funding in prox- the entire UND class has almost al- and we believe it is only right to give ways received active duty helicopter these young people the opportunity to imity x-ray technology. assignments upon graduation. serve their country in this capacity, es- This technology is at the delicate Mr. INOUYE. Yes, I am aware of this pecially now that significant tax dol- point where DARPA believes it is too program. Has this training been cost- lars have been invested in their train- mature to meet its development in- effective for the Army? ing. vestment profile, yet the industrial in- Mr. CONRAD. Yes, it has. In fact, it It is our hope that any procedural frastructure is not yet sufficient to error which may have hindered UND’s costs approximately 40 percent less to sustain it. Therefore, DOD investment train helicopter pilots at UND than at graduates during this year’s selection is needed to continue development of x- the Army’s usual facility at Fort process can be corrected for this year’s ray lithography and other mask tech- Rucker. class. We are also concerned, however, Mr. DORGAN. If my senior colleague about future classes. We hope that nologies and to demonstrate how semi- from North Dakota would yield for a UND students will be able to benefit conductor processes can be used in moment, I would also like to note that from this excellent program for many leading edge military applications. the recent proposal for program con- years to come. This work more clearly fits the needs tinuation forwarded to the com- Mr. INOUYE. Has the Defense De- of the services than the mission of manding general at Fort Rucker sug- partment responded to your letter or DARPA. gests that we will save even more than taken action in light of your very un- The bill the Senate is considering that. My friend from Hawaii and all derstandable concern? today begins a smooth transition of the Senators should also be aware that the Mr. CONRAD. Unfortunately, we results of DARPA’s Advanced Lithog- Army has consistently praised UND have not yet received a substantive re- raphy Program in proximity x-ray li- graduates for their excellent perform- sponse. thography to the Navy in fiscal year Mr. INOUYE. In light of the stress ance and superior airmanship. The CAS 1997. It establishes a Manufacturing program is unique in the United that this delay must be inflicting on this year’s graduates, I would hope Technology Program Center of Excel- States, and consequently its aviator lence, which would be based at the IBM graduates in the Air Battle Captain that the Defense Department would ex- research facility in Essex Junction, Program are better trained than any pedite action in this matter. I look for- VT. other ROTC graduates seeking Army ward to a favorable response to the let- aviation assignments. Appropriately, ter my friends from North Dakota have The bill provides for the extension of the entire UND Air Battle Captain sent to Secretary Perry, and would efforts begun in the DARPA Advanced class has consistently received active hope that Senators CONRAD and DOR- Lithography Program through transi- duty helicopter assignments upon grad- GAN would not hesitate to let me know tion to the Lithographic and Alter- uation. if I can be of assistance. native Semiconductor Processing Mr. INOUYE. Considering both the Mr. DORGAN. I thank my esteemed Techniques [LAST] Center and funds cost savings and the excellent perform- colleague from Hawaii. We will be sure the Center at $15 million in fiscal year ance of UND’s graduates, this program to do so. 1997, from the manufacturing tech- appears to be an excellent buy. Mr. CONRAD. I also thank the distin- nology budget, PE78011N. It increases guished ranking member for his time Mr. DORGAN. It is, and consequently the request in that line by $15 million. I and my colleague from North Dakota and support. I thank the Chair, and This increase is in addition to any were very surprised to learn that only yield the floor. other planned increases. 2 of this year’s class of 15 graduates LAST CENTER were assigned to active duty aviation. Mr. JEFFORDS. Mr. President, I The Naval Air Systems Command Clearly, many programs within the would like to bring to your attention should manage this Center since it cur- Armed Services are undergoing reorga- an item in this bill which is listed rently is the agent for most of the nization as part of the defense-wide ef- under the heading of Industrial Pre- DARPA contracts in this technology fort to cut costs, but to reject the grad- paredness, namely the Lithographic area. As the LAST Center’s programs uates from the aviation program at and Alternative Semiconductor Proc- are part of a larger ongoing govern- UND Aerospace does not make any essing Techniques [LAST] Center. This ment, university, industry effort to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7956 CONGRESSIONAL RECORD — SENATE July 17, 1996 nurture advanced lithography, both the view should identify the procurement before approving services-wide use, Center’s program and DARPA’s X-ray profile for this aircraft, as well as asso- they should provide adequate resources Proximity Printing Program must be ciated funding and number of aircraft, from appropriated funds to conduct viewed as an ongoing effort. A coordi- in order to satisfy these requirements such performance testing? nating effort for the LAST Program over the next 5 years. Mr. STEVENS. I agree with the dis- should be established and the Navy Mr. STEVENS. I wholeheartedly en- tinguished Senator from Virginia that should chair a coordinating panel in- dorse this review by the Department of if the Department of Defense wishes to cluding representatives of DARPA and Defense, which should be completed conduct performance tests to deter- the three services, as appropriate. and submitted to the Congressional De- mine the merit of a synthetic metal This is extremely important in light fense Committees no later than April conditioner for military use, the De- of recent developments in Asia, in par- 30, 1997. I applaud the Senator from partment should consider funding such ticular, NTT’s announcement of .07 mi- New Mexico for Bringing this issue to tests from within available funds. cron device demonstrations using prox- the committee’s attention. PCB AND ASBESTOS REMOVAL imity x-ray technology and MILITARY USE OF A METAL CONDITIONER Mitsubishi’s recent announcement that Mr. WARNER. Mr. President, I would Mr. KERREY. Mr. President, will the it is proceeding with a $1 billion semi- like to discuss an important matter Senator from Alaska help me under- conductor fabrication facility built with my distinguished colleague, the stand a part of the bill. Within the For- around synchrotron x-ray lithography chairman of the Defense Appropria- merly Used Defense Site Program you technology. These, along with the fab- tions Subcommittee. I bring to the have added $25,000,000 for PCB and as- rication of the Pohang beam line for x- chairman’s attention a remarkable bestos removal. We have a situation ray lithography in Korea, underscore product called MILITEC–1, which is out at the University of Nebraska the worldwide investment being made manufactured by a small Virginia com- where the Department turned over in this critical technology. pany. The product is a synthetic metal some land and buildings to the univer- The LAST Center will allow DOD to conditioner that makes machines run sity in the 1960’s. The problem is that begin the insertion of x-ray technology better, and makes weapons more reli- the buildings contained ammunition and alternative semiconductor proc- able. This permits smoother running and are contaminated. We now need to essing techniques into military appli- machines that consume less power, are tear them down. However, the cost of cations. This Center will be of high more reliable, and require less mainte- structural demolition and removal of value to military systems. I believe the nance and parts replacement. the asbestos and contamination within Secretary of the Navy should support MILITEC–1 can help our military these buildings is considerable. Is the its continuation for a period of 5 years forces save money and human re- purpose of this $25,000,000 for problems beginning in the Navy’s fiscal year 1998 sources on repairs, while at the same like we have at the University of Ne- budget request. time have equipment that runs better. braska? Mr. President, I would like to thank Tests and extensive experience by Mr. STEVENS. This is exactly the my colleague from Alaska for joining both government and commercial users kind of problem we have heard about. me in a discussion of this important have proven MILITEC–1’s effectiveness. That is why we added this funding. We matter on the floor of the Senate, and The Department of Defense has issued want to accelerate the cleanup of these I commend him for including this im- national stock numbers to facilitate sites wherever possible. portant item in the bill before us. purchase of the product by all Federal Mr. KERREY. I will work with the Mr. STEVENS. Mr. President, I am Government activities, including mili- Department to help the University of pleased to agree with my colleague tary units, as well as by state and local Nebraska to demolish these structures from Vermont on the importance of law enforcement agencies. and remove this asbestos. I thank the maintaining the defense investment in In fact, several Federal law enforce- Senator from Alaska. advanced lithography, including prox- ment agencies direct the use of imity x-ray lithography. In particular, MILITEC–1. Indeed, in a recent issue of EOA-TYPE SYSTEMS the research and development that the Washington Post, a spokesman for Mr. HEFLIN. Mr. President, I would would be undertaken at this LAST the U.S. Secret Service was quoted as like to take a moment to enter into Center should provide advanced elec- saying, colloquy with the distinguished Sen- tronics manufacturing capabilities, ‘‘Our 2,000 agents and 1,200 officers are ator from Alaska, my friend, Mr. STE- which are essential to our national de- issued a small bottle of the stuff with their VENS. fense. guns. We’ve found that it repels water ex- Mr. STEVENS. Mr. President, I UH–60 AIR AMBULANCE COMPANIES FOR THE tremely well and keeps weapons operating would be pleased to enter into a col- NATIONAL GUARD smoothly. Obviously, that is a high priority loquy with my friend from Alabama. Mr. DOMENICI. Mr. President, I for us.’’ Mr. HEFLIN. First let me com- would like to briefly share my concerns I appreciate the Service’s concern for pliment the Senator on the excellent about an issue of importance to Na- its special mission, and I believe our work the committee has done this tional Guard medical operations and troops should have that same advan- year. This is an outstanding bill. I capabilities in New Mexico and Nevada. tage. would also like to thank staff for their Mr. STEVENS. I appreciate the Sen- Mr. STEVENS. I have heard of the hard work and dedication. As you ator coming to the floor to share his Virginia product my distinguished col- know, I have a keen interest in the concerns on this issue with his col- league describes, and I concur with his Army’s electronic maintenance pro- leagues. interest in giving our military the op- Mr. DOMENICI. I understand that at portunity to have the advantage that grams. I would, therefore, appreciate a the end of fiscal year 1997, the National many law enforcement agencies al- clarification of the guidance provided Guard bureau will only have four Na- ready enjoy. in the committee report dealing with tional Guard UH–60 air ambulance Mr. WARNER. Mr. President, I un- the purchase of electro optic test companies throughout the United derstand that some officials in the De- equipment. States. I am greatly concerned about fense Department have been hesitant The report directs the Army not to the overall lack of air ambulance capa- to employ a synthetic metal condi- procure any sole-source off-vehicle E–O bility supporting our National Guard tioner, even for testing, preferring to test equipment until the results of a Forces. use only traditional lubricants. This is study have been provided to the de- Mr. DOMENICI. In order to address in spite of the fact that a great many fense committees of Congress. My this shortfall, it would be appropriate field users in the military services question is, Does this guidance restrict for the Department of Defense to assess strongly prefer it over standard-issue the procurement of variants of the the requirements for additional UH–60 products. Would the chairman agree Electro Optic Augmentation System, air ambulance companies beyond what that, if the Department requires formal an on-vehicle tester? currently exists in the current DOD performance testing to determine the Mr. STEVENS. Let me assure the plan for the National Guard. This re- value of a synthetic metal conditioner Senator that the committee’s guidance

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7957 was not intended to restrict the pur- only won’t this process save taxpayer them to operate in combat would be in- chase of EOA-type systems. dollars, it will cost more money due to consistent with the subcommitte’s un- Mr. HEFLIN. I appreciate the clari- the increased administrative processes. derstanding of what attrition reserve fication of this important matter. I The support is essential and should be status entails. thank the Senator. funded in the most streamlined of Mr. CONRAD. I thank the chairman WHITE HOUSE COMMUNICATIONS SUPPORT methods. We should continue to fund for this strong statement of support. Mr. SHELBY. Mr. President, histori- this support directly to WHCA and Might I ask the distinguished ranking cally the White House Communications their support of the Secret Service member whether he shares this under- Agency, commonly referred to as should continue. standing? WHCA, has provided telecommuni- Mr. SHELBY. Mr. President, I under- Mr. INOUYE. I certainly do. I am cations support for the President in his stand that the House has included lan- pleased that we were able to provide role as Commander in Chief. WHCA, as guage in their bill regarding this issue. the funding necessary to ensure that part of its mission, has provided radio I would hope that we can examine this there be no question that B–52’s should communications, telephone, and other issue closely in conference to ensure not be retired, or prepared for retire- telecommunications resources to the that the most efficient and cost-effec- ment, during fiscal year 1997. Secret Service under the authority of tive procedure to address this issue will Mr. CONRAD. Again, I thank the the Presidential Protection Assistance be implemented. chairman and ranking member for Act of 1976. This act states that the as- Mr. STEVENS. We will certainly ad- their help on this extremely important sistance is provided to the Secret Serv- dress it, and hopefully continue to fund matter, and would like to clarify a last ice without reimbursement provided this support program without added point for the Record. As my friends on that the assistance is on a ‘‘temporary redtape. the Defense Subcommittee are aware, basis’’. B–52H BOMBERS the Air Force’s estimates of the addi- Mr. STEVENS. That is correct. This Mr. CONRAD. Mr. President, I note tional funding required to maintain WHCA support to the Secret Service that the distinguished chairman and these aircraft have fluctuated over the had been provided on a non-reimburs- ranking member of the Defense Appro- past several months. Would the sub- able basis for 15 years, absent a clear priations Subcommittee are on the committee be willing to reallocate B–52 definition of ‘‘temporary basis.’’ As I floor, and I would like to engage in a funds between appropriations accounts understand the issue, this support colloquy for the purposes of discussing in conference, or to describe in the con- which is provided to the Secret Service the subcommittee’s intentions regard- ference managers’ statement, the sub- is essential and must be provided re- ing B–52H bombers. committee’s understanding of how the gardless of the funding source. As my colleagues are aware, during additional $69,500,000 is to be spent, Mr. SHELBY. Absolutely, the sup- floor consideration of the fiscal year should clarification be necessary? port is essential in order for the Secret 1997 Defense Authorization bill, I of- Mr. STEVENS. I understand my Service to effectively carry out their fered an amendment with my distin- friend’s concerns, and, if necessary, we protective mission. The 15-year prac- guished colleague from North Dakota could raise these matters in the con- tice of providing this support under the which clarified the Senate’s intent re- ference with our House counterparts. I Presidential Assistance Act has worked garding B–52’s by instructing the Sec- also would add, in recognition of my well. Recently, because of strict inter- retary of the Air Force to retain the friend’s interests in this matter, that pretations of that act it has been sug- entire inventory of these battle tested, we will do our best to come out of con- gested that the funding to cover the dual-capable bombers in active status, ference with the full $69,500,000 we have cost of this support be transferred to and to ensure that aircraft in attrition allocated for the B–52’s. the Secret Service so that they can reserve would receive the standard Mr. INOUYE. The Senator from then return the funds to the Defense maintenance and upgrades just like North Dakota raises a valid point, and Department to cover the cost. other B–52’s. Our amendment was I know that the chairman and I will try Mr. STEVENS. In other words, there unanimously approved by the Senate to accommodate him should it become is no savings and there is increased with the full support of the Armed clear that some reallocation of B–52 redtape. This appears to be a typical Services Committee, which again this funds between appropriations accounts, bureaucratic solution—fix something year has clearly instructed the Air or further language clarification, is ad- that is not broken. Force not to retire, or to prepare to re- visable. Mr. SHELBY. Exactly. For 15 years tire, any B–52’s during the fiscal year. Mr. CONRAD. Once again I thank the this essential support is provided by With passage of an amendment of- Defense Subcommittee’s distinguished WHCA and funded through the Defense fered by Senator STEVENS to the de- leadership for their strong support. I Department. Now, because after 15 fense appropriations bill, a total of greatly appreciate their cooperation years someone has decided to interpret $69,500,000 will have been added to the throughout this process and the hard guidelines differently, we must alter fiscal year 1997 defense budget request work of their able staff members, and the funding process and add bureau- to maintain the entire fleet of 94 B–52H am pleased that we have been able to cratic redtape to the process that aircraft. In light of this additional work together to maintain our entire works just fine. Providing the funds to funding, is my understanding correct fleet of B–52’s. the Secret Service so that they can re- that the Defense Appropriations Sub- TELEMEDICINE turn it to the White House Commu- committee agrees that the Defense De- Mr. SPECTER. Mr. President, I have nications Agency is a waste of time partment should not retire, or prepare sought recognition for the purpose of and effort. There are no savings, just to retire, any B–52’s during fiscal year engaging my good friend, the distin- added redtape. 1997? guished chairman of the Defense Ap- Mr. STEVENS. Was this change re- Mr. STEVENS. The Senator is cor- propriations Subcommittee, in a col- quested by the Secret Service or rect. Additional funds have been pro- loquy regarding support to the Army, WHCA? vided for operations and maintenance, Navy, Air Force, and other branches of Mr. SHELBY. To my knowledge, militaray personnel, and procurement the military in their efforts to promote these agencies did not request such a at levels considered appropriate to and utilize the innovative delivery of change. The system which existed for allow all B–52’s to be retained in active telemedicine processes and techniques 15 years was fine. Certainly, if required and attrition reserve status. which improve the responsiveness and to proceed with this reimbursement Mr. CONRAD. Would the chairman quality of care. procedure they will comply. The sup- also agree that all the B–52’s should re- A coordinated and innovative tele- port services are essential. Once again, ceive standard maintenance and up- medicine system designed to enhance however, if it isn’t broke, don’t fix it. grades? the medical and behavioral care pro- Mr. STEVENS. I agree. If the support Mr. STEVENS. That is the sub- vided to personnel who have been ex- is essential and has been provided for committee’s intent. Depriving the at- posed to high-trauma events would be so many years there is no need to cre- trition reserve bombers of the mainte- of considerable benefit to the U.S. mili- ate more administrative redtape. Not nance and modifications required for tary. It would expand the knowledge

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7958 CONGRESSIONAL RECORD — SENATE July 17, 1996 base needed for successfully delivering that amendment during the debate if the truth, because even though I have both emergency and disaster manage- he so wishes. not been in the military I had a broth- ment services and would also expand The PRESIDING OFFICER. Is there er that proudly served in World War II the applications of telemedicine and objection? The Chair hears none, and it in the Marines, and I remember as a enhance diagnostic and treatment co- is so ordered. teenager putting as many of his Marine ordination and delivery. Given the ex- Mr. STEVENS. I suggest the absence emblems on as I could because I wanted perience of the U.S. military during of a quorum. to be just like my brother. And so I and since the Persian Gulf war and the The PRESIDING OFFICER. The have great admiration for any branch increased threat posed by weapons of clerk will call the roll. of military service, but if there is one mass destruction the military could The assistant legislative clerk pro- that I always thought most of it was benefit greatly from such a resource. ceeded to call the roll. the Marines because of my brother. I would further note that the north- Mr. GRASSLEY. Mr. President, I ask And whether then in World War II, east region of the United States is in- unanimous consent that the order for when they had 485,000 troops with 70 adequately represented in national the quorum call be rescinded. generals, or today, when they have telemedicine research. I urge the con- The PRESIDING OFFICER. Without 173,000 with 68 generals, you can only ferees to consider directing the Depart- objection, it is so ordered. conclude that the Marine Corps is ment of Defense to allocate a portion Mr. GRASSLEY. I have an amend- small but it is very tough, it is very of the $20 million for telemedicine in ment I am going to offer, but I do not disciplined, and, quite frankly, in every the Defense appropriation’s fiscal year want to send it to the desk at this sense it is very different from the 1997 bill, to an organization in the point. I hope we will be able to do Army, the Navy, and the Air Force. northeastern United States with today what we were not able to do in The Marines are proud of it, and Amer- lengthy experience in organizing and late June when I discussed this very icans ought to be proud of it. providing comprehensive medical and same issue on the Defense authoriza- But when I see these proposals that behavioral services. A not-for-profit tion bill. I hope that I have a chance to come before us, I think something has health care organization engaged in have some dialog in a very formal way changed, that the Marines are not just the delivery of medical care, in medical of educating our colleagues about this looking for a few good men and women and allied health education and train- issue I am raising, and I hope to have anymore. With this appropriation bill, ing, and in medical research would be that with some members of the Senate and with the authorization bill, they the most appropriate type of entity for Armed Services Committee as well as are looking for a few more generals, 12 achieving expanded applications and prominent members of the Senate Ap- to be exact. The Marines want the coordination of telemedicine efforts. propriations Committee who are in the extra generals at a time when the Ma- Both the U.S. military and the north- Chamber. rine Corps is getting smaller. east region would benefit from allo- To remind my colleagues, this is the Let me say, I hoped to have dialog cating funds to a qualified entity in the issue of whether or not we need 12 more with the Senate Armed Services Com- region. Marine generals. This issue, I admit, mittee on this. But this issue that is Mr. STEVENS. Mr. President, I appears to be micromanaging the De- included in the Senate Armed Services would say to the distinguished senior fense Department. Most of my speeches Committee bill was very hotly debated Senator from Pennsylvania that I have on the Defense Department come dur- in the deliberations of the House long been a supporter of telemedicine ing the budget debate, the budget reso- Armed Services Committee, and the and its application to military medi- lution debate which is very much a House Armed Services Committee re- cine. I believe that telemedicine can macro-approach on defense expendi- jected—rejected—the Marine Corps’ at- significantly enhance medical readi- tures. tempt to authorize 12 more generals. ness and I encourage the Department I think, however, that in the sense of So, even within this Congress there is a of Defense to seek innovative opportu- micromanaging we raise a point of how diverse opinion on whether or not this nities to expand those capabilities. I money is being spent because if my is justified. So they want extra gen- will be happy to work with the senior amendment which I will offer would be erals. Senator from Pennsylvania and the De- adopted, I do not pretend to subtract The other services downsizing like partment of Defense to ensure that big dollars from the appropriations bill the Marine Corps. The Department of such proposals, especially those quali- that is before us. The issue here is a Defense has cut the number of general fied proposals being put forward in the broader issue of what are the priorities officers in the other services by 20 per- northeast region of the United States, within our military establishment. We cent. You will see from the chart here receive a thorough review for possible hear from the Secretary of Defense, we how this is divided up, but a total fig- inclusion into the fiscal year 1997 De- hear from the Senate Armed Services ure has dropped by 204 since we have partment of Defense telemedicine pro- Committee, and maybe we all agree, of had the downsizing of the military, grams. the need for modernization of the mili- from 1,055 in 1987 to 851 in 1995. So, why Mr. President, I suggest the absence tary, the updating of our capabilities, does the Marine Corps need a few more of a quorum. that spending money on that is a very generals to lead fewer men and women? The PRESIDING OFFICER. The high priority. And so we are seeing in You see here, the Army has gone clerk will call the roll. the days now beyond the cold war era from about 400 in 1987 down to this fig- The legislative clerk proceeded to and also in the era of efforts to reduce ure that is under 300. The Air Force has call the roll. the deficit and hopefully to balance the gone from 335 down to just a little over Mr. STEVENS. Mr. President, I ask budget, a military force structure that 300. The Navy, at 250-plus admirals, unanimous consent that the order for is downsizing. down just a little bit, but down some. the quorum call be rescinded. So if it appears to be micromanaging, The Marine Corps has been very steady The PRESIDING OFFICER. Without it is only because it is so very obvious right here—very steady during this pe- objection, it is so ordered. that when you have a downsizing tak- riod of time. I am not arguing here Mr. STEVENS. Mr. President, I see ing place, why are we ‘‘topsizing’’ the that the Marines should have the Senator from Iowa is here. We have administrative overhead in the form of downsized in the number of general of- discussed an agreement concerning an more brass at the top. The Marines like ficers. I am not arguing that at all. I amendment he is to offer. to say—and I think they have every am just arguing for the point of view He is going to offer an amendment to right to say this—they are looking for that the downsizing has gone on and the bill pertaining to the number of ‘‘a few good men.’’ Obviously, today we there has been a downsizing in the general officers, I believe, in the Ma- amend that, that the Marines are look- number of generals and admirals. The rine Corps. ing for a few good men and women. Marines have been very steady. I am I just simply want to ask unanimous I think most of us remember that arguing that they should not be going consent that his amendment not be slogan on TV or we saw it in a maga- up. subject to a second-degree amendment zine or we even saw it on bumper stick- While this is going down, why, then, but that he be permitted to modify ers. For me, these words always spoke do we raise this up considerably, by 12,

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7959 by another 20 percent, more generals to 172,434. That is a reduction of 27,091 ma- Last, another rationale given. Some lead fewer men and women? Why is the rines since fiscal year 1987. Despite the contend that the Marines need the ad- Marine Corps trying to have more continuing drop in end strength, the ditional 12 general officers to fill crit- brass at the top when the bottom is number of generals stayed, as I said ical war-fighting billets. Who is going getting smaller? Why is the Marine here—the number of generals has been to argue with that one? Corps top-sizing when, in fact, through- very constant during this period of But I have some points I want to out the branches it is downsizing? Why time, and it is still constant over here make about that. I think we will show, does the Marine Corps want more gen- at 68 to 70; 68 right now is the exact at most, a very, very small minority of erals when junior officers and ser- number. these might go to that purpose, be- geants are getting thrown out? Despite the continuing drop in end cause we want to make sure that we Of course, Mr. President, the heart strength, we see this level at 68 pro- maintain the war-fighting capability of and soul of the Marine Corps are its 27 vided for until section 405 came along, every service. National defense is a pri- infantry battalions. This is what the to authorize 80 Marine generals. That mary responsibility of the Federal Gov- Marine Corps is all about. Everything would cause this figure to head north. ernment, and no other level of govern- the Marine Corps does is focused on My question is, why? ment in the United States contributes moving, protecting, and supporting I am sure we are going to have an an- to that. these 27 battalions. If those 27 battal- swer to that. I hope it is an answer So, as I said, we have these four argu- ions are not healthy, then the Marine that will negate my need for this ments, and many more, that might be Corps is not strong. amendment. But, frankly, I think I given. I do not understand these argu- A doctor has been examining the have had a chance to study several doc- ments. Why do the Marines need more vital signs of the 27 battalions, and uments. I have had a chance to study generals when the Marine Corps is they are not up to snuff. There are, in several documents that I am going to downsizing, as you see what has hap- fact, critical shortages within the Ma- make some reference to in further de- pened since 1986. Why increase the rines. It does not happen to be whether bate on my amendment, that tell me number of generals when there is a or not they need 12 more generals. The that, first of all, some of the things critical shortage of sergeants and lieu- critical shortage is of platoon com- that have been told to Senators about tenants in the infantry battalions? manders and sergeants. Lieutenants why these additional Marine generals These critical war-fighting billets need and sergeants are the ones who train are needed, are simply not true. I will to be filled before we add wasteful and the force and keep it ready to go. If also try to demonstrate where the real unnecessary brass at the top. war broke out, they would lead these need in the military is. I want to yield the floor now, because units in battle. So why is the Marine I said more sergeants and more com- I hope to encourage discussion on this. Corps adding generals when there is a manding officers. We have evidence of I will have some further responses, but critical shortage of sergeants? The Ma- that. There are papers prepared by a I hope I have more specific comments rine Corps could buy the sergeants it Marine Corps major that raise ques- from the other side. I do not mean the needs at the price of the 12 generals it tions about the need for certain redun- Democratic side, I mean people pre- sumably on the Armed Services Com- is asking for. dant commands and the extra generals I raised, as I said before, these ques- to run them, and also the issue of the mittee, both Republican and Democrat, tions on June 26 when the Defense au- layers of command that we have, un- who disagree with my point of view, thorization bill was on the floor. Sen- necessary duplication. and then I would like to speak again. Then there is a KAPOS study re- I yield the floor. ator WARNER responded to my question ferred to by Senator WARNER in his Mr. THURMOND addressed the Chair. on June 28. I did not have an oppor- statement that I think shows me some- The PRESIDING OFFICER. The Sen- tunity to have a dialog with him on the thing different than what it showed to ator from South Carolina. floor of the Senate on it, but he spent Senator WARNER that I want to discuss Mr. THURMOND. Mr. President, I am a great deal of time, I am sure, putting with my colleagues. not going to take but just a few min- together a statement. It was in the So why do 27,000 fewer Marines need utes. The point that has been raised by RECORD, and I have had a chance to more generals giving them orders? the able Senator is in conference now. study that. Frankly, I still do not un- These are the reasons that I have heard This is not an appropriations matter. derstand the answers. So that is why I so far, and I am going to lay these out, It is in the bill we passed in the Senate. am here today. but my colleagues on the opposite side It will be decided in conference. This is I raise these questions again for one of this issue will discuss these as well. not an authorization bill, this is an ap- reason. The Defense authorization bill First, we have the explanation given propriations bill. The authorization as approved by this body on July 10 on page 279 of the Armed Services Com- bill that the Senate passed includes contains a special provision. That spe- mittee report: certain figures for the Marine Corps cial provision is section 405. Section 405 This increase is intended to permit the Ma- and the number of generals. The House increases the number of generals from rine Corps to have greater representation at is different. So they will decide that 68 to 80. That is 12 more generals. The the general officer level on the Department issue there. House-passed version of the bill con- of Navy/Secretariat staff and in the joint This is an appropriations measure, tains no such authority. As I said, arena. . . . and I think it will be a mistake to even there was very heated debate on this in So, are these folks then, by that ex- consider this here, because it will be the House Armed Services Committee. planation, to become bureaucratic war- settled in conference. The conference The House rejected the request for riors? will determine this matter, and since it more Marine generals. The second argument that is given is is not an appropriations matter, I sug- In 1987, as you can see here, the end that technology has changed the na- gest that we not consider it here, and I strength of the marines was, to be ture of warfare. More generals are ask the able Senator if he will with- exact, 199,525. At that time, the Marine needed to run the battle. Some would draw his amendment and let it be set- Corps had a total of 70 generals, 2 more say this is an exact outgrowth of the tled in conference? than what they have right now. Those Goldwater-Nichols Act of 1986, and that Mr. GRASSLEY. You have asked a 70 generals led the Marine Corps is why this is necessary. I think there very legitimate question, but I was through the gulf war, which would is an awful lot about Goldwater-Nich- hoping to have discussion on it on the have been here in 1990–91. And then, ols that we need to look at that is very floor during the debate on the armed like every other branch, the Marine legitimate. But it is in regard to the ef- services bill. I had asked Senator WAR- Corps began downsizing. The number of ficiency that comes as a result of Gold- NER, who offered to respond to it, but generals during this period of time water-Nichols, not the administrative on that particular day I was speaking, dropped by just 2, to 68. But marine end overhead and waste that Goldwater- he could not respond because he did not strength continued a gradual decline Nichols might generate if misinter- have the answer right then, he wanted until fiscal year 1994, right here, when preted and used as an excuse for in jus- to study it. And that is legitimate. it got down to 174,158. This year it tifying 12 additional generals at this I asked him if he would call me to dropped off again to, to be exact, point. the floor the next day and to give me

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7960 CONGRESSIONAL RECORD — SENATE July 17, 1996 an opportunity to respond. He probably on the Armed Services bill. It is in con- Marine ratio where it is. You do not did not have time, so I am not stating ference. solve the problem by making the Ma- there is fault. I am simply stating what I see the Senator from Idaho, who is rine Corps chubby with generals like I believe to be a fact. So we did not the chairman of that subcommittee, is the Navy is chubby with admirals. have a discussion of this. here now. I will be happy not to make This is what should happen in this Mr. THURMOND. I assure the Sen- a motion to table yet if he wishes to normal downsizing. The number of Ma- ator, it will receive careful consider- speak to the matter. But it is my feel- rines go down, as we have seen here ation in the conference. ing that this is not an appropriate de- from 199,000 down to 172,000. The Army Mr. GRASSLEY. I know that, but I bate for an appropriations bill. has been downsized. The Air Force has think the conference will benefit from We do not deal with force structure. been downsized and the Navy has been a discussion of this issue on the floor of We do not deal with the allocation be- downsized. You have seen a reduction the Senate that we did not have during tween the generals and the enlisted, in the number of general officers. You the authorization bill. That is why I and officers in general, between offi- have seen the Marines keep constant bring it here. I legitimately bring it cers and the enlisted corps, except at during this period of time of here because I am not trying to cut out the request of the Armed Services downsizing. x number of dollars to take it away Committee when we do fund separate I do not find fault with that. I am not from the Defense Department, I am items they have requested. saying that should be necessarily re- So I believe, I say to the Senator, only asking my colleagues to choose duced like the Army, Navy, and Air this is not a proper debate for the ap- the necessity of 12 additional generals Force. But more generals would bring propriations process. I do not say that in the Marine Corps versus the needs of the Marine Corps number down. At a in the sense of judging this Senator’s modernization and a lot of other needs time of budget constraints and at a right to bring the matter to the floor. of the military and have the money time when the Secretary of Defense is But I intend to make a motion to table spent on those needs that Secretary advising us he has to have more money as soon as the Senator has completed Perry has put forth. for the modernization of our military his statement. So I hope that you will agree with me force, I just think that this is a very that even though this does involve the Mr. THURMOND addressed the Chair. The PRESIDING OFFICER. The Sen- wise expenditure of money or a good priority of money within the Defense way to set our priorities in the Defense Department, and that makes it an ap- ator from South Carolina. Mr. THURMOND. Mr. President, I Department. propriations issue, as I see it, I say to just want to say this again. This is not So, as I said, I was hoping that there my distinguished colleague from South an authorization bill. This is an appro- would be a willingness on the part of Carolina, I do not want to withdraw it priations bill. This very item is in con- the Armed Services Committee to dis- at this point. cuss these issues. I see one of the sub- Mr. STEVENS. Will the Senator ference now between the Senate and the House, because they did not agree committee chairman of the Armed yield? Services Committee here. I would like Mr. THURMOND. I will be pleased to with this. I want to assure the Senator to defer to the Senator to speak on this yield. that his point will be carefully consid- Mr. STEVENS. Mr. President, the ered and given every consideration in point because obviously he is here be- ratio of general officers to enlisted that conference. I will see, myself, that cause he disagrees with me. But I want ranks in the Air Force is 1 to 1,380; in it gets careful consideration. to answer some of the points he brings the Army, it is 1 to 1,552; in the Navy, The House and the Senate differ. up, if the Senator has strong opposi- it is 1 to 2,143; in the Marine Corps, it They can arrive at a conclusion as to tion to my amendment. is 1 to 2,558. what decisions should be made. But to Mr. KEMPTHORNE addressed the There are 57 members of the head- bring it up on the floor on another bill, Chair. quarters staff who are of general rank; an appropriations bill, is really not ap- The PRESIDING OFFICER. The Sen- they are admirals in the Navy. There propriate. I assure the Senator again ator from Idaho. are 51 in the Army, 45 in the Air Force that we will give it careful consider- Mr. KEMPTHORNE. Mr. President, I and 18 in the Marine Corps. The Marine ation when we have a conference. And am here to affirm what the chairman Corps has the lowest number of gen- the conference will begin in a few days. of the Senate Armed Services Com- erals. That is the lowest number of In fact, the chairman of the House mittee has stated, what the chairman generals per enlisted ranks, and it has committee and I have talked today of the Senate Subcommittee on De- the lowest number of generals in the about starting this conference right fense Appropriations has stated, and service headquarters. They are more away. We expect to meet tomorrow to the ranking member. This is not the with their troops than the others. The begin this conference. appropriate bill for this type of legisla- The PRESIDING OFFICER. Who others have probably more sweeping re- tion to be attached to. seeks time? sponsibilities in terms of headquarters In the subcommittee dealing with Mr. STEVENS. May I inquire of the military personnel, which I am the staff. I am not being critical to the Senator from Iowa, does he wish to alignment. chairman of, we are dealing with this make any further statement in this re- very issue. I will tell the Senator, with- I say, I do agree with the Senator gard? from South Carolina. We have never Mr. GRASSLEY addressed the Chair. out going into all the details, because, tried to regulate through the appro- The PRESIDING OFFICER. The Sen- again, I say to my friend from Iowa, we priations process the number of general ator from Iowa. are right in the midst of the very dis- officers. The time might come when we Mr. GRASSLEY. First of all, to com- cussions that he is suggesting should take that battle on. But we have not ment on the figures, the ratio, that the take place, we are having them, both done it so far. I see no reason to do it Senator from Alaska gave. I do not among the Senate conferees and the now. think these numbers are exactly like House conferees, as to whether or not The Senator’s amendment would say what he gave, but I think they are very this is an appropriate proposal, and that none of the funds appropriated by close. I have a chart here because I also what the appropriate number this act could be used to support more want to make the very point that the should be. than 68 general officers on active duty Senator was making. I tell the Senator, the Secretary of in the Marine Corps. It is opposed by But what the Senator is suggesting, Defense, the Secretary of Navy, they the Marine Corps, obviously, because the distinguished chairman of the com- all support this proposal. In fact, we they have this, what we call, the tooth mittee, is that we should solve this have a letter from the Secretary of the to tail ratio of 1 to 2,568, which is al- problem that the Marines have—and Navy to Congressman SONNY MONT- most twice that of the Army. And they the Marine ratio is not a problem, the GOMERY discussing this whole issue. have one-third of the general officers fact that they have one general for Part of the rationale for this is because in their headquarters staff than the 2,568 Marines. That is good. That is of the Goldwater-Nichols joint oper- Army does. lean. ation. We have situations where, in So I really urge the Senator again to There has been a downsizing here. joint command, the marines have had not persist. This matter was debated And it seems to me that you keep the to forego

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7961 their responsibility because they do ing interservice conflict and the dupli- Wing; layer 2 is the 2d Marine Expedi- not have the generals to fulfill that cation between services for getting to tionary Force colocated with the divi- role in that joint command. the mission of each service is not being sion; layer 3 is the Marine Corps Forces So we have some legitimate reasons properly met, because the Goldwater- Atlantic colocated with the division; why the marines have asked for this. Nichols Act placed special emphasis and layer 4 is the U.S. Atlantic Com- And you do have, again, the Navy and upon joint operations, joint staff, and mand at Norfolk, VA, under Marine the Secretary of Defense that support joint duty. Corps General Sheehan. this. But as the chairman of the full Now, we agree on that, I am sure. Mr. President, how many of these Armed Services Committee has said, The present Goldwater-Nichols legisla- layers are really needed? Each layer we are in conference discussing this on tion presently exempts 12 joint general exists to command and control ground the appropriate bill, which is the de- officer billets from statutory service air teams of the 2d Marine Division and fense authorization bill, not the appro- seals. So there is already consideration the 2d Marine Air Wing. Two layers priations bill. So, again, I just say to in Goldwater-Nichols for the needs of will get the job done. So, two layers the Senator from Iowa, I think it joint command, joint operations, joint are redundant. would be in our best interest if we staff, and all of that. We should not I am not alone in that view. Maj. could remove this amendment from the consider Goldwater-Nichols—which, by David A. Anderson—and, of course, I do discussion on the appropriations bill. I the way, was passed in 1986—as consti- not know Major Anderson, but he yield the floor. tuting a license to expand joint and wrote an article called ‘‘Stretched Too Mr. STEVENS addressed the Chair. service headquarters when the force Thin,’’ raising questions about our The PRESIDING OFFICER (Mr. structure is shrinking. shrinking budget and about the chal- KEMPTHORNE). The Senator from Now, I quoted in June quite liberally lenges before us to do more with less. Alaska. from Marine Gen. John Sheehan. I am This is an issue from the U.S. Naval In- Mr. STEVENS. Does the Senator sure the Marine command has gotten stitute proceedings, July of this year, from Iowa wish to respond to that to General Sheehan and said to him, right now, in fact. again? ‘‘General Sheehan, call up some Sen- I ask unanimous consent the article Mr. GRASSLEY. I will take some ators and tell them that GRASSLEY of this Marine Corps major be printed time. might be misquoting you or using your in the RECORD. It is from inside the Mr. STEVENS. The Senator from statement out of context.’’ Let me as- Marines, another very good document Alaska is going to move to table the sure you, I have studied what General for my colleagues if this thing is going Senator from Iowa’s amendment, but I Sheehan has said and what I said in to be considered in conference, that my want to be courteous. June, and I am going to say that what colleagues ought to take into consider- Mr. GRASSLEY. I have not sent the General Sheehan said is not out of con- ation. There being no objection, the mate- amendment to the desk yet. I will go text. It is a voice within the Marines rial was ordered to be printed in the ahead, if that is what the Senator arguing that we not have a lot of waste RECORD, as follows: wants me to do. I think the statement on overhead and command, so that the by the Senator from Idaho, the state- Marines can fulfill their responsibility. STRETCHED TOO THIN ment by the Senator from South Caro- General Sheehan talks about excess (By Major David A. Anderson, U.S. Marine Corps) lina indicate that they want to discuss headquarters, but the need for excess this on the basis of procedure and not Realigning to meet the nation’s changing headquarters is generated by general needs will require a painful reorganization— on the basis of substance. So if we can- officers who occupy those headquarters to include standing down the III Marine Ex- not have a debate on this, then I guess that General Sheehan is so worried peditionary Force on Okinawa—but the Ma- I will take advantage of the time for about. rine Corps that emerges can provide a better offering my amendment to express my He said this: ‘‘Headquarters in de- capability for the nation and an improved views in the way of informing my col- fense agencies should not be growing as quality of life for the troops. leagues in this body why I think some the force shrinks. At the end of the The Marine Corps has embarked on a jour- of the arguments that have been used ney into a new era, filled with much uncer- day, we need combat capability in the tainty. This is not new for us; our history is in support of these 12 additional Ma- field.’’ He is—General Sheehan—is filled with such times of challenge and du- rines are not legitimate arguments. I commander and head of the U.S. Atlan- ress that we as Marines have overcome—a appreciate the attention of people who tic Command. time-honored tradition that we have come to are involved in this debate. Headquarters should shrink as the expect of ourselves and our nation of us. This There is only one point of procedure force shrinks. I believe that is what he time, however, our challenge is made greater that I will take advantage of now be- is saying. The joint headquarters by the environmental turbulence within fore I save some time on the substance should replace redundant service head- which we operate; global political uncer- tainty, downsizing, shrinking defense budg- of my amendment. That is, remember, quarters. This should happen as the ets, changing and competing roles and mis- this bill that is before us has the appro- joint headquarters begin to perform sions, increasing societal expectations, the priations for the personnel accounts of the missions previously done by service ever-increasing pace of technology, and the the Department of Defense. headquarters. Joint headquarters were upswing in jointness and operations other The point being made by my two col- not formed to create another redun- than war. leagues on the Armed Services Com- dant layer of bureaucracy. Service The challenge before us is to do more with mittee that this is not something le- headquarters should be reduced or less. We have done this and continue to do so with uncommon vigor and resourcefulness. gitimately discussed in a bill that pro- eliminated as joint headquarters take In fact, no other organization—military or vides the money for the salaries of the charge. That was the whole idea behind otherwise—does a better job of allocating people in the military, including the Goldwater-Nichols reform: to fuse, scarce resources to competing needs and whether or not we ought to have 12 ad- to integrate, and to consolidate, get rid maximizing the benefits than the Marine ditional marine generals, just is not le- of wasteful, overlapping commands, Corps. In spite of this, we are approaching gitimate. There is no more legitimate headquarters, operations, and equip- our threshold of effectiveness, because our point of discussing appropriations and ment. strategy and capabilities are not in sync with today’s environment. the number of slots you are going to Marine Corps commands in North The Marine Corps is affected by two envi- fund than in the very bill that has the Carolina are prime examples of redun- ronments—external and internal—each of appropriated money for the personnel dancy. There are four layers of com- which consists of five broad elements; polit- accounts. mand headquarters for the 2d Marine ical, economic, physical, technological, and Now, the distinguished Senator from Division and the 2d Marine Air Wing societal. The external factors influence the Idaho, who is now in the chair, stated based in North Carolina. Each layer internal policies and practices, which in turn the rationale of the Goldwater-Nichols has command headquarters, generals, influence our values, attitudes, and behavior. Political Elements. The Department of De- legislation. I will respond to that be- large staff, buildings, vehicles, air- fense is in the midst of a congressionally cause I think that if that is the reason planes—the whole works. The four lay- mandated reduction in force. But what we for this, then the rationale behind the ers are as follows: Layer 1 is the 2d Ma- have discovered is that because of the unsta- Goldwater-Nichols legislation of reduc- rine Division and the 2d Marine Air ble nature of global politics, U.S. willingness

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7962 CONGRESSIONAL RECORD — SENATE July 17, 1996 to intervene, and additional requirements to ger, faster, more capable ships in support of waivers other than for minor traffic viola- operate in joint arenas and conduct oper- its maritime prepositioning force. We are tions. As many as 49 of the 57 waivers were ations other than war, operational tempo forced to buy and fix less-capable ships. given at individual recruiting stations. We has not been reduced in proportion to force Most of our shrinking budget, out of neces- are having to compromise our institutional reductions. The Marine Corps’ response has sity, is being spent to sustain operational standards to meet our enlistment goals. In been to improve existing capabilities within forces. This leaves little money to maintain addition, I found a direct positive correla- the reduced force structure and to operate or upgrade existing facilities, including base tion between those enlisting with waivers smarter, using advanced technology and our housing (which is substandard, inadequate, and those who were subject to nonjudicial inherent ingenuity. or un-inhabitable in several locations), or to punishment and first-term attrition. The nut that has yet to be cracked, how- purchase garrison property. Most alarming is Societal pressures and expectations add to ever, is the one that balances operational the backlog of military construction our challenge. For example, we must allow training, operational deployments, and the projects the Marine Corps has accumulated. for and accommodate marriages of our junior morale and welfare of our Marines within During a recent visit to the 2d Force Service Marines, further exacerbating our leadership current personnel and budget restraints. It is Support Group, Major General B. Don Lynch challenge and our need to stretch a dollar. well documented that 10–25% of our active- noted that at current funding levels, it could Many of these young marriages fail, adding duty force is operationally deployed at any take another 100 years to fund our current to an already inordinately high divorce rate one time. The Marine Corps currently is at military construction requirements. among Marines. As these marriages deterio- approximately 87% manning from its peak Physical Element. Many of the facilities in rate, we spend significant time providing years of the mid-1980s. It has the longest which we work and live require extensive counseling and dealing with issues such as training pipeline of all the armed services, renovation or replacement. Complicating our bad debts and alcohol or spousal and child along with requisite school requirements, housing problems is the shortage of base abuse. joint billet requirements, the manning of a quarters in high-cost geographical areas Reshaping for the Future joint task force headquarters, and an inordi- such as Washington, D.C., Southern Cali- This picture leaves much to be desired, but nately high first-term attrition rate (ap- fornia, and Hawaii. Often the wait for quar- it is not all gloom and doom. The short an- proximately 30%). This leaves an effective ters is as long as 12–24 months, and the best swer to our problems is a lot more money operating force of 50–70% of total personnel off-base housing locations are well beyond and many more quality young men and strength. the means of most Marine families. Many women with moral fiber and a strong work In an effort to minimize the impact on the Marines must deal with an excessive com- ethic. Unfortunately, the reality is that our operational force, we have established per- mute time because they cannot find afford- budget most likely will be cut further, our sonal staffing goals, prorate distributions of able off-base housing close to work. Those force will get smaller, and societal values critical military occupational specialties who can afford to buy homes often are reluc- and expectations will not change anytime (MOSs) and ranks, and out-of-hide tables of tant to do so, because they fear having to soon. What remains for the Corps to do is to organization (T/Os). This has created a phe- sell or rent when they are transferred after assess more realistic options—those that nomenon I call ‘‘peg-holing.’’ Let’s say there their typical three-year tours. Furthermore, meet the needs of our nation, preserve our are six people qualified to fill ten billet re- housing allowances often fall short of the integrity, and stay in line with our Com- quirements. Essentially what happens is that true cost of housing. mandant’s planning guidance—and choose respective monitors chase these billets Technological Element. In our rapidly the one that best meets the challenges of through continuous reassignment, with the changing age of technology, the accumula- current and future environmental turbulence squeaky-wheeled command getting the tion of technology doubles every seven and is responsive and quickly adaptable to grease, leaving some other command bone years—faster in some fields. The Marine both new threats and emerging opportuni- dry. As an extreme example, consider the Corps is doing its best to sort through what ties. shortage of 0402 logistics majors within the it can and cannot use or afford. We are dis- The first step in the process is to re-iden- 2d Force Service Support Group. While I was covering that what we can afford will not tify ourselves. Who are we, and what is our assigned to 2d Landing Support Battalion— keep us at the forefront in operational readi- role/mission? As the Commandant has stat- ed, ‘‘The Marine Corps is the nation’s naval, from August 1993 to July 1995—the battal- ness. In many instances, we are able to buy combined arms, expeditionary force in readi- ion’s T/O called for six majors; the staffing only enough promising technologies to keep ness. Our reason for being is what it always goal was two; one was on hand. Another ex- our foot in the door. Often by the time we has been—warfighting.’’ He further states, ample within the same battalion is 0481 land- can afford and fully implement a technology ‘‘It is vital that our organization be designed ing support specialists. The T/O calls for 312; it has become obsolete. on hand were 277, of whom 119 were deployed. We are even having difficulty assessing the with one goal in mind: success on the battle- The remaining 158 Marines then must sup- value of technologies because of personnel field.’’ To this end, the Marine Corps should port day-to-day II Marine Expeditionary shortages. A significant part of adopting new be measured by the return on investment it offers the nation. The two key factors that Force operations, meet annual training re- technologies is recognizing the personnel re- determine return on investment are com- quirements, fill out-of-hide T/O require- quirements to operate and maintain them. petitive effectiveness and strategic respon- ments, and maintain an Air Contingency This has placed us in the situation of having siveness. Force detachment (and also squeeze in to create new MOSs at the expense of oth- Competitive effectiveness is a measure of schooling or annual leave). ers—and thus continue to expand the mis- how well we operate. It can be divided into As additional challenge to our operational sion requirements of our Marines. two submeasures: efficiency in swiftly and force has been the establishment of such new Social Element. The word’s out on the decisively responding to our nation’s needs, military occupation specialities as computer street that what you will get from the Ma- and effectiveness in getting the job done. small systems specialists and the adoption of rine Corps is demanding work, frequent de- Strategic responsiveness is a measure of how systems such as the MAGTF Deployment ployments, substandard living quarters, lit- well we relate to the environment. It also Support System II, which reflect our incor- tle free time, slow promotions, and fewer re- can be divided into two submeasures: poration of advanced technologies. They enlistment opportunities. These impressions, attractiveness, that is, being the force of have come at the expense of other MOSs, be- the abolishment of the draft, and eroding choice; and capability responsiveness, or cause we have imposed the requirement benefits are making it difficult for the serv- whether capabilities match battlefield needs. without increasing overall force strength or ice to attract society’s best and brightest I believe that our force can be structured compromising mission capabilities. The re- young men and women. It is showing in the and equipped better—to meet the changing sult—once again—is an overextended oper- Marine Corps’ first-term enlistments: one- needs of our nation and our Commandant’s ational force. third fail to complete their enlistment con- vision for the future, to preserve the integ- Economic Element. Ever deeper defense tracts. This problem probably is multi- rity of our institutions, improve quality of cuts have come at great expense to the Ma- faceted: there is a prevailing societal atti- life for our Marines, and maximize return on rine Corps, despite our ability to squeeze tude of ‘‘If it doesn’t feel good, don’t do it’’; investment—within current operating re- more value out of every dollar spent. Those many young people are growing up without straints. The proposal is a painful one, but it who entered active service after 1 August healthy role models; and some become dis- can preserve our future as the force of 1986, upon retiring at 20 years, will receive illusioned with the Marine Corps when it choice. We cannot sustain today’s Marine 40% of their base pay instead of the 50% re- fails to meet their expectations. But the Corps and meet tomorrow’s needs. A leaner, ceived by those who entered prior to this most serious contributing factor is that better-equipped, and more-prepared force date. Dependent health care is costing ac- more than 45% of our first-termers enter should be our objective. tive-duty members more each year. Collec- under some type of enlistment waiver—and Our warfighting capabilities should focus tively, our equipment has exceeded it service not just for minor traffic violations. They in- on: life. The Marine Corps procurement budget is clude admitted and frequent drug use, seri- One warfighting Marine expeditionary averaging only 50% of the $1.2 billion it ous offenses, juvenile felonies, and medical force (MEF) capable of organizing a Marine needs annually. Prepositioned war reserves (to include psychological) waivers. air-ground task force (MAGTF) in support of have been depleted to offset nonrepairable I found this figure appalling and unbeliev- a major regional contingency. equipment, and a growing portion of our able, so I decided to put it to the test. I ran- One warfighting MEF capable of organizing budget is being spent to repair aging equip- domly surveyed 125 of my first-termers. To a MAGTF in support of a small-scale re- ment. The Army is acquiring additional big- my surprise, 57—or 45.6%—had entered with gional contingency.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7963 One MEF maintaining a fully capable, ex- It increases the nation’s return on its in- DepComdr, MarForLant. peditionary, joint task force headquarters. vestment in the Marine Corps. ADC, 1st Marine Division. One MEF capable of executing the full It shrinks the strategy-capability gap. ADC, 2d Marine Division. range of operations other than war. This is not a panacea for all our ailments, AWC, 2d Marine Aircraft Wing. The capability to employ three forward op- nor does it completely close our strategy-ca- CG, MCRC/ERR. erating Marine forces in the form of Marine pability gap. It is, however, a necessary step CG, MCRC/WRR. expeditionary units (special operations capa- in the right direction, when coupled with ini- Dir, Warfighting Development Integration ble) (MEU/SOCs). tiatives to get more Department of the Navy/ Division. The capability to employ forward oper- Defense dollars, divest ourselves of unpro- ADC/S P&R (Programs). ating maritime prepositioning squadrons ductive areas, streamline processes, lengthen Joint (NMCC–4). (MPSs) as part of the Marine Corps Maritime tours, shorten promotion time, and improve Joint (USPACOM). Prepositioning Force as logistics support to reenlistment incentives. Joint (USCentCom). a contingency MAGTF. Mr. GRASSLEY. By eliminating re- Joint (USSouthCom). A fully integrated indivisible reserve force. Mr. GRASSLEY. The Marine Corps A force built around this concept could dundant commands, more marine gen- look something like this: erals would be available for joint duty. says that 12 additional generals are Commander, Marine Forces Pacific/I MEF, Unfortunately, that is not what the needed to fill vacant war-fighting posi- with a colocated headquarters at Camp Pen- Marine Corps has in mind. The Marine tions. To the members of the Senate dleton, California, capable of organizing a Corps wants, obviously, to have it both Armed Services Committee, you say in MAGTF in support of one major regional ways. They want to keep generals in your report that they are not needed contingency; employing two forward oper- the old redundant marine head- for war fighting, that they are needed ating Marine forces in the form of a quarters. In fact, the Marine Corps because of the needs within the Pen- MEU(SOC), with one in reserve; and employ- tagon, within the bureaucracy. The ing one operating MPS—with current staff- would like to place at least three of ing goal force structure. these 12 new generals in these overlap- marines themselves say they need the I MEF (Forward), located in Guam or Aus- ping commands. additional generals to fill vacant war- tralia and capable of orchestrating Asian/Pa- Get this: We have 12 more generals. fighting positions. cific Rim contingency operations; a forward You say we need them because of Gold- Now, it seems to me that we ought to logistics base in support of regional contin- water-Nichols. They want to place be able to have the Armed Services gencies and joint training operations; em- three of these new generals in these Committee and the Marine Corps talk- ploying one forward operating MPS. ing off the same song sheet if there is III MEF would be stood down entirely (per- overlapping commands. They want to sonnel and equipment), with equipment re- assign more generals to the new joint a need for it. Those are the Marine distributed to I MEF, II MEF, and headquarters, too. I think the Marine Corps’ own words. I underscore in this prepositioned war reserves; personnel reas- Corps needs to make a choice and to effort the word ‘‘vacant’’—to fill va- signed as needed to support I MEF (Forward) place priorities where they belong. cant war-fighting positions. mission and to fill I MEF and II MEF short- That is the argument, my comment, on First, if you look at these, to say falls, as well as joint task force head- Goldwater-Nichols. that these are war-fighting positions— quarters, joint, and critical non-FMF billets; The second is the use by the Senate and I am using the Marine Corps’ ra- remaining forced reduced through end-of-ac- tionale, not the Armed Services Com- tive-service and retirement attrition. Armed Services Committee of the ra- Commander, Marine Forces Atlantic/II tionale in its report language where it mittee’s rationale—I think that would MEF/Joint Task Force Headquarters, with wants to make very clear that the really be stretching the point. Three of co-located headquarters at Camp Lejeune, extra generals are not needed for war- the positions, by the Marine Corps’ North Carolina, and joint headquarters at fighting jobs. It kind of backs up what own request, are in the Pentagon. I Norfolk, Virginia, tasked with employing I said in regard to the supposed argu- hope I do not insult people when I say one warfighting MEF capable of organizing a ment that we need more generals be- that is not war fighting. I understand MAGTF in support of a small-scale regional cause of the requirements of Gold- that the entire military is dedicated to contingency; employing a fully capable, ex- war fighting, yes, but close to the bat- peditionary, joint task force headquarters; water-Nichols. The Armed Services executing the full range of operations other Committee says they are not needed tlefield, no. than war; employing one forward-operating for war-fighting jobs. Remember, the Two of these generals are for recruit- Marine force in the form of a MEU(SOC) with purpose of our defense is the defense of ing. That is not war fighting. Three are one in reserve; employing one forward-oper- the country. That involves the poten- high-level joint headquarters positions. ating MPS. This includes standing down one tial of going to war. That is war fight- That is not war fighting. Five or six infantry-regiment equivalent and propor- ing. are connected with Marine combat tionate support personnel/equipment, reas- I want to read the language one more forces, and that is getting close to war signing personnel and reducing strength fighting. But now, just reading the re- equivalent through end-of-active-service and time: retirement attrition and redistributing The increase is intended to permit the Ma- quest of what the marines want to do equipment. rine Corps to have greater representation at with 14 additional generals does not Non-FMF/Support Commands capable of the general officer level on the Department fully explain the issue. So you have to sustaining or improving current FMF sup- of Navy Secretariat staff and in the joint dig deeper. port within the present command structure, arena. When you get down to the nitty-grit- with a reduction of personnel strength in Now, that is not war fighting. The ty, Mr. President, you see that few, if line with FMF force reduction and an in- committee is saying that these gen- any, of the new generals would actu- creased number of joint billets, as required. This plan reduces our force strength by erals are needed for bureaucratic in- ally fill vacant—emphasis on ‘‘va- 17,000–22,000, with the following advantages: fighting. That is the way I read it. And cant’’—war-fighting positions. Now, It complies with the Commandant’s plan- where? Maybe in the Pentagon budget that is, again, the Marine Corps ration- ning guidance. wars. ale for these generals, not the Senate It reduces force strength 10–12 percent Now, the Marine Corps tells an en- Armed Services Committee rationale without significantly compromising oper- tirely different story. The Marine for generals. So to back up the asser- ational capabilities. Corps has provided a list of 14 positions tion I just made, you need to examine It reduces overseas deployments by 40–60%, thus saving money and improving force mo- that might be filled with new generals. each proposed billet. I have done that. rale. Now, I know the legislation only To do that, you need two documents. It allows us to divert dollars previously called for 12, but the list covers 14 You need the Department of Defense committed to support deployments and pro- slots. I ask unanimous consent to have directory entitled ‘‘General Officer curement dollars planned for replacing aging the list of these 14 generals for the Ma- Worldwide Roster.’’ I have it here. This equipment to other areas historically ne- rine Corps printed in the RECORD. is the March 1996 issue. And you also glected because of funding shortages, as well There being no objection, the mate- need the ‘‘United States Marine Corps as to innovative technologies and concepts rial was ordered to be printed in the General Officers Position List,’’ pro- that will put us at the cutting edge in expe- RECORD, as follows: ditionary force readiness. vided by the Director of Personnel It makes the Marine Corps more appealing USMC ADDITIONAL AUTHORIZATION REQUEST Management on July 9, 1996. to young men and women, which eventually CG, II Marine Expeditionary Force. If you go down the list—and I am not will allow for more selective recruiting. DepCG, I Marine Expeditionary Force. going to go through all these positions

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7964 CONGRESSIONAL RECORD — SENATE July 17, 1996 because I do not think I have to in grams).—Current Status: Filled by Major Mr. President, war fighting is not the order to justify my statements—you General Thomas A. Braaten (Deputy Chief of driving force behind the proposal for can look at the first position at the top Staff for Programs & Resources is Major additional Marine generals. If it were, General Jeffrey W. Oster). of the list. No. 1, commanding general No. 11. Position: Joint Staff, National Mili- the proposal would be linked to force of the Second Marine Expeditionary tary Command Center.—Current Status: structure. But it cannot be linked to Force. Now then, if you consult the De- Filled by acting** Brigadier General Dennis force structure because, as I have partment of Defense directory, they T. Krupp. shown so many times with my charts— say the position is already filled by Lt. No. 12. Position: Joint, U.S. Southern Com- and I will not get them out again—the Gen. Charles E. Wilhelm. General Wil- mand—Current Status: New Position. structure is shrinking. This happens to helm wears a second hat as commander No. 13. Position: Joint, U.S. Pacific Com- mand—Current Status: New Position (Ma- be the Marines—down from 199,000 in of the Marine Corps Forces Atlantic. rine Corps is represented by Major General 1987 to 172,000 right now. If you look at the second position on Martin R. Steele as Director for Strategic So it seems to me that might not the list, it is deputy commanding gen- Planning & Policy). argue for fewer generals, but it surely eral, First Marine Expeditionary No. 14. Position: Joint, U.S. Central Com- does not argue for 12 more generals. So Force. If you look at the directory in mand—Current Status: New Position (Ma- it had to be hooked up to something the Department of Defense, that posi- rine Corps is represented by Lieutenant Gen- else. That something else is vacant tion is also filled. It is filled by an act- eral Richard I. Neal as Deputy CINC and by headquarter billets. That is what is ing brigadier general, Edward R. Brigadier General Matthew E. Brodrick as Commander Forward Headquarters Element/ driving this. Langston, Jr., a senior colonel doing a Inspector General). The Marine Corps commissioned an general’s job. He wears a general’s in- Recap: 9 filled**; 1 vacant; and 4 new. independent study to figure out exactly signia but is paid as a colonel. In mili- **Six of the nine positions are filled by act- how many more generals were needed tary language, he is ‘‘frocked.’’ General ing brigadier generals. These are senior colo- to fill these posts. The study was con- Langston is the deputy under Gen. An- nels who occupy a general’s billet. He or she ducted by Kapos Associates, Inc. That thony C. Zinni, the commanding gen- wears the insignia of a brigadier general but study is fairly thick, and it was re- eral. Mr. President, I could go through is paid as a colonel. The Marine Corps refers to this status as ‘‘frocked.’’ ferred to by Senator WARNER in his re- all the positions, but the results are Source: Department of Defense, General/ sponse to my statement in June. I do the same. Flag Officer Worldwide Roster, March 1996; not know whether he actually labeled Bottom line: All but one of the exist- Updated and verified by Marine Corps docu- it as the Kapos study. But I think it is ing positions is filled. Only one is actu- ment dated July 9, 1996. the only one he could have been refer- ally vacant. That is why I have said Mr. GRASSLEY. Mr. President, as I ring to. It is entitled ‘‘An Analysis of that the marines say they want an ad- have said, 9 of the 14 proposed general U.S. Marine Corps General Officers Bil- ditional 14 marines to fill vacant war- officers positions are already occupied. let Requirements.’’ It is dated March fighting positions. The Senate Armed Of the nine occupied positions, one is 20, 1996. The Kapos study concluded— Services Committee says they need filled by a lieutenant general, one is this study that I just held up—that the them not for war fighting, but for filled by a major general, one is filled Marine Corps needed—get this. This other purposes. by a general selectee, and six are filled study recommended 37-to-95 more gen- I want to place in the RECORD the by acting brigadier generals. erals to fill key positions. I suppose I status of each of the proposed posts So, Mr. President, it seems like these ought to look at that 37 to 95 and say that I have referred to. I ask unani- vacant—again, I emphasize the word to myself, ‘‘Well, heavens. If they are mous consent that it be printed in the ‘‘vacant’’—war-fighting positions are only going to suggest 12 more, we RECORD. already well covered. They are filled. ought to be happy, and just sit down There being no objection, the mate- Mr. President, there is one thing and shut up.’’ But the Kapos study did rial was ordered to be printed in the about all this that really bothers me, not look at the war-fighting require- RECORD, as follows: and that is the one vacant position. I ments. That is very basic to why I POSSIBLE ASSIGNMENTS FOR NEW GENERALS want to talk about that one vacant po- think you had better be careful when Main argument: The Marine Corps says it sition. Of all of the positions, the va- you quote from this study. It did not needs the additional 12 generals to fill crit- cant one seems like the most impor- look at force structure. It had one ical billets as follows: tant one, and ought to be filled: assist- No. 1. Position: Commanding General, 2ND goal—fill those big, fat headquarter Marine Expeditionary Force.—Current Sta- ant commander of the 2d Marine Divi- jobs sitting out there. The question tus: Filled by Lieutenant General Charles E. sion. It is not like there is a gaping was not in this study: How many gen- Wilhelm. hole in the command structure. As I erals do we need? Instead it was: How No. 2. Position: Deputy Commanding Gen- understand it, the division’s chief of many positions do we fill? In no way eral, 1ST Marine Expeditionary Forces—Cur- staff is doing the job. He is a senior did this Kapos study address the rent Status: Filled by acting** Brigadier colonel, who is getting excellent expe- threat. It did not look at future force General Edward R. Langston, Jr. rience, experience that is preparing No. 3. Position: Deputy Commander, Ma- requirements or the need to downsize. rine Corps Forces Atlantic.—Current Status: him for promotion to general. But if This was a study about how to take Filled by acting** Brigadier General Martin this position is as important as I think and hold important bureaucratic real R. Berndt. it is, why is this position not filled? estate—pure and simple. That is the No. 4. Position: Assistant Division Com- Why is the Marine Corps fattening up engine driving the mushrooming head- mander, 1st Marine Division.—Current Sta- headquarters staff with generals when quarters problem that is so much of a tus: Filled by acting** Brigadier General Jan one of its three divisions is short a gen- C. Huly. concern to General Sheehan of the At- No. 5. Position: Assistant Division Com- eral officer? lantic Command. mander, 2ND Marine Division.—Current Sta- If war fighting is the top priority— As a force shrinks, generals are tus: Vacant. and that is what the Marines say, not flocking to the headquarters. That is No. 6. Position: Assistant Wing Com- what the Senate Armed Services Com- my response to the second argument. mander, 2ND Marine Air Wing.—Current Sta- mittee said—why are so few generals The first one was the Goldwater-Nich- tus: Filled by colonel selected for general. assigned to war-fighting billets? Only ols rationale. No. 7. Position: Commanding General, Ma- 25 percent of all Marine generals are in rine Corps Recruit Depot/Eastern Recruiting The second is what is stated in the Region.—Current Status: Filled by acting** combat posts. About 50 percent of the U.S. Senate Armed Services Com- Brigadier General Jerry F. Humble. Marine generals are in the Washington, mittee report saying that these are not No. 8. Position: Commanding General, Ma- DC, area. Are these misplaced prior- needed for war-fighting capability, and rine Corps Recruit Depot/Western Recruiting ities? Are Marine generals in the wrong that is opposite what the Marine Corps Region.—Current Status: Filled by acting** place? If the Marine Corps is short of said in this document that I put in the Brigadier General Garry L. Parks. generals in war-fighting commands, RECORD, where they want these 14 Ma- No. 9. Position: Director, Warfighting De- then some generals should be moved. velopment Integration Division.—Current rine generals, that that is for war Status: New Position. They should be moved from lower pri- fighting. No. 10. Position: Assistant Deputy Chief of ority command headquarters to top It also sounds like the Marines want Staff for Programs and Resources (Pro- priority combat jobs. to be top-heavy with rank like the

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7965 other services. As I said, the other So CCCI could reduce the need for Mr. NUNN. Mr. President, if it is sat- services are top-heavy. The Marines, having so many generals forward de- isfactory with the Senator from Alas- from the standpoint of general to ma- ployed with the infantry battalions. ka, the chairman of the committee and rine ratio, is a lot more efficient and So I do not understand the need for manager of the bill, I will present an effective. It’s less top-heavy but if this more Marine Corps generals when the amendment at this time, but I would goes through, then that means that the Marine Corps is downsizing. The num- like to make sure it is satisfactory to Marine Corps will be chubby with gen- ber of generals should be decreased as him. eral officers the same way the Navy is the Marine Corps gets smaller. Mr. STEVENS. We are prepared for chubby with admirals at a time of the The request for more generals re- the Senator’s amendment and welcome force is shrinking. I suppose the Ma- minds me of the recent words of Marine it. rines feel like they have been short- Corps Gen. John Sheehan, Atlantic Mr. NUNN. I thank the Senator from changed. Command. I quote him extensively on Alaska. The other services have far more gen- June 18 in my case to freeze the defense Mr. President, this amendment on erals. They probably want a place at infrastructure costs. General Sheehan behalf of myself and Senator LUGAR, the negotiating table in the Pentagon, argues that ‘‘Headquarters should not Senator DOMENICI, Senator WARNER, too. The Army has 291 generals, or 1 be growing as the force shrinks.’’ Senator HARKIN, and others, is filed at general for every 1,748 soldiers. The Continuing to quote, ‘‘The growth in the desk as amendment No. 4453, so I Navy has 218 admirals, or 1 admiral for headquarter staff jobs is threatening call up the amendment. every 1,994 sailors. The Air Force has the military’s war-fighting capabili- The PRESIDING OFFICER. The 274, 1 general for every 1,461 airmen. ties.’’ clerk will report the amendment. The Marine Corps, 68 generals, or 1 for So I think General Sheehan from in- The assistant legislative clerk read every 2,568 Marines. Big is good. Small side the Marines hits the nail on the as follows: is bad. The Air Force is the smallest, head. He has identified the root cause The Senator from Georgia [Mr. NUNN], for or the fattest. The Marine Corps is the of the problem. He helps me understand himself, Mr. LUGAR, Mr. DOMENICI, Mr. WAR- leanest. But we do not fix this problem why the Department of Defense cannot NER, and Mr. HARKIN, proposes an amend- by making the Marine Corps chubby cut infrastructure costs. The growth in ment numbered 4453. like the Navy, for example. But that is headquarter staff is being driven by Mr. NUNN. Mr. President, I ask what happens if we give the Marine one powerful force—excess generals and unanimous consent that reading of the Corps 12 additional generals. We fix admirals searching for a mission. Each amendment be dispensed with. this problem by making other services senior officer needs a place to call a The PRESIDING OFFICER. Without lean like the Marine Corps. home and to hoist a flag. Every senior objection, it is so ordered. In other words, I am suggesting that, officer needs a command, a head- The amendment is as follows: at a time when the Secretary of De- quarters, a base, a staff, or a large de- At the appropriate place in the bill, insert: fense is saying that our primary re- partment of some kind somewhere SEC. . In addition to amounts provided sponsibility is improvement and mod- someplace. Each new general funded in elsewhere in this act, $150,000,000 is appro- ernization of our capability, we ought this bill will need some new piece of priated for defense against weapons of mass to be very cautious about wasting real estate. destruction, including domestic prepared- money on administrative overhead. All of this makes me think that more ness, interdiction of weapons of mass de- struction and related materials, control and The Marine Corps used to be really Marine generals now is not a good idea. disposition of weapons of mass destruction lean and mean. Responding instead, as the Secretary of and related materials threatening the United You will see here, at the height of Defense, Mr. Perry, says, moderniza- States, coordination of policy and counter- World War II, there were 485,000 ma- tion is our greatest need. measures against proliferation of weapons of rines, 72 generals. The 72 generals is So the amendment that I am going to mass destruction, and miscellaneous related about the same as today, 68 to be offer this afternoon would put a lid on programs, projects, and activities as author- exact. But the Marine Corps was three the number of Marine generals at 68 ized by law: Provided, That the total amount times bigger back then—1 general for where it is today, not making a deci- available under the heading ‘‘Research, De- velopment, Test and Evaluation, Defense- every 6,838 marines. sion for the authorization committee, Clearly, the other services are top- Wide’’ for the Joint Technology Insertion as the distinguished members of the Program shall be $2,523,000: Provided further, heavy compared to the Marines. You do authorization committee are saying That the total amount appropriated under not balance the load by making the that I am impinging upon their deci- the heading ‘‘Research, Development, Test Marine Corps top-heavy like the other sion. You go ahead and make whatever and Evaluation, Defense-Wide’’ is hereby re- services. You fix it by making the oth- decision you want. But should we spend duced by $12,000,000: Provided further, That ers less top-heavy, by reducing the money on 12 more Marine generals the total amount appropriated under the number of generals. You fix it by giv- when the force structure has shrunk by heading ‘‘Operation and Maintenance, De- fense-Wide’’ is hereby reduced by $138,000,000. ing them the right number of generals, 27,000? Or should that money instead be a number that matches force structure. spent on modernization, as the Sec- Mr. NUNN. Mr. President, I ask Lastly, the proponents for more Ma- retary of Defense says? It seems to me unanimous consent that minority staff rine generals suggest that technology that is where it belongs. members on the Armed Services Com- creates a need for more generals. That I am going to yield the floor. I still mittee and two congressional fellows— is possible. But the reverse is also pos- have some other pieces of supporting and I send a list to the desk—be ac- sible. Technology could reduce the information and documentation I want corded privileges of the floor during need for so many generals and admi- to put in the RECORD, and I ask to do the Senate’s consideration of votes re- rals. that. lating to the Department of Defense When it comes to technology, you I yield the floor. appropriations bill for fiscal year 1997. The PRESIDING OFFICER. Without ought to take, for instance, CCCI. That AMENDMENT NO. 4453 stands for Command, Control, Commu- objection, it is so ordered. (Purpose: To provide $150,000,000 for defend- nications, and Intelligence. Billions of ing the United States against weapons of The list is as follows: dollars are going to be spent for CCCI. mass destruction, and to provide offsetting MINORITY STAFF MEMBERS That technology gives the top generals reductions in other appropriation Christine E. Cowart. and admirals the capability to run the amounts) Richard D. DeBobes. battle from the Pentagon. It gives Mr. NUNN addressed the Chair. Andrew S. Effron. them the ability to communicate di- The PRESIDING OFFICER. The Sen- Andrew B. Fulford. rectly down to the smallest units oper- ator from Georgia. Daniel B. Ginsberg. ating anywhere in the world. Just read Mr. NUNN. Mr. President, as I under- Mickie Jan Gordon. Creighton Greene. Colin Powell’s book ‘‘My American stand it, there is no amendment pend- Patrick T. Henry. Journey,’’ and you can see how he did ing at this point. William E. Hoehn, Jr. it. He just by-passed all the redundant The PRESIDING OFFICER. The Sen- Jennifer A. Lambert. service headquarters in between. ator is correct. Michael McCord.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7966 CONGRESSIONAL RECORD — SENATE July 17, 1996 Frank Norton, Jr. powers using radiological, chemical, bi- and local governments, academia and Arnold L. Punaro. ological, and nuclear weapons, in my foreign officials. These witnesses de- Julie K. Rief. view, is a top and vital national secu- scribed the threat that we cannot ig- James R. Thompson III. rity interest of this country. nore and which we are, without any CONGRESSIONAL FELLOWS This threat is very different from the doubt, unprepared to handle. CIA Di- Maurice B. Hutchinson. threat of nuclear annihilation with rector John Deutch, for one, candidly DeNeige V. Watson. which our Nation and the world dealt observed, ‘‘We have been lucky so far.’’ Mr. NUNN. Mr. President, the in the cold war after World War II. The release of deadly sarin gas in the amendment that is now the pending During the cold war, both we and the Tokyo subway was a warning bell for business provides funding for Defense Soviet Union recognized that either America. Prior to those attacks in Department activities authorized by side could destroy the other within a Japan, the sect that carried out those the Defense Against Weapons of Mass matter of hours but only at the price of attacks was unknown to United States Destruction Act which was accepted by its own destruction. intelligence and poorly monitored by a 96-to-0 vote 2 weeks ago in this Today, this kind of cataclysmic Japanese authorities. Chamber. That program deals with one threat is greatly reduced, but trag- We received a louder warning bell in of the most urgent national security ically the end of the cold war has not the World Trade Center bombing in problems America faces today, and this brought peace and stability. As a mat- New York. It was here in the United amendment funds the DOD part of that ter of fact, I think we can describe the States, not half a world away. The trial authorization. We have worked very period of the cold war as being one judge at the sentencing of those re- carefully and constructively with the where we had very high risks because sponsible for the New York Trade Cen- appropriations staff, our friends from of the likelihood of escalation, and es- ter bombing pointed out that the kill- Alaska and Hawaii, Senator STEVENS calation would mean the use of weap- ers in that case had access to chemi- and Senator INOUYE. They have both ons of mass destruction when two su- cals to make lethal cyanide gas. Ac- been very strong supporters of this perpowers confront each other all over cording to this trial judge, they prob- overall initiative, and they have been the globe. But during that period of ably put those chemicals into that very cooperative in working with us. high risk we also had high stability be- bomb that exploded. Fortunately, the We did not have the authorization bill cause both superpowers understood the chemicals appeared to have been vapor- drafted in time to get that to the ap- consequence of getting into a nuclear ized by the force of the blast. Other- propriators for their consideration in war and therefore did everything they wise, the smoke and fumes that were their normal markup activities. There- could to prevent it, including control- drawn into and up through the tower in fore, we have this amendment in the ling clients and allies so that we would New York would have been far, far Chamber today. not have wars that could escalate in- more lethal. This amendment, as I have said, volving the two superpowers. So according to this opinion by the deals with one of the most urgent na- We have moved into another era now. trial judge, Mr. President, we have al- tional security problems facing Amer- We are in a period of much lower risk, ready had a major chemical attempt in ica today. I have just come from a but because we do not have those su- this country. press conference with Bob Ellsworth perpowers contending and con- We had a third warning bell in the and General Goodpaster and others, Dr. straining, we are in a period of lower bombing of the Alfred P. Murrah Fed- Rita Hauser, where they have spent a stability, lower risk but lower sta- eral Building in Oklahoma City. This number of months with a very distin- bility. Some of those States that we showed yet again the ease of access to guished panel, including the Senator call rogue nations, fanatic groups, simple, widely available commercial from Arizona, Mr. MCCAIN; the Senator small disaffected groups, and sub- products that, when combined, can pro- from Florida, Mr. GRAHAM; Congress- national factions or movements that vide powerful explosives. man PAT ROBERTS; Brent Scowcroft; hold various grievances against the This kind of knowledge can also give and others. U.S. Government have increasing ac- us the threat of chemical weapons. That report, which sets forth Amer- cess to and knowledge about the con- This knowledge and much more is ica’s vital interests and distinguishes struction of weapons of mass destruc- available over the Internet today to those vital interests from extremely tion. Individuals and groups are not millions and millions of people. important interests and distinguishes likely to be deterred from using weap- Our purpose here today is not to both of those categories from less im- ons of mass destruction by the clas- frighten anyone, certainly not to portant interests, makes an enormous sical threat of overwhelming retalia- frighten the American people. It is to contribution to the dialog we should tion. Most of them do not have a re- persuade the Congress that we face a have in this country about what is turn address so we do not know where new and a very severe national secu- truly in the vital interests of America. they are in many cases, let alone have rity threat for which American Gov- By the term ‘‘vital,’’ I mean interests a real fix on how to deter them. These ernment at all levels—State, local and that are so strong and have so much ef- groups are not deterred by the threat Federal—are at this stage woefully and fect on the American people, their se- of a nuclear counterstrike, and a na- inadequately prepared. We must begin curity and their well-being that we are tional missile defense system, no mat- now, today, to prepare for what surely willing to fight if necessary and send ter how capable, is irrelevant to them. threatens us already. To do this effec- our young men and women to war if These subnational groups and terrorist tively we must take the expertise that necessary to protect those interests. groups are the primary focus of our has been built up over the years in It is very clear in reading that report threat today. both the Department of Defense and that one of the top vital interests of Mr. President, the Permanent Sub- Department of Energy and make it the United States is to prevent this committee on Investigations held a se- available to Federal, State and local country from being the victim of at- ries of hearings over the last year, the emergency preparedness and emer- tacks with weapons of mass destruc- subcommittee chaired by Senator gency response teams. There is much tion from terrorist groups and, in order ROTH. I have chaired it in the past and to do to prepare our State and local to do that, to do everything we can am now the ranking Democrat member governments for this threat. Doing it possibly do to get ready for that and to on it. We had hearings, a whole series will require leadership from the people deter it and prevent it by stopping of hearings over the last year. Senator who know about it and who have exper- these weapons at the source before LUGAR has had hearings in the Foreign tise in it, that is the Department of De- they get to this country and, if they do Relations Committee, and the hearings fense and the Department of Energy. get here, God forbid, doing something have been about the proliferation of There is simply no other practical about it and being prepared to deal weapons of mass destruction. At those source. with it. hearings, we heard from representa- In the authorization bill we make it This threat of attack on American tives of the intelligence and law en- clear we hope to move this function cities and towns by terrorists, mal- forcement communities, the Defense over a period of time to the Federal contents, or representatives of hostile Department, private industry, State Emergency Management Agency or

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7967 other appropriate agencies, but today selves because they are not equipped or and stack it with some other amend- we have no choice. If we are going to trained to deal with this kind of ment if we do have a rollcall, that is deal with this problem, it has to be threat. fine with the authors. dealt with by people who have the This amendment is fully offset in Mr. STEVENS. We are using rollcall training and equipment and know-how achievable savings from various De- votes, when we do have them, to sort of and expertise, and that is the Depart- partment of Defense accounts. The flush out other amendments, so I would ment of Energy and the Department of total here is $150 million, which is com- be pleased to have a vote or not have a Defense. pletely offset so this does not increase vote but we will discuss it and I will The time to do this is now, not after the bill in terms of total amount. I am withhold the request. we suffer a great tragedy. Like many of convinced we must address this issue The PRESIDING OFFICER. The Sen- my colleagues, I believe there is a high before the unthinkable happens in this ator from Indiana is recognized. likelihood that a chemical or biologi- country. Mr. LUGAR. Mr. President, prior to cal incident will take place on Amer- Can we afford to dismiss the possi- the Fourth of July recess, the Senate ican soil in the next several years. I bility that another World Trade Center passed an amendment to the DOD au- hope and pray that does not happen. or Oklahoma City bombing could in- thorization bill offered by Senators But we do not want to be in a posture volve chemicals, biological weapons, or NUNN and DOMENICI and myself that of demanding to know why were we not radioactive materials? If we do ignore was entitled the ‘‘Defense Against prepared. this threat, we do so at our own great Weapons of Mass Destruction Act of This training and equipment function peril. The trends are clear. More na- 1996.’’ The vote on that amendment was is the heart of the act, but it is not the tions and groups are exploiting the in- 96 to 0. whole act. Other parts are designed to creased availability of information, Last week, the Senate voted final beef up our capability to detect and technology and materials to acquire passage of the Defense authorization interdict weapons of mass destruction mass destruction or mass terror capa- bill, that contained our amendment. and their components before they bilities. There is no reason to believe The amendment we are offering to reach the United States. In addition, that they are not willing to use them. the DOD appropriations bill is designed the authorization act allocates some I have heard too many experts, whose to appropriate the resources to imple- funds for expansion and continuation opinions and credentials I respect who ment the programs outlined in our of the original Nunn-Lugar concept have vast experience in this area, tell amendment to the DOD authorization through very important high-priority me it is not a question of if, but only of bill, and to provide offsetting reduc- programs run both by the Department when. tions in other appropriation amounts. of Energy and by the Department of I believe this legislation, while only To refresh the memories of my col- Defense. a beginning, responds to a very urgent leagues, our amendment to the author- Finally, the act establishes a coordi- national security concern of our Na- izing legislation dealt with one of the nator in the office of the President of tion and I believe it is a strong begin- most urgent national security prob- the United States, to address serious ning. So I urge my colleagues to sup- lems America faces. That is, the threat deficiencies in the coordination of ac- port the amendment. of attack on American cities and towns tivities across the many Federal, State I see my colleague and friend on the by terrorists or representatives of hos- and local agencies who have some re- floor, the Senator from Indiana, so I tile powers using radiological, chem- sponsibility for portions of the overall yield the floor. ical, biological, or nuclear weapons. program. Mr. STEVENS. Will the Senator The current state of our domestic The amendment I propose today, yield just one moment? Would he be in- readiness to deal with these kind of at- with my colleague and partner, Sen- terested in a time agreement on this tacks is woefully inadequate. Our ator LUGAR, and Senator DOMENICI, amendment? amendment sought to begin today to provides funds for the portions of this Mr. NUNN. I would say, we can enter prepare for what surely threatens us act that are conducted by the Depart- into a time agreement very easily. I already. ment of Defense. It is certainly my think we could also simply make a cou- There were three basic elements or hope the Department of Energy fund- ple of more speeches and have a vote or components to our amendment to the ing will be in the appropriate appro- order a vote and stack the vote, when- DOD authorization bill. The first com- priation bill when it comes forward. ever the Senator from Alaska would ponent stemmed from the recognition Specifically, these activities include like to do so. that the United States cannot afford to the training of local first responders on Mr. STEVENS. We are prepared to rely on a policy of prevention and de- dealing with a chemical or biological accept the amendment without a vote. terrence alone, and therefore must pru- terrorist incident; providing assistance Mr. NUNN. I would like to consult dently move forward with mechanisms to the U.S. Customs Service and cus- and talk with the Senator from Indiana to enhance preparedness domestically toms services in the former Soviet on that, but I appreciate the Senator’s not only for nuclear but chemical and Union, Baltics, and Eastern Europe in expression. biological incidents as well. interdicting such materials; stepping Mr. STEVENS. Could we agree to an- Our hearings over the past year dem- up research and development efforts— other 20 minutes on this amendment? onstrated that the United States is and this is enormously important—in Mr. NUNN. I have concluded my re- woefully unprepared for domestic ter- developing technologies that can de- marks. I think the Senator from Indi- rorist incidents involving weapons of tect chemical and biological weapons ana indicates that will be acceptable to mass destruction. Although recent and materials; and bolstering programs him. Presidential decision directives address in the original Nunn-Lugar program Mr. STEVENS. Mr. President, I ask the coordination of both crisis and con- that are designed to stop these mate- unanimous consent there be a vote on sequence management of a WMD inci- rials at their source, which is by far this amendment—we will not make a dent, the Federal Government has done the best way and most efficient way motion to table it—if desired by the too little to prepare for a nuclear and the safest way to protect our own sponsors, at no later than 4:15 today. threat or nuclear detonation on Amer- country and prevent the use of such The PRESIDING OFFICER. Is there ican soil, and even less for a biological materials here in America. objection? or chemical threat or incident. Mr. President, when I use the term Mr. STEVENS. I will withhold that This is particularly true with regard ‘‘first providers,’’ I am talking pri- request for a minute. to the training and equipping of the marily about firemen, policemen and Mr. NUNN. Just reserving the right local first responders—the firemen, po- health officials who would rush to the to object, whatever the Senator wants lice, emergency management teams, scene and, in virtually every exercise to do on a rollcall vote will be fine. I and medical personnel who will be on we have had, the second tier fatalities would like to have a rollcall vote but I the frontlines if deterrence and preven- have come in these categories, people will consult with him on that. But in tion of such incidents fail. Our amend- who rush to the scene to help the vic- terms of the order, if the Senator pre- ment sets forth several common-sense tims and end up being victims them- fers to order this at some later time measures that could greatly improve

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7968 CONGRESSIONAL RECORD — SENATE July 17, 1996 our readiness to cope with a domestic for the creation of a national coordi- Events from Oklahoma City to incident involving weapons of mass de- nator for nonproliferation and Tokyo show that there is a major secu- struction. counterproliferation policy in order to rity risk in the ordinary—a rental Almost all of the expertise in defend- provide a more strategic and coordi- truck or a subway. Training local ing against and acting in response to nated vision and response. emergency officials to recognize the such chemical and biological threats This portion of our amendment ad- signs of weapons of mass destruction in and their execution resides in the De- dressed three serious deficiencies in these mundane circumstances will help partment of Defense which has worked planning for contingencies at home oc- prevent these insidious attacks in the to protect our Armed Forces against casioned by the threats posed by weap- first place. Further training will allow chemical and biological attack. It is ons of mass destruction. First is the local officials to ameliorate the impact our belief that this expertise must be lack of coordination of activities should such a tragedy occur. utilized and can be utilized without in- across the many Federal agencies who Mr. President, this is the right fringing on DOD’s major missions or on have some responsibility for some por- amendment at the right time for the our civil liberties. tions of the overall problem. Second is people of Iowa and the United States. If The second component addressed the the lack of coordination of Federal my colleagues care about protecting supply side of these materials, weap- agencies and activities with those of Americans on American soil, I urge ons, and know-how in the states of the the States and local governments who them to support this amendment. former Soviet Union and elsewhere. will be the first to bear the brunt of Mr. STEVENS addressed the Chair. Building on our prior Nunn-Lugar/CTR any attacks. The PRESIDING OFFICER (Mr. experience, and recognizing that it is Third, is the lack of national secu- THOMPSON). The Senator from Alaska. far more effective, and less expensive, rity funding in many of the Federal Mr. STEVENS. Mr. President, we to prevent proliferation in the first agencies whose actions must ulti- concur in the statements made by the place than to face such weapons on the mately be integrated with those of the Senator from Georgia and the Senator battlefield or the school playground, Department of Defense and the Depart- from Indiana. The Senator from Hawaii our amendment included counter- ment of Energy. and I support the amendment. We are measures intended to firm up border To support a comprehensive approach prepared to either accept it or to have and export controls, measures to pro- to nonproliferation, our amendment a rollcall vote. What is the desire of mote and support counterproliferation provided that a national coordinator the Senator from Georgia? research and development, and en- should chair a new Committee on Pro- Mr. NUNN. I would like to have a hanced efforts to prevent the brain- liferation, Crime, and Terrorism, to be rollcall vote, if that is satisfactory drain of lethal know-how to rogue established within the National Secu- with the floor managers, but I will do states and terrorist groups. rity Council. That committee should it at whatever time is convenient. We seek to capitalize on the progress include the Secretaries of State, De- Mr. STEVENS. Mr. President, I ask achieved in dismantling nuclear weap- fense, Energy, the Attorney General, unanimous consent that the rollcall ons of the former Soviet states and in the Director for Central Intelligence, vote on this amendment take place at preventing the flight of weapons sci- and other department and agency 4:15 and not be subject to second-degree entists over the past 5 years and to ex- heads the President deems necessary. amendments; that the rollcall start at pand the core mission of the program This committee within the National 4:15. so as to address strategically the Security Council should serve as the The PRESIDING OFFICER. Without emerging threats that compromise our focal point for all government non- objection, it is so ordered. domestic security. The resources that proliferation, counterproliferation, law Mr. STEVENS. I suggest the absence will be required to implement pro- enforcement, intelligence, of a quorum. grams proposed in the amendment are counterterrorism, and other efforts to Mr. INOUYE addressed the Chair. not intended to supplant, but rather to combat threats to the United States Mr. STEVENS. I withhold that. supplement, current Nunn-Lugar fund- posed by weapons of mass destruction. Mr. NUNN. Mr. President, do we need ing levels. Mr. President, our colleagues in the the yeas and nays on the amendment? In addition to enhanced efforts to se- Senate gave overwhelming support last I ask for the yeas and nays. cure the weapons and materials of month to our amendment by a vote of The PRESIDING OFFICER. Is there a mass destruction, we must recognize 96 to 0. sufficient second? that the combination of organized This amendment to the Department There is a sufficient second. crime, porous borders, severe economic of Defense appropriations bill provides The yeas and nays were ordered. dislocation, and corruption in the the resources to carry out the criti- AMENDMENT NO. 4885 states of the former Soviet Union has cally important programs established (Purpose: To provide $3,000,000 for the greatly increased the risk that lethal in our amendment to the authorization Operational Field Assessment Program) materials of mass destruction as well bill. Mr. INOUYE. Mr. President, on be- as the know-how for producing them We hope for an equally overwhelming half of Senator HEFLIN, I send an can pass rather easily through the bor- vote in support of this amendment to amendment to the desk and ask for its ders of the former Soviet Union. While fully fund these programs. immediate consideration. much of the risk still resides in the I thank the Chair. The PRESIDING OFFICER. The four nuclear states of the former So- Mr. HARKIN. Mr. President, I com- clerk will report. viet Union, there is also great risk in mend my colleagues, Senators NUNN, The assistant legislative clerk read the states of the southern tier and the LUGAR, and DOMENICI, for developing as follows: Caucasus. This region shares common this amendment which is a good first The Senator from Hawaii [Mr. INOUYE], for borders with nations in the Middle step in addressing the principal secu- Mr. HEFLIN, for himself, and Mr. SHELBY, East and poses a substantial smuggling rity threat facing the citizens of the proposes an amendment numbered 4885. threat. United States today. I am pleased to Mr. INOUYE. Mr. President, I ask Although Nunn-Lugar programs have join them in sponsoring this important unanimous consent that the reading of begun to offer training and equipment antiterrorism proposal. I have always the amendment be dispensed with. to establish controls on borders and ex- been in favor of the wise use of tax- The PRESIDING OFFICER. Without ports throughout the former Soviet payers’ funds and this amendment objection, it is so ordered. Union, much more needs to be done. meets that test. We have to be pre- The amendment is as follows: The last and major component of our pared to combat terrorism. On page 31, line 6, strike out ‘‘1998.’’ and in- amendment to the Department of De- Currently we have precious few sert in lieu thereof ‘‘1998: Provided, That of fense authorization bill stemmed from means to deal with the threat of a ter- the funds appropriated in this paragraph, the recognition much of the current ef- rorist attack of any kind, let alone nu- $3,000,000 is available for the Operational fort to deal with the NBC threat cross- clear, chemical, or biological ter- Field Assessment Program.’’. cuts numerous Federal departments rorism. This amendment focuses on Mr. HEFLIN. Mr. President, I rise and agencies and highlights the need that vacuum. today to offer an amendment to the

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7969 Defense appropriations bill to enable Mr. INOUYE. Mr. President, I move ‘‘OPLAN 34A’’, or its predecessor, and to Vi- the Department of Defense to initiate a to reconsider the vote by which the etnamese operatives captured and incarcer- program called Operational Field As- amendment was agreed to. ated by North Vietnamese forces while par- sessments. The warfighter, as a result ticipating in operations in Laos or along the Mr. STEVENS. I move to lay that Lao-Vietnamese border pursuant to ‘‘OPLAN of lessons learned from Desert Storm, motion on the table. 35’’, who died in captivity or who remained Desert Shield, and Bosnia, needs this The motion to lay on the table was in captivity after 1973, and who have not re- quicker way of evaluating joint tactics, agreed to. ceived payment from the United States for doctrine and procedures. AMENDMENT NO. 4886 the period spent in captivity. The Operational Field Assessment is (Purpose: To set aside $3,000,000 for accelera- Mr. INOUYE. Mr. President, this a nontraditional, field executed evalua- tion of a program to develop thermally sta- amendment appropriates $20 million tion that pits the warfighter, that is ble jet fuels using chemicals derived from for payments to Vietnamese com- the pilot, ship driver, or tank com- coal) mandos who were captured and incar- mander, against multiple threat hard- Mr. STEVENS. Mr. President, I have cerated by North Vietnamese forces ware pieces, operated with changeable an amendment which I send to the desk while they were engaged in covert ac- technical parameters, as would be en- on behalf of Senator SANTORUM. tivities pursuant to United States op- countered in a specific unified com- The PRESIDING OFFICER. The erations. mand’s combat environment. The re- clerk will report the amendment. These operations were joint United quirements to be satisfied and the sce- The legislative clerk read as follows: States-South Vietnamese intelligence- narios to be executed are driven pri- The Senator from Alaska [Mr. STEVENS], gathering operations. And approxi- marily, by a command intelligence ele- for Mr. SANTORUM, proposes an amendment mately 500 Vietnamese operatives, ment, working in concert with the numbered 4886. some civilians, some members of the command’s operations personnel. It is Mr. STEVENS. Mr. President, I ask Army, were recruited by the Govern- patterned after the threat, conducted unanimous consent that the reading of ment of South Vietnam. And we pro- with a ‘‘human-in-the-loop’’ approach, the amendment be dispensed with. vided training and funding, including and has no preconceived outcomes. The The PRESIDING OFFICER. Without salaries, allowances, bonuses and death object is to learn from the experience. objection, it is so ordered. benefits. The majority of these The Operational Field Assessment The amendment is as follows: operatives were captured. They were can be conducted on a large scale with tried for treason by the north, and im- On page 30, line, 2, before the period at the multiple weapons and complex sce- end insert ‘‘: Provided, That of the funds ap- prisoned in North Vietnam until the narios, or on a small scale with a few propriated under this heading, $3,000,000 shall 1980’s. weapons and simple scenarios as re- be available for acceleration of a program to Declassified Department of Defense quired by the command. It can be exe- develop thermally stable jet fuels using documents suggest that the Defense cuted jointly or in a combined environ- chemicals derived from coal’’. Department systematically wrote off ment with our allies. It involves a host Mr. STEVENS. Mr. President, this the commandos known to be in cap- of expert organizations; ranging from funds an item that is specifically in the tivity as dead in order to avoid paying the various Scientific and Technical authorization bill concerning coal re- monthly salaries. The death benefits Intelligence Centers, owners of foreign search. It has been cleared. were paid to the next of kin. Many of material hardware, test ranges, re- The PRESIDING OFFICER. Without the commandos spent 20 years or more search and development entities, and objection, the amendment is agreed to. in prison. This amendment would pro- the services, to name a few. The The amendment (No. 4886) was agreed vide the funds to repay each commando DOT&E has assumed OSD advocacy for to. a lump sum of $40,000. This amendment the OFA because the critical experi- Mr. STEVENS. Mr. President, I move has been cleared by the managers of ence and expertise necessary to plan, to reconsider the vote by which the this measure. It has the approval of the execute, and evaluate the results of amendment was agreed to. administration. Mr. STEVENS. Mr. President, this joint operational field assessments re- Mr. INOUYE. I move to lay that mo- amendment, as I understand it, is co- sides primarily in the DOT&E Office. tion on the table. sponsored by Senator KERREY and Sen- The OFA program will also be invalu- The motion to lay on the table was ator MCCAIN, two of our Members who able in improving the future acquisi- agreed to. tion oversight of joint OT&E. The Di- should know more about this subject AMENDMENT NO. 4451 than anyone else. I am pleased to sup- rector, OT&E, has created a MOU with (Purpose: To set aside $20,000,000 for payment Defense Intelligence Agency, the Na- port it, but I point out it is limited. It to certain Vietnamese commandos cap- is limited to the authorization. I do not tional Security Agency, and the Na- tured and interned by North Vietnam) tional Reconnaissance Office to assist think it ought to be expanded beyond Mr. INOUYE. Mr. President, on be- the scope as defined in the original au- in support of this program. It is a new half of Senators KERRY and MCCAIN, I approach to provide our warfighters thorization. I urge the adoption of the ask for the immediate consideration of amendment. with valuable, needed, and usable intel- amendment No. 4451. ligence information in an era when we The PRESIDING OFFICER. The The PRESIDING OFFICER. The question is on agreeing to the amend- must be smarter with our fiscal re- clerk will report the amendment. sources. Our warfighters need it and I ment. The assistant legislative clerk read The amendment (No. 4451) was agreed fully support it. Due to the urgent re- as follows: to. quirement of this program, I urge my The Senator from Hawaii [Mr. INOUYE], for Mr. STEVENS. I move to reconsider colleagues to fully support this amend- Mr. KERRY, for himself, and Mr. MCCAIN, pro- the vote. ment. poses an amendment numbered 4451. Mr. INOUYE. I move to lay that mo- Mr. INOUYE. Mr. President, this Mr. INOUYE. Mr. President, I ask tion on the table. amendment earmarks funds for the unanimous consent that the reading of The motion to lay on the table was Operational Field Assessment Pro- the amendment be dispensed with. agreed to. gram. It is to provide our commanders The PRESIDING OFFICER. Without AMENDMENT NO. 4887 an innovative, flexible and timely re- objection, it is so ordered. Mr. STEVENS. Mr. President, I send sponse in the innovation of solutions to The amendment is as follows: to the desk an amendment for the Sen- war-fighting identified deficiencies. On page 88, between lines 7 and 8, insert ator from Utah, [Mr. BENNETT]. This has been cleared by both sides, The PRESIDING OFFICER. The Mr. President. the following: EC clerk will report. Mr. STEVENS. We support the S . 8099. Of the total amount appropriated under title II, $20,000,000 shall be available The legislative clerk read as follows: amendment, Mr. President, and I ask subject to authorization, until expended, for The Senator from Alaska [Mr. STEVENS] for the adoption of the amendment. payments to Vietnamese commandos cap- for Mr. BENNETT, proposes amendment num- The PRESIDING OFFICER. Without tured and incarcerated by North Vietnam bered 4887. objection, the amendment is agreed to. after having entered the Democratic Repub- On page 29, line 20, strike ‘‘Forces’’ and in- The amendment (No. 4885) was agreed lic of Vietnam pursuant to operations under sert in lieu therefore ‘‘Forces: Provided fur- to. a Vietnam era operation plan known as ther, That of the funds available under this

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7970 CONGRESSIONAL RECORD — SENATE July 17, 1996 heading, $1,000,000 is available for evaluation stroyed an Iraqi ammunition storage AMENDMENT NO. 4453 of a non-developmental Doppler sonar veloc- facility in March, 1991. The Depart- Mr. DOMENICI. The Senator has 30 ity log’’. ment of Defense further announced seconds before the vote. I ask the Sen- Mr. STEVENS. Mr. President, this is that other events and locations would ator, could I have 30 seconds? the amendment of the Senator from be examined to determine whether or Mr. STEVENS. Yes. Utah. It seems to be very much in not additional military personnel were Mr. DOMENICI. I was not here when order as far as we are concerned. It is exposed to chemical warfare agents. Up Senator NUNN and Senator LUGAR for an investigation of an entirely new to this point, the Department of De- spoke on this amendment. I have been concept. I believe the Senator from Ha- fense had maintained that no personnel part of preparing the amendment. It waii has also cleared this. were exposed to chemical warfare has more facets than that which we are Mr. INOUYE. We have no objection. agents, so no scientific research on the talking about here. But I want to Mr. STEVENS. Mr. President, I urge link between the soldier’s illnesses and thank Senator STEVENS. He attended a session where these ideas were the adoption of the amendment. these agents had been conducted. My thrashed around by some of America’s The PRESIDING OFFICER. The amendment would remedy that situa- experts and concerned people from the question is on agreeing to the amend- tion by providing $10 million for badly laboratories and various branches of ment. needed independent scientific research The amendment (No. 4887) was agreed the military. on this topic. I wholeheartedly support this amend- to. Many soldiers have maintained that Mr. STEVENS. I move to reconsider ment. I hope the Senate will adopt it. their illnesses resulted from their war- It is obvious to most of us, who are the vote. time service in the Gulf, whether from looking around this world, that Amer- Mr. INOUYE. I move to lay that mo- chemical warfare agents or from other ica’s most serious security problem has tion on the table. hazardous exposures. Some of these changed dramatically, and it is now The motion to lay on the table was soldiers suffer an additional, tragic, the threat of biological and chemical agreed to. problem. Their children born after the weapons of mass destruction. It will be AMENDMENT NO. 4888 war have birth defects or catastrophic very hard to contain them and locate (Purpose: To set aside $10,000,000 for inde- illnesses that these soldiers believe are them and to get a management scheme pendent scientific research on possible the result of their wartime exposures. with high technology and science to causal relationships between gulf war serv- No independent scientific research has ice and gulf war syndrome) find out more about them and to be been conducted on this link, although able to defend ourselves, but I think Mr. INOUYE. Mr. President, on be- medical literature suggests that chem- this is a step in the right direction get- half of Senator BYRD, I send to the ical warfare agents are teratogens. ting our communities prepared. I desk an amendment and ask for its im- That is, they are believed to cause wholeheartedly support it. mediate consideration. birth defects and other problems in The PRESIDING OFFICER. The The PRESIDING OFFICER. The children of exposure victims, according question occurs on agreeing to the clerk will report. to the Institute of Medicine and the amendment No. 4453 offered by the Sen- The assistant legislative clerk read Stockholm International Peace Re- ator from Georgia [Mr. NUNN]. The as follows: search Institute. In the Defense Au- yeas and nays have been ordered. The The Senator from Hawaii [Mr. INOUYE], for thorization bill, I offered an amend- clerk will call the roll. Mr. BYRD, proposes an amendment numbered The legislative clerk called the roll. 4888. ment that would provide medical care for these children until scientific evi- The result was announced—yeas 100, Mr. INOUYE. Mr. President, I ask dence determines whether this link is nays 0, as follows: unanimous consent that further read- verified. So, I expect that the Depart- The result was announced—yeas 100, ing of the amendment be dispensed nays 0, as follows: ment of Defense will move quickly to with. obligate these funds, and to include in [Rollcall Vote No. 195 Leg.] The PRESIDING OFFICER. Without the research an examination of the pos- YEAS—100 objection, it is so ordered. sible link between chemical warfare Abraham Ford Mack The amendment is as follows: Akaka Frahm agent exposure and birth defects. McCain On page 33, line 2, before the period at the Ashcroft Frist McConnell end insert: ‘‘: Provided, further, That of the Mr. INOUYE. Mr. President, this Baucus Glenn Mikulski amendment provides $10 million within Bennett Gorton Moseley-Braun funds appropriated under this heading, Biden Graham $10,000,000 shall be available for scientific re- the funding available for defense Moynihan Bingaman Gramm Murkowski search to be carried out by entities inde- health programs to research the gulf Bond Grams Murray Boxer Grassley pendent of the Federal Government on pos- war syndrome. This measure has been Nickles Bradley Gregg sible causal relationships between the com- authorized by the Senate, and it has Nunn plex of illnesses and symptoms commonly Breaux Harkin been cleared by both sides. Brown Hatch Pell known as ‘‘Gulf War syndrome’’ and the pos- Pressler Mr. STEVENS. Mr. President, this is Bryan Hatfield sible exposures of members of the Armed Bumpers Heflin Pryor Forces to chemical warfare agents or other money earmarked within existing Burns Helms Reid hazardous materials during service on active funds as was previously ordered by the Byrd Hollings Robb duty as a member of the Armed Forces in the authorization bill, and we believe it is Campbell Hutchison Rockefeller Southwest Asia theater of operations during in order. Chafee Inhofe Roth the Persian Gulf War’’. Coats Inouye Santorum The PRESIDING OFFICER. The Cochran Jeffords Sarbanes PERSIAN GULF SYNDROME question is on agreeing to the amend- Cohen Johnston Shelby Mr. BYRD. Mr. President, the amend- ment. Conrad Kassebaum Simon Coverdell Kempthorne ment that I am offering will designate Simpson The amendment (No. 4888) was agreed Craig Kennedy Smith $10 million from within the funds allo- to. D’Amato Kerrey Snowe cated to the Defense Health Program Daschle Kerry Specter Mr. STEVENS. I move to reconsider DeWine Kohl Stevens to investigate the possible links be- the vote. Dodd Kyl Thomas tween exposure to chemical warfare Domenici Lautenberg Mr. INOUYE. I move to lay that mo- Thompson agents and what has come to be called Dorgan Leahy tion on the table. Thurmond ‘‘Gulf War Syndrome.’’ I understand Exon Levin The motion to lay on the table was Faircloth Lieberman Warner that the amendment has been cleared Wellstone agreed to. Feingold Lott by the managers of the bill, and I Feinstein Lugar Wyden Mr. STEVENS. Mr. President, I be- thank them for their assistance. On The amendment (No. 4453) was agreed lieve it is in order now for us to pro- June 21, 1996, the Department of De- to. fense announced that between 300 and ceed with the recorded vote. Mr. STEVENS. Mr. President, I move 400 U.S. soldiers may have been ex- Mr. DOMENICI addressed the Chair. to reconsider the vote. posed to the chemical warfare agents The PRESIDING OFFICER. The Sen- Mr. LOTT. I move to lay that motion sarin and mustard gas when they de- ator from New Mexico. on the table.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7971 The motion to lay on the table was SEC. 3. NATIONAL GAMBLING IMPACT STUDY by majority vote any other rules for the con- agreed to. COMMISSION. duct of the Commission’s business, if such (a) ESTABLISHMENT OF COMMISSION.—There Mr. STEVENS. Mr. President, I yield rules are not inconsistent with this Act or is established a commission to be known as other applicable law. to the leader. the National Gambling Impact Study Com- SEC. 4. DUTIES OF THE COMMISSION. Mr. LOTT. Mr. President, first, I mission (hereinafter referred to in this Act (a) STUDY.— want to thank the two managers to the as ‘‘the Commission’’). The Commission (1) IN GENERAL.—It shall be the duty of the shall— bill. I have not had too many occasions Commission to conduct a comprehensive (1) be composed of 9 members appointed in in the last few days to congratulate legal and factual study of the social and eco- accordance with subsection (b); and Senators for really making good nomic impacts of gambling in the United (2) conduct its business in accordance with States on— progress and doing a great job. the provisions of this Act. The Senator from Alaska and the (b) MEMBERSHIP.— (A) Federal, State, local, and Native Amer- Senator from Hawaii, as always, are (1) IN GENERAL.—The Commissioners shall ican tribal governments; and really doing a good job in working be appointed for the life of the Commission (B) communities and social institutions as follows: generally, including individuals, families, through the amendments without our and businesses within such communities and having to resort to a cloture motion. (A) 3 shall be appointed by the President of the United States. institutions. They have cleared out a number of (B) 3 shall be appointed by the Speaker of (2) MATTERS TO BE STUDIED.—The matters amendments. A number have been ac- the House of Representatives. studied by the Commission under paragraph cepted, and some we are voting on. (C) 3 shall be appointed by the Majority (1) shall at a minimum include— I urge colleagues to continue work- Leader of the Senate. (A) a review of existing Federal, State, ing with the managers, and I believe we (2) PERSONS ELIGIBLE.—The members of the local, and Native American tribal govern- can get this done. The leadership is Commission shall be individuals who have ment policies and practices with respect to the legalization or prohibition of gambling, committed to getting the defense ap- knowledge or expertise, whether by experi- ence or training, in matters to be studied by including a review of the costs of such poli- propriations bill done today. If we con- the Commission under section 4. The mem- cies and practices; tinue to have good cooperation, we can bers may be from the public or private sec- (B) an assessment of the relationship be- get it done at a reasonable hour. I tor, and may include Federal, State, local, or tween gambling and levels of crime, and of thank the Senators for what they have Native American tribal officers or employ- existing enforcement and regulatory prac- been doing, and I urge them to con- ees, members of academia, non-profit organi- tices that are intended to address any such tinue. zations, or industry, or other interested indi- relationship; viduals. (C) an assessment of pathological or prob- f (3) CONSULTATION REQUIRED.—The Presi- lem gambling, including its impact on indi- THE NATIONAL GAMBLING IMPACT dent, the Speaker of the House of Represent- viduals, families, businesses, social institu- STUDY COMMISSION ACT atives, and the Majority Leader of the Sen- tions, and the economy; ate shall consult among themselves prior to (D) an assessment of the impacts of gam- Mr. LOTT. Mr. President, I ask unan- the appointment of the members of the Com- bling on individuals, families, businesses, so- imous consent that the Senate now mission in order to achieve, to the maximum cial institutions, and the economy generally, turn to the consideration of Calendar extent possible, fair and equitable represen- including the role of advertising in pro- No. 449, S. 704, a bill to establish the tation of various points of view with respect moting gambling and the impact of gambling Gambling Impact Study Commission. to the matters to be studied by the Commis- on depressed economic areas; (E) an assessment of the extent to which The PRESIDING OFFICER. The sion under section 4. (4) COMPLETION OF APPOINTMENTS; VACAN- gambling provides revenues to State, local, clerk will state the bill by title. CIES.—The President, the Speaker of the and Native American tribal governments, The legislative clerk read as follows: House of Representatives, and the Majority and the extent to which possible alternative A bill (S. 704) to establish the Gambling Leader of the Senate shall conduct the con- revenue sources may exist for such govern- Impact Study Commission. sultation required under paragraph (3) and ments; and The PRESIDING OFFICER. Is there shall each make their respective appoint- (F) an assessment of the interstate and international effects of gambling by elec- objection to the immediate consider- ments not later than 60 days after the date of enactment of this Act. Any vacancy that oc- tronic means, including the use of inter- ation of the bill? curs during the life of the Commission shall active technologies and the Internet. There being no objection, the Senate not affect the powers of the Commission, and (b) REPORT.—No later than 2 years after proceeded to consider the bill, which shall be filled in the same manner as the the date on which the Commission first had been reported from the Committee original appointment not later than 60 days meets, the Commission shall submit to the on Governmental Affairs, with an after the vacancy occurs. President, the Congress, State Governors, amendment to strike all after the en- (5) OPERATION OF THE COMMISSION.— and Native American tribal governments a acting clause and inserting in lieu (A) CHAIRMANSHIP.—The President, the comprehensive report of the Commission’s findings and conclusions, together with any thereof the following: Speaker of the House of Representatives, and the Majority Leader of the Senate shall recommendations of the Commission. Such SECTION 1. SHORT TITLE. jointly designate one member as the Chair- report shall include a summary of the re- This Act may be cited as the ‘‘National man of the Commission. In the event of a ports submitted to the Commission by the Gambling Impact Study Commission Act’’. disagreement among the appointing authori- Advisory Commission on Intergovernmental SEC. 2. FINDINGS. ties, the Chairman shall be determined by a Relations and National Research Council The Congress finds that— majority vote of the appointing authorities. under section 7, as well as a summary of any (1) the most recent Federal study of gam- The determination of which member shall be other material relied on by the Commission bling in the United States was completed in Chairman shall be made not later than 15 in the preparation of its report. 1976; days after the appointment of the last mem- SEC. 5. POWERS OF THE COMMISSION. (2) legalization of gambling has increased ber of the Commission, but in no case later (a) HEARINGS.— substantially over the past 20 years, and than 75 days after the date of enactment of (1) IN GENERAL.—The Commission may hold State, local, and Native American tribal gov- this Act. such hearings, sit and act at such times and ernments have established gambling as a (B) MEETINGS.—The Commission shall places, administer such oaths, take such tes- source of jobs and additional revenue; meet at the call of the Chairman. The initial timony, and receive such evidence as the (3) the growth of various forms of gam- meeting of the Commission shall be con- Commission considers advisable to carry out bling, including electronic gambling and ducted not later than 30 days after the ap- its duties under section 4. gambling over the Internet, could affect pointment of the last member of the Com- (2) WITNESS EXPENSES.—Witnesses re- interstate and international matters under mission, or not later than 30 days after the quested to appear before the Commission the jurisdiction of the Federal Government; date on which appropriated funds are avail- shall be paid the same fees as are paid to wit- (4) questions have been raised regarding able for the Commission, whichever is later. nesses under section 1821 of title 28, United the social and economic impacts of gam- (C) QUORUM; VOTING; RULES.—A majority of States Code. The per diem and mileage al- bling, and Federal, State, local, and Native the members of the Commission shall con- lowances for witnesses shall be paid from American tribal governments lack recent, stitute a quorum to conduct business, but funds appropriated to the Commission. comprehensive information regarding those the Commission may establish a lesser (b) SUBPOENAS.— impacts; and quorum for conducting hearings scheduled (1) IN GENERAL.—If a person fails to supply (5) a Federal commission should be estab- by the Commission. Each member of the information requested by the Commission, lished to conduct a comprehensive study of Commission shall have one vote, and the the Commission may by majority vote re- the social and economic impacts of gambling vote of each member shall be accorded the quire by subpoena the production of any in the United States. same weight. The Commission may establish written or recorded information, document,

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7972 CONGRESSIONAL RECORD — SENATE July 17, 1996 report, answer, record, account, paper, com- SEC. 6. COMMISSION PERSONNEL MATTERS. that the Advisory Commission on Intergov- puter file, or other data or documentary evi- (a) COMPENSATION OF MEMBERS.—Each ernmental Relations submit a report to the dence necessary to carry out its duties under member of the Commission who is not an of- Commission detailing the results of its ef- section 4. The Commission shall transmit to ficer or employee of the Federal Govern- forts under the contract no later than 15 the Attorney General a confidential, written ment, or whose compensation is not pre- months after the date upon which the Com- notice at least 10 days in advance of the cluded by a State, local, or Native American mission first meets. issuance of any such subpoena. A subpoena tribal government position, shall be com- (b) NATIONAL RESEARCH COUNCIL.— under this paragraph may require the pro- pensated at a rate equal to the daily equiva- (1) IN GENERAL.—In carrying out its duties duction of materials from any place within lent of the annual rate of basic pay pre- under section 4, the Commission shall con- the United States. scribed for Level IV of the Executive Sched- tract with the National Research Council of (2) INTERROGATORIES.—The Commission ule under section 5315 of title 5, United the National Academy of Sciences for assist- may, with respect only to information nec- States Code, for each day (including travel ance in conducting the studies required by essary to understand any materials obtained time) during which such member is engaged the Commission under section 4(a), and in through a subpoena under paragraph (1), in the performance of the duties of the Com- particular the assessment required under issue a subpoena requiring the person pro- mission. All members of the Commission subparagraph (C) of paragraph (2) of such ducing such materials to answer, either who are officers or employees of the United section. through a sworn deposition or through writ- States shall serve without compensation in (2) REPORT REQUIRED.—The contract en- ten answers provided under oath (at the elec- addition to that received for their services as tered into under paragraph (1) shall require tion of the person upon whom the subpoena officers or employees of the United States. that the National Research Council submit a is served), to interrogatories from the Com- (b) TRAVEL EXPENSES.—The members of report to the Commission detailing the re- mission regarding such information. A com- the Commission shall be allowed travel ex- sults of its efforts under the contract no plete recording or transcription shall be penses, including per diem in lieu of subsist- later than 15 months after the date upon made of any deposition made under this ence, at rates authorized for employees of which the Commission first meets. agencies under subchapter I of chapter 57 of paragraph. (c) OTHER ORGANIZATIONS.—Nothing in this title 5, United States Code, while away from (3) CERTIFICATION.—Each person who sub- section shall be construed to limit the abil- their homes or regular places of business in mits materials or information to the Com- ity of the Commission to enter into con- the performance of service for the Commis- mission pursuant to a subpoena issued under tracts with other entities or organizations sion. paragraph (1) or (2) shall certify to the Com- for research necessary to carry out the Com- (c) STAFF.— mission the authenticity and completeness mission’s duties under section 4. (1) IN GENERAL.—The Chairman of the Com- SEC. 8. DEFINITIONS. of all materials or information submitted. mission may, without regard to the civil The provisions of section 1001 of title 18, For the purposes of this Act: service laws and regulations, appoint and (1) GAMBLING.—The term ‘‘gambling’’ United States Code, shall apply to any false terminate an executive director and such statements made with respect to the certifi- means any legalized form of wagering or bet- other additional personnel as may be nec- ting conducted in a casino, on a riverboat, on cation required under this paragraph. essary to enable the Commission to perform (4) TREATMENT OF SUBPOENAS.—Any sub- an Indian reservation, or at any other loca- its duties. The employment and termination tion under the jurisdiction of the United poena issued by the Commission under para- of an executive director shall be subject to graph (1) or (2) shall comply with the re- States. Such term includes any casino game, confirmation by a majority of the members parimutuel betting, sports-related betting, quirements for subpoenas issued by a United of the Commission. States district court under the Federal Rules lottery, pull-tab game, slot machine, any (2) COMPENSATION.—The executive director of Civil Procedure. type of video gaming, computerized wagering shall be compensated at a rate not to exceed or betting activities (including any such ac- (5) FAILURE TO OBEY A SUBPOENA.—If a per- the rate payable for level V of the Executive son refuses to obey a subpoena issued by the tivity conducted over the Internet), and phil- Schedule under section 5316 of title 5, United anthropic or charitable gaming activities. Commission under paragraph (1) or (2), the States Code. The Chairman may fix the com- Commission may apply to a United States (2) NATIVE AMERICAN TRIBAL GOVERNMENT.— pensation of other personnel without regard The term ‘‘Native American tribal govern- district court for an order requiring that per- to the provisions of chapter 51 and sub- son to comply with such subpoena. The ap- ment’’ means an Indian tribe, as defined chapter III of chapter 53 of title 5, United under section 4(5) of the Indian Gaming Reg- plication may be made within the judicial States Code, relating to classification of po- district in which that person is found, re- ulatory Act of 1988 (25 U.S.C. 2703(5)). sitions and General Schedule pay rates, ex- (3) STATE.—The term ‘‘State’’ means each sides, or transacts business. Any failure to cept that the rate of pay for such personnel obey the order of the court may be punished of the several States of the United States, may not exceed the rate payable for level V the District of Columbia, the Commonwealth by the court as civil contempt. of the Executive Schedule under section 5316 (c) INFORMATION FROM FEDERAL AGEN- of Puerto Rico, the Virgin Islands, Guam, of such title. CIES.—The Commission may secure directly American Samoa, and the Commonwealth of ETAIL OF GOVERNMENT EMPLOYEES.— from any Federal department or agency such (3) D the Northern Mariana Islands. Any Federal Government employee, with the information as the Commission considers SEC. 9. AUTHORIZATION OF APPROPRIATIONS. approval of the head of the appropriate Fed- necessary to carry out its duties under sec- (a) IN GENERAL.—There are authorized to tion 4. Upon the request of the Commission, eral agency, may be detailed to the Commis- be appropriated to the Commission, the Ad- the head of such department or agency may sion without reimbursement, and such detail visory Commission on Intergovernmental furnish such information to the Commission. shall be without interruption or loss of civil Relations, and the National Academy of (d) INFORMATION TO BE KEPT CONFIDEN- service status, benefits, or privilege. Sciences such sums as may be necessary to TIAL.—The Commission shall be considered (d) PROCUREMENT OF TEMPORARY AND carry out the purposes of this Act. Any sums an agency of the Federal Government for INTERMITTENT SERVICES.—The Chairman of appropriated shall remain available, without purposes of section 1905 of title 18, United the Commission may procure temporary and fiscal year limitation, until expended. States Code, and any individual employed by intermittent services under section 3109(b) of (b) LIMITATION.—No payment may be made an individual, entity, or organization under title 5, United States Code, at rates for indi- under section 6 or 7 of this Act except to the contract to the Commission under section 7 viduals not to exceed the daily equivalent of extent provided for in advance in an appro- shall be considered an employee of the Com- the annual rate of basic pay prescribed for priation Act. mission for the purposes of section 1905 of Level V of the Executive Schedule under sec- SEC. 10. TERMINATION OF THE COMMISSION. title 18, United States Code. Information ob- tion 5316 of such title. The Commission shall terminate 60 days tained by the Commission, other than infor- SEC. 7. CONTRACTS FOR RESEARCH. after the Commission submits the report re- mation available to the public, as the result (a) ADVISORY COMMISSION ON INTERGOVERN- quired under section 4(b). of a subpoena issued under subsection (b)(1) MENTAL RELATIONS.— Mr. LUGAR. Mr. President, I rise or subsection (b)(2) shall not be disclosed to (1) IN GENERAL.—In carrying out its duties any person in any manner, except— under section 4, the Commission shall con- today in strong support of S. 704, the (1) to Commission employees or employees tract with the Advisory Commission on National Gambling Impact Study Com- of any individual, entity, or organization Intergovernmental Relations for— mission Act, and I urge my colleagues under contract to the Commission under sec- (A) a thorough review and cataloging of all to approve this important legislation. tion 7 for the purpose of receiving, reviewing, applicable Federal, State, local, and Native I want to express my appreciation to or processing such information; American tribal laws, regulations, and ordi- Chairman STEVENS, Senator GLENN, (2) upon court order; or nances that pertain to gambling in the and the Governmental Affairs Com- (3) when publicly released by the Commis- United States; and mittee for their commitment and care- sion in an aggregate or summary form that (B) assistance in conducting the studies re- ful attention to this important issue. does not directly or indirectly disclose— quired by the Commission under section 4(a), (A) the identity of any person or business and in particular the review and assessments Senator STEVENS and the committee entity; or required in subparagraphs (A), (B), and (E) of have made significant improvements to (B) any information which could not be re- paragraph (2) of such section. the original bill, providing additional leased under section 1905 of title 18, United (2) REPORT REQUIRED.—The contract en- resources and appropriate authorities States Code. tered into under paragraph (1) shall require to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7973 allow the Commission to conduct a the old-fashioned way—through hard can contribute lower-paying jobs to a meaningful study of gambling. I also work, dedication and commitment to local economy, other businesses in the want to thank the author of bill, Sen- common purpose. region often lose as a consumer spend- ator SIMON, for his steadfast leadership The folks facing the toughest deci- ing for goods and services shifts to a and dedication to this effort. sions on whether to permit gambling small number of casinos and casino-re- I want to share with my colleagues are leaders at the local level. These of- lated activities. some of my thoughts about this impor- ficials are frequently overwhelmed by One does not have to be a gambling tant issue and about why I believe the the size and complexity of proposals prohibitionist to conclude that our Na- Nation would be served by a national made for casinos and other establish- tion needs to know more about where study of gambling. ments promising jobs and solutions to we are headed. The rapid spread of legalized gam- local financial dilemmas. They are Mr. President, this legislation cre- bling in the United States in recent often forced to make decisions about ates a 2-year, 9-member commission years has raised concerns in Congress gambling in a vacuum of reliable, unbi- appointed by Congress and the Presi- and elsewhere about the social and eco- ased information—information des- dent to conduct a comprehensive legal nomic impacts of gambling on our perately needed to make sound choices and factual study of the social and eco- States and communities. Throughout that will affect both the social and eco- nomic impacts of gambling on States our Nation’s history, the popularity of nomic future of their communities. and communities. S. 704 does not pro- gambling has come and gone, and re- This is one area where the resources of pose to further tax, regulate or limit turned again. Public outcry against ca- the Federal Government can help com- gambling activities. The Commission will be charged with sinos and State lotteries during the munities by providing them objective, compiling all Federal, State and local post Civil War period led to a ban on unbiased information they can use to laws pertaining to gambling. The Com- gambling throughout the United States make their own informed decisions mission also will assess the impact of by 1920. During the past 20 years, how- about gambling. ever, the gambling industry in the Mr. President, while history is re- gambling on local businesses; the rela- United States has experienced unparal- plete with examples of communal dif- tionship between gambling and levels leled growth and expansion. In 1978 ficulties associated with gambling, it is of crime; and the impact of problem only two States allowed casinos and a difficult to determine the costs—espe- and pathological gambling on individ- handful of others sponsored lotteries. cially in certain human factors related uals, families, and the economy. The Commission will examine elec- But today some form of gambling is to problem gambling that include alco- tronic gambling involving use of the legal in 48 States. holism, divorce, suicide, family dys- Gambling revenues grew more than Internet. Internet gambling is a new function, and criminal activity. and rapidly growing activity in the twice the rate of our Nation’s manufac- A number of studies have attempted United States and elsewhere. It allows turing industries in 1990. Americans to address the social costs of gambling; people using personal computers and wager almost a half a trillion dollars a however, they are often regional in credit card accounts to gamble across year and industry profits are estimated focus, limited in scope or funded by State lines and national borders. Inter- to have reached $40 billion annually. subjective interests. A Federal study A major reason for this astronomical net gambling could have serious inter- commission will provide a broad-based, growth of gambling is that State and national policy implications for the authoritative report on this important local governments facing budget short- United States. Very little is known aspect of the gambling issue that de- falls are desperate for revenue. State about the risks associated with citizens and local government officials all too serves closer examination. who gamble in ‘‘virtual’’ casinos lo- As a society we appear to have made often accept gambling as the silver bul- cated outside U.S. jurisdiction. We a piecemeal decision to legalize a wide let solution to balancing their budgets need to learn more about the Internet. variety of gambling activities. But this without raising taxes. Even if a State After 2 years, the Commission will does not obviate the need to be mindful or community is reluctant to host a submit a comprehensive report to the of the underlying problems associated gambling establishment, it can be President, the Congress, Governors, drawn over the edge by the threat that with gambling that lead most of the and Native American Tribal govern- gambling operations may locate in a country to keep it illegal for decades. ments on its findings. This report will We know that the presence of legal- nearby town or neighboring State. For provide objective, unbiased data and ized gambling can exacerbate numer- many local officials, the legalization of analysis that States and communities ous social problems, including crime, gambling becomes an economic sur- can use to make their own informed de- alcoholism, corruption, suicide, bank- vival issue rather than a question of cisions about gambling. developing sound public policy. ruptcy, family dysfunction, and com- Providing the Commission with ade- The actions of State and local gov- pulsive or addictive behavior. These quate resources and authority to per- ernments that hope to use gambling as side effects can represent an enormous form its duties is essential to devel- a solution to financing the needs of moral and financial cost to commu- oping an authoritative report. Allow- their cities and communities are un- nities. ing the Commission to conduct hear- derstandable. Yet, the quick-fix, ready- The gambling industry does not ings, provide recommendations and cash approach can be a shaky founda- choose to confront these moral ques- have a limited, but effective level of tion upon which to base an economic tions. The gambling industry fre- subpoena power are essential to achiev- development strategy. quently asserts that what it is pro- ing this goal. To reduce the cost of the As mayor of Indianapolis during a viding is an adult entertainment op- Commission, S. 704 uses existing Gov- difficult period of economic uncer- tion. Undoubtedly, many adults can ernment entities—the Advisory Com- tainty and social unrest in the late gamble responsibly, have a good time, mission on Intergovernmental Rela- 1960’s, I learned that a community and sustain the financial losses that tions and the National Research Coun- must be built in living rooms, class- they incur. But we should not deceive cil of the National Academy of rooms, and churches. ourselves that gambling is no different Sciences—to assist in the Commis- To strengthen the city’s economy, we than any other entertainment option. sion’s efforts to compile existing laws launched a comprehensive reorganiza- Gambling is a complex and problematic and conduct research on problem and tion of local government, consolidating activity both in terms of its economic pathological gambling. our city and county. We cut property and social impact on communities and Senator STEVENS and the Govern- taxes 5 times in 8 years, attracted busi- its economic and psychological impact mental Affairs Committee have worked nesses, and made Indianapolis the ama- on individuals and families. to establish a balanced and effective teur sports capital of the world. Indian- Gambling-related employment is not commission that will conduct a thor- apolis is a dynamic and successful city, comparable to other forms of employ- ough review of the social and economic and it has reduced poverty and crime ment such as manufacturing. Gambling impacts of gambling. At the same time, that plagues many urban areas. does not produce a value-added product the committee worked to ensure that Long-term growth and prosperity for or reinvestment in the market econ- information gathered by the Commis- our communities are most often earned omy. Although gambling operations sion would not be misused nor exceed

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7974 CONGRESSIONAL RECORD — SENATE July 17, 1996 the common sense bounds of our Fed- Under this bill, the commission will penalties under section 1905 of title 18 eral system. The bill incorporates ex- utilize the expertise of the Advisory of the United States Code for the unau- isting privacy laws under title 18 to en- Commission on Intergovernmental Re- thorized disclosure of any confidential sure protection for individual privacy lations and the National Research personal or business information. and for business trade secrets. Council. This will avoid duplicating Any information obtained by the The bill allows the Commission to work already done by the Government, commission—whether voluntarily pro- subpoena certain documentation nec- reduce the cost of the commission, and vided or provided under subpoena—may essary to carry out its duties as out- ensure that the States are not left out not be disclosed to any person in any lined in the bill. The Commission is al- of the process. manner, except to authorized commis- lowed subpoena authority to gather ad- The bill specifies a number of topics sion employees; upon court order, or ditional information to help the Com- that the commission will study, en- when released by the commission in ag- mission understand documentation re- compassing many aspects of gambling gregate or summary form that does not ceived under subpoena. and its effects, including problem gam- directly or indirectly disclose the iden- I have worked with Senator SIMON, bling and gambling on the Internet. It tity of any person or business. Senator STEVENS, the Governmental authorizes ‘‘such sums as may be nec- In addition, individuals falsifying in- Affairs Committee and Representative essary’’—the original bill introduced in formation to the commission are sub- FRANK WOLF to gain approval of this the Senate only provided $250,000 for ject to criminal penalties under section legislation in the Congress because I the commission. Funding for the com- 1001 of title 18 of the United States believe the country would be served by mission would be subject to appropria- Code. a Federal study. The House of Rep- tions. The commission will terminate The commission may serve a sub- resentatives approved similar legisla- after completing its 2-year study. poena throughout the United States, tion this year, and the President has The most recent Federal study of the and may go to a U.S. district court to indicated his support for establishing a effects of gambling was published 20 enforce it. All subpoenas must comply commission to study gambling. It is years ago—the 1976 Commission on the with the requirements for subpoenas my hope the Senate will give swift ap- Review of the National Policy Toward under the Federal Rules of Civil Proce- proval to this important measure to Gambling. At that time, that study dure. The commission is required to examine this pressing national issue. I cost $3 million—which would be the notify the U.S. Attorney General at believe the Commission’s work will be equivalent of $8.1 million today. least 10 days in advance of issuing a helpful to State and local leaders as In 1976, only two States—Nevada and subpoena. This will allow the Attorney they make their own informed deci- New Jersey—had legalized gambling. General time to raise objection if the sions about whether or not to allow Currently, 48 States have some form of subpoena is going to interfere with an gambling in their communities. legalized gambling, and since 1988, 21 ongoing criminal investigation. Information is the goal of this Com- States have legalized casino gambling. The Congressional Budget Office mission. Information will strengthen There has been rapid growth recently projects S. 704 as amended will cost $5 the democratic decision-making proc- in the gambling industry—it is now a million, roughly equal to their revised ess. $40 billion industry which includes ca- I urge my colleagues to join me to estimate for the House version, H.R. sinos, riverboats, Indian reservations, support passage of S. 704. 497. CBO also projects that the costs to Mr. STEVENS. Mr. President, I rise State and interstate lotteries, and elec- State, local, and tribal governments today to support S. 704 as amended by tronic gambling. Despite the growth in for complying with information-gath- the Governmental Affairs Committee. this industry, not much current objec- ering requests will be minimal. Mr. The bill establishes a national commis- tive data exists on the impact of legal- President, at this point I ask unani- sion to study the social and economic ized gambling in the United States. mous consent that the CBO’s letter on impact of legalized gambling in the Other concerns that the committee this bill be printed in the RECORD. United States. addressed include: specifying the areas There being no objection, the letter S. 704 was originally introduced on to be studied; problem gambling; elec- was ordered to be printed in the April 6, 1995, by Senator PAUL SIMON tronic gambling—such as gambling on RECORD, as follows: and Senator RICHARD LUGAR. Cur- the Internet; requiring the report to be U.S. CONGRESS, rently, there are 25 Senate cosponsors issued to Governors and native Amer- CONGRESSIONAL BUDGET OFFICE, of this legislation. ican tribes so that they could make use Washington, DC, May 21, 1996. On November 2, 1995, the Govern- of the information; and providing a Hon. TED STEVENS, mental Affairs Committee held a hear- clear definition of gambling. Chairman, Committee on Governmental Affairs, ing on S. 704. At that time, concerns The House version introduced by U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: The Congressional Representative FRANK WOLF on Janu- were raised about the adequacy of the Budget Office has prepared the enclosed cost funding levels and the scope of the ary 11, 1995, was passed by the House of estimate for S. 704, the National Gambling original bill. Representatives on March 5, 1996, after Impact Study Commission Act. On May 14, 1996, the Governmental some modifications by the House Judi- Enactment of S. 704 would not affect direct Affairs Committee approved a sub- ciary Committee. spending or receipts. Therefore, pay-as-you- stitute which was drafted in consulta- Unlike the House bill, the original go procedures would not apply to the bill. tion with the sponsors of the Senate Senate bill did not include subpoena If you wish further details on this esti- and House bills and the representatives power. The House bill allowed the com- mate, we will be pleased to provide them. of various groups. mission to subpoena both individuals Sincerely, This bill, as reported by the com- and documents. The Congressional Re- JUNE E. O’NEILL, Director. mittee, attempts to address a wide search Service has indicated that based Enclosure. range of concerns, including balancing on a review of commissions created in CONGRESSIONAL BUDGET OFFICE COST ESTIMATE the needs of the commission to get ac- recent years, it is unusual to grant 1. Bill number: S. 704. cess to information and protecting the broad subpoena power to this type of 2. Bill title: National Gambling Impact rights of individuals to their personal commission. Study Commission Act. privacy. However, recognizing the short pe- 3. Bill status: As ordered reported by the S. 704 as amended creates a nine- riod of time in which the commission Senate Committee on Governmental Affairs member commission—three appointed has to complete its work and the need on May 14, 1996. by President, three by the Speaker of to be able to obtain relevant informa- 4. Bill purpose: This bill would establish a the House, and three by the Senate ma- tion, S. 704 as amended grants the com- commission to study the impact of gambling jority leader. The commission has 2 mission the power to subpoena docu- in the United States. The study would cover years to conduct the study and issue a many issues related to gambling, including ments. the relationship between gambling and crime report, which may include findings and In order to protect the privacy of in- and the extent to which gambling provides recommendations, to the President, dividuals, however, information gath- revenues to state, local, and Native Amer- the Congress, the Governors, and na- ered by the commission must be kept ican tribal governments. The commission, tive American tribal governments. confidential. The bill provides criminal consisting of nine members, would have two

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7975 years after it first meets to conduct the under threat of a subpoena. Those provisions However, we understand that this provi- study and to present its findings to the Con- constitute a private sector mandate. Al- sion does not constitute any kind of approval gress. In addition, the chairman of the com- though the demand for information by the process. No inference should be drawn if the mission would have the authority to appoint commission from individual operators could Department is notified of the pending an executive director and other personnel to impose substantial compliance costs in some issuance of a subpoena and does or does not assist the commission in performing its du- cases, CBO estimates that the aggregate an- object or comment. For example, such si- ties. The bill would require that the commis- nual impact on the private sector would fall lence should not be construed as approval or sion contract with the Advisory Commission well below the $100 million threshold speci- endorsement of the subpoena or its subject on Intergovernmental Relations and the Na- fied in Public Law 104–4. matter. Nor should the presence or absence tional Academy of Sciences for assistance in 10. Previous CBO estimate: On November of a comment be construed to indicate the conducting its study. Finally, the bill would 17, 1995, CBO transmitted a cost estimate for presence or absence of a criminal investiga- grant the commission the authority to hold H.R. 497, the National Gambling Impact and tion, on which the Department as a matter hearings and subpoena documents. Policy Commission Act, as ordered reported of policy does not comment. 5. Estimated cost to the Federal Govern- by the House Committee on the Judiciary on We understand that Section 5(b) does not ment: As shown in the following table, CBO November 8, 1995. The two estimates are grant the Commission authority to subpoena estimates that enacting S. 704 would in- similar; we now estimate federal costs of $5 federal agencies. However, section 5(c) of the crease discretionary spending by about $5 million over the 1997–1998 period, whereas bill gives the Commission the authority to million over the next two years, assuming our previous estimate for H.R. 497 was $4 obtain information directly from federal appropriation of the necessary funds. million over the 1996–1998 period. The in- agencies. This provision says that ‘‘[u]pon [By fiscal years, in millions of dollars] crease in estimated cost is attributable pri- request of the Commission, the head of such marily to S. 704’s provision authorizing reim- department or agency may furnish such in- 1997 1998 1999 2000 2001 2002 bursement of expenses incurred by witnesses formation to the Commission.’’ This lan- at commission hearings. guage is intended to preserve the ability of a SPENDING SUBJECT TO APPROPRIATIONS ACTION 11. Impact: Estimate prepared by: Federal federal agency, including the Department of Estimated authorization level 2 3 ...... Cost Estimate: Susanne S. Mehlman. State Estimated outlays ...... 2 3 ...... Justice, to use its discretion and judgment and Local Government Impact: Theresa in withholding privileged and sensitive infor- Gullo, Private Sector Impact: Matthew The costs of this bill fall within budget mation. function 750. Eyles. 12. Estimate approved by: Robert R. Sun- We would appreciate it if you would in- 6. Basis of estimate: For purposes of this clude this letter in the record of consider- estimate, CBO assumes that S. 704 will be en- shine for Paul N. Van de Water, Assistant Di- rector, for Budget Analysis ation of this legislation. Again, we thank acted by the end of fiscal year 1996, and that you and your staff for your cooperation in the estimated amounts will be appropriated Mr. STEVENS. The Clinton adminis- resolving these important issues. for each of the next two years. We projected tration states that it supports legisla- The Office of Management and Budget has outlays based on the historical rate of spend- tion creating a commission to study advised that there is no objection from the ing for similar commissions. the effects of gambling, but has standpoint of the Administration’s program To estimate the cost of S. 704, CBO as- stopped short of endorsing any specific to the presentation of this report. sumed that the commission would hire about bill. The Department of Justice has Please do not hesitate to contact me if I 20 people to provide technical and adminis- may be of assistance on this or any other trative support, and that the commission stated that the substitute addresses many of the agency’s concerns, and matter. would have other costs similar to those in- Sincerely, curred by the first commission established to have asked that their views be included ANDREW FOIS, study gambling in 1974—the Commission on in the RECORD. Mr. President, at this Assistant Attorney General. the Review of the National Policy Toward point, I ask unanimous consent that Gambling. In total, CBO estimates that the the Justice Department letter out- Mr. GLENN. Mr. President, I rise in proposed commission would cost about $5 lining the administration views on the strong in support of the Stevens sub- million over the next two years. This cost stitute to S. 704—legislation to set up a bill be printed in the RECORD. would cover per diem and travel expenses of There being no objection, the mate- national commission to study the the commission’s members and witnesses, growth of legalized gambling in Amer- salaries of the commission staff, contract ex- rial was ordered to be printed in the RECORD, as follows: ica and its relevant social, economic, penses and other administrative costs. and legal impacts. 7. Pay-as-you-go considerations: None. U.S. DEPARTMENT OF JUSTICE, 8. Estimated impact on State, local, and OFFICE OF LEGISLATIVE AFFAIRS, Gambling is an industry that is grow- tribal governments: Public Law 104–4, the Washington, DC, May 21, 1996. ing rapidly. In 1976—the last time we Unfunded Mandates Reform Act of 1995, de- Hon. TED STEVENS, studied this issue on a national basis— fines an intergovernmental mandate as an Chairman, Committee on Governmental Affairs, legalized wagering in the United States enforceable duty imposed on state, local, or U.S. Senate, Washington, DC. totaled $22 billion, while legalized gam- tribal governments, except a condition of DEAR MR. CHAIRMAN: I am writing in re- ing approached $3 billion. In 1994, legal federal assistance or a duty arising from par- gard to S. 704, the National Gambling Impact wagering exceeded $482 billion, while ticipation in a voluntary federal program. and Policy Commission Act, which the Com- CBO has determined that providing docu- mittee ordered reported last week. I espe- legal gaming reached $40 billion. We ments and information, and answering ques- cially want to express my appreciation to now have riverboat and land-based ca- tions about such information under threat of you for your staff’s cooperation in resolving sino gambling in a number of States, a subpoena, constitutes an enforceable duty several concerns expressed by the Depart- and most States operate their own lot- on these entities as defined by the law. ment. teries. In addition, Indian tribes are in- Based on information provided to us by As President Clinton recently stated in let- creasingly turning to casino and other eight states with significant gaming oper- ters to Senators Simon and Lugar, the Ad- forms of gaming as a tool for economic ations and from interest groups representing ministration supports the establishment of state, local, and tribal governments, CBO es- this Commission. One of the duties of this development. Finally, the gambling in- timates that the cost to states, localities, panel is to conduct a comprehensive study, dustry is looking toward the Internet and tribal governments of providing docu- which will include an assessment of the rela- and other electronic media as the mar- ments and information to the commission is tionship between gambling and levels of kets for the future. unlikely to exceed, on average, $100,000 per crime. This kind of explosive growth in an state. Total costs are thus unlikely to exceed The Committee-approved version of S. 704 industry that brings with it both seri- $5 million. They would be incurred over the addresses a number of issues of concern to ous economic and social costs along two-year period during which the commis- the Department of Justice. For example, sec- sion is preparing its study. tion 5(b)(1) gives the Commission the power with benefits is at least a cause for fur- 9. Estimated impact on the private sector: to subpoena certain information, but also ther study. So I support the establish- Public Law 104–4, the Unfunded Mandates provides that the ‘‘Commission shall trans- ment of a national commission. This Reform Act of 1995, defines a private sector mit to the Attorney General a confidential, issue has not been examined on a na- mandate as an enforceable duty imposed on written notice at least ten days in advance tional or Federal level for nearly 20 the private sector, except a condition of fed- of the issuance of any such subpoena.’’ This years and I believe that it is time we eral assistance or a duty arising from par- provision would allow the Department to looked at gambling in America in ticipation in a voluntary federal program. S. learn in advance who is being subpoenaed greater depth. 704, the National Gambling Impact Study and the subject matter of the subpoena. In Commission Act, contains provisions that re- addition to keeping us abreast of what the The 1976 commission concluded that quire the gaming industry and individuals to Commission is doing, this would permit the the regulation of gambling should be a provide documents and information, and to Department to object or make our views State responsibility. With the excep- respond to questions about such information known regarding such subpoena. tion of gambling on Indian lands where

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7976 CONGRESSIONAL RECORD — SENATE July 17, 1996 there is a shared Federal-State role, succeeded in nearly zeroing out ACIR’s create some sort of public spectacle. that is currently the case. But given appropriation, thus making it difficult, The commission may also issue a sub- the rapid growth of the industry in if not impossible, for ACIR to carry out poena in order to help it understand America in recent years, the proper the commission’s work. This version the materials already obtained pursu- role of the States and the Federal Gov- wisely focuses ACIR to look at the Fed- ant to that authority, and the choice is ernment on this issue needs study and eralism aspects of the gambling issue, given to the respondent to submit an- examination. There are important fed- where ACIR’s expertise would be most swers either through a sworn deposi- eralism and sovereignty questions that helpful and where it will need less tion or written interrogatories under need to be answered. I don’t have the funding to do the work. oath. Finally, we require the commis- answers—I’m not sure any of my col- The Stevens substitute does grant sion to issue written notice to the At- leagues do either. That’s why estab- the commission limited subpoena au- torney General at least 10 days in ad- lishing a commission to study gam- thority. Some have argued that sub- vance of issuing any subpoena. bling and to advise Federal, State, poena power gives the commission an Still, some remained concerned that local, and tribal policymakers is both open license to conduct a witchhunt in the commission would misuse its sub- necessary and worthwhile. Some might a legitimate industry. These argu- poena authority to publicly disclose argue that this commission represents ments have been raised in discussing confidential business information, or an intrusion on states rights. I don’t the House version, which grants the violate the privacy of certain individ- agree. This commission does not have commission unlimited subpoena au- uals who gamble. So we added an addi- the power to regulate, only to make thority and charges it with such mis- tional safeguard. We placed the com- recommendations. It is a study com- sions as investigating organized crime mission under the Trade Secrets Act, mission, not a regulatory body. and political corruption. The Senate Federal law which carries with it both This substitute represents a consider- bill is different. We don’t have the civil and criminal penalties for the un- able improvement from the original S. commission looking into organized authorized disclosure of confidential 704. The commission’s charter has been crime or political corruption. Its mis- business information by any Federal strengthened. It will assess: the impact sion is to focus on the broader socio- employee. Serious violations of the act of existing policies and practices con- economic impact of gambling, with the can lead to a jail sentence of up to one cerning legalized gambling; the impact only matter relating to crime that the year. The Trade Secrets Act applies to of pathological gambling on individ- commission is to look at is the correla- all Federal employees and officers of uals and families; the relationship be- tion between gambling and crime rates. the Federal Government and we would tween gambling and levels of crime; This would be valuable information for extend its application to the members the growth of electronic or Internet states or communities who are consid- and employees of the commission. gambling; and the extent to which al- ering legalizing gambling in their ju- So we have put some limits on the ternative sources of revenues could be risdictions. commission and set up penalties if developed for State, local, and tribal The Stevens substitute does grant those limits are violated. Those who governments. Based on its examination the commission power to subpoena doc- might argue that we have created some of these issues, the commission will umentary information. I think such renegade commission are misguided. then make appropriate recommenda- subpoena authority is needed to ensure We have granted the commission the tions to policymakers at all levels of that the commission has access to all powers it needs to carry out its mis- government. the documents it needs to carry out its sion, but we’ve also ensured that pen- The substitute includes my proposal work in a thorough and independent alties exist for those who abuse those that the commission contract with the manner. powers. National Academy of Sciences [NAS] I would point out that the 1976 com- There are a couple of points I would to assist in producing the study, with a mission had subpoena authority. I like to clarify in the legislation since particular emphasis on employing the would like to read an excerpt from a we did not file a report on it. First of NAS to study the problem of patholog- letter from Charles Morin, Chairman of all, we are making one change to the ical gambling. This may be the most the 1976 Commission, to Congressman bill since the markup. We are cor- pernicious aspect of the growth of le- FRANK WOLF, sponsor of the House bill. recting language in Section 5 to ensure galized gambling and we don’t have The 1972–76 commission had subpoena that the Trade Secrets Act covers not much knowledge about it. We read the power and, because of that, we never had to only subpoenaed information, but in- use it—in other words, when you have the occasional story in the newspaper power you will get cooperation. Obviously, formation voluntarily supplied to the about some of the elderly cashing their the power need not be unrestricted and Con- commission. Without this change, peo- social security checks to play the slot gress may see fit to provide safeguards and, ple would be discouraged from volun- machines; teenagers gambling on the if the power were to be abused and there tarily supplying confidential business internet; the poor getting hooked on were non-compliance, the commission would information to the commission as it the lottery or keno; or others commit- be forced into court to compel compliance— would otherwise not be protected. Our ting suicide under the weight of crush- something it would be most reluctant to do. change also includes a provision that ing casino debts. But we don’t have On the other hand, if it were used legiti- ensures that the Trade Secrets Act ap- mately, it would mean that information had much national or aggregate informa- been withheld for a reason—which is why plies only to confidential business in- tion on problem gambling and how it is you must have the power! And in the normal formation. Business or other informa- being affected by the rapid growth of instance, as we found out from our years of tion that is currently available to the the industry. With its scientific exper- experience, the knowledge that we had the public or already in the public domain, tise, the NAS is the ideal organization power and would not hesitate to use it pro- such as information in trade publica- to gather and analyze this information. vided all the persuasion we needed. tions, journals, magazines, 10(k) fil- The commission is also directed to I think Mr. Morin sums up pretty ings, etc., would not be covered by the utilize the Advisory Commission on well why subpoena power is needed. act. The commission should be able to Intergovernmental Relations [ACIR] to But he does note that Congress may publicly discuss and release informa- review existing State and local laws wish to put some parameters and lim- tion that is already in the public do- and policies on gambling, including ex- its around the commission’s subpoena main without fear of facing some frivo- isting enforcement and regulatory power. We’ve done that. The commis- lous lawsuit. practices that address crime and gam- sion may only subpoena documentary The commission, under section bling. Earlier drafts of the substitute information, and that is only after 5(b)(2), is allowed to issue additional had ACIR carrying out all the respon- those who possess the materials fail to subpoenas to further its understanding sibilities of the commission. I thought supply them as requested by the com- about materials already produced by that was too much for ACIR to do, mission. The commission cannot sub- that means. The respondent, again, has first, because some of the aspects of poena witnesses to compel public testi- the choice as to how to comply—either the study are outside the scope of mony. This should satisfy those who by a sworn deposition or through writ- ACIR’s expertise and second, because are concerned that the commission ten interrogatories under oath. In my some in Congress have unfortunately might misuse its subpoena authority to view, it is crucial to discuss what the

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I do not subscribe to specified the Attorney General’s in- FTC’s existing authority and expertise this very restrictive interpretation and volvement in any action to enforce a over false and deceptive advertising. certainly do not think it is our intent subpoena. Mr. BREAUX. Mr. President, I would to do so. Questions about the facts and The language of S. 704, the Gambling like to engage Senator STEVENS in a circumstances beyond the four corners Impact Study Commission Act, pro- colloquy regarding the privacy rights of a document—how it was developed, vides that ‘‘* * * the Commission may of individual citizens who engage in who was responsible for writing and/or apply to a U.S. district court for an legal gambling activities. approving it, and under what context— order requiring that person to comply The Gambling Impact Study Com- may be well necessary and crucial to with such subpoena.’’ It is my under- mission Act (S. 704), which I cospon- augment the commission’s under- standing that the Attorney General, sored and support, is intended to con- standing of the materials at hand and which has expertise in this type of duct a thorough study of issues related carry out its duties. I think the com- matter, could be asked by the commis- to legalized gambling. Private citizens mission should have such authority sion to seek enforcement of a commis- who engage in legal gambling activi- and use it, if necessary, to clarify and sion subpoena, and it is often the case ties, dine in a casino restaurant or stay supplement the information contained that the Attorney General is asked to in a casino hotel, should also have in the documents themselves. That’s do so. their right to privacy protected. the only way the commission will be Mr. STEVENS. The Senator is cor- The sponsors of this bill and other able to fully comprehend the meaning rect. We have been in contact with the Members of the Senate have been care- and context of any subpoenaed docu- Department of Justice [DOJ] and have ful to state that the intent of this bill ments. been advised informally the DOJ would is to conduct a thorough study of the This commission will be closely not object to enforcing a subpoena gaming industry while protecting the watched by many, including those with issued by the commission. In fact, they privacy rights of individual gamblers. I the power and resources to tie the com- have been operating under the assump- understand that this legislation ad- mission up in costly litigation. It is tion that they would be called upon to dresses the privacy issue by prohibiting subject to the Federal Advisory Com- enforce such a subpoena. There are the release of individual information mittee Act [FACA], a statute which re- many other Government bodies which unless it is in aggregate or summary quires compliance with open meetings use DOJ to enforce subpoenas and they form and that there are sufficient criminal and civil penalties to prevent and public access, but also a statute are fully staffed to handle such re- public release of such information. In that allows litigation, something we’ve quests. addition, this legislation is intended to seen a significant amount of in the last Mr. BRYAN. Mr. President, a matter be consistent with any other law which several years with various executive that I would like to clarify with the offers privacy protection to American branch commissions and taskforces. So bill’s lead sponsor, Senator SIMON, in- citizens, including the Privacy Act of I would urge the commission at its volves two interrelated issues regard- ing the Commission’s study of the role 1974. first meeting to read FACA and to Would you agree that the intent of of advertising in promoting gaming. closely adhere to its requirements. this legislation is to provide the Com- We’ve given the commission signifi- First, unlike the Commission’s other mission with the necessary tools to cant latitude in establishing its own areas of study, advertising is a con- gather the information it needs while rules and procedures of operation. I stitutionally protected right of com- protecting the privacy rights of Ameri- would urge that at its very first meet- munication between buyers and sellers cans? It is my understanding that it is ing that the commission establish of legal products. Second, the Federal estimated that between 4 and 6 percent those procedures, and not wait until Government, through the Federal of gamblers are compulsive gamblers. later when some issue arises and the Trade Commission, already exercises Is it correct to assume that, although commission has not set appropriate broad enforcement and regulatory au- the Commission can subpoena the in- rules to deal with it. In particular, the thority over false and deceptive adver- formation, it would not have a need for commission should establish its rules tisements in general, including those the personal records of private citizens, for the issuing of subpoenas in their for gaming. including the vast majority of indi- first meeting, and not wait to establish My question to my colleague is vidual gamblers who are not considered those rules just before the commission whether the Commission will be mind- compulsive gamblers? is actually considering issuing a sub- ful of the unique first amendment lib- Mr. STEVENS. The Senator is cor- poena. erties for advertising, and of the FTC’s rect on all counts. This legislation In closing, I want to thank Senators already existing regulatory authority fully protects the privacy rights of SIMON, LUGAR, and LIEBERMAN and over false and deceptive advertising American citizens. their respective staffs for working with when the Commission assesses and Mr. REID. Mr. President, the record Senator STEVENS and I to develop this evaluates the impact of gaming adver- should reflect that had this matter legislation. It is a well thought out tisements. been decided by a roll call vote, I would proposal that will ensure a thorough, Mr. SIMON. My answer to my friend have voted in the negative. balanced, and fair examination of gam- from Nevada, Senator BRYAN, is an un- I believe this legislation to be unwar- bling in America. I urge my colleagues equivocal yes on both counts. As my ranted, invasive, and potentially capa- to support it. colleague points out, the first amend- ble of doing more harm than good. It is Mr. BREAUX. Mr. President, I would ment freedom of commercial speech indeed ironic that this Congress, which like to engage Senator STEVENS in a provides important liberties for adver- professes to be a States rights Congress colloquy regarding the enforcement of tising. It is my hope and intention that has chosen to take action on a bill that a subpoena issued by the Gambling Im- the Commission will grant special at- affects an inherently State matter. pact Study Commission. The vast ma- tention to the first amendment impli- While this bill enjoys overwhelming jority of Federal commissions created cations of its recommendations and support—even from some in the gaming by Congress in recent years have not avoid trespassing upon any constitu- industry—I believe it establishes a poor possessed subpoena power. Of the few tionally protected freedoms of com- precedent. We should not be creating commissions in the past that have been mercial speech when it formulates its commissions to study lawful industries granted subpoena power, and in this policy recommendations. governed predominantly by State law. case I support it, the authority to en- Moreover, as my friend from Nevada Nevada’s regulation of gaming works force a subpoena was typically placed points out, section 5 of the Federal well. As the former chairman of the with the U.S. Attorney General. For Trade Commission Act empowers the Nevada Gaming Commission, I know

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If this None of this is to suggest that the the camel’s nose under the tent. Oppo- turns into a witch-hunt, it could have a gaming-entertainment industry, like nents of legalized gaming seek to use chilling effect on leglaized gaming na- any other major business, particularly this commission as a means to increase tionwide and have a devasting effect on one which hosts millions of visitors both Federal regulation and taxation the economy of my State of Nevada. each year, does not have its share of of gaming. Ultimately, in my opinion, Advocates of legislation to create a public issues and challenges to address. they will not be satiated until this law Federal Gambling Study Commission The industry, to its credit, is making a abiding industry is either outlawed or have stated the purpose of the commis- serious effort to address concerns regulated to death. I wish to disabuse sion is to study the socioeconomic ef- about problem gaming. For example, them of any notion that they will suc- fects of all forms of gambling and to the industry recently made a multi- ceed in their endeavors without a fight. make recommendations to Congress. million dollar commitment to a new It is difficult to even grant this com- They consistently emphasize that no national center for responsible gaming mission the benefit of the doubt. While one, least of all the legal gaming indus- which last week chose the Harvard I have some hope that the commission try, should fear just a study. Medical School’s division of addiction will appreciate Nevada’s model of mod- While the gaming-entertainment in- for a $140,000 grant to study problem ern gaming operations I am concerned dustry has nothing to fear from a fair gaming. that it will focus on those stories and unbiased study, anti-gaming This all leads me back to the ques- where gaming has failed. The well or- groups have tried to skew this study tion of why we need to spend taxpayers ganized special interests lined up into looking at only one side of the dollars to study gaming. against lawful gaming operations have issue and to turn this into a crusade. Again, this bill is better than the consistently demonstrated their will- The argument has been advanced House version which contains an open- ingness to find only one side of the de- that a Federal commission is needed to ended, unrestricted authority for the bate. It is imperative that those who look at the impacts of the spread of commission to issue subpoenas. In the are appointed to this commission in- gaming because State and local gov- House version, there are almost no pro- clude people of good will and impar- ernments lack the ability to acquire tections on what could be subpoenaed tiality who are capable of examining and act on objective information in the and what they could do with this infor- this industry from an unbiased perspec- face of well-financed attempts to put mation. I do not believe gaming is appro- tive. It does not need headline seekers casinos or other gaming-entertainment priate for all locations. Each commu- intent on magnifying a few unique neg- operations in their area. nity should weigh the merits and de- The reason why this premise is false ative stories and painting a broad- cide if they want gaming, and if they is that even without the assistance of a brush gloom and doom picture that do, what types of gaming and under Federal commission, jurisdiction after would unfairly taint Nevada’s No. 1 what conditions do they want it. employer. jurisdiction has actually decided not to I am concerned that in certain juris- Perhaps my greatest objection to approve an expansion of gaming. No dictions gaming is not being ade- this measure, however, is the unwar- State has approved new casino gaming quately regulated. Nevada’s gaming in- ranted inclusion of subpoena power. In for several years. For example, 7 of 10 dustry is closely monitored with the this Senator’s view, we should not be gaming initiatives were defeated in State regulatory body employing 375 empowering congressionally appointed 1994 and no new casino gaming or video individuals. Unless the regulation is commissions with such broad subpoena poker was approved by a new jurisdic- improved in certain jurisdictions, in- authority for a study of gaming. Per- tion in 1995. cluding Indian casinos, we may see mitting the exercise of such a coercive The proposed commission is a Fed- problems down the line. We should tool only invites mischief and abuse by eral solution in search of a nonexistent make it a priority to improve this reg- those who are hostile to the gaming in- State problem: States are free to make ulation. dustry. their own decisions on whether to per- I regret some groups have seized this I realize it is the prerogative of the mit gaming, one way or another. issue to make a full court press against majority to set this Congress’ agenda Still others attack legalized gaming all gaming. Gaming-entertainment is a and prioritize those issues that should as some insidious form of entertain- legitimate, highly-regulated industry be addressed. I do not believe the for- ment that must be banned. The fact is that is being unfairly maligned. It has mation of this unwarranted commis- today the legalized gaming industry is made significant contributions to the sion is, or should be, a priority. Again, as legitimate a business as any of the Nation’s economy and I am proud of this is a matter of States rights. Fortune 500. More than 50 publicly- the benefits it has brought Nevada. Today, by voting against this bill, I traded companies, all regulated by the Mr. LAUTENBERG. Mr. President, in realize I represent but the smallest mi- Securities and Exchange Commission, recent months, the gaming industry nority. However, I believe my concerns own gaming interests. The stocks of has come under considerable attack about the potential for abuse and offi- these companies are owned by millions here in Washington. And as a senator cious intrusion are entirely warranted. of Americans around the country. who represents thousands of ordinary There is not a doubt in my mind as to The gaming-entertainment industry people who are employed by the indus- the ultimate agenda of the antigaming directly and indirectly employs over try, I want to come to their defense. extremists. It is my sincere hope that one million people throughout the Mr. President, if you believed some of my fears are proved wrong. I wish I United States, paying $6 billion in sala- the rhetoric around here, you would could stand before this body and say I ries in 1994 alone. The casino gaming- think that gaming is the root of all look forward to reading a responsible entertainment industry paid more than evil. Yet millions of Americans gam- and insightful report on gaming. Unfor- $1.4 billion in taxes to State and local ble, whether in the form of State lot- tunately, while this commission may governments in 1994 with an estimated teries, office pools, race track betting, be created with the best of intentions, $6 to $7 billion more paid by other church bingo, or casino gaming. For there is too much opportunity for it to forms of gaming-entertainment, such these citizens, gaming is fun, it is ex- do mischief and promote unwarranted as State lotteries, horse and dog rac- citing, and, if pursued in moderation, it proposals. That said, I will be steadfast ing. need not do any harm. in my own monitoring of its Nevada is proud to be the gaming-en- Gaming is also an important part of evolvement and agenda. tertainment capital of the world. Ne- our economy, and provides jobs and op- Mr. BRYAN. Mr. President, I would vada’s gaming industry provides 43 per- portunities for thousands of our citi- like to register my strong opposition cent of the $1.2 billion annually going zens. Nationwide, casinos provide jobs

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7979 for over 365,000 Americans. In Atlantic they need help. We should not ignore Senate Committee on Government Af- County, NJ, casinos directly supply their plight. In the case of other addic- fairs when it adopted the Stevens sub- one out of three jobs. Last year, 33 mil- tions, we’ve encouraged public edu- stitute amendment on May 14. In my lion people visited Atlantic City, more cation efforts which have proven to be view, the final measure represents a than any other city in America. the most effective deterrent to ex- balanced approach—one that addresses Mr. President, in 1976, the voters of cesses. I would encourage States and individual privacy rights and business New Jersey decided that they wanted localities to consider such efforts, if trade concerns but also provides the Atlantic City to have casinos. That appropriate. However, for the over- commission the authority and re- was a democratic decision that re- whelming majority of people, gaming sources necessary to thoroughly exam- flected the views of our electorate. No- is a complement to a vacation or the ine this issue. body forced New Jerseyans to vote that equivalent of going to a movie on Sat- This legislation has drawn broad, bi- way. They evaluated the benefits of urday night. It is recreation. And, in partisan support in Congress. I strong- gaming, and they made their choice. the case of Atlantic City, the tourism ly urge my colleagues to vote in favor As a result of that decision, revenues industry is making great efforts to di- of S. 704. generated by the gaming industry in versify and provide attractive conven- Mr. COATS. Mr. President, there is a New Jersey have provided literally tion facilities and opportunities for shadow creeping across the American hundreds of millions of dollars for var- family vacations. I would hate to see landscape. It thrives in some of the ious projects throughout the State. these efforts, and the contribution they poorest of our urban and rural commu- They have financed the New Jersey make to our State’s economy and com- nities. It threatens our towns and cit- Vietnam Veterans Memorial. They munities, hurt by a political witch ies with economic cannibalism. It un- have built hundreds of homes. They hunt. dermines our political process with a have renovated day care centers, a bus So, Mr. President, I hope that the flood of cash into the campaign coffers terminal, and a trauma center. commission’s study will prove to be ob- of our politicians. It preys upon the They also have helped improve the jective, balanced, and fair. And I hope weakness of the poor, the elderly, and lives of countless numbers of people its conclusions are reasonable and ra- the young with the promise of easy living in the area. In Atlantic City, the tional. However, if this study simply money. It undermines the family with number of families on Aid to Families leads to punitive legislation, which pathological addition and spousal and with Dependent Children has dropped will hurt the hundreds of thousands of child abuse, and neglect. Mr. President, what is this menace? by about 30 percent since the first ca- men and women who work in our casi- We know it all too well. It is gambling. sino opened. nos and related jobs, I will fight it An industry that, just a few years ago, The more than $1 billion from casino every step of the way. was frequently pursued by law enforce- property taxes paid since 1978 have low- Mrs. KASSEBAUM. Mr. President, I ment agencies from the Federal Bureau ered the burden on other property own- rise today in support of S. 704, legisla- of Investigation down to rural county ers and supported schools in Atlantic tion to establish a national gambling sheriffs is today touted as the eco- County. Taxes on casino revenues have impact study commission. supported pharmaceutical assistance to In the past few years, we have wit- nomic savior of communities across America. And it is increasingly em- the elderly, nursing and boarding home nessed the rapid proliferation of the braced and promoted by State and care and assistance with utility bills gaming industry across the Nation— local government across the country as for senior citizens and the disabled. initially under Indian tribal ownership the answer to chronic government Mr. President, in the past, some casi- and more recently by State govern- nos have been tied to organized crime funding problems. ments. In my home State of Kansas, Mr. President, the gambling industry and other problems. But it is unfair to the casino and slot machine issue has is booming. In 1988, only two States— assume, as some do, that these prob- been hotly debated. Race tracks and Nevada and New Jersey—permitted ca- lems are inevitable. Atlantic City’s ca- river boat gambling have been estab- sino gambling. By 1994, 23 States had sinos are the most regulated in the lished in the Kansas City area, and legalized gambling. During this time, country, perhaps the world. And the both the Kickapoo and Potawatomie casino gambling revenue nearly dou- history of the last two decades is that, Nations have plans to expand certain bled. In 1993, $400 billion was spent on by and large, this regulation works. gaming facilities on tribal lands. all forms of legal gambling in Amer- Mr. President, I met recently with I realize that gaming can provide tre- ican. Between 1992 and 1994, the gam- the heads of the New Jersey casinos. mendous revenues for State and local bling industry enjoyed an incredible 15 And I can tell you that the industry is economies, particularly for Indian percent annual growth in revenues. not concerned about a study, if it is tribes wishing to improve reservation Many of my colleagues would look at conducted in a fair and impartial man- conditions and provide employment op- this performance and say ‘‘good for ner. portunities. In this regard, gaming has them.’’ Many would cite the gambling But, Mr. President, I have real con- produced positive results. However, industry as an American success story. cerns about the likelihood that the growing evidence indicates gambling I am not so enthusiastic. There are commission to be established by this has some harmful side effects. A par- many unanswered questions regarding legislation will not be impartial. The ticular concern focuses on reports that the hidden costs of rolling out the wel- whole impetus for this legislation gaming causes the breakup of families, come mat for the gambling industry. seems to be coming from the Christian suicides, increased teenage gambling, Many of the promises made by the Coalition and others who are on a corruption, and the closing of main gambling industry—of jobs, economic moral crusade against the industry. street stores. growth and increased tax revenues—are Maybe some of my colleagues believe Mr. President, I think an impact dubious at best. The statistics on the that Ralph Reed and others only want study would help Americans better un- devastating impact on our families are an objective evaluation of this indus- derstand the unintended social and eco- beginning to roll in. Concern about try. But I doubt it. Instead, Mr. Presi- nomic effects the gaming industry is teenage gambling addition is growing dent, this study seems designed to lay having on our families and commu- as more and more teens are lured by the groundwork for a massive attack nities. I also believe we have a respon- the promise of easy money. Crime and on the gaming industry. An attack sibility to bring together all the rel- suicide numbers are sky-rocking in that serves the political goals of a rad- evant data so that Governors, State communities where gambling has ical fringe. legislators, and citizens can make taken root. I want to acknowledge that, as with more informed decisions about gam- Mr. President, it is time to take a many other products and services, bling in their home States. good, hard, objective look at the gam- some people who gamble do so to ex- Concerns have been raised in the Sen- bling industry and the gambling com- cess. And that can be a very serious ate regarding the commission’s origi- mission proposed in this bill is an im- problem. Compulsive gamblers can de- nal subpoena authority. As my col- portant step toward getting the facts. stroy themselves and their families leagues have already stated, however, Critics of a gambling study commis- with just a few rolls of the dice, and those concerns were addressed by the sion claim that this is purely a State

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7980 CONGRESSIONAL RECORD — SENATE July 17, 1996 issue, that there is no Federal role. players came from within 50 miles of now our Nation has struggled with the This claim will not bear scrutiny. Arti- Joliet. A similar study of gambling in demon of addiction. In the past, this cle 1, Section 8 of the Constitution Aurora found that 70 percent of all problem has taken the form of drugs clearly provides Congress authority players came from the immediate Au- and alcohol. However, the rapid expan- over issues of interstate commerce. Mr. rora area, with only 3 percent coming sion of gambling injected a new nar- President, surely a one half trillion from outside the state of Illinois. cotic into the Nation’s bloodstream. dollar-a-year industry, in which parent Henry Gluck, the CEO of Caesar’s Problem and pathological gambling is corporations own and operate facilities World casino firm told a 1994 New York on the rise. The National Council on in multiple States, can be considered State Senate hearing on gambling that Problem Gambling places the number interstate commerce. Further, gam- the potential for casinos to attract of Americans with serious gambling bling interests are involved in political outside dollars, and I quote, ‘‘truly ap- problems at around 5 percent. Most campaigns in virtually every State, plies to a few major cities in the studies confirm this estimate. How- and crime associated with gambling United States.’’ I doubt that this is the ever, as gambling becomes more perva- does often cross State lines. Finally, message that the people of Harrison sive, this number is increasing. What given the potentially devastating im- County, IN are getting from the gam- does this mean? pact of pathological gambling on the bling industry. As with other addictive behaviors, American family, it is critical that this It is becoming increasingly clear that gambling impacts the individual, their Federal commission be established to these casinos provide little additional families, their job, virtually every as- value to local economies and tend to gather the facts on the explosion of le- pect of their lives. Marital problems— shift money out of local businesses. Ca- galized gambling. separation and divorce, spousal and Opponents of this commission have sinos are one-stop entertainment. They child abuse and neglect, substance raised many charges against it. They provide meals, drinks and everything abuse, and suicide are all side-effects of have claimed that the commission is a else. Players simply take entertain- problem gambling. Durand Jacobs, an tool of the religious right. they have ment dollars that would normally be individual who has done outstanding spent at local restaurants, bowling claimed that the commission will be- research on the impact of gambling, alleys, baseball parks, and movie thea- come a witch hunt against the gam- conducted a study of 850 Southern Cali- ters and spend them at the casinos. bling industry. fornia high school students. He discov- This is not economic growth. It is eco- Mr. President, these claims are un- ered that ‘‘children with gambler par- founded. The appointment of commis- nomic churning. Crime is another critical issue that ents experienced almost twice the inci- sioners will be equally divided between this Commission will examine. Tradi- dence of broken homes caused by sepa- the executive branch and the two tionally, organized crime has been syn- ration, divorce, or death of a parent by Houses of Congress, ensuring that no onymous with the gambling industry. the time they were 15 years old.’’ An- faction may dominate the work of the There is every indication that its influ- other study, published in the Journal commission. Further, Mr. President, ence is still present. However, just as of Community Psychology, found that the scope of the commission is clearly important are the more local concerns about 10 percent of the children of com- established within this legislation, of dramatic increases in theft and vio- pulsive gamblers had been the victim which will prevent commission mem- lence that has followed the growth of of physical abuse of the gambler par- bers from embarking on unrestricted gambling in America. A study con- ent. Fully one-quarter of the children investigations of the industry. Finally, ducted by ‘‘U.S. News and World Re- in the study suffered ‘‘significant this legislation enjoys broad bipartisan port’’ found that crime rates in com- behavorial or adjustment problems.’’ support, across both ideological and po- munities with gambling are nearly Ronald Reno, in his study on the litical lines, in both the House and double that of the national average. ‘‘Dangerous Repercussions of Amer- Senate. President Clinton has indi- Examining assault, burglary, and lar- ica’s Gambling Addiction,’’ cites a cated his support for this commission. ceny, the report found 1,092 incidents gamblers anonymous study that found The national media and newspapers per 10,000 population in 1994 in commu- that 78 percent of spouses of gamblers across the country have been unani- nities where gambling is present. The threatened separation or divorce with mous in advocating this gambling national average for these crimes is of nearly half carrying through on their study commission. 593 per 10,000 people. U.S. News con- threat. Mr. President, in recent years the cluded that ‘‘* * * towns with casinos Harrison County, MS, an area of in- gambling industry has preyed increas- have experienced an upsurge of crime tense gambling activity, experienced a ingly on struggling rural communities. at the same time it was dropping for 149-percent increase in the divorce rate These communities have been targeted the Nation as a whole. They recorded a the year following the introduction of with millions of dollars in promotional 5.8 percent jump in crime rates in 1994, riverboat gambling. A study in Dead- money and lobbying. They are lured by while crime around the country fell 2 wood, SD, found that reports of domes- the promise of booming economic de- percent.’’ This same study found that tic abuse have risen more than 50 per- velopment, new jobs and expanded tax in 31 locations that got new casinos cent since the advent of legalized gam- revenues. crime surged 7.7 percent in the first bling. Central City, CO, experienced a There can be little doubt that this year following the introduction of the six-fold rise in child protection cases in promise has held true in the short-run casino. the first year following casino for some communities. What many Deadwood, SD legalized casino gam- gambling’s introduction. communities are beginning to discover, bling in 1989. Five years later serious Mr. President, perhaps the most dis- however, is that in the medium and crimes had increased by 93 percent, turbing fact about the spread of gam- long term, gambling takes a lot more forcing the community to double the bling is the danger it poses to children. from our communities than it gives. size of its police force. In Central City, As with other addictive behaviors, our These costs are measured in broken CO assaults and thefts increased by 400 children are most vulnerable to gam- families and broken lives. percent in the first 2 years after bling addiction. Our communities are being sold on gambling’s introduction. The March 1996 edition of ‘‘Policy Re- the vision of becoming another Las Mr. President, our Nation is all too view’’ tells the story of Joe Kosloski. Vegas. They are being promised tourist aware of the toll that crime takes on Joe, then 16, won a little money at a dollars and booming economic growth. our cities and towns. It is critical that bowling tournament. Taking the The reality is different. The preponder- we come to understand how gambling money, he and some friends headed for ant majority of gamblers on riverboats acts as a catalyst for criminal activi- the Atlantic City casinos. Despite and in this new breed of casino are ties and provide these facts to commu- being only 16 at the time, these kids from the local community. Essentially, nities that face decisions about invit- got in. Joe got on a roll, and parlayed the gambling industry is cannibalizing ing this industry into their local his winnings into a couple of thousand the local economy. economies. dollars. Like most gamblers though, A 1994 study of riverboat gambling in Another area of concern is that of Joe’s luck did not last. His fever for Joliet, IL found that 74 percent of all pathological gambling. For decades gambling, unfortunately, did.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7981 Once the cash ran out, Joe opened quote the late Dr. Richard C. Halver- vada. Mr. President, without their co- credit accounts in the names of family son, our former chaplain, this State operation, this would not be possible. members and used cash advances and sponsored gambling is nothing short of Like them, I have some reservations, credit cards to gamble. When Joe’s a tax on the character of our people. It but they have helped work out the scam finally came crashing down on is dereliction of our public duty to use problems, and I think they should get him, he had amassed a $20,000 debt. At gambling to solve Government revenue the opportunity to be recorded against 20 years of age, with no previous crimi- problems. this Commission, even though they nal record, he is in Pennsylvania Fed- Annual lottery sales now approach have agreed to let it go on a voice vote. eral Prison for credit card fraud. $32 billion. Yet the virtue of gambling The PRESIDING OFFICER. Without Mr. President, it had been my inten- as a revenue source is dubious at best. objection, it is so ordered. tion to offer an amendment to S. 704. Money Magazine estimates that States The bill (H.R. 497), as amended, was As currently written, the bill would keep only about one-third of total reve- deemed read the third time, and provide the Commission the power to nues generated from lotteries. Further, passed. subpoena documents only. In my view, many States rely on lottery revenue to Mr. LOTT. Mr. President, I want to this substantially limits the Commis- fill revenue gaps rather than lower recognize the diligent efforts of the sion’s ability to do its work. The gam- taxes. Many States claim to use the Senators who have been working on bling industry is a one-half trillion dol- lottery to fund education. However, the this Commission. Senator LUGAR, from lar a-year cash business. Many of the proportion of State spending on edu- Indiana, has been very helpful. He is insidious tactics used by the gambling cation has remained relatively un- one of the two original sponsors. He industry to bilk people out of their changed. has been ably assisted in our effort to money must be considered by the com- Perhaps most disturbing, Mr. Presi- clear out problems by Senator COATS mission in order to understand fully dent, is that as States are being flood- from Indiana. Several Senators had the modern business of gambling. ed with gambling cash, the tide of po- some amendments they were interested These techniques range from litical scandal is rising. Across the in on both sides of the aisle, and they themeing—the development of themes country, State legislators are grap- have agreed to withhold those. There within the casino to attract and hold pling with how to stem the tide of gam- was also, of course, the very fine work people there for longer periods of bling interest dollars and the corrup- of Senator SIMON to help work through time—to various techniques to entice tion that follows it. And Congress is no problems on the Democratic side of the people to place more frequent or higher exception. Gambling dollars are also aisle. Without their cooperation, ef- wagers. Here I quote from a ‘‘U.S. News finding their way into our campaigns. forts, and commitment to this, it and World Report’’ article of March, Mr. President, I feel strongly that the would not have happened. In fact, I 1994: Commission should examine this prob- would not have been pushing for it per- A decade ago, most casinos bothered to lem in detail. sonally. gather data only on high rollers. Now they In closing, Mr. President, I congratu- So I commend them. I would be glad use slot-club cards to snare the meat-and po- late Senators LUGAR and SIMON for get- at this point to yield the floor so they tatoes guy, too. After filling out a survey ting this bill passed. It was no easy can make statements. and receiving an ATM-like card, slot junkies One final person, if I might, Mr. insert them into a ‘‘reader’’ built into al- task. In addition, I reiterate my con- cern and my warning regarding the President. I would like to also com- most all slot machines. In a distant com- mend the chairman of the Govern- puter room, casinos track the action 24 subpoena issue. If the gambling indus- hours a day, down to the last quarter. try throws its lawyers at the Commis- mental Affairs Committee who had this Players who use the cards the longest get sion the way they have thrown their hot potato in his lap and managed to the most comps, somewhat like a frequent- lobbyist at Congress, I have little work it out in a way so that we can get flier giveback. At the Trump Castle in Atlan- it approved by unanimous consent. I tic City, an internal document shows that 64 doubt that we will revisit this issue. Mr. LOTT. Mr. President, I ask unan- thank him for that work. percent of all slot players now use the Castle Several Senators addressed the card. The cardholders lost $109 million to the imous consent that a managers’ amendment at the desk be deemed con- Chair. slots last fiscal year, or about $101 per player The PRESIDING OFFICER. The Sen- per trip. Slot players who never bothered sidered and agreed to, the bill be ator from Alaska. with the card, by contrast, lost $31 per trip deemed read the third time, the Senate on average. Mr. STEVENS. Mr. President, the proceed to the House companion meas- Senator from North Carolina has been Mr. President, it is my strong belief ure, Calendar No. 344, H.R. 497, and all very patient with us this afternoon. He that this Commission should have full after the enacting clause be stricken repeatedly sought the floor. We have subpoena power to encourage the co- and the text of S. 704 be inserted in lieu urged him to delay. I now ask that, in operation of gambling industry figures thereof, the bill be deemed read the morning business, he be recognized so to appear before the Commission. In third time, and passed, the motion to that he may make his statement for 12 order to ensure that this bill was reconsider be laid upon the table, and minutes. brought to the floor and passed, in any statements or colloquies relating The PRESIDING OFFICER. Is there order to ensure that there is no delay to the measure appear at this point in objection? in getting to the facts, I agreed not to the RECORD. Finally, I ask that S. 704 Mr. SIMON. Mr. President, reserving offer this amendment. However, I am be returned to the calendar. the right to object—I shall not—I here to serve notice that, at the first Mr. REID. Mr. President, reserving would like to speak for 2 minutes on indication that the gambling industry the right to object. I want the RECORD the bill. is dodging the Commission, I will be to reflect when the voice vote is done, Mr. STEVENS. Let me ask this. I ask back here to offer legislation to broad- or whatever the procedure is to get this unanimous consent that Senator FAIR- en the Commission subpoena power. matter passed, that I be recorded as CLOTH be recognized for 12 minutes, Finally, Mr. President, I would like voting ‘‘no’’ and that I be allowed to Senator SIMON for 2 minutes, and Sen- to talk briefly about State sponsored insert in the RECORD a statement re- ator KENNEDY for 3 minutes as though gambling. In most States this takes garding this legislation dealing with in morning business so that we can get the form of lotteries. However, in many the unanimous-consent request. that out of the way. Then we will go States, including Indiana, the lottery The PRESIDING OFFICER. Is there back to the bill. has opened the door to scratch tickets, objection? The PRESIDING OFFICER. Without horse racing, casinos, the works. At Mr. REID. Mr. President, I would like objection, it is so ordered. last count, 48 States have become in- that to be a part of the request. The Senator from North Carolina. volved in some form of gambling. Mr. Mr. BRYAN. Mr. President, I make Mr. FAIRCLOTH. Mr. President, I President, given the concerns I have the same request. ask unanimous consent to be recog- laid out, there is something very dis- Mr. LOTT. Mr. President, I add that nized as if in morning business for 12 turbing about States promoting gam- to the unanimous-consent request. I minutes. bling as a solution to economic devel- ask to include the statement and posi- Mr. SIMON. Parliamentary inquiry, opment and shrinking tax bases. To tion of both of the Senators from Ne- Mr. President: I reserved the right to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7982 CONGRESSIONAL RECORD — SENATE July 17, 1996 object subject to my being acknowl- sors of the bill—the Senator from Indi- will provide it the resources and time edged for 2 minutes to speak on this ana, the Senator from Illinois and the for thorough investigations and rec- bill. I do not think that the request Senator from Alaska and also my dis- ommendations. was granted. tinguished colleague in the House of The gambling industry has spoken Mr. STEVENS. The request was Representatives, Representative FRANK out against the investigatory tools this granted, Mr. President. We had com- WOLF. I have been working as a team bill gives the Commission and I can un- mitted to Senator FAIRCLOTH first, if with FRANK WOLF. It is essential for derstand their concern that the Com- the Senator does not mind. America simply to listen and learn mission be even-handed. I believe the Mr. SIMON. I would like to speak for about the growth of gambling. Then we compromise reached concerning the 2 minutes on the bill which was just can decide for ourselves. States and in- scope of the Commission’s use of sub- passed, if I may. I think my colleague dividuals can decide for themselves. poenas and hearings responds to those from North Carolina would yield to me. But this bill will start a vital edu- concerns. For the Commission’s con- Mr. FAIRCLOTH. I yield to the Sen- cational process. clusions to be reliable, it must have ator from Illinois for the 2 minutes, if I am privileged to have been a part of good information from the industry— I may then go. the effort which has succeeded today. without this cooperation, the Commis- Mr. SIMON. I thank him. We did not get everything we wanted. sion would be no more useful than the Mr. WARNER. Mr. President, will the But we have certainly made a start, incomplete and biased studies States Senator kindly yield to me 1 minute and, if necessary, there may be a sequel and localities have had to rely upon in following the Senator from Illinois? I to this piece of legislation in the fu- the past. am on the same bill. ture. The Commonwealth of Virginia has Mr. FAIRCLOTH. I also yield to the Mr. WARNER. Mr. President, I ap- considered a number of types of gam- Senator from Virginia. plaud passage of the Gambling Impact bling over the past several years. It has Mr. STEVENS. Mr. President, respec- Study Commission Act. It has been ap- adopted some, such as a State lottery, tively we have already yielded to the parent for some time that a reasonable while rejecting others like riverboat Senator from Massachusetts following consensus had been reached on pro- casinos. The new Commission will be the Senator from North Carolina. If viding the Commission with reasonable able to provide the Virginia legisla- our request is going to be honored, I powers and duties, and I congratulate ture, executive branch, and citizens hope we will adjust this accordingly. the leadership for bringing this impor- with more accurate facts as they con- Does the Senator from Virginia seek tant bill to the floor. tinue to debate the future of gambling to speak on the same bill as the Sen- I also congratulate Senator STEVENS in the Commonwealth. ator from Illinois? for maneuvering this legislation I do not favor federalizing regulation Mr. WARNER. Mr. President, that is through a tricky legislative process. of the gambling industry—this bill does correct; the same bill on which I am a Senators LUGAR and SIMON have done a not require or foresee any Federal re- cosponsor. remarkable job of keeping public at- sponse to the findings made by the Mr. STEVENS. May I suggest that tention on this issue. And Representa- Commission. It is a fact-finding act. the Senator from Illinois be recognized tive WOLF from my home State of Vir- Seeing the growing importance of gam- for 2 minutes, the Senator from Vir- ginia has certainly been a leader in bling in our society, however, I have ginia for 1 minute, the Senator from steering this legislation through the concluded that discovery of these facts Massachusetts 3 minutes, and the Sen- House of Representatives. I have en- for consideration by the States may be ator from North Carolina will have his joyed working with all of them to more important than any new Federal 12 minutes. make sure that the facts about gam- legislation. I rephrase my unanimous-consent re- bling are laid before the people so that Again, I congratulate the leadership quest. they and their representatives can and sponsors, and I hope that this leg- The PRESIDING OFFICER. Without make fully-informed decisions about islation can be enacted in the very near objection, it is so ordered. gambling in their States and commu- future. The Senator from Illinois. nities. Mr. SIMON. Mr. President, I thank a Mr. President, we all know that the The PRESIDING OFFICER. The Sen- number of my colleagues for their help benefits of gambling are often easy to ator from Massachusetts is recognized on creating the commission that has see—tax revenues for the States, jobs according to the agreement. just passed, assuming the House acts created in casinos, attention paid to Mr. KENNEDY. Mr. President, I favorably. cities or States with exciting games thank the Chair. I thank Senator FAIR- Particularly, I would like to thank and lotteries. These benefits are very CLOTH. my colleague from Indiana, Senator evident in a number of our commu- Mr. President, speaking today at a LUGAR. Senator WARNER from Virginia nities around our country. private high school in Minneapolis, has been very helpful. Senator John The problem is that the downsides of candidate Bob Dole—formerly Senator GLENN was helpful. Senator STEVENS gambling are harder to see. If a teen- Bob Dole, who should know better—of- was helpful. And a number of others ager gets addicted to gambling, or a fa- fered the American people what he that I should acknowledge, as well as ther loses his family savings, the ef- called an ‘‘Education Consumer’s War- Michael Stevenson of my staff. What fects on their families, their employ- ranty.’’ But candidate Dole was not we have just done is to say, let us look ers, and their friends, are difficult to being candid about the facts. at this problem. I think we owe that to quantify. And just as there is no doubt He did not hesitate to bash teachers the Nation, and I appreciate our col- that the benefits of gambling are real, and students. But many of his criti- leagues doing that. these hidden costs are very real indeed. cisms were based on blatant misin- The fastest growing industry in our This Commission will be an unbiased formation, and he offered no solutions Nation today is legalized gambling. Is factfinding body to analyze the effects to the problems he mis-identified. this good for the Nation? Is it not? of gambling. The Commission will have Candidate Dole said that test scores Should it be slowed somewhat? No one a number of important topics to con- and literacy are dropping. In reality, suggests that we are going to close sider, including: gambling addictions, math and science scores on the Na- down Las Vegas or Atlantic City. But I reliance by States on gambling reve- tional Assessment of Educational think we ought to look at this problem nues, advertising, the effect of in- Progress are up since 1982—for 9- 13- and see what the dimensions of that creased gambling operations on Native and 17-year olds. In addition, American problem are and what we ought to do. American communities and reserva- students finished second among 31 na- That is what the commission bill does. tions, relationships between gambling tions in a 1992 study of reading skills. I thank my colleagues. and crime and alcoholism, and effects Candidate Dole said that students are The PRESIDING OFFICER. The Sen- of gambling on other types of busi- taking fewer courses in basic subjects. ator from Virginia. nesses and entertainment. The Com- The opposite is true. In the early 1980s, Mr. WARNER. Mr. President, I wish mission will have a full plate of issues only 13 percent of high school grad- to join in thanking the principal spon- to consider and I am confident this bill uates had 4 years of English and at

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7983 least 3 years of math, science, and so- under ‘‘Statements on Introduced Bills The PRESIDING OFFICER. Without cial studies. By 1990, according to the and Joint Resolutions.’’) objection, it is so ordered. National Center for Education Statis- f The amendment is as follows: tics, 40 percent of high school grad- On page 9, line 22, before the period, insert: DEPARTMENT OF DEFENSE AP- uates had taken at least those basic ‘‘: Provided further, That of the funds appro- PROPRIATIONS FOR FISCAL courses. priated under this heading, $1,000,000 is avail- Candidate Dole said that SAT scores YEAR 1997 able, by grant or other transfer, to the The Senate continued with the con- Harnett County School Board, Lillington, are dropping. He was right 10 years ago, North Carolina, for use by the school board but he is very wrong now. In 1983, SAT sideration of the bill. for the education of dependents of members scores had been dropping for a decade. The PRESIDING OFFICER (Mr. of the Armed Forces and employees of the In the 1990s, they are rising. The na- ABRAHAM). The Senator from Alaska. Department of defense located at Fort Bragg tional average score for the class of AMENDMENT NO. 4575, AS MODIFIED and Pope Air Force Base, North Carolina’’. 1995 was 910, the highest since 1974. Mr. STEVENS. Mr. President, I send Mr. HELMS. Mr. President, this Candidate Dole also said that drop- to the desk a modification of the amendment will help restore equitable out rates are rising. In fact, more stu- amendment No. 4575, and ask it be con- treatment for Fort Bragg-based mili- dents are finishing high school and sidered immediately. tary personnel and dependents who live going on to college than ever before. The PRESIDING OFFICER. Without in and attend school in nearby Harnett The high school dropout rate has been objection, it is so ordered. County, NC. To achieve this, my cut by a third—from 17 percent in 1967 The clerk will report. amendment authorizes $1,000,000 from to 11 percent in 1993. Almost 90 percent The bill clerk read as follows: fiscal year 1997 Army O&M funds to be of students are graduating from high The Senator from Alaska [Mr. STEVENS], applied to the costs of Harnett County school. Between 1980 and 1993, the pro- for Mr. SPECTER, for himself, Mr. JOHNSTON, schools’ providing quality education to portion of high school graduates going Mr. COCHRAN, and Mr. LOTT, proposes an amendment numbered 4575, as modified. dependent children of Fort Bragg per- to college increased—from 49 percent sonnel. to 62 percent. Mr. STEVENS. Mr. President, I ask This amendment will remedy the Despite these improvements, much unanimous consent that reading of the gross disparity that now exists in the more needs to be done, and I commend amendment be dispensed with. distribution of impact aid dollars in- The PRESIDING OFFICER. Without candidate Dole’s new-found support for tended to help defray the costs of the objection, it is so ordered. education. As Senate majority leader, schooling of military-connected de- The amendment is as follows: he helped lead the Republican attempt pendents. Over the years, and despite a to slash funds for education. He even On page 19, line 7, before the period insert the following: ‘‘: Provided, That of the funds substantial increase in Fort Bragg-con- wanted to slash support for safe and provided in this paragraph and not with- nected student populations, the Fed- drug free schools by more than half. standing the provisions of title 31, United eral Government has provided a declin- But now he agrees that every student States Code, Section 1502(a), not to exceed ing amount of impact aid dollars to has the right to be safe in school. $25,000,000 is available for the benefit of the Harnett County. Under current law, Candidate Dole voted to cut support Army National Guard to complete the re- Harnett County no longer qualifies for for reading and math by $1 billion last maining design and development of the up- any impact aid funding. year. Now he rightly agrees that all grade and to increase gunner survivability, Mr. President, much of the growth in students need a solid grounding in range, accuracy, and lethality for the fully Harnett County’s public school system modernized Super Dragon Missile System, basic subjects. including pre-production engineering and is directly attributable to the influx of Candidate Dole voted against the Im- systems qualification’’. military personnel. According to one proving America’s Schools Act in 1994, Mr. STEVENS. Mr. President, I ask housing developer in Harnett County, which encourages greater parent in- this amendment be agreed to because it 98 percent of the families buying in one volvement in the full range of edu- will provide up to $25 million to up- of his communities are military fami- cational decisions for their children. grade the Dragon Missile System that lies. During the past few years, thousands Now he rightly says parental participa- is currently employed by the Army Na- of students have been added to the rolls tion is a key component of successful tional Guard. It has been cleared on of Harnett County’s school system. education. both sides, I believe. Obviously, when it comes to edu- The PRESIDING OFFICER. The Sen- Many of them are children of Army cation, candidate Dole has a difficult ator from Hawaii. personnel and DOD civilians employed time escaping his anti-education Mr. INOUYE. We have no objection. at Fort Bragg. This growth has caused record. The PRESIDING OFFICER. Without severe school overcrowding in Harnett By contrast, President Clinton is the objection, the amendment is agreed to. County. Many children attend classes ‘‘Education President.’’ He has worked The amendment (No. 4575), as modi- in temporary facilities, such as cafe- tirelessly and effectively to improve fied, was agreed to. terias, gymnasiums, auditorium stages, education since he was elected in 1992. Mr. STEVENS. Mr. President, I move libraries and trailers. In some schools, He led the opposition to the Repub- to reconsider the vote. students must wait in line up to an licans’ attack on education last year, Mr. INOUYE. I move to lay that mo- hour to use the bathroom. and he has proposed a budget that in- tion on the table. Mr. President, projections indicate vests significantly more in education The motion to lay on the table was that Harnett taxpayers will have to in the years ahead, and while still agreed to. spend $87,000,000 for new schools within achieving a balanced budget in the AMENDMENT NO. 4493, AS MODIFIED the next decade merely to keep up with year 2002. (Purpose: To provide $1,000,000 to assist the this growth. The county simply does If Americans want an Education education of certain dependents of Depart- not have the resources to build another President, they already have one. Any ment of Defense personnel at Fort Bragg school without substantial assistance. ‘‘Education Consumer’’ would be well- and Pope Air Force Base, North Carolina) The Federal Government has an obvi- advised to go with the proven product, Mr. STEVENS. Mr. President, I ask ous obligation to provide for the edu- not a candidate who is suddenly discov- the clerk lay before the Senate amend- cation of military dependents. Because ering the error of his past ways. ment No. 4493, as modified. of the nature of military service which Mr. President, I thank the Senator The PRESIDING OFFICER. The requires frequent moves and reassign- from North Carolina. clerk will report. ments, military families seldom have Mr. FAIRCLOTH addressed the The bill clerk read as follows: an opportunity to establish strong Chair. The Senator from Alaska [Mr. STEVENS], roots in a community and to become The PRESIDING OFFICER. The Sen- for Mr. HELMS, proposes an amendment num- active in local schools. The Federal ator from North Carolina. bered 4493, as modified. Government has a duty to ensure that (The remarks of Mr. FAIRCLOTH Mr. STEVENS. Mr. President, I ask these parents need not worry about the pertaining to the introduction of S. unanimous consent that reading of the quality of education afforded their 1968 are located in today’s RECORD amendment be dispensed with. children.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7984 CONGRESSIONAL RECORD — SENATE July 17, 1996 To further exacerbate the education Bragg-connected dependents who attend class, we get written up by our teachers.’’— funding crisis, Fort Bragg is now seek- school in Harnett County, N.C. are treated Student Sandra McNeill. ing to purchase an 11,000-acre prop- the same as Fort Bragg-connected depend- ‘‘All of these trailers were supposed to erty—known as the ‘‘Overhills prop- ents who attend school in Cumberland Coun- have handicapped ramps to follow federal guidelines.... We do have a special-ed child erty’’—which will nearly double the ty, N.C. CRITICAL SITUATION who walks on crutches.... We had a Phys- amount of land the Federal Govern- ical Education class out here last year and Currently, Harnett is the only county in ment presently owns in Harnett Coun- they had to carry the child up the steps.’’— the Fort Bragg Impact Area that suffers an ty—7,000 acres of the Overhills prop- Angela Williams. economic loss due to its location near Fort erty are in Harnett County. This pur- ‘‘They have educational TV’s in the main Bragg. (Fort Bragg-Pope AFB Impact Assess- classrooms and we can’t even get a TV in our chase by Fort Bragg will cause Harnett ment, Sept. 1990). County to permanently lose an addi- Military dependents are attending classes hut classrooms.’’—Angela Williams. Growth squeeze in Harnett County tional $24,000 in annual tax revenues. in makeshift classrooms including cafe- Schools.—The News & Observer—Sat., Feb. 3, Some may ask why Harnett County terias, gymnasiums, auditorium stages, li- 1996. should be singled out to benefit from braries, and trailers. It is projected that ‘‘It will be years before the needs of our $87,000,000 is needed to provide for new school this amendment. It is because it’s the children are met.’’ Comments on the schools facilities over the next 10 years. (Harnett right thing to do. Harnett is the only condition without the prospect of outside County News, Apr. 10, 1996). county in the Fort Bragg Impact Area help, county schools superintendent Bob According to 1990 figures, Harnett loses that suffers an economic loss due to its Beasley. $122,000/year and that deficit has substan- location near Fort Bragg. According to ‘‘We spend a lot of our time just figuring tially worsened as the number of post-re- out what we’re going to do next’’ in an effort 1990 figures, Harnett County has been lated personnel and dependents moving into to make room for new students, Principle losing $122,000 per year because of Fort the county has increased dramatically. (Id.) Bragg. It costs the same amount to educate a Ned White. ‘‘To one new schoolhouse per year,’’ that Since then, impact aid funding has child in Harnett County as it does to educate the county needs ‘‘but can’t afford to be been eliminated, the number of mili- a child in Cumberland County. tary dependents has soared, and the No child of a military service member built.’’ The space needed to accommodate the estimated 500 new students per year, for Army has proposed to erode further the should be treated as a second-class citizen. The federal government’s responsibility to the next three to five years, Chairman H.L. tax base. Without help, the situation Sorrell Jr. of the county commissioners. will worsen further. provide for the education of military depend- Mr. STEVENS. Mr. President, this Let there be no doubt, I fully support ents should not depend upon where their par- ents live. the acquisition of the Overhills prop- amendment has been cleared on both erty by the Army—provided that UNJUSTIFIABLE IMPACT AID DISPARITY sides. I ask for its adoption. Harnett County’s school system is FY96 Cumberland—$2,586,932.00/14,143 The PRESIDING OFFICER. Without given the assistance it needs and de- Students=$183 per student. objection, the amendment is agreed to. FY96 Harnett—$47,176.00/1,025 Students=$46 serves. The amendment (No. 4493), as modi- per student. fied, was agreed to. Mr. President, North Carolinians are However, under current law, Harnett Coun- proud of the several great military in- Mr. INOUYE. Mr. President, I move ty no longer qualifies for any impact aid to reconsider the vote. stallations within our borders. For funding, even though their base-connected more than 50 years, North Carolinians student population is soaring. Mr. STEVENS. I move to lay that have been especially proud of Fort Fort Bragg wants to buy a Rockefeller Es- motion on the table. Bragg, home of the United States tate known as the ‘‘Overhills Property’’, The motion to lay on the table was Army’s XVIII Airborne Corps and the lying primarily in Harnett County—the pur- agreed to. 82nd Airborne Division. These units chase will almost double the amount of land Mr. STEVENS. I yield to the Senator and other units stationed at Fort the federal government owns in Harnett from Indiana for a request. County, causing an additional annual tax PRIVILEGE OF THE FLOOR Bragg are on the front line of our Na- loss of $24,000. tion’s defense; standing ready to deploy Each new resident pays an average of only Mr. COATS. Mr. President, I ask anywhere, any time, to preserve free- $231 per person in taxes to Harnett County unanimous consent a staffer of mine, dom in the world. while it costs the county $500 to educate Maj. Sharon Dunbar, be granted the Mr. President, I spent four non-he- each child. privilege of the floor during debate on roic years in the Navy during World Military families flock to Harnett.—Fay- the defense appropriations bill. War II. I have great affection and re- etteville Observer-Times—Sun., Dec. 3, 1995. The PRESIDING OFFICER. Without spect for the soldiers and defense sup- ‘‘Ninety-eight percent of the families buy- objection, it is so ordered. ing [in Heritage Village] are in the mili- port personnel who are devoting their Mr. COATS. Mr. President, I wonder lives to the defense of our country. I tary.’’—Bill Arnold, Partner in the Kilnarnold Corp. if I can inquire of the Senator from will do anything in my power to ensure Out of room.—Harnett County News—Wed., Alaska whether he anticipates there that they are provided everything they April 10, 1996. will be any time for additional morn- need to do their jobs. ‘‘We’ve reached the critical stage for ing business, or does he have a full This includes not merely providing Harnett County. No. 1 we’re a low wealth schedule on appropriations? an adequate training area, equipment county and No. 2, we’re fast growing. We’re Mr. STEVENS. We would be happy picking up 600 extra students a year.’’—Hank and hardware; they also deserve the to. How much time does the Senator quality of life and peace of mind to en- Hurd, Assistant School Superintendent. ‘‘Western Harnett Middle is now in an ex- wish? able each soldier to focus on his mis- Mr. COATS. Mr. President, 5 minutes sion, accomplish it, and return home tremely overcrowded situation right now.... It’s a crisis situation as far as the at most. safely. school facilities needs of our county are con- Mr. STEVENS. We promised the Sen- Unmistakably essential to that qual- cerned.’’—Harnett’s Assistant School Super- ator from Iowa he could proceed with ity of life is the proper education of intendent Hank Hurd. their children. his amendment. As soon as he is fin- ‘‘We’re going to see more and more mobile ished, we will be glad to consider that, Mr. President, I urge Senators to classrooms. But, it’s no long term solution. support this amendment which takes a The more mobile classrooms you put in, the if that is agreeable. small step towards addressing the edu- more bathrooms and cafeterias are over- AMENDMENT NO. 4890 cational needs of the children of our taxed.’’—Hank Hurd. (Purpose: To permit up to $10 million of ap- Nation’s finest soldiers. ‘‘We need construction that is stable in our propriated funds to be used to initiate en- I ask unanimous consent that ‘‘Edu- classrooms that will last for years to come gineering and manufacturing development cation Equity Fact Sheet’’ be printed instead of this patchwork.... Sometimes of airborne mine countermeasure system) students don’t understand why we don’t have in the RECORD. Mr. INOUYE. Mr. President, I send to There being no objection, the mate- the same things that we need as other stu- the desk an amendment proposed by dents in the main building have.’’—Special Senators DODD and LIEBERMAN and ask rial was ordered to be printed in the Education Teacher Angela Williams. RECORD, as follows: ‘‘Sometimes we have to wait at least one for its immediate consideration. EDUCATION EQUITY FACT SHEET hour in line to use the bathroom.... The The PRESIDING OFFICER. The The Helms amendment would authorize $1 bathroom we have to use has only four stalls clerk will report. million over two years to ensure that Fort for 50 girls.... Then when we are late for The bill clerk read as follows:

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7985 The Senator from Hawaii [Mr. INOUYE], for The bill clerk read as follows: appropriations matter. The Marine Mr. DODD, for himself and Mr. LIEBERMAN, The Senator from Iowa [Mr. GRASSLEY] Corps requested 12 additional generals, proposes an amendment numbered 4890. proposes an amendment numbered 4463. and these generals do cost extra Mr. INOUYE. Mr. President, I ask On page 88, between lines 7 and 8, insert money. In fact, it involves a lot more unanimous consent that reading of the the following: money. That extra money is in the bill amendment be dispensed with. SEC. 8099. Funds appropriated by this Act that is before the Senate right now. The PRESIDING OFFICER. Without may not be used for supporting more than 68 Regardless of what the Senate Armed objection, it is so ordered. general officers on active duty in the Marine Corps. Services Committee said, if the money The amendment is as follows: is not in this bill, then the new gen- Mr. GRASSLEY. Just to bring my On page 29, on line 20, strike the period and erals do not get paid. Period. You can- insert in lieu thereof: ‘‘: Provided further, colleagues up to date as to where we not pay people if there is no money ap- That up to $10 million of funds appropriated are on this amendment, I have spoken propriated for it. You cannot pay these in this paragraph may be used to initiate en- a long time on it. I have one more new generals based on the authoriza- gineering and manufacturing development point I want to make. tion bill. DOD cannot write one check for the winning airborne mine counter- I have been told two individuals want measure system.’’ based on an authorization. to speak, one who wants to speak for The money is in the military per- Mr. DODD. Mr. President, I rise to my amendment and one against it. I do sonnel account. You can turn yourself, offer an amendment on behalf of my- not think Senator STEVENS cares to if you want to see it, to pages 6 and 7 self and Senator LIEBERMAN that will prolong the vote on this amendment. of the committee report, and there you help to preserve strong technological When the time comes, I will be willing find a listing of the branches of the innovation in the State of Connecticut, to do that. I am saying, a couple of military, the number of people who are as well as contribute to the safety of others want to speak. I am not sure being funded by this legislation. You U.S. troops. they will be able to speak. I notified are not going to receive a paycheck if The amendment will allow the Navy their offices. If they do not come over, there is not money appropriated, be- to spend up to $10 million to initiate as far as I am concerned, we can go to cause you cannot spend money in our engineering and manufacturing devel- the completion of the amendment. Is Government without the consequence opment of the Magic Lantern airborne that all right with the Senator from of an appropriations bill. mine countermeasure system, which Alaska? So these generals are expecting to be was created by the Kaman Co. of Con- Mr. STEVENS. I am pleased to agree paid. They will only be paid if the necticut. with that procedure. We normally try money is in this bill, and my amend- This important measure maintains to get a time agreement, if the Senator ment would take that money out. It the ability of one of Connecticut’s busi- wishes a time agreement. We do not would leave the money to the Defense nesses to continue development of vital know how many other Members wish Department, hopefully to do what the antimine technology. The Magic Lan- to speak on the Senator’s amendment, Secretary of Defense said should be tern system was deployed in a proto- so we will defer that. Has the Senator done, and that would be to modernize type stage during Desert Storm, and in submitted his amendment? our military capability. subsequent tests, the improved system Mr. GRASSLEY. It is called up. The last point—at least I think it has met and exceeded every Navy-es- If you will remember, my amend- will be the last point I will have to tablished criteria, including prob- ment, just read, would not fund the 12 make because we have not had the de- ability of detection and classification, additional Marine Corps generals that bate on this amendment that I hoped area coverage, and false alarm rate. the Marine Corps wants, and the we were going to have, particularly Mr. President, I understand this money is in this bill to do that. My ar- from people on the Senate Armed Serv- amendment will be agreed to, and I am gument, obviously, was as the number ices Committee. Most of their argu- pleased that the Magic Lantern pro- of marines has gone down from 199,000 ments have been procedure, that this is gram will be able to continue to con- to about 172,000 to 173,000, it seems to in their bailiwick, it should not be de- tribute to both the economy of Con- me that as we are downsizing, we cided now. They have not been willing necticut and the safety of U.S. troops. should not be topsizing the administra- to state their case. Maybe somebody Mr. INOUYE. Mr. President, this tive overhead from the standpoint of will come over here and do it, and I amendment has been cleared by both adding 12 more generals. hope they will. managers. We have seen a reduction in the num- But the last point I want to make is Mr. STEVENS. This deals with using ber of generals and admirals—maybe that if there is a real need for addi- funds within appropriations to initiate not enough—but we have seen a reduc- tional personnel to be funded in the engineering and manufacturing devel- tion in the other three forces. They Marines, it is for more sergeants and opment of an airborne mine counter- still are not as efficient from the more lieutenants, because those are measure system. standpoint of the number of generals the people who lead Marine platoons in I urge the adoption of the amend- and admirals as the Marine Corps is. battle. That is the place where there is ment. Regardless of that, it seems to me in- a tremendous shortfall in the number The PRESIDING OFFICER. Without consistent with balancing the budget, of qualified people who are needed, and objection the amendment is agreed to. when the Secretary of Defense is point- I will refer to a study in just a minute. The amendment (No. 4890) was agreed ing out to us the need for every dollar Earlier in this debate, I talked about to. that we can get going into moderniza- the driving force behind the request for Mr. INOUYE. Mr. President, I move tion, that we do not spend more money 12 more Marine Corps generals. I said to reconsider the vote. on administrative overhead. If 70 gen- even though the Marine Corps said that Mr. STEVENS. I move to lay that erals were in charge at the time there war fighting was the reason they need- motion on the table. were 199,000, it seems to me we do not ed more generals and even though the The motion to lay on the table was need 80 generals when we have 172,000 Senate Armed Services Committee said agreed to. marines. war fighting was not the reason for The PRESIDING OFFICER. The Sen- One argument that has been made by needing more generals, in either case, ator from Iowa. the Senate Armed Services Committee, this cannot be justified because these AMENDMENT NO. 4463 the authorization committee, is that positions are not going to war fighting, (Purpose: To prohibit the use of funds for this issue should be decided in con- and it is not because of Goldwater- support of more than 68 general officers of ference between the House and the Sen- Nichols. the Marine Corps on active duty) ate on the authorization bill and With all due respect, I think people Mr. GRASSLEY. Mr. President, I call should not be a point to discuss when who make these arguments are using up an amendment filed at the desk, No. we have the Senate defense appropria- smokescreens. If war fighting were the 4463. tions bill up. top priority, the Marine Corps would be The PRESIDING OFFICER. The I disagree with that, and I disagree adding more platoon sergeants, not clerk will report. with that because this is a legitimate more generals to fill the highest levels

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7986 CONGRESSIONAL RECORD — SENATE July 17, 1996 in headquarters positions. I said the Only 11% of 0302 Lieutenants & 29% of 0302 I have lance corporals as platoon sergeants Marine Corps has a critical shortage of Captains make two deployments with the and [I have] sergeants as platoon com- sergeants and lieutenants. I said that same Battalion. manders. in one of my earlier statements today. Despite aviator shortage, nearly 52% of all At a time when the Marines are ask- aviators are not in the FMF. These are the people, lower in the ing for 12 additional generals, and they ranks, who train the force and keep it REALITY FROM COMMANDERS are using lance corporals as platoon ready to go. If war breaks out, they ...We had to pull our boat platoon from the sergeants and sergeants as platoon would lead our platoons into battle. CAX before FINEX to get them to Little commanders. The commander, of Creek to start the [MEU SOC] cycle. Everyone knows that the heart and course, has to make good with what he Our training cycle is not in sync with the has, but that is not good enough. soul of the Marine Corps fighting force personnel cycle. is its 27 infantry battalions. That is Corporals are normally squad lead- Without stabilizing our ranks, cohesion’s ers, and lieutenants are platoon com- what the Marine Corps is all about. Ev- benefits are lost and training is the equiva- manders. If corporals have to do the erything the Marine Corps does is fo- lent of pouring water into a bottomless job of a sergeant, and sergeants are cused on moving, protecting and sup- bucket... called upon to do the lieutenant’s job, porting those units. If those 27 battal- If maneuver warfare seeks to shatter the enemy’s cohesion, we must seek to strength- then why cannot colonels do a gen- ions are not healthy, then the Marine en our own as a matter of self-protection. eral’s job? Corps is not strong. I have lance corporals as platoon sergeants I referred to that in the sense that Well, a doctor has been examining and sergeants as platoon commanders. every one of these so-called vacancies the battalion’s vital signs, and they are Three weeks ago we went on a battalion that is called for, the need for these not up to snuff. I repeat what I said a run and fell out with 121. new generals, all but one is filled with moment ago, there is a critical short- The concept that numbers are more impor- tant than morale, cohesion etc., must be re- colonels who are getting the job done. age of platoon sergeants. That state- If the colonels would take up some of ment is based on an important piece of considered. We do have quality NCOs and SNCOs, but the slack—and it is being done already, information. It is based on the Marine the best go off to other key billets (DI/Re- and the job is being done well—what is Corps briefing paper that I have in my cruiting). the need for 12 additional generals, hand, ‘‘Making the Corps Fit to ENABLING PHILOSOPHY when we need sergeants and lieuten- Fight.’’ It is called a unit cohesion In order to fulfill its role as the Nation’s ants, when we had 70 generals here task force interim report. crisis response force, the Marine Corps will when it was 199,000, and we are down to This review was conducted by the re-establish the primacy of the operating 172,000 now, and we have 68 generals? unit cohesion task force in April of this forces by creating manpower and training Why do we need 80? year, just 3 months ago. It was under policies and programs that support cohesion The briefing paper does indicate that the leadership of Marine Col. G. S. and stability. the quality of the noncoms and the ser- Newbold. PRIORITIES (PILLAR 4) geants on hand is excellent. Unfortu- I ask unanimous consent to print a The FMF will be manned at 90% of T/O— nately, the good ones are being shipped portion of this briefings in the RECORD. General C.E. Mundy, Jr., 1990. off to nonoperational, noncombat as- There being no objection, the mate- Reality—enlisted 88%; officers 84%. signments. rial was ordered to be printed in the ‘‘Our system is geared to the success of in- This is what the briefing paper says: RECORD, as follows: dividual careers vice the success of indi- ‘‘We do have quality NCO’ and SNCO’, vidual units’’ MAKING THE CORPS FIT TO FIGHT—UNIT but the best go off to other key bil- COHESION TASK FORCE INTERIM REPORT PRINCIPLE lets,’’ like drill instructors and recruit- UNIT COHESION TASK FORCE—COL. G.S. Since our heart and soul is our warfighting ing duty. NEWBOLD capability, service in the FMF must be our This is Colonel Newbold in his task top priority. MM force report,‘‘Making the Corps Fit to Mr. GRASSLEY. I want to quote se- Sgt. Maj. J.H. Lewis III. Fight.’’ lectively from this paper. Mr. President, recruiting duty, that MMEA The first slide has this title, ‘‘The is where some of the new generals Lt. Col. B. Judge. Legend,’’ with bullets, ‘‘First to would go. We have been told that by Maj. J.P. Diffley. Fight,’’ ‘‘Most Ready When the Nation Maj. D.J. Donovan. this report. If recruiting duty is not a Maj. S.J. Jozwiak. Is Least Ready,’’ ‘‘The Nation’s 9–1–1 good place to send your best NCO’s, Maj. R.J. Vandenberghe. Force.’’ then why is it a good place to put gen- Mr. R.W. Spooner. Who is going to argue with that erals? MMOA about the Marines? They have that rep- The briefing paper concludes with Maj. J.M. Lynes. utation. They live up to that reputa- this piece of philosophy. I quote from Maj. R.A. Padilla. tion, and we ought to support that rep- the briefing paper. Maj. M.J. Toal. utation. In order to fulfill its role as the Nation’s MMP Colonel Newbold is talking about the crisis response force, the Marine Corps will Marine Corps’ mission. Then, of course, re-establish the primacy of the operating Lt. Col. G.R. Stewart. forces by creating manpower and training MA he gets down to the guts of his briefing, what he calls ‘‘The Reality.’’ Of course, policies and programs that support cohesion Lt. Col. R.L. Reece. and stability. this is what we ought to be concerned Those are very profound words by RAM about. In fact, we ought to be disturbed people in charge who are going to get Maj. R.B. Harris. about this. the job done even though they do not THE LEGEND The very first bullet is a blockbuster. seem to get the support of people high- First to Fight. I want to quote: ‘‘Infantry Battalions er up. Because I do not think they are Most ready when the Nation is least ready. Are Staffed at 57 Percent of ASR for getting the support when they need The Nation’s 9–1–1 Force. O311 Sergeants.’’ Of course, a O311 ser- sergeants and lieutenants and we are THE REALITY geant is an infantry noncom. He is a putting the money into generals. Infantry Battalions are staffed at 57% of platoon sergeant. Every platoon must ASR requirements for 0311 Sergeants. We are downsizing the Marine Corps have a sergeant, and a platoon is in and topsizing the administrative part The inventory of MPs/Corrections Marines deep trouble without a good one. exceeds that of Artillerymen. of it. If the operating forces are the top We have more Utilities Specialists than So what does the Marine Corps do priority, why are only 25 percent of the Tankers and Amtrackers combined. with 43 percent of its platoon sergeants Marine Corps general officers command Less than 50% of Enlisted Marines remain missing, at the very same time when combat officers? Well, the paper draws with the same Infantry Battalion for two de- the command of the Marine Corps is a conclusion to that. ployments. asking for 12 additional generals? I want to quote from the paper again. OFFICER REALITY Another slide is entitled ‘‘Reality Our system is geared to the success of indi- 88% of Majors are not in the FMF. From Commanders.’’ This provides an vidual careers versus the success of indi- Nearly 15% in Northern Virginia. answer. The commander’s answer: vidual units.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7987 Mr. President, this is what my proaches, and education reform that through competition. Public schools amendment is all about, promotions at loosens Washington’s grip on this coun- and private schools and parochial the top versus the needs of the infantry try’s schools. schools can exist side by side. The com- battalions, sergeants versus generals. For a decade or more now, the Con- petition among the three of them pro- What does the Marine Corps need more, gress and the public have been debating vides better education for all students sergeants or generals? If we want the how we can improve our public edu- involved. This has been demonstrated Marine Corps to be the 911 force, al- cation system, and a number of pro- in my hometown of Fort Wayne, IN, on ways ready to go, then we should make posals have been made. But there is an a number of occasions. We ought to sure that the 27 infantry battalions are entrenched bureaucracy that insists on move in that direction. rock solid. We better make sure they making no real changes, on perpet- To criticize Senator Dole for calling have the essentials to be effective. We uating the status quo. What Senator for education reform because he has better make sure that they have a full Dole was talking about was shaking up failed to support the status quo initia- complement of sergeants and lieuten- that status quo and bringing about re- tives provided by this administration ants. form that brings real results. that make no major change, efforts of It would be irresponsible to give the One of the issues that was discussed the Clinton administration and the sta- Marine Corps more generals when its and was criticized earlier is the ques- tus quo that is perpetuated by Mem- heart and soul is short of the stuff that tion of choice for low-income students. bers of this body and call that edu- it needs to do battle. The Marine Corps This is an issue that I have been in- cational reform—I think the American should not be topsizing while it volved with for some time. I have of- people know better. Call this what it downsizes. As the Marine Corps gets fered amendments, on a bipartisan is, and that is an attempt by a Presi- smaller, it seems to me it is legitimate basis with Senator LIEBERMAN, allow dential candidate to bring about some to cut the brass at the top, as the other test programs, or pilot programs, for change in our educational system that services have already done. I had a vouchers for low-income parents which will benefit the children—not the bu- chart here to demonstrate that. would allow us to test the concept of reaucracy, not the unions, not the ad- Of course, most importantly, the school choice. ministration—the children that are ac- point was made by our Secretary of De- It seems hypocritical for those of us tually receiving the education, or fense of how important modernization who have the means to afford school would like to receive the education. I is. Those at the top of the heap should choice, whether by moving to another commend Senator Dole for his re- have what they need to get the job school district because we are unhappy marks, for his initiative in this area. I done. By voting for my amendment, with the public school where we cur- hope he has the opportunity to carry it you will send the right message to the rently are situated, or by enrolling our out. Marine Corps. I yield the floor. children in private schools or parochial I regret we cannot seem to get be- Mr. STEVENS addressed the Chair. schools, to deny that freedom of choice yond the status quo of what in many The PRESIDING OFFICER. The Sen- to those families who do not have the cases is a failed education system, par- ator from Alaska. resources to send their children to a ticularly in areas where children live Mr. STEVENS. Mr. President, I ask private school. in poverty, the District of Columbia unanimous consent to yield, as in The voucher demonstration program being the prime example. We have morning business, to the Senator from is an attempt to understand the impact struggled and struggled and struggled Indiana for such time—how much time of enabling families choice over their to try to give the young people oppor- would the Senator wish? Five minutes. children’s educational opportunities. tunities that others of us have and The PRESIDING OFFICER. Without Many of these families have children they do not have. It is regrettable that objection, it is so ordered. who are consigned to some of the most we cannot discuss this on a rational Mr. COATS. I want to thank the Sen- violence-prone, educationally chal- basis and cannot support the efforts of ator from Alaska for yielding this lenged schools in America. Mothers someone trying to bring about this time. and fathers know that the only way to change. f successfully give their children a I thank the Senator from Alaska for chance to escape a lifetime of these dif- EDUCATION IN AMERICA his patience and his time on this. I ficult environments is to get a better yield the floor. Mr. COATS. Mr. President, earlier education. Yet the Congress and this f this afternoon the Senator from Massa- administration have repeatedly chusetts, Senator KENNEDY, spoke on blocked attempts at even the most DEPARTMENT OF DEFENSE AP- the floor indicating his concern and ex- minor of reforms to allow low-income PROPRIATIONS FOR FISCAL pressing his criticism of remarks that children to escape their poor-per- YEAR 1997 Senator Dole made today in Min- forming, violent schools. The Senate continued with the con- neapolis. I want to take just a few mo- The reform Senator LIEBERMAN and I sideration of the bill. ments to respond to those remarks. I proposed was a 3-year demonstration AMENDMENT NO. 4443, AS MODIFIED thank the Senator for yielding the grant. We proposed trying it in 10–20 (Purpose: To strike $2,000,000 available for time for me to do that. school districts around the country— environmental activities with respect to What Senator Dole said today in costing a very modest amount of the Joint Readiness Training Center at Minneapolis was that this country money—to see if it works. Even that Fort Polk, Louisiana) needs education reform, not education small of a reform effort is rejected, Mr. STEVENS. I send to the desk an reform as defined by this administra- time after time. My Project for Amer- amendment numbered 4443, as modi- tion and by some in this Congress, but ican Renewal includes an expansion of fied, pertaining to the Joint Readiness real education reform. Education re- that concept to provide experiments in Training Center in Fort Polk, LA, and form that ensures that parents have up to 100 school districts. By trying a ask to set aside the pending amend- authority to be involved in their chil- demonstration program, we’ll be able ment. dren’s education, and in their cur- to see if what the opponents of school The PRESIDING OFFICER. Without riculum, and in the formation of edu- choice say is right, but the only way to objection, it is so ordered. cational programs for their children. test their arguments is to get some ob- The clerk will report. Education reform that would break up jective evidence to evaluate school The assistant legislative clerk read the monopoly that dominates public choice. I fear, Mr. President, that the as follows: education. Education reform that gets opponents know that school choice The Senator from Alaska [Mr. STEVENS], money into the classroom instead of would work: they know it would pose a for Mr. MCCAIN, proposes an amendment the bureaucracy. Education reform challenge to the existing system. numbered 4443, as modified. that rewards teachers, and rewards the I suggest that that is exactly what The amendment (No. 4443), as modi- Governors who run effective programs, the existing system needs—a challenge, fied, is as follows: and rewards mayors and school boards. a challenge to improve its educational On page 8, line 3, before the period, add the Education reforms that try new ap- efforts. That challenge will come following: ‘‘Provided, That the amount made

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7988 CONGRESSIONAL RECORD — SENATE July 17, 1996 available by this paragraph for Army oper- AMENDMENT NO. 4448, AS MODIFIED, TO include a provision in the Department ation and maintenance is reduced by AMENDMENT NO. 4443 of Defense authorization bill that $2,000,000.’’ (Purpose: To restore $500,000 for environ- would transfer acreage in the Kisatchie mental activities with respect to the Joint National Forest to the Army at Fort Mr. MCCAIN. Mr. President, this Readiness Training Center at Fort Polk, Polk. That amendment will allow Fort amendment would reduce Army oper- Louisiana) Polk to expand its training exercises ation and maintenance funding by $2 Mr. STEVENS. Mr. President, we while continuing its unique mission of million to eliminate an add-on for have two amendments. One is in the providing our troops the best training Readiness Training Center at Fort first degree and one is the second de- possible at the Joint Readiness Train- Polk, LA. gree. ing Center [JRTC]. I am pleased we During Senate consideration of the The PRESIDING OFFICER. The were able to work with the managers of fiscal year 1997 Defense authorization clerk will report. the authorization bill to have the The assistant legislative clerk read bill, an amendment was adopted which transfer provision included in the bill. as follows: would authorize the transfer of addi- On this pending amendment, I would The Senator from Alaska [Mr. STEVENS], like to thank Senators MCCAIN, STE- tional acreage from the Forest Service for Mr. JOHNSTON, for himself and Mr. VENS, and INOUYE who have been very to the Army at Fort Polk. This trans- BREAUX, proposes an amendment numbered cooperative in working with Senator fer would increase the training area at 4448, as modified, to amendment No. 4443. JOHNSTON and me to appropriate Fort Polk to ensure adequate acreage The amendment (No. 4448), as modi- $500,000 for environmental protection to conduct realistic land forces train- fied, is as follows: at Fort Polk. This funding will ensure ing. I had no objection to this amend- On page 1, line 7 strike out ‘‘$2,000,000’’ and that the high standards of land and en- ment and believe it will serve the needs insert in lieu thereof ‘‘$1,500,000’’. vironmental management are main- of the Army and the other Services. Mr. JOHNSTON. Mr. President, I tained at the newly expanded JRTC. However, at the same time, it is un- have identified $500,000 in one-time The Army can use this funding to con- clear that an additional $2 million will costs that need to be funded imme- tinue surveying and marking trees that are inhabited by the red-cockaded be required in fiscal year 1997 to ade- diately to ensure that the natural re- sources and archeological sites at Fort woodpecker. In its current operations, quately protect the land and facilities the Army establishes a 62-meter buffer in this additional area. Polk are protected. The Army’s envi- ronmental record has clearly dem- zone around these trees to alert mili- The report accompanying this bill de- onstrated how seriously they take tary personnel and the public to stay scribes the purposes for which this their stewardship of the land with clear of the area. The Army also posts funding would be used, including hiring which they are entrusted. I believe the signs to clearly mark archeological sites, such as cemeteries and Indian more foresters, environmental engi- money requested will be used in a cost burial grounds, and other sensitive neers, and natural resources support effective manner and will ensure that areas. This $500,000 will enable the personnel, as well as maintaining the the resources are protected to the same Army to continue providing this and forest, roads, and public recreational high standards currently maintained other important environmental pro- areas, and protecting the red-cockaded by Fort Polk. grams at the JRTC. woodpecker, long leaf pine, pitcher The red-cockaded woodpecker is an I appreciate the help Senator MCCAIN plant bogs, and archaeological re- endangered species and is protected by and the managers of this bill have sources. These are activities which cer- Federal law. Woodpecker nesting trees given Senator JOHNSTON and me on this tainly should be undertaken for this are marked with a 1-meter thick white amendment and I urge its adoption. new property, but they are also activi- band. The nesting trees are protected Mr. STEVENS. These are two amend- ties which are underway on the current by a 62-meter buffer zone that are ments worked out with the Senators property utilized by the JRTC. marked by orange bands. Military from Louisiana. They have combined training is restricted within this the Mr. President, therefore, I suggest their amendments. This is an amend- buffer zone. Funding will allow for the ment that has been on the list all day. that, instead of setting aside $2 million red-cockaded woodpecker sites to be It has been modified. for these purposes now, we instead en- identified, cleared, marked, and 62- I ask unanimous consent the Breaux courage the Army to conduct the nec- meter buffer zone established. amendment to the McCain amendment essary land management and environ- There are Indian, archeological sites, be adopted and the McCain amendment mental maintenance activities for cemeteries, and other historical sites be adopted. I yield to my friend from these additional acres in the most cost- located on this land and we must en- Hawaii. effective way possible. However, if the sure that these sites are adequately Mr. INOUYE. Mr. President, I am funds currently available to Fort Polk protected. The balance of the funding pleased to agree. are insufficient to ensure that the high will provide sufficient resources to sur- The PRESIDING OFFICER. The standards of land and environmental vey the land, identify cultural and ar- question is on agreeing to the second- management are maintained at the cheological sites, and mark them ac- degree amendment. newly expanded Fort Polk, I believe cordingly. The amendment (No. 4448), as modi- the Congress would look favorably on a I also encourage the Department of fied, was agreed to. The PRESIDING OFFICER. The the Army to identify any incremental reprogramming request from the Army question is now on the first-degree costs associated with managing this to make funding available. In addition, amendment, as modified, as amended. I expect the Army to make funding land and I would support any re- The amendment (No. 4443), as modi- available. In addition, I expect the programming requests they find nec- fied, as amended, was agreed to. Army to include in the fiscal year 1998 essary to submit. I further expect that Mr. INOUYE. I move to reconsider budget any additional costs associated their fiscal year 1998 budget submission the vote. with expanding Fort Polk’s Joint will include any of these recurring Mr. STEVENS. I move to lay it on Readiness Training Center. costs. the table. Mr. President, I believe the amend- The motion to lay on the table was Mr. President, I understand that my ment is acceptable to Senator MCCAIN agreed to. colleagues from Louisiana may offer an and the managers of this bill. UNANIMOUS-CONSENT AGREEMENT amendment to retain $500,000 of these Mr. BREAUX. Mr. President, I rise Mr. STEVENS. Mr. President, I ask earmarked funds. While I would prefer today in support of the second degree unanimous consent that the cloture that the Army proceed with this effort amendment I am offering with Senator vote scheduled to occur today with re- and request reprogramming authority JOHNSTON that would give $500,000 to spect to the pending bill S. 1894 be viti- if additional funds are required, I the Department of the Army for envi- ated and during the Senate’s consider- would have no objection if the man- ronmental protection activities at Fort ation of S. 1894, the following amend- agers preferred to retain $500,000 of Polk, LA. Earlier this month my dis- ments be the only first-degree amend- these funds. tinguished colleague and I were able to ments in order, and limited to relevant

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7989 second-degree amendments, and fol- [Rollcall Vote No. 196 Leg.] o’clock. After that time it will be my lowing the disposition of the amend- YEAS—79 intent to ask that all further votes be ments, S. 1894 be read for a third time, Abraham Ford Mack stacked until tomorrow morning com- the Senate proceed immediately to Akaka Frahm McCain mencing at 9:30, and we will have final House companion bill H.R. 3610, all Ashcroft Frist McConnell passage following that. There will be Baucus Glenn after the enacting clause be stricken, Mikulski some few statements just before final Bennett Gorton Moseley-Braun the text of S. 1894 be inserted, H.R. 3610 Biden Graham Moynihan passage. We do have a series of amend- be read for a third time, and the Senate Bond Gramm Murkowski ments to debate yet tonight, but we Bradley Hatch Murray proceed to vote on the passage of H.R. Breaux Hatfield will have no more votes after the Har- Nickles 3610, all without further action or de- Bryan Heflin kin amendment. Nunn Bumpers Helms bate. Pell The PRESIDING OFFICER. The Sen- Burns Hollings ator from Arkansas is recognized. The list is a Grassley amendment we Byrd Hutchison Reid are about to vote upon; a Bumpers F/A– Campbell Inhofe Robb Mr. BUMPERS. Mr. President, I ask 18C/D amendment, on which there is a Chafee Inouye Rockefeller unanimous consent that I may yield to Coats Jeffords Roth the Senator from Iowa for a unani- 30-minute time agreement; two rel- Cochran Johnston Santorum evant Daschle amendments; a Dorgan Cohen Kempthorne Sarbanes mous-consent request. amendment pertaining to funding re- Coverdell Kennedy Shelby The PRESIDING OFFICER. Without duction, on which there is a time Craig Kerrey Simpson objection, it is so ordered. The Senator D’Amato Kerry Smith from Iowa is recognized. agreement of 30 minutes equally di- Daschle Kyl Snowe vided; Senator FORD’s amendment on DeWine Leahy Stevens PRIVILEGE OF THE FLOOR chemical demilitarization; Senator Dodd Levin Thomas Mr. HARKIN. Mr. President, I ask Domenici Lieberman HARKIN’s amendment on defense merg- Thurmond unanimous consent that Kevin Exon Lott Warner er, on which there is a 45-minute agree- Feinstein Lugar Ayelsworth, a congressional fellow on ment, 30 minutes for Senator HARKIN NAYS—21 my staff, be permitted floor privileges and 15 minutes to the managers of the during debate on the DOD appropria- Bingaman Grams Pressler bill; a Heflin amendment on pump tur- Boxer Grassley Pryor tions bill. bines; a relevant amendment for Sen- Brown Gregg Simon The PRESIDING OFFICER. Without ator INOUYE; a Levin amendment on Conrad Harkin Specter objection, it is so ordered. counterterrorism; a relevant amend- Dorgan Kassebaum Thompson Faircloth Kohl Wellstone Mr. BUMPERS. Mr. President, I won- ment for Senator NUNN; Senator SIMON, Feingold Lautenberg Wyden der if we could enter into a time agree- a labor related amendment; and one The motion to lay on the table the ment on this amendment. relevant amendment for myself as Sen- amendment (No. 4463) was agreed to. Mr. STEVENS. Mr. President, we en- ator managing. I add Senator FEIN- Mr. STEVENS. Mr. President, I move tered into a time agreement, if I may GOLD’s amendment, on which there is a to reconsider the vote. respond to the Senator from Arkansas, time limit of 30 minutes, if we do not Mr. INOUYE. I move to lay that mo- based upon our conversation. There is work it out. He has two amendments. tion on the table. at this time I believe 30 minutes equal- I further ask that following the pas- The motion to lay on the table was ly divided. sage of H.R. 3610, the Senate insist on agreed to. Mr. BUMPERS. Parliamentary in- its amendment, request a conference Mr. STEVENS. Mr. President, the quiry. Is that correct, Mr. President? with the House, and the Chair be au- Senator from Arkansas is seeking rec- The PRESIDING OFFICER. That is thorized to appoint conferees on the ognition. correct, 30 minutes equally divided. part of the Senate, and S. 1894 be re- The PRESIDING OFFICER (Mr. Mr. BUMPERS. Mr. President, I ask turned to the calendar. BROWN). The Senator from Arkansas is further unanimous consent that no sec- The PRESIDING OFFICER. Without recognized. ond-degree amendments—— objection, it is so ordered. AMENDMENT NO. 4891 Mr. STEVENS. Could we have order? The PRESIDING OFFICER. The Sen- AMENDMENT NO. 4463 (Purpose: To reduce procurement of F/A–18C/ D fighters to six aircraft) ate will be in order. Mr. STEVENS. Mr. President, I re- There is a request from the Senator gretfully disagree with the Senator Mr. BUMPERS. Mr. President, I send an amendment to the desk. from Arkansas that no second-degree from Iowa and state again that our act amendments be in order. Is there objec- does not allocate funds to the entities The PRESIDING OFFICER. The clerk will report. tion? of the Department of Defense by the Mr. STEVENS. There is no objection. roster, or in any way related to the The assistant legislative clerk read as follows. The PRESIDING OFFICER. Without force structure. If the Senator wishes objection, it is so ordered. The Senator from Arkansas [Mr. BUMP- to limit the funds so it cannot be used Mr. BUMPERS. Mr. President, this ERS], for himself, Mr. FEINGOLD, and Mr. to support more than 68 general offi- amendment is very simple. cers, that is an issue for the authoriza- KOHL, proposes an amendment numbered 4891. While we have 30 minutes to debate tion committee. The amendment is as follows: it, I hope that we can yield back some At the request of the chairman of the of the time. Armed Services Committee, I move to On page 22, strike lines 3 through 4, and in- sert in lieu thereof the following: Let me start by explaining that Sen- table the amendment of the Senator ‘‘$7,005,704,000, to remain available for obliga- ator FEINGOLD has an amendment that from Iowa, and I ask for the yeas and tion until September 30, 1999: Provided that deals with the Navy’s plans to purchase nays. of the funds made available under this head- the E and F models of the Navy’s F–18 The PRESIDING OFFICER. Is there a ing, no more than $255,000,000 shall be ex- fighter, which is called the Super Hor- sufficient second? pended or obligated for F/A–18C/D aircraft.’’ net. Now, the existing C and D models There is a sufficient second. Mr. STEVENS. Mr. President will the of the F–18 Hornet are the Navy’s pre- The yeas and nays were ordered. Senator yield to me just a moment? mier carrier fighter interceptors. The Mr. BUMPERS. I will be happy to General Accounting Office has just The PRESIDING OFFICER. The yield. issued a report on the Navy’s plans to question is on agreeing to the motion Mr. STEVENS. Mr. President, it is purchase 640 of the advanced models to table the Grassley amendment. The the plan of the managers of the bill to which are now in development, namely yeas and nays have been ordered, and have the debate on the Bumpers the F–18E and F–18F. That report, the clerk will call the roll. amendment. We feel that amendment which is the most powerful GAO report The assistant legislative clerk called will go to a vote sometime between 20 I have ever read, says that it is the the roll. after and 25 after 6. After that, we will height of foolishness to go forward The result was announced—yeas 79, have the Harkin amendment, and it with the purchase of that many F–18E/ nays 21, as follows: will be voted on sometime around 7 Fs.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7990 CONGRESSIONAL RECORD — SENATE July 17, 1996 The Navy originally wanted to buy spend at least $500 million for fighter Mr. STEVENS. Mr. President, it is 1,000 of them, 360 of which would go to aircraft. I have been around here 22 true that the budget did not request the Marine Corps. And do you know years, and I can promise you I can get any funds to buy more F–18C’s for the what the Marine Corps said? ‘‘We don’t up on this floor and squeal like a pig Navy. The Armed Services bill included want them.’’ under a gate every day and it will not six F–18C’s for the Navy. This is au- ‘‘We don’t want them.’’ So that change two votes. thorized. The committee, our sub- means the Navy is going to buy 640 at You think about it. By the year 2030 committee, added and the Appropria- a cost of roughly $53 million each. And we are going to spend $500 billion for tions Committee approved $234 million the GAO says the present C/D models the advanced model Hornet and for the to buy six single-seat F–18C’s for the that we are using and could continue Joint Strike Fighter, and for the F–22. Navy. to use through the year 2015 will do vir- So, I wish I could stop the E/F. But I Before his untimely death, we asked tually everything the E/F will do. By am certain in the knowledge, the cer- Admiral Boorda to list the 10 highest buying C/D models, at a cost of $28 mil- tain knowledge, that I would not pre- priorities for the Navy this year, and lion, almost 50 percent less, the Navy vail if I sought to stop the Pentagon Admiral Boorda listed as the sixth pri- would save $17 billion. from going forward with the E/F. You ority, as the CNO, buying six more F– Now, I tell you those were prefacing know, the Senate has only killed one 18C’s. These replace the less capable F– remarks because my amendment does weapon system that I can remember, 18A’s that are still in the active inven- not try to eliminate the E/F purchases and I cannot think what that was. We tory. The C model has substantial up- of the Hornet. I am not trying to elimi- only killed one weapons system since I grades over the A model. It has better nate the E/F because Senator FEINGOLD have been in the Senate. The Pentagon radar and carries more sophisticated has an amendment he is working on occasionally kills one, and they say, weapons. It can fly at night and in ad- trying to get accepted that would give ‘‘We do not want it anymore.’’ But a verse weather. lot of times when they say ‘‘we do not the Pentagon the opportunity to recon- The Navy really needs at least 30 want it,’’ we impose it on them any- sider its plans to spend $60 billion on more F–18C’s to upgrade its force and the E/F models. It would fence the way. And here is the GAO, which we give accomplish its war-fighting mission. funds for the E/F until the Pentagon The F–18C procurement was ended be- provides Congress with a better jus- hundreds of millions of dollars a year to tell us things, saying you are about cause of financial considerations in the tification for its decision. I am a strong past. We still have financial consider- proponent of the Feingold amendment; to squander $17 billion for nothing, and here I am on the floor of the Senate ations, but these F–18C’s we buy now in I am a cosponsor. I would have liked to fiscal year 1997 will be in the inventory do something stronger, but I know that saying, I know the Senate is going to ignore the advice of the GAO. So I am of the Navy through at least the year would not have a chance of winning a 2018. vote. saying, if we are going to go ahead and The Pentagon took the GAO study, buy 640 of these high-priced, $53-mil- I say to my friend from Arkansas, as which says you can save $17 billion by lion-a-copy fighter planes, for God a pilot, these C models give Navy pilots buying F–18C/Ds instead of E/Fs, and sakes let us not buy 6 more of the C/D the ability to fly at night, in adverse they tried to refute every single point models which are neither requested by weather, with more sophisticated the GAO said, and the GAO came back the Pentagon nor authorized by the au- weapons and the best radar in the and refuted conclusively—conclu- thorizing committee. world. I think it is a needed addition to sively—Mr. President, every single Mr. President, I hope Senator NUNN our Navy. point the Pentagon made in favor of would come to the floor and say that I yield the floor and reserve the re- squandering $17 billion on the F–18E/F. he is going to support this amendment mainder of our time. Here is my amendment. It is very because it was not authorized. I have The PRESIDING OFFICER. The Sen- simple. It cuts $234 million for six F– heard him talk a thousand times about ator from Alaska has 12 minutes and 31 18C/D aircraft that were not requested how sick he gets of the Senate appro- seconds; the Senator from Arkansas, 6 by the Pentagon and that were not in- priating money for things that are not minutes. cluded in the Defense Authorization authorized. So here is a chance for the Mr. BUMPERS. Mr. President, I yield Bill. Senate to save a paltry $234 million. the Senator from Wisconsin 5 minutes. I yield the floor and reserve the re- There is, in this bill, one of the The PRESIDING OFFICER. The Sen- mainder of my time. strangest things I have ever seen. ator from Wisconsin is recognized. There is an appropriation for 12 of the The PRESIDING OFFICER. Who C/D models, which the Pentagon says seeks recognition? Mr. FEINGOLD. Mr. President, I they want to get rid of. What is even Mr. STEVENS. Does Senator FEIN- would like to speak briefly in support stranger is, of the 12, only 6 are author- GOLD seek time on this amendment? of the efforts of the distinguished Sen- ized; the other 6 are not authorized. Mr. FEINGOLD. I do, Mr. President. ator from Arkansas, who is trying to Mr. STEVENS. How much time is the The Navy says they want this new, pre- focus attention on the cost implica- Senator seeking? tions of decisions that are being made mier, advanced E/F model, not the C/D. Mr. FEINGOLD. Mr. President, 5 So, No. 1, the Pentagon did not ask for regarding the purchase of tactical air- minutes. craft for our various services. As we all them. No. 2, the Senate authorizing Mr. BUMPERS. Mr. President, how committee, chaired by the distin- know, there is no Member of the Sen- much time do I have remaining? ate who has been a more consistent guished Senator from South Carolina, The PRESIDING OFFICER. The Sen- with the ranking member from Geor- leader in this area than Senator BUMP- ator from Arkansas has 6 minutes re- ERS, constantly pressing for the Senate gia, Mr. NUNN, did not authorize them. maining; the Senator from Alaska, 14 We just passed the authorizing bill, and to subject our military procurement minutes and 50 seconds. decisionmaking to greater scrutiny. there is no authorization for these six Mr. STEVENS. I will not seek the airplanes. floor if the Senator wishes to speak I appreciate his support for my With the utmost respect to the chair- now. amendment. A modified version of it man and ranking member of the Appro- Mr. BUMPERS. Mr. President, I appears to have been accepted. Of priations Committee on Defense, my would like not to use up all of my time course, the motivation for that was the dear friends, they just put six more air- at this point. I would like for the oppo- GAO report that Senator BUMPERS planes in the bill. They cost only $234 nents of my amendment to use some mentioned. It is entitled ‘‘F/A–18E/F million. If you say it real fast, it is just time. Will Provide Marginal Operational Im- nothing. Mr. STEVENS. I will be happy to do provement at High Cost,’’ and as the So I say, if we are going to buy the E/ that, but the Senator was on his feet. I Senator indicated, that marginal im- F, why in the world are we going to will be glad to let him speak now if he provement is a $17-billion difference, keep buying C/Ds? And I know that we wishes to speak. potentially. are going to buy the E/F despite the Mr. FEINGOLD. I will be happy to We are pleased that process will go fact that between now and 2025 we will defer to the Senator from Alaska. forward. The Department of Defense

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7991 will respond to the GAO report, and the F–18, there is no justification for current weapons inventory. These air- then the GAO will respond to that. I this increase in the C/D purchases in craft improve pilot situational aware- am very pleased and appreciative to this appropriations bill. ness and survivability over their A/B the Senator from Alaska for being co- I yield the floor. model counterparts. They are also fully operative on this. The PRESIDING OFFICER. Who compatible with shipboard mainte- But on the issue of the amendment of yields time? nance and diagnostic equipment. Senator BUMPERS, in these times of fis- Mr. STEVENS. I yield to the Senator The F/A–18E/F aircraft is on schedule cal constraint, every item in the Fed- from Hawaii such time as he may use. and cost and its performance exceeds eral budget has to be subjected to in- The PRESIDING OFFICER. The Sen- expectations so far. So why do we need tense review. The Senator from Arkan- ator from Hawaii is recognized. more C/D’s? Because the procurement sas and I and many others are deeply Mr. INOUYE. Mr. President, it is al- schedule of the E/F will not produce concerned that the Department of De- ways difficult to speak against the significant numbers of aircraft until fense is embarking on a range of mili- GAO. After all, that organization is a 2009. As my colleagues know, I am a tary aircraft purchases that cannot be child of the Congress. But in this case, staunch supporter of the F/A–18 E/F, sustained in the outyears. The I give great weight to the concerns and for it does bring so much more downpayments on these aircraft in the the professionalism of the United warfighting capabilities to the men and short term really represent only the States Navy. I also note that in recent women defending us, but that does not tip of the iceberg, from the point of years, the United States Navy has suf- relieve us of the responsibility to pro- view of the cost. fered major aviation setbacks in the vide our fliers with these additional C/ A GAO report in 1996 notes the mili- acquisition programs. For example, the D’s which will bridge the technological tary services plan to spend more than Congress canceled the A–6F program, void until the E/F’s hit the fleet. $200 billion on aircraft and other inter- the Department of Defense canceled Let me put it to my colleagues this diction weapons over the next 15 to 20 the A–12 program, the Navy canceled way. Advances in aviation, military years to add to already extensive capa- the Navy ATF and F–14D program and, aviation in particular, are a little like bilities. GAO noted that the various as a result, what we have available for those experienced in the computer services have overlapping programs, us is the F/A–18E and at the present world. The strategic mix of aircraft with each service proposing upgrades time the C’s. currently in our inventory and those or new weapons that may offer little If we are to maintain a production projected to be in our inventory are additional capability. line for the F/A–18E at a reasonable representative steps in technological So, Mr. President, what the BUMPERS rate, then it would make sense to con- advances which will face threats from amendment is all about and our effort tinue the production even of six models weapon systems that are advancing as here is all about is the fact somewhere, of the C. It will come down to cost. The well. Much like computer systems, we somehow, there needs to be some over- production line will continue. can project capabilities beyond our view of the range of these programs. In Second, there are many who will production abilities. fact, the House defense authorization argue that the millennium has arrived The F–18C/D represents the current bill contains a requirement for a force and, therefore, there is really no need cutting edge in tactical Naval aviation, structure analysis by the Institutes of for these fancy weapons systems. But I the E/F the next, JAST hopefully the next. But, we cannot in good con- Defense Analysis which examines the believe that we are being constantly science ask our young men and women affordability, effectiveness, com- reminded that this world is still very to put their lives on the line for us and monality, roles and missions and alter- unstable, that there is a need for air- not give them the best we know we natives related to the wide range of craft carriers, and if we are to have air- have to offer in the hope of dramatic aircraft. There are good arguments to craft carriers, obviously there is a need future improvements which are not yet be made that we should defer decisions to have planes flying off these carriers. developed. I urge my colleagues to sup- on all these procurement plans pending These are carrier planes. port, and support fully, the strategic such a review. So, Mr. President, on this issue, I growth of Naval aviation, starting with In the short term, the issues relating prefer to set my vote of confidence the continued buy of the C/D’s appro- to the F/A–18 clearly need to be exam- with the Navy. I think the Navy is cor- priated for in this bill. rect in suggesting to us that if they are ined. On the one hand, the Navy is Mr. BIDEN. Mr. President, I rise in to carry out their mission, they need seeking to remove the C/D with the E/ support of the Bumpers amendment to F. Yet this bill adds funding for 12 C/ this aircraft. the Defense appropriations bill. This Mr. BOND. Mr. President, the re- D’s, planes which the Department of amendment would save American tax- quirement for the additional procure- Defense has not requested. In fact, the payers 234 million dollars by elimi- DOD authorization bill just passed by ment of F/A–18C/D aircraft does not nating funding for six F/A–18C that the the Senate only authorized six addi- come from the industrial community Pentagon has not requested. tional C/D’s, and now the Appropria- and is not a result of trying to string Mr. President, the Defense appropria- tions Committee doubles that number. out a program which has come to the tions bill allocates money for 12 more Before we start adding these addi- end of its viable life. F–18’s than the President requested. It tional purchases, I think we ought to The requirement comes from the De- appropriates funds for six more F–18C’s know where we are going. Is the Navy partment of the Navy and its own in- than the Senate authorized. It commits going to move toward the more expen- ventory requirements. According to us to spend 234 million dollars on six sive E/F or retain the C/D? My view is the Director of Air Warfare for the aircraft that the Navy does not want. that we should rely upon the less ex- Navy, a minimum of 436 F/A–18C/D air- Mr. President, at a time when we pensive, but highly capable, C/D. But, craft are required to fill the 10 active need to cut Government spending, how Mr. President, one thing is clear, when carrier airwings. The Navy expects can we justify throwing away 234 mil- it comes to the C/D versus the E/F, it is that without continued procurement, lion dollars of the taxpayers’ money on an either/or choice. We either buy the it will be 30 aircraft short of the CNO these soon-to-be outdated aircraft? C/D’s or the E/F’s, one or the other. It mandated and congressionally ap- Within this bill is 1.8 billion dollars is like going to buy a new washing ma- proved requirements. If we include the to purchase the first 12 new F–18E/F chine. You find two slightly different normal attrition factor into the equa- fighters for the Navy. The Navy has and you decide, what the heck, we will tion, the gap grows even wider for even said that the F–18E/F will be the back- buy both of them. We cannot afford to though the F/A–18 is the safest aircraft bone of its carrier-based forces in the do that. We cannot afford dual pur- in tactical Naval aviation history, ap- future. This aircraft is to replace the chases. proximately eight aircraft per year are F–14 and older F–18’s, so that by 2009, I support the amendment offered by lost. the F–18E/F will comprise a majority of the Senator from Arkansas which The night-strike capabilities of the the F–18’s in the Navy’s inventory. If strikes the funding for the six addi- C/D are critical to the fighting effec- we are worried about a future military tional C/D’s. Whatever the ultimate de- tiveness of our carriers and allow for threat, we should direct our procure- cision is with regard to the future of the use of the full range of the Navy’s ment to systems of the future, not to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7992 CONGRESSIONAL RECORD — SENATE July 17, 1996 aircraft like the F–18C/D that will be I agree with the Senator from Alaska Feinstein Inouye Roth obsolete soon after they are manufac- on this point. He says the C/D fighter Ford Kempthorne Santorum Frahm Kerry Sarbanes tured. plane, the Hornet C/D models are very Frist Kyl Shelby Mr. President, we cannot continue to fine night fighters, they are excellent Gorton Lott Simpson squander our Nation’s resources on air- aircraft. I could not agree with him Gramm Lugar Smith Grams Mack craft that are not needed to defend this more. If it were left up to me, that is Specter Gregg McCain Stevens country. We must look for areas where Hatch McConnell what we would be buying. But, no, we Thomas Heflin Mikulski we can cut spending while not jeopard- are going to go spend twice as much, Thompson Helms Murkowski izing our national security. The Bump- Thurmond $53 million a copy, on the E/F models Hutchison Nickles ers amendment represents such an op- which the GAO says is an outrageous Inhofe Pressler Warner portunity. I urge my colleagues to sup- waste of the taxpayers’ money. The amendment (No. 4891) was re- port it. Back to my amendment. I am saying Mr. STEVENS. Mr. President, how jected. you cannot have it both ways. You can- Mr. INOUYE. Mr. President, I move much time do I have remaining? not buy the E/F because it is going to The PRESIDING OFFICER. The Sen- to reconsider the vote. be the hottest thing going and spend Mr. STEVENS. I move to lay that ator from Alaska has 9 minutes 53 sec- $67 billion on it but say we want a few onds remaining. The Senator from Ar- motion on the table. more C/D’s at the same time. As a mat- The motion to lay on the table was kansas has 2 minutes 2 seconds. ter of fact, the committee wants 12. Mr. BUMPERS. Mr. President, I won- agreed to. Mr. President, the Pentagon did not der if the Senator will object to adding Mr. STEVENS. Mr. President, we are ask for 12, even the Navy did not ask 3 minutes to my time. awaiting an agreement on the disposi- Mr. STEVENS. I add 3 minutes to the for 12, and the committee, chaired by tion of the final amendments of the time of the Senator from Arkansas and the Senator from South Carolina who bill. yield back the remainder of our time. is sitting on the floor, the Armed Serv- I suggest the absence of a quorum. Mr. BUMPERS. Mr. President, I ices Committee of the Senate chaired The PRESIDING OFFICER. The thank the Senator very much. by Senator THURMOND, authorized six, clerk will call the roll. I made this point a while ago, but not 12. And the Subcommittee on De- The legislative clerk proceeded to charts are always much more graphic. fense appropriations, on which I sit, call the roll. Here is where we are headed. For the said, ‘‘No, we’ll put another six in,’’ Mr. STEVENS. Mr. President, I ask people around here who are fiscally re- even though they were not requested unanimous consent that the order for sponsible and really care about the def- nor authorized. It is a paltry $234 mil- the quorum call be rescinded. icit, this is what is going to happen be- lion. It will be the only chance you will The PRESIDING OFFICER. Without tween now and about the year 2025 or have of this entire bill to save one sin- objection, it is so ordered. 2030. We are going to spend $70 billion gle dollar and do it sensibly. Mr. STEVENS. While we are waiting on the F–22 fighter for the Air Force; Mr. President, I yield back the re- for the final agreement on the amend- $66.9 billion for the fighter plane that mainder of my time and ask for the ments, I will offer an amendment on we have been talking about here, the yeas and nays on my amendment. behalf of Senators FEINGOLD, KOHL, model E/F of the F–18 Hornet, a very, The PRESIDING OFFICER. Is there a BUMPERS, and myself. very fine airplane, indeed. But so are sufficient second? AMENDMENT NO. 4892 the C/D models that we now use. The There is a sufficient second. Mr. STEVENS. Mr. President, I send Joint Strike Fighter will cost about The yeas and nays were ordered. an amendment to the desk and ask for $219 billion. And then sometime around Mr. STEVENS. Mr. President, before its immediate consideration. the year 2010 we are going to start buy- the vote starts, I ask unanimous con- The PRESIDING OFFICER. The ing the replacement interdiction air- sent that the time on the Ford amend- clerk will report. craft whose cost we do not know. The ment be limited to 30 minutes equally The legislative clerk read as follows: cost in today’s 1996 dollars for those divided. I have this agreement with the The Senator from Alaska [Mr. STEVENS], three fighter planes is $355.7 billion, ac- Senator from Kentucky. for himself, Mr. FEINGOLD, Mr. KOHL, Mr. cording to the Congressional Budget The PRESIDING OFFICER. Without BUMPERS, and Mr. INOUYE, proposes an Office. With inflation at 2.2 percent, objection, it is so ordered. amendment numbered 4892. that will come to about $500 billion be- The question is on agreeing to the Mr. STEVENS. Mr. President, I ask tween now and the year 2030, $500 bil- Bumpers amendment No. 4891. The yeas unanimous consent that reading of the lion. and nays have been ordered. The clerk amendment be dispensed with. Look at this chart. Here are the mili- will call the roll. The PRESIDING OFFICER. Without tary budgets of the United States and The legislative clerk called the roll. objection, it is so ordered. our potential enemies. The United The result was announced—yeas 44, The amendment is as follows: States, $269 billion; add NATO to it, nays 56, as follows: At the appropriate place in the bill, insert $510 billion; Russia, $98 billion; China, The result was announced—yeas 44, the following: SEC. 8099. (a) Not more than 90 percent of $29 billion; and the rogue nations, such nays 56, as follows: as Libya, North Korea, a total of $17 the funds appropriated or otherwise made [Rollcall Vote No. 197 Leg.] available by this Act for the procurement of billion. We spend twice as much as all YEAS—44 F/A–18E/F aircraft may be obligated or ex- of the rogue nations, Russia and China pended for the procurement of such aircraft combined. When you add NATO to it, Akaka Glenn Lieberman Baucus Graham Moseley-Braun until 30 days after the Secretary of Defense almost four times as much. Biden Grassley Moynihan has submitted to the Congressional defense This chart shows that today, we have Bingaman Harkin Murray committees a report on the F/A–18E/F air- 3,800 fighter aircraft, and they are all Bradley Hatfield Nunn craft program which contains the following: Brown Hollings Pell (1) A review of the F/A–18E/F aircraft pro- so-called fourth generation, the best Bryan Jeffords there is. Look at poor Russia, China, Pryor gram. Bumpers Johnston Reid (2) An analysis and estimate of the produc- Byrd Kassebaum North Korea—not even in the game. Robb Conrad Kennedy tion costs of the program for the total num- Not even in the game. The rogues have Rockefeller Daschle Kerrey ber of aircraft realistically expected to be Simon only 104 modern fighters divided among Dodd Kohl procured at each of four annual production them. And we are getting ready to Dorgan Lautenberg Snowe rates as follows: spend $17 billion we should not spend, Exon Leahy Wellstone (a) 18 aircraft. Wyden so says GAO. Feingold Levin (b) 24 aircraft Here is another chart. In the year NAYS—56 (c) 36 aircraft. 2005, we will have 3,200 fighter planes. (d) 48 aircraft. Abraham Burns Coverdell (3) A comparison of the costs and benefits Ashcroft Campbell Craig Look, 3,200 fighter planes that all of of the F/A–18E/F program with the costs and them will either be fourth or fifth gen- Bennett Chafee D’Amato Bond Coats DeWine benefits of the F/A–18C/D aircraft program eration aircraft. And the rogues will be Boxer Cochran Domenici taking into account the operational combat no better off than they are today. Breaux Cohen Faircloth effectiveness of the aircraft.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7993 (b) Not later than 30 days after the Sec- the Super Hornet on the basis of exist- noted, these figures are not accurate. retary of Defense has submitted the report ing or projected operational defi- The Marine Corps has made it clear required by subsection (a), the Comptroller ciencies of the current model of the F/ that they do not intend to purchase General of the United States shall submit to A–18 in the following key areas: strike any Super Hornets. Furthermore, an the Congressional defense committees an analysis of the report submitted by the Sec- range, carrier recovery payload and annual production rate of 72 aircraft is retary. survivability. In addition, the Navy not feasible. The Navy has already Mr. STEVENS. Mr. President, this noted limitations of the current C/D been directed to calculate costs based upon a more realistic production rate, amendment restricts the obligation of model of the F/A–18 with respect to avi- at 18, 36 and 54 aircraft per year. 10 percent of the funds appropriated for onics growth space and payload capac- Using the overstated assumptions, the procurement of the Navy F/A–18E/F ity. In its report, however, GAO con- the Navy calculated the unit recurring fighters until the Secretary of Defense flyaway cost of the Super Hornet at $44 submits a report on the F/A–18E/F pro- cluded that the operational defi- ciencies in the C/D that the Navy had million. However, using GAO’s more re- gram. alistic assumptions of the procurement The amendment is similar to an cited in justifying the E/F either have of 660 aircraft, at a production rate of amendment adopted in the defense au- not materialized as projected or such 36 aircraft per year, the cost of the E/ thorization bill, and I believe that this deficiencies can be corrected with non- F balloons to $53 million. is acting in concert with our colleagues structural changes to the current C/D and additional upgrades which would In comparison, the C/D’s cost $28 mil- on that Armed Services Committee. lion each at a production rate of 36 This amendment is now acceptable to further improve its capabilities. Mr. President, let me stress here that planes per year. us. I believe I speak for my friend from GAO concluded that the cost dif- Hawaii, also. Does the Senator want to the GAO did not conclude that the F/A– 18 E/F is a bad plane. During the debate ference in unit recurring flyaway be listed as a cosponsor? would result in a savings of almost $17 Mr. INOUYE. Yes. on this issue on the DOD authorization, several of the proponents of this air- billion if the Navy were to procure 660 Mr. STEVENS. Mr. President, I ask F/A–18 C/Ds rather than 660 F/A–18 E/ the Senator from Wisconsin if he has craft spoke about this plane being a highly capable carrier-based tactical Fs. any comment to make. At a time of fiscal constraints on all aircraft, as it was intended to be. I The PRESIDING OFFICER. The Sen- aspects of the Federal budget, we need want to stress, again, that the issue ator from Wisconsin is recognized. to look carefully at whether it is nec- Mr. FEINGOLD. Mr. President, my here is whether the additional capabili- essary to spend this additional $17 bil- amendment relates to funds appro- ties of this aircraft justify its addi- lion on an aircraft that may produce tional cost, or whether the current C/D priated under this bill for production of only marginal improvements over the version of the F/A–18 can perform the the F/A–18 E/F, or the Super Hornet as current model. it is commonly called, which I under- mission at substantial cost-savings to Mr. President, this question is also stand will be accepted by the man- the Federal taxpayer. important because there is also a far GAO found that the C/D’s are per- agers. I appreciate their willingness to less costly program already being de- work with us on this matter. forming at higher levels than origi- veloped which may yield more signifi- Mr. President, this amendment is nally contemplated. For example, the cant returns in operational capability. very similar to an amendment that I F/A–18C’s operating in support of the This program is the joint advanced offered which was adopted on the De- current Bosnia operations are now rou- strike technology or JAST program fense authorization bill, S. 1745, when tinely returning to carriers with oper- which is currently developing tech- it was considered by the Senate on ational loads of 7,166 pounds, which is nology for a family of affordable next June 28. substantially greater than the Navy generation joint strike fighter [JSF] Basically, this amendment seeks to projected for this aircraft. In fact, aircraft for the Air Force, Marine limit obligation of funds for the pro- when initially procured in 1988, this Corps and the Navy. duction of this new aircraft until Con- aircraft had a total carrier recovery The JSF is expected to be a stealthy gress has an opportunity to review payload of 6,300 pounds. Today, it is strike aircraft built on a single produc- carefully the recommendations made significantly higher. In addition, GAO tion line with a high degree of parts by the General Accounting Office in a noted that while it is not necessary, and cost commonality. The Navy plans report issued last month. The GAO re- upgrading F/A–18Cs with stronger land- to procure 300 JSF’s with a projected port, entitled ‘‘Navy Aviation: F/A–18E/ ing gear could allow them to recover initial operational capability around F will Provide Marginal Operational carrier payloads of more than 10,000 2007. The JSF will be designed to have Improvement at High Cost,’’ outlines pounds—greater than that sought for superior or comparable capabilities in some very important questions that the F/A–18E/F which would be 9,000 all Navy tactical aircraft mission should be considered before we proceed pounds. areas, especially range and surviv- further with procurement of this air- GAO made similar findings with re- ability, at far less cost than the Super craft. The amendment directs the De- spect to the C/D’s long-range mission Hornet. partment of Defense to submit a report capacity. GAO concluded that the The estimated unit recurring flyaway responding to the GAO concerns, and Navy’s F/A–18 strike range require- cost of the Navy’s JSF is estimated in provides an opportunity for GAO to ments can be met by either the Super the range from $32 to 40 million, as comment on the DOD response. It Hornet or the C/D, using the 480-gallon compared to GAO’s $53 million esti- fences 10 percent of the funds appro- external fuel tanks that are planned to mate for the Super Hornet. priated for procurement of the new air- be used on the E/F. Mr. President, given the high cost craft until 30 days after this report is Mr. President, I will not detail any and marginal improvement in oper- submitted. further today the areas where GAO ational capabilities the Super Hornet At the time I offered a similar noted that the differences in the capa- would provide, it seems that its jus- amendment to the DOD authorization bilities of the two aircraft were either tification is no longer clear. Oper- bill, I discussed extensively the issues not as significant as anticipated or ational deficiencies in the C/D aircraft raised by GAO. Although I do not want could be minimized by modifications of either have not materialized or can be to take the Senate’s time today to re- the C/Ds. corrected with nonstructural changes peat each of these arguments, I want to I do, however, want to stress the dif- to the plane. As a result, proceeding highlight some of GAO’s concerns. ference in the cost of these two planes. with the E/F program may not be the First, GAO noted that a projected As I mentioned at the outset, the total most cost-effective approach to mod- total program cost of more than $89 program cost of the Super Hornet is ernizing the Navy’s tactical aircraft billion, the Super Hornet Program is projected to be over $89 billion assum- fleet. A strong argument can be made one of the most costly aviation pro- ing a procurement of 1,000 aircraft—660 that the Navy can continue to procure grams in the Department of Defense. by the Navy and 340 by the Marine the C/D aircraft while upgrading it to Second, the Navy based the need for Corps—at an annual production rate of improve further its operational capa- the development and procurement of 72 aircraft per year. However, as GAO bilities. For the long term, the Navy

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7994 CONGRESSIONAL RECORD — SENATE July 17, 1996 can look toward the next generation ALUMINUM METAL MATRIX COMPOSITES the natural ecosystems on military in- strike fighter, the JSF, which will pro- Mr. D’AMATO. Mr. President, I am stallations. This provision was spon- vide more operational capability at far concerned with a project under the De- sored by Representative HANSEN of less cost than the E/F. fense Production Act which is cur- Utah. I am hopeful that the Senate As I have indicated previously, the rently caught up in the Department of conferees will accept the Hansen Navy does need to procure aircraft that Defense. On October 5, 1995, the Presi- amendment in conference. will bridge between the current force dent notified Congress that DOD in- The purpose of this colloquy is to and the JSF which will be operational tended to utilize title III of the Defense urge the prospective Senate conferees around 2007. The question is whether Production Act (DPA) to address indus- on the Defense Appropriations bill to the F/A–18C/D can serve that function, trial resource shortfalls for the produc- give consideration to providing a or whether we should proceed with an tion of Aluminum Metal Matrix Com- means of funding the Hansen amend- expensive new plane for what appears posites (AL MMC). Funding in the ment. Specifically, it is my under- to be a marginal level of improvement. amount of $15,000,000 was to be made standing that $3,400,000 would be re- The $17 billion difference in projected available for this effort. It is my under- quired to allow a consortium of envi- costs does not appear to provide a sig- standing that staff in the Under Sec- ronmental experts, including institu- nificant return on our investment. retary of Defense (Acquisition & Tech- tions of higher education in my State For these reasons, I think it would be nology) office are attempting to divert of Virginia and others, to assist the De- prudent to adopt a go-slow approach to these funds to other title III programs. partment of Defense to monitor nat- the F/A–18 E/F program and allow Con- According to Assistant Secretary of ural resources in training and weapons gress sufficient time to review GAO’s the Army (Research, Development and testing areas, to address the highest findings, the Defense Department’s re- Acquisition) Gilbert F. Decker, ‘‘the priority DOD environmental conserva- sponse, and GAO’s evaluation of that Army has valid requirements for com- tion requirements as identified by the response. ponents manufactured with Al MMC to Pentagon last year. It is my under- Mr. President, there is one issue I support its armored combat vehicle standing that this program will help want to specifically address regarding fleet.’’ In fact, Mr. Decker wrote to save funds in carrying out these impor- the obligation of funds under this ap- Under Secretary Kaminski asking that tant military requirements. he continue to reserve the funding for propriations bill for the F/A–18 E/F pro- I ask that Senator STEVENS and the gram. At the time the GAO report was its original purpose, adding that ‘‘use Senate conferees on the Defense appro- submitted to Congress, the Navy re- of Al MMC material will result in both priations bill do whatever is possible to sponded that the GAO concerns were a significant weight reduction and in- identify funding to carry out this im- premature because the final procure- crease in the durability of manufac- portant military environmental initia- ment decision had not been made by tured parts. It also promises a signifi- tive in fiscal year 1997. Can the distin- DOD. DOD indicated that the final de- cant weight reduction and increase in guished Chairman address this matter? cision could not be made until the De- the durability of manufactured parts. Mr. STEVENS. I want to thank the fense Acquisition Board had made its It also promises a significant cost sav- distinguished Senator from Virginia low rate initial production [LRIP] ings over current materials.’’ for bringing this important matter to Under Secretary of Defense Kaminski milestone decision in the first quarter my personal attention. I am somewhat approved the project as well stating of calendar year 1997. At that time, familiar with the proposal contained in that ‘‘Aluminum Metal Matrix Com- DOD contended the Board would con- the House-passed Defense authoriza- posites (Al MMC) is an enabling tech- vene for a thorough program review. It tion bill and it sounds reasonable. I nology that will increase combat per- is my understanding that although will assure the Senator from Virginia formance and reduce life cycle costs for there may be some procurement funds that I will work between now and the a variety of defense systems, e.g., mis- obligated prior to the DAB decision, conclusion of conference on this appro- siles, where reduced weight will reduce the bulk of the funds would not be priations bill to find a way to provide time to kill and/or increase range.’’ committed until this milestone deci- The funds necessary for this project funding for the natural resources as- sion is made next year. DOD would, are already appropriated monies and sessment and training delivery system under this amendment, also be pre- need no further authorization or appro- improvement program that has been paring its report in response to this priation to be spent. Based upon my identified by my colleague. One pos- amendment during the same period of understanding, it is the desire of the sible avenue that will be explored is time, and hopefully, answers to some of Army to proceed expeditiously on the the Defense Legacy Program. the questions raised by GAO would be procurement of Aluminum Metal Ma- Mr. WARNER. I thank my friend and thoroughly examined during this proc- trix Composites with title III funds. colleague for his consideration of this ess prior to the final decisions for fis- Unfortunately, DOD personnel on the project. cal year 1997 funding. Congress will staff level have decided to step in the DOD TRANSIT PROGRAM also have an opportunity to review this way of this project, Mr. Chairman, that Mr. WARNER. Mr. President, I would information and halt or slow down pro- is unacceptable. like to bring to your attention the fact curement if deemed appropriate. Mr. STEVENS. I thank the distin- that none of the Department of Defense Over the long term, it is important guished Senator from New York for organizations currently participates in that we carefully consider all of the bringing this problem to the attention a transit benefit program available to issues surrounding the planned pro- of the Committee. I can assure the Sen- all Federal civilian and military per- curement of some 1000 F/A–18 E/F’s. I ator that we will look into this matter sonnel. This is particularly significant believe that this amendment will assist and further discuss it with our col- given the Metro facilities at the Pen- in getting the relevant information, leagues in the House when we go to tagon. The program, offered by the and I appreciate the cooperation of the Conference. Washington Metropolitan Area Transit managers in moving us in that direc- DOD NATURAL RESOURCES ASSESSMENT Authority (WMATA), and authorized tion. Mr. WARNER. Mr. President, as you under the Federal Employees Clean Air The PRESIDING OFFICER. The and Senator STEVENS know, the De- Incentives Act, Public Law 103–172, en- question is on agreeing to the amend- fense authorization bill is currently in acted in 1993, allows Federal agencies ment. conference and I am a conferee on that to provide a tax free benefit of up to $65 The amendment (No. 4892) was agreed legislation. Section 248 of that bill as per month in employer-provided tran- to. passed by the House contains a provi- sit passes to help defray the costs of Mr. STEVENS. Mr. President, I move sion which authorizes a natural re- daily commutes by public transpor- to reconsider the vote. sources assessment and training deliv- tation. The Federal Government is also Mr. INOUYE. I move to lay that mo- ery system improvement program to permitted to provide up to $165 per tion on the table. enhance the Department of Defense’s month for parking costs, similarly ex- The motion to lay on the table was capabilities for complying with its own cluded from an employee’s taxable in- agreed to. requirements to protect and conserve come. These benefits are identical to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7995 those enjoyed by private sector em- for the Advanced Materials Intelligent In addition, Northwestern’s Institute ployees under the Energy Policy Act of Processing Center in the fiscal year of Learning Sciences is nationally rec- 1992. 1997 Defense Appropriations legisla- ognized in using artificial intelligence This incentive program for Federal tion. I believe the Center will provide for adaptive learning systems. Finally, employees has been an unqualified suc- returns to the American taxpayers by Northwestern’s industrial research lab- cess. The 100 Federal agencies in this enhancing the affordability of military oratory, BIRL, has successfully worked area, including the United States Sen- hardware and defense readiness. with many commercial and military ate, that participate in the WMATA At present, the affordability of mili- suppliers to develop and transfer new Program, called Metrochek, have re- tary hardware is determined in part by advanced materials and processing duced parking costs, decreased em- the cost of fabricating components and technologies. ployee absenteeism rates and improved the stockpiling of weapons for future With the end of the cold war, the Na- employee morale and productivity. The use. Advanced materials, which are in- tion’s industrial capacity to provide program also results in significant en- creasingly used in military hardware defense hardware has declined dramati- ergy conservation and environmental because they provide important per- cally through the closure or conversion benefits and serves to reduce traffic formance benefits, can be difficult and to commercial use of defense manufac- congestion, by encouraging Federal expensive to process. Weapons are pres- turing facilities. Many U.S. defense employees to take public transit, rath- ently manufactured and stockpiled at firms may be unable to convert their er than driving alone in their auto- great cost in part because technologies operations rapidly to large-scale mili- mobiles. are not yet in place that would allow a tary production. The funding rec- Mr. STEVENS. This certainly ap- mothballed plant to be reactivated ommended in this year’s legislation pears to be a worthwhile program. I quickly, or a commercial manufac- would allow for development of a cen- would like to join the distinguished turing plant to be converted rapidly to ter that can help address the defense gentleman in encouraging Department military production. readiness of our industrial base. of Defense organizations to participate. The Advanced Materials Intelligent In your opinion, what would be the Processing Center can address both of In closing, Mr. President, I would most efficient method for gaining their these cost factors by providing an inte- like to again commend my colleagues participation? grated approach for the fabrication of on the subcommittee for their efforts Mr. WARNER. First, Mr. President, military hardware containing advanced on behalf of this center. the Department of Defense should in- materials. The Center will develop Mr. STEVENS. I appreciate the kind struct its organizations to survey the processing techniques that can help to words of the distinguished Senator area’s Department of Defense employ- lower the cost of fabricating military From Illinois. I am aware that North- ees to accurately estimate how many components from advanced materials, western University in Evanston, IL employees might benefit from this pro- and help to lower the cost and the need would be well qualified to operate the gram. Additionally, I request the for stockpiling. Advanced Materials Intelligent Proc- Chairman’s support in directing some Numerous studies have shown that essing Center and will give this pro- of DOD’s largest organizations to con- inadequate processing technology can gram every consideration for funding duct a demonstration program to test contribute to the high cost of advanced during conference of this bill. the effectiveness of this program. For materials. In addition, the Federal COMPUTER EMERGENCY RESPONSE SYSTEM example, there are over 40,000 civilian Government spends far more on prod- and military Army employees in the uct development (95 percent of Federal Mr. SPECTER. Mr. President, I have Washington area. WMATA estimates research and development) than on sought recognition for the purpose of that approximately 6,400 employees process development, in contrast to engaging my good friend, the distin- could utilize the Metrochek Program. Japan where the breakdown of research guished chairman of the Defense Ap- Similarly, the Navy and Marines have and development funding is exactly op- propriations Subcommittee, in a col- 58,000 employees in this area, of which posite, and where affordable advanced loquy regarding support for the Com- 8,700 may be able to utilize the pro- materials are being developed far more puter Emergency Response Team Co- gram; and the Air Force has over 21,000 rapidly than in the United States. ordination Center [CERT/CC], located employees, of which 3,300 could benefit. The Center is the culmination of at Carnegie Mellon University’s Soft- Mr. STEVENS. I would be pleased to more than two years of discussion and ware Engineering Institute in Pitts- join the distinguished Senator in planning with organizations such as burgh, PA. CERT/CC has operated since strongly encouraging these DOD orga- the Army Materials Laboratory poly- 1988 under the sponsorship of the De- nizations to establish demonstration mer composites group, the Air Force fense Advanced Research Projects programs in order to more closely ex- Material Laboratory controls group Agency [DARPA]. Its mission is to re- amine the potential of this program. and ceramic-matrix composites group, spond to computer security emer- Mr. WARNER. I want to thank the Argonne National Laboratory, the gencies and intrusions on the Internet, Chairman. It seems to me that given NIST polymer composites group and to serve as a central point for identi- the substantial Federal investment the Office of Intelligent Processing of fying vulnerabilities, and to conduct made in Metrorail, we have an obliga- Materials, the IHPTET Fiber Develop- research to improve the security of ex- tion to utilize this extraordinary asset. ment Consortium, and the Navy’s Cen- isting systems. More than half of the Metro stations ter of Excellence in Composites Manu- The number of computer emergencies serve Federal installations. The Metro- facturing Technology. handled by CERT/CC has grown from rail System was built with the full Northwestern University is uniquely 132 in 1989 to nearly 2,500 in 1995. The partnership of the Federal Govern- qualified to establish and operate the severity of these incidents has also in- ment, dating back to the Eisenhower Center because of its international rep- creased dramatically. Finance and Administration. I appreciate the Chair- utation in materials science, its na- banking, medicine and transportation man’s willingness to promote this im- tionally recognized effectiveness in rely heavily on computer networks. portant program which benefits Fed- interdisciplinary R&D, industrial col- But as terrorists, ordinary criminals, eral employees, while reducing conges- laboration, technology transfer, and its and rogue states grow more techno- tion and improving air quality in this experience in operating R&D consortia logically sophisticated, our vulner- region. related to the production of advanced ability to attacks on our computer net- ADVANCED MATERIALS INTELLIGENT military hardware. Northwestern’s De- works has grown. In light of these PROCESSING CENTER partment of Materials Science and En- vulnerabilities, it is critical for the Ms. MOSELEY-BRAUN. Mr. Presi- gineering is consistently ranked among United States to develop networks ca- dent, I would like to express my appre- the top five such departments in the pable of surviving attacks while pro- ciation to my colleagues, the senior Nation, and Northwestern’s Material tecting sensitive data. In my view, Senator from Alaska, TED STEVENS, Science Center was among the first of CERT/CC can play a critical role in en- and the Senior Senator from Hawaii, such laboratories funded by the Fed- suring the security of our computer DAN INOUYE, for the funding provided eral Government. systems.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7996 CONGRESSIONAL RECORD — SENATE July 17, 1996 The Defense Department had planned authorize a Medicare subvention dem- Flight training for Air Force fighter to reduce funding for this critically im- onstration program in fiscal year 1997 pilots would decrease from 20 hours per portant activity. However, an amend- and look forward to reviewing the joint month to an unacceptable 16 hours. ment offered by Senators NUNN, report when it is submitted on Sep- The size of Air National Guard squad- SANTORUM and KYL, and included in the tember 6. I assure my colleague from rons would shrink to 12 aircraft each fiscal year 1997 Defense Authorization Texas that I will be pleased to work from a level that was 18 to 24 just a few bill, authorizes $2 million to the Soft- with him and the administration to try years ago. to expedite the reprogramming of fis- ware Engineering Institute to continue In short, while the administration cal year 1997 funds if the Congress is this effort. This important provision would have people believe that the in- able to authorize the demonstration in will enable CERT’s incident-handling creases we are funding in this bill are activity to continue through fiscal fiscal year 1997. Mr. GRASSLEY. Mr. President, I excessive and unnecessary, the facts year 1997. It is my hope that an appro- are that these increases will only help priate long-term source of funding for would like to thank the chairman of the committee, my friend from Alaska, to slow—not prevent, let alone re- CERT will be identified during the verse—some serious deterioration in coming fiscal year. Senator STEVENS, and my friend the Mr. STEVENS. Mr. President, I ranking minority member, Senator our Armed Forces. thank my colleague from Pennsylvania INOUYE, for doing the good work again In fact, in terms of constant—infla- for his comments. I agree that the this year on the Defense Department’s tion adjusted—dollars, this bill is a CERT provides a critical function for problem disbursements. real-dollar decrease from last year’s the Defense Department at a time The bill includes a provision—section appropriations, and, despite its appar- when our computer systems and net- 8089—that makes the Department ent increases, it constitutes the works are being attacked by computer match disbursements with obligations twelfth straight year of decline in real- before payments are made. dollar defense spending. hackers. I will work to provide an ap- This measure helps to sustain the propriate level of funding for CERT ac- momentum we started back in 1994, The chairman of the Defense Sub- tivities. committee, Senator STEVENS, and the Mr. GRAMM. Mr. President. I would continued in 1995, and re-energized this year. Subcommittee staff deserve the thanks like to discuss with the distinguished Section 8089 ratchets down payment of the Senate for their extremely skill- Chairman and ranking member of the thresholds even more as recommended ful crafting of this bill. It makes the Defense Subcommittee an important in audit reports just issued by the in- best possible use of the limited funds matter that I and a number of our col- spector general and General Account- available; in many respects, it does leagues have been working on. As I am ing Office. more—with less—than other defense sure they are aware, the Senate adopt- This piece of legislation and the ac- bills before Congress, and, most impor- ed an amendment I offered to the fiscal companying report language send the tantly, it helps to stem the aging and year 1997 Senate Defense Authorization right message to the Department. shrinking in our weapons inventory bill that would require the Defense De- We intend to keep the pressure on and the reduced training and readiness partment and the Department of until this problem is fixed. that the administration’s anemic de- Health and Human Services to jointly That’s the message the bill sends. fense budget would impose on our submit to the Congress no later than I thank Senator STEVENS and Sen- Armed Forces. September 6, 1996 a detailed military ator INOUYE for their willingness to fol- low through on this important issue. Finally, Mr. President, I ask unani- retiree Medicare subvention dem- mous consent that a table showing the onstration program implementation Mr. DOMENICI. Mr. President, this Defense Appropriations bill, S. 1894, relationship of the reported bill to the plan. That amendment also authorized Defense Subcommittee’s 602(b) alloca- funds to pay for the demonstration pro- provides $244.8 billion in new discre- tion be printed in the RECORD. gram. Currently, however, the fiscal tionary budget authority and $243.2 in year 1997 Defense Appropriations bill total discretionary outlays for the De- I urge the adoption of this bill. does not include funding for this im- partment of Defense. There are some There being no objection, the mate- portant effort. I would like to bring major elements to this bill that are im- rial was ordered to be printed in the this matter to the attention of my col- portant for Senators to know. RECORD, as follows: The bill, as reported, is within the leagues, and to propose expediting a re- Defense Subcommittee’s Section 602(b) programming request in fiscal year 1997 DEFENSE SUBCOMMITTEE SPENDING TOTALS—SENATE- allocation and, thus, complies with the to fund the demonstration program REPORTED BILL requirements of the Budget Act. [Fiscal year 1997, in millions of dollars] should the Congress authorize it for fis- The bill fully funds certain impor- cal year 1997. tant initiatives that were requested by Budget Mr. STEVENS. Mr. President, I am Outlays the President, including a three per- authority aware of the efforts of my colleague, cent pay raise for all military per- Defense Discretionary: and understand that if the Congress au- sonnel and the end strengths for all of Outlays from prior-year BA and other actions thorizes the demonstration program in completed ...... 80,733 the active and reserve military serv- S. 1894, as reported to the Senate ...... 244,561 162,247 fiscal year 1997 some funds may need to ices. Scorekeeping adjustment ...... be appropriated. Since we do not yet More importantly, the bill also funds Subtotal defense discretionary ...... 244,561 242,980 know how much funding could be re- needed increases in each of the major quired, it is impossible for the sub- Nondefense discretionary: accounts of the defense budget. Each of Outlays from prior-year BA and other actions committee to act at this time. I assure these accounts was left with major completed ...... 12 my colleague that the subcommittee S. 1894, as reported to the Senate ...... underfunding problems by the adminis- Scorekeeping adjustment ...... supports Medicare subvention and we tration’s budget request. The adminis- would be willing to work with my col- tration would have us believe that Subtotal nondefense discretionary ...... league from Texas and the administra- these increases are uncalled for an ex- Mandatory: tion to expedite the reprogramming of cessive; following that advice would Outlays from prior-year BA and other actions 1997 funds if the Congress authorizes a completed ...... have the following consequences: S. 1894, as reported to the Senate ...... 184 184 Medicare subvention demonstration Programmed medical care for mili- Adjustment to conform mandatory programs program in fiscal year 1997. tary beneficiaries would be under- with budget resolution assumptions ...... 12 12 Mr. INOUYE. Mr. President, I too am funded by $475 million, and that care Subtotal mandatory ...... 196 196 well aware of this issue. I am pleased would be reduced. to have been a cosponsor of the amend- The average age of military barracks Adjusted bill total ...... 244,757 243,188 ment to the fiscal year 1997 Defense au- that is now over 30 years would in- Senate subcommittee 602(b) allocation: thorization bill to which my colleague crease. Defense discretionary ...... 244,565 242,985 Nondefense discretionary ...... 12 from Texas referred, as well as being an The average age of tactical aircraft Violent crime reduction trust fund ...... original cosponsor of his demonstra- would increase to over 20 years, and Mandatory ...... 196 196 tion legislation, S. 1487. I strongly sup- some Air Force fighters would be as old Total allocation ...... 244,761 243,193 port the Senate’s efforts to attempt to as 40 years.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7997 DEFENSE SUBCOMMITTEE SPENDING TOTALS—SENATE- yield to me to put this unanimous con- (1) Any contract, advance agreement, or REPORTED BILL—Continued sent as soon as we get final clearance? novation agreement entered into on or after July 12, 1996. [Fiscal year 1997, in millions of dollars] Mr. HARKIN. Any time. (2) Any contract, advance agreement, or Will the majority leader yield on the Budget novation agreement entered into before that authority Outlays unanimous-consent request? date unless the contract or agreement speci- Mr. LOTT. Certainly. fies that payment for costs associated with a Adjusted bill total compared to Senate sub- Mr. HARKIN. Again, maybe my ears committee 602(b) allocation: business combination shall be made under Defense discretionary ...... ¥4 ¥5 did not pick it up. Any time we have the contract using funds appropriated or oth- Nondefense discretionary ...... debate in the evening and we stack erwise made available for the Department by Violent crime reduction trust fund ...... NA NA Mandatory ...... votes in the morning, this Senator this Act. feels that it is appropriate to give at Mr. HARKIN. Mr. President, I ask Total allocation ...... ¥4 ¥5 least a couple of minutes in the morn- unanimous consent that Senator Note: Details may not add to totals due to rounding. Totals adjusted for SIMON’s name be added as a cosponsor consistency with current scorekeeping conventions. ing before the votes. Mr. LOTT. That would be included in of the amendment. Mr. STEVENS. Mr. President, I yield the unanimous-consent request. The PRESIDING OFFICER. Without to the majority leader. Mr. STEVENS. A minute on each objection, it is so ordered. Mr. LOTT. Mr. President, again, I side. Mr. LOTT. Mr. President, if the Sen- want to thank the managers of the bill Mr. LOTT. I yield the floor, and ator will yield, I believe we have this for the good work they have done. hopefully we can get the final word mo- agreement. They have done an incredible job in mentarily. UNANIMOUS-CONSENT AGREEMENT working through a long list of amend- Mr. HARKIN addressed the Chair. Mr. President, I ask unanimous con- ments and making sure that all the The PRESIDING OFFICER. The Sen- sent that all remaining amendments to Senators’ interests are protected. ator from Iowa is recognized. the Department of Defense appropria- It looks to me like they have reached AMENDMENT NO. 4492 tions bill be offered, that all debate occur today, and that the rollcall votes a point here where we can bring the (Purpose: Relating to payments by the De- DOD appropriations bill to a conclu- partment of Defense of restructuring costs ordered with respect to these amend- sion, with votes in the morning. We are associated with business combinations) ments begin at 9:30 a.m., on Thursday, waiting for one final clearance. We Mr. HARKIN. Mr. President, I send July 18, with the first vote limited to hope to get that, and there are calls an amendment to the desk. the standard time, and all remaining being made now. The PRESIDING OFFICER. The stacked votes reduced to 10 minutes in I thank the Democratic leader pub- clerk will report. length with 2 minutes equally divided licly for his help in working through The bill clerk read as follows: prior to each vote for explanation. these amendments and on a number of I further ask unanimous consent The Senator from Iowa [Mr. HARKIN], for that, following disposition of the other issues we are working on. himself, and Mr. SIMON, proposes an amend- I will not ask unanimous consent ment numbered 4492. amendments, all other provisions of this consent agreement apply; and, fol- right now, but I thought I might out- Mr. HARKIN. Mr. President, I ask lowing third reading of H.R. 3610, that line what the two managers have come unanimous consent that reading of the Senator DORGAN be recognized to be up with, and that would be this: All re- amendment be dispensed with. followed by 5 minutes equally divided maining amendments to the Depart- The PRESIDING OFFICER. Without between the two managers; and, fol- ment of Defense bill be offered and all objection, it is so ordered. debate occur tonight, and that any The amendment is as follows: lowing the conclusion or yielding back rollcall votes ordered with respect to of time, the Senate proceed to vote on On page 88, between lines 7 and 8, insert final passage of H.R. 3610, as amended, these amendments begin at 9:30 in the the following: morning, with the first vote limited to SEC. 8099. (a)(1) Not later than February 1, without further action or debate; and the standard time, and all remaining 1997, the Comptroller General shall, in con- following disposition and passage of stacked votes be reduced to 10 minutes sultation with the Inspector General of the H.R. 3610, the Senate turn to consider- in length, with 2 minutes equally di- Department of Defense and the Director of ation of S. 1956, the reconciliation bill. vided on each before the votes so that the Office of Management and Budget, sub- Mr. DASCHLE. Reserving the right there will be an explanation; following mit to Congress a report which shall set to object, I suggest the absence of a the disposition of all of those amend- forth recommendations regarding the revi- quorum. sions of statute or regulation necessary— The PRESIDING OFFICER. The ments and all other provisions of the (A) to assure that the amount paid by the bill, we would go to third reading, and clerk will call the roll. Department of Defense for restructuring The bill clerk proceeded to call the Senator DORGAN would be recognized costs associated with a business combination for 5 minutes for closing debate, and does not exceed the expected net financial roll. there would be 5 minutes equally di- benefit to the Federal Government of the Mr. DASCHLE. Mr. President, I ask vided between the two managers, and business combination; unanimous consent that the order for following that, final passage. (B) to assure that such expected net finan- the quorum call be rescinded. The PRESIDING OFFICER. Without If sounds to me like all of this could cial benefit accrues to the Federal Govern- ment; and objection, it is so ordered. probably be done within an hour or so, (C) in the event that the amount paid ex- Mr. DASCHLE. Mr. President, I have and then we would go right after that ceeds the actual net financial benefit, to per- no objection. into the consideration of S. 1956, which mit the Federal Government to recoup the The PRESIDING OFFICER. Is there is the reconciliation bill. If we can get difference between the amount paid and the objection? a final clearance on that, then we actual net financial benefit. Without objection, it is so ordered. would be able to officially announce (2) For purposes of determining the net fi- Mr. LOTT. Mr. President, for the in- nancial benefit to the Federal Government that there would be no further votes formation of all Senators, there will be tonight. We have not gotten that fi- of a business combination under this sub- section, the Comptroller General shall uti- no further votes this evening. However, nally agreed to at this point. But I lize a 5-year time period and take into ac- Members who have amendments will think it would be very good if we could count all costs anticipated to be incurred by have to remain to offer and debate get that completed and go to reconcili- the Federal Government as a result of the their amendments. Those votes, includ- ation. Of course, we would have to have business combination, including costs associ- ing passage, will occur beginning at it. The bill would have to be available, ated with the payment of unemployment 9:30 a.m. Also, following passage of the and we believe it will be available by compensation and costs associated with the DOD appropriations bill, the Senate retraining of workers. 10:30 in the morning. will begin reconciliation. Let me do this while we are waiting. (b) No funds appropriated or otherwise made available for the Department of De- Therefore, a number of votes will I thought maybe we could go the agree- fense by this Act may be obligated or ex- occur during Thursday’s session of the ment at any moment now. Would the pended to process or pay any claim for re- Senate. Senator from Iowa like to go ahead and structuring costs associated with a business Again, I thank Senator DASCHLE, proceed? Then would he be willing to combination under the following: Senator STEVENS, and Senator INOUYE

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S7998 CONGRESSIONAL RECORD — SENATE July 17, 1996 for the great work they have done here, On page 10 of the same IG report, that taxpayers recoup any payments in and all Senators because it takes a lot One contractor’s restructuring proposal excess of realized benefits. It will also of cooperation to get a unanimous-con- projected savings over 10 years. The contrac- allow us to have hearings on this far- sent agreement. tor’s projections are highly speculative since reaching policy change. We will continue to try to move bills the volume of Government business is not Mr. President, this amendment is that we get agreement on, and judges guaranteed. The same contractor also pro- very similar to one adopted in the that we have agreement on, so that we posed savings based on ‘‘synergies in the House on June 13. On June 13—get work force’’ [how about that one?] a term this—the House of Representatives, by can continue to work together and do that is not defined in the existing procure- the business of the Senate. ment regulations, and is difficult at best to voice vote, adopted an amendment I thank Senator HARKIN for yielding monetize and evaluate.’’ even more stringent than mine. It this time. Another contractor proposed keeping would be retroactive. It would go back AMENDMENT NO. 4492 subcontract profits [listen to this one] even on the contracts that are held The PRESIDING OFFICER. By pre- in its prime contract price, although it right now. vious agreement, the proponents of the now owned the subcontractor and When I first proposed my amendment Harkin amendment have 30 minutes would be receiving a profit on top of a on the defense authorization bill, some under the control of the Senator from profit. of the Members came to me and said, Iowa, and the opponents have 15 min- ‘‘Oh, my gosh. This is going to open up Another example: the Government to all kind of law- utes. A contractor voluntarily deleted costs to The Senator from Iowa is recognized. suits—breach of contract.’’ Well, all win a competitive program and subsequently right, I took that into account. This Mr. HARKIN. Mr. President, this is a identified those costs as restructuring. very simple amendment. Let me try to amendment that I offer is not like that And billed the taxpayers for it. amendment. This amendment is only explain it by beginning this way. If you On page 16, the same IG report, which prospective. It allows the Government remember the $600 toilet seats, and the just came out about 3 weeks ago: $500 hammers in the Department of De- Amortization based on the projection of to pay the costs for which it is cur- fense, well, what is going on right now extended savings can almost make a mar- rently obligated, but it prevents any is going to make those look like a real ginal acquisition appear attractive by further obligation. Let me be very clear about this, espe- bargain. What has happened since 1993, spreading costs over a long period, and com- cially to the managers of the bill. This due to a policy change that was never paring them to the projected savings to de- termine savings. In all cases, amortization amendment allows the Government to debated on the Senate floor, never pub- periods were selected for arbitrary reasons, pay costs for which it is currently obli- lished in the Federal Register, is that such as the length of time needed to achieve gated but prevents any further obliga- taxpayers are now paying for mergers restructuring savings, or to meet available tion. and acquisition costs of defense con- funding otherwise not supported by gen- Let me just discuss this policy in tractors. erally accepted accounting principles. more detail. Lawrence Korb, the Under Yes. You heard me right. Any defense There is more, but I will leave that Secretary of Defense under President contractor that merges—acquires other for right now. Reagan, supports this amendment. Ac- companies—the taxpayers get to pick As I said earlier, Mr. President, pro- cording to an article by him in the up the bill. I know it is hard to believe. ponents also say the policy is going to summer 1996 issue of the Brookings Re- But it is actually happening. save taxpayers’ money. How many view, this wasteful practice was initi- The cost estimated so far of doing times have we heard that old song? The ated by the Pentagon in July 1993. The this just since 1993 is over $300 million. record is spotty at best. Pentagon claims that this was not a There is somewhere in the neighbor- According to a GAO study of one change of policy but merely a clarifica- hood of about $2 billion in costs pend- business combination, ‘‘The net cost tion of existing policy. However, no one ing that the taxpayers will have to reduction certified by DOD represents can come up with examples of such cor- pick up unless we do something about less than 15 percent of the savings pro- porate welfare before the 1993 decision. it and stop this nonsense—this egre- jected to the DOD 2 years earlier when And there are several examples of such gious attack on the taxpayer dollars. they sought support for the proposed requests being denied. So it was a pol- In 1993 the DOD, at the request of de- partnership.’’ icy change, a serious and costly one. fense contractors, changed its policy Less than 15 percent of the projected If this was not a policy change and on reimbursing companies for cor- savings were actually being achieved. merely a clarification of existing pol- porate mergers without adequately no- That alone proves the need for my icy, then you better look out, because tifying Congress. This change in the in- amendment. we have got mergers and acquisitions terpretation of the Federal acquisition Clearly, projected savings are not going back to the late 1970’s, and they rules is far reaching. Every department being realized. Yet, there is absolutely are all going to be marching up here and agency of the Government is af- no mechanism for DOD to recoup ac- and saying, well, it was existing policy. fected. Yet, the Senate has not had one tual losses to the Government. As a re- I hope the managers of the bill and hearing nor significant floor debate on sult, the American taxpayer is being their staffs will think about this and this issue. asked to pick up the tab. respond to this. You cannot have it Mr. President, this amendment sim- In addition, the current practice is to both ways. If this is a change in policy, ply seeks to assure that what pro- measure only cost to the Department then it was not published in the Fed- ponents of this form of corporate wel- of Defense when contractors merge and eral Register. It did not follow the fare claim—that it will lead to rational lay off thousands of hard-working rules, Federal rules. There were no downsizing of the defense industry and Americans. The costs associated with hearings held in the Senate. We never result in net savings to the taxpayer— Government-subsidized social services debated it. If, however, as the Pen- is actually realized. As of now both of like worker retraining are not tallied. tagon claims, this was not a change in those claims do not seem to be sup- Neither are the costs associated with policy but only a clarification of exist- ported by the facts. lost payroll tax revenue. My amend- ing policy, then the taxpayers of this Let me read a couple of passages ment would fix that by requiring the country ought to have to pay for every from a recent DOD inspector general Comptroller to include all costs to the merger and acquisition going all the report dated June 28, 1996, on page 9. Government in his recommendations. way back, and so the ones that were ‘‘Contractors’’—meaning defense con- Although I believe this practice must denied in the past will now come back tractors—‘‘are submitting cost pro- stop, maybe this is too much to do to haunt us because they will come posals for activities called concentra- right now, but that is why I am offer- back and say, by your own words, this tion, transition, economic planning, ing this very modest amendment. What was existing policy. and other terms that do not imme- this amendment does is it merely puts That is why even the $2 billion we are diately suggest restructuring and make a 1-year moratorium on these pay- looking at that is pending now is going the cost issues difficult for the Govern- ments so the Comptroller General can to mushroom to $3 billion, $4 billion, $5 ment to review, administer, and re- give us the tools we need to take a billion. Who knows when it will all solve.’’ close look at the policy and to ensure end?

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S7999 Let me read a little bit from Mr. There being no objection, the letter consolidation. As Norman Augustine of Korb’s article. First of all, from his let- and article were ordered to be printed Lockheed Martin has observed, for the de- ter to me dated July 11. in the RECORD, as follows: fense industry this is 1929. As I testified in July 1994 before the House Superficially these reasons seem quite THE BROOKINGS INSTITUTION, plausible. Merger mania has certainly hit Armed Services Committee, and as I have CENTER FOR PUBLIC POLICY EDUCATION, written in Foreign Affairs, the Brookings many areas of American industry, such as Washington, DC, July 11, 1996. banking and communications. In 1992 Chem- Review and the Baltimore Sun, I do not be- Hon. TOM HARKIN, lieve that such payments are necessary to ical Bank merged with Manufacturers Han- U.S. Senator, over, and in 1995 they combined with Chase promote the rational downsizing of defense Washington, DC. industry. Moreover, by its policy of sub- Manhattan to form a single company. In the DEAR SENATOR HARKIN: As you requested, I past year, Time, which had merged with sidizing defense mergers and acquisitions, am writing to give you my opinion on your the Clinton administration has already cre- Warner Communications in 1990, purchased amendment to S. 1894, that would prohibit Turner Broadcasting; Capital Cities/ABC ated mega-companies that will stifle com- the secretary of defense from paying the re- petition and wield tremendous political merged with Pacific Telesis; and Bell Atlan- structuring costs resulting from a merger or tic merged with NYNEX. power. acquisition in the defense industry after And defense spending has indeed fallen The conditions that the amendment places July 11, 1996, and permits the Federal gov- since the end of the Cold War. In current dol- on paying the subsidy will ensure that Fed- ernment to recoup funds from those compa- lars, projected defense spending for fiscal eral money will not go towards mergers that nies that merged prior to this date if the net year 1997 is about 40 percent below that of a would have occurred without the subsidy or federal benefit does not exceed the amount decade ago, and procurement spending is before the policy change. In addition, your paid to the companies. amendment— As I testified in July 1994 before the House about one-third what it was at its peak in Talking about my amendment— Armed Services Committee, and as I have the 1980s. But what industry spokesmen fail to note Will guarantee that there will be real sav- written in Foreign Affairs, the Brookings is that the decline in defense expenditures ings to the taxpayer and that these savings Review, and the Baltimore Sun, I do not be- has been greatly exaggerated and that, un- are documented. lieve that such payments are necessary to promote the rational downsizing of defense like the private-sector restructuring, the In the article that he had in the government is subsidizing defense mergers. Brookings Review in the summer issue, industry. Moreover, by its policy of sub- sidizing defense mergers and acquisitions, Remember the $600 toilet seats and the $500 Mr. Korb pointed out how this hap- the Clinton administration has already cre- hammers that had taxpayers up in arms dur- pened. He said: ated mega-companies that will stifle com- ing the mid-1980s? Today’s subsidized merg- To date, the Pentagon has received 30 re- petition and wield tremendous political ers are going to make them look like bar- quests for reimbursement for restructuring. power. gains. The outrageously priced toilet seats Lockheed Martin alone expects to receive at The conditions that the amendment places and hammers were the result of defense com- least $1 billion to complete its merger. on paying the subsidy will ensure that fed- panies taking advantage of a loophole in ac- How did it happen? In July 1993, John eral money will not go toward mergers that quisition regulations. This time, the tax- Deutch, then the undersecretary of defense would have occurred without the subsidy or payers are being fleeced at the hands of the for acquisition, responded to pressure on his before the policy change. In addition, your Pentagon’s civilian leadership, whose secret boss, William Perry, from the chief executive amendment will guarantee that there will be reinterpretation of the regulations has officers of Martin Marietta, Lockheed, Loral real savings to the taxpayer and that these rained hundreds of millions of dollars upon and Hughes by deciding to allow defense savings are documented. the defense industry. To date the Pentagon companies to bill the Pentagon for the costs I appreciate your asking for my opinion on has received 30 requests for reimbursements of mergers and acquisitions. this matter and would be happy to answer for restructuring. Lockheed Martin along ex- According to Deutch...the move was any questions you might have. pects to receive at least $1 billion to com- not a policy change but a clarification of ex- Sincerely, plete its merger. isting policy. LAWRENCE J. KORB, Deutch is wrong...This is a major pol- HOW DID IT HAPPEN? Director. icy change. It is not necessary. And it will In July 1993, John M. Deutch, then the un- not save money. [From the Brookings Review, Summer 1996] dersecretary of defense for acquisition, re- Mr. Korb goes on in his article. He MERGER MANIA sponded to pressure on his boss, William says: (By Lawrence J. Korb) Perry, from the chief executive officers of Martin Marietta, Lockheed, Loral, and McDonnell Douglas, Martin Marietta, Indeed, during the Bush administration, Hughes by deciding to allow defense compa- Ling-Temco-Vaught (LTV). As the telltale the Defense Contract Management Agency nies to bill the Pentagon for the costs of compound names signal, mergers and acqui- rejected a request by the Hughes Aircraft mergers and acquisitions. According to sitions have long been a staple of the U.S. Corporation to be reimbursed for $112 million Deutch, who has since been promoted to dep- defense industry. But since the Clinton ad- in costs resulting from its acquisition of uty secretary of defense and then to director ministration took office in 1992, the number General Dynamics’ missile division. of Central Intelligence, the move was not a But on July 21, 1993, Deutch wrote a memo- of mergers has increased dramatically. randum stating that restructuring costs are In 1991, military mergers were valued at policy change but a clarification of existing indeed allowable and thus reimbursable some $300 million. by 1993, the value had policy. In Deutch’s view, not only was the under Federal procurement law. climbed to $14.2 billion. It will top $20 billion clarification necessary to promote the ra- Deutch’s position that he was merely clari- in 1996. In 1993 Martin Marietta purchased tional downsizing of the defense industry, it fying rather than making policy is not sup- General Electric’s defense division and Gen- would also save taxpayers billions in the ported by anyone, even those who favor the eral Dynamics’ space division. At about the long run. change. The procurement experts in his own same time Lockheed purchased General Dy- Deutch is wrong on all three counts. This department disagreed vehemently. On June namics’ aircraft division, while Loral pur- is a major policy change. It is not necessary. 17, 1993, the career professionals at DCMA chased LTV, Ford Aerospace, and Unisys. And it will not save money. told him that the history of the FAR argues Then in 1994 Lockheed merged with Martin A commonsense reading of the Federal Ac- against making the nonrecurring organiza- to become Lockheed Martin, and a year later quisition Regulations (FAR) would lead a tion costs associated with restructuring Lockheed Martin purchased Loral to produce reasonable person to conclude that organiza- costs allowable and noted that they had dis- a $30 billion giant known as Lockheed Mar- tion costs are not allowable. The regulations allowed these costs in the past. tin Loral, which now controls 40 percent of state that since the government is not con- The DCMA position was also supported by the Pentagon’s procurement budget. cerned with the form of the contractor’s or- Don Yockey, the undersecretary of defense During this same period. Northrop outbid ganization, such expenditures are not nec- for acquisition in the Bush administration, Martin for the Grumman aircraft company, essary for or allowable to government con- the Aerospace Industries Association, the and the new company in turn bought the de- tracts. Indeed, during the Bush administra- American Bar Association’s Section on Pub- fense division of Westinghouse. On a some- tion, the Defense Contract Management lic Contract Law, and the American Law Di- what smaller scale, Hughes bought General Agency (DCMA) rejected a request by the vision of the Congressional Research Serv- Dynamics’ missile division and Raytheon Hughes Aircraft Corporation to be reim- ice.*** purchased E-Systems. Among the true de- bursed for $112 million in costs resulting In Luckey’s opinion, Deutch’s posi- fense giants, only McDonnel Douglas has not from its acquisition of General Dynamics’ tion is based on semantics, not legal- yet made a major purchase. missile division. As far back as the Nixon ad- ity. Spokesmen for the defense industry cite ministration, during the post-Vietnam draw- Mr. President, I ask unanimous con- two reasons for this sudden rush of mergers. down of defense spending, which was as se- First, merger mania is sweeping U.S. indus- vere as the current drawdown, the Defense sent the cover letter to this Senator try generally. Second, with the end of the Department rejected a similar request from and the article that appeared in the Cold War, defense spending has fallen so dra- General Dynamics. Brookings Review, summer 1996, be matically that excess capacity in the defense But on July 21, 1993, Deutch wrote a memo- printed in the RECORD. industry can be eliminated only through randum stating that restructuring costs are

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8000 CONGRESSIONAL RECORD — SENATE July 17, 1996 indeed allowable and thus reimbursable Taxpayers should be giving the defense in- Over the past five years, William Anders, under federal procurement law. Because dustry a windfall by allowing a write-off of the former CEO of General Dynamics, made Deutch regarded the memo as merely a clari- substantial parts of restructuring costs. For himself and his stockholders a fortune by fication of existing policy, he saw no need for four reasons, the answer to that question selling parts of his company to Hughes, Mar- a public announcement. Indeed, he did not should be an emphatic ‘‘No.’’ tin, and Lockheed. Since 1991 General Dy- discuss his ‘‘clarification’’ with the military First, like Mark Twain’s death, the decline namics’ stock increased 550 percent and the services or Congress or even inform them of of the defense industry in this country has company has stashed away $1 billion. Should it. Congress found out about it accidentally been greatly exaggerated. As Pentagon and we also help the stockholders and executives nine months after the memo was written industry officials endlessly point out, de- of the buying companies? Did defense compa- when Martin Marietta tried to recoup from fense spending in general, and procurement nies offer the taxpayers a rebate during the the Pentagon about $60 million of the $208 spending in particular, have declined over boom years of the 1980s when their profits million it paid for General Dynamics’ space the past decade. They note that between fis- reached unprecedented levels? division. A somewhat astonished Senator cal year 1985 and fiscal year 1995, the defense Third, the Defense Department has no Sam Nunn (D-GA), then chairman of the budget declined 30 percent in real terms and business encouraging or shaping the restruc- Senate Armed Services Committee, re- procurement spending fell 60 percent. But turing of defense industry, or as Deutch puts that comparison ignores the fact that be- marked, ‘‘Why pay Martin Marietta [60] mil- it, ‘‘promoting the rational downsizing of the tween fiscal year 1980 and fiscal year 1985, lion?’’ defense industry.’’ Who is to determine what the defense budget grew 55 percent and the Deutch’s position that he was merely clari- is rational? A government bureaucrat or the procurement budget grew a whopping 116 fying rather than making policy is not sup- market? While government shouldn’t dis- percent. Defense spending in real terms is ported by anyone, even those who favor the courage restructuring, it should stay at still at about its Cold War average, and the change. The procurement experts in his own arm’s length. If the deal does not make good defense budget for fiscal year 1996 was higher business sense, the company will not pro- department disagreed vehemently. On June than it was for fiscal year 1980. In inflation- 17, 1993, the career professionals at DCMA ceed, As Martin did not when the price for adjusted dollars, Bill Clinton spent about $30 Grumman became too high. Moreover, might told him that the history of the FAR argues billion more on defense in 1995 than Richard not these mergers create megacompanies against making the nonrecurring organiza- Nixon did in 1975 to confront Soviet Com- that will reduce competition and may be tion costs associated with restructuring munist expansionism. Using fiscal year 1985, very difficult for the political system to con- costs allowable and noted that they had dis- the height of the Reagan buildup, as a base trol? The Lockheed Martin Loral giants, for allowed these costs in the past. year distorts the picture. It would be like example, is larger than the Marine Corps. The DCMA position was also supported by comparing spending in the Korean and Viet- With facilities in nearly every state and Don Yockey, the undersecretary of defense nam wars to the level of World War II and 200,000 people on its payroll, its political for acquisition in the Bush administration; concluding we did not spend enough in Korea clout is enormous. And it presents problems the Aerospace Industries Association (AIA), and Vietnam. Moreover, procurement spend- over and above its sheer size. For example, the trade association for aerospace compa- ing will rise 40 percent over the next five Loral sells high-tech components to McDon- nies; the American Bar Association’s Section years, and the pentagon is now soliciting nell Douglas for its plane, which is com- on Public Contract Law; and the American bids for the $750 billion joint strike fighter peting with Lockheed Martin for the $750 bil- Law Division of the Congressional Research program. lion joint strike fighter program. How can Service. Similarly, while defense employment has Loral be a partner in promoting the Yockey, who was Deutch’s immediate pred- fallen 25 percent over the past eight years, it McDonnel Douglas plane against the Lock- ecessor as procurement czar and who is both grew 30 percent in the five years before that. heed Martin entry? a retired military officer and former defense More people work in the defense sector now Fourth, past history indicates that these industry executive, argued in a July 13, 1994, than at any time in the decade of the 1970s. mergers end up costing rather than saving letter to the professional staff of the House Moreover, much of the decline in the defense the government money. Both the General Armed Services Committee that by defini- industry is attributable to the reengineering Accounting Office and the Department of De- tion, structure means organization, and that or slimming down that is sweeping all Amer- fense Inspector General have found no evi- the FAR does not allow the reimbursement ican industries, even those with an increas- dence to support contentions by Deutch and of organization costs. Indeed, it was Yockey ing customer base. defense industry officials that previous himself who told DCMA to reject Hughes’ re- Finally, if one adds the $266 billion worth mergers had saved the government money. quest for reimbursement for its purchase of of U.S. arms sold around the world since 1990 Indeed, on May 24, 1994, the Inspector Gen- General Dynamics’ missile division. (a scandal in itself) to the $300 billion in pur- eral found that the claim of Hughes Aircraft In a September 28, 1993, letter to Eleanor chases by the Defense Department, American that its 1992 purchase of General Dynamics’ Spector, the director of defense procure- defense industry sales are still at historic missile division saved the Pentagon $600 mil- ment, Leroy Haugh, vice president of pro- highs. Defense is still a profitable business— lion was unverifiable. Moreover, under the curement and finance of AIA, stated that the which explains why defense stocks are still Deutch clarification, contractors can be re- Deutch memo constituted a significant pol- quite high despite the jeremiads of industry imbursed now for savings that are only pro- icy decision and an important policy change. spokesmen. Over the past year Lockheed jected to occur in the distant future. And if Therefore, Haugh asked Spector to promptly Martin stock has increased 48 percent in these savings do not occur as projected, how publish notice of this policy change in the value. Northrop Grumman is up 50 percent will the Pentagon get its (our) money back? and McDonnell Douglas a whopping 80 per- Federal Register and to consider amending BRING BACK THE MERGER WATCHDOGS the regulations. In a May 3, 1994, letter to cent. Mergers always have been and always will Deutch, Donald J. Kinlin, the chair of the Second, taxpayer subsidization is no more necessary today to promote acquisitions and be a feature of the U.S. defense industry. ABA Section on Public Contract Law, urged And the government has a role in those Deutch to modify the FAR since at that time mergers than it has ever been. Just about every major defense company today is the mergers. But that role—as exemplified by it did not reflect the changes made in the successful 1992 Bush administration chal- Deutch’s July 1993 memorandum. What is product of a merger, some of them decades old. For example, General Dynamics ac- lenge of Alliant Techsystem’s proposed ac- significant about the AIA and ABA positions quisition of Olin Corporation’s ammunition is that both groups support Deutch’s change. quired Chrysler’s tank division in the early 1980s, and McDonnell acquired the Douglas division—is to ensure that they preserve suf- Finally in a June 8, 1994, memorandum ficient competition to enable the Pentagon John R. Luckey, legislative attorney for the Aircraft Company in the late 1960s. Even today in the supposed ‘‘bull market,’’ plenty to get the best price for the taxpayer. It is Congressional Research Service, stated that definitely not to increase company profits while formal amendment of the FAR could of bidders vie for the available companies. Three years ago, several companies engaged and limit competition by subsidizing the make restructuring costs allowable, the ar- merger. Not only should the Defense Depart- gument that they are allowable under the in a fierce bidding war for LTV. And Nor- throp outbid Martin Marietta for Grumman. ment abolish the new merger subsidy, it current regulations appears to contradict should follow the lead of its predecessors and their plain meaning. In Luckey’s opinion, It is hard to believe that if taxpayer sub- sidies were not available, companies would scrutinize the anticompetitive aspects of all Deutch’s position is based on semantics, not future mergers. legality. not buy available assets if it made good busi- ness sense. If they paid a little less for their Mr. HARKIN. So this practice is In short, the political leadership of the clearly an abuse of taxpayers’ money. Clinton defense department made a signifi- acquisitions, the taxpayers rather than the stockholders would benefit. In the bidding cant policy change that as a minimum If these companies are compelled to war for Grumman, both Martin and Northrop should have been published in the Federal merge for business reasons, why do offered significantly more than market Register and, as Secretary Perry later ad- they need a handout from the tax- value, thus giving Grumman’s shareholders a mitted, cleared in advance with Congress. payer? If the business deals are good, financial bonanza of $22 a share (a bonus of the mergers will happen anyway and THE SUBSTANCE OF THE ISSUE nearly 40 percent). Raytheon paid a similar This end run around the administrative premium to acquire E-Systems in April 1995. the taxpayers will receive any savings and legislative processes by the Pentagon is Should the government allow Northrop’s and without paying anything out. If the unprecedented, but even more important is Raytheon’s stockholders to reap a similar deals are bad, then we should not gam- whether the Defense Department and the bonanza by subsidizing those sales? ble taxpayer funds on them.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8001 You would think we would have Taxpayers for Common $ense believes no rules, Government money cannot go to learned from the savings and loan de- tax dollars should be spent subsidizing a a company to help fired workers unless bacle. You would think we would have business cost of a mature industry. We sup- the companies were already obligated learned from the $600 toilet seats and port your amendment as a step in the right to do that under existing contracts direction toward common sense spending by $500 hammers, too. I just do not think the Pentagon and urge all members of the with the workers. In other words, the it is right to make taxpayers absorb Senate to support your amendment. taxpayers’ subsidies will never reach the business costs of an industry capa- Sincerely, the laid-off workers. ble of paying its own merger expenses. JILL LANCELOT, Mr. President, if you do not believe Mr. Korb points out defense is still a Legislative Director. me, let me read a letter from James profitable business. Over the past year, Carroll, directing business representa- Lockheed Martin stock increased 48 PROJECT ON GOVERNMENT OVERSIGHT, tive of the International Association of percent in value, Northrop Grumman is Washington, DC, July 11, 1996. Machinists, Lodge 709, Marietta, GA. up 50 percent, McDonnell Douglas, a Attn: Kevin Aylesworth. He says: Senator TOM HARKIN, I am the Directing Business Representa- whopping 80 percent. U.S. Senate, tive and President of . . . Local Lodge 709, Anyway, right now we have a situa- Washington, DC. based in Marietta, Georgia. Our Local rep- tion where we give an up-front pay- DEAR SENATOR HARKIN: The Project on ment, hopefully for some savings that Government Oversight strongly endorses the resents workers at Lockheed Martin’s assem- come down the line. But we do not Harkin Amendment to the Fiscal Year 1997 bly plant. Over the past five years, many thousands of our members have been laid off Defense Appropriations bill, S. 1894, to ban know whether those savings are going because of these cutbacks in defense and cost payments to defense corporations for post- to accrue. One analysis we have shows cutting measures by Lockheed Martin. Con- merger ‘‘restructuring’’ costs, and to im- that only about 15 percent of the sav- trary to the facts of an increasing stock prove assurances that past agreements on ings actually accrued. Here is what value and skyrocketing executive compensa- mergers do in fact lead to actual savings for tion, our members did not receive any com- other groups have to say on the sub- the public treasury. pensation or retraining assistance from the ject. The government should not be in the busi- Lockheed Martin Corporation. The Cato Institute: ‘‘The costs asso- ness of promoting and subsidizing defense ciated with mergers should not be ab- mergers, which are already happening at a Mr. President, I want to make it very sorbed by federal taxpayers. This is an record pace. The defense industry is already clear that, under the present subsidy egregious example of unwarranted cor- dangerously concentrated—the newly-formed arrangement, these workers will not porate welfare in our budget.’’ Lockheed Martin Loral accounts for an as- get any Government money regardless Taxpayers for Common Sense: ‘‘It is tounding 40% of the defense procurement of what representatives of the defense time for the Pentagon to drop this ri- budget. The subsidy payments thrust the industry may have told my colleagues. government inappropriately into free mar- ‘‘Our Members did not receive any diculous ‘Money for nothing’ policy.’’ ket decision making, and will serve to fur- The Project on Government Over- ther reduce the economic competition that compensation from Lockheed Martin sight: ‘‘The new policy is unneeded, es- is the ultimate basis for low-cost production. Corporation.’’ tablishes inappropriate government The payments are also exacerbating two If they did not under the company’s intervention in the economy, promotes highly disturbing trends in U.S. industry— agreement, they will not get any from layoffs of high-wage jobs, pays for ex- widespread layoffs in high-wage jobs, and the the Government. They will only get cessive CEO salaries, and is likely to parallel explosion of outrageously high CEO the money from the Government if the cost the government billions of dol- salaries. By subsidizing the costs of restruc- company already helped them. turing, which usually means laying off tens Mr. President, I ask unanimous con- lars.’’ of thousands of workers, and reimbursing Mr. President, I ask unanimous con- sent the letter from James Carroll of corporations for lavish executive salaries, the International Association of Ma- sent these letters from Taxpayers for this unfortunate policy accelerates rather Common Sense and the Project on Gov- than restrains these trends. chinists be printed in the RECORD. ernment Oversight be printed in the The defense industry continues to be There being no objection, the letter RECORD. awash in profits, ‘‘pork’’ contracts, and fed- was ordered to be printed in the There being no objection, the letters eral subsidies. At a time when government RECORD, as follows: were ordered to be printed in the resources are severely constrained, this AERONAUTICAL MACHINISTS wasteful corporate welfare program sub- RECORD, as follows: LODGE NO. 709, IAMAW—AFL–CIO, sidizing mergers should be halted imme- Marietta, GA, June 13, 1996. TAXPAYERS FOR COMMON $ENSE, diately. Hon. BERNIE SANDERS, July 15, 1996. We applaud your efforts to reverse the House of Representatives, Senator TOM HARKIN, damage caused by the Defense Department’s Washington, DC. U.S. Senate, misguided policy on merger payments, and DEAR MR. SANDERS: Following up on the Washington, DC. appreciate the leadership you have shown in letter sent by our International President DEAR SENATOR HARKIN: Taxpayers for Com- exposing and correcting this waste, which George Kourpias on May 15, I would like to mon $ense supports your amendments to the will otherwise end up costing the govern- bring to your attention the urgent need of Defense Appropriations Bill that would place ment billions of dollars. defense industry workers who have been and a moratorium on payments by the Depart- Sincerely, continue to be displaced during this time of ment of Defense to defense contractors for DANIELLE BRIAN, reduced defense spending and cost cutting by restructuring costs associated with cor- Director. America’s private defense companies. porate mergers. Your amendment would also Mr. HARKIN. Mr. President, how I am the Directing Business Representa- require proof for the taxpayers, in the form tive and President of the International Asso- of a report to Congress, that there is a net much time do I have remaining? ciation of Machinists and Aerospace Workers savings when defense contractors merge. As The PRESIDING OFFICER. The Sen- Local Lodge 709 based in Marietta, Georgia. you know, a similar amendment recently ator from Iowa has 12 minutes 15 sec- Our Local represents workers at Lockheed passed the House during consideration of the onds. Martin’s assembly plant. Over the past five Defense Appropriations. Mr. HARKIN. I would like to address years, many thousands of our members have Under existing policy, the Pentagon can some issues that may be bothering been laid off because of these cutbacks in de- spend appropriated funds to reimburse de- fense and cost cutting measures by Lockheed fense contractors for expenses related to cor- some of my colleagues. I know some representatives of defense contractors Martin. Contrary to the facts of an increas- porate mergers. Proponents will argue that ing stock value and skyrocketing executive in the end these mergers could save U.S. tax- have visited with my colleagues. They compensation, our members did not receive payers money. However, the recent merger of have told them my amendment will any compensation or retraining assistance the Lockheed company and Martin Marietta hurt workers because the companies from the Lockheed Martin Corporation. In for form Lockheed-Martin provides dis- are relying on the taxpayer money to fact, during this last round of negotiations turbing evidence of the cost to the taxpayer. help them. This is completely and to- which concluded only two months ago, we Lockheed-Martin may be eligible for up to tally untrue. proposed several innovative ideas to Lock- $1.6 billion in reimbursements. Until there is According to the rules of this sub- heed Martin which would provide for retrain- proof that mergers by defense contractors sidy, DOD cannot reimburse companies ing assistance to displaced aerospace work- save taxpayer money, we should no longer be ers. However, we were unable to reach agree- blindly handing out ‘‘several billions of dol- for helping fired workers unless the ment on any of these innovative ideas. lars’’ as estimated by GAO (GAO/T–NSIAD– companies were already obligated to do We certainly hope that you are successful 94–247). that. Understand, under the subsidy in your attempts to bring some fairness and

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8002 CONGRESSIONAL RECORD — SENATE July 17, 1996 equity to these workers and workers in the have any shame at all? None whatso- it would not allow continued medical, future who have dedicated years of service to ever? It is time to end this practice. dental, life insurance coverage for ter- building America’s defense products. I reserve the remainder of my time. minated employees for the period of With best regards, The PRESIDING OFFICER. Who time involved. JAMES M. CARROLL, seeks recognition? The Senator from Directing Business Representative, We believe the amendment of the IAM Local Lodge 709. Alaska is recognized. The Senator has Senator from Iowa goes in the wrong 15 minutes. The Senator from Iowa has Mr. HARKIN. Some colleagues have direction. We have adopted now by con- said the contractors are going to sue 6 minutes 45 seconds. sent the Bradley amendment, which Mr. STEVENS. Mr. President, we the Government for breach of contract. the Senator from Iowa mentioned. It have faced a dilemma. As we have re- I do not know what they are talking does require the comptroller general to duced defense procurement by more about. If a company has a contract give us a study by early next year—I than 60 percent in the last 10 years, with the DOD that specifies that pay- believe it is by April 1—on the analysis ment must be made from fiscal year that has led to significant overcapacity of these restructuring costs. 1997 funds, it will be paid under my in the defense industry. But at the Under current procedure, the costs amendment. If there is no such clause same time, we have had the difficulty that are not allowed are incorporation in the contracts, then they will not be of trying to ensure the preservation of fees of the new entity, the merged enti- paid from 1997 funds. There is no an industrial base capable of maintain- ty; attorney, accountant, broker, pro- breach of contract here. What my ing the strongest military power in the moter, organizer, management consult- amendment is, is simply a 1-year mora- world. Now, without restructuring this ant, investment banker, or investment torium on payments we are not obli- industry, that overcapacity would have counselor fees cannot be paid, and gated to pay in 1997. led to higher overhead costs that would those are the substantial costs of re- I know there was an amendment have increased the price of defense structuring; interests or other costs of adopted earlier today of Mr. BRADLEY. goods and services and continued the borrowing to finance an acquisition or It called for a study. That amendment downward spiral, really, of the amount merger are not recoverable from the makes the best case for my amend- actually available for acquisition of Department of Defense; any payment ment. It is a clear recognition we do systems that we need to assure our to employees of special compensation not know how to assure that any pay- men and women of the armed services in excess of the contractor’s normal ments for merger claims are purely that they have the best in the world to severance pay practice are not recover- waste. What my amendment does is it be prepared to defend us with. able; any payment to employees of spe- says we are going to have a morato- Restructuring of this defense indus- cial compensation which is contingent rium for 1 year. If you had in your con- try, in my judgment, has reduced the upon the employee remaining with the tract you would be paid out of fiscal unit prices. We have lower unit prices, contractor for a specified period of year 1997 funds, you will be paid. If and we now have long-term savings for time following a change in manage- there is no such existing agreement, the Department of Defense and the tax- ment control are not payable by the then there is a 1-year moratorium until payers as a result of the restructuring. Department of Defense; and any cost we can get the study done that I call Our committee has urged and fostered deemed unreasonable or excessive by for. that restructuring. the Department are not repayable. I might add, that is a study done by A contractor must negotiate restruc- Mr. President, as I said, in my judg- GAO in concert with OMB and the in- turing costs with the Department. Not ment, we face a very difficult task. We spector general, not some internal all costs of restructuring are paid by look forward to the report that we will study done by the Department of De- the Department. The Department of get from the Bradley amendment. But fense. So we can get the study back Defense policy that has been laid down in other areas, we are actually paying early next year, we can take a look at by the Congress and the Department is money to maintain industrial base. We it and we can address this a year from such that if the restructuring plan, and had the President, contrary to my now. its allowable costs, do not save the tax- judgment, decided to buy the Seawolf. But mind you, if we do not put in a payers money, the Department of De- Why? Because we had to maintain the 1-year moratorium, you mark my fense will not agree to pay any of the industrial base to build submarines. We words, they are going to rush in and restructuring costs. have had other instances where we ac- they are going to sign these things in In the past 3 years, the Department tually paid industries to keep going in the next few months and they are of Defense has reimbursed contractors order to maintain the industrial base going to lock it in. Then the arguments $300 million in these restructuring for the future. will be true that if we attempt to stop costs, and we estimate that will save The restructuring process brings to- it, they will sue for breach of contract. $1.4 billion in defense costs. That is a gether and merges industrial parts so Now is the time to put the 1-year mor- 450 percent return on the contribution that the successor entity is capable of atorium on. Now is the time to stop of the Department of Defense to the re- producing for the Government at a this nonsense. structuring plans. lower cost under the circumstances I know, I remember when the $600 I might add that if there are plans that we are buying smaller amounts toilet seats and $500 hammers came up, that are approved, restructuring costs and we are buying different types of people scoffed. The people of this coun- that benefit employees would not be al- equipment. try understood it. The taxpayers of this lowed if the amendment of the Senator I really do believe restructuring is in country understand this, too. They un- from Iowa is adopted. It would not the best interest of the taxpayers of derstand it is not right for them to pay allow severance pay for employees. It this country. I look forward to the compensation for executives, board would not allow early retirement in- study, but I oppose the Senator’s members getting $200,000-and-some a centive payments for employees. It amendment. This is not a question of a year bonuses when they merge, and the would not allow employee retraining hammer or toilet seat or coffee pot. workers being fired and not getting costs. It would not allow relocation ex- This is a question of maintaining the any retraining or compensation what- penses for retained employees, and industrial base of the United States so soever. This money will not help the many times they are moved to dif- that we can continue to be the leader workers one bit. ferent locations. I know several signifi- of the world. It is egregious. I cannot think of any- cant examples of very long movements We are exporting, as we said this thing in my 22 years here in the Con- for those who have retained. Those morning, some 14 billion dollars’ worth gress that I have seen to be this egre- clearly ought to be a cost to be repaid of industrial products that are made by gious. All I can say is those in the de- by the Department when it results in a these industries. They are sold over- fense industry—and not all of them lower cost to the Government. seas. The fact that they are con- —but those who have propounded this, The amendment of the Senator from structed by these industries and pro- those who came to Secretary Perry and Iowa would not allow the repayment of duced by these industries and sold Under Secretary Deutch and got this outplacement services for employees overseas yields us a lower unit price for changed, all I can say is: Don’t you helping them find new jobs. Above all, the taxpayers of this country to allow

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8003 us to continue to replace, I do not care I believe logic will lead us to con- Further, I again reply to my friend what it is, tanks or ships or aircraft. clude that if industry cannot consoli- from Alaska with the letter from the We need to maintain those to maintain date, if industry cannot merge, if it head of the Machinists Union at Martin the defense of this island Nation. cannot restructure, it will not become Marietta, who said that over the last 5 I say to the Senator from Iowa, with more efficient and thereby lower over- years members have been laid off be- all good will to him and what he is try- all costs. This will simply mean that cause of cutbacks. ‘‘* * * our members ing to do, it is wrong to put this con- the taxpayers of the United States will did not receive any compensation or re- cept of restructuring costs in the same have to pay additional sums to support training assistance from the Lockheed category as those fees which we all an inefficient industrial base. Martin Corporation.’’ condemned which were wasteful. These So, Mr. President, I concur with the The way the subsidy is now struc- are not wasteful costs, Mr. President. current policy of the Department of tured, I say to my friends, under the They are the costs of downsizing the Defense that encourages contractors to Department of Defense, they still will production units that we built up dur- restructure and merge, and that this not get anything. They will only get it ing the cold war in order to maintain amendment would be contrary to that if, in fact, there was an agreement by our freedom. Now we are downsizing policy. So I join my chairman in oppos- those companies to provide it in the those units so that we can continue to ing the Harkin amendment. I yield first place. So, again, I hope that they be able to defend our freedom in the fu- back the balance of my time. would look at my amendment and read ture. Mr. HARKIN addressed the Chair. it for what it is. I spent a lot of my personal time The PRESIDING OFFICER. The Sen- Let me just say one other thing. We going over some of these plans to try ator from Iowa is recognized. The Sen- talked about two other things. The in- to assure that they are, in fact, in the ator has 6 minutes, 43 seconds. The dustrial base—we have heard about, public interest. We have had conversa- Senator from Alaska has 2 minutes, 22 well, we are going to erode the indus- tions with the Department of Justice seconds. trial base. I say to my friend from on them and with other entities, indus- Mr. HARKIN. Mr. President, I lis- Alaska, profits are at an all-time high try and Government, to make sure it is tened to my two good friends—and in the defense industry. I do not think on the right course, because of the fact they are just that—responding to my we have to worry about eroding the in- that we know there are going to be in- remarks. I am wondering if they are dustrial base of this country. creased costs down the line in the fu- talking about my amendment. My Again, I refer to the article by Law- ture because we are, in fact, going to friend from Hawaii says that this rence Korb that appeared in the Brook- acquire fewer units for our own use. amendment would not allow them to ings review where he pointed out that Our policy should be to assure the sur- restructure and reorganize. There is they are making record profits, that vival of an industrial base that is capa- nothing in my amendment that says Grumman shareholders got a bonanza ble of meeting demands throughout the that, not one thing in my amendment, of $22 a share, a bonus of 40 percent world in order that we, too, may con- I say to my friend from Hawaii. when they merged. Since 1991, General tinue to have the advantage of prices My amendment simply says, No. 1, Dynamics’ stock increased 550 percent, based upon substantial production and we get a report by next spring, the in- and the company has stashed away $1 not the limited production to meet our spector general and OMB and GAO to billion. We are not eroding the indus- own needs. submit a report to set out just what is trial base of this country. If it is good Does the Senator from Hawaii have happening here and what kind of sav- business practice, they are going to any comments? I yield the remainder ings. merge. of my time to the Senator from Ha- It says then that no funds appro- That brings me to my final point, I waii. priated in this bill can be used this say to my two good friends. We asked The PRESIDING OFFICER. The Sen- year. This is this year’s bill, fiscal year representatives of the defense industry, ator from Hawaii is recognized. Mr. INOUYE. Mr. President, it is al- 1997. No funds in this bill can be used I say to my friend from Hawaii, we ways very difficult to speak in opposi- to pay for a merger acquisition unless asked them—you know, these indus- it has already been contracted to do so. tries do not just deal with the Govern- tion to my friend, Senator HARKIN, but I am certain all of us will agree that So if there is an existing contract right ment. They have private industries corporate restructuring and corporate now, that specifies that we are to pay that they deal with and that they con- mergers are part of the daily business merger and acquisition costs out of tract with. We asked them, in any of world. It is not the exception, it is the this bill. That is OK. your contracts with the private sector, rule. What we say in this amendment is do you have a clause like this in your These mergers are carried out for a that we are going to put a 1-year mora- contract that they will help pay? Not a very simple reason, and that is to re- torium on signing any new ones, just one. Not a one. Just for the Govern- duce the cost of operations. In recogni- signing any new ones. As I said, Mr. ment. So I say to my friends, this is tion of this, the Department of Defense President, mark my word, if we do not not an overburdensome amendment. has adopted a policy that not only al- adopt this amendment, in the next few I know the first amendment I of- lows but encourages defense contrac- months you will have a rush by these fered—maybe the managers of the bill tors to enter into restructuring or cor- companies to sign them, lock them- think this is the first amendment I of- porate mergers in order to save money selves in, and then they will raise the fered back under the authorization bill. for our Department and, in turn, save specter of, uh-oh, it is a breach of a It is not. I recognized that there might money for our taxpayers. Government contract if you do not be a problem with breach of contract. These costs, Mr. President, have to ante up and pay it. That is why we That is why we put a clause in there be certified by auditors of the Depart- need the 1-year moratorium. That is all that said if they have an existing con- ment of Defense. it is. tract, that they are to be paid those And these auditors will have to de- I say to my friend from Alaska, my out of this bill—we are only talking termine that the cost to be offset must amendment does not say that we can- about fiscal year 1997—they must be be lower than the savings accrued to not pay all of these attendant costs paid. I am only talking about those the Government through efficiencies. that he mentioned. He mentioned hous- who did not have that kind of an agree- As a result, having encouraged indus- ing costs. He mentioned all these kinds ment. Then there is a 1-year morato- try to consolidate and to have lower of things, severance pay, retraining, re- rium. We get the report back. We find costs, obviously industry responded. location. out what we are talking about. That Based upon that anticipation, many He said my amendment would not gives us some time. companies have entered into restruc- allow for that. My amendment does not I say to my friends from Alaska and turing. This amendment, though it mention that. My amendment says a 1- Hawaii, please do not put us in a posi- may appear to be meritorious, would year moratorium. That is all, a 1-year tion where, over the next several not allow defense contractors to charge moratorium. But if they have gotten months, companies will come in, lock the restructuring costs as legitimate contracts that say they should be paid in their contracts, and there is not a overhead costs on DOD contracts. this year, they will be paid. darn thing we will be able to do about

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8004 CONGRESSIONAL RECORD — SENATE July 17, 1996 it because then it will be a breach of a have requested an opinion as to whether this DOD has attempted to avoid the Government contract. Let us stop it represents a change in policy from that set unallowability described in § 31.205–27 in two right now, put a moratorium for 1 year, out in the Federal Acquisition Regulations ways. First, it has stated that restructuring (FAR) so as to call for amendment of the get the report, and then figure out costs are not organization costs even though FAR and the accompanying administrative by their own definition restructuring costs what we want to do. Let us figure out— procedures or is merely a clarification of ex- are costs resulting from changes in the con- maybe the defense authorizing com- isting practice. tractor’s organization such as acquisitions mittee or the Appropriations Com- The FAR does not use the term restruc- mergers and divestitures.9 This appears to be mittee might want to spell out in more turing costs. Therefore, while it is quite cor- less a legal argument than a semantic one, detail what it is that will be reimburs- rect to say, as DOD does, that there are no i.e. an unallowable cost is allowable because cases or regulations which make restruc- it is given a new name. able, what is the period of time that we turing costs unallowable,2 it is equally true will take into account, and should we Second, DOD argues that these costs are that there are no cases or regulations which not costs of the organization or reorganiza- have a recoupment clause. do allow their reimbursement. ‘‘Restruc- tion event, but rather costs which arise sub- Mr. President, what if they project turing cost’’ is not a term which has been sequent to the organization or reorganiza- all these savings, the taxpayers rush used in this area, and therefore, it is mis- tion event, and while they would not have in, give them hundreds of millions of leading to draw a conclusion from this lack arisen ‘‘but for’’ the event, the costs, are not dollars for mergers and acquisitions, of mention. part of that event.10 This argument might be DOD would define restructuring costs as: persuasive especially for some of the restruc- and then the savings are not realized? ‘‘Restructuring costs result from changes to turing costs more removed from the actual What do we do? Nothing. Perhaps we a contractor’s organization in an effort to reorganization, merger, or acquisition, but it need a policy of recoupment that if, in address a declining base or to enhance busi- does appear to severely limit any purpose for ness efficiencies. Restructuring represents fact, those savings are not realized the words ‘‘in connection with’’ or ‘‘exe- events driven by internal change such as over, say, 5 years, that we should have cuting the organization or reorganization’’ downsizing or external changes such as ac- a policy of recoupment so that we can of § 31.205–27.11 quisitions, mergers divestitures, etc. This recoup back to the taxpayers the The second type of unallowable cost which implementing guidance addresses restruc- DOD has tried to distinguish in order to find money that was spent out if, indeed, turing costs which result from nonroutine restructuring costs allowable are those the savings do not accrue. nonrecurring, or extraordinary events. Re- which are unallowable under a novation So I think it is a logical and a rea- structuring efforts are expected to result in agreement. A novation agreement is often sonable amendment with just a 1-year a current or future economic benefit for the required in the situation which would give Government.’’ 3 These costs would include moratorium. I think the facts are on rise to what DOD calls restructuring costs. such costs as ‘‘facilities consolidation, facili- our side. I think the people are on our The Government may, when it is in the best side on this issue, too. This does not go ties shut down, severance pay, relocation, equipment write-off, and information system interests of the Government, agree to recog- as far as the House bill. The House bill conversion.’’ 4 nize a successor in interest to a contract (a was retroactive, and there may be To find restructuring cost to be allowable, novation agreement) but the agreement some— DOD has attempted to distinguish or exempt must include the following clause: The PRESIDING OFFICER. The Sen- these costs from two types of costs which the ‘‘The Transferor and the Transferee agree ator’s time has expired. FAR states are unallowable. First, the FAR that the Government is not obligated to pay does not allow reimbursement of organiza- or reimburse either of them for, or otherwise Mr. HARKIN. Mr. President, I ask give effect to, any costs, taxes, or other ex- unanimous consent for 2 minutes. tion costs. Part 31 of the FAR states: ‘‘(a) Except as provided in paragraph (b) of penses, or any related increases, directly or The PRESIDING OFFICER. Is there this section,5 expenditures in connection indirectly arising out of or resulting from objection for an additional 2 minutes? with (1) planning or executing the organiza- the transfer of this agreement, other than Without objection, it is so ordered. tion or reorganization of the corporate struc- those that the Government in absence of this Mr. HARKIN. I think there may be ture of a business, including mergers and ac- transfer or Agreement would have been obli- some problems with that House bill in quisitions, (2) resisting or planning to resist gated to pay or reimburse under the terms of 12 terms of breach of contract, so that is the reorganization of the corporate structure the contracts. ’’ DOD appears to have accepted that reim- why we took it out of here. of a business or a change in controlling in- terest in the ownership of a business, and (3) bursement of restructuring costs would be I hope the managers will take an- raising capital (net worth plus long-term li- prohibited by this provision of the novation other look at this amendment and how abilities), are unallowable. Such expendi- agreement. The solution is provided by the it is written and hopefully be able to tures include but are not limited to incorpo- memorandum in the form of an exception to support and include it in this bill, be- ration fees and costs of attorneys, account- the provision which states: cause I think it will go a long way to- ants, brokers, promoters and organizers, ‘‘The Government recognizes that restruc- wards, again, letting companies re- management consultants and investment turing by the Transferee incidental to the acquisition/merger may be in the best inter- structure, if in the marketplace—if in counselors, whether or not employees of the contractor. Unallowable reorganization costs ests of the Government. Restructuring costs the marketplace—that is the best thing include the cost of any change in the con- that are allowable under part 31 of the Fed- for them to do. Let it happen. But the tractor’s financial structure, excluding ad- eral Acquisition Regulation 13 may be reim- Government should not be an active ministrative costs of short term borrowings bursed under flexibly-priced novated con- player in it one way or the other. That for working capital, resulting in alterations tracts, provided that the Transferee dem- is all this amendment seeks to do. in the rights and interests of security hold- onstrates that the restructuring will (1) re- Mr. President, I ask unanimous con- ers, whether or not additional capital is duce overall costs to DOD and/or NASA, or sent that a document by the Congres- raised.’’ 6 (2) preserve a critical capability that might The guiding principle behind this regula- otherwise be lost to DOD.14’’ sional Research Service, the Library of tion appears to be that the Government is It can be argued that DOD has attempted Congress, be printed in the RECORD. not concerned with the form of the contrac- to alter the policy embodied in these two There being no objection, the mate- tor’s organization and so therefore such ex- FAR provisions without going through the rial was ordered to be printed in the penditures are not necessary for (or allocable administrative formalities and require- RECORD, as follows: to) Government contracts.7 ments, such as notice and comment periods The history of this regulation as set out in and notification of Congress, necessary to CONGRESSIONAL RESEARCH SERVICE, the DCAA memo of June 17, 1993 seems to amend these regulations. While formal THE LIBRARY OF CONGRESS, argue against, not for, the use of the non-re- Washington, DC, June 8, 1994. amendment of the FAR could make these re- curring nature of these costs or the potential From: American Law Division. structuring costs allowable, the argument savings to the Government as reasons for al- Subject: The allowability of restructuring that they are allowable under the current lowing reimbursement. The memo states costs in Federal procurement. regulations appears to contradict their plain that ‘‘the intent of the subject cost principle meaning. This memorandum is furnished in response was to make non-recurring organization to your request of June 2, 1994, for a legal JOHN R. LUCKEY, costs unallowable’’ and quotes the sub- Legislative Attorney. analysis of the position of the Department of committee responsible for the section as FOOTNOTES Defense (DOD) stated in the memorandum of stating: ‘‘The subcommittee does not believe 1 July 21, 1993 * and supported in subsequent that the allowability of organization and re- 1 This memorandum was issued by John M. DOD documents that restructuring costs are organization costs, including merger and ac- Deutch, Under Secretary of Defense Acquisition. 2 See, Defense Contract Audit Agency (DCAA), allowable costs and thus reimbursable under quisition costs, should depend on bene- Federal procurement law. Specifically you Memorandum for Director, Defense Procurement, fits.... the benefits to the government are Analysis Paper on the Allowability of Restructuring normally too remote to form a valid basis for Costs Under FAR 31.205–27, Organization Costs, * Footnotes are at the end of the letter. the allowability of costs.’’ 8 dated June 17, 1993.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8005 3 DCAA, Memorandum for District Commanders, agreement, if Members do not appear Mr. LEVIN. Mr. President, I ask Guidance Paper on Restructuring Costs, dated Janu- ary 14, 1994. to offer their amendments their right unanimous consent that reading of the 4 DCAA Memorandum of June 17, 1993. to offer additional amendments will be amendment be dispensed with. 5 Paragraph (b) exempts the cost of certain activi- extinguished. The PRESIDING OFFICER. Without ties primarily intended to provide compensation Mr. LEVIN. Mr. President, I will objection, it is so ordered. such as employee stack option plans. FAR § 31.205– 27(b). offer an amendment which is a fairly The amendment is as follows: 6 FAR § 31–205–27(a). straightforward amendment to transfer On page 26, line 10, strike out 7 L.K. Anderson, Accounting for Government Con- funds for two F–16’s which the Air ‘‘$6,630,370,000’’ and insert in lieu thereof tracts, § 5.06[10] (1989). Force did not request either in its ‘‘$6,582,370,000’’. 8 DCAA Memorandum of June 17, 1993, See, discus- original budget request or in the so- SEC. 8100. None of the funds appropriated sion of DAR Case 68–153. See also, Dyanalectron under title III of this Act may be obligated Corp., 77–2 B.C.A. 12,835 (Oct. 26, 1977). ¶ called wish list, and to transfer that to or expended for more than six new produc- 9 DCAA Memorandum of January 14, 1994. See, sec- antiterrorism initiatives of the Defense tions entitled Definition of Restructuring Costs and tion F–16 aircraft. Allowability of Restructuring Costs. Department and specifically to a fund SEC. . The $48,000,000 reduction of funds 10 Id. at 4. which was added this morning by an for F–16 aircraft in excess of six new produc- 11 See, Dyanalectron Corp., 77–2 B.C.A. ¶ 12,835 amendment authored by Senator tion aircraft shall be made available for (Oct. 26, 1977). MCCAIN and myself. funding for the emergency anti-terrorism 12 FAR § 42.1204(e), novation agreement paragraph We have a pressing need in the program element established in Sec. 8099 of (b)(7). this Act. 13 Therefore, the cost may not be an organizational antiterrorism area. The number of F– cost under FAR § 31.205–27 for this new provision to 16’s which were funded by the appro- Mr. LEVIN. Mr. President, the Air be effective. Force budget continues to buy F–16’s 14 DCAA Memorandum of Jan. 14, 1994, Novation priations bill exceeds the request of the Agreement Language. Air Force, again, both in its original because the service feels that they need to buy more F–16’s to prevent a force Mr. HARKIN. Mr. President, I yield budget request and in its supplemental structure reduction sometime around my time, and I thank the managers. request, the so-called wish list. The PRESIDING OFFICER. The Sen- Here is the way this is actually work- the turn of the century. But I do not ator yields back his time. The Senator ing, Mr. President. The appropriations see that anyone could really argue that from Alaska has 2 minutes, 22 seconds. bill would add four F–16’s to the Air having a couple more modern F–16’s in Mr. STEVENS. Mr. President, I re- Force’s budget request of four. That is a force structure of more than 1,200 air- gret the disagreement with the Senator a total, then, of eight aircraft. Now, craft is nearly as important as taking from Iowa. It appears to me the process what happened during the Armed Serv- an immediate step to reduce our vul- we are following is one that has been ices Committee consideration of the nerability to terrorist activities. worked out by the authorization com- defense authorization bill was that What this amendment would do mittees, by the Appropriations Com- each of the armed services was asked would be to shift $48 million from air- mittees, and by the administration. It to provide a list of items that they craft that we do not need now, that was is really a nonpartisan area we are would like to have funded by Congress in neither the Air Force budget request dealing with of trying to assure the if more money became available. These nor in its wish list, and instead of survival of the defense industrial base have been described in many ways and spending that $48 million on the addi- and maintain that at the lowest pos- titled in many ways, but the service tional two F–16’s not requested, would sible cost to the taxpayers. wish list is one of the ways they have fund higher priority antiterrorist ac- I do believe they have had some prof- been entitled it, and perhaps they are tivities. We are familiar with a recent its and there are profits that are com- known best by that. report of the Joint Chiefs that show ing back, primarily because they are The Air Force, in its wish list, the that antiterrorism funding in this writing off a lot of losses. They are list of items that it would like to have budget reflects a reduction over the abandoning a lot of buildings, selling if it was given more money than was in past several fiscal years. We have heard buildings at a lot less than they paid the original budget request, asked for that referred to today in an amend- for them. I expect we will see a period two extra F–16’s. That is in the wish ment that was offered by Senator of time where there is some recouping list above the budget request, but the MCCAIN and myself. of losses through tax advantages. That bill before us provided four extra F– These antiterrorist efforts have fall- is another subject. I do think that is 16’s. So there is no urgent requirement en short by some $56 million over this one of the incentives toward the re- for these two extra F–16’s. The Air period. There were mitigating cir- structuring, to try and take the losses Force fighter force structure is fully cumstances that may have led the De- and take advantage of them while protected. Even if we do not add any of fense Department to make these reduc- there is still income from existing con- the four extra F–16’s, the Air Force tions, such as changes in the number of tracts. needs roughly 1,250 F–16’s to protect its bases, completion of construction I can reassure the Senate when we fighter force structure. projects, or other changes. But, surely, are paying 60 percent less than we were We currently own more than 1,800 F- this recent attack in Saudi Arabia 10 years ago for procurement, we are l6 aircraft, including over 260 F–16’s makes it abundantly clear that there is not expanding the industrial base. This that are parked in long-term storage in much more that we should be doing in restructuring is reducing it. It is the desert. Now, while these stored air- our effort to address the terrorism downsizing it. I hope we will end up by craft are not as modern as the brand problem. And those of us that were maintaining what we need. new aircraft that we would buy in this able to be at breakfast with Secretary I move to table the amendment of year’s budget, they would prevent the Perry and General Shalikashvili this the Senator from Iowa, and I ask for Air Force from needing to retire any morning, I think, were given a very de- the yeas and nays. squadrons in the near term because not tailed list of the kind of efforts that we The PRESIDING OFFICER. Is there a enough aircraft would be available. have to make if we are going to truly sufficient second? AMENDMENT NO. 4893 carry the war against terrorism to the There is a sufficient second. (Purpose: To strike out funding for new pro- terrorists. Spending $48 million more The yeas and nays were ordered. duction of F–16 aircraft in excess of six air- for antiterrorism instead of spending it The PRESIDING OFFICER. A vote craft, and to transfer the funding to in- on aircraft that we do not need right will take place at 9:30 tomorrow morn- crease funding for antiterrorism support) now surely makes good sense to me, ing. Mr. LEVIN. Mr. President, I send an and I hope it does to my colleagues, as Under the previous agreement, fur- amendment to the desk and ask for its well. ther amendments to the bill were to be immediate consideration. The amendment that I am offering offered this evening. Are there addi- The PRESIDING OFFICER. The tonight is an amendment that I said I tional amendments? clerk will report. would be offering during the authoriza- Mr. STEVENS. Mr. President, I be- The assistant legislative clerk read tion bill debate. At that time, I indi- lieve there are still some amendments. as follows: cated an interest in trying to remove The PRESIDING OFFICER. The The Senator from Michigan [Mr. LEVIN] from the authorization bill these addi- Chair will mention under the previous proposes an amendment numbered 4893. tional two F–16’s above the original

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8006 CONGRESSIONAL RECORD — SENATE July 17, 1996 budget request in the supplemental gional contingencies being what we storage. We already have more F–16’s wish list of the Air Force. I did not do will plan for. We plan for our ability to than the force structure needs. They it at that time. We were in a great meet two major regional contin- need 1,250 F–16’s to support the current hurry to address the issues in that bill gencies. If we carried out the plans fighter force structure. There are 1,370 at that time, and I did not do it. that were previously approved by the currently available. But given the fact that this is now authorization committee to do so, to But the main point that I want to really the last chance that we will have meet two major regional contin- make here this evening is that the Air to address this issue, and given the cur- gencies, the Air Force would need 114 Force in its budget request asks for rent need to put some resources into more F–16’s. The Air Force is not fully four more—for four F–16’s this year. our antiterrorist activity, I thought supplied with aircraft to meet the Then the Armed Services Committee that this would be an opportune mo- plans to carry out their missions in the submitted to the Air Force, as well as ment to offer an amendment to trans- event of two major regional contin- to the other services, a request. ‘‘If you fer the money from the two F–16’s not gencies. Now, we are trying to move had more money, how would you spend requested by the Air Force into the along in this way as best we can. it?’’ The Air Force came up with al- antiterrorism efforts that the Defense The Senate passed an authorization most a $3 billion wish list. How many Department must engage in. bill that included eight F–16’s. Our F–16’s are on that wish list? Two. How So I offer this amendment in that committee has funded that request many are on the appropriations bill spirit and hope that it commands broad from the Armed Services Committee. extra? Four. At the same time that support in the Senate. We have not added funds for unauthor- there has been criticism of a shortage Mr. STEVENS. Mr. President, I must ized F–16’s. As a matter of fact, if you of antiterrorism funds, and at the same express some surprise at the Senator, want to talk to the budget, we have $10 time that we know we are going to in view of his position on the Armed billion more money in this bill than have to invest more in antiterrorism, Services Committee, and in view of the was requested in the budget, and that we are providing the Air Force in this fact that today we have already, at the is a battle we are going to have to face appropriations bill with eight F–16’s request of Senator MCCAIN and Senator later with the administration to see when the budget request of the Air LEVIN, transferred, subject to author- whether they really want to maintain Force is for four and the wish list ization, $14 million to the Department that figure. would add two to that. of Defense for the purpose of Our bill, I point out once again, is I think we have a greater priority antiterrorism activities. Now, that is $1.2 billion over last year’s bill, but in than to be doing that. I hope that the subject to authorization. terms of actual items covered, last Senate will support the transfer of this The effect of Senator LEVIN’s amend- year we did not fund the contingencies. money from F–16’s that have not been ment now would be to transfer money This year we did fund the contin- requested in either request of the Air that is authorized for F–16’s to more gencies. Force, and to put it into an area where money for the antiterrorism activities, So, if you look at our bill fairly, we we know there is going to be a growing and it is not authorized either. They are below the level of 1996. This bill, de- and critical need. have not received authorization for spite the fact we have increased more I, at this point, ask unanimous con- sent that a letter from Secretary Perry the first $14 million we put up for this than $10 billion over the budget, is less to Senator DASCHLE describing the antiterrorism program. That is not than we are spending now for defense. I money which is going into the even defined yet. It is not defined by think the recent events in Saudi Ara- antiterrorist effort be printed in the the authorization committee or by the bia, the fact that we have troops in Bosnia, and we have the crises that we RECORD. Department. There being no objection, the mate- Now, we did that in the spirit of bi- are facing in the Pacific, God knows. I rial was ordered to be printed in the partisanship and cooperation with the hope we are right. We believe we can RECORD, as follows: Armed Services Committee members. I get by with what we have in this bill. find it very difficult to understand this But I fear for the future of this country THE SECRETARY OF DEFENSE, Washington, DC, July 17, 1996. amendment now, when the Chief of if we are wrong. The Department budgets approxi- Hon. TOM DASCHLE, Staff of the Air Force came to see me, Minority Leader, General Fogleman. He listed to me per- mately $1 billion for military security forces. Antiterrorism is their primary U.S. Senate, sonally, as one of his highest priorities, Washington, DC. getting these F–16’s. The F–16’s—all mission. We have added $14 million to DEAR SENATOR DASCHLE: As you know, last four of them, not just two—really are the $1 billion already budgeted, and the week the Department was sharply criticized our weapons system for cooperation be- Senator wants to add more before there for cutting its budget for anti-terrorism. Cit- is even a plan to spend what we have ing a report by the Joint Staff, critics tween the Air Force and the Army now, claimed that we cut anti-terrorism funding which is the close air support fighter budgeted now. I say, with all good grace, to my by as much as 82% and implied that this con- that works in conjunction with ground friend that I am just surprised at this, tributed to the tragic bombing in Saudi Ara- troops in combat. bia. I think it is critical to correct this I say to my friend from Michigan after we have already agreed to the misperception, put this study in context, and that nowhere in the world can you see amendment that he and Senator explain the Department’s funding for anti- that so vividly as in the joint training MCCAIN already delivered to us on the terrorism. The JCS report was commissioned by my- exercises in my State of Alaska. We subject of antiterrorism. I can just state categorically that I oppose the self and CJCS Shalikashvili following the Ri- use the F–16’s along with our Army yadh bombing. Its purpose was to identify forces there, and army forces from amendment of the Senator from Michi- gan. and assess all of the anti-terrorism pro- throughout the world come to partici- grams, actions and preparedness of the DoD I yield the remainder of my time to pate in the training in my State in and possible areas for additional action. A the Senator from Hawaii. portion of the report did describe some pro- order to develop the ability to really The PRESIDING OFFICER. The Sen- use these new close air support fighter gram funding reductions, specifically the cut ator from Hawaii is recognized. in an Air Force program from $10.6 million in and ground troop accommodations. Mr. INOUYE. Mr. President, Chair- FY 1994 down to $1.9 million in FY 1996—the This is really one of the great things man STEVENS has most adequately ar- 82% cut seized upon by some as evidence on about our Defense Department now. ticulated the position of the sub- lack of attention to anti-terrorism. The re- This is a team. The Air Force and committee, and I join my chairman in port notes, however, that these cuts resulted Army are now a team because of the F– opposing the Levin amendment. from personnel reductions, domestic base l6. I think this is the message General Mr. LEVIN addressed the Chair. closings, completed construction projects or Fogleman brought to us. The PRESIDING OFFICER. The Sen- program completions, and the programs These F–16’s are needed. As a matter themselves were just a minor portion of the ator from Michigan. overall DoD expenditures on anti-terrorism. of fact, we have gone from the concept Mr. LEVIN. Mr. President, I will The reality is that the Department of De- of trying to meet the Soviets anywhere make two brief points. fense spends billions annually on anti-ter- in the world—a worldwide concept of First, to buy more F–16’s now, we are rorism efforts. There are two categories nor- defense to a concept of two major re- going to be parking F–16’s in desert mally associated with Defense activities to

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8007 combat terrorism: anti-terrorism and MORNING BUSINESS ficult circumstances, it was a very suc- counter-terrorism. (During today’s session of the Sen- cessful and informative trip due in Anti-terrorism activities deal with tradi- ate, the following morning business large part to their excellent prepara- tional defensive measures such as barriers, was transacted.) tion and assistance. fences, detection devices and Defense per- Unfortunately for all of us in the sonnel who have as part of their mission pro- f Senate, Colonel Smolen is departing tecting DoD personnel and facilities against Washington for Oklahoma where he the threat of terrorism. The Defense Depart- COLONEL ROBERT L. SMOLEN, U.S. ment spends nearly $2 billion annually on AIR FORCE will be the new Air Base Wing Com- mander at Tinker Air Force Base. I such anti-terrorism activity overall. Tradi- Mr. DASCHLE. Mr. President, as we tionally we have not budgeted anti-terrorism have a great deal of respect and admi- activities in a single program because force debate the fiscal year 1997 Department ration for Colonel Smolen. I know he is protection is part of each individual com- of Defense Appropriations bill, I hope scheduled to leave this week, and be- mander’s responsibility and is therefore my colleagues will take a moment to fore he does, I would like to review budgeted by every installation in, for exam- reflect on the enormous assistance we some of the highlights of his distin- ple, their operation and maintenance ac- receive from the legislative liaison of- guished career in the U.S. Air Force. counts. fices for the various branches of the Bob Smolen began his career in the In the area of counter-terrorism, DoD has Armed Forces. Air Force in 1974 as a graduate of the many programs and activities which are The men and women who serve in the Air Force Reserve Officers’ Training more often associated with proactive activi- Air Force, Army, Navy and Marine Program at Allegheny College in Mead- ties undertaken to neutralize the terrorist Corps legislative liaison offices are a threat or respond to terrorist acts. All com- ville, PA. In what I would argue may batant forces in Defense potentially have as valuable link between Members of Con- have been his best assignment, he part of their mission a counter-terrorism gress and the Pentagon. These offices served at Ellsworth Air Force Base as function; however, these activities are more give us with the Pentagon’s views on an Airborne Missile Operations Officer commonly associated with special operations defense bills and specific amendments in the 4th Airborne Command Control forces, which have annual budgets in excess being considered on the Senate and Squadron’s 28th Bomber Wing from of $3 billion. Further, that amount is in addi- House floors. They also provide timely January 1977 to March 1979. tion to the considerable sums spent from our answers to our questions and help edu- Since then, Bob Smolen has served in intelligence portion of the budget to counter cate us on a variety of defense issues. a number of capacities for the Air terrorism. Moreover, they are instrumental in no- Force in the United States and around The JCS report did fault DoD procedures tifying us about actions affecting mili- the world. He served as an aide to the for funding unanticipated contingencies, and Commander in Chief of the North urged the establishment of a special annual tary installations or activities in our contingency fund for anti-terrorism emer- States or districts. American Aerospace Defense Command gencies. Currently, when a crisis emerges, we South Dakota is the proud home to in Colorado Springs, CO. He also served have to put together a special team and bor- Ellsworth Air Force Base and the B–1B in Washington before as a Congres- row funds from other accounts. The JCS re- bomber. As I have worked to promote sional Liaison Officer and Special As- port argued that we needed a separate con- Ellsworth and the B–1 over the years, I sistant to the Director of the Legisla- tingency account, controlled centrally by have had the opportunity to get to tive Liaison Division in the Office of OSD. I accepted that recommendation and know many of the fine men and women the Secretary in the early 1980’s. directed the Comptroller to proceed accord- Bob Smolen has also been a squadron ingly. who serve in the Air Force’s Legisla- tive Liaison offices. I must say that and deputy air base commander. He It is unfortunate that a minuscule portion served as the Deputy Commander for of the JCS review is now being used to draw Maj. Gen. Normand E. Lezy, the Direc- tor of the Air Force’s Legislative Liai- the 12th Air Base Group in Randolph wider, and inappropriate, conclusions in Air Force Base in Texas from October light of the Dhahran bombing. I have con- son Office and Brig. Gen. Lansford E. cluded, however, that the Department does Trapp, Jr., the Deputy Director, and 1989 to August 1991. He also served as need more systematic insight and control their staff at the Pentagon, have been the Commander of the 750th Support over its widely-dispersed anti-terrorism and understanding, responsive and fair. Squadron at Onizuka Air Force Base in counter-terrorism efforts. That could very The Air Force Legislative Liaison California. In addition, he was the com- well mean a reassignment of priorities and staff located in the Russell Building mander of the 51st Support Group at additional funding to reflect that reassign- Osan Air Base in the Republic of Korea ment. To this end, the Defense appropria- has also been very helpful to me on a number of matters that my staff and I from May 1993 to June 1995. tions floor amendment proposed by Senators After returning to the United States, have brought to their attention. They, McCain and Levin providing targeted anti- Colonel Smolen served as the Chief of too, perform a tremendous service for terrorism spending can help facilitate this the Inquiry Division of the Air Force effort. Further, I have specifically directed the Air Force and the U.S. Senate. Al- Office of Legislative Liaison from July that Deputy Secretary John White head up a though we may at times take their as- comprehensive effort for systematic pro- 1995 to September 1995. Since then, he sistance for granted, I know all my col- has been the Chief of the Air Force’s gramming and budgeting in this area. I will leagues truly appreciate their hard keep you and all members of Congress in- Senate Liaison Office. formed of our plans as they unfold. work and dedication. Knowing of Colonel Smolen’s pre- Sincerely, I have been particularly impressed by vious assignments here and abroad, I WILLIAM J. PERRY. Col. Robert L. Smolen, the Chief of the am confident the Air Force made the Air Force’s Senate Liaison Office. right decision in selecting him to be Mr. STEVENS. Mr. President, is Colonel Smolen is an extraordinarily there a time limit? the new 72nd Air Base Wing Com- gifted and dedicated officer whose mili- mander at Tinker Air Force Base. I The PRESIDING OFFICER. There is tary experiences in the United States congratulate him on his new assign- a time limit on this amendment. and the Republic of Korea have made ment and wish him, his wife Adriane, Mr. STEVENS. Mr. President, I am him an enormous asset to the Air and their three children the very best. Force’s Legislative Liaison Office. Dur- constrained to say that if the Senator’s f amendment were to be adopted, our bill ing the past year, I have had the oppor- would be subject to a point of order. I tunity to work with and get to know S. 1936—THE NUCLEAR WASTE hope that will not happen. So I move to Colonel Smolen. He has been very help- POLICY ACT table the Senator’s amendment, and I ful to me and to many of my colleagues Mr. KYL. Mr. President, I appreciate ask for the yeas and nays. in the Senate. the opportunity to discuss an issue of The PRESIDING OFFICER. Is there a Earlier this year, for instance, he de- great importance to the State of Ari- sufficient second? voted a great deal of time to arranging zona and the Nation. As you may a congressional delegation trip for me, know, Arizona is home to the Palo There is a sufficient second. Senator HATCH and Senator REID. Gen- Verde Nuclear Generating Station, the The yeas and nays were ordered. eral Trapp and Colonel Smolen gra- Nation’s largest nuclear power plant. The PRESIDING OFFICER. The vote ciously accompanied us on our trip to Palo Verde’s three 1,270 megawatt pres- will follow the Harkin amendment. the former Yugoslavia. Despite dif- surized water reactors serve more than

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8008 CONGRESSIONAL RECORD — SENATE July 17, 1996 4 million customers in Arizona, Cali- mercial and defense waste. Under this The bill has been successful in gain- fornia, New Mexico, and Texas. This fa- legislation, the Department of Energy ing bipartisan support, as evidenced by cility is not only effective and efficient has an obligation to provide safe, cen- the cloture vote of 65 to 34 on July 16. for customers in those States; it serves tralized storage for the Nation’s spent I believe that the changes made are as an example for other plants across fuel. In return, electricity consumers reasonable and will go a long way to- the country. In 1987, Palo Verde was se- would finance this program by paying a ward reaching agreement with the lected to receive the Outstanding Engi- few additional cents on their monthly House bill. Just as important, Senator neering Achievement Award, the Na- electric bills, the so-called 1 mill per BENNETT JOHNSTON, the ranking mem- tion’s highest engineering honor from kilowatt charge. Since 1982, electricity ber on the Energy Committee, has the National Society of Professional consumers have paid billions of dollars agreed to cosponsor S. 1936 and has Engineers and in 1995, received an into the nuclear waste fund. Including sent a letter to the White House, urg- INPO 1 rating—the highest rating for interest, their contributions come to ing the President to reconsider his pre- excellence by the Institute of Nuclear over $11 billion. Consumers in the vious veto statement. As Senator Power Operations. I am also pleased to southwestern states served by Palo JOHNSTON points out in his July 11 let- announce that just last week, the Nu- Verde have paid in over $175 million. ter to President Clinton: clear Regulatory Commission issued its Unfortunately, significant progress Nuclear waste has never been a partisan ‘‘Systematic Assessment of Licensee toward long-term storage has not been issue. While the current law was signed by a Performance,’’ or SALP report, for made. Although characterization and Republican president, it has its roots in the Palo Verde. In three categories—oper- viability assessments are underway at Carter administration. It was passed by a ations, maintenance and engineering— Yucca Mountain, NV, the proposed site Democratic House and a Republican Senate and amended by a Democratic House and a Palo Verde received a Category 1 rat- of the permanent repository, the Fed- Democratic Senate, with broad bipartisan ing, reflecting superior safety perform- eral Government is not now ready to support. It would be a terrible, terrible mis- ance. Let me quote the NRC in a July accept high level waste. And absent ex- take to make it a partisan issue now. 5 letter to Arizona Public Service, Palo traordinary actions by DOE, it will not Continuing in this bipartisan tradi- Verde’s operator: ‘‘It is clear that Ari- be ready any time soon—certainly not tion is S. 1936, which amends the Nu- zona Public Service has established the by the 1998 deadline. DOE has already clear Waste Policy Act of 1982. Intro- programs and processes necessary to conceded that the permanent reposi- duced July 9 by Senators LARRY CRAIG achieve and sustain superior perform- tory could not possibly be ready before and FRANK MURKOWSKI, it retains the ance. Management attention is evident 2010. Compounding the problem, DOE fundamental principles of S. 1271, at all levels.’’ I commend Palo Verde has not even begun the basic planning which passed Energy Committee in for its outstanding performance. These required for an interim facility. March. S. 1936 would develop an inte- are achievements to be proud of. Failing to meet the deadline in 1998 grated management system for used Palo Verde also deserves awards for is deplorable but it seems it is unavoid- nuclear fuel from commercial nuclear its low impact on the environment. Be- able. The consequences for some utili- power plants and for high-level radio- cause it uses uranium as fuel, Palo ties could be devastating. Some could active materials from defense activi- Verde has saved the earth 51 million be forced to shut down. If those 23 ties, all of which is now stored in 41 tons of coal; 12 million barrels of oil; plants that run out of storage space in States. and 272 billion cubic feet of natural 3 years were to shut down, America CENTRAL INTERIM STORAGE gas. By avoiding fossil fuels, Palo would lose enough power for nearly 11 Under S. 1936, construction of an in- Verde avoided disseminating 2 million million people—power that doesn’t re- terim facility could begin December 31, tons of sulfur oxide, also known as acid sult in air pollution. 1998. If the President determines by rain, 40 million tons of carbon dioxide, Another option for plants would be that date that Yucca Mountain is not a and 700 thousand tons of nitrogen ox- for these utilities to build additional suitable site for a permanent reposi- ides. In addition, Palo Verde contrib- on-site storage. This would cost tens of tory, an alternate interim storage site utes to the local environment in Phoe- millions of dollars—money that would may be chosen. An alternate storage nix by recycling 40,000 gallons of mu- come from the pocketbooks of elec- site must be selected by the President nicipal effluent per minute. tricity customers. Those same con- by June 30, 2000, and Congress must ap- All of these benefits do not come sumers who have already paid so many prove construction at that alternate without some cost, of course. Palo billions of dollars to the Government site by December 31, 2000. If those mile- Verde, like nuclear plants all over the for spent fuel storage would be forced stones are not met, an interim storage world, produces high-level radioactive to pay twice for the same service. Offi- facility will be built at the Nevada waste, in the form of spent fuel rods, cials at Palo Verde estimate that their Test Site. This provision is significant that must be disposed of in an environ- initial capital costs and licensing for because it ensures that the construc- mentally sound manner. Currently, new on-site storage would be in the tion of an interim storage facility at these rods are stored on-site, in cooling neighborhood of $20 million with an- the Yucca Mountain site will not occur ponds. This storage, as is the case at so nual monitoring expenditures of about before the President and Congress have many other plants, was designed to be $10 million. had an ample opportunity to review temporary. Palo Verde cannot accom- To remedy this inequity, along with the technical assessment of the suit- modate all the spent fuel that it will several other Senators, including Sen- ability of the Yucca Mountain site for produce in its lifetime. Palo Verde, and ators CRAIG and MURKOWSKI, I intro- a permanent repository and to des- other nuclear plants across the coun- duced S. 1271, the Nuclear Waste Policy ignate an alternative site for interim try, relied on the commitment by the Act of 1995. This bill proposes an in- storage based upon that technical in- United States Government to begin terim storage facility at the Nevada formation. This provision of S. 1936, in taking spent fuel by 1998. By that year, Test Site near Yucca Mountain and effect, de-links permanent and interim 26 U.S. reactors will exhaust existing would enable the Government to meet storage. This linkage was a criticism of spent fuel storage capacity. Fuel man- its obligation to begin accepting spent S. 1271 which would have allowed con- agers at Palo Verde estimate that the fuel and defense waste in 1998. This bill struction of an interim storage facility three reactors will lose the ability to passed out of the Energy Committee in on October 1, 1998. S. 1936 provides time discharge the entirety of their cores in March of this year. Just last week, to determine if Yucca Mountain is a 2004. Senators CRAIG and MURKOWSKI intro- viable site for a permanent repository For years, we have debated what to duced S. 1936, the Nuclear Waste Policy before building an interim site in Ne- do with the spent fuel rods from com- Act of 1996, in an attempt to address a vada. If it is not, S. 1936, again, pro- mercial reactors as well as high-level number of concerns that had been ex- vides the option for finding an alter- defense waste. In 1982, Congress made a pressed with respect to S. 1271. The new nate interim storage site. commitment to the American people to bill was also drafted to broaden the bi- RATEPAYER FUNDING OF THE WASTE DISPOSAL take the waste. The Nuclear Waste Pol- partisan support for this important PROGRAM icy Act laid the groundwork to develop legislation. I am pleased to co-sponsor S. 1936 ensures that funds are avail- storage and disposal facilities for com- this new legislation. able for the program when needed. The

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8009 bill continues electricity customers’ system and emergency response per- found in the Hazardous Materials payments into the Waste Fund at the sonnel. Transportation Act. rate of 1 mill per kilowatt-hour, or NATIONAL ENVIRONMENTAL POLICY ACT AND AMOUNTS TO BE SHIPPED about $600 million per year, until Sep- PREEMPTION Radioactive materials currently ac- tember 30, 2020. After that date, the S. 1936 requires that DOE conduct an count for about 3 percent of the 100 program will be funded by a user fee, environmental impact statement for li- million packages of hazardous mate- which will be capped at 1 mill. The bill censing both the interim spent fuel rials shipped each year in the United also requires that all one-time fees storage facility and the permanent re- States. Of those 3 million radioactive owed by utilities for spent fuel gen- pository. Environmental reviews are packages, fewer than 100 contain high- erated before 1983 be paid by September also required for the intermodal trans- level radioactive waste. The number of 30, 2020 and imposes a penalty on utili- fer facility. S. 1936, far from overriding spent fuel shipments will increase to ties that fail to pay the one-time fee. all State and local laws, actually ex- about 300 to 500 per year by the turn of In S. 1271, the 1 mill fee would have pands jurisdiction of all applicable the century, when the DOE is expected continued indefinitely. One-time fees Federal, State, and local and tribal to begin accepting high-level radio- would have been paid when DOE ful- laws. The only time Federal law would active waste at a central storage facil- filled its contractual obligation to override, or preempt, State or local law ity. Even then, high-level radioactive begin taking waste in 1998. is when these are patently unreason- waste will comprise a small percentage S. 1936 ensures that electricity cus- able as would be the case if a State of all hazardous material shipments. tomers’ deposits of about $12 billion to passed a law declaring illegal the pas- During the past 30 years, the com- the Federal Nuclear Waste Fund are sage of nuclear waste through it. Such mercial nuclear industry has built a made available as needed for the nu- laws as this, which would be an insu- solid safety record during more than clear waste management program, and perable obstacle to carrying our S. 2,400 shipments of spent fuel over U.S. that the monies are spent for their in- 1936, would be preempted. This is in highways and railroads. During this tended purpose. contrast to S. 1271, which said the stor- Both bills assure continued funding time, no fatalities, injuries or environ- age facility would be governed solely for the nuclear waste management pro- mental damage have been caused by by the Nuclear Waste Policy Act, gram. S. 1936 resolves budget issues re- the radioactive nature of the cargo. Atomic Energy Act, and the Hazardous lating to ‘‘PAY-GO’’ and assures that Spent nuclear fuel is placed in dry, rug- Material Transportation Act, to the ex- funds are made available to the pro- ged containers for shipment. These spe- clusion of all laws below the Federal gram, and not used to offset the budget cially designed containers—certified by level. S. 1936 takes into account an ex- deficit. the NRC—use heavy steel-walled tech- panded universe of Federal, State, and nology to safely confine radioactive INTERIM STORAGE CAPACITY local and tribal laws, while ensuring Both bills establish a two phase ap- materials. that the program is not obstructed. proach for acceptance of waste at the Because of the strict controls by central facility to encourage timely LOCAL RELATIONS DOE, NRC and other State and Federal completion of the permanent reposi- S. 1936 restores financial assistance agencies, utilities and other U.S. com- tory, without burdening nuclear power to Nevada’s local governments and to panies have a long history of safe spent plants, many of which are rapidly run- tribes, and it provides land transfers to fuel transportation. Spent fuel has ning out of on-site storage capacity. Nye and Lincoln Counties, and the city been shipped from temporary storage Under S. 1936, spent fuel acceptance in of Caliente. The bill’s affected areas facilities at West Valley, NY and Mor- Phase I would begin November 30, 1999, see the land transfer provision as at- ris, IL, back to utilities; from the and the facility capacity would be tractive, since the vast majority of Ne- Three Mile Island plant to the Idaho capped at 15,000 metric tons. Phase I vada land is government owned. S. 1936 National Engineering Laboratory; and under S. 1271 would have begun on the provides equitable treatment for Ne- from the Hope Creek nuclear power same date, with a 20,000 MTU capacity. vada’s local governments and tribes. plant in New Jersey to a General Elec- Under S. 1936, Phase II begins by De- TRANSPORTATION tric facility in California. cember 2, 2002. The storage capacity The Federal Government must plan DESIGNATION OF TRANSPORTATION ROUTES would increase to 40,000 MTU. However, today to ensure its ability to transport Spent fuel can be shipped only along a provision in S. 1936 would increase spent nuclear fuel from commercial nu- specified rail and highway routes. The the capacity cap to 60,000 MTU if DOE clear power plants to a central storage routes will be selected by the DOE, but fails to complete the Yucca Mountain facility beginning in 1999. The Energy States participate in the designation viability assessment by June 30, 1998, Department is responsible for trans- process. Eleven States have registered or if it fails to submit a repository li- porting spent nuclear fuel to a central preferred routes for transportation of cense application by February 1, 2002, storage facility and repository. S. 1936 high-level radioactive materials. S. or it fails to begin repository operation instructs DOE to use private contrac- 1936 requires DOE to adhere to NRC by January 17, 2010. Phase II in S. 1271 tors to the fullest extent possible in regulations requiring advance notifica- would have also begun by December 31, each aspect of the transportation net- tion of State and local governments 2002, but with a 100,000 MTU capacity. work. Spent fuel must be transported prior to transportation of spent fuel. S. 1936 provides storage capacity from nuclear power plants to an in- For those shipments that will be through 2019 and maintains pressure to terim storage facility in containers transported by truck, most of the des- complete construction of a repository certified by the Nuclear Regulatory ignated routes travel along interstate by 2010. Commission. DOE selects transpor- highways and bypasses—not through TRANSPORTATION tation routes for spent fuel shipments major cities and towns. However, Like S. 1271, S. 1936 designated to Nevada, and the agency must notify States may propose alternatives to the Caliente, NV, as an intermodal transfer States along the transportation routes interstate highway system. Potentially point and provides for heavy haul in advance of spent fuel shipments. As affected States must be consulted in truck transfer to the Nevada Test Site. mentioned, the containers would be the designation of alternative routes. S. 1936 clarifies that transporting spent transferred at an intermodal facility at Shippers must file a written route plan nuclear fuel will be governed by all Caliente, NV and shipped by heavy with the NRC, including the origin-des- Federal, State, and local requirements haul truck over the final 120 miles to tination of the shipment, routes, to the same extent as anyone engaging the central storage facility. planned stops, estimated arrival times in interstate transportation. S. 1936 The bill also provides technical as- at each stop, and emergency telephone also contains more stringent require- sistance to States, local governments numbers in each State the shipment ments for promulgating employee safe- and Indian tribes for training in proce- will enter. ty rules, provides greater detail in dures required for routine transpor- PROTECTION OF PUBLIC HEALTH AND SAFETY transportation requirements, and pro- tation and in emergency response. The DURING SHIPMENTS vides training for workers in all phases transportation provisions in S. 1936 are Federal regulations for transporting of the integrated waste management consistent with preemption authority radioactive material ensure that the

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8010 CONGRESSIONAL RECORD — SENATE July 17, 1996 public and the environment are pro- TERRORISM energy supplies over 40 percent of all tected from dangerous releases of ra- Terrorism has been given consider- the new electricity required by the dioactivity. Three Federal agencies able attention in the planning, proce- American people since 1973. Our nu- each play a key role in the safe trans- dures and regulation of spent fuel clear power plants will also make the fer of radioactive materials from nu- transportation. It is highly unlikely largest contribution of any technology clear power plants to a central storage that a terrorist would have the oppor- toward meeting the Administration’s facility. The DOE is responsible for ac- tunity, the equipment, or the required year 2000 goals for reducing greenhouse cepting, transporting, storing and dis- expertise to sufficiently damage a gas emissions. posing of spent fuel from nuclear power spent nuclear fuel container to cause a Whether we build new nuclear power plants. The DOT regulates highway radiation release. plants in the future or not, we must routing, packaging, labeling, shipping Points of origin, schedule, route, and deal responsibly with the nuclear fuel papers, personnel training, loading and mode of transportation are known only produced by our currently operating unloading, handling and storage, as by a core group of Federal and State plants. We must also deal with the de- well as transportation vehicle require- government officials. Special devices fense waste that this Nation has pro- ments. The NRC regulates container on vehicles, sophisticated satellite duced. S. 1936 is good policy and rep- design and manufacturing to ensure tracking, and armed security through resents a safe, responsible solution that containers maintain their integ- populated areas will be employed to that enjoys strong bipartisan support. rity under routine transportation con- deter terrorist threats. ditions and during severe accidents. S. Tests by Sandia National Labora- f tories evaluated the possibility of a 1936 requires that containers for nu- terrorist attack. For security reasons, TRIBUTE TO LTG ROBERT L. ORD clear fuel transport be licensed by the much of this information is classified; III NRC. The agency also examines ship- however, we do know that, for testing ping routes to ensure the security of Mr. INOUYE. Mr. President, today I purposes, a container was subjected to spent fuel shipments. wish to congratulate and pay tribute to a device 30 times more powerful than a a great American leader, statesman According to NRC regulations, the typical anti-tank weapon. This test and soldier. Lt. Gen. Robert L. Ord, III, radiation level of containers during was conducted in a carefully controlled Commanding General of the U.S. shipment cannot exceed 10 millirem environment and resulted in a one- Army, Pacific (USARPAC) will retire per hour at a distance of 6 feet from fourth of an inch in diameter hole on July 31, 1996 after more than 34 the truck. At this level, a person who through the primary containment wall. years of dedicated service to our nation spends 30 minutes standing 6 feet away The NRC estimates that even a device and our Army. from the vehicle carrying radioactive this powerful would have caused a re- A native of Medford Lakes, NJ, Lieu- materials would receive 5 millirem of lease of less than 10 grams of spent tenant General Ord graduated from the radiation. By comparison, the average fuel. U.S. Military Academy at West Point person receives about 300 millirem each THE 100 MILLIREM STANDARD in 1962 and was commissioned as a sec- year from natural background radi- ond lieutenant of Infantry. Over the ation. S. 1936 establishes a 100 millirem standard for release of radioactivity course of the next three decades, he ACCIDENTS from the repository as a maximum an- served our country honorably and Between 1971 and 1989, seven acci- nual dose to an average member of the faithfully in a variety of exceptionally dents occurred involving transpor- general population in the vicinity of challenging troop and staff assign- tation of spent nuclear fuel. None Yucca Mountain. This standard is con- ments in the United States, Vietnam, caused any release of radioactivity. sistent with current national and and Korea. The most severe of these accidents oc- international standards designed to A leader in both peace and war, he curred in 1971 in Tennessee. A tractor- protect the public health and safety has commanded at every level from trailer carrying a 25-ton spent fuel and the environment. S. 1936 also platoon to division and Army major shipping container swerved to avoid a would allow the NRC to establish an- command. Lieutenant General Ord head-on collision, went out of control other standard if it finds that the 100 commanded a rifle company in Viet- and overturned. The trailer, with the millirem level would pose an unreason- nam and the 2d Battalion, 1st Infantry container still attached, broke free of able risk to the health and safety of Training Brigade at Fort Benning, Ga. the tractor and skidded into a rain- Nevadans. Following graduation from the Army filled ditch. The container suffered CONCLUSION War College in 1980, he served as the minor damage, but did not release any In sum, I believe that S. 1936 is an ef- Operations Officer, Chief of Staff, and radioactive material. fective short-term solution to our nu- Commander of the 9th Infantry Regi- LOCAL RESPONSE-TRAINING clear waste disposal, for both commer- ment, 7th Infantry Division (Light) at The Federal Government provides cial and defense waste. A central in- Ford Ord, CA. He then served in the training and other assistance to the terim storage facility is both environ- Pentagon as the Executive Officer to States so they may adequately respond mentally and economically sound. To the Army’s Deputy Chief of Staff for in the event of an accident. Under ex- me, the choice seems clear. Why leave Personnel followed by promotion to isting law and S. 1936, DOE provides nuclear waste scattered throughout the brigadier general and assignment in funding from the Federal Nuclear country in various sites when it can be Korea as Chief of Staff of the United Waste Fund to train State and local of- safely transferred and stored in one States-Korea Combined Field Army. ficials and tribal emergency rescue central site? A single storage site is Subsequently, he returned to Fort Ord workers and to develop emergency re- clearly the pro-environmental option. as Assistant Division Commander of sponse and preparedness plans. S. 1936 Interim storage at a central Federal the 7th Infantry Division (Light), also required the Secretary of Trans- site enhances safety and efficiency in where he participated in Operation portation to establish training stand- the management of spent fuel. In addi- Just Cause in Panama, followed by ards applicable to workers directly in- tion to the environmental benefits, Command of the U.S. Total Army Per- volved in the removal, transportation, central storage is significantly more sonnel Command in Washington, DC. interim storage, and disposal of high- cost-effective for electricity customers. From February 1992 until September level radioactive waste. Storing used fuel at a central interim 1993, Lieutenant General Ord served as The DOE operates a Radiological As- storage facility would save consumers the commanding general of the 25th In- sistance Program, with eight regional $4.3 billion if the facility is operating fantry Division (Light) and the United offices staffed with experts available by 2000 and a repository begins accept- States Army, Hawaii where his relent- for immediate assistance. If necessary, ing spent fuel in 2010. less pursuit of excellence and focus on police will summon those experts to America’s 110 nuclear power plants mission training placed the 25th Infan- handle the transportation package and are this Nation’s second largest source try Division (Light) on the cutting remove any radioactive material that of electricity, constituting about 20 edge of combat readiness. Through his may have been released. percent of our electric power. Nuclear innovative, aggressive and creative

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8011 leadership, the 25th Infantry Division as a U.S. Senator from North Carolina. Anybody else interested in restoring (Light) and United States Army, Ha- I remember well the exact time that domestic production of oil—by U.S. waii became fully integrated, modern- the announcement was made and how producers using American workers? ized, manned and equipped forces capa- stunned I was. Politicians had better ponder the eco- ble of exceptional tactical mobility, It had never really occurred to me nomic calamity sure to occur in Amer- lethality and versatility. that I would be the first Republican in ica if and when foreign producers shut As Commanding General, United history to be elected by the people of off our supply—or double the already States Army, Pacific, Fort Shafter, North Carolina to the U.S. Senate. enormous cost of imported oil flowing HA, from November 1993 to June 1996, When I got over my astonishment, I into the United States—now 7,300,000 Lieutenant General Ord has been the thought about a lot of things. And I barrels a day. consummate statesman and ambas- made some commitments to myself one f sador for the United States throughout of which was that I would never fail to the Pacific. He has utilized his vast see a young person, or a group of young MESSAGES FROM THE PRESIDENT diplomatic skills with senior leaders people, who wanted to see me. Messages from the President of the from over 37 countries of the Asia-Pa- I have kept that commitment and it United States were communicated to cific region to win friends and influ- has proved enormously meaningful to the Senate by Mr. Thomas, one of his ence foreign governments; thereby, me because I have been inspired by the secretaries. broadening the prestige of the U.S. estimated 60,000 young people with EXECUTIVE MESSAGES REFERRED Army and deterring hostile action from whom I have visited during the 23 years As in executive session the Presiding potential adversaries. Through his in- I have been in the Senate. Officer laid before the Senate messages A large percentage of them are great- sightful guidance and visionary leader- from the President of the United ly concerned about the total Federal ship, he has redefined the future of the States submitting sundry nominations debt which back in February exceeded Army in the Pacific and made dra- which were referred to the Committee $5 trillion for the first time in history. matic progress toward its ‘‘end-state’’ on Armed Services. Congress created this monstrous debt with alignment and restructuring of (The nominations received today are which coming generations will have to apportioned Army forces. printed at the end of the Senate pro- Throughout his career, Lieutenant pay. ceedings.) General Ord has demonstrated a deep Mr. President, the young people who and personal concern for soldiers, visit with me almost always are in- f Army civilians, retirees, and their fam- clined to discuss the fact that under REPORT OF THE PRESIDENT’S AD- ilies that has earned him a reputation the U.S. Constitution, no President can VISORY BOARD ON ARMS PRO- as a commander who would spare no ef- spend a dime of Federal money that LIFERATION POLICY—MESSAGE fort to ensure that their needs were has not first been authorized and ap- FROM THE PRESIDENT—PM 160 met. His extraordinary leadership and propriated by both the House and Sen- brilliant statesmanship have signifi- ate of the United States. The PRESIDING OFFICER laid be- cantly enhanced the vital national se- That is why I began making these fore the Senate the following message curity interests of the United States daily reports to the Senate on Feb- from the President of the United and were the driving force behind pre- ruary 25, 1992. I decided that it was im- States, together with an accompanying paring America’s Army in the Pacific portant that a daily record be made of report; which was referred to the Com- for the 21st Century. With resolute the precise size of the Federal debt mittee on Armed Services. commitment and dedication, he has ac- which, at the close of business yester- To the Congress of the United States: complished the Army’s most chal- day, Tuesday, July 16, 1996, stood at As required by section 1601(d) of Pub- lenging tasks of downsizing, reorga- $5,158,429,724,926.15. On a per capita lic Law 103–160 (the ‘‘Act’’), I transmit nizing and streamlining while main- basis, the existing Federal debt herewith the report of the President’s taining exceptional combat readiness amounts to $19,442.95 for every man, Advisory Board on Arms Proliferation and quality of life in his forces. woman, and child in America on a per Policy. The Board was established by Lieutenant General Ord’s career has capita basis. Executive Order 12946 (January 20, been the epitome of selfless service to The increase in the national debt in 1995), pursuant to section 1601(c) of the our nation and the quintessential ex- the 24 hours since my report yester- Act. ample of all we could hope our military day—which identified the total Federal WILLIAM J. CLINTON. leaders to be. And through the decades debt as of close of business on Monday, THE WHITE HOUSE, July 17, 1996. of service and sacrifice, he has been July 15, 1996—shows an increase of f supported by a loving family. The Na- more than $2 billion—$2,116,065,511.60, tion shares Lieutenant General Ord to be exact. That 1-day increase alone REPORT CONCERNING THE EMI- with his wife Gail, their daughters is enough to match the total amount GRATION LAWS AND POLICIES Traci and Ginger, and grandchildren needed to pay the college tuitions for OF THE REPUBLIC OF BUL- Mariah and Zachary. They too have each of the 313,770 students for 4 years. GARIA—MESSAGE FROM THE served our country, supporting in f PRESIDENT—PM 161 countless ways the career of this dedi- FOREIGN OIL CONSUMED BY THE The PRESIDING OFFICER laid be- cated soldier and statesman. UNITED STATES? HERE’S THE fore the Senate the following message Lieutenant General Ord, a consum- WEEKLY BOX SCORE from the President of the United mate professional, a loyal servant of States, together with an accompanying Mr. HELMS. Mr. President, the the Constitution, a leader of dem- report; which was referred to the Com- American Petroleum Institute reports onstrated moral and physical vigor and mittee on Finance. courage—on behalf of the Congress of that for the week ending July 12, the the United States and the people we United States imported 7,300,000 barrels To the Congress of the United States: represent, I offer our heartfelt appre- of oil each day, 800,000 barrels less than On June 3, 1993, I determined and re- ciation and sincere thanks to you and the 8,100,000 barrels imported during ported to the Congress that Bulgaria is your family for your selfless and dedi- the same week a year ago. in full compliance with the freedom of cated service. Mahalo, aloha and best Americans relied on foreign oil for 53 emigration criteria of sections 402 and wishes for a bright and happy future. percent of their needs last week, and 409 of the Trade Act of 1974. This action f there are no signs that this upward spi- allowed for the continuation of most- ral will abate. Before the Persian Gulf favored-nation (MFN) status for Bul- THE VERY BAD DEBT BOXSCORE War, the United States obtained about garia and certain other activities with- Mr. HELMS. Mr. President, I think 45 percent of its oil supply from foreign out the requirement of a waiver. so often of that November evening long countries. During the Arab oil embargo As required by law, I am submitting ago in 1972 when the television net- in the 1970’s, foreign oil accounted for an updated report to the Congress con- works reported that I had been elected only 35 percent of America’s oil supply. cerning emigration laws and policies of

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8012 CONGRESSIONAL RECORD — SENATE July 17, 1996 the Republic of Bulgaria. The report H.R. 361. An act to provide authority to Officer, Pension Benefit Guaranty Corpora- indicates continued Bulgarian compli- control exports, and for other purposes. tion, transmitting, pursuant to law, the re- ance with U.S. and international stand- f port of a rule entitled ‘‘Allocation of Assets in Single-Employer Plans,’’ received on July ards in the area of emigration policy. MEASURES REFERRED 11, 1996; to the Committee on Labor and WILLIAM J. CLINTON. The following bills were read the first Human Resources. THE WHITE HOUSE, July 17, 1996. EC–3412. A communication from the Acting and second times by unanimous con- f Deputy Executive Director, Pension Benefit sent and referred as indicated: Guaranty Corporation, transmitting, pursu- MESSAGES FROM THE HOUSE H.R. 2001. An act for the relief of Norton R. ant to law, the report of a rule entitled ‘‘Re- ENROLLED BILL SIGNED Girault; to the Committee on the Judiciary. organization, Renumbering, and Reinvention H.R. 3458. An act to increase, effective as of At 12:07 p.m., a message from the of Regulations,’’ (RIN1212–AA75) received on December 1, 1996, the rates of compensation July 9, 1996; to the Committee on Labor and House of Representatives, delivered by for veterans with service-connected disabil- Human Resources. Mr. Hays, one of its reading clerks, an- ities and the rates of dependency and indem- EC–3413. A communication from the Gen- nounced that the Speaker has signed nity compensation for the survivors of cer- eral Counsel of the Navy, transmitting, a the following enrolled bill: tain disabled veterans; to the Committee on draft of proposed legislation to amend sec- H.R. 248. An act to amend the Public Veterans Affairs. tion 329 of the Immigration and Nationality Health Service Act to provide for the con- H.R. 3643. An act to amend title 38, United Act; to the Committee on the Judiciary. EC–3414. A communication from the Assist- duct of expanded studies and the establish- States Code, to extend through December 31, ant Secretary for Employment and Training, ment of innovative programs with respect to 1998, the period during which the Secretary Department of Labor, transmitting, pursu- traumatic brain injury, and for other pur- of Veterans Affairs is authorized to provide ant to law, the rule entitled ‘‘Attestations poses. priority health care to certain veterans who were exposed to Agent Orange or who served by Employers Using Alien Crewmember for The message also announced that the in the Persian Gulf War and to make such Longshore Work in U.S. Ports,’’ (RIN1205– House has passed the following bills, authority permanent in the case of certain AB03) received on July 8, 1996; to the Com- without amendment: veterans exposed to ionizing radiation, and mittee on the Judiciary. EC–3415. A communication from the Chair- S. 966. An act for the relief of Nathan C. for other purposes; to the Committee on Vet- man of the Council of the District of Colum- Vance, and for other purposes. erans Affairs. bia, transmitting, pursuant to law, a report S. 1899. An act entitled the ‘‘Mollie Beattie H.R. 3673. An act to amend title 38, United relative to the Sport Commission Conflict of Wilderness Area Act. States Code, to revise and improve certain veterans programs and benefits, to authorize Interest Amendment Act of 1996; to the Com- The message further announced that the American Battle Monuments Commis- mittee on Government Affairs. EC–3416. A communication from the Chair- the House has passed the following sion to enter into arrangements for the re- man of the Council of the District of Colum- bills, in which it requests the concur- pair and long-term maintenance of war me- bia, transmitting, pursuant to law, a report rence of the Senate: morials for which the Commission assumes relative to the Mutual Holding Company Act responsibility, and for other purposes; to the H.R. 1975. An act to improve the manage- of 1996; to the Committee on Governmental Committee on Energy and Natural Re- ment of royalties from Federal and Outer Affairs. Continental Shelf oil and gas leases, and for sources. EC–3417. A communication from the Chair- other purposes. H.R. 3674. An act to amend title 38, United man of the Council of the District of Colum- H.R. 2001. An act for the relief of Norton R. States Code, to clarify the causal relation- bia, transmitting, pursuant to law, a report Girault. ship required between a veteran’s service- relative to the Automobile Insurance H.R. 3249. An act to authorize appropria- connected disability and employment handi- Amendment Act of 1996; to the Commission tions for a mining institute or institutes to cap for purposes of determining eligibility on Governmental Affairs. develop domestic technological capabilities for training and rehabilitation assistance en- EC–3418. A communication from the Chair- for the recovery of minerals from the Na- titlements from the Post-Vietnam Era Edu- man of the Council of the District of Colum- tion’s seabed, and for other purposes. cational Assistance Program to the Mont- bia, transmitting, pursuant to law, a report H.R. 3458. An act to increase, effective as of gomery GI Bill, and for other purposes; to relative to the Department of Corrections December 1, 1996, the rates of compensation the Committee on Veterans Affairs. Employee Mandatory Drug and Alcohol Test- for veterans with service-connected disabil- f ing Act of 1996; to the Committee on Govern- ities and the rates of dependency and indem- mental Affairs. nity compensation for the survivors of cer- MEASURES PLACED ON THE EC–3419. A communication from the Chair- tain disabled veterans. CALENDAR man of the Council of the District of Colum- H.R. 3643. An act to amend title 38, United The following measures were read the bia, transmitting, pursuant to law, a report States Code, to extend through December 31, second time and placed on the cal- relative to the Interference with Medical Fa- 1998, the period during which the Secretary endar: cilities and Health Professionals Amendment of Veterans Affairs is authorized to provide Act of 1996; to the Committee on Govern- priority health care to certain veterans who S. 1954. A bill to establish a uniform and mental Affairs. were exposed to Agent Orange or who served more efficient Federal process for protecting EC–3420. A communication from the Chair- in the Persian Gulf War and to make such property owners’ rights guaranteed by the man of the Council of the District of Colum- authority permanent in the case of certain fifth amendment. bia, transmitting, pursuant to law, a report veterans exposed to ionizing radiation, and H.R. 3396. An act to define and protect the relative to the Excepted Service Positions for other purposes. institution of marriage. Designation Temporary Amendment Act of H.R. 3673. An act to amend title 38, United The following measures were read the 1996; to the Committee on Governmental Af- States Code, to revise and improve certain first and second times and placed on fairs. veterans programs and benefits, to authorize the calendar: EC–3421. A communication from the Chair- the American Battle Monuments Commis- man of the Council of the District of Colum- H.R. 1975. An act to improve the manage- sion to enter into arrangements for the re- bia, transmitting, pursuant to law, a report ment of royalties from Federal and Outer pair and long-term maintenance of war me- relative to the Noise Control Amendment Continental Shelf oil and gas leases, and for morials for which the Commission assumes Act of 1996; to the Committee on Govern- other purposes. responsibility, and for other purposes. mental Affairs. H.R. 3249. An act to authorize appropria- H.R. 3674. An act to amend title 38, United EC–3422. A communication from the Acting tions for a mining institute or institutes to States Code, to clarify the causal relation- Director, Office of Management and Budget, develop domestic technological capabilities ship required between a veteran’s service- transmitting, pursuant to law, a report rel- for the recovery of minerals from the Na- connected disability and employment handi- ative to the Statement of Federal Financial tion’s seabed, and for other purposes. cap for purposes of determining eligibility Accounting Standards; to the Committee on for training and rehabilitation assistance en- f Governmental Affairs. titlements from the Post-Vietnam Era Edu- EC–3423. A communication from the Chair- EXECUTIVE AND OTHER man, PCA Retirement Committee, First cational Assistance Program to the Mont- COMMUNICATIONS gomery GI Bill, and for other purposes. South Production Credit Association, trans- The following communications were mitting, pursuant to law, a report relative to At 3:58 p.m., a message from the laid before the Senate, together with the annual pension plan; to the Committee House of Representatives, delivered by accompanying papers, reports, and doc- on Governmental Affairs. EC–3424. A communication from the Comp- Mr. Hays, one of its reading clerks, an- uments, which were referred as indi- troller General, transmitting, pursuant to nounced that the House has passed the cated: law, the under the Chief Financial Officers following bill, in which it requests the EC–3411. A communication from the Dep- Act for fiscal years 1995 and 1994; to the Com- terms of the Senate: uty Executive Director and Chief Operating mittee on Governmental Affairs.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8013 EC–3425. A communication from the Sec- products, and medical devices by the United STATEMENTS ON INTRODUCED retary of Defense, transmitting, pursuant to States Food and Drug Administration can BILLS AND JOINT RESOLUTIONS law, the report under the Inspector General delay approvals and are unnecessary expen- Act from the period October 1, 1995 through sive: Now, therefore be it By Mr. ROCKEFELLER (for him- March 31, 1996; to the Committee on Govern- Resolved by the house of representatives of self and Mr. MACK): mental Affairs. the 138th General Assembly of the State of Dela- S. 1963. A bill to establish a dem- f ware (the senate concurring therein), That the onstration project to study and provide State Legislature respectfully urges the Con- coverage of routine patient care costs PETITIONS AND MEMORIALS gress of the United States to address this im- for medicare beneficiaries with cancer The following petitions and memo- portant issue by enacting comprehensive leg- who are enrolled in an approved clin- rials were laid before the Senate and islation to facilitate the rapid review and ap- ical trial program; to the Committee were referred or ordered to lie on the proval of innovative new drugs, biological products, and medical devices, without com- on Finance. table as indicated: promising patient safety or product effec- THE MEDICARE CANCER CLINICAL TRIAL POM–656. A resolution adopted by the Sen- tiveness; and be it further, COVERAGE ACT OF 1996 ate of the Legislature of the Commonwealth ‘‘Resolved, That copies of this Resolution Mr. ROCKEFELLER. Mr. President, of Massachusetts; to the Committee on Gov- be transmitted forthwith by the Clerk of the today, I am introducing legislation to ernmental Affairs. House or Secretary of the Senate to the continue the effort to expand treat- ‘‘RESOLUTION President of the United States, the Speaker ment options for older Americans who ‘‘Whereas, at the end of the Korean war in of the United States House of Representa- happen to have cancer. I am especially nineteen hundred and fifty-three over eight tives, and President of the United States pleased my colleague from Florida, Senate, and to each member of the United thousand American troops were unaccounted Senator MACK, is joining me as an States Senate and the United States House for; and original cosponsor. Senator MACK is a ‘‘Whereas, historically, the position of the of Representative.’’ United States Government has been that vigorous and persistent advocate for cancer research and improvements in there were no longer any surviving prisoners f of war from the Korean war in North Korea; patient care for those with cancer. He and has been fighting this battle for a long ‘‘Whereas, a recent Department of Defense INTRODUCTION OF BILLS AND time. report acknowledges that between ten and JOINT RESOLUTIONS Our bipartisan sponsorship, which is fifteen prisoners of war from the Korean war The following bills and joint resolu- just a nice thing to happen around here have been sighted, still alive and being held tions were introduced, read the first anyway, is intended to say to the in North Korea; and American people, especially to the mil- ‘‘Whereas, many more of the eight thou- and second time by unanimous con- sand troops still unaccounted for may still sent, and referred as indicated: lions of Medicare beneficiaries with be alive and held in North Korea; and By Mr. ROCKEFELLER (for himself cancer, that we in the Congress are, in ‘‘Whereas, recent evidence indicates that and Mr. MACK): fact, very, very serious about trying to these prisoners of the war wish to return to S. 1963. A bill to establish a demonstration be helpful. the United States; and project to study and provide coverage of rou- Over 1.3 million people will be diag- ‘‘Whereas, the Korean war has been over tine patient care costs for medicare bene- nosed with cancer this year. Over 11,000 for more than forty years and the prisoners ficiaries with cancer who are enrolled in an of those people, newly diagnosed with are now becoming elderly, making swift ac- approved clinical trial program; to the Com- cancer, will be people I represent, that tion imperative: Now therefore be it mittee on Finance. is West Virginians. Cancer is, in fact, ‘‘Resolved, That the Massachusetts senate By Mr. BINGAMAN (for himself and the second leading cause of death in respectfully urges the Congress of the United Mr. HOLLINGS): States to take immediate action to deter- S. 1964. A bill to amend title XVIII of the West Virginia, second only to heart mine the presence of American prisoners of Social Security Act to provide for coverage disease. This legislation is aimed at war in North Korea and to ensure the prompt under part B of the medicare program of improving Medicare coverage, since return of any such prisoners to the United medical nutrition therapy services of reg- Medicare beneficiaries account for States; and be it further istered dietitians and nutrition profes- more than half of all cancer diagnoses, ‘‘Resolved, That a copy of these resolutions sionals; to the Committee on Finance. and 60 percent of all cancer deaths. be transmitted forthwith by the clerk of the By Mr. HATCH (for himself, Mr. BIDEN, Our bill deals with the very specific Senate to the President of the United States, Mrs. FEINSTEIN, Mr. GRASSLEY, Mr. to the Presiding Officer of each branch of problem faced by Medicare bene- SPECTER, Mr. WYDEN, Mr. DEWINE, ficiaries who are currently prevented Congress and to each Member thereof from Mr. HARKIN, Mr. D’AMATO, Mr. KYL, the Commonwealth.’’ Mr. REID, and Mr. ASHCROFT): from receiving care that may extend or S. 1965. A bill to prevent the illegal manu- save their lives. To put it very simply POM–657. A concurrent resolution adopted facturing and use of methamphetamine; or- and very bluntly, Americans over the by the Legislature of the State of Delaware; dered held at the desk. age of 65 who are struck with cancer to the Committee on Labor and Human Re- By Mr. CAMPBELL (for himself, Mr. believe they should get the best shot in sources. CHAFEE, and Ms. MOSELEY-BRAUN): fighting their disease. The Medicare HOUSE CONCURRENT RESOLUTION NO. 38 S. 1966. A bill to extend the legislative au- Cancer Clinical Trial Coverage Act of ‘‘Whereas improving patient access to thority for the Black Revolutionary War Pa- 1996, which is the bill I am introducing, triots Foundation to establish a commemo- quality health care is a paramount national is a bill to do something very targeted goal; and rative work; to the Committee on Energy ‘‘Whereas the key to improved health care, and Natural Resources. to give older Americans their best shot especially for persons with serious unmet By Mr. BROWN: at fighting cancer. With this bill we medical needs, is the rapid approval of safe S. 1967. A bill to provide that members of want to tackle the frustrating, often and effective new drugs, biological products, the Armed Forces who performed services for anguishing problem faced by older and medical devices; and the peacekeeping efforts in Somalia shall be Americans who are unable to partici- ‘‘Whereas minimizing the delay between entitled to tax benefits in the same manner pate in cancer clinical trials. Let me discovery and eventual approval of a new as if such services were performed in a com- explain. drug, biological product, or medical device bat zone, and for other purposes; to the Com- Consider the story of a West Vir- derived from research conducted by innova- mittee on Finance. tive pharmaceutical and biotechnology com- By Mr. FAIRCLOTH: ginian who was treated with an experi- panies could improve the lives of millions of S. 1968. A bill to reorder United States mental drug for lung cancer, under a Americans; and budget priorities with respect to United research trial approved by the National ‘‘Whereas current limitations on the dis- States assistance to foreign countries and Cancer Institute. Because Medicare semination of information about pharma- international organizations; to the Com- would not cover the cost of hospitaliza- ceutical products reduce the availability of mittee on Foreign Relations. tion required to administer the information to physicians, other health care By Mr. JEFFORDS (for himself, Mr. anticancer treatment, he decided he professionals, and patients, and unfairly BRADLEY, Mrs. KASSEBAUM, Mr. could only pay for one more treatment limit the right of free speech guaranteed by KERREY, Mr. COHEN, Mr. BINGAMAN, the First Amendment to the United States Mr. CHAFEE, and Mr. WYDEN): out of the money from his own pocket. Constitution; and S. 1969. A bill to establish a Commission on This West Virginian could not bring ‘‘Whereas the current rules and practices Retirement Income Policy; to the Com- himself to bankrupt his family, yet governing the review of new drugs, biological mittee on Labor and Human Resources. getting the additional treatments

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8014 CONGRESSIONAL RECORD — SENATE July 17, 1996 might bring the gift of a longer life for trials now have to offer. We give the every chance they have to battle this him and, obviously, much more sta- program 5 years to conduct the dem- horrible disease. bility and happiness for his family. onstration, and then we call on the I hope to get the help of colleagues This is a terrible choice that should Secretary of HHS to tell Congress how on both sides of the aisle—and I am not have to be made by anybody in this Medicare should or perhaps should not sure Senator MACK shares this wish country. be changed in its policy toward cancer with me—to get more supporters to While we still have a long way to go and other kinds of clinical trials. recognize that this urgent need has to in discovering a cure for cancer, there Many researchers, physicians, pa- be attended to as soon as possible. are constantly popping up reports of tients, and many of us in Congress Mr. President, I ask unanimous con- exciting new advances in the treatment have already been pushing for more sent that a copy of our bill and a sum- of cancer. The bad news is that mil- coverage for clinical trials by Medicare mary of the legislation, along with a lions of people with cancer cannot take and other insurers. In its 1994 report to list of its supporters, be printed in the advantage of these path-breaking Congress, a very long-named advisory RECORD. treatments because they are provided group—something called the National There being no objection, the mate- in a setup which is called clinical Cancer Advisory Board’s Sub- rial was ordered to be printed in the trials. To insurers, including the Medi- committee to Evaluate the National RECORD as follows: care Program, that labels them experi- Cancer Program—emphasized the need S. 1963 mental. In other words, clinical trials for private insurance and Medicare Be it enacted by the Senate and House of Rep- are labeled experimental and, there- coverage for approved clinical trials. resentatives of the United States of America in fore, the basis for turning down cov- And we use that report in our bill to Congress assembled, erage with no ifs, ands, or buts. create the criteria for what kinds of SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Medicare Critics of coverage for clinical trials trials should be covered in the Medi- Cancer Clinical Trial Coverage Act of 1996’’. argue that care provided in trials is care demonstration that Senator MACK SEC. 2. MEDICARE CANCER PATIENT DEM- purely investigational and too costly. and I are proposing. ONSTRATION PROJECT. In fact, these trials can provide essen- I continue to believe that all Ameri- (a) ESTABLISHMENT.—Not later than Janu- tial information about which treat- cans should be guaranteed access to ary 1, 1997, the Secretary of Health and ments are effective and which ones are quality health care. I would love to see Human Services (in this Act referred to as not. This is one of the best ways for the Congress acting immediately to ensure the ‘‘Secretary’’) shall establish a dem- health care system to learn about the that any American struck by cancer, onstration project which provides for pay- ment under the medicare program under various advantages and disadvantages whether age 21 or age 71, could get cov- title XVIII of the Social Security Act (42 of treatment options, including what erage for treatment in a clinical trial if U.S.C. 1395 et seq.) of routine patient care costs are involved before a certain that is judged the best option for them. costs— course is expanded widely or pre- Those are highly ambitious goals, and (1) which are provided to an individual di- maturely. today Senator MACK and I offer this agnosed with cancer and enrolled in the The bill I am introducing today with bill as one more incremental step in medicare program under such title as part of Senator CONNIE MACK is very careful in their direction. the individual’s participation in an approved clinical trial program; and pursuing a solution. We lay out a I actually started some years ago (2) which are not otherwise eligible for framework for a major demonstration with legislation to improve cancer care payment under such title for individuals who project to come up with the informa- for Medicare patients. That legislation are entitled to benefits under such title. tion and the experience needed to then ended up being enacted in 1993. It was (b) APPLICATION.—The beneficiary cost modify Medicare’s policy toward clin- really sort of embarrassingly simple. sharing provisions under the medicare pro- ical trials. With this demonstration we My legislation required Medicare cov- gram, such as deductibles, coinsurance, and want the Medicare Program to find out erage of oral anticancer drugs if those copayment amounts, shall apply to any indi- vidual participating in a demonstration more about the costs of covering high- drugs would otherwise have been cov- project conducted under this Act. quality clinical trials for its bene- ered by Medicare if administered intra- (c) APPROVED CLINICAL TRIAL PROGRAM.— ficiaries with cancer, and then compare venously in a doctor’s office. Obvi- For purposes of this Act, the term ‘‘approved them to the benefits and other results ously, the result being cost savings and clinical trial program’’ means a clinical trial learned through the demonstration. almost simple beyond belief. But, nev- program which is approved by— There is truly an urgent need to get on ertheless, it was not allowed prior to (1) the National Institutes of Health; (2) a National Institutes of Health coopera- with this study, and then where the my legislation. tive group or a National Institutes of Health findings should take us in changing We changed the law, and now it is al- center; Medicare’s policy toward clinical lowed. A lot of money is being saved, (3) the Food and Drug Administration (in trials. With new cancer therapies rap- and people are being helped because the form of an investigational new drug or idly unfolding, dealing with a disease they can take an oral drug at home device exemption); rather than having an injection in a (4) the Department of Veterans Affairs; that its victims are desperately trying (5) the Department of Defense; or to battle, peer-reviewed clinical trials doctor’s office. As a result, many Medi- (6) a qualified nongovernmental research may be the best and only available care beneficiaries with cancer can take entity identified in the guidelines issued by care. advantage of drugs that they were, in a the National Institutes of Health for center Cancer researchers themselves—and sense, walled off from before. support grants. there is a long list of associations and The other part of my bill set an uni- (d) ROUTINE PATIENT CARE COSTS.— organizations who support this legisla- form standard for Medicare coverage of (1) IN GENERAL.—For purposes of this Act, ‘‘routine patient care costs’’ shall include tion—are eager to have more older anticancer drugs. Prior to the enact- the costs associated with the provision of Americans involved in these trials. ment of my legislation, there was sig- items and services that— More needs to be learned about the bio- nificant variation in Medicare coverage (A) would otherwise be covered under the logical responses to various treatments of anticancer drugs because individual medicare program if such items and services within different age groups, and this Medicare carriers made their own deci- were not provided in connection with an ap- bill can help fill that particular gap. sions on coverage. A GAO report found proved clinical trial program; and In our bill we confine the demonstra- that Medicare’s unreliable and incon- (B) are furnished according to the design of an approved clinical trial program. tion to covering a select group of high- sistent coverage of accepted off-label (2) EXCLUSION.—For purposes of this Act, quality clinical trials. Our criteria say uses of cancer drugs forced oncologists ‘‘routine patient care costs’’ shall not in- the trials covered under this dem- to alter their preferred treatment. Now clude the costs associated with the provision onstration have to be the result of top- there is clear and consistent Medicare of— notch peer review procedures. policy regarding coverage of anticancer (A) an investigational drug or device, un- This legislation does not write any drugs. less the Secretary has authorized the manu- new policies for Medicare into stone, In conclusion, I think it is time again facturer of such drug or device to charge for such drug or device; or but it does lay the foundation for a for Congress to take another small, yet (B) any item or service supplied without Medicare policy toward cancer treat- crucial, step in improving coverage for charge by the sponsor of the approved clin- ments that factors in what clinical elderly cancer patients who deserve ical trial program.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8015 SEC. 3. STUDY, REPORT, AND TERMINATION. Act of 1996 on behalf of myself and my Medicare and some Medicaid programs (a) STUDY.—The Secretary shall study the friend and colleague from South Caro- cover physician-prescribed medical nu- impact on the medicare program under title XVIII of the Social Security Act of covering lina, Senator HOLLINGS. trition therapies as part of a home care routine patient care costs for individuals This legislation is similar to a bill, therapy benefit. However, professional with a diagnosis of cancer and other diag- H.R. 2247, that was introduced last year dietitian services are not covered as a ´ noses, who are entitled to benefits under in the House by Representative JOSE reimbursable expense. such title and who are enrolled in an ap- SERRANO. It provides for coverage proved clinical trial program. under part B of the Medicare Program I believe that we need to change this (b) REPORT TO CONGRESS.—Not later than of medical nutrition therapy services and the legislation I am offering today January 1, 2001, the Secretary shall submit a will achieve that. I also believe that as report to Congress that contains a statement which are furnished by or under the su- regarding— pervision of a registered dietitian or the relevant studies are developed it (1) any incremental cost to the medicare nutrition professional. will be clearly shown that coverage of program under title XVIII of the Social Se- Mr. President, at a time when the medical nutrition therapy of reducing curity Act resulting from the provisions of Medicare system is under increasing health care expenditures and should be this Act; and (2) a projection of expenditures under the scrutiny and the Congress and adminis- an integral part of any long-term solu- medicare program if coverage of routine pa- tration are debating how to ensure the tion to the solvency of the Medicare tient care costs in an approved clinical trial long-term stability of the program, I Program.∑ program were extended to individuals enti- believe that the legislation I am intro- tled to benefits under the medicare program ducing should be an integral part of By Mr. HATCH (for himself, Mr. who have a diagnosis other than cancer. those debates. (c) TERMINATION.—The provisions of this BIDEN, Mrs. FEINSTEIN, Mr. Medical nutrition therapy is the as- Act shall not apply after June 30, 2001. GRASSLEY, Mr. SPECTER, Mr. sessment of patient nutritional status WYDEN, Mr. DEWINE, Mr. HAR- MEDICARE CANCER CLINICAL TRIAL COVERAGE followed by therapy, ranging from diet KIN, Mr. D’AMATO, Mr. KYL, Mr. ACT OF 1996 modification to administration of spe- REID and Mr. ASHCROFT): CURRENT LAW cialized nutrition therapies such as in- Medicare generally does not pay for the travenous or tube feedings. It has prov- S. 1965. A bill to prevent the illegal costs of patient care if they are incurred in the course of a clinical trial. An exception en to be a medically necessary and manufacturing and use of methamphet- adopted last year allows Medicare coverage cost-effective way of treating and con- amine; ordered held at the desk. of investigational medical devices used in trolling many diseases and medical THE COMPREHENSIVE METHAMPHETAMINE clinical trials, and of the associated medical conditions, including AIDS, cancer, CONTROL ACT OF 1996 care, if the FDA determines that the inves- kidney disease, diabetes, and severe tigational device is similar to a previously burns. The treatment of all of these Mr. HATCH. Mr. President, I rise approved or cleared device. conditions and numerous others saves today to introduce S. 1965, a bipartisan PROPOSED CHANGE health care costs by speeding recovery bill to combat the methamphetamine The Secretary of HHS would be required to conduct a demonstration project, beginning and reducing the incidence of com- epidemic, a serious and growing public no later than January 1, 1997, which would plications. This in turn results in fewer health problem which poses a special study the feasibility of covering patient hospitalizations, shorter hospital threat to our Nation’s youth who are costs for beneficiaries diagnosed with cancer stays, and reduced drug, surgery, and abusing the drug in record numbers. and enrolled in certain approved clinical treatment needs. trials. Eligibility for coverage would be de- An analysis of nearly 2,400 case stud- According to the latest information pendent on approval of the trial design by ies submitted by members of American from the Drug Enforcement Adminis- one of several high quality peer-review orga- Dietetic Association members showed tration, 50 percent of the methamphet- nizations, including the National Institutes that on average more than $8,000 per amine consumed in the United States of Health, the Food and Drug Administra- is illegally imported. The other 50 per- tion, the Department of Defense, and the De- patient can be saved with the interven- partment of Veterans Affairs. No later than tion of medical nutrition therapy. The cent is manufactured illegally in the January 1, 2001, the Secretary would be re- July 1995 issue of the American Jour- United States in clandestine labs. Ac- quired to report to the Congress concerning nal of Medicine highlighted a study cordingly, any national strategy to any incremental costs of such coverage and that found that the use of a diabetes combat methamphetamine must target the advisability of covering other diagnoses team, led by an endocrinologist work- both the source of import and these under the same circumstances. The dem- onstration project would sunset on June 30, ing with a nurse diabetes educator and clandestine labs. 2001. dietitian, resulted in a 56-percent re- Methamphetamine presents a unique Supported by: duction in length of hospital stays National Coalition for Cancer Survivor- problem in the fight against illegal among patients hospitalized with a pri- drugs. It is not grown, but is manufac- ship; Candlelighters Childhood Cancer Foun- mary diagnosis of diabetes compared dation; Cancer Care, Inc.; National Alliance tured from other chemicals, virtually with patients treated by an internist of Breast Cancer Organizations (NABCO); US all of which are legally used for other alone. Currently, hospital care of dia- TOO International Y–ME National Breast purposes. Cancer Organization; American Cancer Soci- betic patients costs an estimated $65 ety; American Society of Clinical Oncology; billion a year. The potential 5-day re- Clandestine methamphetamine lab- American Society of Pediatric Hematology/ duction in hospitalization found by oratories manufacture methamphet- Oncology; Association of American Cancer this study translates into billions of amine from chemicals with legitimate Institutes; Association of Community Cancer Centers; Cancer Research Foundation of dollars per year in potential health medical uses. Two of the most common America; North American Brain Tumor Coa- care savings and that is only the sav- precursor drugs—ephedrine and lition; Leukemia Society of America; Na- ings related to diabetes treatment. The pseudoephedrine—are common ingredi- tional Breast Cancer Coalition; National true saving resulting from the in- ents in cold and cough preparations. Childhood Cancer Foundation; National Coa- creased use of medical nutrition ther- Other precursor chemicals include io- lition for Cancer Research; Oncology Nursing apy in other illnesses is substantial dine, often used in iodized salt; red Society; Prostate Cancer Support-group Net- and that is why I am here today to work; and Society of Surgical Oncology. phosphorous, often used in the produc- offer this legislation. tion of matches; and hydrochloric acid, By Mr. BINGAMAN (for himself Mr. President, no consistent policy used for a variety of chemical purposes. or approach exists for covering the and Mr. HOLLINGS): In addition, methamphetamine dis- S. 1964. A bill to amend title XVIII of costs for medical nutrition therapy. In the Social Security Act to provide for inpatient settings, dietitians’ services tribution has become a major target of coverage under part B of the Medicare are often folded into hospital room and opportunity for sophisticated drug Program of medical nutrition therapy board charges and are not reimbursed trafficking rings, including vicious, services of registered dietitians and nu- while equipment and prescribed med- poly-drug organizations in Mexico who trition professionals; to the Committee ical nutritional products are often, but have beaten well-trodden paths into on Finance. not always, treated in the same man- the United States. Willing European THE MEDICAL NUTRITION THERAPY ACT OF 1996 ner. In outpatient settings, coverage is suppliers provide them with tons of ∑ Mr. BINGAMAN. Mr. President, I in- inconsistent for both dietitians’ serv- ephedrine, the precursor drug used to troduce the Medical Nutrition Therapy ices and other nutrition therapies. manufacture the illegal meth.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8016 CONGRESSIONAL RECORD — SENATE July 17, 1996 These Mexican methamphetamine who deal in drugs. We must put a stop of the domestic labs may relocate to traffickers are organized—and they do to this terrible problem. Central and South America. It is my not hesitate to use extreme violence. At this point, I would like to summa- hope that the provisions in this bill re- They showed their true colors when rize the major provisions in S. 1965. quiring additional coordination be- they murdered DEA special agent Rich- The first title contains measures to tween the United States and these ard Fass in Glendale, AZ, in June 1994— stop the importation of methamphet- countries will allow for the develop- just 1 day before he was to be trans- amine and precursor chemicals into the ment of an international strategy that ferred to a new assignment. United States. We have included a will combat this problem too. Any legislative solution to the meth long-arm provision, which imposes a In particular, fighting this problem crisis must, by necessity, balance the maximum 10-year penalty on the man- effectively is going to require improved need to stem this illegal tide of meth- ufacture outside the United States of a cooperation from Mexico. I believe that amphetamine into the United States list I chemical—which is a chemical Congress stands ready to support the against the need to ensure access to that is used to manufacture a con- administration in international efforts precursor chemicals which have legiti- trolled substance—with intent to im- to stem the flow of drugs into the mate medical uses and upon which mil- port it into this country. United States. lions of Americans rely. The second title contains several pro- The fourth title cracks down hard on Mr. President, methamphetamine has visions to control the manufacture of the ability of rogue companies to sell wreaked havoc across America, espe- methamphetamine in clandestine labs. large amounts of precursor chemicals cially on communities in the South- It includes an important provision to that are diverted to clandestine labs. west. And, unfortunately, it is spread- permit the seizure and forfeiture of list Provisions in this title limit the pack- ing east. It has entered the inter- I chemicals that are involved in illegal age size that precursor drugs may be mountain west, especially Utah, and is trafficking. Another provision in- sold in at the retail level, and require beginning to be seen throughout the creases penalties for the manufacture the product to be packaged in blister rest of the country as well. and possession of equipment used to packs when technically feasible. Mr. President, this title contains An indication of the magnitude of make controlled substances. These pro- carefully drafted provisions that bal- this problem is the fact that meth- visions will not only impact the manu- ance the need to crack down on pre- amphetamine emergency room cases facture of methamphetamine, but cursor chemicals against the need to are up 256 percent over the 1991 levels, other drugs illegally manufactured as maintain the availability of drugs such according to the latest information well. After a great deal of work with the as pseudoephedrine for legitimate pur- from the Drug Abuse Warning Net- Department of Justice, Senator BIDEN, poses. I recognize the need to take work. and the DEA, I have also included a measures to decrease the availability In 1994, the last year that data were provision that will allow the Attorney of the precursor list I chemicals for di- available, there were 17,400 meth- General to commence a civil action for version to clandestine methamphet- amphetamine-related emergency visits. appropriate relief to shut down the pro- amine laboratories. However, in so In California, methamphetamine sei- duction and sale of listed chemicals by doing, we must not restrict the ability zures are up 518 percent over the 1991 individuals or companies that know- of law-abiding citizens to use common level. ingly sell precursor agents for the pur- remedies for colds and allergies, or sub- In Utah, we had 56 lab seizures in pose of the illegal manufacture of a ject sales of such legal products to on- 1995, up from 13 in 1994. From January controlled substance. erous recordkeeping at the retail level. through June of this year we have al- I believe that these provisions are It is no secret that I have been crit- ready had 37 lab seizures. Utah has important, as they give law enforce- ical of the DEA’s proposed regulations ranked in the top three States in the ment additional authority to stop the in this area. The provisions included in number of methamphetamine lab sei- flow of these precursor substances that S. 1965, I believe, will achieve our com- zures for the past 2 years, an alarming are diverted for the manufacture of il- mon goal without the negative side ef- trend. legal controlled substances and to shut fects of the proposed regulations. According to the Centers for Disease down clandestine labs. This bill gives In fact, I believe that our provisions Control and Prevention, Utah has expe- the law enforcement community the with regard to the sale of the precursor rienced the second greatest increase in muscle it needs to fight trafficking in chemicals pseudoephedrine and phenyl- methamphetamine-related admissions methamphetamine and its precursor propanolamine go much farther in pre- in the entire country—a 133-percent in- drugs. venting the diversion of these products crease in admissions between 1992 and In addition to the provisions I have while maintaining their access for le- 1993. already outlined, the third title in- gitimate uses. In this bill we lower the But statistics don’t tell the whole creases penalties for trafficking in single transaction threshold for story. This crisis is more than num- methamphetamine and list I precursor pseudoephedrine—containing products bers, it involves real people suffering chemicals, enhances penalties for the from 1,000 grams to 24 grams. Our bill real problems. Let me show you exam- dangerous handling of controlled sub- also allows the Attorney General to ples of the people behind those num- stances, allows the Government to seek lower this single—transaction limit bers. restitution for the clean up of the clan- further, as necessary to prevent the di- One of these people is Russell Ray destine laboratory sites from those version of products to meth labs. That Thompson. After a long day of drinking who created the contamination, and al- provision was inserted to meet the con- alcohol and injecting methamphet- lows for the seizure of the modes of cerns of Senator FEINSTEIN and others amine, Thompson shot an unarmed fe- transportation of illegal methamphet- who believe that retail sales are a sig- male friend six times with a rifle, leav- amine and list I chemicals. nificant source of precursor drugs for ing her two orphaned children to live In developing these provisions, we clandestine labs. with their grandparents. were cognizant of the fact that the Some of my colleagues may have Another is Connie Richens, from DEA and the administration have stat- seen an article this morning in USA Vernal, UT. As Ms. Richens was pre- ed that one important way to stop Today, which leaves one with the im- paring to meet her husband at a bowl- meth abuse is to increase the penalties pression that retail cough and cold ing alley, two men forced themselves for illegal importation of precursor preparations are a significant source of into her apartment and slashed her chemicals. This will reduce the number precursor drugs. I have spent a great throat four times. Uinta County sher- of domestic, clandestine methamphet- deal of time studying this issue, con- iff’s deputies found powdered meth- amine labs which, in turn, will de- sulting extensively with the DEA and amphetamine a few feet from her dead crease the availability of this dan- State and local law enforcement offi- body. gerous drug, improve the safety of our cials in Utah. I remain unconvinced Methamphetamine is a killer. It kills neighborhoods, and eliminate a source that legitimate products purchased at those who abuse it, as well as innocent of environmental damage. the retail level are a significant source bystanders. It is the latest outrage per- It is an unfortunate consequence of of precursor drugs for the manufacture petrated on American society by those enhanced domestic penalties that some of methamphetamine. Nevertheless, I

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8017 have included several provisions in this ward in a bipartisan way so that we TITLE III—INCREASED PENALTIES FOR title that will limit the potential di- can take steps toward addressing this TRAFFICKING AND MANUFACTURE OF version of legitimate products at the important public health problem this METHAMPHETAMINE AND PRECUR- retail level to methamphetamine labs. session. SORS When this legislation is enacted, I In addition, I want to recognize the Sec. 301. Trafficking in methamphetamine penalty increases. will continue to monitor this situation significant contributions of Senator Sec. 302. Penalty increases for trafficking in very closely. If the data show that re- WYDEN, who early on indicated his in- listed chemicals. tail products containing terest in working with me to develop a Sec. 303. Enhanced penalty for dangerous pseudoephedrine and phenylpropanola- bipartisan bill, and Senators SPECTER, handling of controlled sub- mine are contributing to the meth- DEWINE, ASHCROFT, and HARKIN. stances: amendment of sen- amphetamine problems, I pledge to re- Finally, I must also recognize the ef- tencing guidelines. visit this issue next Congress. forts of Senators FEINSTEIN, GRASSLEY, TITLE IV—LEGAL MANUFACTURE, DIS- TRIBUTION, AND SALE OF PRECURSOR In addition, we have strict reporting and KYL. They have contributed sig- CHEMICALS and recordkeeping provisions for those nificant time and energy to bringing Sec. 401. Diversion of certain precursor companies that sell ephedrine, this issue before Congress and are chemicals. pseudoephedrine and phenylpropanola- strong advocates for legislation to deal Sec. 402. Mail order restrictions. mine by mail. These provisions - which with this problem. TITLE V—EDUCATION AND RESEARCH go far beyond what DEA has proposed The bill that my colleagues and I rise Sec. 501. Interagency methamphetamine to date—will shut down loopholes in to introduce today represents a bipar- task force. current law that allow these products tisan, comprehensive response to con- Sec. 502. Public health monitoring. to get to the meth labs. trol the methamphetamine abuse prob- Sec. 503. Public-private education program. Sec. 504. Suspicious orders task force. This bill gets tough on those who di- lem in our country. We still have a few SEC. 2. FINDINGS. vert legitimate products to clandestine issues to work out as this bill moves The Congress finds the following: methamphetamine labs. I would have it forward, but I am confident that we (1) Methamphetamine is a very dangerous no other way. can quickly address any remaining and harmful drug. It is highly addictive and In anticipation of questions regard- areas of concern, so that we can pass is associated with permanent brain damage ing this provision, I want to underscore this bill this session. in long-term users. that the bill does not apply to dietary Methamphetamine abuse is a growing (2) The abuse of methamphetamine has in- supplement products in any way. threat to the public health of this creased dramatically since 1990. This in- Finally, an important title of our creased use has led to devastating effects on country. I hope that the Senate can individuals and the community, including— legislation improves and expands exist- move quickly to pass this bill so we (A) a dramatic increase in deaths associ- ing education and research activities can enact a comprehensive program to ated with methamphetamine ingestion; related to methamphetamine and other stop this problem in its tracks. (B) an increase in the number of violent drug abuse. This approach, I feel, is Mr. President, I ask unanimous con- crimes associated with methamphetamine key to the success of a comprehensive sent that the text of the bill be printed ingestion; and drug control policy. Increased empha- in the RECORD. (C) an increase in criminal activity associ- sis on research, prevention, and treat- There being no objection, the bill was ated with the illegal importation of meth- amphetamine and precursor compounds to ment go hand in hand with efforts to ordered to be printed in the RECORD, as support the growing appetite for this drug in reduce supply. follows: the United States. Consequently, our bill creates a S. 1965 (3) Illegal methamphetamine manufacture methamphetamine interagency work- Be it enacted by the Senate and House of Rep- and abuse presents an imminent public ing group to design, implement, and resentatives of the United States of America in health threat that warrants aggressive law evaluate a comprehensive meth- Congress assembled, enforcement action, increased research on amphetamine education and preven- SECTION 1. SHORT TITLE AND TABLE OF CON- methamphetamine and other substance tion program. It requires public health TENTS. abuse, increased coordinated efforts to pre- monitoring programs to monitor meth- (a) SHORT TITLE.—This Act may be cited as vent methamphetamine abuse, and increased amphetamine abuse in the United the ‘‘Comprehensive Methamphetamine Con- monitoring of the public health threat meth- amphetamine presents to the communities States. trol Act of 1996’’. (b) TABLE OF CONTENTS.—The table of con- of the United States. In addition, the legislation calls for a tents for this Act is as follows: TITLE I—IMPORTATION OF METH- methamphetamine national advisory Sec. 1. Short title and table of contents. AMPHETAMINE AND PRECURSOR panel to develop a program to educate Sec. 2. Findings. CHEMICALS distributors of precursor chemicals and TITLE I—IMPORTATION OF METH- SEC. 101. SUPPORT FOR INTERNATIONAL EF- supplies to decrease the likelihood of AMPHETAMINE AND PRECURSOR FORTS TO CONTROL DRUGS. diversion of these products to clandes- CHEMICALS The Attorney General, in consultation with the Secretary of State, shall coordinate tine laboratories, and creates a sus- Sec. 101. Support for international efforts to picious orders task force to improve international drug enforcement efforts to de- control drugs. crease the movement of methamphetamine the reporting of suspicious orders and Sec. 102. Penalties for manufacture of listed and methamphetamine precursors into the sales of list I chemicals. chemicals outside the United United States. In closing, Mr. President, I want to States with intent to import SEC. 102. PENALTIES FOR MANUFACTURE OF make clear that the legislation we in- them into the United States. LISTED CHEMICALS OUTSIDE THE troduce today represents a consensus TITLE II—PROVISIONS TO CONTROL THE UNITED STATES WITH INTENT TO MANUFACTURE OF METHAMPHETAMINE IMPORT THEM INTO THE UNITED position based on literally hundreds of STATES. hours of consultations with representa- Sec. 201. Seizure and forfeiture of regulated (a) UNLAWFUL IMPORTATION.—Section tives of Federal, State, and local law chemicals. 1009(a) of the Controlled Substances Import enforcement, as well as substance Sec. 202. Study and report on measures to and Export Act (21 U.S.C. 959(a)) is amend- abuse prevention and treatment ex- prevent sales of agents used in ed— methamphetamine production. (1) in the matter before paragraph (1), by perts and representatives of manufac- Sec. 203. Increased penalties for manufac- turers of legitimate products con- inserting ‘‘or listed chemical’’ after ‘‘sched- ture and possession of equip- ule I or II’’; and taining the precursor chemicals. ment used to make controlled (2) in paragraphs (1) and (2), by inserting In particular, I want to recognize the substances. ‘‘or chemical’’ after ‘‘substance’’. input from the Drug Enforcement Sec. 204. Addition of iodine and hydrochloric (b) UNLAWFUL MANUFACTURE OR DISTRIBU- Agency and Department of Justice, gas to list II. TION.—Paragraphs (1) and (2) of section who have been instrumental in the de- Sec. 205. Civil penalties for firms that sup- 1009(b) of the Controlled Substances Import velopment of a bill that we all can sup- ply precursor chemicals. and Export Act (21 U.S.C. 959(b)) are amend- Sec. 206. Injunctive relief. port. ed by inserting ‘‘or listed chemical’’ after Sec. 207. Restitution for cleanup of clandes- ‘‘controlled substance’’. I want to thank Senator BIDEN for tine laboratory sites. (c) PENALTIES.—Section 1010(d) of the Con- his leadership role in developing this Sec. 208. Record retention. trolled Substances Import and Export Act (21 bill and for his willingness to move for- Sec. 209. Technical amendments. U.S.C. 960(d)) is amended—

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8018 CONGRESSIONAL RECORD — SENATE July 17, 1996 (1) in paragraph (5), by striking ‘‘or’’ at the (3) comments and recommendations from there is a rebuttable presumption of reckless end; law enforcement, manufacturers of such disregard at trial if a firm distributes or con- (2) in paragraph (6), by striking the comma chemicals, and the consumers of such chemi- tinues to distribute a laboratory supply to a at the end and inserting ‘‘; or’’; and cals for legitimate, legal purposes. customer where the Attorney General has (3) by adding at the end the following: SEC. 203. INCREASED PENALTIES FOR MANUFAC- previously notified, at least two weeks be- ‘‘(7) manufactures, possesses with intent to TURE AND POSSESSION OF EQUIP- fore the transaction(s), the firm that a lab- distribute, or distributes a listed chemical in MENT USED TO MAKE CONTROLLED oratory supply sold by the firm, or any other violation of section 959 of this title.’’. SUBSTANCES. person or firm, has been used by that cus- (a) IN GENERAL.—Section 403(d) of the Con- TITLE II—PROVISIONS TO CONTROL THE tomer, or distributed further by that cus- trolled Substances Act (21 U.S.C. 843(d)) is MANUFACTURE OF METHAMPHETAMINE tomer, for the unlawful production of con- amended— trolled substances or listed chemicals.’’ SEC. 201. SEIZURE AND FORFEITURE OF REGU- (1) by striking ‘‘(d) Any person’’ and insert- (b) CIVIL PENALTY.—Section 402(c)(2) of the LATED CHEMICALS. ing ‘‘(d)(1) Except as provided in paragraph Controlled Substances Act (21 U.S.C. (a) PENALTIES FOR SIMPLE POSSESSION.— (2), any person’’; and 842(c)(2)) is amended by adding at the end the Section 404 of the Controlled Substances Act (2) by adding at the end the following: following: (21 U.S.C. 844) is amended— ‘‘(2) Any person who, with the intent to ‘‘(C) In addition to the penalties set forth (1) in subsection (a)— manufacture or facilitate to manufacture elsewhere in this title or title III, any busi- (A) by adding after the first sentence the methamphetamine, violates paragraph (6) or ness that violates paragraph (11) of sub- following: ‘‘It shall be unlawful for any per- (7) of subsection (a), shall be sentenced to a section (a) shall, with respect to the first son knowingly or intentionally to possess term of imprisonment of not more than 10 such violation, be subject to a civil penalty any list I chemical obtained pursuant to or years, a fine of not more than $30,000, or of not more than $250,000, but shall not be under authority of a registration issued to both; except that if any person commits such subject to criminal penalties under this sec- that person under section 303 of this title or a violation after one or more prior convic- tion, and shall, for any succeeding violation, section 1008 of title III if that registration tions of that person— be subject to a civil fine of not more than has been revoked or suspended, if that reg- ‘‘(A) for a violation of paragraph (6) or (7) $250,000 or double the last previously imposed istration has expired, or if the registrant has of subsection (a); penalty, whichever is greater.’’. ceased to do business in the manner con- ‘‘(B) for a felony under any other provision SEC. 206. INJUNCTIVE RELIEF. templated by his registration.’’; and of this subchapter or subchapter II of this (a) TEN-YEAR INJUNCTION MAJOR OF- (B) by striking ‘‘drug or narcotic’’ and in- chapter; or FENSES.—Section 401(f) of the Controlled serting ‘‘drug, narcotic, or chemical’’ each ‘‘(C) under any other law of the United place it appears; and Substances Act (21 U.S.C. 841(f)) is amended States or any State relating to controlled by— (2) in subsection (c), by striking ‘‘drug or substances or listed chemicals, narcotic’’ and inserting ‘‘drug, narcotic, or (1) inserting ‘‘manufacture, exportation,’’ has become final, such person shall be sen- chemical’’. after ‘‘distribution,’’; and tenced to a term of imprisonment of not (b) FORFEITURES.—Section 511(a) of the (2) striking ‘‘regulated’’. more than 20 years, a fine of not more than Controlled Substances Act (21 U.S.C. 881(a)) (b) TEN-YEAR INJUNCTION OTHER OF- $60,000, or both.’’. is amended— FENSES.—Section 403 of the Controlled Sub- (b) SENTENCING COMMISSION.—The United (1) in paragraphs (2) and (6), by inserting stances Act (21 U.S.C. 843) is amended— States Sentencing Commission shall amend ‘‘or listed chemical’’ after ‘‘controlled sub- (1) in subsection (e), by— the sentencing guidelines to ensure that the stance’’ each place it appears; and (A) inserting ‘‘manufacture, exportation,’’ manufacture of methamphetamine in viola- (2) in paragraph (9), by— after ‘‘distribution,’’; and tion of section 403(d)(2) of the Controlled (A) inserting ‘‘dispensed, acquired,’’ after (B) striking ‘‘regulated’’; and Substances Act, as added by subsection (a), ‘‘distributed,’’ both places it appears; and (2) by adding at the end the following: is treated as a significant violation. (B) striking ‘‘a felony provision of’’. ‘‘(f) INJUNCTIONS.—(1) In addition to any SEC. 204. ADDITION OF IODINE AND HYDRO- (c) SEIZURE.—Section 607 of the Tariff Act penalty provided in this section, the Attor- CHLORIC GAS TO LIST II. of 1930 (19 U.S.C. 1607) is amended— ney General is authorized to commence a (a) IN GENERAL.—Section 102(35) of the Con- (1) in subsection (a)(3), by inserting ‘‘or civil action for appropriate declaratory or trolled Substances Act (21 U.S.C. 802(35)) is listed chemical’’ after ‘‘controlled sub- injunctive relief relating to violations of this amended by adding the end the following: stance’’; and section or section 402. ‘‘(I) Iodine. (2) by amending subsection (b) to read as ‘‘(2) Any action under this subsection may ‘‘(J) Hydrochloric gas.’’. follows: be brought in the district court of the United (b) IMPORTATION REQUIREMENTS.—Iodine ‘‘(b) As used in this section, the terms States for the district in which the defend- shall not be subject to the requirements for ‘controlled substance’ and ‘listed chemical’ ant is located or resides or is doing business. listed chemicals provided in section 1018 of have the meaning given such terms in sec- ‘‘(3) Any order or judgment issued by the the Controlled Substances Import and Ex- tion 102 of the Controlled Substances Act (21 court pursuant to this subsection shall be port Act (21 U.S.C. 971). U.S.C. 802).’’. tailored to restrain violations of this section (2) EFFECT OF EXCEPTION.—The exception or section 402. SEC. 202. STUDY AND REPORT ON MEASURES TO made by paragraph (1) shall not limit the au- ‘‘(4) The court shall proceed as soon as PREVENT SALES OF AGENTS USED IN METHAMPHETAMINE PRODUC- thority of the Attorney General to impose practicable to the hearing and determination TION. the requirements for listed chemicals pro- of such an action. An action under this sub- (a) STUDY.—The Attorney General of the vided in section 1018 of the Controlled Sub- section is governed by the Federal Rules of United States shall conduct a study on pos- stances Import and Export Act (21 U.S.C. Civil Procedure except that, if an indictment sible measures to effectively prevent the di- 971). has been returned against the respondent, version of red phosphorous, iodine, hydro- SEC. 205. CIVIL PENALTIES FOR FIRMS THAT discovery is governed by the Federal Rules of chloric gas, and other agents for use in the SUPPLY PRECURSOR CHEMICALS. Criminal Procedure.’’. production of methamphetamine. Nothing in (a) OFFENSES.—Section 402(a) of the Con- SEC. 207. RESTITUTION FOR CLEANUP OF CLAN- this section shall preclude the Attorney Gen- trolled Substances Act (21 U.S.C. 842(a)) is DESTINE LABORATORY SITES. eral from taking any action the Attorney amended— Section 413 of the Controlled Substances General already is authorized to take with (1) in paragraph (9), by striking ‘‘or’’ after Act (21 U.S.C. 853) is amended by adding at regard to the regulation of listed chemicals the semicolon; the end the following: under current law. (2) in paragraph (10), by striking the period ‘‘(q) The court, when sentencing a defend- (b) REPORT.—Not later than January 1, and inserting ‘‘; or’’; and ant convicted of an offense under this title 1998, the Attorney General shall submit a re- (3) by adding at the end the following: or title III involving the manufacture of port to the Congress of its findings pursuant ‘‘(11) to distribute a laboratory supply to a methamphetamine, may— to the study conducted under subsection (a) person who uses, or attempts to use, that ‘‘(1) order restitution as provided in sec- on the need for and advisability of preven- laboratory supply to manufacture a con- tions 3612 and 3664 of title 18, United States tive measures. trolled substance or a listed chemical, in vio- Code; (c) CONSIDERATIONS.—In developing rec- lation of this title or title III, with reckless ‘‘(2) order the defendant to reimburse the ommendations under subsection (b), the At- disregard for the illegal uses to which such a United States for the costs incurred by the torney General shall consider— laboratory supply will be put. United States for the cleanup associated (1) the use of red phosphorous, iodine, hy- As used in paragraph (11), the term ‘labora- with the manufacture of methamphetamine drochloric gas, and other agents in the ille- tory supply’ means a listed chemical or any by the defendant; and gal manufacture of methamphetamine; chemical, substance, or item, on a special ‘‘(3) order restitution to any person injured (2) the use of red phosphorous, iodine, hy- surveillance list published by the Attorney as a result of the offense as provided in sec- drochloric gas, and other agents for legiti- General, which contains chemicals, products, tion 3663 of title 18, United States Code.’’. mate, legal purposes, and the impact any materials, or equipment used in the manu- SEC. 208. RECORD RETENTION. regulations may have on these legitimate facture of controlled substances and listed Section 310(a)(1) of the Controlled Sub- purposes; and chemicals. For purposes of paragraph (11), stances Act (21 U.S.C. 830(a)(1)) is amended

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8019 by striking the dash after ‘‘transaction’’ and responding to the quantity of controlled sub- ing ‘‘, pseudoephedrine or its salts, optical subparagraphs (A) and (B) and inserting ‘‘for stance that could have been produced under isomers, or salts of optical isomers, or phen- two years after the date of the transaction.’’. subsection (b).’’. ylpropanolamine or its salts, optical iso- SEC. 209. TECHNICAL AMENDMENTS. (b) CONTROLLED SUBSTANCE IMPORT AND EX- mers, or salts of optical isomers unless oth- Section 102 of the Controlled Substances PORT ACT.—Section 1010(d) of the Controlled erwise provided by regulation of the Attor- Act (21 U.S.C. 802) is amended— Substance Import and Export Act (21 U.S.C. ney General issued pursuant to section 204(e) (1) in paragraph (34), by amending subpara- 960(d)) is amended by striking the period and of this title;’’; and graphs (P), (S), and (U) to read as follows: inserting the following: ‘‘, or, with respect to (2) in subparagraph (A)(iv)(II), by inserting ‘‘(P) Iso safrole. an importation violation of paragraph (1) or ‘‘, pseudoephedrine, phenylpropanolamine,’’ ‘‘(S) N–Methylephedrine. (3) of this subsection involving a list I chem- after ‘‘ephedrine’’. ‘‘(U) Hydriodic acid.’’; and ical, if the government proves the quantity (b) LEGITIMATE RETAILERS.—Section 102 of (2) in paragraph (35), by amending subpara- of controlled substance that could reason- the Controlled Substances Act (21 U.S.C. 802) graph (G) to read as follows: ably have been manufactured in a clandes- ‘‘(G) 2–Butanone (or Methyl Ethyl Ke- tine setting using the quantity of list I is amended— tone).’’. chemicals imported, the penalty cor- (1) in paragraph (39)(A)(iv)(I)(aa), by adding before the semicolon the following: ‘‘, except TITLE III—INCREASED PENALTIES FOR responding to the quantity of controlled sub- that any sale of ordinary over-the-counter TRAFFICKING AND MANUFACTURE OF stance that could have been produced under pseudoephedrine or phenylpropanolamine METHAMPHETAMINE AND PRECURSORS title II.’’. (c) DETERMINATION OF QUANTITY.— products by retail distributors shall not be a SEC. 301. TRAFFICKING IN METHAMPHETAMINE N GENERAL regulated transaction (except as provided in PENALTY INCREASES. (1) I .—For the purposes of this section and the amendments made by this section 401(d) of the Comprehensive Meth- (a) CONTROLLED SUBSTANCES ACT.— section, the quantity of controlled substance amphetamine Control Act of 1996)’’; (1) LARGE AMOUNTS.—Section (2) in paragraph (39)(A)(iv)(II), by adding 401(b)(1)(A)(viii) of the Controlled Substances that could reasonably have been provided before the semicolon the following: ‘‘, except Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended shall be determined by using a table of man- that any sale of products containing by— ufacturing conversion ratios for list I chemi- pseudoephedrine or phenylpropanolamine, (A) striking ‘‘100 grams or more of meth- cals. other than ordinary over-the-counter amphetamine,’’ and inserting ‘‘50 grams or (2) TABLE.—The table shall be— pseudoephedrine or phenylpropanolamine more of methamphetamine,’’; and (1) established by the United States Sen- products, by retail distributors shall not be a (B) striking ‘‘1 kilogram or more of a mix- tencing Commission based on scientific, law regulated transaction if the distributor’s ture or substance containing a detectable enforcement, and other data the Sentencing amount of methamphetamine’’ and inserting Commission deems appropriate; and sales are limited to less than the threshold ‘‘500 grams or more of a mixture or sub- (2) dispositive of this issue. quantity of 24 grams of pseudoephedrine or stance containing a detectable amount of SEC. 303. ENHANCED PENALTY FOR DANGEROUS 24 grams of phenylpropanolamine in each methamphetamine’’. HANDLING OF CONTROLLED SUB- single transaction’’; STANCES: AMENDMENT OF SEN- (3) by redesignating paragraph (43) relating (2) SMALLER AMOUNTS.—Section TENCING GUIDELINES. 401(b)(1)(B)(viii) of the Controlled Substances to felony drug abuse as paragraph (44); and (a) IN GENERAL.—Pursuant to its authority Act (21 U.S.C. 841(b)(1)(B)(viii)) is amended (4) by adding at the end the following: under section 994 of title 28, United States by— ‘‘(45) The term ‘ordinary over-the-counter Code, the United States Sentencing Commis- (A) striking ‘‘10 grams or more of meth- pseudoephedrine or phenylpropanolamine sion shall determine whether the Sentencing amphetamine,’’ and inserting ‘‘5 grams or product’ means any product containing Guidelines adequately punish the offenses more of methamphetamine,’’; and pseudoephedrine or phenylpropanolamine described in subsection (b) and, if not, pro- (B) striking ‘‘100 grams or more of a mix- that is— mulgate guidelines or amend existing guide- ture or substance containing a detectable ‘‘(A) regulated pursuant to this title; and lines to provide an appropriate enhancement amount of methamphetamine’’ and inserting ‘‘(B)(i) except for liquids, sold in package of the punishment for a defendant convicted ‘‘50 grams or more of a mixture or substance sizes of not more than 3.0 grams of of such an offense. containing a detectable amount of meth- pseudoephedrine base or 3.0 grams of phenyl- (b) OFFENSE.—The offense referred to in propanolamine base, and that is packaged in amphetamine’’. subsection (a) is a violation of section 401(d), (b) IMPORT AND EXPORT ACT.— blister packs, each blister containing not 401(g)(1), 403(a)(6), or 403(a)(7) of The Con- (1) LARGE AMOUNTS.—Section 1010(b)(1)(H) more than two dosage units, or where the use trolled Substances Act (21 U.S.C. 841(d), of the Controlled Substances Import and Ex- of blister packs is technically infeasible, 841(g)(1), 843(a)(6), and 843(a)(7)), in cases in port Act (21 U.S.C. 960(b)(1)(H)) is amended that is packaged in unit dose packets or which in the commission of the offense the by— pouches; and defendant violated— (A) striking ‘‘100 grams or more of meth- ‘‘(ii) for liquids, sold in package sizes of (1) subsection (d) or (e) of section 3008 of amphetamine,’’ and inserting ‘‘50 grams or not more than 3.0 grams of pseudoephedrine the Solid Waste Disposal Act (relating to more of methamphetamine,’’; and base or 3.0 grams of phenylpropanolamine handling hazardous waste in a manner incon- (B) striking ‘‘1 kilogram or more of a mix- base. sistent with Federal or applicable State ture or substance containing a detectable ‘‘(46)(A) The term ‘retail distributor’ law); amount of methamphetamine’’ and inserting means— (2) section 103(b) of the Comprehensive En- ‘‘500 grams or more of a mixture or sub- ‘‘(i) with respect to an entity that is a gro- vironmental Response, Compensation and Li- stance containing a detectable amount of cery store, general merchandise store, or ability Act (relating to failure to notify as to methamphetamine’’. drug store, a distributor whose activities re- the release of a reportable quantity of a haz- (2) SMALLER AMOUNTS.—Section lating to pseudoephedrine or phenyl- ardous substance into the environment); 1010(b)(2)(H) of the Controlled Substances propanolamine products are limited almost (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), Import and Export Act (21 U.S.C. 960(b)(2)(H)) exclusively to sales, both in number of sales 311(b)(3), or 311(b)(5) of the Federal Water is amended by— and volume of sales, directly to walk-in cus- Pollution Control Act (relating to the unlaw- (A) striking ‘‘10 grams or more of meth- tomers; and ful discharge of pollutants or hazardous sub- amphetamine,’’ and inserting ‘‘5 grams or ‘‘(ii) with respect to any other entity, a stances, the operation of a source in viola- more of methamphetamine,’’; and distributor whose activities relating to ordi- tion of a pretreatment standard, and the fail- (B) striking ‘‘100 grams or more of a mix- nary over-the-counter pseudoephedrine or ure to notify as to the release of a reportable ture or substance containing a detectable phenylpropanolamine products are limited quantity of a hazardous substance into the amount of methamphetamine’’ and inserting primarily to sales directly to walk-in cus- water); or ‘‘50 grams or more of a mixture or substance tomers for personal use. (4) section 5124 of title 49, United States containing a detectable amount of meth- ‘‘(B) For purposes of this paragraph, sale Code (relating to violations of laws and regu- amphetamine’’. for personal use means the sale of below- lations enforced by the Department of Trans- threshold quantities in a single transaction SEC. 302. PENALTY INCREASES FOR TRAF- portation with respect to the transportation FICKING IN LISTED CHEMICALS. to an individual for legitimate medical use. of hazardous material). (a) CONTROLLED SUBSTANCES ACT.—Section ‘‘(C) For purposes of this paragraph, enti- 401(d) of the Controlled Substances Act (21 TITLE IV—LEGAL MANUFACTURE, DIS- ties are defined by reference to the Standard U.S.C. 841(d)) is amended by striking the pe- TRIBUTION, AND SALE OF PRECURSOR Industrial Classification (SIC) code, as fol- riod and inserting the following: ‘‘or, with CHEMICALS lows: respect to a violation of paragraph (1) or (2) SEC. 401. DIVERSION OF CERTAIN PRECURSOR ‘‘(i) A grocery store is an entity within SIC of this subsection involving a list I chemical, CHEMICALS. code 5411. if the government proves the quantity of (a) IN GENERAL.—Section 102(39) of the Con- ‘‘(ii) A general merchandise store is an en- controlled substance that could reasonably trolled Substances Act (21 U.S.C. 802(39)) is tity within SIC codes 5300 through 5399 and have been manufactured in a clandestine set- amended— 5499. ting using the quantity of list I chemicals (1) in subparagraph (A)(iv)(I)(aa), by strik- ‘‘(iii) A drug store is an entity within SIC possessed or distributed, the penalty cor- ing ‘‘as’’ through the semicolon and insert- code 5912.’’.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8020 CONGRESSIONAL RECORD — SENATE July 17, 1996

(c) REINSTATEMENT OF LEGAL DRUG EXEMP- over-the-counter phenylpropanolamine prod- TITLE V—EDUCATION AND RESEARCH TION.—Section 204 of the Controlled Sub- ucts as established in paragraph (45) of sec- SEC. 501. INTERAGENCY METHAMPHETAMINE stances Act (21 U.S.C. 814) is amended by tion 102 of the Controlled Substances Act (21 TASK FORCE. adding at the end the following new sub- U.S.C. 802(45)), as added by this Act, sold by (a) ESTABLISHMENT.—There is established a section: retail distributors as established in para- ‘‘Methamphetamine Interagency Task ‘‘(e) REINSTATEMENT OF EXEMPTION WITH graph (46) in section 102 of the Controlled Force’’ (referred to as the ‘‘interagency task RESPECT TO EPHEDRINE, PSEUDOEPHEDRINE, Substances Act (21 U.S.C. 802(46)), are being force’’) which shall consist of the following AND PHENYLPROPANOLAMINE DRUG PROD- used as a significant source of precursor members: UCTS.—The Attorney General shall by regu- chemicals for illegal manufacture of a con- (1) The Attorney General, or a designee, lation reinstate the exemption with respect trolled substance in bulk. who shall serve as chair. to a particular ephedrine, pseudoephedrine, (B) VIOLATION.—Any individual or business (2) 2 representatives selected by the Attor- or phenylpropanolamine drug product if the that violates the thresholds established in ney General. Attorney General determines that the drug this paragraph shall, with respect to the first (3) The Secretary of Education or a des- product is manufactured and distributed in a such violation, receive a warning letter from ignee. manner that prevents diversion. In making the Attorney General and, if a business, the (4) The Secretary of Health and Human this determination the Attorney General business shall be required to conduct manda- Services or a designee. shall consider the factors listed in subsection tory education of the sales employees of the (5) 2 representatives of State and local law (d)(2). Any regulation issued pursuant to this firm with regard to the legal sales of enforcement and regulatory agencies, to be subsection may be amended or revoked based pseudoephedrine. For a second violation oc- selected by the Attorney General. on the factors listed in subsection (d)(4).’’. (d) REGULATION OF RETAIL SALES.— curring within 2 years of the first violation, (6) 2 representatives selected by the Sec- (1) PSEUDOEPHEDRINE.— the business or individual shall be subject to retary of Health and Human Services. (A) LIMIT.— a civil penalty of not more than $5,000. For (7) 5 nongovernmental experts in drug (i) IN GENERAL.—Not sooner than the effec- any subsequent violation occurring within 2 abuse prevention and treatment to be se- tive date of this section and subject to the years of the previous violation, the business lected by the Attorney General. requirements of clause (ii), the Attorney or individual shall be subject to a civil pen- (b) RESPONSIBILITIES.—The interagency General may establish by regulation a sin- alty not to exceed the amount of the pre- task force shall be responsible for designing, gle-transaction limit of 24 grams of vious civil penalty plus $5,000. implementing, and evaluating the education pseudoephedrine base for retail distributors. (3) DEFINITION OF BUSINESS.—For purposes and prevention and treatment practices and Notwithstanding any other provision of law, of this subsection, the term ‘‘business’’ strategies of the Federal Government with the single-transaction threshold quantity for means the entity that makes the direct sale respect to methamphetamine and other syn- pseudoephedrine-containing compounds may and does not include the parent company of thetic stimulants. (c) MEETINGS.—The interagency task force not be lowered beyond that established in a business not involved in a direct sale regu- lated by this subsection. shall meet at least once every 6 months. this paragraph. (d) FUNDING.—The administrative expenses (ii) CONDITIONS.—In order to establish a (4) JUDICIAL REVIEW.—Any regulation pro- mulgated by the Attorney General under of the interagency task force shall be paid single-transaction limit of 24 grams of out of existing Department of Justice appro- pseudoephedrine base, the Attorney General this section shall be subject to judicial re- view pursuant to section 507 of the Con- priations. shall establish, following notice, comment, (e) FACA.—The Federal Advisory Com- trolled Substances Act (21 U.S.C. 877). and an informal hearing that since the effec- mittee Act (5 U.S.C. App. 2) shall apply to tive date of this section there are a signifi- (e) EFFECT ON THRESHOLDS.—Nothing in the interagency task force. cant number of instances where ordinary the amendments made by subsection (b) or (f) TERMINATION.—The interagency task over-the-counter pseudoephedrine products the provisions of subsection (d) shall affect force shall terminate 4 years after the date as established in paragraph (45) of section 102 the authority of the Attorney General to of enactment of this Act. of the Controlled Substances Act (21 U.S.C. modify thresholds (including cumulative SEC. 502. PUBLIC HEALTH MONITORING. 802 (45)), as added by this Act, sold by retail thresholds) for retail distributors for prod- The Secretary of Health and Human Serv- distributors as established in paragraph (46) ucts other than ordinary over-the-counter ices shall develop a public health monitoring in section 102 of the Controlled Substances pseudoephedrine or phenylpropanolamine program to monitor methamphetamine Act (21 U.S.C. 802(46)), are being used as a products (as defined in section 102(45) of the abuse in the United States. The program significant source of precursor chemicals for Controlled Substances Act, as added by this shall include the collection and dissemina- illegal manufacture of a controlled sub- section) or for non-retail distributors, im- tion of data related to methamphetamine stance in bulk. porters, or exporters. abuse which can be used by public health of- (B) VIOLATION.—Any individual or business ficials in policy development. (f) EFFECTIVE DATE OF THIS SECTION.—Not- that violates the thresholds established in SEC. 503. PUBLIC-PRIVATE EDUCATION PRO- this paragraph shall, with respect to the first withstanding any other provision of this Act, GRAM. such violation, receive a warning letter from this section shall not apply to the sale of any (a) ADVISORY PANEL.—The Attorney Gen- the Attorney General and, if a business, the over-the-counter pseudoephedrine or phenyl- eral shall establish an advisory panel con- business shall be required to conduct manda- propanolamine product initially introduced sisting of an appropriate number of rep- tory education of the sales employees of the into interstate commerce prior to 9 months resentatives from Federal, State, and local firm with regard to the legal sales of after the date of enactment of this Act. law enforcement and regulatory agencies pseudoephedrine. For a second violation oc- SEC. 402. MAIL ORDER RESTRICTIONS. with experience in investigating and pros- curring within 2 years of the first violation, ecuting illegal transactions of precursor the business or individual shall be subject to Section 310(b) of the Controlled Substances chemicals. The Attorney General shall con- a civil penalty of not more than $5,000. For Act (21 U.S.C. 830(b)) is amended by adding at vene the panel as often as necessary to de- any subsequent violation occurring within 2 the end the following: velop and coordinate educational programs years of the previous violation, the business ‘‘(3) MAIL ORDER REPORTING.—(A) Each reg- for wholesale and retail distributors of pre- or individual shall be subject to a civil pen- ulated person who engages in a transaction cursor chemicals and supplies. alty not to exceed the amount of the pre- with a nonregulated person which— (b) CONTINUATION OF CURRENT EFFORTS.— vious civil penalty plus $5,000. ‘‘(i) involves ephedrine, pseudoephedrine, The Attorney General shall continue to— (2) PHENYLPROPANOLAMINE.— or phenylpropanolamine (including drug (1) maintain an active program of seminars (A) LIMIT.— products containing these chemicals); and and training to educate wholesale and retail (i) IN GENERAL.—Not sooner than the effec- ‘‘(ii) uses or attempts to use the Postal distributors of precursor chemicals and sup- tive date of this section and subject to the Service or any private or commercial car- plies regarding the identification of sus- requirements of clause (ii), the Attorney rier; picious transactions and their responsibility General may establish by regulation a sin- shall, on a monthly basis, submit a report of to report such transactions; and gle-transaction limit of 24 grams of phenyl- each such transaction conducted during the (2) provide assistance to State and local propanolamine base for retail distributors. previous month to the Attorney General in law enforcement and regulatory agencies to Notwithstanding any other provision of law, such form, containing such data, and at such facilitate the establishment and mainte- the single-transaction threshold quantity for times as the Attorney General shall estab- nance of educational programs for distribu- phenylpropanolamine-containing compounds lish by regulation. tors of precursor chemicals and supplies. may not be lowered beyond that established ‘‘(B) The data required for such reports SEC. 504. SUSPICIOUS ORDERS TASK FORCE. in this paragraph. shall include— (a) IN GENERAL.—The Attorney General (ii) CONDITIONS.—In order to establish a ‘‘(i) the name of the purchaser; shall establish a ‘‘Suspicious Orders Task single-transaction limit of 24 grams of phen- ‘‘(ii) the quantity and form of the ephed- Force’’ (the ‘‘Task Force’’) which shall con- ylpropanolamine base, the Attorney General rine, pseudoephedrine, or phenylpropanola- sist of— shall establish, following notice, comment, mine purchased; and (1) appropriate personnel from the Drug and an informal hearing, that since the effec- ‘‘(iii) the address to which such ephedrine, Enforcement Administration (the ‘‘DEA’’) tive date of this section there are a signifi- pseudoephedrine, or phenylpropanolamine and other Federal, State, and local law en- cant number of instances where ordinary was sent.’’. forcement and regulatory agencies with the

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8021 experience in investigating and prosecuting emergency room because of meth- Finally, we require Federal, State illegal transactions of listed chemicals and amphetamine. A survey of high school and local law enforcement and public supplies; and seniors, which only measures the use of health officials to stay ahead of any (2) representatives from the chemical and ‘‘ice’’—a fraction of the methamphet- potential growth in the methamphet- pharmaceutical industry. (b) RESPONSIBILITIES.—The Task Force amine market—found that in 1995 86,000 amine epidemic by creating national shall be responsible for developing proposals 12th graders had used ‘‘ice’’ in the past working groups on the protecting the to define suspicious orders of listed chemi- year, 39,000 had used it in the past public from the dangers of meth- cals, and particularly to develop quantifiable month, and 3,600 reported using ‘‘ice’’ amphetamine production, trafficking, parameters which can be used by registrants daily. This same survey found that and abuse. in determining if an order is a suspicious only 54 percent of high school seniors The Hatch-Biden bill addresses all of order which must be reported to DEA. The perceived great risk in trying ‘‘ice’’— the needs with a fair balance between quantifiable parameters to be addressed will down from 62 percent in 1990. And 27 the needs of manufacturers and con- include frequency of orders, deviations from percent of these children said it would prior orders, and size of orders. The Task sumers of legitimate products which Force shall also recommend provisions as to be easy for them to get ‘‘ice’’ if they contain methamphetamine precursor what types of payment practices or unusual wanted it. chemicals and the need to protect the business practices shall constitute prima The cause for concern over a meth- public by instituting harsh penalties facie suspicious orders. In evaluating the amphetamine epidemic is further for any and all methamphetamine-re- proposals, the Task Force shall consider ef- fueled by drug-related violence—again lated activities. fectiveness, cost and feasibility for industry something we saw during the crack and government, an other relevant factors. This legislation is the crucial, com- era—that we can expect to flourish prehensive tool we need to stay ahead (c) MEETINGS.—The Task Force shall meet with methamphetamine as well. Put- of the methamphetamine epidemic and at least two times per year and at such other ting the problem in perspective, drug times as may be determined necessary by the to avoid the mistakes made during the experts claim that ‘‘ice surpasses PCP Task Force. early stages of the crack-cocaine explo- in inducing violent behavior.’’ (d) REPORT.—The Task Force shall present sion. a report to the Attorney General on its pro- In addition to the violence—both ran- I want to thank Senator HATCH and posals with regard to suspicious orders and dom and irrational—associated with the electronic reporting of suspicious orders methamphetamine users, there is also my other colleagues who share my de- within one year of the date of enactment of the enormous problem of violence sire to move now on the problem of this Act. Copies of the report shall be for- among methamphetamine traffickers methamphetamine. I also want to warded to the Committees of the Senate and and the environmental and life-threat- thank the Clinton administration, House of Representatives having jurisdiction ening conditions endemic in the clan- which also was determined to act now over the regulation of listed chemical and destine labs where methamphetamine on this issue and worked with us in de- controlled substances. veloping several of the provisions in (e) FUNDING.—The administrative expenses is produced. of the Task Force shall be paid out of exist- The bill we are now introducing ad- this bill. ing Department of Justice funds. dresses all of the dangers of meth- I urge all my colleagues to join us in (f) FACA.—The Federal Advisory Com- amphetamine and takes bold actions to protecting our children and our society mittee Act (5 U.S.C. App. 2) shall apply to stop this potential epidemic in its from the devastations of methamphet- the Task Force. tracks. The Hatch-Biden methamphet- amine by supporting this vital legisla- (g) TERMINATION.—The Task Force shall amine enforcement bill will take six tion. terminate upon presentation of its report to the Attorney General, or two years after the major steps toward cracking down on Mr. WYDEN. Mr. President, I rise date of enactment of this Act, whichever is methamphetamine production, traf- today to join my colleagues, Senator sooner. ficking, and use, particularly use by HATCH, Senator BIDEN, and others to Mr. BIDEN. Mr. President, the story the most vulnerable population threat- introduce the Comprehensive Meth- of our failure to foresee—and prevent— ened by this drug—our young people. amphetamine Control Act of 1996. First and foremost, we increase pen- the crack cocaine epidemic is one of Methamphetamine is one of the most alties for possessing and trafficking in the most significant public policy mis- insidious drugs to hit the streets in methamphetamine. takes in modern history. Although decades. In a few short years in Oregon, Second, we crack down on meth- methamphetamine has become the sec- warning signs of an outbreak flared amphetamine producers and traffickers over several years, few took action ond most frequently detected drug in by increasing the penalties for the il- workplace drug testing and in motor until it was too late. licit possession and trafficking of the We now face similar warning signs vehicle driver drug checks. This drug precursor chemicals and equipment has become not only a scourge on Or- with another drug—methamphetamine. used to manufacture methamphet- Without swift action now, history may egon’s streets, increasing crime and amine. creating toxic environmental hazards repeat itself. Third, we increase the reporting re- in the labs where it is produced, but So today, Senator HATCH and I, along quirements and restrictions on the le- has repercussions throughout the so- with Senators FEINSTEIN, SPECTER, gitimate sales of products containing cial services system as well. Foster HARKIN, WYDEN, D’AMATO, and DEWINE these precursor chemicals in order to care caseloads have increased because are introducing legislation to address prevent their diversion, and we impose of the meth epidemic, and drug treat- this new emerging drug epidemic be- even greater requirements on all firms fore it is too late. which sell these products by mail. This ment centers are struggling with rising Within the past few years the produc- includes the use of civil penalties and numbers of people needing help to es- tion and use of methamphetamine have injunctions to stop legitimate firms cape the effects of this highly addictive risen dramatically. Newspaper and from recklessly providing precursor and damaging drug. media reports over the past few months chemicals to methamphetamine manu- According to Sheriff Robert Kennedy, have highlighted these increases. I facturers. who serves the State in Jackson Coun- have been tracking this development Fourth, we address the international ty in southwestern Oregon, meth- and pushing legislation to increase nature of methamphetamine manufac- amphetamine arrests in his county Federal penalties and strengthen Fed- ture and trafficking by coordinating have increased 1,100 percent in the past eral laws against methamphetamine international enforcement efforts and 5 years. This drug has become an urban production, trafficking, and use since strengthening provisions against the il- and rural problem, and is being abused 1990. legal importation of methamphetamine across the economic and social spec- And what I and others have found is and precursor chemicals. trum. Statewide, the Oregon Narcotics alarming: From 1991 to 1994 meth- Fifth, we ensure that methamphet- Enforcement Association and others amphetamine-related emergency room amine manufacturers who endanger the have joined together to fight the public episodes increased 256 percent—the in- life on any individual or endanger the safety and health problems associated crease from 1993 to 1994 alone was 75 environment while making meth- with methamphetamine. percent—with more than 17,000 people amphetamine will receive enhanced From the problems associated with overdosing and being brought to the prison sentences. cleaning up labs, to stopping the influx

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8022 CONGRESSIONAL RECORD — SENATE July 17, 1996 of Mexican-manufactured methamphet- wasn’t the kind of publicity I want to skyrocketing new challenge. That’s amine from coming into Oregon, law see our State receive. The article high- why I am working hard to increase the enforcement officials across the State lighted a problem that is exploding arsenal in Iowa’s fight against meth have told me that meth is quickly be- around Iowa—the growing use of the and to help our law enforcement on the coming a major problem demanding drug methamphetamine, commonly frontlines. high priority. known as meth or crank. Several years ago, Congress created That is why I am pleased today to There’s no doubt that meth has in- the High Intensity Drug Trafficking join in the effort to help the country’s vaded our State with a fury. The sta- Area initiative to provide added re- law enforcement officers fight the tistics tell the tragic story. More than sources to highly affected areas. The methamphetamine epidemic. The Com- 35 percent of new incarcerations in program has proven useful, but it has prehensive Methamphetamine Control Iowa involve meth. Federal meth- been limited to urban areas such as Act takes on the battle against the amphetamine investigations have dou- Miami and Philadelphia. drug on a number of fronts. bled and meth arrests have more than I believe that it’s time to apply this To combat the precursor drugs manu- tripled over the past 2 years. The Divi- model to help Iowa and surrounding factured across the border in Mexico, sion of Iowa Narcotics Enforcement Midwestern States to combat the large this legislation includes a long-arm has reported a nearly 400-percent in- methamphetamine trafficking net- provision that allows the United States crease in meth seizures in a 1-year pe- works, curtail sale and distribution of to prosecute people who manufacture riod. And in our largest city of Des the narcotic and reduce related vio- methamphetamine precursor chemi- Moines, meth seizures increased more lence. This would open the door for the cals, with an intent to import them than 4,000 percent. hiring of additional field investigators, into our country. The number of labs producing meth chemists, prosecutors and other law Here at home, the bill significantly has also increased dramatically. And enforcement personnel specifically tar- increases penalties for illegal traf- many of the traffickers are illegal geted to the methamphetamine prob- ficking in methamphetamine. Pen- aliens from Mexico, presenting addi- lem. alties for methamphetamine traf- tional problems and burdens on law en- I recently wrote to National Drug ficking have been too low for too long. forcement. This is especially chal- Control Policy Director, Gen. Barry This bill will make drug dealers think lenging because Iowa currently has no McCaffrey, outlining just such a plan. twice by making penalties for dealing Immigration and Naturalization Serv- Because of the urgent need I proposed a methamphetamine comparable to ice office. $7 million increase in resources to those for crack cocaine. Meth is now termed Iowa’s ‘‘drug of begin such an initiative. I will continue The legislation also cracks down on choice.’’ And unfortunately, its spread to work with Director McCaffrey and trafficking in the precursor chemicals has left no part of our State un- my colleagues on the appropriations used to produce methamphetamine, in- touched. committee to make this a reality. creasing penalties and allowing law en- In a word, meth is poison. It destroys People in Iowa have worked hard to forcement increased flexibility to ob- lives, families, and communities. The cultivate a good quality of life. They tain injunctions to stop the production experts describe methamphetamine as have worked hard to make their com- and sale of precursor chemicals when a synthetic central nervous system munities a place to raise a family, a an individual or company knowingly stimulant—the strongest and most in- safe place, a decent place, but drug sells these chemicals to methamphet- tense of the amphetamine group. A dealers are planting the seeds of de- amine dealers. leading Iowa doctor referred to meth as struction and are wreaking havoc on Finally, the act addresses the prob- the most malignant, addictive drug small towns and rural communities all lem that many methamphetamine pro- known to mankind. over America. ducers use legal, over-the-counter Meth is a killer. It causes brain, We must win back our communities drugs, containing precursor chemicals, heart, liver, and kidney damage. It and we must fight back. It’s a question to manufacture methamphetamine. breaks down the immune system and of priorities and the determination to The bill will confront this in a direct often leads to paranoid psychosis, vio- defend our homes from a threat that is way by limiting bulk quantities of lent behavior, and death. right down the street, not halfway these drugs that can be sold over the The narcotic is primarily used by around the world. counter and, at the same time, cre- young male adults. But experts have Mr. D’AMATO. Mr. President, I rise ating a safe harbor for retailers so found that a growing number of women today to join my colleagues in intro- smaller quantities of the drugs can be and teens are now turning to meth. ducing a bill that will combat a plague sold to consumers who need unimpeded A majority of Iowa law enforcement on our citizens and communities: access to these helpful and commonly officials responding to a recent Gov- methamphetamine. used products. ernor’s Alliance on Substance Abuse Methamphetamine is an addictive According to the Drug Enforcement Survey ranked meth as the No. 1 prob- synthetic drug, used by an increasing Agency, every 4 hours, an illicit lab lematic drug in their area. number of students and young profes- can produce a quarter pound of meth- The legislation we are introducing sionals. Methamphetamine abuse is amphetamine that sells for $2,000. today will help States like Iowa fight now the fourth cause of emergency These labs can be set up anywhere—in back. The Comprehensive Methamphet- room visits in this country. Clearly, an cars, hotel rooms, and abandoned amine Enforcement Act of 1996 cracks epidemic has arisen in the United buildings. Their byproducts pollute the down on the use and manufacture of States. area of the lab with carcinogenic tox- methamphetamine by increasing the In the early 1990’s, emergency room ins and, often times, these dangerous sentencing scheme to be comparable to episodes caused by methamphetamine chemicals are dumped by the side of crack cocaine. It also goes after the use rose 350 percent, while deaths near- the road, in waterways or in other pub- precursor chemicals and equipment ly tripled, according to the DEA. lic areas. used to manufacture methamphet- While methamphetamine use has in- It is time for Congress to join in the amine as well as companies who inten- creased dramatically in the Southwest fight against this drug that pollutes tionally sell chemicals for manufacture and Midwest regions of this country, our communities, drives crime and vio- of meth. The bill also includes public officials have recognized a trend show- lence, and floods our social services health monitoring and a task force and ing that the methamphetamine trade is systems. I am pleased to join in this ef- advisory panel for public education. moving eastward. The whole country is fort, and I commend my colleagues for This legislation will complement an- at risk. their bipartisan efforts and hard work other initiative I have been working The growing methamphetamine trade in crafting this important piece of leg- on. I have spent a lot of time with demands immediate and tough action, islation. local, State, and Federal law enforce- especially against the traffickers that Mr. HARKIN. Mr. President, in Feb- ment officials in Iowa who tell me that are selling this poison to our children. ruary, Iowa was featured on the front they simply don’t have the resources This bill is a sound response to the page of the New York Times—but it necessary to adequately tackle this emerging epidemic.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8023 As methamphetamine abuse has ex- leagues to support this bill and urge its gency rooms, and our morgues. We perienced a massive growth, the purity immediate passage. must do everything we can to with- of the drug has increased to the highest Mr. KYL. Mr. President, meth- stand this tide of poison. America can’t potency in 12 years. And not only has amphetamine is, if not the most dan- afford another epidemic like crack, the methamphetamine itself changed gerous drug in America today, one of which destroyed countless individuals, in the past few years, but so has the the fastest spreading. In Western families, and communities. traffickers. Mexico-based criminal or- States, meth is already the crack epi- ganizations have mostly replaced the demic of the 1990’s. By Mr. CAMPBELL (for himself, outlaw motorcycle gangs who had mo- Meth is cheap, easy to manufacture, Mr. CHAFEE and Ms. MOSELEY- nopolized the methamphetamine pro- and readily available. The drug is a BRAUN): duction and distribution. synthetic compound that stimulates S. 1966. A bill to extend the legisla- These Mexican drug traffickers are the central nervous system and causes tive authority for the Black Revolu- self-sufficient in all aspects of the psychosis, paranoid delusions, and acts tionary War Patriots Foundation to es- methamphetamine production and of violence. tablish a commemorative work; to the trade. They are able to purchase the The drug is most prevalent in four Committee on Energy and Natural Re- precursor drugs internationally, Western cities—Phoenix, Los Angeles, sources. produce the drug, and transport the San Diego, and San Francisco. The THE BLACK REVOLUTIONARY WAR PATRIOTS methamphetamine across the border damage the drug has caused in Arizona MEMORIAL ACT OF 1996 into the U.S. It differs from the cocaine is startling. Phoenix police attribute Mr. CAMPBELL. Mr. President, on trade in that the Mexican criminal meth use as a factor in the 40 percent behalf of myself and my distinguished groups can operate this trade without jump in homicides in 1994. Meth-re- colleagues, Senator CHAFEE and Sen- sharing profits with the Colombian car- lated deaths in Phoenix have soared ator MOSELEY-BRAUN, today I intro- tels. from 11 in 1991 to 122 in 1994. According According to a Justice report, the duce legislation that seeks to extend to the Arizona Criminal Justice Com- the legislative authority for the con- seizure of methamphetamine from mission, 1 in 17 Arizona high school Mexico to the U.S. rose dramatically struction of the Black Revolutionary students reported using meth in the War Patriots Memorial and for the from 6.5 kilograms in 1992 to 306 kilo- last 30 days. The drug is also behind grams in 1993 to a whopping 653 kilo- Foundation raising funds to construct the headlines of several horrific crimes the memorial. grams in 1995. That is an increase of that have occurred in the State. Mr. President, in 1986, the Congress 1,000 percent in just 3 years. Arizona has taken action, and a enacted and President Reagan signed In response to the sudden and dra- methamphetamine bill offered by State into law legislation establishing a matic increase in the trafficking of Representative Paul Mortenson, passed Black Revolutionary War Patriots Me- methamphetamine across the southern the legislature in Phoenix and was morial, a memorial to honor the more border, this bill will impose penalties signed into law by Governor Syming- than 5,000 African-Americans who of up to 10 years for the manufacturing ton this April. The bill increases the fought for this country during the Rev- of precursor drugs with the intent of penalties for those who produce and importing it into this country. olutionary War. In order to appro- sell the drug, and criminalizes the pos- The salient points of this bill include: priately recognize the bravery and sac- session of equipment or chemicals used One, enhanced penalties for the manu- rifice of these honorable and distin- in the manufacture of dangerous drugs. facture and possession of the equip- guished patriots, Public Law 99–558 Appropriately, the U.S. Senate, in a ment used to make the controlled sub- sought to establish a suitable memo- bipartisan fashion, is addressing the stances; two, seizure and forfeiture of rial, a monument which will be located methamphetamine explosion. I would trafficking in precursor chemicals; and on the Mall here in Washington, DC. particularly like to point out the fine three, provides the Attorney General When complete, the memorial will be work of Senator FEINSTEIN on this with the authority to shut down the the first monument on the Mall to be issue. Senator FEINSTEIN introduced production and sale of the precursor dedicated solely to the accomplish- the predecessor to this bill, and last chemicals if the individual or company ments of African-Americans. month successfully amended a defense knowingly sell the precursor in order The centerpiece of P.L. 99–558 was the to produce methamphetamine. bill to stop the Federal Government from inadvertently selling to illicit establishment of the Black Revolu- Most importantly, the penalties asso- tionary War Patriots Foundation, as a ciated with trafficking methamphet- manufacturers the chemicals used to make meth. not-for-profit organization whose sole amine will be raised to make it com- charter is to raise the necessary fund- parable with crack cocaine. A 5-year The Methamphetamine Control Act accomplishes much. The bill: ing for the costs associated with con- mandatory minimum will be imposed structing the memorial. for every 5 grams trafficked and 10 Increases the penalties for the traf- When enacted, the foundation was years to life for a conviction involving ficking and manufacture of meth- authorized to operate for a period of 10 the trafficking of 50 grams. amphetamine and its precursor chemi- The statistics do not reveal the ef- cals. The new penalties put the pen- years, no more. While the foundation fects the drug has on the addicts who alties for meth on the same level with has raised a substantial amount of use it. The effects are appalling. The crack; funding, it remains short of its $9.5 methamphetamine user will experience Increases the penalties for the illegal million goal. This legislation would an irritable and paranoid effect and manufacture and possession of equip- provide for a 2-year extension of the then begin the downward spiral of a ment used to manufacture meth; legislative authority for the establish- crippling depression. As with any drug Requires those convicted of offenses ment of the memorial, providing the addict, the family suffers tremendously relating to methamphetamine to pro- foundation with valuable time to com- through the entire occurrence. vide restitution to the United States plete its fundraising. But it is not only those close to the for the costs incurred by the United I have a couple of reasons for wishing methamphetamine user who bears the States for the cleanup associated with to see this extension approved by Con- burden. An article in the magazine Po- the manufacture of methamphetamine; gress. First, this memorial serves a lice Chief last March describes the per- Regulates the sale of over-the- noble purpose, honoring the service and spective of law enforcement that en- counter drugs that contain the pre- patriotism of individuals long deserv- counters the altered behavior of the ad- cursor chemicals for methamphet- ing of this praise. Second, the sculptor dict. ‘‘Simply put, when methamphet- amine if the sale exceeds a substantial who has been commissioned to design amine production and abuse become threshold quantity; and this memorial is a Coloradan named Ed prevalent in any geographic area, the Establishes a Methamphetamine Dwight. Mr. Dwight, the first African- ancillary criminal behavior in that Interagency Task Force to develop American astronaut, is an accom- area will grow as well.’’ strategies to fight the use of this drug. plished artist residing in Denver. His It is clear that this epidemic must be The devastating effects of meth are work is known across the world, and I addressed here and now. I urge my col- seen every day in our jails, our emer- would like to see his design for the

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8024 CONGRESSIONAL RECORD — SENATE July 17, 1996 Black Revolutionary War Patriots Me- Mexico voted against us 58 percent of and maintains nuclear weapons should morial become a reality and be situ- the time in the United Nations. be able to maintain their fire extin- ated near several of this country’s United Nations votes are based on a guisher without the hard-earned Amer- most distinguished monuments. range of considerations. However, for- ican taxpayers’ money. Mr. President, I believe Congress has eign aid is sold to the American people The EPA sent $175,000 to China to demonstrated its commitment to the as a program to defend American inter- build a clearinghouse in Peking for in- establishment of the Black Revolu- ests, to promote our interests, and to formation about Chinese coal mining tionary War Patriots Memorial by au- assist our friends, but it is clear that issues. The American taxpayer will be thorizing its construction almost 10 support for our diplomatic efforts is delighted to know that they bought the years ago. In addition, my distin- not a popular response to our generous Chinese a $25,000 computer and spent guished colleagues, Senator JOHN distribution of aid. $4,500 to air condition the clearing- CHAFEE and Representative NANCY The second provision of this bill, Mr. house office. JOHNSON, have also introduced legisla- President, subjects the foreign oper- These are not isolated incidents. It tion which will raise funds for con- ations appropriations bill to a point of goes on: $350,000 for a refrigeration struction costs through the minting order that requires the Congress to project, $160,000 for an energy effi- and issuing of a commemorative coin complete domestic appropriations prior ciency center, and $125,000 to assist in honoring these patriots. To date, 376 to consideration of the foreign assist- the construction of an environmental Members have signed on as cosponsors ance budget. industrial park. This is to a country to these measures, myself included. The foreign operations bill for fiscal that boasts a $34 billion trade surplus. It is my hope this legislation will re- year 1996 became law on February 12 of China is not the only foreign nation ceive the full, expeditious support of this year, but four domestic spending to receive EPA grants. Nigeria, which the Senate. bills remained unfinished for another voted against us 69 percent of the time 10 weeks. In fact, foreign operations is at the United Nations, earns billions of By Mr. FAIRCLOTH: S. 1968. A bill to reorder United probably going to be among the first dollars each year in oil exports, but the States budget priorities with respect to three appropriations bills that we con- EPA sent them $410,000 to study gas United States assistance to foreign sider during the current budget proc- emissions. countries and international organiza- ess. Oman, one of the wealthiest coun- tions; to the Committee on Foreign Re- The American people will have every tries in the world, received a $100,000 lations. right to be upset if part of the Govern- grant. Oman, indeed, voted against us ment shuts down, and benefit and pay- 65 percent of the time in the United THE FOREIGN AID REFORM ACT OF 1996 roll checks are not delivered, but the Mr. FAIRCLOTH. Mr. President, I Nations. I find it impossible to imagine foreign aid checks flow freely. The con- rise to introduce the Foreign Aid Re- that this Persian Gulf monarchy could form Act of 1996. I would like to offer stitutional charge of the Congress is to not afford $100,000 for an environmental just a few brief remarks about this leg- attend to the Federal business of the study of its own environmental issues. islation and its three component parts. American people. The American people The list continues. The Swedish Na- First, it bars foreign aid to countries worked to earn this money, and we tional Board for Industrial and Tech- that vote against the United States should attend to their business first, nical Development received $50,000 to more often than not in recorded votes not to foreign aid. study efficient lighting. It appalls me at the United Nations. This bill also takes domestic agen- that our money—American taxpayers’ Second, this legislation creates a cies out of the foreign aid business. I money—is going to Sweden, one of the point of order to require the Congress will illustrate the need for this provi- most technically advanced countries in to enact domestic appropriations bills sion with some rather remarkable ex- the world, to study efficient lights. before it considers foreign aid bills. amples of waste in just one Agency, the The EPA sent $50,000 to a university Third, this bill prohibits foreign aid Environmental Protection Agency, al- in Austria to help host a conference in to be distributed by agencies that are though I am confident that it exists at an Israeli beach resort town on indoor essentially domestic, and it defines do- numerous others. air quality. The EPA also sent $50,000 mestic agencies as those not primarily The EPA was one of the few domestic to the Clean Air Society of Australia responsible for foreign affairs or na- agencies to receive a real increase in and New Zealand, two of the nations tional security. its 1996 budget. After receiving an in- with the cleanest air in the world, and Mr. President, 64 percent of Amer- crease in its budget, however, it award- $140,000 to a university in Denmark. ican foreign aid recipients voted ed 106 grants worth a total of $28 mil- Mr. President, these are not Third against the United States more often lion to foreign countries between 1993 World nations, and I certainly do not than not in the 1995 session of the and 1995. believe the American people need to United Nations. India, for example, re- The foreign assistance budget sent fund conferences and research in coun- ceived $157 million of American tax- $600,000 to Communist China, but, Mr. tries that can easily afford these ef- payers’ money last year—it is the fifth President, the EPA sent $1,200,000 to forts. largest recipient of American aid—and, Communist China. The EPA, in effect, The grants that I describe were all yet, it voted against the United States tripled their infusion of American aid. funded with Environmental Protection in 83 percent of their U.N. votes. India This aid went to a country that voted Agency discretionary money. As you ties Cuba and exceeds Iran in its record against us 79 percent of the time in the know, the EPA is very vocal about its of opposition to American diplomatic United Nations and with which we re- budget. The EPA claims the environ- goals. corded a $34 billion trade deficit. ment will suffer if its budget is scruti- In fact, the nations that voted The EPA awarded a $20,000 grant to nized, but, clearly, millions of dollars against us a majority of the time at the Chinese Ministry of Public Secu- are squandered. the United Nations received a total of rity. Of course, the Ministry of Public I think that these grants reflect a $3.1 billion in foreign aid in 1996. I find Security is not an environmental agen- profound lack of appreciation for the it incredible that we gave $3 billion to cy, but a national police force that hard work that the American people nations that refused to offer some con- issued shoot to kill orders during the perform to pay their taxes. If the Fed- sistent support to our diplomatic ini- pro-democracy rallies of 1989. The eral Government can find no better use tiatives. grant was designed for ‘‘halon manage- of the taxpayers’ money than these The United States sent troops to ment and maintenance training,’’ wasteful grants, then Washington Haiti to restore President Aristide and which, Mr. President, turns out to be should return it to the American peo- sent $123 million in financial aid. The upkeep of fire extinguishers. The tax- ple. aid continues, but, Mr. President, Haiti payers are responsible for this pro- The American people do not carry voted against the United States 60 per- gram, Mr. President, because the Clean their lunch buckets to work in order to cent of the time. Air Act obligates the American people send their dollars to the security forces President Clinton engineered a $40 to assist developing nations. In my that order soldiers to shoot students in billion bailout for Mexico, and, yet, opinion, however, a nation that builds China. The American people do not

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8025 labor in order to send Austrian profes- weight of the baby boom generation. played by other retirement savings sors to beach resorts. The American Personal savings have been in a down- tools such as 401(k)s and Individual Re- people do not labor to help the Sultan ward spiral for years, Americans have tirement Accounts (IRAs). The bill re- of Oman develop a list of emissions become used to personal deficit spend- quires that any recommendations for from his bountiful oil wells. Unfortu- ing. new federal incentives or programs to nately, however, that is the case. It is Financial planners, actuaries, pen- encourage retirement savings also an outrageous waste of American tax sion consultants, and economists have identify the funds necessary to finance dollars. I hope my colleagues will join begun to warn the public and policy these initiatives. me in cosponsoring the Foreign Aid Re- makers that, if current trends con- Finally, the only change that we form Act of 1996. tinue, the retirement income of future have made from the House bill is the By Mr. JEFFORDS (for himself, Mr. BRAD- retirees will fall far short of their an- compliment of the Commission. Our LEY, Mrs. KASSEBAUM, Mr. KERREY, Mr. ticipated needs. Yet, more pressing Senate version has put greater empha- COHEN, Mr. BINGAHAM, Mr. CHAFEE and Mr. issues, such as health care costs and sis on having private sector representa- WYDEN): coverage, cuts in government spending, tion. The Commission will have 16 S. 1969. A bill to establish a Commis- and other domestic concerns, have members, four appointed by the Presi- sion on Retirement Income Policy; to made if difficult for the message to get dent, of which at least two must be the Committee on Labor and Human through to the American public. By the from private life. Three members each, Resources. time individuals start to plan for re- appointed by both the Majority and Mi- THE COMMISSION ON RETIREMENT INCOME tirement income needs they often be- nority Leaders of the Senate, of which POLICY ACT OF 1996 come overwhelmed. Faced with falling at least two must be from private life. Mr. JEFFORDS. Mr. President, I in- wages and competing savings demands Three members each, appointed by troduce the ‘‘Commission on Retire- for college for the kids or providing for both the Speaker of the House of Rep- ment Income Policy Act of 1996’’ with long-term health care needs for aging resentatives and the Minority Leader my colleagues BILL BRADLEY, BILL parents, many baby boomer sense they the House of Representatives, of which COHEN, BOB KERREY, NANCY KASSE- are in a deep financial hole from the at least two must be from private life. Mr. President in closing, I along with BAUM, JEFF BINGAMAN, JOHN CHAFEE, start. and RON WYDEN. As you can see, this is If we continue to ignore this looming Senator BRADLEY, would also like to a bi-partisan effort by many of the retirement crisis and wait until the acknowledge with special gratitude, members of the Senate/House Ad Hoc baby boomers begin to retire, it will be the American Society of Pension Actu- Steering Committee on Retirement In- too late. Future retirees must save aries for their letter of endorsement, come Security. This bill is a com- throughout their earnings lifetimes which we would like inserted in the RECORD, for this bill we are introducing panion to a bill introduced in the and we as a society must find the way today in the Senate. House on March 13, 1996, by Nancy to shore up the Social Security and pri- Mr. President, I ask unanimous con- Johnson and Earl Pomeroy HR 3077. vate pension systems by determining sent that additional material be print- The objective of the Steering Com- how the two systems can work as a ed in the RECORD. mittee, which is co-chaired by Senator team to meet this Nation’s goal of ade- There being no objection, the mate- BRADLEY, Representative NANCY JOHN- quate retirement income for all Ameri- rial was ordered to be printed in the SON and EARL POMEROY, in its first cans. RECORD, as follows: year of operation has been to engage I would like to take a few minutes to Members of Congress and experts in the outline the bill. First, the Commission AMERICAN SOCIETY OF PENSION AC- TUARIES, ACTUARIES, CONSULT- private sector in a national dialog con- will review trends in retirement sav- ANTS, ADMINISTRATORS AND OTHER cerning this country’s retirement in- ings in the United States, and will BENEFITS PROFESSIONALS, come policies. Over the past 9 months, evaluate existing federal incentives Arlington, VA, July 11, 1996. the Steering Committee has hosted a and programs designed to encourage Hon. JIM JEFFORDS, series of luncheons for members and and protect such savings. In developing 513 Hart Senate Office Building, staff to discuss retirement savings recommendations, the bill requires the Washington, DC. issues. During that time, we heard Commission to consider the amounts of DEAR SENATOR JEFFORDS: The purpose of the American Society of Pension Actuaries from a variety of experts who represent retirement income that future retirees is to educate pension actuaries, consultants, a cross-section of views and interest in will need (including amounts needed to and administrators and other benefits profes- the retirement policy field. pay for medical and long-term care), sionals and to preserve and enhance the pri- Although, generally I am not a great the various sources of retirement in- vate pension system as part of the develop- fan of Commissions, I believe after this come which are available to individ- ment of a cohesive and coherent national re- past year of informal meetings with uals, the needs of retirement plan spon- tirement income policy. Members and private sector experts ASPA supports the establishment of a sors for simplicity and reasonable cost, commission on retirement income policy. We that it is imperative that we as a Na- and the recent shift away from defined are very excited that you and Senator Brad- tion go back to basics regarding all of benefit plans toward defined contribu- ley plan to introduce legislation in the Sen- the components that make up retire- tion plans. The Commission will gather ate as a companion bill to HR 3077. When ment income. I am referring to the information through a series of public Representatives Nancy Johnson and Earl three-legged-stool approach which was hearings and through receipt of testi- Pomeroy introduced HR 3077, a bipartisan so nicely illustrated at our first lunch- mony and evidence from a wide variety call for the creation of a special commission eon on November 9, 1995, by Deborah to examine the scope of our nation’s growing of witnesses. retirement savings crisis and recommend Briceland-Betts, Executive Director, This Commission must report to Con- policies to help improve the economic secu- Older Women’s League. The three- gress and the President within 1 year rity of retired workers, ASPA applauded the legged-stool which represents our na- after being established. It will rec- initiative shown by this session of Congress tional retirement savings is collapsing. ommend concrete steps to ensure that to safeguard our nation’s economic future. The problem is that not only is one leg future retirees have adequate retire- Because of the looming retirement income shaky instead all three legs, employer ment income. While the Commission crisis that will occur with the convergence of will consider savings generally, it will the Social Security trust fund’s potential ex- pension benefit plans, Social Security haustion and the World War II ‘‘baby and individual savings, are wobbly. focus on private savings vehicles and boomers’’ reaching retirement age, ASPA The private pension system simply will not make recommendations re- created a National Retirement Income Pol- does not cover a majority of workers. garding an overhaul of the Social Secu- icy Committee to study these alarming Those employees fortunate enough to rity Program, rather it will look to issues and suggest potential solutions. With- have coverage will find their pension ways the private and public programs out a thriving private pension system, plans will not provide them with suffi- can work together. The Commission’s ASPA’s NRIP Committee believes there will cient retirement income to meet their recommendations will address the role be insufficient resources to provide adequate retirement income for future generations. expected needs. The Social Security that traditional pension plan coverage ASPA’s NRIP Committee devoted two program which is now over 60 years should play in reaching retirement in- years to preparing six in-depth research pa- old, is heading for a collapse under the come goals, as well as the role to be pers on this topic. The National Retirement

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8026 CONGRESSIONAL RECORD — SENATE July 17, 1996 Income Policy Research Papers, published in Unless we are hoping to support our- policy that surmounts the insecurity 1994, present an integrated plan for avoiding selves on the backs of our children or implicit in our changing economic en- a retirement income crisis and develop con- are willing to accept impoverishment vironment and delivers increased avail- structive solutions to: (a) stimulate interest and destitution in our retirements, we and debate over retirement income policy ability, security, and portability of de- issues; (2) make specific policy recommenda- as individuals and as a nation need to cent pensions. tions on what ‘‘retirement savings’’ for be sure we are saving enough now to We also need to recognize how other Americans should encompass; and (3) call for support ourselves in the future. But social changes play a role in reducing the creation of a commission on retirement the fact is we are not. Despite the initi- the opportunity for saving. For in- income policy as described in HR 3077. ation of savings incentives such as fa- Enclosed are the ASPA NRIP papers Exec- stance, the tendency of parents to have vorable tax treatment for Individual children later in life means a shorter utive Summary and Research Papers which Retirement Accounts and frequent are: Income Replacement in Retirement, So- period of time between when the par- cial Security, Working Beyond Retirement warnings about the need to save, the ents become empty-nesters and when Age, Personal Savings, Targets for Personal U.S. savings rate remains among the they retire. As a result, baby boomers lowest in the developed world. We Savings, and Private Plans. and other generations will have less We believe you will find these papers to be should be saving more in our own per- time in which to save for their retire- highly creative, quite stimulating and help- sonal accounts than our parents did ment. This problem is further exacer- ful in understanding the urgent need for leg- since we are anticipating longer and bated by dramatic increases in college islation such as HR 3077 and the creation of more expensive retirements—but we a retirement income commission. education expenses. are putting aside less. Sincerely, While we are making some positive CHESTER J. SALKIND, Moreover, far too many Americans Executive Director. will be unable to rely on an adequate steps toward improving retirement se- curity through our efforts to save the Mr. BRADLEY. Mr. President, today, pension income to supplement their social security and health care sys- Senator JIM JEFFORDS and I are intro- meager savings. Nearly half of all full- ducing a bill to create a special na- time workers are not currently covered tems, simplify pension laws, and pro- tional commission to study retirement by an employer-based retirement plan. vide increased savings incentives, our issues and recommend specific policies Although two-thirds of middle-aged efforts are piecemeal. Unfortunately, to improve the economic security of re- employees are expected to receive some the magnitude of the retirement crisis tired Americans. Millions of Americans type of employer pension benefit upon that is descending upon us is too awe- are not saving nearly enough through retirement, the amount of these bene- some to be approached piecemeal. We pension plans or in their own personal fits may not be adequate to offer them need to understand how the elements savings accounts to provide for their security. The one-third who are not ex- of retirement income—private savings, retirements, and they cannot rely upon pected to receive pension benefits will employer-provided pensions, and social the Social Security system to provide a be even less secure, forced to continue security—fit together to provide secu- comfortable life for them. A crisis is to work into their last years or become rity, as well as how they do not. Then, brewing—and we will only be able to a burden on their families or whatever in a comprehensive fashion, we need to prevent it if we focus on solving our re- social safety net remains. consider what public policies might tirement savings problems now. That is Concerns about inadequate pension strengthen these various elements and what this commission is for, to start incomes are heightened by recent provide true retirement security for all that process comprehensively and in trends such as the movement away Americans. earnest. from traditional pension plans toward The Retirement Income Policy Com- The aging of our population is a prin- plans which give employees more re- mission which Senator JEFFORDS and I cipal contributor to the impending re- sponsibility for starting, maintaining, propose will be charged with this crit- tirement crisis. Baby boomers are and investing their own retirement ical assignment. Sixteen experts from turning 50 this year, 1 every 7 seconds. savings accounts. Our national public both the public and private sectors— The economic implications of this de- policy needs to understand the implica- chosen in a bi-partisan fashion by the mographic shift are tremendous. By tions of this evolution and develop ef- House, Senate, and President—will sit 2030, 20 percent of our population will fective methods to educate and encour- on the panel voluntarily, without pay. be retired, compared to 12 percent age Americans to make responsible in- Together, they will begin to explore today. There will also be a lot fewer vestments for their retirements. We the dimensions of our savings problem, workers in our economy to support a need to figure out how to encourage understand its causes, and recommend lot more retirees. In the 1940’s, there more employers to offer good pension better government policies to promote were 42 workers for every retiree. plans. We need to know what prevents retirement security. Within one year of Today, there are 4.8 workers sup- or deters Americans from participating beginning their investigations, they porting each retiree. In 2030, there will in those plans. And we need to assess will report their findings to the Presi- be only 2.8. what government policy can do to en- dent and Congress, and the Commission Not only can we expect a lot more re- courage people to save more. will be dissolved. tirees, we can expect that they will be The changing nature of our economic retired for a lot longer, with increas- world and the workplace complicate It would be easy to look the other ingly high expenses. Persons working these tasks. Old solutions may not be way as the retirement crisis quietly de- today can expect to live about 25 per- effective in today’s environment of scends upon us, but our responsibilities cent of their adult lives in retirement, downsizing, outsourcing, and inter- to our parents, our children, and our- compared to 7 percent in 1940, because national competition. The availability, selves demand that we do not. Taken life spans are lengthening consider- size, and security of pensions tighten alone, the aging of the baby boom gen- ably. Enjoying a longer life is a mir- as various industries are squeezed by eration gives urgency to this matter; acle of science and good health man- global competition. Compounding the when these demographics are coupled agement, but it is also very expensive. problem is the fact that workers an- with our low savings rates, inadequate We will need to support ourselves for ticipate changing jobs much more pensions, potentially debilitated social more years of retirement, and we will often in the past, so that many will security system, and current economic face dramatically rising health care leave each workplace before they have and social trends, they harken a dis- costs, which disproportionately con- had a chance to accumulate a decent aster. I urge my colleagues to support sume the incomes of retired persons, pension. Women may feel the pain of this modest first step toward averting particularly as individuals live longer. this problem even more acutely, be- that disaster. Meanwhile, the Social Security sys- cause more women work part-time or I am pleased that distinguished Sen- tem is expected to completely exhaust in industries with poorer pension bene- ators from both sides of the aisle— its resources by 2029. Yet 60 percent of fits, and because women more often NANCY KASSEBAUM, BOB KERREY, JOHN all retirees (over the age of 65) rely on enter and leave the workforce in order CHAFEE, JEFF BINGAMAN, BILL COHEN, Social Security for at least 70 percent to care for children or elderly parents. and RON WYDEN—are original co-spon- of their total retirement income. We need a new approach to retirement sors of the legislation which Senator

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8027 JEFFORDS and I are introducing today. AAES is a multidisciplinary organization lier and live longer than in the past. How- I am also pleased that endorsements of of 28 engineering and scientific societies ever, a number of trends in the economy and this bill or the very similar House com- whose more than 800,000 members are dedi- workplace suggest that it will become in- cated to advancing the knowledge, under- panion bill have been made by the creasingly difficult for American workers to standing, and practice of engineering in the meet their needs for adequate retirement in- American Society of Pension Actu- public interest. The AAES December 1994 come. The U.S. population is aging rapidly aries, the American Council of Life In- Statement on Retirement Income Policy and the elderly live longer. The retirement surance, the American Association of called for a commission on retirement in- of the baby boom generation will impose se- Engineering Societies, the National come policy. vere pressure on Social Security, Medicare Defined Contribution Council, the So- AAES is committed to improving opportu- and Medicaid. It is clear that a coordinated ciety for Human Resource Manage- nities for engineers and other workers to strategy is needed. earn retirement income that will enable That is why H.R. 3077 is so critical. The es- ment, the American Institute of Chem- them to remain economically secure at the ical Engineers, and AT&T. I ask unani- tablishment of the Commission on Retire- conclusion of their working lives. As the 21st ment Income Policy would give Congress ac- mous consent that their letters of en- century approaches, demographic and eco- cess to the research and recommendations of dorsement be inserted in the RECORD. nomic changes are imposing severe strains experts so that America can meet the chal- There being no objection, the mate- on the nation’s retirement income delivery lenges ahead. This bipartisan legislation rial was ordered to be printed in the system. For most workers, including engi- should be cosponsored and actively sup- neers, career-long employment with one RECORD, as follows: ported by all members of Congress. company is a thing of the past. Members of Thank you for introducing this key legisla- AMERICAN COUNCIL OF LIFE INSURANCE, the U.S. work force now experience periodic Washington, DC, May 10, 1996. tion. SHRM looks forward to working with unemployment, frequent job changes, and in- you to see H.R. 3077 considered and passed in Hon. EARL POMEROY, creasing reliance on part-time, temporary, U.S. House of Representatives, Washington, DC. 1996. or contract employment, which affect their Sincerely, DEAR EARL: On behalf of the member com- current livelihood, and their future retire- panies of the American Council of Life Insur- MICHAEL R. LOSEY, SPHR, ment income security. President & CEO. ance (ACLI), I want to applaud you for intro- AAES believes that the Commission on Re- ducing H.R. 3077, the ‘‘Commission on Re- tirement Income Policy would give national tirement Income Policy Act of 1996’’. Our focus to this crucial issue and would con- AT&T, members strongly support this legislation, tribute to a fiscally responsible effort to re- Washington, DC, July 17, 1996. which will establish a commission to review solve retirement security problems. Hon. EARL POMEROY, and study trends in retirement savings and We hope you will co-sponsor and work for U.S. House of Representatives, Federal incentives that encourage and pro- active consideration of H.R. 3077. Thank you Washington, DC. tect such savings. very much for your attention and interest. DEAR CONGRESSMAN POMEROY: As you are As you may know, the life insurance indus- Sincerely, aware, AT&T has a strong interest in its em- try manages more than one-third of the as- E.L. CUSSLER, ployees and the manner in which they are, or sets held in private pension plans today 1996 AAES Chairman. will be, provided for in retirement. Because which represents $750 billion in pension as- of our interest in these matters, we were ex- sets. With such a large commitment to the NATIONAL DEFINED tremely pleased to see the legislation which retirement security of millions of Ameri- CONTRIBUTION COUNCIL, you and Congresswoman Nancy Johnson cans, our industry is vitally concerned with Denver, CO, May 13, 1996. have introduced in the House (H.R. 3077). It issues affecting the continued viability and Hon. EARL POMEROY, is our understanding that the legislation, if expansion of our retirement system. U.S. Congress, Washington, DC. passed, would establish a commission for the Demographic, economic, social and polit- DEAR CONGRESSMAN POMEROY: On behalf of purpose of studying how to best deal with ical factors will continue to play a signifi- the National Defined Contribution Council the future retirement needs of this country. cant role in the financial security of future (‘‘NDCC’’), I am writing to applaud your The commission, in turn, would issue its retirees. The ‘‘coming of age’’ of the baby leadership on retirement savings issues and findings and recommendations to both the boom generation, the shift in business to support your efforts to establish a commis- President and Congress by the end of 1997. smaller service companies, the increasing sion on retirement income policy. AT&T believes that proper planning for the prevalence of two income families and the fi- The NDCC fully supports H.R. 3077, ‘‘The financial needs of retirement and the safe- nancial uncertainties underlying the current Commission on Retirement Income Policy guarding of the retirement savings of U.S. structure of Social Security will necessitate Act of 1996’’ and looks forward to working workers is extremely important, and strong- a reassessment of our current approaches to with you and other members of Congress on ly supports your and Rep. Johnson’s efforts retirement income savings. A rational na- its passage. in introducing and moving H.R. 3077 forward. tional retirement income policy must be de- The NDCC is a national organization dedi- We urge your House colleagues to co-sponsor cated to the promotion and protection of the veloped, communicated and supported so this important legislation and to work with defined contribution industry. It has been or- that resources can be allocated most effi- us to achieve its swift passage. ganized specifically for plan service pro- ciently, ensuring that each American can Sincerely, viders and focuses on public policy analysis, have a financially secure retirement. THOMAS R. BERKELMAN, legislative advocacy and educating the pub- It is imperative to promote a framework in Director, lic on the need for retirement savings. Federal Government Affairs. which Americans can enjoy a dignified and The NDCC commends you on your recent financially secure retirement. We believe proposal to create a commission charged f your legislation can help develop that frame- with studying policies to help improve work. Accordingly, we applaud the leader- Americans’ economic security during retire- ADDITIONAL COSPONSORS ship role you have undertaken on this impor- ment. Please feel free to call on us in this ef- tant issue and we would encourage your col- fort. S. 684 leagues to co-sponsor the bill. Please do not Sincerely, At the request of Mr. HATFIELD, the hesitate to call on the ACLI for support to MARY RUDIE BARNEBY, names of the Senator from Iowa [Mr. help enact the legislation. President. Sincerely, GRASSLEY] and the Senator from New Mexico [Mr. DOMENICI] were added as CARROLL A. CAMPBELL, JR. SOCIETY FOR HUMAN RESOURCES MANAGEMENT, cosponsors of S. 684, a bill to amend the AMERICAN ASSOCIATION OF July 3, 1996. Public Health Service Act to provide ENGINEERING SOCIETIES, Hon. NANCY JOHNSON, for programs of research regarding Par- Washington DC, April 26, 1996. Hon. EARL POMEROY, kinson’s disease, and for other pur- Hon. NEIL ABERCROMBIE, House of Representatives, poses. U.S. House of Representatives, Washington, DC. S. 1251 Washington, DC. DEAR REPRESENTATIVES JOHNSON AND POM- DEAR REPRESENTATIVE ABERCROMBIE: I am EROY: On behalf of the Society for Human At the request of Mr. HATFIELD, the writing on behalf of the American Associa- Resource Management, SHRM, I am writing name of the Senator from New York tion of Engineering Societies (AAES) to re- to enthusiastically endorse H.R. 3077, The [Mr. MOYNIHAN] was added as a cospon- quest that your consider co-sponsoring H.R. Commission on Retirement Income Policy sor of S. 1251, a bill to establish a Na- 3077, which provides for the establishment of Act of 1996. SHRM is the leading voice of the tional Fund for Health Research to ex- the Commission on Retirement Income Pol- human resource profession, representing the pand medical research programs icy. The bill was introduced by Representa- interests of more than 70,000 professional and tive Earl Pomeroy and Representative Nancy student members from around the world. through increased funding provided to Johnson. A summary of the bill’s provisions Today most individuals are able to retire the National Institutes of Health, and is attached. comfortably. On average, workers retire ear- for other purposes.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8028 CONGRESSIONAL RECORD — SENATE July 17, 1996 S. 1632 Senator from Indiana [Mr. COATS], the Whereas Dr. Walker is recognized as a At the request of Mr. LAUTENBERG, Senator from Oklahoma [Mr. INHOFE], worldwide leader in the furtherance of ama- the name of the Senator from New Jer- the Senator from Nebraska [Mr. teur athletics; Whereas Dr. Walker will be leaving his sey [Mr. BRADLEY] was added as a co- KERREY], the Senator from Indiana post as the 23rd President of the U.S. Olym- sponsor of S. 1632, a bill to prohibit per- [Mr. LUGAR], the Senator from New pic Committee in 1966: Now, therefore, be it sons convicted of a crime involving do- Hampshire [Mr. SMITH], the Senator Resolved, That the Senate commends and mestic violence from owning or pos- from North Carolina [Mr. HELMS], and thanks Dr. LeRoy T. Walker for his service sessing firearms, and for other pur- the Senator from New York [Mr. with the U.S. Olympic Committee, his life- poses. D’AMATO] were added as cosponsors of long dedication to the improvement of ama- teur athletics, and for the enrichment he has S. 1645 amendment No. 4444 proposed to S. 1894, an original bill making appropria- brought to so many Americans through these At the request of Mr. KERRY, the activities. name of the Senator from Michigan tions for the Department of Defense for f [Mr. ABRAHAM] was added as a cospon- the fiscal year ending September 30, sor of S. 1645, a bill to regulate United 1997, and for other purposes. AMENDMENTS SUBMITTED States scientific and tourist activities AMENDMENT NO. 4492 in Antarctica, to conserve Antarctic At the request of Mr. SIMON, his resources, and for other purposes. name was added as a cosponsor of THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997 S. 1729 amendment No. 4492 proposed to S. At the request of Mrs. HUTCHISON, the 1894, an original bill making appropria- names of the Senator from New Jersey tions for the Department of Defense for INOUYE AMENDMENT NO. 4589 [Mr. BRADLEY] and the Senator from the fiscal year ending September 30, Mr. STEVENS (for Mr. INOUYE) pro- Texas [Mr. GRAMM] were added as co- 1997, and for other purposes. posed an amendment to amendment sponsors of S. 1729, a bill to amend title AMENDMENT NO. 4575 No. 4439 proposed by Mr. STEVENS to 18, United States Code, with respect to At the request of Mr. SPECTER, the the bill (S. 1894) making appropriations stalking. name of the Senator from Mississippi for the Department of Defense for the S. 1731 [Mr. COCHRAN] was added as a cospon- sor of amendment No. 4575 proposed to fiscal year ending September 30, 1997, At the request of Mr. CRAIG, the and for other purposes; as follows: name of the Senator from Oklahoma S. 1894, an original bill making appro- priations for the Department of De- In lieu of the matter to be inserted by [Mr. INHOFE] was added as a cosponsor amendment number 4439, at an appropriate of S. 1731, a bill to reauthorize and fense for the fiscal year ending Sep- tember 30, 1997, and for other purposes. place in the bill insert: amend the National Geologic Mapping SEC. 8099. (a) Notwithstanding any other Act of 1992, and for other purposes. f provision of this Act, the number of Military Personnel, Navy shall be $16,948,481,000, the S. 1862 SENATE RESOLUTION 279—TO COMMEND DR. LEROY T. WALKER number for Military Personnel, Air Force At the request of Mr. PRESSLER, the shall be $17,026,210,000, the number for Oper- name of the Senator from Wyoming Mr. STEVENS submitted the fol- ation and Maintenance, Army shall be [Mr. THOMAS] was added as a cosponsor lowing resolution; which was consid- $17,696,659,000 the number for Operation and of S. 1862, a bill to permit the inter- ered and agreed to: Maintenance, Air Force shall be state distribution of State-inspected S. RES. 279 $17,326,909,000, the number for Operation and Maintenance, Defense-Wide shall be meat under appropriate circumstances. Whereas, Dr. LeRoy T. Walker, as Presi- $9,887,142,000, the number for Overseas Con- S. 1936 dent of the U.S. Olympic Committee from tingency Operations Transfer Fund shall be 1992 to 1996, and through a life long commit- At the request of Mr. CRAIG, the $1,140,157,000, the number for Defense Health ment to amateur athletics, has significantly name of the Senator from South Caro- Program shall be $10,251,208,000, and the improved amateur athletic opportunities in lina [Mr. THURMOND] was added as a co- number for Defense Health Program Oper- the United States; sponsor of S. 1936, a bill to amend the Whereas Dr. Walker has contributed in nu- ation and maintenance shall be $9,931,738,000. Nuclear Waste Policy Act of 1982. merous capacities with the U.S. Olympic (b) Of the funds appropriated under the heading Aircraft Procurement, Air Force, S. 1962 Committee since 1977; Whereas, Dr. Walker is the first African- $11,500,000 shall be made available only for At the request of Mr. MCCAIN, the modification to B–52 bomber aircraft. name of the Senator from North Da- American to serve as President of the U.S. Olympic Committee in its one hundred year (c) Of the funds appropriated in title VI of kota [Mr. DORGAN] was added as a co- history; this Act, under the heading Chemical Agents sponsor of S. 1962, a bill to amend the Whereas Dr. Walker has furthered amateur and Munitions Destruction, Defense for Re- Indian Child Welfare Act of 1978, and athletics in the United States through serv- search, development, test and evaluation, for other purposes. ice in numerous other amateur athletic orga- $3,000,000 shall only be for the accelerated de- velopment of advanced sensors for the AMENDMENT NO. 4440 nizations, including the Atlanta Committee for the Olympic Games, the North Carolina Army’s Mobile Munitions Assessment Sys- At the request of Mr. ROBB, his name Sports Development Commission, the Pan tem. was added as a cosponsor of amend- American Sports Organization, the Special (d) Of the funds appropriated in title IV of ment No. 4440 proposed to S. 1894, an Olympics, USA Track and Field, the Ath- this Act, under the heading Research, Devel- original bill making appropriations for letics Congress, the Amateur Athletic Union, opment, Test and Evaluation, Defense-Wide, the Department of Defense for the fis- the Army Specialized Training Program, the $56,200,000 shall be available for the Corps cal year ending September 30, 1997, and American Alliance of Health, Physical Edu- Surface-to-Air Missile (CORPS SAM) pro- for other purposes. cation, Recreation and Dance, the National gram and $515,743,000 shall be available for Association of Intercollegiate Athletics, the Other Theater Missile Defense/Follow-On AMENDMENT NO. 4441 North Carolina Central University, Duke TMD Activities program. At the request of Mr. MCCAIN, the University, Prairie View State College, (e) Funds appropriated in title II of this name of the Senator from Minnesota Bishop College, Benedict College, and many Act for supervision and administration costs [Mr. GRAMS] was added as a cosponsor others; for facilities maintenance and repair, minor of amendment No. 4441 proposed to S. Whereas, Dr. Walker was an accomplished construction, or design projects may be obli- 1894, an original bill making appropria- athlete himself in collegiate football, bas- gated at the time the reimbursable order is accepted by the performing activity: Pro- tions for the Department of Defense for ketball and track at Benedict College, and an All-American in football in 1940; vided, That for the purpose of this section, the fiscal year ending September 30, Whereas, as a track and field coach, Dr. supervision and administration costs in- 1997, and for other purposes. Walker helped 77 All-Americans, 40 national cludes all in-house government costs. AMENDMENT NO. 4444 champions, eight Olympians, and hundreds (f) Of the funds appropriated in title IV of At the request of Mr. MCCAIN, the of others, reach their potential amateur this Act, under the heading Research, Devel- names of the Senator from Michigan sports; opment, Test and Evaluation, Navy, Whereas, Dr. Walker epitomizes the spirit $2,000,000 is available for titanium processing [Mr. LEVIN], the Senator from Illinois of the Amateur Sports Act of 1978, the na- technology. [Ms. MOSELEY-BRAUN], the Senator tion’s law governing amateur sports; (g) Advance billing for services provided or from Alaska [Mr. MURKOWSKI], the Sen- Whereas, Dr. Walker was inducted into the work performed by the Navy’s defense busi- ator from Virginia [Mr. WARNER], the U.S. Olympic Hall of Fame in 1987; ness operating fund activities is prohibited:

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Provided, That of the funds appropriated On page 88, between lines 7 and 8, insert (f) SCOPE OF COVERAGE.—This section ap- under the heading Operation and Mainte- the following: plies— nance, Navy, $2,976,000,000 shall be available SEC. 8099. (a) CONSIDERATION OF PERCENT- (1) to any contract for any amount greater only for depot maintenance activities and AGE OF WORK PERFORMED IN THE UNITED than the simplified acquisition threshold (as programs, and $989,700,000 shall be available STATES.—None of the funds appropriated to specified in section 2302(7) of title 10, United only for real property maintenance activi- the Department of Defense under this Act States Code), other than a contract for a ties. may be obligated or expended to evaluate commercial item as defined in section (h) The Secretary of Defense may waive re- competitive proposals submitted in response 2302(3)(I); and imbursement of the cost of conferences, sem- to solicitations for a contract for the pro- (2) to any contract for items described in inars, courses of instruction, or similar edu- curement of property or services except section 2534(a)(5) of such title. cational activities of the Asia-Pacific Center when it is made known to the Federal offi- (g) CONSTRUCTION.—Subsections (a), (b), for Security Studies for military officers and cial having authority to obligate or expend and (c) may not be construed to diminish the civilian officials of foreign nations if the such funds that— primary importance of considerations of Secretary determines that attendance by (1) a factor in such evaluation, as stated in quality in the procurement of defense-re- such personnel, without reimbursement, is in the solicitation, is the percentage of work lated property or services. the national security interest of the United under the contract that the offeror plans to (h) EFFECTIVE DATE.—This section shall States: Provided, That costs for which reim- perform in the United States; and apply with respect to contracts entered into bursement is waived pursuant to this sub- (2) a high importance is assigned to such on or after 60 days after the date of the en- factor. section shall be paid from appropriations actment of this Act. (b) BREACH OF CONTRACT FOR TRANSFER- available for the Asia-Pacific Center. f RING WORK OUTSIDE THE UNITED STATES.— (i) Of the funds appropriated in title IV of None of the funds appropriated to the De- this Act, under the heading Research, Devel- THE NUCLEAR WASTE POLICY ACT partment of Defense under his Act may be opment, Test and Evaluation, Defense-Wide, OF 1982 AMENDMENT ACT OF 1996 obligated or expended to procure property or $3,000,000 shall be available for a defense services except when it is made known to the technology transfer pilot program. Federal official having authority to obligate (j) Of the funds appropriated in title IV of REID AMENDMENTS NOS. 4592–4630 or expend such funds that each contract for this Act, under the heading Research, Devel- the procurement of property or services in- (Ordered to lie on the table.) opment, Test and Evaluation, Navy, cludes a clause providing that the contractor Mr. REID submitted 39 amendments $4,000,000 is available for the establishment is deemed to have breached the contract if intended to be proposed by him to the of the National Coastal Data Centers re- the contractor performs significantly less bill (S. 1936) to amend the Nuclear quired by section 7901(c) of title 10, United work in the United States than the con- Waste Policy Act of 1982; as follows: States Code, as added by the National De- tractor stated, in its response to the solicita- AMENDMENT NO. 4592 fense Authorization Act for Fiscal Year 1997. tion for the contract, that it planned to per- On page 22, between lines 6 and 7, insert (k)(1) Of the amounts appropriated or oth- form in the United States. erwise made available by this Act for the De- (c) EFFECT OF BREACH ON CONTRACT the following: ‘‘(c) TRANSPORTATION INCIDENT MANAGE- partment of the Air Force, $2,000,000 shall be AWARDS AND THE EXERCISE OF OPTIONS UNDER MENT PLANNING.—The Secretary shall de- available to provide comprehensive care and COVERED CONTRACTS.—None of the funds ap- rehabilitation services to children with dis- propriated to the Department of Defense velop a program plan in accordance with sec- abilities who are dependents of members of under this Act may be obligated or expended tion 203(f) that ensures that there will be a the Armed Forces at Lackland Air Force, to award a contract or exercise an option timely and effective response by a trained Base, Texas. under a contract, except when it is made and equipped force to deal with any disrup- (2) Subject to subsection (3), the Secretary known to the Federal official having author- tive incident involving the transportation of of the Air Force shall grant the funds avail- ity to obligate or expend such funds that the spent nuclear fuel or high-level radioactive able under subsection (a) to the Children’s compliance of the contractor with its com- waste. On page 26, between lines 21 and 22, in- Association for Maximum Potential (CAMP) mitment to perform a specific percentage of sert the following: for use by the association to defray the costs work under such a contract inside the United ‘‘(h) TRANSPORTATION INCIDENT MANAGE- of designing and constructing the facility re- States is a factor of high importance in any MENT.— ‘‘(1) DEFINITION.—In this subsection, the ferred to in subsection (1). evaluation of the contractor’s past perform- term ‘disruptive incident’ includes an acci- (3)(a) The Secretary may not make a grant ance for the purpose of the contract award or of funds under subsection (2) until the Sec- the exercise of the option. dent, an act of terrorism, vandalism, a civil retary and the association enter into an (d) REQUIREMENT FOR OFFERORS TO PER- disobedience, or civil protest, and any other agreement under which the Secretary leases FORM ESTIMATE.—None of the funds appro- disruption of a shipment of spent nuclear to the association the facility to be con- priated to the Department of Defense under fuel or high-level radioactive waste. ‘‘(2) CERTIFICATION.—The individual or con- structed using the funds. this Act may be obligated or expended to (b)(1) The term of the lease under para- award a contract for the procurement of tractor directly responsible to the Secretary graph (1) may not be less than 25 years. property or services unless the solicitation for effecting a shipment of spent nuclear fuel (2) As consideration for the lease of the fa- for the contract contains a clause requiring or high-level radioactive waste shall certify cility, the association shall assume responsi- each offeror to provide an estimate of the the availability and timely effectiveness of a bility for the operation and maintenance of percentage of work that the offeror will per- trained and equipped incident response team the facility, including the costs of such oper- form in the United States. to respond to any disruptive incident that ation and maintenance. (e) WAIVERS.—(1) Subsections (a), (b), and may occur during the shipment. (c) The Secretary may require such addi- (c) shall not apply with respect to funds ap- ‘‘(3) REQUIREMENTS.—For the purposes of tional terms and conditions in connection propriated to the Department of Defense paragraph (1)— ‘‘(A) a response time shall be considered to with the lease as the Secretary considers ap- under this Act when it is made known to the be timely if the incident response time is ca- propriate to protect the interests of the Federal official having authority to obligate pable of commencing active intercession at United States. or expend such funds that an emergency sit- uation or the national security interests of the site of a disruptive incident not more than 30 minutes after initiation of the inci- GORTON AMENDMENT NO. 4590 the United States requires the obligation or expenditure of such funds. dent; (Ordered to lie on the table.) (2) Subsections (a), (b) and (c) may be ‘‘(B) the incident response team shall be Mr. GORTON submitted an amend- waived on a subsection-by-subsection basis organically prepared to interrupt and termi- ment intended to be proposed by him for all contracts described in subsection (f) if nate acts of terrorism, vandalism, and civil the Secretary of Defense or the Deputy Sec- disobedience; and to the bill, S. 1894, supra; as follows: ‘‘(C) the incident response team shall be On page 29, line 20, strike out ‘‘Forces.’’ retary of Defense— (A) makes a written determination, on a trained and equipped to mitigate the health and insert in lieu thereof ‘‘Forces: Provided or safety consequences of incidents that further, That of the funds appropriated in nondelegable basis, that— (1) the subsection cannot be implemented threaten the integrity or violate the integ- this paragraph, $7,500,000 shall be available in a manner that is consistent with the obli- rity of waste shipment containers. for 1.5 ship years in the university research gations of the United States under existing ‘‘(4) CIVIL LIABILITY.—A person that suffers fleet under the Oceanographic and Atmos- Reciprocal Procurement Agreements with any form of personal injury or pecuniary loss pheric Technology program.’’. defense allies; and as a result of an accident or disruptive inci- (2) the implementation of the subsection in dent during the course of a shipment of spent SIMON (AND OTHERS) a manner that is inconsistent with existing nuclear fuel or high-level radioactive waste AMENDMENT NO. 4591 Reciprocal Procurement Agreements would may recover damages in a civil action in result in a net loss of work performed in the United States District from any person who Mr. SIMON (for himself, Mr. SPEC- United States; and commits an act, or who, having a duty to TER, and Mr. HARKIN) proposed an (B) report to the Congress, within 60 days act, fails to act, and thereby causes or con- amendment to the bill, S. 1894, supra; after the date of enactment of this Act, on tributes to the cause of the accident or dis- as follows: the reasons for such determinations. ruptive incident.

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‘‘(5) CRIMINAL LIABILITY.— ‘‘(1) considers all possible accident sce- ‘‘(1) MAJOR FEDERAL ACTION.—Construction ‘‘(A) FALSE CERTIFICATION.—A person that narios and quantifies resulting possible envi- and operation of the interim storage facility makes a certification under paragraph (2) ronments; and shall be considered to be a major Federal ac- that is false shall be imprisoned not less ‘‘(2) addresses— tion significantly affecting the quality of the than 5 nor more than 15 years, fined under ‘‘(A) transportation vehicle design require- human environment for purposes of the Na- title 18, United States Code, or both. ments that minimize adverse environments tional Environmental Policy act of 1969 (42 ‘‘(B) CAUSATION OF ACCIDENT OR DUSRUPTIVE experienced by loaded containers; U.S.C. 4321 et seq.). INCIDENT.—A person who commits an act, or ‘‘(B) transportation container design re- ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— who, having a duty to act, fails to act, and quirements that ensure survivability in pos- The Secretary shall— thereby causes or contributes to the cause of sible accident scenarios and environments; ‘‘(A) at the same time as the Secretary accident or disruptive incident during the ‘‘(C) full-scale performance testing for submits to the Commission an application course of a shipment of spent nuclear fuel or transportation container designs; for a license for the interim storage facility, ‘‘(D) acceptance testing requirements for high-level radioactive waste shall be impris- submit to the Commission an environmental empty containers; oned not less than 15 nor more than 25 years, ‘‘(E) acceptance testing requirements for impact statement on the construction and fined under title 18, United States Code, or filled containers; and operation of the interim storage facility; and both’’. ‘‘(F) transportation operational concepts ‘‘(B) supplement the environmental impact that minimize accident risks.’’ statement as appropriate. AMENDMENT NO. 4593 ‘‘(3) CONSIDERATIONS.—For purposes of On page 26, between lines 21 and 22, insert AMENDMENT NO. 4595 complying with the requirements of the Na- the following: On page 32, between lines 18 and 19, insert tional Environmental Policy Act of 1969 (42 ‘‘(h) TRANSPORTATION INCIDENT MANAGE- the following: U.S.C. 4321 et seq.) and this section, the Sec- MENT.— ‘‘(e) INTERIM STORAGE FACILITY LICENSING retary shall not consider in the environ- ‘‘(1) DEFINITION.—In this subsection, the STANDARDS.— mental impact statement the need for, or al- term ‘disruptive incident’ includes an acci- ‘‘(1) NO EPA STANDARDS.—Notwithstanding ternative sites or designs for, the interim dent, an act of terrorism, vandalism, a civil any other provision of law, the Adminis- storage facility.’’ disobedience, or civil protest, and any other trator of the Environmental Protection disruption of a shipment of spent nuclear Agency shall not issue, by rule or otherwise, AMENDMENT NO. 4600 fuel or high-level radioactive waste. standards for protection of the public from On page 42, line 4, strike ‘‘reasonably’’. ‘‘(2) CERTIFICATION.—The individual or con- releases of radioactive materials or radioac- tractor directly responsible to the Secretary tivity from the interim storage facility, and AMENDMENT NO. 4601 for effecting a shipment of spent nuclear fuel any such standards that are in effect on the On page 42, lines 11 and 12, strike ‘‘reason- or high-level radioactive waste shall certify date of enactment of this Act shall not be in- able’’. the availability and timely effectiveness of a corporated in licensing regulations. trained and equipped incident response team ‘‘(2) ESTABLISHMENT OF OVERALL SYSTEM AMENDMENT NO. 4602 to respond to any disruptive incident that PERFORMANCE STANDARD.—The Commission Beginning on page 45, strike lines 15 and may occur during the shipment. shall establish a standard for protection of all that follows through page 46, line 1, and ‘‘(3) REQUIREMENTS.—For the purposes of the public from release of radioactive mate- insert the following: ‘‘repository perform- paragraph (1)— rial or radioactivity from the interim stor- ance; and ‘‘(A) a response time shall be considered to age facility that prohibits any release that ‘‘(B) the Commission shall ensure that’’. be timely if the incident response time is ca- would expose a member of the general popu- pable of commencing active intercession at lation to an annual dose of more than 25 AMENDMENT NO. 4603 the site of a disruptive incident not more millirems. Beginning on page 73, strike line 17 and all ‘‘(3) BASIS FOR LICENSING DETERMINATION.— than 30 minutes after initiation of the inci- that follows through page 74, line 3, and in- dent; The interim storage facility licensing deter- mination made by the Commission for the sert the following: ‘‘(B) the incident response team shall be ‘‘All actions authorized by this Act shall protection of the public shall be based solely organically prepared to interrupt and termi- be subject to and governed by the require- on a finding whether the repository is capa- nate acts of terrorism, vandalism, and civil ble of being operated in conformance with ments of the Atomic Energy Act of 1954 (42 disobedience; and U.S.C. 2011 et seq.), the National Environ- ‘‘(C) the incident response team shall be the overall system performance standard es- tablished under paragraph (2).’’ mental Policy Act of 1969 (42 U.S.C. 432 et trained and equipped to mitigate the health seq.), the Clean Air Act (42 U.S.C. 7401 et or safety consequences of incidents that AMENDMENT NO. 4596 seq.), title XIV of the Public Health Service threaten the integrity or violate the integ- On page 44, lines 15 through 18, strike Act (commonly known as the ‘‘Safe Drinking rity of waste shipment containers. ‘‘that would expose an average member of Water Act’’) (42 U.S.C. 300f et seq.), the En- ‘‘(4) CIVIL LIABILITY.—A person that suffers ergy Reorganization Act of 1974 (42 U.S.C. any form of personal injury or pecuniary loss the general population in the vicinity of the Yucca Mountain site to an annual dose in ex- 5801 et seq.), chapter 51 of title 49, United as a result of an accident or disruptive inci- cess of 100 millirems’’ and insert ‘‘that would States Code, and the Nuclear Waste Policy dent during the course of a shipment of spent expose a member of the general population Act of 1982 (42 U.S.C. 10101 ct seq.) (including nuclear fuel or high-level radioactive waste to an annual dose of more than 25 regulations issued under those Acts).’’ may recover damages in a civil action in millirems.’’. United States District from any person who AMENDMENT NO. 4604 commits an act, or who, having a duty to AMENDMENT NO. 4597 On page 11, strike lines 9 through 12. act, fails to act, and thereby causes or con- Beginning on page 73, strike line 17 and all tributes to the cause of the accident or dis- that follows through page 74, line 3, and in- AMENDMENT NO. 4605 ruptive incident. sert the following: On page 11, lines 23 and 24, strike ‘‘not ‘‘(5) CRIMINAL LIABILITY.— ‘‘All actions authorized by this Act shall later than November 30, 1999’’ and insert ‘‘on ‘‘(A) FALSE CERTIFICATION.—A person that be subject to and governed by the require- a date that is after the date on which a site makes a certification under paragraph (2) ments of the Atomic Energy Act of 1954 (42 for the permanent disposition of spent nu- that is false shall be imprisoned not less U.S.C. 2011 et seq.), the National Environ- clear fuel and high-level radioactive waste than 5 nor more than 15 years, fined under mental Policy Act of 1969 (42 U.S.C. 4321 et has been identified and designated’’. title 18, United States Code, or both. seq.), the Clean Air Act (42 U.S.C. 7401 et ‘‘(B) CAUSATION OF ACCIDENT OR DISRUPTIVE seq.), title XIV of the Public Health Service AMENDMENT NO. 4606 INCIDENT.—A person who commits an act, or Act (commonly known as the ‘‘Safe Drinking Beginning on page 13, strike line 22 and all who, having a duty to act, fails to act, and Water Act’’) (42 U.S.C. 300f et seq.), the En- that follows through page 21, line 3, and in- thereby causes or contributes to the cause of ergy Reorganization Act of 1974 (42 U.S.C. sert the following: accident or disruptive incident during the 5801 et seq.), chapter 51 of title 49, United ‘‘SEC. 201. TRANSPORTATION PLANNING.’’ course of a shipment of spent nuclear fuel or States Code, and the Nuclear Waste Policy high-level radioactive waste shall be impris- Act of 1982 (42 U.S.C. 10101 et seq.) (including oned not less than 15 nor more than 25 years, regulations issued under those Acts).’’ AMENDMENT NO. 4607 fined under title 18, United States Code, or On page 21, line 9, strike ‘‘not later than both.’’ AMENDMENT NO. 4598 November 30, 1999’’ and insert ‘‘on a date On page 33, strike lines 10 through 20 and that is after the date on which a site for the AMENDMENT NO. 4594 insert the following: permanent disposition of spent nuclear fuel On page 21, between lines 2 and 3, insert ‘‘(2) EMPLACEMENT OF FUEL AND WASTE.—’’ and high-level radioactive waste has been the following: identified and designated’’. ‘‘(k) SAFETY ASSESSMENT.—The Secretary AMENDMENT NO. 4599 shall conduct a comprehensive operational On page 34, strike line 21 and all that fol- AMENDMENT NO. 4608 safety assessment of all transportation lows through page 38, line 24, and insert the On page 21, line 24, strike ‘‘no later than modes and operations that— following: November 30, 1999’’ and insert ‘‘on a date

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that is after the date on which a site for the AMENDMENT NO. 4619 ‘‘(B) 2,000 MTU in each of the third and permanent disposition of spent nuclear fuel On page 39, line 26, strike ‘‘geologic reposi- fourth years of operation; and high-level radioactive waste has been tory’’ and insert ‘‘permanent repository ‘‘(C) 2,700 MTU in the fifth year of oper- identified and designated’’. site’’. ation; and ‘‘(D) 3,000 MTU in each year after the fifth year of operation.’’ AMENDMENT NO. 4609 AMENDMENT NO. 4620 On page 27, line 8, strike ‘‘by January 31, On page 48, lines 18 and 20, strike ‘‘the in- AMENDMENT NO. 4624 1999’’ and insert ‘‘by the date on which a site terim storage facility site and the Yucca for the permanent disposition of spent nu- On page 84, line 22, strike ‘‘January 31, Mountain site, as described in subsection (b), 1999’’ and insert ‘‘the date on which a site for clear fuel and high-level radioactive waste are’’ and insert ‘‘the Yucca Mountain site as has been identified and designated’’. the permanent disposition of spent nuclear described in subsection (b), is’’. fuel and high-level radioactive waste has been identified and designated’’. AMENDMENT NO. 4610 AMENDMENT NO. 4621 Beginning on page 27, strike line 12 and all On page 48, line 25, strike ‘‘the interim AMENDMENT NO. 4625 that follows through page 29, line 20, and in- storage facility site and’’. On page 85, line 7, strike ‘‘in fiscal year sert the following: ‘‘radioactive waste by the 2000,’’ and insert ‘‘within 2 years after the date on which a site for the permanent dis- AMENDMENT NO. 4622 date on which a site for the permanent dis- position of spent nuclear fuel and high-level position of spent nuclear fuel and high-level radioactive waste has been identified and Beginning on page 49, strike line 4 and all radioactive waste has been identified and designated. that follows through page 51, line 3, and in- ‘‘(2) Immediately on designation of an in- sert the following: designated’’. terim storage facility site by the President ‘‘(3) RESERVATION.—Until any such date as AMENDMENT NO. 4626 under paragraph (1), the Secretary shall pro- the Yucca Mountain Site may be determined ceed’’. to be unsuitable for use as a repository, the On page 61, between line 5 and 6, insert the Yucca Mountain site is reserved for the use following: of the Secretary for the construction and op- AMENDMENT NO. 4611 ‘‘SEC. 306. COMPENSATION FOR LOSS OF PROP- eration of a repository and activities associ- ERTY VALUES. On page 30, line 6, strike ‘‘no later than No- ated with the purposes of this title. ‘‘An owner of property may bring a civil vember 30, 1999’’ and insert ‘‘not later than ‘‘(b) LAND DESCRIPTIONS.— action in United States district court to re- the date on which a site for the permanent ‘‘(1) INTERIM STORAGE FACILITY.—Not later cover from the Secretary the amount by disposition of spent nuclear fuel and high- than 180 days after the date on which a site which the property is diminished in value as level radioactive waste has been identified for the permanent disposition of spend nu- a result of the construction or operation of and designated’’. clear fuel and high-level radioactive waste the interim storage facility or the transpor- has been identified and designated, the Sec- tation of spent nuclear fuel or high-level ra- AMENDMENT NO. 4612 retary shall— dioactive waste under this Act.’’ On page 31, lines 4 and 5, strike ‘‘no later ‘‘(A) publish in the Federal Register a no- than November 30, 1999’’ and insert ‘‘not tice containing a legal description of the in- AMENDMENT NO. 4627 later than the date on which a site for the terim storage facility site; and On page 22, strike lines 12 through 16 and permanent disposition of spent nuclear fuel ‘‘(B) establish boundaries of an interim insert the following: and high-level radioactive waste has been storage facility site proximate to the reposi- ‘‘(b) ADVANCE NOTIFICATION.— identified and designated’’. tory site, depict those boundaries on a map ‘‘(1) IN GENERAL.—Not more than 45 nor entitled ‘Interim Storage Facility Site With- less than 30 days before the date on which AMENDMENT NO. 4613 drawal Map’, and file copies of the map and spent nuclear fuel or high-level radioactive On page 31, lines 6 through 8, strike ‘‘No the legal description of the interim storage waste is to be transported in a State, the later than 12 months after the date of enact- facility site with Congress, the Secretary of Secretary shall provide to the State, to each ment of the Nuclear Waste Policy Act of the Interior, the Governor of the State in local government within the jurisdiction of 1996’’ and insert ‘‘Not later than the date on which the interim storage facility site is sit- which the spent nuclear fuel or high-level ra- which a site for the permanent disposition of uated, and the Archivist of the United dioactive waste is to be transported, and to spent nuclear fuel and high-level radioactive States. each owner of property, resident of property, waste has been identified and designated’’. ‘‘(2) PERMANENT REPOSITORY.— and operator of a business on property with- ‘‘(A) IN GENERAL.—The boundaries depicted in 50 miles of each point along the route on AMENDMENT NO. 4614 on the map entitled ‘‘Yucca Mountain Site which the spent nuclear fuel or high-level ra- On page 31, lines 23 through 25, strike ‘‘No Withdrawal Map,’’ dated March 1995, and on dioactive waste is to be transported, a notice later than 30 months after the date of enact- file with the Secretary, are established as containing the information described in ment of the Nuclear Waste Policy Act of the boundaries of the Yucca Mountain site. paragraph (2). 1996’’ and insert ‘‘Not later than 36 months ‘‘(B) NOTICE AND MAPS.—Concurrent with ‘‘(2) INFORMATION TO BE PROVIDED.—A no- after the date on which a site for the perma- the Secretary’s application to the Commis- tice under paragraph (1) shall describe the nent disposition of spent nuclear fuel and sion for authority to construct a repository precise route on which spent nuclear fuel or high-level radioactive waste has been identi- at the Yucca Mountain site, the Secretary high-level radioactive waste is to be trans- fied and designated’’. shall— ported and describe the date and approxi- ‘‘(i) publish in the Federal Register a no- mate (within 60 minutes) time of day that tice containing a legal description of the the spent nuclear fuel or high-level radio- AMENDMENT NO. 4615 Yucca Mountain site; and active waste will pass each tenth mile along On page 32, line 15, strike ‘‘The license’’ ‘‘(ii) file copies of the map described in the route.’’ and all that follows through the period on subparagraph (A), and the legal description line 18. of the Yucca Mountain site with Congress, AMENDMENT NO. 4628 the Secretary of the Interior, the Governor On page 100, line 24, strike ‘‘annul’’ and in- AMENDMENT NO. 4616 of the State of Nevada, and the Archivist of sert ‘‘annual’’. On page 32, lines 23 and 24, strike ‘‘date of the United States. enactment of the Nuclear Waste Policy Act ‘‘(3) CONSTRUCTION.—The maps and legal AMENDMENT NO. 4629 of 1996’’ and insert ‘‘date on which a site for description of the interim storage facility On page 8, lines 10 and 11, strike ‘‘specific the permanent disposition of spent nuclear site and the Yucca Mountain site referred to site within area 25 of the Nevada test’’. fuel and high-level radioactive waste has in this subsection shall have the same force been identified and designated’’. and effect as if they were included in this AMENDMENT NO. 4630 Act. The Secretary may correct clerical and On page 37, strike lines 12 through 24. AMENDMENT NO. 4617 typographical errors in the maps and legal f On page 33, strike lines 10 through 20 and descriptions and make minor adjustments in insert the following: the boundaries of the sites.’’ GLENN AMENDMENTS NOS. 4631– ‘‘(2) EMPLACEMENT OF FUEL AND WASTE.—’’. 4633 AMENDMENT NO. 4623 (Ordered to lie on the table.) AMENDMENT NO. 4618 On page 84, strike lines 15 through 20 and Mr. GLENN submitted three amend- On page 39, line 20, strike ‘‘No later than insert the following: ments intended to be proposed by him February 1,2002,’’ and insert ‘‘By February 1, ‘‘(2) The Secretary shall ensure that all 2002, or such later date as is consistent with reasonable effort is made to meet spent fuel to the bill S. 1936, supra; as follows: confident identification and designation of emplacement rates of— AMENDMENT NO. 4631 Yucca Mountain as a permanent repository ‘‘(A) 1,200 MTU in each of the first and sec- Beginning on page 95, strike line 8 and all site,’’. ond years of operation; that follows through page 97, line 20.

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AMENDMENT NO. 4632 to subject the United States to financial li- of the Nuclear Waste Policy Act of 1982 (42 Beginning on page 73, strike line 16 and all ability for transportation, storage, or dis- U.S.C. 10222), including fee sufficiency and that follows through page 74, line 3. posal of any waste generated by commercial strategies for providing equity for ratepayer nuclear utilities.’’ contributions to the Nuclear Waste Fund; AMENDMENT NO. 4633 (4) the siting and characterization process Beginning on page 43, strike line 19 and all AMENDMENT NO. 4650 for nuclear waste programs currently in ef- that follows through page 46, line 15, and in- On page 85, strike line 13 through line 15. fect and alternatives to those programs; sert the following: (5) technical, managerial, economic, and ‘‘(d) ANALYSIS OF SYSTEM PERFORMANCE.— AMENDMENT NO. 4651 policy analyses of the nuclear waste inven- tory of the United States; and The Commission Strike section 508. (6) an examination of the classification system for nuclear waste currently in effect, BRYAN AMENDMENTS NOS. 4634– AMENDMENT NO. 4652 and options for reclassification. 4665 On page 84, strike line 21 through page 85, (c) REPORT. (Ordered to lie on the table.) line 11. Not later than 2 years after the date of en- Mr. BRYAN submitted 32 amend- actment of this Act, the Commission shall ments intended to be proposed by him AMENDMENT NO. 4653 submit to Congress a report on its review to the bill S. 1936, supra; as follows: On page 79, strike line 20 through page 80 under this Act, including recommendations line 8. for legislative or other action. AMENDMENT NO. 4634 (d) LIMITATION. On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4654 Notwithstanding any other provision of ‘‘2012’’. On page 64, line 6, strike ‘‘1.0’’ and insert this Act, the Secretary shall take no actions ‘‘2.5’’. related to interim storage of spent nuclear AMENDMENT NO. 4635 fuel or high-level radioactive waste until the On page 27, line 17, strike ‘‘1998’’ and insert Commission report has been filed with Con- AMENDMENT NO. 4655 ‘‘2023’’. gress. On page 95, line 12, strike all after ‘‘Busi- (e) TERMINATION OF COMMISSION. AMENDMENT NO. 4636 ness.’’ through line 16. The Commission shall terminate 30 days On page 31, line 18, strike ‘‘15,000’’ and in- after the date on which the Commission sub- sert ‘‘850’’. AMENDMENT NO. 4656 mits its report under section 6. On page 90, strike section 603. (f) AUTHORIZATION OF APPROPRIATIONS. AMENDMENT NO. 4637 There are authorized to be appropriated On page 31, line 18, strike ‘‘15,000’’ and in- AMENDMENT NO. 4657 such sums as are necessary to carry out this sert ‘‘50’’. On page 75, strike line 10 through line 20. Act.’’

AMENDMENT NO. 4638 AMENDMENT NO. 4658 AMENDMENT NO. 4659 On page 13, after line 13, insert ‘‘(3) the pro- At the appropriate place, add On page 27, line 8, strike ‘‘1999’’ and insert tection offered States being considered by ‘‘2010’’. SEC. . INDEPENDENT REVIEW. the Department of Energy for a permanent (a) ESTABLISHMENT OF COMMISSION. repository under section 145 (g) or section 141 AMENDMENT NO. 4660 (1) IN GENERAL.—The President, in con- (g) of the Nuclear Waste Policy Act of 1982’’. sultation with the science advisor to the At the appropriate place, add: President and the Council on Environmental ‘‘SEC. 13. PRIVATE PROPERTY RIGHTS PROTEC- AMENDMENT NO. 4639 Quality, shall establish a commission to be TION. On page 13, after line 13, insert ‘‘(3) rights known as the ‘‘Nuclear Waste Policy Review (a) FINDINGS.— reserved for the State of Nevada under the Commission’’ (referred to in this act as the The Congress finds that— tenth amendment of the United States Con- ‘‘Commission’’). (1) the private ownership of property is es- stitution.’’ (2) REPRESENTATION OF INTEREST GROUPS.— sential to a free society and is an integral The membership and structure of the Com- part of the American tradition of liberty and AMENDMENT NO. 4640 mission shall be determined by the President limited government; On page 13, after line 13, insert ‘‘(3) com- with a view towards providing representa- (2) the framers of the United States Con- mitments made to the citizens of Nevada tion from— stitution, in order to protect private prop- under the Nuclear Waste Policy Act of 1982.’’ (A) Environmental groups; erty and liberty, devised a framework of (B) Consumer groups; Government designed to diffuse power and AMENDMENT NO. 4641 (C) Taxpayer groups; limit Government; On page 11, line 24, strike ‘‘1999’’ and insert (D) The scientific community, including (3) to further ensure the protection of pri- ‘‘2030’’. nuclear-oriented and other fields such as bi- vate property, the fifth amendment to the ology and medicine; United States Constitution was ratified to AMENDMENT NO. 4642 (E) State and local governments; prevent the taking of private property by the On page 11, line 24, strike ‘‘1999’’ and insert (F) Indian tribes; Federal Government, except for public use ‘‘2020’’. (G) Transportation experts; and with just compensation; (H) Management experts; (4) the purpose of the takings clause of the AMENDMENT NO. 4643 (I) Federal, State, and local regulatory fifth amendment of the United States Con- On page 11, line 24, strike ‘‘1999’’ and insert agencies; stitution, as the Supreme Court stated in ‘‘2015’’. (J) Utilities; and Armstrong v. United States, 364 U.S. 40, 49 (K) Other affected industries. (1960), is ‘‘to bar Government from forcing AMENDMENT NO. 4644 (3) INDEPENDENT STATUS.—The Commission some people alone to bear public burdens, On page 13, strike line 4 through line 13. shall be independent of the Department of which in all fairness and justice, should be Energy and other Federal agencies. borne by the public as a whole’’; AMENDMENT NO. 4645 (4) PARTICIPATION BY THE PUBLIC.—The (5) the Federal Government has singled out Commission shall hold public meetings and property holders to shoulder the cost that On page 11, strike line 19 through line 24. provide full opportunities for participation should be borne by the public, in violation of by all interested parties. the just compensation requirement of the AMENDMENT NO. 4646 (b) ISSUES TO BE CONSIDERED. takings clause of the fifth amendment of the On page 31, line 18, strike ‘‘15,000’’ and in- The Commission shall consider all issues United States Constitution; sert ‘‘455’’. related to United States policy concerning (6) there is a need both to restrain the Fed- high-level, transuranic, low-level waste, and eral Government in its overzealous regula- AMENDMENT NO. 4647 other radioactive wastes including— tion of the private sector and to protect pri- On page 31, line 5, strike ‘‘1999’’ and insert (1) various options for high-level radio- vate property, which is a fundamental right ‘‘2010’’. active waste storage and disposal, including of the American people; and deep geologic disposal, on-site dry storage, (7) the incremental, fact-specific approach AMENDMENT NO. 4648 monitored retrievable storage, centralized that courts now are required to employ in On page 31, line 18, strike ‘‘15,000’’ and in- interim storage, or any other options; the absence of adequate statutory language sert ‘‘700’’. (2) evaluation of the experiences of other to vindicate property rights under the fifth countries in storing and disposing of radio- amendment of the United States Constitu- AMENDMENT NO. 4649 active waste; tion has been ineffective and costly and At the end of Title 1, add ‘‘(h) Limita- (3) an analysis of funding through the Nu- there is a need for Congress to clarify the tion.—Nothing in this Act shall be construed clear Waste Fund established by section 302 law and provide an effective remedy.

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(b) DEFINITIONS.— likely to be subject to a taking as a result of AMENDMENT NO. 4663 (1) ‘‘just compensation’’— such storage, as defined by this Act, have re- On page 39, strike line 3 through line 8. (A) means compensation equal to the full ceived just compensation for such taking out extent of a property owner’s loss, including of the Nuclear Waste Fund.’’ AMENDMENT NO. 4664 the fair market value of the private property On page 37, strike line 13 through line 24. taken and business losses arising from a tak- AMENDMENT NO. 4661 ing, whether the taking is by physical occu- On page 27, line 8, strike ‘‘1999’’ and insert AMENDMENT NO. 4665 pation or through regulation, exaction, other ‘‘2011’’. means; and On page 37, strike line 5 through line 12. (B) shall include compounded interest cal- AMENDMENT NO. 4662 f culated from the date of the taking until the At the appropriate place, add: date the United States tenders payment; ‘‘SEC. . INDEPENDENT REVIEW. THE NUCLEAR WASTE POLICY ACT (2) ‘‘owner’’ means the owner or possessor OF 1982 AMENDMENT ACT OF 1996 of property or rights in property at the time (a) ESTABLISHMENT OF COMMISSION. (1) IN GENERAL.—The President, in con- the taking occurs, including when— (A) the statute, regulation, rule, order, sultation with the Science Advisor to the guideline, policy, or action is passed or pro- President and the Council on Environmental COCHRAN (AND LOTT) mulgated; or Quality, shall establish a commission to be AMENDMENT NO. 4666 known as the ‘‘Nuclear Waste Policy Review (B) the permit, license, authorization, or Mr. STEVENS (for Mr. COCHRAN, for governmental permission is denied or sus- Commission’’ (referred to in this act as the ‘‘Commission’’). himself and Mr. LOTT) proposed an pended; amendment to the bill, S. 1894, supra; (3) ‘‘private property’’ or ‘‘property’’ (2) REPRESENTATION OF INTEREST GROUPS.— means all property protected under the fifth The membership and structure of the Com- as follows: amendment to the Constitution of the mission shall be determined by the President At the end of the bill, insert: United States, any applicable Federal or with a view towards providing representa- SEC. . LEASE TO FACILITATE CONSTRUCTION State law, or this Act, and includes— tion from— OF RESERVE CENTER, NAVAL AIR (A) real property, whether vested or (A) Environmental groups; STATION, MERIDIAN, MISSISSIPPI. (B) Consumer groups; unvested, including— (a) LEASE OF PROPERTY FOR CONSTRUCTION (C) Taxpayer groups; (i) estates in fee, life estates, estates for OF RESERVE CENTER.—(1) The Secretary of (D) The scientific community, including years, or otherwise; the Navy may lease, without reimbursement, nuclear-oriented and other fields such as bi- (ii) inchoate interests in real property such to the State of Mississippi (in this section re- ology and medicine; as remainders and future interests; ferred to as the ‘‘State’’), approximately five (E) State and local governments; acres of real property located at Naval Air (iii) personalty that is affixed to or appur- (F) Indian tribes; Station, Meridian, Mississippi, only for use tenant to real property; (G) Transportation experts; by the State to construct a reserve center of (iv) easements; (H) Management experts; (v) leaseholds; (I) Federal, state, and local regulatory approximately 22,000 square feet and ancil- (vi) recorded liens; and agencies; lary supporting facilities. (vii) contracts or other security interests (J) Utilities; and (2) The term of the lease under this sub- in, or related to, real property; (K) Other affected industries. section shall expire on the same date that (B) the right to use water or the right to (3) INDEPENDENT STATUS.—The Commission the lease authorized by subsection (b) ex- receive water, including any recorded lines shall be independent of the Department of pires. on such water right; Energy and other Federal agencies. (b) LEASEBACK OF RESERVE CENTER.—(1) (C) rents, issues, and profits of land, in- (4) PARTICIPATION BY THE PUBLIC.—The The Secretary may lease from the State the cluding minerals, timber, fodder, crops, oil Commission shall hold public meetings and property and improvements constructed pur- and gas, coal, or geothermal energy; provide full opportunities for participation suant to subsection (a) for a five-year period. (D) property rights provided by, or memo- by all interested parties. The term of the lease shall begin on the date rialized in, a contract, except that such (b) ISSUES TO BE CONSIDERED. on which the improvements are available for rights shall not be construed under this title The Commission shall consider all issues occupancy, as determined by the Secretary. to prevent the United States from prohib- related to United States policy concerning (2) Rental payments under the lease under iting the formation of contracts deemed to high-level, transuranic, low-level waste, and paragraph (1) may not exceed $200,000 per harm the public welfare or to prevent the other radioactive wastes including— year, and the total amount of the rental pay- execution of contracts for— (1) various options for high-level radio- ments for the entire period may not exceed (i) national security reasons; or active waste storage and disposal, including 20 percent of the total cost of constructing (ii) exigencies that present immediate or deep geologic disposal, on-site dry storage, the reserve center and ancillary supporting reasonably foreseeable threats or injuries to monitored retrievable storage, centralized facilities. life or property; interim storage, or any other options; (3) Subject to the availability of appropria- (E) any interest defined as property under (2) evaluation of the experiences of other tions for this purpose, the Secretary may use State law; or countries in storing and disposing of radio- funds appropriated pursuant to an authoriza- (F) any interest understood to be property active waste; tion of appropriations for the operation and based on custom, usage, common law, or mu- (3) an analysis of funding through the Nu- maintenance of the Naval Reserve to make tually reinforcing understandings suffi- clear Waste Fund established by section 302 rental payments required under this sub- ciently well-grounded in law to back a claim of the Nuclear Waste Policy Act of 1982 (42 section. of interest; U.S.C. 10222), including fee sufficiency and (c) EFFECT OF TERMINATION OF LEASES.—At (4) ‘‘taking of private property’’, ‘‘taking’’, strategies for providing equity for ratepayer the end of the lease term under subsection or ‘‘take’’— contributions to the Nuclear Waste Fund; (b), the State shall convey, without reim- (A) means any action whereby private (4) the siting and characterization process bursement, to the United States all right, property is directly taken as to require com- for nuclear waste programs currently in ef- title, and interest of the State in the reserve pensation under the fifth amendment to the fect and alternatives to those programs; center and ancillary supporting facilities United States Constitution or under this (5) technical, managerial, economic, and subject to the lease. Act, including by physical invasion, regula- policy analyses of the nuclear waste inven- (d) ADDITIONAL TERMS AND CONDITIONS.— tion, exaction, condition, or other means. tory of the United States; and The Secretary may require such additional (c) LIMITATION.— (6) an examination of the classification terms and conditions in connection with the (1) Notwithstanding any other provision of system for nuclear waste currently in effect, leases under this section as the Secretary this Act, the Secretary shall take no actions and options for reclassification. considers appropriate to protect the inter- related to the transportation of spent nu- (c) REPORT. ests of the United States. clear fuel or high-level radioactive waste Not later than 2 years after the date of en- f until publishing in the Federal Register a de- actment of this Act, the Commission shall termination that the owners of all property submit to Congress a report on its review THE NUCLEAR WASTE POLICY ACT likely to be subject to a taking as a result of under this Act, including recommendations OF 1982 AMENDMENT ACT OF 1996 such transportation, as defined by this Act, for legislative or other action. have received just compensation for such (d) TERMINATION OF COMMISSION. taking out of the Nuclear Waste Fund. The Commission shall terminate 30 days BRYAN AMENDMENTS NOS. 4667– (2) Notwithstanding any other provision of after the date on which the Commission sub- 4824 this Act, the Secretary shall take no actions mits its report under section 6. related to the interim storage of spent nu- (e) AUTHORIZATION OF APPROPRIATIONS. (Ordered to lie on the table.) clear fuel or high-level radioactive waste There are authorized to be appropriated Mr. BRYAN submitted 158 amend- until publishing in the Federal Register a de- such sums as are necessary to carry out this ments intended to be proposed by him termination that the owners of all property Act.’’ to the bill S. 1936, supra; as follows:

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AMENDMENT NO. 4667 SEC. 133 (ii) any siting or design issue fully consid- On page 36, strike line 24 through page 37, INTERIM AT REACTOR STORAGE ered and decided by the Commission in con- line 4. Sec. 133. The Commission shall, by rule, es- nection with the issuance of a construction tablished procedures for the licensing of any permit or operating license for a civilian nu- AMENDMENT NO. 4668 technology approved by the Commission clear power reactor at such site, unless (I) On page 36, strike lines 14 through 26. under section 219(a)1 for use at the site of such issue results from any revision of siting any civilian nuclear power reactor. The es- or design criteria by the Commission fol- lowing such decision; and (II) the Commis- AMENDMENT NO. 4669 tablishment of such procedures shall not pre- clude the licensing, under any applicable sion determines that such issue substan- On page 36, strike lines 9 through 11. procedures or rules of the Commission in ef- tially affects the design, construction, or op- fect prior to such establishment, of any tech- eration of the facility or activity for which AMENDMENT NO. 4670 nology for the storage of civilian spent nu- such license application, authorization, or On page 36, line 8, strike ‘‘not’’. clear fuel at the site of any civilian nuclear amendment is being considered. power reactor. (3) The provisions of paragraph (2)(B) shall AMENDMENT NO. 4671 LICENSING OF FACILITY EXPANSIONS AND apply only with respect to licenses, author- At the appropriate place, add the following: TRANSSHIPMENTS izations, or amendments to licenses or au- ‘‘Notwithstanding any other provision of Sec. 134. (a) Oral Argument.—In any Com- thorizations, applied for under the Atomic this Act, federal interim storage of commer- mission hearing under section 189 of the Energy Act of 1954 before December 31, 2005. cial spent nuclear fuel shall only be avail- Atomic Energy Act of 1954 on an application (4) The provisions of this section shall not able as follows: for a license, or for an amendment to an ex- apply to the first application for a license or license amendment received by the Commis- Interim Storage Program isting license, filed after the date of the en- sion to expand onsite spent fuel storage ca- Findings and Purposes actment of this Act, to expand the spent nu- clear fuel storage capacity at the site of a Ci- pacity by the use of a new technology not Sec. 131. (a) Findings.—The Congress finds previously approved for use at any nuclear that— vilian nuclear power reactor, through the use of high-density fuel storage racks, fuel powerplant by the Commission. (1) the persons owning and operating civil- (c) Judicial Review.—No court shall hold ian nuclear power reactors have the primary rod compaction, the transshipment of spent nuclear fuel to another civilian nuclear unlawful or set aside a decision of the Com- responsibility for providing interim storage mission in any proceeding described in sub- of spent nuclear fuel from such reactors, by power reactor within the same utility sys- tem, the construction of additional spent nu- section (a) because of a failure by the Com- maximizing, to the extent practical, the ef- mission to use a particular procedure pursu- fective use of existing storage facilities at clear fuel pool capacity or dry storage capac- ity, or by other means, the Commission ant to this section unless— the site of each civilian nuclear power reac- (1) an objection to the procedure used was tor, and by adding new onsite storage capac- shall, at the request of any party, provide an opportunity for oral argument with respect presented to the Commission in a timely ity in a timely manner where practical; fashion or there are extraordinary cir- (2) the Federal Government has the respon- to any matter which the Commission deter- mines to be in controversy among the par- cumstances that excuse the failure to sibility to encourage and expedite the effec- ties. The oral argument shall be preceded by present a timely objection; and tive use of existing storage facilities and the such discovery procedures as the rules of the (2) the court finds that such failure has addition of needed new storage capacity at Commission shall provide. The Commission precluded a fair consideration and informed the site of each civilian nuclear power reac- shall require each party, including the Com- resolution of a significant issue of the pro- tor; and mission staff, to submit in written form, at ceeding taken as a whole. (3) the Federal Government has the respon- the time of the oral argument, a summary of sibility to provide, in accordance with the STORAGE OF SPENT NUCLEAR FUEL the facts, data, and arguments upon which provisions of this subtitle, not more than Sec. 135. (a) Storage Capacity.—(1) Subject such party proposes to rely that are known 1,900 metric tons of capacity for interim to section 8, the Secretary shall provide, in at such time to such party. Only facts and storage of spent nuclear fuel for civilian nu- accordance with paragraph (5), not more data in the form of sworn testimony or writ- clear power reactors that cannot reasonably than 1,900 metric tons of capacity for the ten submission may be relied upon by the provide adequate storage capacity at the storage of spent nuclear fuel from civilian parties during oral argument. Of the mate- nuclear power reactors. Such storage capac- sites of such reactors when needed to assure rials that may be submitted by the parties the continued, orderly operation of such re- ity shall be provided through any one or during oral argument, the Commission shall more of the following methods, used in any actors. only consider those facts and data that are (b) Purposes.—The purposes of this subtitle combination determined by the Secretary to submitted in the form of sworn testimony or are— be appropriate: written submission. (A) use of available capacity at one or (1) to provide for the utilization of avail- (b) Adjudicatory Hearing.—(1) At the con- more facilities owned by the Federal Govern- able spent nuclear fuel pools at the site of clusion of any oral argument under sub- ment on the date of the enactment of this each civilian nuclear power reactor to the section (a), the Commission shall designate Act, including the modification and expan- extent practical and the addition of new any disputed question of fact, together with sion of any such facilities, if the Commission spent nuclear fuel storage capacity where any remaining questions of law, for resolu- determines that such use will adequately practical at the site of such reactor; and tion in an adjudicatory hearing only if it de- protect the public health and safety, except (2) to provide, in accordance with the pro- termines that— that such use shall not— visions of this subtitle, for the establishment (A) there is a genuine and substantial dis- (i) render such facilities subject to licens- of a federally owned and operated system for pute of fact which can only be resolved with ing under the Atomic Energy Act of 1954 or the interim storage of spent nuclear fuel at sufficient accuracy by the introduction of the Energy Reorganization Act of 1974; or one or more facilities owned by the Federal evidence in an adjudicatory hearing; and Government with not more than 1,900 metric (B) the decision of the Commission is like- (ii) except as provided in subsection (c) re- tons of capacity to prevent disruptions in ly to depend in whole or in part on the reso- quire the preparation of an environmental the orderly operation of any civilian nuclear lution of such dispute. impact statement under section 102(2)(C) of power reactor that cannot reasonably pro- (2) In making a determination under this the National Environmental Policy Act of vide adequate spent nuclear fuel storage ca- subsection, the Commission— 1969, such facility is already being used, or pacity at the site of such reactor when need- (A) shall designate in writing the specific has previously been used, for such storage or ed. facts that are in genuine and substantial dis- for any similar purpose. Sec. 132 pute, the reason why the decision of the (B) acquisition of any modular or mobile Available Capacity for Interim Storage of agency is likely to depend on the resolution spent nuclear fuel storage equipment, in- Spent Nuclear Fuel of such facts, and the reason why an adju- cluding spent nuclear fuel storage casks, and Sec. 132. The Secretary, the Commission, dicatory hearing is likely to resolve the dis- provision of such equipment, to any person and other authorized Federal officials shall pute; and generating or holding title to spent nuclear each take such actions as such official con- (B) shall not consider— fuel, at the site of any civilian nuclear power siders necessary to encourage and expedite (i) any issue relating to the design, con- reactor operated by such person or at any the effective use of available storage, and struction, or operation of any civilian nu- site owned by the Federal Government on necessary additional storage, at the site of clear power reactor already licensed to oper- the date of enactment of this Act; each civilian nuclear power reactor con- ate at such site, or any civilian nuclear (C) construction of storage capacity at any sistent with— power reactor for which a construction per- site of a civilian nuclear power reactor. (1) the protection of the public health and mit has been granted at such site, unless the (2) Storage capacity authorized by para- safety, and the environment; Commission determines that any such issue graph (1) shall not be provided at any Fed- (2) economic considerations; substantially affects the design, construc- eral or non-Federal site within which there (3) continued operation of such reactor; tion, or operation of the facility or activity is a candidate site for a repository. The re- (4) any applicable provisions of law; and for which such license application, author- striction in the preceding sentence shall only (5) the views of the population surrounding ization, or amendment is being considered; apply until such time as the Secretary de- such reactor. or cides that such candidate site is no longer a

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8035 candidate site under consideration for devel- of any provision of less than 300 metric tons such an agreement shall be provided for and opment as a repository. of storage capacity at any one Federal site encouraged by the Secretary, the State, and (3) In selecting methods of providing stor- under subsection (a)(1)(A) that requires the the affected Tribal Council. The Secretary, age capacity under paragraph (1), the Sec- modification or expansion of any facility at in cooperation with the States and Indian retary shall consider the timeliness of the the site, and a discussion of alternative ac- tribes, shall develop and publish minimum availability of each such method and shall tivities that may be undertaken to avoid guidelines for public participation in such seek to minimize the transportation of spent such impacts. Such environmental assess- negotiations, but the adequacy of such nuclear fuel, the public health and safety im- ment shall include— guidelines or any failure to comply with pacts, and the costs of providing such stor- (i) an estimate of the amount of storage such guidelines shall not be a basis for judi- age capacity. capacity to be made available at such site; cial review. (4) In providing storage capacity through (ii) an evaluation as to whether the facili- (3) The cooperative agreement shall in- any method described in paragraph (1), the ties to be used at such site are suitable for clude, but need not be limited to, the sharing Secretary shall comply with any applicable the provision of such storage capacity; in accordance with applicable law of all tech- requirements for licensing or authorization (iii) a description of activities planned by nical and licensing information, the utiliza- of such method, except as provided in para- the Secretary with respect to the modifica- tion of available expertise, the facilitating of graph (1)(A)(i). tion or expansion of the facilities to be used permitting procedures, joint project review, (5) The Secretary shall ensure that storage at such site; and the formulation of joint surveillance and capacity is made available under paragraph (iv) an evaluation of the effects of the pro- monitoring arrangements to carry out appli- (1) when needed, as determined on the basis vision of such storage capacity at such site cable Federal and State laws. The coopera- of the storage needs specified in contracts on the public health and safety, and the en- tive agreement also shall include a detailed entered into under section 136(a), and shall vironment; plan or schedule of milestones, decision accept upon request any spent nuclear fuel (v) a reasonable comparative evaluation of points and opportunities for State or eligible as covered under such contracts. current information with respect to such site Tribal Council review and objection. Such (6) For purposes of paragraph (1)(A), the and facilities and other sites and facilities cooperative agreement shall provide proce- term ‘‘facility’’ means any building or struc- available for the provision of such storage dures for negotiating and resolving objec- ture. capacity; tions of the State and affected Tribal Coun- (b) Contracts.—(1) Subject to the capacity (vi) a description of any other sites and fa- cil in any stage of planning, development, limitation established in subsections (a) (1)3 cilities that have been considered by the modification, expansion, operation, or clo- and (d)4 the Secretary shall offer to enter Secretary for the provision of such storage sure of storage capacity at a site or facility into, and may enter into, contracts under capacity; and within such State. The terms of any coopera- section 136(a) with any person generating or (vii) an assessment of the regional and tive agreement shall not affect the authority owning spent nuclear fuel for purposes of local impacts of providing such storage ca- of the Nuclear Regulatory Commission under providing storage capacity for such spent pacity at such site, including the impacts on existing law. fuel under this section only if the Commis- transportation. (4) For the purpose of this subsection, sion determines that— (B) The issuance of any environmental as- ‘‘process of consultation and cooperation’’ (A) adequate storage capacity to ensure sessment under this paragraph shall be con- means a methodology by which the Sec- the continued orderly operation of the civil- sidered to be a final agency action subject to retary (A) keeps the State and eligible Trib- ian nuclear power reactor at which such judicial review in accordance with the provi- al Council fully and currently informed spent nuclear fuel is generated cannot rea- sions of chapter 7 of title 5, United States about the aspects of the project related to sonably be provided by the person owning Code. Such judicial review shall be limited any potential impact on the public health and operating such reactor at such site, or at to the sufficiency of such assessment with and safety and environment; (B) solicits, re- the site of any other civilian nuclear power respect to the items described in clauses (i) ceives, and evaluates concerns and objec- reactor operated by such person, and such through (vii) of subparagraph (A). tions of such State and Council with regard capacity cannot be made available in a time- (3) Judicial review of any environmental to such aspects of the project on an ongoing ly manner through any method described in impact statement or environmental assess- basis; and (C) works diligently and coopera- subparagraph (B); and ment prepared pursuant to this subsection tively to resolve, through arbitration or (B) such person is diligently pursuing li- shall be conducted in accordance with the other appropriate mechanisms, such con- censed alternatives to the use of Federal provisions of section 119. cerns and objections. The process of con- storage capacity for the storage of spent nu- (d) REVIEW OF SITES AND STATE PARTICIPA- sultation and cooperation shall not include clear fuel expected to be generated by such TION—(1) In carrying out the provisions of the grant of a right, to any State or Tribal person in the future, including— this subtitle with regard to any interim stor- Council to exercise an absolute veto of any (i) expansion of storage facilities at the age of spent fuel from civilian nuclear power aspect of the planning, development, modi- site of any civilian nuclear power reactor op- reactors which the Secretary is authorized fication, expansion, or operation of the erated by such person; by section 135 to provide, the Secretary project. (ii) construction of new or additional stor- shall, as soon as practicable, notify, in writ- (5) The Secretary and the State and af- age facilities at the site of any civilian nu- ing, the Governor and the State legislature fected Tribal Council shall seek to conclude clear power reactor operated by such person; of any State and the Tribal Council of any the agreement required by paragraph (2) as (iii) acquisition of modular or mobile spent affected Indian tribe in such State in which soon as practicable, but not later than 180 nuclear fuel storage equipment, including is located a potentially acceptable site or fa- days following the date of notification of the spent nuclear fuel storage casks, for use at cility for such interim storage of spent fuel selection under paragraph (2). The Secretary the site of any civilian nuclear power reactor of his intention to investigate that site or fa- shall periodically report to the Congress operated by such person; and cility. thereafter on the status of the agreements (iv) transshipment to another civilian nu- (2) During the course of investigation of approved under paragraph (3). Any report to clear power reactor owned by such person. such site or facility, the Secretary shall keep the Congress on the status of negotiations of (2) In making the determination described the Governor, State legislature, and affected such agreement by the Secretary shall be ac- in paragraph (1)(A), the Commission shall en- Tribal Council currently informed of the companied by comments solicited by the sure maintenance of a full core reserve stor- progress of the work, and results of the in- Secretary from the State and eligible Tribal age capacity at the site of the civilian nu- vestigations. At the time of selection by the Council. clear power reactor involved unless the Com- Secretary of any site or existing facility, but (6)(A) Upon deciding to provide an aggre- mission determines that maintenance of prior to undertaking any site-specific work gate of 300 or more metric tons of storage ca- such capability is not necessary for the con- or alterations, the Secretary shall promptly pacity under subsection (a)(1) at any one tinued orderly operation of such reactor. notify the Governor, the legislature, and any site, the Secretary shall notify the Governor (3) The Commission shall complete the de- affected Tribal Council in writing of such se- and legislature of the State where such site termination required in paragraph (1) with lection, and subject to the provisions of is located, or the governing body of the In- respect to any request for storage capacity paragraph (6) of this subsection, shall dian tribe in whose reservation such site is not later than 6 months after receipt of such promptly enter into negotiations with such located, as the case may be, of such decision. request by the Commission. State and affected Tribal Council to estab- During the 60-day period following receipt of (c) ENVIRONMENTAL REVIEW—(1) The provi- lish a cooperative agreement under which notification by the Secretary of this decision sion of 300 or more metric tons of storage ca- such State and Council shall have the right to provide an aggregate of 300 or more metric pacity at any one Federal site under sub- to participate in a process of consultation tons of storage capacity at any one site, the section (a)(1)(A) shall be considered to be a and cooperation, based on public health and Governor or legislature of the State in which major Federal action requiring preparation safety and environmental concerns, in all such site is located, or the governing body of of an environmental impact statement under stages of the planning, development, modi- the affected Indian where such site is lo- section 102(2)(C) of the National Environ- fication, expansion, operation, and closure of cated, as the case may be, may disapprove mental Policy Act of 1969. storage capacity at a site or facility within the provision of 300 or more metric tons of (2)(A) The Secretary shall prepare, and such State for the interim storage of spent storage capacity at the site involved and make available to the public, an environ- fuel from civilian nuclear power reactors. submit to the Congress a notice of such dis- mental assessment of the probable impacts Public participation in the negotiation of approval. A notice of disapproval shall be

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8036 CONGRESSIONAL RECORD — SENATE July 17, 1996 considered to be submitted to the Congress which a repository or monitored retrievable store such fuel in the facility pending fur- on the date of the transmittal of such notice storage facility developed under this Act is ther processing, storage, or disposal. Each of disapproval to the Speaker of the House available for disposal of such spent nuclear such contract shall (A) provide for payment and the President pro tempore of the Senate. fuel. to the Secretary of fees determined in ac- Such notice of disapproval shall be accom- (f) REPORT.—The Secretary shall annually cordance with the provisions of this section; panied by a statement of reasons explaining prepare and submit to the Congress a report and (B) specify the amount of storage capac- why the provision of such storage capacity on any plans of the Secretary for providing ity to be provided for the person involved. at such site was disapproved by such Gov- storage capacity under this section. Such re- (2) The Secretary shall undertake a study ernor or legislature or the governing body of port shall include a description of the spe- and, not later then 180 days after the date of such Indian tribe. cific manner of providing such storage se- the enactment of this Act, submit to the (B) Unless otherwise provided by State lected by the Secretary, if any. The Sec- Congress a report, establishing payment law, the Governor or legislature of each retary shall prepare and submit the first charges that shall be calculated on an an- State shall have authority to submit a no- such report not later than 1 year after the nual basis, commencing on or before January tice of disapproval to the Congress under date of the enactment of this Act. 1, 1996. Such payment charges and the cal- subparagraph (A). In any case in which State (g) CRITERIA FOR DETERMINING ADEQUACY culation thereof shall be published in the law provides for submissions of any such no- OF AVAILABLE STORAGE CAPACITY.—Not later Federal Register, and shall become effective tice of disapproval by any other person or than 90 days after the date of the enactment not less than 30 days after publication. Each entity, any reference in this subtitle to the of this Act, the Commission pursuant to sec- payment charge published in the Federal Governor or legislature of such State shall tion 553 of the Administrative Procedures Register under this paragraph shall remain be considered to refer instead of such other Act, shall propose, by rule, procedures and effective for a period of 12 months from the person or entity. criteria for making the determination re- effective date as the charge for the cost of (C) The authority of the Governor and leg- quired by subsection (b) that a person own- the interim storage of any spent nuclear islature of each State under this paragraph ing and operating a civilian nuclear power fuel. The report of the Secretary shall speci- shall not be applicable with respect to any reactor cannot reasonably provide adequate fy the method and manner of collection (in- site located on a reservation. spent nuclear fuel storage capacity at the ci- cluding the rates and manner of payment) (D) If any notice of disapproval is sub- vilian nuclear power reactor site when need- and any legislative recommendations deter- mitted to the Congress under subparagraph ed to ensure the continued orderly oper- mined by the Secretary to be appropriate. (A), the proposed provision of 300 or more ations of such reactor. Such criteria shall (3) Fees for storage under this subtitle metric tons of storage capacity at the site ensure the maintenance of a full core reserve shall be established on a nondiscriminatory involved shall be disapproved unless, during storage capability at the site of such reactor basis. The fees to be paid by each person en- the first period of 90 calendar days of contin- unless the Commission determines that tering into a contract with the Secretary uous session of the Congress following the maintenance of such capacity is not nec- under this subsection shall be based upon an date of the receipt by the Congress of such essary for the continued orderly operation of estimate of the pro rata costs of storage and notice of disapproval, the Congress passes a such reactor. Such criteria shall identify the related activities under this subtitle with re- resolution approving such proposed provision feasibility of reasonably providing such ade- spect to such person, including the acquisi- of storage capacity in accordance with the quate spent nuclear fuel storage capacity, tion, construction, operation, and mainte- nance of any facilities under this subtitle. procedures established in this paragraph and taking into account economic, technical, (4) The Secretary shall establish in writing subsections (d) through (f) of section 115 and regulatory, and public health and safety fac- criteria setting forth the terms and condi- such resolution thereafter becomes law. For tors, through the use of high-density fuel purposes of this paragraph, the term ‘‘resolu- tions under which such storage services shall storage racks, fuel rod compaction, trans- be made available. tion’’ means a joint resolution of either shipment of spent nuclear fuel to another ci- House of the Congress, the matter after the (5) Except as provided in section 137, noth- vilian nuclear power reactor within the same ing in this or any other Act requires the Sec- resolving clause of which is as follows: ‘‘That utility system, construction of addition there hereby is approved the provision of 300 retary, in carrying out the responsibilities of spent nuclear fuel poor capacity, or such this section, to obtain a license or permit to or more metric tons of spent nuclear fuel other technologies as may be approved by storage capacity a the site located at lll, possess or own spent nuclear fuel. the Commission. (b) LIMITATION.—No spent nuclear fuel gen- with respect to which a notice of disapproval (h) APPLICATION.—Notwithstanding any erated or owned by any department of the was submitted by lll on lll.’’. The first other provision of law, nothing in this Act United States referred to in section 101 or 102 blank space in such resolution shall be filled shall be construed to encourage, authorize, of title 5, United States Code, may be stored with the geographic location of the site in- or require the private or Federal use, pur- by the Secretary in any storage capacity volved; the second blank space in such reso- chase, lease, or other acquisition of any stor- provided under this subtitle unless such de- lution shall be filled with the designation of age facility located away from the site of partment transfers to the Secretary, for de- the State Governor and, legislature or af- any civilian nuclear power reactor and not posit in the Interim Storage Fund, amounts fected Indian tribe governing body submit- owned by the Federal Government on the equivalent to the fees that would be paid to ting the notice of disapproval involved; and date of the enactment of this Act. the Secretary under the contracts referred to the last blank space in such resolution shall (i) COORDINATION WITH RESEARCH AND DE- in this section if such spent nuclear fuel be filled with the date of submission of such VELOPMENT PROGRAM.—To the extent avail- were generated by any other person. notice of disapproval. able, and consistent with the provisions of (c) ESTABLISHMENT OF INTERIM STORAGE (E) For purposes of such consideration of this section, the Secretary shall provide FUND.—There hereby is established in the any resolution described in subparagraph spent nuclear fuel for the research and devel- Treasury of the United States a separate (D), each reference in subsections (d) and (e) opment program authorized in section 2172 fund, to be known as the Interim Storage of section 115 to a resolution of repository from spent nuclear fuel received by the Sec- Fund. The Storage Fund shall consist of— siting approval shall be considered to refer retary for storage under this section. Such (1) All receipts, proceeds, and recoveries to the resolution described in such subpara- spent nuclear fuel shall not be subject to the realized by the Secretary under subsections graph. provisions of subsection (e). (a), (b), and (e), 1 which shall be deposited in (7) As used in this section, the term ‘‘af- the Storage Fund immediately upon their re- INTERIM STORAGE FUND fected Tribal Council’’ means the governing alization; body of any Indian tribe within whose res- SEC. 136. CONTRACTS.—(1) During the period (2) any appropriations made by the Con- ervation boundaries there is located a poten- following the date of the enactment of this gress to the Storage Fund; and tially acceptable site for interim storage ca- Act, but not later than January 1, 2010, the (3) any unexpended balances available on pacity of spent nuclear fuel from civilian nu- Secretary is authorized to enter into con- the date of the enactment of this Act for clear power reactors, or within whose bound- tracts with persons who generate or own functions or activities necessary or incident aries a site of such capacity is selected by spent nuclear fuel resulting from civilian nu- to the interim storage of civilian spent nu- the Secretary, or whose federally defined clear activities for the storage of such spent clear fuel, which shall automatically be possessory or usage rights to other lands nuclear fuel in any storage capacity provided transferred to the Storage Fund on such outside of the reservation’s boundaries aris- under this subtitle: Provided, however, That date. ing out of congressionally ratified treaties, the Secretary shall not enter into contracts (d) USE OF STORAGE FUND.—The Secretary as determined by the Secretary of the Inte- for spent nuclear fuel in amounts in excess of may make expenditures from the Storage rior pursuant to a petition filed with him by the available storage capacity specified in Fund, subject to subsection (e),2 for any pur- the appropriate governmental officials of section 135(a). Those contracts shall provide pose necessary or appropriate to the conduct such tribe, may be substantially and ad- that the Federal Government will take (1) of the functions and activities of the Sec- versely affected by the establishment of any title at the civilian nuclear power reactor retary, or the provision or anticipated provi- such storage capacity. site, to such amounts of spent nuclear fuel sion of services, under this subtitle, includ- (e) LIMITATIONS.—Any spent nuclear fuel from the civilian nuclear power reactor as ing— stored under this section shall be removed the Commission determines cannot be stored (1) the identification, development, licens- from the storage site or facility involved as onsite, (2) transport the spent nuclear fuel to ing, construction, operation, decommis- soon as practicable, but in any event not a federally owned and operated interim sioning, and post-decommissioning mainte- later than 3 years following the date on away-from-reactor storage facility, and (3) nance

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8037 and monitoring of any interim storage facil- relevant financial matters for the succeeding ket yield during the month preceding each ity provided under this subtitle; 3 fiscal years, and shall be included in the fiscal year on outstanding marketable obli- (2) the administrative cost of the interim Budget of the United States Government. gations of the United States of comparable storage program; The Secretary may make expenditures from maturity. Interest payments may be deferred (3) the costs associated with acquisition, the Storage Fund, subject to appropriations with the approval of the Secretary of the design, modification, replacement, oper- which shall remain available until expended. Treasury, but any interest payments so de- ation, and construction of facilities at an in- Appropriations shall be subject to triennial ferred shall themselves bear interest. terim storage site, consistent with the re- authorization. SECTION 137 strictions in section 135; (3) If the Secretary determines that the (4) the cost of transportation of spent nu- Storage Fund contains at any time amounts Sec. 137.2 (a) Transportation.—(1) Trans- clear fuel; and in excess of current needs, the Secretary portation of spent nuclear fuel under section (5) impact assistance as described in sub- may request the Secretary of the Treasury 136(a) shall be subject to licensing and regu- section (e). to invest such amounts, or any portion of lation by the Commission and by the Sec- (e) IMPACT ASSISTANCE.—(1) Beginning the such amounts as the Secretary determines to retary of Transportation as provided for first fiscal year which commences after the be appropriate, in obligations of the United transportation of commercial spent nuclear date of the enactment of this Act, the Sec- States— fuel under existing law. retary shall make annual impact assistance (A) having maturities determined by the (2) The Secretary, in providing for the payments to a State or appropriate unit of Secretary of the Treasury to be appropriate transportation of spent nuclear fuel under local government, or both, in order to miti- to the needs of the Storage Fund; and this Act, shall utilize by contract private in- gate social or economic impacts occasioned (B) bearing interest at rates determined to dustry to the fullest extent possible in each by the establishment and subsequent oper- be appropriate by the Secretary of the Treas- aspect of such transportation. The Secretary ation of any interim storage capacity within ury, taking into consideration the current shall use direct Federal services for such the jurisdictional boundaries of such govern- average market yield on outstanding mar- transportation only upon a determination of ment or governments and authorized under ketable obligations of the United States with the Secretary of Transportation, in consulta- this subtitle: Provided, however, That such remaining periods to maturity comparable tion with the Secretary, that private indus- impact assistance payments shall not exceed to the maturities of such investments, ex- try is unable or unwilling to provide such (A) ten per centum of the costs incurred in cept that the interest rate on such invest- transportation services at reasonable cost.’’ paragraphs (1) and (2), or (B) $15 per kilo- ments shall not exceed the average interest gram of spent fuel, whichever is less; rate applicable to existing borrowings. AMENDMENT NO. 4672 (2) Payments made available to States and (4) Receipts, proceeds, and recoveries real- On page 96, line 7, strike all after ‘‘Serv- units of local government pursuant to this ized by the Secretary under this section, and ice.’’ through the end of line 12. section shall be— expenditures of amounts from the Storage (A) allocated in a fair and equitable man- Fund, shall be exempt from annual appor- AMENDMENT NO. 4673 ner with a priority to those States or units tionment under the provisions of subchapter Strike all after the enacting clause, and in- of local government suffering the most se- II of chapter 15 of title 31, United States sert: vere impacts; and Code. ‘‘TITLE I. INDEPENDENT REVIEW (B) utilized by States or units of local gov- (5) If at any time the moneys available in ernments only for (i) planning, (ii) construc- the Storage Fund are insufficient to enable SECTION 1. SHORT TITLE. tion and maintenance of public services, (iii) the Secretary to discharge his responsibil- This Act may be cited as the ‘‘Nuclear provision of public services related to the ities under this subtitle, the Secretary shall Waste Independent Review Act’’. providing of such interim storage authorized issue to the Secretary of the Treasury obli- SEC. 2. FINDINGS. under this title, and (iv) compensation for gations in such forms and denominations, Congress find that— loss of taxable property equivalent to that if bearing such maturities, and subject to such (1) despite the enactment of the Nuclear the storage had been provided under private terms and conditions as may be agreed to by Waste Policy Act of 1982 (42 U.S.C. 10101 et ownership. the Secretary and the Secretary of the seq.), ratepayer contributions to the Nuclear (3) Such payments shall be subject to such Treasury. The total of such obligations shall Waste Fund established by section 302 of the terms and conditions as the Secretary deter- not exceed amounts provided in appropria- Act (42 U.S.C. 10222) of over $6,000,000,000, and mines necessary to ensure that the purposes tion Acts. Redemption of such obligations expenditures of over $4,000,000,000, the high- of this subsection shall be achieved. The Sec- shall be made by the Secretary from moneys level radioactive waste program is behind retary shall issue such regulations as may be available in the Storage Fund. Such obliga- schedule and is the subject of numerous fun- necessary to carry out the provisions of this tions shall bear interest at a rate determined damental controversies, including the very subsection. by the Secretary of the Treasury, which concept of deep geologic storage; (4) Payments under this subsection shall be shall be not less than a rate determined by (2) the Federal Government’s only pro- made available solely from the fees deter- taking into consideration the average mar- posed transuranic waste disposal facility, the mined under subsection (a). ket yield on outstanding marketable obliga- Waste Isolation Pilot Plant (WIPP), is beset (5) The Secretary is authorized to consult tions of the United States of comparable ma- with unresolved engineering, geologic, and with States and appropriate units of local turities during the month preceding the certification problems and suffers from cost government in advance of commencement of issuance of the obligations under this para- overruns; establishment of storage capacity authorized graph. The Secretary of the Treasury shall (3) Federal and State efforts to site low- under this subtitle in an effort to determine purchase any issued obligations, and for such level radioactive waste disposal sites have the level of the payment such government purpose the Secretary of the Treasury is au- failed in many instances because of technical would be eligible to receive pursuant to this thorized to use as a public debt transaction problems and public opposition; and subsection. the proceeds from the sale of any securities (4) there has never been a comprehensive (6) As used in this subsection, the term issued under chapter 31 of title 31, United independent review of Federal nuclear waste ‘‘unit of local government’’ means a county, States Code, and the purposes for which se- policies. parish, township, municipality, and shall in- curities may be issued under such Act are ex- SEC. 3. PURPOSE. clude a borough existing in the State of tended to include any purchase of such obli- The purpose of this Act is to establish a Alaska on the date of the enactment of this gations. The Secretary of the Treasury may commission to conduct a full independent re- subsection, and any other unit of govern- at any time sell any of the obligations ac- view of United States nuclear waste policy. ment below the State level which is a unit of quired by him under this paragraph. All re- SEC. 4. ESTABLISHMENT OF COMMISSION. general government as determined by the demptions, purchases, and sales by the Sec- (a) IN GENERAL.—The President, in con- Secretary. retary of the Treasury of obligations under sultation with the Science Advisor to the (f) ADMINISTRATION OF STORAGE FUND.—(1) this paragraph shall be treated as public debt President and the Council on Environmental The Secretary of the Treasury shall hold the transactions of the United States. Quality, shall establish a commission to be Storage Fund and, after consultation with (6) Any appropriations made available to known as the ‘‘Nuclear Waste Policy Review the Secretary, annually report to the Con- the Storage Fund for any purpose described Commission’’ (referred to in this act as the gress on the financial condition and oper- in subsection (d) shall be repaid into the gen- ‘‘Commission’’). ations of the Storage Fund during the pre- eral fund of the Treasury, together with in- (b) REPRESENTATION OF INTEREST GROUPS.— ceding fiscal year. terest from the date of availability of the ap- The membership and structure of the Com- (2) The Secretary shall submit the budget propriations until the date of repayment. mission shall be determined by the President of the Storage Fund to the Office of Manage- Such interest shall be paid on the cumu- with a view toward providing representation ment and Budget triennially along with the lative amount of appropriations available to from— budget of the Department of Energy sub- the Storage Fund, less the average (1) Environmental groups; mitted at such time in accordance with undisbursed cash balance in the Storage (2) Consumer groups; chapter 11 of title 31, United States Code. Fund account during the fiscal year in- (3) Taxpayer groups; The budget of the Storage Fund shall consist volved. The rate of such interest shall be de- (4) The scientific community, including of estimates made by the Secretary of ex- termined by the Secretary of the Treasury nuclear-oriented and other fields such as bi- penditures from the Storage Fund and other taking into consideration the average mar- ology and medicine;

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8038 CONGRESSIONAL RECORD — SENATE July 17, 1996 (5) State and local governments; (2) the deep geologic high level radioactive sity of providing such storage) and until the (6) Indian tribes; waste and spent nuclear fuel repository envi- date of the Secretary’s first acceptance of (7) Transportation experts; sioned by the Nuclear Waste Policy Act of that person’s spent fuel at a storage or dis- (8) Management experts; 1982 (42 U.S.C. 10101 et. seq.) will not be con- posal facility authorized by this Act. (9) Federal, State, and local regulatory structed in time to permit the Secretary to ‘‘(2) The credits described in paragraph agencies; receive and accept high level radioactive (1)— (10) Utilities; and waste or spent nuclear fuel as contemplated ‘‘(A) shall be deducted from each remit- (11) Other affected industries. by sections 123 and 302 of that Act (42 U.S.C. tance of a person’s fee payments to the Nu- (c) INDEPENDENT STATUS.—The Commission 10143, 10222), with the result that the Sec- clear Waste Fund from the time that the per- shall be independent of the Department of retary will be unable to perform contracts son meets the conditions of paragraph (1) Energy and other Federal agencies. executed pursuant to section 302(a) of that until the time that the Secretary first ac- (d) PARTICIPATION BY THE PUBLIC.—The Act with persons who generate or hold title cepts that person’s spent fuel at a storage or Commission shall hold public meetings and to high level radioactive waste or spend nu- disposal facility authorized by this Act; and provide full opportunities for participation clear fuel; ‘‘(B) shall be in an amount determined by by all interested parties. (3) there have been no orders for the devel- the Secretary to reflect the cost of storage SEC. 5. ISSUES TO BE CONSIDERED. opment or construction of civilian nuclear qualifying under subsection (f)(1).’’ The Commission shall consider all issues power generating facilities since the enact- AMENDMENT NO. 4674 related to United States policy concerning ment of the Nuclear Waste Policy Act of Strike all after the enacting clause, and in- high-level, transuranic, low-level waste, and 1982; several such facilities that were antici- sert other radioactive wastes including— pated when the Act was enacted are not op- (1) various options for high-level radio- erating now; ‘‘SECTION 1. SHORT TITLE. active waste storage and disposal, including (4) it does not now appear that a deep geo- This Act may be cited as the ‘‘Independent deep geologic disposal, on-site dry storage, logic high level radioactive waste and spend Spent Nuclear Fuel Storage Act of 1995’’. monitored retrievable storage, centralized nuclear fuel repository will be available be- SEC. 2. TABLE OF CONTENTS. interim storage, or any other options; fore the year 2010 or later; Sec. 1. Short title. (2) evaluation of the experiences of other (5) by the time a deep geologic repository Sec. 2. Table of contents. countries in storing and disposing of radio- is available many currently operating com- Sec. 3. Definitions. active waste; mercial nuclear reactors will need spend fuel Sec. 4. Findings. (3) an analysis of funding through the Nu- storage capacity beyond the maximum now Sec. 5. Amendments to the Nuclear Waste clear Waste Fund established by section 302 available in at-reactor spent fuel storage Policy Act of 1982. of the Nuclear Waste Policy Act of 1982 (42 pools; nuclear utilities have spent and will U.S.C. 10222), including fee sufficiency and SEC. 3. DEFINITIONS. spend major sums to construct facilities, in- For purposes of this Act— strategies for providing equity for ratepayer cluding dry cask spend fuel storage facili- contributions to the Nuclear Waste Fund; (1) the term ‘‘Commission’’ means the Nu- ties, for use in the interim before a deep geo- clear Regulatory Commission; and (4) the siting and characterization process logic repository is available; for nuclear waste programs currently in ef- (2) the term ‘‘Secretary’’ means the Sec- (6) the sums spent for the purposes de- retary of the Department of Energy. fect and alternatives to those programs; scribed in paragraph (5) are the same funds (5) technical, managerial, economic, and that commercial nuclear utilities intended SEC. 4. FINDINGS. policy analyses of the nuclear waste inven- to contribute to the Nuclear Waste Fund es- The Congress finds that— tory of the United States; and tablished by section 302(c) of the Nuclear (1) By 1998, approximately 45,000 tons of (6) an examination of the classification Waste Policy Act of 1982 (42 U.S.C. 10222 (c)); spent nuclear fuel will be stored at commer- system for nuclear waste currently in effect, (7) the technology for long term storage of cial nuclear reactors across the nation; and options for reclassification. spent nuclear fuel, including the technology (2) the deep geologic high level radioactive SEC. 6. REPORT. of dry cask storage, has improved dramati- waste and spent nuclear fuel repository envi- Not later than 2 years after the date of en- cally since the enactment of the Nuclear sioned by the Nuclear Waste Policy Act of actment of this Act, the Commission shall Waste Policy Act of 1982; 1982 (42 U.S.C. 10101 et. seq.) will not be con- submit to Congress a report on its review (8) the existing statutory jurisdiction of structed in time to permit the Secretary to under this Act, including recommendations the Commission, under the Atomic Energy receive and accept high level radioactive for legislative or other action. Act of 1954 (42 U.S.C. 2001 et. seq.), the En- waste or spent nuclear fuel as contemplated SEC. 7. MORATORIUM ON ISSUANCE OF LI- ergy Reorganization Act of 1974 (42 U.S.C. by sections 123 and 302 of that Act (42 U.S.C. CENSES. 5801 et. seq.), Executive Order 11834 (42 U.S.C. 10143, 10222), with the result that the Sec- No Federal agency may issue a license for 5801 note), the Nuclear Regulatory Commis- retary will be unable to perform contracts a facility for the storage or disposal of radio- sion Reorganization Plan No. 1 of 1980, and executed pursuant to section 302(a) of that active waste (except a license for temporary the Commission’s various authorization Acts Act with persons who generate or hold title on-site storage) until the date on which the includes the jurisdiction to review and evalu- to high level radioactive waste or spent nu- Commission submits its report under section ate the spent fuel storage capability of com- clear fuel; 6. mercial nuclear utilities that hold or seek li- (3) there have been no orders for the devel- SEC. 8. TERMINATION OF COMMISSION. censes to receive and possess nuclear mate- opment or construction of civilian nuclear The Commission shall terminate 30 days rials from the Commission; power generating facilities since the enact- after the date on which the Commission sub- (9) commercial nuclear utilities that hold ment of the Nuclear Waste Policy Act of mits its report under section 6. licenses to receive and possess nuclear mate- 1982; several such facilities that were antici- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. rials are generally well suited to maintain pated when the Act was enacted are not op- There are authorized to be appropriated the institutional capability necessary to be- erating now; such sums as are necessary to carry out this come stewards of spent nuclear fuel during a (4) it does not now appear that a deep geo- Act. period of interim storage; logic high level radioactive waste and spent (10) the increased radioactive decay that nuclear fuel repository will be available be- TITLE II. RATEPAYER EQUITY. will occur in spent nuclear fuel that has been fore the year 2010 or later; SECTION 1. SHORT TITLE. stored for interim period prior to the deliv- (5) by the time a deep geologic repository This Act may be cited as the ‘‘Independent ery to the Secretary pursuant to section 123 is available many currently operating com- Spend Nuclear Fuel Storage Act of 1995’’. of the Nuclear Waste Policy Act of 1982 (42 mercial nuclear reactors will need spent fuel SEC. 2. TABLE OF CONTENTS. U.S.C. 10143) will ease and facilitate its sub- storage capacity beyond the maximum now Sec. 1. Short title. sequent handling, transportation, and final available in at-reactor spent fuel storage Sec. 2. table of contents. disposal. pools; nuclear utilities have spent and will Sec. 3. Definitions. SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE spend major sums to construct facilities, in- Sec. 4. Findings. POLICY ACT OF 1982. cluding dry cask spent fuel storage facilities, Sec. 5. Amendments to the Nuclear Waste Section 302 of the Nuclear Waste Policy for use in the interim before a deep geologic Policy Act of 1982. Act of 1982 (42 U.S.C. 10222(a)) is amended by repository is available; SEC. 3. DEFINITIONS. inserting at the end thereof the following (6) the sums spent for the purposes de- For purposes of this Act— new subsection: scribed in paragraph (5) are the same funds (1) the term ‘‘Commission’’ means the Nu- ‘‘(f)(1) After January 31, 1998, if the Sec- that commercial nuclear utilities intended clear Regulatory Commission; and retary does not have a facility available to to contribute to the Nuclear Waste Fund es- (2) the term ‘‘Secretary’’ means the Sec- accept spent fuel from persons holding con- tablished by section 302(c) of the Nuclear retary of the Department of Energy. tracts under this section, those persons may, Waste Policy Act of 1982 (42 U.S.C. 10222 (c)); SEC. 4. FINDINGS. through credits on fee payments under sub- (7) the technology for long term storage of The Congress finds that— section (a)(2), offset the expense of providing spent nuclear fuel, including the technology (1) By 1998, approximately 45,000 tons of storage of spent fuel generated after that of dry cask storage, has improved dramati- spend nuclear fuel will be stored at commer- date (including expenses reasonably incurred cally since the enactment of the Nuclear cial nuclear reactors across the nation; before that date in anticipation of the neces- Waste Policy Act of 1982;

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8039 (8) the existing statutory jurisdiction of (A) Environmental groups; (A) Environmental Groups, the Commission, under the Atomic Energy (B) Consumer groups; (B) Consumer groups; Act of 1954 (42 U.S.C. 2001 et. seq.), the En- (C) Taxpayer groups; (C) Taxpayer groups; ergy Reorganization Act of 1974 (42 U.S.C. (D) The scientific community, including (D) The scientific community, including 5801 et. seq.), Executive Order 11834 (42 U.S.C. nuclear-oriented and other fields such as bi- nuclear-oriented and other fields such as bi- 5801 note), the Nuclear Regulatory Commis- ology and medicine; ology and medicine; sion Reorganization Plan No. 1 of 1980, and (E) State and local governments; (E) State and local governments; the Commission’s various authorization Acts (F) Indian tribes; (F) Indian tribes; includes the jurisdiction to review and evalu- (G) Transportation experts; (G) Transportation experts; ate the spent fuel storage capability of com- (H) Management experts; (H) Management experts; mercial nuclear utilities that hold or seek li- (I) Federal, State, and local regulatory (I) Federal, State, and local regulatory censes to receive and possess nuclear mate- agencies; agencies; rials from the Commission; (J) Utilities; and (J) Utilities; and (K) Other affected industries. (9) commercial nuclear utilities that hold (K) Other affected industries. (3) INDEPENDENT STATUS.—The Commission licenses to receive and possess nuclear mate- (3) INDEPENDENT STATUS.—The Commission shall be independent of the Department of rials are generally well suited to maintain shall be independent of the Department of Energy and other Federal agencies. the institutional capability necessary to be- Energy and other Federal agencies. (4) PARTICIPATION BY THE PUBLIC.—The come stewards of spent nuclear fuel during a (4) PARTICIPATION BY THE PUBLIC.—The Commission shall hold public meetings and period of interim storage; Commission shall hold public meetings and provide full opportunities for participation (10) the increased radioactive decay that provide full opportunities for participation by all interested parties. will occur in spent nuclear fuel that has been by all interested parties. (b) ISSUES TOBECONSIDERED. stored for interim periods prior to delivery (b) ISSUES TO BE CONSIDERED. The Commission shall consider all issues to the Secretary pursuant to section 123 of The Commission shall consider all issues related to United States policy concerning the Nuclear Waste Policy Act of 1982 (42 related to United States policy concerning high-level, traumatic, low-level waste, and U.S.C. 10143) will ease and facilitate its sub- high-level, transuranic, low level waste, and other radioactive wastes including— sequent handling, transportation, and final other radioactive wastes including— (1) various options for high-level radio- disposal. (1) various options for high-level radio- active waste storage and disposal, including SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE active waste storage and disposal, including deep geologic disposal, on-site dry storage, POLICY ACT OF 1982. deep geologic disposal, on-site dry storage, monitored retrievable storage, centralized Section 302 of the Nuclear Waste Policy monitored retrievable storage, centralized interim storage, or any other options; Act of 1982 (42 U.S.C. 10222 (a)) is amended by interim storage, or any other options; (2) evaluation of the experience of other inserting at the end thereof the following (2) evaluation of the experiences of other countries in storing and disposing of radio- new subsection: countries in storing and disposing of radio- active waste; ‘‘(f)(1) After January 31, 1998, if the Sec- active waste; (3) an analysis of funding through the Nu- retary does not have a facility available to (3) an analysis of funding through the Nu- clear Waste Fund established by section 302 accept spent fuel from persons holding con- clear Waste Fund established by section 302 of the Nuclear Waste Policy Act of 1982 (42 tracts under this section, those persons may, of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222), including fee sufficiency and through credits on fee payments under sub- U.S.C. 10222), including fee sufficiency and strategies for providing equity for ratepayer section (a)(2), offset the expense of providing strategies for providing equity for ratepayer contributions to the Nuclear Waste Fund; storage of spent fuel generated after that contributions to the Nuclear Waste Fund; (4) the siting and characterization process that (including expenses reasonably incurred (4) the siting and characterization process for nuclear waste programs currently in ef- before that date in anticipation of the nec- for nuclear waste programs currently in ef- fect and alternatives to those programs; essary of providing such storage) and until fect and alternatives to those programs; (5) technical, managerial, economic, and the date of the Secretary’s first acceptance (5) technical, managerial, economic, and policy analyses of the nuclear waste inven- of that person’s spent fuel at a storage or policy analyses of the nuclear waste inven- tory of the United States; and disposal facility authorized by this Act. tory of the United States; and (6) an examination of the classification ‘‘(2) The credits described in paragraph (6) an examination of the classification system for nuclear waste currently in effect, (1)— system for nuclear waste currently in effect, and options for reclassification. ‘‘(A) shall be deducted from each remit- and options for reclassification. (c). REPORT. tance of a person’s fee payments to the Nu- (c) REPORT. Not later than 2 years after the date of en- clear Waste Fund from the time that the per- Not later than 2 years after the date of en- actment of this Act, the Commission shall son meets the conditions of paragraph (1) actment of this Act, the Commission shall submit to Congress a report on its review until the time that the Secretary first ac- submit to Congress a report on its review under this Act, including recommendations cepts that person’s spent fuel at a storage or under this Act, including recommendations for legislative or other action. disposal facility authorized by this Act; and for legislative or other action. (d) TERMINATION OF COMMISSION. ‘‘(B) shall be in an amount determined by (d) MORATORIUM ON ISSUANCE OF LICENSES. The Commission shall terminate 30 days the Secretary to reflect the cost of storage No Federal agency may issue a license for after the date on which the Commission sub- qualifying under subsection (f)(1).’’ a facility for the storage or disposal or radio- mits its report under section 6. AMENDMENT NO. 4675 active waste (except a license for temporary (e) AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated On page 73, strike line 1 though line 13. on-site storage) until the date on which the Commission submits its report under section such sums as are necessary to carry out this 6. Act.’’ AMENDMENT NO. 4676 (e) TERMINATION OF COMMISSION. On page 40, strike line 9 through line 13. The Commission shall terminate 30 days AMENDMENT NO. 4681 after the date on which the Commission sub- On page 45, line 2, strike ‘‘1,000’’ and insert AMENDMENT NO. 4677 mits its report under section 6. ‘‘20,000’’. On page 72, strike line 18 through line 25. (f) AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated AMENDMENT NO. 4682 AMENDMENT NO. 4678 such sums as are necessary to carry out this On page 45, line 2, strike ‘‘1,000’’ and insert On page 41, line 6, strike ‘‘unreasonable’’. Act.’’ ‘‘15,000’’.

AMENDMENT NO. 4679 AMENDMENT NO. 4680 AMENDMENT NO. 4683 On page 51, strike line 5 through page 54 On page 51, strike line 5 through page 54 On page 44, line 15, strike all after ‘‘re- line 15, and insert line 15, and insert leases’’ through the end of line 23. ‘‘(a) ESTABLISHMENT OF COMMISSION. ‘‘(a) ESTABLISHMENT OF COMMISSION. (1) IN GENERAL.—The President, in con- (1) IN GENERAL.—The President, in con- AMENDMENT NO. 4684 sultation with the science advisor to the sultation with the science advisor to the On page 44, line 19, strike ‘‘unreasonable’’. President and the council on environmental President and the Council on Environmental quality, shall establish a commission to be quality, shall establish a commission to be AMENDMENT NO. 4685 known as the ‘‘Nuclear Waste Policy Review known as the ‘‘Nuclear Waste Policy Review Commission’’ (referred to in this act as the Commission’’ (referred to in this Act as the On page 44, line 1, strike ‘‘not’’. ‘‘Commission’’). ‘‘Commission’’). AMENDMENT NO. 4686 (2) REPRESENTATION OF INTEREST GROUPS.— (2) REPRESENTATION OF INTEREST GROUPS.— The membership and structure of the Com- The Membership and structure of the Com- On page 43, line 21, strike ‘‘not’’. mission shall be determined by the President mission shall be determined by the President with a view toward providing representation with a view toward providing representation AMENDMENT NO. 4687 from— from— At the appropriate place, insert:

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SEC. . TENTH AMENDMENT PROTECTION. AMENDMENT NO. 4697 SEC. 5. ISSUES TO BE CONSIDERED. (a) FINDINGS.—The Congress finds that— On page 27, line 17, strike ‘‘1998’’ and insert The Commission shall consider all issues (1) in most areas of governmental concern, ‘‘2013’’. related to United States policy concerning State governments possess both the Con- high-level, transuranic, low-level waste, and stitutional authority and the competence to AMENDMENT NO. 4698 other radioactive wastes including— discern the needs and the desires of the Peo- (1) various options for high-level radio- ple and to govern accordingly; On page 27, line 17, strike ‘‘1998’’ and insert active waste storage and disposal, including (2) Federal laws and agency regulations, ‘‘2012’’. deep geologic disposal, on-site dry storage, which have interfered with State powers in monitored retrievable storage, centralized areas of State jurisdiction, should be re- AMENDMENT NO. 4699 interim storage, or any other options; stricted to powers delegated to the Federal On page 27, line 17, strike ‘‘1998’’ and insert (2) evaluation of the experiences of other Government by the Constitution; ‘‘2011’’. countries in storing and disposing of radio- (3) the framers of the Constitution in- active waste; tended to bestow upon the Federal Govern- AMENDMENT NO. 4700 (3) an analysis of funding through the Nu- ment only limited authority over the States On page 27, line 17, strike ‘‘1998’’ and insert clear Waste Fund established by section 302 and the People; ‘‘2010’’. of the Nuclear Waste Policy Act of 1982 (42 (4) under the Tenth Amendment to the U.S.C. 10222), including fee sufficiency and Constitution, the powers not delegated to AMENDMENT NO. 4701 strategies for providing equity for ratepayer the United States by the Constitution, nor contributions to the Nuclear Waste Fund; Strike all after the enacting clause, and in- prohibited by it to the States, are reserved (4) the siting and characterization process sert: to the States respectively, or to the people; for nuclear waste programs currently in ef- and SECTION 1. SHORT TITLE. fect and alternatives to those programs; (5) the courts, which have in general con- This Act may be cited as the ‘‘Nuclear (5) technical, managerial, economic, and strued the Tenth Amendment not to restrain Waste Independent Review Act’’. policy analyses of the nuclear waste inven- the Federal Government’s power to act in SEC. 2. FINDINGS. tory of the United States; and areas of State jurisdiction, should be di- Congress finds that— (6) an examination of the classification rected to strictly construe Federal laws and (1) despite the enactment of the Nuclear system for nuclear waste currently in effect, regulations which interfere with State pow- Waste Policy Act of 1982 (42 U.S.C. 10101 et and options for reclassification. ers with a presumption in favor of State au- seq.), ratepayer contributions to the Nuclear SEC. 6. REPORT. thority and against Federal preemption. Waste Fund established by section 302 of the Not later than 2 years after the date of en- (b) LIMITATION.—No preemption of State Act (42 U.S.C. 10222) of over $6,000,000,000, and actment of this Act, the Commission shall law under this Act shall be effective until expenditures of over $4,000,000,000, the high- submit to Congress a report on its review the Secretary has published in the Federal level radioactive waste program is behind under this Act, including recommendations Register a determination demonstrating the scheduled and is the subject of numerous for legislative or other action. Constitutional basis for the preemption. fundamental controversies, including the SEC. 7 MORATORIUM ON ISSUANCE OF LICENSES. Such determination shall be subject to chal- very concept of deep geologic storage; lenge through the federal court system. No Federal agency may issue a license for (2) the Federal Government’s only pro- a facility for the storage or disposal of radio- posed transuranic waste disposal facility, the AMENDMENT NO. 4688 active waste (except a license for temporary Waste Isolation Pilot Plant (WIPP), is beset on-site storage) until the date on which the On page 71, strike line 12 through line 21. with unresolved engineering, geologic, and Commission submits its report under section certification problems and suffers from cost 6. AMENDMENT NO. 4689 overruns; SEC. 8. TERMINATION OF COMMISSION. At the appropriate place, add: (3) Federal and State efforts to site low- The commission shall terminate 30 days SEC. . SAFE TRANSPORTATION ASSURANCE. level radioactive waste disposal sites have after the date on which the Commission sub- Notwithstanding any other provision of failed in many instances because of technical mits its report under section 6. this Act, no transportation of spent nuclear problems and public opposition; and fuel and high-level nuclear waste shall take (4) there has never been a comprehensive SEC. 9. AUTHORIZATION OF APPROPRIATIONS. place under this Act unless the Secretary independent review of Federal nuclear waste There are authorized to be appropriated has determined through rulemaking that all policies. such sums as are necessary to carry out this Act. States, units of local governments, and In- SEC. 3. PURPOSE. dian tribes through whose jurisdiction the The purpose of this Act is to establish a AMENDMENT NO. 4702 Secretary plans to transport spent fuel or commission to conduct a full independent re- high-level radioactive waste have developed view of United States nuclear waste policy. At the appropriate place, insert: and implemented plans to ensure the public SEC. 4. ESTABLISHMENT OF COMMISSION. SEC. . FISCAL RESPONSIBILITY LIMITATION. safety. Such plans shall include emergency (a) IN GENERAL.—The President, in con- Nothwithstanding any other provision of response training, evacuation plans, and any sultation with the science advisor to the this Act, no funds authorized under this Act other requirements the Secretary deems nec- President and the Council on Environmental shall be expended in any fiscal year during essary. The Secretary shall include in such Quality, shall establish a commission to be which the Secretary does not publish in the determination an analysis of the sources of known as the ‘‘Nuclear Waste Policy Review Federal Register a fee sufficiency report funding for such plans. Commission’’ (referred to in this act as the which demonstrates that contract holders ‘‘Commission’’). will pay the full cost of the storage and dis- AMENDMENT NO. 4690 (b) REPRESENTATION OF INTEREST GROUPS.— posal of all spent nuclear fuel and high-level Strike section 501. The membership and structure of the Com- radioactive waste produced in relation to ci- mission shall be determined by the President vilian nuclear power reactors. Such report AMENDMENT NO. 4691 with a view towards providing representa- shall include the estimated total life cycle On page 27, line 17, strike ‘‘1998’’ and insert tion from— cost of all expenditures authorized by this ‘‘2019’’. (1) environmental groups; Act, the estimated total payments of con- (2) consumer groups; tract holders to the Nuclear Waste Fund, the AMENDMENT NO. 4692 (3) taxpayer groups; estimated proportionate share of the total On page 27, line 17, strike ‘‘1998’’ and insert (4) the scientific community, including nu- life cycle cost attributable to disposal, stor- ‘‘2018’’. clear-oriented and other fields such as biol- age, and transportation of spent nuclear fuel ogy and medicine; and high-level radioactive waste produced by AMENDMENT NO. 4693 (5) State and local governments; contract holders, and the surplus or shortfall On page 27, line 17, strike ‘‘1998’’ and insert (6) Indian tribes; of contract holders’ payments versus propor- ‘‘2017’’. (7) transportation experts; tionate share of the costs. (8) management experts; AMENDMENT NO. 4694 (9) Federal, State, and local regulatory AMENDMENT NO. 4703 On page 27, line 17, strike ‘‘1998’’ and insert agencies; SEC. . LIMITATION. ‘‘2016’’. (10) utilities; and Notwithstanding any other provisions of (11) other affected industries. this Act, no facility for the interim storage AMENDMENT NO. 4695 (c) INDEPENDENT STATUS.—The Commission of spent nuclear fuel or high-level radio- On page 27, line 17, strike ‘‘1998’’ and insert shall be independent of the Department of active waste shall be sited in a State under ‘‘2015’’. Energy and other Federal agencies. consideration as a site for a permanent re- (d) PARTICIPATION BY THE PUBLIC.—The pository. AMENDMENT NO. 4696 Commission shall hold public meetings and On page 27, line 17, strike ‘‘1998’’ and insert provide full opportunities for participation AMENDMENT NO. 4704 ‘‘2014’’. by all interested parties. Strike section 502.

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AMENDMENT NO. 4705 AMENDMENT NO. 4727 AMENDMENT NO. 4749 On page 74, strike line 1 through line 3. On page 26, line 25, strike ‘‘of spent nuclear On page 57, line 19, strike ‘‘local’’. fuel and’’. AMENDMENT NO. 4706 AMENDMENT NO. 4750 On page 73, line 21, strike all after ‘‘sys- AMENDMENT NO. 4728 On page 31, line 5, strike ‘‘1999’’ and insert tem.’’ through page 74, line 3. On page 27, line 7, strike all after ‘‘Act.’’ ‘‘2018’’. through page 32, line 18. AMENDMENT NO. 4707 AMENDMENT NO. 4751 On page 73, strike line 17 through the word AMENDMENT NO. 4729 On page 31, line 18, strike ‘‘15,000’’ and in- ‘‘system.’’ on line 21. On page 34, strike line 15 through line 18. sert ‘‘750’’.

AMENDMENT NO. 4708 AMENDMENT NO. 4730 AMENDMENT NO. 4752 On page 72, strike section 404. On page 33, strike line 10 through line 19. On page 58, line 22, strike ‘‘None of the’’.

AMENDMENT NO. 4709 AMENDMENT NO. 4731 AMENDMENT NO. 4753 On page 27, line 8, strike ‘‘1999’’ and insert On page 31, line 5, strike ‘‘1999’’ and insert On page 58, strike line 1 through line 20. ‘‘2025’’. ‘‘2025’’. AMENDMENT NO. 4754 AMENDMENT NO. 4710 AMENDMENT NO. 4732 On page 55, line 16, strike ‘‘local’’. On page 27, line 8, strike ‘‘1999’’ and insert On page 46, strike from line 1 through line ‘‘2024’’. 14. AMENDMENT NO. 4755 On page 56, line 22, strike ‘‘local’’. AMENDMENT NO. 4711 AMENDMENT NO. 4733 On page 27, line 8, strike ‘‘1999’’ and insert On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4756 ‘‘2023’’. ‘‘2016’’. On page 56, line 19, strike ‘‘local’’.

AMENDMENT NO. 4712 AMENDMENT NO. 4734 AMENDMENT NO. 4757 On page 27, line 8, strike ‘‘1999’’ and insert On page 27, line 17, strike ‘‘1998’’ and insert On page 56, line 14, strike ‘‘local’’. ‘‘2022’’. ‘‘2020’’. AMENDMENT NO. 4758 AMENDMENT NO. 4713 AMENDMENT NO. 4735 On page 56, line 4, strike ‘‘local’’. On page 27, line 8, strike ‘‘1999’’ and insert ‘‘2021’’. On page 47, line 23, strike all after ‘‘(b)(3).’’ through page 48, line 10. AMENDMENT NO. 4759 AMENDMENT NO. 4714 On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4736 On page 27, line 8, strike ‘‘1999’’ and insert ‘‘2020’’. ‘‘2020’’. On page 47, line 12, strike ‘‘not.’’ AMENDMENT NO. 4760 AMENDMENT NO. 4715 AMENDMENT NO. 4737 On page 31, line 5, strike ‘‘1999’’ and insert On page 27, line 8, strike ‘‘1999’’ and insert On page 45, strike line 10 through 15. ‘‘2022’’. ‘‘2019’’. AMENDMENT NO. 4738 AMENDMENT NO. 4761 AMENDMENT NO. 4716 On page 56, line 1, strike ‘‘local’’. On page 31, line 18, strike ‘‘15,000’’ and in- On page 27, line 8, strike ‘‘1999’’ and insert sert ‘‘320’’. ‘‘2018’’. AMENDMENT NO. 4739 AMENDMENT NO. 4762 On page 55, line 23, strike ‘‘local’’. AMENDMENT NO. 4717 On page 31, line 18, strike ‘‘15,000’’ and in- sert ‘‘200’’. On page 27, line 8, strike ‘‘1999’’ and insert AMENDMENT NO. 4740 ‘‘2017’’. On page 31, line 18, strike ‘‘15,000’’ and in- AMENDMENT NO. 4763 sert ‘‘400’’. AMENDMENT NO. 4718 On page 31, line 18, strike ‘‘15,000’’ and in- sert ‘‘100’’. On page 27, line 8, strike ‘‘1999’’ and insert AMENDMENT NO. 4741 ‘‘2016’’. On page 63, strike line 7 through line 25. AMENDMENT NO. 4764 AMENDMENT NO. 4719 On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4742 On page 31, line 5, strike ‘‘1999’’ and insert ‘‘2024’’. ‘‘2021’’. On page 62, line 15, strike all after ‘‘shall be’’ through the word ‘‘exceed’’ on page 63, AMENDMENT NO. 4765 AMENDMENT NO. 4720 line 5. On page 31, line 5, strike ‘‘1999’’ and insert On page 45, line 21, strike ‘‘the average ‘‘2023’’. AMENDMENT NO. 4743 for’’. On page 62, line 8, strike ‘‘and sold between AMENDMENT NO. 4766 AMENDMENT NO. 4721 January 7, 1983, and September 30, 2002,’’. On page 31, line 18, strike ‘‘15,000’’ and in- On page 45, line 22, strike all after ‘‘site.’’ sert ‘‘300’’. through the end of line 25. AMENDMENT NO. 4744 On page 60, line 9, strike ‘‘the County of AMENDMENT NO. 4767 AMENDMENT NO. 4722 Nye,’’. On page 65, line 1, strike ‘‘long-term stor- On page 34, strike from line 21 through age and’’. page 35, line 12. AMENDMENT NO. 4745 On page 59, line 15, strike ‘‘the County of AMENDMENT NO. 4768 AMENDMENT NO. 4723 Nye’’. Strike from page 62, line 6 through page 63, On page 45, line 1, strike ‘‘reasonable’’. page 22. AMENDMENT NO. 4746 AMENDMENT NO. 4724 On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4769 On page 45, line 10, strike ‘‘not’’. ‘‘2019’’. On page 63, strike line 7 through line 22.

AMENDMENT NO. 4725 AMENDMENT NO. 4747 AMENDMENT NO. 4770 On page 27, line 17, strike ‘‘1998’’ and insert On page 27, line 17, strike ‘‘1998’’ and insert On page 63, line 5, strike ‘‘1.0’’ and insert ‘‘2022’’. ‘‘2021’’. ‘‘5.0’’.

AMENDMENT NO. 4726 AMENDMENT NO. 4748 AMENDMENT NO. 4771 On page 31, line 5, strike ‘‘1999’’ and insert On page 31, line 18, strike ‘‘15,000’’ and in- On page 64, line 21, strike ‘‘2002’’ and insert ‘‘2017’’. sert ‘‘900’’. ‘‘1996’’.

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AMENDMENT NO. 4772 AMENDMENT NO. 4781 any contract holder unless the provisions of On page 31, line 18, strike ‘‘15,000’’ and in- On page 31, line 5, strike ‘‘1999’’ and insert this Act provide for full cost recovery to the sert ‘‘830’’. ‘‘2015’’. Treasury of such storage or disposal.’’

AMENDMENT NO. 4773 AMENDMENT NO. 4782 AMENDMENT NO. 4798 On page 31, line 18, strike ‘‘15,000’’ and in- On page 31, line 5, strike ‘‘1999’’ and insert On page 65, at the end of line 4, add ‘‘No sert ‘‘240’’. ‘‘2014’’. provisions of Title II of this Act shall take effect until all such one-time fees have been AMENDMENT NO. 4774 AMENDMENT NO. 4783 paid to the Treasury.’’ On page 31, line 18, strike ‘‘15,000’’ and in- On page 31, line 5, strike ‘‘1999’’ and insert AMENDMENT NO. 4799 sert ‘‘500’’. ‘‘2013’’. At the appropriate place, add ‘‘No provi- AMENDMENT NO. 4775 AMENDMENT NO. 4784 sion of Title II of this Act shall take effect until all fees under Title IV of this Act have On page 27, line 8, strike ‘‘1999’’ and insert On page 27, line 17, strike ‘‘1998’’ and insert been paid to the Treasury.’’ ‘‘2015’’. ‘‘2024’’.

AMENDMENT NO. 4800 AMENDMENT NO. 4776 AMENDMENT NO. 4785 On page 64, line 23, strike all after the On page 27, line 8, strike ‘‘1999’’ and insert On page 31, line 18, strike all after ‘‘MTU.’’ ‘‘paid.’’ through page 65, line 4. ‘‘2014’’. through line 22.

AMENDMENT NO. 4801 AMENDMENT NO. 4777 AMENDMENT NO. 4786 On page 65, strike line 21 through page 66, On page 27, line 8, strike ‘‘1999’’ and insert On page 32, line 15, strike after ‘‘2002.’’ line 20. ‘‘2013’’. though the end of line 18.

AMENDMENT NO. 4802 AMENDMENT NO. 4778 AMENDMENT NO. 4787 On page 64, line 6, strike ‘‘average’’. On page 27, line 8, strike ‘‘1999’’ and insert On page 23, line 13, strike all after ‘‘(g).’’ ‘‘2012’’. though the end of line 15. AMENDMENT NO. 4803

AMENDMENT NO. 4779 AMENDMENT NO. 4788 On page 11, line 16, strike ‘‘storage and’’. At the appropriate place, add On page 44, line 17, strike ‘‘100’’ and insert AMENDMENT NO. 4804 ‘‘SEC. . RATEPAYER EQUITY. ‘‘15’’. On page 45, line 2, strike ‘‘1,000’’ and insert (a) After January 31, 1998, if the Secretary ‘‘35,000’’. does not have a facility available to accept AMENDMENT NO. 4789 spent fuel from persons holding contracts On page 44, line 17, strike ‘‘100’’ and insert AMENDMENT NO. 4805 under this section, those persons may, ‘‘25’’. through credits on fee payments under sub- On page 45, line 2, strike ‘‘1,000’’ and insert ‘‘50,000’’. section (b), offset the expenses of providing AMENDMENT NO. 4790 storage of spent fuel generated after that On page 44, strike line 11 through line 23, AMENDMENT NO. 4806 date (including expenses reasonably incurred and insert ‘‘(1) Notwithstanding any other before that date in anticipation of the neces- provision of this Act, the Environmental On page 45, line 2, strike ‘‘1,000’’ and insert sity of providing such storage) and until the Protection Agency, though its normal rule ‘‘100,000’’. date of the Secretary’s first acceptance of making process, shall develop standards for that person’s spent fuel at a storage or dis- protection of the public from release of ra- AMENDMENT NO. 4807 posal facility authorized by this Act. dioactive material or radioactivity from the On page 45, line 2, strike ‘‘1,000’’ and insert (b) The credits described in paragraph (1)— repository or any other federal high-level ‘‘15,000’’. ‘‘(A) shall be deducted from each remit- waste facility, including the transportation tance of a person’s fee payments to the Nu- of high-level waste, which protect, with a AMENDMENT NO. 4808 clear Waste Fund from the time that the per- high level of confidence, the health and safe- On page 45, line 2, strike ‘‘1,000’’ and insert son meets the conditions of paragraph (1) ty of all individuals potentially exposed to ‘‘1,000,000’’. until the time that the Secretary first ac- such radiation or radioactive materials. The cepts that person’s spent fuel at a storage or Nuclear Regulatory Commission shall re- AMENDMENT NO. 4809 disposal facility authorized by this Act; and quire compliance with such standard as a ‘‘(B) shall be in an amount determined by On page 41, line 10, strike ‘‘substantial’’. condition of approving any license for a the Secretary to reflect the cost of storage high-level nuclear waste facility.’’ qualifying under subsection (a).’’ AMENDMENT NO. 4810 On page 41, line 21, strike ‘‘unreasonable’’. AMENDMENT NO. 4791 AMENDMENT NO. 4780 On page 13, strike from line 22 through At the appropriate place, add AMENDMENT NO. 4811 page 21, line 2. ‘‘SEC. . INDEPENDENT REVIEW. On page 42, line 18, strike ‘‘unreasonable’’. (a) ESTABLISHMENT OF COMMISSION. AMENDMENT NO. 4792 (1) IN GENERAL.—The President, in con- AMENDMENT NO. 4812 Strike section 204. sultation with the Science Advisor to the On page 43, line 2, strike ‘‘unreasonable’’. President and the Council on Environmental AMENDMENT NO. 4793 Quality, shall establish a commission to be AMENDMENT NO. 4813 known as the ‘‘Nuclear Waste Policy Review On page 48, strike line 11 through line 14. At the appropriate place, insert the fol- Commission’’ (Referred to in this act as the lowing: ‘‘No provision of this Act shall take ‘‘Commission’’). AMENDMENT NO. 4794 effect until the Secretary has determined (2) REPRESENTATION OF INTEREST GROUPS.— On page 48, strike section 206. that contract holders will pay the full cost of The membership and structure of the Com- the storage and disposal of spent fuel and mission shall be determined by the President AMENDMENT NO. 4795 high-level radioactive waste derived from with a view towards providing representa- On page 31, line 18, strike ‘‘15,000’’ and in- spent nuclear fuel used to generate elec- tion from— sert ‘‘800’’. tricity in civilian power reactors.’’ (A) Environmental groups; (B) Consumer groups; AMENDMENT NO. 4796 AMENDMENT NO. 4814 (C) Taxpayer groups; On page 45, line 2, strike ‘‘1,000’’ and insert (D) The scientific community, including On page 27, line 17, strike ‘‘1998’’ and insert ‘‘10,000’’. nuclear-oriented and other fields such as bi- ‘‘2025’’. ology and medicine; AMENDMENT NO. 4815 (E) State and local governments; AMENDMENT NO. 4797 (F) Indian tribes; At the appropriate place, add the fol- On page 65, line 16, strike ‘‘shall propose an (G) Transportation experts; lowing: ‘‘Notwithstanding any other provi- adjustment to’’ and insert ‘‘shall adjust’’. (H) Management experts; sion of this Act, the Secretary shall not pro- (I) Federal, state, and local regulatory vide storage or disposal of spent fuel or high- AMENDMENT NO. 4816 agencies; level radioactive waste resulting from oper- On page 31, line 5, strike ‘‘1999’’ and insert (J) Utilities; and ation of civilian nuclear power reactors to ‘‘2011’’.

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AMENDMENT NO. 4817 AMENDMENT NO. 4827 AMENDMENT NO. 4832 On page 31, line 18, strike ‘‘15,000’’ and in- On page 57 of the amendment, strike lines Beginning on page 43, lines 19 and 20, strike sert ‘‘600’’. 16 and 17 and insert in lieu thereof the fol- ‘‘Notwithstanding’’ all that follows through lowing: ‘‘Notwithstanding any other provi- the period on page 44, line 2. AMENDMENT NO. 4818 sion of this Act or other law or agreement, On page 49, line 10, strike line 4 through the Secretary shall not accept title to spent AMENDMENT NO. 4833 line 9. nuclear fuel or high-level nuclear waste gen- On page 44, line 4, strike ‘‘solely’’. erated by a commercial nuclear power reac- AMENDMENT NO. 4819 tor unless the Secretary determines that ac- AMENDMENT NO. 4834 cepting title to the fuel or waste is necessary Beginning on page 73, strike line 16 and all On page 50, strike line 21 through page 51, to enable the Secretary to protect ade- that follows through page 74, line 3, and in- line 3. quately the public health or safety, or the sert the following: environment. To the extent that the federal AMENDMENT NO. 4820 government is responsible for personal or ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. Strike section 207. property damages arising from such fuel or ‘‘If the requirements of any Federal, State, waste while in the federal government’s pos- or local law (including a requirement im- AMENDMENT NO. 4821 session, such liability shall be born by the posed by regulation or by any other means under such a law) are inconsistent with or On page 54, line 19, strike ‘‘local’’. federal government.’’ duplicative of the requirements of the Atom- ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) AMENDMENT NO. 4822 AMENDMENT NO. 4828 or of this Act, the Secretary shall comply On page 57 of the amendment, strike lines On page 54, line 21, strike ‘‘local’’. only with the requirements of the Atomic 16 and 17 and insert in lieu thereof the fol- Energy Act of 1954 and of this Act in imple- lowing: ‘‘Notwithstanding any other provi- AMENDMENT NO. 4823 menting the integrated management system. sion of this Act (except subsection (b) of this On page 45, line 2, strike ‘‘1,000’’ and insert section) or other law or agreement, the Sec- ‘‘25,000’’. AMENDMENT NO. 4835 retary shall not accept title to spent nuclear fuel or high-level nuclear waste generated by On page 35, line 3, strike ‘‘the construction AMENDMENT NO. 4824 a commercial nuclear power reactor unless and operation of any facility,’’. On page 45, line 2, strike ‘‘1,000’’ and insert the Secretary determines that accepting ‘‘30,000’’. title to the fuel or waste is necessary to en- MURKOWSKI AMENDMENTS NOS. able the Secretary to protect adequately the 4836–4845 public health or safety, or the environment. To the extent that the federal government is (Ordered to lie on the table.) WELLSTONE AMENDMENTS NOS. responsible for personal or property damages Mr. MURKOWSKI submitted 10 4825–4828 arising from such fuel or waste while in the amendments intended to be proposed (Ordered to lie on the table.) federal government’s possession, such liabil- by him to the bill, S. 1936, supra; as fol- Mr. WELLSTONE submitted four ity shall be born by the federal government.’’ lows: amendments intended to be proposed AMENDMENT NO. 4836 by him to the bill, S. 1936, supra; as fol- MOSELEY-BRAUN AMENDMENTS On page 24, beginning on line 8, strike ‘‘(f) lows: EMPLOYEE PROTECTION—’’ and all that fol- NOS. 4829–4830 lows through ‘‘and 232.’’ on line 19, and in- AMENDMENT NO. 4825 (Ordered to lie on the table.) sert: On page 68, line 5 of the amendment, strike ‘‘(f) EMPLOYEE PROTECTION.—Any person ‘‘years.’’ and insert the following: ‘‘years. Ms. MOSELEY-BRAUN submitted two amendments intended to be pro- engaged in the interstate commerce of spent ‘‘SEC. 800.—REQUIREMENT OF DISPOSAL FACIL- posed by her to the bill, S. 1936, supra; nuclear fuel or high-level radioactive waste ITY. under contract to the Secretary pursuant to ‘‘(a)(1) Notwithstanding any other provi- as follows: this act shall be subject to and comply fully sion of law, no new civilian nuclear power re- AMENDMENT NO. 4829 with employee protection provisions of 49 actor shall be built until such time as— On page 21, beginning on line 6, strike U.S.C. 20109 and 49 U.S.C. 31105; and qualified ‘‘(A) there is a facility licensed by the Fed- ‘‘transport’’ and all that follows through the persons shall be designated to perform the eral Government for the permanent emplace- period on line 9 and insert ‘‘transport safely inspection and testing of trains under the ment of spent nuclear fuel and high-level ra- spent nuclear fuel and high-level radioactive provisions of 49 CFR 215 and 232 and shall be dioactive waste from the civilian nuclear waste from sites designated by the contract trained pursuant to the standard required by power reactor; and holders to mainline transportation facilities, section 203(g).’’. ‘‘(B) there is adequate volume of capacity using routes that minimize, to the maximum within the emplacement facility to accept practicable extent, transportation of spent AMENDMENT NO. 4837 all of the spent nuclear fuel and high-level nuclear fuel and high-level radioactive waste On page 3, lines 15–16, strike ‘‘such a facil- radioactive waste that will be generated by through populated areas or sensitive envi- ity’’ and insert ‘‘an interim storage facility the civilian nuclear power reactor during the ronmental areas, beginning not later than or a repository’’. reasonably foreseeable operational lifetime November 30, 1999, and, by that date, shall, in of the civilian nuclear power reactor. consultation with the Secretary of Transpor- AMENDMENT NO. 4838 ‘‘(2) At no time shall the volume of spent tation, develop and implement a comprehen- fuel and high-level radioactive waste gen- On page 5, line 21, strike ‘‘permit’’ and in- sive management plan that ensures the safe sert ‘‘permits’’. erated, or reasonably expected to be gen- transportation of spent nuclear fuel and erated, by all civilian nuclear power reactors high-level radioactive waste from the sites AMENDMENT NO. 4839 on which construction was begun after the designated by the contract holders to the in- date of enactment of this Act, exceed the terim storage facility site beginning not On page 11, line 12, strike ‘‘respository’’ volume of capacity available in facilities li- later than November 30, 1999.’’. and insert ‘‘repository’’. censed by the Federal Government for the permanent emplacement of spent nuclear AMENDMENT NO. 4830 AMENDMENT NO. 4840 fuel and high-level radioactive waste. On page 11, line 21, strike ‘‘for storage’’. ‘‘(b) Any affected citizen may enforce the On page 21, line 6, after ‘‘transport’’ insert provision in (a) by filing a claim in federal ‘‘safely’’. AMENDMENT NO. 4841 district court in the district in which they reside or in the U.S. District Court for the At page 68, beginning on line 2, strike District of Columbia.’’ CHAFEE AMENDMENTS NOS. 4831– ‘‘subsection (d)’’ and insert ‘‘subsections (d) 4835 and (e)’’. AMENDMENT NO. 4826 (Ordered to lie on the table.) AMENDMENT NO. 4842 On page 44 of the amendment, at the end of Mr. CHAFEE submitted five amend- line 24, insert the following: ‘‘The adjusted On page 14, line 12, after ‘‘Secretary,’’ in- ments intended to be proposed by him sert ‘‘or along such other route designate by fee proposed by the Secretary shall be effec- to the bill, S. 1936, supra; as follows: tive after a period of 90 days of continuous the Secretary,’’. session have elapsed following the receipt of AMENDMENT NO. 4831 such transmittal unless during such 90-day On page 35, lines 4 and 5, strike ‘‘and facil- AMENDMENT NO. 4843 period a law is enacted disapproving the Sec- ity use pursuant to paragraph (d)(2) of this On page 12, line 24, strike ‘‘Spent Nuclear retary’s proposed adjustment.’’ section.’’ Fuel’’.

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AMENDMENT NO. 4844 ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The On page 14, line 12, after ‘‘Secretary,’’ in- usage rights to other lands outside of the term ‘high-level radioactive waste’ means— sert ‘‘or along such other route designated reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- by the Secretary,’’. gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- stantially and adversely affected by the lo- clear fuel, including liquid waste produced AMENDMENT NO. 4845 cating of an interim storage facility or a re- directly in reprocessing and any solid mate- Strike all after the enacting clause and in- pository if the Secretary of the Interior rial derived from such liquid waste that con- sert in lieu thereof the following: finds, upon the petition of the appropriate tains fission products in sufficient con- That the Nuclear Waste Policy Act of 1982 is governmental officials of the tribe, that such centrations; and amended to read as follows: effects are both substantial and adverse to ‘‘(B) other highly radioactive material that the tribe. ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- the Commission, consistent with existing ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- TENTS. law, determines by rule requires permanent MENT.—The term ‘affected unit of local gov- ‘‘(a) SHORT TITLE.—This Act may be cited isolation, which includes any low-level ra- ernment’ means the unit of local government as the ‘Nuclear Waste Policy Act of 1996’. dioactive waste with concentrations of radio- with jurisdiction over the site of a repository ‘‘(b) TABLE OF CONTENTS.— nuclides that exceed the limits established or interim storage facility. Such term may, by the Commission for class C radioactive ‘‘Sec. 1. Short title and table of contents. at the discretion of the Secretary, include ‘‘Sec. 2. Definitions. waste, as defined by section 61.55 of title 10, other units of local government that are con- Code of Federal Regulations, as in effect on ‘‘TITLE I—OBLIGATIONS tiguous with such unit. January 26, 1983. ‘‘Sec. 101. Obligations of the Secretary of ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal The term ‘atomic energy defense activity’ Energy. agency’ means any Executive agency, as de- means any activity of the Secretary per- ‘‘TITLE II—INTEGRATED MANAGEMENT fined in section 105 of title 5, United States formed in whole or in part in carrying out SYSTEM Code. any of the following functions: ‘‘Sec. 201. Intermodal transfer. ‘‘(16) INDIAN TRIBE.—The term ‘Indian ‘‘(A) Naval reactors development. ‘‘Sec. 202. Transportation planning. tribe’ means any Indian tribe, band, nation, ‘‘Sec. 203. Transportation requirements. ‘‘(B) Weapons activities including defense inertial confinement fusion. or other organized group or community of ‘‘Sec. 204. Interim storage. Indians recognized as eligible for the services ‘‘Sec. 205. Permanent repository. ‘‘(C) Verification and control technology. ‘‘(D) Defense nuclear materials production. provided to Indians by the Secretary of the ‘‘Sec. 206. Land withdrawal. Interior because of their status as Indians in- ‘‘Sec. 207. Permanent disposal alternatives. ‘‘(E) Defense nuclear waste and materials byproducts management. cluding any Alaska Native village, as defined ‘‘TITLE III—LOCAL RELATIONS ‘‘(F) Defense nuclear materials security in section 3(c) of the Alaska Native Claims ‘‘Sec. 301. Financial assistance. and safeguards and security investigations. Settlement Act (43 U.S.C. 1602(c)). ‘‘Sec. 302. On-site representative. ‘‘(G) Defense research and development. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— ‘‘Sec. 303. Acceptance of benefits. ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— The term ‘integrated management system’ ‘‘Sec. 304. Restrictions on use of funds. The term ‘civilian nuclear power reactor’ means the system developed by the Sec- ‘‘Sec. 305. Land conveyances. means a civilian nuclear power plant re- retary for the acceptance, transportation, ‘‘TITLE IV—FUNDING AND quired to be licensed under section 103 or 104 storage, and disposal of spent nuclear fuel ORGANIZATION b. of the Atomic Energy Act of 1954 (42 U.S.C. and high-level radioactive waste under title ‘‘Sec. 401. Program funding. 2133, 2134(b)). II of this Act. ‘‘Sec. 402. Office of Civilian Radioactive ‘‘(6) COMMISSION.—The term ‘Commission’ ‘‘(18) INTERIM STORAGE FACILITY.—The term Waste Management. means the Nuclear Regulatory Commission. ‘interim storage facility’ means a facility de- ‘‘Sec. 403. Federal contribution. ‘‘(7) CONTRACTS.—The term ‘contracts’ signed and constructed for the receipt, han- ‘‘Sec. 404. Budget priorities. means the contracts, executed prior to the dling, possession, safeguarding, and storage of spent nuclear fuel and high-level radio- ‘‘TITLE V—GENERAL AND date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of MISCELLANEOUS PROVISIONS icy Act of 1996, under section 302(a) of the Nuclear Waste Policy Act of 1982, by the Sec- this Act. ‘‘Sec. 501. Compliance with other laws. retary and any person who generates or ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘Sec. 502. Judicial review of agency actions. holds title to spent nuclear fuel or high-level term ‘interim storage facility site’ means ‘‘Sec. 503. Licensing of facility expansions radioactive waste of domestic origin for ac- the specific site within area 25 of the Nevada and transshipments. ceptance of such waste or fuel by the Sec- test site that is designated by the Secretary ‘‘Sec. 504. Siting a second repository. and withdrawn and reserved in accordance ‘‘Sec. 505. Financial arrangements for low- retary and the payment of fees to offset the with this Act for the location of the interim level radioactive waste site clo- Secretary’s expenditures, and any subse- quent contracts executed by the Secretary storage facility. sure. ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘Sec. 506. Nuclear Regulatory Commission pursuant to section 401(a) of this Act. ONTRACT HOLDERS.—The term ‘con- term ‘low-level radioactive waste’ means ra- training authority. ‘‘(8) C dioactive material that— ‘‘Sec. 507. Emplacement schedule. tract holders’ means parties (other than the ‘‘Sec. 508. Transfer of title. Secretary) to contracts. ‘‘(A) is not spent nuclear fuel, high-level ‘‘Sec. 509. Decommissioning pilot program. ‘‘(9) DEPARTMENT.—The term ‘Department’ radioactive waste, transuranic waste, or by- ‘‘Sec. 510. Water rights. means the Department of Energy. product material as defined in section 11 e.(2) ‘‘(10) DISPOSAL.—The term ‘disposal’ means of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL the emplacement in a repository of spent nu- 2014(e)(2)); and REVIEW BOARD clear fuel, high-level radioactive waste, or ‘‘(B) the Commission, consistent with ex- ‘‘Sec. 601. Definitions. other highly radioactive material with no isting law, classifies as low-level radioactive ‘‘Sec. 602. Nuclear Waste Technical Review foreseeable intent of recovery, whether or waste. Board. not such emplacement permits recovery of ‘‘(21) METRIC TONS URANIUM.—The term ‘‘Sec. 603. Functions. such material for any future purpose. ‘metric tons uranium’ and ‘MTU’ means the ‘‘Sec. 604. Investigatory powers. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- amount of uranium in the original ‘‘Sec. 605. Compensation of members. posal system’ means all natural barriers and unirradiated fuel element whether or not the ‘‘Sec. 606. Staff. engineered barriers, and engineered systems spent nuclear fuel has been reprocessed. ‘‘Sec. 607. Support services. and components, that prevent the release of ‘‘(22) NUCLEAR WASTE FUND.—The term ‘Nu- ‘‘Sec. 608. Report. radionuclides from the repository. clear Waste Fund’ and ‘waste fund’ means ‘‘Sec. 609. Authorization of appropriations. MPLACEMENT SCHEDULE.—The term the nuclear waste fund established in the ‘‘Sec. 610. Termination of the board. ‘‘(12) E ‘emplacement schedule’ means the schedule United States Treasury prior to the date of ‘‘TITLE VII—MANAGEMENT REFORM established by the Secretary in accordance enactment of this Act under section 302 (c) of ‘‘Sec. 701. Management reform initiatives. with section 507(a) for emplacement of spent the Nuclear Waste Policy Act of 1982. ‘‘Sec. 702. Reporting. nuclear fuel and high-level radioactive waste ‘‘(23) OFFICE.—The term ‘Office’ means the ‘‘SECTION 2. DEFINITIONS. at the interim storage facility. Office of Civilian Radioactive Waste Manage- ‘‘For purposes of this Act: ‘‘(13) ENGINEERED BARRIERS AND ENGI- ment established within the Department ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- NEERED SYSTEMS AND COMPONENTS.—The prior to the date of enactment of this Act cept’ and ‘acceptance’ mean the Secretary’s terms ‘engineered barriers’ and ‘engineered under the provisions of the Nuclear Waste act of taking possession of spent nuclear fuel systems and components,’ means man-made Policy Act of 1982. or high-level radioactive waste. components of a disposal system. These ‘‘(24) PROGRAM APPROACH.—The term ‘pro- ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af- terms include the spent nuclear fuel or high- gram approach’ means the Civilian Radio- fected Indian tribe’ means any Indian tribe— level radioactive waste form, spent nuclear active Waste Management Program Plan, ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste dated May 6, 1996, as modified by this Act, borders an affected unit of local government, package, and other materials placed over and and as amended from time to time by the or around such packages. Secretary in accordance with this Act.

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‘‘(25) REPOSITORY.—The term ‘repository’ shall seek to utilize effective private sector storage facility site as necessary to facili- means a system designed and constructed management and contracting practies. tate year-round safe transport of spent nu- under title II of this Act for the geologic dis- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In clear fuel and high-level radioactive waste. posal of spent nuclear fuel and high-level ra- administering the Integrated Spent Nuclear ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— dioactive waste, including both surface and Fuel Management System, the Secretary The Commission shall enter into a Memo- subsurface areas at which spent nuclear fuel shall, to the maximum extent possible, uti- randum of Understanding with the City of and high-level radioactive waste receipt, lize, employ, procure and contract with, the Caliente and Lincoln County, Nevada, to pro- handling, possession, safeguarding, and stor- private sector to fulfill the Secretary’s obli- vide advice to the Commission regarding age are conducted. gations and requirements under this Act. intermodal transfer and to facilitate on-site ‘‘(26) SECRETARY.—The term ‘Secretary’ ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this representation. Reasonable expenses of such means the Secretary of Energy. Act is intended to or shall be construed to representation shall be paid by the Sec- ‘‘(27) SITE CHARACTERIZATION.—The term modify— retary. ‘site characterization’ means activities, ‘‘(1) any right of a contract holder under ‘‘(h) BENEFITS AGREEMENT.— whether in a laboratory or in the field, un- section 302(a) of the Nuclear Waste Policy ‘‘(1) IN GENERAL.—The Secretary shall offer dertaken to establish the geologic condition Act of 1982, or under a contract executed to enter into an agreement with Lincoln and the ranges of the parameters of a can- prior to the date of enactment of this Act County, Nevada, concerning the integrated didate site relevant to the location of a re- under that section; or management system. pository, including borings, surface exca- ‘‘(2) obligations imposed upon the Federal ‘‘(2) AGREEMENT CONTENT.—Any agreement vations, excavations of exploratory facili- Government by the United States District shall contain such terms and conditions, in- ties, limited subsurface lateral excavations Court of Idaho in an order entered on Octo- cluding such financial and institutional ar- and borings, and in situ testing needed to ber 17, 1995 in United States v. Batt (No. 91– rangements, as the Secretary and agreement evaluate the licensability of a candidate site 0054–S–EJL). entity determine to be reasonable and appro- for the location of a repository, but not in- ‘‘(g) LIABILITY.—Subject to any valid exist- priate and shall contain such provisions as cluding preliminary borings and geophysical ing right under subsection (f), nothing in are necessary to preserve any right to par- testing needed to assess whether site charac- this Act shall be construed to subject the ticipation or compensation of Lincoln Coun- terization should be undertaken. United States to financial liability for the ty, Nevada. ‘‘(28) SPENT NUCLEAR FUEL.—The term Secretary’s failure to meet any deadline for ‘‘(3) AMENDMENT.—An agreement entered ‘spent nuclear fuel’ means fuel that has been the acceptance or emplacement of spent nu- into under this subsection may be amended withdrawn from a nuclear reactor following clear fuel or high-level radioactive waste for only with the mutual consent of the parties irradiation, the constituent elements of storage or disposal under this Act. to the amendment and terminated only in which have not been separated by reprocess- ‘‘TITLE II—INTEGRATED MANAGEMENT accordance with paragraph (4). ing. SYSTEM ‘‘(4) TERMINATION.—The Secretary shall terminate the agreement under this sub- ‘‘(29) STORAGE.—The term ‘storage’ means ‘‘SEC. 201. INTERMODAL TRANSFER. retention of spent nuclear fuel or high-level section if any major element of the inte- ‘‘(a) ACCESS.—The Secretary shall utilize radioactive waste with the intent to recover grated management system may not be com- heavy-haul truck transport to move spent pleted. such waste or fuel for subsequent use, proc- nuclear fuel and high-level radioactive waste essing, or disposal. ‘‘(5) LIMITATION.—Only one agreement may from the mainline rail line at Caliente, Ne- be in effect at any one time. ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ vada, to the interim storage facility site. has the same definition as that set forth in ‘‘(6) JUDICIAL REVIEW.—Decisions of the ‘‘(b) CAPABILITY DATE.—The Secretary Secretary under this section are not subject section 103(j) of the Federal Land Policy and shall develop the capability to commence to judicial review. Management Act of 1976 (43 U.S.C. 1702(j)). rail to truck intermodal transfer at Caliente, ‘‘(31) YUCCA MOUNTAIN SITE.—The term ‘‘(i) CONTENT OF AGREEMENT.— Nevada, no later than November 30, 1999. ‘‘(1) SCHEDULE.—In addition to the benefits ‘Yucca Mountain site’ means the area in the Intermodal transfer and related activities State of Nevada that is withdrawn and re- to which Lincoln County is entitled to under are incidental to the interstate transpor- this title, the Secretary shall make pay- served in accordance with this Act for the lo- tation of spent nuclear fuel and high-level cation of a repository. ments under the benefits agreement in ac- radioactive waste. cordance with the following schedule: ‘‘TITLE I—OBLIGATIONS ‘‘(c) ACQUISITIONS.—The Secretary shall ac- ‘‘BENEFITS SCHEDULE ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF quire lands and rights-of-way along the ENERGY. ‘Chalk Mountain Heavy Haul Route’ depicted ‘‘(Amounts in millions) ‘‘(a) DISPOSAL.—The Secretary shall de- on the map dated March 13, 1996, and on file ‘‘Event Payment velop and operate an integrated management with the Secretary, necessary to commence ‘‘(A) Annual payments prior to first system for the storage and permanent dis- intermodal transfer at Caliente, Nevada. receipt of spent fuel ...... $2.5 posal of spent nuclear fuel and high-level ra- ‘‘(d) REPLACEMENTS.—The Secretary shall ‘‘(B) Annual payments beginning dioactive waste. acquire and develop on behalf of, and dedi- upon first spent fuel receipt ...... 5 ‘‘(b) INTERIM STORAGE.—The Secretary cate to, the City of Caliente, Nevada, parcels ‘‘(C) Payment upon closure of the shall store spent nuclear fuel and high-level of land and right-of-way within Lincoln intermodal transfer facility ...... 5 radioactive waste from facilities designated County, Nevada, as required to facilitate re- ‘‘(2) DEFINITIONS.—For purposes of this sec- by contract holders for storage at an interim placement of land and city wastewater dis- tion, the term— storage facility pursuant to section 204 in ac- posal facilities necessary to commence inter- ‘‘(A) ‘spent fuel’ means high-level radio- cordance with the emplacement schedule, be- modal transfer pursuant to this Act. Re- active waste or spent nuclear fuel; and ginning not later than November 30, 1999. placement of land and city wastewater dis- ‘‘(B) ‘first spent fuel receipt’ does not in- ‘‘(c) TRANSPORTATION.—The Secretary shall posal activities shall occur no later than No- clude receipt of spent fuel or high-level ra- provide for the transportation of spent nu- vember 30, 1999. dioactive waste for purposes of testing or clear fuel and high-level radioactive waste ‘‘(e) NOTICE AND MAP.—Within 6 months of operational demonstration. accepted by the Secretary. The Secretary the date of enactment of the Nuclear Waste ‘‘(3) ANNUAL PAYMENTS.—Annual payments shall procure all systems and components Policy Act of 1996, the Secretary shall— prior to first spent fuel receipt under para- necessary to transport spent nuclear fuel and ‘‘(1) publish in the Federal Register a no- graph (1)(A) shall be made on the date of exe- high-level radioactive waste from facilities tice containing a legal description of the cution of the benefits agreement and there- designated by contract holders to and among sites and rights-of-way to be acquired under after on the anniversary date of such execu- facilities comprising the Integrated Manage- this subsection; and tion. Annual payments after the first spent ment System. Consistent with the Buy ‘‘(2) file copies of a map of such sites and fuel receipt until closure of the facility American Act (41 U.S.C. 10a–10c), unless the rights-of-way with the Congress, the Sec- under paragraph (1)(C) shall be made on the Secretary shall determine it to be incon- retary of the Interior, the State of Nevada, anniversary date of such first spent fuel re- sistent with the public interest, or the cost the Archivist of the United States, the Board ceipt. to be unreasonable, all such systems and of Lincoln County Commissioners, the Board ‘‘(4) REDUCTION.—If the first spent fuel pay- components procured by the Secretary shall of Nye County Commissioners, and the ment under paragraph (1)(B) is made within be manufactured in the United States, with Caliente City Council. 6 months after the last annual payment prior the exception of any transportable storage Such map and legal description shall have to the receipt of spent fuel under paragraph systems purchased by contract holders prior the same force and effect as if they were in- (1)(A), such first spent fuel payment under to the effective date of the Nuclear Waste cluded in this Act. The Secretary may cor- paragraph (1)(B) shall be reduced by an Policy Act of 1996 and procured by the Sec- rect clerical and typographical errors and amount equal to 1⁄12 of such annual payment retary from such contract holders for use in legal descriptions and make minor adjust- under paragraph (1)(A) for each full month the integrated management system. ments in the boundaries. less than 6 that has not elapsed since the last ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— ‘‘(f) IMPROVEMENTS.—The Secretary shall annual payment under paragraph (1)(A). The Secretary shall expeditiously pursue the make improvements to existing roadways se- ‘‘(5) RESTRICTIONS.—The Secretary may development of each component of the inte- lected for heavy-haul truck transport be- not restrict the purposes for which the pay- grated management system, and in so doing tween Caliente, Nevada, and the interim ments under this section may be used.

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‘‘(6) DISPUTE.—In the event of a dispute logistical plan in accordance with subsection nuclear fuel or high-level radioactive waste concerning such agreement, the Secretary (a), the Secretary shall update and modify, under contract to the Secretary pursuant to shall resolve such dispute, consistent with as necessary, the Secretary’s transportation this Act shall be subject to and comply fully this Act and applicable State law. institutional plans to ensure that institu- with the employee protection provisions of ‘‘(7) CONSTRUCTION.—The signature of the tional issues are addressed and resolved on a 49 U.S.C. 20109 and 49 U.S.C. 31105. Carmen Secretary on a valid benefits agreement schedule to support the commencement of shall be designated to perform the inspection under this section shall constitute a commit- transportation of spent nuclear fuel and and testing of trains under the provisions of ment by the United States to make pay- high-level radioactive waste to the interim 49 CFR 215 and 232 at all initial terminals ments in accordance with such agreement storage facility no later than November 30, and intermediate inspection points. Members under section 401(c)(2). 1999. Among other things, such planning of an operating crew shall be trained to per- ‘‘(j) INITIAL LAND CONVEYANCES.— shall provide a schedule and process for ad- form the cursory inspection and testing re- ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One dressing and implementing as necessary, quired on cars picked up at outlying points hundred and twenty days after enactment of transportation routing plans, transportation under the provisions of 49 CFR 215 appendix this Act, all right, title and interest of the contracting plans, transportation training in D and 232. United States in the property described in accordance with section 203, and public edu- ‘‘(g) TRAINING STANDARD.—(1) No later than 12 months after the date of enactment of the paragraph (2), and improvements thereon, to- cation regarding transportation of spent nu- Nuclear Waste Policy Act of 1996, the Sec- gether with all necessary easements for util- clear fuel and high level radioactive waste; retary of Transportation, pursuant to au- ities and ingress and egress to such property, and transportation tracking programs. thority under other provisions of law, in con- including, but not limited to, the right to ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. sultation with the Secretary of Labor and improve those easements, are conveyed by ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- the Commission, shall promulgate a regula- operation of law to the County of Lincoln, clear fuel or high-level radioactive waste tion establishing training standards applica- Nevada, unless the county notifies the Sec- may be transported by or for the Secretary ble to workers directly involved in the re- retary of the Interior or the head of such under this Act except in packages that have moval and transportation of spent nuclear other appropriate agency in writing within been certified for such purposes by the Com- fuel and high-level radioactive waste. The 60 days of such date of enactment that it mission. regulation shall specify minimum training elects not to take title to all or any part of ‘‘(b) STATE NOTIFICATION.—The Secretary standards applicable to workers, including the property, except that any lands conveyed shall abide by regulations of the Commission managerial personnel. The regulation shall to the County of Lincoln under this sub- regarding advance notification of State and require that evidence of satisfaction of the section that are subject to a Federal grazing local governments prior to transportation of applicable training standard, through certifi- permit or lease or a similar federally granted spent nuclear fuel or high-level radioactive cation or other means, be provided to an em- permit or lease shall be conveyed between 60 waste under this Act. ployer before any individual may be em- and 120 days of the earliest time the Federal ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ployed in the removal and transportation of agency administering or granting the permit retary shall provide technical assistance and spent nuclear fuel and high-level radioactive or lease would be able to legally terminate funds to States, units of local government, waste. such right under the statutes and regula- and Indian tribes through whose jurisdiction ‘‘(2) If the Secretary of Transportation de- tions existing at the date of enactment of the Secretary plans to transport substantial termines, in promulgating the regulation re- this Act, unless Lincoln County and the af- amounts of spent nuclear fuel or high-level quired by subparagraph (1), that regulations fected holder of the permit or lease negotiate radioactive waste for training for public promulgated by the Commission establish an agreement that allows for an earlier con- safety officials of appropriate units of local adequate training standards for workers veyance. government. The Secretary shall also pro- then the Secretary of Transportation can re- ‘‘(2) SPECIAL CONVEYANCES.—Notwith- vide technical assistance and funds for train- frain from promulgating additional regula- tions with respect to worker training in such standing any other law, the following public ing directly to national nonprofit employee activities. The Secretary of Transportation lands depicted on the maps and legal descrip- organizations which demonstrate experience and the Commission shall work through tions dated October 11, 1995, shall be con- in implementing and operating worker their Memorandum of Understanding to en- veyed under paragraph (1) to the County of health and safety training and education sure coordination of worker training stand- Lincoln, Nevada: programs and demonstrate the ability to Map 10; Lincoln County, parcel M, indus- ards and to avoid duplicative regulation. reach and involve in training programs tar- ‘‘(3) The training standards required to be trial park site. get populations of workers who are or will be Map 11; Lincoln County, parcel F, mixed promulgated under subparagraph (1) shall, directly engaged in the transportation of among other things deemed necessary and use industrial site. spent nuclear fuel and high-level radioactive appropriate by the Secretary of Transpor- Map 13; Lincoln County, parcel J, mixed waste, or emergency response or post-emer- tation, include the following provisions— use, Alamo Community Expansion Area. gency response with respect to such trans- ‘‘(A) a specified minimum number of hours Map 14; Lincoln County, parcel E, mixed portation. Training shall cover procedures of initial off site instruction and actual field use, Pioche Community Expansion Area. required for safe routine transportation of experience under the direct supervision of a Map 15; Lincoln County, parcel B, landfill these materials, as well as procedures for trained, experienced supervisor; expansion site. dealing with emergency response situations, ‘‘(B) a requirement that onsite managerial ‘‘(3) CONSTRUCTION.—The maps and legal and shall be consistent with any training personnel receive the same training as work- descriptions of special conveyances referred standards established by the Secretary of ers, and a minimum number of additional to in paragraph (2) shall have the same force Transportation in accordance with sub- hours of specialized training pertinent to and effect as if they were included in this section (g). The Secretary’s duty to provide their managerial responsibilities; and Act. The Secretary may correct clerical and technical and financial assistance under this ‘‘(C) a training program applicable to per- typographical errors in the maps and legal subsection shall be limited to amounts speci- sons responsible for responding to and clean- descriptions and make minor adjustments in fied in annual appropriations. ing up emergency situations occurring dur- the boundaries of the sites. ‘‘(d) PUBLIC EDUCATION.—The Secretary ing the removal, transportation, interim ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon shall conduct a program to educate the pub- storage, and permanent disposal of spent nu- the request of the County of Lincoln, Ne- lic regarding the transportation of spent nu- clear fuel and high-level radioactive waste. vada, the Secretary of the Interior shall pro- clear fuel and high-level radioactive waste, ‘‘(4) There is authorized to be appropriated vide evidence of title transfer. with an emphasis upon those States, units of to the Secretary of Transportation, from ‘‘SEC. 202. TRANSPORTATION PLANNING. local government, and Indian tribes through general revenues, such sums as may be nec- ‘‘(a) TRANSPORTATION READINESS.—The whose jurisdiction the Secretary plans to essary to perform his duties under this sub- Secretary shall take those actions that are transport substantial amounts of spent nu- section. necessary and appropriate to ensure that the clear fuel or high-level radioactive waste. ‘‘SEC. 204. INTERIM STORAGE. Secretary is able to transport spent nuclear ‘‘(e) COMPLIANCE WITH TRANSPORTATION ‘‘(a) AUTHORIZATION.—The Secretary shall fuel and high-level radioactive waste from REGULATIONS.—Any person that transports design, construct, and operate a facility for sites designated by the contract holders to spent nuclear fuel or high-level radioactive the interim storage of spent nuclear fuel and mainline transportation facilities beginning waste under the Nuclear Waste Policy Act of high-level radioactive waste at the interim not later than November 30, 1999. As soon as 1986, pursuant to a contract with the Sec- storage facility site. The interim storage fa- is practicable following enactment of this retary, shall comply with all requirements cility shall be subject to licensing pursuant Act, the Secretary shall analyze each spe- governing such transportation issued by the to the Atomic Energy Act of 1954 in accord- cific reactor facility designated by contract federal, state and local governments, and In- ance with the Commission’s regulations gov- holders in the order of priority established in dian tribes, in the same way and to the same erning the licensing of independent spent the emplacement schedule, and develop a extent that any person engaging in that fuel storage installations, which regulations logistical plan to assure the Secretary’s abil- transportation that is in or affects interstate shall be amended by the Commission as nec- ity to transport spent nuclear fuel and high- commerce must comply with such require- essary to implement the provisions of this level radioactive waste. ments, as required by 49 U.S.C. sec. 5126. Act. The interim storage facility shall com- ‘‘(b) TRANSPORTATION PLANNING.—In con- ‘‘(f) EMPLOYEE PROTECTION.—Any person mence operation in phases in accordance junction with the development of the engaged in the interstate commerce of spent with subsection (b).

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‘‘(b) SCHEDULE.—(1) The Secretary shall facilities, and to facilitate the Secretary’s of 1996 within the boundaries of the interim proceed forthwith and without further delay ability to meet the Secretary’s obligations storage facility site, in connection with an with all activities necessary to begin storing under this Act. imminent and substantial endangerment to spent nuclear fuel and high-level radioactive ‘‘(2) The Secretary shall consent to an public health and safety at the interim stor- waste at the interim storage facility at the amendment to the contracts to provide for age facility prior to commencement of oper- interim storage facility site by November 30, reimbursement to contract holders for trans- ations during the second phase. 1999, except that: portable storage systems purchased by con- ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— ‘‘(A) The Secretary shall not begin any tract holders if the Secretary determines Subject to paragraph (i), once the Secretary construction activities at the interim stor- that it is cost effective to use such trans- has achieved the annual acceptance rate for age facility site before December 31, 1998. portable storage systems as part of the inte- spent nuclear fuel from civilian nuclear ‘‘(B) The Secretary shall cease all activi- grated management system, provided that power reactors established pursuant to the ties (except necessary termination activi- the Secretary shall not be required to expend contracts executed prior to the date of en- ties) at the Yucca Mountain site if the Presi- any funds to modify contract holders’ stor- actment of the Nuclear Waste Policy Act of dent determines, in his discretion, on or be- age or transport systems or to seek addi- 1996, as set forth in the Secretary’s annual fore December 31, 1998, based on a preponder- tional regulatory approvals in order to use capacity report dated Mar. 1995 (DOE/RW– ance of the information available at such such systems. 0457), the Secretary shall accept, in an time, that the Yucca Mountain site is un- ‘‘(d) LICENSING.— amount not less than 25 percent of the dif- suitable for development as a repository, in- ‘‘(1) PHASES.—The interim storage facility ference between the contractual acceptance cluding geologic and engineered barriers, be- shall be licensed by the Commission in two rate and the annual emplacement rate for cause of a substantial likelihood that a re- phases in order to commerce operations no spent nuclear fuel from civilian nuclear pository of useful size cannot be designed, li- later than November 30, 1999. power reactors established under section censed, and constructed at the Yucca Moun- ‘‘(2) FIRST PHASE.—No later than 12 months 507(a), the following radioactive materials: tain site. after the date of enactment of the Nuclear ‘‘(A) spent nuclear fuel or high-level radio- ‘‘(C) No later than June 30, 1998, the Sec- Waste Policy Act of 1996, the Secretary shall active waste of domestic origin from civilian retary shall provide to the President and to submit to the Commission an application for the Congress a viability assessment of the a license for the first phase of the interim nuclear power reactors that have perma- Yucca Mountain site. The viability assess- storage facility. The Environmental Report nently ceased operation on or before the date ment shall include— and Safety Analysis Report submitted in of enactment of the Nuclear Waste Policy ‘‘(i) the preliminary design concept for the support of such license application shall be Act of 1996; critical elements of the repository and waste consistent with the scope of authority re- ‘‘(B) spent nuclear fuel from foreign re- package, quested in the license application. The li- search reactors, as necessary to promote ‘‘(ii) a total system performance assess- cense issued for the first phase of the interim non-proliferation objectives; and ment, based upon the design concept and the storage facility shall have a term of 20 years. ‘‘(C) spent nuclear fuel, including spent nu- scientific data and analysis available by The interim storage facility licensed in the clear fuel from naval reactors, and high-level June 30, 1998, describing the probable behav- first phase shall have a capacity of not more radioactive waste from atomic energy de- ior of the respository in the Yucca Mountain than 15,000 MTU. The Commission shall issue fense activities. geologic setting relative to the overall sys- a final decision granting or denying the ap- ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT plication for the first phase license no later tem performance standard set forth in sec- OF 1969.— than 16 months from the date of the sub- tion 205(d) of this Act. ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- mittal of the application for such license. ‘‘(iii) a plan and cost estimate for the re- TIES.—The Secretary’s and President’s ac- ‘‘(3) SECOND PHASE.—No later than 30 maining work required to complete a license tivities under this section, including, but not application, and months after the date of enactment of the Nuclear Waste Policy Act of 1996, the Sec- limited to, the selection of a site for the in- ‘‘(iv) an estimate of the costs to construct terim storage facility, assessments, deter- and operate the repository in accordance retary shall submit to the Commission an application for a license for the second phase minations and designations made under sec- with the design concept. tion 204(b), the preparation and submittal of ‘‘(D) Within 18 months of a determination interim storage facility. The license for the second phase facility shall authorize a stor- a license application and supporting docu- by the President that the Yucca Mountain mentation, the construction and operation of site is unsuitable for development as a repos- age capacity of 40,000 MTU. If the Secretary does not complete the viability assessment any facility, and facility use pursuant to itory under paragraph (B), the President paragraph (d)(2) of this section shall be con- shall designate a site for the construction of of the Yucca Mountain site by June 30, 1998, or submit the license application for con- sidered preliminary decisionmaking activi- an interim storage facility. If the President ties for purposes of judicial review. The Sec- does not designate a site for the construction struction of a respository by February 1, 2002, or does not begin full spent nuclear fuel retary shall not prepare an environmental of an interim storage facility, or the con- impact statement under section 102(2)(C) of struction of an interim storage facility at receipt operations at a repository by Janu- ary 17, 2010, the license shall authorize a the National Environmental Policy Act of the designated site is not approved by law 1969 (42 U.S.C. 4332(2)(C)) or any environ- within 24 months of the President’s deter- storage capacity of 60,000 MTU. The license application shall be submitted such that the mental review under subparagraph (E) or (F) mination that the Yucca Mountain site is of such Act before conducting these activi- not suitable for development as a repository, license can be issued to permit the second ties. the Secretary shall begin construction of an phase facility to begin full spent nuclear fuel ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— interim storage facility at the interim stor- receipt operations no later than December ‘‘(A) FINAL DECISION.—A final decision by age facility site as defined in section 2(19) of 31, 2002. The license for the second phase the Commission to grant or deny a license this Act. The interim storage facility site as shall have an initial term of up to 100 years, application for the first or second phase of defined in section 2(19) of this Act shall be and shall be renewable for additional terms the interim storage facility shall be accom- deemed to be approved by law for purposes of upon application of the Secretary. ‘‘(e) ADDITIONAL AUTHORITY.— panied by an Environmental Impact State- this section. ‘‘(2) Upon the designation of an interim ‘‘(1) CONSTRUCTION.—For purposes of com- ment prepared under section 102(2)(C) of the storage facility site by the President under plying with this section, the Secretary may National Environmental Policy Act of 1969 paragraph (1)(D), the Secretary shall proceed commence site preparation for the interim (42 U.S.C. 4332(2)(C)). In preparing such Envi- forthwith and without further delay with all storage facility as soon as practicable after ronmental Impact Statement, the Commis- activities necessary to begin storing spent the date of enactment of the Nuclear Waste sion— nuclear fuel and high-level radioactive waste Policy Act of 1996 and shall commence con- ‘‘(i) shall ensure that the scope of the Envi- at an interim storage facility at the des- struction of each phase of the interim stor- ronmental Impact Statement is consistent ignated site, except that the Secretary shall age facility subsequent to submittal of the with the scope of the licensing action; and not begin any construction activities at the license application for such phase except ‘‘(ii) shall analyze the impacts of the trans- designated interim storage facility site be- that the Commission shall issue an order portation of spent nuclear fuel and high-level fore the designated interim storage facility suspending such construction at any time if radioactive waste to the interim storage fa- site is approved by law. the Commission determines that such con- cility in a generic manner. ‘‘(c) DESIGN.— struction poses an unreasonable risk to pub- ‘‘(B) CONSIDERATIONS.—Such Environ- ‘‘(1) The interim storage facility shall be lic health and safety or the environment. mental Impact Statement shall not con- designed in two phases in order to commence The Commission shall terminate all or part sider— operations no later than November 30, 1999. of such order upon a determination that the ‘‘(i) the need for the interim storage facil- The design of the interim storage facility Secretary has taken appropriate action to ity, including any individual component shall provide for the use of storage tech- eliminate such risk. thereof; nologies, licensed, approved, or certified by ‘‘(2) FACILITY USE.—Notwithstanding any ‘‘(ii) the time of the initial availability of the Commission for use at the interim stor- otherwise applicable licensing requirement, the interim storage facility; age facility as necessary to ensure compat- the Secretary may utilize any facility owned ‘‘(iii) any alternatives to the storage of ibility between the interim storage facility by the Federal Government on the date of spent nuclear fuel and high-level radioactive and contract holders’ spent nuclear fuel and enactment of the Nuclear Waste Policy Act waste at the interim storage facility;

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8048 CONGRESSIONAL RECORD — SENATE July 17, 1996 ‘‘(iv) any alternatives to the site of the fa- of the site under the guidelines referenced in sions of this Act, and the regulations of the cility as designated by the Secretary in ac- paragraph (1). Commission; cordance with subsection (a); ‘‘(3) SCHEDULE DATE.—Consistent with the ‘‘(B) without unreasonable risk to the ‘‘(v) any alternatives to the design criteria schedule set forth in the program approach, health and safety of the public; and for such facility or any individual compo- as modified to be consistent with the Nu- ‘‘(C) consistent with the common defense nent thereof, as specified by the Secretary in clear Waste Policy Act of 1996. No later than and security. the license application; or February 1, 2002, the Secretary shall apply to ‘‘(4) POST-CLOSURE.—The Secretary shall ‘‘(vi) the environmental impacts of the the Commission for authorization to con- take those actions necessary and appropriate storage of spent nuclear fuel and high-level struct a repository. If, at any time prior to at the Yucca Mountain site to prevent any radioactive waste at the interim storage fa- the filing of such application, the Secretary activity at the site subsequent to repository cility beyond the initial term of the license determines that the Yucca Mountain site closure that poses an unreasonable risk of— or the term of the renewal period for which cannot satisfy the Commission’s regulations ‘‘(A) breaching the repository’s engineered a license renewal application is made. applicable to the licensing of a geologic re- or geologic barriers; or ‘‘(g) JUDICIAL REVIEW.—Judicial review of pository, the Secretary shall terminate site ‘‘(B) increasing the exposure of individual the Commission’s environmental impact characterization activities at the site, notify members of the public to radiation beyond statement under the National Environ- Congress and the State of Nevada of the Sec- the release standard established in sub- mental Policy Act of 1969 (42 U.S.C. 4321 et retary’s determination and the reasons section (d)(1). seq.) shall be consolidated with judicial re- therefor, and recommend to Congress not ‘‘(c) MODIFICATION OF REPOSITORY LICENS- view of the Commission’s licensing decision. later than 6 months after such determina- ING PROCEDURE.—The Commission’s regula- No court shall have jurisdiction to enjoin the tion further actions, including the enact- tions shall provide for the modification of construction or operation of the interim ment of legislation, that may be needed to the repository licensing procedure, as appro- storage facility prior to its final decision on manage the Nation’s spent nuclear fuel and priate, in the event that the Secretary seeks review of the Commission’s licensing action. high-level radioactive waste. a license to permit the emplacement in the ‘‘(h) WASTE CONFIDENCE.—The Secretary’s ‘‘(4) MAXIMIZING CAPACITY.—In developing repository, on a retrievable basis, of spent obligation to construct and operate the in- an application for authorization to construct nuclear fuel or high-level radioactive waste terim storage facility in accordance with the repository, the Secretary shall seek to as is necessary to provide the Secretary with this section and the Secretary’s obligation maximize the capacity of the repository, in sufficient confirmatory data on repository to develop an integrated management sys- the most cost-effective manner, consistent performance to reasonably confirm the basis tem in accordance with the provisions of this with the need for disposal capacity. for repository closure consistent with appli- Act, shall provide sufficient and independent cable regulations. ‘‘(b) REPOSITORY LICENSING.—Upon the ‘‘(d) REPOSITORY LICENSING STANDARDS.— grounds for any further findings by the Com- completion of any licensing proceeding for Notwithstanding any other provision of law, mission of reasonable assurance that spent the first phase of the interim storage facil- the Administrator of the Environmental nuclear fuel and high-level radioactive waste ity, the Commission shall amend its regula- Protection Agency shall not promulgate, by will be disposed of safely and on a timely tions governing the disposal of spent nuclear rule or otherwise, standards for protection of basis for purposes of the Commission’s deci- fuel and high-level radioactive waste in geo- the public from releases of radioactive mate- sion to grant or amend any license to oper- logic repositories to the extent necessary to rials or radioactivity from the repository ate any civilian nuclear power reactor under comply with this Act. Subject to subsection and any such standards existing on the date the Atomic Energy Act of 1954 (42 U.S.C. 2011, (c), such regulations shall provide for the li- of enactment of the Nuclear Waste Policy et seq.). censing of the repository according to the Act of 1996 shall not be incorporated in the ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR following procedures: Commission’s licensing regulations. The FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— ‘‘(1) CONSTRUCTION AUTHORIZATION.—The Commission’s repository licensing deter- No later than 18 months following the date Commission shall grant the Secretary a con- minations for the protection of the public of enactment of the Nuclear Waste Policy struction authorization for the repository shall be based solely on a finding whether Act of 1996, the Commission shall, by rule, upon determining that there is reasonable the repository can be operated in conform- establish criteria for the storage in the in- assurance that spent nuclear fuel and high- ance with the overall system performance terim storage facility of fuel and waste list- level radioactive waste can be disposed of in standard established in paragraph (1), ap- ed in paragraph (e)(3)(A) through (C), to the the repository— plied in accordance with the provisions of extent such criteria are not included in regu- ‘‘(A) in conformity with the Secretary’s paragraph (2). The Commission shall amend lations issued by the Commission and exist- application, the provisions of this Act, and its regulations in accordance with subsection ing on the date of enactment of the Nuclear the regulations of the Commission; (b) to incorporate each of the following li- Waste Policy Act of 1996. Following estab- ‘‘(B) without unreasonable risk to the censing standards: lishment of such criteria, the Secretary shall health and safety of the public; and ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM seek authority, as necessary, to store fuel ‘‘(C) consistent with the common defense PERFORMANCE STANDARD.—The standard for and waste listed in paragraph (e)(3) (A) and security. protection of the public from release of ra- through (C) at the interim storage facility. ‘‘(2) LICENSE.—Following substantial com- dioactive material or radioactivity from the None of the activities carried out pursuant pletion of construction and the filing of any repository shall prohibit releases that would to this paragraph shall delay, or otherwise additional information needed to complete expose an average member of the general affect, the development, construction, li- the license application, the Commission population in the vicinity of the Yucca censing, or operation of the interim storage shall issue a license to dispose of spent nu- Mountain site to an annual dose in excess of facility. clear fuel and high-level radioactive waste in 100 millirems unless the Commission deter- ‘‘(j) SAVINGS CLAUSE.—The Commission the repository if the Commission determines mines by rule that such standard would con- shall, by rule, establish procedures for the li- that the repository has been constructed and stitute an unreasonable risk to health and censing of any technology for the dry stor- will operate— safety and establishes by rule another stand- age of spent nuclear fuel by rule and with- ‘‘(A) in conformity with the Secretary’s ard which will protect health and safety. out, to the maximum extent possible, the application, the provisions of this Act, and Such standard shall constitute an overall need for site-specific approvals by the Com- the regulations of the Commission; system performance standard. mission. Nothing in this Act shall affect any ‘‘(B) without unreasonable risk to the ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- such procedures, or any licenses or approvals health and safety of the public; and FORMANCE STANDARD.—The Commission shall issued pursuant to such procedures in effect ‘‘(C) consistent with the common defense issue the license if it finds reasonable assur- on the date of enactment. and security. ance that for the first 1,000 years following ‘‘SEC. 205. PERMANENT REPOSITORY. ‘‘(3) CLOSURE.—After emplacing spent nu- the commencement of repository operations, ‘‘(a) REPOSITORY CHARACTERIZATION.— clear fuel and high-level radioactive waste in the overall system performance standard ‘‘(1) GUIDELINES.—The guidelines promul- the repository and collecting sufficient con- will be met based on a probabilistic evalua- gated by the Secretary and published at 10 firmatory data on repository performance to tion, as appropriate, of compliance with the CFR part 960 are annulled and revoked and reasonably confirm the basis for repository overall system performance standard in the Secretary shall make no assumptions or closure consistent with the Commission’s paragraph (1). conclusions about the licensability of the regulations applicable to the licensing of a ‘‘(3) FACTORS.—For purposes of making the Yucca Mountain site as a repository by ref- repository, as modified in accordance with finding in paragraph (2)— erence to such guidelines. this Act, the Secretary shall apply to the ‘‘(A) the Commission shall not consider ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— Commission to amend the license to permit catastrophic events where the health con- The Secretary shall carry out appropriate permanent closure of the repository. The sequences of individual events themselves site characterization activities at the Yucca Commission shall grant such license amend- can be reasonably assumed to exceed the Mountain site in accordance with the Sec- ment upon finding that there is reasonable health consequences due to the impact of the retary’s program approach to site character- assurance that the repository can be perma- events on repository performance; ization. The Secretary shall modify or elimi- nently closed— ‘‘(B) for the purpose of this section, an av- nate those site characterization activities ‘‘(A) in conformity with the Secretary’s erage member of the general population in designed only to demonstrate the suitability application to amend the license, the provi- the vicinity of the Yucca Mountain site

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8049 means a person whose physiology, age, gen- the public land laws, including the mineral ‘‘(5) recommendations on alternative ways eral health, agricultural practices, eating leasing laws, the geothermal leasing laws, to structure an effort in research, develop- habits, and social behavior represent the av- the material sale laws, and the mining laws. ment, and demonstration with respect to al- erage for persons living in the vicinity of the ‘‘(2) JURISDICTION.—Jurisdiction of any ternative technologies; and site. Extremes in social behavior, eating land within the interim storage facility site ‘‘(6) the recommendations of the Secretary habits, or other relevant practices or charac- and the Yucca Mountain site managed by the with respect to research, development, and teristics shall not be considered; and Secretary of the Interior or any other Fed- demonstration of the most promising alter- ‘‘(C) the Commission shall assume that, eral officer is transferred to the Secretary. native technologies for the treatment and following repository closure, the inclusion of ‘‘(3) RESERVATION.—The interim storage fa- disposal of spent nuclear fuel and high-level engineered barriers and the Secretary’s post- cility site and the Yucca Mountain site are radioactive waste. closure actions at the Yucca Mountain site; reserved for the use of the Secretary for the ‘‘(b) OFFICE OF NUCLEAR WASTE DISPOSAL in accordance with subsection (b)(4), shall be construction and operation, respectively, of RESEARCH.—(1) There is hereby established sufficient to— the interim storage facility and the reposi- an Office of Nuclear Waste Disposal Research ‘‘(i) prevent any human activity at the site tory and activities associated with the pur- within the Office of Energy Research of the that poses an unreasonable risk of breaching poses of this title. Department of Energy. The Office shall be the repository’s engineered or geologic bar- ‘‘(b) LAND DESCRIPTION.— headed by the Director, who shall be a mem- riers; and ‘‘(1) BOUNDARIES.—The boundaries depicted ber of the Senior Executive Service ap- ‘‘(ii) prevent any increase in the exposure on the map entitled ‘Interim Storage Facil- pointed by the Director of the Office of En- of individual members of the public to radi- ity Site Withdrawal Map,’ dated March 13, ergy Research, and compensated at a rate de- ation beyond the allowable limits specified 1996, and on file with the Secretary, are es- termined by applicable law. tablished as the boundaries of the Interim in paragraph (1). ‘‘(2) The Director of the Office of Nuclear Storage Facility site. ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- Waste Research shall be responsible for car- ‘‘(2) BOUNDARIES.—The boundaries depicted sion shall analyze the overall system per- rying out research, development, and dem- on the map entitled ‘Yucca Mountain Site formance through the use of probabilistic onstration activities on alternative tech- Withdrawal Map,’ dated July 9, 1996, and on evaluations that use best estimate assump- nologies for the treatment and disposal of file with the Secretary, are established as tions, data, and methods for the period com- high-level nuclear radioactive waste and the boundaries of the Yucca Mountain site. mencing after the first 1,000 years of oper- spent nuclear fuel, subject to the general su- ation of the repository and terminating at ‘‘(3) NOTICE AND MAPS.—Within 6 months of the date of the enactment of the Nuclear pervision of the Secretary. The Director of 10,000 years after the commencement of oper- Waste Policy Act of 1996, the Secretary the Office shall be directly responsible to the ation of the repository. shall— Director of the Office of Energy Research, ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ‘‘(A) publish in the Federal Register a no- and the first such Director shall be ap- ACT.— tice containing a legal description of the in- pointed within 30 days of the date of enact- ‘‘(1) SUBMISSION OF STATEMENT.—Construc- terim storage facility site; and ment of the Nuclear Waste Policy Act of tion and operation of the repository shall be ‘‘(B) file copies of the maps described in 1996. considered a major Federal action signifi- paragraph (1), and the legal description of ‘‘(3) In carrying out his responsibilities cantly affecting the quality of the human en- the interim storage facility site with the under this Section, the Secretary may make vironment for purposes of the National Envi- Congress, the Secretary of the Interior, the grants to, or enter into contracts with, the ronmental Policy Act of 1969 (42 U.S.C. 4321 Governor of Nevada, and the Archivist of the Nuclear Waste Research Consortium de- et seq.). The Secretary shall submit an envi- United States. scribed in paragraph (4) of this section and ronmental impact statement on the con- ‘‘(4) NOTICE AND MAPS.—Concurrent with other persons. struction and operation of the repository to the Secretary’s application to the Commis- ‘‘(4)(A) Within 60 days of the date of enact- the Commission with the license application sion for authority to construct the reposi- ment of the Nuclear Waste Policy Act of and shall supplement such environmental tory, the Secretary shall— 1996, the Secretary shall establish a univer- impact statement as appropriate. ‘‘(A) publish in the Federal Register a no- sity-based Nuclear Waste Disposal Consor- ‘‘(2) CONSIDERATIONS.—For purposes of tice containing a legal description of the tium involving leading universities and in- complying with the requirements of the Na- Yucca Mountain site; and stitutions, national laboratories, the com- tional Environmental Policy Act of 1969 and ‘‘(B) file copies of the maps described in mercial nuclear industry, and other organi- this section, the Secretary shall not consider paragraph (2), and the legal description of zations to investigate technical and institu- in the environmental impact statement the the Yucca Mountain site with the Congress, tional feasibility of alternative technologies need for the repository, or alternative sites the Secretary of the Interior, the Governor for the treatment and disposal of spent nu- or designs for the repository. of Nevada, and the Archivist of the United clear fuel and high-level radioactive waste. ‘‘(3) ADOPTION BY COMMISSION.—The Sec- States. ‘‘(B) The Nuclear Waste Disposal Consor- retary’s environmental impact statement ‘‘(5) CONSTRUCTION.—The maps and legal tium shall develop a research plan and budg- and any supplements thereto shall, to the ex- descriptions of the interim storage facility et to achieve the following objectives by tent practicable, be adopted by the Commis- site and the Yucca Mountain site referred to 2005: sion in connection with the issuance by the in this subsection shall have the same force ‘‘(i) identify promising alternative tech- Commission of a construction authorization and effect as if they were included in this nologies for the treatment and disposal of under subsection (b)(1), a license under sub- Act. The Secretary may correct clerical and spent nuclear fuel and high-level radioactive section (b)(2), or a license amendment under typographical errors in the maps and legal waste. subsection (b)(3). To the extent such state- descriptions and make minor adjustments in ‘‘(ii) conduct research and develop concep- ment or supplement is adopted by the Com- the boundaries of the sites. tual designs for promising alternative tech- mission, such adoption shall be deemed to ‘‘SEC. 207. PERMANENT DISPOSAL ALTER- nologies, including estimated costs and in- also satisfy the responsibilities of the Com- NATIVES. stitutional requirements for continued re- mission under the National Environmental ‘‘(a) STUDY.—Within 270 days after the date search and development; and Policy Act of 1969, and no further consider- of the enactment of the Nuclear Waste Pol- ‘‘(iii) identify and assess potential impacts ation shall be required, except that nothing icy Act of 1996, the Secretary shall report to of promising alternative technologies on the in this subsection shall affect any inde- Congress on alternatives for the permanent environment. pendent responsibilities of the Commission disposal of spent nuclear fuel and high-level ‘‘(C) In 2000, and again in 2005, the Nuclear to protect the public health and safety under radioactive waste. The report under this sec- Waste Disposal Consortium shall report to the Atomic Energy Act of 1954. In any such tion shall include— Congress on the progress being made in statement or supplement prepared with re- ‘‘(1) an assessment of the current state of achieving the objectives of paragraph (2). spect to the repository, the Commission knowledge of alternative technologies for ‘‘(5) The Director of the Office of Nuclear shall not consider the need for a repository, the treatment and disposal of spent nuclear Waste Disposal Research shall annually pre- or alternate sites or designs for the reposi- fuel and high-level radioactive waste; pare and submit a report to the Congress on tory. ‘‘(2) an estimate of the costs of research the activities and expenditures of the Office. ‘‘(f) JUDICIAL REVIEW.—No court shall have and development of alternative technologies; ‘‘TITLE III—LOCAL RELATIONS jurisdiction to enjoin issuance of the Com- ‘‘(3) an analysis of institutional factors as- mission repository licensing regulations sociated with alternative technologies, in- ‘‘SEC. 301. FINANCIAL ASSISTANCE. prior to its final decision on review of such cluding international aspects of a decision of ‘‘(a) GRANTS.—The Secretary is authorized regulations. the United States to proceed with the devel- to make grants to any affected Indian tribe ‘‘SEC. 206. LAND WITHDRAWAL. opment of alternative technologies (includ- or affected unit of local government for pur- ‘‘(a) WITHDRAWAL AND RESERVATION.— ing nuclear proliferation concerns) as an op- poses of enabling the affected Indian tribe or ‘‘(1) WITHDRAWAL.—Subject to valid exist- tion for nuclear waste management and dis- affected unit of local government— ing rights, the interim storage facility site posal; ‘‘(1) to review activities taken with respect and the Yucca Mountain site, as described in ‘‘(4) a full discussion of environmental and to the Yucca Mountain site for purposes of subsection (b), are withdrawn from all forms public health and safety aspects of alter- determining any potential economic, social, of entry, appropriation, and disposal under native technologies; public health and safety, and environmental

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impacts of the integrated management sys- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. ‘‘(c) CONSTRUCTION.—The maps and legal tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of descriptions of special conveyances referred fected unit of local government and its resi- any of the benefits provided under this title to in subsection (l) shall have the same force dents; by any affected Indian tribe or affected unit and effect as if they were included in this ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to Act. The Secretary may correct clerical and ance under subsection (c); be an expression of consent, express, or im- typographical errors in the maps and legal ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the descriptions and make minor adjustments in or evaluation activities with regard to such State or any law thereof, to the siting of an the boundaries of the sites. site; interim storage facility or repository in the ‘‘(d) EVIDENCE OF TITLE TRANSFER.—Upon ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- the request of the County of Nye, Nevada, garding any activities of the Secretary, or stitution or laws to the contrary notwith- the Secretary of the Interior shall provide the Commission with respect to such site; standing. evidence of title transfer. and ‘‘(b) ARGUMENTS.—Neither the United ‘‘(5) to request information from, and make States nor any other entity may assert any ‘‘TITLE IV—FUNDING AND ORGANIZATION comments and recommendations to, the Sec- argument based on legal or equitable estop- ‘‘SEC. 401. PROGRAM FUNDING. retary regarding any activities taken with pel, or acquiescence, or waiver, or consensual ‘‘(a) CONTRACTS.— respect to such site. involvement, in response to any decision by ‘‘(1) AUTHORITY OF SECRETARY.—In the per- ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any the State to oppose the siting in Nevada of formance of the Secretary’s functions under salary or travel expense that would ordi- an interim storage facility or repository pre- this Act, the Secretary is authorized to enter narily be incurred by any affected Indian mised upon or related to the acceptance or into contracts with any person who gen- tribe or affected unit of local government use of benefits under this title. erates or holds title to spent nuclear fuel or may not be considered eligible for funding ‘‘(c) LIABILITY.—No liability of any nature high-level radioactive waste of domestic ori- under this section. shall accrue to be asserted against any offi- gin for the acceptance of title and posses- ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- cial of any government unit of Nevada pre- sion, transportation, interim storage, and ANCE.— mised solely upon the acceptance or use of disposal of such waste or spent fuel. Such ‘‘(1) ASSISTANCE REQUESTS.—The Secretary benefits under this title. contracts shall provide for payment of an- is authorized to offer to provide financial ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. nual fees to the Secretary in the amounts set and technical assistance to any affected In- by the Secretary pursuant to paragraphs (2) dian tribe or affected unit of local govern- ‘‘None of the funding provided under this and (3). Except as provided in paragraph (3), ment requesting such assistance. Such as- title may be used— fees assessed pursuant to this paragraph sistance shall be designed to mitigate the ‘‘(1) directly or indirectly to influence leg- shall be paid to the Treasury of the United impact on the affected Indian tribe or af- islative action on any matter pending before States and shall be available for use by the fected unit of local government of the devel- Congress or a State legislature or for any Secretary pursuant to this section until ex- opment of the integrated management sys- lobbying activity as provided in section 1913 pended. Subsequent to the date of enactment tem. of title 18, United States Code; ‘‘(2) for litigation purposes; and of the Nuclear Waste Policy Act of 1996, the ‘‘(2) REPORT.—Any affected Indian tribe or contracts executed under section 302(a) of affected unit of local government may re- ‘‘(3) to support multistate efforts or other the Nuclear Waste Policy Act of 1982 shall quest assistance under this section by pre- coalition-building activities inconsistent continue in effect under this Act, provided paring and submitting to the Secretary a re- with the purposes of this Act. that the Secretary shall consent to an port on the economic, social, public health ‘‘SEC. 305 LAND CONVEYANCES. amendment to such contracts as necessary and safety, and environmental impacts that ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One to implement the provisions of this Act. are likely to result from activities of the in- hundred and twenty days after enactment of ‘‘(2) ANNUAL FEES.— tegrated management system. this Act, all right, title and interest of the ‘‘(A) for electricity generated by civilian ‘‘(d) OTHER ASSISTANCE.— United States in the property described in nuclear power reactors and sold between ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- subsection (b), and improvements thereon, nancial assistance provided under this sub- together with all necessary easements for January 7, 1983, and September 30, 2002, the section, the Secretary is authorized to grant utilities and ingress and egress to such prop- fee under paragraph (1) shall be equal to 1.0 to any affected Indian tribe or affected unit erty, including, but not limited to, the right mill per kilowatt-hour generated and sold. of local government an amount each fiscal to improve those easements, are conveyed by For electricity generated by civilian nuclear year equal to the amount such affected In- operation of law to the County of Nye, Ne- power reactors and sold on or after October dian tribe or affected unit of local govern- vada, unless the county notifies the Sec- 1, 2002, the aggregate amount of fees col- ment, respectively, would receive if author- retary of Interior or the head of such other lected during each fiscal year shall be no ized to tax integrated management system appropriate agency in writing within 60 days greater than the annual level of appropria- activities, as such affected Indian tribe or af- of such date of enactment that it elects not tions for expenditures on those activities fected unit of local government taxes the to take title to all or any part of the prop- consistent with subsection (d) for that fiscal non-Federal real property and industrial ac- erty, except that any lands conveyed to the year, minus— tivities occurring within such affected unit County of Nye under this subsection that are ‘‘(i) any unobligated balance collected pur- of local government. subject to a Federal grazing permit or lease suant to this section during the previous fis- cal year; and ‘‘(2) TERMINATION.—Such grants shall con- or a similar federally granted permit or lease tinue until such time as all such activities, shall be conveyed between 60 and 120 days of ‘‘(ii) the percentage of such appropriation development, and operations are terminated the earliest time the Federal agency admin- required to be funded by the Federal Govern- at such site. istering or granting the permit or lease ment pursuant to section 403. ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND would be able to legally terminate such right The Secretary shall determine the level of UNITS OF LOCAL GOVERNMENT.— under the statutes and regulations existing the annual fee for each civilian nuclear ‘‘(A) PERIOD.—Any affected Indian tribe or at the date of enactment of this Act, unless power reactor based on the amount of elec- affected unit of local government may not Nye County and the affected holder of the tricity generated and sold, except that the receive any grant under paragraph (1) after permit or lease negotiate an agreement that annual fee collected under this subparagraph the expiration of the 1-year period following allows for an earlier conveyance. shall not exceed 1.0 mill per kilowatthour the date on which the Secretary notifies the ‘‘(b) SPECIAL CONVEYANCES.—Notwith- generated and sold. affected Indian tribe or affected unit of local standing any other law, the following public ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- government of the termination of the oper- lands depicted on the maps and legal descrip- ing any fiscal year on or after October 1, ation of the integrated management system. tions dated October 11, 1995, and on file with 2002, the aggregate amount of fees assessed ‘‘(B) ACTIVITIES.—Any affected Indian tribe the Secretary shall be conveyed under para- pursuant to subparagraph (A) is less than the or affected unit of local government may not graph (1) to the County of Nye, Nevada: annual level of appropriations for expendi- receive any further assistance under this sec- Map 1; proposed Pahrump industrial park tures on those activities specified in sub- tion if the integrated management system site. section (d) for that fiscal year, minus— activities at such site are terminated by the Map 2; proposed Lathrop Wells (gate 510) ‘‘(i) any unobligated balance collected pur- Secretary or if such activities are perma- industrial park site. suant to this section during the previous fis- nently enjoined by any court. Map 3; Pahrump landfill sites. cal year; and ‘‘SEC. 302. ON-SITE REPRESENTATIVE. Map 4; Amargosa Valley Regional Landfill ‘‘(ii) the percentage of such appropriations ‘‘The Secretary shall offer to the unit of site. required to be funded by the Federal Govern- local government within whose jurisdiction a Map 5; Amargosa Valley Municipal Land- ment pursuant to section 403, site for an interim storage facility or reposi- fill site. the Secretary may make expenditures from tory is located under this Act an opportunity Map 6; Beatty Landfill/Transfer Station the Nuclear Waste Fund up to the level of to designate a representative to conduct on- site. the fees assessed. site oversight activities at such site. The Map 7; Round Mountain Landfill site. ‘‘(C) RULES.—The Secretary shall, by rule, Secretary is authorized to pay the reason- Map 8; Tonopah Landfill site. establish procedures necessary to implement able expenses of such representative. Map 9; Gabbs Landfill site. this paragraph.

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‘‘(3) ONE-TIME FEE.—For spent nuclear fuel retary by not later than the date on which the Nuclear Waste Policy Act of 1996, shall or solidified high-level radioactive waste de- such generator or owner commences genera- continue in effect subsequent to the date of rived from spent nuclear fuel, which fuel was tion of, or takes title to, such spent fuel or enactment of the Nuclear Waste Policy Act used to generate electricity in a civilian nu- waste. of 1996. clear power reactor prior to January 7, 1983, ‘‘(3) ASSIGNMENT.—The rights and duties of ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director the fee shall be in an amount equivalent to contract holders are assignable. of the Office shall be responsible for carrying an average charge of 1.0 mill per ‘‘(c) NUCLEAR WASTE FUND.— out the functions of the Secretary under this kilowatthour for electricity generated by ‘‘(1) IN GENERAL.—The Nuclear Waste Fund Act, subject to the general supervision of the such spent nuclear fuel, or such solidified established in the Treasury of the United Secretary. The Director of the Office shall be high-level waste derived therefrom. Payment States under section 302(c) of the Nuclear directly responsible to the Secretary. of such one-time fee prior to the date of en- Waste Policy Act of 1982 shall continue in ef- ‘‘SEC. 403. FEDERAL CONTRIBUTION. actment of the Nuclear Waste Policy Act of fect under this Act and shall consist of— ‘‘(a) ALLOCATION.—No later than one year 1996 shall satisfy the obligation imposed ‘‘(A) the existing balance in the Nuclear from the date of enactment of the Nuclear under this paragraph. Any one-time fee paid Waste Fund on the date of enactment of the Waste Policy Act of 1996, acting pursuant to and collected subsequent to the date of en- Nuclear Waste Policy Act of 1996; and section 553 of title 5, United States Code, the actment of the Nuclear Waste Policy Act of ‘‘(B) all receipts, proceeds, and recoveries Secretary shall issue a final rule estab- 1996 pursuant to the contracts, including any realized under subsections (a), and (c)(3) sub- lishing the appropriate portion of the costs interest due pursuant to such contracts, sequent to the date of enactment of the Nu- of managing spent nuclear fuel and high- shall be paid to the Nuclear Waste Fund no clear Waste Policy Act of 1996, which shall be level radioactive waste under this Act allo- later than September 30, 2002. The Commis- deposited in the Nuclear Waste Fund imme- cable to the interim storage or permanent sion shall suspend the license of any licensee diately upon their realization. disposal of spent nuclear fuel and high-level who fails or refuses to pay the full amount of ‘‘(2) USE.—The Secretary may make ex- radioactive waste from atomic energy de- the fee referred to in this paragraph on or be- penditures from the Nuclear Waste Fund, fense activities and spent nuclear fuel from fore September 30, 2002, and the license shall subject to subsection (d) and (e), only for foreign research reactors. The share of costs remain suspended until the full amount of purposes of the integrated management sys- allocable to the management of spent nu- the fee referred to in this paragraph is paid. tem. clear fuel and high-level radioactive waste The person paying the fee under this para- ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE from atomic energy defense activities and graph to the Secretary shall have no further FUND.— spent nuclear fuel from foreign research re- financial obligation to the Federal Govern- (A) IN GENERAL.—The Secretary of the actors shall include, ment for the long-term storage and perma- Treasury shall hold the Nuclear Waste Fund ‘‘(1) an appropriate portion of the costs as- nent disposal of spent fuel or high-level ra- and, after consultation with the Secretary, sociated with research and development ac- dioactive waste derived from spent nuclear annually report to the Congress on the finan- tivities with respect to development of an in- fuel used to generate electricity in a civilian cial condition and operations of the Nuclear terim storage facility and repository; and power reactor prior to January 7, 1983. Waste Fund during the preceding fiscal year. ‘‘(2) as appropriate, interest on the prin- ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary ‘‘(B) AMOUNTS IN EXCESS OF CURRENT cipal amounts due calculated by reference to shall annually review the amount of the fees NEEDS.—If the Secretary determines that the the appropriate Treasury bill rate as if the established by paragraphs (2) and (3), to- Nuclear Waste Fund contains at any time payments were made at a point in time con- gether with the existing balance of the Nu- amounts in excess of current needs, the Sec- sistent with the payment dates for spent nu- clear Waste Fund on the date of enactment retary may request the Secretary of the clear fuel and high-level radioactive waste of the Nuclear Waste Policy Act of 1996, to Treasury to invest such amounts, or any por- under the contracts. evaluate whether collection of the fee will tion of such amounts as the Secretary deter- ‘‘(b) APPROPRIATION REQUEST.—In addition provide sufficient revenues to offset the mines to be appropriate, in obligations of the to any request for an appropriation from the costs as defined in subsection (c)(2). In the United States— Nuclear Waste Fund, the Secretary shall re- event the Secretary determines that the rev- ‘‘(i) having maturities determined by the quest annual appropriations from general enues being collected are either insufficient Secretary of the Treasury to be appropriate revenues in amounts sufficient to pay the or excessive to recover the costs incurred by to the needs of the Nuclear Waste Fund; and costs of the management of spent nuclear the Federal Government that are specified in ‘‘(ii) bearing interest at rates determined fuel and high-level radioactive waste from subsection (c)(2), the Secretary shall propose to be appropriate by the Secretary of the atomic energy defense activities and spent an adjustment to the fee in subsection (c)(2) Treasury, taking into consideration the cur- nuclear fuel from foreign research reactors to ensure full cost recovery. The Secretary rent average market yield on outstanding as established under subsection (a). shall immediately transmit the proposal for ‘‘(c) REPORT.—In conjunction with the an- marketable obligations of the United States such an adjustment to both houses of Con- nual report submitted to Congress under with remaining periods to maturity com- gress. Section 702, the Secretary shall advise the parable to the maturities of such invest- ‘‘(b) ADVANCE CONTRACTING REQUIREMENT. Congress annually of the amount of spent ments, except that the interest rate on such ‘‘(1) IN GENERAL.— nuclear fuel and high-level radioactive waste investments shall not exceed the average in- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The from atomic energy defense activities and terest rate applicable to existing borrowings. Commission shall not issue or renew a li- spent nuclear fuel from foreign research re- ‘‘(C) EXEMPTION.—Receipts, proceeds, and cense to any person to use a utilization or actors requiring management in the inte- recoveries realized by the Secretary under production facility under the authority of grated management system. this section, and expenditures of amounts section 103 or 104 of the Atomic Energy Act ‘‘(d) AUTHORIZATION.—There is authorized of 1954 (42 U.S.C. 2133, 2134) unless— from the Nuclear Waste Fund, shall be ex- to be appropriated to the Secretary, from ‘‘(i) such person has entered into a con- empt from annual apportionment under the general revenues, for carrying out the pur- tract under subsection (a) with the Sec- provisions of subchapter II of chapter 15 of poses of this Act, such sums as may be nec- retary; or title 31, United States Code. essary to pay the costs of the management of ‘‘(d) BUDGET.—The Secretary shall submit ‘‘(ii) the Secretary affirms in writing that spent nuclear fuel and high-level radioactive the budget for implementation of the Sec- such person is actively and in good faith ne- waste from atomic energy defense activities retary’s responsibilities under this Act to gotiating with the Secretary for a contract the Office of Management and Budget annu- and spent nuclear fuel from foreign research under this section. ally along with the budget of the Depart- reactors as established under subsection (a). ‘‘(B) PRECONDITION.—The Commission, as it ment of Energy submitted at such time in SEC. 404. BUDGET PRIORITIES. deems necessary or appropriate, may require accordance with chapter 11 of title 31, United ‘‘(a) THE SECRETARY.—For purposes of pre- as a precondition to the issuance or renewal States Code. The budget shall consist of the paring annual requests for appropriations for of a license under section 103 or 104 of the estimates made by the Secretary of expendi- the integrated management system and allo- Atomic Energy Act of 1954 (42 U.S.C. 2133, tures under this Act and other relevant fi- cating funds among competing requirements, 2134) that the applicant for such license shall nancial matters for the succeeding 3 fiscal the Secretary shall give funding for the li- have entered into an agreement with the years, and shall be included in the budget of censing, construction, and operation of the Secretary for the disposal of spent nuclear the United States Government. interim storage facility under section 204 fuel and high-level radioactive waste that ‘‘(e) APPROPRIATIONS.—The Secretary may and development of the transportation capa- may result from the use of such license. make expenditures from the Nuclear Waste bility under sections 201, 202, and 203 the ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Fund, subject to appropriations, which shall highest priority. provided in paragraph (1), no spent nuclear remain available until expended. ‘‘(b) THE COMMISSION.—For purposes of pre- fuel or high-level radioactive waste gen- ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE paring annual requests for appropriations for erated or owned by any person (other than a WASTE MANAGEMENT. the integrated management system and allo- department of the United States referred to ‘‘(a) CONTINUATION OF THE OFFICE OF CIVIL- cating annual appropriations among com- in section 101 or 102 of title 5, United States IAN RADIOACTIVE WASTE MANAGEMENT.—The peting requirements, the Commission shall Code) may be disposed of by the Secretary in Office of Civilian Radioactive Waste Manage- allocate funds in accordance with the fol- the repository unless the generator or owner ment established under section 304(a) of the lowing prioritization: of such spent fuel or waste has entered into Nuclear Waste Policy Act of 1982 as con- ‘‘(1) The issuance of regulations for and the a contract under subsection (a) with the Sec- stituted prior to the date of enactment of licensing of an interim storage facility under

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8052 CONGRESSIONAL RECORD — SENATE July 17, 1996 section 204 and any associated storage and/or sity fuel storage racks, fuel rod compaction, tion for a license or license amendment re- transport systems to be used in the inte- the transshipment of spent nuclear fuel to ceived by the Commission to expand onsite grated management system shall be ac- another civilian nuclear power reactor with- spent fuel storage capacity by the use of a corded the highest priority; and in the same utility system, the construction new technology not previously approved for ‘‘(2) the licensing of the repository under of additional spent nuclear fuel pool capac- use at any nuclear power plant by the Com- section 205 shall be accorded the next highest ity or dry storage capacity, or by other mission. priority. means, the Commission shall, at the request ‘‘(c) JUDICIAL REVIEW.—No court shall hold ‘‘TITLE V—GENERAL AND of any party, provide an opportunity for oral unlawful or set aside a decision of the Com- MISCELLANEOUS PROVISIONS argument with respect to any matter which mission in any proceeding described in sub- the Commission determines to be in con- section (a) because of a failure by the Com- ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. troversy among the parties. The oral argu- mission to use a particular procedure pursu- ‘‘If the requirements of any law are incon- ment shall be preceded by such discovery ant to this section unless— sistent with or duplicative of the require- procedures as the rules of the Commission ‘‘(1) an objection to the procedure used was ments of the Atomic Energy Act and this shall provide. The Commission shall require presented to the Commission in a timely Act, the Secretary shall comply only with each party, including the Commission staff, fashion or there are extraordinary cir- the requirements of the Atomic Energy Act to submit in written form, at the time of the cumstances that excuse the failure to and this Act in implementing the integrated oral argument, a summary of the facts, data, present a timely objection; and management system. Any requirement of a and arguments upon which such party pro- ‘‘(2) the court finds that such failure has State or political subdivision of a State is poses to rely that are known at such time to precluded a fair consideration and informed preempted if— such party. Only facts and data in the form resolution of a significant issue of the pro- ‘‘(1) complying with such requirement and of sworn testimony or written submission ceeding taken as a whole. a requirement of this Act is impossible; or may be relied upon by the parties during oral ‘‘SEC. 504. SITING A SECOND REPOSITORY. ‘‘(2) such requirement, as applied or en- argument. Of the materials that may be sub- ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— forced, is an obstacle to accomplishing or mitted by the parties during oral argument, The Secretary may not conduct site-specific carrying out this Act or a regulation under the Commission shall only consider those activities with respect to a second repository this Act. facts and data that are submitted in the unless Congress has specifically authorized ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- form of sworn testimony or written submis- and appropriated funds for such activities. TIONS. sion. ‘‘(b) REPORT.—The Secretary shall report ‘‘(a) JURISDICTION OF THE UNITED STATES ‘‘(b) ADJUDICATORY HEARING.— to the President and to Congress on or after COURTS OF APPEALS.— ‘‘(1) DESIGNATION.—At the conclusion of January 1, 2007, but not later than January 1, ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- any oral argument under subsection (a), the 2010, on the need for a second repository. TION.—Except for review in the Supreme Commission shall designate any disputed ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- Court of the United States, and except as question of fact, together with any remain- LEVEL RADIOACTIVE WASTE SITE otherwise provided in this Act, the United ing questions of law, for resolution in an ad- CLOSURE. States courts of appeals shall have original judicatory hearing only if it determines ‘‘(a) FINANCIAL ARRANGEMENTS.— and exclusive jurisdiction over any civil ac- that— ‘‘(1) STANDARDS AND INSTRUCTIONS.—The tion— ‘‘(A) there is a genuine and substantial dis- Commission shall establish by rule, regula- ‘‘(A) for review of any final decision or ac- pute of fact which can only be resolved with tion, or order, after public notice, and in ac- tion of the Secretary, the President, or the sufficient accuracy by the introduction of cordance with section 181 of the Atomic En- Commission under this Act; evidence in an adjudicatory hearing; and ergy Act of 1954 (42 U.S.C. 2231), such stand- ‘‘(B) alleging the failure of the Secretary, ‘‘(B) the decision of the Commission is ards and instructions as the Commission the President, or the Commission to make likely to depend in whole or in part on the may deem necessary or desirable to ensure in any decision, or take any action, required resolution of such dispute. the case of each license for the disposal of under this Act; ‘‘(2) DETERMINATION.—In making a deter- low-level radioactive waste that an adequate ‘‘(C) challenging the constitutionality of mination under this subsection, the Commis- bond, surety, or other financial arrangement any decision made, or action taken, under sion— (as determined by the Commission) will be any provision of this Act; or ‘‘(A) shall designate in writing the specific provided by a licensee to permit completion ‘‘(D) for review of any environmental im- facts that are in genuine and substantial dis- of all requirements established by the Com- pact statement prepared or environmental pute, the reason why the decision of the mission for the decontamination, decommis- assessment pursuant to the National Envi- agency is likely to depend on the resolution sioning, site closure, and reclamation of ronmental Policy Act of 1969 (42 U.S.C. 4321 of such facts, and the reason why an adju- sites, structures, and equipment used in con- et seq.) with respect to any action under this dicatory hearing is likely to resolve the dis- junction with such low-level radioactive Act or alleging a failure to prepare such pute; and waste. Such financial arrangements shall be statement with respect to any such action. ‘‘(B) shall not consider— provided and approved by the Commission, ‘‘(2) VENUE.—The venue of any proceeding ‘‘(i) any issue relating to the design, con- or, in the case of sites within the boundaries under this section shall be in the judicial cir- struction, or operation of any civilian nu- of any agreement State under section 274 of cuit in which the petitioner involved resides clear power reactor already licensed to oper- the Atomic Energy Act of 1954 (42 U.S.C. or has its principal office, or in the United ate at such site, or any civilian nuclear 2021), by the appropriate State or State enti- States Court of Appeals for the District of power reactor to which a construction per- ty, prior to issuance of licenses for low-level Columbia Circuit. mit has been granted at such site, unless the radioactive waste disposal or, in the case of (b) DEADLINE FOR COMMENCING ACTION.—A Commission determines that any such issue licenses in effect on January 7, 1983, prior to civil action for judicial review described substantially affects the design, construc- termination of such licenses. under subsection (a)(1) may be brought no tion, or operation of the facility or activity ‘‘(2) BONDING, SURETY OR OTHER FINANCIAL later than 180 days after the date of the deci- for which such license application, author- ARRANGEMENTS.—If the Commission deter- sion or action or failure to act involved, as ization, or amendment is being considered; mines that any long-term maintenance or the case may be, except that if a party shows or monitoring, or both, will be necessary at a that he did not know of the decision or ac- ‘‘(ii) any siting or design issue fully consid- site described in paragraph (1), the Commis- tion complained of (or of the failure to act), ered and decided by the Commission in con- sion shall ensure before termination of the and that a reasonable person acting under nection with the issuance of a construction license involved that the licensee has made the circumstances would not have known, permit or operating license for a civilian nu- available such bonding, surety, or other fi- such party may bring a civil action no later clear power reactor at such site; unless nancial arrangements as may be necessary than 180 days after the date such party ac- ‘‘(I) such issue results from any revision of to ensure that any necessary long-term quired actual or constructive knowledge or siting or design criteria by the Commission maintenance or monitoring needed for such such decision, action, or failure to act. following such decision; and site will be carried out by the person having ‘‘(c) APPLICATION OF OTHER LAW.—The pro- ‘‘(II) the Commission determines that such title and custody for such site following li- visions of this section relating to any matter issue substantially affects the design, con- cense termination. shall apply in lieu of the provisions of any struction, or operation of the facility or ac- ‘‘(b) TITLE AND CUSTODY.— other Act relating to the same matter. tivity for which such license application, au- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS thorization, or amendment is being consid- retary shall have authority to assume title AND TRANSSHIPMENTS. ered. and custody of low-level radioactive waste ‘‘(a) ORAL ARGUMENT.—In any Commission ‘‘(3) APPLICATION.—The provisions of para- and the land on which such waste is disposed hearing under section 189 of the Atomic En- graph (2)(B) shall apply only with respect to of, upon request of the owner of such waste ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses, authorizations, or amendments to and land and following termination of the li- cation for a license, or for an amendment to licenses or authorizations, applied for under cense issued by the Commission for such dis- an existing license, filed after January 7, the Atomic Energy Act of 1954 (42 U.S.C. 2011 posal, if the Commission determines that— 1983, to expand the spent nuclear fuel storage et seq.) before December 31, 2005. ‘‘(A) the requirements of the Commission capacity at the site of a civilian nuclear ‘‘(4) CONSTRUCTION.—The provisions of this for site closure, decommissioning, and de- power reactor, through the use of high-den- section shall not apply to the first applica- contamination have been met by the licensee

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8053 involved and that such licensee is in compli- ‘‘(b) No later than 6 months following the among persons who meet the qualifications ance with the provisions of subsection (a); date of enactment of the Nuclear Waste Pol- described in subparagraph (C). ‘‘(B) such title and custody will be trans- icy Act of 1996, the Secretary is authorized ‘‘(B) VACANCIES.—The National Academy of ferred to the Secretary without cost to the to accept all spent nuclear fuel withdrawn Sciences shall nominate not less than 2 per- Federal Government; and from Dairyland Power Cooperative’s La sons to fill any vacancy on the Board from ‘‘(C) Federal ownership and management of Crosse Reactor and, upon acceptance, shall among persons who meet the qualifications such site is necessary or desirable in order to provide Dairyland Power Cooperative with described in subparagraph (C). protect the public health and safety, and the evidence of the title transfer. Immediately ‘‘(C) NOMINEES.— environment. upon the Secretary’s acceptance of such ‘‘(i) Each person nominated for appoint- ‘‘(2) PROTECTION.—If the Secretary assumes spent nuclear fuel, the Secretary shall as- ment to the Board shall be— title and custody of any such waste and land sume all responsibility and liability for the ‘‘(I) eminent in a field of science or engi- under this subsection, the Secretary shall interim storage and permanent disposal neering, including environmental sciences; maintain such waste and land in a manner thereof and is authorized to compensate and that will protect the public health and safe- Dairyland Power Cooperative for any costs ‘‘(II) selected solely on the basis of estab- ty, and the environment. related to operating and maintaining facili- lished records of distinguished service. ‘‘(c) SPECIAL SITES.—If the low-level radio- ties necessary for such storage from the date ‘‘(ii) The membership of the Board shall be active waste involved is the result of a li- of acceptance until the Secretary removes representatives of the broad range of sci- censed activity to recover zirconium, haf- the spent nuclear fuel from the La Crosse entific and engineering disciplines related to nium, and rare earths from source material, Reactor site. activities under this title. the Secretary, upon request of the owner of ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. ‘‘(iii) No person shall be nominated for ap- the site involved, shall assume title and cus- ‘‘(a) AUTHORIZATION.—The Secretary is au- pointment to the Board who is an employee tody of such waste and the land on which it thorized to establish a Decommissioning of— is disposed when such site has been decon- Pilot Program to decommission and decon- ‘‘(I) the Department of Energy; taminated and stabilized in accordance with taminate the sodium-cooled fast breeder ex- ‘‘(II) a national laboratory under contract the requirements established by the Com- perimental test-site reactor located in with the Department of Energy; or mission and when such owner has made ade- northwest Arkansas. ‘‘(III) an entity performing spent nuclear quate financial arrangements approved by ‘‘(b) FUNDING.—No funds from the Nuclear fuel or high-level radioactive waste activi- the Commission for the long-term mainte- Waste Fund may be used for the Decommis- ties under contract with the Department of nance and monitoring of such site. sioning Pilot Program. Energy. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION ‘‘(4) VACANCIES.—Any vacancy on the ‘‘SEC. 501. WATER RIGHTS. TRAINING AUTHORIZATION. Board shall be filled by the nomination and ‘‘(a) NO FEDERAL RESERVATION.—Nothing ‘‘The Commission is authorized and di- appointment process described in paragraphs in this Act or any other Act of Congress rected to promulgate regulations, or other (1) and (3). appropriate regulatory guidance, for the shall constitute or be construed to con- ‘‘(5) TERMS.—Members of the Board shall stitute either an express or implied Federal training and qualifications of civilian nu- be appointed for terms of 4 years, each such reservation of water or water rights for any clear power plant operators, supervisors, term to commence 120 days after December purpose arising under this Act. technicians, and other appropriate operating 22, 1987, except that of the 11 members first ‘‘(b) ACQUISITION AND EXERCISE OF WATER personnel. Such regulations or guidance appointed to the Board, 5 shall serve for 2 shall establish simulator training require- RIGHTS UNDER NEVADA LAW.—The United years and 6 shall serve for 4 years, to be des- ments for applicants for civilian nuclear States may acquire and exercise such water ignated by the President at the time of ap- power plant operator licenses and for oper- rights as it deems necessary to carry out its pointment, except that a member of the ator requalification programs; requirements responsibilities under this Act pursuant to Board whose term has expired may continue governing Commission administration of re- the substantive and procedural requirements to serve as a member of the Board until such qualification examinations; requirements for of the State of Nevada. Nothing in this Act member’s successor has taken office. operating tests at civilian nuclear power shall be construed to authorize the use of plant simulators, and instructional require- eminent domain by the United States to ac- ‘‘SEC. 603. FUNCTIONS. ments for civilian nuclear power plant li- quire water rights for such lands. ‘‘The Board shall limit its evaluations to the technical and scientific validity solely of censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- the following activities undertaken directly ‘‘SEC. 507. EMPLACEMENT SCHEDULE. ERALLY UNDER NEVADA LAWS.—Nothing in ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- by the Secretary after December 22, 1987— implemented in accordance with the fol- cise of water rights as provided under Ne- ‘‘(1) site characterization activities; and lowing: vada State laws. ‘‘(2) activities of the Secretary relating to ‘‘(1) Emplacement priority ranking shall the packaging or transportation of spent nu- ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL clear fuel or high-level radioactive waste. be determined by the Department’s annual REVIEW BOARD ‘Acceptance Priority Ranking’ report. ‘‘SEC. 604. INVESTIGATORY POWERS. ‘‘(2) The Secretary’s spent fuel emplace- ‘‘SEC. 601. DEFINITIONS. ‘‘(a) HEARINGS.—Upon request of the Chair- ment rate shall be no less than the following: ‘‘For purposes of this title— man or a majority of the members of the 1,200 MTU in fiscal year 2000 and 1,200 MTU ‘‘(1) CHAIRMAN.—The term ‘Chairman’ Board, the Board may hold such hearings, sit in fiscal year 2001; 2,000 MTU in fiscal year means the Chairman of the Nuclear Waste and act at such times and places, take such 2002 and 2,000 MTU in fiscal year 2003; 2,700 Technical Review Board. testimony, and receive such evidence, as the MTU in fiscal year 2004; and 3,000 MTU annu- ‘‘(2) Board.—The term ‘Board’ means the Board considers appropriate. Any member of ally thereafter. Nuclear Waste Technical Review Board con- the Board may administer oaths or affirma- ‘‘(b) If the Secretary is unable to begin em- tinued under section 602. tions to witnesses appearing before the placement by November 30, 1999 at the rates ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW Board. The Secretary or the Secretary’s des- specified in subsection (a), or if the cumu- BOARD. ignee or designees shall not be required to lative amount emplaced in any year there- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE appear before the Board or any element of after is less than that which would have been TECHNICAL REVIEW BOARD.—The Nuclear the Board for more than twelve working accepted under the emplacement rate speci- Waste Technical Review Board, established days per calendar year. fied in paragraph (a), the Secretary shall, as under section 502(a) of the Nuclear Waste ‘‘(b) PRODUCTION OF DOCUMENTS.— a mitigation measure, adjust the emplace- Policy Act of 1982 as constituted prior to the ‘‘(1) RESPONSE TO INQUIRES.—Upon the re- ment schedule upward such that within 5 date of enactment of the Nuclear Waste Pol- quest of the Chairman or a majority of the years of the start of emplacement by the icy Act of 1996, shall continue in effect subse- members of the Board, and subject to exist- Secretary, quent to the date of enactment of the Nu- ing law, the Secretary (or any contractor of ‘‘(1) the total quantity accepted by the clear Waste Policy Act of 1996. the Secretary) shall provide the Board with Secretary is consistent with the total quan- ‘‘(b) MEMBERS.— such record, files, papers, data, or informa- tity that the Secretary would have accepted ‘‘(1) NUMBER.—The Board shall consist of 11 tion that is generally available to the public if the Secretary had began emplacement in members who shall be appointed by the as may be necessary to respond to any in- fiscal year 2000, and President not later than 90 days after De- quiry of the Board under this title. ‘‘(2) thereafter the emplacement rate is cember 22, 1987, from among persons nomi- ‘‘(2) EXTENT.—Subject to existing law, in- equivalent to the rate that would be in place nated by the National Academy of Sciences formation obtainable under paragraph (1) pursuant to paragraph (a) above if the Sec- in accordance with paragraph (3). shall be limited to final work products of the retary had commenced emplacement in fis- ‘‘(2) CHAIR.—The President shall designate secretary, but may include drafts of such cal year 2000. a member of the Board to serve as Chairman. products and documentation of work in ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— progress. ‘‘(a) Acceptance by the Secretary of any ‘‘(A) NOMINATIONS.—The National Academy ‘‘SEC. 605. COMPENSATION OF MEMBERS. spent nuclear fuel or high-level radioactive of Sciences shall, not later than 90 days after ‘‘(a) IN GENERAL.—Each member of the waste shall constitute a transfer of title to December 22, 1987, nominate not less than 22 Board shall be paid at the rate of pay pay- the Secretary. persons for appointment to the Board from able for level III of the Executive Schedule

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8054 CONGRESSIONAL RECORD — SENATE July 17, 1996 for each day (including travel time) such ‘‘SEC. 610. TERMINATION OF THE BOARD. conduct, or have conducted, audits and ex- member is engaged in the work of the Board. ‘‘The Board shall cease to exist not later aminations of their operations in accordance ‘‘(b) TRAVEL EXPENSES.—Each member of than one year after the date on which the with the usual and customary practices of the Board may receive travel expenses, in- Secretary begins disposal of spent nuclear private corporations engaged in large nu- cluding per diem in lieu of subsidence, in the fuel or high-level radioactive waste in the re- clear construction projects consistent with same manner as is permitted under sections pository. its role in the program. 5702 and 5703 of title 5, United States Code. ‘‘TITLE VII—MANAGEMENT REFORM ‘‘(2) TIME.—The management practices and ‘‘SEC. 606. STAFF. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. performances of the Office of Civilian Radio- ‘‘(a) CLERICAL STAFF.— active Waste Management shall be audited ‘‘(a) IN GENERAL.—The Secretary is di- ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to rected to take actions as necessary to im- every 5 years by an independent manage- paragraph (2), the Chairman may appoint prove the management of the civilian radio- ment consulting firm with significant expe- and fix the compensation of such clerical active waste management program to ensure rience in similar audits of private corpora- staff as may be necessary to discharge the that the program is operated, to the max- tion engaged in large nuclear construction responsibilities of the Board. imum extent practicable, in like manner as projects. The first such audit shall be con- ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff a private business. Notwithstanding any ducted 5 years after the enactment of the shall be appointed subject to the provisions other provision of law, the civilian radio- Nuclear Waste Policy Act of 1995. of title 5, United States Code, governing ap- active waste management program is not ‘‘(3) COMPTROLLER GENERAL.—The Comp- pointments in the competitive service, and subject to laws or regulations concerning the troller General of the United States shall an- shall be paid in accordance with the provi- civil service as described in this title. nually make an audit of the Office, in ac- sions of chapter 51 and subchapter III of ‘‘(b) OFFICE OF CIVILIAN RADIOACTIVE cordance with such regulations as the Comp- chapter 3 of such title relating to classifica- WASTE MANAGEMENT EMPLOYEES.— troller General may prescribe. The Comp- tion and General Schedule pay rates. ‘‘(1) COMPENSATION.—The Secretary shall, troller General shall have access to such ‘‘(b) PROFESSIONAL STAFF.— without regard to section 5301 of title 5, books, records, accounts, and other mate- ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to United States Code, fix the compensation of rials of the Office as the Comptroller General paragraphs (2) and (3), the Chairman may ap- the Director and the Deputy Director of Of- determines to be necessary for the prepara- point and fix the compensation of such pro- fice of Civilian Radioactive Waste Manage- tion of such audit. The Comptroller General fessional staff as may be necessary to dis- ment. The Director shall, without regard to shall submit to the Congress a report on the charge the responsibilities of the Board. section 5301 of title 5, United States Code, fix results of each audit conducted under this ‘‘(2) NUMBER.—Not more than 10 profes- the compensation for all other Federal em- section. sional staff members may be appointed ployees assigned to the Office of Civilian Ra- ‘‘(4) TIME.—No audit contemplated by this under this subsection. dioactive Waste Management, define their subsection shall take longer than 30 days to ‘‘(3) TITLE 5.—Professional staff members duties, and provide for a system of organiza- conduct. An audit report shall be issued in may be appointed without regard to the pro- tion to fix responsibility and promote effi- final form no longer than 60 days after the visions of title 5, United States Code, gov- ciency. The Deputy Director may be removed audit is commenced. erning appointments in the competitive at the Director’s discretion without regard ‘‘(5) PUBLIC DOCUMENTS.—All audit reports service, and may be paid without regard to to any laws, rules, or regulations concerning shall be public documents and available to the provisions of chapter 51 and subchapter personnel actions in the Civil Service Sys- any individual upon request. III of chapter 53 of such title relating to clas- tem or Senior Executive Service. Any other ‘‘(d) VALUE ENGINEERING.—The Secretary sification and General Schedule pay rates, Federal employee assigned to the Office of shall create a value engineering function except that no individual so appointed may Civilian Radioactive Waste Management within the Office of Civilian Radioactive receive pay in excess of the annual rate of may be removed at the discretion of the Sec- Waste Management that reports directly to basic pay payable for GS–18 of the General retary or Director without regard to any the Director, which shall carry out value en- Schedule. laws, rules, or regulations concerning per- gineering functions in accordance with the ‘‘SEC. 607. SUPPORT SERVICES. sonnel actions in the Civil Service System or usual and customary practices of private ‘‘(a) GENERAL SERVICES.—To the extent Senior Executive Service. The Secretary corporations engaged in large nuclear con- permitted by law and requested by the Chair- shall ensure that Federal employees assigned struction projects. man, the Administrator of General Services to the Office of Civilian Radioactive Waste shall provide the Board with necessary ad- ‘‘(g) SITE CHARACTERIZATION.—The Sec- Management are appointed, promoted, and ministrative services, facilities, and support retary shall employ, on an on-going basis, in- assigned on the basis of merit and fitness. on a reimbursable basis. tegrated performance modeling to identify ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- Other personnel actions shall be consistent appropriate parameters for the remaining NOLOGY ASSESSMENT SERVICES.—The Comp- with the principles of fairness and due proc- site characterization effort and to eliminate troller General, the Librarian of Congress, ess specified in title 5 of the United States studies of parameters that are shown not to and the Director of the Office of Technology Code, but without regard to those provisions affect long-term repository performance. of said title governing appointments and Assessment shall, to the extent permitted by ‘‘SEC. 702. REPORTING. law and subject to the availability of funds, other personnel actions in the competitive ‘‘(a) INITIAL REPORT.—Within 180 days of provide the Board with such facilities, sup- service. enactment of this section, the Secretary port, funds and services, including staff, as ‘‘(2) APPLICATION.—The provisions of para- shall report to Congress on its planned ac- may be necessary for the effective perform- graph (1) shall not apply to Federal employ- tions for implementing the provisions of this ance of the functions of the Board. ees who may be, from time to time, tempo- Act, including the development of the Inte- ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- rarily assigned to the Office of Civilian Ra- quest of the Chairman, the Board may secure dioactive Waste Management. The use of grated Management System. Such report directly from the head of any department or temporary assignment of Federal employees shall include— agency of the United States information nec- to the Office of Civilian Radioactive Waste ‘‘(1) an analysis of the Secretary’s progress essary to enable it to carry out this title. Management shall not be used in any man- in meeting its statutory and contractual ob- ‘‘(d) MAILS.—The Board may use the ner to circumvent the full application of the ligation to accept title to, possession of, and United States mails in the same manner and provisions in paragraph (1). delivery of spent nuclear fuel and high-level under the same conditions as other depart- ‘‘(3) TRANSITION.—The Secretary shall radioactive waste beginning no later than ments and agencies of the United States. transition the Federal employees assigned to November 30, 1999, and in accordance with ‘‘(e) EXPERTS AND CONSULTANTS.—Subject the Office of Civilian Radioactive Waste the emplacement schedule; to such rules as may be prescribed by the Management to the provisions of this section ‘‘(2) a detailed schedule and timeline show- Board, the Chairman may procure temporary in an orderly manner allowing for the devel- ing each action that the Secretary intends to and intermittent services under section opment of the needed procedures. Under no take to meet the Secretary’s obligation 3109(b) of title 5 of the United States Code, circumstances shall this transition take under this Act and the contracts; but at rates for individuals not to exceed the longer than 6 months from the date of enact- ‘‘(3) a detailed description of the Sec- daily equivalent of the maximum annual ment of this Section. retary’s contingency plans in the event that rate of basic pay payable for GS–18 of the ‘‘(4) RETENTION OF BENEFITS.—Federal em- the Secretary is unable to meet the planned General Schedule. ployees assigned to the Office of Civilian Ra- schedule and timeline; and ‘‘SEC. 608. REPORT. dioactive Waste Management and ‘‘(4) an analysis by the Secretary of its ‘‘The Board shall report not less than two transitioned to the provisions of this section funding needs for fiscal years 1997 through times per year to Congress and the Secretary shall retain employment benefits in effect 2001. its findings, conclusions, and recommenda- immediately prior to the transition date. ‘‘(b) ANNUAL REPORTS.—On each anniver- tions. Transitioned employees will continue in the sary of the submittal of the report required ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. Civil Service System’s retirement system. by subsection (a), the Secretary shall make ‘‘There are authorized to be appropriated ‘‘(c) AUDITS.— annual reports to the Congress for the pur- for expenditures such sums as may be nec- ‘‘(1) STANDARD.—The Office of Civilian Ra- pose of updating the information contained essary to carry out the provisions of this dioactive Waste Management, its contrac- in such report. The annul reports shall be title. tors, and subcontractors at all tiers, shall brief and shall notify the Congress of:

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8055 ‘‘(1) any modifications to the Secretary’s ‘‘(c) Nothing in subsection (b) shall be con- (5) making recycled prosthetic devices schedule and timeline for meeting its obliga- sidered to prevent any period of service from available to economically disadvantaged am- tions under this Act; being taken into account for purposes of de- putees would enable those amputees to live ‘‘(2) the reasons for such modifications, termining whether any age and service re- more comfortably and function fully; and the status of the implementation of any quirements for entitlement to an annuity (6) nonprofit organizations would be of the Secretary’s contingency plans; and have been met. uniquely suited to provided recycled pros- ‘‘(3) the Secretary’s analysis of its funding ‘‘(d) For purposes of this section, the term thetic devices to amputees, if they could be needs for the ensuing 5 fiscal years.’’. ‘Member of the House of Representatives’ in- enabled to do so in a cost-efficient manner; cludes a Delegate to the House of Represent- (7) in order to enable nonprofit organiza- LEVIN AMENDMENTS NOS. 4846–4847 atives and the Resident Commissioner from tions to provide recycled prosthetic devices Puerto Rico.’’. to amputees in a cost-efficient manner, im- (Ordered to lie on the table.) (2) TECHNICAL AND CONFORMING AMEND- mediate action is needed to— Mr. LEVIN submitted two amend- MENT.—The table of sections for chapter 84 of (A) limit the liability of nonprofit organi- ments intended to be proposed by him title 5, United States Code, is amended by in- zations in serving as providers of recycled to the bill, S. 1936, supra; as follows: serting after the item relating to section 8410 prosthetic devices; and the following: (B) minimize the cost of litigation against AMENDMENT NO. 4846 ‘‘8410a. Limitation relating to Members.’’. those providers by establishing expeditious On page 19, at the end of line 19, add the (b) CIVIL SERVICE RETIREMENT SYSTEM.— procedures to dispose of unwarranted ac- following: ‘‘This subsection shall not apply (1) LIMITATION.—Chapter 83 of title 5, tions. to bar any action seeking declaratory or eq- United States Code, is amended by inserting SEC. . DEFINITIONS. uitable relief or any other remedy or for a after section 8333 the following: For purposes of this Act, the following determination of financial liability limited definitions shall apply: to the total amount of the existing balance ‘‘§ 8333a. Limitation relating to Members (1) CLAIMANT.— of the Nuclear Waste Fund on the date of en- ‘‘(a)(1) This section shall apply with re- (A) IN GENERAL.—The term ‘‘claimant’’ actment of the Nuclear Waste Policy Act of spect to any Member serving as— means any person who brings a civil action, 1996, in addition to prospective fee collec- ‘‘(A) a Member of the House of Representa- or on whose behalf such action is brought, tions and interest, that remain unexpended tives after completing 12 years of service as arising from harm allegedly caused directly for storage and disposal activities under the a Member of the House of Representatives; or indirectly by a recycled prosthetic device. Nuclear Waste Policy Act of 1982 and this or (B) ACTION BROUGHT ON BEHALF OF AN ES- Act, in the case of a material failure by the ‘‘(B) a Senator after completing 12 years of TATE.—With respect to an action arising Secretary in meeting the deadlines estab- service as a Senator. from harm caused directly or indirectly by a lished by this Act.’’. ‘‘(2) For purposes of subsection (a), only service performed after the 104th Congress recycled prosthetic device brought on behalf shall be taken into account. of or through the estate of an individual, AMENDMENT NO. 4847 ‘‘(b)(1) A Member to whom this section ap- such term includes the decedent that is the On page 13, strike lines 14 through 19. plies remains subject to this subchapter, ex- subject of the action. cept as follows: (2) HARM.—With respect to harm caused by INHOFE AMENDMENTS NOS. 4848– ‘‘(A) Deductions under the first sentence of a recycled prosthetic device, the term 4849 section 8334(a) shall not be made from any ‘‘harm’’ includes any physical injury, illness, pay for service performed as such a Member. disease, or death or damage to property (Ordered to lie on the table.) ‘‘(B) Government contributions under the caused by that prosthetic device. Mr. INHOFE submitted two amend- second sentence of section 8334(a) shall not (3) NONPROFIT PROVIDER.—The term ‘‘non- ments intended to be proposed by him be made with respect to any such Member. profit provider’’ means an organization that to the bill, S. 1936, supra; as follows: ‘‘(C) Service performed as such a Member is— shall not be taken into account for purposes (A) described in section 501(c) of the Inter- AMENDMENT NO. 4848 of any computation under section 8339, ex- nal Revenue Code of 1986 that is exempt from At the appropriate place in the bill insert cept in the case of a disability annuity. taxation under section 501(a) of such Code; the following new section: ‘‘(2) Nothing in this subsection shall be and SEC. . LIMITATION ON PARTICIPATION BY MEM- considered to prevent any period of service (B) established for the purpose of providing BERS OF CONGRESS IN FEDERAL RE- from being taken into account for purposes prosthetic devices to economically disadvan- TIREMENT SYSTEMS. of determining whether any age and service taged individuals. (a) FEDERAL EMPLOYEES’ RETIREMENT SYS- requirements for entitlement to an annuity (4) PRACTITIONER.—The term ‘‘practi- TEM.— have been met. tioner’’ means a health care professional as- (1) LIMITATION.—Chapter 84 of title 5, ‘‘(c) Nothing in subsection (b) or (c) of sec- sociated with, employed by, under contract United States Code, is amended by inserting tion 8333 shall apply with respect to a Mem- with, or representing a nonprofit provider after section 8410 the following: ber who, at the time of separation, is a Mem- who— ‘‘§ 8410a. Limitation relating to Members ber to whom this section applies. (A) is required to be licensed, registered or ‘‘(a)(1) This section shall apply with re- ‘‘(d) For purposes of this section, the term certified under an applicable Federal or spect to any Member serving as— ‘Member of the House of Representatives’ in- State law (including any applicable regula- ‘‘(A) a Member of the House of Representa- cludes a delegate to the House of Representa- tion) to provide health care services; or tives after completing 12 years of service as tives and the Resident Commissioner from (B) is certified to provide health care pur- a Member of the House of Representatives; Puerto Rico.’’. suant to a program of education, training, ECHNICAL AND CONFORMING AMEND- or (2) T and examination by an accredited institu- MENT.—The table of sections for chapter 83 of ‘‘(B) a Senator after completing 12 years of tion, professional board, or professional or- title 5, United States Code, is amended by in- service as a Senator. ganization. serting after the item relating to section 8333 ‘‘(2) For purposes of this subsection— (5) PROSTHETIC DEVICE.—The term ‘‘pros- the following: ‘‘(A) only service performed after the 104th thetic device’’ means a mechanical or other Congress shall be taken into account; and ‘‘8333a. Limitation relating to Members of apparatus used as an artificial limb for am- ‘‘(B) service performed while subject to the House of Representatives.’’. putees. subchapter III of chapter 83 (if any) shall be AMENDMENT NO. 4849 (6) RECYCLED PROSTHETIC DEVICE.—The treated in the same way as if it had been per- At the appropriate plea, insert: term ‘‘recycled prosthetic device’’ means a previously used prosthetic device that— formed while subject to this chapter. SEC. . FINDINGS. (A) has been reconditioned for use by a dif- ‘‘(b) A Member to whom this section ap- The Congress finds that— plies remains subject to this chapter, except (1) over 10,000,000 people in the world are ferent amputee; as follows: amputees, and each year more than 250,000 (B) other than as provided under subpara- ‘‘(1)(A) Deductions under section 8422 shall people become amputees; graph (C), has not been materially altered; not be made from any pay for service per- (2) thousands of citizens of the United and formed as such a Member. States depend on the availability of pros- (C) if altered, has been altered only with ‘‘(B) Government contributions under sec- thetic devices in order to function fully in respect to the socket, frame, or any addi- tion 8423 shall not be made with respect to contemporary society; tional materials used to attach the pros- any such Member. (3) a sizable number of amputees are un- thetic device to the amputee. ‘‘(C) Service performed as such a Member able to afford adequate prosthetic care; SEC. . APPLICABILITY; PREEMPTION. shall not be taken into account for purposes (4) used prosthetic devices could be recy- (a) APPLICABILITY.—Notwithstanding any of any computation under section 8415. cled for reuse by amputees in the United other provision of law, this Act applies to ‘‘(2) Government contributions under sec- States, but, because of the potential liability any civil action brought by a claimant in a tion 8432(c) shall not be made with respect to of providers of those prosthetic devices, the Federal or State court against a nonprofit any period of service performed as such a prosthetic devices are shipped to Third provider or practitioner for harm allegedly Member. World countries; caused by a recycled prosthetic device.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8056 CONGRESSIONAL RECORD — SENATE July 17, 1996 (b) PREEMPTION.— THE DEPARTMENT OF DEFENSE tions) that no position in an agency or office (1) IN GENERAL.—This Act supersedes any APPROPRIATIONS ACT, 1997 of the Federal Government having national State law (including any rule of procedure) security responsibilities is available, work in applicable to the recovery of damages in an the field of higher education in a discipline action brought against a nonprofit provider SIMON ANENDMENT NO. 4852 relating to the foreign country, foreign lan- guage, area study, or international field of or practitioner for harm caused by a recycled Mr. SIMON proposed an amendment prosthetic device. study for which the scholarship was awarded, to the bill, S. 1894, supra; as follows: (2) OTHER ISSUES.—Any issue that is not for a period specified by the Secretary, which On page 88, between lines 7 and 8, insert covered by this Act shall be governed by ap- period shall be determined in accordance the following: plicable Federal or State law. with clause (i); or SEC. 8099. (a) REPEAL OF TEMPORARY RE- ‘‘(B) upon completion of such recipient’s SEC. . LIMITATION OF LIABILITY OF NONPROFIT QUIREMENT RELATING TO EMPLOYMENT.—Title education under the program, and in accord- PROVIDERS AND PRACTITIONERS. VII of the Department of Defense Appropria- ance with such regulations— (a) IN GENERAL.—Except as provided in tions Act, 1996 (Public Law 104–61; 109 Stat. ‘‘(i) work in an agency or office of the Fed- paragraph (2), a nonprofit provider shall not 650), is amended under the heading ‘‘NA- eral Government having national security be liable for harm to a claimant caused by a TIONAL SECURITY EDUCATION TRUST FUND’’ by responsibilities (as so determined) and make recycled prosthetic device. striking out the proviso. available such recipient’s foreign language (b) GENERAL PROGRAM REQUIREMENTS.— (b) EXCEPTION.—A court shall find a non- skills to an agency or office of the Federal Subsection (a)(1) of section 802 of the David profit provider or practitioner liable for Government approved by the Secretary (in L. Boren National Security Education Act of harm caused by a recycled prosthetic device 1991 (title VIII of Public Law 102–183; 50 consultation with the Board), upon the re- only if the claimant establishes that, the U.S.C. 1902) is amended— quest of the agency or office, for a period nonprofit provider or practitioner engaged in (1) by striking out subparagraph (A) and specified by the Secretary, which period an intentional wrongdoing (as determined inserting in lieu thereof the following new shall be not less than one and not more than under applicable State law) that was the subparagraph (A): three times the period for which the fellow- proximate cause of such harm. ‘‘(A) awarding scholarships to under- ship assistance was provided; or SEC. . PROCEDURES FOR DISMISSAL OF CIVIL graduate students who— ‘‘(ii) if the recipient demonstrates to the ACTIONS AGAINST NONPROFIT PRO- ‘‘(i) are United States citizens in order to Secretary (in accordance with such regula- VIDERS. enable such students to study, for at least tions) that no position in an agency or office In any action that is subject to this Act, a one academic semester or equivalent term, of the Federal Government having national nonprofit provider or practitioner who is a in foreign countries that are critical coun- security responsibilities is available upon defendant in such action, may, at any time tries (as determined under section the completion of the degree, work in the during which a motion to dismiss may be 803(d)(4)(A) of this title) in those languages field of higher education in a discipline re- filed under applicable Federal or State law, and study areas where deficiencies exist (as lating to the foreign country, foreign lan- move to dismiss the action. identified in the assessments undertaken guage, area study, or international field of pursuant to section 806(d) of this title); and study for which the fellowship was awarded, ‘‘(ii) pursuant to subsection (b)(2)(A) of for a period specified by the Secretary, which this section, enter into an agreement to period shall be established in accordance PRESSLER AMENDMENTS NOS. with clause (i); and’’. 4850–4851 work for, and make their language skills available to, an agency or office of the Fed- (d) EVALUATION OF PROGRESS IN LANGUAGE (Ordered to lie on the table.) eral Government or work in the field of high- SKILLS.—Such section 802 is further amended er education in the area of study for which by— Mr. PRESSLER submitted two the scholarship was awarded;’’; and (1) redesignating subsections (c), (d), and amendments intended to be proposed (2) in subparagraph (B)— (e) as subsections (d), (e), and (f), respec- by him to the bill, S. 1936, supra; as fol- (A) in clause (i), by inserting ‘‘relating to tively; and lows: the national security interests of the United (2) by inserting after subsection (b) the fol- States’’ after ‘‘international fields’’; and lowing new subsection (c): AMENDMENT NO. 4850 (B) in clause (ii)— ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE Beginning on page 24, strike line 8 and all (i) by striking out ‘‘subsection (b)(2)’’ and SKILLS.—The Secretary shall, through the that follows through page 25. inserting in lieu thereof ‘‘subsection National Security Education Program office, (b)(2)(B)’’; and administer a test of the foreign language skills of each recipient of a scholarship or AMENDMENT NO. 4851 (ii) by striking out ‘‘work for an agency or office of the Federal Government or in’’ and fellowship under this title before the com- Beginning on page 24, strike line 8 and all inserting in lieu thereof ‘‘work for, and make mencement of the study or education for that follows through page 25, line 11, and in- their language skills available to, an agency which the scholarship or fellowship is award- sert the following: or office of the Federal Government or work ed and after the completion of such study or ‘‘(f) EMPLOYEE PROTECTION.—Any person in’’. education. The purpose of the tests is to engaged in the interstate commerce of spent (c) SERVICE AGREEMENT.—Subsection (b) of evaluate the progress made by recipients of nuclear fuel or high-level radioactive waste that section is amended— scholarships and fellowships in developing under contract to the Secretary pursuant to (1) in the matter preceding paragraph (1), foreign language skills as a result of assist- this Act shall be subject to and comply fully by striking out ‘‘, or of scholarships’’ and all ance under this title.’’. with the employee protection provisions of that follows through ‘‘12 months or more,’’ (e) FUNCTIONS OF THE NATIONAL SECURITY sections 20109 and 31105 of title 49 United and inserting in lieu thereof ‘‘or any scholar- EDUCATION BOARD.—Section 803(d) of that States Code. Qualified persons shall perform ship’’. Act (50 U.S.C. 1903(d)) is amended— the inspection and testing of trains under (2) by striking out paragraph (2) and in- (1) in paragraph (1), by inserting ‘‘, includ- the provisions of sections 215 and 232, Code of serting in lieu thereof the following new ing an order of priority in such awards that Federal Regulations, and shall be trained paragraph (2): favors individuals expressing an interest in pursuant to the standard required by section ‘‘(2) will— national security issues or pursuing a career 203(g). ‘‘(A) not later than eight years after such in an agency or office of the Federal Govern- ‘‘(g) TRAINING STANDARD.—No later than 12 recipient’s completion of the study for which ment having national security responsibil- months after the date of enactment of the scholarship assistance was provided under ities’’ before the period; Nuclear Waste Policy Act of 1996, the Sec- the program, and in accordance with regula- (2) in paragraph (4)— retary of Transportation, pursuant to au- tions issued by the Secretary— (A) in the matter preceding subparagraph thority under other provisions of law, in con- ‘‘(i) work in an agency or office of the Fed- (A), by striking out ‘‘Make recommenda- sultation with the Secretary of Labor and eral Government having national security tions’’ and inserting in lieu thereof ‘‘After the Commission, shall promulgate a regula- responsibilities (as determined by the Sec- taking into account the annual analyses of tion establishing training standards applica- retary in consultation with the National Se- trends in language, international, and area ble to workers directly involved in the re- curity Education Board) and make available studies under section 806(b)(1), make rec- moval and transportation of spent nuclear such recipient’s foreign language skills to an ommendations’’; fuel and high-level radioactive waste. The agency or office of the Federal Government (B) in subparagraph (A), by inserting ‘‘and regulation shall specify minimum training approved by the Secretary (in consultation countries which are of importance to the na- standards applicable to workers, including with the Board), upon the request of the tional security interests of the United managerial personnel. The regulation shall agency or office, for a period specified by the States’’ after ‘‘are studying’’; and require evidence of satisfaction of the appli- Secretary, which period shall be no longer (C) in subparagraph (B), by inserting ‘‘re- cable training standard before any individual than the period for which scholarship assist- lating to the national security interests of may be employed in the removal or transpor- ance was provided; or the United States’’ after ‘‘of this title’’; tation of spent nuclear fuel and high-level ‘‘(ii) if the recipient demonstrates to the (3) by redesignating paragraph (5) as para- radioactive waste. Secretary (in accordance with such regula- graph (7); and

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(4) by inserting after paragraph (4) the fol- require that evidence of satisfaction of the AMENDMENT NO. 4868 lowing new paragraphs: applicable training standard, through certifi- On page 34, line 1, after ‘‘1996,’’ insert ‘‘as ‘‘(5) Encourage applications for fellowships cation or other means, be provided to an em- set forth in the Secretary’s annual capacity under this title from graduate students hav- ployer before any individual may be em- report dated March, 1995 (DOE/RW–0457),’’. ing an educational background in disciplines ployed in the removal and transportation of relating to science or technology. spent nuclear fuel and high-level radioactive AMENDMENT NO. 4869 ‘‘(6) Provide the Secretary on an on-going waste. basis with a list of scholarship recipients and ‘‘(2) If the Secretary of Transportation de- On page 55, line after ‘‘system’’ insert fellowship recipients who are available to termines, in promulgating the regulation re- ‘‘on’’. work for, or make their language skills quired by subparagraph (1), that regulations available to, an agency or office of the Fed- promulgated by the Commission establish AMENDMENT NO. 4780 eral Government having national security adequate training standards for workers, On page 57, beginning on line 24, strike responsibilities.’’. then the Secretary of Transportation can re- ‘‘representatives’’ and insert ‘‘representa- (f) REPORT ON PROGRAM.—(1) Not later than frain from promulgating additional regula- tives’’. six months after the date of the enactment tions with respect to worker training in such activities. The Secretary of Transportation of this Act, the Secretary of Defense shall AMENDMENT NO. 4871 submit to Congress a report assessing the and the Commission shall work through On page 58, line 5 strike ‘‘denied’’ and in- improvements to the program established their Memorandum of Understanding to en- sert ‘‘implied’’. under the David L. Boren National Security sure coordination of worker training stand- Education Act of 1991 (title VIII of Public ards and to avoid duplicative regulation.’’. Law 102–183; 50 U.S.C. 1901 et seq.) that result AMENDMENT NO. 4872 AMENDMENT NO. 4860 from the amendments made by this section. On page 60, line 22, strike ‘‘special convey- (2) The report shall also include an assess- On page 38, line 12, strike ‘‘(d)(3)(A)’’ and ances referred to in paragraph (2)’’ and insert ment of the contribution of the program, as insert ‘‘(e)(3)(A)’’. ‘‘of special conveyances referred to in sub- so improved, in meeting the national secu- section (b)’’. AMENDMENT NO. 4861 rity objectives of the United States. On page 39, line 20, strike ‘‘. No’’ and insert AMENDMENT NO. 4873 f ‘‘, no’’. THE NUCLEAR WASTE POLICY ACT On page 72, beginning on line 1, strike ‘‘costs of the management’’ and all that fol- OF 1982 AMENDMENT ACT OF 1996 AMENDMENT NO. 4862 Beginning on page 24, line 20, strike ‘‘(g) lows through line 16, and insert the fol- TRAINING STANDARD.—’’ and all that follows lowing— MURKOWSKI AMENDMENTS NOS. through line 23 on page 25, and insert— ‘‘costs of the management of spent nuclear ‘‘(g) TRAINING STANDARD.—(1) No later than 4853–4882 fuel and high-level radioactive waste from 12 months after the date of enactment of the atomic energy defense activities and spent (Ordered to lie on the table.) Nuclear Waste Policy Act of 1996, the Sec- nuclear fuel from foreign research reactors Mr. MURKOWSKI submitted 30 retary of Transportation, pursuant to au- as established under subsection (a). amendments intended to be proposed thority under other provisions of law, in con- ‘‘(c) REPORT.—In conjunction with the an- sultation with the Secretary of Labor and nual report submitted to Congress under sec- by him to the bill, S. 1936, supra; as fol- the Commission, shall promulgate a regula- lows: tion 702, the Secretary shall advise the Con- tion establishing training standards applica- gress annually of the amount of spent nu- AMENDMENT NO. 4853 ble to workers directly involved in the re- clear fuel and high-level radioactive waste On page 2, strike ‘‘TITLE II—INTE- moval and transportation of spent nuclear from atomic energy defense activities and GRATED SPENT NUCLEAR FUEL MAN- fuel and high-level radioactive waste. The spent nuclear fuel from foreign research re- AGEMENT SYSTEM’’ and insert ‘‘TITLE regulation shall specify minimum training actors requiring management in the inte- II—INTEGRATED MANAGEMENT SYS- standards applicable to workers, including grated management system. TEM’’ managerial personnel. The regulation shall ‘‘(d) AUTHORIZATION.—There is authorized require that evidence of satisfaction of the to be appropriated to the Secretary, from AMENDMENT NO. 4854 applicable training standard, through certifi- general revenues, for carrying out the pur- cation or other means, be provided to an em- On page 18, line 17, strike ‘‘plan’’ and insert poses of this Act, such sums as may be nec- ployer before any individual may be em- ‘‘agreement’’. essary to pay the costs of the management of ployed in the removal and transportation of spent nuclear fuel and high-level radioactive spent nuclear fuel and high-level radioactive AMENDMENT NO. 4855 waste from atomic energy defense activities waste. and spent nuclear fuel from foreign research On page 20, line 3, strike ‘‘date’’ and insert ‘‘(2) If the Secretary of Transportation de- reactors as established under subsection ‘‘dated’’. termines, in promulgating the regulation re- (a).’’. quired by subparagraph (1), that regulations AMENDMENT NO. 4856 promulgated by the Commission establish AMENDMENT NO. 4874 On page 20, beginning on line 16, after ‘‘de- adequate training standards for workers, scriptions’’ insert ‘‘of’’. then the Secretary of Transportation can re- On page 73, beginning on line 2, strike frain from promulgating additional regula- ‘‘from the Nuclear Waste Fund’’ and insert AMENDMENT NO. 4857 tions with respect to worker training in such ‘‘for the integrated management system’’. On page 22, line 5, strike ‘‘nuclear waste;’’ activities. The Secretary of Transportation and insert ‘‘high level radioactive waste,’’. and the Commission shall work through AMENDMENT NO. 4875 their Memorandum of Understanding to en- On page 73, beginning on line 9, strike ‘‘205 sure coordination of worker training stand- AMENDMENT NO. 4858 and’’ and all that follows through ‘‘priority.’’ ards and to avoid duplicative regulation.’’ On page 22, line 22, after ‘‘waste for’’ insert on line 13, and insert— ‘‘training for’’. AMENDMENT NO. 4863 ‘‘204 and any associated storage and/or trans- At page 27, line 8, strike ‘‘by January 31, port systems to be used in the integrated AMENDMENT NO. 4859 1999’’ and insert ‘‘in accordance with sub- management system shall be accorded the Beginning on page 24, line 20, strike ‘‘(g) section (b)’’. highest priority, and ‘‘(2) the licensing of the repository under TRAINING STANDARD.—’’ and all that follows through line 23 on page 25, and insert— AMENDMENT NO. 4864 section 205 shall be accorded the next highest priority.’’. ‘‘(g) TRAINING STANDARD.—(1) No later than On page 27, line 11, strike ‘‘accepting’’ and 12 months after the date of enactment of the insert ‘‘storing’’. Nuclear Waste Policy Act of 1996, the Sec- AMENDMENT NO. 4876 retary of Transportation, pursuant to au- AMENDMENT NO. 4865 On page 84, beginning on line 21, strike ‘‘(b) thority under other provisions of law, in con- On page 28, line 1, strike ‘‘size,’’ and insert If the Secretary’’ and all that follows sultation with the Secretary of Labor and ‘‘size’’. through ‘‘paragraph (a),’’ on line 25 and in- the Commission, shall promulgate a regula- sert— tion establishing training standards applica- AMENDMENT NO. 4866 ‘‘(b) If the Secretary is unable to begin em- ble to workers directly involved in the re- On page 29, line 21, strike ‘‘accepting’’ and placement by November 30, 1999 at the rates moval and transportation of spent nuclear insert ‘‘storing’’. specified in subsection (a), or if the cumu- fuel and high-level radioactive waste. The lative amount emplaced in any year there- regulation shall specify minimum training AMENDMENT NO. 4867 after is less than that which would have been standards applicable to workers, including On page 32, line 21, strike ‘‘subsection (a)’’ accepted under the emplacement rate speci- managerial personnel. the regulation shall and insert ‘‘this section’’. fied in subsection (a)’’.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8058 CONGRESSIONAL RECORD — SENATE July 17, 1996

AMENDMENT NO. 4877 On page 30, line 2, before the period at the ing, no more than $225,000,000 shall be ex- On page 86, line 3, strike ‘‘DOE’’ and all end insert ‘‘: Provided, That of the funds ap- pended or obligated for F/A–18C/D aircraft.’’ that follows through ‘‘site.’’ on line 4, and in- propriated in this heading, $3,000,000 shall be sert ‘‘the Secretary removes the spent nu- available for acceleration of a program to de- FEINGOLD (AND OTHERS) clear fuel from the La Crosse Reactor site.’’. velop thermally stable jet fuels using chemi- AMENDMENT NO. 4892 cals derived from coal’’. AMENDMENT NO. 4878 Mr. STEVENS (for Mr. FEINGOLD, for himself, Mr. KOHL, Mr. BUMPERS, Mr. On page 86, line 4, strike the quotation BENNETT AMENDMENT NO. 4887 mark following ‘‘site.’’. STEVENS, and Mr. INOUYE) proposed an Mr. STEVENS (for Mr. BENNETT) pro- amendment to the bill, S. 1894, supra; posed an amendment to the bill, S. AMENDMENT NO. 4881 as follows: 1894, supra; as follows: Beginning on page 100, line 4, strike ‘‘(1) an At the appropriate place in the bill, insert analysis’’ and all that follows through line On page 29, line 20, strike ‘‘Forces’’ and in- the following: 19, and insert— sert in lieu thereof ‘‘Forces: Provided further, SEC. 8099. (a) Not more than 90 percent of ‘‘(1) an analysis of the Secretary’s progress That of the funds available under this head- the funds appropriated or otherwise made in meeting its statutory and contractual ob- ing, $1,000,000 is available for evaluation of a available by this Act for the procurement of ligation to accept title to, possession of, and non-developmental Doppler sonar velocity F/A–18E/F aircraft may be obligated or ex- delivery of spent nuclear fuel and high-level log’’. pended for the procurement of such aircraft radioactive waste beginning no later than until 30 days after the Secretary of Defense November 30, 1999, and in accordance with BYRD AMENDMENT NO. 4888 has submitted to the Congressional defense the emplacement schedule; committees a report on the F/A–18E/F air- ‘‘(2) a detailed schedule and timeline show- Mr. INOUYE (for Mr. BYRD) proposed craft program which contains the following: ing each action that the Secretary intends to an amendment to the bill, S. 1894, (1) A review of the F/A–18E/F aircraft pro- take to meet the Secretary’s obligations supra; as follows: gram. under this Act and the contracts; On page 33, line 2, before the period at the (2) An analysis and estimate of the produc- ‘‘(3) a detailed description of the Sec- end insert ‘‘: Provided, further, That of the tion costs of the program for the total num- retary’s contingency plans in the event that funds appropriated under this heading, ber of aircraft realistically expected to be the Secretary is unable to meet the planned $10,000,000 shall be available for scientific re- procured at each of four annual production schedule and timeline; and search to be carried out by entities inde- rates as follows: ‘‘(4) an analysis by the Secretary of its pendent of the Federal Government on pos- (a) 18 aircraft. funding needs for fiscal years 1997 through sible causal relationships between the com- (b) 24 aircraft. 2001.’’. plex of illnesses and symptoms commonly (c) 36 aircraft. known as ‘‘Gulf War syndrome’’ and the pos- (d) 48 aircraft. AMENDMENT NO. 4882 sible exposures of members of the Armed (3) A comparison of the costs and benefits Forces to chemical warfare agents or other of the F/A–18E/F program with the costs and On page 101, line 8, strike ‘‘ensuring’’ and benefits of the F/A–18C/D aircraft program insert ‘‘ensuing’’. hazardous materials during service on active duty as a member of the Armed Forces in the talking into account the operational combat f Southwest Asia theater of operations during effectiveness of the aircraft. THE DEPARTMENT OF DEFENSE the Persian Gulf War’’. (b) Not later than 30 days after the Sec- retary of Defense has submitted the report APPROPRIATIONS ACT, 1997 f required by subsection (a), the Comptroller THE GAMBLING IMPACT STUDY General of the United States shall submit to the congressional defense committees an GORTON AMENDMENT NO. 4883 COMMISSION ACT analysis of the report submitted by the Sec- Mr. GORTON proposed an amend- retary. ment to the bill, S. 1894, supra; as fol- STEVENS AMENDMENT NO. 4889 lows: LEVIN AMENDMENT NO. 4893 Mr. LOTT (for Mr. STEVENS) proposed On page 29, line 20, strike out ‘‘Forces.’’ Mr. LEVIN proposed an amendment an amendment to the bill (S. 704) to es- and insert in lieu thereof ‘‘Forces: Provided to the bill, S. 1894, supra; as follows: further, That of the funds appropriated in tablish the Gambling Impact Study On page 26, line 10, strike out this paragraph, $7,500,000 shall be available Commission; as follows: ‘‘$6,630,370,000’’ and insert in lieu thereof for 1.5 ship years in the university research Beginning on page 16, line 25, strike ‘‘as ‘‘$6,582,370,000’’. fleet under the Oceanographic and Atmos- the’’ and all the follows through ‘‘(b)(2)’’ on SEC. 8100. None of the funds appropriated pheric Technology program.’’. page 17, line 2. under title III of this Act may be obligated f or expended for more than six new produc- FEINSTEIN AMENDMENT NO. 4884 THE DEPARTMENT OF DEFENSE tion F-16 aircraft. SEC. . The $48,000,000 reduction of funds Mr. INOUYE (for Mrs. FEINSTEIN) APPROPRIATIONS ACT, 1997 proposed an amendment to the bill, S. for F-16 aircraft in excess of six new produc- tion aircraft shall be made available for 1894, supra; as follows: funding for the emergency anti-terrorism On page 29, line 20, strike out ‘‘Forces.’’ DODD AMENDMENT NO. 4890 program element established in Sec. 8099 of and insert in lieu thereof ‘‘Forces: Provided Mr. INOUYE (for Mr. DODD) proposed this Act. further, That of the funds available under f this paragraph, $12,000,000 is available for the an amendment to the bill, S. 1894, Pulse Doppler Upgrade modification to the supra; as follows: NOTICES OF HEARINGS AN/SPS–48E radar system.’’. On page 29 on line 20 strike the period and COMMITTEE ON INDIAN AFFAIRS insert in lieu thereof: ‘‘: Provided further that up to $10 million of funds appropriated Mr. MCCAIN. Mr. President, I would HEFLIN (AND SHELBY) like to announce that the Senate Com- AMENDMENT NO. 4885 in this paragraph may be used to initiate en- gineering and manufacturing development mittee on Indian Affairs will meet dur- Mr. INOUYE (for Mr. HEFLIN, for for the winning airborne mine counter- ing the session of the Senate on Thurs- himself and Mr. SHELBY) proposed an measure system.’’ day, July 18, 1996, beginning at 9:30 amendment to the bill, S. 1894, supra; a.m. to conduct a markup and hearing as follows: BUMPERS (AND OTHERS) on the following: Committee markup of On page 31, line 6, strike out ‘‘1998.’’ and in- AMENDMENT NO. 4891 S. 1264, the Crow Creek Sioux Tribe In- sert in lieu thereof ‘‘1998: Provided, That of Mr. BUMPERS (for himself, Mr. frastructure Development Trust Fund the funds appropriated in this paragraph, FEINGOLD, and Mr. KOHL) proposed an Act of 1995; S. 1834, the Indian Environ- $3,000,000 is available for the Operational mental General Assistance Program Field Assessment Program.’’. amendment to the bill, S. 1894, supra; as follows: Act of 1992, Reauthorization; S. 1869, the Indian Health Care Improvement SANTORUM AMENDMENT NO. 4886 On page 22, strike lines 3 through 4, and in- sert in lieu thereof the following : Technical Corrections Act of 1996; and Mr. STEVENS (for Mr. SANTORUM) ‘‘$7,005,704,000, to remain available for obliga- the Indian Child Welfare Act Amend- proposed an amendment to the bill, S. tion until September 30, 1999: Provided, that ments of 1996, to be followed imme- 1894, supra; as follows: of the funds made available under this head- diately by a hearing on H.R. 2464, Utah

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8059 Schools and Land Improvement Act, mittee on the Judiciary be authorized deep confidence that American democ- Amendment, and S. 1893, the Torres- to meet during the session of the Sen- racy would prove itself in whatever cri- Martinez Desert Cahuilla Indians ate on Wednesday, July 17, 1996, at 10 sis it faced; just as he would do. He Claims Settlement Act. The markup/ a.m. to hold a hearing on the Develop- faced many; always with grace and hearing will be held in Room 485 of the ment of State Criminal Identification afterward, grand ‘‘rollicking’’ recollec- Russell Senate Office Building. Systems. tions, as Tom Brokaw put it. David Those wishing additional information The PRESIDING OFFICER. Without Broder captures that quality in his col- should contact the Committee on In- objection, it is so ordered. umn this morning. dian Affairs. COMMITTEE ON LABOR AND HUMAN RESOURCES Many of us in print journalism lost a great COMMITTEE ON AGRICULTURE, NUTRITION AND Mr. STEVENS. Mr. President, I ask friend last week in John Chancellor. He hung FORESTRY out with the political reporters who had no- unanimous consent that the Com- Mr. LUGAR. Mr. President, I would where near his celebrity because he always mittee on Labor and Human Resources like to announce that the Senate Com- thought of himself as a reporter and he mittee on Agriculture, Nutrition, and be authorized to meet in executive ses- wanted to be with people who were more in- Forestry will meet on Wednesday, July sion during the session of the Senate terested in the stories they were covering on Wednesday, July 17, 1996, at 9:30 than in stroking their own reputations. He 24, 1996 at 9:30 a.m. in SR–328A to was modest and funny and generous in his markup S. 1166, the Food Quality Pro- a.m. The PRESIDING OFFICER. Without praise. No journalist of his era enjoyed tection Act. greater trust and affection from his col- objection, it is so ordered. COMMITTEE ON RULES AND ADMINISTRATION leagues—or the people he covered. And none Mr. WARNER. Mr. President, I wish SELECT COMMITTEE ON INTELLIGENCE deserved it more. to announce that the Committee on Mr. STEVENS. Mr. President, I ask The Senate honors his memory and Rules and Administration will meet in unanimous consent that the Select salutes his legacy.∑ SR–301, Russell Senate Office Building, Committee on Intelligence be author- f on Wednesday, July 24, 1996, at 9:30 ized to meet during the session of the KOREA VISA WAIVER PILOT a.m. to hold a hearing on Public Access Senate on Wednesday, July 17, 1996, at PROGRAM to Government Information in the 21st 9:30 a.m. to hold an open hearing on In- Century, Title 44/GPO. telligence Matters and at 2 p.m. to hold ∑ Mr. D’AMATO. I am pleased to join For further information concerning a closed hearing on intelligence mat- as co-sponsor of the Korea Visa Waiver this hearing, please contact Joy Wilson ters. Pilot Program, S. 1616. This bill au- of the Rules Committee staff. The PRESIDING OFFICER. Without thorizes the United States to allow f objection, it is so ordered. tourists from South Korea to enter the United States without a visa. This AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT AND THE DISTRICT OF COLUMBIA Korea visa waiver will create a new and MEET Mr. STEVENS. Mr. President I ask easier system for Korean citizens that COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Sub- want to visit the United States. The AFFAIRS committee on Oversight of Government usual delays that presently accompany Mr. STEVENS. Mr. President, I ask Management and the District of Co- a request for a U.S. visa from the U.S. unanimous consent that the Com- lumbia, Committee on Government Af- Embassy in Seoul will now be avoided. mittee on Banking, Housing, and fairs, be permitted to meet during a The Visa Waiver Pilot Program was Urban Affairs be authorized to meet session of the Senate, Wednesday, July first established in 1986 in order to en- during the session of the Senate on 17, 1996, at 9:30, to hold a hearing on courage growth in the tourism indus- Wednesday, July 17, 1996, to conduct a oversight of the implementation of the try. Since its inception, citizens from hearing on S. 1009, the Financial In- Information Technology Management certain countries are able to enjoy struments Anti-Fraud Act. travel to the United States for short Reform Act of 1996. The PRESIDING OFFICER. Without visits without the hassles of waiting The PRESIDING OFFICER. Without objection, it is so ordered. for a visa. This legislation will extend objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND this treatment to the Republic of TRANSPORTATION f Korea, in addition to the three coun- Mr. PRESSLER. Mr. President, I ask ADDITIONAL STATEMENTS tries in the Asia-Pacific region. unanimous consent that the Com- The bill would allow certain travel mittee on Commerce, Science, and agencies in Korea to issue temporary Transportation be allowed to meet dur- A TRIBUTE TO JOHN CHANCELLOR travel permits to tour groups, of stays ing the Wednesday, July 17, 1996, ses- no longer than 15 days. The visitor ∑ sion of the Senate for the purpose of Mr. MOYNIHAN. Mr. President, as must possess a round-trip ticket and conducting a hearing on Federal Avia- the Senate knows, John Chancellor certain other requirements are imposed tion Administration safety oversight. died last Friday at age 68. He was so to insure that these visitors return The PRESIDING OFFICER. Without much a part of our lives for over 40 home. These requirements should sat- objection, it is so ordered. years as an NBC news commentator isfy the critics who are fearful of the COMMITTEE ON FOREIGN RELATIONS and anchor. We are diminished by his overstayers. Mr. STEVENS. Mr. President, I ask death, and yet, as Tom Brokaw sug- Overseas tourism must be encour- unanimous consent that the Com- gested, enhanced by the realization of aged, for our culture and for our econ- mittee on Foreign Relations be author- just how great a legacy he leaves. A omy. The boost by travelers to the ized to meet during the session of the legacy, Mr. Brokaw stated, that ‘‘will United States will benefit everyone. Senate on Wednesday, July 17, at 10:30 always be secure.’’ South Korean travelers will have this a.m. He was in some measure Irish; at positive impact on the travel industry The PRESIDING OFFICER. Without least he once told me of a grandmother in this country. objection, it is so ordered. who had taught him to hate Oliver When Canada and New Zealand re- COMMITTEE ON GOVERNMENTAL AFFAIRS Cromwell. Which he must have done, laxed their visas for South Korean citi- Mr. STEVENS. Mr. President, I ask and in so doing, evidently used up all zens, those nations saw a massive in- unanimous consent on behalf of the the hate he had in him. For there was crease in tourism. According to 1994 es- Governmental Affairs Committee to nothing else but love: for the life he timates cited by the American Cham- meet on Wednesday, July 17, at 3 p.m. lived, and the people he lived it with. ber of Commerce in Korea, Koreans for a hearing on the National Fine Cen- Most especially, of course, his wife Bar- ranked 10th out of all nations in terms ter. bara and their three children. Yeats of the number of visitors to the United The PRESIDING OFFICER. Without once wrote of a man who was blessed States. This visa-free travel from objection, it is so ordered. and had the power to bless. Such a man South Korea will only serve this coun- COMMITTEE ON THE JUDICIARY was John Chancellor. try’s interest. Mr. STEVENS. Mr. President, I ask He was a friend of 30 years and more. Korea is important to the United unanimous consent that the Com- From first to last, one sensed in him a States: Korea has been the 6th largest

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8060 CONGRESSIONAL RECORD — SENATE July 17, 1996 United States trading partner and has Guard. Senator BREAUX and I thank gious freedom and scholarship when I the 11th largest economy in the world. him for his dedication to our country add my words of consolation and en- The Chamber of Commerce in Korea and wish he and his family ‘‘fair winds couragement to Rabbi Steinsaltz on expects that demand for travel to the and following seas’’ in their future en- this occasion.∑ United States by Koreans may in- deavors. f crease. This should be encouraged, f rather than discouraged, especially MEASURE HELD AT THE DESK—S. SYCAMORES HAVE BEEN FELLED; when other countries are offering Ko- 1965 WE WILL GROW CEDARS INSTEAD rean travelers visa-free travel. Mr. STEVENS. On behalf of the lead- I encourage my colleagues to look ∑ Mr. MOYNIHAN. Mr. President, the er, I ask unanimous consent that S. into the merits of this legislation and Members of the Senate are familiar 1965, introduced earlier today by Sen- support its ultimate passage.∑ with Rabbi Adin Steinsaltz’s historic ator HATCH, be held at the desk and COMMANDER JOHN J. JASKOT contribution both to the field of Jewish printed in the RECORD. Mr. JOHNSTON. Mr. President, I rise scholarship and to the resurgence of The PRESIDING OFFICER. Without today on behalf of myself and Senator Jewish life in the former Soviet Union. objection, it is so ordered. BREAUX to say thank you to a dedi- In 1989, Rabbi Steinsaltz founded the f cated public servant whose career Judaic Studies Center and synagogue serves to remind us that it is honest in the Kunseva section of Moscow, the TO RECOGNIZE AND HONOR FILI- hard work and devotion to duty that first such new school in the Soviet PINO WORLD WAR II VETERANS makes this Government work. Union since the 1917 Bolshevik Revolu- Mr. STEVENS. Mr. President, I ask Comdr. John J. Jaskot, United States tion. I am privileged to serve on the unanimous consent that the Com- Coast Guard, has served on Capitol Hill center’s board of advisors and to have mittee on the Judiciary be imme- since 1992, first as a Coast Guard Con- hosted Rabbi Steinsaltz on his all-too- diately discharged from further consid- gressional Fellow to the Senate Appro- infrequent trips to Washington, DC. eration of Senate Concurrent Resolu- priations Subcommittee on Transpor- It is my unpleasant duty to share tion 64 and that the Senate proceed to tation and most recently as the Coast with the Senate the disturbing news its immediate consideration. Guard’s Liaison Officer to the U.S. that a fire of undetermined nature The PRESIDING OFFICER. Without Senate. During his tenure on Capitol broke out last Friday night, July 12, in objection, it is so ordered. Hill, Commander Jaskot has proven his Rabbi Steinsaltz’s Judaic Studies Cen- The clerk will report. unquestionable integrity and steadfast ter. All 50 students and worshipers in The assistant legislative clerk read loyalty while demonstrating the tire- the building at the time were safely as follows: less commitment to putting forth the evacuated. Except for the Torah scrolls A concurrent resolution (S. Con. Res. 64) to effort required to make a difference. which were saved from the raging recognize and honor the Filipino World War Mr. President, Senator BREAUX and I, flames, the entire building was de- II veterans for their defense of democratic and our staffs, have worked extensively stroyed, including thousands of books ideals and their important contribution to with Commander Jaskot in achieving and other equipment. the outcome of World War II. our shared objectives. In cases where The center had been a focal point of The PRESIDING OFFICER. Is there those objectives were not mutually Russian Jewish life since its establish- objection to the immediate consider- shared, it has been Commander Jaskot ment. It was the key spiritual center ation of the concurrent resolution? who has helped bridge the gap between for thousands and the first Jewish in- There being no objection, the Senate the Senate and the Coast Guard. His stitution of learning officially per- proceeded to consider the concurrent untiring work ethic and creativity mitted to function during the Glasnost resolution. have helped find solutions to some period. During its years of operation, Mr. STEVENS. I ask unanimous con- challenging problems which would oth- more than 1,000 Russian Jews were en- sent the concurrent resolution be erwise have tarnished the already em- rolled in intensive Judaic studies agreed to, the motion to reconsider be battled reputation of the Federal Gov- courses and many thousands more at- laid on the table, and any statements ernment. tended seminars and workshops. On relating to the concurrent resolution On issues specific to Louisiana, Com- Jewish holidays hundreds of Jews appear in the appropriate place in the mander Jaskot has ensured that a flocked there for communal celebra- RECORD. proper dialog has been maintained on tions. The PRESIDING OFFICER. Without tough issues such as the enforcement When the fire broke out, the center objection, it is so ordered. of the use of the contentious Turtle Ex- was hosting a seminar for Jewish com- The concurrent resolution (S. Con. cluder Devices [TEDs] by the Gulf munal workers from cities and towns Res. 64) was agreed to. Coast shrimping fleet, the placement of throughout the Commonwealth of Inde- The preamble was agreed to. aides to navigation on the newly pendent States (CIS). Cities such as The concurrent resolution, with its opened Red River Waterway, and the Chellabinsk, Siberia, Berditchev, preamble, is as follows: replacement of the dangerous Florida Ukraine, and Vitebsk, Belarus, had S. CON. RES. 64 Avenue Bridge. He has made similar ef- sent one representative each for an in- Whereas the Commonwealth of the Phil- forts on issues of national and inter- tensive 3-month course in Jewish and ippines was strategically located and thus national scope such as the implementa- communal service studies. Graduates vital to the defense of the United States dur- tion of the Oil Pollution Act of 1990, of this program are expected to return ing World War II; the Haitian and Cuban refuge crises, to their native cities—far from the Whereas the military forces of the Com- and maintaining funding to help keep major Jewish centers—and apply what monwealth of the Philippines were called our waterways operating safely. they have learned. into the United States Armed Forces during More importantly, Mr. President, Rabbi Steinsaltz, who is best known World War II by Executive order and were put under the command of General Douglas through his hard work, ingenuity, in- for his monumental modern com- MacArthur; tegrity, and genuine good nature, Com- mentary on the Talmud, was recently Whereas the participation of the military mander Jaskot has proven that it is given the title of Duchovny Ravin—an forces of the Commonwealth of the Phil- people who really make the difference historic title connoting the spiritual ippines in the battles of Bataan and Cor- between a government that works for leader of Russian Jewry. regidor and in other smaller skirmishes de- its people and one that fails. We can all In Jerusalem, Rabbi Steinsaltz re- layed and disrupted the initial Japanese ef- learn from his example, that on local, sponded to the news by quoting Isaiah fort to conquer the Western Pacific; as well as national issues, an individual 9:9. ‘‘Bricks have fallen—we will re- Whereas that delay and disruption allowed the United States the vital time to prepare can make a difference. Commander build with dressed stone. Sycamores the forces which were needed to drive the Jaskot certainly has. have been felled—we will grow cedars Japanese from the Western Pacific and to de- Commander Jaskot is retiring after instead.’’ feat Japan; 20 years of highly decorated public I know I speak for the entire Senate Whereas after the recovery of the Phil- service in the United States Coast and for all Americans who cherish reli- ippine Islands from Japan, the United States

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — SENATE S8061 was able to use the strategically located a career of dedicated and unwavering American Federal district court judge Commonwealth of the Philippines as a base service, not only to the legal commu- in Wisconsin history. In my opinion, it from which to launch the final efforts to de- nity, but to the people of Wisconsin as is critical that our Federal judiciary feat Japan; well. try to reflect the diversity that is Whereas every American deserves to know Throughout his legal career, Charles the important contribution that the military America. But while we are gratified forces of the Commonwealth of the Phil- Clevert has worked on behalf of the that Judge Clevert will add diversity to ippines made to the outcome of World War people of Wisconsin in a number of im- our Federal bench, he was nominated II; and portant ways. He has served as a pros- for one simple reason: he was the most Whereas the Filipino World War II vet- ecutor both in the Milwaukee County qualified. erans deserve recognition and honor for their District Attorney’s office as well as in important contribution to the outcome of the United States Attorney’s Office. Let me tell you why President Clin- World War II: Now, therefore, be it His career has taken him to court- ton could not have made a better Resolved by the Senate (the House of Rep- choice to fill the vacancy created when resentatives concurring), That it is the sense rooms in both Federal and State courts throughout Wisconsin and he has prac- Terry Evans—himself an outstanding of the Congress that the President should judge—was elevated to the Seventh issue a proclamation which recognizes and ticed in both the criminal and civil honors the Filipino World War II veterans arenas. For the past nineteen years he Circuit. for their defense of democratic ideals and has been a United States Bankruptcy First, Charles Clevert is a jurist of their important contribution to the outcome Judge. In 1986, Judge Clevert became extraordinary intelligence and unques- of World War II. the Chief Bankruptcy Judge for Wis- tioned skill. Practicing lawyers con- f consin’s Eastern District. Clearly Mr. sistently rank him among the finest EXECUTIVE SESSION President, these experiences will serve judges in Wisconsin. Attorneys who ap- him well on the Federal bench. pear before Judge Clevert repeatedly However Mr. President, these accom- praise him for his integrity, fairness EXECUTIVE CALENDAR plishments do not fully recognize the and demeanor. He received similar high contribution of Charles Clevert to his Mr. INOUYE. Mr. President, I ask marks from members of the non- profession and his community. In addi- partisan nominating commission— unanimous consent the Senate imme- tion to being active in various Wis- which Senator FEINGOLD and I estab- diately proceed to executive session to consin Bar Associations and lecturing consider the following nominations on lished with the State bar—who made at the University of Wisconsin Law Judge Clevert one of the finalists for the Executive Calendar: No. 575 and all School, Judge Clevert has been active nominations placed on the Secretary’s the Eastern District vacancy. The ABA in working with young people in my gave him a ‘‘well-qualified’’ rating, the desk. state of Wisconsin for over 20 years. I ask further unanimous consent that Judge Clevert takes the time to meet highest grade possible for any nominee. the nominations be confirmed en bloc, and talk with school children in and And don’t take my word for it, ask the motions to reconsider be laid upon around Milwaukee about the impor- the Milwaukee Journal-Sentinel: it the table, the President be imme- tance of education and the role of the called Judge Clevert’s selection a ‘‘wise diately notified of the Senate’s action, courts in our society. He stresses the choice’’ and a ‘‘milestone.’’ and the Senate then return to legisla- need to emphasize education, not drugs Second, Judge Clevert is a person of tive session. and alcohol. His simple message of extraordinary achievement and gen- Mr. STEVENS. Reserving the right hard work and respect for the law is a erosity. He grew up working class in to object, I might add this confirms the positive and important one for the Richmond, where he attended a seg- nomination of Charles Clevert, Jr, of young people of Wisconsin. I was regated high school. He went to a small Wisconsin, and the nominations placed pleased to hear Judge Clevert indicate college in West Virginia, and then on the Secretary’s desk are in the Pub- that it is his intention to continue his graduated from Georgetown Law lic Health Service area. activities throughout Milwaukee and School. He has spent more than 20 The PRESIDING OFFICER. Without the State of Wisconsin following his objection, it is so ordered. years in Wisconsin as a prosecutor and confirmation to the federal bench. a bankruptcy judge—he is now the The nominations considered and con- Mr. President, Charles Clevert’s nom- Chief Bankruptcy Judge of the Eastern firmed en bloc are as follows: ination was recommended to President District. Judge Clevert’s reputation is THE JUDICIARY Clinton by a nominating committee exceptional even among his colleagues: Charles N. Clevert, Jr., of Wisconsin, to be that my colleague, Senator KOHL and I U.S. District Judge for the Eastern District have established to help ensure that several years ago they honored him by of Wisconsin vice Terence T. Evans, ele- the citizens of our State receive qual- appointing him President of the Na- vated. ity judicial representation. I am tional Conference of Bankruptcy IN THE PUBLIC HEALTH SERVICE pleased that the full Senate has joined Judges. Public Health Service nominations begin- with that advisory committee, the Let me also mention that Judge ning Michael M. Gottesman, and ending Wil- President and the Judiciary Committee Clevert and his wife Leslie have two lard E. Dause, which nominations were re- in recognizing Charles Clevert’s quali- lovely children, Chip and Melanie, both ceived by the Senate and appeared in the fications and confirming his nomina- of whom are in high school. What little CONGRESSIONAL RECORD of May 1, 1996. Public Health Service nominations begin- tion to be a United States District free time Judge Clevert has away from ning John M. Balintona, and ending Kim- Judge for the Eastern District of Wis- his job and his family he spends work- berly S. Stolz, which nominations were re- consin. I want to wish Judge Clevert, ing with his church and with charities. ceived by the Senate and appeared in the and his family, well in this new and im- For example, he sits on the board of CONGRESSIONAL RECORD of June 10, 1996. portant phase of his career. Although the Anvil Housing Corporation, which NOMINATION OF CHARLES N. CLEVERT, JR., TO the responsibility that awaits him is provides subsidized housing for senior BE U.S. DISTRICT JUDGE FOR THE EASTERN great, it is a responsibility that and handicapped citizens. And he is in- DISTRICT OF WISCONSIN Charles Clevert will no doubt handle volved with a group called Men of To- Mr. FEINGOLD. Mr. President, I rise with the competence and profes- morrow, an organization that mentors today to lend my strong support to the sionalism that has to date marked his young men between the ages of 11 and nomination of Charles N. Clevert to be distinguished career. 18. United States District Court Judge for Mr. KOHL. Mr. President, Charles Mr. President, no one can read the the Eastern District of Wisconsin. Clevert has accomplished a number of story of Judge Clevert’s life and not be I am pleased that the full Senate has ‘‘firsts’’ in his life. He was the first impressed. It is eloquent testimony to joined with me, Senator KOHL and my member of his family to go to college. our country’s ability to create oppor- colleagues on Judiciary Committee in He was the first African-American as- tunity for all from a social compact recognizing Charles Clevert’s qualifica- sistant U.S. Attorney in Wisconsin. some claim was written for a few. tions for the Federal bench. I attended When he was appointed in 1977, he was Judge Clevert’s confirmation hearing the youngest bankruptcy judge in the From any perspective—prosecutor or before the Judiciary Committee and country. defense lawyer, corporate litigator or the fact that he will be a worthy jurist Today, as he is confirmed by the Sen- consumer advocate, debtor or cred- was clearly evident at that time. His is ate, he becomes the first African- itor—Charles N. Clevert is already a

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8062 CONGRESSIONAL RECORD — SENATE July 17, 1996 terrific bankruptcy court judge. He is Mr. STEVENS. Mr. President, I ask IN THE ARMY someone who will faithfully apply Su- for the yeas and nays on final passage THE FOLLOWING-NAMED INDIVIDUAL FOR RESERVE OF preme Court precedent. He is a prag- of the bill itself tomorrow. THE ARMY APPOINTMENT, WITHOUT CONCURRENT ORDER TO ACTIVE DUTY, UNDER THE PROVISIONS OF matist, not an ideologue. And his ca- The PRESIDING OFFICER. Is there a TITLE 10, UNITED STATES CODE, SECTIONS 12203(A), reer demonstrates a proven record of sufficient second? 12204(A), 3353, AND 3359: fairness and toughness. There is a sufficient second. MEDICAL CORPS I congratulate the Senate on a wise The yeas and nays were ordered. To be lieutenant colonel decision today, and I am sure that f DONALD G. HIGGINS, 000–00–0000 Judge Clevert will be as distinguished ADJOURNMENT UNTIL 9:30 A.M. IN THE NAVY on the district court as he has been on TOMORROW THE FOLLOWING NAMED OFFICERS, ON THE ACTIVE the bankruptcy bench. DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED Mr. STEVENS. Mr. President, if IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF f TITLE 10, UNITED STATES CODE. there are no further amendments, I ask UNRESTRICTED LINE OFFICERS LEGISLATIVE SESSION that we stand in adjournment in ac- The PRESIDING OFFICER. Under cordance with the previous order. To be commander the previous order, the Senate will re- There being no objection, the Senate, RUFUS S. ABERNETHY III, 000–00–0000 JOSEPH C. ADAN, 000–00–0000 sume legislative session. at 8:15 p.m., adjourned until Thursday, JOHN D. ALEXANDER, 000–00–0000 July 18, 1996, at 9:30 a.m. SCOTT D. ALTMAN, 000–00–0000 f PAUL F. ANDERSON, 000–00–0000 f ROBERT S. ANDERSON, 000–00–0000 ORDERS FOR THURSDAY, JULY 18, CHRISTOPHER P. ARENDT, 000–00–0000 1996 NOMINATIONS WAYNE D. ATWOOD, 000–00–0000 DAVID T. BAILEY, 000–00–0000 Mr. STEVENS. Mr. President, I ask Executive nominations received by KELLY B. BARAGAR, 000–00–0000 the Senate July 17, 1996: ANTHONY P. BARNES, 000–00–0000 unanimous consent that when the Sen- BRIAN E. BARRINGTON, 000–00–0000 ate completes its business today it IN THE ARMY MICHAEL G. BARRINGTON, 000–00–0000 JOHN P. BARRON, 000–00–0000 stand in adjournment until the hour of THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER ROLAND W. BATTEN, JR., 000–00–0000 9:30 a.m. on Thursday, July 18; that im- FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE WAYNE R. BAUERS, JR., 000–00–0000 GRADE INDICATED UNDER TITLE 10, UNITED STATES SCOTT B. BAWDEN, 000–00–0000 mediately following the prayer, the CODE, SECTIONS 3385, 3392 AND 12203(A): VERNON D. BEACH, 000–00–0000 Journal of proceedings be deemed ap- To be major general FRED T. BECKHAM, JR., 000–00–0000 MICHAEL J. BECKNELL, 000–00–0000 proved to date, the morning hour be BRIG. GEN. GERALD A. RUDISILL, JR., 000–00–0000. JOHN R. BEGLEY, 000–00–0000 ROBERT A. BELLITTO, 000–00–0000 deemed to have expired, and the time IN THE AIR FORCE for the two leaders be reserved for their CHRISTOPHER R. BERGEY, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE JONATHAN C. BESS, 000–00–0000 use later in the day, and the Senate DUTY LIST, FOR APPOINTMENT IN THE REGULAR AIR GREGORY M. BILLY, 000–00–0000 immediately resume consideration of FORCE IN ACCORDANCE WITH SECTION 531 OF TITLE 10, HAROLD F. BISHOP II, 000–00–0000 UNITED STATES CODE, WITH A VIEW TO DESIGNATION IN MARTIN J. BODROG, 000–00–0000 our defense appropriations as under the ACCORDANCE WITH SECTION 8067 OF TITLE 10, UNITED JON R. BOE, 000–00–0000 previous order. STATES CODE, TO PERFORM DUTIES INDICATED WITH DAVID P. BOETTCHER, 000–00–0000 GRADE AND DATE OF RANK TO BE DETERMINED BY THE MC WILLIAM V. BOLLMAN, 000–00–0000 f SECRETARY OF THE AIR FORCE PROVIDED THAT IN NO EDMOND L. BOULLIANNE, 000–00–0000 CASE SHALL THE FOLLOWING OFFICERS BE APPOINTED RANDALL G. BOWDISH, 000–00–0000 IN A HIGHER GRADE THAN THAT INDICATED. TODD A. BOYERS, 000–00–0000 PROGRAM JAMES D. BRADFORD, 000–00–0000 Mr. STEVENS. For the information MEDICAL CORPS KENT D. BRADSHAW, 000–00–0000 JOHN F. BRANDEAU, 000–00–0000 of all Senators, there is a rollcall vote To be colonel JOHN D. BRAZIL, 000–00–0000 at 9:30 on or in relation to the Harkin JEFFREY I. ROLLER, 000–00–0000 WILLIAM S. BRINKMAN, 000–00–0000 MICHAEL L. ROSENBERG, 000–00–0000 JOHN B. BROOMFIELD, 000–00–0000 amendment to the defense appropria- JAMES A. WASHINGTON, 000–00–0000 ROBERT W. BROWN, 000–00–0000 tions bill. There now will be three BARRY L. BRUNER, 000–00–0000 To be lieutenant colonel JOHN E. BRUNS, 000–00–0000 votes—two votes on amendments and JOSEPH A. BULGER III, 000–00–0000 one vote on final passage. THOMAS F. BABSON, 000–00–0000 DONALD J. BURGER, JR., 000–00–0000 GEORGE V. BLACKWOOD, 000–00–0000 JAMES R. BURKE, 000–00–0000 There will be 2 minutes before each ROBERT D. BRADSHAW, 000–00–0000 WILLIE BURKE, JR., 000–00–0000 vote on amendments. WILLIAM P. BUTLER, 000–00–0000 LAWRENCE D. BURT, 000–00–0000 GLENN C. COCKERHAM, 000–00–0000 BRUCE K. BUTLER, 000–00–0000 Following those two votes, there will DAVID E. GEYER, 000–00–0000 ALFRED D. BYRNE, 000–00–0000 HARRY W. KUBERG, 000–00–0000 be 5 minutes for Senator DORGAN and 5 RORY J. CALHOUN, 000–00–0000 BRUCE D. SMITH, 000–00–0000 WILLIAM H. CAMERON, 000–00–0000 minutes equally divided between the GREGORY J. TOUSSAINT, 000–00–0000 THOMAS A. CAMPION III, 000–00–0000 Senator from Hawaii and myself. DENTAL CORPS JOEL M. CANTRELL, 000–00–0000 MICHAEL J. CARLIN, 000–00–0000 We will then go to final passage To be lieutenant colonel THOMAS S. CARLSON, 000–00–0000 under the previous unanimous consent THOMAS F. CARNEY, JR., 000–00–0000 JESSE T. MC VAY, 000–00–0000 TED W. CARTER, 000–00–0000 agreement that all of the arrangements WILLIAM F. PIERPONT, 000–00–0000 DAVID A. CATE, 000–00–0000 concerning the transfer to the House MARIE Y.A. WILLIAMS, 000–00–0000 JOSEPH CEREOLA, 000–00–0000 MEDICAL CORPS JOHN M. CHANDLER, 000–00–0000 bill and the passage of that bill have JAMES L. CHAPPELL, 000–00–0000 already been agreed to. To be major HENRI L. CHASE, 000–00–0000 MICHAEL B. CHASE, 000–00–0000 Following the votes, the Senate will RICHARD H. NGUYEN, 000–00–0000 EDWARD M. CHICOINE, 000–00–0000 begin consideration of the reconcili- DENTAL CORPS JAMES B. CLARK, 000–00–0000 JOSEPH M. CLARKSON, 000–00–0000 ation bill. Additional votes can be ex- To be major JOHN E. CLAY, 000–00–0000 pected throughout the day and into the TERENCE L. CLEVELAND, 000–00–0000 RICHARD M. BEDINGHAUS, 000–00–0000 WILLIAM R. CLOUGHLEY, 000–00–0000 evening in order to make substantial MICHAEL H. BETO, 000–00–0000 RANDALL B. COHN, 000–00–0000 progress on that bill. There is a statu- PAUL M. ROGERS, 000–00–0000 GEORGE A. COLEMAN, 000–00–0000 THE FOLLOWING-NAMED INDIVIDUALS FOR APPOINT- WILLIAM L. CONE, 000–00–0000 tory limit of 20 hours on the reconcili- MENT IN THE RESERVE OF THE AIR FORCE, IN GRADES THOMAS H. COPEMAN III, 000–00–0000 ation bill. However, the leader ex- INDICATED, UNDER SECTIONS 8067 AND 12203 OF TITLE 10, KEVEN L. CORCORAN, 000–00–0000 UNITED STATES CODE, WITH A VIEW TO DESIGNATION TO BRIAN S. COVAL, 000–00–0000 presses the hope that we may be able PERFORM THE DUTIES INDICATED. JAMES A. CRABBE, 000–00–0000 to yield back some of that time and SCOTT T. CRAIG, 000–00–0000 MEDICAL CORPS CARL W. CRAMB, 000–00–0000 complete action on that bill as early as RICHARD T. CREANGE, 000–00–0000 To be colonel possible. MICHAEL E. CROSS, 000–00–0000 JOHN C. STONER, 000–00–0000 PATRICK K. CROTZER, 000–00–0000 Let me ask the Parliamentarian. Do WILLIAM P. CUILIK, 000–00–0000 I have to do anything further to assure To be lieutenant colonel RICHARD W. DANIEL, 000–00–0000 RAYMOND J. DEPTULA, 000–00–0000 that we follow the procedure outlined HARRY D. ELSHIRE, 000–00–0000 MICHAEL R. DESROSIERS, 000–00–0000 under the previous unanimous-consent THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN Q. DICKMANN, JR., 000–00–0000 AS PERMANENT PROFESSOR, U.S. AIR FORCE ACADEMY, STEVEN J. DINOBILE, 000–00–0000 agreement for the passage of the House UNDER SECTION 9333(B) OF TITLE 10, UNITED STATES MICHAEL F. DIONIAN, 000–00–0000 bill? CODE. DAVID B. DITTMER, 000–00–0000 PHILIP K. DOUGHERTY, 000–00–0000 The PRESIDING OFFICER. No fur- LINE JAMES P. DRISCOLL, 000–00–0000 ther action is required according to our To be colonel RANDY S. DUHRKOPF, 000–00–0000 STEVEN P. DUNKLE, 000–00–0000 previous agreement. DAVID B. PORTER, 000–00–0000 MICHAEL J. DUPREY, 000–00–0000

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DANIEL C. DUQUETTE, 000–00–0000 LEONARD A. LOLLAR, 000–00–0000 CHARLES G. SANDERS, 000–00–0000 JOSEPH M. FARBO, 000–00–0000 PATRICK J. LORGE, 000–00–0000 RONALD A. SANDOVAL, 000–00–0000 CHRISTOPHER P. FEDYSCHYN, 000–00–0000 SPOTRIZANO D. LUGTU, 000–00–0000 JEFFREY T. SAWYER, 000–00–0000 JOHN E. FIELD II, 000–00–0000 GREGORY N. LUTTRELL, 000–00–0000 KEVIN P. SCHAAFF, 000–00–0000 ROBERT C. FIELD, 000–00–0000 DANIEL G. LYNCH, 000–00–0000 THOMAS A. SCHIBLER, 000–00–0000 MICHAEL R. FIERRO, 000–00–0000 JOSEPH S. LYON, JR., 000–00–0000 ROBERT S. SCHRADER, 000–00–0000 SCOTT R. FINN, 000–00–0000 GARRY R. MACE, 000–00–0000 GREGORY W. SCHWENK, 000–00–0000 DAVID K. FLESNER, 000–00–0000 DAVID L. MAC PHERSON, 000–00–0000 PETER J. SCIABARRA, 000–00–0000 FREDERIC P. FLIGHT, 000–00–0000 THOMAS A. MAGNO, 000–00–0000 GEOFFREY M. SCOTT, 000–00–0000 KENT V. FLOWERS, 000–00–0000 LAUREEN M. MAHONEY, 000–00–0000 HENRY C. SCOTT, 000–00–0000 JAMES G. FOGGO III, 000–00–0000 THOMAS E. MANGOLD, JR., 000–00–0000 RICHARD P. SCUDDER, 000–00–0000 DONALD C. FORBES, 000–00–0000 JANET K. MARNANE, 000–00–0000 DANIEL R. SEESHOLTZ, 000–00–0000 STUART T. FORSYTH, 000–00–0000 JEFFREY P. MARQUARDT, 000–00–0000 PATRICK F. SEIDEL, 000–00–0000 MICHAEL T. FRANKEN, 000–00–0000 WILLIAM J. MARR, 000–00–0000 STEPHEN M. SENTEIO, 000–00–0000 PETER S. FRANO, 000–00–0000 DONALD J. MARRIN, 000–00–0000 DAVID W. SERHAN, 000–00–0000 JAY S. GALLAMORE, 000–00–0000 EDWARD J. MARTIN, JR., 000–00–0000 ROBERT A. SHAFER, 000–00–0000 TIMOTHY J. GALPIN, 000–00–0000 MICHAEL G. MARTIN, 000–00–0000 GREGG S. SHALLAN, 000–00–0000 DAVID G. GAMBLE, 000–00–0000 RICHARD J. MARTIN, 000–00–0000 JAMES J. SHANNON, 000–00–0000 CHARLES M. GAOUETTE, 000–00–0000 PAUL R. MARTINEZ, 000–00–0000 WAYNE D. SHARER, 000–00–0000 MATTHEW J. GARSIDE, 000–00–0000 KEVIN J. MASON, 000–00–0000 MICHAEL SHERLOCK, 000–00–0000 MICHAEL A. GARZA, 000–00–0000 ERIC J.J. MASSA, 000–00–0000 JAY P. SHERMAN, 000–00–0000 EDWARD W. GEHRKE, 000–00–0000 MICHAEL G. MAYER, 000–00–0000 TROY M. SHOEMAKER, 000–00–0000 CHARLES A. GERRINGER, 000–00–0000 JOHN MC CANDLISH, 000–00–0000 RICHARD J. SHY, 000–00–0000 MICHAEL F. GIANCATARINO, 000–00–0000 KEVIN D. MC CARTY, 000–00–0000 JAMES R. SICKMIER, 000–00–0000 JOHN L. GIFFIN, JR., 000–00–0000 FRANCIS R. MC CULLOCH, 000–00–0000 JORGE SIERRA, 000–00–0000 JAMES J. GILLCRIST, 000–00–0000 MARK A. MC DANIEL, 000–00–0000 ANDREW C. SIGLER, JR., 000–00–0000 SHAUN GILLILLAND, 000–00–0000 ROBERT I. MC GRATH, JR., 000–00–0000 WILLIAM S. SIMMONS, 000–00–0000 MARK S. GINDA, 000–00–0000 PATRICK E. MC KENNA, 000–00–0000 MARTIN S. SIMON, 000–00–0000 MICHAEL K. GLEASON, 000–00–0000 MICHAEL MC KINNON, 000–00–0000 GREGORY H. SKINNER, 000–00–0000 RICHARD W. GOODWYN, 000–00–0000 MICHAEL E. MC LAUGHLIN, 000–00–0000 GEORGE S. SMITH, 000–00–0000 BRIAN A. GOULDING, 000–00–0000 ROBERT P. MC LAUGHLIN, JR., 000–00–0000 PATRICK D. SMITH, 000–00–0000 JAUN M. GRADO, 000–00–0000 MARK P. MC MILLEN, 000–00–0000 SCOTT E. SMITH, 000–00–0000 SCOTT C. GRANT, 000–00–0000 MICHAEL P. MC NELLIS, 000–00–0000 JOHN J. SORCE, 000–00–0000 BENNY G. GREEN, 000–00–0000 PATRICK W. MENAH, 000–00–0000 CHRISTOPHER K. SPAIN, 000–00–0000 ROBERT E. GREEN, 000–00–0000 DONALD W. MENNECKE, 000–00–0000 THOMAS A. GREEN, 000–00–0000 ROBERT A. MESLER, 000–00–0000 DAVID J. SPANGLER, 000–00–0000 STEPHEN GREENE, 000–00–0000 DEE L. MEWBOURNE, 000–00–0000 KENNETH V. SPIRO, JR., 000–00–0000 ROBERT J. GREGG, JR., 000–00–0000 MARSHALL N. MILLARD, 000–00–0000 GORDON E. SPOTTECK, 000–00–0000 NATHAN M. GRIMES, 000–00–0000 JOHN S. MILLER, 000–00–0000 MICHAEL J. STAHL, 000–00–0000 JOEL T. GRINER, JR., 000–00–0000 KEVIN P. MILLER, 000–00–0000 WAYNE P. STAMPER, 000–00–0000 JEFFREY K. GRUETZMACHER, 000–00–0000 SPENCER L. MILLER, 000–00–0000 ALBERT L. ST CLAIR, 000–00–0000 THEODORE GUILLORY, 000–00–0000 STEWART A. MILLER, 000–00–0000 LOUIS S. STECKLER, 000–00–0000 PETER A. GUMATAOTAO, 000–00–0000 TERRY T. MILLER, 000–00–0000 RONALD S. STEED, 000–00–0000 THOMAS C. GURNEY, 000–00–0000 HOWARD S. MINYARD, 000–00–0000 JAMES C. STEIN, 000–00–0000 WILLIAM B. HAFLICH, 000–00–0000 JOHN J. MISIASZEK, 000–00–0000 PAUL O. STEVERMER, 000–00–0000 LAWRENCE C. HALE, 000–00–0000 ALEXANDER S. MISKIEWICZ, 000–00–0000 JEFFREY A. STILLWAGON, 000–00–0000 WILLIAM M. HALSEY, 000–00–0000 MARK P. MOLIDOR, 000–00–0000 ROBERT P. STRAIT, 000–00–0000 MICHAEL D. HAMELE, 000–00–0000 PAUL O. MONGER, 000–00–0000 FREDERICK M. STRAUGHAN, 000–00–0000 JAMES W. HAMILL, 000–00–0000 NORMAN B. MOORE, 000–00–0000 JAMES O. STUTZ, 000–00–0000 WILLIAM C. HAMMILL, JR., 000–00–0000 ROBERT E. MORABITO, 000–00–0000 JAMES R. SULLIVAN, 000–00–0000 EARL K. HAMPTON, JR., 000–00–0000 WILLIAM F. MORAN, 000–00–0000 GENE A. SUMMERLIN II, 000–00–0000 STEPHEN W. HAMPTON, 000–00–0000 PETER W. MORFORD, 000–00–0000 KENNETH A. SWAN, 000–00–0000 KEVIN J. HANEY, 000–00–0000 WILLIAM P. MORGAN, 000–00–0000 REID S. TANAKA, 000–00–0000 JEFFREY HARBESON, 000–00–0000 JEFFREY L. MORMAN, 000–00–0000 JAMES C. TANNER, 000–00–0000 WILLIAM E. HARDY, 000–00–0000 KENNETH D. MOSLEY, 000–00–0000 SCOTT K. TAUBE, 000–00–0000 STEVEN R. HARPER, 000–00–0000 JOSEPH W. MURPHY, 000–00–0000 GEORGE D. TAYLOR, JR., 000–00–0000 JOHN H. HART, 000–00–0000 PETER D. MURPHY, 000–00–0000 JEFFREY A. TAYLOR, 000–00–0000 JOHN R. HATTEN, 000–00–0000 JAMES P. MURRAY, 000–00–0000 RICHARD L. TERRELL, JR., 000–00–0000 MICHAEL D. HAWLEY, 000–00–0000 RICHARD M. MEYER, JR., 000–00–0000 ROBERT S. TEUFEL, 000–00–0000 SAMUEL H. HAWLEY, 000–00–0000 JAMES R. NAULT, 000–00–0000 ALBERT A. THOMAS, 000–00–0000 JAMES D. HEFFERNAN, 000–00–0000 JAIME NAVARRO, 000–00–0000 GARY H. THOMPSON, 000–00–0000 GERALD L. HEHE, 000–00–0000 KEVIN W. NICHOLAS, 000–00–0000 KENNETH H. THOMPSON, 000–00–0000 GEORGE B. HENDRICKSON, 000–00–0000 BRUCE W. NICHOLS, 000–00–0000 JONATHAN F. TOBIAS, 000–00–0000 THOMAS J. HENNING, 000–00–0000 CHARLES L. NICHOLSON, 000–00–0000 BRIAN R. TOON, 000–00–0000 JEFFREY A. HESTERMAN, 000–00–0000 STEVEN K. NOCE, 000–00–0000 KEVIN M. TORCOLINI, 000–00–0000 JOSEPH M. HINSON, JR., 000–00–0000 DAVID T. NORRIS, 000–00–0000 EDMUND L. TURNER, 000–00–0000 KEVIN J. HOGAN, 000–00–0000 KENNETH J. NORTON, 000–00–0000 DAVID K. TUTTLE, 000–00–0000 NEIL W. T. HOGG, 000–00–0000 GREGORY M. NOSOL, 000–00–0000 JOSE A. VAZQUEZ, 000–00–0000 DAVID P. HOLT, 000–00–0000 O’CONNOR, SEAN E., 000–00–0000 SCOTT D. WADDLE, 000–00–0000 HAROLD H. HOWARD III, 000–00–0000 MICHAEL R. OLMSTEAD, 000–00–0000 RICHARD S. WAGNER, 000–00–0000 SCOTT J. HOWE, 000–00–0000 THOMAS E. O’LOUGHLIN, 000–00–0000 MICHAEL A. WALLEY, 000–00–0000 JAMES A. HUBBARD, 000–00–0000 GREGORY J. OLSEN, 000–00–0000 TERRY L. WASHBURN, 000–00–0000 GERARD P. HUEBER, 000–00–0000 STEPHANIE S. ORAM, 000–00–0000 GERALD V. WEERS, 000–00–0000 KEVIN C. HUTCHESON, 000–00–0000 PATRICK E. O’ROURKE, 000–00–0000 BRAD M. WEINER, 000–00–0000 KERRY D. INGALLS, 000–00–0000 GREGORY D. OSBORNE, 000–00–0000 ALAN C. WESTPHAL, 000–00–0000 KURT T. IRGENS, 000–00–0000 DAVID T. OTT, 000–00–0000 CHARLES L. WHEELER, 000–00–0000 RAYMOND C. IVIE, 000–00–0000 JOE H. PARKER, 000–00–0000 PETER O. WHEELER, 000–00–0000 WALTER B. JACKSON, 000–00–0000 RANDY O. PARRISH, 000–00–0000 SCOTT A. WHITE, 000–00–0000 JACK B. JAMES, 000–00–0000 DAVID F. PASCHALL, 000–00–0000 THOMAS M. WILCOX, 000–00–0000 TIMOTHY A. JARA, 000–00–0000 JOHN F. PATTEN, II, 000–00–0000 CRAIG B. WILLIAMS, 000–00–0000 MARK D. JENKINS, 000–00–0000 MARK D. PATTON, 000–00–0000 ANDREAS M. WILSON, 000–00–0000 MICHAEL R. JOHNSON, 000–00–0000 MARTIN PAULAITIS, 000–00–0000 BRIAN F. WILSON, 000–00–0000 DOUGLAS W. JOHNSTON, JR., 000–00–0000 RULON K. PAYNE, 000–00–0000 GARY R. WINDHORST, 000–00–0000 JEFFERY S. JONES, 000–00–0000 TILGHMAN D. PAYNE, 000–00–0000 EDWARD R. WOLFE, 000–00–0000 MICHAEL L. JORDAN, 000–00–0000 DANIEL T. PEDERSEN, 000–00–0000 DAVID K. WRIGHT, 000–00–0000 STEPHEN W. JORDON, 000–00–0000 SVEND E. PEDERSEN, 000–00–0000 RAYMOND K. WYNNE, 000–00–0000 ERIC J. KASISKI, 000–00–0000 RICARDO PEREZ, 000–00–0000 JOAN M. ZITTERKOPF, 000–00–0000 JON W. KAUFMANN, 000–00–0000 KENNETH M. PERRY, 000–00–0000 ENGINEERING DUTY OFFICERS STEPHEN Z. KELETY, 000–00–0000 RICHARD L. PERRY, 000–00–0000 DANIEL P. KELLER, 000–00–0000 MICHAEL PHILLIPS, 000–00–0000 JOAN E. BAUMSTARCK, 000–00–0000 PATRICK D. KELLER, 000–00–0000 JOHN H. PIERSE, 000–00–0000 CHARLES D. BEHRLE, 000–00–0000 DAVID J. KERN, 000–00–0000 ALFRED L. POPE, 000–00–0000 TERRY J. BENEDICT, 000–00–0000 CHARLES P. KING, 000–00–0000 DANIEL E. PRINCE, 000–00–0000 RICHARD D. BERKEY, 000–00–0000 RANDY H. KING, 000–00–0000 SEAN A. PYBUS, 000–00–0000 BRUCE C. BINNEY, 000–00–0000 THOMAS S. KING, 000–00–0000 LOYD E. PYLE, JR., 000–00–0000 RICHARD J. BONCAL, 000–00–0000 ROSS L. KIRKPATRICK, 000–00–0000 JOHN M. QUIGLEY, JR., 000–00–0000 JOHN L. BRAUN, 000–00–0000 MARGARET D. KLEIN, 000–00–0000 PATRICK F. RAINEY, 000–00–0000 ROOSEVELT, BRAXTON, JR., 000–00–0000 BRADFORD M. KLEMSTINE, 000–00–0000 ERIC H. RANDALL, 000–00–0000 JOSEPH F. CAMPBELL, 000–00–0000 ROBERT L. KLOSTERMAN, 000–00–0000 JOEL C. REAVES, 000–00–0000 HARRY COCKER, JR., 000–00–0000 MATTHEW L. KLUNDER, 000–00–0000 GARY S. REINHART, 000–00–0000 ROBERT E. CONNOLLY, 000–00–0000 JOHN B. KRATOVIL, 000–00–0000 DAVID RICKER, 000–00–0000 REID S. DAVIS, 000–00–0000 RONALD A. KRATZKE, 000–00–0000 CRAIG L. RIDDLE, 000–00–0000 MARC S. DEANGELIS, 000–00–0000 KAREN M. KRAUSE, 000–00–0000 CURTIS A. RIDEOUT, 000–00–0000 WILLIAM D. DONER, 000–00–0000 JOSEPH A. KUPCHA, 000–00–0000 ROBERT F. RIEHL, 000–00–0000 THOMAS J. ECCLES, 000–00–0000 ROBERT A. KURZAWA, 000–00–0000 JAMES R. RIGHTER, JR., 000–00–0000 TERRENCE L. EWALD, 000–00–0000 JOSEPH W. KUZMICK, 000–00–0000 JOHN T. RIRIE, 000–00–0000 MICHAEL J. GALLET, 000–00–0000 GREGORY F. LABUDA, 000–00–0000 DONALD P. ROANE, JR., 000–00–0000 JOSEPH GIAQUINTO, 000–00–0000 LANNIE R. LAKE, 000–00–0000 JOHN E. ROBERTI, 000–00–0000 JAMES G. GREEN, 000–00–0000 RICHARD B. LANDOLT, 000–00–0000 DAVID C. ROBERTSON JR., 000–00–0000 JOSEPH P. HEIL, 000–00–0000 ARTHUR L. LANGSTON, 000–00–0000 SCOTT A. ROBINSON, 000–00–0000 RICHARD W. HOOPER, 000–00–0000 RONALD A. LASALVIA, 000–00–0000 JOHN J. ROESNER, 000–00–0000 JAMES R. HUSS, 000–00–0000 BRIAN M. LEWIS, 000–00–0000 CRAIG A. ROLL, 000–00–0000 DENNIS C. LOGAN, 000–00–0000 PORTER W. LEWIS, 000–00–0000 LARRY G. ROMIG, JR., 000–00–0000 MARGARET A. MC CLOSKEY, 000–00–0000 KIRK S. LIPPOLD, 000–00–0000 STEPHEN C. RORKE, 000–00–0000 JOSEPH L. MC GETTIGAN, 000–00–0000 DALE E. LITTLE, 000–00–0000 KENNETH C. RYAN, 000–00–0000 MICHAEL E. MELVIN, 000–00–0000 ROBERT L. LOEH, 000–00–0000 WARREN S. RYDER, 000–00–0000 STEPHEN D. METZ, 000–00–0000 DONALD F. LOGAR, 000–00–0000 JOHN P. SACHLEBEN, 000–00–0000 BRIAN S. MILLER, 000–00–0000

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00143 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S8064 CONGRESSIONAL RECORD — SENATE July 17, 1996

JARRATT M. MOWERY, 000–00–0000 MICHAEL S. EDINGER, 000–00–0000 LEIGH M. TRISLER, 000–00–0000 JOHN F. O’TOOLE, 000–00–0000 JOE G. ESTILL, 000–00–0000 DIANE J. B. WATABAYASHI, 000–00–0000 ROBERT L. POSEY, 000–00–0000 DEBRA A. GUSTOWSKI, 000–00–0000 ROXANE E. WHALEN, 000–00–0000 BRYON K. PRICE, 000–00–0000 JAMES M. HAM, 000–00–0000 JERALD M. WHITE, 000–00–0000 RENEE REEDY, 000–00–0000 MIRIAM N. HARRIS, 000–00–0000 LAURANNE L. WILLIAMS, 000–00–0000 JOHN D. ROBINSON, 000–00–0000 JOSEPH B. HOEING, JR., 000–00–0000 MICHAEL A. SCHWARTZ, 000–00–0000 DOUGLAS M. HOWARD, 000–00–0000 SPECIAL DUTY OFFICERS (OCEANOGRAPHY) JOHN I. KITTLE, 000–00–0000 AMY R. SMITH, 000–00–0000 VICTOR G. ADDISON, JR., 000–00–0000 SARAH B. KOVEL, 000–00–0000 JOHN K. STENARD, 000–00–0000 JOSE F. H. ATANGAN, 000–00–0000 THOMAS P. MEEK, 000–00–0000 PATRICIA M. SUDOL, 000–00–0000 GEORGE P. DAVIS, JR., 000–00–0000 MICHAEL R. MICHAELS, 000–00–0000 JOSEPH A. SYCHTERZ, III, 000–00–0000 MICHAEL E. DOTSON, 000–00–0000 FRANK J. MURPHY, 000–00–0000 KEVIN B. TAYLOR, 000–00–0000 LAWRENCE J. GORDON, 000–00–0000 DIANE H. OLSON, 000–00–0000 FRANK J. WEINGARTNER, 000–00–0000 BRUCE M. HAGAMAN, 000–00–0000 DANIEL W. PROCTOR, 000–00–0000 EDWARD D. WHITE, III, 000–00–0000 RICHARD J. KREN, 000–00–0000 MICHAEL A. ZIEGLER, 000–00–0000 CRAIG W. PRUDEN, 000–00–0000 JUDY M. SLAGHT, 000–00–0000 ARTHUR R. PARSONS, 000–00–0000 AEROSPACE ENGINEERING DUTY OFFICERS DANIEL J. SMITH, 000–00–0000 MICHAEL D. PASHKEVICH, 000–00–0000 RYAN R. SCHULTZ, 000–00–0000 (ENGINEERING) PETER F. SMITH, 000–00–0000 ELIZABETH L. TRAIN, 000–00–0000 FREDRICK M. TETTELBACH, II, 000–00–0000 EDMUNDO F. BELLINI, 000–00–0000 WILLIAM D. TREADWAY, 000–00–0000 ZDENKA S. WILLIS, 000–00–0000 KIM D. BLAKE, 000–00–0000 LIMITED DUTY OFFICERS (LINE) STEPHEN A. BURRIS, 000–00–0000 SPECIAL DUTY OFFICERS (PUBLIC AFFAIRS) JAMES M. CLIFTON, 000–00–0000 BETSY J. BIRD, 000–00–0000 ROBERT W. ARCHER, 000–00–0000 DAVID CULBERTSON, 000–00–0000 JEFFERY D. GRADECK, 000–00–0000 ARNOLD L. BENTLEY, 000–00–0000 DAVID A. DUNAWAY, 000–00–0000 FREDERIC A. HENNEY, JR., 000–00–0000 WILLIAM W. COMBS, 000–00–0000 ROBERT K. FINLAYSON II, 000–00–0000 JOHN J. PAPP, 000–00–0000 JAMES M. CONDON, JR., 000–00–0000 THOMAS P. GARRISON III, 000–00–0000 JOHN H. SINGLEY, 000–00–0000 ALAN P. DANAHER, 000–00–0000 DANIEL M. LEE, 000–00–0000 GREGORY J. SMITH, 000–00–0000 GEORGE W. DAVIDSON, 000–00–0000 JEFFREY B. MAURO, 000–00–0000 MICHAEL A. DIMMICK, 000–00–0000 DAVID C. STUART, 000–00–0000 SPECIAL DUTY OFFICERS (FLEET SUPPORT) STEPHEN J. ELLIS, 000–00–0000 KEVIN T. WILHELM, 000–00–0000 RICHARD J. ELVROM, 000–00–0000 ANGELA L. ABRAHAMSON, 000–00–0000 LEO O. FALARDEAU, 000–00–0000 MAUREEN ALEXANDER, 000–00–0000 AEROSPACE ENGINEERING DUTY OFFICERS ROBERT J. FIEGEL, JR., 000–00–0000 DAVID R. ARNOLD, 000–00–0000 (MAINTENANCE) DARRYL S. GIRTZ, 000–00–0000 TERESA A. BARRETT, 000–00–0000 BRUCE C. LEWIA, 000–00–0000 STEPHEN W. BARTLETT, 000–00–0000 SALLY A. BENSON, 000–00–0000 GUIDO E. MANGIANTINI, 000–00–0000 MICHAEL G. BERKIN, 000–00–0000 DEBRA K. BISHOP, 000–00–0000 JAMES A. MC DOWELL, 000–00–0000 T. G. BOYER II, 000–00–0000 MARY S. BLANKENSHIP, 000–00–0000 JOHN S. MIKELL, JR., 000–00–0000 STEVEN J. COBB, 000–00–0000 BRENDA K. BOORDA, 000–00–0000 HOWARD P. MILLER, 000–00–0000 SAMUEL G. COWARD, 000–00–0000 ELLEN S. BRISTOW, 000–00–0000 CYRUS B. MURPHY, 000–00–0000 DONALD D. FATHKE, 000–00–0000 JILL BROWNE, 000–00–0000 DAVID B. ODENWELDER, 000–00–0000 BRIAN A. FORSYTH, 000–00–0000 NEIL C. BUTLER, 000–00–0000 WILLIAM PAPPAS, 000–00–0000 THOMAS F. GLASS, 000–00–0000 PATRICIA A. CALER, 000–00–0000 MONTE R. PERAU, 000–00–0000 ANTHONY S. HANKINS, 000–00–0000 JAY W. CHESKY, 000–00–0000 HAROLD L. RICKETTS, JR., 000–00–0000 JOHN M. HINE, 000–00–0000 LOURDES M. CORTES, 000–00–0000 JIM O. ROMANO, 000–00–0000 DAVID J. MCNAMARA, 000–00–0000 MICHAL A. COX, 000–00–0000 MICHAEL J. SCHARF, 000–00–0000 DENZIL E. OVERFELT, 000–00–0000 TRECI D. DIMAS, 000–00–0000 HERMAN B. SCHIRMER, 000–00–0000 JAMES M. TUNG, 000–00–0000 CHRISTINE S. DOWNING, 000–00–0000 RICHARD E. THAYER, JR., 000–00–0000 JAMES W. WIRWILLE, JR, 000–00–0000 DORICE S. FAVORITE, 000–00–0000 JAMES A. THOMPSON, JR., 000–00–0000 SUSAN E. FICKLIN, 000–00–0000 WARREN E. TUTHILL, JR., 000–00–0000 AVIATION DUTY OFFICERS JANETTE S. FITZSIMMONS, 000–00–0000 ROBERT E. VANIDERSTINE, 000–00–0000 JUDITH L. FRAINIER, 000–00–0000 ROBERT M. FIELD, 000–00–0000 IRVING, VELEZ, 000–00–0000 JILL C. GARZONE, 000–00–0000 MARK FRANEY, 000–00–0000 JAMES A. WESELIS, 000–00–0000 MICHAEL J. SCHIFFER, 000–00–0000 DONNA B. GEREN, 000–00–0000 MARGARET Y. HALL, 000–00–0000 SPECIAL DUTY OFFICERS (CRYPTOLOGY) SUSAN L. HEON, 000–00–0000 f LEYDA J. HILERA, 000–00–0000 KATHLEEN J. BRANCH, 000–00–0000 MARGARET M. HODASWALSH, 000–00–0000 GERALD T. BURNETTE, 000–00–0000 AVA M.A. HOWARD, 000–00–0000 CONFIRMATIONS WILLIAM CALDERWOOD, 000–00–0000 BETH E. JAMES, 000–00–0000 FLORENCIO L. CAMPELLO, 000–00–0000 RITA L. JOHNSTON, 000–00–0000 Executive Nominations Confirmed by PHILLIP F. FIORILLI, 000–00–0000 YOUNG O. KIM, 000–00–0000 the Senate July 17, 1996: RONALD L. FURLONG, 000–00–0000 SUZANNE L. KRUPPA, 000–00–0000 JAMES P. HARGROVE, 000–00–0000 JUDITH A.H. LEE, 000–00–0000 THE JUDICIARY PAUL J. JAEGER, 000–00–0000 MARGARET Q. LYLE, 000–00–0000 MICHAEL L. MAKFINSKY, 000–00–0000 DEBRA O. MADDRELL, 000–00–0000 CHARLES N. CLEVERT, JR., OF WISCONSIN, TO BE U.S. STEPHANIE A. MARKAM, 000–00–0000 BERNADETTE M. MARINARO, 000–00–0000 DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WIS- MICHAEL S. ROGERS, 000–00–0000 KATHLEEN C. MC CARTHY, 000–00–0000 CONSIN. FRANCIS R. SLATTERY, 000–00–0000 ANGELA D. MC COY, 000–00–0000 PUBLIC HEALTH SERVICE GARE M. WRAGG, 000–00–0000 MARYANN MC GRIFF, 000–00–0000 SPECIAL DUTY OFFICERS (INTELLIGENCE) CYNTHIA A. MURNAN, 000–00–0000 PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING TRINORA E. PINTOSASSMAN, 000–00–0000 MICHAEL M. GOTTESMAN, AND ENDING WILLARD E. THOMAS C. BAUS, 000–00–0000 LESLIE J. QUINN, 000–00–0000 DAUSE, WHICH NOMINATIONS WERE RECEIVED BY THE PAUL F. BURKEY, 000–00–0000 LILIA L. RAMIREZ, 000–00–0000 SENATE AND APPEARED IN THE CONGRESSIONAL ALEXANDER P. BUTTERFIELD, 000–00–0000 VALERIE C. REINERT, 000–00–0000 RECORD ON MAY 1, 1996. THOMAS R. CROMPTON, JR., 000–00–0000 SUSAN R. SABLAN, 000–00–0000 PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING ERIK J. DAHL, 000–00–0000 CORINNE C. SEGURA, 000–00–0000 JOHN M. BALINTONA, AND ENDING KIMBERLY S. STOLZ, MARTIN J. DEWING, 000–00–0000 ROBERTA STEIN, 000–00–0000 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PATRICK F. DONOHUE, 000–00–0000 BARBARA A. STRICKLAND, 000–00–0000 AND APPEARED IN THE CONGRESSIONAL RECORD ON TIMOTHY L. DUVALL, 000–00–0000 JULIA A. THUR, 000–00–0000 JUNE 10, 1996.

VerDate Aug 31 2005 05:33 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00144 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S17JY6.REC S17JY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1295 EXTENSIONS OF REMARKS

OUR FLAWED ENCRYPTION encryption programs without key escrow re- I remembered this when I learned Con- POLICIES quirements are already widely available. gressman Emerson, who represented South- I support a stronger, bipartisan effort to east Missouri in Congress 15 years, died last HON. ANNA G. ESHOO relax U.S. export restrictions while protecting weekend at age 58. He was elected U.S. representative five OF CALIFORNIA our national security interests. The Security and Freedom Through Encryption Act [SAFE] months after I became a newspaperman, and IN THE HOUSE OF REPRESENTATIVES would ensure that Americans are free to use our career paths crossed numerous times. Tuesday, July 16, 1996 any encryption package anywhere, prohibit Helped into office by Ronald Reagan’s coat- tails in 1980, he beat a long-time incumbent Ms. ESHOO. Mr. Speaker, today we are mandatory key escrow schemes, guarantee companies the ability to sell any encryption whom constituents believed cared more for considering the Export Control Act, which gov- Jimmy Carter’s attention than their inter- erns the export of dual use technologies. Iron- package within the United States, and make it ests. ically, it does not govern the export of unlawful to use encryption to commit a crime. encryption software, which is considered a Most important, it would allow U.S. busi- Thus, Mr. Emerson became the first non- Democrat to hold the Southeast Missouri munition, and is regulated under the Arms Ex- nesses to export encryption software if prod- ucts with comparable security capabilities are congressional seat in four decades. In the port Control Act. In fact, encryption software is cotton-rich reaches of New Madrid County, absolutely vital in national security, electronic commercially available from a foreign supplier. where I grew up, they tolerated boll weevils commerce, and personal privacy applications. In effect, American encryption exports would more readily than Republicans, yet the con- I can't imagine a technology that has more ci- be stronger, but offer no greater threat to the gressman managed to win seven subsequent vilian as well as defense applicationsÐthe United States than other products already elections. The nick-name for the growing le- very definition of dual use. being used abroad. gion of crossover voters was ‘‘Emercrats.’’ I am very concerned that current Federal Reforming America's encryption export pol- Other Republican congressional hopefuls controls are holding American high tech com- icy is important for high tech companies hop- didn’t have such luck in those days, and Mr. panies back from developing and marketing ing to increase their sales, businesses that Emerson became a working-stiff representa- superior encryption products. While I under- want better security for their computers, online tive in the out-numbered party. He paid at- stand that these controls are aimed at keeping entrepreneurs looking to tap a global market tention to his agricultural constituency, powerful encryption out of the hands of terror- for their services, and e-mail users who desire went about the business of serving his dis- ists and hostile nations, they are succeeding more privacy for their electronic messages. trict and occasionally called out back-bench- only in keeping foreign customers away from SAFE offers a way to achieve all these goals er objections to Tip O’Neill and Jim Wright American products. and protect our national security interests at and Tom Foley, the power brokers of his chamber. As you know, current U.S. policy only allows the same time. export of software with 40-bit encryption, while f Defying the stereotype of the GOP as compassionless, Mr. Emerson adopted world most encryption users prefer stronger 56-bit LAWMAKER TRANSCENDED products that are already available on the hunger issues as his own. He championed the TYPICAL WASHINGTON POLITICS international aid program known as Food for Internet and from foreign manufacturers. In Peace, and struck up an unlikely alliance fact, over 200 foreign encryption programs are with House colleague Mickey Leland, the now available in 21 countries. HON. PAT DANNER OF MISSOURI Houston Democrat who died when his plane This imbalance between what the market crashed during a fact-finding mission to IN THE HOUSE OF REPRESENTATIVES wants and U.S. law allows is creating a major Ethiopia in 1989. Tuesday, July 16, 1996 economic problem for American companies. The urban African-American and rural Re- An industry study found that current export re- Ms. DANNER. Mr. Speaker, this opinion publican were strange bedfellows who trav- strictions could cost U.S. businesses $30 bil- piece by Ken Newton of the St. Joseph News- eled together to famine-stricken areas a lion to $60 billion by the year 2000. Press summarizes the feelings of so many number of times, bound by a cause and not Further, current restrictions on U.S. people who have admired the late Congress- separated by partisanship. When Mr. Leland encryption exports limit the types of products man Bill Emerson of Missouri. I would like to died, the Missourian’s eulogy was among the most moving. available here at home. It can be prohibitively place this article in the CONGRESSIONAL expensive for companies to make two ver- RECORD so it can be recorded in history with The glorious irony of Mr. Emerson’s tenure sions of the same softwareÐa weak package the other fine tributes to Bill Emerson. in Congress is that his success as a lawmaker for export and a strong package for domestic [From the St. Joseph News-Press, June 30, grew from inaccessibility to power. For his consumption. As a result, Americans often 1996] first seven terms, he waded into his duties without the necessity of kissing up to leader- only have access to weaker encryption prod- LAWMAKER TRANSCENDED TYPICAL ship or the lure of landing committee chair- ucts. WASHINGTON POLITICS manships; only majority members needed to The administration has responded to this sit- (By Ken Newton) uation with a proposal that is inadequate at apply. Instead he became a representative in Here’s a note from my career filed as a the true sense of that title. best. It would let U.S. companies export soft- missed opportunity. ware with stronger encryptionÐup to 64-bitsÐ The congressman was in his home district The accompanying sad irony is that 10 but only if a key escrow system is attached. conducting a farm tour, and I drew the re- months into the Newt Revolution, when his party finally had the power, Mr. Emerson This key escrow system would require a third porting assignment, a warm morning at a was diagnosed with the lung cancer that party located in the United States (or where university livestock facility. The school’s agriculture chairman was anxious to show would kill him. we have bilateral escrow agreements) to have off the prize boar, which seemed more than the key to encrypted material so the American It is fashionable to regard members of Con- up to the task as it trotted out of its pen, gress cynically, as hogs gone to trough, Government could gain access to it if the Unit- strode up to its guest and, as if scripted, re- greedy souls looking only to perpetuate their ed States determines that our national security lieved itself at the congressman’s feet. political careers and attendant perks. No is at stake. Oblivious to the affront, the hog became doubt, those views are justified with some. This plan is flawed for several reasons. Few the only creature present not caught up in With many, the names that might not make foreign consumers are going to buy American embarrassment or surprise. I slapped my the Sunday morning programs or vice presi- forehead, wishing I had a camera ready. dential short lists, the call to public service encryption software that's compromised by our Bill Emerson, diminished to a fireplug by is enough of a job and a reward. Government. Further, without stringent safe- an incontinent animal, took it well, shaking guards, the administration plan opens the door off his shoes and moving on to whatever Bill Emerson, a good Missourian of low to potential Government violations of personal came next. Life in Washington teaches you profile in life, should be remembered that privacy. And it ignores the fact that foreign to roll with the punches. way.

∑ 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. E1296 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 WISCONSIN WELFARE PLAN cated services of a Denver police officer A well-spring of love deep within quelling ended. Capt. Steve Metros will be fulfilling a the din of blood-laden sin, of the silent HON. RON PACKARD life-time aspiration of 41 years of constant, lives capriciously seized, wringing exu- faithful service to the citizens of the city and berance from the wrought now be- OF CALIFORNIA reaved. IN THE HOUSE OF REPRESENTATIVES county of Denver, CO. Fallicious in their imperious ways Captain Metros was appointed to the rank of Tuesday, July 16, 1996 neologizing life—for neokeynsian pays; patrolman with the Denver Police Department Rationalizing all along with dispersive power Mr. PACKARD. Mr. Speaker, it was not long on January 3, 1956. He has served in virtually of a vascular-throng. ago President Clinton expressed his strong every capacity as a Denver police officer but Dismantling truth with impertinent jargon; support of the Wisconsin welfare reform plan. is especially noted for his superb dedication to false consciousness reeling duress I applaud the President's decision to support battling crime and uncompromising code of through pardon; Governor Thompson's ambitious planÐbut ac- ethics. Captain Metros has served as a role Take Heed and Alarm: For the writ that’s tions speak louder than words. model to innumerable police officers and his been script has kept us alive through Reforming a welfare system that encour- distinguished career leaves a legacy of dedi- bridle and bit. ages dependence and continued vulnerability cated service and commitment. If not for the distal and disparage of many, is a top priority of this Republican-led Con- His pride, reputation, and continued belief in our land would be peaceful and filled with plenty; gress. Welfare was designed to be a safety the performance of members of the depart- Take Heed and Alarm: The fey who are fickle net for those in crises, not the virtual ham- ment have revered him throughout the depart- God won’t be mocked for he comes with mock that it has now become. ment and the community as well. His Sickle. The Wisconsin welfare reform proposal is His willingness to share his knowledge and Culminating my poem is the fact that very similar to the Republican welfare reform words of wisdom and encouragement have Abraham Lincoln our 16th president, in 1863 bill. The Republican plan provides real reform rendered him a mentor to many of his subordi- admonishes the whole American people, in that will lift families out of a destructive cycle nates and associates and to many who will his ‘‘Thanksgiving Proclamation’’, to confess of poverty and dependency. The current wel- follow in his footsteps. their sins and transgressions in humble sor- fare system only serves to make welfare chil- With 41 years of service, he is a part of the row with assured hope and genuine repent- ance that it will lead to mercy and pardon. dren welfare parents. For too many people, foundation of the Denver Police Department and he will be sorely missed. Also to recognize the sublime truth an- welfare has become a way of life; the Repub- nounced in the Holy Scriptures and proven lican welfare reform plan makes welfare a way f by all history, that those nations are blessed of work. PARTIAL BIRTH, VETO—HEARTS whose God is the Lord. Mr. Lincoln goes on Mr. Speaker, welfare weakens the American to warn us that the calamities of the day WAXED COLD family. President Clinton has voiced support could very well be the result of our presump- for a comprehensive welfare overhaul that will tuous sins. He brings to light the peace and help take people off the welfare rolls and put HON. ROBERT K. DORNAN prosperity we’ve enjoyed as a result of God. them on the payrolls. I urge the President to OF CALIFORNIA But Lincoln reiterates how we have forgot- IN THE HOUSE OF REPRESENTATIVES ten the gracious hand which preserved us in sign the waiver for the Wisconsin welfare re- peace and multiplied and enriched and form plan and support the Republican welfare Tuesday, July 16, 1996 strengthened us, and how in the deceitful- reform bill. Mr. DORNAN. Mr. Speaker, some citizens ness of our hearts, we have vainly imagined f are moved to write very moving poetry about that all these blessings were produced by the major moral issue of our timeÐthe horror some superior wisdom or virtue of our own. ANNE E. KEARNS HONORED of abortion. Lincoln saw that we the people get intoxi- cated by unbroken success and become to PARTIAL BIRTH, VETO—HEARTS WAXED COLD self-sufficient to feel the necessity of re- HON. ELIOT L. ENGEL (By Dawn M. Thomas) OF NEW YORK deeming and preserving grace and become to It is pitiful to see ‘‘We the people’ caught proud to pray to the God who made us. So it IN THE HOUSE OF REPRESENTATIVES up in our everyday cares to the extent we let seemed fit and proper for President Abraham Tuesday, July 16, 1996 a small minority of citizens and the perma- Lincoln to invite his fellow citizens in every nent government dictate changes and laws Mr. ENGEL. Mr. Speaker, public service is part of the United States, at sea and sojourn- without the bat of an eyelash as to our ing in foreign lands, to observe a day of the most honorable profession when it is done plight. Our apathy testifies against us! We honestly and well. Anne E. Kearns epitomizes thanksgiving and praise to our beneficent wait until it’s almost too late, and the dam- Father who dwelleth in the heavens. the public servant who has served honestly age has been done. I hope we (voters) will be those respondent The love of money shroud in ‘‘A Woman’s and well for the citizens in the New York City people when we vote. And I hope that next Right to Choose’’ and ‘‘A Woman’s Health at area. Thanksgiving we’ll have shown true honor to Risk’’ has duped us into a lack of compassion She has lived all of her life in New York and our country by the manner in which we for those who cannot defend themselves. Will for the past 20 years has worked for the Fed- the deceitfulness of riches which motivates voted on Nov. 5, 1996. Have our hearts waxed eral Government. Her duties in that time in- the morally ignorant be allowed to wax our cold? As it is today we stand in danger of be- cluded working in the security and engineering hearts cold? We can’t let it happen. It is time coming a third world nation! It is due time departments of the Veteran's Administration to let those silent screams be heard! to stand up and be counted in ‘‘the number!’’ Hospital in the Bronx and working at the New The Partial Birth Abortion Ban Veto is a f York Maritime College where she provided disgrace to ‘‘We the Register readers’’ and a slap in the face to what America stands for TRIBUTE TO ALEXANNA PADILLA support services to uniformed members of the ‘‘One Nation under God indivisible with Lib- HEINEMANN U.S. Navy and Marine Corps. She also made erty and Justice for All!’’ Thanks to Bill significant contributions to the efficient oper- Clinton the word All has been neologized to ation of the Naval Reserve Officers Training mean, only those who live outside the womb. HON. BILL RICHARDSON Corps. If a baby’s head has not emerged it’s not a OF NEW MEXICO Anne Kearns is the consummate public baby. I’m abhorred! The disastrous, devastat- IN THE HOUSE OF REPRESENTATIVES servant who embodies the highest ideals of ing, and disgraceful Clinton veto of the par- Tuesday, July 16, 1996 tial-birth infanticide ban is best summed up government service. I am proud to congratu- in my poem ‘‘Auspicious Dissension’’, (The Mr. RICHARDSON. Mr. Speaker, it is with late her on her retirement. We are losing a promise of good fortune but receiving strife great respect and admiration that I honor distinguished public servant. in it’s stead.) My baby daughter, Sarah, 19 today a fellow New Mexican, good friend and f months old was the only love which could great American, Alexanna Padilla Heinemann. quiet my bleeding soul and quell the tears SALUTE TO CAPTAIN METROS Alexanna Padilla Heinemann is a fifth-gen- which poured down my cheeks after being eration New Mexican. Her father, Alex Padilla, slapped with the horrifying news of Clinton’s veto of the ban. I look in my baby’s eyes, now deceased, was a respected and commit- HON. PATRICIA SCHROEDER ted Santa Fe City Councilman, who was a OF COLORADO then, grasping her close, heartbeat to heart- beat—birthed our poem ‘‘Auspicious Dissen- courageous advocate for the common citizen. IN THE HOUSE OF REPRESENTATIVES sion’’. Alexanna is continuing in the family tradition of Tuesday, July 16, 1996 AUSPICIOUS DISSENSION responding to the needs of those whose cir- Mrs. SCHROEDER. Mr. Speaker, on Mon- Oh! This grandiouse baby in my arms com- cumstances have placed their lives in harm's day, July 15, 1996, the professional and dedi- pels my heart with all her charms; way. She has been especially attentive to the July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1297 troubled conditions of young children by serv- which charities the extra $200,000 raised at job done? The surge of adrenaline may serve ing as a founding member, committee chair- this year’s ball will be donated, she said. De- as a motivating force but being either the man, and board member of the acclaimed cisions will be made by late August. victim or the blamed leaves neither in the Charity projects already slated to receive position to help the community. Buckaroo Ball, an annual event held in Santa money from the proceeds of this year’s ball Conversely, an idea driven by a clear un- Fe, NM, that aids children at risk. are: derstanding, appreciation, and implementa- In its 3-year existence, the Buckaroo Ball The renovation of the Teen Center at the tion of all the resources in the community has donated a total of $1.3 million to chari- Santa Fe Boys & Girls Club; has a life of its own. table entities. Only the 11-year-old Santa Fe A salary for an adult leader for an after- The questions then become, ‘‘Who has a Opera annual fundraiser in Santa Fe rivals the school program offered by Girls Inc.; good idea?’’ and ‘‘Who has the ability to get financial success of the Buckaroo Ball. Children’s educational opportunities and it done?’’ Alexanna Padilla Heinemann recently served pediatric dental equipment for La Familia In one arena at least, the walls have come Medical/Dental Center, which serves pri- down and, three years later, the children of as cochairman of this June 22 event, and a marily low-income families; Santa Fe are over a million dollars richer for lion's share of the credit can be given to her The expansion of grief support and counsel- it. You don’t have to have an agenda, you for its success. Her leadership, combined with ing for youth in 10 Santa Fe County elemen- simply have to love children and feel that tireless, dedicated and skillfull efforts, resulted tary schools offered by the Life Center for gnawing sickness in your gut when you en- in a $500,000 net profit. The funds will be do- Youth and Adults; counter a little one who doesn’t have nated to painstakingly chosen programs and And a program to identify and treat chil- enough: enough food, or safety or love. agencies that provide food, clothing, shelter, dren and teen-agers with eating disorders co- You don’t have to be either rich or have ordinated by Women’s Health Services. protection, and love to children in jeopardy. roots embedded in this dusty soil, to make a big difference in this town. You simply have I am including an article which was pub- NEWCOMERS, NATIVES BOTH HAVE THE to be a clever funnel of talent, energy, and lished in the Santa Fe New Mexican on June SOLUTIONS resources. The more ideas brought to the 27, 1996, in order to provide my esteemed (By Alexanna Padilla Heinemann) pot, the better. colleagues in the House of Representatives Santa Fe. A place of astonishing beauty Think of the children who might have lost additional information about the Buckaroo Ball. and startling anger, with plenty of printed these benefits had we not chosen to keep our In addition, I am sharing a July 1, 1996, space locally and nationally, devoted to eyes open to possibilities. commentary by Alexanna Padilla Heinemann, both. Stories abound about the divisions be- f which was also published in the Santa Fe tween races and classes, between native and TRIBUTE TO DELAWARE COUNTY’S New Mexican. I provide it to my colleagues newcomer, with almost celebratory coverage SWEETHEART because it demonstrates Alexanna's unselfish given to this purported fissure. But there is spirit and unifying philosophy. a seed of change being planted in Santa Fe and I have seen it up close and personal. HON. CURT WELDON I am extremely proud and grateful to know On a clear, starry night, June 22, the citi- Alexanna Padilla Heinemann. I respectfully in- zens of Santa Fe had reason to cheer. The OF PENNSYLVANIA vite all of my colleagues in the House of Rep- plight of children at risk mobilized this com- IN THE HOUSE OF REPRESENTATIVES resentatives to join me in giving tribute to this munity and a committee of 80 women volun- Tuesday, July 16, 1996 esteemed New Mexican. teers to produce the third annual Buckaroo The article follows: Ball. The count came in a couple of days Mr. WELDON of Pennsylvania. Mr. Speaker, later: the Buckaroo Ball had netted $500,000, I rise today to pay tribute to an outstanding BUCKAROO BALL NETS $500,000 FOR CHARITY which it would hand over to meticulously re- singer-comedienne, woman, mother, grand- (By Hollis Walker) searched children’s programs and agencies. mother, and wife, Mrs. Julie DeJohn Patter- For the third year in a row, the 80 women As Buckaroo Ball co-chair this year along son, who passed away Sunday, July 14, 1996, who put on the Buckaroo Ball proved they with Elizabeth Smith, I can be proud of a at the age of 68. Julie was born and raised in could do a better job than they predicted. committee and grateful for a community Chester, PA, and spent most of her adult life Preliminary accounting shows last Satur- that could make it possible to pour this un- day’s ball, a three-year-old charity benefit- precedented amount into a cause that des- residing in Concord Township, PA, with her ing Santa Fe County children, netted about perately needs it. But there is a subtle dy- husband, David, and their two sons, David $500,000–$200,000 more than the Buckaroo Ball namic at play here, no less profound than and Patrick, who is a longtime member of my Committee pledged to raise. the splashy party or abundant funding the congressional staff. After this year’s contributions are made, Buckaroo Ball affords. Known to many as Delaware County's the ball will have donated nearly $1.3 million As a fifth-generation New Mexican with a Sweetheart, Julie had a career in show busi- to charities. father who was a city councilman and an ness which lasted for over 40 years. Her ca- Buckaroo Ball co-chair: Alexanna Padilla uncle who designed the state license plate, reer took her around the world to the most Heinemann said she could not credit any sin- my regional roots are firm. I have had my gle aspect of the multi-faceted fund-raising turn at a lamenting, divisive frame of mind. popular night clubs and concert halls in Can- effort for the increased success this year. But those years of criticizing and complain- ada, Europe, Australia, and the United States, ‘‘But this party had a particularly good ing were fed by an erroneous notion: that including an engagement at Carnegie Hall. feeling about it,’’ she said. ‘‘Everybody’s newcomers are coming here to leave their Julie's television career included the ``Ed Sulli- spirits were so high; Pam Tillis was an in- cash and build their flash without giving one van Show,'' the ``Tonight Show,'' and a record credibly energetic performer, the tent deco- crumb beyond self-serving consumption. The 77 appearances on the ``Mike Douglas Show.'' rations, which only cost $500, looked great. error and harm that lie in this notion hold But some of her brightest moments came ‘‘And it even rained for us, just before the the potential to undo this community. party,’’ she said. ‘‘It was perfectly cool and What I have seen as a founding member, when she was performing locally before audi- wonderful.’’ committee head, board member and, finally, ences in Delaware County and the New Jer- Regular sales of 1,000 tickets to the event co-chair of the Buckaroo Ball is a vision that sey Shore. (at $200 apiece and up for sponsors) raise only totally disputes that erroneous notion; one Even though it would have been easy to re- about $70,000, she said. Private and corporate that should command the attention and in- main totally absorbed in her career in show donors contribute the rest. spire the reflection of the community: there business, Julie's greatest pleasure in life was This year’s largest single donor was Ron are newcomers with the means and energy being a wife, mother, and good neighbor in and Susie Dubin, a Connecticut couple who who, not content with simply writing a Delaware County. She was a role model for have a home in Santa Fe. The Dubins con- check, want to use their resources to better many women today who seek to balance the tributed $25,000 toward the entertainers’ fees, the community. They are searching for ways Heinemann said. to help. pressures of a demanding career and the The only other fund-raiser in Santa Fe In a perfect position to guide them are the challenges of raising a family. In addition, her that rivals the financial success of the native and longtime local Santa Feans who, involvement in her community was exemplary. Buckaroo Ball is the 11-year-old Santa Fe keyed-in to their community, can shape the She helped raise money for various youth Opera gala weekend, which begins tonight incoming resources in an informed and pro- clubs, local charities and also produced and with its annual ball at Eldorado Hotel. The fessional manner. One may have a bed the directed youth variety shows and presented gala weekend raises at least $500,000 a year size of a ship; the other, a desk the size of a benefit concerts to raise money for uniforms for the opera’s apprentice program. file folder, but each have talents essential to Heinemann said the Buckaroo Ball com- the process. It is a waste of time for the na- and equipment for community sports organiza- mittee soon will begin conducting its usual tive or newcomer to show anything but ap- tions. research to develop its list of charities to preciation for the other’s assets. Julie will not only be missed by her family, which it will contribute next year. That re- Short-term, righteous anger may satisfy. but by her countless friends in and out of search also will be used to determine to But how far can that take us in getting the show business, and by the many people and E1298 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 organizations she touched throughout her life. THE 25TH ANNIVERSARY OF tional parks. With a severe strain on its fi- The Philadelphia area and, indeed, the Nation BAYVIEW HUNTERS POINT MUL- nances and dedicated staff, the park service is has lost a great talent and role model. TIPURPOSE SENIOR CENTER struggling to provide a quality, educational and f recreational experience for the park visitor, HON. NANCY PELOSI while also protecting the natural resources and TRIBUTE TO SUTTER COMMUNITY the cultural heritage in the parks. HOSPITALS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES This summer, visitors to the national parks have found closed campgrounds, garbage pil- HON. ROBERT T. MATSUI Tuesday, July 16, 1996 ing up, historic buildings needing repairs and OF CALIFORNIA Ms. PELOSI. Mr. Speaker, I rise today to reduced visitor services. Some specific exam- IN THE HOUSE OF REPRESENTATIVES acknowledge the 25th anniversary of the ples: two museums and a campground are Tuesday, July 16, 1996 Bayview Hunters Point Multipurpose Senior closed at Yellowstone; Padre Island National Mr. MATSUI. Mr. Speaker, I rise today to Center. Seashore in Texas won't paint its campground pay tribute to the commitment Sutter Commu- On July 7, 1971, an extraordinary group of bathrooms this year; and the number of rang- nity Hospitals has made to the good health of San Francisco citizens recognized the need to ers patrolling Yosemite's back country has millions of northern Californians. For over 70 provide services dedicated to the senior resi- been reduced from 19 to 3. years, this institution has earned a reputation dents in the Hunters Point neighborhood of The parks clearly need help. This legislation throughout this region for superior medical San Francisco. The vision of mother Mattie offers important assistance in dramatically care and an unparalleled record of advance- Kemp and the center's founders has grown boosting National Park funding before it is too ment and innovation. into a center that provides comprehensive late. This bill could increase funding for the In this spirit, I am proud to announce the services for the Bayview senior community. National Park Service by as much as $1 billion opening of the new Sutter Cancer Center, The center is a compassionate environment over the next 10 years at no cost to park visi- which brings together the talent, resources, where seniors can receive basic health tors or taxpayers. This money will supple- and technologies necessary to offer an all in- screening, legal assistance and social and mentÐnot replaceÐregular appropriations clusive program of care to residents of the recreational opportunities. For the past 18 from Congress for the parks. greater Sacramento region and establishes years the center has flourished under the northern California's most comprehensive can- dedicated and caring stewardship of Dr. This bill enjoys strong bipartisan support on cer center. George Davis, Ph.D. His boundless commit- both sides of the Hill. I am pleased that Rep- The Sutter Cancer Center, established in ment to providing quality programs for the el- resentative RICHARDSON, the ranking minority 1942, serves as a regional oncology center to derly has led the Bayview Multipurpose Senior member of this subcommittee, has joined me more than 1 million northern California resi- Center to be a model program in the city of in introducing this legislation. dents. The center has 100,000 visits per year San Francisco. This legislation would grant the National and treats more than 2,000 new patients an- The efforts of Dr. Davis, the staff and clients Park Foundation several new authorities. First, nually. Sutter Cancer Center's research activi- of the senior center remind us that we cannot it would modify the current prohibition on the ties have yielded important medical break- forget the critical need for centers such as the Foundation engaging in business. The Foun- throughs, including development of many new Bayview Hunters Point Multipurpose Center. dation's limitation on conducting business is treatment options. Each year, the cancer cen- Our seniors provide an important thread in the unique amongst congressionally chartered ter is an active participant in the prestigious fabric of our communities. It is imperative that foundations. In fact, two sister organizations National Cancer Institute clinical and preven- we continue to support the work of the that Congress createdÐthe National Fish and tion trials, and serves as one of the 10 reg- Bayview Hunters Point Center to ensure the Wildlife Foundation and the National Forest istries for cancer surveillance. Recognized for continued vitality of these special individuals. FoundationÐare allowed to engage in busi- innovation and clinical excellence, the Sutter Mr. Speaker, on Saturday, July 13, 1996, ness. Cancer Center's treatment program is on par the Bayview Hunters Point Community will In addition, this bill would grant the Founda- with many of the Nation's renowned cancer hold a parade and street fair to recognize the tion some of the same powers first pioneered centers and provides Sacramento area resi- contributions of this important community re- with the Amateur Sports Act in 1950. Under dents with vital community health resources to source. Let us join the Bayview Hunters Point help prevent and detect cancer. this legislation, the Park Foundation would community in their celebration of the commu- have the authority to offer a limited number of This new facility is the culmination of Sut- nity's seniors and the people dedicated to con- ter's vision for a comprehensive, patient-fo- companies the opportunity and privilege of be- tinuing the legacy of the Bayview Hunters coming an official sponsor of the National Park cused center which brings together all the Point Multipurpose Senior Center. necessary resources to fight cancer in a single System. f location. Designed as a healing environment, This bill contains multiple safeguards to this premiere center provides the full com- LEGISLATION TO AMEND THE NA- make sure the images of the National Parks pliment of cancer care services all under one TIONAL PARK FOUNDATION ES- are not tarnished and the reputation of the Na- roof, which Sutter believes will make the criti- TABLISHMENT ACT tional Park Service is not sullied. There will be cal quality of life difference for cancer patients no sponsors of individual units of the National and their families. Committed to patient-cen- Park System. An official sponsor could not tered care, the center has been designed to HON. JAMES V. HANSEN present that its goods or services were en- benefit patients in a variety of ways: Attend- OF UTAH dorsed by the National Park Service. There ant-assisted parking, a separate entry-way, a IN THE HOUSE OF REPRESENTATIVES would be no corporate advertising in the Na- one-stop registration center and linked infor- Tuesday, July 16, 1996 tional Parks. The Secretary of the Interior mation systems all will streamline the seem- must approve in writing each official sponsor. ingly bureaucratic maze of medical services, Mr. HANSEN. Mr. Speaker, America's Na- The list of safeguards goes on, but the bot- help minimize travel and mitigate the accom- tional Parks preserve our historical past, cele- tom line is that there will not be commer- panying stress associated with patients' ther- brate our cultural traditions, and protect the cialization of our National Parks. apy and rehabilitation. In all, the cancer center natural wonders God created. increases efficiency, eliminates duplication and My own State is a great example. Utah is With these grants of authority from Con- enhances collaborative activities among our home to the sculpted rock scenery in Arches gress, the National Park Foundation will pur- physicians and allied health professionals. National Park, the brilliant colors and intricrite sue new revenue-generating opportunities out- Mr. Speaker, I ask my colleagues to join me shapes of Bryce Canyon National Park, and side the parks in partnership with private en- in celebrating a new era of treatment for can- the spectacular cliff and canyon landscapes terprises. These proposals will make it pos- cer patients in this region. The Sutter Cancer found in Zion National Park. Unfortunately sible for the Foundation to play the role origi- Center is a spectacular testament to the spirit these unique places and the other units of the nally intended by Congress in 1967Ðmaking a of institution and individual, and represents a National Park System need help. significant contribution to preserving America's cornerstone in the foundation of Sutter's vision Congressional appropriations have not been National Parks through partnerships between for the fight against this deadly disease. able to keep pace with the needs of the na- Government, private business, and individuals. July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1299 WALTER AND HELEN LUCAS CELE- lesbians and gay men remains prevalent in with someone they love. It is scapegoating a BRATE 50 YEARS IN BUSINESS our society. Homosexuals are victims of exten- segment of our society to fan the flames of in- sive discrimination, prejudice, and violence tolerance and prejudice. And it is doing this to HON. HAROLD L. VOLKMER due to their sexual orientation. try to improve its standings in the polls. OF MISSOURI Discrimination against gay people in such Discrimination against people who are gay IN THE HOUSE OF REPRESENTATIVES critical areas as employment and housing re- and committed to one another does nothing to mains widespread in many jurisdictions. Even defend marriage or to strengthen family val- Tuesday, July 16, 1996 more alarming, high rates of antigay violence ues. It does, however, continue to deny them Mr. VOLKMER. Mr. Speaker, I rise today to or hate crimes abound. Society communicates legal rights that married couples simply take offer my hearty congratulations to Walter L. particular values and attitudes to its members for grantedÐinclusion in a spouse's health in- Lucas, Jr., and his wife, Helen Lucas, of in many ways, but primarily through laws. In- surance plan, pension and tax benefits, the Shelbina, MO, who are celebrating their 50th stead of working to reduce discrimination, this ability to participate in medical decisions, and year in business. Walter and Helen were mar- body is pushing legislation that will reinforce the right to visit a dying spouse in the hospital. ried on July 26, 1940. After serving his country intolerance and hostility toward gay people. Our Nation's families deserve better from during World War II, Walter returned to Discrimination against homosexuals is un- their leaders than this cynical effort to raise Shelbina to start Lucas True Value Hardware fair, unjust and appalling. Let's end this cha- fears and create divisions for political gain. in Shelbina. On March 6, 1946, Walter and rade! I urge my colleagues to vote for fairness They need leaders who will recognize the true Helen opened the doors of their hardware and equality and oppose this shameful legisla- needs of families and who are willing to work store and they have been providing quality tion. for adequate healthcare, access to educational service to their customers for over 50 years. f opportunities, a decent wage, and a livable Walter has also devoted his considerable environment. talents to helping his friends and neighbors in MARY MASI IS HONORED Let's work together on the real challenges Shelbina. In 1956, he established the Walt we face as a nation. Let's not allow our Re- Lucas Outstanding Scholar Athlete Award as a HON. ELIOT L. ENGEL publican leaders to create scapegoats to dis- way to honor academic and athletic excellence OF NEW YORK tract the public's attention from the failure of by local high school students. Walter has also IN THE HOUSE OF REPRESENTATIVES this Congress to address issues the American public cares about. worked closely with the Boy Scouts, where he Tuesday, July 16, 1996 has served as a Cub Master and a Scout I urge my colleagues to stand up to bigotry Master. In addition, Walter served as the Mr. ENGEL. Mr. Speaker, a house of wor- and discrimination. I urge you to vote against president of the Shelbina Chamber of Com- ship not only brings sustenance to its parish- this mean-spirited legislation. merce and he is active in the Shelbina First ioners, it draws sustenance from them. In f Christian Church. Mount Vernon, Our Lady of Mount Carmel PRESIDENTIAL ADVISORY BOARD Walter and Helen are shining examples of Church has given aid and comfort to its pa- ON ARMS PROLIFERATION POLICY why small business owners are the backbone rishioners for a century and for 40 of those of our economy. Not only have they prospered years Mary Masi has been office manager and economically, they have helped many of their church secretary, giving of herself to help her HON. LEE H. HAMILTON friends and neighbors through their involve- church and her fellow parishioners. In that OF INDIANA ment in the community, and I wish to con- time the church has had eight pastors and it IN THE HOUSE OF REPRESENTATIVES gratulate them on their success in business was Mary Masi who provided the continuity for Tuesday, July 16, 1996 and in life. them serving as a link from the past to the fu- Mr. HAMILTON. Mr. Speaker, over many f ture. She is always the first to volunteer for church events and is usually the driving force years the United States and the international DEFENSE OF MARRIAGE ACT behind them. She is a member of many community have made important progress in church organizations and for Mount Carmel, arms control, especially concerning weapons SPEECH OF Mary Masi has become a symbol of loyalty, of mass destruction. But there has been little HON. NYDIA M. VELA´ ZQUEZ unselfishness, and devotion on whom the progress in controlling or containing the pro- church and its parishioners have come to rely. liferation of conventional arms. OF NEW YORK Therefore, I welcome the recent report of IN THE HOUSE OF REPRESENTATIVES I offer her my congratulations for her years of giving to her church and her neighbors. the Presidential Advisory Board on Arms Pro- Thursday, July 11, 1996 f liferation Policy, issued on June 25. Its find- The House in Committee of the Whole ings and recommendations provide fresh House on the State of the Union had under DEFENSE OF MARRIAGE ACT thinking on the question of conventional arms consideration the bill (H.R. 3396) to define control, and merit careful study by both Con- and protect the institution of marriage. SPEECH OF gress and the executive branch. I commend Ms. VelaÂzquez. Mr. Speaker, too many HON. HENRY A. WAXMAN the work of Dr. Janne E. Nolan, the Board's Americans are worrying about how they are Chair and the Board's other membersÐEd- OF CALIFORNIA ward Randolph Jayne II, Ronald F. Lehman, going to pay for their children's education and IN THE HOUSE OF REPRESENTATIVES their parents' health care. Yet, instead of David E. McGiffert, and Paul C. Warnke. working for real change, we are voting on leg- Thursday, July 11, 1996 I would like to bring to the attention of my islation that will do little more than increase The House in Committee of the Whole colleagues the report's summary and rec- the amount of hate and division in this coun- House on the State of the Union had under ommendations. The text follows: try. consideration the bill (H.R. 3396) to define SUMMARY The Defense of Marriage Act, H.R. 3396, and protect the institution of marriage: Advisory Boards such as ours invariably will ban homosexual marriages. Proponents of Mr. WAXMAN. Mr. Chairman, I rise in grapple with broad mandates, changing cir- this destructive legislation argue that same- strong opposition to H.R. 3396, the so-called cumstances, and widely diverse interests Defense of Marriage Act, and ask my col- concerned with the substance of Board char- sex marriage is an assault on the sanctity and ters. As we have noted, our approach has integrity of heterosexual marriages. The argu- leagues to reject this mean-spirited legislation. been to review and offer recommendations on ment is irrational. Homosexual couples do not The proponents of H.R. 3396 would have us both policy and process. We have endeavored influence heterosexual marriage choices. Mar- believe that this legislation is necessary to to review the Administration’s current poli- riage protection proponents also argue that save the institution of marriage. The real pur- cies regarding conventional arms control, this legislation promotes tradition and family pose of H.R. 3396 is to create a wedge issue and have commented only where we con- values. These arguments are strikingly similar for Republicans for the upcoming elections. cluded it appropriate. We are under no illu- to those raised less than 30 years ago in re- In a shameless attempt to divide the Amer- sions as to our limitations in addressing but ican public, the Republican Party is espousing a few of the myriad interests and issues of sistance to repealing miscegenation laws. great concern to the various parties con- Like its hate-driven predecessor, the De- official bigotry. It is promoting discrimination cerned with arms proliferation policy. fense of Marriage Act sends a dangerous against individuals who seek the same re- At the core of our recommendations is our message to society. We are legitimizing hate sponsibilities and opportunities other Ameri- belief in the value, indeed the necessity, of and discrimination. Intense prejudice against cans seek when they form a lifelong union strong U.S. leadership in the quest for more E1300 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 effective arms control in the nation’s inter- U.S. arms transfer policy can and should thousands of Sikhs continue to be held in pris- est. This leadership must come from the top, be developed and executed separate from on without charge in Punjab. Asia Watch has involving the President, his Cabinet, and the policies for maintenance of the defense in- reported that ``virtually everyone detained in Congress. As we have stated, within the Ex- dustrial base. It is not only appropriate but Punjab is tortured.'' This says a great deal ecutive Branch that initiative requires in essential that the United States and other the first instance, more policy-oriented nations handle legitimate domestic eco- about the rule of law in India. interagency coordination and execution of nomic and defense industrial base issues Now I would like to inform my colleagues policy, which in turn requires a strong focal through such separate policies and actions, about an incident that occurred at the airport point of administration leadership. We be- rather than use them to abrogate or subvert in New Delhi just 2 weeks ago. A 68-year-old lieve that leadership can and must come arms control agreements for particular Sikh, a citizen of England who had to get off from the National Security Council’s long- weapons and technologies. an international flight because of heart prob- standing interagency process. That NSC-led Arms and weapons technology transfers lems, was severely beaten by India's intel- process, in addition to selecting and imple- should take place without the price-distort- ligence service. His injuries were confirmed by menting the kind of advanced conventional ing mechanism of government subsidies or the Medical Foundation for the Care of Victims arms restraint regime postulated here, must penalties. The R&D recoupment charge, also address the thorny question of govern- of Torture in London. which is inconsistent with the federal gov- Dr. Jagjit Singh Chohan was traveling to mental process the Board has highlighted. ernment’s treatment of sunk investment There is no doubt that how we make policy costs in any other area of policy or budget Bangkok from London. He was experiencing and how we make individual arms or tech- expenditure, should be eliminated. Arms ex- an acute heart condition on the flight, so dur- nology transfer decisions is absolutely criti- ports should not receive subsidized financ- ing a layover in New Delhi, he was taken off cal to achieving U.S. arms control goals. ing; rather, the effort should be to eliminate the flight in a wheelchair to receive medical We believe that it is of great importance to such distortions internationally. care. Instead, Dr. Chohan, who has been a reemphasize a point about focus. The Board’s There should not be governmental con- peaceful advocate of an independent Sikh recommendations for both policy and process straints on direct and indirect offsets other are built on a long-term commitment to im- homeland called Khalistan, received a severe than the review, under established stand- provement and progress, rather than on any beating. ards, of any arms/technology transfer in- discrete preferred regime or proposed organi- India's immigration officials refused to allow volved. The overall economic and employ- zational realignment. The world struggles him to go to a hospital. While he was being ment impact of foreign trade is highly posi- today with the implications of advanced con- held at the airport, roughly 20 officials from the tive, and any attempt to dictate or curtail ventional weapons. It will in the future be pricing, workshare, or ‘‘countertrade’’ agree- Research and Analysis Wing [RAW], India's confronted with yet another generation of ments between buyer and seller is counter- intelligence service came into the waiting area weapons, whose destructive power, size, cost, and beat this elderly man with their fists, and availability can raise many more prob- productive. The current fragmentation of U.S. govern- kicked him, and whipped him with a leather lems even than their predecessors today. These challenges will require a new culture ment controls on transfers leads to great in- belt. The beating lasted for about 10 minutes. among nations, one that accepts increased efficiency and uncertain policy implementa- He was then put back on the plane without responsibility for control and restraint, de- tion, to the detriment of proliferation con- any regard for his injuries or his problems and spite short-term economic and political fac- trols on the one hand and to the disadvan- sent on to Thailand. tors pulling in other directions. While the tage of legitimate U.S. commerce on the Dr. Chohan was quickly returned to London, image of a ‘‘journey’’ has become almost other. Administration, information systems, where he was examined by Dr. Forrest of the trite in today’s culture, it is just such a con- and routine decisionmaking should be con- solidated. An integrated management infor- Medical Foundation for the Care of Victims of cept that perhaps best describes the strategy Torture. Dr. Forrest identified 28 separate inju- for success in achieving necessary restraint mation system should be developed as soon as possible for use by all agencies involved in ries. In his report, the Doctor reported, ``there on conventional arms and strategic tech- was scarcely an area of his body that could be nologies, and the resulting increase in inter- the export control process. In the longer run, national security. statutory revisions to integrate the entire touched without causing pain.'' The Administration has in recent months, process in a single office should be pursued. Mr. Speaker, the beating suffered by this in parallel with the Board’s deliberations, Within the U.S. government, the NSC 68-year-old man is just one example of the taken steps such as the Wassenaar Arrange- should give substantially greater priority to types of abuses suffered by the Sikhs of Pun- ment, which could be the key to more endur- leading and improving the interagency arms jab, the Muslims of Kashmir, the Christians of ing and comprehensive successes in restraint export control process. Nagaland, and others. Young men are picked and control. Leaders in the Administration The Administration should increase the in- up by security forces and disappear forever. telligence community’s focus and capabili- and in the Congress should be heartened to Young women are gang-raped. Thousands are know that there is no shortage of individ- ties to understand and monitor conventional uals, in and out of government, whose energy weapons and technologies developments and tortured. and commitment can contribute to the ongo- transfers. A prominent Sikh human rights activist, ing effort. We are proud to have been a part f Jaswant Singh Khalra was arrested 10 months of that dialogue, and are committed to con- ago and has not been seen since. Despite the tinuing our participation. We summarize 68-YEAR-OLD SIKH LEADER change in governments, his whereabouts are here the major recommendations put for- BRUTALLY BEATEN IN INDIA completely unknown. Many believe that he is ward in our report: being tortured in one of the many prisons in Effective restraint requires international HON. DAN BURTON Punjab. These abuses happened under the cooperation. U.S. leadership is essential to Rao government. They are continuing under this end. OF INDIANA the new government. And they will continue to The fundamental principles of national se- IN THE HOUSE OF REPRESENTATIVES curity, international and regional security, happen until the United States and other gov- and arms control must be the basis for inter- Wednesday, July 17, 1996 ernments around the world take a strong national agreement. The inevitable eco- Mr. BURTON of Indiana. Mr. Speaker, when stand against them. nomic pressures that will confront individual we debated my amendment last month to Mr. Speaker, I ask unanimous consent that states should not be allowed to subvert these freeze development aid to India, a few of my the report from the Medical Foundation for the principles. Care of Victims of Torture be included in the Sustainable, multilateral negotiations colleagues had the audacity to suggest that RECORD at the conclusion of my remarks. over an issue as controversial as arms trans- India had cleaned up it human rights prob- I urge all of my colleagues who opposed my fers are best served by beginning with mod- lems. They said that reports of continuing est objectives that can be expanded over amendment to freeze our aid to India to pay human rights abuses were questionable. close attention to the reports of human rights time. The Wassenaar Arrangement rep- Mr. Speaker, everyone who follows human resents the most practical and promising abuses that continue to flow out of India and forum to date in which to address the dan- rights developments around the world knows really think hard about their position on this gers of conventional weapons and technology that India's abuses against Sikhs, Kashmiris, issue. India is not going to end its wide-scale proliferation. and others continue unabated. Some defend- abuses until we take a very firm stand and New international export control policies ers of India praised its government for letting send a very strong message that they will not are needed for a technology market where its notorious ``TADA'' law expire last year. This there are numerous channels of supply and be tolerated. law, the ``Terrorist and Disruptive Activities MEDICAL REPORT ON DR. JAGJIT SINGH where many advanced technologies relevant Act,'' gave the Indian Government blanket au- to weapons development are commercial in CHOHAL origin. This requires augmenting controls on thority to arrest almost anyone and hold them (By Dr. D.M. Forrest, MB ChB, FRCS.) the supply of a technology, with a greater in prison for 2 years without filing any charges. I am a retired Consultant Surgeon. Until emphasis on disclosing and monitoring end- My colleagues will be interested to know that, the end of 1987 I held Consultant appoint- use. even though the law was not renewed, tens of ments at three London Teaching Hospitals, July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1301 where my clinical duties included the diag- There were similar areas 7x7cm on the left that his clothing, including a substantial nosis and treatment of many forms of trau- temple and, in front of this, 6x2cm at the left jacket, were not removed. The tenderness of ma and deliberate abuse. During my consult- hairline. the ribs indicates severe injury such as ant career I served as an examiner for the There was swelling and tenderness of the would be caused by kicking. Diploma of Child Health at the Royal Col- skin at the back of the neck. He has severe limitation of movement, es- lege of Physicians, and was President of the There was diffuse reddening and tenderness pecially of the neck, spine, shoulders, knees British Association of Paediatric Surgeons, on the chin under the beard. and ankles. This is consistent with his story the Society for Research into Hydro- There were faint contusions (bruises) on of beating and twisting of the limbs. No rou- cephalus, and the Paediatric Section of the the tip of the right shoulder and point of the tine medical or rheumatic disease would sat- Royal Society of Medicine. right elbow. isfactorily explain the findings. Since my retirement, I have devoted my- On the left upper arm, just above the elbow In my opinion, the medical findings amply self to the documentation and management there was a pair of very sharply and vividly support Dr. Chohan’s account of his treat- of torture survivors and have studied the demarcated red purple parallel contusions ment at Delhi airport, and no other reason- patterns of abuse currently practiced in 5x1cm and 2x1cm 3cm apart, lesser surround- able single explanation would cover all his many countries. I have written and lectured ing bruising (a ‘‘tramline’’ bruise). lesions. extensively on the subject of torture. I have There were three well defined circular con- edited and partly written ‘‘Glimpses of Hell: tusions 1.5cm in diameter on the lateral as- f pect of the left wrist, each over a bony prom- Reports on Torture Worldwide,’’ a textbook A TRIBUTE TO JOAQUIN ‘‘JACK’’ on torture. I have made a special study of inence. Sikhs from the Punjab and have published a There was a small bruise on the middle of LUJAN paper on the subject in the ‘‘Lancet.’’ the left forearm. I examined Dr. Jagjit Singh Choha at the There was a vertical abrasion 5cm long on HON. ROBERT A. UNDERWOOD Medical Foundation on 8:7:96. the back of the left wrist and a similar one OF GUAM The following is his history as related to 6cm long on the back of the forearm just me. below the elbow. IN THE HOUSE OF REPRESENTATIVES There was a small abrasion on the right HISTORY Wednesday, July 17, 1996 forearm just above the prosthesis. He told me that he came to live in the UK There were no bruises on the trunk, but Mr. UNDERWOOD. Mr. Speaker, with re- 17 years ago, having retired from medical the ribs were tender and there was pain on spect and great admiration, I would like to practice in a private clinic in India. On 6:7:96 compression of the chest. commend Joaquin ``Jack'' Lujan for his out- he set out for a holiday in Thailand, flying There was tenderness, swelling and slight on Thai Airways, flight 915. After eating a standing skill of blacksmithing which has be- bruising on the outer aspect of the left thigh. come an important link to Guam's past. This vegetarian meal on the first leg of the jour- There was tenderness and diffuse bruising ney, he suffered chest and stomach pains. on the other aspect of the right thigh just unique island art legacy has made him a re- Fearing that the was suffering a heart at- above the knee. cipient to the 1996 National Heritage Fellow- tack, he alerted the crew. A doctor sitting Both patellae were bruised, swollen and ship, the highest honor in folk and traditional next to him advised getting off the plane at tender. arts. the scheduled stop in Delhi. Arrangements There was a bruise 4x3cm on the inner as- Jack, also know as ``Kin Bitud,'' was the were made for an ambulance to take him to pect of the left shin 10cm below the knee and hospital. On landing he was taken to the only one of his brothers to learn his father's a similar one 4x7cm on the inner aspect of skills. He mastered the graceful lines and fine medical room, but just before he was taken the right shin 25cm below the knee. to the ambulance in a wheelchair, about 20 All movements of the neck and spine were finishes of the short Guamanian machete with plainclothes officers burst in and began to limited by pain. inlaid buffalo horn or imported Philippine hard- abuse and threaten him verbally. They The shoulders were tender and he was un- wood handles. On the basic tools that he fash- pulled off his turban and shoes but not his able to raise the arms above the horizontal. ioned, he hammered in the roots of the other clothes and commenced beating him Rotation, particularly internal rotation was Chamorro culture into the future. This includes with fists, slaps and kicks and whipping with grossly limited by pain. the fusinÄos, or thrust hoe which is unique to a leather belt about the head, back of the Flexion of both knees was limited by pain. neck, limbs and lower trunk. They pulled his the Marianas, and the kamyu or coconut grat- Both ankles were swollen and extremely er. hair and beard, pulled him along the rough tender. All movements were limited, espe- concrete floor, twisted his arms and ankles, cially twisting of the left ankle. Blacksmithing was not only an art tradition but played an essential role to the livelihood of concentrating on the left ankle when they INTERPRETATION learned that it had recently been fractured, Guam's farming community in pre-World War He attributes all his pain and bruising to a and squeezed his testicles. The assault lasted II and post era. People needed tools to aid about ten minutes and then his wrists were beating at Delhi airport. The reddening and swelling in the scalp them during work. Despite this time-consum- tied behind his back and he was bundled onto ing work and its diminishing economic incen- the plane which had delayed take off for half was due to punches and pulling of the hair, an hour waiting for him. After the two hour and that on the chin to pulling of the beard. tive today, Jack continues to handforge tools journey to Bangkok he was taken to the im- They are consistent with this. as a heritage bloodline. He believes that the ‘‘tramline’’ bruise on migration Department and left for eighteen Jack worked as a welder before World War the left arm was the result of a blow from a hours in a room with about 30 detained im- II and as a U.S. immigration officer after the leather belt. The appearance is absolutely migrants with no facilities and no medical war. Clearly seeing the value of his typical of a lesion inflicted with a stiff, flat attention. He was put on the next Thai Air- weapon approximately 3cm wide. blacksmithing tradition to the future of his line flight to Heathrow. A leather belt would fit this description. It community and his culture, he once again took PAST HISTORY is not in a position to have been caused by up blacksmithing and in 1985, he taught three He claimed to be healthy and active for his ropes binding him. apprentices, all members of the Guam Fire age, though aware of the possibility of hy- The abrasions on the forearm below the Department. He has demonstrated his craft at pertension and a heart attack. He took medi- elbow and on the back of the wrist are at- festivals, at schools, and at other public cation to avert this. He practised Yoga every tributed to being dragged across a rough con- events. He also has shared this heritage with day and was supple and physically active. He crete floor. They are of a nature and dis- suffered amputation of the right hand many tribution to fit in with this explanation. people across oceans in Australia, Taiwan, years ago and wears an artificial hand. Four He believes that the pain and stiffness of and mainland United States. months ago he suffered a fracture of the left the shoulder and ankle joints resulted from Jack Lugan has received numerous tributes, fibula at the ankle, treated at the Chelsea the deliberate twisting as well as the beat- including the annual Governor's Art Award, as and Westminster Hospital. ing. The treatment he describes would ac- well as the Governor's Lifetime Cultural ON EXAMINATION count for this. Achievement Award in 1996. The Consortium I examined him about eight hours after he OPINION of Pacific Arts and Cultures honored him by landed. He had had no sleep since leaving If it is true that this elderly man was pre- including his work in their American-Pacific Heathrow two days previously. He was in viously fit and able to practice yoga, then crafts exhibition, ``Living Traditions.'' I believe some distress and moved with great dif- his present condition must indicate a num- that the greatest award he has received in his ficulty, having trouble climbing stairs and in ber of very severe injuries. lifetime is the vision of a flourishing tradition of removing his vest. All the numerous bruises are recent, show- blacksmithing still present in the island of There was scarcely an area of his body that ing no signs of yellowing. They appear to be could be touched without causing pain. contemporaneous and the most likely dating Guam. We are very proud of this blacksmith Over the right temple there was an area of for all of them is within a very few days. who has helped iron-cast the culture of the scalp 7x7cm that was reddened, with boggy The lack of bruising on the trunk would be Chamorro people on the hands of the new swelling. satisfactorily explained by his statement and future generations. E1302 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 22D ANNIVERSARY OF THE tirely appropriate. The European Union has person, Ms. Mollie Beattie, director of the U.S. INVASION OF CYPRUS every right to withhold economic privileges Fish and Wildlife Service on the occasion of from a state that maintains a military occupa- the unanimous passage in the House of Rep- HON. WILLIAM J. COYNE tion of another European country. The ques- resentatives of the Mollie Beattie Wilderness OF PENNSYLVANIA tion is whether such action alone will suffice, Area, S. 1899. IN THE HOUSE OF REPRESENTATIVES or whether other economic incentives like cuts Mollie Beattie was unfortunately struck down in United States aid to Turkey are necessary in the prime of her life by a dreadful illness Wednesday, July 17, 1996 as well. Finally, I hope that the United States and we shall all miss the humor, hard work, Mr. COYNE. Mr. Speaker, I rise today to special emissary, Mr. Beattie, will strongly em- good sense, and dedication she brought to her commemorate the 22d anniversary of the inva- phasize to the Turkish Government that the post. It is unfortunate to lose her for so many sion of Cyprus by Turkish military forces. United States' patience on this matter has different reasons. Sadly enough, she leaves This illegal invasion has been roundly con- worn thin. behind a husband and family. demned by the international community for the Mr. Speaker, the people of Cyprus have suf- Mollie Beattie also leaves behind a group of last 22 years. And yet, for the last 22 years, fered long enough. dedicated wildlife protectors in this Congress the Turkish Cypriot minority under Rauf f who felt a kinship in working with her. I know Dentkash has refused to negotiate in good I am one of those Members of Congress who faith or to alter its goal of permanently parti- TRIBUTE TO THE FIRST ARME- will miss her greatly. tioning the island. Today, 22 years later, NIAN PRESBYTERIAN CHURCH I remember a meeting with Mollie not too 30,000 Turkish troops still occupy the northern OF FRESNO long ago. We are discussing an issue impor- third of Cyprus. tant to my district that has been dragging on Since 1974, the United Nations has at- HON. GEORGE RADANOVICH and on for 5, 6, 7 years. Mollie turned to my tempted to resolve the conflict and reunify the OF CALIFORNIA constituents during that meeting and so suc- island as an independent state under a single IN THE HOUSE OF REPRESENTATIVES cinctly expressed their concerns that they central government. The Turkish Cypriots Wednesday, July 17, 1996 were stunned. They were delighted because have consistently rejected such a solution, in- they knew they were dealing with a represent- sisting instead on an independent sovereign Mr. RADANOVICH. Mr. Speaker, I rise ative of the Federal Government who under- Cypriot state in the northern third of the island. today to honor the First Armenian Pres- stood their interest in providing habitat for spe- The United Nations has consistently recog- byterian Church of Fresno, which is preparing cies. Mollie then turned to me and told me nized the Greek Cypriot Government in to celebrate its 99th anniversary on Sunday, what needed to be done and what she would Nicosia as the only legitimate Cypriot Govern- July 28, 1996. It is indeed an honor and a do about it. She was a no nonsense, cut-to- ment. Turkey is the only country that recog- pleasure for me to bring this time of celebra- the-chase type of thinker and we all appre- nizes the Turkish Cypriot Government as a tion to the attention of my colleagues in the ciate that around here. And we all appreciated sovereign state. House of Representatives. that quality in her. I know that she will be The United Nations has repeatedly at- The First Armenian Presbyterian Church greatly missed by the members of her staff tempted to mediate an agreement between was originally founded on July 25, 1897, by 34 and of her Agency. She will be missed in the the interested parties, but recalcitrance on the men and women from the Fresno area. The Halls of Congress. part of the Turkish Cypriots and their support- church was the first Armenian church to be It is with great pleasure and much sadness ers in Turkey has thwarted any notable founded in California and was received into that I join in the dedication of the Arctic Ref- progress. Just last month, the U.N. Security the fellowship of the Presbytery of Stockton in uge Wilderness Area as the Mollie Beattie Wil- Council extended the mandate of the U.N. October 1897. From 1897 to the present, the derness Area. God Bless her and her family. Peacekeeping Force in Cyprus [UNFICYP] First Armenian Presbyterian Church has con- again and reiterated its concern that negotia- tinued to grow in faith and numbers to nearly f tions have dragged on for too long without 300 members. resolution. And yet, today, the Turkish Cyp- Over the years, the First Armenian Pres- REPORT FROM INDIANA—A riots still obstinately refuse to comply with the byterian Church has continued to be a source PATRIOTIC CELEBRATION U.N. Security Council resolutions addressing of inspiration and strength to the Fresno Ar- Cyprus, and 30,000 Turkish troops still occupy menian community. The foundations and HON. DAVID M. McINTOSH military positions in northern Cyprus. teachings are passed from generation to gen- OF INDIANA In 22 years, tensions on the divided island eration within the church and children continue IN THE HOUSE OF REPRESENTATIVES have not dropped appreciably. The Green to learn about the traditions and lives of their Wednesday, July 17, 1996 lineÐthe U.N.-supervised zone separating ancestors. As a place of sanctuary, the church northern Cyprus from the rest of the islandÐ has offered people comfort during times of trial Mr. MCINTOSH. Mr. Speaker, today I would is one of the most heavily militarized areas in and hardship. Under the leadership of Senior like to give my Report from Indiana for the the world. As recently as last month, a Turkish Pastor Rev. Bernard Guekguezian, the church week of July 17, 1996. Cypriot soldier shot and killed a Greek Cypriot has offered continuous guidance and support. This week I would like to share with you the guardsman in the zone. I am proud to have someone of Rev. program of a very, very special celebration Last month, the Clinton administration initi- Guekguezian's ability and knowledge in the that my wife Ruthie and I were so honored to ated another attempt to resolve the conflict 19th Congressional District. attend over the Independence Day recessÐ``A over the Turkish occupation of northern Cy- Mr. Speaker, the First Armenian Pres- Patriotic Celebration,'' music performed by the prus by sending Special Presidential Emissary byterian Church of Fresno has been a remark- staff and residents of the Henry County Youth Richard Beattie to the region. While domestic able organization of unity and vitality for 99 Shelter in New Castle, IN. turmoil in Turkey suggests that the prospects years. This congregation exemplifies persever- As the children performed, their young faces for a breakthrough are slim, the need to ad- ance and dedication to their families, the com- glowed with pride. Their deep love of country dress the recent increase in tension between munity of Fresno, and the State of California. resonated in my heart as they sang so elo- Greece and Turkey provides a compelling rea- I offer my sincere congratulations to the First quently. Being included truly moved me. It son to make the effort. Nevertheless, it seems Armenian Presbyterian Church on this special brought tears to my eyes, put a lump in my clear that the Turkish Cypriots will show no day. throat, and filled my heart with hope. flexibility in their position until the Turkish Gov- f Words cannot adequately convey the sin- ernmentÐand the Turkish military in particu- cere and heartfelt appreciation for what it was larÐdecides that the cost of maintaining the MOLLIE BEATTIE HONORED like to be a part of their event. From the bot- military occupation of northern Cyprus is unac- tom of my heart, I would like to say thank you. ceptably high. Facilitating such a decision HON. JIM SAXTON Each and every one of the residents and staff must be the goal of the world community. OF NEW JERSEY of the Henry County Youth Shelter should be It is my belief that the international commu- IN THE HOUSE OF REPRESENTATIVES commended. nity can compel Turkey to remove its occupa- The performance was spectacular. And I tion troops by actions like denying Turkey Wednesday, July 17, 1996 would like to include the attached program into membership in the European Union until it Mr. SAXTON. Mr. Speaker, I rise today to the CONGRESSIONAL RECORD for my col- takes such action. Such an approach is en- memorialize a great public servant and a good leagues to review: July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1303

‘‘A PATRIOTIC CELEBRATION’’ PRESENTED BY dant glories of America, and later said that And I gladly stand up next to you and defend THE RESIDENTS AND STAFF OF THE HENRY the chief inspiration for her poem had been Her still today; COUNTY YOUTH CENTER FOR U.S. CONGRESS- the magnificent view from the top of Pikes ’Cause there ain’t no doubt I love this land MAN AND MRS. DAVID M. MCINTOSH, JULY 2, Peak. Standing in that rarified atmosphere God bless the USA. 1996 she saw ‘‘spacious skies,’’ and ‘‘purple moun- tain majesties’’ and such an expanse of fer- PROGRAM ‘‘THIS LAND IS YOUR LAND’’ tile country that she was moved with an ex- National Anthem: ‘‘Star Spangled Banner’’ alted pride that cried out for poetic expres- This land is your land, this land is my land Resident Dawn B.: What Is The ‘‘Pledge of sion. From California, to the New York Islands Allegiance?’’ Soon after the poem was printed in 1895— From the Redwood forests, to the Gulf Resident Darren W.: Leads The ‘‘Pledge of in The Congregationalist, a church maga- Stream waters, Allegiance’’ zine—it was set to various tunes and printed Hey this land was made for you and me. ‘‘God Bless America’’ in hymnals. But by the 1920’s it had become As I was walking, that ribbon of highway Residents Lamontta R. and Virgil R.: His- permanently associated with the tune I saw above me, endless skyways tory of ‘‘America The Beautiful’’ ‘‘Materna,’’ which Samuel Augustus Ward I saw below me, that golden valley ‘‘America The Beautiful’’ had composed in 1882 for the hymn ‘‘O Moth- The land was made for you and me. ‘‘God Bless The U.S.A.’’ er Dear, Jerusalem.’’ I’ve roamed and rambled, and followed my ‘‘This Land is Your Land’’ Many modern-day Americans feel that the footsteps Resident Freddie M.: ‘‘Children Learn What lyrical hymn written by Miss Bates and set To the sparkling sands of, the diamond They Live’’ to Ward’s fine, singable tune should have deserts ‘‘Battle Hymn of the Republic’’ been chosen as the national anthem of the And all around me, a voice was sounding United States. Special and Talented Participating Resi- Saying, ‘‘This land was made for you and dents: ‘‘AMERICA THE BEAUTIFUL’’ me’’. Krystal B., Gabe H., Stacy N., Dawn B., O beautiful for spacious skies, For amber This land is your land, this land is my land Jeremy I., Brandy R., Brandi C., Summer J., waves of grain, Lamontta R., Floyd C., Rocky L., Virgil R., From California, to the New York Islands For purple mountain majesties, Above the From the Redwood Forests, to the Gulf Tianna D., Freddie M., Darren W., Matthew fruited plain. F., Nathan M., and Jeremy M. Stream waters America! America! God shed his grace on Hey this land was made for you and me. ‘‘STAR SPANGLED BANNER’’ thee, When the sun comes shining, and I was Oh say! can you see, by the dawn’s early Oh, and crown thy good with brotherhood strolling light From sea to shining sea. And the wheat fields waving, and the dust What so proudly we hailed at the twilight’s Oh beautiful for heroes proved, in liberating clouds blowing last gleaming, strife; As the fog was lifting, a voice was chanting, Whose broad stripes and bright stars thru, Who more than self, their country loved; ‘‘This land was made for you and me’’. the perilous fight. And mercy more than life. O’er the ramparts we watched, were so gal- This land is your land, and this land is my America! America! may God thy gold refine. lantly streaming land Till all success, be nobleness and every gain And the rockets’ red glare, the bombs burst- From California, to the New York Islands divine. ing in air, From the Redwood Forests, to the Gulf Gave proof thru’ the night that our flag was Oh, beautiful for patriot dream, that sees be- Stream waters still there. yond the years Hey this land was made for you and me. Oh, say, does that Star Spangled Banner yet Thine alabaster cities gleam, undimmed by WELL, this land was made for you and me. wave, human tears. O’er the land of the free, and the home of the America! America! God shed His grace on CHILDREN LEARN WHAT THEY LIVE brave! thee; If a child lives with criticism, He learns to And crown thy good with brotherhood, condemn. WHAT IS THE ‘‘PLEDGE OF ALLEGIANCE’’? From sea to shining sea. If a child lives with hostility, He learns to The ‘‘Pledge of Allegiance’’ to the flag is a fight. pledge to the ideals of our forefathers; the ‘‘GOD BLESS THE USA’’ If a child lives with ridicule, He learns to be men who fought and died in the building of If tomorrow all things were gone, I’d worked shy. this great nation. for all my life If a child lives with shame, He learns to feel It’s a pledge to fulfill our duties and obli- And I had to start again with just my chil- guilty. gations as citizens of the united States, and dren and my wife; If a child lives with tolerance, He learns to to uphold the principles of our constitution. I’d thank my lucky stars to be living here be patient. And last, but not least, it’s a pledge to today, If a child lives with encouragement, He maintain the four great freedoms cherished ’Cause the flag still stands for freedom and learns confidence. by all Americans: freedom of speech, freedom they can’t take that away; If a child lives with praise, He learns to ap- preciate. of Religion, freedom from Want, and freedom And I’m proud to be an American where at If a child lives with fairness, He learns jus- from Fear. least I know I’m free tice. And I won’t forget the men who died who If a child lives with security, He learns to PLEDGE OF ALLEGIANCE gave that right to me; I pledge allegiance to the flag of the United have faith. And I gladly stand up next to you and defend States of America and to the Republic for If a child lives with approval, He learns to Her still today which it stands: One nations, under God, in- like himself. ’Cause there ain’t no doubt I love this land divisible, with liberty and justice for all. If a child lives with acceptance, He learns to God bless the USA. find love in the world. ‘‘GOD BLESS AMERICA’’ From the lakes of Minnesota to the hills of Tennessee, Oh, God bless America, land that I love ``BATTLE HYMN OF THE REPUBLIC'' Across the plains of Texas from sea to shin- Stand beside her, and guide her Mine eyes have seen the glory of the coming ing sea. Through the night with a light from above. of the Lord; From the mountains, to the prairies From Detroit down to Houston and New He is trampling out the vintage where the To the oceans, white with foam York to LA, grapes of wrath are stored; God bless America, my home sweet home. Well, there’s pride in every American heart He has loosed the fatefull lightning of His and it’s time we stand and say: terrible swift sword. HISTORY OF ‘‘AMERICA THE BEAUTIFUL’’ That I’m proud to be an American where at His truth is marching on. (Words by Katharine Lee Bates, Music by least I know I’m free, I have seen Him in the watchfires of a hun- Samuel A. Ward) And I won’t forget the men who dies who dred circling camps; gave that right to me. In 1893 an English teacher at Wellesley Col- They have builded Him an altar in the lege wrote a poem that was to become the And I gladly stand up next to you and defend evening dews and damps; lyrics for one of the most beautiful of Amer- Her still today, I have read His righteous sentence by the ican patriotic songs. ’Cause there ain’t no doubt I love this land dim and flaring lamps. Katharine Lee Bates had been asked to lec- God bless the USA. His day is marching on. ture at Colorado College in Colorado And I’m proud to be an American where at Glory, glory hallelujah! Springs, and it was during that summer that least I know I’m free, Glory, glory hallelujah! she penned ‘‘America the Beautiful.’’ On her And I won’t forget the men who died who Glory, glory hallelujah! trip west she saw for the first time the abun- gave that right to me; His truth is marching on. E1304 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 I have read a fiery gospel writ in burnished CONGRATULATIONS TO SARAH American, Dutch, Latin American, Australian rows of steel: BRACHMAN and Lebanese museums, schools, libraries, ‘‘As ye deal with My contempters, so with hospitals, and universities. Although there is you My grace shall deal’’; Let the Hero born of woman crush the ser- HON. MARTIN FROST an exhaustive list, just a few include: the pent with His heel, OF TEXAS Marie Manoogian School in Los Angeles, the Since my God is marching on. IN THE HOUSE OF REPRESENTATIVES Armenian Church in Amsterdam, Holland and the Alex Manoogian Center in Zaleh, Lebanon. He has sounded forth the trumpet that shall Wednesday, July 17, 1996 never call retreat; He is the recipient of honorary doctorate de- He is sifting out the hearts of men before His Mr. FROST. Mr. Speaker, I would like to grees from Wayne University in Detroit, Amer- judgement seat; take this opportunity to bring to the attention of ican Armenian International College in La Oh, be swift, my soul, to answer Him! Be ju- my colleagues a very special day for Sarah Verne, Lawrence Technological University in bilant my feet! Brachman of Fort Worth, TX. On August 24, Southfield, MI, and Yerev State University in Our God is marching on. 1996, 13-year-old Sarah will have her Bat Armenia. Glory, glory hallelujah! Mitzvah Alex Manoogian possessed the determina- Glory, glory hallelujah! A Bat Mitzvah is a milestone event for every tion, drive, and ingenuity, our forefathers Oh! Glory, glory hallelujah! Jewish child at the age of 13. It marks the founded this country on, over 200 years ago. His truth is marching on. passage from childhood to adulthood accord- I wish today to extent my sympathies to the f ing to the Jewish religion. During a Bat Mitz- Manoogian family and the Armenian commu- vah, the child will lead her congregation in nity worldwide on the passing of a wonderful CONGRATULATIONS TO SKIP services and will read from the Torah. leader. ENTERTAINMENT While the occasion of a Bar or Bat Mitzvah f is always significant, this one carries extra EXTENDING BENEFITS TO VETER- weight and meaning. Sarah is a child with ANS EXPOSED TO AGENT OR- HON. ROBERT A UNDERWOOD Down syndrome who, with the support of her ANGE OF GUAM family and community, has studied for years in IN THE HOUSE OF REPRESENTATIVES order to be able to lead her congregation's services on this momentous day. SPEECH OF Wednesday, July 17, 1996 This Bat Mitzvah is a tribute to the will and HON. JACK QUINN perseverance of a loving child who has over- Mr. UNDERWOOD. Mr. Speaker, I would OF NEW YORK come significant handicaps to accomplish like to take this occasion to commend the IN THE HOUSE OF REPRESENTATIVES SKIP Entertainment Co. Based on Guam and wonderful things. Tuesday, July 16, 1996 comprised of local talents, this dance group f recently won the 1996 International Choreo- Mr. QUINN. Mr. Speaker, I rise today in TRIBUTE TO PHILANTHROPIST graphic Award at the 6th Annual Jazz Dance support of H.R. 3643 and to commend my fel- ALEX MANOOGIAN World Congress. low members of the House Veterans' Affairs The annual event includes workshops con- Committee for their hard work this year. I am ducted by world renowned dance artists and HON. GEORGE P. RADANOVICH pleased to be a member of a committee that was presented by Gus Giordano and the Ken- OF CALIFORNIA has put forth many beneficial revisions for our nedy Center. Out of the 79 groups from IN THE HOUSE OF REPRESENTATIVES Nation's veterans. I especially want to thank around the world that auditioned, 17 were se- Wednesday, July 17, 1996 Chairman BOB STUMP for his tenacious advo- lected to perform and compete at the Kennedy cacy for servicemen and women and his fine Mr. RADANOVICH. Mr. Speaker, I rise Center event. Five judges representing dif- ability to expedite veterans' legislation. today to honor the memory of Armenian phi- ferent countries selected SKIP over groups H.R. 3643 improves health care delivery to lanthropist Alex Manoogian. After a long and from Japan, Russia, and the United States. minority groups within our Nation's veterans prosperous life, Mr. Manoogian passed away population such as women veterans and those As a result these kids from Guam will start July 10, at the age of 95. who served the country in the Persian Gulf appearing in national media campaigns for Mr. Manoogian was born in 1901 and came war. Leo's Dancewear. In addition, SKIP will once to the United States at the age of 24, after The bill also includes provisions which I in- again perform at the 1997 Jazz World Con- completing his primary and secondary edu- troduced earlier this year. For one, the bill ex- gress to be held next year at Weisbaden, Ger- cation. Manoogian relocated to Bridgeport, CT, tends priority healthcare to those service men many. Having been present during their per- and sought employment in a factory during the and women who were stationed in Israel and formance, I have to admit that these kids are day, while he taught Armenian classes during Turkey during the Persian Gulf war from Au- outstanding artists and entertainers. They truly the evenings. gust 2, 1990 to July 31, 1991. deserve the honors bestowed upon them. Eventually, Mr. Manoogian made Detroit his Currently, veterans of these regions are ex- This was truly a team effort. Terri Knapp, home in 1924. He worked in a manufacturing periencing undiagnosed medical problems the costume designer, and Ray Leeper, the plant, and eventually combined his formal edu- similar to those who served in the theater of choreographer, deserve a special commenda- cation and his work experience to found his operations. Israel experienced repeated SCUD tion for having made all this possible. In the own company which became the MASCO attacks. Military members stationed in Turkey same respect, we must make mention of the Corp., the first company owned by an Arme- supported aircraft missions into the Persian SKIP kids who performed that night. The in- nian to be listed on the American Stock Ex- Gulf, served as a transportation point for re- credible talents of Jason Anderson, Justina change. Today his company reports annual turning personnel and equipment and ren- Caguioa, Kimberly Davis, Karina Dolorin, sales of over $3 billion. dered assistance to the Kurds. Renee Eucogo, Kimberlee Gogue, John In addition to his company, Manoogian was Thus, the possibility for contamination or ex- Hetzel, Lesley Hongyee, Chad Knapp, Tara active in many philanthropic and service orga- posure by military members stationed in Tur- Leon Guerrero, Michael Lommeka, Kristan nizations. He will probably be most remem- key and Israel was extremely high. Medical McCauley, Dolores Perez, Tristan Rebanal, bered for the work he did for the Armenia records of many veterans stationed in and Francine Saymo, and Matthew Wolff are good General Benevolent Union [AGBU]. After join- around the Persian Gulf fail to accurately iden- examples of what Guam has to offer. ing the organization in the 1930's, he served tify medications distributed and inoculations Through their exceptional talents and nota- the AGBU in numerous capacities including administered. ble achievements, the SKIP kids have brought the Avak Sbarabed (national commander), as Since no definitive diagnosis has been de- recognition upon themselves and the island of a member of the board of directors, and inter- termined in the cases of Persian Gulf illness, Guam. On behalf of the people of Guam, I national president. Manoogian served as inter- these veterans stationed in Turkey and Israel would like to commend everyone who played national president for 17 years and was voted exhibiting similar medical problems should a part in the success of this most recent ven- life president in 1970 and in 1989, was voted also be granted health care from the Depart- ture of the SKIP kids. I wish them continued as honorary life president when his daughter ment of Veterans Affairs. success and the best of luck as they represent assumed presidential duties. This provision is a technical correction, Guam at the Starpower National Dance finals On an International level, Manoogian has since these countries should have been in- to be held at Ocean City, MD. also contributed to a wide array of Armenian, cluded in the original bill. July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1305 The bill also includes a provision to set actively seeking to secure the lucrative main- high-wage mechanics jobs to low-wage coun- mammography quality standards. Women tenance work for U.S. aircraft and compo- tries. FAA-certified facilities in Mexico and make up 5 percent of the veterans' population. nents. Costa Rica, as well as other countries, employ While the veterans' population is decreasing, The FAA's 1988 regulations needlessly workers who, in comparison to U.S. workers, female representation is increasing. As a soci- changed the rules for worldwide maintenance. earn extremely low wages to perform highly ety, we must quickly adapt to this change and Previously, U.S. aircraft were required to be specialized, sensitive jobs. better serve women veterans. repaired in the United States except in emer- In Tijuana, Mexico, a massive FAA-certified I am pleased to see that we were able to gencies or if the plane was being used solely facility is ready to take on aircraft maintenance work in a bipartisan fashion to make improve- in international operations. Today, regularly work even though there is sufficient capacity ments in women's health care services. scheduled maintenance is being performed with thousands of skilled American workers f abroad, even if standards for those foreign re- ready to handle this safety-sensitive work. The pair stations are not as high as those for U.S. purpose of the Tijuana facility is clear: to lure ENCRYPTION stations and regardless of the impact on the lucrative aircraft repair business from the Unit- U.S. work force. ed States at the expense of high-wage Amer- HON. ANNA G. ESHOO If facilities in countries such as Mexico and ican jobs. OF CALIFORNIA Costa Rica succeed in attracting large Congress and the FAA have the clear re- amounts of work for United States aircraft, I IN THE HOUSE OF REPRESENTATIVES sponsibility to ensure that the traveling public fear that aviation safety standards will erode does not face unnecessary risks caused by Wednesday, July 17, 1996 and high-wage, high-skill United States work- the expansion of globalization of air transport Ms. ESHOO. Mr. Speaker, yesterday the ers may see their jobs move overseas to take to the area of aircraft maintenance. This ex- House of Representatives passed the Omni- advantage of low wages in Third World na- pansion must not result in the reduction of bus Export Administration Act of 1995 to im- tions. This bill will prevent the loss of jobs in safety standards. prove export opportunities for American busi- the United States to foreign repair stations We also have the duty to discourage the nesses. with lower standards. movement of high-skill mechanics jobs over- Unfortunately, this legislation did not ad- This issue is much like the issue of the ap- seas and to make sure that any unscrupulous plication of U.S. safety standards to foreign dress the limits placed on overseas sales of company that would knowingly use bogus airlines, a matter which I examined intensively encryption products. parts faces a loss of certification. as chairman of the Subcommittee on Inves- Encryption technology can make electronic The Aircraft Repair Station Safety Act of tigations and Oversight in the 102d and 103d information indecipherable to anyone lacking 1996 brings common sense and equity to the Congresses. I was disappointed at that time the mathematical formula, or key, to unlock FAA's aircraft repair facility certification pro- by the FAA's slow response to the need of ap- the data. It offers companies the promise of gram. I urge my colleagues to join me in sup- plication of U.S. safety standards to foreign protection against hackers, the Government port of the Aircraft Repair Station Safety Act of airlines, just as I am disappointed today by the promise of protection from terrorists, and 1996. FAA's failure to respond to the need to revise for e-mail users the promise of privacy against f prying eyes. the 1988 regulations. It also offers the promise of $60 billion in With the heightened national attention to SOCIAL SECURITY FAIRNESS ACT aviation safety issues that exists today, this bill potential export sales for American high tech OF 1996 focus on the need to ensure that foreign air- companies by the year 2000. But these sales craft repair stations meet the highest possible will remain out of reach unless the U.S. Gov- safety standards by operating under the same HON. TIM HOLDEN ernment loosens restrictions on encryption ex- rules as U.S. domestic facilities. OF PENNSYLVANIA ports to reflect the ready availability of power- This bill will promote safe skies, require uni- IN THE HOUSE OF REPRESENTATIVES ful encryption products on the foreign market form aircraft repair standards around the Wednesday, July 17, 1996 and through the Internet. world, and shield an important, high wage Mr. Speaker, Congress needs to pass the Mr. HOLDEN. Mr. Speaker, I rise today to American job sector from attempts to ship jobs Security and Freedom through Encryption Act. ask my colleagues to cosponsor the bill I will overseas to low-wage countries. introduce today, the Social Security Benefits It's a bipartisan, commonsense approach to With passage of this legislation, we will en- Fairness Act of 1996. resolving a trade problem that's costing the sure that foreign repair facilitate do not obtain Under current law, no Social Security bene- high tech industry billions of dollars, and cost- FAA certification unless they meet the same fits are paid for the month of death. When a ing American citizens their right to privacy. standards that our Government imposes on person dies, their family is not entitled to the f U.S. facilities. The Aircraft Repair Station Safety Act of benefits and must send back the Social Secu- AIRCRAFT REPAIR STATION rity checkÐeven if they lived for most of the SAFETY ACT OF 1996 1996 consists of three main provisions: First, the bill nullifies the November, 1988 month. This happens to many families in my FAA regulations which made it far too easy for district. HON. ROBERT A. BORSKI foreign aircraft repair facilities to obtain FAA For example, Mrs. Phyllis Strunk's husband, OF PENNSYLVANIA certification regardless of need; Royden, died on May 31, 1996, at 7:04 p.m., IN THE HOUSE OF REPRESENTATIVES Second, the bill levels the playing field by living the entire month and incurring normal living expenses. His wife was told she would Wednesday, July 17, 1996 requiring foreign facilities to fulfill the same standards as those imposed on domestic re- not receive her husband's benefits for May be- Mr. BORSKI. Mr. Speaker, today I am intro- pair stations by the FAA; and cause he did not live 4 hours and 56 minutes ducing the Aircraft Repair Station Safety Act of Third, the bill requires FAA to take strong longer. 1996, a bill designed to ensure that foreign re- action against those who would knowingly em- According to his family, Mr. Strunk ``lived a pair stations that perform work on aircraft ploy the use of substandard or uncertificated quiet life after [serving in] the warÐhe obeyed owned by U.S.-based airlines meet the same parts. the law, paid his taxes, voted, gave to those or equivalent safety standards as U.S. repair These issues are especially important and less fortunate than he, and rarely had an extra stations. timely in the wake of the Valujet tragedy dollar after his families needs were met. In This legislation is absolutely essential to where we discovered a confusing maze of 56 many ways, the country [he] had honored and make sure that, in the interest of the bottom contractors and subcontractors used to handle fought for cheated him in life, and now, it has line, U.S. airlines are not tempted to transfer aircraft maintenance normally performed in- repaid his loyalty by also cheating him in work abroad to repair stations that do not house by the major air carriers. It is clear that death.'' meet the same standards as domestic repair there were serious problems with the regu- This law is cruel and affects people ad- stations. latory system's ability to conduct adequate versely when they are already saddened and The bill specifically addresses serious safety surveillance of domestic contract operators. At distraught by the death of a family member. I concern: The 1988 Federal Aviation Adminis- the same time, we cannot ignore the potential have heard from tearful and outraged widows tration regulations, part 145, which eased the regulatory and enforcement problems associ- and widowers, daughters, and sons who have rules for certification of foreign aircraft repair ated with oversight of foreign facilities. already suffered a great lossÐthey want to facilities. As a result of those regulations, Unless overturned, the current FAA regula- know why they have to send the money back there are repair enterprises around the world tions could inspire U.S. air carriers to send when it is needed to pay utilities, rent, and E1306 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 other bills left by the death of a loved one. 1995. The Miami district expects to swear in JIM MASUCCI RETIRES People can not control when they die, but, un- an average of 24,000 new citizens each fortunately, their bills and expenses remain. month during the peak period of this initiative. HON. JACK FIELDS Why punish those who pay their taxes, I congratulate INS for this meritorious pro- OF TEXAS serve our country, and are law-abiding citi- gram. IN THE HOUSE OF REPRESENTATIVES zens? We should be going after the people Wednesday, July 17, 1996 who evade our tax system and the convicted f felons who continue to receive Social Security Mr. FIELDS of Texas. Mr. Speaker, after 41 benefits while in prisonÐnot those people who LTC JAMES E. ROGERS ON HIS years with Capital Cities/ABC, and after 26 contribute to society. This law is unfair and ab- RECENT COMMAND APPOINTMENT years at KTRK±TV in HoustonÐthe last 6 surd. years as president and general managerÐJim That is why I am introducing the Social Se- HON. DICK CHRYSLER Masucci has decided its time to retire. I want curity Benefits Fairness Act of 1996. My bill to take a moment to salute JimÐboth for his will return fairness to the Social Security Sys- OF MICHIGAN successful career in the television industry, but tem. The bill would amend the Social Security IN THE HOUSE OF REPRESENTATIVES also for his outstanding record of community Act, allowing benefits to be paid for the month Wednesday, July 17, 1996 service. of death. A surviving spouse or family estate Jim is not just a highly talented television would receive one-half of a month's benefits if Mr. CHRYSLER Mr. Speaker, I rise today to executive. He is a friend with whom I've con- a person dies within the first 15 days of a commend LTC James E. Rogers on his ap- sulted on a number of telecommunications is- month and full benefits if a person dies after pointment as the incoming commander of the sues over the years. He is also a respected the 15th. Making this fair and fundamental U.S. Army's 82d Forward Support Battalion, member of his community who has devoted change will ensure that a surviving spouse or 82d Airborne Division, stationed at Fort Bragg. his time and talents to a variety of civic pro- family will have the Social Security check to LTC James Rogers has a long and distin- grams that have touched the lives of tens of cover the expenses for the last month of life. guished military service record and has dedi- thousands of Houston-area residents. Please join me in this effort and cosponsor cated his life to protecting the freedom and lib- Jim began his television career in 1956 as the Social Security Benefits Fairness Act of erty of our Nation. a member of the production staff of the origi- 1996. Lieutenant Colonel Rogers was born and nal Capital Cities Communications stationÐ f raised in Howell, MI, where his parents Joyce WTEN±TV in Albany, NY. He later served as and John Rogers still reside and where he still the station's director-producer, production CITIZENSHIP U.S.A. serves as an example to hundreds of local manager and then programming director. youths in the community of what personal While working at WTEN, Jim was responsible HON. ILEANA ROS-LEHTINEN honor and leadership can achieve. for producing 10 cerebral palsy telethons and OF FLORIDA Lieutenant Colonel Rogers was commis- received the George Washington Medal of IN THE HOUSE OF REPRESENTATIVES sioned in the Ordnance Corps on June 6, Freedom for Excellence in Children's Pro- gramming. Wednesday, July 17, 1996 1979, upon graduation from the U.S. Military Academy at West Point. Lieutenant Colonel In 1970, Jim moved to Houston to become Ms. ROS-LEHTINEN. Mr. Speaker, I rise in Rogers was recommended for an appointment operations manager at KTRK±TV, another support of the Citizenship U.S.A. Program es- by my own former Congressman Bill Broom- Capital Cities Communications station. While tablished by the Immigration and Naturaliza- field, and I only hope that I have the foresight serving as channel 13's operations manager, tion Service. he had in identifying the qualities needed for he produced the first televised Vince Lombardi Citizenship U.S.A. is the largest effort in the our future leaders. Awards program, and was instrumental in the history of the Immigration and Naturalization Lieutenant Colonel Rogers military edu- development of the televised Jefferson Awards Service to help eligible immigrants become cation includes Ordnance officer basic and ad- ceremony. Jim also played a key role in devel- U.S. citizens. This combined effort will allow vance courses, Combined Arms and Services oping ``Good Morning Houston,'' one of the the INS to be current with citizenship applica- Staff School, and the Army Command and Nation's most-watched local talk shows. tions by the end of the summer. In order to General Staff College. That kind of success caught the attention of achieve this goal, INS is focusing on updating He has obtained further academic creden- corporate management. In 1983, while still three major components of the citizenship sys- tials in the course of his military service as serving as operations manager of channel 13, temÐhiring of additional people, improving the well, earning a masters degree in industrial Jim was named divisional vice president for process, and expanding INS's partnership with and operations engineering from the University Capital Cities. In 1986, Capital Cities acquired local officials and community organizations. of Michigan. the ABC television network and became Cap- This program's necessity has been estab- ital Cities-ABC. Following that merger, Jim LTC James Rogers has served in several lished by a dramatic rise of citizenship applica- was named vice president of the broadcast di- challenging assignments throughout the Unit- tions from an average of 300,000 annually be- vision at Capital Cities-ABC. ed States and Korea, ensuring that the military fore fiscal year 1994 to more than 1 million in But Mr. Speaker, it is Jim's record of com- readiness of our troops is unmatched any- fiscal year 1995, with more than 1 million addi- munity service that has made him one of the where in the world. He has accelerated tional applications expected for fiscal year most respected broadcast executives in through the ranks and demonstrated an enor- 1996. The Miami district has been especially Texas. hard pressed, receiving nearly 107,000 N±400 mous capacity of responsibility and integrity as In 1983, Jim helped create the Houston applications in fiscal year 1995. This is easily a military leader, earning him the respect of Crime Stoppers program, which aids the po- a 174-percent increase over fiscal year 1994. his superiors, his peers, and the men and lice in locating, and apprehending, suspects in In order to meet the above challenge, INS women who serve under him. unsolved crimes. JIm has served on the board has already approached several critical mile- He has earned personal awards and deco- of the Houston Crime Stoppers programÐas stones as a result of this program. In Feb- rations that include the Meritorious Service well as on the board of the Houston's Area ruary, INS opened the new Miami Citizenship Medal with three Oak Leave Clusters, Army Urban League and the Houston Symphony. Center. This serves as the new home for the Commendation Medal with Oak Leave Cluster, Jim also has been recognized for a number entire Miami citizenship staff and is dedicated Army Achievement Medal, Senior Parachutist of innovative community service efforts, includ- to the testing and interviewing of naturalization Badge, and the Air Assault Badge. ing the Jefferson Awards, the Vince Lombardi applicants. INS has also substantially in- I have no doubt that in his newest assign- Awards, the 1986 Texas Sesquicentennial creased its officer and clerical staff throughout ment, Lieutenant Colonel Rogers will serve as celebration, the 1988 Challenger Center gala, the country, and has been able to extend its an exemplary soldier, continuing the standard and the 1990 Night of the Thousand Lights: A hours of operation significantly as a direct re- of excellence he has set for himself and living Houston Crackdown Celebration. sult. Citizenship U.S.A. has also contributed to up to the 82d Forward Support Battalion's It was his work with the Houston Metropoli- completions of N±400 citizenship applications. motto of SubsidiumÐSine Qua Non, Sup- tan Area Youth Soccer League that best illus- As a result of this program, the Miami district portÐWithout Which There Is Nothing. trates the energyÐand the successÐthat Jim completed 29,898 N±400 applications in the Congratulations to LTC James E. Rogers. brings to any project in which he's involved. first 6 months of fiscal year 1996, more than Good luck to you, your wife Reba, and your Initially, organizers hoped that 1,500 inner-city the total number completed in all of fiscal year two young children Jeffrey and Thomas. youths would participate in the program. Due July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1307 to Jim's hard work, and the publicity given the banking and communications. In 1992 Chemi- services or Congress or even inform them of program by KTRK±TV, 7,000 young boys and cal Bank merged with Manufacturers Han- it. Congress found out about it accidentally girls signed upÐmaking the program the most over, and in 1995 they combined with Chase nine months after the memo was written Manhattan to form a single company. In the when Martin Marietta tried to recoup from successful such effort in the country. past year, Time, which had merged with the Pentagon about $60 million of the $208 I am a dyed-in-the-wool TexanÐwhose Warner Communications in 1990, purchased million it paid for General Dynamics’ space great grandfather fought for Texas, and the Turner Broadcasting; Capital Cities/ABC division. A somewhat astonished Senator Confederacy, in the War Between the States. merged with Pacific Telesis; and Bell Atlan- Sam Nunn (D-GA), then chairman of the Having said that, I want to add that Jim tic merged with NYNEX. Senate Armed Services Committee, re- Masucci is the kind of Yankee that we Texans And defense spending has indeed fallen marked, ‘‘Why pay Martin Marietta [60] mil- respect, admire and loveÐeven if he does talk since the end of the Cold War. In current dol- lion?’’ Deutch’s position that he was merely clari- funny. lars, projected defense spending for fiscal year 1997 is about 40 percent below that of a fying rather than making policy is not sup- Mr. Speaker, I hope you will join with me in decade ago, and procurement spending is ported by anyone, even those who favor the wishing JimÐand his lovely wife, DianeÐthe about one-third what it was at its peak in change. The procurement experts in his own very best in the years ahead. We thank Jim the 1980s. department disagreed vehemently. On June for his work at KTRK±TV, as well as his long But what industry spokesmen fail to note 17, 1993, the career professionals at DCMA and distinguished record of community serv- is that the decline in defense expenditures told him that the history of the FAR argues ice. I know that even in retirement, Jim is the has been greatly exaggerated and that, un- against making the nonrecurring organiza- like the private-sector restructuring, the tion costs associated with restructuring type of individual who will remain active, mak- costs allowable and noted that they had dis- ing a difference for many, many Houstonians. government is subsidizing defense mergers. Remember the $600 toilet seats and the $500 allowed these costs in the past. f hammers that had taxpayers up in arms dur- The DCMA position was also supported by ing the mid-1980s? Today’s subsidized merg- Don Yockey, the undersecretary of defense MERGER MANIA ers are going to make them look like bar- for acquisition in the Bush administration; gains. The outrageously priced toilet seats the Aerospace Industries Association (AIA), and hammers were the result of defense com- the trade association for aerospace compa- HON. JOHN J. DUNCAN, JR. nies; the American Bar Association’s Section OF TENNESSEE panies taking advantage of a loophole in ac- quisition regulations. This time, the tax- on Public Contract Law; and the American IN THE HOUSE OF REPRESENTATIVES payers are being fleeced at the hands of the Law Division of the Congressional Research Service. Pentagon’s civilian leadership, whose secret Wednesday, July 17, 1996 Yockey, who was Deutch’s immediate pred- reinterpretation of the regulations has ecessor as procurement czar and who is both Mr. DUNCAN. Mr. Speaker, the U.S. Gov- rained hundreds of millions of dollars upon a retired military officer and former defense ernment should not be paying millions in tax- the defense industry. To date the Pentagon industry executive, argued in a July 13, 1994, payers' funds to help defray the costs of cor- has received 30 requests for reimbursement letter to the professional staff of the House for restructuring. Lockheed Martin alone ex- porate mergers in the defense industry. I Armed Services Committee that by defini- pects to receive at least $1 billion to com- would like to call to the attention of my col- tion, structure means organization, and that plete its merger. leagues and other readers of the RECORD the the FAR does not allow the reimbursement following article from the Brookings Review: HOW DID IT HAPPEN? of organization costs. Indeed, it was Yockey [From the Brookings Review, Summer 1996] In July 1993, John M. Deutch, then the un- himself who told DCMA to reject Hughes’ re- dersecretary of defense for acquisition, re- quest for reimbursement for its purchase of MERGER MANIA sponded to pressure on his boss, William General Dynamics’ missile division. (By Lawrence J. Korb) Perry, from the chief executive officers of In a September 28, 1993, letter to Eleanor McDonnell Douglas, Martin Marietta, Martin Marietta, Lockheed, Loral, and Spector, the director of defense procure- Ling-Temco-Vaught (LTV). As the telltale Hughes by deciding to allow defense compa- ment, Leroy Haugh, vice president of pro- compound names signal, mergers and acqui- nies to bill the Pentagon for the costs of curement and finance of AIA, stated that the sitions have long been a staple of the U.S. mergers and acquisitions. According to Deutch memo constituted a significant pol- defense industry. But since the Clinton ad- Deutch, who has since been promoted to dep- icy decision and an important policy change. ministration took office in 1992, the number uty secretary of defense and then to director Therefore, Haugh asked Spector to promptly of mergers has increased dramatically. of Central Intelligence, the move was not a publish notice of this policy change in the In 1991, military mergers were valued at policy change but a clarification of existing Federal Register and to consider amending some $300 million. By 1993, the value had policy. In Deutch’s view, not only was the the regulations. In a May 3, 1994, letter to climbed to $14.2 billion. It will top $20 billion clarification necessary to promote the ra- Deutch, Donald J. Kinlin, the chair of the in 1996. In 1993 Martin Marietta purchased tional downsizing of the defense industry, it ABA Section on Public Contract law, urged General Electric’s defense division and Gen- would also save taxpayers billions in the Deutch to modify the FAR since at the time eral Dynamics’ space division. At about the long run. it did not reflect the changes made in same time Lockheed purchased General Dy- Deutch is wrong on all three counts. This Deutch’s July 1993 memorandum. What is namics’ aircraft division, while Loral pur- is a major policy change. It is not necessary. significant about the AIA and ABA positions chased LTV, Ford Aerospace, and Unisys. And it will not save money. is that both groups support Deutch’s change. Then in 1994 Lockheed merged with Martin A commonsense reading of the Federal Ac- Finally in a June 8, 1994, memorandum to become Lockheed Martin, and a year later quisition Regulations (FAR) would lead a John R. Luckey, legislative attorney for the Lockheed Martin purchased Loral to produce reasonable person to conclude that organiza- Congressional Research Service, stated that a $30 billion giant known as Lockheed Mar- tion costs are not allowable. The regulations while former amendment of the FAR could tin Loral, which now controls 40 percent of state that since the government is not con- make restructuring costs allowable, the ar- the Pentagon’s procurement budget. cerned with the form of the contractor’s or- gument that they are allowable under the During this same period, Northrop outbid ganization, such expenditures are not nec- current regulations appears to contradict Martin for the Grumman aircraft company, essary for or allowable to government con- their plain meaning. In Luckey’s opinion, and the new company in turn bought the de- tracts. Indeed, during the Bush administra- Deutch’s position is based on semantics, not fense division of Westinghouse. On a some- tion, the Defense Contract Management legality. what smaller scale, Hughes bought General Agency (DCMA) rejected a request by the In short, the political leadership of the Dynamics’ missile division and Raytheon Hughes Aircraft Corporation to be reim- Clinton defense department made a signifi- purchase E-Systems. Among the true defense bursed for $112 million in costs resulting cant policy change that as a minimum giants, only McDonnell Douglas has not yet from its acquisition of General Dynamics’ should have been published in the Federal made a major purchase. missile division. As far back as the Nixon ad- Register and, as Secretary Perry later ad- Spokesmen for the defense industry cite ministration, during the post-Vietnam mitted, cleared in advance with Congress. two reasons for this sudden rush of mergers. drawdown of defense spending, which was as THE SUBSTANCE OF THE ISSUE First, merger mania is sweeping U.S. indus- severe as the current drawdown, the Defense This end run around the administrative try generally. Second, with the end of the Department rejected a similar request from and legislative processes by the Pentagon is Cold War, defense spending has fallen so dra- General Dynamics. unprecedented, but even more important is matically that excess capacity in the defense But on July 21, 1993, Deutch wrote a memo- whether the Defense Department and the industry can be eliminated only through randum stating that restructuring costs are taxpayers should be giving the defense indus- consolidation. As Norman Augustine of indeed allowable and thus reimbursable try a windfall by allowing a write-off of sub- Lockheed Martin has observed, for the de- under federal procurement law. Because stantial parts of restructuring costs. For fense industry this is 1929. Deutch regarded the memo as merely a clari- four reasons, the answer to that question Superficially these reasons seem quite fication of existing policy, he saw no need for should be an emphatic ‘‘No.’’ plausible. Merger mania has certainly hit a public announcement. Indeed, he did not First, like Mark Twain’s death, the decline many areas of American industry, such as discuss his ‘‘clarification’’ with the military of the defense industry in this country has E1308 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 been greatly exaggerated. As Pentagon and tin, and Lockheed. Since 1991 General Dy- down the track, is high spending on current industry officials endlessly point out, de- namics’ stock increased 550 percent and the readiness, enough to keep U.S. forces pre- fense spending in general, and procurement company has stashed away $1 billion. Should pared for two nearly-simultaneous ‘‘major spending in particular, have declined over we also help the stockholders and executives regional contingencies,’’ as outlined in the the past decade. They note that between fis- of the buying companies? Did defense compa- 1993 ‘‘Bottom Up Review’’ (BUR) of U.S. cal year 1985 and fiscal year 1995, the defense nies offer the taxpayers a rebate during the force requirements that still governs Penta- budget declined 30 percent in real terms and boom years of the 1980s when their profits gon planning. The other train, looming on procurement spending fell 60 percent. But reached unprecedented levels? the horizon, is a surge in spending on new that comparison ignores the fact that be- Third, the Defense Department has no weapons. We have been able to forgo such tween fiscal year 1980 and fiscal year 1985, business encouraging or shaping the restruc- spending for nearly a decade because the defense budget grew 55 percent and the turing of defense industry, or as Deutch puts Reagan-era defense investments left military procurement budget grew a whopping 116 it, ‘‘promoting the rational downsizing of the inventories flush with new hardware. But percent. Defense spending in real terms is defense industry.’’ Who is to determine what those weapons are getting old and need to be still at about its Cold War average, and the is rational? A government bureaucrat or the replaced or improved. Barring an unexpected defense budget for fiscal year 1996 was higher market? While government shouldn’t dis- increase, the defense budget cannot afford than it was for fiscal year 1980. In inflation- courage restructuring, it should stay at both readiness and weaponry. Something has adjusted dollars, Bill Clinton spent about $30 arm’s length. If the deal does not make good to give. billion more on defense in 1995 than Richard business sense, the company will not pro- Although this debate probably won’t pick Nixon did in 1975 to confront Soviet Com- ceed, as Martin did not when the price for up until after this fall’s elections, early posi- munist expansionism. Using fiscal year 1985, Grumman became too high. Moreover, might tioning in the debate suggests that U.S. the height of the Reagan buildup, as a base not these mergers create megacompanies forces may get smaller to accommodate year distorts the picture. It would be like that will reduce competition and may be more weapons procurement. Indeed, Sec- comparing spending in the Korean and Viet- very difficult for the political system to con- retary of Defense William Perry has said as nam wars to the level of World War II and trol? The Lockheed Martin Loral giant, for much recently, although he appears to have concluding we did not spend enough in Korea example, is larger than the Marine Corps. only modest force cuts in mind. Senator and Vietnam. Moreover, procurement spend- With facilities in nearly every state and John McCain (R–AZ), a prominent congres- ing will rise 40 percent over the next five 200,000 people on its payroll, its political sional voice on defense, would go much fur- years, and the Pentagon is now soliciting clout is enormous. And it presents problems ther. In a recent letter to his colleagues, bids for the $750 billion joint strike fighter over and above its sheer size. For example, McCain lamented ‘‘the alarming practice of program. Loral sells high-tech components to McDon- postponing essential modernization pro- Similarly, while defense employment has nell Douglas for its plane, which is compet- grams’’ and suggested that the nation plan fallen 25 percent over the past eight years, it ing with Lockheed Martin for the $750 billion to meet just one major contingency while grew 30 percent in the five years before that. joint strike fighter program. How can Loral aggressively modernizing its weaponry to More people work in the defense sector now be a partner in promoting the McDonnell produce high-tech forces able to deliver fire- than at any time in the decade of the 1970s. Douglas plane against the Lockheed Martin power from long range with minimal ground Moreover, much of the decline in the defense entry? force commitment. industry is attributable to the reengineering Fourth, past history indicates that these Whether or not this is the right answer, or slimming down that is sweeping all Amer- mergers end up costing rather than saving it’s the wrong way to frame the issues. Vis- ican industries, even those with an increas- the government money. Both the General ualizing procurement spending as a co-equal ing customer base. Accounting Office and the Department of De- ‘‘train’’ in this collision amounts to treating Finally, if one adds the $266 billion worth fense Inspector General have found no evi- the future as if we knew it. Procurement of U.S. arms sold around the world since 1990 dence to support contentions by Deutch and spending amounts to long-range planning, (a scandal in itself) to the $300 billion in pur- defense industry officials that previous after all, since it buys weapons that won’t chases by the Defense Department, American mergers had saved the government money. even enter our force posture, in some cases, defense industry sales are still at historic Indeed, on May 24, 1994, the Inspector Gen- for a decade or more. At a time when Penta- highs. Defense is still a profitable business— eral found that the claim of Hughes Aircraft gon briefings routinely begin with the adage which explains why defense stocks are still that its 1992 purchase of General Dynamics that ‘‘the only constant today is change,’’ quite high despite the jeremiads of industry missile division saved the Pentagon $600 mil- one is justified in asking why we are com- spokesmen. Over the past year Lockheed lion was unverifiable. Moreover, under the mitting so much money to new weapons that Martin stock has increased 48 percent in Deutch clarification, contractors can be re- will be with us for decades to come. value. Northrop Grumman is up 50 percent imbursed now for savings that are only pro- The answer lies less in a vision of the fu- and McDonnell Douglas a whopping 80 per- jected to occur in the distant future. And if ture than in habits and commitments linked cent. these savings do not occur as projected, how Second, taxpayer subsidization is no more to the past. We got used to treating the fu- will the Pentagon get its (our) money back? necessary today to promote acquisitions and ture like an advanced version of the present mergers than it has even been. Just about BRING BACK THE MERGER WATCHDOGS during the Cold War, when Soviet forces pro- every major defense company today is the Mergers always have been and always will vided a well-understood, slowly advancing product of a merger, some of them decades be a feature of the U.S. defense industry. focal point for long-range planning. We are old. For example, General Dynamics ac- And the government has a role in those still doing that, even in the absence of any quired Chrysler’s tank division in the early mergers. But that role—as exemplified by firm vision of the future. Even the discussion 1980s, and McDonnell acquired the Douglas the successful 1992 Bush administration chal- of current readiness bears witness to Cold Aircraft Company in the late 1960s. Even lenge of Alliant Techsystem’s proposed ac- War concepts of risk that no longer capture today in the supposed ‘‘bull market,’’ plenty quisition of Olin Corporation’s ammunition the realities of what our forces are doing. This is not meant as criticism. The BUR of bidders vie for the available companies. division—is to ensure that they preserve suf- has served admirably to maintain U.S. Three years ago, several companies engaged ficient competition to enable the Pentagon in a fierce bidding war for LTV. And Nor- to get the best price for the taxpayer. It is f throp outbid Martin Marietta for Grumman. definitely not to increase company profits It is hard to believe that if taxpayer sub- and limit competition by subsidizing the HONORING FATHER THOMAS J. sidies were not available, companies would merger. Not only should the Defense Depart- MURPHY, S.J. not buy available assets if it made good busi- ment abolish the new merger subsidy, it ness sense. If they paid a little less for their should follow the lead of its predecessors and HON. ELIOT L. ENGEL acquisitions, the taxpayers rather than the scrutinize the anticompetitive aspects of all OF NEW YORK stockholders would benefit. In the bidding future mergers. war for Grumman, both Martin and Northrop IN THE HOUSE OF REPRESENTATIVES offered significantly more than market PLANNING FUTURE DEFENSE Wednesday, July 17, 1996 value, thus giving Grumman’s shareholders a (By Thomas L. McNaugher) financial bonanza of $22 a share (a bonus of Quietly a new defense debate is taking Mr. ENGEL. Mr. Speaker, Father Thomas J. nearly 40 percent). Raytheon paid a share (a shape, prompted by widespread recognition Murphy, S.J., has served for more than 20 bonus of nearly 40 percent). Raytheon paid a that the stable budgets Republicans and years in St. Margaret's Parish in Riverdale, in similar premium to acquire E-Systems in Democrats have promised the Defense De- New York City, where he is known for all the April 1995. Should the government allow partment cannot keep current forces ready good work he has performed for the commu- Northrop’s and Raytheon’s stockholders to to fight while financing a major round of nity. This includes his activities with the North- reap a similar bonanza by subsidizing those weapons buying to replace the services’ west Bronx Community and Clergy Coalition sales? aging arsenal. Over the past five years, William Anders, The problem here has been called the ‘‘de- and his longtime chaplaincy for the Pro Patria the former CEO of General Dynamics, made fense train wreck,’’ because it involves the Council of the Knights of Columbus. himself and his stockholders a fortune by impending collision of two categories of de- Besides his numerous and productive efforts selling parts of his company to Hughes, Mar- fense spending. One train, already racing with the parish, which include his leadership in July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1309 athletic and social activities for the youths of have all been so kind in seeing to my every He rubbed shoulders with those in power and the parish, he also teaches at Regis High need during my short stay in Washington. contributed immensely to the betterment of School, one of the premier high schools in The room, board and personal chauffeuring their leadership due to his expertise, friend- have all been gratefully appreciated. I also ship and zeal. But George never forgot his New York City. Father Murphy is being named wish to thank Father Richard Norman for roots in Hawkins County and Rogersville, Riverdalian of the Year by the Riverdale Com- his gracious spirit in helping me to prepare Tennessee. You have to understand such munity Council. This honor is earned and I am for our worship service in this beautiful All roots to learn how George got from point A proud to note his many accomplishments. I Saints’ Episcopal Church. He has been most to point B. His ancestry consisted of some congratulate him for all the good work he has kind and helpful.) rather rugged pioneers, also with deep con- done for his community. First of all, I wish to make a clarification victions, who eventually pushed their way to about my name: I am not the David Hale of f the frontier points of this ‘‘New World.’’ By Whitewater infamy! I am from East Ten- the way—he would have dearly loved to in- TRIBUTE TO GEORGE D. WEBSTER nessee! vite you to visit the many attractions of the In this service of worship we seek to find State of Tennessee, especially during the courage and strength from the reading of grand Bicentennial celebration this year! HON. JOHN J. DUNCAN, JR. God’s holy Word, from singing hymns of George was a true Tennessee Volunteer and OF TENNESSEE promise and hope, and praying that God will would want you to see what affected him so IN THE HOUSE OF REPRESENTATIVES help us as we share together in our loss of greatly. George Webster. We will surely miss him. As was true of all of his many endeavors, Wednesday, July 17, 1996 George Drury Webster was a special, George invested himself fully in the Repub- Mr. DUNCAN. Mr. Speaker, one of the fin- unique, one-of-a-kind individual. And what a lican Party which benefited inexpressibly marvelous heritage he leaves for us to appre- from his enthusiasm, labors and contribu- est men I have ever known, George D. Web- ciate, emulate and nurture! Here was a man ster, a prominent Washington lawyer, recently tions. He was highly supportive of candidates who believed in simple values, and trans- and incumbents from East Tennessee and passed away. formed them into deep-seated convictions; other regions, and enjoyed entering them Mr. Webster was originally from Rogersville, convictions he held tenaciously and for with various socials at his Bethesda home TN, which is not in but is very close to my dis- which he fought most vigorously. There can and on his beautiful farm in Tennessee. trict. He attended college in my district, at be no doubt that George Webster fervently Many of you present could speak volumes of Maryville College, and then graduated from loved life, his work, his Country and State, this beneficence on George’s part. You, too, the Harvard Law School. While he achieved his family and friends, and his God. have been helped and inspired by this rare This great Tennessean totally immersed great success in the practice of law, he never individual. himself in God’s good fight of life and made George Webster was a proud family man. forgot his roots in Tennessee. He maintained the most of it. George pulled out all the There is his immediate family: his beloved a farm in Hawkins County and was one of the stops! He genuinely enjoyed living in this wife, Ann (‘‘Tutti’’), always loyal, supportive strongest supporters of Maryville College. grand age of challenge and opportunity. He and by his side; the children: Aen, George While he was a close friend to some of the was a vibrant, spirited, robust person, in- and Beverly, Hugh and deLancey and all of most powerful and successful people in this tense and impassioned. Such energy and the beautiful grandchildren. George had a Nation, he never lost the common touch. He drive as he exhibited are rarely seen. George special love and pride for each one. And I was a kind and bighearted man who got along was totally involved in every activity of his have grown to love and appreciate this ex- life. His zest and enthusiasm were con- well with people from all walks of life. panding family. I have had the privilege of tagious and inspired many of us. His work welcoming them to church, participating in Mr. Webster was an extremely hard worker was exhilarating to him. Fiercely competi- a Baptism service, and visiting with them at and was nationally recognized as an expert in tive, he never gave up. Being around George the farm on various occasions. tax law and the law of associations. made the practice of law more exciting than (And thinking of George’s love for both He helped thousands of people in both big a John Grisham novel! family and life, he would certainly be in and small ways throughout his life and career. George Webster possessed a gifted mind, a favor of celebrating George’s and Beverly’s An active, loyal, and dedicated Republican, keen intellect. He was one who excelled at tenth wedding anniversary today.) debate; now—who here is unaware of that! he was not a man who sat on the sidelines. There is the family from which George And his lively wit was a delight to each of came: the rugged and bright Scotch-Irish, He was interested and involved in the big is- us. George had a way of being brief, succinct, the Northern English Protestants and the sues and campaigns for many, many years, perspicacious, blunt and to the point. His Huguenot folk. There were Joseph and Mary right up until his last few days. books are typical examples of that approach. Amis Rogers for whom Rogersville is named, He was particularly close to former Presi- George believed in education and trained his and the whole line of military officers, edu- dent Bush, Senator Dole, my late father, and mind at the Rogersville, Tennessee, High cators, physicians and ministers. George was me. School, Maryville College (Some people in very proud of his ancestry. He was a good citizen. He participated and East Tennessee pronounce it as ‘‘Murraville’’ Then there is the vast, broad, extended College!), and Harvard Law School. Yes, family of George’s. Who can number them contributed. He loved this country, and we George loved life, and brought all of his con- all? There are those who helped in the Web- would have a stronger Nation today if we had siderable skills and amazing experiences and ster home; the ones who worked on the farm; more people like George Webster. opportunities to gain the most from it. and all of the many friends and colleagues he He was a strong family man who deeply George Webster loved his work. He was a enjoyed at work, in organizations, church, loved his wife and children. To put it very sim- hard worker who learned quickly. Excellence clubs and social circles. ply, but very accurately, George Webster was always beckoned to him and be pursued her Finally, George Webster loved his God. He a great person and great American in every relentlessly. He was completely dedicated to was a man of faith, one who cut his religious way. his calling and focused on his tasks with sin- teeth on the Presbyterian Catechism; who gular vision. He was tough, practical, and grew up in the Presbyterian faith and, in Dr. David L. Hale, Sr., pastor of the highly successful. He readily discovered how Maryland, loved and attended this beautiful Rogersville Presbyterian Church, delivered a to use the American enterprise system to All Saints’ Episcopal Church. On occasion he very moving and appropriate eulogy at a serv- serve others and improve his family’s life. would go back to the Rogersville farm and ice held in honor of the life of George Webster George became a recognized expert on non- worship in town on Sundays in his home at All Saint's Episcopal Church in Chevy profit tax and trade association law, re- church. Chase on June 7. nowned nationally and internationally. He George’s death leaves a huge void in our I would like to place this outstanding tribute must have been one of the best organized ad- lives—especially those of the immediate ministrators in history. Yet this truly great family. Here was a truly remarkable man in the RECORD at this point and call it to the man never lost the human tough. George who walked among us. Overcome by disease, attention of my colleagues and other readers constantly reached out to others to give en- this tireless, loving, human being finally of the RECORD. couragement and a helping hand. He was a wore out. We are thankful to God that his This very fine eulogy really captured the es- kind and generous man. suffering has ended. But his departure from sence of George Webster, and I hope it in- George Webster deeply loved his Country, this earth leaves us saddened and somewhat spires others to try to live their lives to the this great land of America, and was one of alone. We need comfort, strength, courage high standards by which he lived. America’s most loyal patriots. During and hope for the facing of this moment and W.W.II he served in the Navy in the Pacific the hours, days and weeks ahead. We have GEORGE DRURY WEBSTER Theater, where he was involved in some read and heard several passages from God’s (February 8, 1921—June 3, 1996) major battles. He left seminary training to written Word this morning, and God is the (I wish to thank the family for the deep go to Pearl Harbor. George relished being in source of our comfort and consolation. From privilege and honor of being asked to partici- the company of the great leaders of this Na- 1 Corinthians 15 we find Paul teaching us pate today in this Service of Thanksgiving tion, and considered it a high honor and emphatically that the resurrection of Jesus and remembrance of George Webster. They privilege to be able to advise and serve them. Christ is a reality, and that death can no E1310 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 longer sting with any finality, that there is IMPROVEMENTS TO H.R. 2634 crew member is acting in the service of such an eternal life waiting for us. From Psalm company.'' 121 we are assured that God alone is the HON. CLIFF STEARNS A Federal standard governs the conduct of source of strength that counts in our hard nonresidents in those States that do not have and difficult times: ‘‘Our help cometh from OF FLORIDA the Lord which made Heaven and earth.’’ In IN THE HOUSE OF REPRESENTATIVES a right-to-carry statute. However, States that do have their own right-to-carry statutes can Romans 8 we are promised that the love of Wednesday, July 17, 1996 God will never be separated from God’s peo- be assured that their State laws will be re- ple in Jesus Christ. Not even death can re- Mr. STEARNS. Mr. Speaker, on November spected by nonresidents who are within their move us from the presence and love of God. 14, 1995, I introduced H.R. 2634, a bill to borders. This legislation greatly benefits and Psalm 23 reassures us that God is like a com- allow persons to carry concealed firearms in protects this Nation's every increasingly mo- passionate shepherd who is constantly look- every State if they have been issued a license bile society. I believe citizens have the right to ing out for his sheep, and always sees to the to do so by any State. It was referred to the protect themselves and their families any- best care of his flock. ‘‘I will fear no evil, for House Committee on the Judiciary and subse- where in America. It does not make sense for Thou art with me. . . And I shall dwell in the house of the Lord forever.’’ In John 14 quently referred to Subcommittee on Crime. Americans to forfeit their safety because they Jesus promises that there will be a place for H.R. 2634 provided that a person with a happen to be on vacation or on a business us in His eternal home. And that He will permit to carry a concealed firearm in one trip. come again to escort us to our new ‘‘man- State may carry a concealed firearm in any However, if the law of a given State explic- sion.’’ George has found his place there in State ``in accordance with the terms of the li- itly allows licensee's to carry in some places Heaven already. Maybe it will help us to cense.'' This meant that a person with a li- not authorized in the Federal standard, it cer- know in our moments of sadness, that some- cense from State A could carry in State B ac- tainly makes no sense for the nonresident to day we too will find our way there to our cording to the rules of State A. Therefore, indi- be in violation while the resident would not be special eternal room, and rejoin George for a held in violation. The new Stearns bill would glorious and happy reunion in the presence viduals' rights and privileges would differ in the of God. same State depending on their State of origin. authorize the carrying of a concealed firearm f For example, a person licensed in State A by a licensee if the licensees conduct meets traveling to State B would be able to exercise the conditions of the State law through which CRISIS ON THE BORDER different privileges in State B than an individ- the nonresident is traveling or if their conduct ual licensed in State C who was traveling to meets the Federal bright-line rule. HON. HENRY BONILLA State B, as well. This language would require I also added language to address the con- OF TEXAS law enforcement officers to know the right-to- cerns of the law enforcement community. The new bill exempts qualified current and former IN THE HOUSE OF REPRESENTATIVES carry laws of all 50 States because individuals licensed in different States would be allowed law enforcement officers from State laws pro- Wednesday, July 17, 1996 to carry in their State under varying laws. hibiting the carrying of concealed handguns. Mr. BONILLA. Mr. Speaker, there is a crisis To address the above mentioned problems, I urge all of the cosponsors of my first bill, on our border. As the representative for over I have introduced the new Stearns right-to- H.R. 2634 to cosponsor this newly drafted and 800 miles of the Mexican border I know all too carry bill, which is designed to facilitate its im- much improved concealed weapons reciprocity well the extent of the threat to America's law plementation by allowing (a) that the law of bill. abiding border communities. each State governs conduct within the State f This Congress has dramatically increased where the State has a right-to-carry statute; RECOGNIZING MARION MCCONNELL funding for the Border Patrol. I am proud to and (b) that Federal law provide a bright-line have led the effort for this increased funding. standard of conduct applicable to States that However, far more needs to be done. Agents do not have a right-to-carry statute. HON. BILL BAKER have been transferred to other regions. Courts Under the new Stearns bill, if State A has a OF CALIFORNIA and prisons are underfunded; and drug run- right-to-carry statute, an individual's conduct IN THE HOUSE OF REPRESENTATIVES ners and alien smugglers are making this part who was licensed in State B would be gov- Wednesday, July 17, 1996 of America a base for their operations. erned by the right-to-carry laws of State A Mr. BAKER of California, Mr. Speaker, re- Our pleas for help along the border have while he was traveling with State A. Therefore, cently a remarkable woman in my district in not fallen on deaf ears. The Appropriations bill if State A imparts more privileges upon individ- California was named the 1996 Red Cross before us today offers hope in fighting this ual licensed to carry than State B, then the in- Volunteer of the Year. Marion McConnell of criminal plague. This Treasury, Postal Appro- dividual licensed in State B would be gov- Moraga was recognized for her 46 years of priation increases funding for the Office of Na- erned by the right to carry laws of State A outstanding service at a National Red Cross tional Drug Control Policy by about 25%. This while he was in State A. ceremony in Cleveland, OH earlier this year. money can be used to combat the drug run- The individual licensed in State B would For almost five decades, Marion has served ners threatening Americans in Texas border also be in compliance with the law if he car- by registering donors with the Red Cross communities, farms and ranchers. ried in State C with no right-to-carry statute Bloodmobile, chairing the Berkeley chapter of It is now up the Administration to spend this pursuant to the Federal bright-line standard. the Red Cross, writing the manual for coordi- money on the border, the front line of the drug The Federal bright-line standard governing nating the volunteer program, traveling the 11 war, not on more Washington bureaucrats. those States with no right-to-carry statute Western States teaching from the manual to The drug czar himself was recently in Eagle would solve the problem of States with no other Red Cross personnel, and coordinating Pass, Texas. He saw with his own eyes and carry licenses and thus no standards. This volunteer activities at emergencies and disas- he heard with his own ears of the dangers our Federal bright-line standard governs conduct ters around the United States. poor border communities confront. He now only, meaning it governs where one may not Marion helped consolidate numerous local should know first-hand the problems border carry a concealed firearm notwithstanding the chapters into a single chapter which encom- residents face. fact that they have a license to carry. It is in- passes the 5 Bay Area counties, a chapter Today we are voting to give him the re- tended to make clear that an individual may now having roughly 3,400 volunteers. sources to conduct this fight. We are restoring not carry a concealed firearm in certain highly Marion McConnell has given aid to count- cuts made in previous White House budgets. sensitive locations such as court rooms, police less hurting people in crisis after crisis. Her I hope we have gotten the White House's at- stations, schools, and other locations. devotion to the work of the Red Cross has tention now that this is an election year. The The Federal bright-line standard is not a li- brought about transfusions for accident vic- evidence has been seen and resources pro- censing mechanism. Licenses to carry would tims, food and shelter for victims of earth- vided. Americans along the border have the still need to be lawfully obtained from a State quakes and floods, and education for new vol- same right to safety and security as other which has a licensing mechanism. unteers who want to learn how to serve effi- Americans. Precedent already exists for Federal stand- ciently. Yet Marion's superb leadership has My colleagues, this legislation provides the ards which preempt State law in this area. also meant a warm smile, a comforting word, resources to stop the drug runners and end Title 15 United States Code, section 902 pro- and a caring spirit to frightened and distraught the crisis on the border. If you care about the vides that members of armored car crews with people who have seen their homes and even safety and security of your fellow Americans licenses to carry issued by a State ``shall be livelihoods vanish in an instant. This is a gift along the border vote for this Treasury, Postal entitled to lawfully carry any weapons to which that cannot be measured but whose value is Appropriations bill. such license relates in any State while such inestimable. July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1311 I am extremely pleased to ask my col- up the experience with these words: `` . . . it tions indicate that a rail shutdown would cause leagues to join me in honoring Marion McCon- seems to me a pure miracle that we ever took nearly 600,000 non-rail layoffs within 2 weeks, nell. Her wonderful work is the embodiment of the beach at all.'' The miracle was the junior and over 1 million such layoffs after 4 weeks. what it means to be a good neighbor, and she officers like Rex and the regimental NCOs Besides the industries directly served by the is more than deserving of recognition in the who ensured that the beach was taken, that freight railroads, Amtrak and most commuter CONGRESSIONAL RECORD. the battle for Normandy was victorious, and and rail services must use tracks and equip- f that the war was won. ment of the freight railroad network. For these When the war ended, Rex came home like rail passenger services, a freight rail shutdown REX F. GIBSON HONORED so many other citizen-soldiers to continue with could strand 294,000 commuters and 25,000 his life. Until now, Rex thought he had only Amtrak riders per day. HON. J.D. HAYWORTH done his duty as a citizen and a patriot. He In light of the vital economic role of continu- OF ARIZONA did not know that his Regiment, his Division, ous and reliable rail service, we urge both rail IN THE HOUSE OF REPRESENTATIVES and his country thought he had done more. labor and rail management to negotiate in Wednesday, July 17, 1996 Back in June of 1944, his division commander, good faith, using the recommendations of the Mr. HAYWORTH. Mr. Speaker, in the chaos Maj. Gen. Charles Gerhardt recommended three Presidential Emergency Boards to inform of battle, victory is determined, not by the him for the Bronze Star with Valor for his out- their deliberations. Although Congress has in- planning of Generals and staff officers, but by standing service during the Battle of Nor- tervened in a number of rail shutdowns in the the leadership of the junior officers and non- mandy. past, this should be a last resort. Privately ne- commissioned officers [NCOs]. The Battle of Mr. Speaker, 52 years is too long for any- gotiated voluntary agreements are vastly pref- Normandy was no different. In fact, the histo- one to wait to be properly recognized for their erable, for the employees, the rail carriers, rian Stephen E. Ambrose, in his book ``D±Day: service to their country. I want to thank Rex and the nation. The Climatic Battle of World War II,'' wrote: for his dedication and patriotism. Meanwhile, to aid the Members of Congress . . . for all the inspired leadership, in the f and the public in understanding the issues in- end success or failure in Operation Overload volved in these three labor disputes, we are came down to a relatively small number of RAILWAY LABOR-MANAGEMENT making available in the Committee's offices junior officers, noncoms, and privates ... if DISPUTES summaries of the three Presidential Emer- the noncoms and junior officers failed to gency Board reports. The PEB reports them- lead their men up and over the seawall to move inland in the face of enemy fire-why, HON. BUD SHUSTER selves totaled approximately 150 pages. We then the most thoroughly planned offensive OF PENNSYLVANIA hope that this condensed summary will help in military history, an offensive supported all concerned understand the issues better, by incredible amounts of naval firepower, HON. SUSAN MOLINARI and to evaluate the accuracy of any claims bombs, and rockets, would fail . . . It came OF NEW YORK about the content of the PEB recommenda- down to a bunch of 18 to 28 year IN THE HOUSE OF REPRESENTATIVES tions they may hear in the coming weeks. olds ... They were citizen soldiers, not pro- Wednesday, July 17, 1996 fessionals. f This weekend, I will have the opportunity to Mr. SHUSTER. Mr. Speaker, three labor participate in a ceremony where one of my disputes, affecting several major unions and HONORING JAMES J. McFADDEN constituents, Rex F. Gibson, a citizen-soldier, most of the Nation's major railroads, are now will finally receive his Bronze Star with Valor in the final days of the process provided for in HON. ELIOT L. ENGEL for his actions in Normandy in 1944. the Railway Labor Act. All three disputes have Rex Gibson personified the concept of the undergone extensive mediation. When the OF NEW YORK citizen-soldier. In 1939, he joined the Arizona produced impasses, the President appointed a IN THE HOUSE OF REPRESENTATIVES National Guard while he was in college in Presidential Emergency Board [PEB] for each Wednesday, July 17, 1996 Safford, AZ. He was selected for Officer Can- of the disputes, as provided in the Railway Mr. ENGEL. Mr. Speaker, there are many didate School to be commissioned as a Sec- Labor Act, to recommend proposed settlement people in the Riverdale section of the Bronx ond Lieutenant in the United States Army. terms. The three PEBs issued their reports on Rex was assigned as platoon leader of the June 23, 1996. The issuance of the PEB re- who are worthy of praise for all of their civic Intelligence and Reconnaissance Section in ports began the final 30-day ``cooling-off'' pe- activities. One of the most deserving in James the 116th Infantry Regiment, 29th Infantry Di- riod under the Railway Labor Act for the par- J. McFadden, who for many years has given vision, a National Guard Division, Rex's regi- ties to attempt a negotiated solution to their unselfishly of himself to make his neighbor- ment was nicknamed the ``Stonewallers'' after disputes. In any dispute where an agreement hood, his borough and his city a better place. their legendary Southern commander. Gen. is not reached within this final 30 days, both He is a founding member of the Frances Stonewall Jackson. Rex and the stonewallers sides are free to employ ``self-help'' under the Schervier Home and Hospital Area Board of were about to become famous as well. They Railway Labor ActÐa strike by labor, or a Trustees. He has initiated programs, to help would be the first regiment of the 29th division lockout or unilateral promulgation of new rules drop-outs take high school equivalency to land on Omaha Beach during the invasion and working conditions by management. In the exams, served as city labor commissioner and of Normandy. To the horror of the soldiers, the three pending cases, this earliest legal time for has served on the boards of the New York Army-Air Force and the Navy did not silence self-help will be 12:01 a.m., July 24. City Department of the Aging and the Yonkers the German machine guns or destroy the The stakes in these negotiations go far be- Waterfront Commission. It is a great honor for barbed wire and other obstacles on the beach. yond the railroad industry itself. Although there me to be able to note that he is being named Their landing craft ramps opened to a wall of are alternative methods of transportation, a as Riverdalian of the Year by the Riverdale machine gun and artillery fire. Chaos broke number of industries cannot readily eliminate Community Council, a richly deserved honor. out as soldiers tried to find safety. Rex and his their heavy reliance on rail service. These in- f fellow stonewallers quickly took the initiative clude automobile manufacturing, paper, and braved the machine gun fire to get a foot- chemicals, and coal. As more and more indus- PERSONAL EXPLANATION hold on the beach. tries have adopted ``just-in-time'' delivery of By nightfall, the beach was taken but, at a supplies and parts to reduce inventory costs, terrible price. Rex's regiment suffered heavily the continuity of rail service has become even HON. WILLIAM F. GOODLING from the assault. Platoons and companies more important to the economy. As a result, OF PENNSYLVANIA were decimated because they had lost so an interruption of rail service for even a few IN THE HOUSE OF REPRESENTATIVES days can require the complete shutdown of many of their soldiers on the beach. The Wednesday, July 17, 1996 116th Regiment may have been battered, but many of the plants in these industries. Overall, they were not out of this battle yet. Rex and some $2.7 billion of goods move by rail every Mr. GOODLING. Mr. Speaker, this morning the Stonewallers moved forward from the day. At the time of the 1991 national rail I was attending the funeral of a close friend. beach into France, fighting the Germans for strike, the Council of Economic Advisors esti- Regrettably, I missed the first rollcall vote of another month. mated the non-recoverable damage to the the day which was a procedural vote. The famous war correspondent Ernie Pyle, economy of a rail shutdown as $1 billion per Had I been present, I would have voted who later landed on Omaha Beach, summed day after the first few days. Current projec- ``no.'' E1312 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 1996 LEGISLATION TO NAME POST OF- dedicated public service of Roger P. McAuliffe teacher's salary, but Robert and Margaret FICE IN HONOR OF ROGER P. than to rename the Dunning Post Office in didn't do it with money, they reared their chil- McAULIFFE Chicago, IL, the ``Roger P. McAuliffe Post Of- dren with an abundance of love and firm guid- fice.'' ance. The Stevens children are living proof HON. MICHAEL PATRICK FLANAGAN f that their parents possessed a wealth of those OF ILLINOIS parental gifts. TRIBUTE TO RETIRED TEACHER IN THE HOUSE OF REPRESENTATIVES AND CHURCH VOLUNTEER ROB- The number of young lives that Bob has Wednesday, July 17, 1996 ERT H. STEVENS, SR. shaped extends far beyond his own children. During a 34-year tenure as a French and so- Mr. FLANAGAN. Mr. Speaker, I am today cial studies teacher in the Riverhead School introducing legislation, with the cosponsorship HON. MICHAEL P. FORBES District, Bob was a gifted educator who contin- of the entire Illinois House delegation and the OF NEW YORK ually gave of himself to his students, serving chairman of the House Committee on Govern- IN THE HOUSE OF REPRESENTATIVES as an advisor to the French Club and organiz- ment Reform and Oversight's Subcommittee Wednesday, July 17, 1996 ing countless field trips to the theaters and on Postal Service, to rename the Dunning museums in New York City. He also served as Post Office in the 14th State House District of Mr. FORBES. Mr. Speaker, I rise today to a Cub Scout and Boy Scout Master in Illinois the ``Roger P. McAuliffe Post Office.'' honor and pay tribute to Robert H. Stevens, Westhampton Beach for 10 years. Illinois State Representative Roger McAuliffe Sr., a man whose selfless devotion to his fam- tragically lost his life in a boating accident over ily, faith, and the entire community has Fortified by faith, Robert has a seemingly the recent Fourth of July weekend. Roger was touched the lives of so many people from my endless supply of energy when it comes to a constituent of mine who represented his dis- hometown of Westhampton Beach, Long Is- finding time for his church. For 20 years, Rob- trict on Chicago's Northwest Side as well as land. ert has been a trustee at the Church of the several suburbs including Park Ridge, Rose- As a teacher, a volunteer, and a humble Immaculate Conception in Quiogue, where the mont, Norridge, and Schiller Park. man of faith, Robert Stevens has set a stand- Stevens family have been an integral part of Roger was the dean of the Illinois State ard that will be felt for generations to come, as the musical worship during the Sunday morn- House Republicans, having served in the Illi- each of his nine children, and their children in ing service. Bob sang with the choir for 29 nois General Assembly from 1973 until the turn, live that example every day. While some years and led the congregation in song as the day of his tragic fatal accident. A number of men change the course of history in full view head cantor, while Margaret accompanied him members of our Illinois House delegation of the world, men like Robert Stevens affect as organist. He is also a charter member of served with Roger in the Illinois General As- our Nation's destiny with simple acts of char- the Knights of Columbus Father Joseph sembly and they have all told me that it was ity, repeated every day over the course of a Slomski Council No. 7423 in Westhampton an honor to have been in the legislature with lifetime. Beach. him. Roger was serving as an assistant major- I know Robert Stevens because we share Bob has also been the chairman of the ity leader in the Illinois House at the time of common roots: both of us were born and Bishops' Annual Appeal, the diocese's annual his death. raised in Westhampton Beach, and left to at- fundraising effort among its parishes. After re- Roger was an informal advisor to me in Chi- tend college in Albany, NY, where Bob at- tiring from teaching Robert worked as the cago area matters. He always had sound ad- tended the State teachers college. Like so church sexton, maintaining the facilities at the vice on legislation that had an impact on Chi- many men of his generation, his plans for the church, its rectory, and the School of Religious cago and its suburbs. Other members have future were interrupted during World War II, Education. time and again lauded Roger's useful insights when he was stationed half a world away in to them as well. the China/India/Burma theater. For 4 years, On June 6, 1995, Margaret and Robert cele- Roger was a 1956 graduate of my own Bob served as a gunnery and armament staff brated their 50th wedding anniversary. Six alma mater, Lane Technical High School. He officer with the Air Service Maintenance Divi- months later, Robert lost the love of his life began his public service career path when he sion, until the war ended. when Margaret left this world after a valiant served in the U.S. Army from 1961 to 1963. From within that horrific war emerged many battle against cancer. All who were blessed to Roger graduated from the Chicago Police small miracles, and one of them touched Rob- know Margaret were saddened by her pass- Academy in 1965 and was a Chicago police ert Stevens. While stationed in India, he met ing, and none more than Bob. With an unwav- officer ever since. Roger never wanted any his beautiful wife, the former Margaret ering faith, a divine trust that blessed him with preferential treatment because of his being a Lettington. The daughter of a British Army 50 joyous years with a truly wonderful woman, State Representative. He always refused the major with the Royal Engineers, Margaret was Bob takes solace in the fact that Margaret opportunity for any promotions and preferred born and raised in India and didn't leave that rests near God's side. to stay a patrolman all his life. At the time of country until she married Bob. They were mar- Though it is a principle that has lost popu- his death, Roger was still serving proudly as ried on June 6, 1945, and left together later larity in today's society, Robert H. Stevens, a Chicago patrolman. that year to start a new life in Westhampton Sr., has always trusted in God's plan for his Roger was well respected and well liked by Beach. life, allowing him to accept the Lord's blessing Republicans and Democrats alike and that un- Together, Margaret and Robert raised nine that he in turn passed on to the world. Bob's doubtedly is a key reason why this legislation exceptional children, now ranging in ages be- enduring legacy is that he proves to all of us has such broad bipartisan support. The Dun- tween 49 and 33, most of whom still make that an extraordinary life is composed of an ning Post Office that this legislation would re- their home on Long Island. Their children are endless succession of ordinary acts of charity name after Roger P. McAuliffe is not only in Joan Urban, Robert H. Stevens Jr., Patricia and faith. Faith can move mountains, and the 5th Congressional District of Illinois but, Damrow, Anne Kowalski, Paul Stevens, Kath- Robert Stevens has showed that every single also, as noted previously, in Roger's 14th erine O'Cain, Margaret Rattoballi, Joseph Ste- one of us can change the course of our Na- State House District. I can think of no finer ac- vens, and Mary Stevens. Supporting such a tion's destiny from within small villages like tion that can be taken to forever honor the large family could not have been easy on a Westhampton Beach. May God bless him. July 17, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1313 SENATE COMMITTEE MEETINGS applications, commercial use of pat- JULY 25 Title IV of Senate Resolution 4, ents, reexamination reform. 9:30 a.m. agreed to by the Senate on February 4, SD–226 Energy and Natural Resources 2:00 p.m. 1977, calls for establishment of a sys- Parks, Historic Preservation and Recre- Foreign Relations tem for a computerized schedule of all ation Subcommittee To hold hearings on the nominations of To hold hearings on S. 1699, to establish meetings and hearings of Senate com- Pete Peterson, of Florida, to be Ambas- the National Cave and Karst Research mittees, subcommittees, joint commit- sador to the Socialist Republic of Viet- Institute in the State of New Mexico, tees, and committees of conference. nam, Genta Hawkins Holmes, of Cali- S. 1737, to protect Yellowstone Na- This title requires all such committees fornia, to be Ambassador to Australia, tional Park, the Clarks Fork of the to notify the Office of the Senate Daily Arma Jane Karaer, of Virginia, to be Yellowstone National Wild and Scenic Digest—designated by the Rules Com- Ambassador to Papua New Guinea, and River and the Absaroka-Beartooth Wil- mittee—of the time, place, and purpose to serve concurrently and without ad- derness Area, and S. 1809, entitled the of the meetings, when scheduled, and ditional compensation as Ambassador ‘‘Aleutian World War II National His- any cancellations or changes in the to Solomon Islands, and as Ambassador toric Areas Act’’. meetings as they occur. to the Republic of Vanuatu, and John SD–366 As an additional procedure along Stern Wolf, of Maryland, for the rank Labor and Human Resources To hold hearings to examine genetic is- with the computerization of this infor- of Ambassador during his tenure of service as United States Coordinator sues. mation, the Office of the Senate Daily SD–430 Digest will prepare this information for for Asia Pacific Economic Cooperation. SD–419 printing in the Extensions of Remarks JULY 29 section of the CONGRESSIONAL RECORD JULY 24 2:00 p.m. on Monday and Wednesday of each NATIONAL COMMISSION ON RESTRUC- week. 9:30 a.m. TURING THE INTERNAL REVENUE Meetings scheduled for Thursday, Environment and Public Works SERVICE July 18, 1996, may be found in the Daily Business meeting, to consider pending To hold a closed executive session. calendar business; to be followed by a Digest of today’s RECORD. SD–192 hearing on the nominations of Nils J. MEETINGS SCHEDULED Diaz, of Florida, and Edward JULY 30 McGaffigan, Jr., of Virginia, each to be 9:30 a.m. JULY 19 a Member of the Nuclear Regulatory Energy and Natural Resources 10:00 a.m. Commission. Forests and Public Land Management Sub- Appropriations SD–406 committee Treasury, Postal Service, and General Gov- Labor and Human Resources To hold oversight hearings to examine ernment Subcommittee Business meeting, to mark up S. 1490, to the conditions that have made the na- Business meeting, to mark up H.R. 3756, improve enforcement of Title I of the tional forests in Arizona susceptible to making appropriations for the Treas- Employee Retirement Income Security fires and disease. ury Department, the United States Act of 1974 and benefit security for par- SD–366 Postal Service, the Executive Office of ticipants by adding certain provisions 2:30 p.m. the President, and certain Independent with respect to the auditing of em- Energy and Natural Resources Agencies for the fiscal year ending Sep- ployee benefit plans. Forests and Public Land Management Sub- tember 30, 1997. SD–430 committee SD–192 Rules and Administration To hold hearings on S. 931, to authorize 11:00 a.m. To resume hearings to examine the role the construction of the Lewis and Foreign Relations of the Federal Depository Library Pro- Clark Rural Water System and to au- To hold hearings on the nomination of gram of the Government Printing Of- thorize assistance to the Lewis and Jeffrey S. Davidow, of Virginia, to be fice in ensuring public access to Gov- Clark Rural Water System, Inc., a non- an Assistant Secretary of State for ernment information. profit corporation, for the planning and Inter-American Affairs. construction of the water supply sys- SD–419 SR–301 Indian Affairs tem, S. 1564, to authorize the Secretary of the Interior to provide loan guaran- JULY 23 Business meeting, to mark up S. 199, Trading with Indian Act Repeal, S. tees for water supply, conservation, 9:30 a.m. 1893, the Torres-Martinez Desert quality and transmission projects, S. Energy and Natural Resources 1565, to supplement the Small Rec- Cahuilla Indians Claims Settlement To hold hearings on S. 1678, to abolish lamation Projects Act of 1956 and to Act, S. 1962, the Indian Child Welfare the Department of Energy. supplement the Federal Reclamation Act Amendments, H.R. 2464, to add ad- SD–366 laws by providing for Federal coopera- ditional land to the Goshute Indian Foreign Relations tion in non-Federal projects and for European Affairs Subcommittee Reservation in Utah, H.R. 3068, to re- participation by non-Federal agencies To hold hearings on the status of the voke the Charter of the Prairie Island in Federal projects, S. 1649, to extend Bosnia peace process. Indian Community, proposed legisla- contracts between the Bureau of Rec- SD–419 tion to amend the National Museum of lamation and irrigation districts in Small Business the American Indian Act, proposed leg- Kansas and Nebraska, S. 1719, Texas To hold oversight hearings on implemen- islation relating to Navajo/Hopi land Reclamation Projects Indebtedness tation of the Small Business Regu- dispute settlement, and proposed legis- Purchase Act, and S.1921, to transfer latory Enforcement Fairness Act. lation to make technical amendments certain facilities at the Minidoka SR–428A to the Older Americans Indian Act. project to Burley Irrigation District. Select on Intelligence SR–485 SD–366 To hold hearings on the status of the Select on Intelligence Dayton Peace Accord. To continue hearings on the status of the AUGUST 1 SH–216 Dayton Peace Accord. 10:00 a.m. 10:00 a.m. SH–216 Finance Foreign Relations 10:00 a.m. International Trade Subcommittee To hold hearings to review foreign policy Veterans’ Affairs To hold hearings to examine the threat issues. to United States trade and finance Business meeting, to mark up S. 1791, to SD–419 from drug trafficking and international increase, effective as of December 1, organized crime. 1996, the rates of disability compensa- SEPTEMBER 17 SD–215 tion for veterans with service-con- 9:30 a.m. Judiciary nected disabilities and the rates of de- Veterans’ Affairs To hold hearings on S. 1961, to establish pendency and indemnity compensation To hold joint hearings with the House the United States Intellectual Prop- for survivors of such veterans, and Committee on Veterans’ Affairs to re- erty Organization, and to amend the other pending committee business. view the legislative recommendations provisions of title 35, United States SR–418 of the American Legion. Code, relating to procedures for patent 334 Cannon Building Wednesday, July 17, 1996 Daily Digest

HIGHLIGHTS House Committee ordered reported 20 sundry measures. Senate Adopted: Chamber Action Stevens Amendment No. 4439, to realign funds Routine Proceedings, pages S7921–S8064 from Army and Defense Wide Operation and Main- Measures Introduced: Seven bills and one resolu- tenance accounts to the Overseas Contingency Oper- tion were introduced, as follows: S. 1963–1969, and ations Transfer Fund. Pages S7929±30 Stevens (for Inouye) Amendment No. 4589 (to S. Res. 279. Page S8013 Amendment No. 4439), in the nature of a sub- Measures Passed: stitute. Pages S7929±30 Commending Dr. LeRoy T. Walker: Senate Stevens Amendment No. 4563, to require a study agreed to S. Res. 279, to commend Dr. LeRoy T. regarding the F–22 Advanced Tactical Fighter. Walker for his service as President of the U.S. Pages S7930±31 Olympic Committee and his lifelong dedication to Inouye (for Bingaman) Amendment No. 4489, to the improvement of amateur athletic opportunities reduce funding for Pentagon renovation. Page S7931 in the United States. Pages S7936±37 Stevens (for Lott) Amendment No. 4566, to pro- vide funds for the Maritime Technology program Gambling Impact Study Commission: Senate and the Focused Research Initiatives program. passed H.R. 497, to create the National Gambling Pages S7931±32 Impact and Policy Commission, after striking all Inouye (for Bingaman/Domenici/Santorum) after the enacting clause and inserting in lieu thereof Amendment No. 4490, to make funds available for the text of S. 704, Senate companion measure, after the United States-Japan Management Training Pro- agreeing to a committee amendment in the nature gram. Page S7932 of a substitute, and the following amendment pro- Inouye (for Feinstein) Amendment No. 4462, to posed thereto: Pages S7971±82 provide funds for the procurement of a real-time, Lott (for Stevens) Amendment No. 4889, to make automatic cargo tracking and control system. a technical correction. Page S7981 Pages S7932±33 Subsequently, S. 704 was returned to the Senate Stevens (for Bond/Ford/Lott) Amendment No. calendar. Page S7981 4452, to prohibit the use of funds to inactivate or reduce any unit of special operation forces of the Filipino WWII Veterans Recognition: Commit- Army National Guard. Pages S7933±34 tee on the Judiciary was discharged from the further Inouye (for Shelby/Heflin) Amendment No. 4572, consideration of S. Con. Res. 64, to recognize and to require the Secretary of the Army to establish honor the Filipino World War II veterans for their subcontracting goals for certain procurement using defense of democratic ideals and their important con- funds appropriated by the bill. Page S7934 tribution to the outcome of World War II, and the Stevens Amendment No. 4564, to require a report measure was then agreed to. Pages S8060±61 from the Secretary of the Air Force and the Director DOD Appropriations: Senate resumed consider- of the Office of Personnel Management regarding in- ation of S. 1894, making appropriations for the De- dividuals injured or killed while traveling on an air- partment of Defense for the fiscal year ending Sep- craft operated by the Government of the United tember 30, 1997, taking action on the following States. Pages S7934±35 amendments proposed thereto: Inouye (for Lautenberg) Amendment No. 4550, to Pages S7928±71, S7983±S8007 require a report on meeting Department of Defense procurements of propellant raw materials. Page S7935 D751 D752 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996 Stevens (for Murkowski) Amendment No. 4534, Inouye (for Heflin) Amendment No. 4885, to pro- to require the Secretary of the Air Force to carry out vide funds for the Operation Field Assessment Pro- a cost-benefit analysis of consolidating the ground gram. Pages S7968±69 station infrastructure supporting polar orbiting sat- Stevens (for Santorum) Amendment No. 4886, to ellites. Pages S7935±36 make funds available for acceleration of a program to Inouye (for Bradley) Amendment No. 4569, to develop thermally stable jet fuels using chemicals impose additional conditions on the authority to pay derived from coal. Page S7969 restructuring costs under defense contracts. Inouye (for Kerry/McCain) Amendment No. 4451, Pages S7941±42 to make funds available for payment to certain Viet- Stevens (for Specter) Amendment No. 4480, to namese commandos captured and interned by North provide funds for the Intercooled Recuperated Gas Vietnam. Page S7969 Stevens (for Bennett) Amendment No. 4887, to Turbine Engine program. Page S7942 Stevens (for Cochran/Lott) Amendment No. 4666, make funds available for evaluation of a non-devel- opmental Doppler sonar velocity log. Pages S7969±70 to allow the Secretary of the Navy to lease certain Inouye (for Byrd) Amendment No. 4888, to make property located at Naval Air Station, Mississippi, funds available for scientific research on possible cas- for use by the State to construct a reserve center. ual relationships between Gulf War service and Gulf Page S7943 War syndrome. Page S7970 Stevens (for Frahm) Amendment No. 4528, to re- Stevens (for Specter) Modified Amendment No. quire certification of competition prior to the appro- 4575, to provide funds for the Super Dragon Missile priations of funds for the T–39N. Pages S7943±44 System. Page S7983 Simon Amendment No. 4852, to improve the Na- Stevens (for Helms) Modified Amendment No. tional Security Education Program. Pages S7945±46 4493, to provide funds to assist the education of cer- Inouye (for Moseley-Braun) Amendment No. tain dependents of Department of Defense personnel 4568, to require annual reports on the average cost at Fort Bragg and Pope Air Force Base, North Caro- of tuition at colleges and universities that receive lina. Pages S7983±84 federal funding. Page S7946 Inouye (for Dodd) Amendment No. 4890, to McCain Amendment No. 4440, to require an allow funds to be used to initiate engineering and audit and report on security measures at all United manufacturing development of the airborne mine States military installations outside the United countermeasure system. Pages S7984±85 States. Pages S7946±48 Stevens (for McCain) Modified Amendment No. McCain/Levin Modified Amendment No. 4444, to 4443, to reduce funds available for environmental ac- provide funds for anti-terrorism activities of the De- tivities with respect to the Joint Readiness Training partment of Defense. Pages S7948±49 Center at Fort Polk, Louisiana. Pages S7987±88 McCain Amendment No. 4441, to require the Stevens (for Johnston/Breaux) Modified Amend- submittal to Congress of the future-years defense ment No. 4448 (to Amendment No. 4443), to re- programs prepared by the Chief of National Guard store $500,000 for environmental activities with re- Bureau and the chiefs of the reserve components. spect to the Joint Readiness Training Center at Fort Polk, Louisiana. Page S7988 Pages S7950±51 Stevens (for Gramm) Modified Amendment No. Stevens (for Feingold/Kohl/Bumpers) Amendment No. 4892, to provide for a review, analysis and esti- 4582, to provide funds for preparing the application mate of production costs of the F/A–18E/F aircraft for renewal of the use of the McCregor Range at program. Pages S7992±94 Fort Bliss, Texas. Page S7954 Rejected: Gorton Amendment No. 4883, to provide funds Simon Amendment No. 4591, to ensure that to fund 1.5 ship years in the university research fleet work under Department of Defense contracts is per- under the Oceanographic and Atmospheric Tech- formed in the United States. (By 69 yeas to 29 nays nology program. Page S7954 (Vote No. 194), Senate tabled the amendment.) Inouye (for Feinstein) Amendment No. 4884, to Pages S7937±43, S7945 provide funds for the Pulse Doppler Upgrade modi- McCain Amendment No. 4442, to limit the use fication to the AN/SPS–48E radar system. of funds for programs, projects, and activities not in- Page S7954 cluded in the most recent future-years defense pro- By a unanimous vote of 100 yeas (Vote No. 195), gram. Pages S7933, S7951±54 Nunn Amendment No. 4453, to provide funds for Grassley Amendment No. 4463, to prohibit the defending the United States against weapons of mass use of funds for support of more than 68 general of- destruction. Pages S7965±68, S7970±71 ficers of the Marine Corps on active duty. (By 79 July 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D753 yeas to 21 nays (Vote No. 196), Senate tabled the Additional Cosponsors: Pages S8027±28 amendment.) Pages S7985±87, S7989 Amendments Submitted: Pages S8028±58 By 44 yeas to 56 nays (Vote No. 197), Bumpers Amendment No. 4891, to reduce procurement of F/ Notices of Hearings: Pages S8058±59 A–18C/D fighters to six aircraft. Pages S7989±92 Authority for Committees: Page S8059 Pending: Harkin/Simon Amendment No. 4492, relating to Additional Statements: Pages S8059±60 payments by the Department of Defense of restruc- Record Votes: Four record votes were taken today. turing costs associated with business combinations. (Total–197) Pages S7945, S7970, S7989, S7992 Pages S7997±S8005 Adjournment: Senate convened at 9:30 a.m., and Levin Amendment No. 4893, to strike funding adjourned at 8:15 p.m., until 9:30 a.m., on Thurs- for new production of F–16 aircraft in excess of six, day, July 18, 1996. (For Senate’s program, see the and transfer the funding to increase funding for anti- remarks of the Acting Majority Leader in today’s terrorism support. Pages S8005±07 A unanimous-consent agreement was reached pro- Record on page S8062.) viding for further consideration of the bill on Thurs- day, July 18, 1996, with final disposition to occur Committee Meetings thereon. Page S7997 Budget Reconciliation: A unanimous-consent (Committees not listed did not meet) agreement was reached providing for consideration of S. 1956, to provide for reconciliation pursuant to FINANCIAL INSTRUMENTS FRAUD section 202(a) of the concurrent resolution on the budget for fiscal year 1997, on Thursday, July 18, Committee on Banking, Housing, and Urban Affairs: Committee concluded hearings on S. 1009, to pro- 1996. Page S7997 hibit the fraudulent production, sale, transportation, Messages From the President: Senate received the or possession of fictitious items purporting to be following messages from the President of the United valid financial instruments of the United States, for- States: eign governments, States, political subdivisions, or Transmitting the report of the President’s Advi- private organizations, and to increase the penalties sory Board on Arms Proliferation Policy; referred to for counterfeiting violations, after receiving testi- the Committee on Armed Services. (PM–160). mony from Michael C. Stenger, Special Agent in Page S8011 Transmitting the report concerning the emigra- Charge, Financial Crimes Division, United States Se- tion laws and policies of the Republic of Bulgaria; cret Service, Department of the Treasury; Charles L. referred to the Committee on Finance. (PM–161). Owens, Section Chief, Criminal Investigative Divi- Pages S8011±12 sion, Federal Bureau of Investigation, Department of Justice; William R. McLucas, Director, Division of Nominations Confirmed: Senate confirmed the fol- Enforcement, U.S. Securities and Exchange Commis- lowing nominations: sion; Herbert A. Biern, Deputy Associate Director, Charles N. Clevert, Jr., of Wisconsin, to be Unit- Division of Banking Supervision and Regulation, ed States District Judge for the Eastern District of Wisconsin. Federal Reserve Board; George M. Donahue, New Routine lists in the Public Health Service. York County Assistant District Attorney, New York, Pages S8061±62, S8063 New York; Albert M. Pennybacker, National Coun- cil of the Churches of Christ in the U.S.A., Wash- Nominations Received: Senate received the follow- ington, D.C.; Donald C. Bell, Salvation Army, Alex- ing nominations: andria, Virginia; and Richard Furr, Central Carolina 1 Army nomination in the rank of general. Bank and Trust Company, Durham, North Carolina. Routine lists in the Air Force, Army, and Navy. Pages S8062±63 FAA SAFETY OVERSIGHT Messages From the President: Pages S8011±12 Committee on Commerce, Science, and Transportation: Messages From the House: Page S8012 Committee held hearings to examine Federal Avia- Measures Placed on Calendar: Page S8012 tion Administration safety procedures and certain is- sues relating to the Department of Transportation’s Communications: Pages S8012±13 oversight of the commercial airline ValuJet, receiv- Petitions: Page S8013 ing testimony from Federico Pen˜a, Secretary, and Statements on Introduced Bills: Pages S8013±27 David R. Hinson, Administrator, Federal Aviation D754 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996

Administration, both of the Department of Trans- agement Division, General Accounting Office; John portation; A. Mary Schiavo, former Inspector Gen- Koskinen, Deputy Director for Management, Office eral, Department of Transportation; and Lewis H. of Management and Budget; Emmett Paige, Jr., Jordan, ValuJet Airlines, Atlanta, Georgia. Chief Information Officer, Department of Defense; Hearings were recessed subject to call. Steven M. Yohai, Chief Information Officer and Di- EXTRADITION AND MUTUAL LEGAL rector, Office of Information Technology, Depart- ASSISTANCE TREATIES ment of Housing and Urban Development; Joe M. Thompson, Chairman, Chief Information Officers Committee on Foreign Relations: Committee concluded Working Group, General Services Administration; hearings on the Extradition Treaty with Hungary Alan Hald, MicroAge Inc., Arlington, Virginia, on (Treaty Doc. 104–5), the Extradition Treaty with behalf of the Computing Technology Industry Asso- Belgium (Treaty Doc. 104–7), the Supplementary ciation; Stephen M. Smith, Andersen Consulting, Extradition Treaty with Belgium (Treaty Doc. Washington, D.C.; and Milton E. Cooper, Computer 104–8), the Extradition Treaty with Switzerland Sciences Corporation, Falls Church, Virginia. (Treaty Doc. 104–9), the Extradition Treaty with Hearings were recessed subject to call. the Philippines (Treaty Doc. 104–16), the Extra- dition Treaty with Bolivia (Treaty Doc. 104–22), the CRIME TECHNOLOGY Extradition Treaty with Malaysia (Treaty Doc. Committee on the Judiciary: Committee concluded 104–26), the Treaty with the Republic of Korea on hearings to assess national efforts to develop and in- Mutual Legal Assistance in Criminal Matters (Treaty tegrate databases necessary to give national law en- Doc. 104–1), the Treaty with the United Kingdom forcement the access to criminal history information, on Mutual Legal Assistance on Criminal Matters ballistics information, and DNA data, and related (Treaty Doc. 104–2), the Treaty with the Phil- provisions of S. 816, Local Law Enforcement En- ippines on Mutual Legal Assistance in Criminal Mat- hancement Act, after receiving testimony from ters (Treaty Doc. 104–18), the Treaty with Hungary Charles W. Archer, Assistant Director, Criminal Jus- on Legal Assistance in Criminal Matters (Treaty Doc. tice Information Services Division, Federal Bureau of 104–20), and the Treaty with Austria on Legal As- Investigation, and Randall S. Murch, Chief, Sci- sistance in Criminal Matters (Treaty Doc. 104–21), entific Analysis Section, FBI Laboratory, both of the after receiving testimony from Jamison S. Borek, Department of Justice; Kentucky Deputy Secretary Deputy Legal Adviser, Department of State; and of Justice Michael Hulesmann, Frankfort; John Mark M. Richard, Deputy Assistant Attorney Gen- Farrell, Prince George’s County Police Department, eral, Criminal Division, Department of Justice. Palmer Park, Maryland; Joseph Bonino, Los Angeles NATIONAL FINE CENTER Police Department, Los Angeles, California; James V. Martin, South Carolina Law Enforcement Divi- Committee on Governmental Affairs: Committee held sion, Columbia, on behalf of SEARCH; Ted Almay, hearings to examine the status and role of the Ad- Ohio Bureau of Criminal Identification, London; and ministrative Office of United States Courts’ National A. James Walton, Jr., Vermont Department of Pub- Fine Center in processing and tracking information lic Safety, Montpelier. to assist the Department of Justice in its criminal debt collection efforts, receiving testimony from BUSINESS MEETING Clarence A. Lee, Jr., Associate Director for Manage- Committee on Labor and Human Resources: Committee ment and Operations, Administrative Office of the ordered favorably reported the following measures: United States Courts; Debra Cohn, Special Counsel, S. Con. Res. 52, to recognize and encourage the Office of the Deputy Attorney General, Department convening of a National Silver Haired Congress; and of Justice; William Stanley Hawthorne, Coopers & S. 1897, to authorize funds for certain programs Lybrand Consulting, McLean, Virginia; and David of the National Institutes of Health, with amend- Beatty, National Victim Center, Arlington, Virginia. ments. Hearings were recessed subject to call. INTELLIGENCE OPERATIONS INFORMATION MANAGEMENT REFORM Select Committee on Intelligence: Committee concluded Committee on Governmental Affairs: Subcommittee on hearings to examine the Central Intelligence Agency Oversight of Government Management held over- policy on the use of journalists, clergy, Peace Corps sight hearings on the implementation of the Infor- volunteers and others as cover for United States in- mation Technology Management Reform Act of telligence operations, after receiving testimony from 1996, receiving testimony from Christopher Hoenig, Senator Coverdell; John M. Deutch, Director, Director, Information Resources Management Poli- Central Intelligence Agency; Kenneth L. Adelman, cies and Issues, Accounting and Information Man- Washington Times, Arlington, Virginia; Ted July 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D755 Koppel, ABC News, Washington, D.C.; Mortimer sociation of Evangelicals, Carol Stream, Illinois; and B. Zuckerman, U.S. News & World Report, Sister John Orme, Wheaton, Illinois. Claudette La Verdiere, Maryknoll Sisters, Rodney INTELLIGENCE Page, Church World Service, on behalf of the Na- tional Council of Churches, and Terry Anderson, all Committee on Intelligence: Committee held closed hear- of New York, New York; Don Argue, National As- ings on intelligence matters, receiving testimony from officials of the intelligence community. Hearings were recessed subject to call. h House of Representatives Treasury, Postal Service, General Government Chamber Action Appropriations: By a yea-and-nay vote of 215 yeas Bills Introduced: 15 public bills, H.R. 3829–3843; to 207 nays, Roll No. 323, the House passed H.R. and 1 private bill, H.R. 3844 were introduced. 3756, making appropriations for the Treasury De- Pages H7779±80 partment, the United States Postal Service, the Exec- Reports Filed: Reports were filed as follows: utive Office of the President, and certain Independ- H.R. 3215, to amend title 18, United States ent Agencies, for the fiscal year ending September Code, to repeal the provision relating to Federal em- 30, 1997. Pages H7665±H7714 ployees contracting or trading with Indians (H. Rejected the Hoyer motion to recommit the bill Rept. 104–681); to the Committee on Appropriations. H.R. 3159, to amend title 49, United States Agreed To: Code, to authorize appropriations for fiscal years The Kennedy of Massachusetts amendment that 1997, 1998, and 1999 for the National Transpor- allocates $500,000 of Customs Service funding for tation Safety Board (H. Rept. 104–682); inspection of goods in foreign countries to enforce H.R. 3267, to amend title 49, United States child labor statutes; Pages H7676±77 Code, to prohibit individuals who do not hold a The Traficant amendment that directs the IRS to valid private pilots certificate from manipulating the contract with an independent accounting firm to de- controls of aircraft in an attempt to set a record or termine the revenue losses, if any, which would re- engage in an aeronautical competition or aeronautical sult from implementing H.R. 2450, as introduced in feat (H. Rept, 104–683); the 104th Congress; Pages H7677±78 H.R. 3536, to amend title 49, United States The Johnson of Connecticut amendment that Code, to require an air carrier to request and receive transfers $106.606 million funding for the IRS In- records before allowing an individual to begin serv- ternal Audit Function from the Inspector General of ice as a pilot, amended (H. Rept. 104–684); the Treasury to the Internal Revenue Service; H. Res. 481, providing for consideration of H.R. Pages H7692±93 3820, to amend the Federal Election Campaign Act The Wolf amendment that provides voluntary of 1971 to reform the financing of Federal election separation incentives for, no more than, 100 employ- campaigns (H. Rept. 104–685); and ees of the Agency for International Development; H. Res. 482, providing for further consideration Pages H7695±96 of H.R. 3734, to provide for reconciliation pursuant The Hoyer amendment that extends authority to to section 201 (a)(1) of the Concurrent resolution on provide voluntary separation incentive payments the budget for fiscal year 1997 (H. Rept. 104–686). from February 1, 1997 to March 31, 1997; Page H7779 Pages H7696±98 Committees To Sit: The following committees and The Sanders amendment that limits any funding their subcommittees received permission to sit today to health plans under the Federal Employees Health during proceedings of the House under the 5-minute Benefit Program that operate a provider incentive rule: Agriculture, Commerce, Government Reform plan that restricts medically necessary care; and and Oversight, International Relations, Judiciary, Pages H7698±H7700 National Security, Resources, Small Business, Trans- The Kingston amendment, as modified, that re- portation and Infrastructure, and Select Intelligence. duces funding for the Customs Service by $2 mil- Page H7665 lion. Pages H7700±01 D756 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996 Rejected: ment matter (passed by a recorded vote of 417 ayes The Hoyer amendment that sought to remove the to 6 noes, Roll No. 324); and Pages H7714±15 restrictions on abortions under the Federal Employee M-F-N Status to Romania: H.R. 3161, to au- Health Benefit Program (rejected by a recorded vote thorize the extension of nondiscriminatory treatment, of 184 ayes to 238 noes, Roll No. 320); most-favored-nation treatment, to the products of Pages H7679±84, H7711 Romania (passed by a yea-and-nay vote of 334 yeas The Solomon amendment that sought to limit any to 86 nays, Roll No. 325). Page H7715 funding by the Comptroller of the Currency to im- plement rulemaking permitting national banks, or Commerce, Justice, State, and the Judiciary Ap- operating subsidiaries of national banks, to engage in propriations: The House agreed to H. Res. 479, the activities in which national banks are not permitted rule providing for consideration of H.R. 3814, mak- to engage, as of July 16, 1996 (rejected by a re- ing appropriations for the Departments of Com- corded vote of 107 ayes to 312 noes with 4 voting merce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, ‘‘present’’, Roll No. 321); Pages H7684±92, H7711±12 The Gutknecht amendment, as modified, that 1997. Pages H7715±20 sought to apply a 1.9 percent reduction to all discre- It was made in order that immediately after dis- tionary appropriations (rejected by a recorded vote of position of the first amendment made in order by 150 ayes to 268 noes, Roll No. 322). the rule, and without intervention of any point of order, to consider the amendment relating to the Pages H7701±04, H7712±13 Points of Order Sustained Against: Advanced Technology Program, if offered by Rep- Section 406 language in the bill which authorizes resentative Rogers; and if that amendment is adopt- the establishment of telecommuting centers; ed, then points of order under clauses 2 and 6 of rule XXI shall be waived for all provisions of the Page H7675 bill, as amended, Pages H7716±20 Section 410 language in the bill which authorizes the administrator of GSA to sell or exchange real Presidential Messages: Read the following mes- property whether or not it is excess to the needs of sages from the President: the United States; Page H7675 Republic of Bulgaria Emigration: Message The Durbin amendment that sought to remove wherein he transmits the report concerning emigra- language which prohibits judicial review of ATF in- tion laws and policies of the Republic of Bulgaria— ability to process firearms applications for felons con- referred to the Committee on Ways and Means and victed of a violent crime, firearms violations, or ordered printed (H. Doc. 104–246); and Page H7720 drug-related crimes; Pages H7678±79 Arms Proliferation Policy: Message wherein he The Gekas amendment that sought to provide an transmits the of the President’s Advisory Board on automatic continuing resolution when Congress and Arms Proliferation Policy—referred to the Commit- the President fail to enact a regular appropriations tee on International Relations. Page H7720 bill for a fiscal year; Pages H7693±95 The Salmon amendment that sought to reduce Safe Drinking Water Act: Agreed by unanimous White House Office of Administration funding by consent to consider S. 1316, to reauthorize and $500,000; and Pages H7697±98 amend title XIV of the Public Health Service Act, The Kaptur amendment that sought to limit any commonly known as the ‘‘Safe Drinking Water Act’’. funding by the Customs Service relating to trade be- Agreed to strike all after the enacting clause and in- tween the United States and the People’s Republic sert in lieu the provisions of H.R. 3604, a similar of China for imports mined, produced, or manufac- House-passed measure. Subsequently, the House tured with the use of prison, slave, or child labor. passed S. 1316, agreed to amend the title, and H.R. Pages H7704±08 3604 was laid on the table. Pages H7720±40 Rejected the Wise motion that the Committee Agreed to the Bliley motion that the House insist rise and strike the enacting clause (rejected by a re- on its amendment to S. 1316, and ask for a con- corded vote of 182 ayes to 233 noes, Roll No. 319). ference. Page H7740 Pages H7688±90 Appointed as conferees from the Committee on Commerce, for consideration of the Senate bill, ex- Suspensions: The House voted to suspend the rules cept for sections 29(a) and 28(e), and the House and pass the following measures which were debated amendment, except for title V, and modifications on Tuesday, July 16: committed to conference: Representatives Bliley, Government Accountability: H.R. 3166, amend- Bilirakis, Crapo, Bilbray, Dingell, Waxman, and ed, to amend title 18, United States Code, with re- Stupak. From the Committee on Commerce, for con- spect to the crime of false statement in a Govern- sideration of sections 28(a) and 28(e) of the Senate July 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D757 bill, and modifications committed to conference: 601, 741, 742, 2863, 3154, and 3402 of the House Representatives Bliley, Bilirakis, and Dingell. As ad- bill, and sections 345–347, 561, 562, 601, 724, ditional conferees from the Committee on Science, 1080, 2827, 3175, and 3181–91 of the Senate for consideration of that portion of section 3 that amendment, and modifications committed to con- adds a new section 1478 and sections 23, 25(f), and ference: Representatives Bliley, Bilirakis, and Din- 28(f) of the Senate bill, and that portion of section gell. Provided that Representative Richardson is ap- 308 that adds a new section 1452(n) and section 402 pointed in lieu of Representative Dingell and Rep- and title VI of the House amendment, and modifica- resentative Schaefer is appointed in lieu of Rep- tions committed to conference: Representatives resentative Bilirakis for consideration of sections Walker, Rohrabacher, and Roemer. As additional 3181–91 of the Senate amendment. Provided that conferees from the Committee on Transportation and Representative Oxley is appointed in lieu of Rep- Infrastructure, for the consideration of that portion resentative Bilirakis for the consideration of section of section 3 that adds a new section 1471(c) and sec- 3154 of the House bill, and sections 345–347 and tions 9, 17, 22(d), 25(a), 25(g), 28(a), 28(e), 28(h), 3175 of the Senate amendment. Provided that Rep- and 28(i) of the Senate bill, and title V of the House resentative Schaefer is appointed in lieu of Rep- amendment and modifications committed to con- resentative Bilirakis for the consideration of sections ference: Representatives Shuster, Boehlert, Wamp, 2863 and 3402 of the House bill and section 2827 Borski, and Menendez, provided Representative of the Senate amendment. As additional conferees Blute is appointed in lieu of Representative Wamp from the Committee on Economic and Educational for consideration of title V of the House amendment. Opportunities, for consideration of sections 572, Pages H7740±42 Agreed to the Stupak motion to instruct conferees 1086, and 1122 of the Senate amendment, and to insist upon the provisions contained in section modifications committed to conference: Representa- tives Goodling, McKeon, and Clay. As additional 506 of the House amendment. Pages H7740±42 conferees from the Committee on Government Re- Defense Authorization: The House agreed to the form and Oversight, for consideration of sections Weldon of Pennsylvania motion to disagree with the 332–336, 362, 366, 807, 821–25, 1047, 3523–39, Senate amendment to H.R. 3230, to authorize ap- 3542, and 3548 of the House bill, and sections 636, propriations for fiscal year 1997 for military activi- 809(b), 921, 924–25, 1101, 1102, 1104, 1105, ties of the Department of Defense, to prescribe mili- 1109–1134, 1081, 1082, 1401–34, and 2826 of the tary personnel strengths for fiscal year 1997, and Senate amendment, and modifications committed to agree to a conference. Pages H7742±44 conference: Representatives Clinger, Mica, and Col- Appointed as conferees from the Committee on lins of Illinois. Provided that Representative Horn is National Security, for consideration of the House bill appointed in lieu of Representative Mica for consid- and the Senate amendment, and modifications com- mitted to conference: Representatives Spence, Stump, eration of sections 362, 366, 807, and 821–25 of the Hunter, Kasich, Bateman, Hansen, Weldon of Penn- House bill, and sections 809(b), 1081, 1401–34, and sylvania, Hefley, Saxton, Cunningham, Buyer, 2826 of the Senate amendment. Provided that Rep- Torkildsen, Fowler, McHugh, Talent, Watts of resentative Zeliff is appointed in lieu of Representa- Oklahoma, Hostettler, Chambliss, Hilleary, Hastings tive Mica for consideration of section 1082 of the of Washington, Dellums, Montgomery, Schroeder, Senate amendment. As additional conferees from the Skelton, Sisisky, Spratt, Ortiz, Pickett, Evans, Tan- Committee on International Relations, for consider- ner, Browder, Taylor of Mississippi, Tejeda, McHale, ation of sections 233–234, 237, 1041, 1043, 1052, Kennedy of Rhode Island, and DeLauro. As addi- 1101–05, 1301, 1307, 1501–53 of the House bill, tional conferees from the Permanent Select Commit- and sections 234, 1005, 1021, 1031, 1041–43, tee on Intelligence, for consideration of matters 1045, 1323, 1332–35, 1337, 1341–44, and within the jurisdiction of that committee under 1352–54 of the Senate amendment, and modifica- clause 2 of rule XLVIII: Representatives Combest, tions committed to conference: Representatives Gil- Lewis of California, and Dicks. As additional con- man, Bereuter, and Hamilton. As additional con- ferees from the Committee on Banking and Financial ferees from the Committee on the Judiciary, for con- Services, for consideration of sections 1085 and 1089 sideration of sections 537, 543, 1066, 1080, 1088, of the Senate amendment, and modifications com- 1201–16, and 1313 of the Senate amendment, and mitted to conference: Representatives Castle, Bachus, modifications committed to conference: Representa- and Gonzalez. As additional conferees from the Com- tives Hyde, McCollum, and Conyers. Provided that mittee on Commerce, for consideration of sections Representative Moorhead is appointed in lieu of D758 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996

Representative McCollum for consideration of sec- eral debate be confined to the bill and be limited to tions 537 and 1080 of the Senate amendment. Pro- two hours equally divided and controlled by the vided that Representative Smith of Texas is ap- chairman and ranking minority member of the Com- pointed in lieu of Representative McCollum for con- mittee on the Budget, that after general debate the sideration of sections 1066 and 1201–16 of the Sen- Committee of the Whole rise without motion, and ate amendment. As additional conferees from the that no further consideration of the bill be in order Committee on Resources, for consideration of sec- except pursuant to a subsequent order of the House. tions 247, 601, 2821, 1401–14, 2901–13, and Page H7745 2921–31 of the House bill, and sections 251–52, Budget Reconciliation: The House completed two 351, 601, 1074, 2821, 2836, and 2837 of the Senate hours of general debate on H.R. 3734, to provide for amendment, and modifications committed to con- reconciliation pursuant to section 201(a)(1) of the ference: Representatives Hansen, Saxton, and Miller concurrent resolution on the budget for fiscal year of California. As additional conferees from the Com- 1997. Debate will continue on Thursday, July 18. mittee on Science, for consideration of sections 203, 211, 245, and 247 of the House bill, and sections Pages H7745±62 211 and 251–52 of the Senate amendment, and Meeting Hour: Agreed that when the House ad- modifications committed to conference: Representa- journs today, it adjourn to meet at 9 a.m. on Thurs- tives Walker, Sensenbrenner, and Harman. As addi- day, July 18. Page H7778 tional conferees from the Committee on Transpor- Amendments: Amendments ordered printed pursu- tation and Infrastructure, for consideration of sec- ant to the rule appear on pages H7780–81. tions 324, 327, 501, and 601 of the House bill, and sections 345–348, 536, 601, 641, 1004, 1009–1010, Senate Messages: Messages received from the Senate 1311, 1314, and 3162 of the Senate amendment, appear on page H7661. and modifications committed to conference: Rep- Quorum Calls—Votes: Three yea-and-nay votes resentatives Shuster, Coble, and Barcia. As additional and five recorded votes developed during the pro- conferees from the Committee on Veterans’ Affairs ceedings of the House today and appear on pages for consideration of sections 556, 638, and 2821 of H7690, H7711, H7711–12, H7712–13, H7713–14, the House bill, and sections 538 and 2828 of the H7714–15, H7715, and H7744. There were no Senate amendment, and modifications committed to quorum calls. conference: Representatives Stump, Smith of New Adjournment: Met at 10:00 a.m. and adjourned at Jersey, and Montgomery. As additional conferees 11:27 p.m. from the Committee on Ways and Means, for con- sideration of sections 905, 1041(c)(2), 1550(a)(2), and 3313 of the House bill, and sections 1045(c)(2), Committee Meetings 1214 and 1323 of the Senate amendment, and modi- AGRICULTURAL EXTENSION PROGRAMS fications committed to conference: Representatives Committee on Agriculture: Subcommittee on Resource Crane, Thomas, and Gibbons. Page H7762 Agreed to the Dellums motion to instruct con- Conservation, Research, and Forestry held a hearing ferees to insist upon a total level of funding for oper- to review agricultural extension programs adminis- ations and maintenance not less than the total of the tered by the USDA. Testimony was heard from the amounts provided in section 301 of the House bill; following officials of the USDA: Catherine Woteki, a level of funding for military personnel not less Acting Under Secretary, Research, Education and than the amount provided in section 421 of the Extension; and the Bob Robinson, Administrator, House bill; and a total level of funding for military Cooperative State Research, Education and Extension construction and military family housing not less Service; and public witnesses. than the total of the amounts provided in division EVOLUTION OF THE BUDGET PROCESS B of the House bill. Pages H7742±44 Committee on the Budget: Continued hearings on ‘‘How By a yea-and-nay vote of 412 yeas to 3 nays, Roll Did We Get Here From There?’’ A Discussion of No. 326, agreed to the Weldon of Pennsylvania mo- the Evolution of the Budget Process from 1974 to tion that conference committee meetings be closed the Present. Testimony was heard from public wit- to the public when classified information is under nesses. consideration. Page H7744 Order of Business: It was made in order that for FOOD QUALITY PROTECTION ACT consideration of H.R. 3734 that the first reading of Committee on Commerce: Ordered reported amended the bill be dispensed with, that all points of order H.R. 1627, Food Quality Protection Act. Testimony against consideration of the bill be waived, that gen- was heard from witnesses. July 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D759 FOOD QUALITY PROTECTION ACT lands in the State of California managed by the Bu- Committee on Commerce: Subcommittee on Health and reau of Land Management for certain non-federal Environment approved for full Committee action lands; H.R. 2135, amended, to provide for the cor- amended H.R. 1627, Food Quality Protection Act. rection of boundaries of certain lands in Clark Coun- ty, Nevada, acquired by persons who purchased such FBI BACKGROUND FILES lands in good faith reliance on existing private land Committee on Government Reform and Oversight: Held a surveys; H.R. 2711, to provide for the substitution hearing on Security of FBI Background Files. Testi- of timber for the canceled Elkhorn Ridge Timber mony was heard from the following Special Agents, Sale; H.R. 3534, amended, Mineral King Act of U.S. Secret Service, Department of the Treasury: 1996; H.R. 3487, amended, National Marine Sanc- John Libonati, Supervisory Special Agent; Jeffrey tuaries Preservation Act. and H.R. 3537, amended, Undercoffer, Access Control Branch; and Arnold Federal Oceanography Coordination Improvement Cole, Supervisor, Access Control Branch. Act of 1996. AFRICA’S ENVIRONMENT MISCELLANEOUS MEASURES Committee on International Relations: Subcommittee on Committee on Resources: Subcommitee on Native Amer- Africa held a hearing on Africa’s Environment: The ican and Insular Affairs held a hearing on the follow- Final Frontier. Testimony was heard from Gary ing bills: H.R. 2710, Hoopa Valley Reservation Bombardier, Assistant Administrator, AID, U.S. South Boundary Correction Act; and H.R. 3671, International Development Cooperation Agency; and United Houma Nation Recognition and Land Claims public witnesses. Settlement Act of 1996. Testimony was heard from Representative Riggs; Michael Anderson, Deputy VIOLENT YOUTH PREDATOR ACT Assistant Secretary, Indian Affairs, Department of Committee on the Judiciary: Continued mark up of the Interior; Jack Ward Thomas, Chief, Forest Serv- H.R. 3565, Violent Youth Predator Act of 1996. ice, USDA; and public witnesses. Committee recessed subject to call. CAMPAIGN FINANCE REFORM ACT INTELLIGENCE COMMUNITY ACT Committee on Rules: Granted, by voice vote, a modi- Committee on National Security: Ordered reported fied closed rule on H.R. 3760, Campaign Finance amended H.R. 3237, Intelligence Community Act. Reform Act of 1996 providing one hour of general MISCELLANEOUS MEASURES debate equally divided and controlled between the chairman and ranking minority member of the Com- Committee on Resources: Ordered reported the following mittee on House Oversight. The rule provides that bills: H.R. 3579, amended, to direct the Secretary of no amendment will be in order except an amend- the Interior to convey certain property containing a ment in the nature of a substitute consisting of the fish and wildlife facility to the State of Wyoming; text of H.R. 3505 (as modified by an amendment H.R. 2505, amended, to amend the Alaska Native printed in the report of the Committee on Rules), Claims Settlement Act to make certain clarifications if offered by the Minority Leader or his designee. to the land bank protection provisions; H.R. 3287, The rule waives all points of order against the amended, Crawford National Fish Hatchery Convey- amendment in the nature of a substitute, as modi- ance Act; H.R. 3546, amended, Walhalla National fied, and provides that it will be considered as read, Fish Hatchery Conveyance Act; and H.R. 3557, will be debatable for one hour equally divided be- amended, Marion National Fish Hatchery Convey- tween the proponent and an opponent, and will not ance Act; H.R. 2122, amended, to designate the be subject to amendment. Finally, the rule provides Lake Tahoe Basin National Forest in the States of one motion to recommit with or without instruc- California and Nevada to be administered by the tions. Testimony was heard from Chairman Thomas Secretary of Agriculture; H.R. 2438, amended, to and Representatives Fawell, Shays, Greenwood, provide for the conveyance of lands to certain indi- Horn, Castle, Smith of Washington, Wamp, Fazio, viduals in Gunnison County, Colorado; H.R. 2518, Clay, Obey, Martinez, Farr, Maloney, and Meehan. amended to authorize the Secretary of Agriculture to exchange certain lands in the Wenatchee National WELFARE AND MEDICAID REFORM ACT Forest for certain lands owned by Public Utility Dis- Committee on Rules: Granted, by voice vote, a modi- trict No. 1 of Chelan County, Washington; H.R. fied closed rule providing two hours of additional 2709, amended, to provide for the conveyance of cer- general debate equally divided and controlled be- tain land to the Del Norte County Unified School tween the chairman and ranking minority member District of Del Norte County, California; H.R. 3147, of the Committee on the Budget. The rule waives all amended, to provide for the exchange of certain points of order against consideration of the bill. The D760 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996 rule provides for the adoption in the House and in Chief Scientist, NOAA, Department of Commerce; the Committee of the Whole of an amendment in David G. Davis, Deputy Director, Office of Wet- the nature of a substitute consisting of the text of lands, Oceans, and Watersheds, EPA; William E. H.R. 3829 (as modified by the amendment printed Roper, Assistant Director, Civil Works Program, Di- in the report of the Committee on Rules) and that rectorate for Research and Development, U.S. Corps the bill, as amended, be considered as original text of Engineers, Department of the Army; and public for the purpose of further amendment. witnesses. The rule provides for the consideration of an MISCELLANEOUS MEASURES amendment printed in part 2 of the report of the Committee on Rules if offered by the Chairman of Committee on Ways and Means: Ordered reported the the Committee on the Budget, or his designee, following: a conforming amendment to be incor- which shall be debatable for the time specified in porated into H.R. 3592, Water Resources Develop- the report equally divided and controlled by a pro- ment Act of 1996; H.R. 2823, International Dol- ponent and an opponent, which shall not be subject phin Conservation Program Act, as reported from to further amendment or to a demand for a division the Committee on Resources; and H.R. 3815, of the question and against which all points of order amended, to make technical corrections and mis- are waived. The rule provides for the consideration cellaneous to trade laws. of a further amendment if offered by the Minority Leader or his designee, consisting of the text of H.R. Joint Meetings 3832, debatable for one hour equally divided and WORKFORCE DEVELOPMENT ACT controlled by a proponent and an opponent, which shall not be subject to amendment and against Conferees met on the differences between the Senate- which all points of order are waived. Finally, the and House-passed versions of H.R. 1617, to consoli- rule provides one motion to recommit, with or with- date Federal employment training, vocational edu- out instructions. Testimony was heard from Chair- cation, and adult education programs and create in- man Kasich, Representatives Shaw, Roukema, Castle, tegrated statewide workforce development systems, Stenholm, Richardson, and Tanner. but did not complete action thereon, and recessed subject to call. CONGRESSIONAL REFORM PROPOSALS f Committee on Rules: Held a hearing to further examine congressional reform proposals. Testimony was heard COMMITTEE MEETINGS FOR THURSDAY, from Representatives Rohrabacher, Doolittle, Pombo, JULY 18, 1996 Royce, Coburn, Foley, Schroeder, Volkmer, Skaggs, (Committee meetings are open unless otherwise indicated) Barrett of Wisconsin, Eshoo, Minge, Stupak, Wool- sey, Underwood and Rivers. Senate EMPLOYMENT NON-DISCRIMINATION ACT Committee on Appropriations, Subcommittee on District of Columbia, to hold hearings on proposed budget esti- Committee on Small Business: Subcommittee on Gov- mates for fiscal year 1997 for the Government of the Dis- ernment Programs held a hearing on H.R. 1863, trict of Columbia, 9:30 a.m., SD–138. Employment Non-Discrimination Act of 1995. Tes- Full Committee, business meeting, to mark up H.R. timony was heard from Representatives Morella, 3675, making appropriations for the Department of Campbell, Frank of Massachusetts and Studds; and Transportation and related agencies for the fiscal year public witnesses. ending September 30, 1997, and H.R. 3754, making ap- propriations for the Legislative Branch for the fiscal year COMMITTEE BUSINESS ending September 30, 1997, 2 p.m., SD–192. Committee on Standards of Official Conduct: Met in ex- Committee on Banking, Housing, and Urban Affairs, to ecutive session to consider pending business. hold hearings to review the Federal Reserve’s semi-annual monetary policy report (Humphrey-Hawkins), 10 a.m., NATIONAL INVASIVE SPECIES ACT SH–216. Committee on Transportation and Infrastructure: Sub- Committee on Commerce, Science, and Transportation, to committee on Water Resources and Environment hold hearings on proposed legislation relating to natural disaster protection and insurance, 2:30 p.m., SR–253. and the Subcommittee on Coast Guard and Maritime Committee on Energy and Natural Resources, Subcommittee Transportation held a joint hearing on H.R. 3217, on Parks, Historic Preservation and Recreation, to hold National Invasive Species Act of 1996. Testimony hearings on S. 988, to direct the Secretary of the Interior was heard from Capt. Richard E. Bennis, USCG, to transfer administrative jurisdiction over certain land to Chief Office of Response, U.S. Coast Guard, Depart- the Secretary of the Army to facilitate construction of a ment of Transportation; Alfred M. Beeton, Acting jetty and sand transfer system, and S. 1805, to provide July 17, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D761 for the management of Voyageurs National Park, 9:30 Committee on the Judiciary , Subcommittee on Crime, a.m., SD–366. hearing on the rights and benefits of state and local law Committee on Foreign Relations, Subcommittee on East enforcement officers, with emphasis on the following Asian and Pacific Affairs, to hold hearings on certain is- bills: H.R. 878, Law Enforcement Officers Bill of Rights; sues with regard to Hong Kong, 2 p.m., SD–419. H.R. 218, 1995 Community Protection Initiative; H.R. Committee on the Judiciary, to resume open and hold 1805, to amend title 18, United States Code, to exempt closed hearings to examine the dissemination of Federal qualified current or former law enforcement officers from Bureau of Investigation background investigation reports State laws prohibiting the carrying of concealed firearms; and other information to the White House, 10 a.m., H.R. 2912, All-O’Hara Public Safety Officers Health SD–226. Benefits Act; and H.R. 3263, Law Enforcement and Cor- Committee on Labor and Human Resources, Subcommittee rectional Officers Employment Registration Act 1996, on Children and Families, to hold hearings to examine is- 9:30 a.m., 2237 Rayburn. sues relating to youth violence, 1:30 p.m., SD–430. Committee on Resources, Subcommitte on Energy and Committee on Indian Affairs, business meeting, to mark Mineral Resources, to mark up H.R. 2372, Surface Min- up S. 1264, to provide for certain benefits of the Missouri ing Control and Reclamation Amendments Act of 1995, River Basin Pick-Sloan project to the Crow Creek Sioux 10 a.m., 1324 Longworth. Tribe, S. 1834, to authorize funds for the Indian Environ- Subcommittee on National Parks, Forests, and Lands, mental General Assistance Program Act, S. 1869, to oversight hearing on National Park Service Concessions make certain technical corrections in the Indian Health Management, 10 a.m., 1334 Longworth. Care Improvement Act; to be followed by hearings on Committee on Rules, to consider H.R. 3816, making ap- H.R. 2464, to provide additional lands within the State propriations for energy and water development for the fis- of Utah for the Goshute Indian Reservation, and S. 1893, cal year ending September 30, 1997, and H.R. 743, to Torres-Martinez Desert Cahuilla Indians Claims Settle- amend the National Labor Relations Act to allow labor- ment Act, 9:30 a.m., SR–485. management cooperative efforts to improve economic NOTICE competitiveness in the United States, 10 a.m., H–313, Capitol. For a listing of Senate committee meetings sched- Committee on Science, Subcommittee on Space and Aero- uled ahead, see page E1313 in today’s Record. nautics, hearing on NASA’s Uncosted Carry-Over, 10 House a.m., 2318 Rayburn. Committee on Small Business, to continue hearings on Committee on Appropriations, to markup the District of Unfair Government-Supported Competition with Small Columbia appropriations for fiscal year 1997, 9:30 a.m., Business, 9:30 a.m., and to continue markup of the fol- 2360 Rayburn. lowing bills: H.R. 3719, Small Business Programs Im- Committee on Banking and Financial Services, Subcommit- provement Act of 1996; and H.R. 3720, Small Business tee on Financial Institutions and Consumer Credit, to Investment Company Reform Act of 1996, 1 p.m., 2359 mark up H.R. 3727, ATM Fee Reform Act of 1996, 9:30 Rayburn. a.m., 2128 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Commerce, Subcommittee on Commerce, committee on Public Buildings and Economic Develop- Trade, and Hazardous Materials, to markup the following bills: H.R. 3553, Federal Trade Commission Reauthoriza- ment, to continue oversight hearings on GSA Leasing tion Act of 1996; H.R. 447, to establish a toll free num- Program, 8:30 a.m., 2253 Rayburn. ber in the Department of Commerce to assist consumers Subcommittee on Surface Transportation, to continue in determining if products are American-made; and H.R. hearings on ISTEA Reauthorization Transportation Fi- 1186, Professional Boxing Safety Act, 2 p.m., 2322 Ray- nance in an Era of Scarce Resources: Innovating Financ- burn. ing, 9:30 a.m., 2167 Rayburn. Subcommittee on Telecommunications and Finance, Committee on Ways and Means, hearing on the impact of oversight hearing on the implementation of the Tele- international competitiveness of replacing the Federal In- communications Act of 1996, 10 a.m., 2123 Rayburn. come Tax, 10 a.m., 1100 Longworth. Committee on Economic and Educational Opportunities, Sub- Permanent Select Committee on Intelligence, the Committee committee on Postsecondary Education, Training and on International Relations and the Committee on the Ju- Life-long Learning, hearing on the rising cost of college, diciary, executive, joint briefing on Encryption Policy, 9:30 a.m., 2175 Rayburn. 1:30 p.m., S–407 Capitol. Committee on Government Reform and Oversight, Sub- committee on Civil Service, to mark up the Omnibus Joint Meetings Civil Service Reform measure, 9 a.m., 2154 Rayburn. Commission on Security and Cooperation in Europe, to hold Subcommittee on Postal Service, to continue hearings hearings to examine property restitution, compensation, on H.R. 3717, Postal Reform Act of 1996, 2 p.m., 2247 and preservation in post-Communist Europe, 10 a.m., Rayburn. 2255 Rayburn Building. D762 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 18 9 a.m., Thursday, July 18

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Complete consideration of H.R. of S. 1894, DOD Appropriations, 1997, and upon final 3734, Balanced Budget Reconciliation Act for FY 1997 disposition, Senate will begin consideration of S. 1956, (modified closed rule). Budget Reconciliation.

Extensions of Remarks, as inserted in this issue.

HOUSE Flanagan, Michael Patrick, Ill., E1312 Radanovich, George P., Calif., E1302, E1304 Forbes, Michael P., N.Y., E1312 Richardson, Bill, N. Mex., E1296 Baker, Bill, Calif., E1310 Frost, Martin, Tex., E1304 Ros-Lehtinen, Ileana, Fla., E1306 Bonilla, Henry, Tex., E1310 Goodling, William F., Pa., E1311 Saxton, Jim, N.J., E1302 Borski, Robert A., Pa., E1305 Hamilton, Lee H., Ind., E1299 Schroeder, Patricia, Colo., E1296 Burton, Dan, Ind., E1300 Hansen, James V., Utah, E1298 Shuster, Bud, Pa., E1311 Chrysler, Dick, Mich., E1306 Hayworth, J.D., Ariz., E1311 Stearns, Cliff, Fla., E1310 Coyne, William J., Pa., E1302 Holden, Tim, Pa., E1305 Underwood, Robert A., Guam, E1301, E1304 Danner, Pat, Mo., E1295 McIntosh, David M., Ind., E1302 Vela´ zquez, Nydia M., N.Y., E1299 Dornan, Robert K., Calif., E1296 Matsui, Robert T., Calif., E1298 Volkmer, Harold L., Mo., E1299 Duncan, John J., Jr., Tenn., E1307, E1309 Molinari, Susan, N.Y., E1311 Waxman, Henry A., Calif., E1299 Engel, Eliot L., N.Y., E1296, E1299, E1308, E1311 Packard, Ron, Calif., E1296 Weldon, Curt, Pa., E1297 Eshoo, Anna G., Calif., E1295, E1305 Pelosi, Nancy, Calif., E1298 Fields, Jack, Tex., E1306 Quinn, Jack, N.Y., E1304

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